| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO SENATE BILL 2640
| ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 2640 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 1. Nature of this Act. | ||||||
| 5 | (a) This Act may be cited as the First 2014 General | ||||||
| 6 | Revisory Act. | ||||||
| 7 | (b) This Act is not intended to make any substantive change | ||||||
| 8 | in the law. It reconciles conflicts that have arisen from | ||||||
| 9 | multiple amendments and enactments and makes technical | ||||||
| 10 | corrections and revisions in the law. | ||||||
| 11 | This Act revises and, where appropriate, renumbers certain | ||||||
| 12 | Sections that have been added or amended by more than one | ||||||
| 13 | Public Act. In certain cases in which a repealed Act or Section | ||||||
| 14 | has been replaced with a successor law, this Act may | ||||||
| 15 | incorporate amendments to the repealed Act or Section into the | ||||||
| 16 | successor law. This Act also corrects errors, revises | ||||||
| 17 | cross-references, and deletes obsolete text. | ||||||
| |||||||
| |||||||
| 1 | (c) In this Act, the reference at the end of each amended | ||||||
| 2 | Section indicates the sources in the Session Laws of Illinois | ||||||
| 3 | that were used in the preparation of the text of that Section. | ||||||
| 4 | The text of the Section included in this Act is intended to | ||||||
| 5 | include the different versions of the Section found in the | ||||||
| 6 | Public Acts included in the list of sources, but may not | ||||||
| 7 | include other versions of the Section to be found in Public | ||||||
| 8 | Acts not included in the list of sources. The list of sources | ||||||
| 9 | is not a part of the text of the Section. | ||||||
| 10 | (d) Public Acts 97-1145 through 98-589 were considered in | ||||||
| 11 | the preparation of the combining revisories included in this | ||||||
| 12 | Act. Many of those combining revisories contain no striking or | ||||||
| 13 | underscoring because no additional changes are being made in | ||||||
| 14 | the material that is being combined.
| ||||||
| 15 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
| 16 | Section 4.34 as follows:
| ||||||
| 17 | (5 ILCS 80/4.34) | ||||||
| 18 | Sec. 4.34. Acts and Section Act repealed on January 1, | ||||||
| 19 | 2024. The following Acts and
Section of an Act are is repealed
| ||||||
| 20 | on January 1, 2024: | ||||||
| 21 | The Electrologist Licensing Act. | ||||||
| 22 | The Illinois Certified Shorthand Reporters Act of | ||||||
| 23 | 1984. | ||||||
| 24 | The Illinois Occupational Therapy Practice Act. | ||||||
| |||||||
| |||||||
| 1 | The Illinois Public Accounting Act. | ||||||
| 2 | The Private Detective, Private Alarm, Private | ||||||
| 3 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
| 4 | The Registered Surgical Assistant and Registered | ||||||
| 5 | Surgical Technologist
Title Protection Act. | ||||||
| 6 | Section 2.5 of the Illinois Plumbing License Law.
| ||||||
| 7 | The Veterinary Medicine and Surgery Practice Act of | ||||||
| 8 | 2004. | ||||||
| 9 | (Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13; | ||||||
| 10 | 98-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff. | ||||||
| 11 | 12-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445, | ||||||
| 12 | eff. 12-31-13; revised 9-10-13.)
| ||||||
| 13 | Section 10. The Open Meetings Act is amended by changing | ||||||
| 14 | Section 2 as follows:
| ||||||
| 15 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
| 16 | Sec. 2. Open meetings.
| ||||||
| 17 | (a) Openness required. All meetings of public
bodies shall | ||||||
| 18 | be open to the public unless excepted in subsection (c)
and | ||||||
| 19 | closed in accordance with Section 2a.
| ||||||
| 20 | (b) Construction of exceptions. The exceptions contained | ||||||
| 21 | in subsection
(c) are in derogation of the requirement that | ||||||
| 22 | public bodies
meet in the open, and therefore, the exceptions | ||||||
| 23 | are to be strictly
construed, extending only to subjects | ||||||
| 24 | clearly within their scope.
The exceptions authorize but do not | ||||||
| |||||||
| |||||||
| 1 | require the holding of
a closed meeting to discuss a subject | ||||||
| 2 | included within an enumerated exception.
| ||||||
| 3 | (c) Exceptions. A public body may hold closed meetings to | ||||||
| 4 | consider the
following subjects:
| ||||||
| 5 | (1) The appointment, employment, compensation, | ||||||
| 6 | discipline, performance,
or dismissal of specific | ||||||
| 7 | employees of the public body or legal counsel for
the | ||||||
| 8 | public body, including hearing
testimony on a complaint | ||||||
| 9 | lodged against an employee of the public body or
against | ||||||
| 10 | legal counsel for the public body to determine its | ||||||
| 11 | validity.
| ||||||
| 12 | (2) Collective negotiating matters between the public | ||||||
| 13 | body and its
employees or their representatives, or | ||||||
| 14 | deliberations concerning salary
schedules for one or more | ||||||
| 15 | classes of employees.
| ||||||
| 16 | (3) The selection of a person to fill a public office,
| ||||||
| 17 | as defined in this Act, including a vacancy in a public | ||||||
| 18 | office, when the public
body is given power to appoint | ||||||
| 19 | under law or ordinance, or the discipline,
performance or | ||||||
| 20 | removal of the occupant of a public office, when the public | ||||||
| 21 | body
is given power to remove the occupant under law or | ||||||
| 22 | ordinance.
| ||||||
| 23 | (4) Evidence or testimony presented in open hearing, or | ||||||
| 24 | in closed
hearing where specifically authorized by law, to
| ||||||
| 25 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
| 26 | that the body
prepares and makes available for public | ||||||
| |||||||
| |||||||
| 1 | inspection a written decision
setting forth its | ||||||
| 2 | determinative reasoning.
| ||||||
| 3 | (5) The purchase or lease of real property for the use | ||||||
| 4 | of
the public body, including meetings held for the purpose | ||||||
| 5 | of discussing
whether a particular parcel should be | ||||||
| 6 | acquired.
| ||||||
| 7 | (6) The setting of a price for sale or lease of | ||||||
| 8 | property owned
by the public body.
| ||||||
| 9 | (7) The sale or purchase of securities, investments, or | ||||||
| 10 | investment
contracts. This exception shall not apply to the | ||||||
| 11 | investment of assets or income of funds deposited into the | ||||||
| 12 | Illinois Prepaid Tuition Trust Fund.
| ||||||
| 13 | (8) Security procedures and the use of personnel and
| ||||||
| 14 | equipment to respond to an actual, a threatened, or a | ||||||
| 15 | reasonably
potential danger to the safety of employees, | ||||||
| 16 | students, staff, the public, or
public
property.
| ||||||
| 17 | (9) Student disciplinary cases.
| ||||||
| 18 | (10) The placement of individual students in special | ||||||
| 19 | education
programs and other matters relating to | ||||||
| 20 | individual students.
| ||||||
| 21 | (11) Litigation, when an action against, affecting or | ||||||
| 22 | on behalf of the
particular public body has been filed and | ||||||
| 23 | is pending before a court or
administrative tribunal, or | ||||||
| 24 | when the public body finds that an action is
probable or | ||||||
| 25 | imminent, in which case the basis for the finding shall be
| ||||||
| 26 | recorded and entered into the minutes of the closed | ||||||
| |||||||
| |||||||
| 1 | meeting.
| ||||||
| 2 | (12) The establishment of reserves or settlement of | ||||||
| 3 | claims as provided
in the Local Governmental and | ||||||
| 4 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
| 5 | disposition of a claim or potential claim might be
| ||||||
| 6 | prejudiced, or the review or discussion of claims, loss or | ||||||
| 7 | risk management
information, records, data, advice or | ||||||
| 8 | communications from or with respect
to any insurer of the | ||||||
| 9 | public body or any intergovernmental risk management
| ||||||
| 10 | association or self insurance pool of which the public body | ||||||
| 11 | is a member.
| ||||||
| 12 | (13) Conciliation of complaints of discrimination in | ||||||
| 13 | the sale or rental
of housing, when closed meetings are | ||||||
| 14 | authorized by the law or ordinance
prescribing fair housing | ||||||
| 15 | practices and creating a commission or
administrative | ||||||
| 16 | agency for their enforcement.
| ||||||
| 17 | (14) Informant sources, the hiring or assignment of | ||||||
| 18 | undercover personnel
or equipment, or ongoing, prior or | ||||||
| 19 | future criminal investigations, when
discussed by a public | ||||||
| 20 | body with criminal investigatory responsibilities.
| ||||||
| 21 | (15) Professional ethics or performance when | ||||||
| 22 | considered by an advisory
body appointed to advise a | ||||||
| 23 | licensing or regulatory agency on matters
germane to the | ||||||
| 24 | advisory body's field of competence.
| ||||||
| 25 | (16) Self evaluation, practices and procedures or | ||||||
| 26 | professional ethics,
when meeting with a representative of | ||||||
| |||||||
| |||||||
| 1 | a statewide association of which the
public body is a | ||||||
| 2 | member.
| ||||||
| 3 | (17) The recruitment, credentialing, discipline or | ||||||
| 4 | formal peer review
of physicians or other
health care | ||||||
| 5 | professionals for a hospital, or
other institution | ||||||
| 6 | providing medical care, that is operated by the public | ||||||
| 7 | body.
| ||||||
| 8 | (18) Deliberations for decisions of the Prisoner | ||||||
| 9 | Review Board.
| ||||||
| 10 | (19) Review or discussion of applications received | ||||||
| 11 | under the
Experimental Organ Transplantation Procedures | ||||||
| 12 | Act.
| ||||||
| 13 | (20) The classification and discussion of matters | ||||||
| 14 | classified as
confidential or continued confidential by | ||||||
| 15 | the State Government Suggestion Award
Board.
| ||||||
| 16 | (21) Discussion of minutes of meetings lawfully closed | ||||||
| 17 | under this Act,
whether for purposes of approval by the | ||||||
| 18 | body of the minutes or semi-annual
review of the minutes as | ||||||
| 19 | mandated by Section 2.06.
| ||||||
| 20 | (22) Deliberations for decisions of the State
| ||||||
| 21 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
| 22 | (23) The operation by a municipality of a municipal | ||||||
| 23 | utility or the
operation of a
municipal power agency or | ||||||
| 24 | municipal natural gas agency when the
discussion involves | ||||||
| 25 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
| 26 | of electricity or natural gas or (ii) the results
or | ||||||
| |||||||
| |||||||
| 1 | conclusions of load forecast studies.
| ||||||
| 2 | (24) Meetings of a residential health care facility | ||||||
| 3 | resident sexual
assault and death review
team or
the | ||||||
| 4 | Executive
Council under the Abuse Prevention Review
Team | ||||||
| 5 | Act.
| ||||||
| 6 | (25) Meetings of an independent team of experts under | ||||||
| 7 | Brian's Law. | ||||||
| 8 | (26) Meetings of a mortality review team appointed | ||||||
| 9 | under the Department of Juvenile Justice Mortality Review | ||||||
| 10 | Team Act. | ||||||
| 11 | (27) (Blank). | ||||||
| 12 | (28) Correspondence and records (i) that may not be | ||||||
| 13 | disclosed under Section 11-9 of the Public Aid Code or (ii) | ||||||
| 14 | that pertain to appeals under Section 11-8 of the Public | ||||||
| 15 | Aid Code. | ||||||
| 16 | (29) Meetings between internal or external auditors | ||||||
| 17 | and governmental audit committees, finance committees, and | ||||||
| 18 | their equivalents, when the discussion involves internal | ||||||
| 19 | control weaknesses, identification of potential fraud risk | ||||||
| 20 | areas, known or suspected frauds, and fraud interviews | ||||||
| 21 | conducted in accordance with generally accepted auditing | ||||||
| 22 | standards of the United States of America. | ||||||
| 23 | (30) Those meetings or portions of meetings of an | ||||||
| 24 | at-risk adult fatality review team or the Illinois At-Risk | ||||||
| 25 | Adult Fatality Review Team Advisory Council during which a | ||||||
| 26 | review of the death of an eligible adult in which abuse or | ||||||
| |||||||
| |||||||
| 1 | neglect is suspected, alleged, or substantiated is | ||||||
| 2 | conducted pursuant to Section 15 of the Adult Protective | ||||||
| 3 | Services Act. | ||||||
| 4 | (31) (30) Meetings and deliberations for decisions of | ||||||
| 5 | the Concealed Carry Licensing Review Board under the | ||||||
| 6 | Firearm Concealed Carry Act. | ||||||
| 7 | (d) Definitions. For purposes of this Section:
| ||||||
| 8 | "Employee" means a person employed by a public body whose | ||||||
| 9 | relationship
with the public body constitutes an | ||||||
| 10 | employer-employee relationship under
the usual common law | ||||||
| 11 | rules, and who is not an independent contractor.
| ||||||
| 12 | "Public office" means a position created by or under the
| ||||||
| 13 | Constitution or laws of this State, the occupant of which is | ||||||
| 14 | charged with
the exercise of some portion of the sovereign | ||||||
| 15 | power of this State. The term
"public office" shall include | ||||||
| 16 | members of the public body, but it shall not
include | ||||||
| 17 | organizational positions filled by members thereof, whether
| ||||||
| 18 | established by law or by a public body itself, that exist to | ||||||
| 19 | assist the
body in the conduct of its business.
| ||||||
| 20 | "Quasi-adjudicative body" means an administrative body | ||||||
| 21 | charged by law or
ordinance with the responsibility to conduct | ||||||
| 22 | hearings, receive evidence or
testimony and make | ||||||
| 23 | determinations based
thereon, but does not include
local | ||||||
| 24 | electoral boards when such bodies are considering petition | ||||||
| 25 | challenges.
| ||||||
| 26 | (e) Final action. No final action may be taken at a closed | ||||||
| |||||||
| |||||||
| 1 | meeting.
Final action shall be preceded by a public recital of | ||||||
| 2 | the nature of the
matter being considered and other information | ||||||
| 3 | that will inform the
public of the business being conducted.
| ||||||
| 4 | (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; | ||||||
| 5 | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. | ||||||
| 6 | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; revised | ||||||
| 7 | 7-23-13.)
| ||||||
| 8 | Section 15. The Freedom of Information Act is amended by | ||||||
| 9 | changing Sections 3.2 and 7.5 as follows:
| ||||||
| 10 | (5 ILCS 140/3.2) | ||||||
| 11 | Sec. 3.2. Recurrent requesters. | ||||||
| 12 | (a) Notwithstanding Nothwithstanding any provision of this | ||||||
| 13 | Act to the contrary, a public body shall respond to a request | ||||||
| 14 | from a recurrent requester, as defined in subsection (g) of | ||||||
| 15 | Section 2, within 21 business days after receipt. The response | ||||||
| 16 | shall (i) provide to the requester an estimate of the time | ||||||
| 17 | required by the public body to provide the records requested | ||||||
| 18 | and an estimate of the fees to be charged, which the public | ||||||
| 19 | body may require the person to pay in full before copying the | ||||||
| 20 | requested documents, (ii) deny the request pursuant to one or | ||||||
| 21 | more of the exemptions set out in this Act, (iii) notify the | ||||||
| 22 | requester that the request is unduly burdensome and extend an | ||||||
| 23 | opportunity to the requester to attempt to reduce the request | ||||||
| 24 | to manageable proportions, or (iv) provide the records | ||||||
| |||||||
| |||||||
| 1 | requested. | ||||||
| 2 | (b) Within 5 business days after receiving a request from a | ||||||
| 3 | recurrent requester, as defined in subsection (g) of Section 2, | ||||||
| 4 | the public body shall notify the requester (i) that the public | ||||||
| 5 | body is treating the request as a request under subsection (g) | ||||||
| 6 | of Section 2, (ii) of the reasons why the public body is | ||||||
| 7 | treating the request as a request under subsection (g) of | ||||||
| 8 | Section 2, and (iii) that the public body will send an initial | ||||||
| 9 | response within 21 business days after receipt in accordance | ||||||
| 10 | with subsection (a) of this Section. The public body shall also | ||||||
| 11 | notify the requester of the proposed responses that can be | ||||||
| 12 | asserted pursuant to subsection (a) of this Section. | ||||||
| 13 | (c) Unless the records are exempt from disclosure, a public | ||||||
| 14 | body shall comply with a request within a reasonable period | ||||||
| 15 | considering the size and complexity of the request.
| ||||||
| 16 | (Source: P.A. 97-579, eff. 8-26-11; revised 9-4-13.)
| ||||||
| 17 | (5 ILCS 140/7.5) | ||||||
| 18 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
| 19 | by the statutes referenced below, the following shall be exempt | ||||||
| 20 | from inspection and copying: | ||||||
| 21 | (a) All information determined to be confidential under | ||||||
| 22 | Section 4002 of the Technology Advancement and Development Act. | ||||||
| 23 | (b) Library circulation and order records identifying | ||||||
| 24 | library users with specific materials under the Library Records | ||||||
| 25 | Confidentiality Act. | ||||||
| |||||||
| |||||||
| 1 | (c) Applications, related documents, and medical records | ||||||
| 2 | received by the Experimental Organ Transplantation Procedures | ||||||
| 3 | Board and any and all documents or other records prepared by | ||||||
| 4 | the Experimental Organ Transplantation Procedures Board or its | ||||||
| 5 | staff relating to applications it has received. | ||||||
| 6 | (d) Information and records held by the Department of | ||||||
| 7 | Public Health and its authorized representatives relating to | ||||||
| 8 | known or suspected cases of sexually transmissible disease or | ||||||
| 9 | any information the disclosure of which is restricted under the | ||||||
| 10 | Illinois Sexually Transmissible Disease Control Act. | ||||||
| 11 | (e) Information the disclosure of which is exempted under | ||||||
| 12 | Section 30 of the Radon Industry Licensing Act. | ||||||
| 13 | (f) Firm performance evaluations under Section 55 of the | ||||||
| 14 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
| 15 | Based Selection Act. | ||||||
| 16 | (g) Information the disclosure of which is restricted and | ||||||
| 17 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
| 18 | (h) Information the disclosure of which is exempted under | ||||||
| 19 | the State Officials and Employees Ethics Act, and records of | ||||||
| 20 | any lawfully created State or local inspector general's office | ||||||
| 21 | that would be exempt if created or obtained by an Executive | ||||||
| 22 | Inspector General's office under that Act. | ||||||
| 23 | (i) Information contained in a local emergency energy plan | ||||||
| 24 | submitted to a municipality in accordance with a local | ||||||
| 25 | emergency energy plan ordinance that is adopted under Section | ||||||
| 26 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
| |||||||
| |||||||
| 1 | (j) Information and data concerning the distribution of | ||||||
| 2 | surcharge moneys collected and remitted by wireless carriers | ||||||
| 3 | under the Wireless Emergency Telephone Safety Act. | ||||||
| 4 | (k) Law enforcement officer identification information or | ||||||
| 5 | driver identification information compiled by a law | ||||||
| 6 | enforcement agency or the Department of Transportation under | ||||||
| 7 | Section 11-212 of the Illinois Vehicle Code. | ||||||
| 8 | (l) Records and information provided to a residential | ||||||
| 9 | health care facility resident sexual assault and death review | ||||||
| 10 | team or the Executive Council under the Abuse Prevention Review | ||||||
| 11 | Team Act. | ||||||
| 12 | (m) Information provided to the predatory lending database | ||||||
| 13 | created pursuant to Article 3 of the Residential Real Property | ||||||
| 14 | Disclosure Act, except to the extent authorized under that | ||||||
| 15 | Article. | ||||||
| 16 | (n) Defense budgets and petitions for certification of | ||||||
| 17 | compensation and expenses for court appointed trial counsel as | ||||||
| 18 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
| 19 | Litigation Act. This subsection (n) shall apply until the | ||||||
| 20 | conclusion of the trial of the case, even if the prosecution | ||||||
| 21 | chooses not to pursue the death penalty prior to trial or | ||||||
| 22 | sentencing. | ||||||
| 23 | (o) Information that is prohibited from being disclosed | ||||||
| 24 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
| 25 | Registry Act. | ||||||
| 26 | (p) Security portions of system safety program plans, | ||||||
| |||||||
| |||||||
| 1 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 2 | information compiled, collected, or prepared by or for the | ||||||
| 3 | Regional Transportation Authority under Section 2.11 of the | ||||||
| 4 | Regional Transportation Authority Act or the St. Clair County | ||||||
| 5 | Transit District under the Bi-State Transit Safety Act. | ||||||
| 6 | (q) Information prohibited from being disclosed by the | ||||||
| 7 | Personnel Records Review Act. | ||||||
| 8 | (r) Information prohibited from being disclosed by the | ||||||
| 9 | Illinois School Student Records Act. | ||||||
| 10 | (s) Information the disclosure of which is restricted under | ||||||
| 11 | Section 5-108 of the Public Utilities Act.
| ||||||
| 12 | (t) All identified or deidentified health information in | ||||||
| 13 | the form of health data or medical records contained in, stored | ||||||
| 14 | in, submitted to, transferred by, or released from the Illinois | ||||||
| 15 | Health Information Exchange, and identified or deidentified | ||||||
| 16 | health information in the form of health data and medical | ||||||
| 17 | records of the Illinois Health Information Exchange in the | ||||||
| 18 | possession of the Illinois Health Information Exchange | ||||||
| 19 | Authority due to its administration of the Illinois Health | ||||||
| 20 | Information Exchange. The terms "identified" and | ||||||
| 21 | "deidentified" shall be given the same meaning as in the Health | ||||||
| 22 | Insurance Accountability and Portability Act of 1996, Public | ||||||
| 23 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
| 24 | regulations promulgated thereunder. | ||||||
| 25 | (u) Records and information provided to an independent team | ||||||
| 26 | of experts under Brian's Law. | ||||||
| |||||||
| |||||||
| 1 | (v) Names and information of people who have applied for or | ||||||
| 2 | received Firearm Owner's Identification Cards under the | ||||||
| 3 | Firearm Owners Identification Card Act or applied for or | ||||||
| 4 | received a concealed carry license under the Firearm Concealed | ||||||
| 5 | Carry Act, unless otherwise authorized by the Firearm Concealed | ||||||
| 6 | Carry Act; and databases under the Firearm Concealed Carry Act, | ||||||
| 7 | records of the Concealed Carry Licensing Review Board under the | ||||||
| 8 | Firearm Concealed Carry Act, and law enforcement agency | ||||||
| 9 | objections under the Firearm Concealed Carry Act. | ||||||
| 10 | (w) Personally identifiable information which is exempted | ||||||
| 11 | from disclosure under subsection (g) of Section 19.1 of the | ||||||
| 12 | Toll Highway Act. | ||||||
| 13 | (x) Information which is exempted from disclosure under | ||||||
| 14 | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | ||||||
| 15 | Illinois Municipal Code. | ||||||
| 16 | (y) Confidential information under the Adult Protective | ||||||
| 17 | Services Act and its predecessor enabling statute, the Elder | ||||||
| 18 | Abuse and Neglect Act, including information about the identity | ||||||
| 19 | and administrative finding against any caregiver of a verified | ||||||
| 20 | and substantiated decision of significant abuse, neglect, or | ||||||
| 21 | financial exploitation of an eligible adult maintained in the | ||||||
| 22 | Department of Public Health's Health Care Worker Registry. | ||||||
| 23 | (z) Records and information provided to an at-risk adult | ||||||
| 24 | fatality review team or the Illinois At-Risk Adult Fatality | ||||||
| 25 | Review Team Advisory Council under Section 15 of the Adult | ||||||
| 26 | Protective Services Act. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342, | ||||||
| 2 | eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49, | ||||||
| 3 | eff. 7-1-13; 98-63, eff. 7-9-13; revised 7-23-13.)
| ||||||
| 4 | Section 20. The State Employee Indemnification Act is | ||||||
| 5 | amended by changing Section 1 as follows:
| ||||||
| 6 | (5 ILCS 350/1) (from Ch. 127, par. 1301)
| ||||||
| 7 | Sec. 1. Definitions. For the purpose of this Act:
| ||||||
| 8 | (a) The term "State" means the State of Illinois, the | ||||||
| 9 | General
Assembly, the court, or any State office, department, | ||||||
| 10 | division, bureau,
board, commission, or committee, the | ||||||
| 11 | governing boards of the public
institutions of higher education | ||||||
| 12 | created by the State, the Illinois
National Guard, the | ||||||
| 13 | Comprehensive Health Insurance Board, any poison control
| ||||||
| 14 | center designated under the Poison Control System Act that | ||||||
| 15 | receives State
funding, or any other agency or instrumentality | ||||||
| 16 | of the State. It
does not mean any local public entity as that | ||||||
| 17 | term is defined in Section
1-206 of the Local Governmental and | ||||||
| 18 | Governmental Employees Tort Immunity
Act or a pension fund.
| ||||||
| 19 | (b) The term "employee" means any present or former elected | ||||||
| 20 | or
appointed officer, trustee or employee of the State, or of a | ||||||
| 21 | pension
fund,
any present or former commissioner or employee of | ||||||
| 22 | the Executive Ethics
Commission or of the Legislative Ethics | ||||||
| 23 | Commission, any present or former
Executive, Legislative, or | ||||||
| 24 | Auditor General's Inspector General, any present or
former | ||||||
| |||||||
| |||||||
| 1 | employee of an Office of an Executive, Legislative, or Auditor | ||||||
| 2 | General's
Inspector General, any present or former member of | ||||||
| 3 | the Illinois National
Guard
while on active duty, individuals | ||||||
| 4 | or organizations who contract with the
Department of | ||||||
| 5 | Corrections, the Department of Juvenile Justice, the | ||||||
| 6 | Comprehensive Health Insurance Board, or the
Department of | ||||||
| 7 | Veterans' Affairs to provide services, individuals or
| ||||||
| 8 | organizations who contract with the Department of Human | ||||||
| 9 | Services (as
successor to the Department of Mental Health and | ||||||
| 10 | Developmental
Disabilities) to provide services including but | ||||||
| 11 | not limited to treatment and
other services for sexually | ||||||
| 12 | violent persons, individuals or organizations who
contract | ||||||
| 13 | with the Department of
Military
Affairs for youth programs, | ||||||
| 14 | individuals or
organizations who contract to perform carnival | ||||||
| 15 | and amusement ride safety
inspections for the Department of | ||||||
| 16 | Labor, individual representatives of or
designated | ||||||
| 17 | organizations authorized to represent the Office of State | ||||||
| 18 | Long-Term
Ombudsman for the Department on Aging, individual | ||||||
| 19 | representatives of or
organizations designated by the | ||||||
| 20 | Department on Aging in the performance of their
duties as adult | ||||||
| 21 | protective services agencies or regional administrative | ||||||
| 22 | agencies
under the Adult Protective Services Act, individuals | ||||||
| 23 | or organizations appointed as members of a review team or the | ||||||
| 24 | Advisory Council under the Adult Protective Services Act, | ||||||
| 25 | individuals or organizations who perform
volunteer services | ||||||
| 26 | for the State where such volunteer relationship is reduced
to | ||||||
| |||||||
| |||||||
| 1 | writing, individuals who serve on any public entity (whether | ||||||
| 2 | created by law
or administrative action) described in paragraph | ||||||
| 3 | (a) of this Section,
individuals or not for profit | ||||||
| 4 | organizations who, either as volunteers, where
such volunteer | ||||||
| 5 | relationship is reduced to writing, or pursuant to contract,
| ||||||
| 6 | furnish professional advice or consultation to any agency or | ||||||
| 7 | instrumentality of
the State, individuals who serve as foster | ||||||
| 8 | parents for the Department of
Children and Family Services when | ||||||
| 9 | caring for a Department ward, individuals who serve as members | ||||||
| 10 | of an independent team of experts under Brian's Law, and | ||||||
| 11 | individuals
who serve as arbitrators pursuant to Part 10A of
| ||||||
| 12 | Article II of the Code of Civil Procedure and the rules of the | ||||||
| 13 | Supreme Court
implementing Part 10A, each as now or hereafter | ||||||
| 14 | amended, but does not mean an
independent contractor except as | ||||||
| 15 | provided in this Section. The term includes an
individual | ||||||
| 16 | appointed as an inspector by the Director of State Police when
| ||||||
| 17 | performing duties within the scope of the activities of a | ||||||
| 18 | Metropolitan
Enforcement Group or a law enforcement | ||||||
| 19 | organization established under the
Intergovernmental | ||||||
| 20 | Cooperation Act. An individual who renders professional
advice | ||||||
| 21 | and consultation to the State through an organization which | ||||||
| 22 | qualifies as
an "employee" under the Act is also an employee. | ||||||
| 23 | The term includes the estate
or personal representative of an | ||||||
| 24 | employee.
| ||||||
| 25 | (c) The term "pension fund" means a retirement system or | ||||||
| 26 | pension
fund created under the Illinois Pension Code.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; revised | ||||||
| 2 | 8-9-13.)
| ||||||
| 3 | Section 25. The State Employees Group Insurance Act of 1971 | ||||||
| 4 | is amended by setting forth, renumbering, and changing multiple | ||||||
| 5 | versions of Section 2.5 as follows:
| ||||||
| 6 | (5 ILCS 375/2.5) | ||||||
| 7 | Sec. 2.5. Application to Regional Transportation Authority | ||||||
| 8 | Board members. Notwithstanding any other provision of this Act | ||||||
| 9 | to the contrary, this Act does not apply to any member of the | ||||||
| 10 | Regional Transportation Authority Board who first becomes a | ||||||
| 11 | member of that Board on or after July 23, 2013 (the effective | ||||||
| 12 | date of Public Act 98-108) this amendatory Act of the 98th | ||||||
| 13 | General Assembly with respect to service of that Board.
| ||||||
| 14 | (Source: P.A. 98-108, eff. 7-23-13; revised 9-6-13.)
| ||||||
| 15 | (5 ILCS 375/2.9) | ||||||
| 16 | Sec. 2.9 2.5. State healthcare purchasing. On and after the | ||||||
| 17 | date 6 months after August 16, 2013 (the effective date of | ||||||
| 18 | Public Act 98-488) this amendatory Act of the 98th General | ||||||
| 19 | Assembly, as provided in the Executive Order 1 (2012) | ||||||
| 20 | Implementation Act, all of the powers, duties, rights, and | ||||||
| 21 | responsibilities related to State healthcare purchasing under | ||||||
| 22 | this Act that were transferred from the Department of Central | ||||||
| 23 | Management Services to the Department of Healthcare and Family | ||||||
| |||||||
| |||||||
| 1 | Services by Executive Order 3 (2005) are transferred back to | ||||||
| 2 | the Department.
| ||||||
| 3 | (Source: P.A. 98-488, eff. 8-16-13; revised 9-6-13.)
| ||||||
| 4 | Section 30. The State Commemorative Dates Act is amended by | ||||||
| 5 | setting forth, renumbering, and changing multiple versions of | ||||||
| 6 | Section 175 as follows:
| ||||||
| 7 | (5 ILCS 490/175) | ||||||
| 8 | Sec. 175. Mother Mary Ann Bickerdyke Day. The second | ||||||
| 9 | Wednesday in May of each year is designated as Mother Mary Ann | ||||||
| 10 | Bickerdyke Day, to be observed throughout the State as a day | ||||||
| 11 | set apart to honor Mother Mary Ann Bickerdyke of Galesburg, | ||||||
| 12 | military nurses, and the contribution of nurses to the State of | ||||||
| 13 | Illinois and the United States of America.
| ||||||
| 14 | (Source: P.A. 98-141, eff. 8-2-13.)
| ||||||
| 15 | (5 ILCS 490/180) | ||||||
| 16 | Sec. 180 175. Chronic Obstructive Pulmonary Disease (COPD) | ||||||
| 17 | Month. The month of November in each year is designated as | ||||||
| 18 | Chronic Obstructive Pulmonary Disease (COPD) Month to be | ||||||
| 19 | observed throughout the State as a month for the people of | ||||||
| 20 | Illinois to support efforts to decrease the prevalence of COPD, | ||||||
| 21 | develop better treatments, and work toward an eventual cure | ||||||
| 22 | through increased research, treatment, and prevention.
| ||||||
| 23 | (Source: P.A. 98-220, eff. 8-9-13; revised 9-9-13.)
| ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 490/185) | ||||||
| 2 | Sec. 185 175. Eat Local, Buy Illinois Products Day. The | ||||||
| 3 | first Saturday of each month is designated as Eat Local, Buy | ||||||
| 4 | Illinois Products Day to promote local food initiatives and , | ||||||
| 5 | Illinois agribusiness, and to encourage residents to re-invest | ||||||
| 6 | in the local economy. The Department of Agriculture's Illinois | ||||||
| 7 | Product Logo Program shall assist in increasing awareness and | ||||||
| 8 | sales of Illinois food and agribusiness products.
| ||||||
| 9 | (Source: P.A. 98-341, eff. 8-13-13; revised 9-9-13.)
| ||||||
| 10 | Section 35. The Election Code is amended by changing | ||||||
| 11 | Sections 1A-16.5, 4-10, 5-9, 10-4, 19-4, 24A-15.1, 24A-16, and | ||||||
| 12 | 28-3 as follows:
| ||||||
| 13 | (10 ILCS 5/1A-16.5) | ||||||
| 14 | Sec. 1A-16.5. Online voter registration. | ||||||
| 15 | (a) The State Board of Elections shall establish and | ||||||
| 16 | maintain a system for online voter registration that permits a | ||||||
| 17 | person to apply to register to vote or to update his or her | ||||||
| 18 | existing voter registration. In accordance with technical | ||||||
| 19 | specifications provided by the State Board of Elections, each | ||||||
| 20 | election authority shall maintain a voter registration system | ||||||
| 21 | capable of receiving and processing voter registration | ||||||
| 22 | application information, including electronic signatures, from | ||||||
| 23 | the online voter registration system established by the State | ||||||
| |||||||
| |||||||
| 1 | Board of Elections. | ||||||
| 2 | (b) The online voter registration system shall employ | ||||||
| 3 | security measures to ensure the accuracy and integrity of voter | ||||||
| 4 | registration applications submitted electronically pursuant to | ||||||
| 5 | this Section. | ||||||
| 6 | (c) The Board may receive voter registration information | ||||||
| 7 | provided by applicants using the State Board of Elections' | ||||||
| 8 | website, may cross reference that information with data or | ||||||
| 9 | information contained in the Secretary of State's database in | ||||||
| 10 | order to match the information submitted by applicants, and may | ||||||
| 11 | receive from the Secretary of State the applicant's digitized | ||||||
| 12 | signature upon a successful match of that applicant's | ||||||
| 13 | information with that contained in the Secretary of State's | ||||||
| 14 | database. | ||||||
| 15 | (d) Notwithstanding any other provision of law, a person | ||||||
| 16 | who is qualified to register to vote and who has an authentic | ||||||
| 17 | Illinois driver's license or State identification card issued | ||||||
| 18 | by the Secretary of State may submit an application to register | ||||||
| 19 | to vote electronically on a website maintained by the State | ||||||
| 20 | Board of Elections. | ||||||
| 21 | (e) An online voter registration application shall contain | ||||||
| 22 | all of the information that is required for a paper application | ||||||
| 23 | as provided in Section 1A-16 of this Code, except that the | ||||||
| 24 | applicant shall be required to provide: | ||||||
| 25 | (1) the applicant's full Illinois driver's license or | ||||||
| 26 | State identification card number; | ||||||
| |||||||
| |||||||
| 1 | (2) the last 4 digits of the applicant's social | ||||||
| 2 | security number; and | ||||||
| 3 | (3) the date the Illinois driver's license or State | ||||||
| 4 | identification card was issued. | ||||||
| 5 | (f) For an applicant's registration or change in | ||||||
| 6 | registration to be accepted, the applicant shall mark the box | ||||||
| 7 | associated with the following statement included as part of the | ||||||
| 8 | online voter registration application: | ||||||
| 9 | "By clicking on the box below, I swear or affirm all of the | ||||||
| 10 | following: | ||||||
| 11 | (1) I am the person whose name and identifying information | ||||||
| 12 | is provided on this form, and I desire to register to vote in | ||||||
| 13 | the State of Illinois. | ||||||
| 14 | (2) All the information I have provided on this form is | ||||||
| 15 | true and correct as of the date I am submitting this form. | ||||||
| 16 | (3) I authorize the Secretary of State to transmit to the | ||||||
| 17 | State Board of Elections my signature that is on file with the | ||||||
| 18 | Secretary of State and understand that such signature will be | ||||||
| 19 | used by my local election authority on this online voter | ||||||
| 20 | registration application for admission as an elector as if I | ||||||
| 21 | had signed this form personally.". | ||||||
| 22 | (g) Immediately upon receiving a completed online voter | ||||||
| 23 | registration application, the online voter registration system | ||||||
| 24 | shall send, by electronic mail, a confirmation notice that the | ||||||
| 25 | application has been received. Within 48 hours of receiving | ||||||
| 26 | such an application, the online voter registration system shall | ||||||
| |||||||
| |||||||
| 1 | send by electronic mail, a notice informing the applicant of | ||||||
| 2 | whether the following information has been matched with the | ||||||
| 3 | Secretary of State database: | ||||||
| 4 | (1) that the applicant has an authentic Illinois | ||||||
| 5 | driver's license or State identification card issued by the | ||||||
| 6 | Secretary of State and that the driver's license or State | ||||||
| 7 | identification number provided by the applicant matches | ||||||
| 8 | the driver's license or State identification card number | ||||||
| 9 | for that person on file with the Secretary of State; | ||||||
| 10 | (2) that the date of issuance of the Illinois driver's | ||||||
| 11 | license or State identification card listed on the | ||||||
| 12 | application matches the date of issuance of that card for | ||||||
| 13 | that person on file with the Secretary of State; | ||||||
| 14 | (3) that the date of birth provided by the applicant | ||||||
| 15 | matches the date of birth for that person on file with the | ||||||
| 16 | Secretary of State; and | ||||||
| 17 | (4) that the last 4 digits of the applicant's social | ||||||
| 18 | security number matches the last 4 four digits for that | ||||||
| 19 | person on file with the Secretary of State. | ||||||
| 20 | (h) If the information provided by the applicant matches | ||||||
| 21 | the information on the Secretary of State's databases for any | ||||||
| 22 | driver's license and State identification card holder and is | ||||||
| 23 | matched as provided in subsection (g) above, the online voter | ||||||
| 24 | registration system shall: | ||||||
| 25 | (1) retrieve from the Secretary of State's database | ||||||
| 26 | files an electronic copy of the applicant's signature from | ||||||
| |||||||
| |||||||
| 1 | his or her Illinois driver's license or State | ||||||
| 2 | identification card and such signature shall be deemed to | ||||||
| 3 | be the applicant's signature on his or her online voter | ||||||
| 4 | registration application; | ||||||
| 5 | (2) within 2 days of receiving the application, forward | ||||||
| 6 | to the county clerk or board of election commissioners | ||||||
| 7 | having jurisdiction over the applicant's voter | ||||||
| 8 | registration: (i) the application, along with the | ||||||
| 9 | applicant's relevant data that can be directly loaded into | ||||||
| 10 | the jurisdiction's voter registration system and (ii) a | ||||||
| 11 | copy of the applicant's electronic signature and a | ||||||
| 12 | certification from the State Board of Elections that the | ||||||
| 13 | applicant's driver's license or State identification card | ||||||
| 14 | number, driver's license or State identification card date | ||||||
| 15 | of issuance, and date of birth and social security | ||||||
| 16 | information have been successfully matched. | ||||||
| 17 | (i) Upon receipt of the online voter registration | ||||||
| 18 | application, the county clerk or board of election | ||||||
| 19 | commissioners having jurisdiction over the applicant's voter | ||||||
| 20 | registration shall promptly search its voter registration | ||||||
| 21 | database to determine whether the applicant is already | ||||||
| 22 | registered to vote at the address on the application and | ||||||
| 23 | whether the new registration would create a duplicate | ||||||
| 24 | registration. If the applicant is already registered to vote at | ||||||
| 25 | the address on the application, the clerk or board, as the case | ||||||
| 26 | may be, shall send the applicant by first class mail, and | ||||||
| |||||||
| |||||||
| 1 | electronic mail if the applicant has provided an electronic | ||||||
| 2 | mail address on the original voter registration form for that | ||||||
| 3 | address, a disposition notice as otherwise required by law | ||||||
| 4 | informing the applicant that he or she is already registered to | ||||||
| 5 | vote at such address. If the applicant is not already | ||||||
| 6 | registered to vote at the address on the application and the | ||||||
| 7 | applicant is otherwise eligible to register to vote, the clerk | ||||||
| 8 | or board, as the case may be, shall: | ||||||
| 9 | (1) enter the name and address of the applicant on the | ||||||
| 10 | list of registered voters in the jurisdiction; and | ||||||
| 11 | (2) send by mail, and electronic mail if the applicant | ||||||
| 12 | has provided an electronic mail address on the voter | ||||||
| 13 | registration form, a disposition notice to the applicant as | ||||||
| 14 | otherwise provided by law setting forth the applicant's | ||||||
| 15 | name and address as it appears on the application and | ||||||
| 16 | stating that the person is registered to vote. | ||||||
| 17 | (j) An electronic signature of the person submitting a | ||||||
| 18 | duplicate registration application or a change of address form | ||||||
| 19 | that is retrieved and imported from the Secretary of State's | ||||||
| 20 | driver's license or State identification card database as | ||||||
| 21 | provided herein may, in the discretion of the clerk or board, | ||||||
| 22 | be substituted for and replace any existing signature for that | ||||||
| 23 | individual in the voter registration database of the county | ||||||
| 24 | clerk or board of election commissioners. | ||||||
| 25 | (k) Any new registration or change of address submitted | ||||||
| 26 | electronically as provided in this Section shall become | ||||||
| |||||||
| |||||||
| 1 | effective as of the date it is received by the county clerk or | ||||||
| 2 | board of election commissioners having jurisdiction over said | ||||||
| 3 | registration. Disposition notices prescribed in this Section | ||||||
| 4 | shall be sent within 5 business days of receipt of the online | ||||||
| 5 | application or change of address by the county clerk or board | ||||||
| 6 | of election commissioners. | ||||||
| 7 | (l) All provisions of this Code governing voter | ||||||
| 8 | registration and applicable thereto and not inconsistent with | ||||||
| 9 | this Section shall apply to online voter registration under | ||||||
| 10 | this Section. All applications submitted on a website | ||||||
| 11 | maintained by the State Board of Elections shall be deemed | ||||||
| 12 | timely filed if they are submitted no later than 11:59 p.m. on | ||||||
| 13 | the final day for voter registration prior to an election. | ||||||
| 14 | After the registration period for an upcoming election has | ||||||
| 15 | ended and until the 2nd day following such election, the web | ||||||
| 16 | page containing the online voter registration form on the State | ||||||
| 17 | Board of Elections website shall inform users of the procedure | ||||||
| 18 | for grace period voting. | ||||||
| 19 | (m) The State Board of Elections shall maintain a list of | ||||||
| 20 | the name, street address, e-mail address, and likely precinct, | ||||||
| 21 | ward, township, and district numbers, as the case may be, of | ||||||
| 22 | people who apply to vote online through the voter registration | ||||||
| 23 | system and those names and that information shall be stored in | ||||||
| 24 | an electronic format on its website, arranged by county and | ||||||
| 25 | accessible to State and local political committees. | ||||||
| 26 | (n) The Illinois State Board of Elections shall submit a | ||||||
| |||||||
| |||||||
| 1 | report to the General Assembly and the Governor by January 31, | ||||||
| 2 | 2014 detailing the progress made to implement the online voter | ||||||
| 3 | registration system described in this Section. | ||||||
| 4 | (o) The online voter registration system provided for in | ||||||
| 5 | this Section shall be fully operational by July 1, 2014.
| ||||||
| 6 | (Source: P.A. 98-115, eff. 7-29-13; revised 9-4-13.)
| ||||||
| 7 | (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
| ||||||
| 8 | Sec. 4-10.
Except as herein provided, no person shall be | ||||||
| 9 | registered,
unless he applies in person to a registration | ||||||
| 10 | officer, answers such
relevant questions as may be asked of him | ||||||
| 11 | by the registration officer,
and executes the affidavit of | ||||||
| 12 | registration. The registration officer shall
require the | ||||||
| 13 | applicant to furnish two forms of identification, and except in | ||||||
| 14 | the
case of a homeless individual, one of which must include | ||||||
| 15 | his or her residence
address. These forms of identification | ||||||
| 16 | shall include, but not be limited to,
any of the following: | ||||||
| 17 | driver's license, social security card, public aid
| ||||||
| 18 | identification card, utility bill, employee or student | ||||||
| 19 | identification card,
lease or contract for a residence, credit | ||||||
| 20 | card, or a civic, union or professional association membership | ||||||
| 21 | card.
The registration officer shall require a homeless | ||||||
| 22 | individual to furnish
evidence of his or her use of the mailing | ||||||
| 23 | address stated. This use may be
demonstrated by a piece of mail | ||||||
| 24 | addressed to that individual and received at
that address or by | ||||||
| 25 | a statement from a person authorizing use of the mailing
| ||||||
| |||||||
| |||||||
| 1 | address. The registration officer shall require each applicant | ||||||
| 2 | for
registration to read or have read to him the affidavit of | ||||||
| 3 | registration
before permitting him to execute the affidavit.
| ||||||
| 4 | One of the registration officers or a deputy registration | ||||||
| 5 | officer,
county clerk, or clerk in the office of the county | ||||||
| 6 | clerk, shall
administer to all persons who shall personally | ||||||
| 7 | apply to register the
following oath or affirmation:
| ||||||
| 8 | "You do solemnly swear (or affirm) that you will fully and | ||||||
| 9 | truly
answer all such questions as shall be put to you touching | ||||||
| 10 | your name,
place of residence, place of birth, your | ||||||
| 11 | qualifications as an elector
and your right as such to register | ||||||
| 12 | and vote under the laws of the State
of Illinois."
| ||||||
| 13 | The registration officer shall satisfy himself that each | ||||||
| 14 | applicant
for registration is qualified to register before | ||||||
| 15 | registering him. If the
registration officer has reason to | ||||||
| 16 | believe that the applicant is a resident
of a Soldiers' and | ||||||
| 17 | Sailors' Home or any facility which is licensed or certified
| ||||||
| 18 | pursuant to the Nursing Home Care Act, the Specialized Mental | ||||||
| 19 | Health Rehabilitation Act of 2013, or the ID/DD Community Care | ||||||
| 20 | Act, the following question shall be put,
"When you entered the | ||||||
| 21 | home which is your present address, was it your bona
fide | ||||||
| 22 | intention to become a resident thereof?" Any voter of a | ||||||
| 23 | township, city,
village or incorporated town in which such | ||||||
| 24 | applicant resides, shall be
permitted to be present at the | ||||||
| 25 | place of any precinct registration and shall
have the right to | ||||||
| 26 | challenge any applicant who applies to be registered.
| ||||||
| |||||||
| |||||||
| 1 | In case the officer is not satisfied that the applicant is | ||||||
| 2 | qualified
he shall forthwith notify such applicant in writing | ||||||
| 3 | to appear before the
county clerk to complete his registration. | ||||||
| 4 | Upon the card of such
applicant shall be written the word | ||||||
| 5 | "incomplete" and no such applicant
shall be permitted to vote | ||||||
| 6 | unless such registration is satisfactorily
completed as | ||||||
| 7 | hereinafter provided. No registration shall be taken and
marked | ||||||
| 8 | as incomplete if information to complete it can be furnished on
| ||||||
| 9 | the date of the original application.
| ||||||
| 10 | Any person claiming to be an elector in any election | ||||||
| 11 | precinct and
whose registration card is marked "Incomplete" may | ||||||
| 12 | make and sign an
application in writing, under oath, to the | ||||||
| 13 | county clerk in substance in
the following form:
| ||||||
| 14 | "I do solemnly swear that I, ...., did on (insert date) | ||||||
| 15 | make
application to the board of registry of the .... precinct | ||||||
| 16 | of the township of
.... (or to the county clerk of .... county) | ||||||
| 17 | and that said board or clerk
refused to complete my | ||||||
| 18 | registration as a qualified voter in said
precinct. That I | ||||||
| 19 | reside in said precinct, that I intend to reside in said
| ||||||
| 20 | precinct, and am a duly qualified voter of said precinct and am | ||||||
| 21 | entitled to be
registered to vote in said precinct at the next | ||||||
| 22 | election.
| ||||||
| 23 | (Signature of applicant) ............................."
| ||||||
| 24 | All such applications shall be presented to the county | ||||||
| 25 | clerk or to
his duly authorized representative by the | ||||||
| |||||||
| |||||||
| 1 | applicant, in person between
the hours of 9:00 a.m. and 5:00 | ||||||
| 2 | p.m. on any day after the days on
which the 1969 and 1970 | ||||||
| 3 | precinct re-registrations are held but not on
any day within 27 | ||||||
| 4 | days preceding the ensuing general election and
thereafter for | ||||||
| 5 | the registration provided in Section 4-7 all such
applications | ||||||
| 6 | shall be presented to the county clerk or his duly
authorized | ||||||
| 7 | representative by the applicant in person between the hours
of | ||||||
| 8 | 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding | ||||||
| 9 | the
ensuing general election. Such application shall be heard | ||||||
| 10 | by the county
clerk or his duly authorized representative at | ||||||
| 11 | the time the application
is presented. If the applicant for | ||||||
| 12 | registration has registered with the
county clerk, such | ||||||
| 13 | application may be presented to and heard by the
county clerk | ||||||
| 14 | or by his duly authorized representative upon the dates
| ||||||
| 15 | specified above or at any time prior thereto designated by the | ||||||
| 16 | county clerk.
| ||||||
| 17 | Any otherwise qualified person who is absent from his | ||||||
| 18 | county of
residence either due to business of the United States | ||||||
| 19 | or because he is
temporarily outside the territorial limits of | ||||||
| 20 | the United States may
become registered by mailing an | ||||||
| 21 | application to the county clerk within
the periods of | ||||||
| 22 | registration provided for in this Article, or by simultaneous
| ||||||
| 23 | application for absentee registration and absentee ballot as | ||||||
| 24 | provided in
Article 20 of this Code.
| ||||||
| 25 | Upon receipt of such application the county clerk shall | ||||||
| 26 | immediately
mail an affidavit of registration in duplicate, | ||||||
| |||||||
| |||||||
| 1 | which affidavit shall
contain the following and such other | ||||||
| 2 | information as the State Board of
Elections may think it proper | ||||||
| 3 | to require for the identification of the
applicant:
| ||||||
| 4 | Name. The name of the applicant, giving surname and first | ||||||
| 5 | or
Christian name in full, and the middle name or the initial | ||||||
| 6 | for such
middle name, if any.
| ||||||
| 7 | Sex.
| ||||||
| 8 | Residence. The name and number of the street, avenue or | ||||||
| 9 | other
location of the dwelling, and such additional clear and | ||||||
| 10 | definite
description as may be necessary to determine the exact | ||||||
| 11 | location of the
dwelling of the applicant. Where the location | ||||||
| 12 | cannot be determined by
street and number, then the Section, | ||||||
| 13 | congressional township and range
number may be used, or such | ||||||
| 14 | other information as may be necessary,
including post office | ||||||
| 15 | mailing address.
| ||||||
| 16 | Electronic mail address, if the registrant has provided | ||||||
| 17 | this information. | ||||||
| 18 | Term of residence in the State of Illinois and the | ||||||
| 19 | precinct.
| ||||||
| 20 | Nativity. The State or country in which the applicant was | ||||||
| 21 | born.
| ||||||
| 22 | Citizenship. Whether the applicant is native born or | ||||||
| 23 | naturalized. If
naturalized, the court, place and date of | ||||||
| 24 | naturalization.
| ||||||
| 25 | Age. Date of birth, by month, day and year.
| ||||||
| 26 | Out of State address of ..........................
| ||||||
| |||||||
| |||||||
| 1 | AFFIDAVIT OF REGISTRATION
| ||||||
| 2 | State of ...........)
| ||||||
| 3 | )ss
| ||||||
| 4 | County of ..........)
| ||||||
| 5 | I hereby swear (or affirm) that I am a citizen of the | ||||||
| 6 | United States;
that on the day of the next election I shall | ||||||
| 7 | have resided in the State
of Illinois and in the election | ||||||
| 8 | precinct 30 days; that I am
fully qualified to vote, that I am | ||||||
| 9 | not registered to vote anywhere else
in the United States, that | ||||||
| 10 | I intend to remain a resident of the State of
Illinois and of | ||||||
| 11 | the election precinct, that I intend to return to the State
of | ||||||
| 12 | Illinois, and that the above statements are true.
| ||||||
| 13 | ..............................
| ||||||
| 14 | (His or her signature or mark)
| ||||||
| 15 | Subscribed and sworn to before me, an officer qualified to | ||||||
| 16 | administer
oaths, on (insert date).
| ||||||
| 17 | ........................................
| ||||||
| 18 | Signature of officer administering oath.
| ||||||
| 19 | Upon receipt of the executed duplicate affidavit of | ||||||
| 20 | Registration, the
county clerk shall transfer the information | ||||||
| 21 | contained thereon to
duplicate Registration Cards provided for | ||||||
| 22 | in Section 4-8 of this Article
and shall attach thereto a copy | ||||||
| 23 | of each of the duplicate affidavit of
registration and | ||||||
| 24 | thereafter such registration card and affidavit shall
| ||||||
| 25 | constitute the registration of such person the same as if he | ||||||
| 26 | had applied
for registration in person.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 2 | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; | ||||||
| 3 | revised 8-9-13.)
| ||||||
| 4 | (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
| ||||||
| 5 | Sec. 5-9.
Except as herein provided, no person shall be | ||||||
| 6 | registered
unless he applies in person to registration officer, | ||||||
| 7 | answers such
relevant questions as may be asked of him by the | ||||||
| 8 | registration officer,
and executes the affidavit of | ||||||
| 9 | registration. The registration officer shall
require the | ||||||
| 10 | applicant to furnish two forms of identification, and except in | ||||||
| 11 | the
case of a homeless individual, one of which must include | ||||||
| 12 | his or her residence
address. These forms of identification | ||||||
| 13 | shall include, but not be limited to,
any of the following: | ||||||
| 14 | driver's license, social security card, public aid
| ||||||
| 15 | identification card, utility bill, employee or student | ||||||
| 16 | identification card,
lease or contract for a residence, credit | ||||||
| 17 | card, or a civic, union or professional association membership | ||||||
| 18 | card.
The registration officer shall require a homeless | ||||||
| 19 | individual to furnish
evidence of his or her use of the mailing | ||||||
| 20 | address stated. This use may be
demonstrated by a piece of mail | ||||||
| 21 | addressed to that individual and received at
that address or by | ||||||
| 22 | a statement from a person authorizing use of the mailing
| ||||||
| 23 | address. The registration officer shall require each applicant | ||||||
| 24 | for registration
to read or have read to him the affidavit of | ||||||
| 25 | registration before permitting him
to execute the affidavit.
| ||||||
| |||||||
| |||||||
| 1 | One of the Deputy Registrars, the Judge of Registration, or | ||||||
| 2 | an
Officer of Registration, County Clerk, or clerk in the | ||||||
| 3 | office of the
County Clerk, shall administer to all persons who | ||||||
| 4 | shall personally apply
to register the following oath or | ||||||
| 5 | affirmation:
| ||||||
| 6 | "You do solemnly swear (or affirm) that you will fully and | ||||||
| 7 | truly
answer all such questions as shall be put to you touching | ||||||
| 8 | your place of
residence, name, place of birth, your | ||||||
| 9 | qualifications as an elector and
your right as such to register | ||||||
| 10 | and vote under the laws of the State of
Illinois."
| ||||||
| 11 | The Registration Officer shall satisfy himself that each | ||||||
| 12 | applicant
for registration is qualified to register before | ||||||
| 13 | registering him. If the
registration officer has reason to | ||||||
| 14 | believe that the applicant is a resident
of a Soldiers' and | ||||||
| 15 | Sailors' Home or any facility which is licensed or certified
| ||||||
| 16 | pursuant to the Nursing Home Care Act, the Specialized Mental | ||||||
| 17 | Health Rehabilitation Act of 2013, or the ID/DD Community Care | ||||||
| 18 | Act, the following question shall be put,
"When you entered the | ||||||
| 19 | home which is your present address, was it your bona fide
| ||||||
| 20 | intention to become a resident thereof?" Any voter of a | ||||||
| 21 | township, city,
village or incorporated town in which such | ||||||
| 22 | applicant resides, shall be
permitted to be present at the | ||||||
| 23 | place of precinct registration, and shall have
the right to | ||||||
| 24 | challenge any applicant who applies to be registered.
| ||||||
| 25 | In case the officer is not satisfied that the applicant is | ||||||
| 26 | qualified,
he shall forthwith in writing notify such applicant | ||||||
| |||||||
| |||||||
| 1 | to appear before the
County Clerk to furnish further proof of | ||||||
| 2 | his qualifications. Upon the
card of such applicant shall be | ||||||
| 3 | written the word "Incomplete" and no
such applicant shall be | ||||||
| 4 | permitted to vote unless such registration is
satisfactorily | ||||||
| 5 | completed as hereinafter provided. No registration shall
be | ||||||
| 6 | taken and marked as "incomplete" if information to complete it | ||||||
| 7 | can be
furnished on the date of the original application.
| ||||||
| 8 | Any person claiming to be an elector in any election | ||||||
| 9 | precinct in such
township, city, village or incorporated town | ||||||
| 10 | and whose registration is
marked "Incomplete" may make and sign | ||||||
| 11 | an application in writing, under
oath, to the County Clerk in | ||||||
| 12 | substance in the following form:
| ||||||
| 13 | "I do solemnly swear that I, .........., did on (insert | ||||||
| 14 | date) make application to the Board of Registry of the ........
| ||||||
| 15 | precinct of ........ ward of the City of .... or of the | ||||||
| 16 | ......... District
......... Town of .......... (or to the | ||||||
| 17 | County Clerk of .............) and
............ County; that | ||||||
| 18 | said Board or Clerk refused to complete my
registration as a | ||||||
| 19 | qualified voter in said precinct, that I reside in said
| ||||||
| 20 | precinct (or that I intend to reside in said precinct), am a | ||||||
| 21 | duly qualified
voter and entitled to vote in said precinct at | ||||||
| 22 | the next election.
| ||||||
| 23 | ...........................
| ||||||
| 24 | (Signature of Applicant)"
| ||||||
| 25 | All such applications shall be presented to the County | ||||||
| 26 | Clerk by the
applicant, in person between the hours of nine | ||||||
| |||||||
| |||||||
| 1 | o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of | ||||||
| 2 | the third week subsequent to
the weeks in which the 1961 and | ||||||
| 3 | 1962 precinct re-registrations are to be
held, and thereafter | ||||||
| 4 | for the registration provided in Section 5-17 of
this Article, | ||||||
| 5 | all such applications shall be presented to the County
Clerk by | ||||||
| 6 | the applicant in person between the hours of nine o'clock a.m.
| ||||||
| 7 | and nine o'clock p.m. on Monday and Tuesday of the third week
| ||||||
| 8 | prior to the date on which such election is to be held.
| ||||||
| 9 | Any otherwise qualified person who is absent from his | ||||||
| 10 | county of
residence either due to business of the United States | ||||||
| 11 | or because he is
temporarily outside the territorial limits of | ||||||
| 12 | the United States may
become registered by mailing an | ||||||
| 13 | application to the county clerk within
the periods of | ||||||
| 14 | registration provided for in this Article or by simultaneous
| ||||||
| 15 | application for absentee registration and absentee ballot as | ||||||
| 16 | provided in
Article 20 of this Code.
| ||||||
| 17 | Upon receipt of such application the county clerk shall | ||||||
| 18 | immediately
mail an affidavit of registration in duplicate, | ||||||
| 19 | which affidavit shall
contain the following and such other | ||||||
| 20 | information as the State Board of
Elections may think it proper | ||||||
| 21 | to require for the identification of the
applicant:
| ||||||
| 22 | Name. The name of the applicant, giving surname and first | ||||||
| 23 | or
Christian name in full, and the middle name or the initial | ||||||
| 24 | for such
middle name, if any.
| ||||||
| 25 | Sex.
| ||||||
| 26 | Residence. The name and number of the street, avenue or | ||||||
| |||||||
| |||||||
| 1 | other
location of the dwelling, and such additional clear and | ||||||
| 2 | definite
description as may be necessary to determine the exact | ||||||
| 3 | location of the
dwelling of the applicant. Where the location | ||||||
| 4 | cannot be determined by
street and number, then the Section, | ||||||
| 5 | congressional township and range
number may be used, or such | ||||||
| 6 | other information as may be necessary,
including post office | ||||||
| 7 | mailing address.
| ||||||
| 8 | Electronic mail address, if the registrant has provided | ||||||
| 9 | this information. | ||||||
| 10 | Term of residence in the State of Illinois and the | ||||||
| 11 | precinct.
| ||||||
| 12 | Nativity. The State or country in which the applicant was | ||||||
| 13 | born.
| ||||||
| 14 | Citizenship. Whether the applicant is native born or | ||||||
| 15 | naturalized. If
naturalized, the court, place and date of | ||||||
| 16 | naturalization.
| ||||||
| 17 | Age. Date of birth, by month, day and year.
| ||||||
| 18 | Out of State address of ..........................
| ||||||
| 19 | AFFIDAVIT OF REGISTRATION
| ||||||
| 20 | State of .........)
| ||||||
| 21 | )ss
| ||||||
| 22 | County of ........)
| ||||||
| 23 | I hereby swear (or affirm) that I am a citizen of the | ||||||
| 24 | United States;
that on the day of the next election I shall | ||||||
| 25 | have resided in the State
of Illinois for 6 months and in the | ||||||
| 26 | election precinct 30 days; that I am
fully qualified to vote, | ||||||
| |||||||
| |||||||
| 1 | that I am not registered to vote anywhere else
in the United | ||||||
| 2 | States, that I intend to remain a resident of the State of
| ||||||
| 3 | Illinois and of the election precinct, that I intend to return | ||||||
| 4 | to the State
of Illinois, and that the above statements are | ||||||
| 5 | true.
| ||||||
| 6 | ..............................
| ||||||
| 7 | (His or her signature or mark)
| ||||||
| 8 | Subscribed and sworn to before me, an officer qualified to | ||||||
| 9 | administer
oaths, on (insert date).
| ||||||
| 10 | ........................................
| ||||||
| 11 | Signature of officer administering oath.
| ||||||
| 12 | Upon receipt of the executed duplicate affidavit of | ||||||
| 13 | Registration, the
county clerk shall transfer the information | ||||||
| 14 | contained thereon to
duplicate Registration Cards provided for | ||||||
| 15 | in Section 5-7 of this Article
and shall attach thereto a copy | ||||||
| 16 | of each of the duplicate affidavit of
registration and | ||||||
| 17 | thereafter such registration card and affidavit shall
| ||||||
| 18 | constitute the registration of such person the same as if he | ||||||
| 19 | had applied
for registration in person.
| ||||||
| 20 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 21 | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; | ||||||
| 22 | revised 8-9-13.)
| ||||||
| 23 | (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
| ||||||
| 24 | Sec. 10-4. Form of petition for nomination. All petitions | ||||||
| |||||||
| |||||||
| 1 | for nomination
under this Article 10 for
candidates for public | ||||||
| 2 | office in this State, shall in addition to other
requirements | ||||||
| 3 | provided by law, be as follows: Such petitions shall
consist of | ||||||
| 4 | sheets of uniform size and each sheet shall contain, above
the | ||||||
| 5 | space for signature, an appropriate heading, giving the | ||||||
| 6 | information
as to name of candidate or candidates in whose | ||||||
| 7 | behalf such petition is
signed; the office; the party; place of | ||||||
| 8 | residence; and such other
information or wording as required to | ||||||
| 9 | make same valid, and the heading
of each sheet shall be the | ||||||
| 10 | same. Such petition shall be signed by the
qualified voters in | ||||||
| 11 | their own proper persons only, and opposite the
signature of | ||||||
| 12 | each signer his residence address shall be written or
printed. | ||||||
| 13 | The residence address required to be written or printed
| ||||||
| 14 | opposite each qualified primary elector's name shall include | ||||||
| 15 | the street
address or rural route number of the signer, as the | ||||||
| 16 | case may be, as well as
the signer's county, and city, village | ||||||
| 17 | or town, and state. However,
the county or city, village or
| ||||||
| 18 | town, and state of residence of such electors may be printed on | ||||||
| 19 | the
petition forms where all of the such electors signing the | ||||||
| 20 | petition
reside in the same county or city, village or town, | ||||||
| 21 | and state. Standard
abbreviations may be used in writing the | ||||||
| 22 | residence address, including
street number, if any. No | ||||||
| 23 | signature shall be valid or be counted in
considering the | ||||||
| 24 | validity or sufficiency of such petition unless the
| ||||||
| 25 | requirements of this Section are complied with. At the bottom | ||||||
| 26 | of each
sheet of such petition shall be added a circulator's | ||||||
| |||||||
| |||||||
| 1 | statement, signed by a
person 18
years of age or older who is a | ||||||
| 2 | citizen of the United States; stating the street address or | ||||||
| 3 | rural route
number, as the case may be, as well as the county,
| ||||||
| 4 | city,
village or town, and state; certifying that the | ||||||
| 5 | signatures on that sheet of
the petition
were signed in his or | ||||||
| 6 | her presence; certifying that the signatures are
genuine;
and | ||||||
| 7 | either (1) indicating the dates on which that sheet was | ||||||
| 8 | circulated, or (2)
indicating the first and last dates on which | ||||||
| 9 | the sheet was circulated, or (3)
certifying that none of the | ||||||
| 10 | signatures on the sheet were signed more than 90
days preceding | ||||||
| 11 | the last day for the filing of the petition; and
certifying
| ||||||
| 12 | that to the best of his knowledge and belief the persons so | ||||||
| 13 | signing were at the
time of signing the petition duly | ||||||
| 14 | registered voters under Articles 4, 5 or 6 of
the Code of the | ||||||
| 15 | political subdivision or district for which the candidate or
| ||||||
| 16 | candidates shall be nominated, and certifying that their | ||||||
| 17 | respective residences
are correctly stated therein. Such | ||||||
| 18 | statement shall be sworn to before some
officer authorized to | ||||||
| 19 | administer oaths in this State. No petition sheet shall
be | ||||||
| 20 | circulated more than 90 days preceding the last day provided in | ||||||
| 21 | Section 10-6
for the filing of such petition. Such sheets, | ||||||
| 22 | before being presented to the
electoral board or filed with the | ||||||
| 23 | proper officer of the electoral district or
division of the | ||||||
| 24 | state or municipality, as the case may be, shall be neatly
| ||||||
| 25 | fastened together in book form, by placing the sheets in a pile | ||||||
| 26 | and fastening
them together at one edge in a secure and | ||||||
| |||||||
| |||||||
| 1 | suitable manner, and the sheets shall
then be numbered | ||||||
| 2 | consecutively. The sheets shall not be fastened by pasting
them | ||||||
| 3 | together end to end, so as to form a continuous strip or roll. | ||||||
| 4 | All
petition sheets which are filed with the proper local | ||||||
| 5 | election officials,
election authorities or the State Board of | ||||||
| 6 | Elections shall be the original
sheets which have been signed | ||||||
| 7 | by the voters and by the circulator, and not
photocopies or | ||||||
| 8 | duplicates of such sheets. A petition, when presented or
filed, | ||||||
| 9 | shall not be withdrawn, altered, or added to, and no signature | ||||||
| 10 | shall be
revoked except by revocation in writing presented or | ||||||
| 11 | filed with the officers or
officer with whom the petition is | ||||||
| 12 | required to be presented or filed, and before
the presentment | ||||||
| 13 | or filing of such petition. Whoever forges any name of a
signer | ||||||
| 14 | upon any petition shall be deemed guilty of a forgery, and on | ||||||
| 15 | conviction
thereof, shall be punished accordingly. The word | ||||||
| 16 | "petition" or "petition for
nomination", as used herein, shall | ||||||
| 17 | mean what is sometimes known as nomination
papers, in | ||||||
| 18 | distinction to what is known as a certificate of nomination. | ||||||
| 19 | The
words "political division for which the candidate is | ||||||
| 20 | nominated", or its
equivalent, shall mean the largest political | ||||||
| 21 | division in which all qualified
voters may vote upon such | ||||||
| 22 | candidate or candidates, as the state in the case of
state | ||||||
| 23 | officers; the township in the case of township officers et | ||||||
| 24 | cetera.
Provided, further, that no person shall circulate or | ||||||
| 25 | certify petitions for
candidates of more than one political | ||||||
| 26 | party, or for an independent candidate or
candidates in | ||||||
| |||||||
| |||||||
| 1 | addition to one political party, to be voted upon at the next
| ||||||
| 2 | primary or general election, or for such candidates and parties | ||||||
| 3 | with respect to
the same political subdivision at the next | ||||||
| 4 | consolidated election.
| ||||||
| 5 | (Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01; | ||||||
| 6 | revised 9-4-13.)
| ||||||
| 7 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| ||||||
| 8 | Sec. 19-4. Mailing or delivery of ballots; time. ballots - | ||||||
| 9 | Time.) Immediately upon
the receipt of such application either | ||||||
| 10 | by mail or electronic means, not more than 40 days
nor less | ||||||
| 11 | than 5 days prior to such election, or by personal delivery not
| ||||||
| 12 | more than 40 days nor less than one day prior to such election, | ||||||
| 13 | at the
office of such election authority, it shall be the duty | ||||||
| 14 | of such election
authority to examine the records to ascertain | ||||||
| 15 | whether or not such
applicant is lawfully entitled to vote as
| ||||||
| 16 | requested, including a verification of the applicant's | ||||||
| 17 | signature by comparison with the signature on the official | ||||||
| 18 | registration record card, and if found so to be entitled to | ||||||
| 19 | vote, to post within one business day thereafter
the name, | ||||||
| 20 | street address,
ward and precinct number or township and | ||||||
| 21 | district number, as the case may be,
of such applicant given on | ||||||
| 22 | a list, the pages of which are to be numbered
consecutively to | ||||||
| 23 | be kept by such election authority for such purpose in a
| ||||||
| 24 | conspicuous, open and public place accessible to the public at | ||||||
| 25 | the entrance of
the office of such election authority, and in | ||||||
| |||||||
| |||||||
| 1 | such a manner that such list may
be viewed without necessity of | ||||||
| 2 | requesting permission therefor. Within one
day after posting | ||||||
| 3 | the name and other information of an applicant for
an absentee | ||||||
| 4 | ballot, the election authority shall transmit by electronic | ||||||
| 5 | means pursuant to a process established by the State Board of | ||||||
| 6 | Elections that name and other
posted information to the State | ||||||
| 7 | Board of Elections, which shall maintain those
names and other | ||||||
| 8 | information in an electronic format on its website, arranged by
| ||||||
| 9 | county and accessible to State and local political committees. | ||||||
| 10 | Within 2
business days after posting a name and other | ||||||
| 11 | information on the list within
its
office, the election | ||||||
| 12 | authority shall mail,
postage prepaid, or deliver in person in | ||||||
| 13 | such office an official ballot
or ballots if more than one are | ||||||
| 14 | to be voted at said election. Mail delivery
of Temporarily | ||||||
| 15 | Absent Student ballot applications pursuant to Section
19-12.3 | ||||||
| 16 | shall be by nonforwardable mail. However,
for the consolidated | ||||||
| 17 | election, absentee ballots for certain precincts may
be | ||||||
| 18 | delivered to applicants not less than 25 days before the | ||||||
| 19 | election if
so much time is required to have prepared and | ||||||
| 20 | printed the ballots containing
the names of persons nominated | ||||||
| 21 | for offices at the consolidated primary.
The election authority | ||||||
| 22 | shall enclose with each absentee ballot or
application written | ||||||
| 23 | instructions on how voting assistance shall be provided
| ||||||
| 24 | pursuant to Section 17-14 and a document, written and approved | ||||||
| 25 | by the State
Board of Elections,
enumerating
the circumstances | ||||||
| 26 | under which a person is authorized to vote by absentee
ballot | ||||||
| |||||||
| |||||||
| 1 | pursuant to this Article; such document shall also include a
| ||||||
| 2 | statement informing the applicant that if he or she falsifies | ||||||
| 3 | or is
solicited by another to falsify his or her
eligibility to | ||||||
| 4 | cast an absentee ballot, such applicant or other is subject
to
| ||||||
| 5 | penalties pursuant to Section 29-10 and Section 29-20 of the | ||||||
| 6 | Election Code.
Each election authority shall maintain a list of | ||||||
| 7 | the name, street address,
ward and
precinct, or township and | ||||||
| 8 | district number, as the case may be, of all
applicants who have | ||||||
| 9 | returned absentee ballots to such authority, and the name of | ||||||
| 10 | such absent voter shall be added to such list
within one | ||||||
| 11 | business day from receipt of such ballot.
If the absentee | ||||||
| 12 | ballot envelope indicates that the voter was assisted in
| ||||||
| 13 | casting the ballot, the name of the person so assisting shall | ||||||
| 14 | be included on
the list. The list, the pages of which are to be | ||||||
| 15 | numbered consecutively,
shall be kept by each election | ||||||
| 16 | authority in a conspicuous, open, and public
place accessible | ||||||
| 17 | to the public at the entrance of the office of the election
| ||||||
| 18 | authority and in a manner that the list may be viewed without | ||||||
| 19 | necessity of
requesting permission for viewing.
| ||||||
| 20 | Each election authority shall maintain a list for each | ||||||
| 21 | election
of the
voters to whom it has issued absentee ballots. | ||||||
| 22 | The list shall be
maintained for each precinct within the | ||||||
| 23 | jurisdiction of the election
authority. Prior to the opening of | ||||||
| 24 | the polls on election day, the
election authority shall deliver | ||||||
| 25 | to the judges of election in each
precinct the list of | ||||||
| 26 | registered voters in that precinct to whom absentee
ballots | ||||||
| |||||||
| |||||||
| 1 | have been issued by mail.
| ||||||
| 2 | Each election authority shall maintain a list for each | ||||||
| 3 | election of
voters to whom it has issued temporarily absent | ||||||
| 4 | student ballots. The list
shall be maintained for each election | ||||||
| 5 | jurisdiction within which such voters
temporarily abide. | ||||||
| 6 | Immediately after the close of the period during which
| ||||||
| 7 | application may be made by mail or electronic means for | ||||||
| 8 | absentee ballots, each election
authority shall mail to each | ||||||
| 9 | other election authority within the State a
certified list of | ||||||
| 10 | all such voters temporarily abiding within the
jurisdiction of | ||||||
| 11 | the other election authority.
| ||||||
| 12 | In the event that the return address of an
application for | ||||||
| 13 | ballot by a physically incapacitated elector
is that of a | ||||||
| 14 | facility licensed or certified under the Nursing Home Care
Act, | ||||||
| 15 | the Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
| 16 | the ID/DD Community Care Act, within the jurisdiction of the | ||||||
| 17 | election authority, and the applicant
is a registered voter in | ||||||
| 18 | the precinct in which such facility is located,
the ballots | ||||||
| 19 | shall be prepared and transmitted to a responsible judge of
| ||||||
| 20 | election no later than 9 a.m. on the Saturday, Sunday or Monday | ||||||
| 21 | immediately
preceding the election as designated by the | ||||||
| 22 | election authority under
Section 19-12.2. Such judge shall | ||||||
| 23 | deliver in person on the designated day
the ballot to the | ||||||
| 24 | applicant on the premises of the facility from which
| ||||||
| 25 | application was made. The election authority shall by mail | ||||||
| 26 | notify the
applicant in such facility that the ballot will be | ||||||
| |||||||
| |||||||
| 1 | delivered by a judge of
election on the designated day.
| ||||||
| 2 | All applications for absentee ballots shall be available at | ||||||
| 3 | the office
of the election authority for public inspection upon | ||||||
| 4 | request from the
time of receipt thereof by the election | ||||||
| 5 | authority until 30 days after the
election, except during the | ||||||
| 6 | time such applications are kept in the
office of the election | ||||||
| 7 | authority pursuant to Section 19-7, and except during
the time | ||||||
| 8 | such applications are in the possession of the judges of | ||||||
| 9 | election.
| ||||||
| 10 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 11 | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | ||||||
| 12 | revised 8-9-13.)
| ||||||
| 13 | (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
| ||||||
| 14 | Sec. 24A-15.1. Except as herein provided, discovery | ||||||
| 15 | recounts and election
contests shall be conducted as otherwise | ||||||
| 16 | provided for in "The Election Code",
as amended. The automatic | ||||||
| 17 | tabulating equipment shall be tested prior to the
discovery | ||||||
| 18 | recount or election contest as provided in Section 24A-9, and
| ||||||
| 19 | then the official ballots or ballot cards shall be recounted on | ||||||
| 20 | the
automatic tabulating equipment. In addition, (1) the ballot | ||||||
| 21 | or ballot cards
shall be checked for the presence or absence of | ||||||
| 22 | judges' initials and other
distinguishing marks, and (2) the | ||||||
| 23 | ballots marked "Rejected", "Defective",
Objected to",
| ||||||
| 24 | "Absentee Ballot", and "Early Ballot" shall be
examined
to | ||||||
| 25 | determine the
propriety of the such labels, and (3) the | ||||||
| |||||||
| |||||||
| 1 | "Duplicate Absentee Ballots",
"Duplicate Early Ballots",
| ||||||
| 2 | "Duplicate Overvoted Ballots" and "Duplicate
Damaged Ballots" | ||||||
| 3 | shall be
compared with their respective originals to determine | ||||||
| 4 | the correctness of
the duplicates.
| ||||||
| 5 | Any person who has filed a petition for discovery recount | ||||||
| 6 | may request that
a redundant count be conducted in those | ||||||
| 7 | precincts in which the discovery
recount is being conducted. | ||||||
| 8 | The additional costs of such a redundant count
shall be borne | ||||||
| 9 | by the requesting party.
| ||||||
| 10 | The log of the computer operator and all materials retained | ||||||
| 11 | by the election
authority in relation to vote tabulation and | ||||||
| 12 | canvass shall be made available
for any discovery recount or | ||||||
| 13 | election contest.
| ||||||
| 14 | (Source: P.A. 94-645, eff. 8-22-05; revised 9-4-13.)
| ||||||
| 15 | (10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
| ||||||
| 16 | Sec. 24A-16. The State Board of Elections shall approve all | ||||||
| 17 | voting
systems provided by this Article. | ||||||
| 18 | No voting system shall be approved
unless it fulfills the | ||||||
| 19 | following requirements:
| ||||||
| 20 | (1) It enables a voter to vote in absolute secrecy;
| ||||||
| 21 | (2) (Blank);
| ||||||
| 22 | (3) It enables a voter to vote a ticket selected in | ||||||
| 23 | part from the
nominees of one party, and in part from the | ||||||
| 24 | nominees of any or all parties,
and in part from | ||||||
| 25 | independent candidates and in part of candidates whose
| ||||||
| |||||||
| |||||||
| 1 | names are written in by the voter;
| ||||||
| 2 | (4) It enables a voter to vote a written or printed | ||||||
| 3 | ticket of his own
selection for any person for any office | ||||||
| 4 | for whom he may desire to vote;
| ||||||
| 5 | (5) It will reject all votes for an office or upon a | ||||||
| 6 | proposition when
the voter has cast more votes for such | ||||||
| 7 | office or upon such proposition than
he is entitled to | ||||||
| 8 | cast;
| ||||||
| 9 | (5.5) It will identify when a voter has not voted for | ||||||
| 10 | all statewide constitutional offices;
| ||||||
| 11 | (6) It will accommodate all propositions to be | ||||||
| 12 | submitted to the voters
in the form provided by law or, | ||||||
| 13 | where no such form is provided, then in
brief form, not to | ||||||
| 14 | exceed 75 words; .
| ||||||
| 15 | (7) It will accommodate the tabulation programming | ||||||
| 16 | requirements of Sections 24A-6.2, 24B-6.2, and 24C-6.2. | ||||||
| 17 | The State Board of Elections shall not approve any voting | ||||||
| 18 | equipment or system that includes an external Infrared Data | ||||||
| 19 | Association (IrDA) communications port.
| ||||||
| 20 | The State Board of Elections is authorized to withdraw its | ||||||
| 21 | approval of a
voting system if the system fails to fulfill the | ||||||
| 22 | above requirements.
| ||||||
| 23 | The vendor, person, or other private entity shall be solely | ||||||
| 24 | responsible for the production and cost of: all application | ||||||
| 25 | fees; all ballots; additional temporary workers; and other | ||||||
| 26 | equipment or facilities needed and used in the testing of the | ||||||
| |||||||
| |||||||
| 1 | vendor's, person's, or other private entity's respective | ||||||
| 2 | equipment and software.
| ||||||
| 3 | Any voting system vendor, person, or other private entity | ||||||
| 4 | seeking the State Board of Elections' approval of a voting | ||||||
| 5 | system shall, as part of the approval application, submit to | ||||||
| 6 | the State Board a non-refundable fee. The State Board of | ||||||
| 7 | Elections by rule shall establish an appropriate fee structure, | ||||||
| 8 | taking into account the type of voting system approval that is | ||||||
| 9 | requested (such as approval of a new system, a modification of | ||||||
| 10 | an existing system, the size of the modification, etc.). No | ||||||
| 11 | voting system or modification of a voting system shall be | ||||||
| 12 | approved unless the fee is paid.
| ||||||
| 13 | No vendor, person, or other entity may sell, lease, or | ||||||
| 14 | loan, or have a written contract, including a contract | ||||||
| 15 | contingent upon State Board approval of the voting system or | ||||||
| 16 | voting system component, to sell, lease, or loan, a voting
| ||||||
| 17 | system or voting system component to any election jurisdiction | ||||||
| 18 | unless the
voting system or voting system component is first | ||||||
| 19 | approved by the State
Board of Elections pursuant to this | ||||||
| 20 | Section.
| ||||||
| 21 | (Source: P.A. 98-115, eff. 7-29-13; revised 9-4-13.)
| ||||||
| 22 | (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
| ||||||
| 23 | Sec. 28-3. Form of petition for public question. Petitions | ||||||
| 24 | for the
submission of public questions shall
consist of sheets | ||||||
| 25 | of uniform size and each sheet shall contain, above
the space | ||||||
| |||||||
| |||||||
| 1 | for signature, an appropriate heading, giving the information
| ||||||
| 2 | as to the question of public policy to be submitted, and | ||||||
| 3 | specifying the
state at large or the political subdivision or | ||||||
| 4 | district or precinct or
combination of precincts or other | ||||||
| 5 | territory in which it is to be submitted and,
where by law the | ||||||
| 6 | public question must be submitted at a particular election,
the | ||||||
| 7 | election at which it is to be submitted. In the case of a | ||||||
| 8 | petition for the
submission of a public question described in | ||||||
| 9 | subsection (b) of Section 28-6,
the heading shall also specify | ||||||
| 10 | the regular election at which the question is to
be submitted | ||||||
| 11 | and include the precincts included in the territory concerning
| ||||||
| 12 | which the public question is to be submitted, as well as a | ||||||
| 13 | common description
of such territory in plain and nonlegal | ||||||
| 14 | language, such description to describe
the territory by | ||||||
| 15 | reference to streets, natural or artificial landmarks,
| ||||||
| 16 | addresses or any other method which would enable a voter | ||||||
| 17 | signing the petition
to be informed of the territory concerning | ||||||
| 18 | which the question is to be
submitted. The heading of each | ||||||
| 19 | sheet shall be the same. Such petition shall be
signed by the | ||||||
| 20 | registered voters of the political subdivision or district or
| ||||||
| 21 | precinct or combination of precincts in which the question of | ||||||
| 22 | public policy is
to be submitted in their own proper persons | ||||||
| 23 | only, and opposite the
signature of each signer his residence | ||||||
| 24 | address shall be written or
printed, which residence address | ||||||
| 25 | shall include the street address or
rural route number of the | ||||||
| 26 | signer, as the case may be, as well as the
signer's county, and | ||||||
| |||||||
| |||||||
| 1 | city, village or town, and state; provided that
the county or | ||||||
| 2 | city, village or
town, and state of residence of such electors | ||||||
| 3 | may be printed on the
petition forms where all of the such | ||||||
| 4 | electors signing the petition
reside in the same county or | ||||||
| 5 | city, village or town, and state. Standard
abbreviations may be | ||||||
| 6 | used in writing the residence address, including
street number, | ||||||
| 7 | if any. No signature shall be valid or be counted in
| ||||||
| 8 | considering the validity or sufficiency of such petition unless | ||||||
| 9 | the
requirements of this Section are complied with.
| ||||||
| 10 | At the bottom of each sheet of such petition shall be added | ||||||
| 11 | a
circulator's statement, signed by a person 18 years of age or | ||||||
| 12 | older who
is a citizen of the United States, stating the street | ||||||
| 13 | address or rural route
number, as the case may be, as well as | ||||||
| 14 | the county,
city,
village or town, and state; certifying that | ||||||
| 15 | the signatures on that sheet of
the
petition were signed in his | ||||||
| 16 | or her presence and are genuine, and that to
the best
of his or | ||||||
| 17 | her knowledge and belief the persons so signing were at the | ||||||
| 18 | time
of
signing the petition registered voters of the political | ||||||
| 19 | subdivision or
district or precinct or combination of precincts | ||||||
| 20 | in which the question of
public policy is to be submitted and | ||||||
| 21 | that their respective residences are
correctly stated therein. | ||||||
| 22 | Such statement shall be sworn to before some
officer authorized | ||||||
| 23 | to administer oaths in this State.
| ||||||
| 24 | Such sheets, before being filed with the proper officer or | ||||||
| 25 | board
shall be bound securely and numbered consecutively. The | ||||||
| 26 | sheets shall not be
fastened by pasting them together end to | ||||||
| |||||||
| |||||||
| 1 | end, so as to form a continuous strip
or roll. All petition | ||||||
| 2 | sheets which are filed with the proper local election
| ||||||
| 3 | officials, election authorities or the State Board of Elections | ||||||
| 4 | shall be the
original sheets which have been signed by the | ||||||
| 5 | voters and by the circulator, and
not photocopies or duplicates | ||||||
| 6 | of such sheets. A petition, when presented or
filed, shall not | ||||||
| 7 | be withdrawn, altered, or added to, and no signature shall be
| ||||||
| 8 | revoked except by revocation in writing presented or filed with | ||||||
| 9 | the board or
officer with whom the petition is required to be | ||||||
| 10 | presented or filed, and before
the presentment or filing of | ||||||
| 11 | such petition, except as may otherwise be provided
in another | ||||||
| 12 | statute which authorize the public question. Whoever forges any | ||||||
| 13 | name
of a signer upon any petition shall be deemed guilty of a | ||||||
| 14 | forgery, and on
conviction thereof, shall be punished | ||||||
| 15 | accordingly.
| ||||||
| 16 | In addition to the foregoing requirements, a petition | ||||||
| 17 | proposing an amendment
to Article IV of the Constitution | ||||||
| 18 | pursuant to Section 3 of Article XIV of
the Constitution or a | ||||||
| 19 | petition proposing a question of public policy to
be submitted | ||||||
| 20 | to the voters of the entire State shall be in conformity with
| ||||||
| 21 | the requirements of Section 28-9 of this Article.
| ||||||
| 22 | If multiple sets of petitions for submission of the same | ||||||
| 23 | public
questions are filed, the State Board of Elections, | ||||||
| 24 | appropriate election
authority or local election official | ||||||
| 25 | where the petitions are filed shall
within 2 business days | ||||||
| 26 | notify the proponent of his or her multiple petition
filings | ||||||
| |||||||
| |||||||
| 1 | and that proponent has 3 business days after receipt of the | ||||||
| 2 | notice
to notify the State Board of Elections, appropriate | ||||||
| 3 | election authority or
local election official that he or she | ||||||
| 4 | may cancel prior sets of petitions.
If the proponent notifies | ||||||
| 5 | the State Board of Elections, appropriate
election authority or | ||||||
| 6 | local election official, the last set of petitions
filed shall | ||||||
| 7 | be the only petitions to be considered valid by the State Board
| ||||||
| 8 | of Elections, appropriate election authority or local election | ||||||
| 9 | official. If the
proponent fails to notify the State Board of | ||||||
| 10 | Elections, appropriate
election authority or local election | ||||||
| 11 | official then only the first set of
petitions filed shall be | ||||||
| 12 | valid and all subsequent petitions shall be void.
| ||||||
| 13 | (Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01; | ||||||
| 14 | revised 9-12-13.)
| ||||||
| 15 | Section 40. The Executive Reorganization Implementation | ||||||
| 16 | Act is amended by changing Section 5 as follows:
| ||||||
| 17 | (15 ILCS 15/5) (from Ch. 127, par. 1805)
| ||||||
| 18 | Sec. 5.
An executive order of the Governor proposing | ||||||
| 19 | reorganization may
not provide for, and a reorganization under | ||||||
| 20 | this Act may not have the effect of:
| ||||||
| 21 | (a) continuing Continuing any function beyond the period | ||||||
| 22 | authorized by law for its
exercise, or beyond the time when it | ||||||
| 23 | would have terminated if the reorganization
had not been made;
| ||||||
| 24 | (b) authorizing Authorizing any agency to exercise any | ||||||
| |||||||
| |||||||
| 1 | function which is not expressly
authorized by law to be | ||||||
| 2 | exercised by an agency in the executive branch when
the | ||||||
| 3 | executive order is transmitted to the General Assembly;
| ||||||
| 4 | (c) increasing Increasing the term of any office beyond | ||||||
| 5 | that provided by law for the office; or
| ||||||
| 6 | (d) eliminating any qualifications of or procedures for | ||||||
| 7 | selecting or appointing
any agency or department head or | ||||||
| 8 | commission or board member; or
| ||||||
| 9 | (e) abolishing Abolishing any agency created by the | ||||||
| 10 | Illinois Constitution, or transferring
to any other agency any | ||||||
| 11 | function conferred by the Illinois Constitution
on an agency | ||||||
| 12 | created by that Constitution.
| ||||||
| 13 | (Source: P.A. 81-984; revised 9-4-13.)
| ||||||
| 14 | Section 45. The Illinois Identification Card Act is amended | ||||||
| 15 | by changing Section 4 as follows:
| ||||||
| 16 | (15 ILCS 335/4) (from Ch. 124, par. 24)
| ||||||
| 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,
or who applies for a standard Illinois Identification | ||||||
| 22 | Card upon release as a
committed person on parole, mandatory | ||||||
| 23 | supervised release, aftercare release, final discharge, or
| ||||||
| 24 | pardon from the Department of Corrections or Department of | ||||||
| |||||||
| |||||||
| 1 | Juvenile Justice by submitting an identification card
issued by | ||||||
| 2 | the Department of Corrections or Department of Juvenile Justice | ||||||
| 3 | under Section 3-14-1 or Section 3-2.5-70 of the Unified
Code of | ||||||
| 4 | Corrections,
together with the prescribed fees. No | ||||||
| 5 | identification card shall be issued to any person who holds a | ||||||
| 6 | valid
foreign state
identification card, license, or permit | ||||||
| 7 | unless the person first surrenders to
the Secretary of
State | ||||||
| 8 | the valid foreign state identification card, license, or | ||||||
| 9 | permit. The card shall be prepared and
supplied by the | ||||||
| 10 | Secretary of State and shall include a photograph and signature | ||||||
| 11 | or mark of the
applicant. However, the Secretary of State may | ||||||
| 12 | provide by rule for the issuance of Illinois Identification | ||||||
| 13 | Cards without photographs if the applicant has a bona fide | ||||||
| 14 | religious objection to being photographed or to the display of | ||||||
| 15 | his or her photograph. The Illinois Identification Card may be | ||||||
| 16 | used for
identification purposes in any lawful situation only | ||||||
| 17 | by the person to
whom it was issued.
As used in this Act, | ||||||
| 18 | "photograph" means any color photograph or digitally
produced | ||||||
| 19 | and captured image of an applicant for an identification card. | ||||||
| 20 | As
used in this Act, "signature" means the name of a person as | ||||||
| 21 | written by that
person and captured in a manner acceptable to | ||||||
| 22 | the Secretary of State. | ||||||
| 23 | (a-5) If an applicant for an identification card has a | ||||||
| 24 | current driver's license or instruction permit issued by the | ||||||
| 25 | Secretary of State, the Secretary may require the applicant to | ||||||
| 26 | utilize the same residence address and name on the | ||||||
| |||||||
| |||||||
| 1 | identification card, driver's license, and instruction permit | ||||||
| 2 | records maintained by the Secretary. The Secretary may | ||||||
| 3 | promulgate rules to implement this provision.
| ||||||
| 4 | (a-10) If the applicant is a judicial officer as defined in | ||||||
| 5 | Section 1-10 of the Judicial Privacy Act or a peace officer, | ||||||
| 6 | the applicant may elect to have his or her office or work | ||||||
| 7 | address listed on the card instead of the applicant's residence | ||||||
| 8 | or mailing address. The Secretary may promulgate rules to | ||||||
| 9 | implement this provision. For the purposes of this subsection | ||||||
| 10 | (a-10), "peace officer" means any person who by virtue of his | ||||||
| 11 | or her office or public employment is vested by law with a duty | ||||||
| 12 | to maintain public order or to make arrests for a violation of | ||||||
| 13 | any penal statute of this State, whether that duty extends to | ||||||
| 14 | all violations or is limited to specific violations. | ||||||
| 15 | (b) The Secretary of State shall issue a special Illinois
| ||||||
| 16 | Identification Card, which shall be known as an Illinois Person | ||||||
| 17 | with a Disability
Identification Card, to any natural person | ||||||
| 18 | who is a resident of the State
of Illinois, who is a person | ||||||
| 19 | with a disability as defined in Section 4A of this Act,
who | ||||||
| 20 | applies for such card, or renewal thereof. No Illinois Person | ||||||
| 21 | with a Disability Identification Card shall be issued to any | ||||||
| 22 | person who
holds a valid
foreign state identification card, | ||||||
| 23 | license, or permit unless the person first
surrenders to the
| ||||||
| 24 | Secretary of State the valid foreign state identification card, | ||||||
| 25 | license, or
permit. The Secretary of State
shall charge no fee | ||||||
| 26 | to issue such card. The card shall be prepared and
supplied by | ||||||
| |||||||
| |||||||
| 1 | the Secretary of State, and shall include a photograph and | ||||||
| 2 | signature or mark of the
applicant, a designation indicating | ||||||
| 3 | that the card is an Illinois
Person with a Disability | ||||||
| 4 | Identification Card, and shall include a comprehensible | ||||||
| 5 | designation
of the type and classification of the applicant's | ||||||
| 6 | disability as set out in
Section 4A of this Act. However, the | ||||||
| 7 | Secretary of State may provide by rule for the issuance of | ||||||
| 8 | Illinois Person with a Disability Identification Cards without | ||||||
| 9 | photographs if the applicant has a bona fide religious | ||||||
| 10 | objection to being photographed or to the display of his or her | ||||||
| 11 | photograph. If the applicant so requests, the card shall
| ||||||
| 12 | include a description of the applicant's disability and any | ||||||
| 13 | information
about the applicant's disability or medical | ||||||
| 14 | history which the Secretary
determines would be helpful to the | ||||||
| 15 | applicant in securing emergency medical
care. If a mark is used | ||||||
| 16 | in lieu of a signature, such mark
shall be affixed to the card | ||||||
| 17 | in the presence of two witnesses who attest to
the authenticity | ||||||
| 18 | of the mark. The Illinois
Person with a Disability | ||||||
| 19 | Identification Card may be used for identification purposes
in | ||||||
| 20 | any lawful 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 who has
been delegated | ||||||
| 25 | the authority to make this determination by his or her
| ||||||
| 26 | supervising physician, a determination of disability from an | ||||||
| |||||||
| |||||||
| 1 | advanced practice
nurse who has a written collaborative | ||||||
| 2 | agreement with a collaborating physician
that
authorizes the | ||||||
| 3 | advanced practice nurse to make this determination, or any
| ||||||
| 4 | other documentation
of disability whenever
any
State law
| ||||||
| 5 | requires that a disabled person provide such documentation of | ||||||
| 6 | disability,
however an Illinois Person with a Disability | ||||||
| 7 | Identification Card shall not qualify
the cardholder to | ||||||
| 8 | participate in any program or to receive any benefit
which is | ||||||
| 9 | not available to all persons with like disabilities.
| ||||||
| 10 | Notwithstanding any other provisions of law, an Illinois Person | ||||||
| 11 | with a Disability
Identification Card, or evidence that the | ||||||
| 12 | Secretary of State has issued an
Illinois Person with a | ||||||
| 13 | Disability Identification Card, shall not be used by any
person | ||||||
| 14 | other than the person named on such card to prove that the | ||||||
| 15 | person
named on such card is a disabled person or for any other | ||||||
| 16 | purpose unless the
card is used for the benefit of the person | ||||||
| 17 | named on such card, and the
person named on such card consents | ||||||
| 18 | to such use at the time the card is so used.
| ||||||
| 19 | An optometrist's determination of a visual disability | ||||||
| 20 | under Section 4A of this Act is acceptable as documentation for | ||||||
| 21 | the purpose of issuing an Illinois Person with a Disability | ||||||
| 22 | Identification Card. | ||||||
| 23 | When medical information is contained on an Illinois Person | ||||||
| 24 | with a Disability
Identification Card, the Office of the | ||||||
| 25 | Secretary of State shall not be
liable for any actions taken | ||||||
| 26 | based upon that medical information.
| ||||||
| |||||||
| |||||||
| 1 | (c) The Secretary of State shall provide
that each original | ||||||
| 2 | or renewal Illinois Identification Card or Illinois
Person with | ||||||
| 3 | a Disability Identification Card issued to a person under the | ||||||
| 4 | age of 21
shall be of a distinct nature from those Illinois | ||||||
| 5 | Identification Cards or
Illinois Person with a Disability | ||||||
| 6 | Identification Cards issued to individuals 21
years of age or | ||||||
| 7 | older. The color designated for Illinois Identification
Cards | ||||||
| 8 | or Illinois Person with a Disability Identification Cards for | ||||||
| 9 | persons under
the age of 21 shall be at the discretion of the | ||||||
| 10 | 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 in | ||||||
| 21 | identifying these veterans and delivering these vital services | ||||||
| 22 | and benefits, the Secretary of State is authorized to issue | ||||||
| 23 | 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 of | ||||||
| 6 | State shall designate a space on each original or renewal | ||||||
| 7 | identification card where, at the request of the applicant, the | ||||||
| 8 | word "veteran" shall be placed. The veteran designation shall | ||||||
| 9 | 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 available | ||||||
| 18 | at, but not limited to, nutrition sites, senior citizen
centers | ||||||
| 19 | and Area Agencies on Aging. The applicant, upon receipt of such
| ||||||
| 20 | card and prior to its use for any purpose, shall have affixed | ||||||
| 21 | thereon in
the space provided therefor his signature or mark.
| ||||||
| 22 | (e) The Secretary of State, in his or her discretion, may | ||||||
| 23 | designate on each Illinois
Identification Card or Illinois | ||||||
| 24 | Person with a Disability Identification Card a space where the | ||||||
| 25 | card holder may place a sticker or decal, issued by the | ||||||
| 26 | Secretary of State, of uniform size as the Secretary may | ||||||
| |||||||
| |||||||
| 1 | specify, that shall indicate in appropriate language that the | ||||||
| 2 | card holder has renewed his or her Illinois
Identification Card | ||||||
| 3 | or Illinois Person with a Disability Identification Card. | ||||||
| 4 | (Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847, | ||||||
| 5 | eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, | ||||||
| 6 | eff. 8-16-13; 98-558, eff. 1-1-14; revised 9-4-13.)
| ||||||
| 7 | Section 50. The State Comptroller Act is amended by | ||||||
| 8 | changing Sections 10 and 10.10 as follows:
| ||||||
| 9 | (15 ILCS 405/10) (from Ch. 15, par. 210)
| ||||||
| 10 | Sec. 10. Warrants; procedure
Warrants-
Procedure. The | ||||||
| 11 | powers and duties of the Comptroller comptroller as respects | ||||||
| 12 | warrants are set
out in the Sections following this Section and | ||||||
| 13 | preceding Section 11 Sections 10.01 through 10.15.
| ||||||
| 14 | (Source: P.A. 77-2807; revised 9-4-13.)
| ||||||
| 15 | (15 ILCS 405/10.10) (from Ch. 15, par. 210.10)
| ||||||
| 16 | Sec. 10.10.
(a) If any Comptroller's warrant is lost, | ||||||
| 17 | mislaid or destroyed,
or becomes void after issuance, so that | ||||||
| 18 | it cannot be presented for payment
by the person entitled | ||||||
| 19 | thereto, the Comptroller, at any time before that
warrant is | ||||||
| 20 | paid by the State Treasurer, but within 5 years of the
date of | ||||||
| 21 | issuance, may issue a replacement warrant to the person | ||||||
| 22 | entitled
thereto. If the original warrant was not cancelled or | ||||||
| 23 | did not become void,
the Comptroller, before issuing the | ||||||
| |||||||
| |||||||
| 1 | replacement warrant, shall issue a stop
payment order on the | ||||||
| 2 | State Treasurer and receive a confirmation of the stop
payment | ||||||
| 3 | order on the original warrant from the State Treasurer.
| ||||||
| 4 | (b) Only the person entitled to the original warrant, or | ||||||
| 5 | his heirs or
legal representatives, or a third party to whom it | ||||||
| 6 | was properly negotiated
or the heirs or legal representatives | ||||||
| 7 | of such party, may request a replacement
warrant. In the case | ||||||
| 8 | of a warrant issued to a payee who dies before the
warrant is | ||||||
| 9 | paid by the State Treasurer and whose estate has been probated
| ||||||
| 10 | pursuant to law, the Comptroller, upon receipt of a certified | ||||||
| 11 | copy of a
judicial order establishing the person or entity | ||||||
| 12 | entitled to payment, may
issue a replacement warrant to such | ||||||
| 13 | person or entity.
| ||||||
| 14 | (c) Within 12 months from the date of issuance of the
| ||||||
| 15 | original warrant, if the original warrant has not been canceled | ||||||
| 16 | for redeposit,
the Comptroller may issue a replacement warrant | ||||||
| 17 | on the original voucher drawing
upon the same fund and charging | ||||||
| 18 | the same appropriation or other expenditure
authorization as | ||||||
| 19 | the original warrant.
| ||||||
| 20 | (d) Within 12 months from the date of issuance of the | ||||||
| 21 | original
warrant, if the original warrant has been canceled for | ||||||
| 22 | redeposit, and if the
issuance of the replacement warrant would | ||||||
| 23 | not over-obligate the appropriation
or other expenditure | ||||||
| 24 | authority against which it is drawn, the Comptroller may
issue | ||||||
| 25 | the replacement warrant. If the original warrant was issued | ||||||
| 26 | against
an appropriation or other expenditure authority which | ||||||
| |||||||
| |||||||
| 1 | has lapsed, the
replacement warrant shall be drawn on the | ||||||
| 2 | Warrant Escheat Fund. If the
appropriation or other | ||||||
| 3 | obligational authority against which the replacement
warrant | ||||||
| 4 | is drawn has not lapsed, the Comptroller shall notify the
| ||||||
| 5 | originating agency of the request for a replacement warrant and | ||||||
| 6 | shall
receive a replacement voucher from that agency before | ||||||
| 7 | drawing the
replacement warrant, which shall be drawn on the | ||||||
| 8 | same fund and charged to
the same appropriation or other | ||||||
| 9 | expenditure authority as the original warrant.
| ||||||
| 10 | (e) Within 12 months from the date of issuance of the | ||||||
| 11 | original
warrant, if the original warrant has been canceled for | ||||||
| 12 | redeposit, the Comptroller
may not issue a replacement warrant | ||||||
| 13 | where such issuance would over-obligate
the appropriation or | ||||||
| 14 | other expenditure authority against which the original
warrant | ||||||
| 15 | was drawn. Whenever the Comptroller is presented with a request
| ||||||
| 16 | for a replacement warrant which may not be issued under the | ||||||
| 17 | limitation of
this subsection, if the appropriation or other | ||||||
| 18 | expenditure authority
against which the original warrant was | ||||||
| 19 | drawn has not lapsed, the Comptroller
shall immediately inform | ||||||
| 20 | the originating agency of the request and that
the request may | ||||||
| 21 | not be honored because of the resulting
over-obligation, and | ||||||
| 22 | shall request the agency to determine whether or not
that | ||||||
| 23 | agency will take some corrective action before the applicable | ||||||
| 24 | expenditure
authorization lapses. The originating agency shall | ||||||
| 25 | respond to the Comptroller's
inquiry within 5 business days.
| ||||||
| 26 | (f) After 12 months from the date of issuance of the
| ||||||
| |||||||
| |||||||
| 1 | original warrant,
if the original warrant has not been | ||||||
| 2 | cancelled for redeposit, the Comptroller
shall issue the | ||||||
| 3 | replacement warrant on the Warrant Escheat Fund.
| ||||||
| 4 | (f-5) After 5 years from the date of issuance of the | ||||||
| 5 | original warrant but no later than 10 years after that date, | ||||||
| 6 | the Comptroller may issue a replacement warrant on the Warrant | ||||||
| 7 | Escheat Fund to a person or entity entitled thereto, as those | ||||||
| 8 | persons and entities are described in subsection (b) of this | ||||||
| 9 | Section, if the following requirements are met: | ||||||
| 10 | (1) the person or entity verifies that the person or | ||||||
| 11 | entity is they are entitled to the original warrant; | ||||||
| 12 | (2) in the case of a warrant that is not presented by | ||||||
| 13 | the requestor, the paying agency certifies that the | ||||||
| 14 | original payee is still entitled to the payment; and | ||||||
| 15 | (3) the Comptroller's records are available and | ||||||
| 16 | confirm that the warrant was not replaced. | ||||||
| 17 | (g) Except as provided in this Section, requests for | ||||||
| 18 | replacement warrants
for more than $500 shall show entitlement | ||||||
| 19 | to such warrant by
including an affidavit, in writing, sworn | ||||||
| 20 | before a person authorized to
administer oaths and | ||||||
| 21 | affirmations, stating the loss or destruction of the
warrant, | ||||||
| 22 | or the
fact that the warrant is void. However, when the written | ||||||
| 23 | request for a
replacement warrant submitted by the person to | ||||||
| 24 | whom the original warrant was
issued is accompanied by the | ||||||
| 25 | original warrant, no affidavit is
required. Requests for | ||||||
| 26 | replacement warrants for $500 or less shall show entitlement to | ||||||
| |||||||
| |||||||
| 1 | such
warrant by submitting a written statement of the loss
or | ||||||
| 2 | destruction of the warrant, or the fact that the warrant is | ||||||
| 3 | void on an
application form prescribed by the Comptroller. If | ||||||
| 4 | the person requesting the
replacement is in possession of the | ||||||
| 5 | original warrant, or any part thereof, the
original warrant or | ||||||
| 6 | the part thereof must accompany the request for
replacement. | ||||||
| 7 | The Comptroller shall then draw such replacement warrant, and | ||||||
| 8 | the
treasurer
shall pay the replacement warrant. If at the time | ||||||
| 9 | of a loss or destruction
a warrant was negotiated to a third | ||||||
| 10 | party, however (which fact shall be
ascertained by the oath of | ||||||
| 11 | the party making the application, or otherwise),
before the | ||||||
| 12 | replacement warrant is drawn
by the Comptroller, the person | ||||||
| 13 | requesting the replacement warrant must give
the Comptroller a | ||||||
| 14 | bond or bonds with sufficient sureties, to be approved
by the | ||||||
| 15 | Comptroller, when required by regulation of the Comptroller, | ||||||
| 16 | payable
to the People of the State of Illinois, for the | ||||||
| 17 | refunding of the
amount, together with all costs and charges, | ||||||
| 18 | should the State afterwards
be compelled to pay the original | ||||||
| 19 | warrant.
| ||||||
| 20 | (Source: P.A. 98-411, eff. 8-16-13; revised 11-14-13.)
| ||||||
| 21 | Section 55. The Illinois Act on the Aging is amended by | ||||||
| 22 | changing Section 4.01 as follows:
| ||||||
| 23 | (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
| ||||||
| 24 | Sec. 4.01. Additional powers and duties of the Department. | ||||||
| |||||||
| |||||||
| 1 | In addition
to powers and duties otherwise provided by law, the | ||||||
| 2 | Department shall have the
following powers and duties:
| ||||||
| 3 | (1) To evaluate all programs, services, and facilities for | ||||||
| 4 | the aged
and for minority senior citizens within the State and | ||||||
| 5 | determine the extent
to which present public or private | ||||||
| 6 | programs, services and facilities meet the
needs of the aged.
| ||||||
| 7 | (2) To coordinate and evaluate all programs, services, and | ||||||
| 8 | facilities
for the Aging and for minority senior citizens | ||||||
| 9 | presently furnished by State
agencies and make appropriate | ||||||
| 10 | recommendations regarding such services, programs
and | ||||||
| 11 | facilities to the Governor and/or the General Assembly.
| ||||||
| 12 | (2-a) To request, receive, and share information | ||||||
| 13 | electronically through the use of data-sharing agreements for | ||||||
| 14 | the purpose of (i) establishing and verifying the initial and | ||||||
| 15 | continuing eligibility of older adults to participate in | ||||||
| 16 | programs administered by the Department; (ii) maximizing | ||||||
| 17 | federal financial participation in State assistance | ||||||
| 18 | expenditures; and (iii) investigating allegations of fraud or | ||||||
| 19 | other abuse of publicly funded benefits. Notwithstanding any | ||||||
| 20 | other law to the contrary, but only for the limited purposes | ||||||
| 21 | identified in the preceding sentence, this paragraph (2-a) | ||||||
| 22 | expressly authorizes the exchanges of income, identification, | ||||||
| 23 | and other pertinent eligibility information by and among the | ||||||
| 24 | Department and the Social Security Administration, the | ||||||
| 25 | Department of Employment Security, the Department of | ||||||
| 26 | Healthcare and Family Services, the Department of Human | ||||||
| |||||||
| |||||||
| 1 | Services, the Department of Revenue, the Secretary of State, | ||||||
| 2 | the U.S. Department of Veterans Affairs, and any other | ||||||
| 3 | governmental entity. The confidentiality of information | ||||||
| 4 | otherwise shall be maintained as required by law. In addition, | ||||||
| 5 | the Department on Aging shall verify employment information at | ||||||
| 6 | the request of a community care provider for the purpose of | ||||||
| 7 | ensuring program integrity under the Community Care Program. | ||||||
| 8 | (3) To function as the sole State agency to develop a | ||||||
| 9 | comprehensive
plan to meet the needs of the State's senior | ||||||
| 10 | citizens and the State's
minority senior citizens.
| ||||||
| 11 | (4) To receive and disburse State and federal funds made | ||||||
| 12 | available
directly to the Department including those funds made | ||||||
| 13 | available under the
Older Americans Act and the Senior | ||||||
| 14 | Community Service Employment Program for
providing services | ||||||
| 15 | for senior citizens and minority senior citizens or for
| ||||||
| 16 | purposes related thereto, and shall develop and administer any | ||||||
| 17 | State Plan
for the Aging required by federal law.
| ||||||
| 18 | (5) To solicit, accept, hold, and administer in behalf of | ||||||
| 19 | the State
any grants or legacies of money, securities, or | ||||||
| 20 | property to the State of
Illinois for services to senior | ||||||
| 21 | citizens and minority senior citizens or
purposes related | ||||||
| 22 | thereto.
| ||||||
| 23 | (6) To provide consultation and assistance to communities, | ||||||
| 24 | area agencies
on aging, and groups developing local services | ||||||
| 25 | for senior citizens and
minority senior citizens.
| ||||||
| 26 | (7) To promote community education regarding the problems | ||||||
| |||||||
| |||||||
| 1 | of senior
citizens and minority senior citizens through | ||||||
| 2 | institutes, publications,
radio, television and the local | ||||||
| 3 | press.
| ||||||
| 4 | (8) To cooperate with agencies of the federal government in | ||||||
| 5 | studies
and conferences designed to examine the needs of senior | ||||||
| 6 | citizens and minority
senior citizens and to prepare programs | ||||||
| 7 | and facilities to meet those needs.
| ||||||
| 8 | (9) To establish and maintain information and referral | ||||||
| 9 | sources
throughout the State when not provided by other | ||||||
| 10 | agencies.
| ||||||
| 11 | (10) To provide the staff support that may reasonably be | ||||||
| 12 | required
by the Council.
| ||||||
| 13 | (11) To make and enforce rules and regulations necessary | ||||||
| 14 | and proper
to the performance of its duties.
| ||||||
| 15 | (12) To establish and fund programs or projects or | ||||||
| 16 | experimental facilities
that are specially designed as | ||||||
| 17 | alternatives to institutional care.
| ||||||
| 18 | (13) To develop a training program to train the counselors | ||||||
| 19 | presently
employed by the Department's aging network to provide | ||||||
| 20 | Medicare
beneficiaries with counseling and advocacy in | ||||||
| 21 | Medicare, private health
insurance, and related health care | ||||||
| 22 | coverage plans. The Department shall
report to the General | ||||||
| 23 | Assembly on the implementation of the training
program on or | ||||||
| 24 | before December 1, 1986.
| ||||||
| 25 | (14) To make a grant to an institution of higher learning | ||||||
| 26 | to study the
feasibility of establishing and implementing an | ||||||
| |||||||
| |||||||
| 1 | affirmative action
employment plan for the recruitment, | ||||||
| 2 | hiring, training and retraining of
persons 60 or more years old | ||||||
| 3 | for jobs for which their employment would not
be precluded by | ||||||
| 4 | law.
| ||||||
| 5 | (15) To present one award annually in each of the | ||||||
| 6 | categories of community
service, education, the performance | ||||||
| 7 | and graphic arts, and the labor force
to outstanding Illinois | ||||||
| 8 | senior citizens and minority senior citizens in
recognition of | ||||||
| 9 | their individual contributions to either community service,
| ||||||
| 10 | education, the performance and graphic arts, or the labor | ||||||
| 11 | force. The awards
shall be presented to 4 senior citizens and | ||||||
| 12 | minority senior citizens
selected from a list of 44 nominees | ||||||
| 13 | compiled annually by
the Department. Nominations shall be | ||||||
| 14 | solicited from senior citizens'
service providers, area | ||||||
| 15 | agencies on aging, senior citizens'
centers, and senior | ||||||
| 16 | citizens' organizations. The Department shall establish a | ||||||
| 17 | central location within
the State to be designated as the | ||||||
| 18 | Senior Illinoisans Hall of Fame for the
public display of all | ||||||
| 19 | the annual awards, or replicas thereof.
| ||||||
| 20 | (16) To establish multipurpose senior centers through area | ||||||
| 21 | agencies on
aging and to fund those new and existing | ||||||
| 22 | multipurpose senior centers
through area agencies on aging, the | ||||||
| 23 | establishment and funding to begin in
such areas of the State | ||||||
| 24 | as the Department shall designate by rule and as
specifically | ||||||
| 25 | appropriated funds become available.
| ||||||
| 26 | (17) To develop the content and format of the | ||||||
| |||||||
| |||||||
| 1 | acknowledgment regarding
non-recourse reverse mortgage loans | ||||||
| 2 | under Section 6.1 of the Illinois
Banking Act; to provide | ||||||
| 3 | independent consumer information on reverse
mortgages and | ||||||
| 4 | alternatives; and to refer consumers to independent
counseling | ||||||
| 5 | services with expertise in reverse mortgages.
| ||||||
| 6 | (18) To develop a pamphlet in English and Spanish which may | ||||||
| 7 | be used by
physicians licensed to practice medicine in all of | ||||||
| 8 | its branches pursuant
to the Medical Practice Act of 1987, | ||||||
| 9 | pharmacists licensed pursuant to the
Pharmacy Practice Act, and | ||||||
| 10 | Illinois residents 65 years of age or
older for the purpose of | ||||||
| 11 | assisting physicians, pharmacists, and patients in
monitoring | ||||||
| 12 | prescriptions provided by various physicians and to aid persons
| ||||||
| 13 | 65 years of age or older in complying with directions for | ||||||
| 14 | proper use of
pharmaceutical prescriptions. The pamphlet may | ||||||
| 15 | provide space for recording
information including but not | ||||||
| 16 | limited to the following:
| ||||||
| 17 | (a) name and telephone number of the patient;
| ||||||
| 18 | (b) name and telephone number of the prescribing | ||||||
| 19 | physician;
| ||||||
| 20 | (c) date of prescription;
| ||||||
| 21 | (d) name of drug prescribed;
| ||||||
| 22 | (e) directions for patient compliance; and
| ||||||
| 23 | (f) name and telephone number of dispensing pharmacy.
| ||||||
| 24 | In developing the pamphlet, the Department shall consult | ||||||
| 25 | with the
Illinois State Medical Society, the Center for | ||||||
| 26 | Minority Health Services,
the Illinois Pharmacists Association | ||||||
| |||||||
| |||||||
| 1 | and
senior citizens organizations. The Department shall | ||||||
| 2 | distribute the
pamphlets to physicians, pharmacists and | ||||||
| 3 | persons 65 years of age or older
or various senior citizen | ||||||
| 4 | organizations throughout the State.
| ||||||
| 5 | (19) To conduct a study of the feasibility of
implementing | ||||||
| 6 | the Senior Companion Program throughout the State.
| ||||||
| 7 | (20) The reimbursement rates paid through the community | ||||||
| 8 | care program
for chore housekeeping services and home care | ||||||
| 9 | aides
shall be the same.
| ||||||
| 10 | (21) From funds appropriated to the Department from the | ||||||
| 11 | Meals on Wheels
Fund, a special fund in the State treasury that | ||||||
| 12 | is hereby created, and in
accordance with State and federal | ||||||
| 13 | guidelines and the intrastate funding
formula, to make grants | ||||||
| 14 | to area agencies on aging, designated by the
Department, for | ||||||
| 15 | the sole purpose of delivering meals to homebound persons 60
| ||||||
| 16 | years of age and older.
| ||||||
| 17 | (22) To distribute, through its area agencies on aging, | ||||||
| 18 | information
alerting seniors on safety issues regarding | ||||||
| 19 | emergency weather
conditions, including extreme heat and cold, | ||||||
| 20 | flooding, tornadoes, electrical
storms, and other severe storm | ||||||
| 21 | weather. The information shall include all
necessary | ||||||
| 22 | instructions for safety and all emergency telephone numbers of
| ||||||
| 23 | organizations that will provide additional information and | ||||||
| 24 | assistance.
| ||||||
| 25 | (23) To develop guidelines for the organization and | ||||||
| 26 | implementation of
Volunteer Services Credit Programs to be | ||||||
| |||||||
| |||||||
| 1 | administered by Area Agencies on
Aging or community based | ||||||
| 2 | senior service organizations. The Department shall
hold public | ||||||
| 3 | hearings on the proposed guidelines for public comment, | ||||||
| 4 | suggestion,
and determination of public interest. The | ||||||
| 5 | guidelines shall be based on the
findings of other states and | ||||||
| 6 | of community organizations in Illinois that are
currently | ||||||
| 7 | operating volunteer services credit programs or demonstration
| ||||||
| 8 | volunteer services credit programs. The Department shall offer | ||||||
| 9 | guidelines for
all aspects of the programs including, but not | ||||||
| 10 | limited to, the following:
| ||||||
| 11 | (a) types of services to be offered by volunteers;
| ||||||
| 12 | (b) types of services to be received upon the | ||||||
| 13 | redemption of service
credits;
| ||||||
| 14 | (c) issues of liability for the volunteers and the | ||||||
| 15 | administering
organizations;
| ||||||
| 16 | (d) methods of tracking service credits earned and | ||||||
| 17 | service credits
redeemed;
| ||||||
| 18 | (e) issues of time limits for redemption of service | ||||||
| 19 | credits;
| ||||||
| 20 | (f) methods of recruitment of volunteers;
| ||||||
| 21 | (g) utilization of community volunteers, community | ||||||
| 22 | service groups, and
other resources for delivering | ||||||
| 23 | services to be received by service credit
program clients;
| ||||||
| 24 | (h) accountability and assurance that services will be | ||||||
| 25 | available to
individuals who have earned service credits; | ||||||
| 26 | and
| ||||||
| |||||||
| |||||||
| 1 | (i) volunteer screening and qualifications.
| ||||||
| 2 | The Department shall submit a written copy of the guidelines to | ||||||
| 3 | the General
Assembly by July 1, 1998.
| ||||||
| 4 | (24) To function as the sole State agency to receive and | ||||||
| 5 | disburse State and federal funds for providing adult protective | ||||||
| 6 | services in a domestic living situation in accordance with the | ||||||
| 7 | Adult Protective Services Act. | ||||||
| 8 | (25) (24) To hold conferences, trainings, and other | ||||||
| 9 | programs for which the Department shall determine by rule a | ||||||
| 10 | reasonable fee to cover related administrative costs. Rules to | ||||||
| 11 | implement the fee authority granted by this paragraph (25) (24) | ||||||
| 12 | must be adopted in accordance with all provisions of the | ||||||
| 13 | Illinois Administrative Procedure Act and all rules and | ||||||
| 14 | procedures of the Joint Committee on Administrative Rules; any | ||||||
| 15 | purported rule not so adopted, for whatever reason, is | ||||||
| 16 | unauthorized. | ||||||
| 17 | (Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380, | ||||||
| 18 | eff. 8-16-13; revised 9-4-13.)
| ||||||
| 19 | Section 60. The Department of Central Management Services | ||||||
| 20 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||
| 21 | changing Sections 405-120 and 405-335 as follows:
| ||||||
| 22 | (20 ILCS 405/405-120) (was 20 ILCS 405/67.29)
| ||||||
| 23 | Sec. 405-120. Hispanic, Asian-American, and bilingual | ||||||
| 24 | employees. The
Department shall develop and implement plans to
| ||||||
| |||||||
| |||||||
| 1 | increase the number of Hispanics employed by State government | ||||||
| 2 | and the
number of bilingual persons employed in State | ||||||
| 3 | government at supervisory,
technical, professional, and | ||||||
| 4 | managerial levels.
| ||||||
| 5 | The Department shall prepare and revise annually a State | ||||||
| 6 | Hispanic Employment Plan and a State Asian-American Employment | ||||||
| 7 | Plan in consultation with individuals and organizations | ||||||
| 8 | informed on these subjects, including the Hispanic Employment | ||||||
| 9 | Plan Advisory Council and the Asian-American Employment Plan | ||||||
| 10 | Advisory Council. The Department shall report to the General | ||||||
| 11 | Assembly by February 1 of each year each State agency's | ||||||
| 12 | activities in implementing the State Hispanic Employment Plan | ||||||
| 13 | and the State Asian-American Employment Plan. | ||||||
| 14 | (Source: P.A. 97-856, eff. 7-27-12; 98-329, eff. 1-1-14; | ||||||
| 15 | revised 10-8-13.)
| ||||||
| 16 | (20 ILCS 405/405-335) | ||||||
| 17 | Sec. 405-335. Illinois Transparency and Accountability | ||||||
| 18 | Portal (ITAP).
| ||||||
| 19 | (a) The Department, within 12 months after the effective | ||||||
| 20 | date of this amendatory Act of the 96th General Assembly, shall | ||||||
| 21 | establish and maintain a website, known as the Illinois | ||||||
| 22 | Transparency and Accountability Portal (ITAP), with a | ||||||
| 23 | full-time webmaster tasked with compiling and updating the ITAP | ||||||
| 24 | database with information received from all State agencies as | ||||||
| 25 | defined in this Section. Subject to appropriation, the | ||||||
| |||||||
| |||||||
| 1 | full-time webmaster must also compile and update the ITAP | ||||||
| 2 | database with information received from all counties, | ||||||
| 3 | townships, library districts, and municipalities. | ||||||
| 4 | (b) For purposes of this Section: | ||||||
| 5 | "State agency" means the offices of the constitutional | ||||||
| 6 | officers identified in Article V of the Illinois Constitution, | ||||||
| 7 | executive agencies, and departments, boards, commissions, and | ||||||
| 8 | Authorities under the Governor. | ||||||
| 9 | "Contracts" means payment obligations with vendors on file | ||||||
| 10 | with the Office of the Comptroller to purchase goods and | ||||||
| 11 | services exceeding $10,000 in value (or, in the case of | ||||||
| 12 | professional or artistic services, exceeding $5,000 in value). | ||||||
| 13 | "Appropriation" means line-item detail of spending | ||||||
| 14 | approved by the General Assembly and Governor, categorized by | ||||||
| 15 | object of expenditure. | ||||||
| 16 | "Individual consultants" means temporary workers eligible | ||||||
| 17 | to receive State benefits paid on a State payroll. | ||||||
| 18 | "Recipients" means State agencies receiving | ||||||
| 19 | appropriations. | ||||||
| 20 | (c) The ITAP shall provide direct access to each of the | ||||||
| 21 | following: | ||||||
| 22 | (1) A database of all current State employees and | ||||||
| 23 | individual consultants, except sworn law enforcement | ||||||
| 24 | officers, sorted separately by: | ||||||
| 25 | (i) Name. | ||||||
| 26 | (ii) Employing State agency. | ||||||
| |||||||
| |||||||
| 1 | (iii) Employing State division. | ||||||
| 2 | (iv) Employment position title. | ||||||
| 3 | (v) Current pay rate and year-to-date pay. | ||||||
| 4 | (2) A database of all current State expenditures, | ||||||
| 5 | sorted separately by agency, category, recipient, and | ||||||
| 6 | Representative District. | ||||||
| 7 | (3) A database of all development assistance | ||||||
| 8 | reportable pursuant to the Corporate Accountability for | ||||||
| 9 | Tax Expenditures Act, sorted separately by tax credit | ||||||
| 10 | category, taxpayer, and Representative District. | ||||||
| 11 | (4) A database of all revocations and suspensions of | ||||||
| 12 | State occupation and use tax certificates of registration | ||||||
| 13 | and all revocations and suspensions of State professional | ||||||
| 14 | licenses, sorted separately by name, geographic location, | ||||||
| 15 | and certificate of registration number or license number, | ||||||
| 16 | as applicable. Professional license revocations and | ||||||
| 17 | suspensions shall be posted only if resulting from a | ||||||
| 18 | failure to pay taxes, license fees, or child support. | ||||||
| 19 | (5) A database of all current State contracts, sorted | ||||||
| 20 | separately by contractor name, awarding officer or agency, | ||||||
| 21 | contract value, and goods or services provided. | ||||||
| 22 | (6) A database of all employees hired after the | ||||||
| 23 | effective date of this amendatory Act of 2010, sorted | ||||||
| 24 | searchably by each of the following at the time of | ||||||
| 25 | employment: | ||||||
| 26 | (i) Name. | ||||||
| |||||||
| |||||||
| 1 | (ii) Employing State agency. | ||||||
| 2 | (iii) Employing State division. | ||||||
| 3 | (iv) Employment position title. | ||||||
| 4 | (v) Current pay rate and year-to-date pay. | ||||||
| 5 | (vi) County of employment location. | ||||||
| 6 | (vii) Rutan status. | ||||||
| 7 | (viii) Status of position as subject to collective | ||||||
| 8 | bargaining, subject to merit compensation, or exempt | ||||||
| 9 | under Section 4d of the Personnel Code. | ||||||
| 10 | (ix) Employment status as probationary, trainee, | ||||||
| 11 | intern, certified, or exempt from certification. | ||||||
| 12 | (x) Status as a military veteran. | ||||||
| 13 | (7) A searchable database of all current county, | ||||||
| 14 | township, library district, and municipal employees sorted | ||||||
| 15 | separately by: | ||||||
| 16 | (i) Employing unit of local government. | ||||||
| 17 | (ii) Employment position title. | ||||||
| 18 | (iii) Current pay rate and year-to-date pay. | ||||||
| 19 | (8) A searchable database of all county, township, and | ||||||
| 20 | municipal employees hired on or after the effective date of | ||||||
| 21 | this amendatory Act of the 97th General Assembly, sorted | ||||||
| 22 | separately by each of the following at the time of | ||||||
| 23 | employment: | ||||||
| 24 | (i) Employing unit of local government. | ||||||
| 25 | (ii) Employment position title. | ||||||
| 26 | (iii) Current pay rate and year-to-date pay. | ||||||
| |||||||
| |||||||
| 1 | (9) A searchable database of all library district | ||||||
| 2 | employees hired on or after August 9, 2013 (the effective | ||||||
| 3 | date of Public Act 98-246) this amendatory Act of the 98th | ||||||
| 4 | General Assembly, sorted separately by each of the | ||||||
| 5 | following at the time of employment: | ||||||
| 6 | (i) Employing unit of local government. | ||||||
| 7 | (ii) Employment position title. | ||||||
| 8 | (iii) Current pay rate and year-to-date pay. | ||||||
| 9 | (d) The ITAP shall include all information required to be | ||||||
| 10 | published by subsection (c) of this Section that is available | ||||||
| 11 | to the Department in a format the Department can compile and | ||||||
| 12 | publish on the ITAP. The Department shall update the ITAP as | ||||||
| 13 | additional information becomes available in a format that can | ||||||
| 14 | be compiled and published on the ITAP by the Department. | ||||||
| 15 | (e) Each State agency, county, township, library district, | ||||||
| 16 | and municipality shall cooperate with the Department in | ||||||
| 17 | furnishing the information necessary for the implementation of | ||||||
| 18 | this Section within a timeframe specified by the Department. | ||||||
| 19 | (f) Each county, township, library district, or | ||||||
| 20 | municipality submitting information to be displayed on the | ||||||
| 21 | Illinois Transparency and Accountability Portal (ITAP) is | ||||||
| 22 | responsible for the accuracy of the information provided. | ||||||
| 23 | (g) The Department, within 6 months after January 1, 2014 | ||||||
| 24 | (the effective date of Public Act 98-283) this amendatory Act | ||||||
| 25 | of the 98th General Assembly, shall distribute a spreadsheet or | ||||||
| 26 | otherwise make data entry available to each State agency to | ||||||
| |||||||
| |||||||
| 1 | facilitate the collection of data on the State's annual | ||||||
| 2 | workforce characteristics, workforce compensation, and | ||||||
| 3 | employee mobility. The Department shall determine the data to | ||||||
| 4 | be collected by each State agency. Each State agency shall | ||||||
| 5 | cooperate with the Department in furnishing the data necessary | ||||||
| 6 | for the implementation of this subsection within the timeframe | ||||||
| 7 | specified by the Department. The Department shall publish the | ||||||
| 8 | data received from each State agency on the ITAP or another | ||||||
| 9 | open data site annually. | ||||||
| 10 | (Source: P.A. 97-744, eff. 1-1-13; 98-246, eff. 8-9-13; 98-283, | ||||||
| 11 | eff. 1-1-14; revised 9-4-13.)
| ||||||
| 12 | Section 65. The Children and Family Services Act is amended | ||||||
| 13 | by changing Section 5 as follows:
| ||||||
| 14 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
| 15 | Sec. 5. Direct child welfare services; Department of | ||||||
| 16 | Children and Family
Services. To provide direct child welfare | ||||||
| 17 | services when not available
through other public or private | ||||||
| 18 | child care or program facilities.
| ||||||
| 19 | (a) For purposes of this Section:
| ||||||
| 20 | (1) "Children" means persons found within the State who | ||||||
| 21 | are under the
age of 18 years. The term also includes | ||||||
| 22 | persons under age 21 who:
| ||||||
| 23 | (A) were committed to the Department pursuant to | ||||||
| 24 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
| |||||||
| |||||||
| 1 | 1987, as amended, prior to
the age of 18 and who | ||||||
| 2 | continue under the jurisdiction of the court; or
| ||||||
| 3 | (B) were accepted for care, service and training by
| ||||||
| 4 | the Department prior to the age of 18 and whose best | ||||||
| 5 | interest in the
discretion of the Department would be | ||||||
| 6 | served by continuing that care,
service and training | ||||||
| 7 | because of severe emotional disturbances, physical
| ||||||
| 8 | disability, social adjustment or any combination | ||||||
| 9 | thereof, or because of the
need to complete an | ||||||
| 10 | educational or vocational training program.
| ||||||
| 11 | (2) "Homeless youth" means persons found within the
| ||||||
| 12 | State who are under the age of 19, are not in a safe and | ||||||
| 13 | stable living
situation and cannot be reunited with their | ||||||
| 14 | families.
| ||||||
| 15 | (3) "Child welfare services" means public social | ||||||
| 16 | services which are
directed toward the accomplishment of | ||||||
| 17 | the following purposes:
| ||||||
| 18 | (A) protecting and promoting the health, safety | ||||||
| 19 | and welfare of
children,
including homeless, dependent | ||||||
| 20 | or neglected children;
| ||||||
| 21 | (B) remedying, or assisting in the solution
of | ||||||
| 22 | problems which may result in, the neglect, abuse, | ||||||
| 23 | exploitation or
delinquency of children;
| ||||||
| 24 | (C) preventing the unnecessary separation of | ||||||
| 25 | children
from their families by identifying family | ||||||
| 26 | problems, assisting families in
resolving their | ||||||
| |||||||
| |||||||
| 1 | problems, and preventing the breakup of the family
| ||||||
| 2 | where the prevention of child removal is desirable and | ||||||
| 3 | possible when the
child can be cared for at home | ||||||
| 4 | without endangering the child's health and
safety;
| ||||||
| 5 | (D) restoring to their families children who have | ||||||
| 6 | been
removed, by the provision of services to the child | ||||||
| 7 | and the families when the
child can be cared for at | ||||||
| 8 | home without endangering the child's health and
| ||||||
| 9 | safety;
| ||||||
| 10 | (E) placing children in suitable adoptive homes, | ||||||
| 11 | in
cases where restoration to the biological family is | ||||||
| 12 | not safe, possible or
appropriate;
| ||||||
| 13 | (F) assuring safe and adequate care of children | ||||||
| 14 | away from their
homes, in cases where the child cannot | ||||||
| 15 | be returned home or cannot be placed
for adoption. At | ||||||
| 16 | the time of placement, the Department shall consider
| ||||||
| 17 | concurrent planning,
as described in subsection (l-1) | ||||||
| 18 | of this Section so that permanency may
occur at the | ||||||
| 19 | earliest opportunity. Consideration should be given so | ||||||
| 20 | that if
reunification fails or is delayed, the | ||||||
| 21 | placement made is the best available
placement to | ||||||
| 22 | provide permanency for the child;
| ||||||
| 23 | (G) (blank);
| ||||||
| 24 | (H) (blank); and
| ||||||
| 25 | (I) placing and maintaining children in facilities | ||||||
| 26 | that provide
separate living quarters for children | ||||||
| |||||||
| |||||||
| 1 | under the age of 18 and for children
18 years of age | ||||||
| 2 | and older, unless a child 18 years of age is in the | ||||||
| 3 | last
year of high school education or vocational | ||||||
| 4 | training, in an approved
individual or group treatment | ||||||
| 5 | program, in a licensed shelter facility,
or secure | ||||||
| 6 | child care facility.
The Department is not required to | ||||||
| 7 | place or maintain children:
| ||||||
| 8 | (i) who are in a foster home, or
| ||||||
| 9 | (ii) who are persons with a developmental | ||||||
| 10 | disability, as defined in
the Mental
Health and | ||||||
| 11 | Developmental Disabilities Code, or
| ||||||
| 12 | (iii) who are female children who are | ||||||
| 13 | pregnant, pregnant and
parenting or parenting, or
| ||||||
| 14 | (iv) who are siblings, in facilities that | ||||||
| 15 | provide separate living quarters for children 18
| ||||||
| 16 | years of age and older and for children under 18 | ||||||
| 17 | years of age.
| ||||||
| 18 | (b) Nothing in this Section shall be construed to authorize | ||||||
| 19 | the
expenditure of public funds for the purpose of performing | ||||||
| 20 | abortions.
| ||||||
| 21 | (c) The Department shall establish and maintain | ||||||
| 22 | tax-supported child
welfare services and extend and seek to | ||||||
| 23 | improve voluntary services
throughout the State, to the end | ||||||
| 24 | that services and care shall be available
on an equal basis | ||||||
| 25 | throughout the State to children requiring such services.
| ||||||
| 26 | (d) The Director may authorize advance disbursements for | ||||||
| |||||||
| |||||||
| 1 | any new program
initiative to any agency contracting with the | ||||||
| 2 | Department. As a
prerequisite for an advance disbursement, the | ||||||
| 3 | contractor must post a
surety bond in the amount of the advance | ||||||
| 4 | disbursement and have a
purchase of service contract approved | ||||||
| 5 | by the Department. The Department
may pay up to 2 months | ||||||
| 6 | operational expenses in advance. The amount of the
advance | ||||||
| 7 | disbursement shall be prorated over the life of the contract
or | ||||||
| 8 | the remaining months of the fiscal year, whichever is less, and | ||||||
| 9 | the
installment amount shall then be deducted from future | ||||||
| 10 | bills. Advance
disbursement authorizations for new initiatives | ||||||
| 11 | shall not be made to any
agency after that agency has operated | ||||||
| 12 | during 2 consecutive fiscal years.
The requirements of this | ||||||
| 13 | Section concerning advance disbursements shall
not apply with | ||||||
| 14 | respect to the following: payments to local public agencies
for | ||||||
| 15 | child day care services as authorized by Section 5a of this | ||||||
| 16 | Act; and
youth service programs receiving grant funds under | ||||||
| 17 | Section 17a-4.
| ||||||
| 18 | (e) (Blank).
| ||||||
| 19 | (f) (Blank).
| ||||||
| 20 | (g) The Department shall establish rules and regulations | ||||||
| 21 | concerning
its operation of programs designed to meet the goals | ||||||
| 22 | of child safety and
protection,
family preservation, family | ||||||
| 23 | reunification, and adoption, including but not
limited to:
| ||||||
| 24 | (1) adoption;
| ||||||
| 25 | (2) foster care;
| ||||||
| 26 | (3) family counseling;
| ||||||
| |||||||
| |||||||
| 1 | (4) protective services;
| ||||||
| 2 | (5) (blank);
| ||||||
| 3 | (6) homemaker service;
| ||||||
| 4 | (7) return of runaway children;
| ||||||
| 5 | (8) (blank);
| ||||||
| 6 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
| 7 | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||||||
| 8 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
| 9 | Assistance and Child Welfare Act of
1980; and
| ||||||
| 10 | (10) interstate services.
| ||||||
| 11 | Rules and regulations established by the Department shall | ||||||
| 12 | include
provisions for training Department staff and the staff | ||||||
| 13 | of Department
grantees, through contracts with other agencies | ||||||
| 14 | or resources, in alcohol
and drug abuse screening techniques | ||||||
| 15 | approved by the Department of Human
Services, as a successor to | ||||||
| 16 | the Department of Alcoholism and Substance Abuse,
for the | ||||||
| 17 | purpose of identifying children and adults who
should be | ||||||
| 18 | referred to an alcohol and drug abuse treatment program for
| ||||||
| 19 | professional evaluation.
| ||||||
| 20 | (h) If the Department finds that there is no appropriate | ||||||
| 21 | program or
facility within or available to the Department for a | ||||||
| 22 | ward and that no
licensed private facility has an adequate and | ||||||
| 23 | appropriate program or none
agrees to accept the ward, the | ||||||
| 24 | Department shall create an appropriate
individualized, | ||||||
| 25 | program-oriented plan for such ward. The
plan may be developed | ||||||
| 26 | within the Department or through purchase of services
by the | ||||||
| |||||||
| |||||||
| 1 | Department to the extent that it is within its statutory | ||||||
| 2 | authority
to do.
| ||||||
| 3 | (i) Service programs shall be available throughout the | ||||||
| 4 | State and shall
include but not be limited to the following | ||||||
| 5 | services:
| ||||||
| 6 | (1) case management;
| ||||||
| 7 | (2) homemakers;
| ||||||
| 8 | (3) counseling;
| ||||||
| 9 | (4) parent education;
| ||||||
| 10 | (5) day care; and
| ||||||
| 11 | (6) emergency assistance and advocacy.
| ||||||
| 12 | In addition, the following services may be made available | ||||||
| 13 | to assess and
meet the needs of children and families:
| ||||||
| 14 | (1) comprehensive family-based services;
| ||||||
| 15 | (2) assessments;
| ||||||
| 16 | (3) respite care; and
| ||||||
| 17 | (4) in-home health services.
| ||||||
| 18 | The Department shall provide transportation for any of the | ||||||
| 19 | services it
makes available to children or families or for | ||||||
| 20 | which it refers children
or families.
| ||||||
| 21 | (j) The Department may provide categories of financial | ||||||
| 22 | assistance and
education assistance grants, and shall
| ||||||
| 23 | establish rules and regulations concerning the assistance and | ||||||
| 24 | grants, to
persons who
adopt physically or mentally | ||||||
| 25 | handicapped, older and other hard-to-place
children who (i) | ||||||
| 26 | immediately prior to their adoption were legal wards of
the | ||||||
| |||||||
| |||||||
| 1 | Department
or (ii) were determined eligible for financial | ||||||
| 2 | assistance with respect to a
prior adoption and who become | ||||||
| 3 | available for adoption because the
prior adoption has been | ||||||
| 4 | dissolved and the parental rights of the adoptive
parents have | ||||||
| 5 | been
terminated or because the child's adoptive parents have | ||||||
| 6 | died.
The Department may continue to provide financial | ||||||
| 7 | assistance and education assistance grants for a child who was | ||||||
| 8 | determined eligible for financial assistance under this | ||||||
| 9 | subsection (j) in the interim period beginning when the child's | ||||||
| 10 | adoptive parents died and ending with the finalization of the | ||||||
| 11 | new adoption of the child by another adoptive parent or | ||||||
| 12 | parents. The Department may also provide categories of | ||||||
| 13 | financial
assistance and education assistance grants, and
| ||||||
| 14 | shall establish rules and regulations for the assistance and | ||||||
| 15 | grants, to persons
appointed guardian of the person under | ||||||
| 16 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
| 17 | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
| 18 | who were wards of the Department for 12 months immediately
| ||||||
| 19 | prior to the appointment of the guardian.
| ||||||
| 20 | The amount of assistance may vary, depending upon the needs | ||||||
| 21 | of the child
and the adoptive parents,
as set forth in the | ||||||
| 22 | annual
assistance agreement. Special purpose grants are | ||||||
| 23 | allowed where the child
requires special service but such costs | ||||||
| 24 | may not exceed the amounts
which similar services would cost | ||||||
| 25 | the Department if it were to provide or
secure them as guardian | ||||||
| 26 | of the child.
| ||||||
| |||||||
| |||||||
| 1 | Any financial assistance provided under this subsection is
| ||||||
| 2 | inalienable by assignment, sale, execution, attachment, | ||||||
| 3 | garnishment, or any
other remedy for recovery or collection of | ||||||
| 4 | a judgment or debt.
| ||||||
| 5 | (j-5) The Department shall not deny or delay the placement | ||||||
| 6 | of a child for
adoption
if an approved family is available | ||||||
| 7 | either outside of the Department region
handling the case,
or | ||||||
| 8 | outside of the State of Illinois.
| ||||||
| 9 | (k) The Department shall accept for care and training any | ||||||
| 10 | child who has
been adjudicated neglected or abused, or | ||||||
| 11 | dependent committed to it pursuant
to the Juvenile Court Act or | ||||||
| 12 | the Juvenile Court Act of 1987.
| ||||||
| 13 | (l) The Department shall
offer family preservation | ||||||
| 14 | services, as defined in Section 8.2 of the Abused
and
Neglected | ||||||
| 15 | Child
Reporting Act, to help families, including adoptive and | ||||||
| 16 | extended families.
Family preservation
services shall be | ||||||
| 17 | offered (i) to prevent the
placement
of children in
substitute | ||||||
| 18 | care when the children can be cared for at home or in the | ||||||
| 19 | custody of
the person
responsible for the children's welfare,
| ||||||
| 20 | (ii) to
reunite children with their families, or (iii) to
| ||||||
| 21 | maintain an adoptive placement. Family preservation services | ||||||
| 22 | shall only be
offered when doing so will not endanger the | ||||||
| 23 | children's health or safety. With
respect to children who are | ||||||
| 24 | in substitute care pursuant to the Juvenile Court
Act of 1987, | ||||||
| 25 | family preservation services shall not be offered if a goal | ||||||
| 26 | other
than those of subdivisions (A), (B), or (B-1) of | ||||||
| |||||||
| |||||||
| 1 | subsection (2) of Section 2-28
of
that Act has been set.
| ||||||
| 2 | Nothing in this paragraph shall be construed to create a | ||||||
| 3 | private right of
action or claim on the part of any individual | ||||||
| 4 | or child welfare agency, except that when a child is the | ||||||
| 5 | subject of an action under Article II of the Juvenile Court Act | ||||||
| 6 | of 1987 and the child's service plan calls for services to | ||||||
| 7 | facilitate achievement of the permanency goal, the court | ||||||
| 8 | hearing the action under Article II of the Juvenile Court Act | ||||||
| 9 | of 1987 may order the Department to provide the services set | ||||||
| 10 | out in the plan, if those services are not provided with | ||||||
| 11 | reasonable promptness and if those services are available.
| ||||||
| 12 | The Department shall notify the child and his family of the
| ||||||
| 13 | Department's
responsibility to offer and provide family | ||||||
| 14 | preservation services as
identified in the service plan. The | ||||||
| 15 | child and his family shall be eligible
for services as soon as | ||||||
| 16 | the report is determined to be "indicated". The
Department may | ||||||
| 17 | offer services to any child or family with respect to whom a
| ||||||
| 18 | report of suspected child abuse or neglect has been filed, | ||||||
| 19 | prior to
concluding its investigation under Section 7.12 of the | ||||||
| 20 | Abused and Neglected
Child Reporting Act. However, the child's | ||||||
| 21 | or family's willingness to
accept services shall not be | ||||||
| 22 | considered in the investigation. The
Department may also | ||||||
| 23 | provide services to any child or family who is the
subject of | ||||||
| 24 | any report of suspected child abuse or neglect or may refer | ||||||
| 25 | such
child or family to services available from other agencies | ||||||
| 26 | in the community,
even if the report is determined to be | ||||||
| |||||||
| |||||||
| 1 | unfounded, if the conditions in the
child's or family's home | ||||||
| 2 | are reasonably likely to subject the child or
family to future | ||||||
| 3 | reports of suspected child abuse or neglect. Acceptance
of such | ||||||
| 4 | services shall be voluntary. The Department may also provide | ||||||
| 5 | services to any child or family after completion of a family | ||||||
| 6 | assessment, as an alternative to an investigation, as provided | ||||||
| 7 | under the "differential response program" provided for in | ||||||
| 8 | subsection (a-5) of Section 7.4 of the Abused and Neglected | ||||||
| 9 | Child Reporting Act.
| ||||||
| 10 | The Department may, at its discretion except for those | ||||||
| 11 | children also
adjudicated neglected or dependent, accept for | ||||||
| 12 | care and training any child
who has been adjudicated addicted, | ||||||
| 13 | as a truant minor in need of
supervision or as a minor | ||||||
| 14 | requiring authoritative intervention, under the
Juvenile Court | ||||||
| 15 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
| 16 | be committed to the Department by any court without the | ||||||
| 17 | approval of
the Department. A minor charged with a criminal | ||||||
| 18 | offense under the Criminal
Code of 1961 or the Criminal Code of | ||||||
| 19 | 2012 or adjudicated delinquent shall not be placed in the | ||||||
| 20 | custody of or
committed to the Department by any court, except | ||||||
| 21 | (i) a minor less than 15 years
of age committed to the | ||||||
| 22 | Department under Section 5-710 of the Juvenile Court
Act
of | ||||||
| 23 | 1987, (ii) a minor for whom an independent basis of abuse, | ||||||
| 24 | neglect, or dependency exists, which must be defined by | ||||||
| 25 | departmental rule, or (iii) a minor for whom the court has | ||||||
| 26 | granted a supplemental petition to reinstate wardship pursuant | ||||||
| |||||||
| |||||||
| 1 | to subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
| 2 | 1987. An independent basis exists when the allegations or | ||||||
| 3 | adjudication of abuse, neglect, or dependency do not arise from | ||||||
| 4 | the same facts, incident, or circumstances which give rise to a | ||||||
| 5 | charge or adjudication of delinquency.
| ||||||
| 6 | As soon as is possible after August 7, 2009 (the effective | ||||||
| 7 | date of Public Act 96-134), the Department shall develop and | ||||||
| 8 | implement a special program of family preservation services to | ||||||
| 9 | support intact, foster, and adoptive families who are | ||||||
| 10 | experiencing extreme hardships due to the difficulty and stress | ||||||
| 11 | of caring for a child who has been diagnosed with a pervasive | ||||||
| 12 | developmental disorder if the Department determines that those | ||||||
| 13 | services are necessary to ensure the health and safety of the | ||||||
| 14 | child. The Department may offer services to any family whether | ||||||
| 15 | or not a report has been filed under the Abused and Neglected | ||||||
| 16 | Child Reporting Act. The Department may refer the child or | ||||||
| 17 | family to services available from other agencies in the | ||||||
| 18 | community if the conditions in the child's or family's home are | ||||||
| 19 | reasonably likely to subject the child or family to future | ||||||
| 20 | reports of suspected child abuse or neglect. Acceptance of | ||||||
| 21 | these services shall be voluntary. The Department shall develop | ||||||
| 22 | and implement a public information campaign to alert health and | ||||||
| 23 | social service providers and the general public about these | ||||||
| 24 | special family preservation services. The nature and scope of | ||||||
| 25 | the services offered and the number of families served under | ||||||
| 26 | the special program implemented under this paragraph shall be | ||||||
| |||||||
| |||||||
| 1 | determined by the level of funding that the Department annually | ||||||
| 2 | allocates for this purpose. The term "pervasive developmental | ||||||
| 3 | disorder" under this paragraph means a neurological condition, | ||||||
| 4 | including but not limited to, Asperger's Syndrome and autism, | ||||||
| 5 | as defined in the most recent edition of the Diagnostic and | ||||||
| 6 | Statistical Manual of Mental Disorders of the American | ||||||
| 7 | Psychiatric Association. | ||||||
| 8 | (l-1) The legislature recognizes that the best interests of | ||||||
| 9 | the child
require that
the child be placed in the most | ||||||
| 10 | permanent living arrangement as soon as is
practically
| ||||||
| 11 | possible. To achieve this goal, the legislature directs the | ||||||
| 12 | Department of
Children and
Family Services to conduct | ||||||
| 13 | concurrent planning so that permanency may occur at
the
| ||||||
| 14 | earliest opportunity. Permanent living arrangements may | ||||||
| 15 | include prevention of
placement of a child outside the home of | ||||||
| 16 | the family when the child can be cared
for at
home without | ||||||
| 17 | endangering the child's health or safety; reunification with | ||||||
| 18 | the
family,
when safe and appropriate, if temporary placement | ||||||
| 19 | is necessary; or movement of
the child
toward the most | ||||||
| 20 | permanent living arrangement and permanent legal status.
| ||||||
| 21 | When determining reasonable efforts to be made with respect | ||||||
| 22 | to a child, as
described in this
subsection, and in making such | ||||||
| 23 | reasonable efforts, the child's health and
safety shall be the
| ||||||
| 24 | paramount concern.
| ||||||
| 25 | When a child is placed in foster care, the Department shall | ||||||
| 26 | ensure and
document that reasonable efforts were made to | ||||||
| |||||||
| |||||||
| 1 | prevent or eliminate the need to
remove the child from the | ||||||
| 2 | child's home. The Department must make
reasonable efforts to | ||||||
| 3 | reunify the family when temporary placement of the child
occurs
| ||||||
| 4 | unless otherwise required, pursuant to the Juvenile Court Act | ||||||
| 5 | of 1987.
At any time after the dispositional hearing where the | ||||||
| 6 | Department believes
that further reunification services would | ||||||
| 7 | be ineffective, it may request a
finding from the court that | ||||||
| 8 | reasonable efforts are no longer appropriate. The
Department is | ||||||
| 9 | not required to provide further reunification services after | ||||||
| 10 | such
a
finding.
| ||||||
| 11 | A decision to place a child in substitute care shall be | ||||||
| 12 | made with
considerations of the child's health, safety, and | ||||||
| 13 | best interests. At the
time of placement, consideration should | ||||||
| 14 | also be given so that if reunification
fails or is delayed, the | ||||||
| 15 | placement made is the best available placement to
provide | ||||||
| 16 | permanency for the child.
| ||||||
| 17 | The Department shall adopt rules addressing concurrent | ||||||
| 18 | planning for
reunification and permanency. The Department | ||||||
| 19 | shall consider the following
factors when determining | ||||||
| 20 | appropriateness of concurrent planning:
| ||||||
| 21 | (1) the likelihood of prompt reunification;
| ||||||
| 22 | (2) the past history of the family;
| ||||||
| 23 | (3) the barriers to reunification being addressed by | ||||||
| 24 | the family;
| ||||||
| 25 | (4) the level of cooperation of the family;
| ||||||
| 26 | (5) the foster parents' willingness to work with the | ||||||
| |||||||
| |||||||
| 1 | family to reunite;
| ||||||
| 2 | (6) the willingness and ability of the foster family to | ||||||
| 3 | provide an
adoptive
home or long-term placement;
| ||||||
| 4 | (7) the age of the child;
| ||||||
| 5 | (8) placement of siblings.
| ||||||
| 6 | (m) The Department may assume temporary custody of any | ||||||
| 7 | child if:
| ||||||
| 8 | (1) it has received a written consent to such temporary | ||||||
| 9 | custody
signed by the parents of the child or by the parent | ||||||
| 10 | having custody of the
child if the parents are not living | ||||||
| 11 | together or by the guardian or
custodian of the child if | ||||||
| 12 | the child is not in the custody of either
parent, or
| ||||||
| 13 | (2) the child is found in the State and neither a | ||||||
| 14 | parent,
guardian nor custodian of the child can be located.
| ||||||
| 15 | If the child is found in his or her residence without a parent, | ||||||
| 16 | guardian,
custodian or responsible caretaker, the Department | ||||||
| 17 | may, instead of removing
the child and assuming temporary | ||||||
| 18 | custody, place an authorized
representative of the Department | ||||||
| 19 | in that residence until such time as a
parent, guardian or | ||||||
| 20 | custodian enters the home and expresses a willingness
and | ||||||
| 21 | apparent ability to ensure the child's health and safety and | ||||||
| 22 | resume
permanent
charge of the child, or until a
relative | ||||||
| 23 | enters the home and is willing and able to ensure the child's | ||||||
| 24 | health
and
safety and assume charge of the
child until a | ||||||
| 25 | parent, guardian or custodian enters the home and expresses
| ||||||
| 26 | such willingness and ability to ensure the child's safety and | ||||||
| |||||||
| |||||||
| 1 | resume
permanent charge. After a caretaker has remained in the | ||||||
| 2 | home for a period not
to exceed 12 hours, the Department must | ||||||
| 3 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
| 4 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
| 5 | The Department shall have the authority, responsibilities | ||||||
| 6 | and duties that
a legal custodian of the child would have | ||||||
| 7 | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||||||
| 8 | Act of 1987. Whenever a child is taken
into temporary custody | ||||||
| 9 | pursuant to an investigation under the Abused and
Neglected | ||||||
| 10 | Child Reporting Act, or pursuant to a referral and acceptance
| ||||||
| 11 | under the Juvenile Court Act of 1987 of a minor in limited | ||||||
| 12 | custody, the
Department, during the period of temporary custody | ||||||
| 13 | and before the child
is brought before a judicial officer as | ||||||
| 14 | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||||||
| 15 | Court Act of 1987, shall have
the authority, responsibilities | ||||||
| 16 | and duties that a legal custodian of the child
would have under | ||||||
| 17 | subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||||||
| 18 | 1987.
| ||||||
| 19 | The Department shall ensure that any child taken into | ||||||
| 20 | custody
is scheduled for an appointment for a medical | ||||||
| 21 | examination.
| ||||||
| 22 | A parent, guardian or custodian of a child in the temporary | ||||||
| 23 | custody of the
Department who would have custody of the child | ||||||
| 24 | if he were not in the
temporary custody of the Department may | ||||||
| 25 | deliver to the Department a signed
request that the Department | ||||||
| 26 | surrender the temporary custody of the child.
The Department | ||||||
| |||||||
| |||||||
| 1 | may retain temporary custody of the child for 10 days after
the | ||||||
| 2 | receipt of the request, during which period the Department may | ||||||
| 3 | cause to
be filed a petition pursuant to the Juvenile Court Act | ||||||
| 4 | of 1987. If a
petition is so filed, the Department shall retain | ||||||
| 5 | temporary custody of the
child until the court orders | ||||||
| 6 | otherwise. If a petition is not filed within
the 10 day period, | ||||||
| 7 | the child shall be surrendered to the custody of the
requesting | ||||||
| 8 | parent, guardian or custodian not later than the expiration of
| ||||||
| 9 | the 10 day period, at which time the authority and duties of | ||||||
| 10 | the Department
with respect to the temporary custody of the | ||||||
| 11 | child shall terminate.
| ||||||
| 12 | (m-1) The Department may place children under 18 years of | ||||||
| 13 | age in a secure
child care facility licensed by the Department | ||||||
| 14 | that cares for children who are
in need of secure living | ||||||
| 15 | arrangements for their health, safety, and well-being
after a | ||||||
| 16 | determination is made by the facility director and the Director | ||||||
| 17 | or the
Director's designate prior to admission to the facility | ||||||
| 18 | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||||||
| 19 | This subsection (m-1) does not apply
to a child who is subject | ||||||
| 20 | to placement in a correctional facility operated
pursuant to | ||||||
| 21 | Section 3-15-2 of the Unified Code of Corrections, unless the
| ||||||
| 22 | child is a ward who was placed under the care of the Department | ||||||
| 23 | before being
subject to placement in a correctional facility | ||||||
| 24 | and a court of competent
jurisdiction has ordered placement of | ||||||
| 25 | the child in a secure care facility.
| ||||||
| 26 | (n) The Department may place children under 18 years of age | ||||||
| |||||||
| |||||||
| 1 | in
licensed child care facilities when in the opinion of the | ||||||
| 2 | Department,
appropriate services aimed at family preservation | ||||||
| 3 | have been unsuccessful and
cannot ensure the child's health and | ||||||
| 4 | safety or are unavailable and such
placement would be for their | ||||||
| 5 | best interest. Payment
for board, clothing, care, training and | ||||||
| 6 | supervision of any child placed in
a licensed child care | ||||||
| 7 | facility may be made by the Department, by the
parents or | ||||||
| 8 | guardians of the estates of those children, or by both the
| ||||||
| 9 | Department and the parents or guardians, except that no | ||||||
| 10 | payments shall be
made by the Department for any child placed | ||||||
| 11 | in a licensed child care
facility for board, clothing, care, | ||||||
| 12 | training and supervision of such a
child that exceed the | ||||||
| 13 | average per capita cost of maintaining and of caring
for a | ||||||
| 14 | child in institutions for dependent or neglected children | ||||||
| 15 | operated by
the Department. However, such restriction on | ||||||
| 16 | payments does not apply in
cases where children require | ||||||
| 17 | specialized care and treatment for problems of
severe emotional | ||||||
| 18 | disturbance, physical disability, social adjustment, or
any | ||||||
| 19 | combination thereof and suitable facilities for the placement | ||||||
| 20 | of such
children are not available at payment rates within the | ||||||
| 21 | limitations set
forth in this Section. All reimbursements for | ||||||
| 22 | services delivered shall be
absolutely inalienable by | ||||||
| 23 | assignment, sale, attachment, garnishment or
otherwise.
| ||||||
| 24 | (n-1) The Department shall provide or authorize child | ||||||
| 25 | welfare services, aimed at assisting minors to achieve | ||||||
| 26 | sustainable self-sufficiency as independent adults, for any | ||||||
| |||||||
| |||||||
| 1 | minor eligible for the reinstatement of wardship pursuant to | ||||||
| 2 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
| 3 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
| 4 | provided that the minor consents to such services and has not | ||||||
| 5 | yet attained the age of 21. The Department shall have | ||||||
| 6 | responsibility for the development and delivery of services | ||||||
| 7 | under this Section. An eligible youth may access services under | ||||||
| 8 | this Section through the Department of Children and Family | ||||||
| 9 | Services or by referral from the Department of Human Services. | ||||||
| 10 | Youth participating in services under this Section shall | ||||||
| 11 | cooperate with the assigned case manager in developing an | ||||||
| 12 | agreement identifying the services to be provided and how the | ||||||
| 13 | youth will increase skills to achieve self-sufficiency. A | ||||||
| 14 | homeless shelter is not considered appropriate housing for any | ||||||
| 15 | youth receiving child welfare services under this Section. The | ||||||
| 16 | Department shall continue child welfare services under this | ||||||
| 17 | Section to any eligible minor until the minor becomes 21 years | ||||||
| 18 | of age, no longer consents to participate, or achieves | ||||||
| 19 | self-sufficiency as identified in the minor's service plan. The | ||||||
| 20 | Department of Children and Family Services shall create clear, | ||||||
| 21 | readable notice of the rights of former foster youth to child | ||||||
| 22 | welfare services under this Section and how such services may | ||||||
| 23 | be obtained. The Department of Children and Family Services and | ||||||
| 24 | the Department of Human Services shall disseminate this | ||||||
| 25 | information statewide. The Department shall adopt regulations | ||||||
| 26 | describing services intended to assist minors in achieving | ||||||
| |||||||
| |||||||
| 1 | sustainable self-sufficiency as independent adults. | ||||||
| 2 | (o) The Department shall establish an administrative | ||||||
| 3 | review and appeal
process for children and families who request | ||||||
| 4 | or receive child welfare
services from the Department. Children | ||||||
| 5 | who are wards of the Department and
are placed by private child | ||||||
| 6 | welfare agencies, and foster families with whom
those children | ||||||
| 7 | are placed, shall be afforded the same procedural and appeal
| ||||||
| 8 | rights as children and families in the case of placement by the | ||||||
| 9 | Department,
including the right to an initial review of a | ||||||
| 10 | private agency decision by
that agency. The Department shall | ||||||
| 11 | insure that any private child welfare
agency, which accepts | ||||||
| 12 | wards of the Department for placement, affords those
rights to | ||||||
| 13 | children and foster families. The Department shall accept for
| ||||||
| 14 | administrative review and an appeal hearing a complaint made by | ||||||
| 15 | (i) a child
or foster family concerning a decision following an | ||||||
| 16 | initial review by a
private child welfare agency or (ii) a | ||||||
| 17 | prospective adoptive parent who alleges
a violation of | ||||||
| 18 | subsection (j-5) of this Section. An appeal of a decision
| ||||||
| 19 | concerning a change in the placement of a child shall be | ||||||
| 20 | conducted in an
expedited manner. A court determination that a | ||||||
| 21 | current foster home placement is necessary and appropriate | ||||||
| 22 | under Section 2-28 of the Juvenile Court Act of 1987 does not | ||||||
| 23 | constitute a judicial determination on the merits of an | ||||||
| 24 | administrative appeal, filed by a former foster parent, | ||||||
| 25 | involving a change of placement decision.
| ||||||
| 26 | (p) There is hereby created the Department of Children and | ||||||
| |||||||
| |||||||
| 1 | Family
Services Emergency Assistance Fund from which the | ||||||
| 2 | Department may provide
special financial assistance to | ||||||
| 3 | families which are in economic crisis when
such assistance is | ||||||
| 4 | not available through other public or private sources
and the | ||||||
| 5 | assistance is deemed necessary to prevent dissolution of the | ||||||
| 6 | family
unit or to reunite families which have been separated | ||||||
| 7 | due to child abuse and
neglect. The Department shall establish | ||||||
| 8 | administrative rules specifying
the criteria for determining | ||||||
| 9 | eligibility for and the amount and nature of
assistance to be | ||||||
| 10 | provided. The Department may also enter into written
agreements | ||||||
| 11 | with private and public social service agencies to provide
| ||||||
| 12 | emergency financial services to families referred by the | ||||||
| 13 | Department.
Special financial assistance payments shall be | ||||||
| 14 | available to a family no
more than once during each fiscal year | ||||||
| 15 | and the total payments to a
family may not exceed $500 during a | ||||||
| 16 | fiscal year.
| ||||||
| 17 | (q) The Department may receive and use, in their entirety, | ||||||
| 18 | for the
benefit of children any gift, donation or bequest of | ||||||
| 19 | money or other
property which is received on behalf of such | ||||||
| 20 | children, or any financial
benefits to which such children are | ||||||
| 21 | or may become entitled while under
the jurisdiction or care of | ||||||
| 22 | the Department.
| ||||||
| 23 | The Department shall set up and administer no-cost, | ||||||
| 24 | interest-bearing accounts in appropriate financial | ||||||
| 25 | institutions
for children for whom the Department is legally | ||||||
| 26 | responsible and who have been
determined eligible for Veterans' | ||||||
| |||||||
| |||||||
| 1 | Benefits, Social Security benefits,
assistance allotments from | ||||||
| 2 | the armed forces, court ordered payments, parental
voluntary | ||||||
| 3 | payments, Supplemental Security Income, Railroad Retirement
| ||||||
| 4 | payments, Black Lung benefits, or other miscellaneous | ||||||
| 5 | payments. Interest
earned by each account shall be credited to | ||||||
| 6 | the account, unless
disbursed in accordance with this | ||||||
| 7 | subsection.
| ||||||
| 8 | In disbursing funds from children's accounts, the | ||||||
| 9 | Department
shall:
| ||||||
| 10 | (1) Establish standards in accordance with State and | ||||||
| 11 | federal laws for
disbursing money from children's | ||||||
| 12 | accounts. In all
circumstances,
the Department's | ||||||
| 13 | "Guardianship Administrator" or his or her designee must
| ||||||
| 14 | approve disbursements from children's accounts. The | ||||||
| 15 | Department
shall be responsible for keeping complete | ||||||
| 16 | records of all disbursements for each account for any | ||||||
| 17 | purpose.
| ||||||
| 18 | (2) Calculate on a monthly basis the amounts paid from | ||||||
| 19 | State funds for the
child's board and care, medical care | ||||||
| 20 | not covered under Medicaid, and social
services; and | ||||||
| 21 | utilize funds from the child's account, as
covered by | ||||||
| 22 | regulation, to reimburse those costs. Monthly, | ||||||
| 23 | disbursements from
all children's accounts, up to 1/12 of | ||||||
| 24 | $13,000,000, shall be
deposited by the Department into the | ||||||
| 25 | General Revenue Fund and the balance over
1/12 of | ||||||
| 26 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
| |||||||
| |||||||
| 1 | (3) Maintain any balance remaining after reimbursing | ||||||
| 2 | for the child's costs
of care, as specified in item (2). | ||||||
| 3 | The balance shall accumulate in accordance
with relevant | ||||||
| 4 | State and federal laws and shall be disbursed to the child | ||||||
| 5 | or his
or her guardian, or to the issuing agency.
| ||||||
| 6 | (r) The Department shall promulgate regulations | ||||||
| 7 | encouraging all adoption
agencies to voluntarily forward to the | ||||||
| 8 | Department or its agent names and
addresses of all persons who | ||||||
| 9 | have applied for and have been approved for
adoption of a | ||||||
| 10 | hard-to-place or handicapped child and the names of such
| ||||||
| 11 | children who have not been placed for adoption. A list of such | ||||||
| 12 | names and
addresses shall be maintained by the Department or | ||||||
| 13 | its agent, and coded
lists which maintain the confidentiality | ||||||
| 14 | of the person seeking to adopt the
child and of the child shall | ||||||
| 15 | be made available, without charge, to every
adoption agency in | ||||||
| 16 | the State to assist the agencies in placing such
children for | ||||||
| 17 | adoption. The Department may delegate to an agent its duty to
| ||||||
| 18 | maintain and make available such lists. The Department shall | ||||||
| 19 | ensure that
such agent maintains the confidentiality of the | ||||||
| 20 | person seeking to adopt the
child and of the child.
| ||||||
| 21 | (s) The Department of Children and Family Services may | ||||||
| 22 | establish and
implement a program to reimburse Department and | ||||||
| 23 | private child welfare
agency foster parents licensed by the | ||||||
| 24 | Department of Children and Family
Services for damages | ||||||
| 25 | sustained by the foster parents as a result of the
malicious or | ||||||
| 26 | negligent acts of foster children, as well as providing third
| ||||||
| |||||||
| |||||||
| 1 | party coverage for such foster parents with regard to actions | ||||||
| 2 | of foster
children to other individuals. Such coverage will be | ||||||
| 3 | secondary to the
foster parent liability insurance policy, if | ||||||
| 4 | applicable. The program shall
be funded through appropriations | ||||||
| 5 | from the General Revenue Fund,
specifically designated for such | ||||||
| 6 | purposes.
| ||||||
| 7 | (t) The Department shall perform home studies and | ||||||
| 8 | investigations and
shall exercise supervision over visitation | ||||||
| 9 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
| 10 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
| 11 | (1) an order entered by an Illinois court specifically
| ||||||
| 12 | directs the Department to perform such services; and
| ||||||
| 13 | (2) the court has ordered one or both of the parties to
| ||||||
| 14 | the proceeding to reimburse the Department for its | ||||||
| 15 | reasonable costs for
providing such services in accordance | ||||||
| 16 | with Department rules, or has
determined that neither party | ||||||
| 17 | is financially able to pay.
| ||||||
| 18 | The Department shall provide written notification to the | ||||||
| 19 | court of the
specific arrangements for supervised visitation | ||||||
| 20 | and projected monthly costs
within 60 days of the court order. | ||||||
| 21 | The Department shall send to the court
information related to | ||||||
| 22 | the costs incurred except in cases where the court
has | ||||||
| 23 | determined the parties are financially unable to pay. The court | ||||||
| 24 | may
order additional periodic reports as appropriate.
| ||||||
| 25 | (u) In addition to other information that must be provided, | ||||||
| 26 | whenever the Department places a child with a prospective | ||||||
| |||||||
| |||||||
| 1 | adoptive parent or parents or in a licensed foster home,
group | ||||||
| 2 | home, child care institution, or in a relative home, the | ||||||
| 3 | Department
shall provide to the prospective adoptive parent or | ||||||
| 4 | parents or other caretaker:
| ||||||
| 5 | (1) available detailed information concerning the | ||||||
| 6 | child's educational
and health history, copies of | ||||||
| 7 | immunization records (including insurance
and medical card | ||||||
| 8 | information), a history of the child's previous | ||||||
| 9 | placements,
if any, and reasons for placement changes | ||||||
| 10 | excluding any information that
identifies or reveals the | ||||||
| 11 | location of any previous caretaker;
| ||||||
| 12 | (2) a copy of the child's portion of the client service | ||||||
| 13 | plan, including
any visitation arrangement, and all | ||||||
| 14 | amendments or revisions to it as
related to the child; and
| ||||||
| 15 | (3) information containing details of the child's | ||||||
| 16 | individualized
educational plan when the child is | ||||||
| 17 | receiving special education services.
| ||||||
| 18 | The caretaker shall be informed of any known social or | ||||||
| 19 | behavioral
information (including, but not limited to, | ||||||
| 20 | criminal background, fire
setting, perpetuation of
sexual | ||||||
| 21 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
| 22 | care
for and safeguard the children to be placed or currently | ||||||
| 23 | in the home. The Department may prepare a written summary of | ||||||
| 24 | the information required by this paragraph, which may be | ||||||
| 25 | provided to the foster or prospective adoptive parent in | ||||||
| 26 | advance of a placement. The foster or prospective adoptive | ||||||
| |||||||
| |||||||
| 1 | parent may review the supporting documents in the child's file | ||||||
| 2 | in the presence of casework staff. In the case of an emergency | ||||||
| 3 | placement, casework staff shall at least provide known | ||||||
| 4 | information verbally, if necessary, and must subsequently | ||||||
| 5 | provide the information in writing as required by this | ||||||
| 6 | subsection.
| ||||||
| 7 | The information described in this subsection shall be | ||||||
| 8 | provided in writing. In the case of emergency placements when | ||||||
| 9 | time does not allow prior review, preparation, and collection | ||||||
| 10 | of written information, the Department shall provide such | ||||||
| 11 | information as it becomes available. Within 10 business days | ||||||
| 12 | after placement, the Department shall obtain from the | ||||||
| 13 | prospective adoptive parent or parents or other caretaker a | ||||||
| 14 | signed verification of receipt of the information provided. | ||||||
| 15 | Within 10 business days after placement, the Department shall | ||||||
| 16 | provide to the child's guardian ad litem a copy of the | ||||||
| 17 | information provided to the prospective adoptive parent or | ||||||
| 18 | parents or other caretaker. The information provided to the | ||||||
| 19 | prospective adoptive parent or parents or other caretaker shall | ||||||
| 20 | be reviewed and approved regarding accuracy at the supervisory | ||||||
| 21 | level.
| ||||||
| 22 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
| 23 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
| 24 | of 1969 shall be eligible to
receive foster care payments from | ||||||
| 25 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
| 26 | were approved pursuant to approved
relative placement rules | ||||||
| |||||||
| |||||||
| 1 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
| 2 | 335 and had submitted an application for licensure as a foster | ||||||
| 3 | family
home may continue to receive foster care payments only | ||||||
| 4 | until the Department
determines that they may be licensed as a | ||||||
| 5 | foster family home or that their
application for licensure is | ||||||
| 6 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
| 7 | (v) The Department shall access criminal history record | ||||||
| 8 | information
as defined in the Illinois Uniform Conviction | ||||||
| 9 | Information Act and information
maintained in the adjudicatory | ||||||
| 10 | and dispositional record system as defined in
Section 2605-355 | ||||||
| 11 | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||||||
| 12 | if the Department determines the information is necessary to | ||||||
| 13 | perform its duties
under the Abused and Neglected Child | ||||||
| 14 | Reporting Act, the Child Care Act of 1969,
and the Children and | ||||||
| 15 | Family Services Act. The Department shall provide for
| ||||||
| 16 | interactive computerized communication and processing | ||||||
| 17 | equipment that permits
direct on-line communication with the | ||||||
| 18 | Department of State Police's central
criminal history data | ||||||
| 19 | repository. The Department shall comply with all
certification | ||||||
| 20 | requirements and provide certified operators who have been
| ||||||
| 21 | trained by personnel from the Department of State Police. In | ||||||
| 22 | addition, one
Office of the Inspector General investigator | ||||||
| 23 | shall have training in the use of
the criminal history | ||||||
| 24 | information access system and have
access to the terminal. The | ||||||
| 25 | Department of Children and Family Services and its
employees | ||||||
| 26 | shall abide by rules and regulations established by the | ||||||
| |||||||
| |||||||
| 1 | Department of
State Police relating to the access and | ||||||
| 2 | dissemination of
this information.
| ||||||
| 3 | (v-1) Prior to final approval for placement of a child, the | ||||||
| 4 | Department shall conduct a criminal records background check of | ||||||
| 5 | the prospective foster or adoptive parent, including | ||||||
| 6 | fingerprint-based checks of national crime information | ||||||
| 7 | databases. Final approval for placement shall not be granted if | ||||||
| 8 | the record check reveals a felony conviction for child abuse or | ||||||
| 9 | neglect, for spousal abuse, for a crime against children, or | ||||||
| 10 | for a crime involving violence, including rape, sexual assault, | ||||||
| 11 | or homicide, but not including other physical assault or | ||||||
| 12 | battery, or if there is a felony conviction for physical | ||||||
| 13 | assault, battery, or a drug-related offense committed within | ||||||
| 14 | the past 5 years. | ||||||
| 15 | (v-2) Prior to final approval for placement of a child, the | ||||||
| 16 | Department shall check its child abuse and neglect registry for | ||||||
| 17 | information concerning prospective foster and adoptive | ||||||
| 18 | parents, and any adult living in the home. If any prospective | ||||||
| 19 | foster or adoptive parent or other adult living in the home has | ||||||
| 20 | resided in another state in the preceding 5 years, the | ||||||
| 21 | Department shall request a check of that other state's child | ||||||
| 22 | abuse and neglect registry.
| ||||||
| 23 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
| 24 | of Public Act
89-392), the Department shall prepare and submit | ||||||
| 25 | to the Governor and the
General Assembly, a written plan for | ||||||
| 26 | the development of in-state licensed
secure child care | ||||||
| |||||||
| |||||||
| 1 | facilities that care for children who are in need of secure
| ||||||
| 2 | living
arrangements for their health, safety, and well-being. | ||||||
| 3 | For purposes of this
subsection, secure care facility shall | ||||||
| 4 | mean a facility that is designed and
operated to ensure that | ||||||
| 5 | all entrances and exits from the facility, a building
or a | ||||||
| 6 | distinct part of the building, are under the exclusive control | ||||||
| 7 | of the
staff of the facility, whether or not the child has the | ||||||
| 8 | freedom of movement
within the perimeter of the facility, | ||||||
| 9 | building, or distinct part of the
building. The plan shall | ||||||
| 10 | include descriptions of the types of facilities that
are needed | ||||||
| 11 | in Illinois; the cost of developing these secure care | ||||||
| 12 | facilities;
the estimated number of placements; the potential | ||||||
| 13 | cost savings resulting from
the movement of children currently | ||||||
| 14 | out-of-state who are projected to be
returned to Illinois; the | ||||||
| 15 | necessary geographic distribution of these
facilities in | ||||||
| 16 | Illinois; and a proposed timetable for development of such
| ||||||
| 17 | facilities. | ||||||
| 18 | (x) The Department shall conduct annual credit history | ||||||
| 19 | checks to determine the financial history of children placed | ||||||
| 20 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
| 21 | 1987. The Department shall conduct such credit checks starting | ||||||
| 22 | when a ward turns 12 years old and each year thereafter for the | ||||||
| 23 | duration of the guardianship as terminated pursuant to the | ||||||
| 24 | Juvenile Court Act of 1987. The Department shall determine if | ||||||
| 25 | financial exploitation of the child's personal information has | ||||||
| 26 | occurred. If financial exploitation appears to have taken place | ||||||
| |||||||
| |||||||
| 1 | or is presently ongoing, the Department shall notify the proper | ||||||
| 2 | law enforcement agency, the proper State's Attorney, or the | ||||||
| 3 | Attorney General. | ||||||
| 4 | (y) Beginning on the effective date of this amendatory Act | ||||||
| 5 | of the 96th General Assembly, a child with a disability who | ||||||
| 6 | receives residential and educational services from the | ||||||
| 7 | Department shall be eligible to receive transition services in | ||||||
| 8 | accordance with Article 14 of the School Code from the age of | ||||||
| 9 | 14.5 through age 21, inclusive, notwithstanding the child's | ||||||
| 10 | residential services arrangement. For purposes of this | ||||||
| 11 | subsection, "child with a disability" means a child with a | ||||||
| 12 | disability as defined by the federal Individuals with | ||||||
| 13 | Disabilities Education Improvement Act of 2004. | ||||||
| 14 | (z) The Department shall access criminal history record | ||||||
| 15 | information as defined as "background information" in this | ||||||
| 16 | subsection and criminal history record information as defined | ||||||
| 17 | in the Illinois Uniform Conviction Information Act for each | ||||||
| 18 | Department employee or Department applicant. Each Department | ||||||
| 19 | employee or Department applicant shall submit his or her | ||||||
| 20 | fingerprints to the Department of State Police in the form and | ||||||
| 21 | manner prescribed by the Department of State Police. These | ||||||
| 22 | fingerprints shall be checked against the fingerprint records | ||||||
| 23 | now and hereafter filed in the Department of State Police and | ||||||
| 24 | the Federal Bureau of Investigation criminal history records | ||||||
| 25 | databases. The Department of State Police shall charge a fee | ||||||
| 26 | for conducting the criminal history record check, which shall | ||||||
| |||||||
| |||||||
| 1 | be deposited into the State Police Services Fund and shall not | ||||||
| 2 | exceed the actual cost of the record check. The Department of | ||||||
| 3 | State Police shall furnish, pursuant to positive | ||||||
| 4 | identification, all Illinois conviction information to the | ||||||
| 5 | Department of Children and Family Services. | ||||||
| 6 | For purposes of this subsection: | ||||||
| 7 | "Background information" means all of the following: | ||||||
| 8 | (i) Upon the request of the Department of Children and | ||||||
| 9 | Family Services, conviction information obtained from the | ||||||
| 10 | Department of State Police as a result of a | ||||||
| 11 | fingerprint-based criminal history records check of the | ||||||
| 12 | Illinois criminal history records database and the Federal | ||||||
| 13 | Bureau of Investigation criminal history records database | ||||||
| 14 | concerning a Department employee or Department applicant. | ||||||
| 15 | (ii) Information obtained by the Department of | ||||||
| 16 | Children and Family Services after performing a check of | ||||||
| 17 | the Department of State Police's Sex Offender Database, as | ||||||
| 18 | authorized by Section 120 of the Sex Offender Community | ||||||
| 19 | Notification Law, concerning a Department employee or | ||||||
| 20 | Department applicant. | ||||||
| 21 | (iii) Information obtained by the Department of | ||||||
| 22 | Children and Family Services after performing a check of | ||||||
| 23 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
| 24 | operated and maintained by the Department. | ||||||
| 25 | "Department employee" means a full-time or temporary | ||||||
| 26 | employee coded or certified within the State of Illinois | ||||||
| |||||||
| |||||||
| 1 | Personnel System. | ||||||
| 2 | "Department applicant" means an individual who has | ||||||
| 3 | conditional Department full-time or part-time work, a | ||||||
| 4 | contractor, an individual used to replace or supplement staff, | ||||||
| 5 | an academic intern, a volunteer in Department offices or on | ||||||
| 6 | Department contracts, a work-study student, an individual or | ||||||
| 7 | entity licensed by the Department, or an unlicensed service | ||||||
| 8 | provider who works as a condition of a contract or an agreement | ||||||
| 9 | and whose work may bring the unlicensed service provider into | ||||||
| 10 | contact with Department clients or client records. | ||||||
| 11 | (Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14; | ||||||
| 12 | 98-570, eff. 8-27-13; revised 9-4-13.)
| ||||||
| 13 | Section 70. The Department of Commerce and Economic | ||||||
| 14 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
| 15 | amended by changing Sections 605-300 and 605-320 as follows:
| ||||||
| 16 | (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
| ||||||
| 17 | Sec. 605-300. Economic and business development plans; | ||||||
| 18 | Illinois Business Development Council. | ||||||
| 19 | (a) Economic development plans. The Department shall | ||||||
| 20 | develop a strategic economic development plan for the State by | ||||||
| 21 | July 1, 2014. By no later than July 1, 2015, and by July 1 | ||||||
| 22 | annually thereafter, the Department shall make modifications | ||||||
| 23 | to the plan as modifications are warranted by changes in | ||||||
| 24 | economic conditions or by other factors, including changes in | ||||||
| |||||||
| |||||||
| 1 | policy. In addition to the annual modification, the plan shall | ||||||
| 2 | be reviewed and redeveloped in full every 5 years. In the | ||||||
| 3 | development of the annual economic development plan, the | ||||||
| 4 | Department shall consult with representatives of the private | ||||||
| 5 | sector, other State agencies, academic institutions, local | ||||||
| 6 | economic development organizations, local governments, and | ||||||
| 7 | not-for-profit organizations. The annual economic development | ||||||
| 8 | plan shall set specific, measurable, attainable, relevant, and | ||||||
| 9 | time-sensitive goals and shall include a focus on areas of high | ||||||
| 10 | unemployment or poverty. | ||||||
| 11 | The term "economic development" shall be construed broadly | ||||||
| 12 | by the Department and may include, but is not limited to, job | ||||||
| 13 | creation, job retention, tax base enhancements, development of | ||||||
| 14 | human capital, workforce productivity, critical | ||||||
| 15 | infrastructure, regional competitiveness, social inclusion, | ||||||
| 16 | standard of living, environmental sustainability, energy | ||||||
| 17 | independence, quality of life, the effective use of financial | ||||||
| 18 | incentives, the utilization of public private partnerships | ||||||
| 19 | where appropriate, and other metrics determined by the | ||||||
| 20 | Department. | ||||||
| 21 | The plan shall be based on relevant economic data, focus on | ||||||
| 22 | economic development as prescribed by this Section, and | ||||||
| 23 | emphasize strategies to retain and create jobs. | ||||||
| 24 | The plan shall identify and develop specific strategies for | ||||||
| 25 | utilizing the assets of regions within the State defined as | ||||||
| 26 | counties and municipalities or other political subdivisions in | ||||||
| |||||||
| |||||||
| 1 | close geographical proximity that share common economic traits | ||||||
| 2 | such as commuting zones, labor market areas, or other | ||||||
| 3 | economically integrated characteristics. | ||||||
| 4 | If the plan includes strategies that have a fiscal impact | ||||||
| 5 | on the Department or any other agency, the plan shall include a | ||||||
| 6 | detailed description of the estimated fiscal impact of such | ||||||
| 7 | strategies. | ||||||
| 8 | Prior to publishing the plan in its final form, the | ||||||
| 9 | Department shall allow for a reasonable time for public input. | ||||||
| 10 | The Department shall transmit copies of the economic | ||||||
| 11 | development plan to the Governor and the General Assembly no | ||||||
| 12 | later than July 1, 2014, and by July 1 annually thereafter. The | ||||||
| 13 | plan and its corresponding modifications shall be published and | ||||||
| 14 | made available to the public in both paper and electronic | ||||||
| 15 | media, on the Department's website, and by any other method | ||||||
| 16 | that the Department deems appropriate. | ||||||
| 17 | The Department shall annually submit legislation to | ||||||
| 18 | implement the strategic economic development plan or | ||||||
| 19 | modifications to the strategic economic development plan to the | ||||||
| 20 | Governor, the President and Minority Leader of the Senate, and | ||||||
| 21 | the Speaker and the Minority Leader of the House of | ||||||
| 22 | Representatives. The legislation shall be in the form of one or | ||||||
| 23 | more substantive bills drafted by the Legislative Reference | ||||||
| 24 | Bureau. | ||||||
| 25 | (b) Business development plans; Illinois Business | ||||||
| 26 | Development Council. | ||||||
| |||||||
| |||||||
| 1 | (1) There is created the Illinois Business Development | ||||||
| 2 | Council, hereinafter referred to as the Council. The | ||||||
| 3 | Council shall consist of the Director, who shall serve as | ||||||
| 4 | co-chairperson, and 12 voting members who shall be | ||||||
| 5 | appointed by the Governor with the advice and consent of | ||||||
| 6 | the Senate. | ||||||
| 7 | (A) The voting members of the Council shall include | ||||||
| 8 | one representative from each of the following | ||||||
| 9 | businesses and groups: small business, coal, | ||||||
| 10 | healthcare, large manufacturing, small or specialized | ||||||
| 11 | manufacturing, agriculture, high technology or applied | ||||||
| 12 | science, local economic development entities, private | ||||||
| 13 | sector organized labor, a local or state business | ||||||
| 14 | association or chamber of commerce. | ||||||
| 15 | (B) There shall be 2 at-large voting members who | ||||||
| 16 | reside within areas of high unemployment within | ||||||
| 17 | counties or municipalities that have had an annual | ||||||
| 18 | average unemployment rate of at least 120% of the | ||||||
| 19 | State's annual average unemployment rate as reported | ||||||
| 20 | by the Department of Employment Security for the 5 | ||||||
| 21 | years preceding the date of appointment. | ||||||
| 22 | (2) All appointments shall be made in a geographically | ||||||
| 23 | diverse manner. | ||||||
| 24 | (3) For the initial appointments to the Council, 6 | ||||||
| 25 | voting members shall be appointed to serve a 2-year term | ||||||
| 26 | and 6 voting members shall be appointed to serve a 4-year | ||||||
| |||||||
| |||||||
| 1 | term. Thereafter, all appointments shall be for terms of 4 | ||||||
| 2 | years. The initial term of voting members shall commence on | ||||||
| 3 | the first Wednesday in February 2014. Thereafter, the terms | ||||||
| 4 | of voting members shall commence on the first Wednesday in | ||||||
| 5 | February, except in the case of an appointment to fill a | ||||||
| 6 | vacancy. Vacancies occurring among the members shall be | ||||||
| 7 | filled in the same manner as the original appointment for | ||||||
| 8 | the remainder of the unexpired term. For a vacancy | ||||||
| 9 | occurring when the Senate is not in session, the Governor | ||||||
| 10 | may make a temporary appointment until the next meeting of | ||||||
| 11 | the Senate when a person shall be nominated to fill the | ||||||
| 12 | office, and, upon confirmation by the Senate, he or she | ||||||
| 13 | shall hold office during the remainder of the term. A | ||||||
| 14 | vacancy in membership does not impair the ability of a | ||||||
| 15 | quorum to exercise all rights and perform all duties of the | ||||||
| 16 | Council. A member is eligible for reappointment. | ||||||
| 17 | (4) Members shall serve without compensation, but may | ||||||
| 18 | be reimbursed for necessary expenses incurred in the | ||||||
| 19 | performance of their duties from funds appropriated for | ||||||
| 20 | that purpose. | ||||||
| 21 | (5) In addition, the following shall serve as ex | ||||||
| 22 | officio, non-voting members of the Council in order to | ||||||
| 23 | provide specialized advice and support to the Council: the | ||||||
| 24 | Secretary of Transportation, or his or her designee; the | ||||||
| 25 | Director of Employment Security, or his or her designee; | ||||||
| 26 | the Executive Director of the Illinois Finance Authority, | ||||||
| |||||||
| |||||||
| 1 | or his or her designee; the Director of Agriculture, or his | ||||||
| 2 | or her designee; the Director of Revenue, or his or her | ||||||
| 3 | designee; the Director of Labor, or his or her designee; | ||||||
| 4 | and the Director of the Environmental Protection Agency, or | ||||||
| 5 | his or her designee. Ex officio Ex-officio members shall | ||||||
| 6 | provide staff and technical assistance to the Council when | ||||||
| 7 | appropriate. | ||||||
| 8 | (6) In addition to the Director, the voting members | ||||||
| 9 | shall elect a co-chairperson. | ||||||
| 10 | (7) The Council shall meet at least twice annually and | ||||||
| 11 | at such other times as the co-chairpersons or any 5 voting | ||||||
| 12 | members consider necessary. Seven voting members shall | ||||||
| 13 | constitute a quorum of the Council. | ||||||
| 14 | (8) The Department shall provide staff assistance to | ||||||
| 15 | the Council. | ||||||
| 16 | (9) The Council shall provide the Department relevant | ||||||
| 17 | information in a timely manner pursuant to its duties as | ||||||
| 18 | enumerated in
this Section that can be used by the | ||||||
| 19 | Department to enhance the State's strategic economic | ||||||
| 20 | development plan. | ||||||
| 21 | (10) The Council shall: | ||||||
| 22 | (A) Develop an overall strategic business | ||||||
| 23 | development plan for the State of Illinois and update | ||||||
| 24 | the plan at least annually. | ||||||
| 25 | (B) Develop business marketing plans for the State | ||||||
| 26 | of Illinois to effectively solicit new company | ||||||
| |||||||
| |||||||
| 1 | investment and existing business expansion. Insofar as | ||||||
| 2 | allowed under the Illinois Procurement Code, and | ||||||
| 3 | subject to appropriations made by the General Assembly | ||||||
| 4 | for such purposes, the Council may assist the | ||||||
| 5 | Department in the procurement of outside vendors to | ||||||
| 6 | carry out such marketing plans. | ||||||
| 7 | (C) Seek input from local economic development | ||||||
| 8 | officials to develop specific strategies to | ||||||
| 9 | effectively link State and local business development | ||||||
| 10 | and marketing efforts focusing on areas of high | ||||||
| 11 | unemployment or poverty. | ||||||
| 12 | (D) Provide the Department with advice on | ||||||
| 13 | strategic business development
and business marketing | ||||||
| 14 | for the State of Illinois. | ||||||
| 15 | (E) Provide the Department research and recommend | ||||||
| 16 | best practices for developing investment tools for | ||||||
| 17 | business attraction and retention.
| ||||||
| 18 | (Source: P.A. 98-397, eff. 8-16-13; revised 10-8-13.)
| ||||||
| 19 | (20 ILCS 605/605-320) (was 20 ILCS 605/46.5)
| ||||||
| 20 | Sec. 605-320. Encouragement of existing industries. To | ||||||
| 21 | encourage
the growth and expansion of industries now existing
| ||||||
| 22 | within the State by providing comprehensive business services | ||||||
| 23 | and promoting
interdepartmental cooperation for assistance to | ||||||
| 24 | industries.
| ||||||
| 25 | As a condition of any financial incentives provided by the | ||||||
| |||||||
| |||||||
| 1 | Department in the form of (1) tax credits and tax exemptions | ||||||
| 2 | (other than given under tax increment financing) given as an | ||||||
| 3 | incentive to a recipient business organization pursuant to an | ||||||
| 4 | initial certification or an initial designation made by the | ||||||
| 5 | Department under the Economic Development for a Growing Economy | ||||||
| 6 | Tax Credit Act, the River Edge Redevelopment Zone Act, and the | ||||||
| 7 | Illinois Enterprise Zone Act, including the High Impact | ||||||
| 8 | Business program, (2) grants or loans given to a recipient as | ||||||
| 9 | an incentive to a business organization pursuant to the River | ||||||
| 10 | Edge Redevelopment Zone Act, the Large Business Development | ||||||
| 11 | Program, the Business Development Public Infrastructure | ||||||
| 12 | Program, or the Industrial Training Program, the Department | ||||||
| 13 | shall require the recipient of such financial incentives to | ||||||
| 14 | report at least quarterly the number of jobs to be created or | ||||||
| 15 | retained, or both created and retained, by the recipient as a | ||||||
| 16 | result of the financial incentives, including the number of | ||||||
| 17 | full-time, permanent jobs, the number of part-time jobs, and | ||||||
| 18 | the number of temporary jobs. Further, the recipient of such | ||||||
| 19 | financial incentives shall provide the Department at least | ||||||
| 20 | annually a detailed list of the occupation or job | ||||||
| 21 | classifications and number of new employees or retained | ||||||
| 22 | employees to be hired in full-time, permanent jobs, a schedule | ||||||
| 23 | of anticipated starting dates of the new hires and the actual | ||||||
| 24 | average wage by occupation or job classification and total | ||||||
| 25 | payroll to be created as a result of the financial incentives. | ||||||
| 26 | (Source: P.A. 98-397, eff. 8-16-13; revised 10-8-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 75. The Lake Michigan Wind Energy Act is amended by | ||||||
| 2 | changing Section 20 as follows:
| ||||||
| 3 | (20 ILCS 896/20)
| ||||||
| 4 | Sec. 20. Offshore Wind Energy Economic Development Policy | ||||||
| 5 | Task Force. | ||||||
| 6 | (a) The Governor shall convene an Offshore Wind Energy | ||||||
| 7 | Economic Development Policy Task Force, to be chaired by the | ||||||
| 8 | Director of Commerce and Economic Opportunity, or his or her | ||||||
| 9 | designee, to analyze and evaluate policy and economic options | ||||||
| 10 | to facilitate the development of offshore wind energy, and to | ||||||
| 11 | propose an appropriate Illinois mechanism for purchasing and | ||||||
| 12 | selling power from possible offshore wind energy projects. The | ||||||
| 13 | Task Force shall examine mechanisms used in other states and | ||||||
| 14 | jurisdictions, including, without limitation, feed-in tariffs | ||||||
| 15 | feed-in-tariffs, renewable energy certificates, renewable | ||||||
| 16 | energy certificate carve-outs, power purchase agreements, and | ||||||
| 17 | pilot projects. The Task Force shall report its findings and | ||||||
| 18 | recommendations to the Governor and General Assembly by | ||||||
| 19 | December 31, 2013.
| ||||||
| 20 | (b) The Director of the Illinois Power Agency (or his or | ||||||
| 21 | her designee), the Executive Director of the Illinois Commerce | ||||||
| 22 | Commission (or his or her designee), the Director of Natural | ||||||
| 23 | Resources (or his or her designee), and the Attorney General | ||||||
| 24 | (or his or her designee) shall serve as ex officio members of | ||||||
| |||||||
| |||||||
| 1 | the Task Force.
| ||||||
| 2 | (c) The Governor shall appoint the following public members | ||||||
| 3 | to serve on the Task Force:
| ||||||
| 4 | (1) one individual from an institution of higher | ||||||
| 5 | education in Illinois representing the discipline of | ||||||
| 6 | economics with experience in the study of renewable energy;
| ||||||
| 7 | (2) one individual representing an energy industry | ||||||
| 8 | with experience in renewable energy markets;
| ||||||
| 9 | (3) one individual representing a Statewide consumer | ||||||
| 10 | or electric ratepayer organization;
| ||||||
| 11 | (4) one individual representing the offshore wind | ||||||
| 12 | energy industry;
| ||||||
| 13 | (5) one individual representing the wind energy supply | ||||||
| 14 | chain industry;
| ||||||
| 15 | (6) one individual representing an Illinois electrical | ||||||
| 16 | cooperative, municipal electrical utility, or association | ||||||
| 17 | of such cooperatives or utilities;
| ||||||
| 18 | (7) one individual representing an Illinois industrial | ||||||
| 19 | union involved in the construction, maintenance, or | ||||||
| 20 | transportation of electrical generation, distribution, or | ||||||
| 21 | transmission equipment or components;
| ||||||
| 22 | (8) one individual representing an Illinois commercial | ||||||
| 23 | or industrial electrical consumer;
| ||||||
| 24 | (9) one individual representing an Illinois public | ||||||
| 25 | education electrical consumer;
| ||||||
| 26 | (10) one individual representing an independent | ||||||
| |||||||
| |||||||
| 1 | transmission company;
| ||||||
| 2 | (11) one individual from the Illinois legal community | ||||||
| 3 | with experience in contracts, utility law, municipal law, | ||||||
| 4 | and constitutional law;
| ||||||
| 5 | (12) one individual representing a Great Lakes | ||||||
| 6 | regional organization with experience assessing or | ||||||
| 7 | studying wind energy;
| ||||||
| 8 | (13) one individual representing a Statewide | ||||||
| 9 | environmental organization; | ||||||
| 10 | (14) one resident of the State representing an | ||||||
| 11 | organization advocating for persons of low or limited | ||||||
| 12 | incomes;
| ||||||
| 13 | (15) one individual representing Argonne National | ||||||
| 14 | Laboratory; and
| ||||||
| 15 | (16) one individual representing a local community | ||||||
| 16 | that has aggregated the purchase of electricity.
| ||||||
| 17 | (d) The Governor may appoint additional public members to | ||||||
| 18 | the Task Force. | ||||||
| 19 | (e) The Speaker of the House of Representatives, Minority | ||||||
| 20 | Leader of the House of Representatives,
Senate President, and | ||||||
| 21 | Minority Leader of the Senate shall each appoint one member of | ||||||
| 22 | the General Assembly to serve on the Task Force.
| ||||||
| 23 | (f) Members of the Task Force shall serve without | ||||||
| 24 | compensation.
| ||||||
| 25 | (Source: P.A. 98-447, eff. 8-16-13; revised 10-7-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 80. The Mental Health and Developmental | ||||||
| 2 | Disabilities Administrative Act is amended by changing Section | ||||||
| 3 | 14 as follows:
| ||||||
| 4 | (20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
| ||||||
| 5 | Sec. 14. Chester Mental Health Center. To maintain and | ||||||
| 6 | operate a
facility for the care, custody, and treatment of | ||||||
| 7 | persons with mental
illness or habilitation of persons with | ||||||
| 8 | developmental disabilities hereinafter
designated, to be known | ||||||
| 9 | as the Chester Mental Health Center.
| ||||||
| 10 | Within the Chester Mental Health Center there shall be | ||||||
| 11 | confined the
following classes of persons, whose history, in | ||||||
| 12 | the opinion of the
Department, discloses dangerous or violent | ||||||
| 13 | tendencies and who, upon
examination under the direction of the | ||||||
| 14 | Department, have been found a fit
subject for confinement in | ||||||
| 15 | that facility:
| ||||||
| 16 | (a) Any male person who is charged with the commission | ||||||
| 17 | of a
crime but has been acquitted by reason of insanity as | ||||||
| 18 | provided in Section
5-2-4 of the Unified Code of | ||||||
| 19 | Corrections.
| ||||||
| 20 | (b) Any male person who is charged with the commission | ||||||
| 21 | of
a crime but has been found unfit under Article 104 of | ||||||
| 22 | the Code of Criminal
Procedure of 1963.
| ||||||
| 23 | (c) Any male person with mental illness or | ||||||
| 24 | developmental disabilities or
person in need of mental | ||||||
| 25 | treatment now confined under the supervision of the
| ||||||
| |||||||
| |||||||
| 1 | Department or hereafter
admitted to any facility thereof or | ||||||
| 2 | committed thereto by any court of competent
jurisdiction.
| ||||||
| 3 | If and when it shall appear to the facility director of the | ||||||
| 4 | Chester Mental
Health Center that it is necessary to confine | ||||||
| 5 | persons in order to maintain
security or provide for the | ||||||
| 6 | protection and safety of recipients and staff, the
Chester | ||||||
| 7 | Mental Health Center may confine all persons on a unit to their | ||||||
| 8 | rooms.
This period of confinement shall not exceed 10 hours in | ||||||
| 9 | a 24 hour period,
including the recipient's scheduled hours of | ||||||
| 10 | sleep, unless approved by the
Secretary of the Department. | ||||||
| 11 | During the period of
confinement, the
persons confined shall be | ||||||
| 12 | observed at least every 15 minutes. A record shall
be kept of | ||||||
| 13 | the observations. This confinement shall not be considered
| ||||||
| 14 | seclusion as defined in the Mental Health and Developmental | ||||||
| 15 | Disabilities
Code.
| ||||||
| 16 | The facility director of the Chester Mental Health Center | ||||||
| 17 | may authorize
the temporary use of handcuffs on a recipient for | ||||||
| 18 | a period not to exceed 10
minutes when necessary in the course | ||||||
| 19 | of transport of the recipient within the
facility to maintain | ||||||
| 20 | custody or security. Use of handcuffs is subject to the
| ||||||
| 21 | provisions of Section 2-108 of the Mental Health and | ||||||
| 22 | Developmental Disabilities
Code. The facility shall keep a | ||||||
| 23 | monthly record listing each instance in which
handcuffs are | ||||||
| 24 | used, circumstances indicating the need for use of handcuffs, | ||||||
| 25 | and
time of application of handcuffs and time of release | ||||||
| 26 | therefrom. The facility
director shall allow the Illinois | ||||||
| |||||||
| |||||||
| 1 | Guardianship and Advocacy Commission, the
agency designated by | ||||||
| 2 | the Governor under Section 1 of the Protection and
Advocacy for | ||||||
| 3 | Developmentally Disabled Persons Act, and the Department to
| ||||||
| 4 | examine and copy such record upon request.
| ||||||
| 5 | The facility director of the Chester Mental Health Center | ||||||
| 6 | may authorize the temporary use of transport devices on a civil | ||||||
| 7 | recipient when necessary in the course of transport of the | ||||||
| 8 | civil recipient outside the facility to maintain custody or | ||||||
| 9 | security. The decision whether to use any transport devices | ||||||
| 10 | shall be reviewed and approved on an individualized basis by a | ||||||
| 11 | physician based upon a determination of the civil recipient's: | ||||||
| 12 | (1) history of violence, (2) history of violence during | ||||||
| 13 | transports, (3) history of escapes and escape attempts, (4) | ||||||
| 14 | history of trauma, (5) history of incidents of restraint or | ||||||
| 15 | seclusion and use of involuntary medication, (6) current | ||||||
| 16 | functioning level and medical status, and (7) prior experience | ||||||
| 17 | during similar transports, and (8) the length, duration, and | ||||||
| 18 | purpose of the transport. The least restrictive transport | ||||||
| 19 | device consistent with the individual's need shall be used. | ||||||
| 20 | Staff transporting the individual shall be trained in the use | ||||||
| 21 | of the transport devices, recognizing and responding to a | ||||||
| 22 | person in distress, and shall observe and monitor the | ||||||
| 23 | individual while being transported. The facility shall keep a | ||||||
| 24 | monthly record listing all transports, including those | ||||||
| 25 | transports for which use of transport devices was were not | ||||||
| 26 | sought, those for which use of transport devices was were | ||||||
| |||||||
| |||||||
| 1 | sought but denied, and each instance in which transport devices | ||||||
| 2 | are used, circumstances indicating the need for use of | ||||||
| 3 | transport devices, time of application of transport devices, | ||||||
| 4 | time of release from those devices, and any adverse events. The | ||||||
| 5 | facility director shall allow the Illinois Guardianship and | ||||||
| 6 | Advocacy Commission, the agency designated by the Governor | ||||||
| 7 | under Section 1 of the Protection and Advocacy for | ||||||
| 8 | Developmentally Disabled Persons Act, and the Department to | ||||||
| 9 | examine and copy the record upon request. This use of transport | ||||||
| 10 | devices shall not be considered restraint as defined in the | ||||||
| 11 | Mental Health and Developmental Disabilities Code. For the | ||||||
| 12 | purpose of this Section "transport device" means ankle cuffs, | ||||||
| 13 | handcuffs, waist chains or wrist-waist devices designed to | ||||||
| 14 | restrict an individual's range of motion while being | ||||||
| 15 | transported. These devices must be approved by the Division of | ||||||
| 16 | Mental Health, used in accordance with the manufacturer's | ||||||
| 17 | instructions, and used only by qualified staff members who have | ||||||
| 18 | completed all training required to be eligible to transport | ||||||
| 19 | patients and all other required training relating to the safe | ||||||
| 20 | use and application of transport devices, including | ||||||
| 21 | recognizing and responding to signs of distress in an | ||||||
| 22 | individual whose movement is being restricted by a transport | ||||||
| 23 | device. | ||||||
| 24 | If and when it shall appear to the satisfaction of the | ||||||
| 25 | Department that
any person confined in the Chester Mental | ||||||
| 26 | Health Center is not or has
ceased to be such a source of | ||||||
| |||||||
| |||||||
| 1 | danger to the public as to require his
subjection to the | ||||||
| 2 | regimen of the center, the Department is hereby
authorized to | ||||||
| 3 | transfer such person to any State facility for treatment of
| ||||||
| 4 | persons with mental illness or habilitation of persons with | ||||||
| 5 | developmental
disabilities, as the nature of the individual | ||||||
| 6 | case may require.
| ||||||
| 7 | Subject to the provisions of this Section, the Department, | ||||||
| 8 | except where
otherwise provided by law, shall, with respect to | ||||||
| 9 | the management, conduct
and control of the Chester Mental | ||||||
| 10 | Health Center and the discipline, custody
and treatment of the | ||||||
| 11 | persons confined therein, have and exercise the same
rights and | ||||||
| 12 | powers as are vested by law in the Department with respect to
| ||||||
| 13 | any and all of the State facilities for treatment of persons | ||||||
| 14 | with mental
illness or habilitation of persons with | ||||||
| 15 | developmental disabilities, and the
recipients thereof, and | ||||||
| 16 | shall be subject to the same duties as are imposed by
law upon | ||||||
| 17 | the Department with respect to such facilities and the | ||||||
| 18 | recipients
thereof. | ||||||
| 19 | The Department may elect to place persons who have been | ||||||
| 20 | ordered by the court to be detained under the Sexually Violent | ||||||
| 21 | Persons Commitment Act in a distinct portion of the Chester | ||||||
| 22 | Mental Health Center. The persons so placed shall be separated | ||||||
| 23 | and shall not comingle with the recipients of the Chester | ||||||
| 24 | Mental Health Center. The portion of Chester Mental Health | ||||||
| 25 | Center that is used for the persons detained under the Sexually | ||||||
| 26 | Violent Persons Commitment Act shall not be a part of the | ||||||
| |||||||
| |||||||
| 1 | mental health facility for the enforcement and implementation | ||||||
| 2 | of the Mental Health and Developmental Disabilities Code nor | ||||||
| 3 | shall their care and treatment be subject to the provisions of | ||||||
| 4 | the Mental Health and Developmental Disabilities Code. The | ||||||
| 5 | changes added to this Section by this amendatory Act of the | ||||||
| 6 | 98th General Assembly are inoperative on and after June 30, | ||||||
| 7 | 2015.
| ||||||
| 8 | (Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13; | ||||||
| 9 | revised 9-4-13.)
| ||||||
| 10 | Section 85. The Department of Professional Regulation Law | ||||||
| 11 | of the
Civil Administrative Code of Illinois is amended by | ||||||
| 12 | changing Section 2105-15 as follows:
| ||||||
| 13 | (20 ILCS 2105/2105-15)
| ||||||
| 14 | Sec. 2105-15. General powers and duties.
| ||||||
| 15 | (a) The Department has, subject to the provisions of the | ||||||
| 16 | Civil
Administrative Code of Illinois, the following powers and | ||||||
| 17 | duties:
| ||||||
| 18 | (1) To authorize examinations in English to ascertain | ||||||
| 19 | the qualifications
and fitness of applicants to exercise | ||||||
| 20 | the profession, trade, or occupation for
which the | ||||||
| 21 | examination is held.
| ||||||
| 22 | (2) To prescribe rules and regulations for a fair and | ||||||
| 23 | wholly
impartial method of examination of candidates to | ||||||
| 24 | exercise the respective
professions, trades, or | ||||||
| |||||||
| |||||||
| 1 | occupations.
| ||||||
| 2 | (3) To pass upon the qualifications of applicants for | ||||||
| 3 | licenses,
certificates, and authorities, whether by | ||||||
| 4 | examination, by reciprocity, or by
endorsement.
| ||||||
| 5 | (4) To prescribe rules and regulations defining, for | ||||||
| 6 | the
respective
professions, trades, and occupations, what | ||||||
| 7 | shall constitute a school,
college, or university, or | ||||||
| 8 | department of a university, or other
institution, | ||||||
| 9 | reputable and in good standing, and to determine the
| ||||||
| 10 | reputability and good standing of a school, college, or | ||||||
| 11 | university, or
department of a university, or other | ||||||
| 12 | institution, reputable and in good
standing, by reference | ||||||
| 13 | to a compliance with those rules and regulations;
provided, | ||||||
| 14 | that no school, college, or university, or department of a
| ||||||
| 15 | university, or other institution that refuses admittance | ||||||
| 16 | to applicants
solely on account of race, color, creed, sex, | ||||||
| 17 | or national origin shall be
considered reputable and in | ||||||
| 18 | good standing.
| ||||||
| 19 | (5) To conduct hearings on proceedings to revoke, | ||||||
| 20 | suspend, refuse to
renew, place on probationary status, or | ||||||
| 21 | take other disciplinary action
as authorized in any | ||||||
| 22 | licensing Act administered by the Department
with regard to | ||||||
| 23 | licenses, certificates, or authorities of persons
| ||||||
| 24 | exercising the respective professions, trades, or | ||||||
| 25 | occupations and to
revoke, suspend, refuse to renew, place | ||||||
| 26 | on probationary status, or take
other disciplinary action | ||||||
| |||||||
| |||||||
| 1 | as authorized in any licensing Act
administered by the | ||||||
| 2 | Department with regard to those licenses,
certificates, or | ||||||
| 3 | authorities. The Department shall issue a monthly
| ||||||
| 4 | disciplinary report. The Department shall deny any license | ||||||
| 5 | or
renewal authorized by the Civil Administrative Code of | ||||||
| 6 | Illinois to any person
who has defaulted on an
educational | ||||||
| 7 | loan or scholarship provided by or guaranteed by the | ||||||
| 8 | Illinois
Student Assistance Commission or any governmental | ||||||
| 9 | agency of this State;
however, the Department may issue a | ||||||
| 10 | license or renewal if the
aforementioned persons have | ||||||
| 11 | established a satisfactory repayment record as
determined | ||||||
| 12 | by the Illinois Student Assistance Commission or other | ||||||
| 13 | appropriate
governmental agency of this State. | ||||||
| 14 | Additionally, beginning June 1, 1996,
any license issued by | ||||||
| 15 | the Department may be suspended or revoked if the
| ||||||
| 16 | Department, after the opportunity for a hearing under the | ||||||
| 17 | appropriate licensing
Act, finds that the licensee has | ||||||
| 18 | failed to make satisfactory repayment to the
Illinois | ||||||
| 19 | Student Assistance Commission for a delinquent or | ||||||
| 20 | defaulted loan.
For the purposes of this Section, | ||||||
| 21 | "satisfactory repayment record" shall be
defined by rule. | ||||||
| 22 | The Department shall refuse to issue or renew a license to,
| ||||||
| 23 | or shall suspend or revoke a license of, any person who, | ||||||
| 24 | after receiving
notice, fails to comply with a subpoena or | ||||||
| 25 | warrant relating to a paternity or
child support | ||||||
| 26 | proceeding. However, the Department may issue a license or
| ||||||
| |||||||
| |||||||
| 1 | renewal upon compliance with the subpoena or warrant.
| ||||||
| 2 | The Department, without further process or hearings, | ||||||
| 3 | shall revoke, suspend,
or deny any license or renewal | ||||||
| 4 | authorized by the Civil Administrative Code of
Illinois to | ||||||
| 5 | a person who is certified by the Department of Healthcare | ||||||
| 6 | and Family Services (formerly Illinois Department of | ||||||
| 7 | Public Aid)
as being more than 30 days delinquent in | ||||||
| 8 | complying with a child support order
or who is certified by | ||||||
| 9 | a court as being in violation of the Non-Support
Punishment | ||||||
| 10 | Act for more than 60 days. The Department may, however, | ||||||
| 11 | issue a
license or renewal if the person has established a | ||||||
| 12 | satisfactory repayment
record as determined by the | ||||||
| 13 | Department of Healthcare and Family Services (formerly
| ||||||
| 14 | Illinois Department of Public Aid) or if the person
is | ||||||
| 15 | determined by the court to be in compliance with the | ||||||
| 16 | Non-Support Punishment
Act. The Department may implement | ||||||
| 17 | this paragraph as added by Public Act 89-6
through the use | ||||||
| 18 | of emergency rules in accordance with Section 5-45 of the
| ||||||
| 19 | Illinois Administrative Procedure Act. For purposes of the | ||||||
| 20 | Illinois
Administrative Procedure Act, the adoption of | ||||||
| 21 | rules to implement this
paragraph shall be considered an | ||||||
| 22 | emergency and necessary for the public
interest, safety, | ||||||
| 23 | and welfare.
| ||||||
| 24 | (6) To transfer jurisdiction of any realty under the | ||||||
| 25 | control of the
Department to any other department of the | ||||||
| 26 | State Government or to acquire
or accept federal lands when | ||||||
| |||||||
| |||||||
| 1 | the transfer, acquisition, or acceptance is
advantageous | ||||||
| 2 | to the State and is approved in writing by the Governor.
| ||||||
| 3 | (7) To formulate rules and regulations necessary for | ||||||
| 4 | the enforcement of
any Act administered by the Department.
| ||||||
| 5 | (8) To exchange with the Department of Healthcare and | ||||||
| 6 | Family Services information
that may be necessary for the | ||||||
| 7 | enforcement of child support orders entered
pursuant to the | ||||||
| 8 | Illinois Public Aid Code, the Illinois Marriage and | ||||||
| 9 | Dissolution
of Marriage Act, the Non-Support of Spouse and | ||||||
| 10 | Children Act, the Non-Support
Punishment Act, the Revised | ||||||
| 11 | Uniform Reciprocal Enforcement of Support Act, the
Uniform | ||||||
| 12 | Interstate Family Support Act, or the Illinois Parentage | ||||||
| 13 | Act of 1984.
Notwithstanding any provisions in this Code to | ||||||
| 14 | the contrary, the Department of
Professional Regulation | ||||||
| 15 | shall not be liable under any federal or State law to
any | ||||||
| 16 | person for any disclosure of information to the Department | ||||||
| 17 | of Healthcare and Family Services (formerly Illinois | ||||||
| 18 | Department of
Public Aid)
under this paragraph (8) or for | ||||||
| 19 | any other action taken in good faith
to comply with the | ||||||
| 20 | requirements of this paragraph (8).
| ||||||
| 21 | (9) To perform other duties prescribed
by law.
| ||||||
| 22 | (a-5) Except in cases involving default on an educational | ||||||
| 23 | loan or scholarship provided by or guaranteed by the Illinois | ||||||
| 24 | Student Assistance Commission or any governmental agency of | ||||||
| 25 | this State or in cases involving delinquency in complying with | ||||||
| 26 | a child support order or violation of the Non-Support | ||||||
| |||||||
| |||||||
| 1 | Punishment Act, no person or entity whose license, certificate, | ||||||
| 2 | or authority has been revoked as authorized in any licensing | ||||||
| 3 | Act administered by the Department may apply for restoration of | ||||||
| 4 | that license, certification, or authority until 3 years after | ||||||
| 5 | the effective date of the revocation. | ||||||
| 6 | (b) The Department may, when a fee is payable to the | ||||||
| 7 | Department for a wall
certificate of registration provided by | ||||||
| 8 | the Department of Central Management
Services, require that | ||||||
| 9 | portion of the payment for printing and distribution
costs be | ||||||
| 10 | made directly or through the Department to the Department of | ||||||
| 11 | Central
Management Services for deposit into the Paper and | ||||||
| 12 | Printing Revolving Fund.
The remainder shall be deposited into | ||||||
| 13 | the General Revenue Fund.
| ||||||
| 14 | (c) For the purpose of securing and preparing evidence, and | ||||||
| 15 | for the purchase
of controlled substances, professional | ||||||
| 16 | services, and equipment necessary for
enforcement activities, | ||||||
| 17 | recoupment of investigative costs, and other activities
| ||||||
| 18 | directed at suppressing the misuse and abuse of controlled | ||||||
| 19 | substances,
including those activities set forth in Sections | ||||||
| 20 | 504 and 508 of the Illinois
Controlled Substances Act, the | ||||||
| 21 | Director and agents appointed and authorized by
the Director | ||||||
| 22 | may expend sums from the Professional Regulation Evidence Fund
| ||||||
| 23 | that the Director deems necessary from the amounts appropriated | ||||||
| 24 | for that
purpose. Those sums may be advanced to the agent when | ||||||
| 25 | the Director deems that
procedure to be in the public interest. | ||||||
| 26 | Sums for the purchase of controlled
substances, professional | ||||||
| |||||||
| |||||||
| 1 | services, and equipment necessary for enforcement
activities | ||||||
| 2 | and other activities as set forth in this Section shall be | ||||||
| 3 | advanced
to the agent who is to make the purchase from the | ||||||
| 4 | Professional Regulation
Evidence Fund on vouchers signed by the | ||||||
| 5 | Director. The Director and those
agents are authorized to | ||||||
| 6 | maintain one or more commercial checking accounts with
any | ||||||
| 7 | State banking corporation or corporations organized under or | ||||||
| 8 | subject to the
Illinois Banking Act for the deposit and | ||||||
| 9 | withdrawal of moneys to be used for
the purposes set forth in | ||||||
| 10 | this Section; provided, that no check may be written
nor any | ||||||
| 11 | withdrawal made from any such account except upon the written
| ||||||
| 12 | signatures of 2 persons designated by the Director to write | ||||||
| 13 | those checks and
make those withdrawals. Vouchers for those | ||||||
| 14 | expenditures must be signed by the
Director. All such | ||||||
| 15 | expenditures shall be audited by the Director, and the
audit | ||||||
| 16 | shall be submitted to the Department of Central Management | ||||||
| 17 | Services for
approval.
| ||||||
| 18 | (d) Whenever the Department is authorized or required by | ||||||
| 19 | law to consider
some aspect of criminal history record | ||||||
| 20 | information for the purpose of carrying
out its statutory | ||||||
| 21 | powers and responsibilities, then, upon request and payment
of | ||||||
| 22 | fees in conformance with the requirements of Section 2605-400 | ||||||
| 23 | of the
Department of State Police Law (20 ILCS 2605/2605-400), | ||||||
| 24 | the Department of State
Police is authorized to furnish, | ||||||
| 25 | pursuant to positive identification, the
information contained | ||||||
| 26 | in State files that is necessary to fulfill the request.
| ||||||
| |||||||
| |||||||
| 1 | (e) The provisions of this Section do not apply to private | ||||||
| 2 | business and
vocational schools as defined by Section 15 of the | ||||||
| 3 | Private Business and
Vocational Schools Act of 2012.
| ||||||
| 4 | (f) Beginning July 1, 1995, this Section does not apply to | ||||||
| 5 | those
professions, trades, and occupations licensed under the | ||||||
| 6 | Real Estate License
Act of 2000, nor does it apply to any | ||||||
| 7 | permits, certificates, or other
authorizations to do business | ||||||
| 8 | provided for in the Land Sales Registration Act
of 1989 or the | ||||||
| 9 | Illinois Real Estate Time-Share Act.
| ||||||
| 10 | (g) Notwithstanding anything that may appear in any | ||||||
| 11 | individual licensing statute or administrative rule, the | ||||||
| 12 | Department shall deny any license application or renewal | ||||||
| 13 | authorized under any licensing Act administered by the | ||||||
| 14 | Department to any person who has failed to file a return, or to | ||||||
| 15 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
| 16 | to pay any final assessment of tax, penalty, or interest, as | ||||||
| 17 | required by any tax Act administered by the Illinois Department | ||||||
| 18 | of Revenue, until such time as the requirement of any such tax | ||||||
| 19 | Act are satisfied; however, the Department may issue a license | ||||||
| 20 | or renewal if the person has established a satisfactory | ||||||
| 21 | repayment record as determined by the Illinois Department of | ||||||
| 22 | Revenue. For the purpose of this Section, "satisfactory | ||||||
| 23 | repayment record" shall be defined by rule.
| ||||||
| 24 | In addition, a complaint filed with the Department by the | ||||||
| 25 | Illinois Department of Revenue that includes a certification, | ||||||
| 26 | signed by its Director or designee, attesting to the amount of | ||||||
| |||||||
| |||||||
| 1 | the unpaid tax liability or the years for which a return was | ||||||
| 2 | not filed, or both, is prima facie facia evidence of the | ||||||
| 3 | licensee's failure to comply with the tax laws administered by | ||||||
| 4 | the Illinois Department of Revenue. Upon receipt of that | ||||||
| 5 | certification, the Department shall, without a hearing, | ||||||
| 6 | immediately suspend all licenses held by the licensee. | ||||||
| 7 | Enforcement of the Department's order shall be stayed for 60 | ||||||
| 8 | days. The Department shall provide notice of the suspension to | ||||||
| 9 | the licensee by mailing a copy of the Department's order by | ||||||
| 10 | certified and regular mail to the licensee's last known address | ||||||
| 11 | as registered with the Department. The notice shall advise the | ||||||
| 12 | licensee that the suspension shall be effective 60 days after | ||||||
| 13 | the issuance of the Department's order unless the Department | ||||||
| 14 | receives, from the licensee, a request for a hearing before the | ||||||
| 15 | Department to dispute the matters contained in the order.
| ||||||
| 16 | Any suspension imposed under this subsection (g) shall be | ||||||
| 17 | terminated by the Department upon notification from the | ||||||
| 18 | Illinois Department of Revenue that the licensee is in | ||||||
| 19 | compliance with all tax laws administered by the Illinois | ||||||
| 20 | Department of Revenue.
| ||||||
| 21 | The Department shall promulgate rules for the | ||||||
| 22 | administration of this subsection (g).
| ||||||
| 23 | (h) The Department may grant the title "Retired", to be | ||||||
| 24 | used immediately adjacent to the title of a profession | ||||||
| 25 | regulated by the Department, to eligible retirees. The use of | ||||||
| 26 | the title "Retired" shall not constitute representation of | ||||||
| |||||||
| |||||||
| 1 | current licensure, registration, or certification. Any person | ||||||
| 2 | without an active license, registration, or certificate in a | ||||||
| 3 | profession that requires licensure, registration, or | ||||||
| 4 | certification shall not be permitted to practice that | ||||||
| 5 | profession. | ||||||
| 6 | (i) Within 180 days after December 23, 2009 (the effective | ||||||
| 7 | date of Public Act 96-852), the Department shall promulgate | ||||||
| 8 | rules which permit a person with a criminal record, who seeks a | ||||||
| 9 | license or certificate in an occupation for which a criminal | ||||||
| 10 | record is not expressly a per se bar, to apply to the | ||||||
| 11 | Department for a non-binding, advisory opinion to be provided | ||||||
| 12 | by the Board or body with the authority to issue the license or | ||||||
| 13 | certificate as to whether his or her criminal record would bar | ||||||
| 14 | the individual from the licensure or certification sought, | ||||||
| 15 | should the individual meet all other licensure requirements | ||||||
| 16 | including, but not limited to, the successful completion of the | ||||||
| 17 | relevant examinations. | ||||||
| 18 | (Source: P.A. 96-459, eff. 8-14-09; 96-852, eff. 12-23-09; | ||||||
| 19 | 96-1000, eff. 7-2-10; 97-650, eff. 2-1-12; revised 9-9-13.)
| ||||||
| 20 | Section 90. The Department of Public Health Powers and | ||||||
| 21 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
| 22 | amended by setting forth, renumbering, and changing multiple | ||||||
| 23 | versions of Section 2310-665 as follows:
| ||||||
| 24 | (20 ILCS 2310/2310-665) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2310-665. Educational materials on streptococcal | ||||||
| 2 | infection. The Department, in conjunction with the Illinois | ||||||
| 3 | State Board of Education, shall develop educational material on | ||||||
| 4 | streptococcal infection for distribution in elementary and | ||||||
| 5 | secondary schools. The material shall include, but not be | ||||||
| 6 | limited to: | ||||||
| 7 | (1) a process to notify parents or guardians of an | ||||||
| 8 | outbreak in the school; | ||||||
| 9 | (2) a process to provide information on all of the | ||||||
| 10 | symptoms of streptococcal infection to teachers, parents, | ||||||
| 11 | and students; and | ||||||
| 12 | (3) guidelines for schools to control the spread of | ||||||
| 13 | streptococcal infections.
| ||||||
| 14 | (Source: P.A. 98-236, eff. 8-9-13; revised 9-12-13.)
| ||||||
| 15 | (20 ILCS 2310/2310-670) | ||||||
| 16 | Sec. 2310-670 2310-665. Breast cancer patient education. | ||||||
| 17 | (a) The General Assembly makes the following findings: | ||||||
| 18 | (1) Annually, about 207,090 new cases of breast cancer | ||||||
| 19 | are diagnosed, according to the American Cancer Society. | ||||||
| 20 | (2) Breast cancer has a disproportionate and | ||||||
| 21 | detrimental impact on African-American women and is the | ||||||
| 22 | most common cancer among Hispanic and Latina women. | ||||||
| 23 | (3) African-American women under the age of 40 have a | ||||||
| 24 | greater incidence of breast cancer than Caucasian women of | ||||||
| 25 | the same age. | ||||||
| |||||||
| |||||||
| 1 | (4) Individuals undergoing surgery for breast cancer | ||||||
| 2 | should give due consideration to the option of breast | ||||||
| 3 | reconstructive surgery, either at the same time as the | ||||||
| 4 | breast cancer surgery or at a later date. | ||||||
| 5 | (5) According to the American Cancer Society, | ||||||
| 6 | immediate breast reconstruction offers the advantage of | ||||||
| 7 | combining the breast cancer surgery with the | ||||||
| 8 | reconstructive surgery and is cost effective. | ||||||
| 9 | (6) According to the American Cancer Society, delayed | ||||||
| 10 | breast reconstruction may be advantageous in women who | ||||||
| 11 | require post-surgical radiation or other treatments. | ||||||
| 12 | (7) A woman suffering from the loss of her breast may | ||||||
| 13 | not be a candidate for surgical breast reconstruction or | ||||||
| 14 | may choose not to undergo additional surgery and instead | ||||||
| 15 | choose breast prostheses. | ||||||
| 16 | (8) The federal Women's Health and Cancer Rights Act of | ||||||
| 17 | 1998 requires health plans that offer breast cancer | ||||||
| 18 | coverage to also provide for breast reconstruction. | ||||||
| 19 | (9) Required coverage for breast reconstruction | ||||||
| 20 | includes all the necessary stages of reconstruction. | ||||||
| 21 | Surgery of the opposite breast for symmetry may be | ||||||
| 22 | required. Breast prostheses may be necessary. Other | ||||||
| 23 | sequelae of breast cancer treatment, such as lymphedema, | ||||||
| 24 | must be covered. | ||||||
| 25 | (10) Several states have enacted laws to require that | ||||||
| 26 | women receive information on their breast cancer treatment | ||||||
| |||||||
| |||||||
| 1 | and reconstruction options. | ||||||
| 2 | (b) In this Section: | ||||||
| 3 | "Hispanic" has the same meaning as in Section 1707 of | ||||||
| 4 | the federal Public Health Services Act. | ||||||
| 5 | "Racial and ethnic minority group" has the same meaning | ||||||
| 6 | as in Section 1707 of the federal Public Health Services | ||||||
| 7 | Act. | ||||||
| 8 | (c) The Director shall provide for the planning and | ||||||
| 9 | implementation of an education campaign to inform breast cancer | ||||||
| 10 | patients, especially those in racial and ethnic minority | ||||||
| 11 | groups, anticipating surgery regarding the availability and | ||||||
| 12 | coverage of breast reconstruction, prostheses, and other | ||||||
| 13 | options. The
campaign shall include the dissemination, at a | ||||||
| 14 | minimum, on relevant State health Internet websites, including | ||||||
| 15 | the Department of Public Health's Internet website, of the | ||||||
| 16 | following information: | ||||||
| 17 | (1) Breast reconstruction is possible at the time of | ||||||
| 18 | breast cancer surgery or in a delayed fashion. | ||||||
| 19 | (2) Prostheses or breast forms may be available. | ||||||
| 20 | (3) Federal law mandates both public and private health | ||||||
| 21 | plans to include coverage of breast reconstruction and | ||||||
| 22 | prostheses. | ||||||
| 23 | (4) The patient has a right to choose the provider of | ||||||
| 24 | reconstructive care, including the potential transfer of | ||||||
| 25 | care to a surgeon that provides breast reconstructive care. | ||||||
| 26 | (5) The patient may opt to undergo breast | ||||||
| |||||||
| |||||||
| 1 | reconstruction in a delayed fashion for personal reasons or | ||||||
| 2 | after completion of all other breast cancer treatments. | ||||||
| 3 | The campaign may include dissemination of such other | ||||||
| 4 | information, whether developed by the Director or by other | ||||||
| 5 | entities, as the Director determines relevant.
The campaign | ||||||
| 6 | shall not specify, or be designed to serve as a tool to limit, | ||||||
| 7 | the health care providers available to patients. | ||||||
| 8 | (d) In developing the information to be disseminated under | ||||||
| 9 | this Section, the Director shall consult with appropriate | ||||||
| 10 | medical societies and patient advocates related to breast | ||||||
| 11 | cancer, patient advocates representing racial and ethnic | ||||||
| 12 | minority groups, with a special emphasis on African-American | ||||||
| 13 | and Hispanic populations' population's breast reconstructive | ||||||
| 14 | surgery, and breast prostheses and breast forms. | ||||||
| 15 | (e) Beginning no later than January 1, 2016 (2 years after | ||||||
| 16 | the effective date of Public Act 98-479) this amendatory Act of | ||||||
| 17 | the 98th General Assembly and continuing each second year | ||||||
| 18 | thereafter, the Director shall submit to the General Assembly a | ||||||
| 19 | report describing the activities carried out under this Section | ||||||
| 20 | during the preceding 2 fiscal years, including evaluating the | ||||||
| 21 | extent to which the activities have been effective in improving | ||||||
| 22 | the health of racial and ethnic minority groups.
| ||||||
| 23 | (Source: P.A. 98-479, eff. 1-1-14; revised 9-12-13.)
| ||||||
| 24 | (20 ILCS 2310/2310-675) | ||||||
| 25 | (Section scheduled to be repealed on January 1, 2016) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2310-675 2310-665. Hepatitis C Task Force. | ||||||
| 2 | (a) The General Assembly finds and declares the following: | ||||||
| 3 | (1) Viral hepatitis is a contagious and | ||||||
| 4 | life-threatening disease that has a substantial and | ||||||
| 5 | increasing effect upon the lifespans and quality of life of | ||||||
| 6 | at least 5,000,000 persons living in the United States and | ||||||
| 7 | as many as 180,000,000 worldwide. According to the U.S. | ||||||
| 8 | Department of Health and Human Services (HHS), the chronic | ||||||
| 9 | form of the hepatitis C virus (HCV) and hepatitis B virus | ||||||
| 10 | (HBV) account for the vast majority of hepatitis-related | ||||||
| 11 | mortalities in the U.S., yet as many as 65% to 75% of | ||||||
| 12 | infected Americans remain unaware that they are infected | ||||||
| 13 | with the virus, prompting the U.S. Centers for Disease | ||||||
| 14 | Control and Prevention (CDC) to label these viruses as the | ||||||
| 15 | silent epidemic. HCV and HBV are major public health | ||||||
| 16 | problems that cause chronic liver diseases, such as | ||||||
| 17 | cirrhosis, liver failure, and liver cancer. The 5-year | ||||||
| 18 | survival rate for primary liver cancer is less than 5%. | ||||||
| 19 | These viruses are also the leading cause of liver | ||||||
| 20 | transplantation in the United States. While there is a | ||||||
| 21 | vaccine for HBV, no vaccine exists for HCV. However, there | ||||||
| 22 | are anti-viral treatments for HCV that can improve the | ||||||
| 23 | prognosis or actually clear the virus from the patient's | ||||||
| 24 | system. Unfortunately, the vast majority of infected | ||||||
| 25 | patients remain unaware that they have the virus since | ||||||
| 26 | there are generally no symptoms. Therefore, there is a dire | ||||||
| |||||||
| |||||||
| 1 | need to aid the public in identifying certain risk factors | ||||||
| 2 | that would warrant testing for these viruses. Millions of | ||||||
| 3 | infected patients remain undiagnosed and continue to be at | ||||||
| 4 | elevated risks for developing more serious complications. | ||||||
| 5 | More needs to be done to educate the public about this | ||||||
| 6 | disease and the risk factors that warrant testing. In some | ||||||
| 7 | cases, infected patients play an unknowing role in further | ||||||
| 8 | spreading this infectious disease. | ||||||
| 9 | (2) The existence of HCV was definitively published and | ||||||
| 10 | discovered by medical researchers in 1989. Prior to this | ||||||
| 11 | date, HCV is believed to have spread unchecked. The | ||||||
| 12 | American Association for the Study of Liver Diseases | ||||||
| 13 | (AASLD) recommends that primary care physicians screen all | ||||||
| 14 | patients for a history of any viral hepatitis risk factor | ||||||
| 15 | and test those individuals with at least one identifiable | ||||||
| 16 | risk factor for the virus. Some of the most common risk | ||||||
| 17 | factors have been identified by AASLD, HHS, and the U.S. | ||||||
| 18 | Department of Veterans Affairs, as well as other public | ||||||
| 19 | health and medical research organizations, and include the | ||||||
| 20 | following: | ||||||
| 21 | (A) anyone who has received a blood transfusion | ||||||
| 22 | prior to 1992; | ||||||
| 23 | (B) anyone who is a Vietnam-era veteran; | ||||||
| 24 | (C) anyone who has abnormal liver function tests; | ||||||
| 25 | (D) anyone infected with the HIV virus; | ||||||
| 26 | (E) anyone who has used a needle to inject drugs; | ||||||
| |||||||
| |||||||
| 1 | (F) any health care, emergency medical, or public | ||||||
| 2 | safety worker who has been stuck by a needle or exposed | ||||||
| 3 | to any mucosal fluids of an HCV-infected person; and | ||||||
| 4 | (G) any children born to HCV-infected mothers. | ||||||
| 5 | A 1994 study determined that Caucasian Americans | ||||||
| 6 | statistically accounted for the most number of infected | ||||||
| 7 | persons in the United States, while the highest incidence | ||||||
| 8 | rates were among African and Hispanic Americans. | ||||||
| 9 | (3) In January of 2010, the Institute of Medicine | ||||||
| 10 | (IOM), commissioned by the CDC, issued a comprehensive | ||||||
| 11 | report entitled Hepatitis and Liver Cancer: A National | ||||||
| 12 | Strategy for Prevention and Control of Hepatitis B and C. | ||||||
| 13 | The key findings and recommendations from the IOM's report | ||||||
| 14 | are (A) there is a lack of knowledge and awareness about | ||||||
| 15 | chronic viral hepatitis on the part of health care and | ||||||
| 16 | social service providers, (B) there is a lack of knowledge | ||||||
| 17 | and awareness about chronic viral hepatitis among at-risk | ||||||
| 18 | populations, members of the public, and policy makers, and | ||||||
| 19 | (C) there is insufficient understanding about the extent | ||||||
| 20 | and seriousness of the public health problem, so inadequate | ||||||
| 21 | public resources are being allocated to prevention, | ||||||
| 22 | control, and surveillance programs. | ||||||
| 23 | (4) In this same 2010 IOM report, researchers compared | ||||||
| 24 | the prevalence and incidences of HCV, HBV, and HIV and | ||||||
| 25 | found that, although there are only 1,100,000 HIV/AIDS | ||||||
| 26 | infected persons in the United States and over 4,000,000 | ||||||
| |||||||
| |||||||
| 1 | Americans infected with viral hepatitis, the percentage of | ||||||
| 2 | those with HIV that are unaware they have HIV is only 21% | ||||||
| 3 | as opposed to approximately 70% of those with viral | ||||||
| 4 | hepatitis being unaware that they have viral hepatitis. It | ||||||
| 5 | appears that public awareness of risk factors associated | ||||||
| 6 | with each of these diseases could be a major factor in the | ||||||
| 7 | alarming disparity between the percentage of the | ||||||
| 8 | population that is infected with one of these blood | ||||||
| 9 | viruses, but unaware that they are infected. | ||||||
| 10 | (5) In light of the widely varied nature of the risk | ||||||
| 11 | factors mentioned in this subsection (a), the previous | ||||||
| 12 | findings by the Institute of Medicine, and the clear | ||||||
| 13 | evidence of the disproportional public awareness between | ||||||
| 14 | HIV and viral hepatitis, it is clearly in the public | ||||||
| 15 | interest for this State to establish a task force to gather | ||||||
| 16 | testimony and develop an action plan to (A) increase public | ||||||
| 17 | awareness of the risk factors for these viruses, (B) | ||||||
| 18 | improve access to screening for these viruses, and (C) | ||||||
| 19 | provide those infected with information about the | ||||||
| 20 | prognosis, treatment options, and elevated risk of | ||||||
| 21 | developing cirrhosis and liver cancer. There is clear and | ||||||
| 22 | increasing evidence that many adults in Illinois and in the | ||||||
| 23 | United States have at least one of the risk factors | ||||||
| 24 | mentioned in this subsection (a). | ||||||
| 25 | (6) The General Assembly also finds that it is in the | ||||||
| 26 | public interest to bring communities of Illinois-based | ||||||
| |||||||
| |||||||
| 1 | veterans of American military service into familiarity | ||||||
| 2 | with the issues created by this disease, because many | ||||||
| 3 | veterans, especially Vietnam-era veterans, have at least | ||||||
| 4 | one of the previously enumerated risk factors and are | ||||||
| 5 | especially prone to being affected by this disease; and | ||||||
| 6 | because veterans of American military service should enjoy | ||||||
| 7 | in all cases, and do enjoy in most cases, adequate access | ||||||
| 8 | to health care services that include medical management and | ||||||
| 9 | care for preexisting and long-term medical conditions, | ||||||
| 10 | such as infection with the hepatitis virus. | ||||||
| 11 | (b) There is established the Hepatitis C Task Force
within | ||||||
| 12 | the Department of Public Health. The purpose of the Task Force | ||||||
| 13 | shall be to: | ||||||
| 14 | (1) develop strategies to identify and address the | ||||||
| 15 | unmet needs of persons
with hepatitis C in order to enhance | ||||||
| 16 | the quality of life of persons with hepatitis C by | ||||||
| 17 | maximizing
productivity and independence and addressing | ||||||
| 18 | emotional, social, financial, and vocational
challenges of | ||||||
| 19 | persons with hepatitis C; | ||||||
| 20 | (2) develop strategies to provide persons with | ||||||
| 21 | hepatitis C greater access to
various treatments and other | ||||||
| 22 | therapeutic options that may be available; and | ||||||
| 23 | (3) develop strategies to improve hepatitis C | ||||||
| 24 | education and awareness. | ||||||
| 25 | (c) The Task Force shall consist of 17 members as follows: | ||||||
| 26 | (1) the Director of Public Health, the Director of | ||||||
| |||||||
| |||||||
| 1 | Veterans' Affairs, and the Director of Human Services,
or | ||||||
| 2 | their designees, who shall serve ex officio; | ||||||
| 3 | (2) ten public members who shall be appointed by
the | ||||||
| 4 | Director of Public Health from the medical, patient, and | ||||||
| 5 | service provider communities, including, but not limited | ||||||
| 6 | to, HCV Support, Inc.; and | ||||||
| 7 | (3) four members of the General Assembly, appointed
one | ||||||
| 8 | each by the President of the Senate, the Minority Leader of | ||||||
| 9 | the Senate, the Speaker of the House of Representatives, | ||||||
| 10 | and the Minority Leader of the House of Representatives. | ||||||
| 11 | Vacancies in the membership of the Task Force shall be | ||||||
| 12 | filled in the same
manner provided for in the original | ||||||
| 13 | appointments. | ||||||
| 14 | (d) The Task Force shall organize within 120 days following | ||||||
| 15 | the
appointment of a majority of its members and shall select a | ||||||
| 16 | chairperson and
vice-chairperson from among the members. The | ||||||
| 17 | chairperson shall appoint a
secretary, who need not be a member | ||||||
| 18 | of the Task Force. | ||||||
| 19 | (e) The public members shall serve without compensation and | ||||||
| 20 | shall not be reimbursed for necessary expenses incurred in the
| ||||||
| 21 | performance of their duties, unless funds
become available to | ||||||
| 22 | the Task Force. | ||||||
| 23 | (f) The Task Force shall be entitled to call to its | ||||||
| 24 | assistance and avail
itself of the services of the employees of | ||||||
| 25 | any State, county, or municipal
department, board, bureau, | ||||||
| 26 | commission, or agency as it may require and as may be
available | ||||||
| |||||||
| |||||||
| 1 | to it for its purposes. | ||||||
| 2 | (g) The Task Force may meet and hold hearings as it deems | ||||||
| 3 | appropriate. | ||||||
| 4 | (h) The Department of Public Health shall provide staff
| ||||||
| 5 | support to the Task Force. | ||||||
| 6 | (i) The Task Force shall report its findings and | ||||||
| 7 | recommendations to the
Governor and to the General Assembly, | ||||||
| 8 | along with any legislative bills that it desires to recommend
| ||||||
| 9 | for adoption by the General Assembly, no later than December | ||||||
| 10 | 31, 2015. | ||||||
| 11 | (j) The Task Force is abolished and this Section is | ||||||
| 12 | repealed on January 1, 2016.
| ||||||
| 13 | (Source: P.A. 98-493, eff. 8-16-13; revised 9-12-13.)
| ||||||
| 14 | (20 ILCS 2310/2310-680) | ||||||
| 15 | (Section scheduled to be repealed on January 1, 2016) | ||||||
| 16 | Sec. 2310-680 2310-665. Multiple Sclerosis Task Force. | ||||||
| 17 | (a) The General Assembly finds and declares the following: | ||||||
| 18 | (1) Multiple sclerosis (MS) is a chronic, often | ||||||
| 19 | disabling, disease that
attacks the central nervous | ||||||
| 20 | system, which is comprised of the brain, spinal
cord, and | ||||||
| 21 | optic nerves. MS is the number one disabling disease among | ||||||
| 22 | young adults, striking in the prime of life. It is a | ||||||
| 23 | disease in which the body, through its immune
system, | ||||||
| 24 | launches a defensive and damaging attack against its own | ||||||
| 25 | tissues. MS
damages the nerve-insulating myelin sheath | ||||||
| |||||||
| |||||||
| 1 | that surrounds and protects the
brain. The damage to the | ||||||
| 2 | myelin sheath slows down or blocks messages between
the | ||||||
| 3 | brain and the body. | ||||||
| 4 | (2) Most people experience their first symptoms of MS | ||||||
| 5 | between the ages of
20 and 40, but MS can appear in young | ||||||
| 6 | children and teens as well as much older adults. MS | ||||||
| 7 | symptoms can include visual disturbances, muscle weakness,
| ||||||
| 8 | trouble with coordination and balance, sensations such as | ||||||
| 9 | numbness, prickling or
pins and needles, and thought and | ||||||
| 10 | memory problems. MS patients can also
experience partial or | ||||||
| 11 | complete paralysis, speech impediments, tremors,
| ||||||
| 12 | dizziness, stiffness and spasms, fatigue, paresthesias, | ||||||
| 13 | pain, and loss of
sensation. | ||||||
| 14 | (3) The cause of MS remains unknown; however, having a | ||||||
| 15 | first-degree
relative, such as a parent or sibling, with MS | ||||||
| 16 | significantly increases a
person's risk of developing the | ||||||
| 17 | disease. According to the National Institute of
| ||||||
| 18 | Neurological Disorders and Stroke, it is estimated that | ||||||
| 19 | there are approximately
250,000 to 350,000 persons in the | ||||||
| 20 | United States who are diagnosed with MS. This
estimate | ||||||
| 21 | suggests that approximately 200 new cases are diagnosed | ||||||
| 22 | each week. Other sources report a population of at least | ||||||
| 23 | 400,000 in the United States. The estimate of persons with | ||||||
| 24 | MS in Illinois is 20,000, with at least 2 areas of MS | ||||||
| 25 | clusters identified in Illinois. | ||||||
| 26 | (4) Presently, there is no cure for MS. The complex and | ||||||
| |||||||
| |||||||
| 1 | variable nature of the disease makes it very difficult to | ||||||
| 2 | diagnose, treat, and research. The cost to the family, | ||||||
| 3 | often with young children, can be overwhelming. Among | ||||||
| 4 | common diagnoses, non-stroke neurologic illnesses, such as | ||||||
| 5 | multiple sclerosis, were associated with the highest | ||||||
| 6 | out-of-pocket expenditures (a mean of $34,167), followed | ||||||
| 7 | by diabetes ($26,971), injuries ($25,096), stroke | ||||||
| 8 | ($23,380), mental illnesses ($23,178), and heart disease | ||||||
| 9 | ($21,955). Median out-of-pocket costs for health care | ||||||
| 10 | among people with MS, excluding insurance premiums, were | ||||||
| 11 | almost twice as much as the general population. The costs | ||||||
| 12 | associated with MS increase with greater disability. Costs | ||||||
| 13 | for severely disabled individuals are more than twice those | ||||||
| 14 | for persons with a relatively mild form of the disease. A | ||||||
| 15 | recent study of medical bankruptcy found that 62.1% of all | ||||||
| 16 | personal bankruptcies in the United States were related to | ||||||
| 17 | medical costs. | ||||||
| 18 | (5) Therefore, it is in the public interest for the | ||||||
| 19 | State to establish a
Multiple Sclerosis Task Force in order | ||||||
| 20 | to identify and address the unmet needs
of persons with MS | ||||||
| 21 | and develop ways to enhance their quality of life. | ||||||
| 22 | (b) There is established the Multiple Sclerosis Task Force
| ||||||
| 23 | in the Department of Public Health. The purpose of the Task | ||||||
| 24 | Force shall be to: | ||||||
| 25 | (1) develop strategies to identify and address the | ||||||
| 26 | unmet needs of persons
with MS in order to enhance the | ||||||
| |||||||
| |||||||
| 1 | quality of life of persons with MS by maximizing
| ||||||
| 2 | productivity and independence and addressing emotional, | ||||||
| 3 | social, financial, and vocational
challenges of persons | ||||||
| 4 | with MS; | ||||||
| 5 | (2) develop strategies to provide persons with MS | ||||||
| 6 | greater access to
various treatments and other therapeutic | ||||||
| 7 | options that may be available; and | ||||||
| 8 | (3) develop strategies to improve multiple sclerosis | ||||||
| 9 | education and awareness. | ||||||
| 10 | (c) The Task Force shall consist of 16 members as follows: | ||||||
| 11 | (1) the Director of Public Health and the Director of | ||||||
| 12 | Human Services,
or their designees, who shall serve ex | ||||||
| 13 | officio; and | ||||||
| 14 | (2) fourteen public members, who shall be appointed by | ||||||
| 15 | the Director of Public Health as
follows: 2 neurologists | ||||||
| 16 | licensed to practice medicine in this State; 3 registered | ||||||
| 17 | nurses or other health professionals with MS certification | ||||||
| 18 | and extensive expertise with progressed MS; one
person upon | ||||||
| 19 | the recommendation of the National Multiple Sclerosis | ||||||
| 20 | Society; 3 persons who represent agencies that provide | ||||||
| 21 | services
or support to individuals with MS in this State; 3 | ||||||
| 22 | persons who have MS, at least one of whom having progressed | ||||||
| 23 | MS; and
2 members of the public with a demonstrated | ||||||
| 24 | expertise in issues relating to
the work of the Task Force. | ||||||
| 25 | Vacancies in the membership of the Task Force shall be | ||||||
| 26 | filled in the same
manner provided for in the original | ||||||
| |||||||
| |||||||
| 1 | appointments. | ||||||
| 2 | (d) The Task Force shall organize within 120 days following | ||||||
| 3 | the
appointment of a majority of its members and shall select a | ||||||
| 4 | chairperson and
vice-chairperson from among the members. The | ||||||
| 5 | chairperson shall appoint a
secretary who need not be a member | ||||||
| 6 | of the Task Force. | ||||||
| 7 | (e) The public members shall serve without compensation and | ||||||
| 8 | shall not be reimbursed for necessary expenses incurred in the
| ||||||
| 9 | performance of their duties unless funds
become available to | ||||||
| 10 | the Task Force. | ||||||
| 11 | (f) The Task Force may meet and hold hearings as it deems | ||||||
| 12 | appropriate. | ||||||
| 13 | (g) The Department of Public Health shall provide staff
| ||||||
| 14 | support to the Task Force. | ||||||
| 15 | (h) The Task Force shall report its findings and | ||||||
| 16 | recommendations to the
Governor and to the General Assembly, | ||||||
| 17 | along with any legislative bills that it desires to recommend
| ||||||
| 18 | for adoption by the General Assembly, no later than December | ||||||
| 19 | 31, 2015. | ||||||
| 20 | (i) The Task Force is abolished and this Section is | ||||||
| 21 | repealed on January 1, 2016.
| ||||||
| 22 | (Source: P.A. 98-530, eff. 8-23-13; revised 9-12-13.)
| ||||||
| 23 | Section 95. The Disabilities Services Act of 2003 is | ||||||
| 24 | amended by changing Section 10 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2407/10)
| ||||||
| 2 | Sec. 10. Application of Act; definitions.
| ||||||
| 3 | (a) This Act
applies to persons with disabilities. The | ||||||
| 4 | disabilities included are
defined for purposes of this Act as | ||||||
| 5 | follows:
| ||||||
| 6 | "Disability" means a disability as defined by the Americans
| ||||||
| 7 | with Disabilities Act of 1990 that is attributable to a
| ||||||
| 8 | developmental disability, a mental illness, or a physical
| ||||||
| 9 | disability, or combination of those.
| ||||||
| 10 | "Developmental disability" means a disability that is
| ||||||
| 11 | attributable to an intellectual disability or a related | ||||||
| 12 | condition. A
related condition must meet all of the following | ||||||
| 13 | conditions:
| ||||||
| 14 | (1) It must be attributable to cerebral palsy,
| ||||||
| 15 | epilepsy, or any other condition (other than
mental | ||||||
| 16 | illness) found to be closely related to an intellectual | ||||||
| 17 | disability because that condition results in impairment of
| ||||||
| 18 | general intellectual functioning or adaptive behavior | ||||||
| 19 | similar
to that of individuals with an intellectual | ||||||
| 20 | disability, and requires
treatment or services similar to | ||||||
| 21 | those required for those
individuals. For purposes of this | ||||||
| 22 | Section, autism is considered a related
condition.
| ||||||
| 23 | (2) It must be manifested before the individual reaches
| ||||||
| 24 | age 22.
| ||||||
| 25 | (3) It must be likely to continue indefinitely.
| ||||||
| 26 | (4) It must result in substantial functional
| ||||||
| |||||||
| |||||||
| 1 | limitations in 3 or more of the following areas of major | ||||||
| 2 | life
activity: self-care, language, learning, mobility, | ||||||
| 3 | self-direction, and capacity
for independent living.
| ||||||
| 4 | "Mental Illness" means a mental or emotional disorder
| ||||||
| 5 | verified by a diagnosis contained in the
Diagnostic and | ||||||
| 6 | Statistical Manual of Mental Disorders-Fourth Edition, | ||||||
| 7 | published
by the American Psychiatric Association (DSM-IV), or | ||||||
| 8 | its successor, or
International Classification of Diseases, | ||||||
| 9 | 9th Revision, Clinical Modification
(ICD-9-CM), or its | ||||||
| 10 | successor, that
substantially impairs a person's cognitive, | ||||||
| 11 | emotional, or
behavioral functioning, or any combination of | ||||||
| 12 | those, excluding
(i) conditions that may be the focus of | ||||||
| 13 | clinical attention but are not of
sufficient duration or | ||||||
| 14 | severity to be categorized as a mental illness, such as
| ||||||
| 15 | parent-child relational problems, partner-relational problems, | ||||||
| 16 | sexual abuse of
a child, bereavement, academic problems, | ||||||
| 17 | phase-of-life problems, and
occupational problems | ||||||
| 18 | (collectively, "V codes"), (ii) organic disorders such as
| ||||||
| 19 | substance intoxication dementia, substance withdrawal | ||||||
| 20 | dementia, Alzheimer's
disease, vascular dementia, dementia due | ||||||
| 21 | to HIV infection, and dementia due to Creutzfeldt-Jakob
| ||||||
| 22 | Creutzfeld-Jakob disease
and disorders associated with
known | ||||||
| 23 | or unknown physical conditions such as hallucinosis, amnestic
| ||||||
| 24 | disorders and delirium, and psychoactive substance-induced | ||||||
| 25 | organic
disorders, and (iii) an intellectual disability or | ||||||
| 26 | psychoactive substance use
disorders.
| ||||||
| |||||||
| |||||||
| 1 | "Intellectual disability" means significantly sub-average | ||||||
| 2 | general
intellectual functioning existing concurrently with | ||||||
| 3 | deficits in
adaptive behavior and manifested before the age of | ||||||
| 4 | 22 years.
| ||||||
| 5 | "Physical disability" means a disability as defined by the
| ||||||
| 6 | Americans with Disabilities Act of 1990 that meets the | ||||||
| 7 | following
criteria:
| ||||||
| 8 | (1) It is attributable to a physical impairment.
| ||||||
| 9 | (2) It results in a substantial functional limitation
| ||||||
| 10 | in any of the following areas of major life activity:
(i) | ||||||
| 11 | self-care, (ii) receptive and expressive language, (iii)
| ||||||
| 12 | learning, (iv) mobility, (v) self-direction, (vi) capacity
| ||||||
| 13 | for independent living, and (vii) economic sufficiency.
| ||||||
| 14 | (3) It reflects the person's need for a combination and
| ||||||
| 15 | sequence of special, interdisciplinary, or general care,
| ||||||
| 16 | treatment, or other services that are of lifelong or of
| ||||||
| 17 | extended duration and must be individually planned and
| ||||||
| 18 | coordinated.
| ||||||
| 19 | (b) In this Act:
| ||||||
| 20 | "Chronological age-appropriate services" means services, | ||||||
| 21 | activities,
and strategies for persons with disabilities that | ||||||
| 22 | are
representative of the lifestyle activities of nondisabled | ||||||
| 23 | peers of similar
age in the community.
| ||||||
| 24 | "Comprehensive evaluation" means procedures used by | ||||||
| 25 | qualified professionals
selectively with an individual to
| ||||||
| 26 | determine whether a person has a disability and the nature
and | ||||||
| |||||||
| |||||||
| 1 | extent of the services that the person with a disability
needs.
| ||||||
| 2 | "Department" means the Department on Aging, the Department | ||||||
| 3 | of Human Services,
the Department of Public Health, the | ||||||
| 4 | Department of
Public Aid (now Department Healthcare and Family | ||||||
| 5 | Services), the University of Illinois Division of Specialized | ||||||
| 6 | Care for
Children, the Department of Children and Family | ||||||
| 7 | Services, and the Illinois
State
Board of Education, where | ||||||
| 8 | appropriate, as designated in the implementation plan
| ||||||
| 9 | developed under Section 20.
| ||||||
| 10 | "Family" means a natural, adoptive, or foster parent or | ||||||
| 11 | parents or
other person or persons responsible for the care of | ||||||
| 12 | an individual with a
disability in a family setting.
| ||||||
| 13 | "Family or individual support" means those resources and | ||||||
| 14 | services
that are necessary to maintain an individual with a
| ||||||
| 15 | disability within the family home or his or her own home. These | ||||||
| 16 | services may
include, but are not
limited to, cash subsidy, | ||||||
| 17 | respite care, and counseling services.
| ||||||
| 18 | "Independent service coordination" means a social service | ||||||
| 19 | that enables
persons
with developmental disabilities and their | ||||||
| 20 | families to locate, use, and
coordinate resources
and
| ||||||
| 21 | opportunities in their communities on the basis of individual | ||||||
| 22 | need. Independent
service
coordination is independent of | ||||||
| 23 | providers of services and funding sources and is
designed
to | ||||||
| 24 | ensure accessibility, continuity of care, and accountability | ||||||
| 25 | and to maximize
the
potential of persons with developmental | ||||||
| 26 | disabilities for independence,
productivity, and
integration | ||||||
| |||||||
| |||||||
| 1 | into
the community. Independent service coordination includes, | ||||||
| 2 | at a minimum: (i)
outreach to
identify eligible individuals; | ||||||
| 3 | (ii) assessment and periodic reassessment to
determine each
| ||||||
| 4 | individual's strengths, functional limitations, and need for | ||||||
| 5 | specific services;
(iii)
participation in the development of a | ||||||
| 6 | comprehensive individual service or
treatment plan;
(iv) | ||||||
| 7 | referral to and linkage with needed services and supports; (v) | ||||||
| 8 | monitoring
to ensure
the delivery of appropriate services and | ||||||
| 9 | to determine individual progress in
meeting goals
and | ||||||
| 10 | objectives; and (vi) advocacy to assist the person in obtaining | ||||||
| 11 | all
services for which
he or she is eligible or entitled.
| ||||||
| 12 | "Individual service or treatment plan" means a recorded | ||||||
| 13 | assessment of the
needs
of a person with a disability, a | ||||||
| 14 | description of the services
recommended, the goals of each type | ||||||
| 15 | of element of service, an anticipated
timetable for the | ||||||
| 16 | accomplishment of the goals, and a designation of the
qualified | ||||||
| 17 | professionals responsible for the implementation of the plan.
| ||||||
| 18 | "Least restrictive environment" means an environment that
| ||||||
| 19 | represents the least departure from the normal patterns of | ||||||
| 20 | living and that
effectively meets the needs of the person | ||||||
| 21 | receiving the service.
| ||||||
| 22 | (Source: P.A. 97-227, eff. 1-1-12; revised 9-4-13.)
| ||||||
| 23 | Section 100. The Department of State Police Law of the
| ||||||
| 24 | Civil Administrative Code of Illinois is amended by setting | ||||||
| 25 | forth and renumbering multiple versions of Section 2605-595 as | ||||||
| |||||||
| |||||||
| 1 | follows:
| ||||||
| 2 | (20 ILCS 2605/2605-595) | ||||||
| 3 | Sec. 2605-595. State Police Firearm Services Fund. | ||||||
| 4 | (a) There is created in the State treasury a special fund | ||||||
| 5 | known as the State Police Firearm Services Fund. The Fund shall | ||||||
| 6 | receive revenue under the Firearm Concealed Carry Act and | ||||||
| 7 | Section 5 of the Firearm Owners Identification Card Act. The | ||||||
| 8 | Fund may also receive revenue from grants, pass-through grants, | ||||||
| 9 | donations, appropriations, and any other legal source. | ||||||
| 10 | (b) The Department of State Police may use moneys in the | ||||||
| 11 | Fund to finance any of its lawful purposes, mandates, | ||||||
| 12 | functions, and duties under the Firearm Owners Identification | ||||||
| 13 | Card Act and the Firearm Concealed Carry Act, including the | ||||||
| 14 | cost of sending notices of expiration of Firearm Owner's | ||||||
| 15 | Identification Cards, concealed carry licenses, the prompt and | ||||||
| 16 | efficient processing of applications under the Firearm Owners | ||||||
| 17 | Identification Card Act and the Firearm Concealed Carry Act, | ||||||
| 18 | the improved efficiency and reporting of the LEADS and federal | ||||||
| 19 | NICS law enforcement data systems, and support for | ||||||
| 20 | investigations required under these Acts and law. Any surplus | ||||||
| 21 | funds beyond what is needed to comply with the aforementioned | ||||||
| 22 | purposes shall be used by the Department to improve the Law | ||||||
| 23 | Enforcement Agencies Data System (LEADS) and criminal history | ||||||
| 24 | background check system. | ||||||
| 25 | (c) Investment income that is attributable to the | ||||||
| |||||||
| |||||||
| 1 | investment of moneys in the Fund shall be retained in the Fund | ||||||
| 2 | for the uses specified in this Section.
| ||||||
| 3 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
| 4 | (20 ILCS 2605/2605-600) | ||||||
| 5 | Sec. 2605-600 2605-595. Crimes Against Police Officers | ||||||
| 6 | Advisory. | ||||||
| 7 | (a) For purposes of this Section: | ||||||
| 8 | "Attempt" has the meaning ascribed to that term in | ||||||
| 9 | Section 8-4 of the Criminal Code of 2012. | ||||||
| 10 | "Concealment of homicidal death" has the meaning | ||||||
| 11 | ascribed to that term in Section 9-3.4 of the Criminal Code | ||||||
| 12 | of 2012. | ||||||
| 13 | "First degree murder" has the meaning ascribed to that | ||||||
| 14 | term in Section 9-1 of the Criminal Code of 2012. | ||||||
| 15 | "Involuntary manslaughter" and "reckless homicide" | ||||||
| 16 | have the meanings ascribed to those terms in Section 9-3 of | ||||||
| 17 | the Criminal Code of 2012. | ||||||
| 18 | "Second degree murder" has the meaning ascribed to that | ||||||
| 19 | term in Section 9-2 of the Criminal Code of 2012. | ||||||
| 20 | (b) A coordinated program known as the Crimes Against | ||||||
| 21 | Police Officers Advisory is established within
the Department | ||||||
| 22 | of State Police. The purpose of the Crimes Against Police | ||||||
| 23 | Officers Advisory is to
provide a regional system for the rapid | ||||||
| 24 | dissemination of information regarding a person who is | ||||||
| 25 | suspected of committing or attempting to commit any of the | ||||||
| |||||||
| |||||||
| 1 | offenses described in subsection (c). | ||||||
| 2 | (c) The Department of State Police shall develop an | ||||||
| 3 | advisory to assist law enforcement agencies when the commission | ||||||
| 4 | or attempted commission of the following offenses against a | ||||||
| 5 | peace officer occur: | ||||||
| 6 | (1) first degree murder; | ||||||
| 7 | (2) second degree murder; | ||||||
| 8 | (3) involuntary manslaughter; | ||||||
| 9 | (4) reckless homicide; and | ||||||
| 10 | (5)
concealment of homicidal death. | ||||||
| 11 | (d) Law enforcement agencies participating in the advisory | ||||||
| 12 | may request assistance when: | ||||||
| 13 | (1) the agency believes that a suspect has not been | ||||||
| 14 | apprehended; | ||||||
| 15 | (2) the agency believes that the suspect may be a | ||||||
| 16 | serious threat to the public; and | ||||||
| 17 | (3) sufficient information is available to disseminate | ||||||
| 18 | to the public that could assist in locating the suspect. | ||||||
| 19 | (e) The Department of State Police shall reserve the | ||||||
| 20 | authority to determine if dissemination of the information will | ||||||
| 21 | pose a significant risk to the public or jeopardize the | ||||||
| 22 | investigation. | ||||||
| 23 | (f) The Department of State Police may partner with media | ||||||
| 24 | and may request a media broadcast concerning details of the | ||||||
| 25 | suspect in order to obtain the public's assistance in locating | ||||||
| 26 | the suspect or vehicle used in the offense, or both.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-263, eff. 1-1-14; revised 10-17-13.)
| ||||||
| 2 | Section 105. The Criminal Identification Act is amended by | ||||||
| 3 | changing Sections 4 and 5.2 as follows:
| ||||||
| 4 | (20 ILCS 2630/4) (from Ch. 38, par. 206-4)
| ||||||
| 5 | Sec. 4. The Department may use the following systems of | ||||||
| 6 | identification: the Bertillon The
Bertillion system, the | ||||||
| 7 | finger print system, and any system of measurement
or | ||||||
| 8 | identification that may be adopted by law or rule in the | ||||||
| 9 | various penal
institutions or bureaus of identification | ||||||
| 10 | wherever located.
| ||||||
| 11 | The Department shall make a record consisting of duplicates | ||||||
| 12 | of all
measurements, processes, operations, signalletic cards, | ||||||
| 13 | plates,
photographs, outline pictures, measurements, | ||||||
| 14 | descriptions of and data
relating to all persons confined in | ||||||
| 15 | penal institutions wherever located, so
far as the same are | ||||||
| 16 | obtainable, in accordance with whatever system or
systems may | ||||||
| 17 | be found most efficient and practical.
| ||||||
| 18 | (Source: Laws 1957, p. 1422; revised 9-4-13.)
| ||||||
| 19 | (20 ILCS 2630/5.2)
| ||||||
| 20 | Sec. 5.2. Expungement and sealing. | ||||||
| 21 | (a) General Provisions. | ||||||
| 22 | (1) Definitions. In this Act, words and phrases have
| ||||||
| 23 | the meanings set forth in this subsection, except when a
| ||||||
| |||||||
| |||||||
| 1 | particular context clearly requires a different meaning. | ||||||
| 2 | (A) The following terms shall have the meanings | ||||||
| 3 | ascribed to them in the Unified Code of Corrections, | ||||||
| 4 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
| 5 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
| 6 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
| 7 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
| 8 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
| 9 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
| 10 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
| 11 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
| 12 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
| 13 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
| 14 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
| 15 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
| 16 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
| 17 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
| 18 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
| 19 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
| 20 | (B) As used in this Section, "charge not initiated | ||||||
| 21 | by arrest" means a charge (as defined by 730 ILCS | ||||||
| 22 | 5/5-1-3) brought against a defendant where the | ||||||
| 23 | defendant is not arrested prior to or as a direct | ||||||
| 24 | result of the charge. | ||||||
| 25 | (C) "Conviction" means a judgment of conviction or | ||||||
| 26 | sentence entered upon a plea of guilty or upon a | ||||||
| |||||||
| |||||||
| 1 | verdict or finding of guilty of an offense, rendered by | ||||||
| 2 | a legally constituted jury or by a court of competent | ||||||
| 3 | jurisdiction authorized to try the case without a jury. | ||||||
| 4 | An order of supervision successfully completed by the | ||||||
| 5 | petitioner is not a conviction. An order of qualified | ||||||
| 6 | probation (as defined in subsection (a)(1)(J)) | ||||||
| 7 | successfully completed by the petitioner is not a | ||||||
| 8 | conviction. An order of supervision or an order of | ||||||
| 9 | qualified probation that is terminated | ||||||
| 10 | unsatisfactorily is a conviction, unless the | ||||||
| 11 | unsatisfactory termination is reversed, vacated, or | ||||||
| 12 | modified and the judgment of conviction, if any, is | ||||||
| 13 | reversed or vacated. | ||||||
| 14 | (D) "Criminal offense" means a petty offense, | ||||||
| 15 | business offense, misdemeanor, felony, or municipal | ||||||
| 16 | ordinance violation (as defined in subsection | ||||||
| 17 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
| 18 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
| 19 | be considered a criminal offense. | ||||||
| 20 | (E) "Expunge" means to physically destroy the | ||||||
| 21 | records or return them to the petitioner and to | ||||||
| 22 | obliterate the petitioner's name from any official | ||||||
| 23 | index or public record, or both. Nothing in this Act | ||||||
| 24 | shall require the physical destruction of the circuit | ||||||
| 25 | court file, but such records relating to arrests or | ||||||
| 26 | charges, or both, ordered expunged shall be impounded | ||||||
| |||||||
| |||||||
| 1 | as required by subsections (d)(9)(A)(ii) and | ||||||
| 2 | (d)(9)(B)(ii). | ||||||
| 3 | (F) As used in this Section, "last sentence" means | ||||||
| 4 | the sentence, order of supervision, or order of | ||||||
| 5 | qualified probation (as defined by subsection | ||||||
| 6 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
| 7 | subsection (a)(1)(D)) that terminates last in time in | ||||||
| 8 | any jurisdiction, regardless of whether the petitioner | ||||||
| 9 | has included the criminal offense for which the | ||||||
| 10 | sentence or order of supervision or qualified | ||||||
| 11 | probation was imposed in his or her petition. If | ||||||
| 12 | multiple sentences, orders of supervision, or orders | ||||||
| 13 | of qualified probation terminate on the same day and | ||||||
| 14 | are last in time, they shall be collectively considered | ||||||
| 15 | the "last sentence" regardless of whether they were | ||||||
| 16 | ordered to run concurrently. | ||||||
| 17 | (G) "Minor traffic offense" means a petty offense, | ||||||
| 18 | business offense, or Class C misdemeanor under the | ||||||
| 19 | Illinois Vehicle Code or a similar provision of a | ||||||
| 20 | municipal or local ordinance. | ||||||
| 21 | (H) "Municipal ordinance violation" means an | ||||||
| 22 | offense defined by a municipal or local ordinance that | ||||||
| 23 | is criminal in nature and with which the petitioner was | ||||||
| 24 | charged or for which the petitioner was arrested and | ||||||
| 25 | released without charging. | ||||||
| 26 | (I) "Petitioner" means an adult or a minor | ||||||
| |||||||
| |||||||
| 1 | prosecuted as an
adult who has applied for relief under | ||||||
| 2 | this Section. | ||||||
| 3 | (J) "Qualified probation" means an order of | ||||||
| 4 | probation under Section 10 of the Cannabis Control Act, | ||||||
| 5 | Section 410 of the Illinois Controlled Substances Act, | ||||||
| 6 | Section 70 of the Methamphetamine Control and | ||||||
| 7 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
| 8 | of the Unified Code of Corrections, Section | ||||||
| 9 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
| 10 | those provisions existed before their deletion by | ||||||
| 11 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
| 12 | Alcoholism and Other Drug Dependency Act, Section | ||||||
| 13 | 40-10 of the Alcoholism and Other Drug Abuse and | ||||||
| 14 | Dependency Act, or Section 10 of the Steroid Control | ||||||
| 15 | Act. For the purpose of this Section, "successful | ||||||
| 16 | completion" of an order of qualified probation under | ||||||
| 17 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
| 18 | Drug Dependency Act and Section 40-10 of the Alcoholism | ||||||
| 19 | and Other Drug Abuse and Dependency Act means that the | ||||||
| 20 | probation was terminated satisfactorily and the | ||||||
| 21 | judgment of conviction was vacated. | ||||||
| 22 | (K) "Seal" means to physically and electronically | ||||||
| 23 | maintain the records, unless the records would | ||||||
| 24 | otherwise be destroyed due to age, but to make the | ||||||
| 25 | records unavailable without a court order, subject to | ||||||
| 26 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
| |||||||
| |||||||
| 1 | petitioner's name shall also be obliterated from the | ||||||
| 2 | official index required to be kept by the circuit court | ||||||
| 3 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
| 4 | any index issued by the circuit court clerk before the | ||||||
| 5 | entry of the order to seal shall not be affected. | ||||||
| 6 | (L) "Sexual offense committed against a minor" | ||||||
| 7 | includes but is
not limited to the offenses of indecent | ||||||
| 8 | solicitation of a child
or criminal sexual abuse when | ||||||
| 9 | the victim of such offense is
under 18 years of age. | ||||||
| 10 | (M) "Terminate" as it relates to a sentence or | ||||||
| 11 | order of supervision or qualified probation includes | ||||||
| 12 | either satisfactory or unsatisfactory termination of | ||||||
| 13 | the sentence, unless otherwise specified in this | ||||||
| 14 | Section. | ||||||
| 15 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
| 16 | convictions for minor traffic offenses shall not affect a | ||||||
| 17 | petitioner's eligibility to expunge or seal records | ||||||
| 18 | pursuant to this Section. | ||||||
| 19 | (3) Exclusions. Except as otherwise provided in | ||||||
| 20 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
| 21 | of this Section, the court shall not order: | ||||||
| 22 | (A) the sealing or expungement of the records of | ||||||
| 23 | arrests or charges not initiated by arrest that result | ||||||
| 24 | in an order of supervision for or conviction of:
(i) | ||||||
| 25 | any sexual offense committed against a
minor; (ii) | ||||||
| 26 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
| |||||||
| |||||||
| 1 | similar provision of a local ordinance; or (iii) | ||||||
| 2 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
| 3 | similar provision of a local ordinance, unless the | ||||||
| 4 | arrest or charge is for a misdemeanor violation of | ||||||
| 5 | subsection (a) of Section 11-503 or a similar provision | ||||||
| 6 | of a local ordinance, that occurred prior to the | ||||||
| 7 | offender reaching the age of 25 years and the offender | ||||||
| 8 | has no other conviction for violating Section 11-501 or | ||||||
| 9 | 11-503 of the Illinois Vehicle Code or a similar | ||||||
| 10 | provision of a local ordinance. | ||||||
| 11 | (B) the sealing or expungement of records of minor | ||||||
| 12 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
| 13 | unless the petitioner was arrested and released | ||||||
| 14 | without charging. | ||||||
| 15 | (C) the sealing of the records of arrests or | ||||||
| 16 | charges not initiated by arrest which result in an | ||||||
| 17 | order of supervision, an order of qualified probation | ||||||
| 18 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
| 19 | for the following offenses: | ||||||
| 20 | (i) offenses included in Article 11 of the | ||||||
| 21 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 22 | or a similar provision of a local ordinance, except | ||||||
| 23 | Section 11-14 of the Criminal Code of 1961 or the | ||||||
| 24 | Criminal Code of 2012, or a similar provision of a | ||||||
| 25 | local ordinance; | ||||||
| 26 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
| |||||||
| |||||||
| 1 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
| 2 | Criminal Code of 2012, or a similar provision of a | ||||||
| 3 | local ordinance; | ||||||
| 4 | (iii) offenses defined as "crimes of violence" | ||||||
| 5 | in Section 2 of the Crime Victims Compensation Act | ||||||
| 6 | or a similar provision of a local ordinance; | ||||||
| 7 | (iv) offenses which are Class A misdemeanors | ||||||
| 8 | under the Humane Care for Animals Act; or | ||||||
| 9 | (v) any offense or attempted offense that | ||||||
| 10 | would subject a person to registration under the | ||||||
| 11 | Sex Offender Registration Act. | ||||||
| 12 | (D) the sealing of the records of an arrest which | ||||||
| 13 | results in
the petitioner being charged with a felony | ||||||
| 14 | offense or records of a charge not initiated by arrest | ||||||
| 15 | for a felony offense unless: | ||||||
| 16 | (i) the charge is amended to a misdemeanor and | ||||||
| 17 | is otherwise
eligible to be sealed pursuant to | ||||||
| 18 | subsection (c); | ||||||
| 19 | (ii) the charge is brought along with another | ||||||
| 20 | charge as a part of one case and the charge results | ||||||
| 21 | in acquittal, dismissal, or conviction when the | ||||||
| 22 | conviction was reversed or vacated, and another | ||||||
| 23 | charge brought in the same case results in a | ||||||
| 24 | disposition for a misdemeanor offense that is | ||||||
| 25 | eligible to be sealed pursuant to subsection (c) or | ||||||
| 26 | a disposition listed in paragraph (i), (iii), or | ||||||
| |||||||
| |||||||
| 1 | (iv) of this subsection; | ||||||
| 2 | (iii) the charge results in first offender | ||||||
| 3 | probation as set forth in subsection (c)(2)(E); | ||||||
| 4 | (iv) the charge is for a felony offense listed | ||||||
| 5 | in subsection (c)(2)(F) or the charge is amended to | ||||||
| 6 | a felony offense listed in subsection (c)(2)(F); | ||||||
| 7 | (v) the charge results in acquittal, | ||||||
| 8 | dismissal, or the petitioner's release without | ||||||
| 9 | conviction; or | ||||||
| 10 | (vi) the charge results in a conviction, but | ||||||
| 11 | the conviction was reversed or vacated. | ||||||
| 12 | (b) Expungement. | ||||||
| 13 | (1) A petitioner may petition the circuit court to | ||||||
| 14 | expunge the
records of his or her arrests and charges not | ||||||
| 15 | initiated by arrest when: | ||||||
| 16 | (A) He or she has never been convicted of a | ||||||
| 17 | criminal offense; and | ||||||
| 18 | (B) Each arrest or charge not initiated by arrest
| ||||||
| 19 | sought to be expunged resulted in:
(i) acquittal, | ||||||
| 20 | dismissal, or the petitioner's release without | ||||||
| 21 | charging, unless excluded by subsection (a)(3)(B);
| ||||||
| 22 | (ii) a conviction which was vacated or reversed, unless | ||||||
| 23 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
| 24 | supervision and such supervision was successfully | ||||||
| 25 | completed by the petitioner, unless excluded by | ||||||
| 26 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
| |||||||
| |||||||
| 1 | qualified probation (as defined in subsection | ||||||
| 2 | (a)(1)(J)) and such probation was successfully | ||||||
| 3 | completed by the petitioner. | ||||||
| 4 | (2) Time frame for filing a petition to expunge. | ||||||
| 5 | (A) When the arrest or charge not initiated by | ||||||
| 6 | arrest sought to be expunged resulted in an acquittal, | ||||||
| 7 | dismissal, the petitioner's release without charging, | ||||||
| 8 | or the reversal or vacation of a conviction, there is | ||||||
| 9 | no waiting period to petition for the expungement of | ||||||
| 10 | such records. | ||||||
| 11 | (B) When the arrest or charge not initiated by | ||||||
| 12 | arrest
sought to be expunged resulted in an order of | ||||||
| 13 | supervision, successfully
completed by the petitioner, | ||||||
| 14 | the following time frames will apply: | ||||||
| 15 | (i) Those arrests or charges that resulted in | ||||||
| 16 | orders of
supervision under Section 3-707, 3-708, | ||||||
| 17 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
| 18 | similar provision of a local ordinance, or under | ||||||
| 19 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
| 20 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
| 21 | similar provision of a local ordinance, shall not | ||||||
| 22 | be eligible for expungement until 5 years have | ||||||
| 23 | passed following the satisfactory termination of | ||||||
| 24 | the supervision. | ||||||
| 25 | (i-5) Those arrests or charges that resulted | ||||||
| 26 | in orders of supervision for a misdemeanor | ||||||
| |||||||
| |||||||
| 1 | violation of subsection (a) of Section 11-503 of | ||||||
| 2 | the Illinois Vehicle Code or a similar provision of | ||||||
| 3 | a local ordinance, that occurred prior to the | ||||||
| 4 | offender reaching the age of 25 years and the | ||||||
| 5 | offender has no other conviction for violating | ||||||
| 6 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
| 7 | Code or a similar provision of a local ordinance | ||||||
| 8 | shall not be eligible for expungement until the | ||||||
| 9 | petitioner has reached the age of 25 years. | ||||||
| 10 | (ii) Those arrests or charges that resulted in | ||||||
| 11 | orders
of supervision for any other offenses shall | ||||||
| 12 | not be
eligible for expungement until 2 years have | ||||||
| 13 | passed
following the satisfactory termination of | ||||||
| 14 | the supervision. | ||||||
| 15 | (C) When the arrest or charge not initiated by | ||||||
| 16 | arrest sought to
be expunged resulted in an order of | ||||||
| 17 | qualified probation, successfully
completed by the | ||||||
| 18 | petitioner, such records shall not be eligible for
| ||||||
| 19 | expungement until 5 years have passed following the | ||||||
| 20 | satisfactory
termination of the probation. | ||||||
| 21 | (3) Those records maintained by the Department for
| ||||||
| 22 | persons arrested prior to their 17th birthday shall be
| ||||||
| 23 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
| 24 | Act of 1987. | ||||||
| 25 | (4) Whenever a person has been arrested for or | ||||||
| 26 | convicted of any
offense, in the name of a person whose | ||||||
| |||||||
| |||||||
| 1 | identity he or she has stolen or otherwise
come into | ||||||
| 2 | possession of, the aggrieved person from whom the identity
| ||||||
| 3 | was stolen or otherwise obtained without authorization,
| ||||||
| 4 | upon learning of the person having been arrested using his
| ||||||
| 5 | or her identity, may, upon verified petition to the chief | ||||||
| 6 | judge of
the circuit wherein the arrest was made, have a | ||||||
| 7 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
| 8 | correct the
arrest record, conviction record, if any, and | ||||||
| 9 | all official
records of the arresting authority, the | ||||||
| 10 | Department, other
criminal justice agencies, the | ||||||
| 11 | prosecutor, and the trial
court concerning such arrest, if | ||||||
| 12 | any, by removing his or her name
from all such records in | ||||||
| 13 | connection with the arrest and
conviction, if any, and by | ||||||
| 14 | inserting in the records the
name of the offender, if known | ||||||
| 15 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
| 16 | records of the circuit court clerk shall be sealed until | ||||||
| 17 | further order of
the court upon good cause shown and the | ||||||
| 18 | name of the
aggrieved person obliterated on the official | ||||||
| 19 | index
required to be kept by the circuit court clerk under
| ||||||
| 20 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
| 21 | not affect any index issued by the circuit court clerk
| ||||||
| 22 | before the entry of the order. Nothing in this Section
| ||||||
| 23 | shall limit the Department of State Police or other
| ||||||
| 24 | criminal justice agencies or prosecutors from listing
| ||||||
| 25 | under an offender's name the false names he or she has
| ||||||
| 26 | used. | ||||||
| |||||||
| |||||||
| 1 | (5) Whenever a person has been convicted of criminal
| ||||||
| 2 | sexual assault, aggravated criminal sexual assault,
| ||||||
| 3 | predatory criminal sexual assault of a child, criminal
| ||||||
| 4 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
| 5 | victim of that offense may request that the State's
| ||||||
| 6 | Attorney of the county in which the conviction occurred
| ||||||
| 7 | file a verified petition with the presiding trial judge at
| ||||||
| 8 | the petitioner's trial to have a court order entered to | ||||||
| 9 | seal
the records of the circuit court clerk in connection
| ||||||
| 10 | with the proceedings of the trial court concerning that
| ||||||
| 11 | offense. However, the records of the arresting authority
| ||||||
| 12 | and the Department of State Police concerning the offense
| ||||||
| 13 | shall not be sealed. The court, upon good cause shown,
| ||||||
| 14 | shall make the records of the circuit court clerk in
| ||||||
| 15 | connection with the proceedings of the trial court
| ||||||
| 16 | concerning the offense available for public inspection. | ||||||
| 17 | (6) If a conviction has been set aside on direct review
| ||||||
| 18 | or on collateral attack and the court determines by clear
| ||||||
| 19 | and convincing evidence that the petitioner was factually
| ||||||
| 20 | innocent of the charge, the court that finds the petitioner | ||||||
| 21 | factually innocent of the charge shall enter an
expungement | ||||||
| 22 | order for the conviction for which the petitioner has been | ||||||
| 23 | determined to be innocent as provided in subsection (b) of | ||||||
| 24 | Section
5-5-4 of the Unified Code of Corrections. | ||||||
| 25 | (7) Nothing in this Section shall prevent the | ||||||
| 26 | Department of
State Police from maintaining all records of | ||||||
| |||||||
| |||||||
| 1 | any person who
is admitted to probation upon terms and | ||||||
| 2 | conditions and who
fulfills those terms and conditions | ||||||
| 3 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
| 4 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
| 5 | of the
Methamphetamine Control and Community Protection | ||||||
| 6 | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
| 7 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
| 8 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
| 9 | Criminal Code of 2012, Section 10-102
of the Illinois | ||||||
| 10 | Alcoholism and Other Drug Dependency Act,
Section 40-10 of | ||||||
| 11 | the Alcoholism and Other Drug Abuse and
Dependency Act, or | ||||||
| 12 | Section 10 of the Steroid Control Act. | ||||||
| 13 | (8) If the petitioner has been granted a certificate of | ||||||
| 14 | innocence under Section 2-702 of the Code of Civil | ||||||
| 15 | Procedure, the court that grants the certificate of | ||||||
| 16 | innocence shall also enter an order expunging the | ||||||
| 17 | conviction for which the petitioner has been determined to | ||||||
| 18 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
| 19 | of the Code of Civil Procedure. | ||||||
| 20 | (c) Sealing. | ||||||
| 21 | (1) Applicability. Notwithstanding any other provision | ||||||
| 22 | of this Act to the contrary, and cumulative with any rights | ||||||
| 23 | to expungement of criminal records, this subsection | ||||||
| 24 | authorizes the sealing of criminal records of adults and of | ||||||
| 25 | minors prosecuted as adults. | ||||||
| 26 | (2) Eligible Records. The following records may be | ||||||
| |||||||
| |||||||
| 1 | sealed: | ||||||
| 2 | (A) All arrests resulting in release without | ||||||
| 3 | charging; | ||||||
| 4 | (B) Arrests or charges not initiated by arrest | ||||||
| 5 | resulting in acquittal, dismissal, or conviction when | ||||||
| 6 | the conviction was reversed or vacated, except as | ||||||
| 7 | excluded by subsection (a)(3)(B); | ||||||
| 8 | (C) Arrests or charges not initiated by arrest | ||||||
| 9 | resulting in orders of supervision successfully | ||||||
| 10 | completed by the petitioner, unless excluded by | ||||||
| 11 | subsection (a)(3); | ||||||
| 12 | (D) Arrests or charges not initiated by arrest | ||||||
| 13 | resulting in convictions unless excluded by subsection | ||||||
| 14 | (a)(3); | ||||||
| 15 | (E) Arrests or charges not initiated by arrest | ||||||
| 16 | resulting in orders of first offender probation under | ||||||
| 17 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
| 18 | the Illinois Controlled Substances Act, Section 70 of | ||||||
| 19 | the Methamphetamine Control and Community Protection | ||||||
| 20 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
| 21 | Corrections; and | ||||||
| 22 | (F) Arrests or charges not initiated by arrest | ||||||
| 23 | resulting in felony convictions for the following | ||||||
| 24 | offenses: | ||||||
| 25 | (i) Class 4 felony convictions for: | ||||||
| 26 | Prostitution under Section 11-14 of the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 1961 or the Criminal Code of | ||||||
| 2 | 2012. | ||||||
| 3 | Possession of cannabis under Section 4 of | ||||||
| 4 | the Cannabis Control Act. | ||||||
| 5 | Possession of a controlled substance under | ||||||
| 6 | Section 402 of the Illinois Controlled | ||||||
| 7 | Substances Act. | ||||||
| 8 | Offenses under the Methamphetamine | ||||||
| 9 | Precursor Control Act. | ||||||
| 10 | Offenses under the Steroid Control Act. | ||||||
| 11 | Theft under Section 16-1 of the Criminal | ||||||
| 12 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 13 | Retail theft under Section 16A-3 or | ||||||
| 14 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
| 15 | 1961 or the Criminal Code of 2012. | ||||||
| 16 | Deceptive practices under Section 17-1 of | ||||||
| 17 | the Criminal Code of 1961 or the Criminal Code | ||||||
| 18 | of 2012. | ||||||
| 19 | Forgery under Section 17-3 of the Criminal | ||||||
| 20 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 21 | Possession of burglary tools under Section | ||||||
| 22 | 19-2 of the Criminal Code of 1961 or the | ||||||
| 23 | Criminal Code of 2012. | ||||||
| 24 | (ii) Class 3 felony convictions for: | ||||||
| 25 | Theft under Section 16-1 of the Criminal | ||||||
| 26 | Code of 1961 or the Criminal Code of 2012. | ||||||
| |||||||
| |||||||
| 1 | Retail theft under Section 16A-3 or | ||||||
| 2 | paragraph (a) of 16-25 of the Criminal Code of | ||||||
| 3 | 1961 or the Criminal Code of 2012. | ||||||
| 4 | Deceptive practices under Section 17-1 of | ||||||
| 5 | the Criminal Code of 1961 or the Criminal Code | ||||||
| 6 | of 2012. | ||||||
| 7 | Forgery under Section 17-3 of the Criminal | ||||||
| 8 | Code of 1961 or the Criminal Code of 2012. | ||||||
| 9 | Possession with intent to manufacture or | ||||||
| 10 | deliver a controlled substance under Section | ||||||
| 11 | 401 of the Illinois Controlled Substances Act. | ||||||
| 12 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
| 13 | identified as eligible under subsection (c)(2) may be | ||||||
| 14 | sealed as follows: | ||||||
| 15 | (A) Records identified as eligible under | ||||||
| 16 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
| 17 | time. | ||||||
| 18 | (B) Records identified as eligible under | ||||||
| 19 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
| 20 | the termination of petitioner's last sentence (as | ||||||
| 21 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
| 22 | never been convicted of a criminal offense (as defined | ||||||
| 23 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
| 24 | termination of the petitioner's last sentence (as | ||||||
| 25 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
| 26 | ever been convicted of a criminal offense (as defined | ||||||
| |||||||
| |||||||
| 1 | in subsection (a)(1)(D)). | ||||||
| 2 | (C) Records identified as eligible under | ||||||
| 3 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
| 4 | sealed 4 years after the termination of the | ||||||
| 5 | petitioner's last sentence (as defined in subsection | ||||||
| 6 | (a)(1)(F)). | ||||||
| 7 | (D) Records identified in subsection | ||||||
| 8 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
| 9 | reached the age of 25 years. | ||||||
| 10 | (4) Subsequent felony convictions. A person may not | ||||||
| 11 | have
subsequent felony conviction records sealed as | ||||||
| 12 | provided in this subsection
(c) if he or she is convicted | ||||||
| 13 | of any felony offense after the date of the
sealing of | ||||||
| 14 | prior felony convictions as provided in this subsection | ||||||
| 15 | (c). The court may, upon conviction for a subsequent felony | ||||||
| 16 | offense, order the unsealing of prior felony conviction | ||||||
| 17 | records previously ordered sealed by the court. | ||||||
| 18 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
| 19 | disposition for an eligible record under this subsection | ||||||
| 20 | (c), the petitioner shall be informed by the court of the | ||||||
| 21 | right to have the records sealed and the procedures for the | ||||||
| 22 | sealing of the records. | ||||||
| 23 | (d) Procedure. The following procedures apply to | ||||||
| 24 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
| 25 | under subsections (c) and (e-5): | ||||||
| 26 | (1) Filing the petition. Upon becoming eligible to | ||||||
| |||||||
| |||||||
| 1 | petition for
the expungement or sealing of records under | ||||||
| 2 | this Section, the petitioner shall file a petition | ||||||
| 3 | requesting the expungement
or sealing of records with the | ||||||
| 4 | clerk of the court where the arrests occurred or the | ||||||
| 5 | charges were brought, or both. If arrests occurred or | ||||||
| 6 | charges were brought in multiple jurisdictions, a petition | ||||||
| 7 | must be filed in each such jurisdiction. The petitioner | ||||||
| 8 | shall pay the applicable fee, if not waived. | ||||||
| 9 | (2) Contents of petition. The petition shall be
| ||||||
| 10 | verified and shall contain the petitioner's name, date of
| ||||||
| 11 | birth, current address and, for each arrest or charge not | ||||||
| 12 | initiated by
arrest sought to be sealed or expunged, the | ||||||
| 13 | case number, the date of
arrest (if any), the identity of | ||||||
| 14 | the arresting authority, and such
other information as the | ||||||
| 15 | court may require. During the pendency
of the proceeding, | ||||||
| 16 | the petitioner shall promptly notify the
circuit court | ||||||
| 17 | clerk of any change of his or her address. If the | ||||||
| 18 | petitioner has received a certificate of eligibility for | ||||||
| 19 | sealing from the Prisoner Review Board under paragraph (10) | ||||||
| 20 | of subsection (a) of Section 3-3-2 of the Unified Code of | ||||||
| 21 | Corrections, the certificate shall be attached to the | ||||||
| 22 | petition. | ||||||
| 23 | (3) Drug test. The petitioner must attach to the | ||||||
| 24 | petition proof that the petitioner has passed a test taken | ||||||
| 25 | within 30 days before the filing of the petition showing | ||||||
| 26 | the absence within his or her body of all illegal | ||||||
| |||||||
| |||||||
| 1 | substances as defined by the Illinois Controlled | ||||||
| 2 | Substances Act, the Methamphetamine Control and Community | ||||||
| 3 | Protection Act, and the Cannabis Control Act if he or she | ||||||
| 4 | is petitioning to: | ||||||
| 5 | (A) seal felony records under clause (c)(2)(E); | ||||||
| 6 | (B) seal felony records for a violation of the | ||||||
| 7 | Illinois Controlled Substances Act, the | ||||||
| 8 | Methamphetamine Control and Community Protection Act, | ||||||
| 9 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
| 10 | (C) seal felony records under subsection (e-5); or | ||||||
| 11 | (D) expunge felony records of a qualified | ||||||
| 12 | probation under clause (b)(1)(B)(iv). | ||||||
| 13 | (4) Service of petition. The circuit court clerk shall | ||||||
| 14 | promptly
serve a copy of the petition and documentation to | ||||||
| 15 | support the petition under subsection (e), (e-5), or (e-6) | ||||||
| 16 | on the State's Attorney or
prosecutor charged with the duty | ||||||
| 17 | of prosecuting the
offense, the Department of State Police, | ||||||
| 18 | the arresting
agency and the chief legal officer of the | ||||||
| 19 | unit of local
government effecting the arrest. | ||||||
| 20 | (5) Objections. | ||||||
| 21 | (A) Any party entitled to notice of the petition | ||||||
| 22 | may file an objection to the petition. All objections | ||||||
| 23 | shall be in writing, shall be filed with the circuit | ||||||
| 24 | court clerk, and shall state with specificity the basis | ||||||
| 25 | of the objection. | ||||||
| 26 | (B) Objections to a petition to expunge or seal | ||||||
| |||||||
| |||||||
| 1 | must be filed within 60 days of the date of service of | ||||||
| 2 | the petition. | ||||||
| 3 | (6) Entry of order. | ||||||
| 4 | (A) The Chief Judge of the circuit wherein the | ||||||
| 5 | charge was brought, any judge of that circuit | ||||||
| 6 | designated by the Chief Judge, or in counties of less | ||||||
| 7 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
| 8 | at the petitioner's trial, if any, shall rule on the | ||||||
| 9 | petition to expunge or seal as set forth in this | ||||||
| 10 | subsection (d)(6). | ||||||
| 11 | (B) Unless the State's Attorney or prosecutor, the | ||||||
| 12 | Department of
State Police, the arresting agency, or | ||||||
| 13 | the chief legal officer
files an objection to the | ||||||
| 14 | petition to expunge or seal within 60 days from the | ||||||
| 15 | date of service of the petition, the court shall enter | ||||||
| 16 | an order granting or denying the petition. | ||||||
| 17 | (7) Hearings. If an objection is filed, the court shall | ||||||
| 18 | set a date for a hearing and notify the petitioner and all | ||||||
| 19 | parties entitled to notice of the petition of the hearing | ||||||
| 20 | date at least 30 days prior to the hearing. Prior to the | ||||||
| 21 | hearing, the State's Attorney shall consult with the | ||||||
| 22 | Department as to the appropriateness of the relief sought | ||||||
| 23 | in the petition to expunge or seal. At the hearing, the | ||||||
| 24 | court shall hear evidence on whether the petition should or | ||||||
| 25 | should not be granted, and shall grant or deny the petition | ||||||
| 26 | to expunge or seal the records based on the evidence | ||||||
| |||||||
| |||||||
| 1 | presented at the hearing. The court may consider the | ||||||
| 2 | following: | ||||||
| 3 | (A) the strength of the evidence supporting the | ||||||
| 4 | defendant's conviction; | ||||||
| 5 | (B) the reasons for retention of the conviction | ||||||
| 6 | records by the State; | ||||||
| 7 | (C) the petitioner's age, criminal record history, | ||||||
| 8 | and employment history; | ||||||
| 9 | (D) the period of time between the petitioner's | ||||||
| 10 | arrest on the charge resulting in the conviction and | ||||||
| 11 | the filing of the petition under this Section; and | ||||||
| 12 | (E) the specific adverse consequences the | ||||||
| 13 | petitioner may be subject to if the petition is denied. | ||||||
| 14 | (8) Service of order. After entering an order to | ||||||
| 15 | expunge or
seal records, the court must provide copies of | ||||||
| 16 | the order to the
Department, in a form and manner | ||||||
| 17 | prescribed by the Department,
to the petitioner, to the | ||||||
| 18 | State's Attorney or prosecutor
charged with the duty of | ||||||
| 19 | prosecuting the offense, to the
arresting agency, to the | ||||||
| 20 | chief legal officer of the unit of
local government | ||||||
| 21 | effecting the arrest, and to such other
criminal justice | ||||||
| 22 | agencies as may be ordered by the court. | ||||||
| 23 | (9) Implementation of order. | ||||||
| 24 | (A) Upon entry of an order to expunge records | ||||||
| 25 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
| 26 | (i) the records shall be expunged (as defined | ||||||
| |||||||
| |||||||
| 1 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
| 2 | the Department, and any other agency as ordered by | ||||||
| 3 | the court, within 60 days of the date of service of | ||||||
| 4 | the order, unless a motion to vacate, modify, or | ||||||
| 5 | reconsider the order is filed pursuant to | ||||||
| 6 | paragraph (12) of subsection (d) of this Section; | ||||||
| 7 | (ii) the records of the circuit court clerk | ||||||
| 8 | shall be impounded until further order of the court | ||||||
| 9 | upon good cause shown and the name of the | ||||||
| 10 | petitioner obliterated on the official index | ||||||
| 11 | required to be kept by the circuit court clerk | ||||||
| 12 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 13 | the order shall not affect any index issued by the | ||||||
| 14 | circuit court clerk before the entry of the order; | ||||||
| 15 | and | ||||||
| 16 | (iii) in response to an inquiry for expunged | ||||||
| 17 | records, the court, the Department, or the agency | ||||||
| 18 | receiving such inquiry, shall reply as it does in | ||||||
| 19 | response to inquiries when no records ever | ||||||
| 20 | existed. | ||||||
| 21 | (B) Upon entry of an order to expunge records | ||||||
| 22 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
| 23 | (i) the records shall be expunged (as defined | ||||||
| 24 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 25 | and any other agency as ordered by the court, | ||||||
| 26 | within 60 days of the date of service of the order, | ||||||
| |||||||
| |||||||
| 1 | unless a motion to vacate, modify, or reconsider | ||||||
| 2 | the order is filed pursuant to paragraph (12) of | ||||||
| 3 | subsection (d) of this Section; | ||||||
| 4 | (ii) the records of the circuit court clerk | ||||||
| 5 | shall be impounded until further order of the court | ||||||
| 6 | upon good cause shown and the name of the | ||||||
| 7 | petitioner obliterated on the official index | ||||||
| 8 | required to be kept by the circuit court clerk | ||||||
| 9 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 10 | the order shall not affect any index issued by the | ||||||
| 11 | circuit court clerk before the entry of the order; | ||||||
| 12 | (iii) the records shall be impounded by the
| ||||||
| 13 | Department within 60 days of the date of service of | ||||||
| 14 | the order as ordered by the court, unless a motion | ||||||
| 15 | to vacate, modify, or reconsider the order is filed | ||||||
| 16 | pursuant to paragraph (12) of subsection (d) of | ||||||
| 17 | this Section; | ||||||
| 18 | (iv) records impounded by the Department may | ||||||
| 19 | be disseminated by the Department only as required | ||||||
| 20 | by law or to the arresting authority, the State's | ||||||
| 21 | Attorney, and the court upon a later arrest for the | ||||||
| 22 | same or a similar offense or for the purpose of | ||||||
| 23 | sentencing for any subsequent felony, and to the | ||||||
| 24 | Department of Corrections upon conviction for any | ||||||
| 25 | offense; and | ||||||
| 26 | (v) in response to an inquiry for such records | ||||||
| |||||||
| |||||||
| 1 | from anyone not authorized by law to access such | ||||||
| 2 | records, the court, the Department, or the agency | ||||||
| 3 | receiving such inquiry shall reply as it does in | ||||||
| 4 | response to inquiries when no records ever | ||||||
| 5 | existed. | ||||||
| 6 | (B-5) Upon entry of an order to expunge records | ||||||
| 7 | under subsection (e-6): | ||||||
| 8 | (i) the records shall be expunged (as defined | ||||||
| 9 | in subsection (a)(1)(E)) by the arresting agency | ||||||
| 10 | and any other agency as ordered by the court, | ||||||
| 11 | within 60 days of the date of service of the order, | ||||||
| 12 | unless a motion to vacate, modify, or reconsider | ||||||
| 13 | the order is filed under paragraph (12) of | ||||||
| 14 | subsection (d) of this Section; | ||||||
| 15 | (ii) the records of the circuit court clerk | ||||||
| 16 | shall be impounded until further order of the court | ||||||
| 17 | upon good cause shown and the name of the | ||||||
| 18 | petitioner obliterated on the official index | ||||||
| 19 | required to be kept by the circuit court clerk | ||||||
| 20 | under Section 16 of the Clerks of Courts Act, but | ||||||
| 21 | the order shall not affect any index issued by the | ||||||
| 22 | circuit court clerk before the entry of the order; | ||||||
| 23 | (iii) the records shall be impounded by the
| ||||||
| 24 | Department within 60 days of the date of service of | ||||||
| 25 | the order as ordered by the court, unless a motion | ||||||
| 26 | to vacate, modify, or reconsider the order is filed | ||||||
| |||||||
| |||||||
| 1 | under paragraph (12) of subsection (d) of this | ||||||
| 2 | Section; | ||||||
| 3 | (iv) records impounded by the Department may | ||||||
| 4 | be disseminated by the Department only as required | ||||||
| 5 | by law or to the arresting authority, the State's | ||||||
| 6 | Attorney, and the court upon a later arrest for the | ||||||
| 7 | same or a similar offense or for the purpose of | ||||||
| 8 | sentencing for any subsequent felony, and to the | ||||||
| 9 | Department of Corrections upon conviction for any | ||||||
| 10 | offense; and | ||||||
| 11 | (v) in response to an inquiry for these records | ||||||
| 12 | from anyone not authorized by law to access the | ||||||
| 13 | records, the court, the Department, or the agency | ||||||
| 14 | receiving the inquiry shall reply as it does in | ||||||
| 15 | response to inquiries when no records ever | ||||||
| 16 | existed. | ||||||
| 17 | (C) Upon entry of an order to seal records under | ||||||
| 18 | subsection
(c), the arresting agency, any other agency | ||||||
| 19 | as ordered by the court, the Department, and the court | ||||||
| 20 | shall seal the records (as defined in subsection | ||||||
| 21 | (a)(1)(K)). In response to an inquiry for such records | ||||||
| 22 | from anyone not authorized by law to access such | ||||||
| 23 | records, the court, the Department, or the agency | ||||||
| 24 | receiving such inquiry shall reply as it does in | ||||||
| 25 | response to inquiries when no records ever existed. | ||||||
| 26 | (D) The Department shall send written notice to the | ||||||
| |||||||
| |||||||
| 1 | petitioner of its compliance with each order to expunge | ||||||
| 2 | or seal records within 60 days of the date of service | ||||||
| 3 | of that order or, if a motion to vacate, modify, or | ||||||
| 4 | reconsider is filed, within 60 days of service of the | ||||||
| 5 | order resolving the motion, if that order requires the | ||||||
| 6 | Department to expunge or seal records. In the event of | ||||||
| 7 | an appeal from the circuit court order, the Department | ||||||
| 8 | shall send written notice to the petitioner of its | ||||||
| 9 | compliance with an Appellate Court or Supreme Court | ||||||
| 10 | judgment to expunge or seal records within 60 days of | ||||||
| 11 | the issuance of the court's mandate. The notice is not | ||||||
| 12 | required while any motion to vacate, modify, or | ||||||
| 13 | reconsider, or any appeal or petition for | ||||||
| 14 | discretionary appellate review, is pending. | ||||||
| 15 | (10) Fees. The Department may charge the petitioner a | ||||||
| 16 | fee equivalent to the cost of processing any order to | ||||||
| 17 | expunge or seal records. Notwithstanding any provision of | ||||||
| 18 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
| 19 | clerk may charge a fee equivalent to the cost associated | ||||||
| 20 | with the sealing or expungement of records by the circuit | ||||||
| 21 | court clerk. From the total filing fee collected for the | ||||||
| 22 | petition to seal or expunge, the circuit court clerk shall | ||||||
| 23 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
| 24 | Administrative Fund, to be used to offset the costs | ||||||
| 25 | incurred by the circuit court clerk in performing the | ||||||
| 26 | additional duties required to serve the petition to seal or | ||||||
| |||||||
| |||||||
| 1 | expunge on all parties. The circuit court clerk shall | ||||||
| 2 | collect and forward the Department of State Police portion | ||||||
| 3 | of the fee to the Department and it shall be deposited in | ||||||
| 4 | the State Police Services Fund. | ||||||
| 5 | (11) Final Order. No court order issued under the | ||||||
| 6 | expungement or sealing provisions of this Section shall | ||||||
| 7 | become final for purposes of appeal until 30 days after | ||||||
| 8 | service of the order on the petitioner and all parties | ||||||
| 9 | entitled to notice of the petition. | ||||||
| 10 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
| 11 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
| 12 | petitioner or any party entitled to notice may file a | ||||||
| 13 | motion to vacate, modify, or reconsider the order granting | ||||||
| 14 | or denying the petition to expunge or seal within 60 days | ||||||
| 15 | of service of the order. If filed more than 60 days after | ||||||
| 16 | service of the order, a petition to vacate, modify, or | ||||||
| 17 | reconsider shall comply with subsection (c) of Section | ||||||
| 18 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
| 19 | motion to vacate, modify, or reconsider, notice of the | ||||||
| 20 | motion shall be served upon the petitioner and all parties | ||||||
| 21 | entitled to notice of the petition. | ||||||
| 22 | (13) Effect of Order. An order granting a petition | ||||||
| 23 | under the expungement or sealing provisions of this Section | ||||||
| 24 | shall not be considered void because it fails to comply | ||||||
| 25 | with the provisions of this Section or because of any error | ||||||
| 26 | asserted in a motion to vacate, modify, or reconsider. The | ||||||
| |||||||
| |||||||
| 1 | circuit court retains jurisdiction to determine whether | ||||||
| 2 | the order is voidable and to vacate, modify, or reconsider | ||||||
| 3 | its terms based on a motion filed under paragraph (12) of | ||||||
| 4 | this subsection (d). | ||||||
| 5 | (14) Compliance with Order Granting Petition to Seal | ||||||
| 6 | Records. Unless a court has entered a stay of an order | ||||||
| 7 | granting a petition to seal, all parties entitled to notice | ||||||
| 8 | of the petition must fully comply with the terms of the | ||||||
| 9 | order within 60 days of service of the order even if a | ||||||
| 10 | party is seeking relief from the order through a motion | ||||||
| 11 | filed under paragraph (12) of this subsection (d) or is | ||||||
| 12 | appealing the order. | ||||||
| 13 | (15) Compliance with Order Granting Petition to | ||||||
| 14 | Expunge Records. While a party is seeking relief from the | ||||||
| 15 | order granting the petition to expunge through a motion | ||||||
| 16 | filed under paragraph (12) of this subsection (d) or is | ||||||
| 17 | appealing the order, and unless a court has entered a stay | ||||||
| 18 | of that order, the parties entitled to notice of the | ||||||
| 19 | petition must seal, but need not expunge, the records until | ||||||
| 20 | there is a final order on the motion for relief or, in the | ||||||
| 21 | case of an appeal, the issuance of that court's mandate. | ||||||
| 22 | (16) The changes to this subsection (d) made by Public | ||||||
| 23 | Act 98-163 this amendatory Act of the 98th General Assembly | ||||||
| 24 | apply to all petitions pending on August 5, 2013 (the | ||||||
| 25 | effective date of Public Act 98-163) this amendatory Act of | ||||||
| 26 | the 98th General Assembly and to all orders ruling on a | ||||||
| |||||||
| |||||||
| 1 | petition to expunge or seal on or after August 5, 2013 (the | ||||||
| 2 | effective date of Public Act 98-163) this amendatory Act of | ||||||
| 3 | the 98th General Assembly. | ||||||
| 4 | (e) Whenever a person who has been convicted of an offense | ||||||
| 5 | is granted
a pardon by the Governor which specifically | ||||||
| 6 | authorizes expungement, he or she may,
upon verified petition | ||||||
| 7 | to the Chief Judge of the circuit where the person had
been | ||||||
| 8 | convicted, any judge of the circuit designated by the Chief | ||||||
| 9 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
| 10 | presiding trial judge at the
defendant's trial, have a court | ||||||
| 11 | order entered expunging the record of
arrest from the official | ||||||
| 12 | records of the arresting authority and order that the
records | ||||||
| 13 | of the circuit court clerk and the Department be sealed until
| ||||||
| 14 | further order of the court upon good cause shown or as | ||||||
| 15 | otherwise provided
herein, and the name of the defendant | ||||||
| 16 | obliterated from the official index
requested to be kept by the | ||||||
| 17 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
| 18 | Act in connection with the arrest and conviction for the | ||||||
| 19 | offense for
which he or she had been pardoned but the order | ||||||
| 20 | shall not affect any index issued by
the circuit court clerk | ||||||
| 21 | before the entry of the order. All records sealed by
the | ||||||
| 22 | Department may be disseminated by the Department only to the | ||||||
| 23 | arresting authority, the State's Attorney, and the court upon a | ||||||
| 24 | later
arrest for the same or similar offense or for the purpose | ||||||
| 25 | of sentencing for any
subsequent felony. Upon conviction for | ||||||
| 26 | any subsequent offense, the Department
of Corrections shall | ||||||
| |||||||
| |||||||
| 1 | have access to all sealed records of the Department
pertaining | ||||||
| 2 | to that individual. Upon entry of the order of expungement, the
| ||||||
| 3 | circuit court clerk shall promptly mail a copy of the order to | ||||||
| 4 | the
person who was pardoned. | ||||||
| 5 | (e-5) Whenever a person who has been convicted of an | ||||||
| 6 | offense is granted a certificate of eligibility for sealing by | ||||||
| 7 | the Prisoner Review Board which specifically authorizes | ||||||
| 8 | sealing, he or she may, upon verified petition to the Chief | ||||||
| 9 | Judge of the circuit where the person had been convicted, any | ||||||
| 10 | judge of the circuit designated by the Chief Judge, or in | ||||||
| 11 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
| 12 | trial judge at the petitioner's trial, have a court order | ||||||
| 13 | entered sealing the record of arrest from the official records | ||||||
| 14 | of the arresting authority and order that the records of the | ||||||
| 15 | circuit court clerk and the Department be sealed until further | ||||||
| 16 | order of the court upon good cause shown or as otherwise | ||||||
| 17 | provided herein, and the name of the petitioner obliterated | ||||||
| 18 | from the official index requested to be kept by the circuit | ||||||
| 19 | court clerk under Section 16 of the Clerks of Courts Act in | ||||||
| 20 | connection with the arrest and conviction for the offense for | ||||||
| 21 | which he or she had been granted the certificate but the order | ||||||
| 22 | shall not affect any index issued by the circuit court clerk | ||||||
| 23 | before the entry of the order. All records sealed by the | ||||||
| 24 | Department may be disseminated by the Department only as | ||||||
| 25 | required by this Act or to the arresting authority, a law | ||||||
| 26 | enforcement agency, the State's Attorney, and the court upon a | ||||||
| |||||||
| |||||||
| 1 | later arrest for the same or similar offense or for the purpose | ||||||
| 2 | of sentencing for any subsequent felony. Upon conviction for | ||||||
| 3 | any subsequent offense, the Department of Corrections shall | ||||||
| 4 | have access to all sealed records of the Department pertaining | ||||||
| 5 | to that individual. Upon entry of the order of sealing, the | ||||||
| 6 | circuit court clerk shall promptly mail a copy of the order to | ||||||
| 7 | the person who was granted the certificate of eligibility for | ||||||
| 8 | sealing. | ||||||
| 9 | (e-6) Whenever a person who has been convicted of an | ||||||
| 10 | offense is granted a certificate of eligibility for expungement | ||||||
| 11 | by the Prisoner Review Board which specifically authorizes | ||||||
| 12 | expungement, he or she may, upon verified petition to the Chief | ||||||
| 13 | Judge of the circuit where the person had been convicted, any | ||||||
| 14 | judge of the circuit designated by the Chief Judge, or in | ||||||
| 15 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
| 16 | trial judge at the petitioner's trial, have a court order | ||||||
| 17 | entered expunging the record of arrest from the official | ||||||
| 18 | records of the arresting authority and order that the records | ||||||
| 19 | of the circuit court clerk and the Department be sealed until | ||||||
| 20 | further order of the court upon good cause shown or as | ||||||
| 21 | otherwise provided herein, and the name of the petitioner | ||||||
| 22 | obliterated from the official index requested to be kept by the | ||||||
| 23 | circuit court clerk under Section 16 of the Clerks of Courts | ||||||
| 24 | Act in connection with the arrest and conviction for the | ||||||
| 25 | offense for which he or she had been granted the certificate | ||||||
| 26 | but the order shall not affect any index issued by the circuit | ||||||
| |||||||
| |||||||
| 1 | court clerk before the entry of the order. All records sealed | ||||||
| 2 | by the Department may be disseminated by the Department only as | ||||||
| 3 | required by this Act or to the arresting authority, a law | ||||||
| 4 | enforcement agency, the State's Attorney, and the court upon a | ||||||
| 5 | later arrest for the same or similar offense or for the purpose | ||||||
| 6 | of sentencing for any subsequent felony. Upon conviction for | ||||||
| 7 | any subsequent offense, the Department of Corrections shall | ||||||
| 8 | have access to all expunged records of the Department | ||||||
| 9 | pertaining to that individual. Upon entry of the order of | ||||||
| 10 | expungement, the circuit court clerk shall promptly mail a copy | ||||||
| 11 | of the order to the person who was granted the certificate of | ||||||
| 12 | eligibility for expungement. | ||||||
| 13 | (f) Subject to available funding, the Illinois Department
| ||||||
| 14 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
| 15 | especially on employment and recidivism rates, utilizing a
| ||||||
| 16 | random sample of those who apply for the sealing of their
| ||||||
| 17 | criminal records under Public Act 93-211. At the request of the
| ||||||
| 18 | Illinois Department of Corrections, records of the Illinois
| ||||||
| 19 | Department of Employment Security shall be utilized as
| ||||||
| 20 | appropriate to assist in the study. The study shall not
| ||||||
| 21 | disclose any data in a manner that would allow the
| ||||||
| 22 | identification of any particular individual or employing unit.
| ||||||
| 23 | The study shall be made available to the General Assembly no
| ||||||
| 24 | later than September 1, 2010.
| ||||||
| 25 | (Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; | ||||||
| 26 | 97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | ||||||
| |||||||
| |||||||
| 1 | 1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, | ||||||
| 2 | eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, | ||||||
| 3 | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised | ||||||
| 4 | 9-4-13.)
| ||||||
| 5 | Section 110. The Governor's Office of Management and Budget | ||||||
| 6 | Act is amended by changing Section 2.7 as follows:
| ||||||
| 7 | (20 ILCS 3005/2.7)
| ||||||
| 8 | Sec. 2.7. Securities information. To assist those entities | ||||||
| 9 | underwriting
securities that are payable from State | ||||||
| 10 | appropriations, whether issued by the
State or by others, by | ||||||
| 11 | providing financial and other information regarding the
State | ||||||
| 12 | to securities investors, nationally recognized securities | ||||||
| 13 | information
repositories,
or the federal Municipal Securities | ||||||
| 14 | Rulemaking Board, and to any State
information depository as | ||||||
| 15 | required by the federal Securities and Exchange Act
of 1934 and | ||||||
| 16 | the rules promulgated thereunder. The Governor's Office of
| ||||||
| 17 | Management and Budget is the
only State office authorized to | ||||||
| 18 | provide such
information.
| ||||||
| 19 | (Source: P.A. 93-25, eff. 6-20-03; revised 9-4-13.)
| ||||||
| 20 | Section 115. The Capital Development Board Act is amended | ||||||
| 21 | by changing Section 14 as follows:
| ||||||
| 22 | (20 ILCS 3105/14) (from Ch. 127, par. 783.01)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 14.
(a) It is the purpose of this Act to provide for | ||||||
| 2 | the promotion
and preservation of the arts by securing suitable | ||||||
| 3 | works of art for the
adornment of public buildings constructed | ||||||
| 4 | or subjected to major renovation by
the State or which utilize | ||||||
| 5 | State funds, and thereby reflecting the diverse cultural | ||||||
| 6 | heritage of Illinois, with emphasis on the works of Illinois | ||||||
| 7 | artists.
| ||||||
| 8 | (b) As used in this Act, "works : "Works of art" shall apply | ||||||
| 9 | to and include
paintings, prints, sculptures, graphics, mural | ||||||
| 10 | decorations, stained glass,
statues, bas reliefs, ornaments, | ||||||
| 11 | fountains, ornamental
gateways, or other creative works which | ||||||
| 12 | reflect form, beauty and aesthetic
perceptions.
| ||||||
| 13 | (c) Beginning with the fiscal year ending June 30, 1979, | ||||||
| 14 | and for each
succeeding fiscal year thereafter, for | ||||||
| 15 | construction projects managed by the Capital Development | ||||||
| 16 | Board, the Capital Development Board shall set
aside 1/2 of 1 | ||||||
| 17 | percent of the amount authorized and appropriated for
| ||||||
| 18 | construction or reconstruction of each public building | ||||||
| 19 | financed in whole or in
part by State funds and generally | ||||||
| 20 | accessible to and used by the public for
purchase and placement | ||||||
| 21 | of suitable works of art in such public buildings. The
location | ||||||
| 22 | and character of the work or works of art to be installed in | ||||||
| 23 | such
public buildings shall be determined by the Chairperson of | ||||||
| 24 | the Illinois Arts Council, in consultation with the designing | ||||||
| 25 | architect. The work or works of art shall be in a permanent and | ||||||
| 26 | prominent location..
| ||||||
| |||||||
| |||||||
| 1 | (d) There is created a Fine Arts Review Committee | ||||||
| 2 | consisting of the
designing
architect, the Chairperson of the | ||||||
| 3 | Illinois Arts Council or his or her designee, who shall serve | ||||||
| 4 | as the chair of the Committee, the
Director of the Illinois | ||||||
| 5 | State Museum or his or her designee, and a representative of | ||||||
| 6 | the using agency.
The Committee, after such study as it deems | ||||||
| 7 | necessary, shall recommend three
artists or works of art in | ||||||
| 8 | order of preference. The Chairperson of the Illinois Arts | ||||||
| 9 | Council will make the final selection from among the | ||||||
| 10 | recommendations
submitted. The Illinois Arts Council shall | ||||||
| 11 | provide administrative support for the Fine Arts Review | ||||||
| 12 | Committee and may promulgate rules to implement this | ||||||
| 13 | subsection.
| ||||||
| 14 | (e) Subsection (c) does not apply to construction projects | ||||||
| 15 | for which the amount appropriated is less than $1,000,000.
| ||||||
| 16 | (f) The Capital Development Board shall enter into a | ||||||
| 17 | contract with the artist, or with the owner of the work or | ||||||
| 18 | works of art, selected by the Chairperson of the Illinois Arts | ||||||
| 19 | Council as provided in subsection (d) of this Section. The | ||||||
| 20 | total amount of the contract or contracts shall not exceed the | ||||||
| 21 | amount set aside pursuant to subsection (c) of this Section. If | ||||||
| 22 | the Capital Development Board cannot reach an agreement with | ||||||
| 23 | the artist or owner of the work or works of art, then the Board | ||||||
| 24 | shall notify the Chairperson of the Illinois Arts Council, and | ||||||
| 25 | the Chairperson may select a different artist or work or works | ||||||
| 26 | of art from the three recommendations made by the Fine Arts | ||||||
| |||||||
| |||||||
| 1 | Review Committee.
| ||||||
| 2 | (Source: P.A. 98-572, eff. 1-1-14; revised 11-12-13.)
| ||||||
| 3 | Section 120. The Illinois Emergency Management Agency Act | ||||||
| 4 | is amended by changing Section 21 as follows:
| ||||||
| 5 | (20 ILCS 3305/21) (from Ch. 127, par. 1071)
| ||||||
| 6 | Sec. 21. No Private Liability.
| ||||||
| 7 | (a) Any person owning or controlling
real estate or other | ||||||
| 8 | premises who voluntarily and without compensation grants a
| ||||||
| 9 | license or privilege, or otherwise permits the designation or | ||||||
| 10 | use of the
whole or any part or parts of such real estate or | ||||||
| 11 | premises for the purpose
of sheltering persons during an actual | ||||||
| 12 | or impending disaster, or an a exercise together with his or | ||||||
| 13 | her successors in
interest, if any, shall not be civilly liable | ||||||
| 14 | for negligently causing the
death of, or injury to, any person | ||||||
| 15 | on or about such real estate or premises
under such license, | ||||||
| 16 | privilege or other permission, or for negligently
causing loss | ||||||
| 17 | of, or damage to, the property of such person.
| ||||||
| 18 | (b) Any private person, firm or corporation and employees | ||||||
| 19 | and agents of such
person, firm or corporation in the | ||||||
| 20 | performance of a contract with, and under
the direction of, the | ||||||
| 21 | State, or any political
subdivision of the State under the | ||||||
| 22 | provisions of this Act shall not be
civilly liable for causing | ||||||
| 23 | the death of, or injury to, any person or damage
to any | ||||||
| 24 | property except in the event of willful misconduct.
| ||||||
| |||||||
| |||||||
| 1 | (c) Any private person, firm or corporation, and any | ||||||
| 2 | employee or agent
of such person, firm or corporation, who | ||||||
| 3 | renders assistance or advice at
the request of the State, or | ||||||
| 4 | any political
subdivision of the State under this Act during an | ||||||
| 5 | actual or impending
disaster, shall not be civilly liable for | ||||||
| 6 | causing the death of, or injury
to, any person or damage to any | ||||||
| 7 | property except in the event of willful
misconduct.
| ||||||
| 8 | The immunities provided in this subsection (c) shall not | ||||||
| 9 | apply to any
private person, firm or corporation, or to any | ||||||
| 10 | employee or agent of such
person, firm or corporation
whose act | ||||||
| 11 | or omission caused in whole or in part such actual or
impending | ||||||
| 12 | disaster and who would otherwise be liable therefor.
| ||||||
| 13 | (Source: P.A. 92-73, eff. 1-1-02; revised 10-7-13.)
| ||||||
| 14 | Section 125. The Illinois Finance Authority Act is amended | ||||||
| 15 | by changing Section 801-10 as follows:
| ||||||
| 16 | (20 ILCS 3501/801-10)
| ||||||
| 17 | Sec. 801-10. Definitions. The following terms, whenever | ||||||
| 18 | used or referred
to
in this Act, shall have the following | ||||||
| 19 | meanings, except in such instances where
the context may | ||||||
| 20 | clearly indicate otherwise:
| ||||||
| 21 | (a) The term "Authority" means the Illinois Finance | ||||||
| 22 | Authority created by
this Act.
| ||||||
| 23 | (b) The term "project" means an industrial project, | ||||||
| 24 | conservation project, housing project, public
purpose project, | ||||||
| |||||||
| |||||||
| 1 | higher education project, health facility project, cultural
| ||||||
| 2 | institution project, municipal bond program project, | ||||||
| 3 | agricultural facility or agribusiness, and "project" may
| ||||||
| 4 | include any combination of one or more of the foregoing | ||||||
| 5 | undertaken jointly by
any person with one or more other | ||||||
| 6 | persons.
| ||||||
| 7 | (c) The term "public purpose project" means any project or | ||||||
| 8 | facility,
including
without limitation land, buildings, | ||||||
| 9 | structures, machinery, equipment and all
other real and | ||||||
| 10 | personal property, which is authorized or required by law to be
| ||||||
| 11 | acquired, constructed, improved, rehabilitated, reconstructed, | ||||||
| 12 | replaced or
maintained by any unit of government or any other | ||||||
| 13 | lawful public purpose which
is authorized or required by law to | ||||||
| 14 | be undertaken by any unit of government.
| ||||||
| 15 | (d) The term "industrial project" means the acquisition, | ||||||
| 16 | construction,
refurbishment, creation, development or | ||||||
| 17 | redevelopment of any facility,
equipment, machinery, real | ||||||
| 18 | property or personal property for use by any
instrumentality of | ||||||
| 19 | the State or its political subdivisions, for use by any
person | ||||||
| 20 | or institution, public or private, for profit or not for | ||||||
| 21 | profit, or for
use in any trade or business, including, but not | ||||||
| 22 | limited to, any industrial,
manufacturing or commercial | ||||||
| 23 | enterprise that is located within or outside the State, | ||||||
| 24 | provided that, with respect to a project involving property | ||||||
| 25 | located outside the State, the property must be owned, | ||||||
| 26 | operated, leased or managed by an entity located within the | ||||||
| |||||||
| |||||||
| 1 | State or an entity affiliated with an entity located within the | ||||||
| 2 | State, and which is (1) a capital project,
including, but not | ||||||
| 3 | limited to: (i) land and any rights therein, one or more
| ||||||
| 4 | buildings, structures or other improvements, machinery and | ||||||
| 5 | equipment, whether
now existing or hereafter acquired, and | ||||||
| 6 | whether or not located on the same site
or sites; (ii) all | ||||||
| 7 | appurtenances and facilities incidental to the foregoing,
| ||||||
| 8 | including, but not limited to, utilities, access roads, | ||||||
| 9 | railroad sidings, track,
docking and similar facilities, | ||||||
| 10 | parking facilities, dockage, wharfage, railroad
roadbed, | ||||||
| 11 | track, trestle, depot, terminal, switching and signaling or | ||||||
| 12 | related
equipment, site preparation and landscaping; and (iii) | ||||||
| 13 | all non-capital costs
and expenses relating thereto or (2) any | ||||||
| 14 | addition to, renovation,
rehabilitation or
improvement of a | ||||||
| 15 | capital project or (3) any activity or undertaking within or | ||||||
| 16 | outside the State, provided that, with respect to a project | ||||||
| 17 | involving property located outside the State, the property must | ||||||
| 18 | be owned, operated, leased or managed by an entity located | ||||||
| 19 | within the State or an entity affiliated with an entity located | ||||||
| 20 | within the State, which the
Authority determines will aid, | ||||||
| 21 | assist or encourage economic growth, development
or | ||||||
| 22 | redevelopment within the State or any area thereof, will | ||||||
| 23 | promote the
expansion, retention or diversification of | ||||||
| 24 | employment opportunities within the
State or any area thereof | ||||||
| 25 | or will aid in stabilizing or developing any industry
or | ||||||
| 26 | economic sector of the State economy. The term "industrial | ||||||
| |||||||
| |||||||
| 1 | project" also
means the production of motion pictures.
| ||||||
| 2 | (e) The term "bond" or "bonds" shall include bonds, notes | ||||||
| 3 | (including bond,
grant or revenue anticipation notes), | ||||||
| 4 | certificates and/or other evidences of
indebtedness | ||||||
| 5 | representing an obligation to pay money, including refunding
| ||||||
| 6 | bonds.
| ||||||
| 7 | (f) The terms "lease agreement" and "loan agreement" shall | ||||||
| 8 | mean: (i) an
agreement whereby a project acquired by the | ||||||
| 9 | Authority by purchase, gift or
lease
is leased to any person, | ||||||
| 10 | corporation or unit of local government which will use
or cause | ||||||
| 11 | the project to be used as a project as heretofore defined upon | ||||||
| 12 | terms
providing for lease rental payments at least sufficient | ||||||
| 13 | to pay when due all
principal of, interest and premium, if any, | ||||||
| 14 | on any bonds of the Authority
issued
with respect to such | ||||||
| 15 | project, providing for the maintenance, insuring and
operation | ||||||
| 16 | of the project on terms satisfactory to the Authority, | ||||||
| 17 | providing for
disposition of the project upon termination of | ||||||
| 18 | the lease term, including
purchase options or abandonment of | ||||||
| 19 | the premises, and such other terms as may be
deemed desirable | ||||||
| 20 | by the Authority, or (ii) any agreement pursuant to which the
| ||||||
| 21 | Authority agrees to loan the proceeds of its bonds issued with | ||||||
| 22 | respect to a
project or other funds of the Authority to any | ||||||
| 23 | person which will use or cause
the project to be used as a | ||||||
| 24 | project as heretofore defined upon terms providing
for loan | ||||||
| 25 | repayment installments at least sufficient to pay when due all
| ||||||
| 26 | principal of, interest and premium, if any, on any bonds of the | ||||||
| |||||||
| |||||||
| 1 | Authority, if
any, issued with respect to the project, and | ||||||
| 2 | providing for maintenance,
insurance and other matters as may | ||||||
| 3 | be deemed desirable by the Authority.
| ||||||
| 4 | (g) The term "financial aid" means the expenditure of | ||||||
| 5 | Authority funds or
funds provided by the Authority through the | ||||||
| 6 | issuance of its bonds, notes or
other
evidences of indebtedness | ||||||
| 7 | or from other sources for the development,
construction, | ||||||
| 8 | acquisition or improvement of a project.
| ||||||
| 9 | (h) The term "person" means an individual, corporation, | ||||||
| 10 | unit of government,
business trust, estate, trust, partnership | ||||||
| 11 | or association, 2 or more persons
having a joint or common | ||||||
| 12 | interest, or any other legal entity.
| ||||||
| 13 | (i) The term "unit of government" means the federal | ||||||
| 14 | government, the State or
unit of local government, a school | ||||||
| 15 | district, or any agency or instrumentality,
office, officer, | ||||||
| 16 | department, division, bureau, commission, college or
| ||||||
| 17 | university thereof.
| ||||||
| 18 | (j) The term "health facility" means: (a) any public or | ||||||
| 19 | private institution,
place, building, or agency required to be | ||||||
| 20 | licensed under the Hospital Licensing
Act; (b) any public or | ||||||
| 21 | private institution, place, building, or agency required
to be | ||||||
| 22 | licensed under the Nursing Home Care Act, the Specialized | ||||||
| 23 | Mental Health Rehabilitation Act of 2013, or the ID/DD | ||||||
| 24 | Community Care Act; (c)
any public or licensed private hospital | ||||||
| 25 | as defined in the Mental Health and
Developmental Disabilities | ||||||
| 26 | Code; (d) any such facility exempted from such
licensure when | ||||||
| |||||||
| |||||||
| 1 | the Director of Public Health attests that such exempted
| ||||||
| 2 | facility
meets the statutory definition of a facility subject | ||||||
| 3 | to licensure; (e) any
other
public or private health service | ||||||
| 4 | institution, place, building, or agency which
the Director of | ||||||
| 5 | Public Health attests is subject to certification by the
| ||||||
| 6 | Secretary, U.S. Department of Health and Human Services under | ||||||
| 7 | the Social
Security Act, as now or hereafter amended, or which | ||||||
| 8 | the Director of Public
Health attests is subject to | ||||||
| 9 | standard-setting by a recognized public or
voluntary | ||||||
| 10 | accrediting or standard-setting agency; (f) any public or | ||||||
| 11 | private
institution, place, building or agency engaged in | ||||||
| 12 | providing one or more
supporting services to a health facility; | ||||||
| 13 | (g) any public or private
institution,
place, building or | ||||||
| 14 | agency engaged in providing training in the healing arts,
| ||||||
| 15 | including, but not limited to, schools of medicine, dentistry, | ||||||
| 16 | osteopathy,
optometry, podiatry, pharmacy or nursing, schools | ||||||
| 17 | for the training of x-ray,
laboratory or other health care | ||||||
| 18 | technicians and schools for the training of
para-professionals | ||||||
| 19 | in the health care field; (h) any public or private
congregate, | ||||||
| 20 | life or extended care or elderly housing facility or any public | ||||||
| 21 | or
private home for the aged or infirm, including, without | ||||||
| 22 | limitation, any
Facility as defined in the Life Care Facilities | ||||||
| 23 | Act; (i) any public or private
mental, emotional or physical | ||||||
| 24 | rehabilitation facility or any public or private
educational, | ||||||
| 25 | counseling, or rehabilitation facility or home, for those | ||||||
| 26 | persons
with a developmental disability, those who are | ||||||
| |||||||
| |||||||
| 1 | physically ill or disabled, the
emotionally disturbed, those | ||||||
| 2 | persons with a mental illness or persons with
learning or | ||||||
| 3 | similar disabilities or problems; (j) any public or private
| ||||||
| 4 | alcohol, drug or substance abuse diagnosis, counseling | ||||||
| 5 | treatment or
rehabilitation
facility, (k) any public or private | ||||||
| 6 | institution, place, building or agency
licensed by the | ||||||
| 7 | Department of Children and Family Services or which is not so
| ||||||
| 8 | licensed but which the Director of Children and Family Services | ||||||
| 9 | attests
provides child care, child welfare or other services of | ||||||
| 10 | the type provided by
facilities
subject to such licensure; (l) | ||||||
| 11 | any public or private adoption agency or
facility; and (m) any | ||||||
| 12 | public or private blood bank or blood center. "Health
facility" | ||||||
| 13 | also means a public or private structure or structures suitable
| ||||||
| 14 | primarily for use as a laboratory, laundry, nurses or interns | ||||||
| 15 | residence or
other housing or hotel facility used in whole or | ||||||
| 16 | in part for staff, employees
or
students and their families, | ||||||
| 17 | patients or relatives of patients admitted for
treatment or | ||||||
| 18 | care in a health facility, or persons conducting business with | ||||||
| 19 | a
health facility, physician's facility, surgicenter, | ||||||
| 20 | administration building,
research facility, maintenance, | ||||||
| 21 | storage or utility facility and all structures
or facilities | ||||||
| 22 | related to any of the foregoing or required or useful for the
| ||||||
| 23 | operation of a health facility, including parking or other | ||||||
| 24 | facilities or other
supporting service structures required or | ||||||
| 25 | useful for the orderly conduct of
such health facility. "Health | ||||||
| 26 | facility" also means, with respect to a project located outside | ||||||
| |||||||
| |||||||
| 1 | the State, any public or private institution, place, building, | ||||||
| 2 | or agency which provides services similar to those described | ||||||
| 3 | above, provided that such project is owned, operated, leased or | ||||||
| 4 | managed by a participating health institution located within | ||||||
| 5 | the State, or a participating health institution affiliated | ||||||
| 6 | with an entity located within the State.
| ||||||
| 7 | (k) The term "participating health institution" means (i) a | ||||||
| 8 | private corporation
or association or (ii) a public entity of | ||||||
| 9 | this State, in either case authorized by the laws of this
State | ||||||
| 10 | or the applicable state to provide or operate a health facility | ||||||
| 11 | as defined in this Act and which,
pursuant to the provisions of | ||||||
| 12 | this Act, undertakes the financing, construction
or | ||||||
| 13 | acquisition of a project or undertakes the refunding or | ||||||
| 14 | refinancing of
obligations, loans, indebtedness or advances as | ||||||
| 15 | provided in this Act.
| ||||||
| 16 | (l) The term "health facility project", means a specific | ||||||
| 17 | health facility
work
or improvement to be financed or | ||||||
| 18 | refinanced (including without limitation
through reimbursement | ||||||
| 19 | of prior expenditures), acquired, constructed, enlarged,
| ||||||
| 20 | remodeled, renovated, improved, furnished, or equipped, with | ||||||
| 21 | funds provided in
whole or in part hereunder, any accounts | ||||||
| 22 | receivable, working capital, liability
or insurance cost or | ||||||
| 23 | operating expense financing or refinancing program of a
health | ||||||
| 24 | facility with or involving funds provided in whole or in part | ||||||
| 25 | hereunder,
or any combination thereof.
| ||||||
| 26 | (m) The term "bond resolution" means the resolution or | ||||||
| |||||||
| |||||||
| 1 | resolutions
authorizing the issuance of, or providing terms and | ||||||
| 2 | conditions related to,
bonds issued
under this Act and | ||||||
| 3 | includes, where appropriate, any trust agreement, trust
| ||||||
| 4 | indenture, indenture of mortgage or deed of trust providing | ||||||
| 5 | terms and
conditions for such bonds.
| ||||||
| 6 | (n) The term "property" means any real, personal or mixed | ||||||
| 7 | property, whether
tangible or intangible, or any interest | ||||||
| 8 | therein, including, without limitation,
any real estate, | ||||||
| 9 | leasehold interests, appurtenances, buildings, easements,
| ||||||
| 10 | equipment, furnishings, furniture, improvements, machinery, | ||||||
| 11 | rights of way,
structures, accounts, contract rights or any | ||||||
| 12 | interest therein.
| ||||||
| 13 | (o) The term "revenues" means, with respect to any project, | ||||||
| 14 | the rents, fees,
charges, interest, principal repayments, | ||||||
| 15 | collections and other income or profit
derived therefrom.
| ||||||
| 16 | (p) The term "higher education project" means, in the case | ||||||
| 17 | of a private
institution of higher education, an educational | ||||||
| 18 | facility to be acquired,
constructed, enlarged, remodeled, | ||||||
| 19 | renovated, improved, furnished, or equipped,
or any | ||||||
| 20 | combination thereof.
| ||||||
| 21 | (q) The term "cultural institution project" means, in the | ||||||
| 22 | case of a cultural
institution, a cultural facility to be | ||||||
| 23 | acquired, constructed, enlarged,
remodeled, renovated, | ||||||
| 24 | improved, furnished, or equipped, or any combination
thereof.
| ||||||
| 25 | (r) The term "educational facility" means any property | ||||||
| 26 | located within the
State, or any property located outside the | ||||||
| |||||||
| |||||||
| 1 | State, provided that, if the property is located outside the | ||||||
| 2 | State, it must be owned, operated, leased or managed by an | ||||||
| 3 | entity located within the State or an entity affiliated with an | ||||||
| 4 | entity located within the State, in each case
constructed or | ||||||
| 5 | acquired before or after the effective date of this Act, which
| ||||||
| 6 | is
or will be, in whole or in part, suitable for the | ||||||
| 7 | instruction, feeding,
recreation or housing of students, the | ||||||
| 8 | conducting of research or other work of
a
private institution | ||||||
| 9 | of higher education, the use by a private institution of
higher | ||||||
| 10 | education in connection with any educational, research or | ||||||
| 11 | related or
incidental activities then being or to be conducted | ||||||
| 12 | by it, or any combination
of the foregoing, including, without | ||||||
| 13 | limitation, any such property suitable for
use as or in | ||||||
| 14 | connection with any one or more of the following: an academic
| ||||||
| 15 | facility, administrative facility, agricultural facility, | ||||||
| 16 | assembly hall,
athletic facility, auditorium, boating | ||||||
| 17 | facility, campus, communication
facility,
computer facility, | ||||||
| 18 | continuing education facility, classroom, dining hall,
| ||||||
| 19 | dormitory, exhibition hall, fire fighting facility, fire | ||||||
| 20 | prevention facility,
food service and preparation facility, | ||||||
| 21 | gymnasium, greenhouse, health care
facility, hospital, | ||||||
| 22 | housing, instructional facility, laboratory, library,
| ||||||
| 23 | maintenance facility, medical facility, museum, offices, | ||||||
| 24 | parking area,
physical education facility, recreational | ||||||
| 25 | facility, research facility, stadium,
storage facility, | ||||||
| 26 | student union, study facility, theatre or utility.
| ||||||
| |||||||
| |||||||
| 1 | (s) The term "cultural facility" means any property located | ||||||
| 2 | within the State, or any property located outside the State, | ||||||
| 3 | provided that, if the property is located outside the State, it | ||||||
| 4 | must be owned, operated, leased or managed by an entity located | ||||||
| 5 | within the State or an entity affiliated with an entity located | ||||||
| 6 | within the State, in each case
constructed or acquired before | ||||||
| 7 | or after the effective date of this Act, which
is or will be, | ||||||
| 8 | in whole or in part, suitable for the particular purposes or
| ||||||
| 9 | needs
of a cultural institution, including, without | ||||||
| 10 | limitation, any such property
suitable for use as or in | ||||||
| 11 | connection with any one or more of the following: an
| ||||||
| 12 | administrative facility, aquarium, assembly hall, auditorium, | ||||||
| 13 | botanical garden,
exhibition hall, gallery, greenhouse, | ||||||
| 14 | library, museum, scientific laboratory,
theater or zoological | ||||||
| 15 | facility, and shall also include, without limitation,
books, | ||||||
| 16 | works of art or music, animal, plant or aquatic life or other | ||||||
| 17 | items for
display, exhibition or performance. The term | ||||||
| 18 | "cultural facility" includes
buildings on the National | ||||||
| 19 | Register of Historic Places which are owned or
operated by | ||||||
| 20 | nonprofit entities.
| ||||||
| 21 | (t) "Private institution of higher education" means a | ||||||
| 22 | not-for-profit
educational institution which is not owned by | ||||||
| 23 | the State or any political
subdivision, agency, | ||||||
| 24 | instrumentality, district or municipality thereof, which
is
| ||||||
| 25 | authorized by law to provide a program of education beyond the | ||||||
| 26 | high school
level
and which:
| ||||||
| |||||||
| |||||||
| 1 | (1) Admits as regular students only individuals having | ||||||
| 2 | a
certificate of graduation from a high school, or the | ||||||
| 3 | recognized equivalent of
such a certificate;
| ||||||
| 4 | (2) Provides an educational program for which it awards | ||||||
| 5 | a
bachelor's degree, or provides an educational program, | ||||||
| 6 | admission into which is
conditioned upon the prior | ||||||
| 7 | attainment of a bachelor's degree or its equivalent,
for | ||||||
| 8 | which it awards a postgraduate degree, or provides not less | ||||||
| 9 | than a 2-year
program which is acceptable for full credit | ||||||
| 10 | toward such a degree, or offers a
2-year program in | ||||||
| 11 | engineering, mathematics, or the physical or biological
| ||||||
| 12 | sciences
which is designed to prepare the student to work | ||||||
| 13 | as a technician and at a
semiprofessional level in | ||||||
| 14 | engineering, scientific, or other technological
fields
| ||||||
| 15 | which require the understanding and application of basic | ||||||
| 16 | engineering,
scientific, or mathematical principles or | ||||||
| 17 | knowledge;
| ||||||
| 18 | (3) Is accredited by a nationally recognized | ||||||
| 19 | accrediting agency or
association or, if not so accredited, | ||||||
| 20 | is an institution whose credits are
accepted, on transfer, | ||||||
| 21 | by not less than 3 institutions which are so accredited,
| ||||||
| 22 | for credit on the same basis as if transferred from an | ||||||
| 23 | institution so
accredited, and holds an unrevoked | ||||||
| 24 | certificate of approval under the Private
College Act from | ||||||
| 25 | the Board of Higher Education, or is qualified as a
"degree | ||||||
| 26 | granting institution" under the Academic Degree Act; and
| ||||||
| |||||||
| |||||||
| 1 | (4) Does not discriminate in the admission of students | ||||||
| 2 | on the basis
of race or color.
"Private institution of | ||||||
| 3 | higher education" also includes any "academic
| ||||||
| 4 | institution".
| ||||||
| 5 | (u) The term "academic institution" means any | ||||||
| 6 | not-for-profit institution
which
is not owned by the State or | ||||||
| 7 | any political subdivision, agency,
instrumentality,
district | ||||||
| 8 | or municipality thereof, which institution engages in, or | ||||||
| 9 | facilitates
academic, scientific, educational or professional | ||||||
| 10 | research or learning in a
field or fields of study taught at a | ||||||
| 11 | private institution of higher education.
Academic institutions | ||||||
| 12 | include, without limitation, libraries, archives,
academic, | ||||||
| 13 | scientific, educational or professional societies, | ||||||
| 14 | institutions,
associations or foundations having such | ||||||
| 15 | purposes.
| ||||||
| 16 | (v) The term "cultural institution" means any | ||||||
| 17 | not-for-profit institution
which
is not owned by the State or | ||||||
| 18 | any political subdivision, agency,
instrumentality,
district | ||||||
| 19 | or municipality thereof, which institution engages in the | ||||||
| 20 | cultural,
intellectual, scientific, educational or artistic | ||||||
| 21 | enrichment of the people of
the State. Cultural institutions | ||||||
| 22 | include, without limitation, aquaria,
botanical societies, | ||||||
| 23 | historical societies, libraries, museums, performing arts
| ||||||
| 24 | associations or societies, scientific societies and zoological | ||||||
| 25 | societies.
| ||||||
| 26 | (w) The term "affiliate" means, with respect to financing | ||||||
| |||||||
| |||||||
| 1 | of an agricultural
facility or an agribusiness, any lender, any | ||||||
| 2 | person, firm or corporation
controlled by, or under common | ||||||
| 3 | control with, such lender, and any person, firm
or corporation | ||||||
| 4 | controlling such lender.
| ||||||
| 5 | (x) The term "agricultural facility" means land, any | ||||||
| 6 | building or other
improvement thereon or thereto, and any | ||||||
| 7 | personal properties deemed necessary or
suitable for use, | ||||||
| 8 | whether or not now in existence, in farming, ranching, the
| ||||||
| 9 | production of agricultural commodities (including, without | ||||||
| 10 | limitation, the
products of aquaculture, hydroponics and | ||||||
| 11 | silviculture) or the treating,
processing or storing of such | ||||||
| 12 | agricultural commodities when such activities are
customarily | ||||||
| 13 | engaged in by farmers as a part of farming and which land, | ||||||
| 14 | building, improvement or personal property is located within | ||||||
| 15 | the State, or is located outside the State, provided, that, if | ||||||
| 16 | such property is located outside the State, it must be owned, | ||||||
| 17 | operated, leased, or managed by an entity located within the | ||||||
| 18 | State or an entity affiliated with an entity located within the | ||||||
| 19 | State.
| ||||||
| 20 | (y) The term "lender" with respect to financing of an | ||||||
| 21 | agricultural facility
or an agribusiness, means any federal or | ||||||
| 22 | State chartered bank, Federal Land
Bank,
Production Credit | ||||||
| 23 | Association, Bank for Cooperatives, federal or State
chartered | ||||||
| 24 | savings and loan association or building and loan association, | ||||||
| 25 | Small
Business
Investment Company or any other institution | ||||||
| 26 | qualified within this State to
originate and service loans, | ||||||
| |||||||
| |||||||
| 1 | including, but without limitation to, insurance
companies, | ||||||
| 2 | credit unions and mortgage loan companies. "Lender" also means | ||||||
| 3 | a
wholly owned subsidiary of a manufacturer, seller or | ||||||
| 4 | distributor of goods or
services that makes loans to businesses | ||||||
| 5 | or individuals, commonly known as a
"captive finance company".
| ||||||
| 6 | (z) The term "agribusiness" means any sole proprietorship, | ||||||
| 7 | limited
partnership, co-partnership, joint venture, | ||||||
| 8 | corporation or cooperative which
operates or will operate a | ||||||
| 9 | facility located within the State or outside the State, | ||||||
| 10 | provided, that, if any facility is located outside the State, | ||||||
| 11 | it must be owned, operated, leased, or managed by an entity | ||||||
| 12 | located within the State or an entity affiliated with an entity | ||||||
| 13 | located within the State, that
is related to the
processing of | ||||||
| 14 | agricultural commodities (including, without limitation, the
| ||||||
| 15 | products of aquaculture, hydroponics and silviculture) or the | ||||||
| 16 | manufacturing,
production or construction of agricultural | ||||||
| 17 | buildings, structures, equipment,
implements, and supplies, or | ||||||
| 18 | any other facilities or processes used in
agricultural | ||||||
| 19 | production. Agribusiness includes but is not limited to the
| ||||||
| 20 | following:
| ||||||
| 21 | (1) grain handling and processing, including grain | ||||||
| 22 | storage,
drying, treatment, conditioning, mailing and | ||||||
| 23 | packaging;
| ||||||
| 24 | (2) seed and feed grain development and processing;
| ||||||
| 25 | (3) fruit and vegetable processing, including | ||||||
| 26 | preparation, canning
and packaging;
| ||||||
| |||||||
| |||||||
| 1 | (4) processing of livestock and livestock products, | ||||||
| 2 | dairy products,
poultry and poultry products, fish or | ||||||
| 3 | apiarian products, including slaughter,
shearing, | ||||||
| 4 | collecting, preparation, canning and packaging;
| ||||||
| 5 | (5) fertilizer and agricultural chemical | ||||||
| 6 | manufacturing,
processing, application and supplying;
| ||||||
| 7 | (6) farm machinery, equipment and implement | ||||||
| 8 | manufacturing and
supplying;
| ||||||
| 9 | (7) manufacturing and supplying of agricultural | ||||||
| 10 | commodity
processing machinery and equipment, including | ||||||
| 11 | machinery and equipment used in
slaughter, treatment, | ||||||
| 12 | handling, collecting, preparation, canning or packaging
of | ||||||
| 13 | agricultural commodities;
| ||||||
| 14 | (8) farm building and farm structure manufacturing, | ||||||
| 15 | construction
and supplying;
| ||||||
| 16 | (9) construction, manufacturing, implementation, | ||||||
| 17 | supplying or
servicing of irrigation, drainage and soil and | ||||||
| 18 | water conservation devices or
equipment;
| ||||||
| 19 | (10) fuel processing and development facilities that | ||||||
| 20 | produce fuel
from agricultural commodities or byproducts;
| ||||||
| 21 | (11) facilities and equipment for processing and | ||||||
| 22 | packaging
agricultural commodities specifically for | ||||||
| 23 | export;
| ||||||
| 24 | (12) facilities and equipment for forestry product | ||||||
| 25 | processing and
supplying, including sawmilling operations, | ||||||
| 26 | wood chip operations, timber
harvesting operations, and | ||||||
| |||||||
| |||||||
| 1 | manufacturing of prefabricated buildings, paper,
furniture | ||||||
| 2 | or other goods from forestry products;
| ||||||
| 3 | (13) facilities and equipment for research and | ||||||
| 4 | development of
products, processes and equipment for the | ||||||
| 5 | production, processing, preparation
or packaging of | ||||||
| 6 | agricultural commodities and byproducts.
| ||||||
| 7 | (aa) The term "asset" with respect to financing of any | ||||||
| 8 | agricultural facility
or
any agribusiness, means, but is not | ||||||
| 9 | limited to the following: cash crops or
feed on hand; livestock | ||||||
| 10 | held for sale; breeding stock; marketable bonds and
securities; | ||||||
| 11 | securities not readily marketable; accounts receivable; notes
| ||||||
| 12 | receivable; cash invested in growing crops; net cash value of | ||||||
| 13 | life insurance;
machinery and equipment; cars and trucks; farm | ||||||
| 14 | and other real estate including
life estates and personal | ||||||
| 15 | residence; value of beneficial interests in trusts;
government | ||||||
| 16 | payments or grants; and any other assets.
| ||||||
| 17 | (bb) The term "liability" with respect to financing of any | ||||||
| 18 | agricultural
facility or any agribusiness shall include, but | ||||||
| 19 | not be limited to the
following:
accounts payable; notes or | ||||||
| 20 | other indebtedness owed to any source; taxes; rent;
amounts | ||||||
| 21 | owed on real estate contracts or real estate mortgages; | ||||||
| 22 | judgments;
accrued interest payable; and any other liability.
| ||||||
| 23 | (cc) The term "Predecessor Authorities" means those | ||||||
| 24 | authorities as described
in Section 845-75.
| ||||||
| 25 | (dd) The term "housing project" means a specific work or | ||||||
| 26 | improvement located within the State or outside the State and
| ||||||
| |||||||
| |||||||
| 1 | undertaken
to provide residential dwelling accommodations, | ||||||
| 2 | including the acquisition,
construction or rehabilitation of | ||||||
| 3 | lands, buildings and community facilities and
in connection | ||||||
| 4 | therewith to provide nonhousing facilities which are part of | ||||||
| 5 | the
housing project, including land, buildings, improvements, | ||||||
| 6 | equipment and all
ancillary facilities for use for offices, | ||||||
| 7 | stores, retirement homes, hotels,
financial institutions, | ||||||
| 8 | service, health care, education, recreation or research
| ||||||
| 9 | establishments, or any other commercial purpose which are or | ||||||
| 10 | are to be related
to a housing development, provided that any | ||||||
| 11 | work or improvement located outside the State is owned, | ||||||
| 12 | operated, leased or managed by an entity located within the | ||||||
| 13 | State, or any entity affiliated with an entity located within | ||||||
| 14 | the State. | ||||||
| 15 | (ee) The term "conservation project" means any project | ||||||
| 16 | including the acquisition, construction, rehabilitation, | ||||||
| 17 | maintenance, operation, or upgrade that is intended to create | ||||||
| 18 | or expand open space or to reduce energy usage through | ||||||
| 19 | efficiency measures. For the purpose of this definition, "open | ||||||
| 20 | space" has the definition set forth under Section 10 of the | ||||||
| 21 | Illinois Open Land Trust Act.
| ||||||
| 22 | (ff) The term "significant presence" means the existence | ||||||
| 23 | within the State of the national or regional headquarters of an | ||||||
| 24 | entity or group or such other facility of an entity or group of | ||||||
| 25 | entities where a significant amount of the business functions | ||||||
| 26 | are performed for such entity or group of entities. | ||||||
| |||||||
| |||||||
| 1 | (gg) The term "municipal bond issuer" means the State or | ||||||
| 2 | any other state or commonwealth of the United States, or any | ||||||
| 3 | unit of local government, school district, agency or | ||||||
| 4 | instrumentality, office, department, division, bureau, | ||||||
| 5 | commission, college or university thereof located in the State | ||||||
| 6 | or any other state or commonwealth of the United States. | ||||||
| 7 | (hh) The term "municipal bond program project" means a | ||||||
| 8 | program for the funding of the purchase of bonds, notes or | ||||||
| 9 | other obligations issued by or on behalf of a municipal bond | ||||||
| 10 | issuer. | ||||||
| 11 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 12 | eff. 7-13-12; 98-90, eff. 7-15-13; 98-104, eff. 7-22-13; | ||||||
| 13 | revised 8-9-13.)
| ||||||
| 14 | Section 130. The Illinois Power Agency Act is amended by | ||||||
| 15 | changing Sections 1-57 and 1-92 as follows:
| ||||||
| 16 | (20 ILCS 3855/1-57)
| ||||||
| 17 | Sec. 1-57. Facility financing. | ||||||
| 18 | (a) The Agency shall have the power (1) to borrow from the | ||||||
| 19 | Authority, through one or more Agency loan agreements, the net | ||||||
| 20 | proceeds of revenue bonds for costs incurred in connection with | ||||||
| 21 | the development and construction of a facility, provided that | ||||||
| 22 | the stated maturity date of any of those revenue bonds shall | ||||||
| 23 | not exceed 40 years from their respective issuance dates, (2) | ||||||
| 24 | to accept prepayments from purchasers of electric energy from a | ||||||
| |||||||
| |||||||
| 1 | project and to apply the same to costs incurred in connection | ||||||
| 2 | with the development and construction of a facility, subject to | ||||||
| 3 | any obligation to refund the same under the circumstances | ||||||
| 4 | specified in the purchasers' contract for the purchase and sale | ||||||
| 5 | of electric energy from that project, (3) to enter into leases | ||||||
| 6 | or similar arrangements to finance the property constituting a | ||||||
| 7 | part of a project and associated costs incurred in connection | ||||||
| 8 | with the development and construction of a facility, provided | ||||||
| 9 | that the term of any such lease or similar arrangement shall | ||||||
| 10 | not exceed 40 years from its inception, and (4) to enter into | ||||||
| 11 | agreements for the sale of revenue bonds that bear interest at | ||||||
| 12 | a rate or rates not exceeding the maximum rate permitted by the | ||||||
| 13 | Bond Authorization Act. All Agency loan agreements shall | ||||||
| 14 | include terms making the obligations thereunder subject to | ||||||
| 15 | redemption before maturity. | ||||||
| 16 | (b) The Agency may from time to time engage the services of | ||||||
| 17 | the Authority, attorneys, appraisers, architects, engineers, | ||||||
| 18 | accountants, credit analysts, bond underwriters, bond | ||||||
| 19 | trustees, credit enhancement providers, and other financial | ||||||
| 20 | professionals and consultants, if the Agency deems it | ||||||
| 21 | advisable. | ||||||
| 22 | (c) The Agency may pledge, as security for the payment of | ||||||
| 23 | its revenue bonds in respect of a project, (1) revenues derived | ||||||
| 24 | from the operation of the project in part or whole, (2) the | ||||||
| 25 | real and personal property, machinery, equipment, structures, | ||||||
| 26 | fixtures, and inventories directly associated with the | ||||||
| |||||||
| |||||||
| 1 | project, (3) grants or other revenues or taxes expected to be | ||||||
| 2 | received by the Agency directly linked to the project, (4) | ||||||
| 3 | payments to be made by another governmental unit or other | ||||||
| 4 | entity pursuant to a service, user, or other similar agreement | ||||||
| 5 | with that governmental unit or other entity that is a result of | ||||||
| 6 | the project, (5) any other revenues or moneys deposited or to | ||||||
| 7 | be deposited directly linked to the project, (6) all design, | ||||||
| 8 | engineering, procurement, construction, installation, | ||||||
| 9 | management, and operation agreements associated with the | ||||||
| 10 | project, (7) any reserve or debt service funds created under | ||||||
| 11 | the agreements governing the indebtedness, (8) the Illinois | ||||||
| 12 | Power Agency Facilities Fund or the Illinois Power Agency Debt | ||||||
| 13 | Service Fund, or (9) any combination thereof. Any such pledge | ||||||
| 14 | shall be authorized in a writing, signed by the Director of the | ||||||
| 15 | Agency, and then signed by the Governor of Illinois. At no time | ||||||
| 16 | shall the funds contained in the Illinois Power Agency Trust | ||||||
| 17 | Fund be pledged or used in any way to pay for the indebtedness | ||||||
| 18 | of the Agency. The Director shall not authorize the issuance or | ||||||
| 19 | grant of any pledge until he or she has certified that any | ||||||
| 20 | associated project is in full compliance with Sections 1-85 and | ||||||
| 21 | 1-86 of this Act. The certification shall be duly attached or | ||||||
| 22 | referenced in the agreements reflecting the pledge. Any such | ||||||
| 23 | pledge made by the Agency shall be valid and binding from the | ||||||
| 24 | time the pledge is made. The revenues, property, or funds that | ||||||
| 25 | are pledged and thereafter received by the Agency shall | ||||||
| 26 | immediately be subject to the lien of the pledge without any | ||||||
| |||||||
| |||||||
| 1 | physical delivery thereof or further act; and, subject only to | ||||||
| 2 | the provisions of prior liens, the lien of the pledge shall be | ||||||
| 3 | valid and binding as against all parties having claims of any | ||||||
| 4 | kind in tort, contract, or otherwise against the Agency | ||||||
| 5 | irrespective of whether the parties have notice thereof. All | ||||||
| 6 | bonds issued on behalf of the Agency must be issued by the | ||||||
| 7 | Authority and must be revenue bonds. These revenue bonds may be | ||||||
| 8 | taxable or tax-exempt. | ||||||
| 9 | (d) All indebtedness issued by or on behalf of the Agency, | ||||||
| 10 | including, without limitation, any revenue bonds issued by the | ||||||
| 11 | Authority on behalf of the Agency, shall not be a debt of the | ||||||
| 12 | State, the Authority, any political subdivision thereof (other | ||||||
| 13 | than the Agency to the extent provided in agreements governing | ||||||
| 14 | the indebtedness), any local government, any governmental | ||||||
| 15 | aggregator as defined in the this Act, or any local government, | ||||||
| 16 | and none of the State, the Authority, any political subdivision | ||||||
| 17 | thereof (other than the Agency to the extent provided in | ||||||
| 18 | agreements governing the indebtedness), any local government, | ||||||
| 19 | or any government aggregator shall be liable thereon. Neither | ||||||
| 20 | the Authority nor the Agency shall have the power to pledge the | ||||||
| 21 | credit, the revenues, or the taxing power of the State, any | ||||||
| 22 | political subdivision thereof (other than the Agency), any | ||||||
| 23 | governmental aggregator, or of any local government, and | ||||||
| 24 | neither the credit, the revenues, nor the taxing power of the | ||||||
| 25 | State, any political subdivision thereof (other than the | ||||||
| 26 | Agency), any governmental aggregator, or any local government | ||||||
| |||||||
| |||||||
| 1 | shall be, or shall be deemed to be, pledged to the payment of | ||||||
| 2 | any revenue bonds, notes, or other obligations of the Agency. | ||||||
| 3 | In addition, the agreements governing any issue of indebtedness | ||||||
| 4 | shall provide that all holders of that indebtedness, by virtue | ||||||
| 5 | of their acquisition thereof, have agreed to waive and release | ||||||
| 6 | all claims and causes of action against the State of Illinois | ||||||
| 7 | in respect of the indebtedness or any project associated | ||||||
| 8 | therewith based on any theory of law. However, the waiver shall | ||||||
| 9 | not prohibit the holders of indebtedness issued on behalf of | ||||||
| 10 | the Agency from filing any cause of action against or | ||||||
| 11 | recovering damages from the Agency, recovering from any | ||||||
| 12 | property or funds pledged to secure the indebtedness, or | ||||||
| 13 | recovering from any property or funds to which the Agency holds | ||||||
| 14 | title, provided the property or funds are directly associated | ||||||
| 15 | with the project for which the indebtedness was specifically | ||||||
| 16 | issued. Each evidence of indebtedness of the Agency, including | ||||||
| 17 | the revenue bonds issued by the Authority on behalf of the | ||||||
| 18 | Agency, shall contain a clear and explicit statement of the | ||||||
| 19 | provisions of this Section. | ||||||
| 20 | (e) The Agency may from time to time enter into an | ||||||
| 21 | agreement or agreements to defease indebtedness issued on its | ||||||
| 22 | behalf or to refund, at maturity, at a redemption date or in | ||||||
| 23 | advance of either, any indebtedness issued on its behalf or | ||||||
| 24 | pursuant to redemption provisions or at any time before | ||||||
| 25 | maturity. All such refunding indebtedness shall be subject to | ||||||
| 26 | the requirements set forth in subsections (a), (c), and (d) of | ||||||
| |||||||
| |||||||
| 1 | this Section. No revenue bonds issued to refund or advance | ||||||
| 2 | refund revenue bonds issued under this Section may mature later | ||||||
| 3 | than the longest maturity date of the series of bonds being | ||||||
| 4 | refunded. After the aggregate original principal amount of | ||||||
| 5 | revenue bonds authorized in this Section has been issued, the | ||||||
| 6 | payment of any principal amount of those revenue bonds does not | ||||||
| 7 | authorize the issuance of additional revenue bonds (except | ||||||
| 8 | refunding revenue bonds). | ||||||
| 9 | (f) If the Agency fails to pay the principal of, interest, | ||||||
| 10 | or premium, if any, on any indebtedness as the same becomes | ||||||
| 11 | due, a civil action to compel payment may be instituted in the | ||||||
| 12 | appropriate circuit court by the holder or holders of the | ||||||
| 13 | indebtedness on which the default of payment exists or by any | ||||||
| 14 | administrative agent, collateral agent, or indenture trustee | ||||||
| 15 | acting on behalf of those holders. Delivery of a summons and a | ||||||
| 16 | copy of the complaint to the Director of the Agency shall | ||||||
| 17 | constitute sufficient service to give the circuit court | ||||||
| 18 | jurisdiction over the subject matter of the suit and | ||||||
| 19 | jurisdiction over the Agency and its officers named as | ||||||
| 20 | defendants for the purpose of compelling that payment. Any | ||||||
| 21 | case, controversy, or cause of action concerning the validity | ||||||
| 22 | of this Act shall relate to the revenue of the Agency. Any such | ||||||
| 23 | claims and related proceedings are subject in all respects to | ||||||
| 24 | the provisions of subsection (d) of this Section. The State of | ||||||
| 25 | Illinois shall not be liable or in any other way financially | ||||||
| 26 | responsible for any indebtedness issued by or on behalf of the | ||||||
| |||||||
| |||||||
| 1 | Agency or the performance or non-performance of any covenants | ||||||
| 2 | associated with any such indebtedness. The foregoing statement | ||||||
| 3 | shall not prohibit the holders of any indebtedness issued on | ||||||
| 4 | behalf of the Agency from filing any cause of action against or | ||||||
| 5 | recovering damages from the Agency recovering from any property | ||||||
| 6 | pledged to secure that indebtedness or recovering from any | ||||||
| 7 | property or funds to which the Agency holds title provided such | ||||||
| 8 | property or funds are directly associated with the project for | ||||||
| 9 | which the indebtedness is specifically issued. | ||||||
| 10 | (g) Upon each delivery of the revenue bonds authorized to | ||||||
| 11 | be issued by the Authority under this Act, the Agency shall | ||||||
| 12 | compute and certify to the State Comptroller the total amount | ||||||
| 13 | of principal of and interest on the Agency loan agreement | ||||||
| 14 | supporting the revenue bonds issued that will be payable in | ||||||
| 15 | order to retire those revenue bonds and the amount of principal | ||||||
| 16 | of and interest on the Agency loan agreement that will be | ||||||
| 17 | payable on each payment date during the then current and each | ||||||
| 18 | succeeding fiscal year. As soon as possible after the first day | ||||||
| 19 | of each month, beginning on the date set forth in the Agency | ||||||
| 20 | loan agreement where that date specifies when the Agency shall | ||||||
| 21 | begin setting aside revenues and other moneys for repayment of | ||||||
| 22 | the revenue bonds per the agreed to schedule, the Agency shall | ||||||
| 23 | certify to the Comptroller and the Comptroller shall order | ||||||
| 24 | transferred and the Treasurer shall transfer from the Illinois | ||||||
| 25 | Power Agency Facilities Fund to the Illinois Power Agency Debt | ||||||
| 26 | Service Fund for each month remaining in the State fiscal year | ||||||
| |||||||
| |||||||
| 1 | a sum of money, appropriated for that purpose, equal to the | ||||||
| 2 | result of the amount of principal of and interest on those | ||||||
| 3 | revenue bonds payable on the next payment date divided by the | ||||||
| 4 | number of full calendar months between the date of those | ||||||
| 5 | revenue bonds, and the first such payment date, and thereafter | ||||||
| 6 | divided by the number of months between each succeeding payment | ||||||
| 7 | date after the first. The Comptroller is authorized and | ||||||
| 8 | directed to draw warrants on the State Treasurer from the | ||||||
| 9 | Illinois Power Agency Facilities Fund and the Illinois Power | ||||||
| 10 | Agency Debt Service Fund for the amount of all payments of | ||||||
| 11 | principal and interest on the Agency loan agreement relating to | ||||||
| 12 | the Authority revenue bonds issued under this Act. The State | ||||||
| 13 | Treasurer or the State Comptroller shall deposit or cause to be | ||||||
| 14 | deposited any amount of grants or other revenues expected to be | ||||||
| 15 | received by the Agency that the Agency has pledged to the | ||||||
| 16 | payment of revenue bonds directly into the Illinois Power | ||||||
| 17 | Agency Debt Service Fund.
| ||||||
| 18 | (Source: P.A. 95-481, eff. 8-28-07; revised 9-12-13.)
| ||||||
| 19 | (20 ILCS 3855/1-92) | ||||||
| 20 | Sec. 1-92. Aggregation of electrical load by | ||||||
| 21 | municipalities, townships, and counties. | ||||||
| 22 | (a) The corporate authorities of a municipality, township | ||||||
| 23 | board, or county board of a county
may
adopt an ordinance under | ||||||
| 24 | which it may aggregate in accordance with this
Section | ||||||
| 25 | residential and small commercial retail electrical loads | ||||||
| |||||||
| |||||||
| 1 | located, respectively, within the
municipality, the township, | ||||||
| 2 | or the unincorporated areas of the county and, for that | ||||||
| 3 | purpose, may solicit bids and enter into service
agreements to | ||||||
| 4 | facilitate
for those
loads the sale and purchase of electricity | ||||||
| 5 | and related services and equipment. | ||||||
| 6 | The corporate authorities, township board, or county
board | ||||||
| 7 | may also exercise such authority jointly with any other | ||||||
| 8 | municipality, township, or county.
Two or
more
municipalities, | ||||||
| 9 | townships, or counties, or a combination of both, may initiate | ||||||
| 10 | a
process
jointly to authorize aggregation by a majority vote | ||||||
| 11 | of each particular
municipality, township, or
county as | ||||||
| 12 | required by this Section. | ||||||
| 13 | If the corporate authorities, township board, or the county | ||||||
| 14 | board seek to operate the aggregation program as an opt-out | ||||||
| 15 | program for residential and small commercial retail customers, | ||||||
| 16 | then prior to the adoption of an ordinance with respect to | ||||||
| 17 | aggregation of residential and small commercial retail | ||||||
| 18 | electric loads, the corporate authorities of a municipality, | ||||||
| 19 | the township board, or the county board of a county shall | ||||||
| 20 | submit a referendum to its residents to determine whether or | ||||||
| 21 | not the aggregation program shall operate as an opt-out program | ||||||
| 22 | for residential and small commercial retail customers. Any | ||||||
| 23 | county board that seeks to submit such a referendum to its | ||||||
| 24 | residents shall do so only in unincorporated areas of the | ||||||
| 25 | county where no electric aggregation ordinance has been | ||||||
| 26 | adopted. | ||||||
| |||||||
| |||||||
| 1 | In addition to the notice and conduct requirements of the | ||||||
| 2 | general election law, notice of the referendum shall state | ||||||
| 3 | briefly the purpose of the referendum. The question of whether | ||||||
| 4 | the corporate authorities, the township board, or the county | ||||||
| 5 | board shall adopt an opt-out aggregation program for | ||||||
| 6 | residential and small commercial retail customers shall be | ||||||
| 7 | submitted to the electors of the municipality, township board, | ||||||
| 8 | or county board at a regular election and approved by a | ||||||
| 9 | majority of the electors voting on the question. The corporate | ||||||
| 10 | authorities, township board, or county board must certify to | ||||||
| 11 | the proper election authority, which must submit the question | ||||||
| 12 | at an election in accordance with the Election Code. | ||||||
| 13 | The election authority must submit the question in | ||||||
| 14 | substantially the following form: | ||||||
| 15 | Shall the (municipality, township, or county in which | ||||||
| 16 | the question is being voted upon) have the authority to | ||||||
| 17 | arrange for the supply of electricity for its residential | ||||||
| 18 | and small commercial retail customers who have not opted | ||||||
| 19 | out of such program? | ||||||
| 20 | The election authority must record the votes as "Yes" or "No". | ||||||
| 21 | If a majority of the electors voting on the question vote | ||||||
| 22 | in the affirmative, then the corporate authorities, township | ||||||
| 23 | board, or county board may implement an opt-out aggregation | ||||||
| 24 | program for residential and small commercial retail customers. | ||||||
| 25 | A referendum must pass in each particular municipality, | ||||||
| 26 | township, or county that is engaged in the aggregation program. | ||||||
| |||||||
| |||||||
| 1 | If the referendum fails, then the corporate authorities, | ||||||
| 2 | township board, or county board shall operate the aggregation | ||||||
| 3 | program as an opt-in program for residential and small | ||||||
| 4 | commercial retail customers. | ||||||
| 5 | An
ordinance under this Section shall specify whether the | ||||||
| 6 | aggregation will occur
only with
the prior consent of each | ||||||
| 7 | person owning, occupying, controlling, or using an
electric | ||||||
| 8 | load
center proposed to be aggregated. Nothing in this Section,
| ||||||
| 9 | however,
authorizes the aggregation of electric loads that are | ||||||
| 10 | served or authorized to be served by an electric cooperative as | ||||||
| 11 | defined by and pursuant to the Electric Supplier Act or loads | ||||||
| 12 | served by a municipality that owns and operates its own | ||||||
| 13 | electric distribution system. No
aggregation shall take
effect | ||||||
| 14 | unless
approved by a majority of the members of the corporate | ||||||
| 15 | authority, township board, or county board voting upon the | ||||||
| 16 | ordinance.
| ||||||
| 17 | A governmental aggregator under this Section is not a | ||||||
| 18 | public utility or an
alternative retail electric supplier.
| ||||||
| 19 | For purposes of this Section, "township" means the portion | ||||||
| 20 | of a township that is an unincorporated portion of a county | ||||||
| 21 | that is not otherwise a part of a municipality. In addition to | ||||||
| 22 | such other limitations as are included in this Section, a | ||||||
| 23 | township board shall only have authority to aggregate | ||||||
| 24 | residential and small commercial customer loads in accordance | ||||||
| 25 | with this Section if the county board of the county in which | ||||||
| 26 | the township is located (i) is not also submitting a referendum | ||||||
| |||||||
| |||||||
| 1 | to its residents at the same general election that the township | ||||||
| 2 | board proposes to submit a referendum under this subsection | ||||||
| 3 | (a), (ii) has not received authorization through passage of a | ||||||
| 4 | referendum to operate an opt-out aggregation program for | ||||||
| 5 | residential and small commercial retail customers under this | ||||||
| 6 | subsection (a), and (iii) has not otherwise enacted an | ||||||
| 7 | ordinance under this subsection (a) authorizing the operation | ||||||
| 8 | of an opt-in aggregation program for residential and small | ||||||
| 9 | commercial retail customers as described in this Section. | ||||||
| 10 | (b) Upon the applicable requisite authority under this | ||||||
| 11 | Section, the corporate
authorities, the township board, or the | ||||||
| 12 | county board, with assistance from the Illinois Power Agency, | ||||||
| 13 | shall develop a plan of operation and
governance for the
| ||||||
| 14 | aggregation program so authorized. Before adopting a plan under | ||||||
| 15 | this Section,
the
corporate authorities, township board, or | ||||||
| 16 | county board shall hold at least 2 public hearings on
the plan.
| ||||||
| 17 | Before the first hearing, the corporate authorities, township | ||||||
| 18 | board, or county board shall
publish notice of
the hearings | ||||||
| 19 | once a week for 2 consecutive weeks in a newspaper of general
| ||||||
| 20 | circulation
in the jurisdiction. The notice shall summarize the | ||||||
| 21 | plan and state the date,
time, and
location of each hearing.
| ||||||
| 22 | Any load aggregation plan established pursuant to this Section | ||||||
| 23 | shall: | ||||||
| 24 | (1) provide for universal
access to all applicable | ||||||
| 25 | residential customers and equitable treatment of | ||||||
| 26 | applicable
residential customers; | ||||||
| |||||||
| |||||||
| 1 | (2) describe demand management and energy efficiency | ||||||
| 2 | services to be
provided to each class of customers;
and | ||||||
| 3 | (3) meet any requirements established by law
| ||||||
| 4 | concerning aggregated service offered pursuant to this | ||||||
| 5 | Section. | ||||||
| 6 | (c) The process for soliciting bids for electricity and | ||||||
| 7 | other related services and awarding proposed agreements for the | ||||||
| 8 | purchase of electricity and other related services shall be | ||||||
| 9 | conducted in the following order: | ||||||
| 10 | (1) The corporate authorities, township board, or | ||||||
| 11 | county board may solicit bids for electricity and other | ||||||
| 12 | related services. The bid specifications may include a | ||||||
| 13 | provision requiring the bidder to disclose the fuel type of | ||||||
| 14 | electricity to be procured or generated on behalf of the | ||||||
| 15 | aggregation program customers. The corporate authorities, | ||||||
| 16 | township board, or county board
may consider the proposed | ||||||
| 17 | source of electricity to be procured or generated to be put | ||||||
| 18 | into the grid on behalf of aggregation program customers in | ||||||
| 19 | the competitive
bidding process. The Agency and Commission | ||||||
| 20 | may collaborate to issue joint
guidance on voluntary | ||||||
| 21 | uniform standards for bidder disclosures of the source of
| ||||||
| 22 | electricity to be procured or generated to be put into the | ||||||
| 23 | grid on behalf of aggregation program customers. | ||||||
| 24 | (1.5) A township board shall request from the electric | ||||||
| 25 | utility those residential and small commercial customers | ||||||
| 26 | within their aggregate area either by zip code or zip codes | ||||||
| |||||||
| |||||||
| 1 | or other means as determined by the electric utility. The | ||||||
| 2 | electric utility shall then provide to the township board | ||||||
| 3 | the residential and small commercial customers, including | ||||||
| 4 | the names and addresses of residential and small commercial | ||||||
| 5 | customers, electronically. The township board shall be | ||||||
| 6 | responsible for authenticating the residential and small | ||||||
| 7 | commercial customers contained in this listing and | ||||||
| 8 | providing edits of the data to affirm, add, or delete the | ||||||
| 9 | residential and small commercial customers located within | ||||||
| 10 | its jurisdiction. The township board shall provide the | ||||||
| 11 | edited list to the electric utility in an electronic format | ||||||
| 12 | or other means selected by the electric utility and certify | ||||||
| 13 | that the information is accurate. | ||||||
| 14 | (2) Notwithstanding Section 16-122 of the Public | ||||||
| 15 | Utilities Act and Section 2HH of the Consumer Fraud and | ||||||
| 16 | Deceptive Business Practices Act, an electric utility that | ||||||
| 17 | provides residential and small commercial retail electric | ||||||
| 18 | service in the aggregate area must, upon request of the | ||||||
| 19 | corporate authorities, township board, or the county board | ||||||
| 20 | in the aggregate area, submit to the requesting party, in | ||||||
| 21 | an electronic format, those account numbers, names, and | ||||||
| 22 | addresses of residential and small commercial retail | ||||||
| 23 | customers in the aggregate area that are reflected in the | ||||||
| 24 | electric utility's records at the time of the request; | ||||||
| 25 | provided, however, that any township board has first | ||||||
| 26 | provided an accurate customer list to the electric utility | ||||||
| |||||||
| |||||||
| 1 | as provided for herein. | ||||||
| 2 | Any corporate authority, township board, or county board | ||||||
| 3 | receiving customer information from an electric utility shall | ||||||
| 4 | be subject to the limitations on the disclosure of the | ||||||
| 5 | information described in Section 16-122 of the Public Utilities | ||||||
| 6 | Act and Section 2HH of the Consumer Fraud and Deceptive | ||||||
| 7 | Business Practices Act, and an electric utility shall not be | ||||||
| 8 | held liable for any claims arising out of the provision of | ||||||
| 9 | information pursuant to this item (2). | ||||||
| 10 | (d) If the corporate authorities, township board, or county | ||||||
| 11 | board operate under an opt-in program for residential and small | ||||||
| 12 | commercial retail customers, then the corporate authorities, | ||||||
| 13 | township board, or county board shall comply with all of the | ||||||
| 14 | following: | ||||||
| 15 | (1) Within 60 days after receiving the bids, the | ||||||
| 16 | corporate authorities, township board, or county board | ||||||
| 17 | shall allow residential and small commercial retail | ||||||
| 18 | customers to commit to the terms and conditions of a bid | ||||||
| 19 | that has been selected by the corporate authorities, | ||||||
| 20 | township board, or county board. | ||||||
| 21 | (2) If (A) the corporate authorities, township board, | ||||||
| 22 | or county board award proposed agreements for the purchase | ||||||
| 23 | of electricity and other related services and (B) an | ||||||
| 24 | agreement is reached between the corporate authorities, | ||||||
| 25 | township board, or county board for those services, then | ||||||
| 26 | customers committed to the terms and conditions according | ||||||
| |||||||
| |||||||
| 1 | to item (1) of this subsection (d) shall be committed to | ||||||
| 2 | the agreement. | ||||||
| 3 | (e) If the corporate authorities, township board, or county | ||||||
| 4 | board operate as an opt-out program for residential and small | ||||||
| 5 | commercial retail customers, then it shall be the duty of the | ||||||
| 6 | aggregated entity to fully inform
residential and small | ||||||
| 7 | commercial retail customers in advance that they have the right | ||||||
| 8 | to opt out of the aggregation program.
The disclosure shall | ||||||
| 9 | prominently state all charges to be made and
shall include
full | ||||||
| 10 | disclosure of the cost to obtain service pursuant to Section | ||||||
| 11 | 16-103 of the Public Utilities Act, how
to access it,
and the | ||||||
| 12 | fact that it is available to them without penalty, if they are
| ||||||
| 13 | currently receiving
service under that Section. The Illinois | ||||||
| 14 | Power Agency shall furnish, without charge, to
any citizen a
| ||||||
| 15 | list of all supply options available to them in a format that
| ||||||
| 16 | allows
comparison of prices and products. | ||||||
| 17 | (f) Any person or entity retained by a municipality or | ||||||
| 18 | county, or jointly by more than one such unit of local | ||||||
| 19 | government, to provide input, guidance, or advice in the | ||||||
| 20 | selection of an electricity supplier for an aggregation program | ||||||
| 21 | shall disclose in writing to the involved units of local | ||||||
| 22 | government the nature of any relationship through which the | ||||||
| 23 | person or entity may receive, either directly or indirectly, | ||||||
| 24 | commissions or other remuneration as a result of the selection | ||||||
| 25 | of any particular electricity supplier. The written disclosure | ||||||
| 26 | must be made prior to formal approval by the involved units of | ||||||
| |||||||
| |||||||
| 1 | local government of any professional services agreement with | ||||||
| 2 | the person or entity, or no later than October 1, 2012 with | ||||||
| 3 | respect to any such professional services agreement entered | ||||||
| 4 | into prior to the effective date of this amendatory Act of the | ||||||
| 5 | 97th General Assembly. The disclosure shall cover all direct | ||||||
| 6 | and indirect relationships through which commissions or | ||||||
| 7 | remuneration may result, including the pooling of commissions | ||||||
| 8 | or remuneration among multiple persons or entities, and shall | ||||||
| 9 | identify all involved electricity suppliers. The disclosure | ||||||
| 10 | requirements in this subsection (f) are to be liberally | ||||||
| 11 | construed to ensure that the nature of financial interests are | ||||||
| 12 | fully revealed, and these disclosure requirements shall apply | ||||||
| 13 | regardless of whether the involved person or entity is licensed | ||||||
| 14 | under Section 16-115C of the Public Utilities Act. Any person | ||||||
| 15 | or entity that fails to make the disclosure required under this | ||||||
| 16 | subsection (f) is liable to the involved units of local | ||||||
| 17 | government in an amount equal to all compensation paid to such | ||||||
| 18 | person or entity by the units of local government for the | ||||||
| 19 | input, guidance, or advice in the selection of an electricity | ||||||
| 20 | supplier, plus reasonable attorneys fees and court costs | ||||||
| 21 | incurred by the units of local government in connection with | ||||||
| 22 | obtaining such amount. | ||||||
| 23 | (g) The Illinois Power Agency shall provide assistance to | ||||||
| 24 | municipalities, townships, counties, or associations working | ||||||
| 25 | with municipalities to help complete the plan and bidding | ||||||
| 26 | process. | ||||||
| |||||||
| |||||||
| 1 | (h) This Section does not prohibit municipalities or | ||||||
| 2 | counties from entering into an intergovernmental agreement to | ||||||
| 3 | aggregate residential and small commercial retail electric | ||||||
| 4 | loads.
| ||||||
| 5 | (Source: P.A. 97-338, eff. 8-12-11; 97-823, eff. 7-18-12; | ||||||
| 6 | 97-1067, eff. 8-24-12; 98-404, eff. 1-1-14; 98-434, eff. | ||||||
| 7 | 1-1-14; 98-463, eff. 8-16-13; revised 9-24-13.)
| ||||||
| 8 | Section 135. The Addison Creek Restoration Commission Act | ||||||
| 9 | is amended by changing Section 20 as follows:
| ||||||
| 10 | (20 ILCS 3901/20)
| ||||||
| 11 | (Section scheduled to be repealed on January 1, 2015) | ||||||
| 12 | Sec. 20. Taxing powers. | ||||||
| 13 | (a) After the first Monday in October and by the first | ||||||
| 14 | Monday in December in each year, the Commission shall levy the | ||||||
| 15 | general taxes for the Commission by general categories for the | ||||||
| 16 | next fiscal year. A certified copy of the levy ordinance shall | ||||||
| 17 | be filed with the county clerk of each county in which the that | ||||||
| 18 | part of the territory of the Commission that is within the | ||||||
| 19 | Addison Creek floodplain is located by the last Tuesday in | ||||||
| 20 | December each year. | ||||||
| 21 | (b) The amount of taxes levied for general corporate | ||||||
| 22 | purposes for a fiscal year may not exceed the rate of .01% of | ||||||
| 23 | the value, as equalized or assessed by the Department of | ||||||
| 24 | Revenue, of the taxable property located within that part of | ||||||
| |||||||
| |||||||
| 1 | the territory of the Commission that is within the Addison | ||||||
| 2 | Creek floodplain, provided that the total amount levied and | ||||||
| 3 | extended under this Section and Section 17, in the aggregate, | ||||||
| 4 | in any single taxable year, shall not exceed $10,000,000. | ||||||
| 5 | (c) This tax and tax rate are exclusive of the taxes | ||||||
| 6 | required for the payment of the principal of and interest on | ||||||
| 7 | bonds. | ||||||
| 8 | (d) The rate of the tax levied for general corporate | ||||||
| 9 | purposes of the Commission may be initially imposed or | ||||||
| 10 | thereafter increased, up to the maximum rate identified in | ||||||
| 11 | subsection (b), by the Commission by a resolution calling for | ||||||
| 12 | the submission of the question of imposing or increasing the | ||||||
| 13 | rate to the voters of that part of the territory of the | ||||||
| 14 | Commission that is within the Addison Creek floodplain in | ||||||
| 15 | accordance with the general election law. The question must be | ||||||
| 16 | in substantially the following form: | ||||||
| 17 | Shall the Commission be authorized to establish its | ||||||
| 18 | general corporate tax rate at (insert rate) on the | ||||||
| 19 | equalized assessed value on all taxable property located | ||||||
| 20 | within that part of the territory of the Commission that is | ||||||
| 21 | within the Addison Creek floodplain for its general | ||||||
| 22 | purposes? | ||||||
| 23 | The ballot must have printed on it, but not as part of the | ||||||
| 24 | proposition submitted, the following: "The approximate impact | ||||||
| 25 | of the proposed (tax rate or increase) on the owner of a single | ||||||
| 26 | family home having a market value of (insert value) would be | ||||||
| |||||||
| |||||||
| 1 | (insert amount) in the first year of the (tax rate or increase) | ||||||
| 2 | if the (tax rate or increase) is fully implemented." The ballot | ||||||
| 3 | may have printed on it, but not as part of the proposition, one | ||||||
| 4 | or both of the following: "The last tax rate extended for the | ||||||
| 5 | purposes of the Commission was (insert rate). The last rate | ||||||
| 6 | increase approved for the purposes of the Commission was in | ||||||
| 7 | (insert year)." No other information needs to be included on | ||||||
| 8 | the ballot. | ||||||
| 9 | The votes must be recorded as "Yes" or "No". | ||||||
| 10 | If a majority of the electors voting on the question vote | ||||||
| 11 | in the affirmative, the Commission may thereafter levy the tax.
| ||||||
| 12 | (Source: P.A. 93-948, eff. 8-19-04; 94-682, eff. 11-3-05; | ||||||
| 13 | revised 9-24-13.)
| ||||||
| 14 | Section 140. The Illinois Criminal Justice Information Act | ||||||
| 15 | is amended by changing Sections 3 and 14 as follows:
| ||||||
| 16 | (20 ILCS 3930/3) (from Ch. 38, par. 210-3)
| ||||||
| 17 | (Text of Section before amendment by P.A. 98-528) | ||||||
| 18 | Sec. 3. Definitions. Whenever used in this Act, and for the | ||||||
| 19 | purposes
of this Act unless the context clearly denotes | ||||||
| 20 | otherwise:
| ||||||
| 21 | (a) The term "criminal justice system" includes all | ||||||
| 22 | activities by
public agencies pertaining to the prevention or
| ||||||
| 23 | reduction of crime or enforcement of the criminal law, and | ||||||
| 24 | particularly,
but without limitation, the prevention, | ||||||
| |||||||
| |||||||
| 1 | detection, and investigation of
crime; the apprehension of | ||||||
| 2 | offenders; the protection of victims and
witnesses; the | ||||||
| 3 | administration of juvenile justice; the prosecution and
| ||||||
| 4 | defense of criminal cases; the trial, conviction, and | ||||||
| 5 | sentencing of
offenders; as well as the correction and | ||||||
| 6 | rehabilitation of offenders,
which includes imprisonment, | ||||||
| 7 | probation, parole, aftercare release, and treatment.
| ||||||
| 8 | (b) The term "Authority" means the Illinois Criminal | ||||||
| 9 | Justice Information
Authority created by this Act.
| ||||||
| 10 | (c) The term "criminal justice information" means any and | ||||||
| 11 | every type of
information that is collected, transmitted, or | ||||||
| 12 | maintained by the criminal
justice system.
| ||||||
| 13 | (d) The term "criminal history record information" means | ||||||
| 14 | data
identifiable to an individual and consisting of | ||||||
| 15 | descriptions or notations
of arrests, detentions, indictments, | ||||||
| 16 | informations, pre-trial proceedings,
trials, or other formal | ||||||
| 17 | events in the criminal justice system or
descriptions or | ||||||
| 18 | notations of criminal charges (including criminal
violations | ||||||
| 19 | of local municipal ordinances) and the nature of any | ||||||
| 20 | disposition
arising therefrom, including sentencing, court or | ||||||
| 21 | correctional supervision,
rehabilitation, and release. The | ||||||
| 22 | term does not apply to statistical
records and reports in which | ||||||
| 23 | individuals are not identified and from which
their identities | ||||||
| 24 | are not ascertainable, or to information that is for
criminal | ||||||
| 25 | investigative or intelligence purposes.
| ||||||
| 26 | (e) The term "unit of general local government" means any | ||||||
| |||||||
| |||||||
| 1 | county,
municipality or other general purpose political | ||||||
| 2 | subdivision of this State.
| ||||||
| 3 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
| 4 | (Text of Section after amendment by P.A. 98-528) | ||||||
| 5 | Sec. 3. Definitions. Whenever used in this Act, and for the | ||||||
| 6 | purposes
of this Act unless the context clearly denotes | ||||||
| 7 | otherwise:
| ||||||
| 8 | (a) The term "criminal justice system" includes all | ||||||
| 9 | activities by
public agencies pertaining to the prevention or
| ||||||
| 10 | reduction of crime or enforcement of the criminal law, and | ||||||
| 11 | particularly,
but without limitation, the prevention, | ||||||
| 12 | detection, and investigation of
crime; the apprehension of | ||||||
| 13 | offenders; the protection of victims and
witnesses; the | ||||||
| 14 | administration of juvenile justice; the prosecution and
| ||||||
| 15 | defense of criminal cases; the trial, conviction, and | ||||||
| 16 | sentencing of
offenders; as well as the correction and | ||||||
| 17 | rehabilitation of offenders,
which includes imprisonment, | ||||||
| 18 | probation, parole, aftercare release, and treatment.
| ||||||
| 19 | (b) The term "Authority" means the Illinois Criminal | ||||||
| 20 | Justice Information
Authority created by this Act.
| ||||||
| 21 | (c) The term "criminal justice information" means any and | ||||||
| 22 | every type of
information that is collected, transmitted, or | ||||||
| 23 | maintained by the criminal
justice system.
| ||||||
| 24 | (d) The term "criminal history record information" means | ||||||
| 25 | data
identifiable to an individual, including information | ||||||
| |||||||
| |||||||
| 1 | collected under Section 4.5 of the Criminal Identification Act, | ||||||
| 2 | and consisting of descriptions or notations
of arrests, | ||||||
| 3 | detentions, indictments, informations, pre-trial proceedings,
| ||||||
| 4 | trials, or other formal events in the criminal justice system | ||||||
| 5 | or
descriptions or notations of criminal charges (including | ||||||
| 6 | criminal
violations of local municipal ordinances) and the | ||||||
| 7 | nature of any disposition
arising therefrom, including | ||||||
| 8 | sentencing, court or correctional supervision,
rehabilitation, | ||||||
| 9 | and release. The term does not apply to statistical
records and | ||||||
| 10 | reports in which individuals are not identified and from which
| ||||||
| 11 | their identities are not ascertainable, or to information that | ||||||
| 12 | is for
criminal investigative or intelligence purposes.
| ||||||
| 13 | (e) The term "unit of general local government" means any | ||||||
| 14 | county,
municipality or other general purpose political | ||||||
| 15 | subdivision of this State.
| ||||||
| 16 | (Source: P.A. 98-528, eff. 1-1-15; 98-558, eff. 1-1-14; revised | ||||||
| 17 | 9-4-13.)
| ||||||
| 18 | (20 ILCS 3930/14) (from Ch. 38, par. 210-14)
| ||||||
| 19 | Sec. 14. Illinois Law Enforcement Commission. Effective | ||||||
| 20 | April 1, 1983:
| ||||||
| 21 | (a) The position of Executive Director of the Illinois Law | ||||||
| 22 | Enforcement
Commission is abolished;
| ||||||
| 23 | (b) The Illinois Law Enforcement Commission is abolished, | ||||||
| 24 | and the terms
and appointments of its members and Chairman are | ||||||
| 25 | terminated; and
| ||||||
| |||||||
| |||||||
| 1 | (Ch. 38, rep. pars. 209-1 through 209-16)
| ||||||
| 2 | (c) "An Act creating an Illinois Law Enforcement Commission | ||||||
| 3 | and defining
its powers and duties", approved September 20, | ||||||
| 4 | 1977, as now or hereafter
amended, is repealed.
| ||||||
| 5 | (Source: P.A. 82-1039; revised 11-14-13.)
| ||||||
| 6 | Section 145. The Violence Prevention Task Force Act is | ||||||
| 7 | amended by changing Section 5 as follows:
| ||||||
| 8 | (20 ILCS 4028/5)
| ||||||
| 9 | Sec. 5. Violence Prevention Task Force; members. | ||||||
| 10 | (a) There is created the Violence Prevention Task Force | ||||||
| 11 | (hereinafter referred to as the Task Force) consisting of 6 | ||||||
| 12 | members appointed as follows: | ||||||
| 13 | (1) one member of the Senate appointed by the | ||||||
| 14 | President of the Senate; | ||||||
| 15 | (2) one member of the Senate appointed by the | ||||||
| 16 | Minority Leader of the Senate; | ||||||
| 17 | (3) one member of the House of Representatives | ||||||
| 18 | appointed by the Speaker of the House of | ||||||
| 19 | Representatives; | ||||||
| 20 | (4) one member of the House of Representatives | ||||||
| 21 | appointed by the Minority Leader of the House of | ||||||
| 22 | Representatives; and | ||||||
| 23 | (5) 2 members appointed by the Governor, one of | ||||||
| 24 | whom shall be designated the chairperson by the | ||||||
| |||||||
| |||||||
| 1 | Governor. | ||||||
| 2 | (b) The members of the Task Force shall serve without | ||||||
| 3 | compensation but shall be reimbursed for their reasonable and | ||||||
| 4 | necessary expenses from funds appropriated for that purpose. | ||||||
| 5 | (c) The Task Force may employ skilled experts with the | ||||||
| 6 | approval of the chairperson, and shall receive the cooperation | ||||||
| 7 | of those State agencies it deems appropriate to assist the Task | ||||||
| 8 | Force in carrying out its duties. | ||||||
| 9 | (d) The Illinois African-American African American Family | ||||||
| 10 | Commission, the Illinois Department of Public Health, and the | ||||||
| 11 | Illinois Latino Family Commission shall provide administrative | ||||||
| 12 | and other support to the Task Force.
| ||||||
| 13 | (Source: P.A. 98-194, eff. 8-7-13; revised 9-4-13.)
| ||||||
| 14 | Section 150. The State Finance Act is amended by setting | ||||||
| 15 | forth and renumbering multiple versions of Sections 5.826, | ||||||
| 16 | 5.827, 5i, and 6z-98 and by changing Section 25 as follows:
| ||||||
| 17 | (30 ILCS 105/5.826) | ||||||
| 18 | Sec. 5.826. The Driver Services Administration Fund. | ||||||
| 19 | (Source: P.A. 97-1157, eff. 11-28-13.)
| ||||||
| 20 | (30 ILCS 105/5.827) | ||||||
| 21 | Sec. 5.827. The Illinois State Museum Fund. | ||||||
| 22 | (Source: P.A. 97-1136, eff. 1-1-13; 98-463, eff. 8-16-13.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/5.830) | ||||||
| 2 | Sec. 5.830 5.826. The Chicago State University Education | ||||||
| 3 | Improvement Fund. | ||||||
| 4 | (Source: P.A. 98-18, eff. 6-7-13; revised 10-17-13.)
| ||||||
| 5 | (30 ILCS 105/5.831) | ||||||
| 6 | Sec. 5.831 5.826. The Foreclosure Prevention Program | ||||||
| 7 | Graduated Fund. | ||||||
| 8 | (Source: P.A. 98-20, eff. 6-11-13; revised 10-17-13.)
| ||||||
| 9 | (30 ILCS 105/5.832) | ||||||
| 10 | Sec. 5.832 5.826. The Mines and Minerals Regulatory Fund. | ||||||
| 11 | (Source: P.A. 98-22, eff. 6-17-13; revised 10-17-13.)
| ||||||
| 12 | (30 ILCS 105/5.833) | ||||||
| 13 | Sec. 5.833 5.826. The Gang Crime Witness Protection Program | ||||||
| 14 | Fund. | ||||||
| 15 | (Source: P.A. 98-58, eff. 7-8-13; revised 10-17-13.)
| ||||||
| 16 | (30 ILCS 105/5.834) | ||||||
| 17 | Sec. 5.834 5.826. The Mental Health Reporting Fund. | ||||||
| 18 | (Source: P.A. 98-63, eff. 7-9-13; revised 10-17-13.)
| ||||||
| 19 | (30 ILCS 105/5.835) | ||||||
| 20 | Sec. 5.835 5.826. The National Wild Turkey Federation Fund. | ||||||
| 21 | (Source: P.A. 98-66, eff. 1-1-14; revised 10-17-13.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/5.836) | ||||||
| 2 | Sec. 5.836 5.826. The Medicaid Research and Education | ||||||
| 3 | Support Fund. | ||||||
| 4 | (Source: P.A. 98-104, eff. 7-22-13; revised 10-17-13.)
| ||||||
| 5 | (30 ILCS 105/5.837) | ||||||
| 6 | Sec. 5.837 5.826. The South Suburban Airport Improvement | ||||||
| 7 | Fund. | ||||||
| 8 | (Source: P.A. 98-109, eff. 7-25-13; revised 10-17-13.)
| ||||||
| 9 | (30 ILCS 105/5.838) | ||||||
| 10 | Sec. 5.838 5.826. The Working Capital Revolving Loan Fund. | ||||||
| 11 | (Source: P.A. 98-117, eff. 7-30-13; revised 10-17-13.)
| ||||||
| 12 | (30 ILCS 105/5.839) | ||||||
| 13 | Sec. 5.839 5.826. The Compassionate Use of Medical Cannabis | ||||||
| 14 | Fund. | ||||||
| 15 | (Source: P.A. 98-122, eff. 1-1-14; revised 10-17-13.)
| ||||||
| 16 | (30 ILCS 105/5.840) | ||||||
| 17 | Sec. 5.840 5.826. The Illinois Nurses Foundation Fund. | ||||||
| 18 | (Source: P.A. 98-150, eff. 1-1-14; revised 10-17-13.)
| ||||||
| 19 | (30 ILCS 105/5.841) | ||||||
| 20 | Sec. 5.841 5.826. The American Red Cross Fund. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-151, eff. 1-1-14; revised 10-17-13.)
| ||||||
| 2 | (30 ILCS 105/5.842) | ||||||
| 3 | Sec. 5.842 5.826. The Illinois Police Benevolent and | ||||||
| 4 | Protective Association Fund. | ||||||
| 5 | (Source: P.A. 98-233, eff. 1-1-14; revised 10-17-13.)
| ||||||
| 6 | (30 ILCS 105/5.843) | ||||||
| 7 | Sec. 5.843 5.826. The Alzheimer's Awareness Fund. | ||||||
| 8 | (Source: P.A. 98-259, eff. 1-1-14; revised 10-17-13.)
| ||||||
| 9 | (30 ILCS 105/5.844) | ||||||
| 10 | Sec. 5.844 5.826. The Supreme Court Special Purposes Fund. | ||||||
| 11 | (Source: P.A. 98-324, eff. 10-1-13; revised 10-17-13.)
| ||||||
| 12 | (30 ILCS 105/5.845) | ||||||
| 13 | Sec. 5.845 5.826. The Access to Justice Fund. | ||||||
| 14 | (Source: P.A. 98-351, eff. 8-15-13; revised 10-17-13.)
| ||||||
| 15 | (30 ILCS 105/5.846) | ||||||
| 16 | Sec. 5.846 5.826. The Illinois Police K-9 Memorial Fund. | ||||||
| 17 | (Source: P.A. 98-360, eff. 1-1-14; revised 10-17-13.)
| ||||||
| 18 | (30 ILCS 105/5.847) | ||||||
| 19 | Sec. 5.847 5.826. The Public Safety Diver Fund. | ||||||
| 20 | (Source: P.A. 98-376, eff. 1-1-14; revised 10-17-13.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 105/5.848) | ||||||
| 2 | Sec. 5.848 5.826. The Committed to a Cure Fund. | ||||||
| 3 | (Source: P.A. 98-382, eff. 1-1-14; revised 10-17-13.)
| ||||||
| 4 | (30 ILCS 105/5.849) | ||||||
| 5 | Sec. 5.849 5.826. The Illinois Sheriffs' Association | ||||||
| 6 | Scholarship and Training Fund. | ||||||
| 7 | (Source: P.A. 98-395, eff. 1-1-14; revised 10-17-13.)
| ||||||
| 8 | (30 ILCS 105/5.850) | ||||||
| 9 | Sec. 5.850 5.826. The Illinois State Police Memorial Park | ||||||
| 10 | Fund. | ||||||
| 11 | (Source: P.A. 98-469, eff. 8-16-13; revised 10-17-13.)
| ||||||
| 12 | (30 ILCS 105/5.851) | ||||||
| 13 | Sec. 5.851 5.826. The Amusement Ride and Patron Safety | ||||||
| 14 | Fund. | ||||||
| 15 | (Source: P.A. 98-541, eff. 8-23-13; revised 10-17-13.)
| ||||||
| 16 | (30 ILCS 105/5.852) | ||||||
| 17 | Sec. 5.852 5.827. The State Police Firearm Services Fund.
| ||||||
| 18 | (Source: P.A. 98-63, eff. 7-9-13; revised 10-17-13.)
| ||||||
| 19 | (30 ILCS 105/5.853) | ||||||
| 20 | Sec. 5.853 5.827. The Curing Childhood Cancer Fund. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-66, eff. 1-1-14; revised 10-17-13.)
| ||||||
| 2 | (30 ILCS 105/5.854) | ||||||
| 3 | Sec. 5.854 5.827. The South Suburban Brownfields | ||||||
| 4 | Redevelopment Fund. | ||||||
| 5 | (Source: P.A. 98-109, eff. 7-25-13; revised 10-17-13.)
| ||||||
| 6 | (30 ILCS 105/5i) | ||||||
| 7 | Sec. 5i. Transfers. Each year, the Governor's Office of | ||||||
| 8 | Management and Budget shall, at the time set forth for the | ||||||
| 9 | submission of the State budget under Section 50-5 of the State | ||||||
| 10 | Budget Law, provide to the Chairperson and the Minority | ||||||
| 11 | Spokesperson of each of the appropriations
committees of the | ||||||
| 12 | House of Representatives and the Senate a report of (i) all | ||||||
| 13 | full fiscal year transfers from State general funds to any | ||||||
| 14 | other special fund of the State in the previous fiscal year and | ||||||
| 15 | during the current fiscal year to date, and (ii) all projected | ||||||
| 16 | full fiscal year transfers from State general funds to those | ||||||
| 17 | funds for the remainder of the current fiscal year and the next | ||||||
| 18 | fiscal year, based on estimates prepared by the Governor's | ||||||
| 19 | Office of Management and Budget. The report shall include a | ||||||
| 20 | detailed summary of the estimates upon which the projected | ||||||
| 21 | transfers are based. The report shall also indicate, for each | ||||||
| 22 | transfer: | ||||||
| 23 | (1) whether or not there is statutory authority for the | ||||||
| 24 | transfer; | ||||||
| |||||||
| |||||||
| 1 | (2) if there is statutory authority for the transfer, | ||||||
| 2 | whether that statutory authority exists for the next fiscal | ||||||
| 3 | year; and | ||||||
| 4 | (3) whether there is debt service associated with the | ||||||
| 5 | transfer. | ||||||
| 6 | The General Assembly shall consider the report in the | ||||||
| 7 | appropriations process.
| ||||||
| 8 | (Source: P.A. 98-24, eff. 6-19-13.)
| ||||||
| 9 | (30 ILCS 105/5j) | ||||||
| 10 | Sec. 5j 5i. Closure of State mental health facilities or | ||||||
| 11 | developmental disabilities facilities. Consistent with the | ||||||
| 12 | provisions of Sections 4.4 and 4.5 of the Community Services | ||||||
| 13 | Act, whenever a State mental health facility operated by the | ||||||
| 14 | Department of Human Services or a State developmental | ||||||
| 15 | disabilities facility operated by the Department of Human | ||||||
| 16 | Services is closed, the Department of Human Services, at the | ||||||
| 17 | direction of the Governor, shall transfer funds from the closed | ||||||
| 18 | facility to the appropriate line item providing appropriation | ||||||
| 19 | authority for the new venue of care to facilitate the | ||||||
| 20 | transition of services to the new venue of care, provided that | ||||||
| 21 | the new venue of care is a Department of Human Services funded | ||||||
| 22 | provider or facility. | ||||||
| 23 | As used in this Section, the terms "mental health facility" | ||||||
| 24 | and "developmental disabilities facility" have the meanings | ||||||
| 25 | ascribed to those terms in the Mental Health and Developmental | ||||||
| |||||||
| |||||||
| 1 | Disabilities Code.
| ||||||
| 2 | (Source: P.A. 98-403, eff. 1-1-14; revised 10-17-13.)
| ||||||
| 3 | (30 ILCS 105/6z-98) | ||||||
| 4 | Sec. 6z-98. The Chicago State University Education | ||||||
| 5 | Improvement Fund. The Chicago State University Education | ||||||
| 6 | Improvement Fund is hereby created as a special fund in the | ||||||
| 7 | State treasury. The moneys deposited into the Fund shall be | ||||||
| 8 | used by Chicago State University, subject to appropriation, for | ||||||
| 9 | expenses incurred by the University. All interest earned on | ||||||
| 10 | moneys in the Fund shall remain in the Fund.
| ||||||
| 11 | (Source: P.A. 98-18, eff. 6-7-13.)
| ||||||
| 12 | (30 ILCS 105/6z-99) | ||||||
| 13 | Sec. 6z-99 6z-98. The Mental Health Reporting Fund. | ||||||
| 14 | (a) There is created in the State treasury a special fund | ||||||
| 15 | known as the Mental Health Reporting Fund. The Fund shall | ||||||
| 16 | receive revenue under the Firearm Concealed Carry Act. The Fund | ||||||
| 17 | may also receive revenue from grants, pass-through grants, | ||||||
| 18 | donations, appropriations, and any other legal source. | ||||||
| 19 | (b) The Department of State Police and Department of Human | ||||||
| 20 | Services shall coordinate to use moneys in the Fund to finance | ||||||
| 21 | their respective duties of collecting and reporting data on | ||||||
| 22 | mental health records and ensuring that mental health firearm | ||||||
| 23 | possession prohibitors are enforced as set forth under the | ||||||
| 24 | Firearm Concealed Carry Act and the Firearm Owners | ||||||
| |||||||
| |||||||
| 1 | Identification Card Act. Any surplus in the Fund beyond what is | ||||||
| 2 | necessary to ensure compliance with mental health reporting | ||||||
| 3 | under these Acts shall be used by the Department of Human | ||||||
| 4 | Services for mental health treatment programs. | ||||||
| 5 | (c) Investment income that is attributable to the | ||||||
| 6 | investment of moneys in the Fund shall be retained in the Fund | ||||||
| 7 | for the uses specified in this Section.
| ||||||
| 8 | (Source: P.A. 98-63, eff. 7-9-13; revised 7-19-13.)
| ||||||
| 9 | (30 ILCS 105/25) (from Ch. 127, par. 161)
| ||||||
| 10 | Sec. 25. Fiscal year limitations.
| ||||||
| 11 | (a) All appropriations shall be
available for expenditure | ||||||
| 12 | for the fiscal year or for a lesser period if the
Act making | ||||||
| 13 | that appropriation so specifies. A deficiency or emergency
| ||||||
| 14 | appropriation shall be available for expenditure only through | ||||||
| 15 | June 30 of
the year when the Act making that appropriation is | ||||||
| 16 | enacted unless that Act
otherwise provides.
| ||||||
| 17 | (b) Outstanding liabilities as of June 30, payable from | ||||||
| 18 | appropriations
which have otherwise expired, may be paid out of | ||||||
| 19 | the expiring
appropriations during the 2-month period ending at | ||||||
| 20 | the
close of business on August 31. Any service involving
| ||||||
| 21 | professional or artistic skills or any personal services by an | ||||||
| 22 | employee whose
compensation is subject to income tax | ||||||
| 23 | withholding must be performed as of June
30 of the fiscal year | ||||||
| 24 | in order to be considered an "outstanding liability as of
June | ||||||
| 25 | 30" that is thereby eligible for payment out of the expiring
| ||||||
| |||||||
| |||||||
| 1 | appropriation.
| ||||||
| 2 | (b-1) However, payment of tuition reimbursement claims | ||||||
| 3 | under Section 14-7.03 or
18-3 of the School Code may be made by | ||||||
| 4 | the State Board of Education from its
appropriations for those | ||||||
| 5 | respective purposes for any fiscal year, even though
the claims | ||||||
| 6 | reimbursed by the payment may be claims attributable to a prior
| ||||||
| 7 | fiscal year, and payments may be made at the direction of the | ||||||
| 8 | State
Superintendent of Education from the fund from which the | ||||||
| 9 | appropriation is made
without regard to any fiscal year | ||||||
| 10 | limitations, except as required by subsection (j) of this | ||||||
| 11 | Section. Beginning on June 30, 2021, payment of tuition | ||||||
| 12 | reimbursement claims under Section 14-7.03 or 18-3 of the | ||||||
| 13 | School Code as of June 30, payable from appropriations that | ||||||
| 14 | have otherwise expired, may be paid out of the expiring | ||||||
| 15 | appropriation during the 4-month period ending at the close of | ||||||
| 16 | business on October 31.
| ||||||
| 17 | (b-2) All outstanding liabilities as of June 30, 2010, | ||||||
| 18 | payable from appropriations that would otherwise expire at the | ||||||
| 19 | conclusion of the lapse period for fiscal year 2010, and | ||||||
| 20 | interest penalties payable on those liabilities under the State | ||||||
| 21 | Prompt Payment Act, may be paid out of the expiring | ||||||
| 22 | appropriations until December 31, 2010, without regard to the | ||||||
| 23 | fiscal year in which the payment is made, as long as vouchers | ||||||
| 24 | for the liabilities are received by the Comptroller no later | ||||||
| 25 | than August 31, 2010. | ||||||
| 26 | (b-2.5) All outstanding liabilities as of June 30, 2011, | ||||||
| |||||||
| |||||||
| 1 | payable from appropriations that would otherwise expire at the | ||||||
| 2 | conclusion of the lapse period for fiscal year 2011, and | ||||||
| 3 | interest penalties payable on those liabilities under the State | ||||||
| 4 | Prompt Payment Act, may be paid out of the expiring | ||||||
| 5 | appropriations until December 31, 2011, without regard to the | ||||||
| 6 | fiscal year in which the payment is made, as long as vouchers | ||||||
| 7 | for the liabilities are received by the Comptroller no later | ||||||
| 8 | than August 31, 2011. | ||||||
| 9 | (b-2.6) All outstanding liabilities as of June 30, 2012, | ||||||
| 10 | payable from appropriations that would otherwise expire at the | ||||||
| 11 | conclusion of the lapse period for fiscal year 2012, and | ||||||
| 12 | interest penalties payable on those liabilities under the State | ||||||
| 13 | Prompt Payment Act, may be paid out of the expiring | ||||||
| 14 | appropriations until December 31, 2012, without regard to the | ||||||
| 15 | fiscal year in which the payment is made, as long as vouchers | ||||||
| 16 | for the liabilities are received by the Comptroller no later | ||||||
| 17 | than August 31, 2012. | ||||||
| 18 | (b-2.7) For fiscal years 2012, 2013, and 2014, interest | ||||||
| 19 | penalties payable under the State Prompt Payment Act associated | ||||||
| 20 | with a voucher for which payment is issued after June 30 may be | ||||||
| 21 | paid out of the next fiscal year's appropriation. The future | ||||||
| 22 | year appropriation must be for the same purpose and from the | ||||||
| 23 | same fund as the original payment. An interest penalty voucher | ||||||
| 24 | submitted against a future year appropriation must be submitted | ||||||
| 25 | within 60 days after the issuance of the associated voucher, | ||||||
| 26 | and the Comptroller must issue the interest payment within 60 | ||||||
| |||||||
| |||||||
| 1 | days after acceptance of the interest voucher. | ||||||
| 2 | (b-3) Medical payments may be made by the Department of | ||||||
| 3 | Veterans' Affairs from
its
appropriations for those purposes | ||||||
| 4 | for any fiscal year, without regard to the
fact that the | ||||||
| 5 | medical services being compensated for by such payment may have
| ||||||
| 6 | been rendered in a prior fiscal year, except as required by | ||||||
| 7 | subsection (j) of this Section. Beginning on June 30, 2021, | ||||||
| 8 | medical payments payable from appropriations that have | ||||||
| 9 | otherwise expired may be paid out of the expiring appropriation | ||||||
| 10 | during the 4-month period ending at the close of business on | ||||||
| 11 | October 31.
| ||||||
| 12 | (b-4) Medical payments and child care
payments may be made | ||||||
| 13 | by the Department of
Human Services (as successor to the | ||||||
| 14 | Department of Public Aid) from
appropriations for those | ||||||
| 15 | purposes for any fiscal year,
without regard to the fact that | ||||||
| 16 | the medical or child care services being
compensated for by | ||||||
| 17 | such payment may have been rendered in a prior fiscal
year; and | ||||||
| 18 | payments may be made at the direction of the Department of
| ||||||
| 19 | Healthcare and Family Services (or successor agency) from the | ||||||
| 20 | Health Insurance Reserve Fund without regard to any fiscal
year | ||||||
| 21 | limitations, except as required by subsection (j) of this | ||||||
| 22 | Section. Beginning on June 30, 2021, medical and child care | ||||||
| 23 | payments made by the Department of Human Services and payments | ||||||
| 24 | made at the discretion of the Department of Healthcare and | ||||||
| 25 | Family Services (or successor agency) from the Health Insurance | ||||||
| 26 | Reserve Fund and payable from appropriations that have | ||||||
| |||||||
| |||||||
| 1 | otherwise expired may be paid out of the expiring appropriation | ||||||
| 2 | during the 4-month period ending at the close of business on | ||||||
| 3 | October 31.
| ||||||
| 4 | (b-5) Medical payments may be made by the Department of | ||||||
| 5 | Human Services from its appropriations relating to substance | ||||||
| 6 | abuse treatment services for any fiscal year, without regard to | ||||||
| 7 | the fact that the medical services being compensated for by | ||||||
| 8 | such payment may have been rendered in a prior fiscal year, | ||||||
| 9 | provided the payments are made on a fee-for-service basis | ||||||
| 10 | consistent with requirements established for Medicaid | ||||||
| 11 | reimbursement by the Department of Healthcare and Family | ||||||
| 12 | Services, except as required by subsection (j) of this Section. | ||||||
| 13 | Beginning on June 30, 2021, medical payments made by the | ||||||
| 14 | Department of Human Services relating to substance abuse | ||||||
| 15 | treatment services payable from appropriations that have | ||||||
| 16 | otherwise expired may be paid out of the expiring appropriation | ||||||
| 17 | during the 4-month period ending at the close of business on | ||||||
| 18 | October 31. | ||||||
| 19 | (b-6) Additionally, payments may be made by the Department | ||||||
| 20 | of Human Services from
its appropriations, or any other State | ||||||
| 21 | agency from its appropriations with
the approval of the | ||||||
| 22 | Department of Human Services, from the Immigration Reform
and | ||||||
| 23 | Control Fund for purposes authorized pursuant to the | ||||||
| 24 | Immigration Reform
and Control Act of 1986, without regard to | ||||||
| 25 | any fiscal year limitations, except as required by subsection | ||||||
| 26 | (j) of this Section. Beginning on June 30, 2021, payments made | ||||||
| |||||||
| |||||||
| 1 | by the Department of Human Services from the Immigration Reform | ||||||
| 2 | and Control Fund for purposes authorized pursuant to the | ||||||
| 3 | Immigration Reform and Control Act of 1986 payable from | ||||||
| 4 | appropriations that have otherwise expired may be paid out of | ||||||
| 5 | the expiring appropriation during the 4-month period ending at | ||||||
| 6 | the close of business on October 31.
| ||||||
| 7 | (b-7) Payments may be made in accordance with a plan | ||||||
| 8 | authorized by paragraph (11) or (12) of Section 405-105 of the | ||||||
| 9 | Department of Central Management Services Law from | ||||||
| 10 | appropriations for those payments without regard to fiscal year | ||||||
| 11 | limitations. | ||||||
| 12 | (b-8) Reimbursements to eligible airport sponsors for the | ||||||
| 13 | construction or upgrading of Automated Weather Observation | ||||||
| 14 | Systems may be made by the Department of Transportation from | ||||||
| 15 | appropriations for those purposes for any fiscal year, without | ||||||
| 16 | regard to the fact that the qualification or obligation may | ||||||
| 17 | have occurred in a prior fiscal year, provided that at the time | ||||||
| 18 | the expenditure was made the project had been approved by the | ||||||
| 19 | Department of Transportation prior to June 1, 2012 and, as a | ||||||
| 20 | result of recent changes in federal funding formulas, can no | ||||||
| 21 | longer receive federal reimbursement. | ||||||
| 22 | (b-9) Medical payments not exceeding $150,000,000 may be | ||||||
| 23 | made by the Department on Aging from its appropriations | ||||||
| 24 | relating to the Community Care Program for fiscal year 2014, | ||||||
| 25 | without regard to the fact that the medical services being | ||||||
| 26 | compensated for by such payment may have been rendered in a | ||||||
| |||||||
| |||||||
| 1 | prior fiscal year, provided the payments are made on a | ||||||
| 2 | fee-for-service basis consistent with requirements established | ||||||
| 3 | for Medicaid reimbursement by the Department of Healthcare and | ||||||
| 4 | Family Services, except as required by subsection (j) of this | ||||||
| 5 | Section. | ||||||
| 6 | (c) Further, payments may be made by the Department of | ||||||
| 7 | Public Health and the
Department of Human Services (acting as | ||||||
| 8 | successor to the Department of Public
Health under the | ||||||
| 9 | Department of Human Services Act)
from their respective | ||||||
| 10 | appropriations for grants for medical care to or on
behalf of | ||||||
| 11 | premature and high-mortality risk infants and their mothers and
| ||||||
| 12 | for grants for supplemental food supplies provided under the | ||||||
| 13 | United States
Department of Agriculture Women, Infants and | ||||||
| 14 | Children Nutrition Program,
for any fiscal year without regard | ||||||
| 15 | to the fact that the services being
compensated for by such | ||||||
| 16 | payment may have been rendered in a prior fiscal year, except | ||||||
| 17 | as required by subsection (j) of this Section. Beginning on | ||||||
| 18 | June 30, 2021, payments made by the Department of Public Health | ||||||
| 19 | and the Department of Human Services from their respective | ||||||
| 20 | appropriations for grants for medical care to or on behalf of | ||||||
| 21 | premature and high-mortality risk infants and their mothers and | ||||||
| 22 | for grants for supplemental food supplies provided under the | ||||||
| 23 | United States Department of Agriculture Women, Infants and | ||||||
| 24 | Children Nutrition Program payable from appropriations that | ||||||
| 25 | have otherwise expired may be paid out of the expiring | ||||||
| 26 | appropriations during the 4-month period ending at the close of | ||||||
| |||||||
| |||||||
| 1 | business on October 31.
| ||||||
| 2 | (d) The Department of Public Health and the Department of | ||||||
| 3 | Human Services
(acting as successor to the Department of Public | ||||||
| 4 | Health under the Department of
Human Services Act) shall each | ||||||
| 5 | annually submit to the State Comptroller, Senate
President, | ||||||
| 6 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
| 7 | Leader, and the
respective Chairmen and Minority Spokesmen of | ||||||
| 8 | the
Appropriations Committees of the Senate and the House, on | ||||||
| 9 | or before
December 31, a report of fiscal year funds used to | ||||||
| 10 | pay for services
provided in any prior fiscal year. This report | ||||||
| 11 | shall document by program or
service category those | ||||||
| 12 | expenditures from the most recently completed fiscal
year used | ||||||
| 13 | to pay for services provided in prior fiscal years.
| ||||||
| 14 | (e) The Department of Healthcare and Family Services, the | ||||||
| 15 | Department of Human Services
(acting as successor to the | ||||||
| 16 | Department of Public Aid), and the Department of Human Services | ||||||
| 17 | making fee-for-service payments relating to substance abuse | ||||||
| 18 | treatment services provided during a previous fiscal year shall | ||||||
| 19 | each annually
submit to the State
Comptroller, Senate | ||||||
| 20 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
| 21 | Minority Leader, the respective Chairmen and Minority | ||||||
| 22 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
| 23 | the House, on or before November
30, a report that shall | ||||||
| 24 | document by program or service category those
expenditures from | ||||||
| 25 | the most recently completed fiscal year used to pay for (i)
| ||||||
| 26 | services provided in prior fiscal years and (ii) services for | ||||||
| |||||||
| |||||||
| 1 | which claims were
received in prior fiscal years.
| ||||||
| 2 | (f) The Department of Human Services (as successor to the | ||||||
| 3 | Department of
Public Aid) shall annually submit to the State
| ||||||
| 4 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
| 5 | of the House,
House Minority Leader, and the respective | ||||||
| 6 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
| 7 | Committees of the Senate and the House, on or before
December | ||||||
| 8 | 31, a report
of fiscal year funds used to pay for services | ||||||
| 9 | (other than medical care)
provided in any prior fiscal year. | ||||||
| 10 | This report shall document by program or
service category those | ||||||
| 11 | expenditures from the most recently completed fiscal
year used | ||||||
| 12 | to pay for services provided in prior fiscal years.
| ||||||
| 13 | (g) In addition, each annual report required to be | ||||||
| 14 | submitted by the
Department of Healthcare and Family Services | ||||||
| 15 | under subsection (e) shall include the following
information | ||||||
| 16 | with respect to the State's Medicaid program:
| ||||||
| 17 | (1) Explanations of the exact causes of the variance | ||||||
| 18 | between the previous
year's estimated and actual | ||||||
| 19 | liabilities.
| ||||||
| 20 | (2) Factors affecting the Department of Healthcare and | ||||||
| 21 | Family Services' liabilities,
including but not limited to | ||||||
| 22 | numbers of aid recipients, levels of medical
service | ||||||
| 23 | utilization by aid recipients, and inflation in the cost of | ||||||
| 24 | medical
services.
| ||||||
| 25 | (3) The results of the Department's efforts to combat | ||||||
| 26 | fraud and abuse.
| ||||||
| |||||||
| |||||||
| 1 | (h) As provided in Section 4 of the General Assembly | ||||||
| 2 | Compensation Act,
any utility bill for service provided to a | ||||||
| 3 | General Assembly
member's district office for a period | ||||||
| 4 | including portions of 2 consecutive
fiscal years may be paid | ||||||
| 5 | from funds appropriated for such expenditure in
either fiscal | ||||||
| 6 | year.
| ||||||
| 7 | (i) An agency which administers a fund classified by the | ||||||
| 8 | Comptroller as an
internal service fund may issue rules for:
| ||||||
| 9 | (1) billing user agencies in advance for payments or | ||||||
| 10 | authorized inter-fund transfers
based on estimated charges | ||||||
| 11 | for goods or services;
| ||||||
| 12 | (2) issuing credits, refunding through inter-fund | ||||||
| 13 | transfers, or reducing future inter-fund transfers
during
| ||||||
| 14 | the subsequent fiscal year for all user agency payments or | ||||||
| 15 | authorized inter-fund transfers received during the
prior | ||||||
| 16 | fiscal year which were in excess of the final amounts owed | ||||||
| 17 | by the user
agency for that period; and
| ||||||
| 18 | (3) issuing catch-up billings to user agencies
during | ||||||
| 19 | the subsequent fiscal year for amounts remaining due when | ||||||
| 20 | payments or authorized inter-fund transfers
received from | ||||||
| 21 | the user agency during the prior fiscal year were less than | ||||||
| 22 | the
total amount owed for that period.
| ||||||
| 23 | User agencies are authorized to reimburse internal service | ||||||
| 24 | funds for catch-up
billings by vouchers drawn against their | ||||||
| 25 | respective appropriations for the
fiscal year in which the | ||||||
| 26 | catch-up billing was issued or by increasing an authorized | ||||||
| |||||||
| |||||||
| 1 | inter-fund transfer during the current fiscal year. For the | ||||||
| 2 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
| 3 | without the use of the voucher-warrant process, as authorized | ||||||
| 4 | by Section 9.01 of the State Comptroller Act.
| ||||||
| 5 | (i-1) Beginning on July 1, 2021, all outstanding | ||||||
| 6 | liabilities, not payable during the 4-month lapse period as | ||||||
| 7 | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | ||||||
| 8 | (c) of this Section, that are made from appropriations for that | ||||||
| 9 | purpose for any fiscal year, without regard to the fact that | ||||||
| 10 | the services being compensated for by those payments may have | ||||||
| 11 | been rendered in a prior fiscal year, are limited to only those | ||||||
| 12 | claims that have been incurred but for which a proper bill or | ||||||
| 13 | invoice as defined by the State Prompt Payment Act has not been | ||||||
| 14 | received by September 30th following the end of the fiscal year | ||||||
| 15 | in which the service was rendered. | ||||||
| 16 | (j) Notwithstanding any other provision of this Act, the | ||||||
| 17 | aggregate amount of payments to be made without regard for | ||||||
| 18 | fiscal year limitations as contained in subsections (b-1), | ||||||
| 19 | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | ||||||
| 20 | determined by using Generally Accepted Accounting Principles, | ||||||
| 21 | shall not exceed the following amounts: | ||||||
| 22 | (1) $6,000,000,000 for outstanding liabilities related | ||||||
| 23 | to fiscal year 2012; | ||||||
| 24 | (2) $5,300,000,000 for outstanding liabilities related | ||||||
| 25 | to fiscal year 2013; | ||||||
| 26 | (3) $4,600,000,000 for outstanding liabilities related | ||||||
| |||||||
| |||||||
| 1 | to fiscal year 2014; | ||||||
| 2 | (4) $4,000,000,000 for outstanding liabilities related | ||||||
| 3 | to fiscal year 2015; | ||||||
| 4 | (5) $3,300,000,000 for outstanding liabilities related | ||||||
| 5 | to fiscal year 2016; | ||||||
| 6 | (6) $2,600,000,000 for outstanding liabilities related | ||||||
| 7 | to fiscal year 2017; | ||||||
| 8 | (7) $2,000,000,000 for outstanding liabilities related | ||||||
| 9 | to fiscal year 2018; | ||||||
| 10 | (8) $1,300,000,000 for outstanding liabilities related | ||||||
| 11 | to fiscal year 2019; | ||||||
| 12 | (9) $600,000,000 for outstanding liabilities related | ||||||
| 13 | to fiscal year 2020; and | ||||||
| 14 | (10) $0 for outstanding liabilities related to fiscal | ||||||
| 15 | year 2021 and fiscal years thereafter. | ||||||
| 16 | (k) Department of Healthcare and Family Services Medical | ||||||
| 17 | Assistance Payments. | ||||||
| 18 | (1) Definition of Medical Assistance. | ||||||
| 19 | For purposes of this subsection, the term "Medical | ||||||
| 20 | Assistance" shall include, but not necessarily be | ||||||
| 21 | limited to, medical programs and services authorized | ||||||
| 22 | under Titles XIX and XXI of the Social Security Act, | ||||||
| 23 | the Illinois Public Aid Code, the Children's Health | ||||||
| 24 | Insurance Program Act, the Covering ALL KIDS Health | ||||||
| 25 | Insurance Act, the Long Term Acute Care Hospital | ||||||
| 26 | Quality Improvement Transfer Program Act, and medical | ||||||
| |||||||
| |||||||
| 1 | care to or on behalf of persons suffering from chronic | ||||||
| 2 | renal disease, persons suffering from hemophilia, and | ||||||
| 3 | victims of sexual assault. | ||||||
| 4 | (2) Limitations on Medical Assistance payments that | ||||||
| 5 | may be paid from future fiscal year appropriations. | ||||||
| 6 | (A) The maximum amounts of annual unpaid Medical | ||||||
| 7 | Assistance bills received and recorded by the | ||||||
| 8 | Department of Healthcare and Family Services on or | ||||||
| 9 | before June 30th of a particular fiscal year | ||||||
| 10 | attributable in aggregate to the General Revenue Fund, | ||||||
| 11 | Healthcare Provider Relief Fund, Tobacco Settlement | ||||||
| 12 | Recovery Fund, Long-Term Care Provider Fund, and the | ||||||
| 13 | Drug Rebate Fund that may be paid in total by the | ||||||
| 14 | Department from future fiscal year Medical Assistance | ||||||
| 15 | appropriations to those funds are:
$700,000,000 for | ||||||
| 16 | fiscal year 2013 and $100,000,000 for fiscal year 2014 | ||||||
| 17 | and each fiscal year thereafter. | ||||||
| 18 | (B) Bills for Medical Assistance services rendered | ||||||
| 19 | in a particular fiscal year, but received and recorded | ||||||
| 20 | by the Department of Healthcare and Family Services | ||||||
| 21 | after June 30th of that fiscal year, may be paid from | ||||||
| 22 | either appropriations for that fiscal year or future | ||||||
| 23 | fiscal year appropriations for Medical Assistance. | ||||||
| 24 | Such payments shall not be subject to the requirements | ||||||
| 25 | of subparagraph (A). | ||||||
| 26 | (C) Medical Assistance bills received by the | ||||||
| |||||||
| |||||||
| 1 | Department of Healthcare and Family Services in a | ||||||
| 2 | particular fiscal year, but subject to payment amount | ||||||
| 3 | adjustments in a future fiscal year may be paid from a | ||||||
| 4 | future fiscal year's appropriation for Medical | ||||||
| 5 | Assistance. Such payments shall not be subject to the | ||||||
| 6 | requirements of subparagraph (A). | ||||||
| 7 | (D) Medical Assistance payments made by the | ||||||
| 8 | Department of Healthcare and Family Services from | ||||||
| 9 | funds other than those specifically referenced in | ||||||
| 10 | subparagraph (A) may be made from appropriations for | ||||||
| 11 | those purposes for any fiscal year without regard to | ||||||
| 12 | the fact that the Medical Assistance services being | ||||||
| 13 | compensated for by such payment may have been rendered | ||||||
| 14 | in a prior fiscal year. Such payments shall not be | ||||||
| 15 | subject to the requirements of subparagraph (A). | ||||||
| 16 | (3) Extended lapse period for Department of Healthcare | ||||||
| 17 | and Family Services Medical Assistance payments. | ||||||
| 18 | Notwithstanding any other State law to the contrary, | ||||||
| 19 | outstanding Department of Healthcare and Family Services | ||||||
| 20 | Medical Assistance liabilities, as of June 30th, payable | ||||||
| 21 | from appropriations which have otherwise expired, may be | ||||||
| 22 | paid out of the expiring appropriations during the 6-month | ||||||
| 23 | period ending at the close of business on December 31st. | ||||||
| 24 | (l) The changes to this Section made by Public Act 97-691 | ||||||
| 25 | shall be effective for payment of Medical Assistance bills | ||||||
| 26 | incurred in fiscal year 2013 and future fiscal years. The | ||||||
| |||||||
| |||||||
| 1 | changes to this Section made by Public Act 97-691 shall not be | ||||||
| 2 | applied to Medical Assistance bills incurred in fiscal year | ||||||
| 3 | 2012 or prior fiscal years. | ||||||
| 4 | (m) The Comptroller must issue payments against | ||||||
| 5 | outstanding liabilities that were received prior to the lapse | ||||||
| 6 | period deadlines set forth in this Section as soon thereafter | ||||||
| 7 | as practical, but no payment may be issued after the 4 months | ||||||
| 8 | following the lapse period deadline without the signed | ||||||
| 9 | authorization of the Comptroller and the Governor. | ||||||
| 10 | (Source: P.A. 97-75, eff. 6-30-11; 97-333, eff. 8-12-11; | ||||||
| 11 | 97-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932, eff. | ||||||
| 12 | 8-10-12; 98-8, eff. 5-3-13; 98-24, eff. 6-19-13; 98-215, eff. | ||||||
| 13 | 8-9-13; 98-463, eff. 8-16-13; revised 9-9-13.)
| ||||||
| 14 | Section 155. The Public Funds Investment Act is amended by | ||||||
| 15 | changing Sections 2 and 6.5 as follows:
| ||||||
| 16 | (30 ILCS 235/2) (from Ch. 85, par. 902)
| ||||||
| 17 | Sec. 2. Authorized investments.
| ||||||
| 18 | (a) Any public agency may invest any public funds as | ||||||
| 19 | follows:
| ||||||
| 20 | (1) in bonds, notes, certificates of indebtedness, | ||||||
| 21 | treasury bills or
other securities now or hereafter issued, | ||||||
| 22 | which are guaranteed by the full
faith and credit of the | ||||||
| 23 | United States of America as to principal and interest;
| ||||||
| 24 | (2) in bonds, notes, debentures, or other similar | ||||||
| |||||||
| |||||||
| 1 | obligations of the
United States of America, its agencies, | ||||||
| 2 | and its instrumentalities;
| ||||||
| 3 | (3) in interest-bearing savings accounts, | ||||||
| 4 | interest-bearing
certificates of deposit or | ||||||
| 5 | interest-bearing time deposits or any other
investments | ||||||
| 6 | constituting direct obligations of any bank as defined by | ||||||
| 7 | the
Illinois Banking Act;
| ||||||
| 8 | (4) in short term obligations of corporations
| ||||||
| 9 | organized in the United States with assets exceeding | ||||||
| 10 | $500,000,000 if (i)
such obligations are rated at the time | ||||||
| 11 | of purchase at one of the 3 highest
classifications | ||||||
| 12 | established by at least 2 standard rating services and
| ||||||
| 13 | which mature not later than 270 days from the date of | ||||||
| 14 | purchase, (ii)
such purchases do not exceed 10% of the | ||||||
| 15 | corporation's outstanding
obligations and (iii) no more | ||||||
| 16 | than one-third of the public agency's funds
may be invested | ||||||
| 17 | in short term obligations of corporations; or
| ||||||
| 18 | (5) in money market mutual funds registered under the | ||||||
| 19 | Investment
Company Act of 1940, provided that the portfolio | ||||||
| 20 | of any such money market
mutual fund is limited to | ||||||
| 21 | obligations described in paragraph (1) or (2) of this
| ||||||
| 22 | subsection and to agreements to repurchase such | ||||||
| 23 | obligations.
| ||||||
| 24 | (a-1) In addition to any other investments authorized under | ||||||
| 25 | this Act, a
municipality, park district, forest preserve | ||||||
| 26 | district, conservation district, county, or other governmental | ||||||
| |||||||
| |||||||
| 1 | unit may invest its public funds in interest bearing bonds of | ||||||
| 2 | any
county, township, city, village, incorporated town, | ||||||
| 3 | municipal corporation, or
school district, of the State of | ||||||
| 4 | Illinois, of any other state, or of
any political subdivision | ||||||
| 5 | or
agency of the State of Illinois or of any other state, | ||||||
| 6 | whether the interest
earned thereon is taxable or tax-exempt | ||||||
| 7 | under federal law. The bonds shall
be registered in the name of | ||||||
| 8 | the municipality, park district, forest preserve district, | ||||||
| 9 | conservation district, county, or other governmental unit, or | ||||||
| 10 | held under a custodial agreement at a bank. The bonds shall be | ||||||
| 11 | rated at the
time of purchase within the 4 highest general | ||||||
| 12 | classifications established by a
rating service of nationally | ||||||
| 13 | recognized expertise in rating bonds of states and
their | ||||||
| 14 | political subdivisions.
| ||||||
| 15 | (b) Investments may be made only in banks which are insured | ||||||
| 16 | by the
Federal Deposit Insurance Corporation. Any public agency | ||||||
| 17 | may invest any
public funds in short term discount obligations | ||||||
| 18 | of the Federal National
Mortgage Association or in shares or | ||||||
| 19 | other forms of securities legally
issuable by savings banks or | ||||||
| 20 | savings and loan associations incorporated under
the laws of | ||||||
| 21 | this State or any other state or under the laws of the United
| ||||||
| 22 | States. Investments may be made only in those savings banks or | ||||||
| 23 | savings and
loan associations the shares, or investment | ||||||
| 24 | certificates of which are insured
by the Federal Deposit | ||||||
| 25 | Insurance Corporation. Any such securities may be
purchased at | ||||||
| 26 | the offering or market price thereof at the time of such
| ||||||
| |||||||
| |||||||
| 1 | purchase. All such securities so purchased shall mature or be | ||||||
| 2 | redeemable on
a date or dates prior to the time when, in the | ||||||
| 3 | judgment of
such governing authority, the public funds so | ||||||
| 4 | invested will be required
for expenditure by such public agency | ||||||
| 5 | or its governing authority. The
expressed judgment of any such | ||||||
| 6 | governing authority as to the time when
any public funds will | ||||||
| 7 | be required for expenditure or be redeemable is
final and | ||||||
| 8 | conclusive. Any public agency may invest any public funds in
| ||||||
| 9 | dividend-bearing share accounts, share certificate accounts or | ||||||
| 10 | class of
share accounts of a credit union chartered under the | ||||||
| 11 | laws of this State
or the laws of the United States; provided, | ||||||
| 12 | however, the principal office
of any such credit union must be | ||||||
| 13 | located within the State of Illinois.
Investments may be made | ||||||
| 14 | only in those credit unions the accounts of which
are insured | ||||||
| 15 | by applicable law.
| ||||||
| 16 | (c) For purposes of this Section, the term "agencies of the | ||||||
| 17 | United States
of America" includes: (i) the federal land banks, | ||||||
| 18 | federal intermediate
credit banks, banks for cooperative, | ||||||
| 19 | federal farm credit banks, or any other
entity authorized to | ||||||
| 20 | issue debt obligations under the Farm Credit Act of
1971 (12 | ||||||
| 21 | U.S.C. 2001 et seq.) and Acts amendatory thereto; (ii) the | ||||||
| 22 | federal
home loan banks and the federal home loan mortgage | ||||||
| 23 | corporation; and (iii)
any other agency created by Act of | ||||||
| 24 | Congress.
| ||||||
| 25 | (d) Except for pecuniary interests permitted under | ||||||
| 26 | subsection (f) of
Section 3-14-4 of the Illinois Municipal Code | ||||||
| |||||||
| |||||||
| 1 | or under Section 3.2 of
the Public Officer Prohibited Practices | ||||||
| 2 | Act, no person acting as treasurer
or financial officer or who | ||||||
| 3 | is employed in any similar capacity by or for a
public agency | ||||||
| 4 | may do any of the following:
| ||||||
| 5 | (1) have any interest, directly or indirectly, in any | ||||||
| 6 | investments in
which the agency is authorized to invest.
| ||||||
| 7 | (2) have any interest, directly or indirectly, in the | ||||||
| 8 | sellers,
sponsors, or managers of those investments.
| ||||||
| 9 | (3) receive, in any manner, compensation of any kind | ||||||
| 10 | from any
investments in which the agency is authorized to | ||||||
| 11 | invest.
| ||||||
| 12 | (e) Any public agency may also invest any public funds in a | ||||||
| 13 | Public
Treasurers' Investment Pool created under Section 17 of | ||||||
| 14 | the State Treasurer
Act. Any public agency may also invest any | ||||||
| 15 | public funds in a fund managed,
operated, and administered by a | ||||||
| 16 | bank, subsidiary of a bank, or
subsidiary of a bank holding | ||||||
| 17 | company or use the services of such an entity to
hold and | ||||||
| 18 | invest or advise regarding the investment of any public funds.
| ||||||
| 19 | (f) To the extent a public agency has custody of funds not | ||||||
| 20 | owned by it or
another public agency and does not otherwise | ||||||
| 21 | have authority to invest
such funds, the public agency may | ||||||
| 22 | invest such funds as if they were its
own. Such funds must be | ||||||
| 23 | released to the appropriate person at the
earliest reasonable | ||||||
| 24 | time, but in no case exceeding 31 days, after the
private | ||||||
| 25 | person becomes entitled to the receipt of them. All earnings
| ||||||
| 26 | accruing on any investments or deposits made pursuant to the | ||||||
| |||||||
| |||||||
| 1 | provisions
of this Act shall be credited to the public agency | ||||||
| 2 | by or for which such
investments or deposits were made, except | ||||||
| 3 | as provided otherwise in Section
4.1 of the State Finance Act | ||||||
| 4 | or the Local Governmental Tax Collection Act,
and except where | ||||||
| 5 | by specific statutory provisions such earnings are
directed to | ||||||
| 6 | be credited to and paid to a particular fund.
| ||||||
| 7 | (g) A public agency may purchase or invest in repurchase | ||||||
| 8 | agreements of
government securities having the meaning set out | ||||||
| 9 | in the Government
Securities Act of 1986, as now or hereafter | ||||||
| 10 | amended or succeeded, subject to the provisions of said Act and | ||||||
| 11 | the
regulations issued thereunder. The government securities, | ||||||
| 12 | unless
registered or inscribed in the name of the public | ||||||
| 13 | agency, shall be
purchased through banks or trust companies | ||||||
| 14 | authorized to do business in the
State of Illinois.
| ||||||
| 15 | (h) Except for repurchase agreements of government | ||||||
| 16 | securities which are
subject to the Government Securities Act | ||||||
| 17 | of 1986, as now or hereafter amended or succeeded, no public | ||||||
| 18 | agency may
purchase or invest in instruments which constitute | ||||||
| 19 | repurchase agreements,
and no financial institution may enter | ||||||
| 20 | into such an agreement with or on
behalf of any public agency | ||||||
| 21 | unless the instrument and the transaction meet
the following | ||||||
| 22 | requirements:
| ||||||
| 23 | (1) The securities, unless registered or inscribed in | ||||||
| 24 | the name of the
public agency, are purchased through banks | ||||||
| 25 | or trust companies authorized to
do business in the State | ||||||
| 26 | of Illinois.
| ||||||
| |||||||
| |||||||
| 1 | (2) An authorized public officer after ascertaining | ||||||
| 2 | which firm will give
the most favorable rate of interest, | ||||||
| 3 | directs the custodial bank to
"purchase" specified | ||||||
| 4 | securities from a designated institution.
The "custodial | ||||||
| 5 | bank" is the bank or trust company, or agency of
| ||||||
| 6 | government, which acts for the public agency in connection | ||||||
| 7 | with repurchase
agreements involving the investment of | ||||||
| 8 | funds by the public agency. The
State Treasurer may act as | ||||||
| 9 | custodial bank for public agencies executing
repurchase | ||||||
| 10 | agreements. To the extent the Treasurer acts in this | ||||||
| 11 | capacity,
he is hereby authorized to pass through to such | ||||||
| 12 | public agencies any charges
assessed by the Federal Reserve | ||||||
| 13 | Bank.
| ||||||
| 14 | (3) A custodial bank must be a member bank of the | ||||||
| 15 | Federal Reserve System
or maintain accounts with member | ||||||
| 16 | banks. All transfers of book-entry
securities must be | ||||||
| 17 | accomplished on a Reserve Bank's computer records
through a | ||||||
| 18 | member bank of the Federal Reserve System. These securities | ||||||
| 19 | must
be credited to the public agency on the records of the | ||||||
| 20 | custodial bank and
the transaction must be confirmed in | ||||||
| 21 | writing to the public agency by
the custodial bank.
| ||||||
| 22 | (4) Trading partners shall be limited to banks or trust | ||||||
| 23 | companies
authorized to do business in the State of | ||||||
| 24 | Illinois or to registered primary
reporting dealers.
| ||||||
| 25 | (5) The security interest must be perfected.
| ||||||
| 26 | (6) The public agency enters into a written master | ||||||
| |||||||
| |||||||
| 1 | repurchase agreement
which outlines the basic | ||||||
| 2 | responsibilities and liabilities of both buyer and
seller.
| ||||||
| 3 | (7) Agreements shall be for periods of 330 days or | ||||||
| 4 | less.
| ||||||
| 5 | (8) The authorized public officer of the public agency | ||||||
| 6 | informs the
custodial bank in writing of the maturity | ||||||
| 7 | details of the repurchase agreement.
| ||||||
| 8 | (9) The custodial bank must take delivery of and | ||||||
| 9 | maintain the
securities in its custody for the account of | ||||||
| 10 | the public agency and confirm
the transaction in writing to | ||||||
| 11 | the public agency. The Custodial Undertaking
shall provide | ||||||
| 12 | that the custodian takes possession of the securities
| ||||||
| 13 | exclusively for the public agency; that the securities are | ||||||
| 14 | free of any
claims against the trading partner; and any | ||||||
| 15 | claims by the custodian are
subordinate to the public | ||||||
| 16 | agency's claims to rights to those securities.
| ||||||
| 17 | (10) The obligations purchased by a public agency may | ||||||
| 18 | only be sold or
presented for redemption or payment by the | ||||||
| 19 | fiscal agent bank or trust
company holding the obligations | ||||||
| 20 | upon the written instruction of the
public agency or | ||||||
| 21 | officer authorized to make such investments.
| ||||||
| 22 | (11) The custodial bank shall be liable to the public | ||||||
| 23 | agency for any
monetary loss suffered by the public agency | ||||||
| 24 | due to the failure of the
custodial bank to take and | ||||||
| 25 | maintain possession of such securities.
| ||||||
| 26 | (i) Notwithstanding the foregoing restrictions on | ||||||
| |||||||
| |||||||
| 1 | investment in
instruments constituting repurchase agreements | ||||||
| 2 | the Illinois Housing
Development Authority may invest in, and | ||||||
| 3 | any financial institution with
capital of at least $250,000,000 | ||||||
| 4 | may act as custodian for, instruments
that constitute | ||||||
| 5 | repurchase agreements, provided that the Illinois Housing
| ||||||
| 6 | Development Authority, in making each such investment, | ||||||
| 7 | complies with the
safety and soundness guidelines for engaging | ||||||
| 8 | in repurchase transactions
applicable to federally insured | ||||||
| 9 | banks, savings banks, savings and loan
associations or other | ||||||
| 10 | depository institutions as set forth in the Federal
Financial | ||||||
| 11 | Institutions Examination Council Policy Statement Regarding
| ||||||
| 12 | Repurchase Agreements and any regulations issued, or which may | ||||||
| 13 | be issued by the
supervisory federal authority pertaining | ||||||
| 14 | thereto and any amendments thereto;
provided further that the | ||||||
| 15 | securities shall be either (i) direct general
obligations of, | ||||||
| 16 | or obligations the payment of the principal of and/or interest
| ||||||
| 17 | on which are unconditionally guaranteed by, the United States | ||||||
| 18 | of America or
(ii) any obligations of any agency, corporation | ||||||
| 19 | or subsidiary thereof
controlled or supervised by and acting as | ||||||
| 20 | an instrumentality of the United
States Government pursuant to | ||||||
| 21 | authority granted by the Congress of the United
States and | ||||||
| 22 | provided further that the security interest must be perfected | ||||||
| 23 | by
either the Illinois Housing Development Authority, its | ||||||
| 24 | custodian or its agent
receiving possession of the securities | ||||||
| 25 | either physically or transferred through
a nationally | ||||||
| 26 | recognized book entry system.
| ||||||
| |||||||
| |||||||
| 1 | (j) In addition to all other investments authorized
under | ||||||
| 2 | this Section, a community college district may
invest public | ||||||
| 3 | funds in any mutual funds that
invest primarily in corporate | ||||||
| 4 | investment grade or global government short term
bonds.
| ||||||
| 5 | Purchases of mutual funds that invest primarily in global | ||||||
| 6 | government short
term bonds shall be limited to funds with | ||||||
| 7 | assets of at least $100 million and
that are rated at the time | ||||||
| 8 | of purchase as one of the 10 highest classifications
| ||||||
| 9 | established by a recognized rating service. The investments | ||||||
| 10 | shall be subject
to approval by the local community college | ||||||
| 11 | board of trustees. Each community
college board of trustees | ||||||
| 12 | shall develop a policy regarding the percentage of
the | ||||||
| 13 | college's investment portfolio that can be invested in such | ||||||
| 14 | funds.
| ||||||
| 15 | Nothing in this Section shall be construed to authorize an
| ||||||
| 16 | intergovernmental risk management entity to accept the deposit | ||||||
| 17 | of public funds
except for risk management purposes.
| ||||||
| 18 | (Source: P.A. 97-129, eff. 7-14-11; 98-297, eff. 1-1-14; | ||||||
| 19 | 98-390, eff. 8-16-13; revised 9-10-13.)
| ||||||
| 20 | (30 ILCS 235/6.5) | ||||||
| 21 | Sec. 6.5. Federally insured deposits at Illinois financial | ||||||
| 22 | institutions. | ||||||
| 23 | (a) Notwithstanding any other provision of this Act or any | ||||||
| 24 | other statute, whenever a public agency invests public funds in | ||||||
| 25 | an interest-bearing savings account, interest-bearing | ||||||
| |||||||
| |||||||
| 1 | certificate of deposit, or interest-bearing time deposit under | ||||||
| 2 | Section 2 of this Act, the provisions of Section 6 of this Act | ||||||
| 3 | and any other statutory requirements pertaining to the | ||||||
| 4 | eligibility of a bank to receive or hold public deposits or to | ||||||
| 5 | the pledging of collateral by a bank to secure public deposits | ||||||
| 6 | do not apply to any bank receiving or holding all or part of | ||||||
| 7 | the invested public funds if (i) the public agency initiates | ||||||
| 8 | the investment at or through a bank located in Illinois and | ||||||
| 9 | (ii) the invested public funds are at all times time fully | ||||||
| 10 | insured by an agency or instrumentality of the federal | ||||||
| 11 | government. | ||||||
| 12 | (b) Nothing in this Section is intended to: | ||||||
| 13 | (1) prohibit a public agency from requiring the bank at | ||||||
| 14 | or through which the investment of public funds is | ||||||
| 15 | initiated to provide the public agency with the information | ||||||
| 16 | otherwise required by subsection subsections (a), (b), or | ||||||
| 17 | (c) of Section 6 of this Act as a condition of investing | ||||||
| 18 | the public funds at or through that bank; or | ||||||
| 19 | (2) permit a bank to receive or hold public deposits if | ||||||
| 20 | that bank is prohibited from doing so by any rule, | ||||||
| 21 | sanction, or order issued by a regulatory agency or by a | ||||||
| 22 | court. | ||||||
| 23 | (c) For purposes of this Section, the term "bank" includes | ||||||
| 24 | any person doing a banking business whether subject to the laws | ||||||
| 25 | of this or any other jurisdiction.
| ||||||
| 26 | (Source: P.A. 93-756, eff. 7-16-04; revised 10-7-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 160. The Illinois Procurement Code is amended by | ||||||
| 2 | changing Section 1-10 as follows:
| ||||||
| 3 | (30 ILCS 500/1-10)
| ||||||
| 4 | Sec. 1-10. Application.
| ||||||
| 5 | (a) This Code applies only to procurements for which | ||||||
| 6 | contractors were first
solicited on or after July 1, 1998. This | ||||||
| 7 | Code shall not be construed to affect
or impair any contract, | ||||||
| 8 | or any provision of a contract, entered into based on a
| ||||||
| 9 | solicitation prior to the implementation date of this Code as | ||||||
| 10 | described in
Article 99, including but not limited to any | ||||||
| 11 | covenant entered into with respect
to any revenue bonds or | ||||||
| 12 | similar instruments.
All procurements for which contracts are | ||||||
| 13 | solicited between the effective date
of Articles 50 and 99 and | ||||||
| 14 | July 1, 1998 shall be substantially in accordance
with this | ||||||
| 15 | Code and its intent.
| ||||||
| 16 | (b) This Code shall apply regardless of the source of the | ||||||
| 17 | funds with which
the contracts are paid, including federal | ||||||
| 18 | assistance moneys.
This Code shall
not apply to:
| ||||||
| 19 | (1) Contracts between the State and its political | ||||||
| 20 | subdivisions or other
governments, or between State | ||||||
| 21 | governmental bodies except as specifically
provided in | ||||||
| 22 | this Code.
| ||||||
| 23 | (2) Grants, except for the filing requirements of | ||||||
| 24 | Section 20-80.
| ||||||
| |||||||
| |||||||
| 1 | (3) Purchase of care.
| ||||||
| 2 | (4) Hiring of an individual as employee and not as an | ||||||
| 3 | independent
contractor, whether pursuant to an employment | ||||||
| 4 | code or policy or by contract
directly with that | ||||||
| 5 | individual.
| ||||||
| 6 | (5) Collective bargaining contracts.
| ||||||
| 7 | (6) Purchase of real estate, except that notice of this | ||||||
| 8 | type of contract with a value of more than $25,000 must be | ||||||
| 9 | published in the Procurement Bulletin within 7 days after | ||||||
| 10 | the deed is recorded in the county of jurisdiction. The | ||||||
| 11 | notice shall identify the real estate purchased, the names | ||||||
| 12 | of all parties to the contract, the value of the contract, | ||||||
| 13 | and the effective date of the contract.
| ||||||
| 14 | (7) Contracts necessary to prepare for anticipated | ||||||
| 15 | litigation, enforcement
actions, or investigations, | ||||||
| 16 | provided
that the chief legal counsel to the Governor shall | ||||||
| 17 | give his or her prior
approval when the procuring agency is | ||||||
| 18 | one subject to the jurisdiction of the
Governor, and | ||||||
| 19 | provided that the chief legal counsel of any other | ||||||
| 20 | procuring
entity
subject to this Code shall give his or her | ||||||
| 21 | prior approval when the procuring
entity is not one subject | ||||||
| 22 | to the jurisdiction of the Governor.
| ||||||
| 23 | (8) Contracts for
services to Northern Illinois | ||||||
| 24 | University by a person, acting as
an independent | ||||||
| 25 | contractor, who is qualified by education, experience, and
| ||||||
| 26 | technical ability and is selected by negotiation for the | ||||||
| |||||||
| |||||||
| 1 | purpose of providing
non-credit educational service | ||||||
| 2 | activities or products by means of specialized
programs | ||||||
| 3 | offered by the university.
| ||||||
| 4 | (9) Procurement expenditures by the Illinois | ||||||
| 5 | Conservation Foundation
when only private funds are used.
| ||||||
| 6 | (10) Procurement expenditures by the Illinois Health | ||||||
| 7 | Information Exchange Authority involving private funds | ||||||
| 8 | from the Health Information Exchange Fund. "Private funds" | ||||||
| 9 | means gifts, donations, and private grants. | ||||||
| 10 | (11) Public-private agreements entered into according | ||||||
| 11 | to the procurement requirements of Section 20 of the | ||||||
| 12 | Public-Private Partnerships for Transportation Act and | ||||||
| 13 | design-build agreements entered into according to the | ||||||
| 14 | procurement requirements of Section 25 of the | ||||||
| 15 | Public-Private Partnerships for Transportation Act. | ||||||
| 16 | (12) Contracts for legal, financial, and other | ||||||
| 17 | professional and artistic services entered into on or | ||||||
| 18 | before December 31, 2018 by the Illinois Finance Authority | ||||||
| 19 | in which the State of Illinois is not obligated. Such | ||||||
| 20 | contracts shall be awarded through a competitive process | ||||||
| 21 | authorized by the Board of the Illinois Finance Authority | ||||||
| 22 | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | ||||||
| 23 | 50-35, and 50-37 of this Code, as well as the final | ||||||
| 24 | approval by the Board of the Illinois Finance Authority of | ||||||
| 25 | the terms of the contract. | ||||||
| 26 | Notwithstanding any other provision of law, contracts | ||||||
| |||||||
| |||||||
| 1 | entered into under item (12) of this subsection (b) shall be | ||||||
| 2 | published in the Procurement Bulletin within 14 days after | ||||||
| 3 | contract execution. The chief procurement officer shall | ||||||
| 4 | prescribe the form and content of the notice. The Illinois | ||||||
| 5 | Finance Authority shall provide the chief procurement officer, | ||||||
| 6 | on a monthly basis, in the form and content prescribed by the | ||||||
| 7 | chief procurement officer, a report of contracts that are | ||||||
| 8 | related to the procurement of goods and services identified in | ||||||
| 9 | item (12) of this subsection (b). At a minimum, this report | ||||||
| 10 | shall include the name of the contractor, a description of the | ||||||
| 11 | supply or service provided, the total amount of the contract, | ||||||
| 12 | the term of the contract, and the exception to the Code | ||||||
| 13 | utilized. A copy of each of these contracts shall be made | ||||||
| 14 | available to the chief procurement officer immediately upon | ||||||
| 15 | request. The chief procurement officer shall submit a report to | ||||||
| 16 | the Governor and General Assembly no later than November 1 of | ||||||
| 17 | each year that shall include, at a minimum, an annual summary | ||||||
| 18 | of the monthly information reported to the chief procurement | ||||||
| 19 | officer. | ||||||
| 20 | (c) This Code does not apply to the electric power | ||||||
| 21 | procurement process provided for under Section 1-75 of the | ||||||
| 22 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
| 23 | Utilities Act. | ||||||
| 24 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
| 25 | and as expressly required by Section 9.1 of the Illinois | ||||||
| 26 | Lottery Law, the provisions of this Code do not apply to the | ||||||
| |||||||
| |||||||
| 1 | procurement process provided for under Section 9.1 of the | ||||||
| 2 | Illinois Lottery Law. | ||||||
| 3 | (e) This Code does not apply to the process used by the | ||||||
| 4 | Capital Development Board to retain a person or entity to | ||||||
| 5 | assist the Capital Development Board with its duties related to | ||||||
| 6 | the determination of costs of a clean coal SNG brownfield | ||||||
| 7 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
| 8 | Agency Act, as required in subsection (h-3) of Section 9-220 of | ||||||
| 9 | the Public Utilities Act, including calculating the range of | ||||||
| 10 | capital costs, the range of operating and maintenance costs, or | ||||||
| 11 | the sequestration costs or monitoring the construction of clean | ||||||
| 12 | coal SNG brownfield facility for the full duration of | ||||||
| 13 | construction. | ||||||
| 14 | (f) This Code does not apply to the process used by the | ||||||
| 15 | Illinois Power Agency to retain a mediator to mediate sourcing | ||||||
| 16 | agreement disputes between gas utilities and the clean coal SNG | ||||||
| 17 | brownfield facility, as defined in Section 1-10 of the Illinois | ||||||
| 18 | Power Agency Act, as required under subsection (h-1) of Section | ||||||
| 19 | 9-220 of the Public Utilities Act. | ||||||
| 20 | (g) This Code does not apply to the processes used by the | ||||||
| 21 | Illinois Power Agency to retain a mediator to mediate contract | ||||||
| 22 | disputes between gas utilities and the clean coal SNG facility | ||||||
| 23 | and to retain an expert to assist in the review of contracts | ||||||
| 24 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
| 25 | Act. This Code does not apply to the process used by the | ||||||
| 26 | Illinois Commerce Commission to retain an expert to assist in | ||||||
| |||||||
| |||||||
| 1 | determining the actual incurred costs of the clean coal SNG | ||||||
| 2 | facility and the reasonableness of those costs as required | ||||||
| 3 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
| 4 | Act. | ||||||
| 5 | (h) This Code does not apply to the process to procure or | ||||||
| 6 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
| 7 | 11-5.3 of the Illinois Public Aid Code. | ||||||
| 8 | (i) Each chief procurement officer may access records | ||||||
| 9 | necessary to review whether a contract, purchase, or other | ||||||
| 10 | expenditure is or is not subject to the provisions of this | ||||||
| 11 | Code, unless such records would be subject to attorney-client | ||||||
| 12 | privilege. | ||||||
| 13 | (j) This Code does not apply to the process used by the | ||||||
| 14 | Capital Development Board to retain an artist or work or works | ||||||
| 15 | of art as required in Section 14 of the Capital Development | ||||||
| 16 | Board Act. | ||||||
| 17 | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, | ||||||
| 18 | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; | ||||||
| 19 | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | ||||||
| 20 | 98-572, eff. 1-1-14; revised 9-9-13.)
| ||||||
| 21 | Section 165. The State Mandates Act is amended by changing | ||||||
| 22 | Section 8.37 as follows:
| ||||||
| 23 | (30 ILCS 805/8.37) | ||||||
| 24 | Sec. 8.37. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
| |||||||
| |||||||
| 1 | of this Act, no reimbursement by the State is required for the | ||||||
| 2 | implementation of any mandate created by Public Act 98-218, | ||||||
| 3 | 98-389, 98-391, 98-427, 98-599, or 98-622 this amendatory Act | ||||||
| 4 | of the 98th General Assembly.
| ||||||
| 5 | (Source: P.A. 98-218, eff. 8-9-13; 98-389, eff. 8-16-13; | ||||||
| 6 | 98-391, eff. 8-16-13; 98-427, eff. 8-16-13; 98-599, eff. | ||||||
| 7 | 6-1-14; 98-622, eff. 6-1-14; revised 1-15-14.)
| ||||||
| 8 | Section 170. The Illinois Income Tax Act is amended by | ||||||
| 9 | changing Sections 201 and 304 as follows:
| ||||||
| 10 | (35 ILCS 5/201) (from Ch. 120, par. 2-201) | ||||||
| 11 | Sec. 201. Tax Imposed. | ||||||
| 12 | (a) In general. A tax measured by net income is hereby | ||||||
| 13 | imposed on every
individual, corporation, trust and estate for | ||||||
| 14 | each taxable year ending
after July 31, 1969 on the privilege | ||||||
| 15 | of earning or receiving income in or
as a resident of this | ||||||
| 16 | State. Such tax shall be in addition to all other
occupation or | ||||||
| 17 | privilege taxes imposed by this State or by any municipal
| ||||||
| 18 | corporation or political subdivision thereof. | ||||||
| 19 | (b) Rates. The tax imposed by subsection (a) of this | ||||||
| 20 | Section shall be
determined as follows, except as adjusted by | ||||||
| 21 | subsection (d-1): | ||||||
| 22 | (1) In the case of an individual, trust or estate, for | ||||||
| 23 | taxable years
ending prior to July 1, 1989, an amount equal | ||||||
| 24 | to 2 1/2% of the taxpayer's
net income for the taxable | ||||||
| |||||||
| |||||||
| 1 | year. | ||||||
| 2 | (2) In the case of an individual, trust or estate, for | ||||||
| 3 | taxable years
beginning prior to July 1, 1989 and ending | ||||||
| 4 | after June 30, 1989, an amount
equal to the sum of (i) 2 | ||||||
| 5 | 1/2% of the taxpayer's net income for the period
prior to | ||||||
| 6 | July 1, 1989, as calculated under Section 202.3, and (ii) | ||||||
| 7 | 3% of the
taxpayer's net income for the period after June | ||||||
| 8 | 30, 1989, as calculated
under Section 202.3. | ||||||
| 9 | (3) In the case of an individual, trust or estate, for | ||||||
| 10 | taxable years
beginning after June 30, 1989, and ending | ||||||
| 11 | prior to January 1, 2011, an amount equal to 3% of the | ||||||
| 12 | taxpayer's net
income for the taxable year. | ||||||
| 13 | (4) In the case of an individual, trust, or estate, for | ||||||
| 14 | taxable years beginning prior to January 1, 2011, and | ||||||
| 15 | ending after December 31, 2010, an amount equal to the sum | ||||||
| 16 | of (i) 3% of the taxpayer's net income for the period prior | ||||||
| 17 | to January 1, 2011, as calculated under Section 202.5, and | ||||||
| 18 | (ii) 5% of the taxpayer's net income for the period after | ||||||
| 19 | December 31, 2010, as calculated under Section 202.5. | ||||||
| 20 | (5) In the case of an individual, trust, or estate, for | ||||||
| 21 | taxable years beginning on or after January 1, 2011, and | ||||||
| 22 | ending prior to January 1, 2015, an amount equal to 5% of | ||||||
| 23 | the taxpayer's net income for the taxable year. | ||||||
| 24 | (5.1) In the case of an individual, trust, or estate, | ||||||
| 25 | for taxable years beginning prior to January 1, 2015, and | ||||||
| 26 | ending after December 31, 2014, an amount equal to the sum | ||||||
| |||||||
| |||||||
| 1 | of (i) 5% of the taxpayer's net income for the period prior | ||||||
| 2 | to January 1, 2015, as calculated under Section 202.5, and | ||||||
| 3 | (ii) 3.75% of the taxpayer's net income for the period | ||||||
| 4 | after December 31, 2014, as calculated under Section 202.5. | ||||||
| 5 | (5.2) In the case of an individual, trust, or estate, | ||||||
| 6 | for taxable years beginning on or after January 1, 2015, | ||||||
| 7 | and ending prior to January 1, 2025, an amount equal to | ||||||
| 8 | 3.75% of the taxpayer's net income for the taxable year. | ||||||
| 9 | (5.3) In the case of an individual, trust, or estate, | ||||||
| 10 | for taxable years beginning prior to January 1, 2025, and | ||||||
| 11 | ending after December 31, 2024, an amount equal to the sum | ||||||
| 12 | of (i) 3.75% of the taxpayer's net income for the period | ||||||
| 13 | prior to January 1, 2025, as calculated under Section | ||||||
| 14 | 202.5, and (ii) 3.25% of the taxpayer's net income for the | ||||||
| 15 | period after December 31, 2024, as calculated under Section | ||||||
| 16 | 202.5. | ||||||
| 17 | (5.4) In the case of an individual, trust, or estate, | ||||||
| 18 | for taxable years beginning on or after January 1, 2025, an | ||||||
| 19 | amount equal to 3.25% of the taxpayer's net income for the | ||||||
| 20 | taxable year. | ||||||
| 21 | (6) In the case of a corporation, for taxable years
| ||||||
| 22 | ending prior to July 1, 1989, an amount equal to 4% of the
| ||||||
| 23 | taxpayer's net income for the taxable year. | ||||||
| 24 | (7) In the case of a corporation, for taxable years | ||||||
| 25 | beginning prior to
July 1, 1989 and ending after June 30, | ||||||
| 26 | 1989, an amount equal to the sum of
(i) 4% of the | ||||||
| |||||||
| |||||||
| 1 | taxpayer's net income for the period prior to July 1, 1989,
| ||||||
| 2 | as calculated under Section 202.3, and (ii) 4.8% of the | ||||||
| 3 | taxpayer's net
income for the period after June 30, 1989, | ||||||
| 4 | as calculated under Section
202.3. | ||||||
| 5 | (8) In the case of a corporation, for taxable years | ||||||
| 6 | beginning after
June 30, 1989, and ending prior to January | ||||||
| 7 | 1, 2011, an amount equal to 4.8% of the taxpayer's net | ||||||
| 8 | income for the
taxable year. | ||||||
| 9 | (9) In the case of a corporation, for taxable years | ||||||
| 10 | beginning prior to January 1, 2011, and ending after | ||||||
| 11 | December 31, 2010, an amount equal to the sum of (i) 4.8% | ||||||
| 12 | of the taxpayer's net income for the period prior to | ||||||
| 13 | January 1, 2011, as calculated under Section 202.5, and | ||||||
| 14 | (ii) 7% of the taxpayer's net income for the period after | ||||||
| 15 | December 31, 2010, as calculated under Section 202.5. | ||||||
| 16 | (10) In the case of a corporation, for taxable years | ||||||
| 17 | beginning on or after January 1, 2011, and ending prior to | ||||||
| 18 | January 1, 2015, an amount equal to 7% of the taxpayer's | ||||||
| 19 | net income for the taxable year. | ||||||
| 20 | (11) In the case of a corporation, for taxable years | ||||||
| 21 | beginning prior to January 1, 2015, and ending after | ||||||
| 22 | December 31, 2014, an amount equal to the sum of (i) 7% of | ||||||
| 23 | the taxpayer's net income for the period prior to January | ||||||
| 24 | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% | ||||||
| 25 | of the taxpayer's net income for the period after December | ||||||
| 26 | 31, 2014, as calculated under Section 202.5. | ||||||
| |||||||
| |||||||
| 1 | (12) In the case of a corporation, for taxable years | ||||||
| 2 | beginning on or after January 1, 2015, and ending prior to | ||||||
| 3 | January 1, 2025, an amount equal to 5.25% of the taxpayer's | ||||||
| 4 | net income for the taxable year. | ||||||
| 5 | (13) In the case of a corporation, for taxable years | ||||||
| 6 | beginning prior to January 1, 2025, and ending after | ||||||
| 7 | December 31, 2024, an amount equal to the sum of (i) 5.25% | ||||||
| 8 | of the taxpayer's net income for the period prior to | ||||||
| 9 | January 1, 2025, as calculated under Section 202.5, and | ||||||
| 10 | (ii) 4.8% of the taxpayer's net income for the period after | ||||||
| 11 | December 31, 2024, as calculated under Section 202.5. | ||||||
| 12 | (14) In the case of a corporation, for taxable years | ||||||
| 13 | beginning on or after January 1, 2025, an amount equal to | ||||||
| 14 | 4.8% of the taxpayer's net income for the taxable year. | ||||||
| 15 | The rates under this subsection (b) are subject to the | ||||||
| 16 | provisions of Section 201.5. | ||||||
| 17 | (c) Personal Property Tax Replacement Income Tax.
| ||||||
| 18 | Beginning on July 1, 1979 and thereafter, in addition to such | ||||||
| 19 | income
tax, there is also hereby imposed the Personal Property | ||||||
| 20 | Tax Replacement
Income Tax measured by net income on every | ||||||
| 21 | corporation (including Subchapter
S corporations), partnership | ||||||
| 22 | and trust, for each taxable year ending after
June 30, 1979. | ||||||
| 23 | Such taxes are imposed on the privilege of earning or
receiving | ||||||
| 24 | income in or as a resident of this State. The Personal Property
| ||||||
| 25 | Tax Replacement Income Tax shall be in addition to the income | ||||||
| 26 | tax imposed
by subsections (a) and (b) of this Section and in | ||||||
| |||||||
| |||||||
| 1 | addition to all other
occupation or privilege taxes imposed by | ||||||
| 2 | this State or by any municipal
corporation or political | ||||||
| 3 | subdivision thereof. | ||||||
| 4 | (d) Additional Personal Property Tax Replacement Income | ||||||
| 5 | Tax Rates.
The personal property tax replacement income tax | ||||||
| 6 | imposed by this subsection
and subsection (c) of this Section | ||||||
| 7 | in the case of a corporation, other
than a Subchapter S | ||||||
| 8 | corporation and except as adjusted by subsection (d-1),
shall | ||||||
| 9 | be an additional amount equal to
2.85% of such taxpayer's net | ||||||
| 10 | income for the taxable year, except that
beginning on January | ||||||
| 11 | 1, 1981, and thereafter, the rate of 2.85% specified
in this | ||||||
| 12 | subsection shall be reduced to 2.5%, and in the case of a
| ||||||
| 13 | partnership, trust or a Subchapter S corporation shall be an | ||||||
| 14 | additional
amount equal to 1.5% of such taxpayer's net income | ||||||
| 15 | for the taxable year. | ||||||
| 16 | (d-1) Rate reduction for certain foreign insurers. In the | ||||||
| 17 | case of a
foreign insurer, as defined by Section 35A-5 of the | ||||||
| 18 | Illinois Insurance Code,
whose state or country of domicile | ||||||
| 19 | imposes on insurers domiciled in Illinois
a retaliatory tax | ||||||
| 20 | (excluding any insurer
whose premiums from reinsurance assumed | ||||||
| 21 | are 50% or more of its total insurance
premiums as determined | ||||||
| 22 | under paragraph (2) of subsection (b) of Section 304,
except | ||||||
| 23 | that for purposes of this determination premiums from | ||||||
| 24 | reinsurance do
not include premiums from inter-affiliate | ||||||
| 25 | reinsurance arrangements),
beginning with taxable years ending | ||||||
| 26 | on or after December 31, 1999,
the sum of
the rates of tax | ||||||
| |||||||
| |||||||
| 1 | imposed by subsections (b) and (d) shall be reduced (but not
| ||||||
| 2 | increased) to the rate at which the total amount of tax imposed | ||||||
| 3 | under this Act,
net of all credits allowed under this Act, | ||||||
| 4 | shall equal (i) the total amount of
tax that would be imposed | ||||||
| 5 | on the foreign insurer's net income allocable to
Illinois for | ||||||
| 6 | the taxable year by such foreign insurer's state or country of
| ||||||
| 7 | domicile if that net income were subject to all income taxes | ||||||
| 8 | and taxes
measured by net income imposed by such foreign | ||||||
| 9 | insurer's state or country of
domicile, net of all credits | ||||||
| 10 | allowed or (ii) a rate of zero if no such tax is
imposed on such | ||||||
| 11 | income by the foreign insurer's state of domicile.
For the | ||||||
| 12 | purposes of this subsection (d-1), an inter-affiliate includes | ||||||
| 13 | a
mutual insurer under common management. | ||||||
| 14 | (1) For the purposes of subsection (d-1), in no event | ||||||
| 15 | shall the sum of the
rates of tax imposed by subsections | ||||||
| 16 | (b) and (d) be reduced below the rate at
which the sum of: | ||||||
| 17 | (A) the total amount of tax imposed on such foreign | ||||||
| 18 | insurer under
this Act for a taxable year, net of all | ||||||
| 19 | credits allowed under this Act, plus | ||||||
| 20 | (B) the privilege tax imposed by Section 409 of the | ||||||
| 21 | Illinois Insurance
Code, the fire insurance company | ||||||
| 22 | tax imposed by Section 12 of the Fire
Investigation | ||||||
| 23 | Act, and the fire department taxes imposed under | ||||||
| 24 | Section 11-10-1
of the Illinois Municipal Code, | ||||||
| 25 | equals 1.25% for taxable years ending prior to December 31, | ||||||
| 26 | 2003, or
1.75% for taxable years ending on or after | ||||||
| |||||||
| |||||||
| 1 | December 31, 2003, of the net
taxable premiums written for | ||||||
| 2 | the taxable year,
as described by subsection (1) of Section | ||||||
| 3 | 409 of the Illinois Insurance Code.
This paragraph will in | ||||||
| 4 | no event increase the rates imposed under subsections
(b) | ||||||
| 5 | and (d). | ||||||
| 6 | (2) Any reduction in the rates of tax imposed by this | ||||||
| 7 | subsection shall be
applied first against the rates imposed | ||||||
| 8 | by subsection (b) and only after the
tax imposed by | ||||||
| 9 | subsection (a) net of all credits allowed under this | ||||||
| 10 | Section
other than the credit allowed under subsection (i) | ||||||
| 11 | has been reduced to zero,
against the rates imposed by | ||||||
| 12 | subsection (d). | ||||||
| 13 | This subsection (d-1) is exempt from the provisions of | ||||||
| 14 | Section 250. | ||||||
| 15 | (e) Investment credit. A taxpayer shall be allowed a credit
| ||||||
| 16 | against the Personal Property Tax Replacement Income Tax for
| ||||||
| 17 | investment in qualified property. | ||||||
| 18 | (1) A taxpayer shall be allowed a credit equal to .5% | ||||||
| 19 | of
the basis of qualified property placed in service during | ||||||
| 20 | the taxable year,
provided such property is placed in | ||||||
| 21 | service on or after
July 1, 1984. There shall be allowed an | ||||||
| 22 | additional credit equal
to .5% of the basis of qualified | ||||||
| 23 | property placed in service during the
taxable year, | ||||||
| 24 | provided such property is placed in service on or
after | ||||||
| 25 | July 1, 1986, and the taxpayer's base employment
within | ||||||
| 26 | Illinois has increased by 1% or more over the preceding | ||||||
| |||||||
| |||||||
| 1 | year as
determined by the taxpayer's employment records | ||||||
| 2 | filed with the
Illinois Department of Employment Security. | ||||||
| 3 | Taxpayers who are new to
Illinois shall be deemed to have | ||||||
| 4 | met the 1% growth in base employment for
the first year in | ||||||
| 5 | which they file employment records with the Illinois
| ||||||
| 6 | Department of Employment Security. The provisions added to | ||||||
| 7 | this Section by
Public Act 85-1200 (and restored by Public | ||||||
| 8 | Act 87-895) shall be
construed as declaratory of existing | ||||||
| 9 | law and not as a new enactment. If,
in any year, the | ||||||
| 10 | increase in base employment within Illinois over the
| ||||||
| 11 | preceding year is less than 1%, the additional credit shall | ||||||
| 12 | be limited to that
percentage times a fraction, the | ||||||
| 13 | numerator of which is .5% and the denominator
of which is | ||||||
| 14 | 1%, but shall not exceed .5%. The investment credit shall | ||||||
| 15 | not be
allowed to the extent that it would reduce a | ||||||
| 16 | taxpayer's liability in any tax
year below zero, nor may | ||||||
| 17 | any credit for qualified property be allowed for any
year | ||||||
| 18 | other than the year in which the property was placed in | ||||||
| 19 | service in
Illinois. For tax years ending on or after | ||||||
| 20 | December 31, 1987, and on or
before December 31, 1988, the | ||||||
| 21 | credit shall be allowed for the tax year in
which the | ||||||
| 22 | property is placed in service, or, if the amount of the | ||||||
| 23 | credit
exceeds the tax liability for that year, whether it | ||||||
| 24 | exceeds the original
liability or the liability as later | ||||||
| 25 | amended, such excess may be carried
forward and applied to | ||||||
| 26 | the tax liability of the 5 taxable years following
the | ||||||
| |||||||
| |||||||
| 1 | excess credit years if the taxpayer (i) makes investments | ||||||
| 2 | which cause
the creation of a minimum of 2,000 full-time | ||||||
| 3 | equivalent jobs in Illinois,
(ii) is located in an | ||||||
| 4 | enterprise zone established pursuant to the Illinois
| ||||||
| 5 | Enterprise Zone Act and (iii) is certified by the | ||||||
| 6 | Department of Commerce
and Community Affairs (now | ||||||
| 7 | Department of Commerce and Economic Opportunity) as | ||||||
| 8 | complying with the requirements specified in
clause (i) and | ||||||
| 9 | (ii) by July 1, 1986. The Department of Commerce and
| ||||||
| 10 | Community Affairs (now Department of Commerce and Economic | ||||||
| 11 | Opportunity) shall notify the Department of Revenue of all | ||||||
| 12 | such
certifications immediately. For tax years ending | ||||||
| 13 | after December 31, 1988,
the credit shall be allowed for | ||||||
| 14 | the tax year in which the property is
placed in service, | ||||||
| 15 | or, if the amount of the credit exceeds the tax
liability | ||||||
| 16 | for that year, whether it exceeds the original liability or | ||||||
| 17 | the
liability as later amended, such excess may be carried | ||||||
| 18 | forward and applied
to the tax liability of the 5 taxable | ||||||
| 19 | years following the excess credit
years. The credit shall | ||||||
| 20 | be applied to the earliest year for which there is
a | ||||||
| 21 | liability. If there is credit from more than one tax year | ||||||
| 22 | that is
available to offset a liability, earlier credit | ||||||
| 23 | shall be applied first. | ||||||
| 24 | (2) The term "qualified property" means property | ||||||
| 25 | which: | ||||||
| 26 | (A) is tangible, whether new or used, including | ||||||
| |||||||
| |||||||
| 1 | buildings and structural
components of buildings and | ||||||
| 2 | signs that are real property, but not including
land or | ||||||
| 3 | improvements to real property that are not a structural | ||||||
| 4 | component of a
building such as landscaping, sewer | ||||||
| 5 | lines, local access roads, fencing, parking
lots, and | ||||||
| 6 | other appurtenances; | ||||||
| 7 | (B) is depreciable pursuant to Section 167 of the | ||||||
| 8 | Internal Revenue Code,
except that "3-year property" | ||||||
| 9 | as defined in Section 168(c)(2)(A) of that
Code is not | ||||||
| 10 | eligible for the credit provided by this subsection | ||||||
| 11 | (e); | ||||||
| 12 | (C) is acquired by purchase as defined in Section | ||||||
| 13 | 179(d) of
the Internal Revenue Code; | ||||||
| 14 | (D) is used in Illinois by a taxpayer who is | ||||||
| 15 | primarily engaged in
manufacturing, or in mining coal | ||||||
| 16 | or fluorite, or in retailing, or was placed in service | ||||||
| 17 | on or after July 1, 2006 in a River Edge Redevelopment | ||||||
| 18 | Zone established pursuant to the River Edge | ||||||
| 19 | Redevelopment Zone Act; and | ||||||
| 20 | (E) has not previously been used in Illinois in | ||||||
| 21 | such a manner and by
such a person as would qualify for | ||||||
| 22 | the credit provided by this subsection
(e) or | ||||||
| 23 | subsection (f). | ||||||
| 24 | (3) For purposes of this subsection (e), | ||||||
| 25 | "manufacturing" means
the material staging and production | ||||||
| 26 | of tangible personal property by
procedures commonly | ||||||
| |||||||
| |||||||
| 1 | regarded as manufacturing, processing, fabrication, or
| ||||||
| 2 | assembling which changes some existing material into new | ||||||
| 3 | shapes, new
qualities, or new combinations. For purposes of | ||||||
| 4 | this subsection
(e) the term "mining" shall have the same | ||||||
| 5 | meaning as the term "mining" in
Section 613(c) of the | ||||||
| 6 | Internal Revenue Code. For purposes of this subsection
(e), | ||||||
| 7 | the term "retailing" means the sale of tangible personal | ||||||
| 8 | property for use or consumption and not for resale, or
| ||||||
| 9 | services rendered in conjunction with the sale of tangible | ||||||
| 10 | personal property for use or consumption and not for | ||||||
| 11 | resale. For purposes of this subsection (e), "tangible | ||||||
| 12 | personal property" has the same meaning as when that term | ||||||
| 13 | is used in the Retailers' Occupation Tax Act, and, for | ||||||
| 14 | taxable years ending after December 31, 2008, does not | ||||||
| 15 | include the generation, transmission, or distribution of | ||||||
| 16 | electricity. | ||||||
| 17 | (4) The basis of qualified property shall be the basis
| ||||||
| 18 | used to compute the depreciation deduction for federal | ||||||
| 19 | income tax purposes. | ||||||
| 20 | (5) If the basis of the property for federal income tax | ||||||
| 21 | depreciation
purposes is increased after it has been placed | ||||||
| 22 | in service in Illinois by
the taxpayer, the amount of such | ||||||
| 23 | increase shall be deemed property placed
in service on the | ||||||
| 24 | date of such increase in basis. | ||||||
| 25 | (6) The term "placed in service" shall have the same
| ||||||
| 26 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
| |||||||
| |||||||
| 1 | (7) If during any taxable year, any property ceases to
| ||||||
| 2 | be qualified property in the hands of the taxpayer within | ||||||
| 3 | 48 months after
being placed in service, or the situs of | ||||||
| 4 | any qualified property is
moved outside Illinois within 48 | ||||||
| 5 | months after being placed in service, the
Personal Property | ||||||
| 6 | Tax Replacement Income Tax for such taxable year shall be
| ||||||
| 7 | increased. Such increase shall be determined by (i) | ||||||
| 8 | recomputing the
investment credit which would have been | ||||||
| 9 | allowed for the year in which
credit for such property was | ||||||
| 10 | originally allowed by eliminating such
property from such | ||||||
| 11 | computation and, (ii) subtracting such recomputed credit
| ||||||
| 12 | from the amount of credit previously allowed. For the | ||||||
| 13 | purposes of this
paragraph (7), a reduction of the basis of | ||||||
| 14 | qualified property resulting
from a redetermination of the | ||||||
| 15 | purchase price shall be deemed a disposition
of qualified | ||||||
| 16 | property to the extent of such reduction. | ||||||
| 17 | (8) Unless the investment credit is extended by law, | ||||||
| 18 | the
basis of qualified property shall not include costs | ||||||
| 19 | incurred after
December 31, 2018, except for costs incurred | ||||||
| 20 | pursuant to a binding
contract entered into on or before | ||||||
| 21 | December 31, 2018. | ||||||
| 22 | (9) Each taxable year ending before December 31, 2000, | ||||||
| 23 | a partnership may
elect to pass through to its
partners the | ||||||
| 24 | credits to which the partnership is entitled under this | ||||||
| 25 | subsection
(e) for the taxable year. A partner may use the | ||||||
| 26 | credit allocated to him or her
under this paragraph only | ||||||
| |||||||
| |||||||
| 1 | against the tax imposed in subsections (c) and (d) of
this | ||||||
| 2 | Section. If the partnership makes that election, those | ||||||
| 3 | credits shall be
allocated among the partners in the | ||||||
| 4 | partnership in accordance with the rules
set forth in | ||||||
| 5 | Section 704(b) of the Internal Revenue Code, and the rules
| ||||||
| 6 | promulgated under that Section, and the allocated amount of | ||||||
| 7 | the credits shall
be allowed to the partners for that | ||||||
| 8 | taxable year. The partnership shall make
this election on | ||||||
| 9 | its Personal Property Tax Replacement Income Tax return for
| ||||||
| 10 | that taxable year. The election to pass through the credits | ||||||
| 11 | shall be
irrevocable. | ||||||
| 12 | For taxable years ending on or after December 31, 2000, | ||||||
| 13 | a
partner that qualifies its
partnership for a subtraction | ||||||
| 14 | under subparagraph (I) of paragraph (2) of
subsection (d) | ||||||
| 15 | of Section 203 or a shareholder that qualifies a Subchapter | ||||||
| 16 | S
corporation for a subtraction under subparagraph (S) of | ||||||
| 17 | paragraph (2) of
subsection (b) of Section 203 shall be | ||||||
| 18 | allowed a credit under this subsection
(e) equal to its | ||||||
| 19 | share of the credit earned under this subsection (e) during
| ||||||
| 20 | the taxable year by the partnership or Subchapter S | ||||||
| 21 | corporation, determined in
accordance with the | ||||||
| 22 | determination of income and distributive share of
income | ||||||
| 23 | under Sections 702 and 704 and Subchapter S of the Internal | ||||||
| 24 | Revenue
Code. This paragraph is exempt from the provisions | ||||||
| 25 | of Section 250. | ||||||
| 26 | (f) Investment credit; Enterprise Zone; River Edge | ||||||
| |||||||
| |||||||
| 1 | Redevelopment Zone. | ||||||
| 2 | (1) A taxpayer shall be allowed a credit against the | ||||||
| 3 | tax imposed
by subsections (a) and (b) of this Section for | ||||||
| 4 | investment in qualified
property which is placed in service | ||||||
| 5 | in an Enterprise Zone created
pursuant to the Illinois | ||||||
| 6 | Enterprise Zone Act or, for property placed in service on | ||||||
| 7 | or after July 1, 2006, a River Edge Redevelopment Zone | ||||||
| 8 | established pursuant to the River Edge Redevelopment Zone | ||||||
| 9 | Act. For partners, shareholders
of Subchapter S | ||||||
| 10 | corporations, and owners of limited liability companies,
| ||||||
| 11 | if the liability company is treated as a partnership for | ||||||
| 12 | purposes of
federal and State income taxation, there shall | ||||||
| 13 | be allowed a credit under
this subsection (f) to be | ||||||
| 14 | determined in accordance with the determination
of income | ||||||
| 15 | and distributive share of income under Sections 702 and 704 | ||||||
| 16 | and
Subchapter S of the Internal Revenue Code. The credit | ||||||
| 17 | shall be .5% of the
basis for such property. The credit | ||||||
| 18 | shall be available only in the taxable
year in which the | ||||||
| 19 | property is placed in service in the Enterprise Zone or | ||||||
| 20 | River Edge Redevelopment Zone and
shall not be allowed to | ||||||
| 21 | the extent that it would reduce a taxpayer's
liability for | ||||||
| 22 | the tax imposed by subsections (a) and (b) of this Section | ||||||
| 23 | to
below zero. For tax years ending on or after December | ||||||
| 24 | 31, 1985, the credit
shall be allowed for the tax year in | ||||||
| 25 | which the property is placed in
service, or, if the amount | ||||||
| 26 | of the credit exceeds the tax liability for that
year, | ||||||
| |||||||
| |||||||
| 1 | whether it exceeds the original liability or the liability | ||||||
| 2 | as later
amended, such excess may be carried forward and | ||||||
| 3 | applied to the tax
liability of the 5 taxable years | ||||||
| 4 | following the excess credit year.
The credit shall be | ||||||
| 5 | applied to the earliest year for which there is a
| ||||||
| 6 | liability. If there is credit from more than one tax year | ||||||
| 7 | that is available
to offset a liability, the credit | ||||||
| 8 | accruing first in time shall be applied
first. | ||||||
| 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 | (f); | ||||||
| 17 | (C) is acquired by purchase as defined in Section | ||||||
| 18 | 179(d) of
the Internal Revenue Code; | ||||||
| 19 | (D) is used in the Enterprise Zone or River Edge | ||||||
| 20 | Redevelopment Zone by the taxpayer; and | ||||||
| 21 | (E) has not been previously used in Illinois in | ||||||
| 22 | such a manner and by
such a person as would qualify for | ||||||
| 23 | the credit provided by this subsection
(f) or | ||||||
| 24 | subsection (e). | ||||||
| 25 | (3) The basis of qualified property shall be the basis | ||||||
| 26 | used to compute
the depreciation deduction for federal | ||||||
| |||||||
| |||||||
| 1 | income tax purposes. | ||||||
| 2 | (4) If the basis of the property for federal income tax | ||||||
| 3 | depreciation
purposes is increased after it has been placed | ||||||
| 4 | in service in the Enterprise
Zone or River Edge | ||||||
| 5 | Redevelopment Zone by the taxpayer, the amount of such | ||||||
| 6 | increase shall be deemed property
placed in service on the | ||||||
| 7 | date of such increase in basis. | ||||||
| 8 | (5) The term "placed in service" shall have the same | ||||||
| 9 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
| 10 | (6) If during any taxable year, any property ceases to | ||||||
| 11 | be qualified
property in the hands of the taxpayer within | ||||||
| 12 | 48 months after being placed
in service, or the situs of | ||||||
| 13 | any qualified property is moved outside the
Enterprise Zone | ||||||
| 14 | or River Edge Redevelopment Zone within 48 months after | ||||||
| 15 | being placed in service, the tax
imposed under subsections | ||||||
| 16 | (a) and (b) of this Section for such taxable year
shall be | ||||||
| 17 | increased. Such increase shall be determined by (i) | ||||||
| 18 | recomputing
the investment credit which would have been | ||||||
| 19 | allowed for the year in which
credit for such property was | ||||||
| 20 | originally allowed by eliminating such
property from such | ||||||
| 21 | computation, and (ii) subtracting such recomputed credit
| ||||||
| 22 | from the amount of credit previously allowed. For the | ||||||
| 23 | purposes of this
paragraph (6), a reduction of the basis of | ||||||
| 24 | qualified property resulting
from a redetermination of the | ||||||
| 25 | purchase price shall be deemed a disposition
of qualified | ||||||
| 26 | property to the extent of such reduction. | ||||||
| |||||||
| |||||||
| 1 | (7) There shall be allowed an additional credit equal | ||||||
| 2 | to 0.5% of the basis of qualified property placed in | ||||||
| 3 | service during the taxable year in a River Edge | ||||||
| 4 | Redevelopment Zone, provided such property is placed in | ||||||
| 5 | service on or after July 1, 2006, and the taxpayer's base | ||||||
| 6 | employment within Illinois has increased by 1% or more over | ||||||
| 7 | the preceding year as determined by the taxpayer's | ||||||
| 8 | employment records filed with the Illinois Department of | ||||||
| 9 | Employment Security. Taxpayers who are new to Illinois | ||||||
| 10 | shall be deemed to have met the 1% growth in base | ||||||
| 11 | employment for the first year in which they file employment | ||||||
| 12 | records with the Illinois Department of Employment | ||||||
| 13 | Security. If, in any year, the increase in base employment | ||||||
| 14 | within Illinois over the preceding year is less than 1%, | ||||||
| 15 | the additional credit shall be limited to that percentage | ||||||
| 16 | times a fraction, the numerator of which is 0.5% and the | ||||||
| 17 | denominator of which is 1%, but shall not exceed 0.5%.
| ||||||
| 18 | (g) (Blank). | ||||||
| 19 | (h) Investment credit; High Impact Business. | ||||||
| 20 | (1) Subject to subsections (b) and (b-5) of Section
5.5 | ||||||
| 21 | of the Illinois Enterprise Zone Act, a taxpayer shall be | ||||||
| 22 | allowed a credit
against the tax imposed by subsections (a) | ||||||
| 23 | and (b) of this Section for
investment in qualified
| ||||||
| 24 | property which is placed in service by a Department of | ||||||
| 25 | Commerce and Economic Opportunity
designated High Impact | ||||||
| 26 | Business. The credit shall be .5% of the basis
for such | ||||||
| |||||||
| |||||||
| 1 | property. The credit shall not be available (i) until the | ||||||
| 2 | minimum
investments in qualified property set forth in | ||||||
| 3 | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
| ||||||
| 4 | Enterprise Zone Act have been satisfied
or (ii) until the | ||||||
| 5 | time authorized in subsection (b-5) of the Illinois
| ||||||
| 6 | Enterprise Zone Act for entities designated as High Impact | ||||||
| 7 | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and | ||||||
| 8 | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone | ||||||
| 9 | Act, and shall not be allowed to the extent that it would
| ||||||
| 10 | reduce a taxpayer's liability for the tax imposed by | ||||||
| 11 | subsections (a) and (b) of
this Section to below zero. The | ||||||
| 12 | credit applicable to such investments shall be
taken in the | ||||||
| 13 | taxable year in which such investments have been completed. | ||||||
| 14 | The
credit for additional investments beyond the minimum | ||||||
| 15 | investment by a designated
high impact business authorized | ||||||
| 16 | under subdivision (a)(3)(A) of Section 5.5 of
the Illinois | ||||||
| 17 | Enterprise Zone Act shall be available only in the taxable | ||||||
| 18 | year in
which the property is placed in service and shall | ||||||
| 19 | not be allowed to the extent
that it would reduce a | ||||||
| 20 | taxpayer's liability for the tax imposed by subsections
(a) | ||||||
| 21 | and (b) of this Section to below zero.
For tax years ending | ||||||
| 22 | on or after December 31, 1987, the credit shall be
allowed | ||||||
| 23 | for the tax year in which the property is placed in | ||||||
| 24 | service, or, if
the amount of the credit exceeds the tax | ||||||
| 25 | liability for that year, whether
it exceeds the original | ||||||
| 26 | liability or the liability as later amended, such
excess | ||||||
| |||||||
| |||||||
| 1 | may be carried forward and applied to the tax liability of | ||||||
| 2 | the 5
taxable years following the excess credit year. The | ||||||
| 3 | credit shall be
applied to the earliest year for which | ||||||
| 4 | there is a liability. If there is
credit from more than one | ||||||
| 5 | tax year that is available to offset a liability,
the | ||||||
| 6 | credit accruing first in time shall be applied first. | ||||||
| 7 | Changes made in this subdivision (h)(1) by Public Act | ||||||
| 8 | 88-670
restore changes made by Public Act 85-1182 and | ||||||
| 9 | reflect existing law. | ||||||
| 10 | (2) The term qualified property means property which: | ||||||
| 11 | (A) is tangible, whether new or used, including | ||||||
| 12 | buildings and
structural components of buildings; | ||||||
| 13 | (B) is depreciable pursuant to Section 167 of the | ||||||
| 14 | Internal Revenue
Code, except that "3-year property" | ||||||
| 15 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
| 16 | eligible for the credit provided by this subsection | ||||||
| 17 | (h); | ||||||
| 18 | (C) is acquired by purchase as defined in Section | ||||||
| 19 | 179(d) of the
Internal Revenue Code; and | ||||||
| 20 | (D) is not eligible for the Enterprise Zone | ||||||
| 21 | Investment Credit provided
by subsection (f) of this | ||||||
| 22 | Section. | ||||||
| 23 | (3) The basis of qualified property shall be the basis | ||||||
| 24 | used to compute
the depreciation deduction for federal | ||||||
| 25 | income tax purposes. | ||||||
| 26 | (4) If the basis of the property for federal income tax | ||||||
| |||||||
| |||||||
| 1 | depreciation
purposes is increased after it has been placed | ||||||
| 2 | in service in a federally
designated Foreign Trade Zone or | ||||||
| 3 | Sub-Zone located in Illinois by the taxpayer,
the amount of | ||||||
| 4 | such increase shall be deemed property placed in service on
| ||||||
| 5 | the date of such increase in basis. | ||||||
| 6 | (5) The term "placed in service" shall have the same | ||||||
| 7 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
| 8 | (6) If during any taxable year ending on or before | ||||||
| 9 | December 31, 1996,
any property ceases to be qualified
| ||||||
| 10 | property in the hands of the taxpayer within 48 months | ||||||
| 11 | after being placed
in service, or the situs of any | ||||||
| 12 | qualified property is moved outside
Illinois within 48 | ||||||
| 13 | months after being placed in service, the tax imposed
under | ||||||
| 14 | subsections (a) and (b) of this Section for such taxable | ||||||
| 15 | year shall
be increased. Such increase shall be determined | ||||||
| 16 | by (i) recomputing the
investment credit which would have | ||||||
| 17 | been allowed for the year in which
credit for such property | ||||||
| 18 | was originally allowed by eliminating such
property from | ||||||
| 19 | such computation, and (ii) subtracting such recomputed | ||||||
| 20 | credit
from the amount of credit previously allowed. For | ||||||
| 21 | the purposes of this
paragraph (6), a reduction of the | ||||||
| 22 | basis of qualified property resulting
from a | ||||||
| 23 | redetermination of the purchase price shall be deemed a | ||||||
| 24 | disposition
of qualified property to the extent of such | ||||||
| 25 | reduction. | ||||||
| 26 | (7) Beginning with tax years ending after December 31, | ||||||
| |||||||
| |||||||
| 1 | 1996, if a
taxpayer qualifies for the credit under this | ||||||
| 2 | subsection (h) and thereby is
granted a tax abatement and | ||||||
| 3 | the taxpayer relocates its entire facility in
violation of | ||||||
| 4 | the explicit terms and length of the contract under Section
| ||||||
| 5 | 18-183 of the Property Tax Code, the tax imposed under | ||||||
| 6 | subsections
(a) and (b) of this Section shall be increased | ||||||
| 7 | for the taxable year
in which the taxpayer relocated its | ||||||
| 8 | facility by an amount equal to the
amount of credit | ||||||
| 9 | received by the taxpayer under this subsection (h). | ||||||
| 10 | (i) Credit for Personal Property Tax Replacement Income | ||||||
| 11 | Tax.
For tax years ending prior to December 31, 2003, a credit | ||||||
| 12 | shall be allowed
against the tax imposed by
subsections (a) and | ||||||
| 13 | (b) of this Section for the tax imposed by subsections (c)
and | ||||||
| 14 | (d) of this Section. This credit shall be computed by | ||||||
| 15 | multiplying the tax
imposed by subsections (c) and (d) of this | ||||||
| 16 | Section by a fraction, the numerator
of which is base income | ||||||
| 17 | allocable to Illinois and the denominator of which is
Illinois | ||||||
| 18 | base income, and further multiplying the product by the tax | ||||||
| 19 | rate
imposed by subsections (a) and (b) of this Section. | ||||||
| 20 | Any credit earned on or after December 31, 1986 under
this | ||||||
| 21 | subsection which is unused in the year
the credit is computed | ||||||
| 22 | because it exceeds the tax liability imposed by
subsections (a) | ||||||
| 23 | and (b) for that year (whether it exceeds the original
| ||||||
| 24 | liability or the liability as later amended) may be carried | ||||||
| 25 | forward and
applied to the tax liability imposed by subsections | ||||||
| 26 | (a) and (b) of the 5
taxable years following the excess credit | ||||||
| |||||||
| |||||||
| 1 | year, provided that no credit may
be carried forward to any | ||||||
| 2 | year ending on or
after December 31, 2003. This credit shall be
| ||||||
| 3 | applied first to the earliest year for which there is a | ||||||
| 4 | liability. If
there is a credit under this subsection from more | ||||||
| 5 | than one tax year that is
available to offset a liability the | ||||||
| 6 | earliest credit arising under this
subsection shall be applied | ||||||
| 7 | first. | ||||||
| 8 | If, during any taxable year ending on or after December 31, | ||||||
| 9 | 1986, the
tax imposed by subsections (c) and (d) of this | ||||||
| 10 | Section for which a taxpayer
has claimed a credit under this | ||||||
| 11 | subsection (i) is reduced, the amount of
credit for such tax | ||||||
| 12 | shall also be reduced. Such reduction shall be
determined by | ||||||
| 13 | recomputing the credit to take into account the reduced tax
| ||||||
| 14 | imposed by subsections (c) and (d). If any portion of the
| ||||||
| 15 | reduced amount of credit has been carried to a different | ||||||
| 16 | taxable year, an
amended return shall be filed for such taxable | ||||||
| 17 | year to reduce the amount of
credit claimed. | ||||||
| 18 | (j) Training expense credit. Beginning with tax years | ||||||
| 19 | ending on or
after December 31, 1986 and prior to December 31, | ||||||
| 20 | 2003, a taxpayer shall be
allowed a credit against the
tax | ||||||
| 21 | imposed by subsections (a) and (b) under this Section
for all | ||||||
| 22 | amounts paid or accrued, on behalf of all persons
employed by | ||||||
| 23 | the taxpayer in Illinois or Illinois residents employed
outside | ||||||
| 24 | of Illinois by a taxpayer, for educational or vocational | ||||||
| 25 | training in
semi-technical or technical fields or semi-skilled | ||||||
| 26 | or skilled fields, which
were deducted from gross income in the | ||||||
| |||||||
| |||||||
| 1 | computation of taxable income. The
credit against the tax | ||||||
| 2 | imposed by subsections (a) and (b) shall be 1.6% of
such | ||||||
| 3 | training expenses. For partners, shareholders of subchapter S
| ||||||
| 4 | corporations, and owners of limited liability companies, if the | ||||||
| 5 | liability
company is treated as a partnership for purposes of | ||||||
| 6 | federal and State income
taxation, there shall be allowed a | ||||||
| 7 | credit under this subsection (j) to be
determined in accordance | ||||||
| 8 | with the determination of income and distributive
share of | ||||||
| 9 | income under Sections 702 and 704 and subchapter S of the | ||||||
| 10 | Internal
Revenue Code. | ||||||
| 11 | Any credit allowed under this subsection which is unused in | ||||||
| 12 | the year
the credit is earned may be carried forward to each of | ||||||
| 13 | the 5 taxable
years following the year for which the credit is | ||||||
| 14 | first computed until it is
used. This credit shall be applied | ||||||
| 15 | first to the earliest year for which
there is a liability. If | ||||||
| 16 | there is a credit under this subsection from more
than one tax | ||||||
| 17 | year that is available to offset a liability the earliest
| ||||||
| 18 | credit arising under this subsection shall be applied first. No | ||||||
| 19 | carryforward
credit may be claimed in any tax year ending on or | ||||||
| 20 | after
December 31, 2003. | ||||||
| 21 | (k) Research and development credit. For tax years ending | ||||||
| 22 | after July 1, 1990 and prior to
December 31, 2003, and | ||||||
| 23 | beginning again for tax years ending on or after December 31, | ||||||
| 24 | 2004, and ending prior to January 1, 2016, a taxpayer shall be
| ||||||
| 25 | allowed a credit against the tax imposed by subsections (a) and | ||||||
| 26 | (b) of this
Section for increasing research activities in this | ||||||
| |||||||
| |||||||
| 1 | State. The credit
allowed against the tax imposed by | ||||||
| 2 | subsections (a) and (b) shall be equal
to 6 1/2% of the | ||||||
| 3 | qualifying expenditures for increasing research activities
in | ||||||
| 4 | this State. For partners, shareholders of subchapter S | ||||||
| 5 | corporations, and
owners of limited liability companies, if the | ||||||
| 6 | liability company is treated as a
partnership for purposes of | ||||||
| 7 | federal and State income taxation, there shall be
allowed a | ||||||
| 8 | credit under this subsection to be determined in accordance | ||||||
| 9 | with the
determination of income and distributive share of | ||||||
| 10 | income under Sections 702 and
704 and subchapter S of the | ||||||
| 11 | Internal Revenue Code. | ||||||
| 12 | For purposes of this subsection, "qualifying expenditures" | ||||||
| 13 | means the
qualifying expenditures as defined for the federal | ||||||
| 14 | credit for increasing
research activities which would be | ||||||
| 15 | allowable under Section 41 of the
Internal Revenue Code and | ||||||
| 16 | which are conducted in this State, "qualifying
expenditures for | ||||||
| 17 | increasing research activities in this State" means the
excess | ||||||
| 18 | of qualifying expenditures for the taxable year in which | ||||||
| 19 | incurred
over qualifying expenditures for the base period, | ||||||
| 20 | "qualifying expenditures
for the base period" means the average | ||||||
| 21 | of the qualifying expenditures for
each year in the base | ||||||
| 22 | period, and "base period" means the 3 taxable years
immediately | ||||||
| 23 | preceding the taxable year for which the determination is
being | ||||||
| 24 | made. | ||||||
| 25 | Any credit in excess of the tax liability for the taxable | ||||||
| 26 | year
may be carried forward. A taxpayer may elect to have the
| ||||||
| |||||||
| |||||||
| 1 | unused credit shown on its final completed return carried over | ||||||
| 2 | as a credit
against the tax liability for the following 5 | ||||||
| 3 | taxable years or until it has
been fully used, whichever occurs | ||||||
| 4 | first; provided that no credit earned in a tax year ending | ||||||
| 5 | prior to December 31, 2003 may be carried forward to any year | ||||||
| 6 | ending on or after December 31, 2003. | ||||||
| 7 | If an unused credit is carried forward to a given year from | ||||||
| 8 | 2 or more
earlier years, that credit arising in the earliest | ||||||
| 9 | year will be applied
first against the tax liability for the | ||||||
| 10 | given year. If a tax liability for
the given year still | ||||||
| 11 | remains, the credit from the next earliest year will
then be | ||||||
| 12 | applied, and so on, until all credits have been used or no tax
| ||||||
| 13 | liability for the given year remains. Any remaining unused | ||||||
| 14 | credit or
credits then will be carried forward to the next | ||||||
| 15 | following year in which a
tax liability is incurred, except | ||||||
| 16 | that no credit can be carried forward to
a year which is more | ||||||
| 17 | than 5 years after the year in which the expense for
which the | ||||||
| 18 | credit is given was incurred. | ||||||
| 19 | No inference shall be drawn from this amendatory Act of the | ||||||
| 20 | 91st General
Assembly in construing this Section for taxable | ||||||
| 21 | years beginning before January
1, 1999. | ||||||
| 22 | (l) Environmental Remediation Tax Credit. | ||||||
| 23 | (i) For tax years ending after December 31, 1997 and on | ||||||
| 24 | or before
December 31, 2001, a taxpayer shall be allowed a | ||||||
| 25 | credit against the tax
imposed by subsections (a) and (b) | ||||||
| 26 | of this Section for certain amounts paid
for unreimbursed | ||||||
| |||||||
| |||||||
| 1 | eligible remediation costs, as specified in this | ||||||
| 2 | subsection.
For purposes of this Section, "unreimbursed | ||||||
| 3 | eligible remediation costs" means
costs approved by the | ||||||
| 4 | Illinois Environmental Protection Agency ("Agency") under
| ||||||
| 5 | Section 58.14 of the Environmental Protection Act that were | ||||||
| 6 | paid in performing
environmental remediation at a site for | ||||||
| 7 | which a No Further Remediation Letter
was issued by the | ||||||
| 8 | Agency and recorded under Section 58.10 of the | ||||||
| 9 | Environmental
Protection Act. The credit must be claimed | ||||||
| 10 | for the taxable year in which
Agency approval of the | ||||||
| 11 | eligible remediation costs is granted. The credit is
not | ||||||
| 12 | available to any taxpayer if the taxpayer or any related | ||||||
| 13 | party caused or
contributed to, in any material respect, a | ||||||
| 14 | release of regulated substances on,
in, or under the site | ||||||
| 15 | that was identified and addressed by the remedial
action | ||||||
| 16 | pursuant to the Site Remediation Program of the | ||||||
| 17 | Environmental Protection
Act. After the Pollution Control | ||||||
| 18 | Board rules are adopted pursuant to the
Illinois | ||||||
| 19 | Administrative Procedure Act for the administration and | ||||||
| 20 | enforcement of
Section 58.9 of the Environmental | ||||||
| 21 | Protection Act, determinations as to credit
availability | ||||||
| 22 | for purposes of this Section shall be made consistent with | ||||||
| 23 | those
rules. For purposes of this Section, "taxpayer" | ||||||
| 24 | includes a person whose tax
attributes the taxpayer has | ||||||
| 25 | succeeded to under Section 381 of the Internal
Revenue Code | ||||||
| 26 | and "related party" includes the persons disallowed a | ||||||
| |||||||
| |||||||
| 1 | deduction
for losses by paragraphs (b), (c), and (f)(1) of | ||||||
| 2 | Section 267 of the Internal
Revenue Code by virtue of being | ||||||
| 3 | a related taxpayer, as well as any of its
partners. The | ||||||
| 4 | credit allowed against the tax imposed by subsections (a) | ||||||
| 5 | and
(b) shall be equal to 25% of the unreimbursed eligible | ||||||
| 6 | remediation costs in
excess of $100,000 per site, except | ||||||
| 7 | that the $100,000 threshold shall not apply
to any site | ||||||
| 8 | contained in an enterprise zone as determined by the | ||||||
| 9 | Department of
Commerce and Community Affairs (now | ||||||
| 10 | Department of Commerce and Economic Opportunity). The | ||||||
| 11 | total credit allowed shall not exceed
$40,000 per year with | ||||||
| 12 | a maximum total of $150,000 per site. For partners and
| ||||||
| 13 | shareholders of subchapter S corporations, there shall be | ||||||
| 14 | allowed a credit
under this subsection to be determined in | ||||||
| 15 | 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. | ||||||
| 18 | (ii) A credit allowed under this subsection that is | ||||||
| 19 | unused in the year
the credit is earned may be carried | ||||||
| 20 | forward to each of the 5 taxable years
following the year | ||||||
| 21 | for which the credit is first earned until it is used.
The | ||||||
| 22 | term "unused credit" does not include any amounts of | ||||||
| 23 | unreimbursed eligible
remediation costs in excess of the | ||||||
| 24 | maximum credit per site authorized under
paragraph (i). | ||||||
| 25 | This 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 to | ||||||
| 2 | offset a liability, the
earliest credit arising under this | ||||||
| 3 | subsection shall be applied first. A
credit allowed under | ||||||
| 4 | this subsection may be sold to a buyer as part of a sale
of | ||||||
| 5 | all or part of the remediation site for which the credit | ||||||
| 6 | was granted. The
purchaser of a remediation site and the | ||||||
| 7 | tax credit shall succeed to the unused
credit and remaining | ||||||
| 8 | carry-forward period of the seller. To perfect the
| ||||||
| 9 | transfer, the assignor shall record the transfer in the | ||||||
| 10 | chain of title for the
site and provide written notice to | ||||||
| 11 | the Director of the Illinois Department of
Revenue of the | ||||||
| 12 | 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 | (m) Education expense credit. Beginning with tax years | ||||||
| 21 | ending after
December 31, 1999, a taxpayer who
is the custodian | ||||||
| 22 | of one or more qualifying pupils shall be allowed a credit
| ||||||
| 23 | against the tax imposed by subsections (a) and (b) of this | ||||||
| 24 | Section for
qualified education expenses incurred on behalf of | ||||||
| 25 | the qualifying pupils.
The credit shall be equal to 25% of | ||||||
| 26 | qualified education expenses, but in no
event may the total | ||||||
| |||||||
| |||||||
| 1 | credit under this subsection claimed by a
family that is the
| ||||||
| 2 | custodian of qualifying pupils exceed $500. In no event shall a | ||||||
| 3 | credit under
this subsection reduce the taxpayer's liability | ||||||
| 4 | under this Act to less than
zero. This subsection is exempt | ||||||
| 5 | from the provisions of Section 250 of this
Act. | ||||||
| 6 | For purposes of this subsection: | ||||||
| 7 | "Qualifying pupils" means individuals who (i) are | ||||||
| 8 | residents of the State of
Illinois, (ii) are under the age of | ||||||
| 9 | 21 at the close of the school year for
which a credit is | ||||||
| 10 | sought, and (iii) during the school year for which a credit
is | ||||||
| 11 | sought were full-time pupils enrolled in a kindergarten through | ||||||
| 12 | twelfth
grade education program at any school, as defined in | ||||||
| 13 | this subsection. | ||||||
| 14 | "Qualified education expense" means the amount incurred
on | ||||||
| 15 | behalf of a qualifying pupil in excess of $250 for tuition, | ||||||
| 16 | book fees, and
lab fees at the school in which the pupil is | ||||||
| 17 | enrolled during the regular school
year. | ||||||
| 18 | "School" means any public or nonpublic elementary or | ||||||
| 19 | secondary school in
Illinois that is in compliance with Title | ||||||
| 20 | VI of the Civil Rights Act of 1964
and attendance at which | ||||||
| 21 | satisfies the requirements of Section 26-1 of the
School Code, | ||||||
| 22 | except that nothing shall be construed to require a child to
| ||||||
| 23 | attend any particular public or nonpublic school to qualify for | ||||||
| 24 | the credit
under this Section. | ||||||
| 25 | "Custodian" means, with respect to qualifying pupils, an | ||||||
| 26 | Illinois resident
who is a parent, the parents, a legal | ||||||
| |||||||
| |||||||
| 1 | guardian, or the legal guardians of the
qualifying pupils. | ||||||
| 2 | (n) River Edge Redevelopment Zone site remediation tax | ||||||
| 3 | credit.
| ||||||
| 4 | (i) For tax years ending on or after December 31, 2006, | ||||||
| 5 | a taxpayer shall be allowed a credit against the tax | ||||||
| 6 | imposed by subsections (a) and (b) of this Section for | ||||||
| 7 | certain amounts paid for unreimbursed eligible remediation | ||||||
| 8 | costs, as specified in this subsection. For purposes of | ||||||
| 9 | this Section, "unreimbursed eligible remediation costs" | ||||||
| 10 | means costs approved by the Illinois Environmental | ||||||
| 11 | Protection Agency ("Agency") under Section 58.14a of the | ||||||
| 12 | Environmental Protection Act that were paid in performing | ||||||
| 13 | environmental remediation at a site within a River Edge | ||||||
| 14 | Redevelopment Zone for which a No Further Remediation | ||||||
| 15 | Letter was issued by the Agency and recorded under Section | ||||||
| 16 | 58.10 of the Environmental Protection Act. The credit must | ||||||
| 17 | be claimed for the taxable year in which Agency approval of | ||||||
| 18 | the eligible remediation costs is granted. The credit is | ||||||
| 19 | not available to any taxpayer if the taxpayer or any | ||||||
| 20 | related party caused or contributed to, in any material | ||||||
| 21 | respect, a release of regulated substances on, in, or under | ||||||
| 22 | the site that was identified and addressed by the remedial | ||||||
| 23 | action pursuant to the Site Remediation Program of the | ||||||
| 24 | Environmental Protection Act. Determinations as to credit | ||||||
| 25 | availability for purposes of this Section shall be made | ||||||
| 26 | consistent with rules adopted by the Pollution Control | ||||||
| |||||||
| |||||||
| 1 | Board pursuant to the Illinois Administrative Procedure | ||||||
| 2 | Act for the administration and enforcement of Section 58.9 | ||||||
| 3 | of the Environmental Protection Act. For purposes of this | ||||||
| 4 | Section, "taxpayer" includes a person whose tax attributes | ||||||
| 5 | the taxpayer has succeeded to under Section 381 of the | ||||||
| 6 | Internal Revenue Code and "related party" includes the | ||||||
| 7 | persons disallowed a deduction for losses by paragraphs | ||||||
| 8 | (b), (c), and (f)(1) of Section 267 of the Internal Revenue | ||||||
| 9 | Code by virtue of being a related taxpayer, as well as any | ||||||
| 10 | of its partners. The credit allowed against the tax imposed | ||||||
| 11 | by subsections (a) and (b) shall be equal to 25% of the | ||||||
| 12 | unreimbursed eligible remediation costs in excess of | ||||||
| 13 | $100,000 per site. | ||||||
| 14 | (ii) A credit allowed under this subsection that is | ||||||
| 15 | unused in the year the credit is earned may be carried | ||||||
| 16 | forward to each of the 5 taxable years following the year | ||||||
| 17 | for which the credit is first earned until it is used. This | ||||||
| 18 | credit shall be applied first to the earliest year for | ||||||
| 19 | which there is a liability. If there is a credit under this | ||||||
| 20 | subsection from more than one tax year that is available to | ||||||
| 21 | offset a liability, the earliest credit arising under this | ||||||
| 22 | subsection shall be applied first. A credit allowed under | ||||||
| 23 | this subsection may be sold to a buyer as part of a sale of | ||||||
| 24 | all or part of the remediation site for which the credit | ||||||
| 25 | was granted. The purchaser of a remediation site and the | ||||||
| 26 | tax credit shall succeed to the unused credit and remaining | ||||||
| |||||||
| |||||||
| 1 | carry-forward period of the seller. To perfect the | ||||||
| 2 | transfer, the assignor shall record the transfer in the | ||||||
| 3 | chain of title for the site and provide written notice to | ||||||
| 4 | the Director of the Illinois Department of Revenue of the | ||||||
| 5 | assignor's intent to sell the remediation site and the | ||||||
| 6 | amount of the tax credit to be transferred as a portion of | ||||||
| 7 | the sale. In no event may a credit be transferred to any | ||||||
| 8 | taxpayer if the taxpayer or a related party would not be | ||||||
| 9 | eligible under the provisions of subsection (i). | ||||||
| 10 | (iii) For purposes of this Section, the term "site" | ||||||
| 11 | shall have the same meaning as under Section 58.2 of the | ||||||
| 12 | Environmental Protection Act. | ||||||
| 13 | (o) For each of taxable years during the Compassionate Use | ||||||
| 14 | of Medical Cannabis Pilot Program, a surcharge is imposed on | ||||||
| 15 | all taxpayers on income arising from the sale or exchange of | ||||||
| 16 | capital assets, depreciable business property, real property | ||||||
| 17 | used in the trade or business, and Section 197 intangibles of | ||||||
| 18 | an organization registrant under the Compassionate Use of | ||||||
| 19 | Medical Cannabis Pilot Program Act. The amount of the surcharge | ||||||
| 20 | is equal to the amount of federal income tax liability for the | ||||||
| 21 | taxable year attributable to those sales and exchanges. The | ||||||
| 22 | surcharge imposed does not apply if: | ||||||
| 23 | (1) the medical cannabis cultivation center | ||||||
| 24 | registration, medical cannabis dispensary registration, or | ||||||
| 25 | the property of a registration is transferred as a result | ||||||
| 26 | of any of the following: | ||||||
| |||||||
| |||||||
| 1 | (A) bankruptcy, a receivership, or a debt | ||||||
| 2 | adjustment initiated by or against the initial | ||||||
| 3 | registration or the substantial owners of the initial | ||||||
| 4 | registration; | ||||||
| 5 | (B) cancellation, revocation, or termination of | ||||||
| 6 | any registration by the Illinois Department of Public | ||||||
| 7 | Health; | ||||||
| 8 | (C) a determination by the Illinois Department of | ||||||
| 9 | Public Health that transfer of the registration is in | ||||||
| 10 | the best interests of Illinois qualifying patients as | ||||||
| 11 | defined by the Compassionate Use of Medical Cannabis | ||||||
| 12 | Pilot Program Act; | ||||||
| 13 | (D) the death of an owner of the equity interest in | ||||||
| 14 | a registrant; | ||||||
| 15 | (E) the acquisition of a controlling interest in | ||||||
| 16 | the stock or substantially all of the assets of a | ||||||
| 17 | publicly traded company; | ||||||
| 18 | (F) a transfer by a parent company to a wholly | ||||||
| 19 | owned subsidiary; or | ||||||
| 20 | (G) the transfer or sale to or by one person to | ||||||
| 21 | another person where both persons were initial owners | ||||||
| 22 | of the registration when the registration was issued; | ||||||
| 23 | or | ||||||
| 24 | (2) the cannabis cultivation center registration, | ||||||
| 25 | medical cannabis dispensary registration, or the | ||||||
| 26 | controlling interest in a registrant's property is | ||||||
| |||||||
| |||||||
| 1 | transferred in a transaction to lineal descendants in which | ||||||
| 2 | no gain or loss is recognized or as a result of a | ||||||
| 3 | transaction in accordance with Section 351 of the Internal | ||||||
| 4 | Revenue Code in which no gain or loss is recognized. | ||||||
| 5 | (Source: P.A. 97-2, eff. 5-6-11; 97-636, eff. 6-1-12; 97-905, | ||||||
| 6 | eff. 8-7-12; 98-109, eff. 7-25-13; 98-122, eff. 1-1-14; revised | ||||||
| 7 | 8-9-13.)
| ||||||
| 8 | (35 ILCS 5/304) (from Ch. 120, par. 3-304)
| ||||||
| 9 | Sec. 304. Business income of persons other than residents.
| ||||||
| 10 | (a) In general. The business income of a person other than | ||||||
| 11 | a
resident shall be allocated to this State if such person's | ||||||
| 12 | business
income is derived solely from this State. If a person | ||||||
| 13 | other than a
resident derives business income from this State | ||||||
| 14 | and one or more other
states, then, for tax years ending on or | ||||||
| 15 | before December 30, 1998, and
except as otherwise provided by | ||||||
| 16 | this Section, such
person's business income shall be | ||||||
| 17 | apportioned to this State by
multiplying the income by a | ||||||
| 18 | fraction, the numerator of which is the sum
of the property | ||||||
| 19 | factor (if any), the payroll factor (if any) and 200% of the
| ||||||
| 20 | sales factor (if any), and the denominator of which is 4 | ||||||
| 21 | reduced by the
number of factors other than the sales factor | ||||||
| 22 | which have a denominator
of zero and by an additional 2 if the | ||||||
| 23 | sales factor has a denominator of zero.
For tax years ending on | ||||||
| 24 | or after December 31, 1998, and except as otherwise
provided by | ||||||
| 25 | this Section, persons other than
residents who derive business | ||||||
| |||||||
| |||||||
| 1 | income from this State and one or more other
states shall | ||||||
| 2 | compute their apportionment factor by weighting their | ||||||
| 3 | property,
payroll, and sales factors as provided in
subsection | ||||||
| 4 | (h) of this Section.
| ||||||
| 5 | (1) Property factor.
| ||||||
| 6 | (A) The property factor is a fraction, the numerator of | ||||||
| 7 | which is the
average value of the person's real and | ||||||
| 8 | tangible personal property owned
or rented and used in the | ||||||
| 9 | trade or business in this State during the
taxable year and | ||||||
| 10 | the denominator of which is the average value of all
the | ||||||
| 11 | person's real and tangible personal property owned or | ||||||
| 12 | rented and
used in the trade or business during the taxable | ||||||
| 13 | year.
| ||||||
| 14 | (B) Property owned by the person is valued at its | ||||||
| 15 | original cost.
Property rented by the person is valued at 8 | ||||||
| 16 | times the net annual rental
rate. Net annual rental rate is | ||||||
| 17 | the annual rental rate paid by the
person less any annual | ||||||
| 18 | rental rate received by the person from
sub-rentals.
| ||||||
| 19 | (C) The average value of property shall be determined | ||||||
| 20 | by averaging
the values at the beginning and ending of the | ||||||
| 21 | taxable year but the
Director may require the averaging of | ||||||
| 22 | monthly values during the taxable
year if reasonably | ||||||
| 23 | required to reflect properly the average value of the
| ||||||
| 24 | person's property.
| ||||||
| 25 | (2) Payroll factor.
| ||||||
| 26 | (A) The payroll factor is a fraction, the numerator of | ||||||
| |||||||
| |||||||
| 1 | which is the
total amount paid in this State during the | ||||||
| 2 | taxable year by the person
for compensation, and the | ||||||
| 3 | denominator of which is the total compensation
paid | ||||||
| 4 | everywhere during the taxable year.
| ||||||
| 5 | (B) Compensation is paid in this State if:
| ||||||
| 6 | (i) The individual's service is performed entirely | ||||||
| 7 | within this
State;
| ||||||
| 8 | (ii) The individual's service is performed both | ||||||
| 9 | within and without
this State, but the service | ||||||
| 10 | performed without this State is incidental
to the | ||||||
| 11 | individual's service performed within this State; or
| ||||||
| 12 | (iii) Some of the service is performed within this | ||||||
| 13 | State and either
the base of operations, or if there is | ||||||
| 14 | no base of operations, the place
from which the service | ||||||
| 15 | is directed or controlled is within this State,
or the | ||||||
| 16 | base of operations or the place from which the service | ||||||
| 17 | is
directed or controlled is not in any state in which | ||||||
| 18 | some part of the
service is performed, but the | ||||||
| 19 | individual's residence is in this State.
| ||||||
| 20 | (iv) Compensation paid to nonresident professional | ||||||
| 21 | athletes. | ||||||
| 22 | (a) General. The Illinois source income of a | ||||||
| 23 | nonresident individual who is a member of a | ||||||
| 24 | professional athletic team includes the portion of the | ||||||
| 25 | individual's total compensation for services performed | ||||||
| 26 | as a member of a professional athletic team during the | ||||||
| |||||||
| |||||||
| 1 | taxable year which the number of duty days spent within | ||||||
| 2 | this State performing services for the team in any | ||||||
| 3 | manner during the taxable year bears to the total | ||||||
| 4 | number of duty days spent both within and without this | ||||||
| 5 | State during the taxable year. | ||||||
| 6 | (b) Travel days. Travel days that do not involve | ||||||
| 7 | either a game, practice, team meeting, or other similar | ||||||
| 8 | team event are not considered duty days spent in this | ||||||
| 9 | State. However, such travel days are considered in the | ||||||
| 10 | total duty days spent both within and without this | ||||||
| 11 | State. | ||||||
| 12 | (c) Definitions. For purposes of this subpart | ||||||
| 13 | (iv): | ||||||
| 14 | (1) The term "professional athletic team" | ||||||
| 15 | includes, but is not limited to, any professional | ||||||
| 16 | baseball, basketball, football, soccer, or hockey | ||||||
| 17 | team. | ||||||
| 18 | (2) The term "member of a professional | ||||||
| 19 | athletic team" includes those employees who are | ||||||
| 20 | active players, players on the disabled list, and | ||||||
| 21 | any other persons required to travel and who travel | ||||||
| 22 | with and perform services on behalf of a | ||||||
| 23 | professional athletic team on a regular basis. | ||||||
| 24 | This includes, but is not limited to, coaches, | ||||||
| 25 | managers, and trainers. | ||||||
| 26 | (3) Except as provided in items (C) and (D) of | ||||||
| |||||||
| |||||||
| 1 | this subpart (3), the term "duty days" means all | ||||||
| 2 | days during the taxable year from the beginning of | ||||||
| 3 | the professional athletic team's official | ||||||
| 4 | pre-season training period through the last game | ||||||
| 5 | in which the team competes or is scheduled to | ||||||
| 6 | compete. Duty days shall be counted for the year in | ||||||
| 7 | which they occur, including where a team's | ||||||
| 8 | official pre-season training period through the | ||||||
| 9 | last game in which the team competes or is | ||||||
| 10 | scheduled to compete, occurs during more than one | ||||||
| 11 | tax year. | ||||||
| 12 | (A) Duty days shall also include days on | ||||||
| 13 | which a member of a professional athletic team | ||||||
| 14 | performs service for a team on a date that does | ||||||
| 15 | not fall within the foregoing period (e.g., | ||||||
| 16 | participation in instructional leagues, the | ||||||
| 17 | "All Star Game", or promotional "caravans"). | ||||||
| 18 | Performing a service for a professional | ||||||
| 19 | athletic team includes conducting training and | ||||||
| 20 | rehabilitation activities, when such | ||||||
| 21 | activities are conducted at team facilities. | ||||||
| 22 | (B) Also included in duty days are game | ||||||
| 23 | days, practice days, days spent at team | ||||||
| 24 | meetings, promotional caravans, preseason | ||||||
| 25 | training camps, and days served with the team | ||||||
| 26 | through all post-season games in which the team | ||||||
| |||||||
| |||||||
| 1 | competes or is scheduled to compete. | ||||||
| 2 | (C) Duty days for any person who joins a | ||||||
| 3 | team during the period from the beginning of | ||||||
| 4 | the professional athletic team's official | ||||||
| 5 | pre-season training period through the last | ||||||
| 6 | game in which the team competes, or is | ||||||
| 7 | scheduled to compete, shall begin on the day | ||||||
| 8 | that person joins the team. Conversely, duty | ||||||
| 9 | days for any person who leaves a team during | ||||||
| 10 | this period shall end on the day that person | ||||||
| 11 | leaves the team. Where a person switches teams | ||||||
| 12 | during a taxable year, a separate duty-day | ||||||
| 13 | calculation shall be made for the period the | ||||||
| 14 | person was with each team. | ||||||
| 15 | (D) Days for which a member of a | ||||||
| 16 | professional athletic team is not compensated | ||||||
| 17 | and is not performing services for the team in | ||||||
| 18 | any manner, including days when such member of | ||||||
| 19 | a professional athletic team has been | ||||||
| 20 | suspended without pay and prohibited from | ||||||
| 21 | performing any services for the team, shall not | ||||||
| 22 | be treated as duty days. | ||||||
| 23 | (E) Days for which a member of a | ||||||
| 24 | professional athletic team is on the disabled | ||||||
| 25 | list and does not conduct rehabilitation | ||||||
| 26 | activities at facilities of the team, and is | ||||||
| |||||||
| |||||||
| 1 | not otherwise performing services for the team | ||||||
| 2 | in Illinois, shall not be considered duty days | ||||||
| 3 | spent in this State. All days on the disabled | ||||||
| 4 | list, however, are considered to be included in | ||||||
| 5 | total duty days spent both within and without | ||||||
| 6 | this State. | ||||||
| 7 | (4) The term "total compensation for services | ||||||
| 8 | performed as a member of a professional athletic | ||||||
| 9 | team" means the total compensation received during | ||||||
| 10 | the taxable year for services performed: | ||||||
| 11 | (A) from the beginning of the official | ||||||
| 12 | pre-season training period through the last | ||||||
| 13 | game in which the team competes or is scheduled | ||||||
| 14 | to compete during that taxable year; and | ||||||
| 15 | (B) during the taxable year on a date which | ||||||
| 16 | does not fall within the foregoing period | ||||||
| 17 | (e.g., participation in instructional leagues, | ||||||
| 18 | the "All Star Game", or promotional caravans). | ||||||
| 19 | This compensation shall include, but is not | ||||||
| 20 | limited to, salaries, wages, bonuses as described | ||||||
| 21 | in this subpart, and any other type of compensation | ||||||
| 22 | paid during the taxable year to a member of a | ||||||
| 23 | professional athletic team for services performed | ||||||
| 24 | in that year. This compensation does not include | ||||||
| 25 | strike benefits, severance pay, termination pay, | ||||||
| 26 | contract or option year buy-out payments, | ||||||
| |||||||
| |||||||
| 1 | expansion or relocation payments, or any other | ||||||
| 2 | payments not related to services performed for the | ||||||
| 3 | team. | ||||||
| 4 | For purposes of this subparagraph, "bonuses" | ||||||
| 5 | included in "total compensation for services | ||||||
| 6 | performed as a member of a professional athletic | ||||||
| 7 | team" subject to the allocation described in | ||||||
| 8 | Section 302(c)(1) are: bonuses earned as a result | ||||||
| 9 | of play (i.e., performance bonuses) during the | ||||||
| 10 | season, including bonuses paid for championship, | ||||||
| 11 | playoff or "bowl" games played by a team, or for | ||||||
| 12 | selection to all-star league or other honorary | ||||||
| 13 | positions; and bonuses paid for signing a | ||||||
| 14 | contract, unless the payment of the signing bonus | ||||||
| 15 | is not conditional upon the signee playing any | ||||||
| 16 | games for the team or performing any subsequent | ||||||
| 17 | services for the team or even making the team, the | ||||||
| 18 | signing bonus is payable separately from the | ||||||
| 19 | salary and any other compensation, and the signing | ||||||
| 20 | bonus is nonrefundable.
| ||||||
| 21 | (3) Sales factor.
| ||||||
| 22 | (A) The sales factor is a fraction, the numerator of | ||||||
| 23 | which is the
total sales of the person in this State during | ||||||
| 24 | the taxable year, and the
denominator of which is the total | ||||||
| 25 | sales of the person everywhere during
the taxable year.
| ||||||
| 26 | (B) Sales of tangible personal property are in this | ||||||
| |||||||
| |||||||
| 1 | State if:
| ||||||
| 2 | (i) The property is delivered or shipped to a | ||||||
| 3 | purchaser, other than
the United States government, | ||||||
| 4 | within this State regardless of the f. o.
b. point or | ||||||
| 5 | other conditions of the sale; or
| ||||||
| 6 | (ii) The property is shipped from an office, store, | ||||||
| 7 | warehouse,
factory or other place of storage in this | ||||||
| 8 | State and either the purchaser
is the United States | ||||||
| 9 | government or the person is not taxable in the
state of | ||||||
| 10 | the purchaser; provided, however, that premises owned | ||||||
| 11 | or leased
by a person who has independently contracted | ||||||
| 12 | with the seller for the printing
of newspapers, | ||||||
| 13 | periodicals or books shall not be deemed to be an | ||||||
| 14 | office,
store, warehouse, factory or other place of | ||||||
| 15 | storage for purposes of this
Section.
Sales of tangible | ||||||
| 16 | personal property are not in this State if the
seller | ||||||
| 17 | and purchaser would be members of the same unitary | ||||||
| 18 | business group
but for the fact that either the seller | ||||||
| 19 | or purchaser is a person with 80%
or more of total | ||||||
| 20 | business activity outside of the United States and the
| ||||||
| 21 | property is purchased for resale.
| ||||||
| 22 | (B-1) Patents, copyrights, trademarks, and similar | ||||||
| 23 | items of intangible
personal property.
| ||||||
| 24 | (i) Gross receipts from the licensing, sale, or | ||||||
| 25 | other disposition of a
patent, copyright, trademark, | ||||||
| 26 | or similar item of intangible personal property, other | ||||||
| |||||||
| |||||||
| 1 | than gross receipts governed by paragraph (B-7) of this | ||||||
| 2 | item (3),
are in this State to the extent the item is | ||||||
| 3 | utilized in this State during the
year the gross | ||||||
| 4 | receipts are included in gross income.
| ||||||
| 5 | (ii) Place of utilization.
| ||||||
| 6 | (I) A patent is utilized in a state to the | ||||||
| 7 | extent that it is employed
in production, | ||||||
| 8 | fabrication, manufacturing, or other processing in | ||||||
| 9 | the state or
to the extent that a patented product | ||||||
| 10 | is produced in the state. If a patent is
utilized | ||||||
| 11 | in
more than one state, the extent to which it is | ||||||
| 12 | utilized in any one state shall
be a fraction equal | ||||||
| 13 | to the gross receipts of the licensee or purchaser | ||||||
| 14 | from
sales or leases of items produced, | ||||||
| 15 | fabricated, manufactured, or processed
within that | ||||||
| 16 | state using the patent and of patented items | ||||||
| 17 | produced within that
state, divided by the total of | ||||||
| 18 | such gross receipts for all states in which the
| ||||||
| 19 | patent is utilized.
| ||||||
| 20 | (II) A copyright is utilized in a state to the | ||||||
| 21 | extent that printing or
other publication | ||||||
| 22 | originates in the state. If a copyright is utilized | ||||||
| 23 | in more
than one state, the extent to which it is | ||||||
| 24 | utilized in any one state shall be a
fraction equal | ||||||
| 25 | to the gross receipts from sales or licenses of | ||||||
| 26 | materials
printed or published in that state | ||||||
| |||||||
| |||||||
| 1 | divided by the total of such gross receipts
for all | ||||||
| 2 | states in which the copyright is utilized.
| ||||||
| 3 | (III) Trademarks and other items of intangible | ||||||
| 4 | personal property
governed by this paragraph (B-1) | ||||||
| 5 | are utilized in the state in which the
commercial | ||||||
| 6 | domicile of the licensee or purchaser is located.
| ||||||
| 7 | (iii) If the state of utilization of an item of | ||||||
| 8 | property governed by
this paragraph (B-1) cannot be | ||||||
| 9 | determined from the taxpayer's books and
records or | ||||||
| 10 | from the books and records of any person related to the | ||||||
| 11 | taxpayer
within the meaning of Section 267(b) of the | ||||||
| 12 | Internal Revenue Code, 26 U.S.C.
267, the gross
| ||||||
| 13 | receipts attributable to that item shall be excluded | ||||||
| 14 | from both the numerator
and the denominator of the | ||||||
| 15 | sales factor.
| ||||||
| 16 | (B-2) Gross receipts from the license, sale, or other | ||||||
| 17 | disposition of
patents, copyrights, trademarks, and | ||||||
| 18 | similar items of intangible personal
property, other than | ||||||
| 19 | gross receipts governed by paragraph (B-7) of this item | ||||||
| 20 | (3), may be included in the numerator or denominator of the | ||||||
| 21 | sales factor
only if gross receipts from licenses, sales, | ||||||
| 22 | or other disposition of such items
comprise more than 50% | ||||||
| 23 | of the taxpayer's total gross receipts included in gross
| ||||||
| 24 | income during the tax year and during each of the 2 | ||||||
| 25 | immediately preceding tax
years; provided that, when a | ||||||
| 26 | taxpayer is a member of a unitary business group,
such | ||||||
| |||||||
| |||||||
| 1 | determination shall be made on the basis of the gross | ||||||
| 2 | receipts of the
entire unitary business group.
| ||||||
| 3 | (B-5) For taxable years ending on or after December 31, | ||||||
| 4 | 2008, except as provided in subsections (ii) through (vii), | ||||||
| 5 | receipts from the sale of telecommunications service or | ||||||
| 6 | mobile telecommunications service are in this State if the | ||||||
| 7 | customer's service address is in this State. | ||||||
| 8 | (i) For purposes of this subparagraph (B-5), the | ||||||
| 9 | following terms have the following meanings: | ||||||
| 10 | "Ancillary services" means services that are | ||||||
| 11 | associated with or incidental to the provision of | ||||||
| 12 | "telecommunications services", including but not | ||||||
| 13 | limited to "detailed telecommunications billing", | ||||||
| 14 | "directory assistance", "vertical service", and "voice | ||||||
| 15 | mail services". | ||||||
| 16 | "Air-to-Ground Radiotelephone service" means a | ||||||
| 17 | radio service, as that term is defined in 47 CFR 22.99, | ||||||
| 18 | in which common carriers are authorized to offer and | ||||||
| 19 | provide radio telecommunications service for hire to | ||||||
| 20 | subscribers in aircraft. | ||||||
| 21 | "Call-by-call Basis" means any method of charging | ||||||
| 22 | for telecommunications services where the price is | ||||||
| 23 | measured by individual calls. | ||||||
| 24 | "Communications Channel" means a physical or | ||||||
| 25 | virtual path of communications over which signals are | ||||||
| 26 | transmitted between or among customer channel | ||||||
| |||||||
| |||||||
| 1 | termination points. | ||||||
| 2 | "Conference bridging service" means an "ancillary | ||||||
| 3 | service" that links two or more participants of an | ||||||
| 4 | audio or video conference call and may include the | ||||||
| 5 | provision of a telephone number. "Conference bridging | ||||||
| 6 | service" does not include the "telecommunications | ||||||
| 7 | services" used to reach the conference bridge. | ||||||
| 8 | "Customer Channel Termination Point" means the | ||||||
| 9 | location where the customer either inputs or receives | ||||||
| 10 | the communications. | ||||||
| 11 | "Detailed telecommunications billing service" | ||||||
| 12 | means an "ancillary service" of separately stating | ||||||
| 13 | information pertaining to individual calls on a | ||||||
| 14 | customer's billing statement. | ||||||
| 15 | "Directory assistance" means an "ancillary | ||||||
| 16 | service" of providing telephone number information, | ||||||
| 17 | and/or address information. | ||||||
| 18 | "Home service provider" means the facilities based | ||||||
| 19 | carrier or reseller with which the customer contracts | ||||||
| 20 | for the provision of mobile telecommunications | ||||||
| 21 | services. | ||||||
| 22 | "Mobile telecommunications service" means | ||||||
| 23 | commercial mobile radio service, as defined in Section | ||||||
| 24 | 20.3 of Title 47 of the Code of Federal Regulations as | ||||||
| 25 | in effect on June 1, 1999. | ||||||
| 26 | "Place of primary use" means the street address | ||||||
| |||||||
| |||||||
| 1 | representative of where the customer's use of the | ||||||
| 2 | telecommunications service primarily occurs, which | ||||||
| 3 | must be the residential street address or the primary | ||||||
| 4 | business street address of the customer. In the case of | ||||||
| 5 | mobile telecommunications services, "place of primary | ||||||
| 6 | use" must be within the licensed service area of the | ||||||
| 7 | home service provider. | ||||||
| 8 | "Post-paid telecommunication service" means the | ||||||
| 9 | telecommunications service obtained by making a | ||||||
| 10 | payment on a call-by-call basis either through the use | ||||||
| 11 | of a credit card or payment mechanism such as a bank | ||||||
| 12 | card, travel card, credit card, or debit card, or by | ||||||
| 13 | charge made to a telephone number which is not | ||||||
| 14 | associated with the origination or termination of the | ||||||
| 15 | telecommunications service. A post-paid calling | ||||||
| 16 | service includes telecommunications service, except a | ||||||
| 17 | prepaid wireless calling service, that would be a | ||||||
| 18 | prepaid calling service except it is not exclusively a | ||||||
| 19 | telecommunication service. | ||||||
| 20 | "Prepaid telecommunication service" means the | ||||||
| 21 | right to access exclusively telecommunications | ||||||
| 22 | services, which must be paid for in advance and which | ||||||
| 23 | enables the origination of calls using an access number | ||||||
| 24 | or authorization code, whether manually or | ||||||
| 25 | electronically dialed, and that is sold in | ||||||
| 26 | predetermined units or dollars of which the number | ||||||
| |||||||
| |||||||
| 1 | declines with use in a known amount. | ||||||
| 2 | "Prepaid Mobile telecommunication service" means a | ||||||
| 3 | telecommunications service that provides the right to | ||||||
| 4 | utilize mobile wireless service as well as other | ||||||
| 5 | non-telecommunication services, including but not | ||||||
| 6 | limited to ancillary services, which must be paid for | ||||||
| 7 | in advance that is sold in predetermined units or | ||||||
| 8 | dollars of which the number declines with use in a | ||||||
| 9 | known amount. | ||||||
| 10 | "Private communication service" means a | ||||||
| 11 | telecommunication service that entitles the customer | ||||||
| 12 | to exclusive or priority use of a communications | ||||||
| 13 | channel or group of channels between or among | ||||||
| 14 | termination points, regardless of the manner in which | ||||||
| 15 | such channel or channels are connected, and includes | ||||||
| 16 | switching capacity, extension lines, stations, and any | ||||||
| 17 | other associated services that are provided in | ||||||
| 18 | connection with the use of such channel or channels. | ||||||
| 19 | "Service address" means: | ||||||
| 20 | (a) The location of the telecommunications | ||||||
| 21 | equipment to which a customer's call is charged and | ||||||
| 22 | from which the call originates or terminates, | ||||||
| 23 | regardless of where the call is billed or paid; | ||||||
| 24 | (b) If the location in line (a) is not known, | ||||||
| 25 | service address means the origination point of the | ||||||
| 26 | signal of the telecommunications services first | ||||||
| |||||||
| |||||||
| 1 | identified by either the seller's | ||||||
| 2 | telecommunications system or in information | ||||||
| 3 | received by the seller from its service provider | ||||||
| 4 | where the system used to transport such signals is | ||||||
| 5 | not that of the seller; and | ||||||
| 6 | (c) If the locations in line (a) and line (b) | ||||||
| 7 | are not known, the service address means the | ||||||
| 8 | location of the customer's place of primary use. | ||||||
| 9 | "Telecommunications service" means the electronic | ||||||
| 10 | transmission, conveyance, or routing of voice, data, | ||||||
| 11 | audio, video, or any other information or signals to a | ||||||
| 12 | point, or between or among points. The term | ||||||
| 13 | "telecommunications service" includes such | ||||||
| 14 | transmission, conveyance, or routing in which computer | ||||||
| 15 | processing applications are used to act on the form, | ||||||
| 16 | code or protocol of the content for purposes of | ||||||
| 17 | transmission, conveyance or routing without regard to | ||||||
| 18 | whether such service is referred to as voice over | ||||||
| 19 | Internet protocol services or is classified by the | ||||||
| 20 | Federal Communications Commission as enhanced or value | ||||||
| 21 | added. "Telecommunications service" does not include: | ||||||
| 22 | (a) Data processing and information services | ||||||
| 23 | that allow data to be generated, acquired, stored, | ||||||
| 24 | processed, or retrieved and delivered by an | ||||||
| 25 | electronic transmission to a purchaser when such | ||||||
| 26 | purchaser's primary purpose for the underlying | ||||||
| |||||||
| |||||||
| 1 | transaction is the processed data or information; | ||||||
| 2 | (b) Installation or maintenance of wiring or | ||||||
| 3 | equipment on a customer's premises; | ||||||
| 4 | (c) Tangible personal property; | ||||||
| 5 | (d) Advertising, including but not limited to | ||||||
| 6 | directory advertising. | ||||||
| 7 | (e) Billing and collection services provided | ||||||
| 8 | to third parties; | ||||||
| 9 | (f) Internet access service; | ||||||
| 10 | (g) Radio and television audio and video | ||||||
| 11 | programming services, regardless of the medium, | ||||||
| 12 | including the furnishing of transmission, | ||||||
| 13 | conveyance and routing of such services by the | ||||||
| 14 | programming service provider. Radio and television | ||||||
| 15 | audio and video programming services shall include | ||||||
| 16 | but not be limited to cable service as defined in | ||||||
| 17 | 47 USC 522(6) and audio and video programming | ||||||
| 18 | services delivered by commercial mobile radio | ||||||
| 19 | service providers, as defined in 47 CFR 20.3; | ||||||
| 20 | (h) "Ancillary services"; or | ||||||
| 21 | (i) Digital products "delivered | ||||||
| 22 | electronically", including but not limited to | ||||||
| 23 | software, music, video, reading materials or ring | ||||||
| 24 | tones. | ||||||
| 25 | "Vertical service" means an "ancillary service" | ||||||
| 26 | that is offered in connection with one or more | ||||||
| |||||||
| |||||||
| 1 | "telecommunications services", which offers advanced | ||||||
| 2 | calling features that allow customers to identify | ||||||
| 3 | callers and to manage multiple calls and call | ||||||
| 4 | connections, including "conference bridging services". | ||||||
| 5 | "Voice mail service" means an "ancillary service" | ||||||
| 6 | that enables the customer to store, send or receive | ||||||
| 7 | recorded messages. "Voice mail service" does not | ||||||
| 8 | include any "vertical services" that the customer may | ||||||
| 9 | be required to have in order to utilize the "voice mail | ||||||
| 10 | service". | ||||||
| 11 | (ii) Receipts from the sale of telecommunications | ||||||
| 12 | service sold on an individual call-by-call basis are in | ||||||
| 13 | this State if either of the following applies: | ||||||
| 14 | (a) The call both originates and terminates in | ||||||
| 15 | this State. | ||||||
| 16 | (b) The call either originates or terminates | ||||||
| 17 | in this State and the service address is located in | ||||||
| 18 | this State. | ||||||
| 19 | (iii) Receipts from the sale of postpaid | ||||||
| 20 | telecommunications service at retail are in this State | ||||||
| 21 | if the origination point of the telecommunication | ||||||
| 22 | signal, as first identified by the service provider's | ||||||
| 23 | telecommunication system or as identified by | ||||||
| 24 | information received by the seller from its service | ||||||
| 25 | provider if the system used to transport | ||||||
| 26 | telecommunication signals is not the seller's, is | ||||||
| |||||||
| |||||||
| 1 | located in this State. | ||||||
| 2 | (iv) Receipts from the sale of prepaid | ||||||
| 3 | telecommunications service or prepaid mobile | ||||||
| 4 | telecommunications service at retail are in this State | ||||||
| 5 | if the purchaser obtains the prepaid card or similar | ||||||
| 6 | means of conveyance at a location in this State. | ||||||
| 7 | Receipts from recharging a prepaid telecommunications | ||||||
| 8 | service or mobile telecommunications service is in | ||||||
| 9 | this State if the purchaser's billing information | ||||||
| 10 | indicates a location in this State. | ||||||
| 11 | (v) Receipts from the sale of private | ||||||
| 12 | communication services are in this State as follows: | ||||||
| 13 | (a) 100% of receipts from charges imposed at | ||||||
| 14 | each channel termination point in this State. | ||||||
| 15 | (b) 100% of receipts from charges for the total | ||||||
| 16 | channel mileage between each channel termination | ||||||
| 17 | point in this State. | ||||||
| 18 | (c) 50% of the total receipts from charges for | ||||||
| 19 | service segments when those segments are between 2 | ||||||
| 20 | customer channel termination points, 1 of which is | ||||||
| 21 | located in this State and the other is located | ||||||
| 22 | outside of this State, which segments are | ||||||
| 23 | separately charged. | ||||||
| 24 | (d) The receipts from charges for service | ||||||
| 25 | segments with a channel termination point located | ||||||
| 26 | in this State and in two or more other states, and | ||||||
| |||||||
| |||||||
| 1 | which segments are not separately billed, are in | ||||||
| 2 | this State based on a percentage determined by | ||||||
| 3 | dividing the number of customer channel | ||||||
| 4 | termination points in this State by the total | ||||||
| 5 | number of customer channel termination points. | ||||||
| 6 | (vi) Receipts from charges for ancillary services | ||||||
| 7 | for telecommunications service sold to customers at | ||||||
| 8 | retail are in this State if the customer's primary | ||||||
| 9 | place of use of telecommunications services associated | ||||||
| 10 | with those ancillary services is in this State. If the | ||||||
| 11 | seller of those ancillary services cannot determine | ||||||
| 12 | where the associated telecommunications are located, | ||||||
| 13 | then the ancillary services shall be based on the | ||||||
| 14 | location of the purchaser. | ||||||
| 15 | (vii) Receipts to access a carrier's network or | ||||||
| 16 | from the sale of telecommunication services or | ||||||
| 17 | ancillary services for resale are in this State as | ||||||
| 18 | follows: | ||||||
| 19 | (a) 100% of the receipts from access fees | ||||||
| 20 | attributable to intrastate telecommunications | ||||||
| 21 | service that both originates and terminates in | ||||||
| 22 | this State. | ||||||
| 23 | (b) 50% of the receipts from access fees | ||||||
| 24 | attributable to interstate telecommunications | ||||||
| 25 | service if the interstate call either originates | ||||||
| 26 | or terminates in this State. | ||||||
| |||||||
| |||||||
| 1 | (c) 100% of the receipts from interstate end | ||||||
| 2 | user access line charges, if the customer's | ||||||
| 3 | service address is in this State. As used in this | ||||||
| 4 | subdivision, "interstate end user access line | ||||||
| 5 | charges" includes, but is not limited to, the | ||||||
| 6 | surcharge approved by the federal communications | ||||||
| 7 | commission and levied pursuant to 47 CFR 69. | ||||||
| 8 | (d) Gross receipts from sales of | ||||||
| 9 | telecommunication services or from ancillary | ||||||
| 10 | services for telecommunications services sold to | ||||||
| 11 | other telecommunication service providers for | ||||||
| 12 | resale shall be sourced to this State using the | ||||||
| 13 | apportionment concepts used for non-resale | ||||||
| 14 | receipts of telecommunications services if the | ||||||
| 15 | information is readily available to make that | ||||||
| 16 | determination. If the information is not readily | ||||||
| 17 | available, then the taxpayer may use any other | ||||||
| 18 | reasonable and consistent method. | ||||||
| 19 | (B-7) For taxable years ending on or after December 31, | ||||||
| 20 | 2008, receipts from the sale of broadcasting services are | ||||||
| 21 | in this State if the broadcasting services are received in | ||||||
| 22 | this State. For purposes of this paragraph (B-7), the | ||||||
| 23 | following terms have the following meanings: | ||||||
| 24 | "Advertising revenue" means consideration received | ||||||
| 25 | by the taxpayer in exchange for broadcasting services | ||||||
| 26 | or allowing the broadcasting of commercials or | ||||||
| |||||||
| |||||||
| 1 | announcements in connection with the broadcasting of | ||||||
| 2 | film or radio programming, from sponsorships of the | ||||||
| 3 | programming, or from product placements in the | ||||||
| 4 | programming. | ||||||
| 5 | "Audience factor" means the ratio that the | ||||||
| 6 | audience or subscribers located in this State of a | ||||||
| 7 | station, a network, or a cable system bears to the | ||||||
| 8 | total audience or total subscribers for that station, | ||||||
| 9 | network, or cable system. The audience factor for film | ||||||
| 10 | or radio programming shall be determined by reference | ||||||
| 11 | to the books and records of the taxpayer or by | ||||||
| 12 | reference to published rating statistics provided the | ||||||
| 13 | method used by the taxpayer is consistently used from | ||||||
| 14 | year to year for this purpose and fairly represents the | ||||||
| 15 | taxpayer's activity in this State. | ||||||
| 16 | "Broadcast" or "broadcasting" or "broadcasting | ||||||
| 17 | services" means the transmission or provision of film | ||||||
| 18 | or radio programming, whether through the public | ||||||
| 19 | airwaves, by cable, by direct or indirect satellite | ||||||
| 20 | transmission, or by any other means of communication, | ||||||
| 21 | either through a station, a network, or a cable system. | ||||||
| 22 | "Film" or "film programming" means the broadcast | ||||||
| 23 | on television of any and all performances, events, or | ||||||
| 24 | productions, including but not limited to news, | ||||||
| 25 | sporting events, plays, stories, or other literary, | ||||||
| 26 | commercial, educational, or artistic works, either | ||||||
| |||||||
| |||||||
| 1 | live or through the use of video tape, disc, or any | ||||||
| 2 | other type of format or medium. Each episode of a | ||||||
| 3 | series of films produced for television shall | ||||||
| 4 | constitute separate "film" notwithstanding that the | ||||||
| 5 | series relates to the same principal subject and is | ||||||
| 6 | produced during one or more tax periods. | ||||||
| 7 | "Radio" or "radio programming" means the broadcast | ||||||
| 8 | on radio of any and all performances, events, or | ||||||
| 9 | productions, including but not limited to news, | ||||||
| 10 | sporting events, plays, stories, or other literary, | ||||||
| 11 | commercial, educational, or artistic works, either | ||||||
| 12 | live or through the use of an audio tape, disc, or any | ||||||
| 13 | other format or medium. Each episode in a series of | ||||||
| 14 | radio programming produced for radio broadcast shall | ||||||
| 15 | constitute a separate "radio programming" | ||||||
| 16 | notwithstanding that the series relates to the same | ||||||
| 17 | principal subject and is produced during one or more | ||||||
| 18 | tax periods. | ||||||
| 19 | (i) In the case of advertising revenue from | ||||||
| 20 | broadcasting, the customer is the advertiser and | ||||||
| 21 | the service is received in this State if the | ||||||
| 22 | commercial domicile of the advertiser is in this | ||||||
| 23 | State. | ||||||
| 24 | (ii) In the case where film or radio | ||||||
| 25 | programming is broadcast by a station, a network, | ||||||
| 26 | or a cable system for a fee or other remuneration | ||||||
| |||||||
| |||||||
| 1 | received from the recipient of the broadcast, the | ||||||
| 2 | portion of the service that is received in this | ||||||
| 3 | State is measured by the portion of the recipients | ||||||
| 4 | of the broadcast located in this State. | ||||||
| 5 | Accordingly, the fee or other remuneration for | ||||||
| 6 | such service that is included in the Illinois | ||||||
| 7 | numerator of the sales factor is the total of those | ||||||
| 8 | fees or other remuneration received from | ||||||
| 9 | recipients in Illinois. For purposes of this | ||||||
| 10 | paragraph, a taxpayer may determine the location | ||||||
| 11 | of the recipients of its broadcast using the | ||||||
| 12 | address of the recipient shown in its contracts | ||||||
| 13 | with the recipient or using the billing address of | ||||||
| 14 | the recipient in the taxpayer's records. | ||||||
| 15 | (iii) In the case where film or radio | ||||||
| 16 | programming is broadcast by a station, a network, | ||||||
| 17 | or a cable system for a fee or other remuneration | ||||||
| 18 | from the person providing the programming, the | ||||||
| 19 | portion of the broadcast service that is received | ||||||
| 20 | by such station, network, or cable system in this | ||||||
| 21 | State is measured by the portion of recipients of | ||||||
| 22 | the broadcast located in this State. Accordingly, | ||||||
| 23 | the amount of revenue related to such an | ||||||
| 24 | arrangement that is included in the Illinois | ||||||
| 25 | numerator of the sales factor is the total fee or | ||||||
| 26 | other total remuneration from the person providing | ||||||
| |||||||
| |||||||
| 1 | the programming related to that broadcast | ||||||
| 2 | multiplied by the Illinois audience factor for | ||||||
| 3 | that broadcast. | ||||||
| 4 | (iv) In the case where film or radio | ||||||
| 5 | programming is provided by a taxpayer that is a | ||||||
| 6 | network or station to a customer for broadcast in | ||||||
| 7 | exchange for a fee or other remuneration from that | ||||||
| 8 | customer the broadcasting service is received at | ||||||
| 9 | the location of the office of the customer from | ||||||
| 10 | which the services were ordered in the regular | ||||||
| 11 | course of the customer's trade or business. | ||||||
| 12 | Accordingly, in such a case the revenue derived by | ||||||
| 13 | the taxpayer that is included in the taxpayer's | ||||||
| 14 | Illinois numerator of the sales factor is the | ||||||
| 15 | revenue from such customers who receive the | ||||||
| 16 | broadcasting service in Illinois. | ||||||
| 17 | (v) In the case where film or radio programming | ||||||
| 18 | is provided by a taxpayer that is not a network or | ||||||
| 19 | station to another person for broadcasting in | ||||||
| 20 | exchange for a fee or other remuneration from that | ||||||
| 21 | person, the broadcasting service is received at | ||||||
| 22 | the location of the office of the customer from | ||||||
| 23 | which the services were ordered in the regular | ||||||
| 24 | course of the customer's trade or business. | ||||||
| 25 | Accordingly, in such a case the revenue derived by | ||||||
| 26 | the taxpayer that is included in the taxpayer's | ||||||
| |||||||
| |||||||
| 1 | Illinois numerator of the sales factor is the | ||||||
| 2 | revenue from such customers who receive the | ||||||
| 3 | broadcasting service in Illinois. | ||||||
| 4 | (B-8) Gross receipts from winnings under the Illinois | ||||||
| 5 | Lottery Law from the assignment of a prize under Section | ||||||
| 6 | 13-1 of the Illinois Lottery Law are received in this | ||||||
| 7 | State. This paragraph (B-8) applies only to taxable years | ||||||
| 8 | ending on or after December 31, 2013.
| ||||||
| 9 | (C) For taxable years ending before December 31, 2008, | ||||||
| 10 | sales, other than sales governed by paragraphs (B), (B-1), | ||||||
| 11 | (B-2), and (B-8) are in
this State if:
| ||||||
| 12 | (i) The income-producing activity is performed in | ||||||
| 13 | this State; or
| ||||||
| 14 | (ii) The income-producing activity is performed | ||||||
| 15 | both within and
without this State and a greater | ||||||
| 16 | proportion of the income-producing
activity is | ||||||
| 17 | performed within this State than without this State, | ||||||
| 18 | based
on performance costs.
| ||||||
| 19 | (C-5) For taxable years ending on or after December 31, | ||||||
| 20 | 2008, sales, other than sales governed by paragraphs (B), | ||||||
| 21 | (B-1), (B-2), (B-5), and (B-7), are in this State if any of | ||||||
| 22 | the following criteria are met: | ||||||
| 23 | (i) Sales from the sale or lease of real property | ||||||
| 24 | are in this State if the property is located in this | ||||||
| 25 | State. | ||||||
| 26 | (ii) Sales from the lease or rental of tangible | ||||||
| |||||||
| |||||||
| 1 | personal property are in this State if the property is | ||||||
| 2 | located in this State during the rental period. Sales | ||||||
| 3 | from the lease or rental of tangible personal property | ||||||
| 4 | that is characteristically moving property, including, | ||||||
| 5 | but not limited to, motor vehicles, rolling stock, | ||||||
| 6 | aircraft, vessels, or mobile equipment are in this | ||||||
| 7 | State to the extent that the property is used in this | ||||||
| 8 | State. | ||||||
| 9 | (iii) In the case of interest, net gains (but not | ||||||
| 10 | less than zero) and other items of income from | ||||||
| 11 | intangible personal property, the sale is in this State | ||||||
| 12 | if: | ||||||
| 13 | (a) in the case of a taxpayer who is a dealer | ||||||
| 14 | in the item of intangible personal property within | ||||||
| 15 | the meaning of Section 475 of the Internal Revenue | ||||||
| 16 | Code, the income or gain is received from a | ||||||
| 17 | customer in this State. For purposes of this | ||||||
| 18 | subparagraph, a customer is in this State if the | ||||||
| 19 | customer is an individual, trust or estate who is a | ||||||
| 20 | resident of this State and, for all other | ||||||
| 21 | customers, if the customer's commercial domicile | ||||||
| 22 | is in this State. Unless the dealer has actual | ||||||
| 23 | knowledge of the residence or commercial domicile | ||||||
| 24 | of a customer during a taxable year, the customer | ||||||
| 25 | shall be deemed to be a customer in this State if | ||||||
| 26 | the billing address of the customer, as shown in | ||||||
| |||||||
| |||||||
| 1 | the records of the dealer, is in this State; or | ||||||
| 2 | (b) in all other cases, if the | ||||||
| 3 | income-producing activity of the taxpayer is | ||||||
| 4 | performed in this State or, if the | ||||||
| 5 | income-producing activity of the taxpayer is | ||||||
| 6 | performed both within and without this State, if a | ||||||
| 7 | greater proportion of the income-producing | ||||||
| 8 | activity of the taxpayer is performed within this | ||||||
| 9 | State than in any other state, based on performance | ||||||
| 10 | costs. | ||||||
| 11 | (iv) Sales of services are in this State if the | ||||||
| 12 | services are received in this State. For the purposes | ||||||
| 13 | of this section, gross receipts from the performance of | ||||||
| 14 | services provided to a corporation, partnership, or | ||||||
| 15 | trust may only be attributed to a state where that | ||||||
| 16 | corporation, partnership, or trust has a fixed place of | ||||||
| 17 | business. If the state where the services are received | ||||||
| 18 | is not readily determinable or is a state where the | ||||||
| 19 | corporation, partnership, or trust receiving the | ||||||
| 20 | service does not have a fixed place of business, the | ||||||
| 21 | services shall be deemed to be received at the location | ||||||
| 22 | of the office of the customer from which the services | ||||||
| 23 | were ordered in the regular course of the customer's | ||||||
| 24 | trade or business. If the ordering office cannot be | ||||||
| 25 | determined, the services shall be deemed to be received | ||||||
| 26 | at the office of the customer to which the services are | ||||||
| |||||||
| |||||||
| 1 | billed. If the taxpayer is not taxable in the state in | ||||||
| 2 | which the services are received, the sale must be | ||||||
| 3 | excluded from both the numerator and the denominator of | ||||||
| 4 | the sales factor. The Department shall adopt rules | ||||||
| 5 | prescribing where specific types of service are | ||||||
| 6 | received, including, but not limited to, publishing, | ||||||
| 7 | and utility service.
| ||||||
| 8 | (D) For taxable years ending on or after December 31, | ||||||
| 9 | 1995, the following
items of income shall not be included | ||||||
| 10 | in the numerator or denominator of the
sales factor: | ||||||
| 11 | dividends; amounts included under Section 78 of the | ||||||
| 12 | Internal
Revenue Code; and Subpart F income as defined in | ||||||
| 13 | Section 952 of the Internal
Revenue Code.
No inference | ||||||
| 14 | shall be drawn from the enactment of this paragraph (D) in
| ||||||
| 15 | construing this Section for taxable years ending before | ||||||
| 16 | December 31, 1995.
| ||||||
| 17 | (E) Paragraphs (B-1) and (B-2) shall apply to tax years | ||||||
| 18 | ending on or
after December 31, 1999, provided that a | ||||||
| 19 | taxpayer may elect to apply the
provisions of these | ||||||
| 20 | paragraphs to prior tax years. Such election shall be made
| ||||||
| 21 | in the form and manner prescribed by the Department, shall | ||||||
| 22 | be irrevocable, and
shall apply to all tax years; provided | ||||||
| 23 | that, if a taxpayer's Illinois income
tax liability for any | ||||||
| 24 | tax year, as assessed under Section 903 prior to January
1, | ||||||
| 25 | 1999, was computed in a manner contrary to the provisions | ||||||
| 26 | of paragraphs
(B-1) or (B-2), no refund shall be payable to | ||||||
| |||||||
| |||||||
| 1 | the taxpayer for that tax year to
the extent such refund is | ||||||
| 2 | the result of applying the provisions of paragraph
(B-1) or | ||||||
| 3 | (B-2) retroactively. In the case of a unitary business | ||||||
| 4 | group, such
election shall apply to all members of such | ||||||
| 5 | group for every tax year such group
is in existence, but | ||||||
| 6 | shall not apply to any taxpayer for any period during
which | ||||||
| 7 | that taxpayer is not a member of such group.
| ||||||
| 8 | (b) Insurance companies.
| ||||||
| 9 | (1) In general. Except as otherwise
provided by | ||||||
| 10 | paragraph (2), business income of an insurance company for | ||||||
| 11 | a
taxable year shall be apportioned to this State by | ||||||
| 12 | multiplying such
income by a fraction, the numerator of | ||||||
| 13 | which is the direct premiums
written for insurance upon | ||||||
| 14 | property or risk in this State, and the
denominator of | ||||||
| 15 | which is the direct premiums written for insurance upon
| ||||||
| 16 | property or risk everywhere. For purposes of this | ||||||
| 17 | subsection, the term
"direct premiums written" means the | ||||||
| 18 | total amount of direct premiums
written, assessments and | ||||||
| 19 | annuity considerations as reported for the
taxable year on | ||||||
| 20 | the annual statement filed by the company with the
Illinois | ||||||
| 21 | Director of Insurance in the form approved by the National
| ||||||
| 22 | Convention of Insurance Commissioners
or such other form as | ||||||
| 23 | may be
prescribed in lieu thereof.
| ||||||
| 24 | (2) Reinsurance. If the principal source of premiums | ||||||
| 25 | written by an
insurance company consists of premiums for | ||||||
| 26 | reinsurance accepted by it,
the business income of such | ||||||
| |||||||
| |||||||
| 1 | company shall be apportioned to this State
by multiplying | ||||||
| 2 | such income by a fraction, the numerator of which is the
| ||||||
| 3 | sum of (i) direct premiums written for insurance upon | ||||||
| 4 | property or risk
in this State, plus (ii) premiums written | ||||||
| 5 | for reinsurance accepted in
respect of property or risk in | ||||||
| 6 | this State, and the denominator of which
is the sum of | ||||||
| 7 | (iii) direct premiums written for insurance upon property
| ||||||
| 8 | or risk everywhere, plus (iv) premiums written for | ||||||
| 9 | reinsurance accepted
in respect of property or risk | ||||||
| 10 | everywhere. For purposes of this
paragraph, premiums | ||||||
| 11 | written for reinsurance accepted in respect of
property or | ||||||
| 12 | risk in this State, whether or not otherwise determinable,
| ||||||
| 13 | may, at the election of the company, be determined on the | ||||||
| 14 | basis of the
proportion which premiums written for | ||||||
| 15 | reinsurance accepted from
companies commercially domiciled | ||||||
| 16 | in Illinois bears to premiums written
for reinsurance | ||||||
| 17 | accepted from all sources, or, alternatively, in the
| ||||||
| 18 | proportion which the sum of the direct premiums written for | ||||||
| 19 | insurance
upon property or risk in this State by each | ||||||
| 20 | ceding company from which
reinsurance is accepted bears to | ||||||
| 21 | the sum of the total direct premiums
written by each such | ||||||
| 22 | ceding company for the taxable year. The election made by a | ||||||
| 23 | company under this paragraph for its first taxable year | ||||||
| 24 | ending on or after December 31, 2011, shall be binding for | ||||||
| 25 | that company for that taxable year and for all subsequent | ||||||
| 26 | taxable years, and may be altered only with the written | ||||||
| |||||||
| |||||||
| 1 | permission of the Department, which shall not be | ||||||
| 2 | unreasonably withheld.
| ||||||
| 3 | (c) Financial organizations.
| ||||||
| 4 | (1) In general. For taxable years ending before | ||||||
| 5 | December 31, 2008, business income of a financial
| ||||||
| 6 | organization shall be apportioned to this State by | ||||||
| 7 | multiplying such
income by a fraction, the numerator of | ||||||
| 8 | which is its business income from
sources within this | ||||||
| 9 | State, and the denominator of which is its business
income | ||||||
| 10 | from all sources. For the purposes of this subsection, the
| ||||||
| 11 | business income of a financial organization from sources | ||||||
| 12 | within this
State is the sum of the amounts referred to in | ||||||
| 13 | subparagraphs (A) through
(E) following, but excluding the | ||||||
| 14 | adjusted income of an international banking
facility as | ||||||
| 15 | determined in paragraph (2):
| ||||||
| 16 | (A) Fees, commissions or other compensation for | ||||||
| 17 | financial services
rendered within this State;
| ||||||
| 18 | (B) Gross profits from trading in stocks, bonds or | ||||||
| 19 | other securities
managed within this State;
| ||||||
| 20 | (C) Dividends, and interest from Illinois | ||||||
| 21 | customers, which are received
within this State;
| ||||||
| 22 | (D) Interest charged to customers at places of | ||||||
| 23 | business maintained
within this State for carrying | ||||||
| 24 | debit balances of margin accounts,
without deduction | ||||||
| 25 | of any costs incurred in carrying such accounts; and
| ||||||
| 26 | (E) Any other gross income resulting from the | ||||||
| |||||||
| |||||||
| 1 | operation as a
financial organization within this | ||||||
| 2 | State. In computing the amounts
referred to in | ||||||
| 3 | paragraphs (A) through (E) of this subsection, any | ||||||
| 4 | amount
received by a member of an affiliated group | ||||||
| 5 | (determined under Section
1504(a) of the Internal | ||||||
| 6 | Revenue Code but without reference to whether
any such | ||||||
| 7 | corporation is an "includible corporation" under | ||||||
| 8 | Section
1504(b) of the Internal Revenue Code) from | ||||||
| 9 | another member of such group
shall be included only to | ||||||
| 10 | the extent such amount exceeds expenses of the
| ||||||
| 11 | recipient directly related thereto.
| ||||||
| 12 | (2) International Banking Facility. For taxable years | ||||||
| 13 | ending before December 31, 2008:
| ||||||
| 14 | (A) Adjusted Income. The adjusted income of an | ||||||
| 15 | international banking
facility is its income reduced | ||||||
| 16 | by the amount of the floor amount.
| ||||||
| 17 | (B) Floor Amount. The floor amount shall be the | ||||||
| 18 | amount, if any,
determined
by multiplying the income of | ||||||
| 19 | the international banking facility by a fraction,
not | ||||||
| 20 | greater than one, which is determined as follows:
| ||||||
| 21 | (i) The numerator shall be:
| ||||||
| 22 | The average aggregate, determined on a | ||||||
| 23 | quarterly basis, of the
financial
organization's | ||||||
| 24 | loans to banks in foreign countries, to foreign | ||||||
| 25 | domiciled
borrowers (except where secured | ||||||
| 26 | primarily by real estate) and to foreign
| ||||||
| |||||||
| |||||||
| 1 | governments and other foreign official | ||||||
| 2 | institutions, as reported for its
branches, | ||||||
| 3 | agencies and offices within the state on its | ||||||
| 4 | "Consolidated Report
of Condition", Schedule A, | ||||||
| 5 | Lines 2.c., 5.b., and 7.a., which was filed with
| ||||||
| 6 | the Federal Deposit Insurance Corporation and | ||||||
| 7 | other regulatory authorities,
for the year 1980, | ||||||
| 8 | minus
| ||||||
| 9 | The average aggregate, determined on a | ||||||
| 10 | quarterly basis, of such loans
(other
than loans of | ||||||
| 11 | an international banking facility), as reported by | ||||||
| 12 | the financial
institution for its branches, | ||||||
| 13 | agencies and offices within the state, on
the | ||||||
| 14 | corresponding Schedule and lines of the | ||||||
| 15 | Consolidated Report of Condition
for the current | ||||||
| 16 | taxable year, provided, however, that in no case | ||||||
| 17 | shall the
amount determined in this clause (the | ||||||
| 18 | subtrahend) exceed the amount determined
in the | ||||||
| 19 | preceding clause (the minuend); and
| ||||||
| 20 | (ii) the denominator shall be the average | ||||||
| 21 | aggregate, determined on a
quarterly basis, of the | ||||||
| 22 | international banking facility's loans to banks in
| ||||||
| 23 | foreign countries, to foreign domiciled borrowers | ||||||
| 24 | (except where secured
primarily by real estate) | ||||||
| 25 | and to foreign governments and other foreign
| ||||||
| 26 | official institutions, which were recorded in its | ||||||
| |||||||
| |||||||
| 1 | financial accounts for
the current taxable year.
| ||||||
| 2 | (C) Change to Consolidated Report of Condition and | ||||||
| 3 | in Qualification.
In the event the Consolidated Report | ||||||
| 4 | of Condition which is filed with the
Federal Deposit | ||||||
| 5 | Insurance Corporation and other regulatory authorities | ||||||
| 6 | is
altered so that the information required for | ||||||
| 7 | determining the floor amount
is not found on Schedule | ||||||
| 8 | A, lines 2.c., 5.b. and 7.a., the financial
institution | ||||||
| 9 | shall notify the Department and the Department may, by
| ||||||
| 10 | regulations or otherwise, prescribe or authorize the | ||||||
| 11 | use of an alternative
source for such information. The | ||||||
| 12 | financial institution shall also notify
the Department | ||||||
| 13 | should its international banking facility fail to | ||||||
| 14 | qualify as
such, in whole or in part, or should there | ||||||
| 15 | be any amendment or change to
the Consolidated Report | ||||||
| 16 | of Condition, as originally filed, to the extent
such | ||||||
| 17 | amendment or change alters the information used in | ||||||
| 18 | determining the floor
amount.
| ||||||
| 19 | (3) For taxable years ending on or after December 31, | ||||||
| 20 | 2008, the business income of a financial organization shall | ||||||
| 21 | be apportioned to this State by multiplying such income by | ||||||
| 22 | a fraction, the numerator of which is its gross receipts | ||||||
| 23 | from sources in this State or otherwise attributable to | ||||||
| 24 | this State's marketplace and the denominator of which is | ||||||
| 25 | its gross receipts everywhere during the taxable year. | ||||||
| 26 | "Gross receipts" for purposes of this subparagraph (3) | ||||||
| |||||||
| |||||||
| 1 | means gross income, including net taxable gain on | ||||||
| 2 | disposition of assets, including securities and money | ||||||
| 3 | market instruments, when derived from transactions and | ||||||
| 4 | activities in the regular course of the financial | ||||||
| 5 | organization's trade or business. The following examples | ||||||
| 6 | are illustrative:
| ||||||
| 7 | (i) Receipts from the lease or rental of real or | ||||||
| 8 | tangible personal property are in this State if the | ||||||
| 9 | property is located in this State during the rental | ||||||
| 10 | period. Receipts from the lease or rental of tangible | ||||||
| 11 | personal property that is characteristically moving | ||||||
| 12 | property, including, but not limited to, motor | ||||||
| 13 | vehicles, rolling stock, aircraft, vessels, or mobile | ||||||
| 14 | equipment are from sources in this State to the extent | ||||||
| 15 | that the property is used in this State. | ||||||
| 16 | (ii) Interest income, commissions, fees, gains on | ||||||
| 17 | disposition, and other receipts from assets in the | ||||||
| 18 | nature of loans that are secured primarily by real | ||||||
| 19 | estate or tangible personal property are from sources | ||||||
| 20 | in this State if the security is located in this State. | ||||||
| 21 | (iii) Interest income, commissions, fees, gains on | ||||||
| 22 | disposition, and other receipts from consumer loans | ||||||
| 23 | that are not secured by real or tangible personal | ||||||
| 24 | property are from sources in this State if the debtor | ||||||
| 25 | is a resident of this State. | ||||||
| 26 | (iv) Interest income, commissions, fees, gains on | ||||||
| |||||||
| |||||||
| 1 | disposition, and other receipts from commercial loans | ||||||
| 2 | and installment obligations that are not secured by | ||||||
| 3 | real or tangible personal property are from sources in | ||||||
| 4 | this State if the proceeds of the loan are to be | ||||||
| 5 | applied in this State. If it cannot be determined where | ||||||
| 6 | the funds are to be applied, the income and receipts | ||||||
| 7 | are from sources in this State if the office of the | ||||||
| 8 | borrower from which the loan was negotiated in the | ||||||
| 9 | regular course of business is located in this State. If | ||||||
| 10 | the location of this office cannot be determined, the | ||||||
| 11 | income and receipts shall be excluded from the | ||||||
| 12 | numerator and denominator of the sales factor.
| ||||||
| 13 | (v) Interest income, fees, gains on disposition, | ||||||
| 14 | service charges, merchant discount income, and other | ||||||
| 15 | receipts from credit card receivables are from sources | ||||||
| 16 | in this State if the card charges are regularly billed | ||||||
| 17 | to a customer in this State. | ||||||
| 18 | (vi) Receipts from the performance of services, | ||||||
| 19 | including, but not limited to, fiduciary, advisory, | ||||||
| 20 | and brokerage services, are in this State if the | ||||||
| 21 | services are received in this State within the meaning | ||||||
| 22 | of subparagraph (a)(3)(C-5)(iv) of this Section. | ||||||
| 23 | (vii) Receipts from the issuance of travelers | ||||||
| 24 | checks and money orders are from sources in this State | ||||||
| 25 | if the checks and money orders are issued from a | ||||||
| 26 | location within this State. | ||||||
| |||||||
| |||||||
| 1 | (viii) Receipts from investment assets and | ||||||
| 2 | activities and trading assets and activities are | ||||||
| 3 | included in the receipts factor as follows: | ||||||
| 4 | (1) Interest, dividends, net gains (but not | ||||||
| 5 | less than zero) and other income from investment | ||||||
| 6 | assets and activities from trading assets and | ||||||
| 7 | activities shall be included in the receipts | ||||||
| 8 | factor. Investment assets and activities and | ||||||
| 9 | trading assets and activities include but are not | ||||||
| 10 | limited to: investment securities; trading account | ||||||
| 11 | assets; federal funds; securities purchased and | ||||||
| 12 | sold under agreements to resell or repurchase; | ||||||
| 13 | options; futures contracts; forward contracts; | ||||||
| 14 | notional principal contracts such as swaps; | ||||||
| 15 | equities; and foreign currency transactions. With | ||||||
| 16 | respect to the investment and trading assets and | ||||||
| 17 | activities described in subparagraphs (A) and (B) | ||||||
| 18 | of this paragraph, the receipts factor shall | ||||||
| 19 | include the amounts described in such | ||||||
| 20 | subparagraphs. | ||||||
| 21 | (A) The receipts factor shall include the | ||||||
| 22 | amount by which interest from federal funds | ||||||
| 23 | sold and securities purchased under resale | ||||||
| 24 | agreements exceeds interest expense on federal | ||||||
| 25 | funds purchased and securities sold under | ||||||
| 26 | repurchase agreements. | ||||||
| |||||||
| |||||||
| 1 | (B) The receipts factor shall include the | ||||||
| 2 | amount by which interest, dividends, gains and | ||||||
| 3 | other income from trading assets and | ||||||
| 4 | activities, including but not limited to | ||||||
| 5 | assets and activities in the matched book, in | ||||||
| 6 | the arbitrage book, and foreign currency | ||||||
| 7 | transactions, exceed amounts paid in lieu of | ||||||
| 8 | interest, amounts paid in lieu of dividends, | ||||||
| 9 | and losses from such assets and activities. | ||||||
| 10 | (2) The numerator of the receipts factor | ||||||
| 11 | includes interest, dividends, net gains (but not | ||||||
| 12 | less than zero), and other income from investment | ||||||
| 13 | assets and activities and from trading assets and | ||||||
| 14 | activities described in paragraph (1) of this | ||||||
| 15 | subsection that are attributable to this State. | ||||||
| 16 | (A) The amount of interest, dividends, net | ||||||
| 17 | gains (but not less than zero), and other | ||||||
| 18 | income from investment assets and activities | ||||||
| 19 | in the investment account to be attributed to | ||||||
| 20 | this State and included in the numerator is | ||||||
| 21 | determined by multiplying all such income from | ||||||
| 22 | such assets and activities by a fraction, the | ||||||
| 23 | numerator of which is the gross income from | ||||||
| 24 | such assets and activities which are properly | ||||||
| 25 | assigned to a fixed place of business of the | ||||||
| 26 | taxpayer within this State and the denominator | ||||||
| |||||||
| |||||||
| 1 | of which is the gross income from all such | ||||||
| 2 | assets and activities. | ||||||
| 3 | (B) The amount of interest from federal | ||||||
| 4 | funds sold and purchased and from securities | ||||||
| 5 | purchased under resale agreements and | ||||||
| 6 | securities sold under repurchase agreements | ||||||
| 7 | attributable to this State and included in the | ||||||
| 8 | numerator is determined by multiplying the | ||||||
| 9 | amount described in subparagraph (A) of | ||||||
| 10 | paragraph (1) of this subsection from such | ||||||
| 11 | funds and such securities by a fraction, the | ||||||
| 12 | numerator of which is the gross income from | ||||||
| 13 | such funds and such securities which are | ||||||
| 14 | properly assigned to a fixed place of business | ||||||
| 15 | of the taxpayer within this State and the | ||||||
| 16 | denominator of which is the gross income from | ||||||
| 17 | all such funds and such securities. | ||||||
| 18 | (C) The amount of interest, dividends, | ||||||
| 19 | gains, and other income from trading assets and | ||||||
| 20 | activities, including but not limited to | ||||||
| 21 | assets and activities in the matched book, in | ||||||
| 22 | the arbitrage book and foreign currency | ||||||
| 23 | transactions (but excluding amounts described | ||||||
| 24 | in subparagraphs (A) or (B) of this paragraph), | ||||||
| 25 | attributable to this State and included in the | ||||||
| 26 | numerator is determined by multiplying the | ||||||
| |||||||
| |||||||
| 1 | amount described in subparagraph (B) of | ||||||
| 2 | paragraph (1) of this subsection by a fraction, | ||||||
| 3 | the numerator of which is the gross income from | ||||||
| 4 | such trading assets and activities which are | ||||||
| 5 | properly assigned to a fixed place of business | ||||||
| 6 | of the taxpayer within this State and the | ||||||
| 7 | denominator of which is the gross income from | ||||||
| 8 | all such assets and activities. | ||||||
| 9 | (D) Properly assigned, for purposes of | ||||||
| 10 | this paragraph (2) of this subsection, means | ||||||
| 11 | the investment or trading asset or activity is | ||||||
| 12 | assigned to the fixed place of business with | ||||||
| 13 | which it has a preponderance of substantive | ||||||
| 14 | contacts. An investment or trading asset or | ||||||
| 15 | activity assigned by the taxpayer to a fixed | ||||||
| 16 | place of business without the State shall be | ||||||
| 17 | presumed to have been properly assigned if: | ||||||
| 18 | (i) the taxpayer has assigned, in the | ||||||
| 19 | regular course of its business, such asset | ||||||
| 20 | or activity on its records to a fixed place | ||||||
| 21 | of business consistent with federal or | ||||||
| 22 | state regulatory requirements; | ||||||
| 23 | (ii) such assignment on its records is | ||||||
| 24 | based upon substantive contacts of the | ||||||
| 25 | asset or activity to such fixed place of | ||||||
| 26 | business; and | ||||||
| |||||||
| |||||||
| 1 | (iii) the taxpayer uses such records | ||||||
| 2 | reflecting assignment of such assets or | ||||||
| 3 | activities for the filing of all state and | ||||||
| 4 | local tax returns for which an assignment | ||||||
| 5 | of such assets or activities to a fixed | ||||||
| 6 | place of business is required. | ||||||
| 7 | (E) The presumption of proper assignment | ||||||
| 8 | of an investment or trading asset or activity | ||||||
| 9 | provided in subparagraph (D) of paragraph (2) | ||||||
| 10 | of this subsection may be rebutted upon a | ||||||
| 11 | showing by the Department, supported by a | ||||||
| 12 | preponderance of the evidence, that the | ||||||
| 13 | preponderance of substantive contacts | ||||||
| 14 | regarding such asset or activity did not occur | ||||||
| 15 | at the fixed place of business to which it was | ||||||
| 16 | assigned on the taxpayer's records. If the | ||||||
| 17 | fixed place of business that has a | ||||||
| 18 | preponderance of substantive contacts cannot | ||||||
| 19 | be determined for an investment or trading | ||||||
| 20 | asset or activity to which the presumption in | ||||||
| 21 | subparagraph (D) of paragraph (2) of this | ||||||
| 22 | subsection does not apply or with respect to | ||||||
| 23 | which that presumption has been rebutted, that | ||||||
| 24 | asset or activity is properly assigned to the | ||||||
| 25 | state in which the taxpayer's commercial | ||||||
| 26 | domicile is located. For purposes of this | ||||||
| |||||||
| |||||||
| 1 | subparagraph (E), it shall be presumed, | ||||||
| 2 | subject to rebuttal, that taxpayer's | ||||||
| 3 | commercial domicile is in the state of the | ||||||
| 4 | United States or the District of Columbia to | ||||||
| 5 | which the greatest number of employees are | ||||||
| 6 | regularly connected with the management of the | ||||||
| 7 | investment or trading income or out of which | ||||||
| 8 | they are working, irrespective of where the | ||||||
| 9 | services of such employees are performed, as of | ||||||
| 10 | the last day of the taxable year.
| ||||||
| 11 | (4) (Blank). | ||||||
| 12 | (5) (Blank). | ||||||
| 13 | (c-1) Federally regulated exchanges. For taxable years | ||||||
| 14 | ending on or after December 31, 2012, business income of a | ||||||
| 15 | federally regulated exchange shall, at the option of the | ||||||
| 16 | federally regulated exchange, be apportioned to this State by | ||||||
| 17 | multiplying such income by a fraction, the numerator of which | ||||||
| 18 | is its business income from sources within this State, and the | ||||||
| 19 | denominator of which is its business income from all sources. | ||||||
| 20 | For purposes of this subsection, the business income within | ||||||
| 21 | this State of a federally regulated exchange is the sum of the | ||||||
| 22 | following: | ||||||
| 23 | (1) Receipts attributable to transactions executed on | ||||||
| 24 | a physical trading floor if that physical trading floor is | ||||||
| 25 | located in this State. | ||||||
| 26 | (2) Receipts attributable to all other matching, | ||||||
| |||||||
| |||||||
| 1 | execution, or clearing transactions, including without | ||||||
| 2 | limitation receipts from the provision of matching, | ||||||
| 3 | execution, or clearing services to another entity, | ||||||
| 4 | multiplied by (i) for taxable years ending on or after | ||||||
| 5 | December 31, 2012 but before December 31, 2013, 63.77%; and | ||||||
| 6 | (ii) for taxable years ending on or after December 31, | ||||||
| 7 | 2013, 27.54%. | ||||||
| 8 | (3) All other receipts not governed by subparagraphs | ||||||
| 9 | (1) or (2) of this subsection (c-1), to the extent the | ||||||
| 10 | receipts would be characterized as "sales in this State" | ||||||
| 11 | under item (3) of subsection (a) of this Section. | ||||||
| 12 | "Federally regulated exchange" means (i) a "registered | ||||||
| 13 | entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B), | ||||||
| 14 | or (C), (ii) an "exchange" or "clearing agency" within the | ||||||
| 15 | meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such | ||||||
| 16 | entities regulated under any successor regulatory structure to | ||||||
| 17 | the foregoing, and (iv) all taxpayers who are members of the | ||||||
| 18 | same unitary business group as a federally regulated exchange, | ||||||
| 19 | determined without regard to the prohibition in Section | ||||||
| 20 | 1501(a)(27) of this Act against including in a unitary business | ||||||
| 21 | group taxpayers who are ordinarily required to apportion | ||||||
| 22 | business income under different subsections of this Section; | ||||||
| 23 | provided that this subparagraph (iv) shall apply only if 50% or | ||||||
| 24 | more of the business receipts of the unitary business group | ||||||
| 25 | determined by application of this subparagraph (iv) for the | ||||||
| 26 | taxable year are attributable to the matching, execution, or | ||||||
| |||||||
| |||||||
| 1 | clearing of transactions conducted by an entity described in | ||||||
| 2 | subparagraph (i), (ii), or (iii) of this paragraph. | ||||||
| 3 | In no event shall the Illinois apportionment percentage | ||||||
| 4 | computed in accordance with this subsection (c-1) for any | ||||||
| 5 | taxpayer for any tax year be less than the Illinois | ||||||
| 6 | apportionment percentage computed under this subsection (c-1) | ||||||
| 7 | for that taxpayer for the first full tax year ending on or | ||||||
| 8 | after December 31, 2013 for which this subsection (c-1) applied | ||||||
| 9 | to the taxpayer. | ||||||
| 10 | (d) Transportation services. For taxable years ending | ||||||
| 11 | before December 31, 2008, business income derived from | ||||||
| 12 | furnishing
transportation services shall be apportioned to | ||||||
| 13 | this State in accordance
with paragraphs (1) and (2):
| ||||||
| 14 | (1) Such business income (other than that derived from
| ||||||
| 15 | transportation by pipeline) shall be apportioned to this | ||||||
| 16 | State by
multiplying such income by a fraction, the | ||||||
| 17 | numerator of which is the
revenue miles of the person in | ||||||
| 18 | this State, and the denominator of which
is the revenue | ||||||
| 19 | miles of the person everywhere. For purposes of this
| ||||||
| 20 | paragraph, a revenue mile is the transportation of 1 | ||||||
| 21 | passenger or 1 net
ton of freight the distance of 1 mile | ||||||
| 22 | for a consideration. Where a
person is engaged in the | ||||||
| 23 | transportation of both passengers and freight,
the | ||||||
| 24 | fraction above referred to shall be determined by means of | ||||||
| 25 | an
average of the passenger revenue mile fraction and the | ||||||
| 26 | freight revenue
mile fraction, weighted to reflect the | ||||||
| |||||||
| |||||||
| 1 | person's
| ||||||
| 2 | (A) relative railway operating income from total | ||||||
| 3 | passenger and total
freight service, as reported to the | ||||||
| 4 | Interstate Commerce Commission, in
the case of | ||||||
| 5 | transportation by railroad, and
| ||||||
| 6 | (B) relative gross receipts from passenger and | ||||||
| 7 | freight
transportation, in case of transportation | ||||||
| 8 | other than by railroad.
| ||||||
| 9 | (2) Such business income derived from transportation | ||||||
| 10 | by pipeline
shall be apportioned to this State by | ||||||
| 11 | multiplying such income by a
fraction, the numerator of | ||||||
| 12 | which is the revenue miles of the person in
this State, and | ||||||
| 13 | the denominator of which is the revenue miles of the
person | ||||||
| 14 | everywhere. For the purposes of this paragraph, a revenue | ||||||
| 15 | mile is
the transportation by pipeline of 1 barrel of oil, | ||||||
| 16 | 1,000 cubic feet of
gas, or of any specified quantity of | ||||||
| 17 | any other substance, the distance
of 1 mile for a | ||||||
| 18 | consideration.
| ||||||
| 19 | (3) For taxable years ending on or after December 31, | ||||||
| 20 | 2008, business income derived from providing | ||||||
| 21 | transportation services other than airline services shall | ||||||
| 22 | be apportioned to this State by using a fraction, (a) the | ||||||
| 23 | numerator of which shall be (i) all receipts from any | ||||||
| 24 | movement or shipment of people, goods, mail, oil, gas, or | ||||||
| 25 | any other substance (other than by airline) that both | ||||||
| 26 | originates and terminates in this State, plus (ii) that | ||||||
| |||||||
| |||||||
| 1 | portion of the person's gross receipts from movements or | ||||||
| 2 | shipments of people, goods, mail, oil, gas, or any other | ||||||
| 3 | substance (other than by airline) that originates in one | ||||||
| 4 | state or jurisdiction and terminates in another state or | ||||||
| 5 | jurisdiction, that is determined by the ratio that the | ||||||
| 6 | miles traveled in this State bears to total miles | ||||||
| 7 | everywhere and (b) the denominator of which shall be all | ||||||
| 8 | revenue derived from the movement or shipment of people, | ||||||
| 9 | goods, mail, oil, gas, or any other substance (other than | ||||||
| 10 | by airline). Where a taxpayer is engaged in the | ||||||
| 11 | transportation of both passengers and freight, the | ||||||
| 12 | fraction above referred to shall first be determined | ||||||
| 13 | separately for passenger miles and freight miles. Then an | ||||||
| 14 | average of the passenger miles fraction and the freight | ||||||
| 15 | miles fraction shall be weighted to reflect the taxpayer's: | ||||||
| 16 | (A) relative railway operating income from total | ||||||
| 17 | passenger and total freight service, as reported to the | ||||||
| 18 | Surface Transportation Board, in the case of | ||||||
| 19 | transportation by railroad; and
| ||||||
| 20 | (B) relative gross receipts from passenger and | ||||||
| 21 | freight transportation, in case of transportation | ||||||
| 22 | other than by railroad.
| ||||||
| 23 | (4) For taxable years ending on or after December 31, | ||||||
| 24 | 2008, business income derived from furnishing airline
| ||||||
| 25 | transportation services shall be apportioned to this State | ||||||
| 26 | by
multiplying such income by a fraction, the numerator of | ||||||
| |||||||
| |||||||
| 1 | which is the
revenue miles of the person in this State, and | ||||||
| 2 | the denominator of which
is the revenue miles of the person | ||||||
| 3 | everywhere. For purposes of this
paragraph, a revenue mile | ||||||
| 4 | is the transportation of one passenger or one net
ton of | ||||||
| 5 | freight the distance of one mile for a consideration. If a
| ||||||
| 6 | person is engaged in the transportation of both passengers | ||||||
| 7 | and freight,
the fraction above referred to shall be | ||||||
| 8 | determined by means of an
average of the passenger revenue | ||||||
| 9 | mile fraction and the freight revenue
mile fraction, | ||||||
| 10 | weighted to reflect the person's relative gross receipts | ||||||
| 11 | from passenger and freight
airline transportation.
| ||||||
| 12 | (e) Combined apportionment. Where 2 or more persons are | ||||||
| 13 | engaged in
a unitary business as described in subsection | ||||||
| 14 | (a)(27) of
Section 1501,
a part of which is conducted in this | ||||||
| 15 | State by one or more members of the
group, the business income | ||||||
| 16 | attributable to this State by any such member
or members shall | ||||||
| 17 | be apportioned by means of the combined apportionment method.
| ||||||
| 18 | (f) Alternative allocation. If the allocation and | ||||||
| 19 | apportionment
provisions of subsections (a) through (e) and of | ||||||
| 20 | subsection (h) do not, for taxable years ending before December | ||||||
| 21 | 31, 2008, fairly represent the
extent of a person's business | ||||||
| 22 | activity in this State, or, for taxable years ending on or | ||||||
| 23 | after December 31, 2008, fairly represent the market for the | ||||||
| 24 | person's goods, services, or other sources of business income, | ||||||
| 25 | the person may
petition for, or the Director may, without a | ||||||
| 26 | petition, permit or require, in respect of all or any part
of | ||||||
| |||||||
| |||||||
| 1 | the person's business activity, if reasonable:
| ||||||
| 2 | (1) Separate accounting;
| ||||||
| 3 | (2) The exclusion of any one or more factors;
| ||||||
| 4 | (3) The inclusion of one or more additional factors | ||||||
| 5 | which will
fairly represent the person's business | ||||||
| 6 | activities or market in this State; or
| ||||||
| 7 | (4) The employment of any other method to effectuate an | ||||||
| 8 | equitable
allocation and apportionment of the person's | ||||||
| 9 | business income.
| ||||||
| 10 | (g) Cross reference. For allocation of business income by | ||||||
| 11 | residents,
see Section 301(a).
| ||||||
| 12 | (h) For tax years ending on or after December 31, 1998, the | ||||||
| 13 | apportionment
factor of persons who apportion their business | ||||||
| 14 | income to this State under
subsection (a) shall be equal to:
| ||||||
| 15 | (1) for tax years ending on or after December 31, 1998 | ||||||
| 16 | and before December
31, 1999, 16 2/3% of the property | ||||||
| 17 | factor plus 16 2/3% of the payroll factor
plus
66 2/3% of | ||||||
| 18 | the sales factor;
| ||||||
| 19 | (2) for tax years ending on or after December 31, 1999 | ||||||
| 20 | and before December
31,
2000, 8 1/3% of the property factor | ||||||
| 21 | plus 8 1/3% of the payroll factor plus 83
1/3%
of the sales | ||||||
| 22 | factor;
| ||||||
| 23 | (3) for tax years ending on or after December 31, 2000, | ||||||
| 24 | the sales factor.
| ||||||
| 25 | If, in any tax year ending on or after December 31, 1998 and | ||||||
| 26 | before December
31, 2000, the denominator of the payroll, | ||||||
| |||||||
| |||||||
| 1 | property, or sales factor is zero,
the apportionment
factor | ||||||
| 2 | computed in paragraph (1) or (2) of this subsection for that | ||||||
| 3 | year shall
be divided by an amount equal to 100% minus the | ||||||
| 4 | percentage weight given to each
factor whose denominator is | ||||||
| 5 | equal to zero.
| ||||||
| 6 | (Source: P.A. 97-507, eff. 8-23-11; 97-636, eff. 6-1-12; | ||||||
| 7 | 98-478, eff. 1-1-14; 98-496, eff. 1-1-14; revised 9-9-13.)
| ||||||
| 8 | Section 175. The Use Tax Act is amended by changing | ||||||
| 9 | Sections 3-5 and 9 as follows:
| ||||||
| 10 | (35 ILCS 105/3-5)
| ||||||
| 11 | Sec. 3-5. Exemptions. Use of the following tangible | ||||||
| 12 | personal property
is exempt from the tax imposed by this Act:
| ||||||
| 13 | (1) Personal property purchased from a corporation, | ||||||
| 14 | society, association,
foundation, institution, or | ||||||
| 15 | organization, other than a limited liability
company, that is | ||||||
| 16 | organized and operated as a not-for-profit service enterprise
| ||||||
| 17 | for the benefit of persons 65 years of age or older if the | ||||||
| 18 | personal property
was not purchased by the enterprise for the | ||||||
| 19 | purpose of resale by the
enterprise.
| ||||||
| 20 | (2) Personal property purchased by a not-for-profit | ||||||
| 21 | Illinois county
fair association for use in conducting, | ||||||
| 22 | operating, or promoting the
county fair.
| ||||||
| 23 | (3) Personal property purchased by a not-for-profit
arts or | ||||||
| 24 | cultural organization that establishes, by proof required by | ||||||
| |||||||
| |||||||
| 1 | the
Department by
rule, that it has received an exemption under | ||||||
| 2 | Section 501(c)(3) of the Internal
Revenue Code and that is | ||||||
| 3 | organized and operated primarily for the
presentation
or | ||||||
| 4 | support of arts or cultural programming, activities, or | ||||||
| 5 | services. These
organizations include, but are not limited to, | ||||||
| 6 | music and dramatic arts
organizations such as symphony | ||||||
| 7 | orchestras and theatrical groups, arts and
cultural service | ||||||
| 8 | organizations, local arts councils, visual arts organizations,
| ||||||
| 9 | and media arts organizations.
On and after the effective date | ||||||
| 10 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
| 11 | an entity otherwise eligible for this exemption shall not
make | ||||||
| 12 | tax-free purchases unless it has an active identification | ||||||
| 13 | number issued by
the Department.
| ||||||
| 14 | (4) Personal property purchased by a governmental body, by | ||||||
| 15 | a
corporation, society, association, foundation, or | ||||||
| 16 | institution organized and
operated exclusively for charitable, | ||||||
| 17 | religious, or educational purposes, or
by a not-for-profit | ||||||
| 18 | corporation, society, association, foundation,
institution, or | ||||||
| 19 | organization that has no compensated officers or employees
and | ||||||
| 20 | that is organized and operated primarily for the recreation of | ||||||
| 21 | persons
55 years of age or older. A limited liability company | ||||||
| 22 | may qualify for the
exemption under this paragraph only if the | ||||||
| 23 | limited liability company is
organized and operated | ||||||
| 24 | exclusively for educational purposes. On and after July
1, | ||||||
| 25 | 1987, however, no entity otherwise eligible for this exemption | ||||||
| 26 | shall make
tax-free purchases unless it has an active exemption | ||||||
| |||||||
| |||||||
| 1 | identification number
issued by the Department.
| ||||||
| 2 | (5) Until July 1, 2003, a passenger car that is a | ||||||
| 3 | replacement vehicle to
the extent that the
purchase price of | ||||||
| 4 | the car is subject to the Replacement Vehicle Tax.
| ||||||
| 5 | (6) Until July 1, 2003 and beginning again on September 1, | ||||||
| 6 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 7 | equipment, including
repair and replacement
parts, both new and | ||||||
| 8 | used, and including that manufactured on special order,
| ||||||
| 9 | certified by the purchaser to be used primarily for graphic | ||||||
| 10 | arts production,
and including machinery and equipment | ||||||
| 11 | purchased for lease.
Equipment includes chemicals or chemicals | ||||||
| 12 | acting as catalysts but only if
the
chemicals or chemicals | ||||||
| 13 | acting as catalysts effect a direct and immediate change
upon a | ||||||
| 14 | graphic arts product.
| ||||||
| 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 to | ||||||
| 9 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
| 10 | but excluding other motor
vehicles required to be
registered | ||||||
| 11 | under the Illinois Vehicle Code.
Horticultural polyhouses or | ||||||
| 12 | hoop houses used for propagating, growing, or
overwintering | ||||||
| 13 | plants shall be considered farm machinery and equipment under
| ||||||
| 14 | this item (11).
Agricultural chemical tender tanks and dry | ||||||
| 15 | boxes shall include units sold
separately from a motor vehicle | ||||||
| 16 | required to be licensed and units sold mounted
on a motor | ||||||
| 17 | vehicle required to be licensed if the selling price of the | ||||||
| 18 | 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. This item (11) is exempt
from the | ||||||
| 8 | provisions of
Section 3-90.
| ||||||
| 9 | (12) Until June 30, 2013, fuel and petroleum products sold | ||||||
| 10 | to or used by an air common
carrier, certified by the carrier | ||||||
| 11 | to be used for consumption, shipment, or
storage in the conduct | ||||||
| 12 | of its business as an air common carrier, for a
flight destined | ||||||
| 13 | for or returning from a location or locations
outside the | ||||||
| 14 | United States without regard to previous or subsequent domestic
| ||||||
| 15 | stopovers.
| ||||||
| 16 | Beginning July 1, 2013, fuel and petroleum products sold to | ||||||
| 17 | or used by an air carrier, certified by the carrier to be used | ||||||
| 18 | for consumption, shipment, or storage in the conduct of its | ||||||
| 19 | business as an air common carrier, for a flight that (i) is | ||||||
| 20 | engaged in foreign trade or is engaged in trade between the | ||||||
| 21 | United States and any of its possessions and (ii) transports at | ||||||
| 22 | least one individual or package for hire from the city of | ||||||
| 23 | origination to the city of final destination on the same | ||||||
| 24 | aircraft, without regard to a change in the flight number of | ||||||
| 25 | that aircraft. | ||||||
| 26 | (13) Proceeds of mandatory service charges separately
| ||||||
| |||||||
| |||||||
| 1 | stated on customers' bills for the purchase and consumption of | ||||||
| 2 | food and
beverages purchased at retail from a retailer, to the | ||||||
| 3 | extent that the proceeds
of the service charge are in fact | ||||||
| 4 | turned over as tips or as a substitute
for tips to the | ||||||
| 5 | employees who participate directly in preparing, serving,
| ||||||
| 6 | hosting or cleaning up the food or beverage function with | ||||||
| 7 | respect to which
the service charge is imposed.
| ||||||
| 8 | (14) Until July 1, 2003, oil field exploration, drilling, | ||||||
| 9 | and production
equipment,
including (i) rigs and parts of rigs, | ||||||
| 10 | rotary
rigs, cable tool rigs, and workover rigs, (ii) pipe and | ||||||
| 11 | tubular goods,
including casing and drill strings, (iii) pumps | ||||||
| 12 | and pump-jack units, (iv)
storage tanks and flow lines, (v) any | ||||||
| 13 | individual replacement part for oil
field exploration, | ||||||
| 14 | drilling, and production equipment, and (vi) machinery and
| ||||||
| 15 | equipment purchased
for lease; but excluding motor vehicles | ||||||
| 16 | required to be registered under the
Illinois Vehicle Code.
| ||||||
| 17 | (15) Photoprocessing machinery and equipment, including | ||||||
| 18 | repair and
replacement parts, both new and used, including that
| ||||||
| 19 | manufactured on special order, certified by the purchaser to be | ||||||
| 20 | used
primarily for photoprocessing, and including
| ||||||
| 21 | photoprocessing machinery and equipment purchased for lease.
| ||||||
| 22 | (16) Coal and aggregate exploration, mining, off-highway | ||||||
| 23 | offhighway hauling,
processing, maintenance, and reclamation | ||||||
| 24 | equipment,
including replacement parts and equipment, and
| ||||||
| 25 | including equipment purchased for lease, but excluding motor
| ||||||
| 26 | vehicles required to be registered under the Illinois Vehicle | ||||||
| |||||||
| |||||||
| 1 | Code. The changes made to this Section by Public Act 97-767 | ||||||
| 2 | apply on and after July 1, 2003, but no claim for credit or | ||||||
| 3 | refund is allowed on or after August 16, 2013 (the effective | ||||||
| 4 | date of Public Act 98-456) this amendatory Act of the 98th | ||||||
| 5 | General Assembly
for such taxes paid during the period | ||||||
| 6 | beginning July 1, 2003 and ending on August 16, 2013 (the | ||||||
| 7 | effective date of Public Act 98-456) this amendatory Act of the | ||||||
| 8 | 98th General Assembly.
| ||||||
| 9 | (17) Until July 1, 2003, distillation machinery and | ||||||
| 10 | equipment, sold as a
unit or kit,
assembled or installed by the | ||||||
| 11 | retailer, certified by the user to be used
only for the | ||||||
| 12 | production of ethyl alcohol that will be used for consumption
| ||||||
| 13 | as motor fuel or as a component of motor fuel for the personal | ||||||
| 14 | use of the
user, and not subject to sale or resale.
| ||||||
| 15 | (18) Manufacturing and assembling machinery and equipment | ||||||
| 16 | used
primarily in the process of manufacturing or assembling | ||||||
| 17 | tangible
personal property for wholesale or retail sale or | ||||||
| 18 | lease, whether that sale
or lease is made directly by the | ||||||
| 19 | manufacturer or by some other person,
whether the materials | ||||||
| 20 | used in the process are
owned by the manufacturer or some other | ||||||
| 21 | person, or whether that sale or
lease is made apart from or as | ||||||
| 22 | an incident to the seller's engaging in
the service occupation | ||||||
| 23 | of producing machines, tools, dies, jigs,
patterns, gauges, or | ||||||
| 24 | other similar items of no commercial value on
special order for | ||||||
| 25 | a particular purchaser. The exemption provided by this | ||||||
| 26 | paragraph (18) does not include machinery and equipment used in | ||||||
| |||||||
| |||||||
| 1 | (i) the generation of electricity for wholesale or retail sale; | ||||||
| 2 | (ii) the generation or treatment of natural or artificial gas | ||||||
| 3 | for wholesale or retail sale that is delivered to customers | ||||||
| 4 | through pipes, pipelines, or mains; or (iii) the treatment of | ||||||
| 5 | water for wholesale or retail sale that is delivered to | ||||||
| 6 | customers through pipes, pipelines, or mains. The provisions of | ||||||
| 7 | Public Act 98-583 this amendatory Act of the 98th General | ||||||
| 8 | Assembly are declaratory of existing law as to the meaning and | ||||||
| 9 | scope of this exemption.
| ||||||
| 10 | (19) Personal property delivered to a purchaser or | ||||||
| 11 | purchaser's donee
inside Illinois when the purchase order for | ||||||
| 12 | that personal property was
received by a florist located | ||||||
| 13 | outside Illinois who has a florist located
inside Illinois | ||||||
| 14 | deliver the personal property.
| ||||||
| 15 | (20) Semen used for artificial insemination of livestock | ||||||
| 16 | for direct
agricultural production.
| ||||||
| 17 | (21) Horses, or interests in horses, registered with and | ||||||
| 18 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
| 19 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
| 20 | Horse Association, United States
Trotting Association, or | ||||||
| 21 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
| 22 | racing for prizes. This item (21) is exempt from the provisions | ||||||
| 23 | of Section 3-90, and the exemption provided for under this item | ||||||
| 24 | (21) applies for all periods beginning May 30, 1995, but no | ||||||
| 25 | claim for credit or refund is allowed on or after January 1, | ||||||
| 26 | 2008
for such taxes paid during the period beginning May 30, | ||||||
| |||||||
| |||||||
| 1 | 2000 and ending on January 1, 2008.
| ||||||
| 2 | (22) Computers and communications equipment utilized for | ||||||
| 3 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
| 4 | analysis, or treatment of hospital patients purchased by a | ||||||
| 5 | lessor who leases
the
equipment, under a lease of one year or | ||||||
| 6 | longer executed or in effect at the
time the lessor would | ||||||
| 7 | otherwise be subject to the tax imposed by this Act, to a
| ||||||
| 8 | hospital
that has been issued an active tax exemption | ||||||
| 9 | identification number by
the
Department under Section 1g of the | ||||||
| 10 | Retailers' Occupation Tax Act. If the
equipment is leased in a | ||||||
| 11 | manner that does not qualify for
this exemption or is used in | ||||||
| 12 | any other non-exempt manner, the lessor
shall be liable for the
| ||||||
| 13 | tax imposed under this Act or the Service Use Tax Act, as the | ||||||
| 14 | case may
be, based on the fair market value of the property at | ||||||
| 15 | the time the
non-qualifying use occurs. No lessor shall collect | ||||||
| 16 | or attempt to collect an
amount (however
designated) that | ||||||
| 17 | purports to reimburse that lessor for the tax imposed by this
| ||||||
| 18 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
| 19 | has not been
paid by the lessor. If a lessor improperly | ||||||
| 20 | collects any such amount from the
lessee, the lessee shall have | ||||||
| 21 | a legal right to claim a refund of that amount
from the lessor. | ||||||
| 22 | If, however, that amount is not refunded to the lessee for
any | ||||||
| 23 | reason, the lessor is liable to pay that amount to the | ||||||
| 24 | Department.
| ||||||
| 25 | (23) Personal property purchased by a lessor who leases the
| ||||||
| 26 | property, under
a
lease of
one year or longer executed or in | ||||||
| |||||||
| |||||||
| 1 | effect at the time
the lessor would otherwise be subject to the | ||||||
| 2 | tax imposed by this Act,
to a governmental body
that has been | ||||||
| 3 | issued an active sales tax exemption identification number by | ||||||
| 4 | the
Department under Section 1g of the Retailers' Occupation | ||||||
| 5 | Tax Act.
If the
property is leased in a manner that does not | ||||||
| 6 | qualify for
this exemption
or used in any other non-exempt | ||||||
| 7 | manner, the lessor shall be liable for the
tax imposed under | ||||||
| 8 | this Act or the Service Use Tax Act, as the case may
be, based | ||||||
| 9 | on the fair market value of the property at the time the
| ||||||
| 10 | non-qualifying use occurs. No lessor shall collect or attempt | ||||||
| 11 | to collect an
amount (however
designated) that purports to | ||||||
| 12 | reimburse that lessor for the tax imposed by this
Act or the | ||||||
| 13 | Service Use Tax Act, as the case may be, if the tax has not been
| ||||||
| 14 | paid by the lessor. If a lessor improperly collects any such | ||||||
| 15 | amount from the
lessee, the lessee shall have a legal right to | ||||||
| 16 | claim a refund of that amount
from the lessor. If, however, | ||||||
| 17 | that amount is not refunded to the lessee for
any reason, the | ||||||
| 18 | lessor is liable to pay that amount to the Department.
| ||||||
| 19 | (24) 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
donated for | ||||||
| 22 | disaster relief to be used in a State or federally declared
| ||||||
| 23 | disaster area in Illinois or bordering Illinois by a | ||||||
| 24 | manufacturer or retailer
that is registered in this State to a | ||||||
| 25 | corporation, society, association,
foundation, or institution | ||||||
| 26 | that has been issued a sales tax exemption
identification | ||||||
| |||||||
| |||||||
| 1 | number by the Department that assists victims of the disaster
| ||||||
| 2 | who reside within the declared disaster area.
| ||||||
| 3 | (25) Beginning with taxable years ending on or after | ||||||
| 4 | December
31, 1995 and
ending with taxable years ending on or | ||||||
| 5 | before December 31, 2004, personal
property that is used in the | ||||||
| 6 | performance of infrastructure repairs in this
State, including | ||||||
| 7 | but not limited to municipal roads and streets, access roads,
| ||||||
| 8 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
| 9 | line extensions,
water distribution and purification | ||||||
| 10 | facilities, storm water drainage and
retention facilities, and | ||||||
| 11 | sewage treatment facilities, resulting from a State
or | ||||||
| 12 | federally declared disaster in Illinois or bordering Illinois | ||||||
| 13 | when such
repairs are initiated on facilities located in the | ||||||
| 14 | declared disaster area
within 6 months after the disaster.
| ||||||
| 15 | (26) Beginning July 1, 1999, game or game birds purchased | ||||||
| 16 | at a "game
breeding
and hunting preserve area" as that term is
| ||||||
| 17 | used in
the Wildlife Code. This paragraph is exempt from the | ||||||
| 18 | provisions
of
Section 3-90.
| ||||||
| 19 | (27) A motor vehicle, as that term is defined in Section | ||||||
| 20 | 1-146
of the
Illinois
Vehicle Code, that is donated to a | ||||||
| 21 | corporation, limited liability company,
society, association, | ||||||
| 22 | foundation, or institution that is determined by the
Department | ||||||
| 23 | to be organized and operated exclusively for educational | ||||||
| 24 | purposes.
For purposes of this exemption, "a corporation, | ||||||
| 25 | limited liability company,
society, association, foundation, | ||||||
| 26 | or institution organized and operated
exclusively for | ||||||
| |||||||
| |||||||
| 1 | educational purposes" means all tax-supported public schools,
| ||||||
| 2 | private schools that offer systematic instruction in useful | ||||||
| 3 | branches of
learning by methods common to public schools and | ||||||
| 4 | that compare favorably in
their scope and intensity with the | ||||||
| 5 | course of study presented in tax-supported
schools, and | ||||||
| 6 | vocational or technical schools or institutes organized and
| ||||||
| 7 | operated exclusively to provide a course of study of not less | ||||||
| 8 | than 6 weeks
duration and designed to prepare individuals to | ||||||
| 9 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
| 10 | industrial, business, or commercial
occupation.
| ||||||
| 11 | (28) Beginning January 1, 2000, personal property, | ||||||
| 12 | including
food,
purchased through fundraising
events for the | ||||||
| 13 | benefit of
a public or private elementary or
secondary school, | ||||||
| 14 | a group of those schools, or one or more school
districts if | ||||||
| 15 | the events are
sponsored by an entity recognized by the school | ||||||
| 16 | district that consists
primarily of volunteers and includes
| ||||||
| 17 | parents and teachers of the school children. This paragraph | ||||||
| 18 | does not apply
to fundraising
events (i) for the benefit of | ||||||
| 19 | private home instruction or (ii)
for which the fundraising | ||||||
| 20 | entity purchases the personal property sold at
the events from | ||||||
| 21 | another individual or entity that sold the property for the
| ||||||
| 22 | purpose of resale by the fundraising entity and that
profits | ||||||
| 23 | from the sale to the
fundraising entity. This paragraph is | ||||||
| 24 | exempt
from the provisions
of Section 3-90.
| ||||||
| 25 | (29) Beginning January 1, 2000 and through December 31, | ||||||
| 26 | 2001, new or
used automatic vending
machines that prepare and | ||||||
| |||||||
| |||||||
| 1 | serve hot food and beverages, including coffee, soup,
and
other | ||||||
| 2 | items, and replacement parts for these machines.
Beginning | ||||||
| 3 | January 1,
2002 and through June 30, 2003, machines and parts | ||||||
| 4 | for machines used in
commercial, coin-operated amusement and | ||||||
| 5 | vending business if a use or occupation
tax is paid on the | ||||||
| 6 | gross receipts derived from the use of the commercial,
| ||||||
| 7 | coin-operated amusement and vending machines.
This
paragraph
| ||||||
| 8 | is exempt from the provisions of Section 3-90.
| ||||||
| 9 | (30) Beginning January 1, 2001 and through June 30, 2016, | ||||||
| 10 | food for human consumption that is to be consumed off the | ||||||
| 11 | premises
where it is sold (other than alcoholic beverages, soft | ||||||
| 12 | drinks, and food that
has been prepared for immediate | ||||||
| 13 | consumption) and prescription and
nonprescription medicines, | ||||||
| 14 | drugs, medical appliances, and insulin, urine
testing | ||||||
| 15 | materials, syringes, and needles used by diabetics, for human | ||||||
| 16 | use, when
purchased for use by a person receiving medical | ||||||
| 17 | assistance under Article V of
the Illinois Public Aid Code who | ||||||
| 18 | resides in a licensed long-term care facility,
as defined in | ||||||
| 19 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
| 20 | in the ID/DD Community Care Act or the Specialized Mental | ||||||
| 21 | Health Rehabilitation Act of 2013.
| ||||||
| 22 | (31) Beginning on
the effective date of this amendatory Act | ||||||
| 23 | of the 92nd General Assembly,
computers and communications | ||||||
| 24 | equipment
utilized for any hospital purpose and equipment used | ||||||
| 25 | in the diagnosis,
analysis, or treatment of hospital patients | ||||||
| 26 | purchased by a lessor who leases
the equipment, under a lease | ||||||
| |||||||
| |||||||
| 1 | of one year or longer executed or in effect at the
time the | ||||||
| 2 | lessor would otherwise be subject to the tax imposed by this | ||||||
| 3 | Act, to a
hospital that has been issued an active tax exemption | ||||||
| 4 | identification number by
the Department under Section 1g of the | ||||||
| 5 | Retailers' Occupation Tax Act. If the
equipment is leased in a | ||||||
| 6 | manner that does not qualify for this exemption or is
used in | ||||||
| 7 | any other nonexempt manner, the lessor shall be liable for the | ||||||
| 8 | tax
imposed under this Act or the Service Use Tax Act, as the | ||||||
| 9 | case may be, based on
the fair market value of the property at | ||||||
| 10 | the time the nonqualifying use
occurs. No lessor shall collect | ||||||
| 11 | or attempt to collect an amount (however
designated) that | ||||||
| 12 | purports to reimburse that lessor for the tax imposed by this
| ||||||
| 13 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
| 14 | has not been
paid by the lessor. If a lessor improperly | ||||||
| 15 | collects any such amount from the
lessee, the lessee shall have | ||||||
| 16 | a legal right to claim a refund of that amount
from the lessor. | ||||||
| 17 | If, however, that amount is not refunded to the lessee for
any | ||||||
| 18 | reason, the lessor is liable to pay that amount to the | ||||||
| 19 | Department.
This paragraph is exempt from the provisions of | ||||||
| 20 | Section 3-90.
| ||||||
| 21 | (32) Beginning on
the effective date of this amendatory Act | ||||||
| 22 | of the 92nd General Assembly,
personal property purchased by a | ||||||
| 23 | lessor who leases the property,
under a lease of one year or | ||||||
| 24 | longer executed or in effect at the time the
lessor would | ||||||
| 25 | otherwise be subject to the tax imposed by this Act, to a
| ||||||
| 26 | governmental body that has been issued an active sales tax | ||||||
| |||||||
| |||||||
| 1 | exemption
identification number by the Department under | ||||||
| 2 | Section 1g of the Retailers'
Occupation Tax Act. If the | ||||||
| 3 | property is leased in a manner that does not
qualify for this | ||||||
| 4 | exemption or used in any other nonexempt manner, the lessor
| ||||||
| 5 | shall be liable for the tax imposed under this Act or the | ||||||
| 6 | Service Use Tax Act,
as the case may be, based on the fair | ||||||
| 7 | market value of the property at the time
the nonqualifying use | ||||||
| 8 | occurs. No lessor shall collect or attempt to collect
an amount | ||||||
| 9 | (however designated) that purports to reimburse that lessor for | ||||||
| 10 | the
tax imposed by this Act or the Service Use Tax Act, as the | ||||||
| 11 | case may be, if the
tax has not been paid by the lessor. If a | ||||||
| 12 | lessor improperly collects any such
amount from the lessee, the | ||||||
| 13 | lessee shall have a legal right to claim a refund
of that | ||||||
| 14 | amount from the lessor. If, however, that amount is not | ||||||
| 15 | refunded to
the lessee for any reason, the lessor is liable to | ||||||
| 16 | pay that amount to the
Department. This paragraph is exempt | ||||||
| 17 | from the provisions of Section 3-90.
| ||||||
| 18 | (33) On and after July 1, 2003 and through June 30, 2004, | ||||||
| 19 | the use in this State of motor vehicles of
the second division | ||||||
| 20 | with a gross vehicle weight in excess of 8,000 pounds and
that | ||||||
| 21 | are subject to the commercial distribution fee imposed under | ||||||
| 22 | Section
3-815.1 of the Illinois Vehicle Code. Beginning on July | ||||||
| 23 | 1, 2004 and through June 30, 2005, the use in this State of | ||||||
| 24 | motor vehicles of the second division: (i) with a gross vehicle | ||||||
| 25 | weight rating in excess of 8,000 pounds; (ii) that are subject | ||||||
| 26 | to the commercial distribution fee imposed under Section | ||||||
| |||||||
| |||||||
| 1 | 3-815.1 of the Illinois Vehicle Code; and (iii) that are | ||||||
| 2 | primarily used for commercial purposes. Through June 30, 2005, | ||||||
| 3 | this exemption applies to repair and
replacement parts added | ||||||
| 4 | after the initial purchase of such a motor vehicle if
that | ||||||
| 5 | motor
vehicle is used in a manner that would qualify for the | ||||||
| 6 | rolling stock exemption
otherwise provided for in this Act. For | ||||||
| 7 | purposes of this paragraph, the term "used for commercial | ||||||
| 8 | purposes" means the transportation of persons or property in | ||||||
| 9 | furtherance of any commercial or industrial enterprise, | ||||||
| 10 | whether for-hire or not.
| ||||||
| 11 | (34) Beginning January 1, 2008, tangible personal property | ||||||
| 12 | used in the construction or maintenance of a community water | ||||||
| 13 | supply, as defined under Section 3.145 of the Environmental | ||||||
| 14 | Protection Act, that is operated by a not-for-profit | ||||||
| 15 | corporation that holds a valid water supply permit issued under | ||||||
| 16 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
| 17 | exempt from the provisions of Section 3-90. | ||||||
| 18 | (35) Beginning January 1, 2010, materials, parts, | ||||||
| 19 | equipment, components, and furnishings incorporated into or | ||||||
| 20 | upon an aircraft as part of the modification, refurbishment, | ||||||
| 21 | completion, replacement, repair, or maintenance of the | ||||||
| 22 | aircraft. This exemption includes consumable supplies used in | ||||||
| 23 | the modification, refurbishment, completion, replacement, | ||||||
| 24 | repair, and maintenance of aircraft, but excludes any | ||||||
| 25 | materials, parts, equipment, components, and consumable | ||||||
| 26 | supplies used in the modification, replacement, repair, and | ||||||
| |||||||
| |||||||
| 1 | maintenance of aircraft engines or power plants, whether such | ||||||
| 2 | engines or power plants are installed or uninstalled upon any | ||||||
| 3 | such aircraft. "Consumable supplies" include, but are not | ||||||
| 4 | limited to, adhesive, tape, sandpaper, general purpose | ||||||
| 5 | lubricants, cleaning solution, latex gloves, and protective | ||||||
| 6 | films. This exemption applies only to the use of qualifying | ||||||
| 7 | tangible personal property by persons who modify, refurbish, | ||||||
| 8 | complete, repair, replace, or maintain aircraft and who (i) | ||||||
| 9 | hold an Air Agency Certificate and are empowered to operate an | ||||||
| 10 | approved repair station by the Federal Aviation | ||||||
| 11 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
| 12 | operations in accordance with Part 145 of the Federal Aviation | ||||||
| 13 | Regulations. The exemption does not include aircraft operated | ||||||
| 14 | by a commercial air carrier providing scheduled passenger air | ||||||
| 15 | service pursuant to authority issued under Part 121 or Part 129 | ||||||
| 16 | of the Federal Aviation Regulations. The changes made to this | ||||||
| 17 | paragraph (35) by Public Act 98-534 this amendatory Act of the | ||||||
| 18 | 98th General Assembly are declarative of existing law. | ||||||
| 19 | (36) Tangible personal property purchased by a | ||||||
| 20 | public-facilities corporation, as described in Section | ||||||
| 21 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| 22 | constructing or furnishing a municipal convention hall, but | ||||||
| 23 | only if the legal title to the municipal convention hall is | ||||||
| 24 | transferred to the municipality without any further | ||||||
| 25 | consideration by or on behalf of the municipality at the time | ||||||
| 26 | of the completion of the municipal convention hall or upon the | ||||||
| |||||||
| |||||||
| 1 | retirement or redemption of any bonds or other debt instruments | ||||||
| 2 | issued by the public-facilities corporation in connection with | ||||||
| 3 | the development of the municipal convention hall. This | ||||||
| 4 | exemption includes existing public-facilities corporations as | ||||||
| 5 | provided in Section 11-65-25 of the Illinois Municipal Code. | ||||||
| 6 | This paragraph is exempt from the provisions of Section 3-90. | ||||||
| 7 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, | ||||||
| 8 | eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104, | ||||||
| 9 | eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13; | ||||||
| 10 | 98-534, eff. 8-23-13; 98-574, eff. 1-1-14; 98-583, eff. 1-1-14; | ||||||
| 11 | revised 9-9-13.)
| ||||||
| 12 | (35 ILCS 105/9) (from Ch. 120, par. 439.9) | ||||||
| 13 | Sec. 9. Except as to motor vehicles, watercraft, aircraft, | ||||||
| 14 | and
trailers that are required to be registered with an agency | ||||||
| 15 | of this State,
each retailer
required or authorized to collect | ||||||
| 16 | the tax imposed by this Act shall pay
to the Department the | ||||||
| 17 | amount of such tax (except as otherwise provided)
at the time | ||||||
| 18 | when he is required to file his return for the period during
| ||||||
| 19 | which such tax was collected, less a discount of 2.1% prior to
| ||||||
| 20 | January 1, 1990, and 1.75% on and after January 1, 1990, or $5 | ||||||
| 21 | per calendar
year, whichever is greater, which is allowed to | ||||||
| 22 | reimburse the retailer
for expenses incurred in collecting the | ||||||
| 23 | tax, keeping records, preparing
and filing returns, remitting | ||||||
| 24 | the tax and supplying data to the
Department on request. In the | ||||||
| 25 | case of retailers who report and pay the
tax on a transaction | ||||||
| |||||||
| |||||||
| 1 | by transaction basis, as provided in this Section,
such | ||||||
| 2 | discount shall be taken with each such tax remittance instead | ||||||
| 3 | of
when such retailer files his periodic return. The Department | ||||||
| 4 | may disallow the discount for retailers whose certificate of | ||||||
| 5 | registration is revoked at the time the return is filed, but | ||||||
| 6 | only if the Department's decision to revoke the certificate of | ||||||
| 7 | registration has become final. A retailer need not remit
that | ||||||
| 8 | part of any tax collected by him to the extent that he is | ||||||
| 9 | required
to remit and does remit the tax imposed by the | ||||||
| 10 | Retailers' Occupation
Tax Act, with respect to the sale of the | ||||||
| 11 | same property. | ||||||
| 12 | Where such tangible personal property is sold under a | ||||||
| 13 | conditional
sales contract, or under any other form of sale | ||||||
| 14 | wherein the payment of
the principal sum, or a part thereof, is | ||||||
| 15 | extended beyond the close of
the period for which the return is | ||||||
| 16 | filed, the retailer, in collecting
the tax (except as to motor | ||||||
| 17 | vehicles, watercraft, aircraft, and
trailers that are required | ||||||
| 18 | to be registered with an agency of this State),
may collect for | ||||||
| 19 | each
tax return period, only the tax applicable to that part of | ||||||
| 20 | the selling
price actually received during such tax return | ||||||
| 21 | period. | ||||||
| 22 | Except as provided in this Section, on or before the | ||||||
| 23 | twentieth day of each
calendar month, such retailer shall file | ||||||
| 24 | a return for the preceding
calendar month. Such return shall be | ||||||
| 25 | filed on forms prescribed by the
Department and shall furnish | ||||||
| 26 | such information as the Department may
reasonably require. | ||||||
| |||||||
| |||||||
| 1 | The Department may require returns to be filed on a | ||||||
| 2 | quarterly basis.
If so required, a return for each calendar | ||||||
| 3 | quarter shall be filed on or
before the twentieth day of the | ||||||
| 4 | calendar month following the end of such
calendar quarter. The | ||||||
| 5 | taxpayer shall also file a return with the
Department for each | ||||||
| 6 | of the first two months of each calendar quarter, on or
before | ||||||
| 7 | the twentieth day of the following calendar month, stating: | ||||||
| 8 | 1. The name of the seller; | ||||||
| 9 | 2. The address of the principal place of business from | ||||||
| 10 | which he engages
in the business of selling tangible | ||||||
| 11 | personal property at retail in this State; | ||||||
| 12 | 3. The total amount of taxable receipts received by him | ||||||
| 13 | during the
preceding calendar month from sales of tangible | ||||||
| 14 | personal property by him
during such preceding calendar | ||||||
| 15 | month, including receipts from charge and
time sales, but | ||||||
| 16 | less all deductions allowed by law; | ||||||
| 17 | 4. The amount of credit provided in Section 2d of this | ||||||
| 18 | Act; | ||||||
| 19 | 5. The amount of tax due; | ||||||
| 20 | 5-5. The signature of the taxpayer; and | ||||||
| 21 | 6. Such other reasonable information as the Department | ||||||
| 22 | may
require. | ||||||
| 23 | If a taxpayer fails to sign a return within 30 days after | ||||||
| 24 | the proper notice
and demand for signature by the Department, | ||||||
| 25 | the return shall be considered
valid and any amount shown to be | ||||||
| 26 | due on the return shall be deemed assessed. | ||||||
| |||||||
| |||||||
| 1 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
| 2 | monthly tax
liability of $150,000 or more shall make all | ||||||
| 3 | payments required by rules of the
Department by electronic | ||||||
| 4 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
| 5 | an average monthly tax liability of $100,000 or more shall make | ||||||
| 6 | all
payments required by rules of the Department by electronic | ||||||
| 7 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
| 8 | an average monthly tax liability
of $50,000 or more shall make | ||||||
| 9 | all payments required by rules of the Department
by electronic | ||||||
| 10 | funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||||||
| 11 | an annual tax liability of $200,000 or more shall make all | ||||||
| 12 | payments required by
rules of the Department by electronic | ||||||
| 13 | funds transfer. The term "annual tax
liability" shall be the | ||||||
| 14 | sum of the taxpayer's liabilities under this Act, and
under all | ||||||
| 15 | other State and local occupation and use tax laws administered | ||||||
| 16 | by the
Department, for the immediately preceding calendar year. | ||||||
| 17 | The term "average
monthly tax liability" means
the sum of the | ||||||
| 18 | taxpayer's liabilities under this Act, and under all other | ||||||
| 19 | State
and local occupation and use tax laws administered by the | ||||||
| 20 | Department, for the
immediately preceding calendar year | ||||||
| 21 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
| 22 | a tax liability in the
amount set forth in subsection (b) of | ||||||
| 23 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
| 24 | all payments required by rules of the Department by
electronic | ||||||
| 25 | funds transfer. | ||||||
| 26 | Before August 1 of each year beginning in 1993, the | ||||||
| |||||||
| |||||||
| 1 | Department shall notify
all taxpayers required to make payments | ||||||
| 2 | by electronic funds transfer. All
taxpayers required to make | ||||||
| 3 | payments by electronic funds transfer shall make
those payments | ||||||
| 4 | for a minimum of one year beginning on October 1. | ||||||
| 5 | Any taxpayer not required to make payments by electronic | ||||||
| 6 | funds transfer may
make payments by electronic funds transfer | ||||||
| 7 | with the permission of the
Department. | ||||||
| 8 | All taxpayers required to make payment by electronic funds | ||||||
| 9 | transfer and any
taxpayers authorized to voluntarily make | ||||||
| 10 | payments by electronic funds transfer
shall make those payments | ||||||
| 11 | in the manner authorized by the Department. | ||||||
| 12 | The Department shall adopt such rules as are necessary to | ||||||
| 13 | effectuate a
program of electronic funds transfer and the | ||||||
| 14 | requirements of this Section. | ||||||
| 15 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
| 16 | tax liability
to the Department
under this Act, the Retailers' | ||||||
| 17 | Occupation Tax Act, the Service
Occupation Tax Act, the Service | ||||||
| 18 | Use Tax Act was $10,000 or more
during
the preceding 4 complete | ||||||
| 19 | calendar quarters, he shall file a return with the
Department | ||||||
| 20 | each month by the 20th day of the month next following the | ||||||
| 21 | month
during which such tax liability is incurred and shall | ||||||
| 22 | make payments to the
Department on or before the 7th, 15th, | ||||||
| 23 | 22nd and last day of the month
during which such liability is | ||||||
| 24 | incurred.
On and after October 1, 2000, if the taxpayer's | ||||||
| 25 | average monthly tax liability
to the Department under this Act, | ||||||
| 26 | the Retailers' Occupation Tax Act,
the
Service Occupation Tax | ||||||
| |||||||
| |||||||
| 1 | Act, and the Service Use Tax Act was $20,000 or more
during the | ||||||
| 2 | preceding 4 complete calendar quarters, he shall file a return | ||||||
| 3 | with
the Department each month by the 20th day of the month | ||||||
| 4 | next following the month
during which such tax liability is | ||||||
| 5 | incurred and shall make payment to the
Department on or before | ||||||
| 6 | the 7th, 15th, 22nd and last day of the
month during
which such | ||||||
| 7 | liability is incurred.
If the month during which such tax
| ||||||
| 8 | liability is incurred began prior to January 1, 1985, each | ||||||
| 9 | payment shall be
in an amount equal to 1/4 of the taxpayer's
| ||||||
| 10 | actual liability for the month or an amount set by the | ||||||
| 11 | Department not to
exceed 1/4 of the average monthly liability | ||||||
| 12 | of the taxpayer to the
Department for the preceding 4 complete | ||||||
| 13 | calendar quarters (excluding the
month of highest liability and | ||||||
| 14 | the month of lowest liability in such 4
quarter period). If the | ||||||
| 15 | month during which such tax liability is incurred
begins on or | ||||||
| 16 | after January 1, 1985, and prior to January 1, 1987, each
| ||||||
| 17 | payment shall be in an amount equal to 22.5% of the taxpayer's | ||||||
| 18 | actual liability
for the month or 27.5% of the taxpayer's | ||||||
| 19 | liability for the same calendar
month of the preceding year. If | ||||||
| 20 | the month during which such tax liability
is incurred begins on | ||||||
| 21 | or after January 1, 1987, and prior to January 1,
1988, each | ||||||
| 22 | payment shall be in an amount equal to 22.5% of the taxpayer's
| ||||||
| 23 | actual liability for the month or 26.25% of the taxpayer's | ||||||
| 24 | liability for
the same calendar month of the preceding year. If | ||||||
| 25 | the month during which such
tax liability is incurred begins on | ||||||
| 26 | or after January 1, 1988, and prior to
January 1, 1989,
or | ||||||
| |||||||
| |||||||
| 1 | begins on or after January 1, 1996, each payment shall be in an | ||||||
| 2 | amount equal
to 22.5% of the taxpayer's actual liability for | ||||||
| 3 | the month or 25% of the
taxpayer's liability for the same | ||||||
| 4 | calendar month of the preceding year. If the
month during which | ||||||
| 5 | such tax liability is incurred begins on or after January 1,
| ||||||
| 6 | 1989,
and prior to January 1, 1996, each payment shall be in an | ||||||
| 7 | amount equal to 22.5%
of the taxpayer's actual liability for | ||||||
| 8 | the month or 25% of the taxpayer's
liability for the same | ||||||
| 9 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
| 10 | actual liability for the quarter monthly reporting period. The
| ||||||
| 11 | amount of such quarter monthly payments shall be credited | ||||||
| 12 | against the final tax
liability
of the taxpayer's return for | ||||||
| 13 | that month. Before October 1, 2000, once
applicable, the | ||||||
| 14 | requirement
of the making of quarter monthly payments to the | ||||||
| 15 | Department shall continue
until such taxpayer's average | ||||||
| 16 | monthly liability to the Department during
the preceding 4 | ||||||
| 17 | complete calendar quarters (excluding the month of highest
| ||||||
| 18 | liability and the month of lowest liability) is less than
| ||||||
| 19 | $9,000, or until
such taxpayer's average monthly liability to | ||||||
| 20 | the Department as computed for
each calendar quarter of the 4 | ||||||
| 21 | preceding complete calendar quarter period
is less than | ||||||
| 22 | $10,000. However, if a taxpayer can show the
Department that
a | ||||||
| 23 | substantial change in the taxpayer's business has occurred | ||||||
| 24 | which causes
the taxpayer to anticipate that his average | ||||||
| 25 | monthly tax liability for the
reasonably foreseeable future | ||||||
| 26 | will fall below the $10,000 threshold
stated above, then
such | ||||||
| |||||||
| |||||||
| 1 | taxpayer
may petition the Department for change in such | ||||||
| 2 | taxpayer's reporting status.
On and after October 1, 2000, once | ||||||
| 3 | applicable, the requirement of the making
of quarter monthly | ||||||
| 4 | payments to the Department shall continue until such
taxpayer's | ||||||
| 5 | average monthly liability to the Department during the | ||||||
| 6 | preceding 4
complete calendar quarters (excluding the month of | ||||||
| 7 | highest liability and the
month of lowest liability) is less | ||||||
| 8 | than $19,000 or until such taxpayer's
average monthly liability | ||||||
| 9 | to the Department as computed for each calendar
quarter of the | ||||||
| 10 | 4 preceding complete calendar quarter period is less than
| ||||||
| 11 | $20,000. However, if a taxpayer can show the Department that a | ||||||
| 12 | substantial
change in the taxpayer's business has occurred | ||||||
| 13 | which causes the taxpayer to
anticipate that his average | ||||||
| 14 | monthly tax liability for the reasonably
foreseeable future | ||||||
| 15 | will fall below the $20,000 threshold stated above, then
such | ||||||
| 16 | taxpayer may petition the Department for a change in such | ||||||
| 17 | taxpayer's
reporting status.
The Department shall change such | ||||||
| 18 | taxpayer's reporting status unless it
finds that such change is | ||||||
| 19 | seasonal in nature and not likely to be long
term. If any such | ||||||
| 20 | quarter monthly payment is not paid at the time or in
the | ||||||
| 21 | amount required by this Section, then the taxpayer shall be | ||||||
| 22 | liable for
penalties and interest on
the difference between the | ||||||
| 23 | minimum amount due and the amount of such
quarter monthly | ||||||
| 24 | payment actually and timely paid, except insofar as the
| ||||||
| 25 | taxpayer has previously made payments for that month to the | ||||||
| 26 | Department in
excess of the minimum payments previously due as | ||||||
| |||||||
| |||||||
| 1 | provided in this Section.
The Department shall make reasonable | ||||||
| 2 | rules and regulations to govern the
quarter monthly payment | ||||||
| 3 | amount and quarter monthly payment dates for
taxpayers who file | ||||||
| 4 | on other than a calendar monthly basis. | ||||||
| 5 | If any such payment provided for in this Section exceeds | ||||||
| 6 | the taxpayer's
liabilities under this Act, the Retailers' | ||||||
| 7 | Occupation Tax Act, the Service
Occupation Tax Act and the | ||||||
| 8 | Service Use Tax Act, as shown by an original
monthly return, | ||||||
| 9 | the Department shall issue to the taxpayer a credit
memorandum | ||||||
| 10 | no later than 30 days after the date of payment, which
| ||||||
| 11 | memorandum may be submitted by the taxpayer to the Department | ||||||
| 12 | in payment of
tax liability subsequently to be remitted by the | ||||||
| 13 | taxpayer to the Department
or be assigned by the taxpayer to a | ||||||
| 14 | similar taxpayer under this Act, the
Retailers' Occupation Tax | ||||||
| 15 | Act, the Service Occupation Tax Act or the
Service Use Tax Act, | ||||||
| 16 | in accordance with reasonable rules and regulations to
be | ||||||
| 17 | prescribed by the Department, except that if such excess | ||||||
| 18 | payment is
shown on an original monthly return and is made | ||||||
| 19 | after December 31, 1986, no
credit memorandum shall be issued, | ||||||
| 20 | unless requested by the taxpayer. If no
such request is made, | ||||||
| 21 | the taxpayer may credit such excess payment against
tax | ||||||
| 22 | liability subsequently to be remitted by the taxpayer to the | ||||||
| 23 | Department
under this Act, the Retailers' Occupation Tax Act, | ||||||
| 24 | the Service Occupation
Tax Act or the Service Use Tax Act, in | ||||||
| 25 | accordance with reasonable rules and
regulations prescribed by | ||||||
| 26 | the Department. If the Department subsequently
determines that | ||||||
| |||||||
| |||||||
| 1 | all or any part of the credit taken was not actually due to
the | ||||||
| 2 | taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall | ||||||
| 3 | be
reduced by 2.1% or 1.75% of the difference between the | ||||||
| 4 | credit taken and
that actually due, and the taxpayer shall be | ||||||
| 5 | liable for penalties and
interest on such difference. | ||||||
| 6 | If the retailer is otherwise required to file a monthly | ||||||
| 7 | return and if the
retailer's average monthly tax liability to | ||||||
| 8 | the Department
does not exceed $200, the Department may | ||||||
| 9 | authorize his returns to be
filed on a quarter annual basis, | ||||||
| 10 | with the return for January, February,
and March of a given | ||||||
| 11 | year being due by April 20 of such year; with the
return for | ||||||
| 12 | April, May and June of a given year being due by July 20 of
such | ||||||
| 13 | year; with the return for July, August and September of a given
| ||||||
| 14 | year being due by October 20 of such year, and with the return | ||||||
| 15 | for
October, November and December of a given year being due by | ||||||
| 16 | January 20
of the following year. | ||||||
| 17 | If the retailer is otherwise required to file a monthly or | ||||||
| 18 | quarterly
return and if the retailer's average monthly tax | ||||||
| 19 | liability to the
Department does not exceed $50, the Department | ||||||
| 20 | may authorize his returns to
be filed on an annual basis, with | ||||||
| 21 | the return for a given year being due by
January 20 of the | ||||||
| 22 | following year. | ||||||
| 23 | Such quarter annual and annual returns, as to form and | ||||||
| 24 | substance,
shall be subject to the same requirements as monthly | ||||||
| 25 | returns. | ||||||
| 26 | Notwithstanding any other provision in this Act concerning | ||||||
| |||||||
| |||||||
| 1 | the time
within which a retailer may file his return, in the | ||||||
| 2 | case of any retailer
who ceases to engage in a kind of business | ||||||
| 3 | which makes him responsible
for filing returns under this Act, | ||||||
| 4 | such retailer shall file a final
return under this Act with the | ||||||
| 5 | Department not more than one month after
discontinuing such | ||||||
| 6 | business. | ||||||
| 7 | In addition, with respect to motor vehicles, watercraft,
| ||||||
| 8 | aircraft, and trailers that are required to be registered with | ||||||
| 9 | an agency of
this State, every
retailer selling this kind of | ||||||
| 10 | tangible personal property shall file,
with the Department, | ||||||
| 11 | upon a form to be prescribed and supplied by the
Department, a | ||||||
| 12 | separate return for each such item of tangible personal
| ||||||
| 13 | property which the retailer sells, except that if, in the same
| ||||||
| 14 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
| 15 | vehicles or
trailers transfers more than
one aircraft, | ||||||
| 16 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
| 17 | watercraft, motor vehicle or
trailer retailer for the purpose | ||||||
| 18 | of resale
or (ii) a retailer of aircraft, watercraft, motor | ||||||
| 19 | vehicles, or trailers
transfers more than one aircraft, | ||||||
| 20 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
| 21 | a qualifying rolling stock as provided in Section 3-55 of
this | ||||||
| 22 | Act, then
that seller may report the transfer of all the
| ||||||
| 23 | aircraft, watercraft, motor
vehicles
or trailers involved in | ||||||
| 24 | that transaction to the Department on the same
uniform
| ||||||
| 25 | invoice-transaction reporting return form.
For purposes of | ||||||
| 26 | this Section, "watercraft" means a Class 2, Class 3, or
Class
4 | ||||||
| |||||||
| |||||||
| 1 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
| 2 | and Safety Act,
a
personal watercraft, or any boat equipped | ||||||
| 3 | with an inboard motor. | ||||||
| 4 | The transaction reporting return in the case of motor | ||||||
| 5 | vehicles
or trailers that are required to be registered with an | ||||||
| 6 | agency of this
State, shall
be the same document as the Uniform | ||||||
| 7 | Invoice referred to in Section 5-402
of the Illinois Vehicle | ||||||
| 8 | Code and must show the name and address of the
seller; the name | ||||||
| 9 | and address of the purchaser; the amount of the selling
price | ||||||
| 10 | including the amount allowed by the retailer for traded-in
| ||||||
| 11 | property, if any; the amount allowed by the retailer for the | ||||||
| 12 | traded-in
tangible personal property, if any, to the extent to | ||||||
| 13 | which Section 2 of
this Act allows an exemption for the value | ||||||
| 14 | of traded-in property; the
balance payable after deducting such | ||||||
| 15 | trade-in allowance from the total
selling price; the amount of | ||||||
| 16 | tax due from the retailer with respect to
such transaction; the | ||||||
| 17 | amount of tax collected from the purchaser by the
retailer on | ||||||
| 18 | such transaction (or satisfactory evidence that such tax is
not | ||||||
| 19 | due in that particular instance, if that is claimed to be the | ||||||
| 20 | fact);
the place and date of the sale; a sufficient | ||||||
| 21 | identification of the
property sold; such other information as | ||||||
| 22 | is required in Section 5-402 of
the Illinois Vehicle Code, and | ||||||
| 23 | such other information as the Department
may reasonably | ||||||
| 24 | require. | ||||||
| 25 | The transaction reporting return in the case of watercraft
| ||||||
| 26 | and aircraft must show
the name and address of the seller; the | ||||||
| |||||||
| |||||||
| 1 | name and address of the
purchaser; the amount of the selling | ||||||
| 2 | price including the amount allowed
by the retailer for | ||||||
| 3 | traded-in property, if any; the amount allowed by
the retailer | ||||||
| 4 | for the traded-in tangible personal property, if any, to
the | ||||||
| 5 | extent to which Section 2 of this Act allows an exemption for | ||||||
| 6 | the
value of traded-in property; the balance payable after | ||||||
| 7 | deducting such
trade-in allowance from the total selling price; | ||||||
| 8 | the amount of tax due
from the retailer with respect to such | ||||||
| 9 | transaction; the amount of tax
collected from the purchaser by | ||||||
| 10 | the retailer on such transaction (or
satisfactory evidence that | ||||||
| 11 | such tax is not due in that particular
instance, if that is | ||||||
| 12 | claimed to be the fact); the place and date of the
sale, a | ||||||
| 13 | sufficient identification of the property sold, and such other
| ||||||
| 14 | information as the Department may reasonably require. | ||||||
| 15 | Such transaction reporting return shall be filed not later | ||||||
| 16 | than 20
days after the date of delivery of the item that is | ||||||
| 17 | being sold, but may
be filed by the retailer at any time sooner | ||||||
| 18 | than that if he chooses to
do so. The transaction reporting | ||||||
| 19 | return and tax remittance or proof of
exemption from the tax | ||||||
| 20 | that is imposed by this Act may be transmitted to
the | ||||||
| 21 | Department by way of the State agency with which, or State | ||||||
| 22 | officer
with whom, the tangible personal property must be | ||||||
| 23 | titled or registered
(if titling or registration is required) | ||||||
| 24 | if the Department and such
agency or State officer determine | ||||||
| 25 | that this procedure will expedite the
processing of | ||||||
| 26 | applications for title or registration. | ||||||
| |||||||
| |||||||
| 1 | With each such transaction reporting return, the retailer | ||||||
| 2 | shall remit
the proper amount of tax due (or shall submit | ||||||
| 3 | satisfactory evidence that
the sale is not taxable if that is | ||||||
| 4 | the case), to the Department or its
agents, whereupon the | ||||||
| 5 | Department shall issue, in the purchaser's name, a
tax receipt | ||||||
| 6 | (or a certificate of exemption if the Department is
satisfied | ||||||
| 7 | that the particular sale is tax exempt) which such purchaser
| ||||||
| 8 | may submit to the agency with which, or State officer with | ||||||
| 9 | whom, he must
title or register the tangible personal property | ||||||
| 10 | that is involved (if
titling or registration is required) in | ||||||
| 11 | support of such purchaser's
application for an Illinois | ||||||
| 12 | certificate or other evidence of title or
registration to such | ||||||
| 13 | tangible personal property. | ||||||
| 14 | No retailer's failure or refusal to remit tax under this | ||||||
| 15 | Act
precludes a user, who has paid the proper tax to the | ||||||
| 16 | retailer, from
obtaining his certificate of title or other | ||||||
| 17 | evidence of title or
registration (if titling or registration | ||||||
| 18 | is required) upon satisfying
the Department that such user has | ||||||
| 19 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
| 20 | Department shall adopt appropriate rules to carry out
the | ||||||
| 21 | mandate of this paragraph. | ||||||
| 22 | If the user who would otherwise pay tax to the retailer | ||||||
| 23 | wants the
transaction reporting return filed and the payment of | ||||||
| 24 | tax or proof of
exemption made to the Department before the | ||||||
| 25 | retailer is willing to take
these actions and such user has not | ||||||
| 26 | paid the tax to the retailer, such
user may certify to the fact | ||||||
| |||||||
| |||||||
| 1 | of such delay by the retailer, and may
(upon the Department | ||||||
| 2 | being satisfied of the truth of such certification)
transmit | ||||||
| 3 | the information required by the transaction reporting return
| ||||||
| 4 | and the remittance for tax or proof of exemption directly to | ||||||
| 5 | the
Department and obtain his tax receipt or exemption | ||||||
| 6 | determination, in
which event the transaction reporting return | ||||||
| 7 | and tax remittance (if a
tax payment was required) shall be | ||||||
| 8 | credited by the Department to the
proper retailer's account | ||||||
| 9 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
| 10 | provided for in this Section being allowed. When the user pays
| ||||||
| 11 | the tax directly to the Department, he shall pay the tax in the | ||||||
| 12 | same
amount and in the same form in which it would be remitted | ||||||
| 13 | if the tax had
been remitted to the Department by the retailer. | ||||||
| 14 | Where a retailer collects the tax with respect to the | ||||||
| 15 | selling price
of tangible personal property which he sells and | ||||||
| 16 | the purchaser
thereafter returns such tangible personal | ||||||
| 17 | property and the retailer
refunds the selling price thereof to | ||||||
| 18 | the purchaser, such retailer shall
also refund, to the | ||||||
| 19 | purchaser, the tax so collected from the purchaser.
When filing | ||||||
| 20 | his return for the period in which he refunds such tax to
the | ||||||
| 21 | purchaser, the retailer may deduct the amount of the tax so | ||||||
| 22 | refunded
by him to the purchaser from any other use tax which | ||||||
| 23 | such retailer may
be required to pay or remit to the | ||||||
| 24 | Department, as shown by such return,
if the amount of the tax | ||||||
| 25 | to be deducted was previously remitted to the
Department by | ||||||
| 26 | such retailer. If the retailer has not previously
remitted the | ||||||
| |||||||
| |||||||
| 1 | amount of such tax to the Department, he is entitled to no
| ||||||
| 2 | deduction under this Act upon refunding such tax to the | ||||||
| 3 | purchaser. | ||||||
| 4 | Any retailer filing a return under this Section shall also | ||||||
| 5 | include
(for the purpose of paying tax thereon) the total tax | ||||||
| 6 | covered by such
return upon the selling price of tangible | ||||||
| 7 | personal property purchased by
him at retail from a retailer, | ||||||
| 8 | but as to which the tax imposed by this
Act was not collected | ||||||
| 9 | from the retailer filing such return, and such
retailer shall | ||||||
| 10 | remit the amount of such tax to the Department when
filing such | ||||||
| 11 | return. | ||||||
| 12 | If experience indicates such action to be practicable, the | ||||||
| 13 | Department
may prescribe and furnish a combination or joint | ||||||
| 14 | return which will
enable retailers, who are required to file | ||||||
| 15 | returns hereunder and also
under the Retailers' Occupation Tax | ||||||
| 16 | Act, to furnish all the return
information required by both | ||||||
| 17 | Acts on the one form. | ||||||
| 18 | Where the retailer has more than one business registered | ||||||
| 19 | with the
Department under separate registration under this Act, | ||||||
| 20 | such retailer may
not file each return that is due as a single | ||||||
| 21 | return covering all such
registered businesses, but shall file | ||||||
| 22 | separate returns for each such
registered business. | ||||||
| 23 | Beginning January 1, 1990, each month the Department shall | ||||||
| 24 | pay into the
State and Local Sales Tax Reform Fund, a special | ||||||
| 25 | fund in the State Treasury
which is hereby created, the net | ||||||
| 26 | revenue realized for the preceding month
from the 1% tax on | ||||||
| |||||||
| |||||||
| 1 | sales of food for human consumption which is to be
consumed off | ||||||
| 2 | the premises where it is sold (other than alcoholic beverages,
| ||||||
| 3 | soft drinks and food which has been prepared for immediate | ||||||
| 4 | consumption) and
prescription and nonprescription medicines, | ||||||
| 5 | drugs, medical appliances and
insulin, urine testing | ||||||
| 6 | materials, syringes and needles used by diabetics. | ||||||
| 7 | Beginning January 1, 1990, each month the Department shall | ||||||
| 8 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
| 9 | net revenue realized
for the preceding month from the 6.25% | ||||||
| 10 | general rate
on the selling price of tangible personal property | ||||||
| 11 | which is purchased
outside Illinois at retail from a retailer | ||||||
| 12 | and which is titled or
registered by an agency of this State's | ||||||
| 13 | government. | ||||||
| 14 | Beginning January 1, 1990, each month the Department shall | ||||||
| 15 | pay into
the State and Local Sales Tax Reform Fund, a special | ||||||
| 16 | fund in the State
Treasury, 20% of the net revenue realized
for | ||||||
| 17 | the preceding month from the 6.25% general rate on the selling
| ||||||
| 18 | price of tangible personal property, other than tangible | ||||||
| 19 | personal property
which is purchased outside Illinois at retail | ||||||
| 20 | from a retailer and which is
titled or registered by an agency | ||||||
| 21 | of this State's government. | ||||||
| 22 | Beginning August 1, 2000, each
month the Department shall | ||||||
| 23 | pay into the
State and Local Sales Tax Reform Fund 100% of the | ||||||
| 24 | net revenue realized for the
preceding month from the 1.25% | ||||||
| 25 | rate on the selling price of motor fuel and
gasohol. Beginning | ||||||
| 26 | September 1, 2010, each
month the Department shall pay into the
| ||||||
| |||||||
| |||||||
| 1 | State and Local Sales Tax Reform Fund 100% of the net revenue | ||||||
| 2 | realized for the
preceding month from the 1.25% rate on the | ||||||
| 3 | selling price of sales tax holiday items. | ||||||
| 4 | Beginning January 1, 1990, each month the Department shall | ||||||
| 5 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
| 6 | realized for the
preceding month from the 6.25% general rate on | ||||||
| 7 | the selling price of
tangible personal property which is | ||||||
| 8 | purchased outside Illinois at retail
from a retailer and which | ||||||
| 9 | is titled or registered by an agency of this
State's | ||||||
| 10 | government. | ||||||
| 11 | Beginning October 1, 2009, each month the Department shall | ||||||
| 12 | pay into the Capital Projects Fund an amount that is equal to | ||||||
| 13 | an amount estimated by the Department to represent 80% of the | ||||||
| 14 | net revenue realized for the preceding month from the sale of | ||||||
| 15 | candy, grooming and hygiene products, and soft drinks that had | ||||||
| 16 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
| 17 | are is now taxed at 6.25%. | ||||||
| 18 | Beginning July 1, 2011, each
month the Department shall pay | ||||||
| 19 | into the Clean Air Act (CAA) Permit Fund 80% of the net revenue | ||||||
| 20 | realized for the
preceding month from the 6.25% general rate on | ||||||
| 21 | the selling price of sorbents used in Illinois in the process | ||||||
| 22 | of sorbent injection as used to comply with the Environmental | ||||||
| 23 | Protection Act or the federal Clean Air Act, but the total | ||||||
| 24 | payment into the Clean Air Act (CAA) Permit Fund under this Act | ||||||
| 25 | and the Retailers' Occupation Tax Act shall not exceed | ||||||
| 26 | $2,000,000 in any fiscal year. | ||||||
| |||||||
| |||||||
| 1 | Beginning July 1, 2013, each month the Department shall pay | ||||||
| 2 | into the Underground Storage Tank Fund from the proceeds | ||||||
| 3 | collected under this Act, the Service Use Tax Act, the Service | ||||||
| 4 | Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||||||
| 5 | amount equal to the average monthly deficit in the Underground | ||||||
| 6 | Storage Tank Fund during the prior year, as certified annually | ||||||
| 7 | by the Illinois Environmental Protection Agency, but the total | ||||||
| 8 | payment into the Underground Storage Tank Fund under this Act, | ||||||
| 9 | the Service Use Tax Act, the Service Occupation Tax Act, and | ||||||
| 10 | the Retailers' Occupation Tax Act shall not exceed $18,000,000 | ||||||
| 11 | in any State fiscal year. As used in this paragraph, the | ||||||
| 12 | "average monthly deficit" shall be equal to the difference | ||||||
| 13 | between the average monthly claims for payment by the fund and | ||||||
| 14 | the average monthly revenues deposited into the fund, excluding | ||||||
| 15 | payments made pursuant to this paragraph. | ||||||
| 16 | Of the remainder of the moneys received by the Department | ||||||
| 17 | pursuant to
this Act, (a) 1.75% thereof shall be paid
into the | ||||||
| 18 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and
on | ||||||
| 19 | and after July 1, 1989, 3.8% thereof shall be paid into the
| ||||||
| 20 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
| 21 | year the
sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
| 22 | may be, of the
moneys received by the Department and required | ||||||
| 23 | to be paid into the Build
Illinois Fund pursuant to Section 3 | ||||||
| 24 | of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax | ||||||
| 25 | Act, Section 9 of the Service Use
Tax Act, and Section 9 of the | ||||||
| 26 | Service Occupation Tax Act, such Acts being
hereinafter called | ||||||
| |||||||
| |||||||
| 1 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as
the case | ||||||
| 2 | may be, of moneys being hereinafter called the "Tax Act | ||||||
| 3 | Amount",
and (2) the amount transferred to the Build Illinois | ||||||
| 4 | Fund from the State
and Local Sales Tax Reform Fund shall be | ||||||
| 5 | less than the Annual Specified
Amount (as defined in Section 3 | ||||||
| 6 | of the Retailers' Occupation Tax Act), an
amount equal to the | ||||||
| 7 | difference shall be immediately paid into the Build
Illinois | ||||||
| 8 | Fund from other moneys received by the Department pursuant to | ||||||
| 9 | the
Tax Acts; and further provided, that if on the last | ||||||
| 10 | business day of any
month the sum of (1) the Tax Act Amount | ||||||
| 11 | required to be deposited into the
Build Illinois Bond Account | ||||||
| 12 | in the Build Illinois Fund during such month
and (2) the amount | ||||||
| 13 | transferred during such month to the Build Illinois Fund
from | ||||||
| 14 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
| 15 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
| 16 | the difference
shall be immediately paid into the Build | ||||||
| 17 | Illinois Fund from other moneys
received by the Department | ||||||
| 18 | pursuant to the Tax Acts; and,
further provided, that in no | ||||||
| 19 | event shall the payments required under the
preceding proviso | ||||||
| 20 | result in aggregate payments into the Build Illinois Fund
| ||||||
| 21 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
| 22 | the greater
of (i) the Tax Act Amount or (ii) the Annual | ||||||
| 23 | Specified Amount for such
fiscal year; and, further provided, | ||||||
| 24 | that the amounts payable into the Build
Illinois Fund under | ||||||
| 25 | this clause (b) shall be payable only until such time
as the | ||||||
| 26 | aggregate amount on deposit under each trust
indenture securing | ||||||
| |||||||
| |||||||
| 1 | Bonds issued and outstanding pursuant to the Build
Illinois | ||||||
| 2 | Bond Act is sufficient, taking into account any future | ||||||
| 3 | investment
income, to fully provide, in accordance with such | ||||||
| 4 | indenture, for the
defeasance of or the payment of the | ||||||
| 5 | principal of, premium, if any, and
interest on the Bonds | ||||||
| 6 | secured by such indenture and on any Bonds expected
to be | ||||||
| 7 | issued thereafter and all fees and costs payable with respect | ||||||
| 8 | thereto,
all as certified by the Director of the
Bureau of the | ||||||
| 9 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
| 10 | the last
business day of any month in which Bonds are | ||||||
| 11 | outstanding pursuant to the
Build Illinois Bond Act, the | ||||||
| 12 | aggregate of the moneys deposited
in the Build Illinois Bond | ||||||
| 13 | Account in the Build Illinois Fund in such month
shall be less | ||||||
| 14 | than the amount required to be transferred in such month from
| ||||||
| 15 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
| 16 | Retirement and
Interest Fund pursuant to Section 13 of the | ||||||
| 17 | Build Illinois Bond Act, an
amount equal to such deficiency | ||||||
| 18 | shall be immediately paid
from other moneys received by the | ||||||
| 19 | Department pursuant to the Tax Acts
to the Build Illinois Fund; | ||||||
| 20 | provided, however, that any amounts paid to the
Build Illinois | ||||||
| 21 | Fund in any fiscal year pursuant to this sentence shall be
| ||||||
| 22 | deemed to constitute payments pursuant to clause (b) of the | ||||||
| 23 | preceding
sentence and shall reduce the amount otherwise | ||||||
| 24 | payable for such fiscal year
pursuant to clause (b) of the | ||||||
| 25 | preceding sentence. The moneys received by
the Department | ||||||
| 26 | pursuant to this Act and required to be deposited into the
| ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | Build Illinois Fund are subject to the pledge, claim and charge | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | set forth
in Section 12 of the Build Illinois Bond Act. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | as provided in
the preceding paragraph or in any amendment | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | thereto hereafter enacted, the
following specified monthly | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | installment of the amount requested in the
certificate of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | Chairman of the Metropolitan Pier and Exposition
Authority | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | provided under Section 8.25f of the State Finance Act, but not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | in
excess of the sums designated as "Total Deposit", shall be
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | deposited in the aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | the Use Tax
Act, Section 9 of the Service Use Tax Act, Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | 9 of the Service
Occupation Tax Act, and Section 3 of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | Retailers' Occupation Tax Act into
the McCormick Place | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 14 | certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 15 | Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 16 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 17 | the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | (g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 19 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | required under this Section for previous
months and years, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | shall be deposited into the McCormick Place Expansion
Project | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | Fund, until the full amount requested for the fiscal year, but | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | not
in excess of the amount specified above as "Total Deposit", | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | has been deposited. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | preceding paragraphs or
in any amendments thereto
hereafter | ||||||
| 2 | enacted,
beginning July 1, 1993 and ending on September 30, | ||||||
| 3 | 2013, the Department shall each month pay into the Illinois
Tax | ||||||
| 4 | Increment Fund 0.27% of 80% of the net revenue realized for the | ||||||
| 5 | preceding
month from the 6.25% general rate on the selling | ||||||
| 6 | price of tangible personal
property. | ||||||
| 7 | Subject to payment of amounts into the Build Illinois Fund | ||||||
| 8 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
| 9 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
| 10 | enacted, beginning with the receipt of the first
report of | ||||||
| 11 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
| 12 | period, the Department shall each month pay into the Energy | ||||||
| 13 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
| 14 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
| 15 | that was sold to an eligible business.
For purposes of this | ||||||
| 16 | paragraph, the term "eligible business" means a new
electric | ||||||
| 17 | generating facility certified pursuant to Section 605-332 of | ||||||
| 18 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
| 19 | Civil Administrative
Code of Illinois. | ||||||
| 20 | Of the remainder of the moneys received by the Department | ||||||
| 21 | pursuant
to this Act, 75% thereof shall be paid into the State | ||||||
| 22 | Treasury and 25%
shall be reserved in a special account and | ||||||
| 23 | used only for the transfer to
the Common School Fund as part of | ||||||
| 24 | the monthly transfer from the General
Revenue Fund in | ||||||
| 25 | accordance with Section 8a of the State
Finance Act. | ||||||
| 26 | As soon as possible after the first day of each month, upon | ||||||
| |||||||
| |||||||
| 1 | certification
of the Department of Revenue, the Comptroller | ||||||
| 2 | shall order transferred and
the Treasurer shall transfer from | ||||||
| 3 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
| 4 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
| 5 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
| 6 | transfer is no longer required
and shall not be made. | ||||||
| 7 | Net revenue realized for a month shall be the revenue | ||||||
| 8 | collected
by the State pursuant to this Act, less the amount | ||||||
| 9 | paid out during that
month as refunds to taxpayers for | ||||||
| 10 | overpayment of liability. | ||||||
| 11 | For greater simplicity of administration, manufacturers, | ||||||
| 12 | importers
and wholesalers whose products are sold at retail in | ||||||
| 13 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
| 14 | assume the responsibility
for accounting and paying to the | ||||||
| 15 | Department all tax accruing under this
Act with respect to such | ||||||
| 16 | sales, if the retailers who are affected do not
make written | ||||||
| 17 | objection to the Department to this arrangement. | ||||||
| 18 | (Source: P.A. 97-95, eff. 7-12-11; 97-333, eff. 8-12-11; 98-24, | ||||||
| 19 | eff. 6-19-13; 98-109, eff. 7-25-13; 98-496, eff. 1-1-14; | ||||||
| 20 | revised 9-9-13.)
| ||||||
| 21 | Section 180. The Service Use Tax Act is amended by changing | ||||||
| 22 | Sections 3-5, 3-10, and 9 as follows:
| ||||||
| 23 | (35 ILCS 110/3-5)
| ||||||
| 24 | Sec. 3-5. Exemptions. Use of the following tangible | ||||||
| |||||||
| |||||||
| 1 | personal property
is exempt from the tax imposed by this Act:
| ||||||
| 2 | (1) Personal property purchased from a corporation, | ||||||
| 3 | society,
association, foundation, institution, or | ||||||
| 4 | organization, other than a limited
liability company, that is | ||||||
| 5 | organized and operated as a not-for-profit service
enterprise | ||||||
| 6 | for the benefit of persons 65 years of age or older if the | ||||||
| 7 | personal
property was not purchased by the enterprise for the | ||||||
| 8 | purpose of resale by the
enterprise.
| ||||||
| 9 | (2) Personal property purchased by a non-profit Illinois | ||||||
| 10 | county fair
association for use in conducting, operating, or | ||||||
| 11 | promoting the county fair.
| ||||||
| 12 | (3) Personal property purchased by a not-for-profit arts
or | ||||||
| 13 | cultural
organization that establishes, by proof required by | ||||||
| 14 | the Department by rule,
that it has received an exemption under | ||||||
| 15 | Section 501(c)(3) of the Internal
Revenue Code and that is | ||||||
| 16 | organized and operated primarily for the
presentation
or | ||||||
| 17 | support of arts or cultural programming, activities, or | ||||||
| 18 | services. These
organizations include, but are not limited to, | ||||||
| 19 | music and dramatic arts
organizations such as symphony | ||||||
| 20 | orchestras and theatrical groups, arts and
cultural service | ||||||
| 21 | organizations, local arts councils, visual arts organizations,
| ||||||
| 22 | and media arts organizations.
On and after the effective date | ||||||
| 23 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
| 24 | an entity otherwise eligible for this exemption shall not
make | ||||||
| 25 | tax-free purchases unless it has an active identification | ||||||
| 26 | number issued by
the Department.
| ||||||
| |||||||
| |||||||
| 1 | (4) Legal tender, currency, medallions, or gold or silver | ||||||
| 2 | coinage issued
by the State of Illinois, the government of the | ||||||
| 3 | United States of America,
or the government of any foreign | ||||||
| 4 | country, and bullion.
| ||||||
| 5 | (5) Until July 1, 2003 and beginning again on September 1, | ||||||
| 6 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 7 | equipment, including
repair and
replacement parts, both new and | ||||||
| 8 | used, and including that manufactured on
special order or | ||||||
| 9 | purchased for lease, certified by the purchaser to be used
| ||||||
| 10 | primarily for graphic arts production.
Equipment includes | ||||||
| 11 | chemicals or
chemicals acting as catalysts but only if
the | ||||||
| 12 | chemicals or chemicals acting as catalysts effect a direct and | ||||||
| 13 | immediate
change upon a graphic arts product.
| ||||||
| 14 | (6) Personal property purchased from a teacher-sponsored | ||||||
| 15 | student
organization affiliated with an elementary or | ||||||
| 16 | secondary school located
in Illinois.
| ||||||
| 17 | (7) Farm machinery and equipment, both new and used, | ||||||
| 18 | including that
manufactured on special order, certified by the | ||||||
| 19 | purchaser to be used
primarily for production agriculture or | ||||||
| 20 | State or federal agricultural
programs, including individual | ||||||
| 21 | replacement parts for the machinery and
equipment, including | ||||||
| 22 | machinery and equipment purchased for lease,
and including | ||||||
| 23 | implements of husbandry defined in Section 1-130 of
the | ||||||
| 24 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| 25 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
| 26 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
| |||||||
| |||||||
| 1 | but
excluding other motor vehicles required to be registered | ||||||
| 2 | under the Illinois
Vehicle Code.
Horticultural polyhouses or | ||||||
| 3 | hoop houses used for propagating, growing, or
overwintering | ||||||
| 4 | plants shall be considered farm machinery and equipment under
| ||||||
| 5 | this item (7).
Agricultural chemical tender tanks and dry boxes | ||||||
| 6 | shall include units sold
separately from a motor vehicle | ||||||
| 7 | required to be licensed and units sold mounted
on a motor | ||||||
| 8 | vehicle required to be licensed if the selling price of the | ||||||
| 9 | tender
is separately stated.
| ||||||
| 10 | Farm machinery and equipment shall include precision | ||||||
| 11 | farming equipment
that is
installed or purchased to be | ||||||
| 12 | installed on farm machinery and equipment
including, but not | ||||||
| 13 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
| 14 | or spreaders.
Precision farming equipment includes, but is not | ||||||
| 15 | limited to,
soil testing sensors, computers, monitors, | ||||||
| 16 | software, global positioning
and mapping systems, and other | ||||||
| 17 | such equipment.
| ||||||
| 18 | Farm machinery and equipment also includes computers, | ||||||
| 19 | sensors, software, and
related equipment used primarily in the
| ||||||
| 20 | computer-assisted operation of production agriculture | ||||||
| 21 | facilities, equipment,
and activities such as, but
not limited | ||||||
| 22 | to,
the collection, monitoring, and correlation of
animal and | ||||||
| 23 | crop data for the purpose of
formulating animal diets and | ||||||
| 24 | agricultural chemicals. This item (7) is exempt
from the | ||||||
| 25 | provisions of
Section 3-75.
| ||||||
| 26 | (8) Until June 30, 2013, fuel and petroleum products sold | ||||||
| |||||||
| |||||||
| 1 | to or used by an air common
carrier, certified by the carrier | ||||||
| 2 | to be used for consumption, shipment, or
storage in the conduct | ||||||
| 3 | of its business as an air common carrier, for a
flight destined | ||||||
| 4 | for or returning from a location or locations
outside the | ||||||
| 5 | United States without regard to previous or subsequent domestic
| ||||||
| 6 | stopovers.
| ||||||
| 7 | Beginning July 1, 2013, fuel and petroleum products sold to | ||||||
| 8 | or used by an air carrier, certified by the carrier to be used | ||||||
| 9 | for consumption, shipment, or storage in the conduct of its | ||||||
| 10 | business as an air common carrier, for a flight that (i) is | ||||||
| 11 | engaged in foreign trade or is engaged in trade between the | ||||||
| 12 | United States and any of its possessions and (ii) transports at | ||||||
| 13 | least one individual or package for hire from the city of | ||||||
| 14 | origination to the city of final destination on the same | ||||||
| 15 | aircraft, without regard to a change in the flight number of | ||||||
| 16 | that aircraft. | ||||||
| 17 | (9) Proceeds of mandatory service charges separately | ||||||
| 18 | stated on
customers' bills for the purchase and consumption of | ||||||
| 19 | food and beverages
acquired as an incident to the purchase of a | ||||||
| 20 | service from a serviceman, to
the extent that the proceeds of | ||||||
| 21 | the service charge are in fact
turned over as tips or as a | ||||||
| 22 | substitute for tips to the employees who
participate directly | ||||||
| 23 | in preparing, serving, hosting or cleaning up the
food or | ||||||
| 24 | beverage function with respect to which the service charge is | ||||||
| 25 | imposed.
| ||||||
| 26 | (10) Until July 1, 2003, oil field exploration, drilling, | ||||||
| |||||||
| |||||||
| 1 | and production
equipment, including
(i) rigs and parts of rigs, | ||||||
| 2 | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and | ||||||
| 3 | tubular goods, including casing and
drill strings, (iii) pumps | ||||||
| 4 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
| 5 | individual replacement part for oil field exploration,
| ||||||
| 6 | drilling, and production equipment, and (vi) machinery and | ||||||
| 7 | equipment purchased
for lease; but
excluding motor vehicles | ||||||
| 8 | required to be registered under the Illinois
Vehicle Code.
| ||||||
| 9 | (11) Proceeds from the sale of photoprocessing machinery | ||||||
| 10 | and
equipment, including repair and replacement parts, both new | ||||||
| 11 | and
used, including that manufactured on special order, | ||||||
| 12 | certified by the
purchaser to be used primarily for | ||||||
| 13 | photoprocessing, and including
photoprocessing machinery and | ||||||
| 14 | equipment purchased for lease.
| ||||||
| 15 | (12) Coal and aggregate exploration, mining, off-highway | ||||||
| 16 | offhighway hauling,
processing,
maintenance, and reclamation | ||||||
| 17 | equipment, including
replacement parts and equipment, and | ||||||
| 18 | including
equipment purchased for lease, but excluding motor | ||||||
| 19 | vehicles required to be
registered under the Illinois Vehicle | ||||||
| 20 | Code. The changes made to this Section by Public Act 97-767 | ||||||
| 21 | apply on and after July 1, 2003, but no claim for credit or | ||||||
| 22 | refund is allowed on or after August 16, 2013 (the effective | ||||||
| 23 | date of Public Act 98-456) this amendatory Act of the 98th | ||||||
| 24 | General Assembly
for such taxes paid during the period | ||||||
| 25 | beginning July 1, 2003 and ending on August 16, 2013 (the | ||||||
| 26 | effective date of Public Act 98-456) this amendatory Act of the | ||||||
| |||||||
| |||||||
| 1 | 98th General Assembly.
| ||||||
| 2 | (13) Semen used for artificial insemination of livestock | ||||||
| 3 | for direct
agricultural production.
| ||||||
| 4 | (14) Horses, or interests in horses, registered with and | ||||||
| 5 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
| 6 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
| 7 | Horse Association, United States
Trotting Association, or | ||||||
| 8 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
| 9 | racing for prizes. This item (14) is exempt from the provisions | ||||||
| 10 | of Section 3-75, and the exemption provided for under this item | ||||||
| 11 | (14) applies for all periods beginning May 30, 1995, but no | ||||||
| 12 | claim for credit or refund is allowed on or after the effective | ||||||
| 13 | date of this amendatory Act of the 95th General Assembly for | ||||||
| 14 | such taxes paid during the period beginning May 30, 2000 and | ||||||
| 15 | ending on the effective date of this amendatory Act of the 95th | ||||||
| 16 | General Assembly.
| ||||||
| 17 | (15) Computers and communications equipment utilized for | ||||||
| 18 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
| 19 | analysis, or treatment of hospital patients purchased by a | ||||||
| 20 | lessor who leases
the
equipment, under a lease of one year or | ||||||
| 21 | longer executed or in effect at the
time
the lessor would | ||||||
| 22 | otherwise be subject to the tax imposed by this Act,
to a
| ||||||
| 23 | hospital
that has been issued an active tax exemption | ||||||
| 24 | identification number by the
Department under Section 1g of the | ||||||
| 25 | Retailers' Occupation Tax Act.
If the
equipment is leased in a | ||||||
| 26 | manner that does not qualify for
this exemption
or is used in | ||||||
| |||||||
| |||||||
| 1 | any other non-exempt manner,
the lessor shall be liable for the
| ||||||
| 2 | tax imposed under this Act or the Use Tax Act, as the case may
| ||||||
| 3 | be, based on the fair market value of the property at the time | ||||||
| 4 | the
non-qualifying use occurs. No lessor shall collect or | ||||||
| 5 | attempt to collect an
amount (however
designated) that purports | ||||||
| 6 | to reimburse that lessor for the tax imposed by this
Act or the | ||||||
| 7 | Use Tax Act, as the case may be, if the tax has not been
paid by | ||||||
| 8 | the lessor. If a lessor improperly collects any such amount | ||||||
| 9 | from the
lessee, the lessee shall have a legal right to claim a | ||||||
| 10 | refund of that amount
from the lessor. If, however, that amount | ||||||
| 11 | is not refunded to the lessee for
any reason, the lessor is | ||||||
| 12 | liable to pay that amount to the Department.
| ||||||
| 13 | (16) Personal property purchased by a lessor who leases the
| ||||||
| 14 | property, under
a
lease of one year or longer executed or in | ||||||
| 15 | effect at the time
the lessor would otherwise be subject to the | ||||||
| 16 | tax imposed by this Act,
to a governmental body
that has been | ||||||
| 17 | issued an active tax exemption identification number by the
| ||||||
| 18 | Department under Section 1g of the Retailers' Occupation Tax | ||||||
| 19 | Act.
If the
property is leased in a manner that does not | ||||||
| 20 | qualify for
this exemption
or is used in any other non-exempt | ||||||
| 21 | manner,
the lessor shall be liable for the
tax imposed under | ||||||
| 22 | this Act or the Use Tax Act, as the case may
be, based on the | ||||||
| 23 | fair market value of the property at the time the
| ||||||
| 24 | non-qualifying use occurs. No lessor shall collect or attempt | ||||||
| 25 | to collect an
amount (however
designated) that purports to | ||||||
| 26 | reimburse that lessor for the tax imposed by this
Act or the | ||||||
| |||||||
| |||||||
| 1 | Use Tax Act, as the case may be, if the tax has not been
paid by | ||||||
| 2 | the lessor. If a lessor improperly collects any such amount | ||||||
| 3 | from the
lessee, the lessee shall have a legal right to claim a | ||||||
| 4 | refund of that amount
from the lessor. If, however, that amount | ||||||
| 5 | is not refunded to the lessee for
any reason, the lessor is | ||||||
| 6 | liable to pay that amount to the Department.
| ||||||
| 7 | (17) 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
donated for | ||||||
| 10 | disaster relief to be used in a State or federally declared
| ||||||
| 11 | disaster area in Illinois or bordering Illinois by a | ||||||
| 12 | manufacturer or retailer
that is registered in this State to a | ||||||
| 13 | corporation, society, association,
foundation, or institution | ||||||
| 14 | that has been issued a sales tax exemption
identification | ||||||
| 15 | number by the Department that assists victims of the disaster
| ||||||
| 16 | who reside within the declared disaster area.
| ||||||
| 17 | (18) Beginning with taxable years ending on or after | ||||||
| 18 | December
31, 1995 and
ending with taxable years ending on or | ||||||
| 19 | before December 31, 2004, personal
property that is used in the | ||||||
| 20 | performance of infrastructure repairs in this
State, including | ||||||
| 21 | but not limited to municipal roads and streets, access roads,
| ||||||
| 22 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
| 23 | line extensions,
water distribution and purification | ||||||
| 24 | facilities, storm water drainage and
retention facilities, and | ||||||
| 25 | sewage treatment facilities, resulting from a State
or | ||||||
| 26 | federally declared disaster in Illinois or bordering Illinois | ||||||
| |||||||
| |||||||
| 1 | when such
repairs are initiated on facilities located in the | ||||||
| 2 | declared disaster area
within 6 months after the disaster.
| ||||||
| 3 | (19) Beginning July 1, 1999, game or game birds purchased | ||||||
| 4 | at a "game
breeding
and hunting preserve area" as that term is
| ||||||
| 5 | used in
the Wildlife Code. This paragraph is exempt from the | ||||||
| 6 | provisions
of
Section 3-75.
| ||||||
| 7 | (20) A motor vehicle, as that term is defined in Section | ||||||
| 8 | 1-146
of the
Illinois Vehicle Code, that is donated to a | ||||||
| 9 | corporation, limited liability
company, society, association, | ||||||
| 10 | foundation, or institution that is determined by
the Department | ||||||
| 11 | to be organized and operated exclusively for educational
| ||||||
| 12 | purposes. For purposes of this exemption, "a corporation, | ||||||
| 13 | limited liability
company, society, association, foundation, | ||||||
| 14 | or institution organized and
operated
exclusively for | ||||||
| 15 | educational purposes" means all tax-supported public schools,
| ||||||
| 16 | private schools that offer systematic instruction in useful | ||||||
| 17 | branches of
learning by methods common to public schools and | ||||||
| 18 | that compare favorably in
their scope and intensity with the | ||||||
| 19 | course of study presented in tax-supported
schools, and | ||||||
| 20 | vocational or technical schools or institutes organized and
| ||||||
| 21 | operated exclusively to provide a course of study of not less | ||||||
| 22 | than 6 weeks
duration and designed to prepare individuals to | ||||||
| 23 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
| 24 | industrial, business, or commercial
occupation.
| ||||||
| 25 | (21) Beginning January 1, 2000, personal property, | ||||||
| 26 | including
food,
purchased through fundraising
events for the | ||||||
| |||||||
| |||||||
| 1 | benefit of
a public or private elementary or
secondary school, | ||||||
| 2 | a group of those schools, or one or more school
districts if | ||||||
| 3 | the events are
sponsored by an entity recognized by the school | ||||||
| 4 | district that consists
primarily of volunteers and includes
| ||||||
| 5 | parents and teachers of the school children. This paragraph | ||||||
| 6 | does not apply
to fundraising
events (i) for the benefit of | ||||||
| 7 | private home instruction or (ii)
for which the fundraising | ||||||
| 8 | entity purchases the personal property sold at
the events from | ||||||
| 9 | another individual or entity that sold the property for the
| ||||||
| 10 | purpose of resale by the fundraising entity and that
profits | ||||||
| 11 | from the sale to the
fundraising entity. This paragraph is | ||||||
| 12 | exempt
from the provisions
of Section 3-75.
| ||||||
| 13 | (22) Beginning January 1, 2000
and through December 31, | ||||||
| 14 | 2001, new or used automatic vending
machines that prepare and | ||||||
| 15 | serve hot food and beverages, including coffee, soup,
and
other | ||||||
| 16 | items, and replacement parts for these machines.
Beginning | ||||||
| 17 | January 1,
2002 and through June 30, 2003, machines and parts | ||||||
| 18 | for machines used in
commercial, coin-operated
amusement
and | ||||||
| 19 | vending business if a use or occupation tax is paid on the | ||||||
| 20 | gross receipts
derived from
the use of the commercial, | ||||||
| 21 | coin-operated amusement and vending machines.
This
paragraph
| ||||||
| 22 | is exempt from the provisions of Section 3-75.
| ||||||
| 23 | (23) Beginning August 23, 2001 and through June 30, 2016, | ||||||
| 24 | food for human consumption that is to be consumed off the
| ||||||
| 25 | premises
where it is sold (other than alcoholic beverages, soft | ||||||
| 26 | drinks, and food that
has been prepared for immediate | ||||||
| |||||||
| |||||||
| 1 | consumption) and prescription and
nonprescription medicines, | ||||||
| 2 | drugs, medical appliances, and insulin, urine
testing | ||||||
| 3 | materials, syringes, and needles used by diabetics, for human | ||||||
| 4 | use, when
purchased for use by a person receiving medical | ||||||
| 5 | assistance under Article V of
the Illinois Public Aid Code who | ||||||
| 6 | resides in a licensed long-term care facility,
as defined in | ||||||
| 7 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
| 8 | in the ID/DD Community Care Act or the Specialized Mental | ||||||
| 9 | Health Rehabilitation Act of 2013.
| ||||||
| 10 | (24) Beginning on the effective date of this amendatory Act | ||||||
| 11 | of the 92nd
General Assembly, computers and communications | ||||||
| 12 | equipment
utilized for any hospital purpose and equipment used | ||||||
| 13 | in the diagnosis,
analysis, or treatment of hospital patients | ||||||
| 14 | purchased by a lessor who leases
the equipment, under a lease | ||||||
| 15 | of one year or longer executed or in effect at the
time the | ||||||
| 16 | lessor would otherwise be subject to the tax imposed by this | ||||||
| 17 | Act, to a
hospital that has been issued an active tax exemption | ||||||
| 18 | identification number by
the Department under Section 1g of the | ||||||
| 19 | Retailers' Occupation Tax Act. If the
equipment is leased in a | ||||||
| 20 | manner that does not qualify for this exemption or is
used in | ||||||
| 21 | any other nonexempt manner, the lessor shall be liable for the
| ||||||
| 22 | tax imposed under this Act or the Use Tax Act, as the case may | ||||||
| 23 | be, based on the
fair market value of the property at the time | ||||||
| 24 | the nonqualifying use occurs.
No lessor shall collect or | ||||||
| 25 | attempt to collect an amount (however
designated) that purports | ||||||
| 26 | to reimburse that lessor for the tax imposed by this
Act or the | ||||||
| |||||||
| |||||||
| 1 | Use Tax Act, as the case may be, if the tax has not been
paid by | ||||||
| 2 | the lessor. If a lessor improperly collects any such amount | ||||||
| 3 | from the
lessee, the lessee shall have a legal right to claim a | ||||||
| 4 | refund of that amount
from the lessor. If, however, that amount | ||||||
| 5 | is not refunded to the lessee for
any reason, the lessor is | ||||||
| 6 | liable to pay that amount to the Department.
This paragraph is | ||||||
| 7 | exempt from the provisions of Section 3-75.
| ||||||
| 8 | (25) Beginning
on the effective date of this amendatory Act | ||||||
| 9 | of the 92nd General Assembly,
personal property purchased by a | ||||||
| 10 | lessor
who leases the property, under a lease of one year or | ||||||
| 11 | longer executed or in
effect at the time the lessor would | ||||||
| 12 | otherwise be subject to the tax imposed by
this Act, to a | ||||||
| 13 | governmental body that has been issued an active tax exemption
| ||||||
| 14 | identification number by the Department under Section 1g of the | ||||||
| 15 | Retailers'
Occupation Tax Act. If the property is leased in a | ||||||
| 16 | manner that does not
qualify for this exemption or is used in | ||||||
| 17 | any other nonexempt manner, the
lessor shall be liable for the | ||||||
| 18 | tax imposed under this Act or the Use Tax Act,
as the case may | ||||||
| 19 | be, based on the fair market value of the property at the time
| ||||||
| 20 | the nonqualifying use occurs. No lessor shall collect or | ||||||
| 21 | attempt to collect
an amount (however designated) that purports | ||||||
| 22 | to reimburse that lessor for the
tax imposed by this Act or the | ||||||
| 23 | Use Tax Act, as the case may be, if the tax has
not been paid by | ||||||
| 24 | the lessor. If a lessor improperly collects any such amount
| ||||||
| 25 | from the lessee, the lessee shall have a legal right to claim a | ||||||
| 26 | refund of that
amount from the lessor. If, however, that amount | ||||||
| |||||||
| |||||||
| 1 | is not refunded to the lessee
for any reason, the lessor is | ||||||
| 2 | liable to pay that amount to the Department.
This paragraph is | ||||||
| 3 | exempt from the provisions of Section 3-75.
| ||||||
| 4 | (26) 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 under | ||||||
| 9 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
| 10 | exempt from the provisions of Section 3-75.
| ||||||
| 11 | (27) Beginning January 1, 2010, materials, parts, | ||||||
| 12 | equipment, components, and furnishings incorporated into or | ||||||
| 13 | upon an aircraft as part of the modification, refurbishment, | ||||||
| 14 | completion, replacement, repair, or maintenance of the | ||||||
| 15 | aircraft. This exemption includes consumable supplies used in | ||||||
| 16 | the modification, refurbishment, completion, replacement, | ||||||
| 17 | repair, and maintenance of aircraft, but excludes any | ||||||
| 18 | materials, parts, equipment, components, and consumable | ||||||
| 19 | supplies used in the modification, replacement, repair, and | ||||||
| 20 | maintenance of aircraft engines or power plants, whether such | ||||||
| 21 | engines or power plants are installed or uninstalled upon any | ||||||
| 22 | such aircraft. "Consumable supplies" include, but are not | ||||||
| 23 | limited to, adhesive, tape, sandpaper, general purpose | ||||||
| 24 | lubricants, cleaning solution, latex gloves, and protective | ||||||
| 25 | films. This exemption applies only to the use of qualifying | ||||||
| 26 | tangible personal property transferred incident to the | ||||||
| |||||||
| |||||||
| 1 | modification, refurbishment, completion, replacement, repair, | ||||||
| 2 | or maintenance of aircraft by persons who (i) hold an Air | ||||||
| 3 | Agency Certificate and are empowered to operate an approved | ||||||
| 4 | repair station by the Federal Aviation Administration, (ii) | ||||||
| 5 | have a Class IV Rating, and (iii) conduct operations in | ||||||
| 6 | accordance with Part 145 of the Federal Aviation Regulations. | ||||||
| 7 | The exemption does not include aircraft operated by a | ||||||
| 8 | commercial air carrier providing scheduled passenger air | ||||||
| 9 | service pursuant to authority issued under Part 121 or Part 129 | ||||||
| 10 | of the Federal Aviation Regulations. The changes made to this | ||||||
| 11 | paragraph (27) by Public Act 98-534 this amendatory Act of the | ||||||
| 12 | 98th General Assembly are declarative of existing law. | ||||||
| 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 instruments | ||||||
| 22 | issued by the public-facilities corporation in connection with | ||||||
| 23 | the development of the municipal convention hall. This | ||||||
| 24 | exemption includes existing public-facilities corporations as | ||||||
| 25 | provided in Section 11-65-25 of the Illinois Municipal Code. | ||||||
| 26 | This paragraph is exempt from the provisions of Section 3-75. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, | ||||||
| 2 | eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104, | ||||||
| 3 | eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13; | ||||||
| 4 | 98-534, eff. 8-23-13; revised 9-9-13.)
| ||||||
| 5 | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| ||||||
| 6 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| 7 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 8 | the selling
price of tangible personal property transferred as | ||||||
| 9 | an incident to the sale
of service, but, for the purpose of | ||||||
| 10 | computing this tax, in no event shall
the selling price be less | ||||||
| 11 | than the cost price of the property to the
serviceman.
| ||||||
| 12 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 13 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
| 14 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
| 15 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
| 16 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 17 | tax imposed
by this Act applies to (i) 70% of the selling price | ||||||
| 18 | of property transferred
as an incident to the sale of service | ||||||
| 19 | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% | ||||||
| 20 | of the selling price of
property transferred as an incident to | ||||||
| 21 | the sale of service on or after July
1, 2003 and on or before | ||||||
| 22 | December 31, 2018, and (iii)
100% of the selling price | ||||||
| 23 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
| 24 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
| 25 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
| |||||||
| |||||||
| 1 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
| 2 | With respect to majority blended ethanol fuel, as defined | ||||||
| 3 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
| 4 | to the selling price of property transferred
as an incident to | ||||||
| 5 | the sale of service on or after July 1, 2003 and on or before
| ||||||
| 6 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 7 | thereafter.
| ||||||
| 8 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
| 9 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
| 10 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
| 11 | of property transferred as an incident
to the sale of service | ||||||
| 12 | on or after July 1, 2003 and on or before December 31, 2018
and | ||||||
| 13 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
| 14 | at any time, however, the tax under this Act on sales of | ||||||
| 15 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
| 16 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
| 17 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
| 18 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
| 19 | and no more than 10% biodiesel
made
during that time.
| ||||||
| 20 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
| 21 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
| 22 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
| 23 | by this Act
does not apply to the proceeds of the selling price | ||||||
| 24 | of property transferred
as an incident to the sale of service | ||||||
| 25 | on or after July 1, 2003 and on or before
December 31, 2018 but | ||||||
| 26 | applies to 100% of the selling price thereafter.
| ||||||
| |||||||
| |||||||
| 1 | At the election of any registered serviceman made for each | ||||||
| 2 | fiscal year,
sales of service in which the aggregate annual | ||||||
| 3 | cost price of tangible
personal property transferred as an | ||||||
| 4 | incident to the sales of service is
less than 35%, or 75% in | ||||||
| 5 | the case of servicemen transferring prescription
drugs or | ||||||
| 6 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
| 7 | annual total gross receipts from all sales of service, the tax | ||||||
| 8 | imposed by
this Act shall be based on the serviceman's cost | ||||||
| 9 | price of the tangible
personal property transferred as an | ||||||
| 10 | incident to the sale of those services.
| ||||||
| 11 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
| 12 | for
immediate consumption and transferred incident to a sale of | ||||||
| 13 | service subject
to this Act or the Service Occupation Tax Act | ||||||
| 14 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
| 15 | Nursing Home Care Act, the ID/DD Community Care Act, the | ||||||
| 16 | Specialized Mental Health Rehabilitation Act of 2013, or the
| ||||||
| 17 | Child Care
Act of 1969. The tax shall
also be imposed at the | ||||||
| 18 | rate of 1% on food for human consumption that is to be
consumed | ||||||
| 19 | off the premises where it is sold (other than alcoholic | ||||||
| 20 | beverages,
soft drinks, and food that has been prepared for | ||||||
| 21 | immediate consumption and is
not otherwise included in this | ||||||
| 22 | paragraph) and prescription and nonprescription
medicines, | ||||||
| 23 | drugs, medical appliances, modifications to a motor vehicle for | ||||||
| 24 | the
purpose of rendering it usable by a disabled person, and | ||||||
| 25 | insulin, urine testing
materials,
syringes, and needles used by | ||||||
| 26 | diabetics, for
human use. For the purposes of this Section, | ||||||
| |||||||
| |||||||
| 1 | until September 1, 2009: the term "soft drinks" means any
| ||||||
| 2 | complete, finished, ready-to-use, non-alcoholic drink, whether | ||||||
| 3 | carbonated or
not, including but not limited to soda water, | ||||||
| 4 | cola, fruit juice, vegetable
juice, carbonated water, and all | ||||||
| 5 | other preparations commonly known as soft
drinks of whatever | ||||||
| 6 | kind or description that are contained in any closed or
sealed | ||||||
| 7 | bottle, can, carton, or container, regardless of size; but | ||||||
| 8 | "soft drinks"
does not include coffee, tea, non-carbonated | ||||||
| 9 | water, infant formula, milk or
milk products as defined in the | ||||||
| 10 | Grade A Pasteurized Milk and Milk Products Act,
or drinks | ||||||
| 11 | containing 50% or more natural fruit or vegetable juice.
| ||||||
| 12 | Notwithstanding any other provisions of this
Act, | ||||||
| 13 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 14 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 15 | drinks" do not include beverages that contain milk or milk | ||||||
| 16 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 17 | than 50% of vegetable or fruit juice by volume. | ||||||
| 18 | Until August 1, 2009, and notwithstanding any other | ||||||
| 19 | provisions of this Act, "food for human
consumption that is to | ||||||
| 20 | be consumed off the premises where it is sold" includes
all | ||||||
| 21 | food sold through a vending machine, except soft drinks and | ||||||
| 22 | food products
that are dispensed hot from a vending machine, | ||||||
| 23 | regardless of the location of
the vending machine. Beginning | ||||||
| 24 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 25 | this Act, "food for human consumption that is to be consumed | ||||||
| 26 | off the premises where it is sold" includes all food sold | ||||||
| |||||||
| |||||||
| 1 | through a vending machine, except soft drinks, candy, and food | ||||||
| 2 | products that are dispensed hot from a vending machine, | ||||||
| 3 | regardless of the location of the vending machine.
| ||||||
| 4 | Notwithstanding any other provisions of this
Act, | ||||||
| 5 | beginning September 1, 2009, "food for human consumption that | ||||||
| 6 | is to be consumed off the premises where
it is sold" does not | ||||||
| 7 | include candy. For purposes of this Section, "candy" means a | ||||||
| 8 | preparation of sugar, honey, or other natural or artificial | ||||||
| 9 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
| 10 | ingredients or flavorings in the form of bars, drops, or | ||||||
| 11 | pieces. "Candy" does not include any preparation that contains | ||||||
| 12 | flour or requires refrigeration. | ||||||
| 13 | Notwithstanding any other provisions of this
Act, | ||||||
| 14 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 15 | drugs" does not include grooming and hygiene products. For | ||||||
| 16 | purposes of this Section, "grooming and hygiene products" | ||||||
| 17 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 18 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 19 | lotions and screens, unless those products are available by | ||||||
| 20 | prescription only, regardless of whether the products meet the | ||||||
| 21 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 22 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 23 | use that contains a label that identifies the product as a drug | ||||||
| 24 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
| 25 | label includes: | ||||||
| 26 | (A) A "Drug Facts" panel; or | ||||||
| |||||||
| |||||||
| 1 | (B) A statement of the "active ingredient(s)" with a | ||||||
| 2 | list of those ingredients contained in the compound, | ||||||
| 3 | substance or preparation. | ||||||
| 4 | Beginning on January 1, 2014 (the effective date of Public | ||||||
| 5 | Act 98-122) this amendatory Act of the 98th General Assembly, | ||||||
| 6 | "prescription and nonprescription medicines and drugs" | ||||||
| 7 | includes medical cannabis purchased from a registered | ||||||
| 8 | dispensing organization under the Compassionate Use of Medical | ||||||
| 9 | Cannabis Pilot Program Act. | ||||||
| 10 | If the property that is acquired from a serviceman is | ||||||
| 11 | acquired outside
Illinois and used outside Illinois before | ||||||
| 12 | being brought to Illinois for use
here and is taxable under | ||||||
| 13 | this Act, the "selling price" on which the tax
is computed | ||||||
| 14 | shall be reduced by an amount that represents a reasonable
| ||||||
| 15 | allowance for depreciation for the period of prior out-of-state | ||||||
| 16 | use.
| ||||||
| 17 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, | ||||||
| 18 | eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; revised | ||||||
| 19 | 8-9-13.)
| ||||||
| 20 | (35 ILCS 110/9) (from Ch. 120, par. 439.39) | ||||||
| 21 | Sec. 9. Each serviceman required or authorized to collect | ||||||
| 22 | the tax
herein imposed shall pay to the Department the amount | ||||||
| 23 | of such tax
(except as otherwise provided) at the time when he | ||||||
| 24 | is required to file
his return for the period during which such | ||||||
| 25 | tax was collected, less a
discount of 2.1% prior to January 1, | ||||||
| |||||||
| |||||||
| 1 | 1990 and 1.75% on and after January 1,
1990, or $5 per calendar | ||||||
| 2 | year, whichever is greater, which is allowed to
reimburse the | ||||||
| 3 | serviceman for expenses incurred in collecting the tax,
keeping | ||||||
| 4 | records, preparing and filing returns, remitting the tax and
| ||||||
| 5 | supplying data to the Department on request. The Department may | ||||||
| 6 | disallow the discount for servicemen whose certificate of | ||||||
| 7 | registration is revoked at the time the return is filed, but | ||||||
| 8 | only if the Department's decision to revoke the certificate of | ||||||
| 9 | registration has become final. A serviceman need not remit
that | ||||||
| 10 | part of any tax collected by him to the extent that he is | ||||||
| 11 | required to
pay and does pay the tax imposed by the Service | ||||||
| 12 | Occupation Tax Act with
respect to his sale of service | ||||||
| 13 | involving the incidental transfer by him of
the same property. | ||||||
| 14 | Except as provided hereinafter in this Section, on or | ||||||
| 15 | before the twentieth
day of each calendar month, such | ||||||
| 16 | serviceman shall file a return for the
preceding calendar month | ||||||
| 17 | in accordance with reasonable Rules and
Regulations to be | ||||||
| 18 | promulgated by the Department. Such return shall be
filed on a | ||||||
| 19 | form prescribed by the Department and shall contain such
| ||||||
| 20 | information as the Department may reasonably require. | ||||||
| 21 | The Department may require returns to be filed on a | ||||||
| 22 | quarterly basis.
If so required, a return for each calendar | ||||||
| 23 | quarter shall be filed on or
before the twentieth day of the | ||||||
| 24 | calendar month following the end of such
calendar quarter. The | ||||||
| 25 | taxpayer shall also file a return with the
Department for each | ||||||
| 26 | of the first two months of each calendar quarter, on or
before | ||||||
| |||||||
| |||||||
| 1 | the twentieth day of the following calendar month, stating: | ||||||
| 2 | 1. The name of the seller; | ||||||
| 3 | 2. The address of the principal place of business from | ||||||
| 4 | which he engages
in business as a serviceman in this State; | ||||||
| 5 | 3. The total amount of taxable receipts received by him | ||||||
| 6 | during the
preceding calendar month, including receipts | ||||||
| 7 | from charge and time sales,
but less all deductions allowed | ||||||
| 8 | by law; | ||||||
| 9 | 4. The amount of credit provided in Section 2d of this | ||||||
| 10 | Act; | ||||||
| 11 | 5. The amount of tax due; | ||||||
| 12 | 5-5. The signature of the taxpayer; and | ||||||
| 13 | 6. Such other reasonable information as the Department | ||||||
| 14 | may
require. | ||||||
| 15 | If a taxpayer fails to sign a return within 30 days after | ||||||
| 16 | the proper notice
and demand for signature by the Department, | ||||||
| 17 | the return shall be considered
valid and any amount shown to be | ||||||
| 18 | due on the return shall be deemed assessed. | ||||||
| 19 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
| 20 | monthly tax
liability of $150,000 or more shall make all | ||||||
| 21 | payments required by rules of
the Department by electronic | ||||||
| 22 | funds transfer. Beginning October 1, 1994, a
taxpayer who has | ||||||
| 23 | an average monthly tax liability of $100,000 or more shall
make | ||||||
| 24 | all payments required by rules of the Department by electronic | ||||||
| 25 | funds
transfer. Beginning October 1, 1995, a taxpayer who has | ||||||
| 26 | an average monthly
tax liability of $50,000 or more shall make | ||||||
| |||||||
| |||||||
| 1 | all payments required by rules
of the Department by electronic | ||||||
| 2 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
| 3 | an annual tax liability of
$200,000 or more shall make all | ||||||
| 4 | payments required by rules of the Department by
electronic | ||||||
| 5 | funds transfer. The term "annual tax liability" shall be the | ||||||
| 6 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
| 7 | other State and local
occupation and use tax laws administered | ||||||
| 8 | by the Department, for the immediately
preceding calendar year.
| ||||||
| 9 | The term "average monthly tax
liability" means the sum of the | ||||||
| 10 | taxpayer's liabilities under this Act, and
under all other | ||||||
| 11 | State and local occupation and use tax laws administered by the
| ||||||
| 12 | Department, for the immediately preceding calendar year | ||||||
| 13 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
| 14 | a tax liability in the
amount set forth in subsection (b) of | ||||||
| 15 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
| 16 | all payments required by rules of the Department by
electronic | ||||||
| 17 | funds transfer. | ||||||
| 18 | Before August 1 of each year beginning in 1993, the | ||||||
| 19 | Department shall
notify all taxpayers required to make payments | ||||||
| 20 | by electronic funds transfer.
All taxpayers required to make | ||||||
| 21 | payments by electronic funds transfer shall
make those payments | ||||||
| 22 | for a minimum of one year beginning on October 1. | ||||||
| 23 | Any taxpayer not required to make payments by electronic | ||||||
| 24 | funds transfer
may make payments by electronic funds transfer | ||||||
| 25 | with the permission of the
Department. | ||||||
| 26 | All taxpayers required to make payment by electronic funds | ||||||
| |||||||
| |||||||
| 1 | transfer and
any taxpayers authorized to voluntarily make | ||||||
| 2 | payments by electronic funds
transfer shall make those payments | ||||||
| 3 | in the manner authorized by the Department. | ||||||
| 4 | The Department shall adopt such rules as are necessary to | ||||||
| 5 | effectuate a
program of electronic funds transfer and the | ||||||
| 6 | requirements of this Section. | ||||||
| 7 | If the serviceman is otherwise required to file a monthly | ||||||
| 8 | return and
if the serviceman's average monthly tax liability to | ||||||
| 9 | the Department
does not exceed $200, the Department may | ||||||
| 10 | authorize his returns to be
filed on a quarter annual basis, | ||||||
| 11 | with the return for January, February
and March of a given year | ||||||
| 12 | being due by April 20 of such year; with the
return for April, | ||||||
| 13 | May and June of a given year being due by July 20 of
such year; | ||||||
| 14 | with the return for July, August and September of a given
year | ||||||
| 15 | being due by October 20 of such year, and with the return for
| ||||||
| 16 | October, November and December of a given year being due by | ||||||
| 17 | January 20
of the following year. | ||||||
| 18 | If the serviceman is otherwise required to file a monthly | ||||||
| 19 | or quarterly
return and if the serviceman's average monthly tax | ||||||
| 20 | liability to the Department
does not exceed $50, the Department | ||||||
| 21 | may authorize his returns to be
filed on an annual basis, with | ||||||
| 22 | the return for a given year being due by
January 20 of the | ||||||
| 23 | following year. | ||||||
| 24 | Such quarter annual and annual returns, as to form and | ||||||
| 25 | substance,
shall be subject to the same requirements as monthly | ||||||
| 26 | returns. | ||||||
| |||||||
| |||||||
| 1 | Notwithstanding any other provision in this Act concerning | ||||||
| 2 | the time
within which a serviceman may file his return, in the | ||||||
| 3 | case of any
serviceman who ceases to engage in a kind of | ||||||
| 4 | business which makes him
responsible for filing returns under | ||||||
| 5 | this Act, such serviceman shall
file a final return under this | ||||||
| 6 | Act with the Department not more than 1
month after | ||||||
| 7 | discontinuing such business. | ||||||
| 8 | Where a serviceman collects the tax with respect to the | ||||||
| 9 | selling price of
property which he sells and the purchaser | ||||||
| 10 | thereafter returns such
property and the serviceman refunds the | ||||||
| 11 | selling price thereof to the
purchaser, such serviceman shall | ||||||
| 12 | also refund, to the purchaser, the tax
so collected from the | ||||||
| 13 | purchaser. When filing his return for the period
in which he | ||||||
| 14 | refunds such tax to the purchaser, the serviceman may deduct
| ||||||
| 15 | the amount of the tax so refunded by him to the purchaser from | ||||||
| 16 | any other
Service Use Tax, Service Occupation Tax, retailers' | ||||||
| 17 | occupation tax or
use tax which such serviceman may be required | ||||||
| 18 | to pay or remit to the
Department, as shown by such return, | ||||||
| 19 | provided that the amount of the tax
to be deducted shall | ||||||
| 20 | previously have been remitted to the Department by
such | ||||||
| 21 | serviceman. If the serviceman shall not previously have | ||||||
| 22 | remitted
the amount of such tax to the Department, he shall be | ||||||
| 23 | entitled to no
deduction hereunder upon refunding such tax to | ||||||
| 24 | the purchaser. | ||||||
| 25 | Any serviceman filing a return hereunder shall also include | ||||||
| 26 | the total
tax upon the selling price of tangible personal | ||||||
| |||||||
| |||||||
| 1 | property purchased for use
by him as an incident to a sale of | ||||||
| 2 | service, and such serviceman shall remit
the amount of such tax | ||||||
| 3 | to the Department when filing such return. | ||||||
| 4 | If experience indicates such action to be practicable, the | ||||||
| 5 | Department
may prescribe and furnish a combination or joint | ||||||
| 6 | return which will
enable servicemen, who are required to file | ||||||
| 7 | returns hereunder and also
under the Service Occupation Tax | ||||||
| 8 | Act, to furnish all the return
information required by both | ||||||
| 9 | Acts on the one form. | ||||||
| 10 | Where the serviceman has more than one business registered | ||||||
| 11 | with the
Department under separate registration hereunder, | ||||||
| 12 | such serviceman shall
not file each return that is due as a | ||||||
| 13 | single return covering all such
registered businesses, but | ||||||
| 14 | shall file separate returns for each such
registered business. | ||||||
| 15 | Beginning January 1, 1990, each month the Department shall | ||||||
| 16 | pay into
the State and Local Tax Reform Fund, a special fund in | ||||||
| 17 | the State Treasury,
the net revenue realized for the preceding | ||||||
| 18 | month from the 1% tax on sales
of food for human consumption | ||||||
| 19 | which is to be consumed off the premises
where it is sold | ||||||
| 20 | (other than alcoholic beverages, soft drinks and food
which has | ||||||
| 21 | been prepared for immediate consumption) and prescription and
| ||||||
| 22 | nonprescription medicines, drugs, medical appliances and | ||||||
| 23 | insulin, urine
testing materials, syringes and needles used by | ||||||
| 24 | diabetics. | ||||||
| 25 | Beginning January 1, 1990, each month the Department shall | ||||||
| 26 | pay into
the State and Local Sales Tax Reform Fund 20% of the | ||||||
| |||||||
| |||||||
| 1 | net revenue realized
for the preceding month from the 6.25% | ||||||
| 2 | general rate on transfers of
tangible personal property, other | ||||||
| 3 | than tangible personal property which is
purchased outside | ||||||
| 4 | Illinois at retail from a retailer and which is titled or
| ||||||
| 5 | registered by an agency of this State's government. | ||||||
| 6 | Beginning August 1, 2000, each
month the Department shall | ||||||
| 7 | pay into the
State and Local Sales Tax Reform Fund 100% of the | ||||||
| 8 | net revenue realized for the
preceding
month from the 1.25% | ||||||
| 9 | rate on the selling price of motor fuel and gasohol. | ||||||
| 10 | Beginning October 1, 2009, each month the Department shall | ||||||
| 11 | pay into the Capital Projects Fund an amount that is equal to | ||||||
| 12 | an amount estimated by the Department to represent 80% of the | ||||||
| 13 | net revenue realized for the preceding month from the sale of | ||||||
| 14 | candy, grooming and hygiene products, and soft drinks that had | ||||||
| 15 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
| 16 | are is now taxed at 6.25%. | ||||||
| 17 | Beginning July 1, 2013, each month the Department shall pay | ||||||
| 18 | into the Underground Storage Tank Fund from the proceeds | ||||||
| 19 | collected under this Act, the Use Tax Act, the Service | ||||||
| 20 | Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||||||
| 21 | amount equal to the average monthly deficit in the Underground | ||||||
| 22 | Storage Tank Fund during the prior year, as certified annually | ||||||
| 23 | by the Illinois Environmental Protection Agency, but the total | ||||||
| 24 | payment into the Underground Storage Tank Fund under this Act, | ||||||
| 25 | the Use Tax Act, the Service Occupation Tax Act, and the | ||||||
| 26 | Retailers' Occupation Tax Act shall not exceed $18,000,000 in | ||||||
| |||||||
| |||||||
| 1 | any State fiscal year. As used in this paragraph, the "average | ||||||
| 2 | monthly deficit" shall be equal to the difference between the | ||||||
| 3 | average monthly claims for payment by the fund and the average | ||||||
| 4 | monthly revenues deposited into the fund, excluding payments | ||||||
| 5 | made pursuant to this paragraph. | ||||||
| 6 | Of the remainder of the moneys received by the Department | ||||||
| 7 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||||||
| 8 | Build
Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
| 9 | and after July 1,
1989, 3.8% thereof shall be paid into the | ||||||
| 10 | Build Illinois Fund; provided,
however, that if in any fiscal | ||||||
| 11 | year the sum of (1) the aggregate of 2.2% or
3.8%, as the case | ||||||
| 12 | may be, of the moneys received by the Department and
required | ||||||
| 13 | to be paid into the Build Illinois Fund pursuant to Section 3 | ||||||
| 14 | of
the Retailers' Occupation Tax Act, Section 9 of the Use Tax | ||||||
| 15 | Act, Section 9
of the Service Use Tax Act, and Section 9 of the | ||||||
| 16 | Service Occupation Tax
Act, such Acts being hereinafter called | ||||||
| 17 | the "Tax Acts" and such aggregate
of 2.2% or 3.8%, as the case | ||||||
| 18 | may be, of moneys being hereinafter called the
"Tax Act | ||||||
| 19 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
| 20 | Fund
from the State and Local Sales Tax Reform Fund shall be | ||||||
| 21 | less than the
Annual Specified Amount (as defined in Section 3 | ||||||
| 22 | of the Retailers'
Occupation Tax Act), 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 if on the
last | ||||||
| 26 | business day of any month the sum of (1) the Tax Act Amount | ||||||
| |||||||
| |||||||
| 1 | required
to be deposited into the Build Illinois Bond Account | ||||||
| 2 | in the Build Illinois
Fund during such month and (2) the amount | ||||||
| 3 | transferred during such month to
the Build Illinois Fund from | ||||||
| 4 | the State and Local Sales Tax Reform Fund
shall have been less | ||||||
| 5 | than 1/12 of the Annual Specified Amount, an amount
equal to | ||||||
| 6 | the difference shall be immediately paid into the Build | ||||||
| 7 | Illinois
Fund from other moneys received by the Department | ||||||
| 8 | pursuant to the Tax Acts;
and, further provided, that in no | ||||||
| 9 | event shall the payments required under
the preceding proviso | ||||||
| 10 | result in aggregate payments into the Build Illinois
Fund | ||||||
| 11 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
| 12 | the
greater of (i) the Tax Act Amount or (ii) the Annual | ||||||
| 13 | Specified Amount for
such fiscal year; and, further provided, | ||||||
| 14 | that the amounts payable into the
Build Illinois Fund under | ||||||
| 15 | this clause (b) shall be payable only until such
time as the | ||||||
| 16 | aggregate amount on deposit under each trust indenture securing
| ||||||
| 17 | Bonds issued and outstanding pursuant to the Build Illinois | ||||||
| 18 | Bond Act is
sufficient, taking into account any future | ||||||
| 19 | investment income, to fully
provide, in accordance with such | ||||||
| 20 | indenture, for the defeasance of or the
payment of the | ||||||
| 21 | principal of, premium, if any, and interest on the Bonds
| ||||||
| 22 | secured by such indenture and on any Bonds expected to be | ||||||
| 23 | issued thereafter
and all fees and costs payable with respect | ||||||
| 24 | thereto, all as certified by
the Director of the
Bureau of the | ||||||
| 25 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
| 26 | the last business day of
any month in which Bonds are | ||||||
| |||||||
| |||||||
| 1 | outstanding pursuant to the Build Illinois
Bond Act, the | ||||||
| 2 | aggregate of the moneys deposited in the Build Illinois Bond
| ||||||
| 3 | Account in the Build Illinois Fund in such month shall be less | ||||||
| 4 | than the
amount required to be transferred in such month from | ||||||
| 5 | the Build Illinois
Bond Account to the Build Illinois Bond | ||||||
| 6 | Retirement and Interest Fund
pursuant to Section 13 of the | ||||||
| 7 | Build Illinois Bond Act, an amount equal to
such deficiency | ||||||
| 8 | shall be immediately paid from other moneys received by the
| ||||||
| 9 | Department pursuant to the Tax Acts to the Build Illinois Fund; | ||||||
| 10 | provided,
however, that any amounts paid to the Build Illinois | ||||||
| 11 | Fund in any fiscal
year pursuant to this sentence shall be | ||||||
| 12 | deemed to constitute payments
pursuant to clause (b) of the | ||||||
| 13 | preceding sentence and shall reduce the
amount otherwise | ||||||
| 14 | payable for such fiscal year pursuant to clause (b) of the
| ||||||
| 15 | preceding sentence. The moneys received by the Department | ||||||
| 16 | pursuant to this
Act and required to be deposited into the | ||||||
| 17 | Build Illinois Fund are subject
to the pledge, claim and charge | ||||||
| 18 | set forth in Section 12 of the Build Illinois
Bond Act. | ||||||
| 19 | Subject to payment of amounts into the Build Illinois Fund | ||||||
| 20 | as provided in
the preceding paragraph or in any amendment | ||||||
| 21 | thereto hereafter enacted, the
following specified monthly | ||||||
| 22 | installment of the amount requested in the
certificate of the | ||||||
| 23 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||
| 24 | provided under Section 8.25f of the State Finance Act, but not | ||||||
| 25 | in
excess of the sums designated as "Total Deposit", shall be | ||||||
| 26 | deposited in the
aggregate from collections under Section 9 of | ||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | 9 of the Service Occupation Tax Act, and
Section 3 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | Retailers' Occupation Tax Act into the McCormick Place
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | Expansion Project Fund in the specified fiscal years. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||
| ||||||||||||
| ||||||||||||
| 3 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||
| 4 | year thereafter,
one-eighth of the amount requested in the | |||||||||||
| 5 | certificate of the Chairman of
the Metropolitan Pier and | |||||||||||
| 6 | Exposition Authority for that fiscal year, less
the amount | |||||||||||
| 7 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||
| 8 | the
State Treasurer in the respective month under subsection | |||||||||||
| 9 | (g) of Section 13
of the Metropolitan Pier and Exposition | |||||||||||
| 10 | Authority Act, plus cumulative
deficiencies in the deposits | |||||||||||
| 11 | required under this Section for previous
months and years, | |||||||||||
| 12 | shall be deposited into the McCormick Place Expansion
Project | |||||||||||
| 13 | Fund, until the full amount requested for the fiscal year, but | |||||||||||
| 14 | not
in excess of the amount specified above as "Total Deposit", | |||||||||||
| 15 | has been deposited. | |||||||||||
| 16 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||
| 17 | and the
McCormick Place Expansion Project Fund
pursuant to the | |||||||||||
| 18 | preceding paragraphs or in any amendments thereto hereafter
| |||||||||||
| 19 | enacted, beginning July 1, 1993 and ending on September 30, | |||||||||||
| 20 | 2013, the Department shall each month pay into the
Illinois Tax | |||||||||||
| 21 | Increment Fund 0.27% of 80% of the net revenue realized for the
| |||||||||||
| 22 | preceding month from the 6.25% general rate on the selling | |||||||||||
| 23 | price of tangible
personal property. | |||||||||||
| 24 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||
| 25 | and the
McCormick Place Expansion Project Fund pursuant to the | |||||||||||
| 26 | preceding paragraphs or
in any
amendments thereto hereafter | |||||||||||
| |||||||
| |||||||
| 1 | enacted, beginning with the receipt of the first
report of | ||||||
| 2 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
| 3 | period, the Department shall each month pay into the Energy | ||||||
| 4 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
| 5 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
| 6 | that was sold to an eligible business.
For purposes of this | ||||||
| 7 | paragraph, the term "eligible business" means a new
electric | ||||||
| 8 | generating facility certified pursuant to Section 605-332 of | ||||||
| 9 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
| 10 | Civil Administrative
Code of Illinois. | ||||||
| 11 | Of the remainder of the moneys received by the Department | ||||||
| 12 | pursuant to this
Act, 75% thereof shall be paid into the | ||||||
| 13 | General Revenue Fund of the State Treasury and 25% shall be | ||||||
| 14 | reserved in a special account and used only for the transfer to | ||||||
| 15 | the Common School Fund as part of the monthly transfer from the | ||||||
| 16 | General Revenue Fund in accordance with Section 8a of the State | ||||||
| 17 | Finance Act. | ||||||
| 18 | As soon as possible after the first day of each month, upon | ||||||
| 19 | certification
of the Department of Revenue, the Comptroller | ||||||
| 20 | shall order transferred and
the Treasurer shall transfer from | ||||||
| 21 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
| 22 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
| 23 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
| 24 | transfer is no longer required
and shall not be made. | ||||||
| 25 | Net revenue realized for a month shall be the revenue | ||||||
| 26 | collected by the State
pursuant to this Act, less the amount | ||||||
| |||||||
| |||||||
| 1 | paid out during that month as refunds
to taxpayers for | ||||||
| 2 | overpayment of liability. | ||||||
| 3 | (Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13; | ||||||
| 4 | 98-298, eff. 8-9-13; 98-496, eff. 1-1-14; revised 9-9-13.)
| ||||||
| 5 | Section 185. The Service Occupation Tax Act is amended by | ||||||
| 6 | changing Sections 3-5, 3-10, and 9 as follows:
| ||||||
| 7 | (35 ILCS 115/3-5)
| ||||||
| 8 | Sec. 3-5. Exemptions. The following tangible personal | ||||||
| 9 | property is
exempt from the tax imposed by this Act:
| ||||||
| 10 | (1) Personal property sold by a corporation, society, | ||||||
| 11 | association,
foundation, institution, or organization, other | ||||||
| 12 | than a limited liability
company, that is organized and | ||||||
| 13 | operated as a not-for-profit service enterprise
for the benefit | ||||||
| 14 | of persons 65 years of age or older if the personal property
| ||||||
| 15 | was not purchased by the enterprise for the purpose of resale | ||||||
| 16 | by the
enterprise.
| ||||||
| 17 | (2) Personal property purchased by a not-for-profit | ||||||
| 18 | Illinois county fair
association for use in conducting, | ||||||
| 19 | operating, or promoting the county fair.
| ||||||
| 20 | (3) Personal property purchased by any not-for-profit
arts | ||||||
| 21 | or cultural organization that establishes, by proof required by | ||||||
| 22 | the
Department by
rule, that it has received an exemption under | ||||||
| 23 | Section 501(c)(3) of the
Internal Revenue Code and that is | ||||||
| 24 | organized and operated primarily for the
presentation
or | ||||||
| |||||||
| |||||||
| 1 | support of arts or cultural programming, activities, or | ||||||
| 2 | services. These
organizations include, but are not limited to, | ||||||
| 3 | music and dramatic arts
organizations such as symphony | ||||||
| 4 | orchestras and theatrical groups, arts and
cultural service | ||||||
| 5 | organizations, local arts councils, visual arts organizations,
| ||||||
| 6 | and media arts organizations.
On and after the effective date | ||||||
| 7 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
| 8 | an entity otherwise eligible for this exemption shall not
make | ||||||
| 9 | tax-free purchases unless it has an active identification | ||||||
| 10 | number issued by
the Department.
| ||||||
| 11 | (4) Legal tender, currency, medallions, or gold or silver | ||||||
| 12 | coinage
issued by the State of Illinois, the government of the | ||||||
| 13 | United States of
America, or the government of any foreign | ||||||
| 14 | country, and bullion.
| ||||||
| 15 | (5) Until July 1, 2003 and beginning again on September 1, | ||||||
| 16 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 17 | equipment, including
repair and
replacement parts, both new and | ||||||
| 18 | used, and including that manufactured on
special order or | ||||||
| 19 | purchased for lease, certified by the purchaser to be used
| ||||||
| 20 | primarily for graphic arts production.
Equipment includes | ||||||
| 21 | chemicals or chemicals acting as catalysts but only if
the
| ||||||
| 22 | chemicals or chemicals acting as catalysts effect a direct and | ||||||
| 23 | immediate change
upon a graphic arts product.
| ||||||
| 24 | (6) Personal property sold by a teacher-sponsored student | ||||||
| 25 | organization
affiliated with an elementary or secondary school | ||||||
| 26 | located in Illinois.
| ||||||
| |||||||
| |||||||
| 1 | (7) Farm machinery and equipment, both new and used, | ||||||
| 2 | including that
manufactured on special order, certified by the | ||||||
| 3 | purchaser to be used
primarily for production agriculture or | ||||||
| 4 | State or federal agricultural
programs, including individual | ||||||
| 5 | replacement parts for the machinery and
equipment, including | ||||||
| 6 | machinery and equipment purchased for lease,
and including | ||||||
| 7 | implements of husbandry defined in Section 1-130 of
the | ||||||
| 8 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| 9 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
| 10 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
| 11 | but
excluding other motor vehicles required to be registered | ||||||
| 12 | under the Illinois
Vehicle
Code.
Horticultural polyhouses or | ||||||
| 13 | hoop houses used for propagating, growing, or
overwintering | ||||||
| 14 | plants shall be considered farm machinery and equipment under
| ||||||
| 15 | this item (7).
Agricultural chemical tender tanks and dry boxes | ||||||
| 16 | shall include units sold
separately from a motor vehicle | ||||||
| 17 | required to be licensed and units sold mounted
on a motor | ||||||
| 18 | vehicle required to be licensed if the selling price of the | ||||||
| 19 | tender
is separately stated.
| ||||||
| 20 | Farm machinery and equipment shall include precision | ||||||
| 21 | farming equipment
that is
installed or purchased to be | ||||||
| 22 | installed on farm machinery and equipment
including, but not | ||||||
| 23 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
| 24 | or spreaders.
Precision farming equipment includes, but is not | ||||||
| 25 | limited to,
soil testing sensors, computers, monitors, | ||||||
| 26 | software, global positioning
and mapping systems, and other | ||||||
| |||||||
| |||||||
| 1 | such equipment.
| ||||||
| 2 | Farm machinery and equipment also includes computers, | ||||||
| 3 | sensors, software, and
related equipment used primarily in the
| ||||||
| 4 | computer-assisted operation of production agriculture | ||||||
| 5 | facilities, equipment,
and activities such as, but
not limited | ||||||
| 6 | to,
the collection, monitoring, and correlation of
animal and | ||||||
| 7 | crop data for the purpose of
formulating animal diets and | ||||||
| 8 | agricultural chemicals. This item (7) is exempt
from the | ||||||
| 9 | provisions of
Section 3-55.
| ||||||
| 10 | (8) Until June 30, 2013, fuel and petroleum products sold | ||||||
| 11 | to or used by an air common
carrier, certified by the carrier | ||||||
| 12 | to be used for consumption, shipment,
or storage in the conduct | ||||||
| 13 | of its business as an air common carrier, for
a flight destined | ||||||
| 14 | for or returning from a location or locations
outside the | ||||||
| 15 | United States without regard to previous or subsequent domestic
| ||||||
| 16 | stopovers.
| ||||||
| 17 | Beginning July 1, 2013, fuel and petroleum products sold to | ||||||
| 18 | or used by an air carrier, certified by the carrier to be used | ||||||
| 19 | for consumption, shipment, or storage in the conduct of its | ||||||
| 20 | business as an air common carrier, for a flight that (i) is | ||||||
| 21 | engaged in foreign trade or is engaged in trade between the | ||||||
| 22 | United States and any of its possessions and (ii) transports at | ||||||
| 23 | least one individual or package for hire from the city of | ||||||
| 24 | origination to the city of final destination on the same | ||||||
| 25 | aircraft, without regard to a change in the flight number of | ||||||
| 26 | that aircraft. | ||||||
| |||||||
| |||||||
| 1 | (9) Proceeds of mandatory service charges separately
| ||||||
| 2 | stated on customers' bills for the purchase and consumption of | ||||||
| 3 | food and
beverages, to the extent that the proceeds of the | ||||||
| 4 | service charge are in fact
turned over as tips or as a | ||||||
| 5 | substitute for tips to the employees who
participate directly | ||||||
| 6 | in preparing, serving, hosting or cleaning up the
food or | ||||||
| 7 | beverage function with respect to which the service charge is | ||||||
| 8 | imposed.
| ||||||
| 9 | (10) Until July 1, 2003, oil field exploration, drilling, | ||||||
| 10 | and production
equipment,
including (i) rigs and parts of rigs, | ||||||
| 11 | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and | ||||||
| 12 | tubular goods, including casing and
drill strings, (iii) pumps | ||||||
| 13 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
| 14 | individual replacement part for oil field exploration,
| ||||||
| 15 | drilling, and production equipment, and (vi) machinery and | ||||||
| 16 | equipment purchased
for lease; but
excluding motor vehicles | ||||||
| 17 | required to be registered under the Illinois
Vehicle Code.
| ||||||
| 18 | (11) Photoprocessing machinery and equipment, including | ||||||
| 19 | repair and
replacement parts, both new and used, including that | ||||||
| 20 | manufactured on
special order, certified by the purchaser to be | ||||||
| 21 | used primarily for
photoprocessing, and including | ||||||
| 22 | photoprocessing machinery and equipment
purchased for lease.
| ||||||
| 23 | (12) Coal and aggregate exploration, mining, off-highway | ||||||
| 24 | offhighway hauling,
processing,
maintenance, and reclamation | ||||||
| 25 | equipment, including
replacement parts and equipment, and | ||||||
| 26 | including
equipment
purchased for lease, but excluding motor | ||||||
| |||||||
| |||||||
| 1 | vehicles required to be registered
under the Illinois Vehicle | ||||||
| 2 | Code. The changes made to this Section by Public Act 97-767 | ||||||
| 3 | apply on and after July 1, 2003, but no claim for credit or | ||||||
| 4 | refund is allowed on or after August 16, 2013 (the effective | ||||||
| 5 | date of Public Act 98-456) this amendatory Act of the 98th | ||||||
| 6 | General Assembly
for such taxes paid during the period | ||||||
| 7 | beginning July 1, 2003 and ending on August 16, 2013 (the | ||||||
| 8 | effective date of Public Act 98-456) this amendatory Act of the | ||||||
| 9 | 98th General Assembly.
| ||||||
| 10 | (13) Beginning January 1, 1992 and through June 30, 2016, | ||||||
| 11 | food for human consumption that is to be consumed off the | ||||||
| 12 | premises
where it is sold (other than alcoholic beverages, soft | ||||||
| 13 | drinks and food that
has been prepared for immediate | ||||||
| 14 | consumption) and prescription and
non-prescription medicines, | ||||||
| 15 | drugs, medical appliances, and insulin, urine
testing | ||||||
| 16 | materials, syringes, and needles used by diabetics, for human | ||||||
| 17 | use,
when purchased for use by a person receiving medical | ||||||
| 18 | assistance under
Article V of the Illinois Public Aid Code who | ||||||
| 19 | resides in a licensed
long-term care facility, as defined in | ||||||
| 20 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
| 21 | in the ID/DD Community Care Act or the Specialized Mental | ||||||
| 22 | Health Rehabilitation Act of 2013.
| ||||||
| 23 | (14) Semen used for artificial insemination of livestock | ||||||
| 24 | for direct
agricultural production.
| ||||||
| 25 | (15) 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 (15) is exempt from the provisions | ||||||
| 5 | of Section 3-55, and the exemption provided for under this item | ||||||
| 6 | (15) applies for all periods beginning May 30, 1995, but no | ||||||
| 7 | claim for credit or refund is allowed on or after January 1, | ||||||
| 8 | 2008 (the effective date of Public Act 95-88)
for such taxes | ||||||
| 9 | paid during the period beginning May 30, 2000 and ending on | ||||||
| 10 | January 1, 2008 (the effective date of Public Act 95-88).
| ||||||
| 11 | (16) Computers and communications equipment utilized for | ||||||
| 12 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
| 13 | analysis, or treatment of hospital patients sold to a lessor | ||||||
| 14 | who leases the
equipment, under a lease of one year or longer | ||||||
| 15 | executed or in effect at the
time of the purchase, to a
| ||||||
| 16 | hospital
that has been issued an active tax exemption | ||||||
| 17 | identification number by the
Department under Section 1g of the | ||||||
| 18 | Retailers' Occupation Tax Act.
| ||||||
| 19 | (17) Personal property sold to a lessor who leases the
| ||||||
| 20 | property, under a
lease of one year or longer executed or in | ||||||
| 21 | effect at the time of the purchase,
to a governmental body
that | ||||||
| 22 | has been issued an active tax exemption identification number | ||||||
| 23 | by the
Department under Section 1g of the Retailers' Occupation | ||||||
| 24 | Tax Act.
| ||||||
| 25 | (18) Beginning with taxable years ending on or after | ||||||
| 26 | December
31, 1995
and
ending with taxable years ending on or | ||||||
| |||||||
| |||||||
| 1 | before December 31, 2004,
personal property that is
donated for | ||||||
| 2 | disaster relief to be used in a State or federally declared
| ||||||
| 3 | disaster area in Illinois or bordering Illinois by a | ||||||
| 4 | manufacturer or retailer
that is registered in this State to a | ||||||
| 5 | corporation, society, association,
foundation, or institution | ||||||
| 6 | that has been issued a sales tax exemption
identification | ||||||
| 7 | number by the Department that assists victims of the disaster
| ||||||
| 8 | who reside within the declared disaster area.
| ||||||
| 9 | (19) 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 used in the | ||||||
| 12 | performance of infrastructure repairs in this
State, including | ||||||
| 13 | but not limited to municipal roads and streets, access roads,
| ||||||
| 14 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
| 15 | line extensions,
water distribution and purification | ||||||
| 16 | facilities, storm water drainage and
retention facilities, and | ||||||
| 17 | sewage treatment facilities, resulting from a State
or | ||||||
| 18 | federally declared disaster in Illinois or bordering Illinois | ||||||
| 19 | when such
repairs are initiated on facilities located in the | ||||||
| 20 | declared disaster area
within 6 months after the disaster.
| ||||||
| 21 | (20) Beginning July 1, 1999, game or game birds sold at a | ||||||
| 22 | "game breeding
and
hunting preserve area" as that term is used
| ||||||
| 23 | in the
Wildlife Code. This paragraph is exempt from the | ||||||
| 24 | provisions
of
Section 3-55.
| ||||||
| 25 | (21) A motor vehicle, as that term is defined in Section | ||||||
| 26 | 1-146
of the
Illinois Vehicle Code, that is donated to a | ||||||
| |||||||
| |||||||
| 1 | corporation, limited liability
company, society, association, | ||||||
| 2 | foundation, or institution that is determined by
the Department | ||||||
| 3 | to be organized and operated exclusively for educational
| ||||||
| 4 | purposes. For purposes of this exemption, "a corporation, | ||||||
| 5 | limited liability
company, society, association, foundation, | ||||||
| 6 | or institution organized and
operated
exclusively for | ||||||
| 7 | educational purposes" means all tax-supported public schools,
| ||||||
| 8 | private schools that offer systematic instruction in useful | ||||||
| 9 | branches of
learning by methods common to public schools and | ||||||
| 10 | that compare favorably in
their scope and intensity with the | ||||||
| 11 | course of study presented in tax-supported
schools, and | ||||||
| 12 | vocational or technical schools or institutes organized and
| ||||||
| 13 | operated exclusively to provide a course of study of not less | ||||||
| 14 | than 6 weeks
duration and designed to prepare individuals to | ||||||
| 15 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
| 16 | industrial, business, or commercial
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
other | ||||||
| 8 | items, and replacement parts for these machines.
Beginning | ||||||
| 9 | January 1,
2002 and through June 30, 2003, machines and parts | ||||||
| 10 | for
machines used in commercial, coin-operated amusement
and | ||||||
| 11 | vending business if a use or occupation tax is paid on the | ||||||
| 12 | gross receipts
derived from
the use of the commercial, | ||||||
| 13 | coin-operated amusement and vending machines.
This paragraph | ||||||
| 14 | is exempt from the provisions of Section 3-55.
| ||||||
| 15 | (24) Beginning
on the effective date of this amendatory Act | ||||||
| 16 | of the 92nd General Assembly,
computers and communications | ||||||
| 17 | equipment
utilized for any hospital purpose and equipment used | ||||||
| 18 | in the diagnosis,
analysis, or treatment of hospital patients | ||||||
| 19 | sold to a lessor who leases the
equipment, under a lease of one | ||||||
| 20 | year or longer executed or in effect at the
time of the | ||||||
| 21 | purchase, to a hospital that has been issued an active tax
| ||||||
| 22 | exemption identification number by the Department under | ||||||
| 23 | Section 1g of the
Retailers' Occupation Tax Act. This paragraph | ||||||
| 24 | is exempt from the provisions of
Section 3-55.
| ||||||
| 25 | (25) Beginning
on the effective date of this amendatory Act | ||||||
| 26 | of the 92nd General Assembly,
personal property sold to a | ||||||
| |||||||
| |||||||
| 1 | lessor who
leases the property, under a lease of one year or | ||||||
| 2 | longer 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 the | ||||||
| 5 | Retailers' Occupation Tax Act. This paragraph is exempt from | ||||||
| 6 | 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) for | ||||||
| 12 | the purpose of subsequently
transporting it outside this State | ||||||
| 13 | for use or consumption thereafter solely
outside this State or | ||||||
| 14 | (ii) for the purpose of being processed, fabricated, or
| ||||||
| 15 | manufactured into, attached to, or incorporated into other | ||||||
| 16 | tangible personal
property to be transported outside this State | ||||||
| 17 | and thereafter used or consumed
solely outside this State. The | ||||||
| 18 | Director of Revenue shall, pursuant to rules
adopted in | ||||||
| 19 | accordance with the Illinois Administrative Procedure Act, | ||||||
| 20 | issue a
permit to any taxpayer in good standing with the | ||||||
| 21 | Department who is eligible for
the exemption under this | ||||||
| 22 | paragraph (26). The permit issued under
this paragraph (26) | ||||||
| 23 | shall authorize the holder, to the extent and
in the manner | ||||||
| 24 | specified in the rules adopted under this Act, to purchase
| ||||||
| 25 | tangible personal property from a retailer exempt from the | ||||||
| 26 | taxes imposed by
this Act. Taxpayers shall maintain all | ||||||
| |||||||
| |||||||
| 1 | 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 under | ||||||
| 9 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
| 10 | 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 instruments | ||||||
| 20 | issued by the public-facilities corporation in connection with | ||||||
| 21 | the development of the municipal convention hall. This | ||||||
| 22 | exemption includes existing public-facilities corporations as | ||||||
| 23 | provided in Section 11-65-25 of the Illinois Municipal Code. | ||||||
| 24 | This paragraph is exempt from the provisions of Section 3-55. | ||||||
| 25 | (29) Beginning January 1, 2010, materials, parts, | ||||||
| 26 | equipment, components, and furnishings incorporated into or | ||||||
| |||||||
| |||||||
| 1 | upon an aircraft as part of the modification, refurbishment, | ||||||
| 2 | completion, replacement, repair, or maintenance of the | ||||||
| 3 | aircraft. This exemption includes consumable supplies used in | ||||||
| 4 | the modification, refurbishment, completion, replacement, | ||||||
| 5 | repair, and maintenance of aircraft, but excludes any | ||||||
| 6 | materials, parts, equipment, components, and consumable | ||||||
| 7 | supplies used in the modification, replacement, repair, and | ||||||
| 8 | maintenance of aircraft engines or power plants, whether such | ||||||
| 9 | engines or power plants are installed or uninstalled upon any | ||||||
| 10 | such aircraft. "Consumable supplies" include, but are not | ||||||
| 11 | limited to, adhesive, tape, sandpaper, general purpose | ||||||
| 12 | lubricants, cleaning solution, latex gloves, and protective | ||||||
| 13 | films. This exemption applies only to the transfer of | ||||||
| 14 | qualifying tangible personal property incident to the | ||||||
| 15 | modification, refurbishment, completion, replacement, repair, | ||||||
| 16 | or maintenance of an aircraft by persons who (i) hold an Air | ||||||
| 17 | Agency Certificate and are empowered to operate an approved | ||||||
| 18 | repair station by the Federal Aviation Administration, (ii) | ||||||
| 19 | have a Class IV Rating, and (iii) conduct operations in | ||||||
| 20 | accordance with Part 145 of the Federal Aviation Regulations. | ||||||
| 21 | The exemption does not include aircraft operated by a | ||||||
| 22 | commercial air carrier providing scheduled passenger air | ||||||
| 23 | service pursuant to authority issued under Part 121 or Part 129 | ||||||
| 24 | of the Federal Aviation Regulations. The changes made to this | ||||||
| 25 | paragraph (29) by Public Act 98-534 this amendatory Act of the | ||||||
| 26 | 98th General Assembly are declarative of existing law. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, | ||||||
| 2 | eff. 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, | ||||||
| 3 | eff. 7-9-12; 98-104, eff. 7-22-13; 98-422, eff. 8-16-13; | ||||||
| 4 | 98-456, eff. 8-16-13; 98-534, eff. 8-23-13; revised 9-9-13.)
| ||||||
| 5 | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| ||||||
| 6 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| 7 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 8 | the "selling price",
as defined in Section 2 of the Service Use | ||||||
| 9 | Tax Act, of the tangible
personal property. For the purpose of | ||||||
| 10 | computing this tax, in no event
shall the "selling price" be | ||||||
| 11 | less than the cost price to the serviceman of
the tangible | ||||||
| 12 | personal property transferred. The selling price of each item
| ||||||
| 13 | of tangible personal property transferred as an incident of a | ||||||
| 14 | sale of
service may be shown as a distinct and separate item on | ||||||
| 15 | the serviceman's
billing to the service customer. If the | ||||||
| 16 | selling price is not so shown, the
selling price of the | ||||||
| 17 | tangible personal property is deemed to be 50% of the
| ||||||
| 18 | serviceman's entire billing to the service customer. When, | ||||||
| 19 | however, a
serviceman contracts to design, develop, and produce | ||||||
| 20 | special order machinery or
equipment, the tax imposed by this | ||||||
| 21 | Act shall be based on the serviceman's
cost price of the | ||||||
| 22 | tangible personal property transferred incident to the
| ||||||
| 23 | completion of the contract.
| ||||||
| 24 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 25 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
| |||||||
| |||||||
| 1 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
| 2 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
| 3 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 4 | tax imposed
by this Act shall apply to (i) 70% of the cost | ||||||
| 5 | price of property
transferred as
an incident to the sale of | ||||||
| 6 | service on or after January 1, 1990, and before
July 1, 2003, | ||||||
| 7 | (ii) 80% of the selling price of property transferred as an
| ||||||
| 8 | incident to the sale of service on or after July
1, 2003 and on | ||||||
| 9 | or before December 31, 2018, and (iii) 100%
of
the cost price
| ||||||
| 10 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
| 11 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
| 12 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
| 13 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
| 14 | With respect to majority blended ethanol fuel, as defined | ||||||
| 15 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
| 16 | to the selling price of property transferred
as an incident to | ||||||
| 17 | the sale of service on or after July 1, 2003 and on or before
| ||||||
| 18 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 19 | thereafter.
| ||||||
| 20 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
| 21 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
| 22 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
| 23 | of property transferred as an incident
to the sale of service | ||||||
| 24 | on or after July 1, 2003 and on or before December 31, 2018
and | ||||||
| 25 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
| 26 | at any time, however, the tax under this Act on sales of | ||||||
| |||||||
| |||||||
| 1 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
| 2 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
| 3 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
| 4 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
| 5 | and no more than 10% biodiesel
made
during that time.
| ||||||
| 6 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
| 7 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
| 8 | more than 10% but no more than 99% biodiesel material, the tax | ||||||
| 9 | imposed by this
Act
does not apply to the proceeds of the | ||||||
| 10 | selling price of property transferred
as an incident to the | ||||||
| 11 | sale of service on or after July 1, 2003 and on or before
| ||||||
| 12 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 13 | thereafter.
| ||||||
| 14 | At the election of any registered serviceman made for each | ||||||
| 15 | fiscal year,
sales of service in which the aggregate annual | ||||||
| 16 | cost price of tangible
personal property transferred as an | ||||||
| 17 | incident to the sales of service is
less than 35%, or 75% in | ||||||
| 18 | the case of servicemen transferring prescription
drugs or | ||||||
| 19 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
| 20 | annual total gross receipts from all sales of service, the tax | ||||||
| 21 | imposed by
this Act shall be based on the serviceman's cost | ||||||
| 22 | price of the tangible
personal property transferred incident to | ||||||
| 23 | the sale of those services.
| ||||||
| 24 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
| 25 | for
immediate consumption and transferred incident to a sale of | ||||||
| 26 | service subject
to this Act or the Service Occupation Tax Act | ||||||
| |||||||
| |||||||
| 1 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
| 2 | Nursing Home Care Act, the ID/DD Community Care Act, the | ||||||
| 3 | Specialized Mental Health Rehabilitation Act of 2013, or the
| ||||||
| 4 | Child Care Act of 1969. The tax shall
also be imposed at the | ||||||
| 5 | rate of 1% on food for human consumption that is
to be consumed | ||||||
| 6 | off the
premises where it is sold (other than alcoholic | ||||||
| 7 | beverages, soft drinks, and
food that has been prepared for | ||||||
| 8 | immediate consumption and is not
otherwise included in this | ||||||
| 9 | paragraph) and prescription and
nonprescription medicines, | ||||||
| 10 | drugs, medical appliances, modifications to a motor
vehicle for | ||||||
| 11 | the purpose of rendering it usable by a disabled person, and
| ||||||
| 12 | insulin, urine testing materials, syringes, and needles used by | ||||||
| 13 | diabetics, for
human use. For the purposes of this Section, | ||||||
| 14 | until September 1, 2009: the term "soft drinks" means any
| ||||||
| 15 | complete, finished, ready-to-use, non-alcoholic drink, whether | ||||||
| 16 | carbonated or
not, including but not limited to soda water, | ||||||
| 17 | cola, fruit juice, vegetable
juice, carbonated water, and all | ||||||
| 18 | other preparations commonly known as soft
drinks of whatever | ||||||
| 19 | kind or description that are contained in any closed or
sealed | ||||||
| 20 | can, carton, or container, regardless of size; but "soft | ||||||
| 21 | drinks" does not
include coffee, tea, non-carbonated water, | ||||||
| 22 | infant formula, milk or milk
products as defined in the Grade A | ||||||
| 23 | Pasteurized Milk and Milk Products Act, or
drinks containing | ||||||
| 24 | 50% or more natural fruit or vegetable juice.
| ||||||
| 25 | Notwithstanding any other provisions of this
Act, | ||||||
| 26 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| |||||||
| |||||||
| 1 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 2 | drinks" do not include beverages that contain milk or milk | ||||||
| 3 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 4 | than 50% of vegetable or fruit juice by volume. | ||||||
| 5 | Until August 1, 2009, and notwithstanding any other | ||||||
| 6 | provisions of this Act, "food for human consumption
that is to | ||||||
| 7 | be consumed off the premises where it is sold" includes all | ||||||
| 8 | food
sold through a vending machine, except soft drinks and | ||||||
| 9 | food products that are
dispensed hot from a vending machine, | ||||||
| 10 | regardless of the location of the vending
machine. Beginning | ||||||
| 11 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 12 | this Act, "food for human consumption that is to be consumed | ||||||
| 13 | off the premises where it is sold" includes all food sold | ||||||
| 14 | through a vending machine, except soft drinks, candy, and food | ||||||
| 15 | products that are dispensed hot from a vending machine, | ||||||
| 16 | regardless of the location of the vending machine.
| ||||||
| 17 | Notwithstanding any other provisions of this
Act, | ||||||
| 18 | beginning September 1, 2009, "food for human consumption that | ||||||
| 19 | is to be consumed off the premises where
it is sold" does not | ||||||
| 20 | include candy. For purposes of this Section, "candy" means a | ||||||
| 21 | preparation of sugar, honey, or other natural or artificial | ||||||
| 22 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
| 23 | ingredients or flavorings in the form of bars, drops, or | ||||||
| 24 | pieces. "Candy" does not include any preparation that contains | ||||||
| 25 | flour or requires refrigeration. | ||||||
| 26 | Notwithstanding any other provisions of this
Act, | ||||||
| |||||||
| |||||||
| 1 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 2 | drugs" does not include grooming and hygiene products. For | ||||||
| 3 | purposes of this Section, "grooming and hygiene products" | ||||||
| 4 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 5 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 6 | lotions and screens, unless those products are available by | ||||||
| 7 | prescription only, regardless of whether the products meet the | ||||||
| 8 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 9 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 10 | use that contains a label that identifies the product as a drug | ||||||
| 11 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
| 12 | label includes: | ||||||
| 13 | (A) A "Drug Facts" panel; or | ||||||
| 14 | (B) A statement of the "active ingredient(s)" with a | ||||||
| 15 | list of those ingredients contained in the compound, | ||||||
| 16 | substance or preparation. | ||||||
| 17 | Beginning on January 1, 2014 (the effective date of Public | ||||||
| 18 | Act 98-122) this amendatory Act of the 98th General Assembly, | ||||||
| 19 | "prescription and nonprescription medicines and drugs" | ||||||
| 20 | includes medical cannabis purchased from a registered | ||||||
| 21 | dispensing organization under the Compassionate Use of Medical | ||||||
| 22 | Cannabis Pilot Program Act. | ||||||
| 23 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, | ||||||
| 24 | eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; revised | ||||||
| 25 | 8-9-13.)
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 115/9) (from Ch. 120, par. 439.109) | ||||||
| 2 | Sec. 9. Each serviceman required or authorized to collect | ||||||
| 3 | the tax
herein imposed shall pay to the Department the amount | ||||||
| 4 | of such tax at the
time when he is required to file his return | ||||||
| 5 | for the period during which
such tax was collectible, less a | ||||||
| 6 | discount of 2.1% prior to
January 1, 1990, and 1.75% on and | ||||||
| 7 | after January 1, 1990, or
$5 per calendar year, whichever is | ||||||
| 8 | greater, which is allowed to reimburse
the serviceman for | ||||||
| 9 | expenses incurred in collecting the tax, keeping
records, | ||||||
| 10 | preparing and filing returns, remitting the tax and supplying | ||||||
| 11 | data
to the Department on request. The Department may disallow | ||||||
| 12 | the discount for servicemen whose certificate of registration | ||||||
| 13 | is revoked at the time the return is filed, but only if the | ||||||
| 14 | Department's decision to revoke the certificate of | ||||||
| 15 | registration has become final. | ||||||
| 16 | Where such tangible personal property is sold under a | ||||||
| 17 | conditional
sales contract, or under any other form of sale | ||||||
| 18 | wherein the payment of
the principal sum, or a part thereof, is | ||||||
| 19 | extended beyond the close of
the period for which the return is | ||||||
| 20 | filed, the serviceman, in collecting
the tax may collect, for | ||||||
| 21 | each tax return period, only the tax applicable
to the part of | ||||||
| 22 | the selling price actually received during such tax return
| ||||||
| 23 | period. | ||||||
| 24 | Except as provided hereinafter in this Section, on or | ||||||
| 25 | before the twentieth
day of each calendar month, such | ||||||
| 26 | serviceman shall file a
return for the preceding calendar month | ||||||
| |||||||
| |||||||
| 1 | in accordance with reasonable
rules and regulations to be | ||||||
| 2 | promulgated by the Department of Revenue.
Such return shall be | ||||||
| 3 | filed on a form prescribed by the Department and
shall contain | ||||||
| 4 | such information as the Department may reasonably require. | ||||||
| 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 State; | ||||||
| 15 | 3. The total amount of taxable receipts received by him | ||||||
| 16 | during the
preceding calendar month, including receipts | ||||||
| 17 | from charge and time sales,
but less all deductions allowed | ||||||
| 18 | by law; | ||||||
| 19 | 4. The amount of credit provided in Section 2d of this | ||||||
| 20 | Act; | ||||||
| 21 | 5. The amount of tax due; | ||||||
| 22 | 5-5. The signature of the taxpayer; and | ||||||
| 23 | 6. Such other reasonable information as the Department | ||||||
| 24 | may
require. | ||||||
| 25 | If a taxpayer fails to sign a return within 30 days after | ||||||
| 26 | the proper notice
and demand for signature by the Department, | ||||||
| |||||||
| |||||||
| 1 | the return shall be considered
valid and any amount shown to be | ||||||
| 2 | due on the return shall be deemed assessed. | ||||||
| 3 | Prior to October 1, 2003, and on and after September 1, | ||||||
| 4 | 2004 a serviceman may accept a Manufacturer's
Purchase Credit | ||||||
| 5 | certification
from a purchaser in satisfaction
of Service Use | ||||||
| 6 | Tax as provided in Section 3-70 of the
Service Use Tax Act if | ||||||
| 7 | the purchaser provides
the
appropriate
documentation as | ||||||
| 8 | required by Section 3-70 of the Service Use Tax Act.
A | ||||||
| 9 | Manufacturer's Purchase Credit certification, accepted prior | ||||||
| 10 | to October 1,
2003 or on or after September 1, 2004 by a | ||||||
| 11 | serviceman as
provided in Section 3-70 of the Service Use Tax | ||||||
| 12 | Act, may be used by that
serviceman to satisfy Service | ||||||
| 13 | Occupation Tax liability in the amount claimed in
the | ||||||
| 14 | certification, not to exceed 6.25% of the receipts subject to | ||||||
| 15 | tax from a
qualifying purchase. A Manufacturer's Purchase | ||||||
| 16 | Credit reported on any
original or amended return
filed under
| ||||||
| 17 | this Act after October 20, 2003 for reporting periods prior to | ||||||
| 18 | September 1, 2004 shall be disallowed. Manufacturer's Purchase | ||||||
| 19 | Credit reported on annual returns due on or after January 1, | ||||||
| 20 | 2005 will be disallowed for periods prior to September 1, 2004.
| ||||||
| 21 | No Manufacturer's
Purchase Credit may be used after September | ||||||
| 22 | 30, 2003 through August 31, 2004 to
satisfy any
tax liability | ||||||
| 23 | imposed under this Act, including any audit liability. | ||||||
| 24 | If the serviceman's average monthly tax liability to
the | ||||||
| 25 | Department does not exceed $200, the Department may authorize | ||||||
| 26 | his
returns to be filed on a quarter annual basis, with the | ||||||
| |||||||
| |||||||
| 1 | return for
January, February and March of a given year being | ||||||
| 2 | due by April 20 of
such year; with the return for April, May | ||||||
| 3 | and June of a given year being
due by July 20 of such year; with | ||||||
| 4 | the return for July, August and
September of a given year being | ||||||
| 5 | due by October 20 of such year, and with
the return for | ||||||
| 6 | October, November and December of a given year being due
by | ||||||
| 7 | January 20 of the following year. | ||||||
| 8 | If the serviceman's average monthly tax liability to
the | ||||||
| 9 | Department does not exceed $50, the Department may authorize | ||||||
| 10 | his
returns to be filed on an annual basis, with the return for | ||||||
| 11 | a given year
being due by January 20 of the following year. | ||||||
| 12 | Such quarter annual and annual returns, as to form and | ||||||
| 13 | substance,
shall be subject to the same requirements as monthly | ||||||
| 14 | returns. | ||||||
| 15 | Notwithstanding any other provision in this Act concerning | ||||||
| 16 | the time within
which a serviceman may file his return, in the | ||||||
| 17 | case of any serviceman who
ceases to engage in a kind of | ||||||
| 18 | business which makes him responsible for filing
returns under | ||||||
| 19 | this Act, such serviceman shall file a final return under this
| ||||||
| 20 | Act with the Department not more than 1 month after | ||||||
| 21 | discontinuing such
business. | ||||||
| 22 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
| 23 | monthly tax
liability of $150,000 or more shall make all | ||||||
| 24 | payments required by rules of the
Department by electronic | ||||||
| 25 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
| 26 | an average monthly tax liability of $100,000 or more shall make | ||||||
| |||||||
| |||||||
| 1 | all
payments required by rules of the Department by electronic | ||||||
| 2 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
| 3 | an average monthly tax liability
of $50,000 or more shall make | ||||||
| 4 | all payments required by rules of the Department
by electronic | ||||||
| 5 | funds transfer. Beginning October 1, 2000, a taxpayer who has
| ||||||
| 6 | an annual tax liability of $200,000 or more shall make all | ||||||
| 7 | payments required by
rules of the Department by electronic | ||||||
| 8 | funds transfer. The term "annual tax
liability" shall be the | ||||||
| 9 | sum of the taxpayer's liabilities under this Act, and
under all | ||||||
| 10 | other State and local occupation and use tax laws administered | ||||||
| 11 | by the
Department, for the immediately preceding calendar year. | ||||||
| 12 | The term "average
monthly tax liability" means
the sum of the | ||||||
| 13 | taxpayer's liabilities under this Act, and under all other | ||||||
| 14 | State
and local occupation and use tax laws administered by the | ||||||
| 15 | Department, for the
immediately preceding calendar year | ||||||
| 16 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
| 17 | a tax liability in the
amount set forth in subsection (b) of | ||||||
| 18 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
| 19 | all payments required by rules of the Department by
electronic | ||||||
| 20 | funds transfer. | ||||||
| 21 | Before August 1 of each year beginning in 1993, the | ||||||
| 22 | Department shall
notify all taxpayers required to make payments | ||||||
| 23 | by electronic funds transfer.
All taxpayers required to make | ||||||
| 24 | payments by electronic funds transfer shall make
those payments | ||||||
| 25 | for a minimum of one year beginning on October 1. | ||||||
| 26 | Any taxpayer not required to make payments by electronic | ||||||
| |||||||
| |||||||
| 1 | funds transfer may
make payments by electronic funds transfer | ||||||
| 2 | with the
permission of the Department. | ||||||
| 3 | All taxpayers required to make payment by electronic funds | ||||||
| 4 | transfer and
any taxpayers authorized to voluntarily make | ||||||
| 5 | payments by electronic funds
transfer shall make those payments | ||||||
| 6 | in the manner authorized by the Department. | ||||||
| 7 | The Department shall adopt such rules as are necessary to | ||||||
| 8 | effectuate a
program of electronic funds transfer and the | ||||||
| 9 | requirements of this Section. | ||||||
| 10 | Where a serviceman collects the tax with respect to the | ||||||
| 11 | selling price of
tangible personal property which he sells and | ||||||
| 12 | the purchaser thereafter returns
such tangible personal | ||||||
| 13 | property and the serviceman refunds the
selling price thereof | ||||||
| 14 | to the purchaser, such serviceman shall also refund,
to the | ||||||
| 15 | purchaser, the tax so collected from the purchaser. When
filing | ||||||
| 16 | his return for the period in which he refunds such tax to the
| ||||||
| 17 | purchaser, the serviceman may deduct the amount of the tax so | ||||||
| 18 | refunded by
him to the purchaser from any other Service | ||||||
| 19 | Occupation Tax, Service Use
Tax, Retailers' Occupation Tax or | ||||||
| 20 | Use Tax which such serviceman may be
required to pay or remit | ||||||
| 21 | to the Department, as shown by such return,
provided that the | ||||||
| 22 | amount of the tax to be deducted shall previously have
been | ||||||
| 23 | remitted to the Department by such serviceman. If the | ||||||
| 24 | serviceman shall
not previously have remitted the amount of | ||||||
| 25 | such tax to the Department,
he shall be entitled to no | ||||||
| 26 | deduction hereunder upon refunding such tax
to the purchaser. | ||||||
| |||||||
| |||||||
| 1 | If experience indicates such action to be practicable, the | ||||||
| 2 | Department
may prescribe and furnish a combination or joint | ||||||
| 3 | return which will
enable servicemen, who are required to file | ||||||
| 4 | returns
hereunder and also under the Retailers' Occupation Tax | ||||||
| 5 | Act, the Use
Tax Act or the Service Use Tax Act, to furnish all | ||||||
| 6 | the return
information required by all said Acts on the one | ||||||
| 7 | form. | ||||||
| 8 | Where the serviceman has more than one business
registered | ||||||
| 9 | with the Department under separate registrations hereunder,
| ||||||
| 10 | such serviceman shall file separate returns for each
registered | ||||||
| 11 | business. | ||||||
| 12 | Beginning January 1, 1990, each month the Department shall | ||||||
| 13 | pay into
the Local Government Tax Fund the revenue realized for | ||||||
| 14 | the
preceding month from the 1% tax on sales of food for human | ||||||
| 15 | consumption
which is to be consumed off the premises where it | ||||||
| 16 | is sold (other than
alcoholic beverages, soft drinks and food | ||||||
| 17 | which has been prepared for
immediate consumption) and | ||||||
| 18 | prescription and nonprescription medicines,
drugs, medical | ||||||
| 19 | appliances and insulin, urine testing materials, syringes
and | ||||||
| 20 | needles used by diabetics. | ||||||
| 21 | Beginning January 1, 1990, each month the Department shall | ||||||
| 22 | pay into
the County and Mass Transit District Fund 4% of the | ||||||
| 23 | revenue realized
for the preceding month from the 6.25% general | ||||||
| 24 | rate. | ||||||
| 25 | Beginning August 1, 2000, each
month the Department shall | ||||||
| 26 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
| |||||||
| |||||||
| 1 | net revenue realized for the
preceding month from the 1.25% | ||||||
| 2 | rate on the selling price of motor fuel and
gasohol. | ||||||
| 3 | Beginning January 1, 1990, each month the Department shall | ||||||
| 4 | pay into
the Local Government Tax Fund 16% of the revenue | ||||||
| 5 | realized for the
preceding month from the 6.25% general rate on | ||||||
| 6 | transfers of
tangible personal property. | ||||||
| 7 | Beginning August 1, 2000, each
month the Department shall | ||||||
| 8 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
| 9 | realized for the preceding
month from the 1.25% rate on the | ||||||
| 10 | selling price of motor fuel and gasohol. | ||||||
| 11 | Beginning October 1, 2009, each month the Department shall | ||||||
| 12 | pay into the Capital Projects Fund an amount that is equal to | ||||||
| 13 | an amount estimated by the Department to represent 80% of the | ||||||
| 14 | net revenue realized for the preceding month from the sale of | ||||||
| 15 | candy, grooming and hygiene products, and soft drinks that had | ||||||
| 16 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
| 17 | are is now taxed at 6.25%. | ||||||
| 18 | Beginning July 1, 2013, each month the Department shall pay | ||||||
| 19 | into the Underground Storage Tank Fund from the proceeds | ||||||
| 20 | collected under this Act, the Use Tax Act, the Service Use Tax | ||||||
| 21 | Act, and the Retailers' Occupation Tax Act an amount equal to | ||||||
| 22 | the average monthly deficit in the Underground Storage Tank | ||||||
| 23 | Fund during the prior year, as certified annually by the | ||||||
| 24 | Illinois Environmental Protection Agency, but the total | ||||||
| 25 | payment into the Underground Storage Tank Fund under this Act, | ||||||
| 26 | the Use Tax Act, the Service Use Tax Act, and the Retailers' | ||||||
| |||||||
| |||||||
| 1 | Occupation Tax Act shall not exceed $18,000,000 in any State | ||||||
| 2 | fiscal year. As used in this paragraph, the "average monthly | ||||||
| 3 | deficit" shall be equal to the difference between the average | ||||||
| 4 | monthly claims for payment by the fund and the average monthly | ||||||
| 5 | revenues deposited into the fund, excluding payments made | ||||||
| 6 | pursuant to this paragraph. | ||||||
| 7 | Of the remainder of the moneys received by the Department | ||||||
| 8 | pursuant to
this Act, (a) 1.75% thereof shall be paid into the | ||||||
| 9 | Build Illinois Fund and
(b) prior to July 1, 1989, 2.2% and on | ||||||
| 10 | and after July 1, 1989, 3.8% thereof
shall be paid into the | ||||||
| 11 | Build Illinois Fund; provided, however, that if in
any fiscal | ||||||
| 12 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
| ||||||
| 13 | may be, of the moneys received by the Department and required | ||||||
| 14 | to be paid
into the Build Illinois Fund pursuant to Section 3 | ||||||
| 15 | of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax | ||||||
| 16 | Act, Section 9 of the Service
Use Tax Act, and Section 9 of the | ||||||
| 17 | Service Occupation Tax Act, such Acts
being hereinafter called | ||||||
| 18 | the "Tax Acts" and such aggregate of 2.2% or 3.8%,
as the case | ||||||
| 19 | may be, of moneys being hereinafter called the "Tax Act
| ||||||
| 20 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
| 21 | Fund from the
State and Local Sales Tax Reform Fund shall be | ||||||
| 22 | less than the Annual
Specified Amount (as defined in Section 3 | ||||||
| 23 | of the Retailers' Occupation Tax
Act), an amount equal to the | ||||||
| 24 | difference shall be immediately paid into the
Build Illinois | ||||||
| 25 | Fund from other moneys received by the Department pursuant
to | ||||||
| 26 | the Tax Acts; and further provided, that if on the last | ||||||
| |||||||
| |||||||
| 1 | business day of
any month the sum of (1) the Tax Act Amount | ||||||
| 2 | required to be deposited into
the Build Illinois Account in the | ||||||
| 3 | Build Illinois Fund during such month and
(2) the amount | ||||||
| 4 | transferred during such month to the Build Illinois Fund
from | ||||||
| 5 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
| 6 | than
1/12 of the Annual Specified Amount, an amount equal to | ||||||
| 7 | the difference
shall be immediately paid into the Build | ||||||
| 8 | Illinois Fund from other moneys
received by the Department | ||||||
| 9 | pursuant to the Tax Acts; and, further provided,
that in no | ||||||
| 10 | event shall the payments required under the preceding proviso
| ||||||
| 11 | result in aggregate payments into the Build Illinois Fund | ||||||
| 12 | pursuant to this
clause (b) for any fiscal year in excess of | ||||||
| 13 | the greater of (i) the Tax Act
Amount or (ii) the Annual | ||||||
| 14 | Specified Amount for such fiscal year; and,
further provided, | ||||||
| 15 | that the amounts payable into the Build Illinois Fund
under | ||||||
| 16 | this clause (b) shall be payable only until such time as the
| ||||||
| 17 | aggregate amount on deposit under each trust indenture securing | ||||||
| 18 | Bonds
issued and outstanding pursuant to the Build Illinois | ||||||
| 19 | Bond Act is
sufficient, taking into account any future | ||||||
| 20 | investment income, to fully
provide, in accordance with such | ||||||
| 21 | indenture, for the defeasance of or the
payment of the | ||||||
| 22 | principal of, premium, if any, and interest on the Bonds
| ||||||
| 23 | secured by such indenture and on any Bonds expected to be | ||||||
| 24 | issued thereafter
and all fees and costs payable with respect | ||||||
| 25 | thereto, all as certified by
the Director of the
Bureau of the | ||||||
| 26 | Budget (now Governor's Office of Management and Budget). If
on | ||||||
| |||||||
| |||||||
| 1 | the last business day of
any month in which Bonds are | ||||||
| 2 | outstanding pursuant to the Build Illinois
Bond Act, the | ||||||
| 3 | aggregate of the moneys deposited
in the Build Illinois Bond | ||||||
| 4 | Account in the Build Illinois Fund in such month
shall be less | ||||||
| 5 | than the amount required to be transferred in such month from
| ||||||
| 6 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
| 7 | Retirement and
Interest Fund pursuant to Section 13 of the | ||||||
| 8 | Build Illinois Bond Act, an
amount equal to such deficiency | ||||||
| 9 | shall be immediately paid
from other moneys received by the | ||||||
| 10 | Department pursuant to the Tax Acts
to the Build Illinois Fund; | ||||||
| 11 | provided, however, that any amounts paid to the
Build Illinois | ||||||
| 12 | Fund in any fiscal year pursuant to this sentence shall be
| ||||||
| 13 | deemed to constitute payments pursuant to clause (b) of the | ||||||
| 14 | preceding
sentence and shall reduce the amount otherwise | ||||||
| 15 | payable for such fiscal year
pursuant to clause (b) of the | ||||||
| 16 | preceding sentence. The moneys received by
the Department | ||||||
| 17 | pursuant to this Act and required to be deposited into the
| ||||||
| 18 | Build Illinois Fund are subject to the pledge, claim and charge | ||||||
| 19 | set forth
in Section 12 of the Build Illinois Bond Act. | ||||||
| 20 | Subject to payment of amounts into the Build Illinois Fund | ||||||
| 21 | as provided in
the preceding paragraph or in any amendment | ||||||
| 22 | thereto hereafter enacted, the
following specified monthly | ||||||
| 23 | installment of the amount requested in the
certificate of the | ||||||
| 24 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||
| 25 | provided under Section 8.25f of the State Finance Act, but not | ||||||
| 26 | in
excess of the sums designated as "Total Deposit", shall be | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | deposited in the
aggregate from collections under Section 9 of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | 9 of the Service Occupation Tax Act, and
Section 3 of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | Retailers' Occupation Tax Act into the McCormick Place
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | Expansion Project Fund in the specified fiscal years. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||
| |||||||||||||||||
| |||||||||||||||||
| 4 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||
| 5 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||
| 6 | certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||
| 7 | Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||
| 8 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||
| 9 | the
State Treasurer in the respective month under subsection | ||||||||||||||||
| 10 | (g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||
| 11 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||||||||||||
| 12 | required under this Section for previous
months and years, | ||||||||||||||||
| 13 | shall be deposited into the McCormick Place Expansion
Project | ||||||||||||||||
| 14 | Fund, until the full amount requested for the fiscal year, but | ||||||||||||||||
| 15 | not
in excess of the amount specified above as "Total Deposit", | ||||||||||||||||
| 16 | has been deposited. | ||||||||||||||||
| 17 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||
| 18 | and the
McCormick
Place Expansion Project Fund
pursuant to the | ||||||||||||||||
| 19 | preceding paragraphs or in any amendments thereto hereafter
| ||||||||||||||||
| 20 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||||||||||||
| 21 | 2013, the Department shall each month pay into the
Illinois Tax | ||||||||||||||||
| 22 | Increment Fund 0.27% of 80% of the net revenue realized for the
| ||||||||||||||||
| 23 | preceding month from the 6.25% general rate on the selling | ||||||||||||||||
| 24 | price of tangible
personal property. | ||||||||||||||||
| 25 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||
| 26 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||||||||||||
| |||||||
| |||||||
| 1 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
| 2 | enacted, beginning with the receipt of the first
report of | ||||||
| 3 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
| 4 | period, the Department shall each month pay into the Energy | ||||||
| 5 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
| 6 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
| 7 | that was sold to an eligible business.
For purposes of this | ||||||
| 8 | paragraph, the term "eligible business" means a new
electric | ||||||
| 9 | generating facility certified pursuant to Section 605-332 of | ||||||
| 10 | the
Department of Commerce and
Economic Opportunity Law of the | ||||||
| 11 | Civil Administrative
Code of Illinois. | ||||||
| 12 | Of the remainder of the moneys received by the Department | ||||||
| 13 | pursuant to this
Act, 75% shall be paid into the General | ||||||
| 14 | Revenue Fund of the State Treasury and 25% shall be reserved in | ||||||
| 15 | a special account and used only for the transfer to the Common | ||||||
| 16 | School Fund as part of the monthly transfer from the General | ||||||
| 17 | Revenue Fund in accordance with Section 8a of the State Finance | ||||||
| 18 | Act. | ||||||
| 19 | The Department may, upon separate written notice to a | ||||||
| 20 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
| 21 | Department on a form
prescribed by the Department within not | ||||||
| 22 | less than 60 days after receipt
of the notice an annual | ||||||
| 23 | information return for the tax year specified in
the notice. | ||||||
| 24 | Such annual return to the Department shall include a
statement | ||||||
| 25 | of gross receipts as shown by the taxpayer's last Federal | ||||||
| 26 | income
tax return. If the total receipts of the business as | ||||||
| |||||||
| |||||||
| 1 | reported in the
Federal income tax return do not agree with the | ||||||
| 2 | gross receipts reported to
the Department of Revenue for the | ||||||
| 3 | same period, the taxpayer shall attach
to his annual return a | ||||||
| 4 | schedule showing a reconciliation of the 2
amounts and the | ||||||
| 5 | reasons for the difference. The taxpayer's annual
return to the | ||||||
| 6 | Department shall also disclose the cost of goods sold by
the | ||||||
| 7 | taxpayer during the year covered by such return, opening and | ||||||
| 8 | closing
inventories of such goods for such year, cost of goods | ||||||
| 9 | used from stock
or taken from stock and given away by the | ||||||
| 10 | taxpayer during such year, pay
roll information of the | ||||||
| 11 | taxpayer's business during such year and any
additional | ||||||
| 12 | reasonable information which the Department deems would be
| ||||||
| 13 | helpful in determining the accuracy of the monthly, quarterly | ||||||
| 14 | or annual
returns filed by such taxpayer as hereinbefore | ||||||
| 15 | provided for in this
Section. | ||||||
| 16 | If the annual information return required by this Section | ||||||
| 17 | is not
filed when and as required, the taxpayer shall be liable | ||||||
| 18 | as follows: | ||||||
| 19 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
| 20 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
| 21 | taxpayer
under this Act during the period to be covered by | ||||||
| 22 | the annual return
for each month or fraction of a month | ||||||
| 23 | until such return is filed as
required, the penalty to be | ||||||
| 24 | assessed and collected in the same manner
as any other | ||||||
| 25 | penalty provided for in this Act. | ||||||
| 26 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
| |||||||
| |||||||
| 1 | be liable for a
penalty as described in Section 3-4 of the | ||||||
| 2 | Uniform Penalty and Interest Act. | ||||||
| 3 | The chief executive officer, proprietor, owner or highest | ||||||
| 4 | ranking
manager shall sign the annual return to certify the | ||||||
| 5 | accuracy of the
information contained therein. Any person who | ||||||
| 6 | willfully signs the
annual return containing false or | ||||||
| 7 | inaccurate information shall be guilty
of perjury and punished | ||||||
| 8 | accordingly. The annual return form prescribed
by the | ||||||
| 9 | Department shall include a warning that the person signing the
| ||||||
| 10 | return may be liable for perjury. | ||||||
| 11 | The foregoing portion of this Section concerning the filing | ||||||
| 12 | of an
annual information return shall not apply to a serviceman | ||||||
| 13 | who is not
required to file an income tax return with the | ||||||
| 14 | United States Government. | ||||||
| 15 | As soon as possible after the first day of each month, upon | ||||||
| 16 | certification
of the Department of Revenue, the Comptroller | ||||||
| 17 | shall order transferred and
the Treasurer shall transfer from | ||||||
| 18 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
| 19 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
| 20 | for the second preceding month.
Beginning April 1, 2000, this | ||||||
| 21 | transfer is no longer required
and shall not be made. | ||||||
| 22 | Net revenue realized for a month shall be the revenue | ||||||
| 23 | collected by the State
pursuant to this Act, less the amount | ||||||
| 24 | paid out during that month as
refunds to taxpayers for | ||||||
| 25 | overpayment of liability. | ||||||
| 26 | For greater simplicity of administration, it shall be | ||||||
| |||||||
| |||||||
| 1 | permissible for
manufacturers, importers and wholesalers whose | ||||||
| 2 | products are sold by numerous
servicemen in Illinois, and who | ||||||
| 3 | wish to do so, to
assume the responsibility for accounting and | ||||||
| 4 | paying to the Department
all tax accruing under this Act with | ||||||
| 5 | respect to such sales, if the
servicemen who are affected do | ||||||
| 6 | not make written objection to the
Department to this | ||||||
| 7 | arrangement. | ||||||
| 8 | (Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13; | ||||||
| 9 | 98-298, eff. 8-9-13; 98-496, eff. 1-1-14; revised 9-9-13.)
| ||||||
| 10 | Section 190. The Retailers' Occupation Tax Act is amended | ||||||
| 11 | by changing Sections 2-5, 2a, and 3 as follows:
| ||||||
| 12 | (35 ILCS 120/2-5)
| ||||||
| 13 | Sec. 2-5. Exemptions. Gross receipts from proceeds from the | ||||||
| 14 | sale of
the following tangible personal property are exempt | ||||||
| 15 | from the tax imposed
by this Act:
| ||||||
| 16 | (1) Farm chemicals.
| ||||||
| 17 | (2) Farm machinery and equipment, both new and used, | ||||||
| 18 | including that
manufactured on special order, certified by the | ||||||
| 19 | purchaser to be used
primarily for production agriculture or | ||||||
| 20 | State or federal agricultural
programs, including individual | ||||||
| 21 | replacement parts for the machinery and
equipment, including | ||||||
| 22 | machinery and equipment purchased for lease,
and including | ||||||
| 23 | implements of husbandry defined in Section 1-130 of
the | ||||||
| 24 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| |||||||
| |||||||
| 1 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
| 2 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
| 3 | but
excluding other motor vehicles required to be registered | ||||||
| 4 | under the Illinois
Vehicle Code.
Horticultural polyhouses or | ||||||
| 5 | hoop houses used for propagating, growing, or
overwintering | ||||||
| 6 | plants shall be considered farm machinery and equipment under
| ||||||
| 7 | this item (2).
Agricultural chemical tender tanks and dry boxes | ||||||
| 8 | shall include units sold
separately from a motor vehicle | ||||||
| 9 | required to be licensed and units sold mounted
on a motor | ||||||
| 10 | vehicle required to be licensed, if the selling price of the | ||||||
| 11 | tender
is separately stated.
| ||||||
| 12 | Farm machinery and equipment shall include precision | ||||||
| 13 | farming equipment
that is
installed or purchased to be | ||||||
| 14 | installed on farm machinery and equipment
including, but not | ||||||
| 15 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
| 16 | or spreaders.
Precision farming equipment includes, but is not | ||||||
| 17 | limited to,
soil testing sensors, computers, monitors, | ||||||
| 18 | software, global positioning
and mapping systems, and other | ||||||
| 19 | such equipment.
| ||||||
| 20 | Farm machinery and equipment also includes computers, | ||||||
| 21 | sensors, software, and
related equipment used primarily in the
| ||||||
| 22 | computer-assisted operation of production agriculture | ||||||
| 23 | facilities, equipment,
and activities such as, but
not limited | ||||||
| 24 | to,
the collection, monitoring, and correlation of
animal and | ||||||
| 25 | crop data for the purpose of
formulating animal diets and | ||||||
| 26 | agricultural chemicals. This item (2) is exempt
from the | ||||||
| |||||||
| |||||||
| 1 | provisions of
Section 2-70.
| ||||||
| 2 | (3) Until July 1, 2003, distillation machinery and | ||||||
| 3 | equipment, sold as a
unit or kit,
assembled or installed by the | ||||||
| 4 | retailer, certified by the user to be used
only for the | ||||||
| 5 | production of ethyl alcohol that will be used for consumption
| ||||||
| 6 | as motor fuel or as a component of motor fuel for the personal | ||||||
| 7 | use of the
user, and not subject to sale or resale.
| ||||||
| 8 | (4) Until July 1, 2003 and beginning again September 1, | ||||||
| 9 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 10 | equipment, including
repair and
replacement parts, both new and | ||||||
| 11 | used, and including that manufactured on
special order or | ||||||
| 12 | purchased for lease, certified by the purchaser to be used
| ||||||
| 13 | primarily for graphic arts production.
Equipment includes | ||||||
| 14 | chemicals or
chemicals acting as catalysts but only if
the | ||||||
| 15 | chemicals or chemicals acting as catalysts effect a direct and | ||||||
| 16 | immediate
change upon a
graphic arts product.
| ||||||
| 17 | (5) A motor vehicle that is used for automobile renting, as | ||||||
| 18 | defined in the Automobile Renting Occupation and Use Tax Act. | ||||||
| 19 | This paragraph is exempt from
the provisions of Section 2-70.
| ||||||
| 20 | (6) Personal property sold by a teacher-sponsored student | ||||||
| 21 | organization
affiliated with an elementary or secondary school | ||||||
| 22 | located in Illinois.
| ||||||
| 23 | (7) Until July 1, 2003, proceeds of that portion of the | ||||||
| 24 | selling price of
a passenger car the
sale of which is subject | ||||||
| 25 | to the Replacement Vehicle Tax.
| ||||||
| 26 | (8) Personal property sold to an Illinois county fair | ||||||
| |||||||
| |||||||
| 1 | association for
use in conducting, operating, or promoting the | ||||||
| 2 | county fair.
| ||||||
| 3 | (9) Personal property sold to a not-for-profit arts
or | ||||||
| 4 | cultural organization that establishes, by proof required by | ||||||
| 5 | the Department
by
rule, that it has received an exemption under | ||||||
| 6 | Section 501(c)(3) of the
Internal Revenue Code and that is | ||||||
| 7 | organized and operated primarily for the
presentation
or | ||||||
| 8 | support of arts or cultural programming, activities, or | ||||||
| 9 | services. These
organizations include, but are not limited to, | ||||||
| 10 | music and dramatic arts
organizations such as symphony | ||||||
| 11 | orchestras and theatrical groups, arts and
cultural service | ||||||
| 12 | organizations, local arts councils, visual arts organizations,
| ||||||
| 13 | and media arts organizations.
On and after the effective date | ||||||
| 14 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
| 15 | an entity otherwise eligible for this exemption shall not
make | ||||||
| 16 | tax-free purchases unless it has an active identification | ||||||
| 17 | number issued by
the Department.
| ||||||
| 18 | (10) Personal property sold by a corporation, society, | ||||||
| 19 | association,
foundation, institution, or organization, other | ||||||
| 20 | than a limited liability
company, that is organized and | ||||||
| 21 | operated as a not-for-profit service enterprise
for the benefit | ||||||
| 22 | of persons 65 years of age or older if the personal property
| ||||||
| 23 | was not purchased by the enterprise for the purpose of resale | ||||||
| 24 | by the
enterprise.
| ||||||
| 25 | (11) Personal property sold to a governmental body, to a | ||||||
| 26 | corporation,
society, association, foundation, or institution | ||||||
| |||||||
| |||||||
| 1 | organized and operated
exclusively for charitable, religious, | ||||||
| 2 | or educational purposes, or to a
not-for-profit corporation, | ||||||
| 3 | society, association, foundation, institution,
or organization | ||||||
| 4 | that has no compensated officers or employees and that is
| ||||||
| 5 | organized and operated primarily for the recreation of persons | ||||||
| 6 | 55 years of
age or older. A limited liability company may | ||||||
| 7 | qualify for the exemption under
this paragraph only if the | ||||||
| 8 | limited liability company is organized and operated
| ||||||
| 9 | exclusively for educational purposes. On and after July 1, | ||||||
| 10 | 1987, however, no
entity otherwise eligible for this exemption | ||||||
| 11 | shall make tax-free purchases
unless it has an active | ||||||
| 12 | identification number issued by the Department.
| ||||||
| 13 | (12) Tangible personal property sold to
interstate | ||||||
| 14 | carriers
for hire for use as
rolling stock moving in interstate | ||||||
| 15 | commerce or to lessors under leases of
one year or longer | ||||||
| 16 | executed or in effect at the time of purchase by
interstate | ||||||
| 17 | carriers for hire for use as rolling stock moving in interstate
| ||||||
| 18 | commerce and equipment operated by a telecommunications | ||||||
| 19 | provider, licensed as a
common carrier by the Federal | ||||||
| 20 | Communications Commission, which is permanently
installed in | ||||||
| 21 | or affixed to aircraft moving in interstate commerce.
| ||||||
| 22 | (12-5) On and after July 1, 2003 and through June 30, 2004, | ||||||
| 23 | motor vehicles of the second division
with a gross vehicle | ||||||
| 24 | weight in excess of 8,000 pounds
that
are
subject to the | ||||||
| 25 | commercial distribution fee imposed under Section 3-815.1 of
| ||||||
| 26 | the Illinois
Vehicle Code. Beginning on July 1, 2004 and | ||||||
| |||||||
| |||||||
| 1 | through June 30, 2005, the use in this State of motor vehicles | ||||||
| 2 | of the second division: (i) with a gross vehicle weight rating | ||||||
| 3 | in excess of 8,000 pounds; (ii) that are subject to the | ||||||
| 4 | commercial distribution fee imposed under Section 3-815.1 of | ||||||
| 5 | the Illinois Vehicle Code; and (iii) that are primarily used | ||||||
| 6 | for commercial purposes. Through June 30, 2005, this
exemption | ||||||
| 7 | applies to repair and replacement parts added
after the
initial | ||||||
| 8 | purchase of such a motor vehicle if that motor vehicle is used | ||||||
| 9 | in a
manner that
would qualify for the rolling stock exemption | ||||||
| 10 | otherwise provided for in this
Act. For purposes of this | ||||||
| 11 | paragraph, "used for commercial purposes" means the | ||||||
| 12 | transportation of persons or property in furtherance of any | ||||||
| 13 | commercial or industrial enterprise whether for-hire or not.
| ||||||
| 14 | (13) Proceeds from sales to owners, lessors, or
shippers of
| ||||||
| 15 | tangible personal property that is utilized by interstate | ||||||
| 16 | carriers for
hire for use as rolling stock moving in interstate | ||||||
| 17 | commerce
and equipment operated by a telecommunications | ||||||
| 18 | provider, licensed as a
common carrier by the Federal | ||||||
| 19 | Communications Commission, which is
permanently installed in | ||||||
| 20 | or affixed to aircraft moving in interstate commerce.
| ||||||
| 21 | (14) Machinery and equipment that will be used by the | ||||||
| 22 | purchaser, or a
lessee of the purchaser, primarily in the | ||||||
| 23 | process of manufacturing or
assembling tangible personal | ||||||
| 24 | property for wholesale or retail sale or
lease, whether the | ||||||
| 25 | sale or lease is made directly by the manufacturer or by
some | ||||||
| 26 | other person, whether the materials used in the process are | ||||||
| |||||||
| |||||||
| 1 | owned by
the manufacturer or some other person, or whether the | ||||||
| 2 | sale or lease is made
apart from or as an incident to the | ||||||
| 3 | seller's engaging in the service
occupation of producing | ||||||
| 4 | machines, tools, dies, jigs, patterns, gauges, or
other similar | ||||||
| 5 | items of no commercial value on special order for a particular
| ||||||
| 6 | purchaser. The exemption provided by this paragraph (14) does | ||||||
| 7 | not include machinery and equipment used in (i) the generation | ||||||
| 8 | of electricity for wholesale or retail sale; (ii) the | ||||||
| 9 | generation or treatment of natural or artificial gas for | ||||||
| 10 | wholesale or retail sale that is delivered to customers through | ||||||
| 11 | pipes, pipelines, or mains; or (iii) the treatment of water for | ||||||
| 12 | wholesale or retail sale that is delivered to customers through | ||||||
| 13 | pipes, pipelines, or mains. The provisions of Public Act 98-583 | ||||||
| 14 | this amendatory Act of the 98th General Assembly are | ||||||
| 15 | declaratory of existing law as to the meaning and scope of this | ||||||
| 16 | exemption.
| ||||||
| 17 | (15) Proceeds of mandatory service charges separately | ||||||
| 18 | stated on
customers' bills for purchase and consumption of food | ||||||
| 19 | and beverages, to the
extent that the proceeds of the service | ||||||
| 20 | charge are in fact turned over as
tips or as a substitute for | ||||||
| 21 | tips to the employees who participate directly
in preparing, | ||||||
| 22 | serving, hosting or cleaning up the food or beverage function
| ||||||
| 23 | with respect to which the service charge is imposed.
| ||||||
| 24 | (16) Petroleum products sold to a purchaser if the seller
| ||||||
| 25 | is prohibited by federal law from charging tax to the | ||||||
| 26 | purchaser.
| ||||||
| |||||||
| |||||||
| 1 | (17) Tangible personal property sold to a common carrier by | ||||||
| 2 | rail or
motor that
receives the physical possession of the | ||||||
| 3 | property in Illinois and that
transports the property, or | ||||||
| 4 | shares with another common carrier in the
transportation of the | ||||||
| 5 | property, out of Illinois on a standard uniform bill
of lading | ||||||
| 6 | showing the seller of the property as the shipper or consignor | ||||||
| 7 | of
the property to a destination outside Illinois, for use | ||||||
| 8 | outside Illinois.
| ||||||
| 9 | (18) Legal tender, currency, medallions, or gold or silver | ||||||
| 10 | coinage
issued by the State of Illinois, the government of the | ||||||
| 11 | United States of
America, or the government of any foreign | ||||||
| 12 | country, and bullion.
| ||||||
| 13 | (19) Until July 1 2003, oil field exploration, drilling, | ||||||
| 14 | and production
equipment, including
(i) rigs and parts of rigs, | ||||||
| 15 | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and | ||||||
| 16 | tubular goods, including casing and
drill strings, (iii) pumps | ||||||
| 17 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
| 18 | individual replacement part for oil field exploration,
| ||||||
| 19 | drilling, and production equipment, and (vi) machinery and | ||||||
| 20 | equipment purchased
for lease; but
excluding motor vehicles | ||||||
| 21 | required to be registered under the Illinois
Vehicle Code.
| ||||||
| 22 | (20) Photoprocessing machinery and equipment, including | ||||||
| 23 | repair and
replacement parts, both new and used, including that | ||||||
| 24 | manufactured on
special order, certified by the purchaser to be | ||||||
| 25 | used primarily for
photoprocessing, and including | ||||||
| 26 | photoprocessing machinery and equipment
purchased for lease.
| ||||||
| |||||||
| |||||||
| 1 | (21) Coal and aggregate exploration, mining, off-highway | ||||||
| 2 | offhighway hauling,
processing,
maintenance, and reclamation | ||||||
| 3 | equipment, including
replacement parts and equipment, and | ||||||
| 4 | including
equipment purchased for lease, but excluding motor | ||||||
| 5 | vehicles required to be
registered under the Illinois Vehicle | ||||||
| 6 | Code. The changes made to this Section by Public Act 97-767 | ||||||
| 7 | apply on and after July 1, 2003, but no claim for credit or | ||||||
| 8 | refund is allowed on or after August 16, 2013 (the effective | ||||||
| 9 | date of Public Act 98-456) this amendatory Act of the 98th | ||||||
| 10 | General Assembly
for such taxes paid during the period | ||||||
| 11 | beginning July 1, 2003 and ending on August 16, 2013 (the | ||||||
| 12 | effective date of Public Act 98-456) this amendatory Act of the | ||||||
| 13 | 98th General Assembly.
| ||||||
| 14 | (22) Until June 30, 2013, fuel and petroleum products sold | ||||||
| 15 | to or used by an air carrier,
certified by the carrier to be | ||||||
| 16 | used for consumption, shipment, or storage
in the conduct of | ||||||
| 17 | its business as an air common carrier, for a flight
destined | ||||||
| 18 | for or returning from a location or locations
outside the | ||||||
| 19 | United States without regard to previous or subsequent domestic
| ||||||
| 20 | stopovers.
| ||||||
| 21 | Beginning July 1, 2013, fuel and petroleum products sold to | ||||||
| 22 | or used by an air carrier, certified by the carrier to be used | ||||||
| 23 | for consumption, shipment, or storage in the conduct of its | ||||||
| 24 | business as an air common carrier, for a flight that (i) is | ||||||
| 25 | engaged in foreign trade or is engaged in trade between the | ||||||
| 26 | United States and any of its possessions and (ii) transports at | ||||||
| |||||||
| |||||||
| 1 | least one individual or package for hire from the city of | ||||||
| 2 | origination to the city of final destination on the same | ||||||
| 3 | aircraft, without regard to a change in the flight number of | ||||||
| 4 | that aircraft. | ||||||
| 5 | (23) A transaction in which the purchase order is received | ||||||
| 6 | by a florist
who is located outside Illinois, but who has a | ||||||
| 7 | florist located in Illinois
deliver the property to the | ||||||
| 8 | purchaser or the purchaser's donee in Illinois.
| ||||||
| 9 | (24) Fuel consumed or used in the operation of ships, | ||||||
| 10 | barges, or vessels
that are used primarily in or for the | ||||||
| 11 | transportation of property or the
conveyance of persons for | ||||||
| 12 | hire on rivers bordering on this State if the
fuel is delivered | ||||||
| 13 | by the seller to the purchaser's barge, ship, or vessel
while | ||||||
| 14 | it is afloat upon that bordering river.
| ||||||
| 15 | (25) Except as provided in item (25-5) of this Section, a
| ||||||
| 16 | motor vehicle sold in this State to a nonresident even though | ||||||
| 17 | the
motor vehicle is delivered to the nonresident in this | ||||||
| 18 | State, if the motor
vehicle is not to be titled in this State, | ||||||
| 19 | and if a drive-away permit
is issued to the motor vehicle as | ||||||
| 20 | provided in Section 3-603 of the Illinois
Vehicle Code or if | ||||||
| 21 | the nonresident purchaser has vehicle registration
plates to | ||||||
| 22 | transfer to the motor vehicle upon returning to his or her home
| ||||||
| 23 | state. The issuance of the drive-away permit or having
the
| ||||||
| 24 | out-of-state registration plates to be transferred is prima | ||||||
| 25 | facie evidence
that the motor vehicle will not be titled in | ||||||
| 26 | this State.
| ||||||
| |||||||
| |||||||
| 1 | (25-5) The exemption under item (25) does not apply if the | ||||||
| 2 | state in which the motor vehicle will be titled does not allow | ||||||
| 3 | a reciprocal exemption for a motor vehicle sold and delivered | ||||||
| 4 | in that state to an Illinois resident but titled in Illinois. | ||||||
| 5 | The tax collected under this Act on the sale of a motor vehicle | ||||||
| 6 | in this State to a resident of another state that does not | ||||||
| 7 | allow a reciprocal exemption shall be imposed at a rate equal | ||||||
| 8 | to the state's rate of tax on taxable property in the state in | ||||||
| 9 | which the purchaser is a resident, except that the tax shall | ||||||
| 10 | not exceed the tax that would otherwise be imposed under this | ||||||
| 11 | Act. At the time of the sale, the purchaser shall execute a | ||||||
| 12 | statement, signed under penalty of perjury, of his or her | ||||||
| 13 | intent to title the vehicle in the state in which the purchaser | ||||||
| 14 | is a resident within 30 days after the sale and of the fact of | ||||||
| 15 | the payment to the State of Illinois of tax in an amount | ||||||
| 16 | equivalent to the state's rate of tax on taxable property in | ||||||
| 17 | his or her state of residence and shall submit the statement to | ||||||
| 18 | the appropriate tax collection agency in his or her state of | ||||||
| 19 | residence. In addition, the retailer must retain a signed copy | ||||||
| 20 | of the statement in his or her records. Nothing in this item | ||||||
| 21 | shall be construed to require the removal of the vehicle from | ||||||
| 22 | this state following the filing of an intent to title the | ||||||
| 23 | vehicle in the purchaser's state of residence if the purchaser | ||||||
| 24 | titles the vehicle in his or her state of residence within 30 | ||||||
| 25 | days after the date of sale. The tax collected under this Act | ||||||
| 26 | in accordance with this item (25-5) shall be proportionately | ||||||
| |||||||
| |||||||
| 1 | distributed as if the tax were collected at the 6.25% general | ||||||
| 2 | rate imposed under this Act.
| ||||||
| 3 | (25-7) Beginning on July 1, 2007, no tax is imposed under | ||||||
| 4 | this Act on the sale of an aircraft, as defined in Section 3 of | ||||||
| 5 | the Illinois Aeronautics Act, if all of the following | ||||||
| 6 | conditions are met: | ||||||
| 7 | (1) the aircraft leaves this State within 15 days after | ||||||
| 8 | the later of either the issuance of the final billing for | ||||||
| 9 | the sale of the aircraft, or the authorized approval for | ||||||
| 10 | return to service, completion of the maintenance record | ||||||
| 11 | entry, and completion of the test flight and ground test | ||||||
| 12 | for inspection, as required by 14 C.F.R. 91.407; | ||||||
| 13 | (2) the aircraft is not based or registered in this | ||||||
| 14 | State after the sale of the aircraft; and | ||||||
| 15 | (3) the seller retains in his or her books and records | ||||||
| 16 | and provides to the Department a signed and dated | ||||||
| 17 | certification from the purchaser, on a form prescribed by | ||||||
| 18 | the Department, certifying that the requirements of this | ||||||
| 19 | item (25-7) are met. The certificate must also include the | ||||||
| 20 | name and address of the purchaser, the address of the | ||||||
| 21 | location where the aircraft is to be titled or registered, | ||||||
| 22 | the address of the primary physical location of the | ||||||
| 23 | aircraft, and other information that the Department may | ||||||
| 24 | reasonably require. | ||||||
| 25 | For purposes of this item (25-7): | ||||||
| 26 | "Based in this State" means hangared, stored, or otherwise | ||||||
| |||||||
| |||||||
| 1 | used, excluding post-sale customizations as defined in this | ||||||
| 2 | Section, for 10 or more days in each 12-month period | ||||||
| 3 | immediately following the date of the sale of the aircraft. | ||||||
| 4 | "Registered in this State" means an aircraft registered | ||||||
| 5 | with the Department of Transportation, Aeronautics Division, | ||||||
| 6 | or titled or registered with the Federal Aviation | ||||||
| 7 | Administration to an address located in this State. | ||||||
| 8 | This paragraph (25-7) is exempt from the provisions
of
| ||||||
| 9 | Section 2-70.
| ||||||
| 10 | (26) Semen used for artificial insemination of livestock | ||||||
| 11 | for direct
agricultural production.
| ||||||
| 12 | (27) Horses, or interests in horses, registered with and | ||||||
| 13 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
| 14 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
| 15 | Horse Association, United States
Trotting Association, or | ||||||
| 16 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
| 17 | racing for prizes. This item (27) is exempt from the provisions | ||||||
| 18 | of Section 2-70, and the exemption provided for under this item | ||||||
| 19 | (27) applies for all periods beginning May 30, 1995, but no | ||||||
| 20 | claim for credit or refund is allowed on or after January 1, | ||||||
| 21 | 2008 (the effective date of Public Act 95-88)
for such taxes | ||||||
| 22 | paid during the period beginning May 30, 2000 and ending on | ||||||
| 23 | January 1, 2008 (the effective date of Public Act 95-88).
| ||||||
| 24 | (28) Computers and communications equipment utilized for | ||||||
| 25 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
| 26 | analysis, or treatment of hospital patients sold to a lessor | ||||||
| |||||||
| |||||||
| 1 | who leases the
equipment, under a lease of one year or longer | ||||||
| 2 | executed or in effect at the
time of the purchase, to a
| ||||||
| 3 | hospital
that has been issued an active tax exemption | ||||||
| 4 | identification number by the
Department under Section 1g of | ||||||
| 5 | this Act.
| ||||||
| 6 | (29) Personal property sold to a lessor who leases the
| ||||||
| 7 | property, under a
lease of one year or longer executed or in | ||||||
| 8 | effect at the time of the purchase,
to a governmental body
that | ||||||
| 9 | has been issued an active tax exemption identification number | ||||||
| 10 | by the
Department under Section 1g of this Act.
| ||||||
| 11 | (30) Beginning with taxable years ending on or after | ||||||
| 12 | December
31, 1995
and
ending with taxable years ending on or | ||||||
| 13 | before December 31, 2004,
personal property that is
donated for | ||||||
| 14 | disaster relief to be used in a State or federally declared
| ||||||
| 15 | disaster area in Illinois or bordering Illinois by a | ||||||
| 16 | manufacturer or retailer
that is registered in this State to a | ||||||
| 17 | corporation, society, association,
foundation, or institution | ||||||
| 18 | that has been issued a sales tax exemption
identification | ||||||
| 19 | number by the Department that assists victims of the disaster
| ||||||
| 20 | who reside within the declared disaster area.
| ||||||
| 21 | (31) Beginning with taxable years ending on or after | ||||||
| 22 | December
31, 1995 and
ending with taxable years ending on or | ||||||
| 23 | before December 31, 2004, personal
property that is used in the | ||||||
| 24 | performance of infrastructure repairs in this
State, including | ||||||
| 25 | but not limited to municipal roads and streets, access roads,
| ||||||
| 26 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
| |||||||
| |||||||
| 1 | line extensions,
water distribution and purification | ||||||
| 2 | facilities, storm water drainage and
retention facilities, and | ||||||
| 3 | sewage treatment facilities, resulting from a State
or | ||||||
| 4 | federally declared disaster in Illinois or bordering Illinois | ||||||
| 5 | when such
repairs are initiated on facilities located in the | ||||||
| 6 | declared disaster area
within 6 months after the disaster.
| ||||||
| 7 | (32) Beginning July 1, 1999, game or game birds sold at a | ||||||
| 8 | "game breeding
and
hunting preserve area" as that term is used
| ||||||
| 9 | in the
Wildlife Code. This paragraph is exempt from the | ||||||
| 10 | provisions
of
Section 2-70.
| ||||||
| 11 | (33) A motor vehicle, as that term is defined in Section | ||||||
| 12 | 1-146
of the
Illinois Vehicle Code, that is donated to a | ||||||
| 13 | corporation, limited liability
company, society, association, | ||||||
| 14 | foundation, or institution that is determined by
the Department | ||||||
| 15 | to be organized and operated exclusively for educational
| ||||||
| 16 | purposes. For purposes of this exemption, "a corporation, | ||||||
| 17 | limited liability
company, society, association, foundation, | ||||||
| 18 | or institution organized and
operated
exclusively for | ||||||
| 19 | educational purposes" means all tax-supported public schools,
| ||||||
| 20 | private schools that offer systematic instruction in useful | ||||||
| 21 | branches of
learning by methods common to public schools and | ||||||
| 22 | that compare favorably in
their scope and intensity with the | ||||||
| 23 | course of study presented in tax-supported
schools, and | ||||||
| 24 | vocational or technical schools or institutes organized and
| ||||||
| 25 | operated exclusively to provide a course of study of not less | ||||||
| 26 | than 6 weeks
duration and designed to prepare individuals to | ||||||
| |||||||
| |||||||
| 1 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
| 2 | industrial, business, or commercial
occupation.
| ||||||
| 3 | (34) 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 2-70.
| ||||||
| 17 | (35) 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 other | ||||||
| 20 | items, and replacement parts for these
machines. Beginning | ||||||
| 21 | January 1, 2002 and through June 30, 2003, machines
and parts | ||||||
| 22 | for machines used in
commercial, coin-operated amusement and | ||||||
| 23 | vending business if a use or occupation
tax is paid on the | ||||||
| 24 | gross receipts derived from the use of the commercial,
| ||||||
| 25 | coin-operated amusement and vending machines. This paragraph | ||||||
| 26 | is exempt from
the provisions of Section 2-70.
| ||||||
| |||||||
| |||||||
| 1 | (35-5) 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, soft | ||||||
| 4 | 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 a licensed facility as defined in | ||||||
| 12 | the ID/DD Community Care Act or the Specialized Mental Health | ||||||
| 13 | Rehabilitation Act of 2013.
| ||||||
| 14 | (36) Beginning August 2, 2001, computers and | ||||||
| 15 | communications equipment
utilized for any hospital purpose and | ||||||
| 16 | equipment used in the diagnosis,
analysis, or treatment of | ||||||
| 17 | hospital patients sold to a lessor who leases the
equipment, | ||||||
| 18 | under a lease of one year or longer executed or in effect at | ||||||
| 19 | the
time of the purchase, to a hospital that has been issued an | ||||||
| 20 | active tax
exemption identification number by the Department | ||||||
| 21 | under Section 1g of this Act.
This paragraph is exempt from the | ||||||
| 22 | provisions of Section 2-70.
| ||||||
| 23 | (37) Beginning August 2, 2001, personal property sold to a | ||||||
| 24 | lessor who
leases the property, under a lease of one year or | ||||||
| 25 | longer executed or in effect
at the time of the purchase, to a | ||||||
| 26 | governmental body that has been issued an
active tax exemption | ||||||
| |||||||
| |||||||
| 1 | identification number by the Department under Section 1g
of | ||||||
| 2 | this Act. This paragraph is exempt from the provisions of | ||||||
| 3 | Section 2-70.
| ||||||
| 4 | (38) Beginning on January 1, 2002 and through June 30, | ||||||
| 5 | 2016, tangible personal property purchased
from an Illinois | ||||||
| 6 | retailer by a taxpayer engaged in centralized purchasing
| ||||||
| 7 | activities in Illinois who will, upon receipt of the property | ||||||
| 8 | in Illinois,
temporarily store the property in Illinois (i) for | ||||||
| 9 | the purpose of subsequently
transporting it outside this State | ||||||
| 10 | for use or consumption thereafter solely
outside this State or | ||||||
| 11 | (ii) for the purpose of being processed, fabricated, or
| ||||||
| 12 | manufactured into, attached to, or incorporated into other | ||||||
| 13 | tangible personal
property to be transported outside this State | ||||||
| 14 | and thereafter used or consumed
solely outside this State. The | ||||||
| 15 | Director of Revenue shall, pursuant to rules
adopted in | ||||||
| 16 | accordance with the Illinois Administrative Procedure Act, | ||||||
| 17 | issue a
permit to any taxpayer in good standing with the | ||||||
| 18 | Department who is eligible for
the exemption under this | ||||||
| 19 | paragraph (38). The permit issued under
this paragraph (38) | ||||||
| 20 | shall authorize the holder, to the extent and
in the manner | ||||||
| 21 | specified in the rules adopted under this Act, to purchase
| ||||||
| 22 | tangible personal property from a retailer exempt from the | ||||||
| 23 | taxes imposed by
this Act. Taxpayers shall maintain all | ||||||
| 24 | necessary books and records to
substantiate the use and | ||||||
| 25 | consumption of all such tangible personal property
outside of | ||||||
| 26 | the State of Illinois.
| ||||||
| |||||||
| |||||||
| 1 | (39) Beginning January 1, 2008, tangible personal property | ||||||
| 2 | used in the construction or maintenance of a community water | ||||||
| 3 | supply, as defined under Section 3.145 of the Environmental | ||||||
| 4 | Protection Act, that is operated by a not-for-profit | ||||||
| 5 | corporation that holds a valid water supply permit issued under | ||||||
| 6 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
| 7 | exempt from the provisions of Section 2-70.
| ||||||
| 8 | (40) Beginning January 1, 2010, materials, parts, | ||||||
| 9 | equipment, components, and furnishings incorporated into or | ||||||
| 10 | upon an aircraft as part of the modification, refurbishment, | ||||||
| 11 | completion, replacement, repair, or maintenance of the | ||||||
| 12 | aircraft. This exemption includes consumable supplies used in | ||||||
| 13 | the modification, refurbishment, completion, replacement, | ||||||
| 14 | repair, and maintenance of aircraft, but excludes any | ||||||
| 15 | materials, parts, equipment, components, and consumable | ||||||
| 16 | supplies used in the modification, replacement, repair, and | ||||||
| 17 | maintenance of aircraft engines or power plants, whether such | ||||||
| 18 | engines or power plants are installed or uninstalled upon any | ||||||
| 19 | such aircraft. "Consumable supplies" include, but are not | ||||||
| 20 | limited to, adhesive, tape, sandpaper, general purpose | ||||||
| 21 | lubricants, cleaning solution, latex gloves, and protective | ||||||
| 22 | films. This exemption applies only to the sale of qualifying | ||||||
| 23 | tangible personal property to persons who modify, refurbish, | ||||||
| 24 | complete, replace, or maintain an aircraft and who (i) hold an | ||||||
| 25 | Air Agency Certificate and are empowered to operate an approved | ||||||
| 26 | repair station by the Federal Aviation Administration, (ii) | ||||||
| |||||||
| |||||||
| 1 | have a Class IV Rating, and (iii) conduct operations in | ||||||
| 2 | accordance with Part 145 of the Federal Aviation Regulations. | ||||||
| 3 | The exemption does not include aircraft operated by a | ||||||
| 4 | commercial air carrier providing scheduled passenger air | ||||||
| 5 | service pursuant to authority issued under Part 121 or Part 129 | ||||||
| 6 | of the Federal Aviation Regulations. The changes made to this | ||||||
| 7 | paragraph (40) by Public Act 98-534 this amendatory Act of the | ||||||
| 8 | 98th General Assembly are declarative of existing law. | ||||||
| 9 | (41) Tangible personal property sold to a | ||||||
| 10 | public-facilities corporation, as described in Section | ||||||
| 11 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| 12 | constructing or furnishing a municipal convention hall, but | ||||||
| 13 | only if the legal title to the municipal convention hall is | ||||||
| 14 | transferred to the municipality without any further | ||||||
| 15 | consideration by or on behalf of the municipality at the time | ||||||
| 16 | of the completion of the municipal convention hall or upon the | ||||||
| 17 | retirement or redemption of any bonds or other debt instruments | ||||||
| 18 | issued by the public-facilities corporation in connection with | ||||||
| 19 | the development of the municipal convention hall. This | ||||||
| 20 | exemption includes existing public-facilities corporations as | ||||||
| 21 | provided in Section 11-65-25 of the Illinois Municipal Code. | ||||||
| 22 | This paragraph is exempt from the provisions of Section 2-70. | ||||||
| 23 | (Source: P.A. 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, | ||||||
| 24 | eff. 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, | ||||||
| 25 | eff. 7-9-12; 98-104, eff. 7-22-13; 98-422, eff. 8-16-13; | ||||||
| 26 | 98-456, eff. 8-16-13; 98-534, eff. 8-23-13; 98-574, eff. | ||||||
| |||||||
| |||||||
| 1 | 1-1-14; 98-583, eff. 1-1-14; revised 9-9-13.)
| ||||||
| 2 | (35 ILCS 120/2a) (from Ch. 120, par. 441a) | ||||||
| 3 | Sec. 2a. It is unlawful for any person to engage in the | ||||||
| 4 | business of
selling tangible personal property at retail in | ||||||
| 5 | this State without a
certificate of registration from the | ||||||
| 6 | Department. Application
for a certificate of registration | ||||||
| 7 | shall be made to the Department upon
forms furnished by it. | ||||||
| 8 | Each such application shall be signed and verified
and shall | ||||||
| 9 | state: (1) the name and social security number of the
| ||||||
| 10 | applicant; (2) the address of his principal place
of business; | ||||||
| 11 | (3) the address of the principal place of business from which
| ||||||
| 12 | he engages in the business of selling tangible personal | ||||||
| 13 | property at retail
in this State and the addresses of all other | ||||||
| 14 | places of business, if any
(enumerating such addresses, if any, | ||||||
| 15 | in a separate list attached to and
made a part of the | ||||||
| 16 | application), from which he engages in the business of
selling | ||||||
| 17 | tangible personal property at retail in this State; (4)
the
| ||||||
| 18 | name and address of the person or persons who will be | ||||||
| 19 | responsible for
filing returns and payment of taxes due under | ||||||
| 20 | this Act; (5) in the case of a publicly traded corporation, the | ||||||
| 21 | name and title of the Chief Financial Officer, Chief Operating | ||||||
| 22 | Officer, and any other officer or employee with responsibility | ||||||
| 23 | for preparing tax returns under this Act, along with the last 4 | ||||||
| 24 | digits of each of their social security numbers, and, in the
| ||||||
| 25 | case of
all other corporations, the name, title, and social | ||||||
| |||||||
| |||||||
| 1 | security number of
each corporate officer; (6) in the case of a | ||||||
| 2 | limited liability
company, the
name, social security number, | ||||||
| 3 | and FEIN number of
each
manager and member; and (7) such other | ||||||
| 4 | information
as the Department may reasonably require. The | ||||||
| 5 | application shall contain
an acceptance of responsibility | ||||||
| 6 | signed by the person or persons who will be
responsible for | ||||||
| 7 | filing returns and payment of the taxes due under this
Act. If | ||||||
| 8 | the applicant will sell tangible personal property at retail
| ||||||
| 9 | through vending machines, his application to register shall | ||||||
| 10 | indicate the
number of vending machines to be so operated. If | ||||||
| 11 | requested by the Department at any time, that person shall | ||||||
| 12 | verify the total number of vending machines he or she uses in | ||||||
| 13 | his or her business of selling tangible personal property at | ||||||
| 14 | retail. | ||||||
| 15 | The Department may deny a certificate of registration to | ||||||
| 16 | any applicant
if a person who is named as the owner, a partner, | ||||||
| 17 | a manager or member of a limited liability
company, or a | ||||||
| 18 | corporate officer of the applicant on the application for the | ||||||
| 19 | certificate of registration, is or
has been named as the owner, | ||||||
| 20 | a partner, a manager or member of a limited
liability company, | ||||||
| 21 | or a corporate officer, on the application for the certificate | ||||||
| 22 | of registration of another retailer
that is in default for | ||||||
| 23 | moneys due under this Act or any other tax or fee Act | ||||||
| 24 | administered by the Department. For purposes of this paragraph | ||||||
| 25 | only, in determining whether a person is in default for moneys | ||||||
| 26 | due, the Department shall include only amounts established as a | ||||||
| |||||||
| |||||||
| 1 | final liability within the 20 years prior to the date of the | ||||||
| 2 | Department's notice of denial of a certificate of registration. | ||||||
| 3 | The Department may require an applicant for a certificate | ||||||
| 4 | of registration hereunder to, at
the time of filing such | ||||||
| 5 | application, furnish a bond from a surety company
authorized to | ||||||
| 6 | do business in the State of Illinois, or an irrevocable
bank | ||||||
| 7 | letter of credit or a bond signed by 2
personal sureties who | ||||||
| 8 | have filed, with the Department, sworn statements
disclosing | ||||||
| 9 | net assets equal to at least 3 times the amount of the bond to
| ||||||
| 10 | be required of such applicant, or a bond secured by an | ||||||
| 11 | assignment of a bank
account or certificate of deposit, stocks | ||||||
| 12 | or bonds, conditioned upon the
applicant paying to the State of | ||||||
| 13 | Illinois all moneys becoming due under
this Act and under any | ||||||
| 14 | other State tax law or municipal or county tax
ordinance or | ||||||
| 15 | resolution under which the certificate of registration that is
| ||||||
| 16 | issued to the applicant under this Act will permit the | ||||||
| 17 | applicant to engage
in business without registering separately | ||||||
| 18 | under such other law, ordinance
or resolution. In making a | ||||||
| 19 | determination as to whether to require a bond or other | ||||||
| 20 | security, the Department shall take into consideration whether | ||||||
| 21 | the owner, any partner, any manager or member of a limited | ||||||
| 22 | liability company, or a corporate officer of the applicant is | ||||||
| 23 | or has been the owner, a partner, a manager or member of a | ||||||
| 24 | limited liability company, or a corporate officer of another | ||||||
| 25 | retailer that is in default for moneys due under this Act or | ||||||
| 26 | any other tax or fee Act administered by the Department; and | ||||||
| |||||||
| |||||||
| 1 | whether the owner, any partner, any manager or member of a | ||||||
| 2 | limited liability company, or a corporate officer of the | ||||||
| 3 | applicant is or has been the owner, a partner, a manager or | ||||||
| 4 | member of a limited liability company, or a corporate officer | ||||||
| 5 | of another retailer whose certificate of registration has been | ||||||
| 6 | revoked within the previous 5 years under this Act or any other | ||||||
| 7 | tax or fee Act administered by the Department. If a bond or | ||||||
| 8 | other security is required, the Department shall fix the amount | ||||||
| 9 | of the bond or other security, taking into consideration the | ||||||
| 10 | amount of money expected to become due from the applicant under | ||||||
| 11 | this Act and under any other State tax law or municipal or | ||||||
| 12 | county tax ordinance or resolution under which the certificate | ||||||
| 13 | of registration that is issued to the applicant under this Act | ||||||
| 14 | will permit the applicant to engage in business without | ||||||
| 15 | registering separately under such other law, ordinance, or | ||||||
| 16 | resolution. The amount of security required by
the Department | ||||||
| 17 | shall be such as, in its opinion, will protect the State of
| ||||||
| 18 | Illinois against failure to pay the amount which may become due | ||||||
| 19 | from the
applicant under this Act and under any other State tax | ||||||
| 20 | law or municipal or
county tax ordinance or resolution under | ||||||
| 21 | which the certificate of
registration that is issued to the | ||||||
| 22 | applicant under this Act will permit the
applicant to engage in | ||||||
| 23 | business without registering separately under such
other law, | ||||||
| 24 | ordinance or resolution, but the amount of the security | ||||||
| 25 | required
by the Department shall not exceed three times the | ||||||
| 26 | amount of the
applicant's average monthly tax liability, or | ||||||
| |||||||
| |||||||
| 1 | $50,000.00, whichever amount
is lower. | ||||||
| 2 | No certificate of registration under this Act shall be | ||||||
| 3 | issued by the
Department until the applicant provides the | ||||||
| 4 | Department with satisfactory
security, if required, as herein | ||||||
| 5 | provided for. | ||||||
| 6 | Upon receipt of the application for certificate of | ||||||
| 7 | registration in
proper form, and upon approval by the | ||||||
| 8 | Department of the security furnished
by the applicant, if | ||||||
| 9 | required, the Department shall issue to such applicant a
| ||||||
| 10 | certificate of registration which shall permit the person to | ||||||
| 11 | whom it is
issued to engage in the business of selling tangible | ||||||
| 12 | personal property at
retail in this State. The certificate of | ||||||
| 13 | registration shall be
conspicuously displayed at the place of | ||||||
| 14 | business which the person so
registered states in his | ||||||
| 15 | application to be the principal place of business
from which he | ||||||
| 16 | engages in the business of selling tangible personal property
| ||||||
| 17 | at retail in this State. | ||||||
| 18 | No certificate of registration issued to a taxpayer who | ||||||
| 19 | files returns
required by this Act on a monthly basis shall be | ||||||
| 20 | valid after the expiration
of 5 years from the date of its | ||||||
| 21 | issuance or last renewal. The expiration
date of a | ||||||
| 22 | sub-certificate of registration shall be that of the | ||||||
| 23 | certificate
of registration to which the sub-certificate | ||||||
| 24 | relates. A certificate of
registration shall automatically be | ||||||
| 25 | renewed, subject to revocation as
provided by this Act, for an | ||||||
| 26 | additional 5 years from the date of its
expiration unless | ||||||
| |||||||
| |||||||
| 1 | otherwise notified by the Department as provided by this
| ||||||
| 2 | paragraph. Where a taxpayer to whom a certificate of | ||||||
| 3 | registration is
issued under this Act is in default to the | ||||||
| 4 | State of Illinois for delinquent
returns or for moneys due
| ||||||
| 5 | under this Act or any other State tax law or municipal or | ||||||
| 6 | county ordinance
administered or enforced by the Department, | ||||||
| 7 | the Department shall, not less
than 120 days before the | ||||||
| 8 | expiration date of such certificate of
registration, give | ||||||
| 9 | notice to the taxpayer to whom the certificate was
issued of | ||||||
| 10 | the account period of the delinquent returns, the amount of
| ||||||
| 11 | tax,
penalty and interest due and owing from the
taxpayer, and | ||||||
| 12 | that the certificate of registration shall not be
automatically | ||||||
| 13 | renewed upon its expiration date unless the taxpayer, on or
| ||||||
| 14 | before the date of expiration, has filed and paid the | ||||||
| 15 | delinquent returns or
paid the defaulted amount in full. A
| ||||||
| 16 | taxpayer to whom such a notice is issued shall be deemed an | ||||||
| 17 | applicant for
renewal. The Department shall promulgate | ||||||
| 18 | regulations establishing
procedures for taxpayers who file | ||||||
| 19 | returns on a monthly basis but desire and
qualify to change to | ||||||
| 20 | a quarterly or yearly filing basis and will no longer
be | ||||||
| 21 | subject to renewal under this Section, and for taxpayers who | ||||||
| 22 | file
returns on a yearly or quarterly basis but who desire or | ||||||
| 23 | are required to
change to a monthly filing basis and will be | ||||||
| 24 | subject to renewal under
this Section. | ||||||
| 25 | The Department may in its discretion approve renewal by an | ||||||
| 26 | applicant
who is in default if, at the time of application for | ||||||
| |||||||
| |||||||
| 1 | renewal, the applicant
files all of the delinquent returns or | ||||||
| 2 | pays to the Department such
percentage of the defaulted amount | ||||||
| 3 | as may be
determined by the Department and agrees in writing to | ||||||
| 4 | waive all limitations
upon the Department for collection of the | ||||||
| 5 | remaining defaulted amount to the
Department over a period not | ||||||
| 6 | to exceed 5 years from the date of renewal of
the certificate; | ||||||
| 7 | however, no renewal application submitted by an applicant
who | ||||||
| 8 | is in default shall be approved if the immediately preceding | ||||||
| 9 | renewal by
the applicant was conditioned upon the installment | ||||||
| 10 | payment
agreement described in this Section. The payment | ||||||
| 11 | agreement herein provided
for shall be in addition to and not | ||||||
| 12 | in lieu of the security that may be required by
this Section of | ||||||
| 13 | a taxpayer who is no longer considered a prior continuous
| ||||||
| 14 | compliance taxpayer. The execution of the payment agreement as | ||||||
| 15 | provided in
this Act shall not toll the accrual of interest at | ||||||
| 16 | the statutory rate. | ||||||
| 17 | The Department may suspend a certificate of registration if | ||||||
| 18 | the Department finds that the person to whom the certificate of | ||||||
| 19 | registration has been issued knowingly sold contraband | ||||||
| 20 | cigarettes. | ||||||
| 21 | A certificate of registration issued under this Act more | ||||||
| 22 | than 5 years
before the effective date of this amendatory Act | ||||||
| 23 | of 1989 shall expire and
be subject to the renewal provisions | ||||||
| 24 | of this Section on the next
anniversary of the date of issuance | ||||||
| 25 | of such certificate which occurs more
than 6 months after the | ||||||
| 26 | effective date of this amendatory Act of 1989. A
certificate of | ||||||
| |||||||
| |||||||
| 1 | registration issued less than 5 years before the effective
date | ||||||
| 2 | of this amendatory Act of 1989 shall expire and be subject to | ||||||
| 3 | the
renewal provisions of this Section on the 5th anniversary | ||||||
| 4 | of the issuance
of the certificate. | ||||||
| 5 | If the person so registered states that he operates other | ||||||
| 6 | places of
business from which he engages in the business of | ||||||
| 7 | selling tangible personal
property at retail in this State, the | ||||||
| 8 | Department shall furnish him with a
sub-certificate of | ||||||
| 9 | registration for each such place of business, and the
applicant | ||||||
| 10 | shall display the appropriate sub-certificate of registration | ||||||
| 11 | at
each such place of business. All sub-certificates of | ||||||
| 12 | registration shall
bear the same registration number as that | ||||||
| 13 | appearing upon the certificate of
registration to which such | ||||||
| 14 | sub-certificates relate. | ||||||
| 15 | If the applicant will sell tangible personal property at | ||||||
| 16 | retail through
vending machines, the Department shall furnish | ||||||
| 17 | him with a sub-certificate
of registration for each such | ||||||
| 18 | vending machine, and the applicant shall
display the | ||||||
| 19 | appropriate sub-certificate of registration on each such
| ||||||
| 20 | vending machine by attaching the sub-certificate of | ||||||
| 21 | registration to a
conspicuous part of such vending machine. If | ||||||
| 22 | a person who is registered to sell tangible personal property | ||||||
| 23 | at retail through vending machines adds an additional vending | ||||||
| 24 | machine or additional vending machines to the number of vending | ||||||
| 25 | machines he or she uses in his or her business of selling | ||||||
| 26 | tangible personal property at retail, he or she shall notify | ||||||
| |||||||
| |||||||
| 1 | the Department, on a form prescribed by the Department, to | ||||||
| 2 | request an additional sub-certificate or additional | ||||||
| 3 | sub-certificates of registration, as applicable. With each | ||||||
| 4 | such request, the applicant shall report the number of | ||||||
| 5 | sub-certificates of registration he or she is requesting as | ||||||
| 6 | well as the total number of vending machines from which he or | ||||||
| 7 | she makes retail sales. | ||||||
| 8 | Where the same person engages in 2 or more businesses of | ||||||
| 9 | selling
tangible personal property at retail in this State, | ||||||
| 10 | which businesses are
substantially different in character or | ||||||
| 11 | engaged in under different trade
names or engaged in under | ||||||
| 12 | other substantially dissimilar circumstances (so
that it is | ||||||
| 13 | more practicable, from an accounting, auditing or bookkeeping
| ||||||
| 14 | standpoint, for such businesses to be separately registered), | ||||||
| 15 | the
Department may require or permit such person (subject to | ||||||
| 16 | the same
requirements concerning the furnishing of security as | ||||||
| 17 | those that are
provided for hereinbefore in this Section as to | ||||||
| 18 | each application for a
certificate of registration) to apply | ||||||
| 19 | for and obtain a separate certificate
of registration for each | ||||||
| 20 | such business or for any of such businesses, under
a single | ||||||
| 21 | certificate of registration supplemented by related
| ||||||
| 22 | sub-certificates of registration. | ||||||
| 23 | Any person who is registered under the "Retailers' | ||||||
| 24 | Occupation Tax Act"
as of March 8, 1963, and who, during the | ||||||
| 25 | 3-year period immediately prior to
March 8, 1963, or during a | ||||||
| 26 | continuous 3-year period part of which passed
immediately | ||||||
| |||||||
| |||||||
| 1 | before and the remainder of which passes immediately after
| ||||||
| 2 | March 8, 1963, has been so registered continuously and who is | ||||||
| 3 | determined by
the Department not to have been either delinquent | ||||||
| 4 | or deficient in the
payment of tax liability during that period | ||||||
| 5 | under this Act or under any
other State tax law or municipal or | ||||||
| 6 | county tax ordinance or resolution
under which the certificate | ||||||
| 7 | of registration that is issued to the
registrant under this Act | ||||||
| 8 | will permit the registrant to engage in business
without | ||||||
| 9 | registering separately under such other law, ordinance or
| ||||||
| 10 | resolution, shall be considered to be a Prior Continuous | ||||||
| 11 | Compliance
taxpayer. Also any taxpayer who has, as verified by | ||||||
| 12 | the Department,
faithfully and continuously complied with the | ||||||
| 13 | condition of his bond or
other security under the provisions of | ||||||
| 14 | this Act for a period of 3
consecutive years shall be | ||||||
| 15 | considered to be a Prior Continuous Compliance
taxpayer. | ||||||
| 16 | Every Prior Continuous Compliance taxpayer shall be exempt | ||||||
| 17 | from all
requirements under this Act concerning the furnishing | ||||||
| 18 | of a bond or other security as a
condition precedent to his | ||||||
| 19 | being authorized to engage in the business of
selling tangible | ||||||
| 20 | personal property at retail in this State. This exemption
shall | ||||||
| 21 | continue for each such taxpayer until such time as he may be
| ||||||
| 22 | determined by the Department to be delinquent in the filing of | ||||||
| 23 | any returns,
or is determined by the Department (either through | ||||||
| 24 | the Department's
issuance of a final assessment which has | ||||||
| 25 | become final under the Act, or by
the taxpayer's filing of a | ||||||
| 26 | return which admits tax that is not paid to be
due) to be | ||||||
| |||||||
| |||||||
| 1 | delinquent or deficient in the paying of any tax under this Act
| ||||||
| 2 | or under any other State tax law or municipal or county tax | ||||||
| 3 | ordinance or
resolution under which the certificate of | ||||||
| 4 | registration that is issued to
the registrant under this Act | ||||||
| 5 | will permit the registrant to engage in
business without | ||||||
| 6 | registering separately under such other law, ordinance or
| ||||||
| 7 | resolution, at which time that taxpayer shall become subject to | ||||||
| 8 | all the
financial responsibility requirements of this Act and, | ||||||
| 9 | as a condition of
being allowed to continue to engage in the | ||||||
| 10 | business of selling tangible
personal property at retail, may | ||||||
| 11 | be required to post bond or other
acceptable security with the | ||||||
| 12 | Department covering liability which such
taxpayer may | ||||||
| 13 | thereafter incur. Any taxpayer who fails to pay an admitted or
| ||||||
| 14 | established liability under this Act may also be required to | ||||||
| 15 | post bond or
other acceptable security with this Department | ||||||
| 16 | guaranteeing the payment of
such admitted or established | ||||||
| 17 | liability. | ||||||
| 18 | No certificate of registration shall be issued to any | ||||||
| 19 | person who is in
default to the State of Illinois for moneys | ||||||
| 20 | due under this Act or under any
other State tax law or | ||||||
| 21 | municipal or county tax ordinance or resolution
under which the | ||||||
| 22 | certificate of registration that is issued to the applicant
| ||||||
| 23 | under this Act will permit the applicant to engage in business | ||||||
| 24 | without
registering separately under such other law, ordinance | ||||||
| 25 | or resolution. | ||||||
| 26 | Any person aggrieved by any decision of the Department | ||||||
| |||||||
| |||||||
| 1 | under this
Section may, within 20 days after notice of such | ||||||
| 2 | decision, protest and
request a hearing, whereupon the | ||||||
| 3 | Department shall give notice to such
person of the time and | ||||||
| 4 | place fixed for such hearing and shall hold a
hearing in | ||||||
| 5 | conformity with the provisions of this Act and then issue its
| ||||||
| 6 | final administrative decision in the matter to such person. In | ||||||
| 7 | the absence
of such a protest within 20 days, the Department's | ||||||
| 8 | decision shall become
final without any further determination | ||||||
| 9 | being made or notice given. | ||||||
| 10 | With respect to security other than bonds (upon which the | ||||||
| 11 | Department may
sue in the event of a forfeiture), if the | ||||||
| 12 | taxpayer fails to pay, when due,
any amount whose payment such | ||||||
| 13 | security guarantees, the Department shall,
after such | ||||||
| 14 | liability is admitted by the taxpayer or established by the
| ||||||
| 15 | Department through the issuance of a final assessment that has | ||||||
| 16 | become final
under the law, convert the security which that | ||||||
| 17 | taxpayer has furnished into
money for the State, after first | ||||||
| 18 | giving the taxpayer at least 10 days'
written notice, by | ||||||
| 19 | registered or certified mail, to pay the liability or
forfeit | ||||||
| 20 | such security to the Department. If the security consists of | ||||||
| 21 | stocks
or bonds or other securities which are listed on a | ||||||
| 22 | public exchange, the
Department shall sell such securities | ||||||
| 23 | through such public exchange. If
the security consists of an | ||||||
| 24 | irrevocable bank letter of credit, the
Department shall convert | ||||||
| 25 | the security in the manner provided for in the
Uniform | ||||||
| 26 | Commercial Code. If the security consists of a bank certificate | ||||||
| |||||||
| |||||||
| 1 | of
deposit, the Department shall convert the security into | ||||||
| 2 | money by demanding
and collecting the amount of such bank | ||||||
| 3 | certificate of deposit from the bank
which issued such | ||||||
| 4 | certificate. If the security consists of a type of stocks
or | ||||||
| 5 | other securities which are not listed on a public exchange, the
| ||||||
| 6 | Department shall sell such security to the highest and best | ||||||
| 7 | bidder after
giving at least 10 days' notice of the date, time | ||||||
| 8 | and place of the intended
sale by publication in the "State | ||||||
| 9 | Official Newspaper". If the Department
realizes more than the | ||||||
| 10 | amount of such liability from the security, plus the
expenses | ||||||
| 11 | incurred by the Department in converting the security into | ||||||
| 12 | money,
the Department shall pay such excess to the taxpayer who | ||||||
| 13 | furnished such
security, and the balance shall be paid into the | ||||||
| 14 | State Treasury. | ||||||
| 15 | The Department shall discharge any surety and shall release | ||||||
| 16 | and return
any security deposited, assigned, pledged or | ||||||
| 17 | otherwise provided to it by
a taxpayer under this Section | ||||||
| 18 | within 30 days after: | ||||||
| 19 | (1) such taxpayer becomes a Prior Continuous | ||||||
| 20 | Compliance taxpayer; or | ||||||
| 21 | (2) such taxpayer has ceased to collect receipts on | ||||||
| 22 | which he is required
to remit tax to the Department, has | ||||||
| 23 | filed a final tax return, and has paid
to the Department an | ||||||
| 24 | amount sufficient to discharge his remaining tax
| ||||||
| 25 | liability, as determined by the Department, under this Act | ||||||
| 26 | and under every
other State tax law or municipal or county | ||||||
| |||||||
| |||||||
| 1 | tax ordinance or resolution
under which the certificate of | ||||||
| 2 | registration issued under this Act permits
the registrant | ||||||
| 3 | to engage in business without registering separately under
| ||||||
| 4 | such other law, ordinance or resolution. The Department | ||||||
| 5 | shall make a final
determination of the taxpayer's | ||||||
| 6 | outstanding tax liability as expeditiously
as possible | ||||||
| 7 | after his final tax return has been filed; if the | ||||||
| 8 | Department
cannot make such final determination within 45 | ||||||
| 9 | days after receiving the
final tax return, within such | ||||||
| 10 | period it shall so notify the taxpayer,
stating its reasons | ||||||
| 11 | therefor. | ||||||
| 12 | (Source: P.A. 97-335, eff. 1-1-12; 98-496, eff. 1-1-14; 98-583, | ||||||
| 13 | eff. 1-1-14; revised 9-9-13.)
| ||||||
| 14 | (35 ILCS 120/3) (from Ch. 120, par. 442)
| ||||||
| 15 | Sec. 3. Except as provided in this Section, on or before | ||||||
| 16 | the twentieth
day of each calendar month, every person engaged | ||||||
| 17 | in the business of
selling tangible personal property at retail | ||||||
| 18 | in this State during the
preceding calendar month shall file a | ||||||
| 19 | return with the Department, stating: | ||||||
| 20 | 1. The name of the seller; | ||||||
| 21 | 2. His residence address and the address of his | ||||||
| 22 | principal place of
business and the address of the | ||||||
| 23 | principal place of business (if that is
a different | ||||||
| 24 | address) from which he engages in the business of selling
| ||||||
| 25 | tangible personal property at retail in this State; | ||||||
| |||||||
| |||||||
| 1 | 3. Total amount of receipts received by him during the | ||||||
| 2 | preceding
calendar month or quarter, as the case may be, | ||||||
| 3 | from sales of tangible
personal property, and from services | ||||||
| 4 | furnished, by him during such
preceding calendar month or | ||||||
| 5 | quarter; | ||||||
| 6 | 4. Total amount received by him during the preceding | ||||||
| 7 | calendar month or
quarter on charge and time sales of | ||||||
| 8 | tangible personal property, and from
services furnished, | ||||||
| 9 | by him prior to the month or quarter for which the return
| ||||||
| 10 | is filed; | ||||||
| 11 | 5. Deductions allowed by law; | ||||||
| 12 | 6. Gross receipts which were received by him during the | ||||||
| 13 | preceding
calendar month or quarter and upon the basis of | ||||||
| 14 | which the tax is imposed; | ||||||
| 15 | 7. The amount of credit provided in Section 2d of this | ||||||
| 16 | Act; | ||||||
| 17 | 8. The amount of tax due; | ||||||
| 18 | 9. The signature of the taxpayer; and | ||||||
| 19 | 10. Such other reasonable information as the | ||||||
| 20 | Department may require. | ||||||
| 21 | If a taxpayer fails to sign a return within 30 days after | ||||||
| 22 | the proper notice
and demand for signature by the Department, | ||||||
| 23 | the return shall be considered
valid and any amount shown to be | ||||||
| 24 | due on the return shall be deemed assessed. | ||||||
| 25 | Each return shall be accompanied by the statement of | ||||||
| 26 | prepaid tax issued
pursuant to Section 2e for which credit is | ||||||
| |||||||
| |||||||
| 1 | claimed. | ||||||
| 2 | Prior to October 1, 2003, and on and after September 1, | ||||||
| 3 | 2004 a retailer may accept a Manufacturer's Purchase
Credit
| ||||||
| 4 | certification from a purchaser in satisfaction of Use Tax
as | ||||||
| 5 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
| 6 | provides the
appropriate documentation as required by Section | ||||||
| 7 | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||||||
| 8 | certification, accepted by a retailer prior to October 1, 2003 | ||||||
| 9 | and on and after September 1, 2004 as provided
in
Section 3-85 | ||||||
| 10 | of the Use Tax Act, may be used by that retailer to
satisfy | ||||||
| 11 | Retailers' Occupation Tax liability in the amount claimed in
| ||||||
| 12 | the certification, not to exceed 6.25% of the receipts
subject | ||||||
| 13 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
| 14 | Credit
reported on any original or amended return
filed under
| ||||||
| 15 | this Act after October 20, 2003 for reporting periods prior to | ||||||
| 16 | September 1, 2004 shall be disallowed. Manufacturer's | ||||||
| 17 | Purchaser Credit reported on annual returns due on or after | ||||||
| 18 | January 1, 2005 will be disallowed for periods prior to | ||||||
| 19 | September 1, 2004. No Manufacturer's
Purchase Credit may be | ||||||
| 20 | used after September 30, 2003 through August 31, 2004 to
| ||||||
| 21 | satisfy any
tax liability imposed under this Act, including any | ||||||
| 22 | audit liability. | ||||||
| 23 | The Department may require returns to be filed on a | ||||||
| 24 | quarterly basis.
If so required, a return for each calendar | ||||||
| 25 | quarter shall be filed on or
before the twentieth day of the | ||||||
| 26 | calendar month following the end of such
calendar quarter. The | ||||||
| |||||||
| |||||||
| 1 | taxpayer shall also file a return with the
Department for each | ||||||
| 2 | of the first two months of each calendar quarter, on or
before | ||||||
| 3 | the twentieth day of the following calendar month, stating: | ||||||
| 4 | 1. The name of the seller; | ||||||
| 5 | 2. The address of the principal place of business from | ||||||
| 6 | which he engages
in the business of selling tangible | ||||||
| 7 | personal property at retail in this State; | ||||||
| 8 | 3. The total amount of taxable receipts received by him | ||||||
| 9 | during the
preceding calendar month from sales of tangible | ||||||
| 10 | personal property by him
during such preceding calendar | ||||||
| 11 | month, including receipts from charge and
time sales, but | ||||||
| 12 | less all deductions allowed by law; | ||||||
| 13 | 4. The amount of credit provided in Section 2d of this | ||||||
| 14 | Act; | ||||||
| 15 | 5. The amount of tax due; and | ||||||
| 16 | 6. Such other reasonable information as the Department | ||||||
| 17 | may
require. | ||||||
| 18 | Beginning on October 1, 2003, any person who is not a | ||||||
| 19 | licensed
distributor, importing distributor, or manufacturer, | ||||||
| 20 | as defined in the Liquor
Control Act of 1934, but is engaged in | ||||||
| 21 | the business of
selling, at retail, alcoholic liquor
shall file | ||||||
| 22 | a statement with the Department of Revenue, in a format
and at | ||||||
| 23 | a time prescribed by the Department, showing the total amount | ||||||
| 24 | paid for
alcoholic liquor purchased during the preceding month | ||||||
| 25 | and such other
information as is reasonably required by the | ||||||
| 26 | Department.
The Department may adopt rules to require
that this | ||||||
| |||||||
| |||||||
| 1 | statement be filed in an electronic or telephonic format. Such | ||||||
| 2 | rules
may provide for exceptions from the filing requirements | ||||||
| 3 | of this paragraph. For
the
purposes of this
paragraph, the term | ||||||
| 4 | "alcoholic liquor" shall have the meaning prescribed in the
| ||||||
| 5 | Liquor Control Act of 1934. | ||||||
| 6 | Beginning on October 1, 2003, every distributor, importing | ||||||
| 7 | distributor, and
manufacturer of alcoholic liquor as defined in | ||||||
| 8 | the Liquor Control Act of 1934,
shall file a
statement with the | ||||||
| 9 | Department of Revenue, no later than the 10th day of the
month | ||||||
| 10 | for the
preceding month during which transactions occurred, by | ||||||
| 11 | electronic means,
showing the
total amount of gross receipts | ||||||
| 12 | from the sale of alcoholic liquor sold or
distributed during
| ||||||
| 13 | the preceding month to purchasers; identifying the purchaser to | ||||||
| 14 | whom it was
sold or
distributed; the purchaser's tax | ||||||
| 15 | registration number; and such other
information
reasonably | ||||||
| 16 | required by the Department. A distributor, importing | ||||||
| 17 | distributor, or manufacturer of alcoholic liquor must | ||||||
| 18 | personally deliver, mail, or provide by electronic means to | ||||||
| 19 | each retailer listed on the monthly statement a report | ||||||
| 20 | containing a cumulative total of that distributor's, importing | ||||||
| 21 | distributor's, or manufacturer's total sales of alcoholic | ||||||
| 22 | liquor to that retailer no later than the 10th day of the month | ||||||
| 23 | for the preceding month during which the transaction occurred. | ||||||
| 24 | The distributor, importing distributor, or manufacturer shall | ||||||
| 25 | notify the retailer as to the method by which the distributor, | ||||||
| 26 | importing distributor, or manufacturer will provide the sales | ||||||
| |||||||
| |||||||
| 1 | information. If the retailer is unable to receive the sales | ||||||
| 2 | information by electronic means, the distributor, importing | ||||||
| 3 | distributor, or manufacturer shall furnish the sales | ||||||
| 4 | information by personal delivery or by mail. For purposes of | ||||||
| 5 | this paragraph, the term "electronic means" includes, but is | ||||||
| 6 | not limited to, the use of a secure Internet website, e-mail, | ||||||
| 7 | or facsimile. | ||||||
| 8 | If a total amount of less than $1 is payable, refundable or | ||||||
| 9 | creditable,
such amount shall be disregarded if it is less than | ||||||
| 10 | 50 cents and shall be
increased to $1 if it is 50 cents or more. | ||||||
| 11 | Beginning October 1, 1993,
a taxpayer who has an average | ||||||
| 12 | monthly tax liability of $150,000 or more shall
make all | ||||||
| 13 | payments required by rules of the
Department by electronic | ||||||
| 14 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
| 15 | an average monthly tax liability of $100,000 or more shall make | ||||||
| 16 | all
payments required by rules of the Department by electronic | ||||||
| 17 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
| 18 | an average monthly tax liability
of $50,000 or more shall make | ||||||
| 19 | all
payments required by rules of the Department by electronic | ||||||
| 20 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
| 21 | an annual tax liability of
$200,000 or more shall make all | ||||||
| 22 | payments required by rules of the Department by
electronic | ||||||
| 23 | funds transfer. The term "annual tax liability" shall be the | ||||||
| 24 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
| 25 | other State and local
occupation and use tax laws administered | ||||||
| 26 | by the Department, for the immediately
preceding calendar year.
| ||||||
| |||||||
| |||||||
| 1 | The term "average monthly tax liability" shall be the sum of | ||||||
| 2 | the
taxpayer's liabilities under this
Act, and under all other | ||||||
| 3 | State and local occupation and use tax
laws administered by the | ||||||
| 4 | Department, for the immediately preceding calendar
year | ||||||
| 5 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
| 6 | a tax liability in the
amount set forth in subsection (b) of | ||||||
| 7 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
| 8 | all payments required by rules of the Department by
electronic | ||||||
| 9 | funds transfer. | ||||||
| 10 | Before August 1 of each year beginning in 1993, the | ||||||
| 11 | Department shall
notify all taxpayers required to make payments | ||||||
| 12 | by electronic funds
transfer. All taxpayers
required to make | ||||||
| 13 | payments by electronic funds transfer shall make those
payments | ||||||
| 14 | for
a minimum of one year beginning on October 1. | ||||||
| 15 | Any taxpayer not required to make payments by electronic | ||||||
| 16 | funds transfer may
make payments by electronic funds transfer | ||||||
| 17 | with
the permission of the Department. | ||||||
| 18 | All taxpayers required to make payment by electronic funds | ||||||
| 19 | transfer and
any taxpayers authorized to voluntarily make | ||||||
| 20 | payments by electronic funds
transfer shall make those payments | ||||||
| 21 | in the manner authorized by the Department. | ||||||
| 22 | The Department shall adopt such rules as are necessary to | ||||||
| 23 | effectuate a
program of electronic funds transfer and the | ||||||
| 24 | requirements of this Section. | ||||||
| 25 | Any amount which is required to be shown or reported on any | ||||||
| 26 | return or
other document under this Act shall, if such amount | ||||||
| |||||||
| |||||||
| 1 | is not a whole-dollar
amount, be increased to the nearest | ||||||
| 2 | whole-dollar amount in any case where
the fractional part of a | ||||||
| 3 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
| 4 | whole-dollar amount where the fractional part of a dollar is | ||||||
| 5 | less
than 50 cents. | ||||||
| 6 | If the retailer is otherwise required to file a monthly | ||||||
| 7 | return and if the
retailer's average monthly tax liability to | ||||||
| 8 | the Department does not exceed
$200, the Department may | ||||||
| 9 | authorize his returns to be filed on a quarter
annual basis, | ||||||
| 10 | with the return for January, February and March of a given
year | ||||||
| 11 | being due by April 20 of such year; with the return for April, | ||||||
| 12 | May and
June of a given year being due by July 20 of such year; | ||||||
| 13 | with the return for
July, August and September of a given year | ||||||
| 14 | being due by October 20 of such
year, and with the return for | ||||||
| 15 | October, November and December of a given
year being due by | ||||||
| 16 | January 20 of the following year. | ||||||
| 17 | If the retailer is otherwise required to file a monthly or | ||||||
| 18 | quarterly
return and if the retailer's average monthly tax | ||||||
| 19 | liability with the
Department does not exceed $50, the | ||||||
| 20 | Department may authorize his returns to
be filed on an annual | ||||||
| 21 | basis, with the return for a given year being due by
January 20 | ||||||
| 22 | of the following year. | ||||||
| 23 | Such quarter annual and annual returns, as to form and | ||||||
| 24 | substance,
shall be subject to the same requirements as monthly | ||||||
| 25 | returns. | ||||||
| 26 | Notwithstanding any other provision in this Act concerning | ||||||
| |||||||
| |||||||
| 1 | the time
within which a retailer may file his return, in the | ||||||
| 2 | case of any retailer
who ceases to engage in a kind of business | ||||||
| 3 | which makes him responsible
for filing returns under this Act, | ||||||
| 4 | such retailer shall file a final
return under this Act with the | ||||||
| 5 | Department not more than one month after
discontinuing such | ||||||
| 6 | business. | ||||||
| 7 | Where the same person has more than one business registered | ||||||
| 8 | with the
Department under separate registrations under this | ||||||
| 9 | Act, such person may
not file each return that is due as a | ||||||
| 10 | single return covering all such
registered businesses, but | ||||||
| 11 | shall file separate returns for each such
registered business. | ||||||
| 12 | In addition, with respect to motor vehicles, watercraft,
| ||||||
| 13 | aircraft, and trailers that are required to be registered with | ||||||
| 14 | an agency of
this State, every
retailer selling this kind of | ||||||
| 15 | tangible personal property shall file,
with the Department, | ||||||
| 16 | upon a form to be prescribed and supplied by the
Department, a | ||||||
| 17 | separate return for each such item of tangible personal
| ||||||
| 18 | property which the retailer sells, except that if, in the same
| ||||||
| 19 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
| 20 | vehicles or
trailers transfers more than one aircraft, | ||||||
| 21 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
| 22 | watercraft, motor vehicle
retailer or trailer retailer for the | ||||||
| 23 | purpose of resale
or (ii) a retailer of aircraft, watercraft, | ||||||
| 24 | motor vehicles, or trailers
transfers more than one aircraft, | ||||||
| 25 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
| 26 | a qualifying rolling stock as provided in Section 2-5 of
this | ||||||
| |||||||
| |||||||
| 1 | Act, then
that seller may report the transfer of all aircraft,
| ||||||
| 2 | watercraft, motor vehicles or trailers involved in that | ||||||
| 3 | transaction to the
Department on the same uniform | ||||||
| 4 | invoice-transaction reporting return form. For
purposes of | ||||||
| 5 | this Section, "watercraft" means a Class 2, Class 3, or Class 4
| ||||||
| 6 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
| 7 | and Safety Act, a
personal watercraft, or any boat equipped | ||||||
| 8 | with an inboard motor. | ||||||
| 9 | Any retailer who sells only motor vehicles, watercraft,
| ||||||
| 10 | aircraft, or trailers that are required to be registered with | ||||||
| 11 | an agency of
this State, so that all
retailers' occupation tax | ||||||
| 12 | liability is required to be reported, and is
reported, on such | ||||||
| 13 | transaction reporting returns and who is not otherwise
required | ||||||
| 14 | to file monthly or quarterly returns, need not file monthly or
| ||||||
| 15 | quarterly returns. However, those retailers shall be required | ||||||
| 16 | to
file returns on an annual basis. | ||||||
| 17 | The transaction reporting return, in the case of motor | ||||||
| 18 | vehicles
or trailers that are required to be registered with an | ||||||
| 19 | agency of this
State, shall
be the same document as the Uniform | ||||||
| 20 | Invoice referred to in Section 5-402
of The Illinois Vehicle | ||||||
| 21 | Code and must show the name and address of the
seller; the name | ||||||
| 22 | and address of the purchaser; the amount of the selling
price | ||||||
| 23 | including the amount allowed by the retailer for traded-in
| ||||||
| 24 | property, if any; the amount allowed by the retailer for the | ||||||
| 25 | traded-in
tangible personal property, if any, to the extent to | ||||||
| 26 | which Section 1 of
this Act allows an exemption for the value | ||||||
| |||||||
| |||||||
| 1 | of traded-in property; the
balance payable after deducting such | ||||||
| 2 | trade-in allowance from the total
selling price; the amount of | ||||||
| 3 | tax due from the retailer with respect to
such transaction; the | ||||||
| 4 | amount of tax collected from the purchaser by the
retailer on | ||||||
| 5 | such transaction (or satisfactory evidence that such tax is
not | ||||||
| 6 | due in that particular instance, if that is claimed to be the | ||||||
| 7 | fact);
the place and date of the sale; a sufficient | ||||||
| 8 | identification of the
property sold; such other information as | ||||||
| 9 | is required in Section 5-402 of
The Illinois Vehicle Code, and | ||||||
| 10 | such other information as the Department
may reasonably | ||||||
| 11 | require. | ||||||
| 12 | The transaction reporting return in the case of watercraft
| ||||||
| 13 | or aircraft must show
the name and address of the seller; the | ||||||
| 14 | name and address of the
purchaser; the amount of the selling | ||||||
| 15 | price including the amount allowed
by the retailer for | ||||||
| 16 | traded-in property, if any; the amount allowed by
the retailer | ||||||
| 17 | for the traded-in tangible personal property, if any, to
the | ||||||
| 18 | extent to which Section 1 of this Act allows an exemption for | ||||||
| 19 | the
value of traded-in property; the balance payable after | ||||||
| 20 | deducting such
trade-in allowance from the total selling price; | ||||||
| 21 | the amount of tax due
from the retailer with respect to such | ||||||
| 22 | transaction; the amount of tax
collected from the purchaser by | ||||||
| 23 | the retailer on such transaction (or
satisfactory evidence that | ||||||
| 24 | such tax is not due in that particular
instance, if that is | ||||||
| 25 | claimed to be the fact); the place and date of the
sale, a | ||||||
| 26 | sufficient identification of the property sold, and such other
| ||||||
| |||||||
| |||||||
| 1 | information as the Department may reasonably require. | ||||||
| 2 | Such transaction reporting return shall be filed not later | ||||||
| 3 | than 20
days after the day of delivery of the item that is | ||||||
| 4 | being sold, but may
be filed by the retailer at any time sooner | ||||||
| 5 | than that if he chooses to
do so. The transaction reporting | ||||||
| 6 | return and tax remittance or proof of
exemption from the | ||||||
| 7 | Illinois use tax may be transmitted to the Department
by way of | ||||||
| 8 | the State agency with which, or State officer with whom the
| ||||||
| 9 | tangible personal property must be titled or registered (if | ||||||
| 10 | titling or
registration is required) if the Department and such | ||||||
| 11 | agency or State
officer determine that this procedure will | ||||||
| 12 | expedite the processing of
applications for title or | ||||||
| 13 | registration. | ||||||
| 14 | With each such transaction reporting return, the retailer | ||||||
| 15 | shall remit
the proper amount of tax due (or shall submit | ||||||
| 16 | satisfactory evidence that
the sale is not taxable if that is | ||||||
| 17 | the case), to the Department or its
agents, whereupon the | ||||||
| 18 | Department shall issue, in the purchaser's name, a
use tax | ||||||
| 19 | receipt (or a certificate of exemption if the Department is
| ||||||
| 20 | satisfied that the particular sale is tax exempt) which such | ||||||
| 21 | purchaser
may submit to the agency with which, or State officer | ||||||
| 22 | with whom, he must
title or register the tangible personal | ||||||
| 23 | property that is involved (if
titling or registration is | ||||||
| 24 | required) in support of such purchaser's
application for an | ||||||
| 25 | Illinois certificate or other evidence of title or
registration | ||||||
| 26 | to such tangible personal property. | ||||||
| |||||||
| |||||||
| 1 | No retailer's failure or refusal to remit tax under this | ||||||
| 2 | Act
precludes a user, who has paid the proper tax to the | ||||||
| 3 | retailer, from
obtaining his certificate of title or other | ||||||
| 4 | evidence of title or
registration (if titling or registration | ||||||
| 5 | is required) upon satisfying
the Department that such user has | ||||||
| 6 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
| 7 | Department shall adopt appropriate rules to carry out
the | ||||||
| 8 | mandate of this paragraph. | ||||||
| 9 | If the user who would otherwise pay tax to the retailer | ||||||
| 10 | wants the
transaction reporting return filed and the payment of | ||||||
| 11 | the tax or proof
of exemption made to the Department before the | ||||||
| 12 | retailer is willing to
take these actions and such user has not | ||||||
| 13 | paid the tax to the retailer,
such user may certify to the fact | ||||||
| 14 | of such delay by the retailer and may
(upon the Department | ||||||
| 15 | being satisfied of the truth of such certification)
transmit | ||||||
| 16 | the information required by the transaction reporting return
| ||||||
| 17 | and the remittance for tax or proof of exemption directly to | ||||||
| 18 | the
Department and obtain his tax receipt or exemption | ||||||
| 19 | determination, in
which event the transaction reporting return | ||||||
| 20 | and tax remittance (if a
tax payment was required) shall be | ||||||
| 21 | credited by the Department to the
proper retailer's account | ||||||
| 22 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
| 23 | provided for in this Section being allowed. When the user pays
| ||||||
| 24 | the tax directly to the Department, he shall pay the tax in the | ||||||
| 25 | same
amount and in the same form in which it would be remitted | ||||||
| 26 | if the tax had
been remitted to the Department by the retailer. | ||||||
| |||||||
| |||||||
| 1 | Refunds made by the seller during the preceding return | ||||||
| 2 | period to
purchasers, on account of tangible personal property | ||||||
| 3 | returned to the
seller, shall be allowed as a deduction under | ||||||
| 4 | subdivision 5 of his monthly
or quarterly return, as the case | ||||||
| 5 | may be, in case the
seller had theretofore included the | ||||||
| 6 | receipts from the sale of such
tangible personal property in a | ||||||
| 7 | return filed by him and had paid the tax
imposed by this Act | ||||||
| 8 | with respect to such receipts. | ||||||
| 9 | Where the seller is a corporation, the return filed on | ||||||
| 10 | behalf of such
corporation shall be signed by the president, | ||||||
| 11 | vice-president, secretary
or treasurer or by the properly | ||||||
| 12 | accredited agent of such corporation. | ||||||
| 13 | Where the seller is a limited liability company, the return | ||||||
| 14 | filed on behalf
of the limited liability company shall be | ||||||
| 15 | signed by a manager, member, or
properly accredited agent of | ||||||
| 16 | the limited liability company. | ||||||
| 17 | Except as provided in this Section, the retailer filing the | ||||||
| 18 | return
under this Section shall, at the time of filing such | ||||||
| 19 | return, pay to the
Department the amount of tax imposed by this | ||||||
| 20 | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||||||
| 21 | on and after January 1, 1990, or $5 per
calendar year, | ||||||
| 22 | whichever is greater, which is allowed to
reimburse the | ||||||
| 23 | retailer for the expenses incurred in keeping records,
| ||||||
| 24 | preparing and filing returns, remitting the tax and supplying | ||||||
| 25 | data to
the Department on request. Any prepayment made pursuant | ||||||
| 26 | to Section 2d
of this Act shall be included in the amount on | ||||||
| |||||||
| |||||||
| 1 | which such
2.1% or 1.75% discount is computed. In the case of | ||||||
| 2 | retailers who report
and pay the tax on a transaction by | ||||||
| 3 | transaction basis, as provided in this
Section, such discount | ||||||
| 4 | shall be taken with each such tax remittance
instead of when | ||||||
| 5 | such retailer files his periodic return. The Department may | ||||||
| 6 | disallow the discount for retailers whose certificate of | ||||||
| 7 | registration is revoked at the time the return is filed, but | ||||||
| 8 | only if the Department's decision to revoke the certificate of | ||||||
| 9 | registration has become final. | ||||||
| 10 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
| 11 | tax liability
to the Department
under this Act, the Use Tax | ||||||
| 12 | Act, the Service Occupation Tax
Act, and the Service Use Tax | ||||||
| 13 | Act, excluding any liability for prepaid sales
tax to be | ||||||
| 14 | remitted in accordance with Section 2d of this Act, was
$10,000
| ||||||
| 15 | or more during the preceding 4 complete calendar quarters, he | ||||||
| 16 | shall file a
return with the Department each month by the 20th | ||||||
| 17 | day of the month next
following the month during which such tax | ||||||
| 18 | liability is incurred and shall
make payments to the Department | ||||||
| 19 | on or before the 7th, 15th, 22nd and last
day of the month | ||||||
| 20 | during which such liability is incurred.
On and after October | ||||||
| 21 | 1, 2000, if the taxpayer's average monthly tax liability
to the | ||||||
| 22 | Department under this Act, the Use Tax Act, the Service | ||||||
| 23 | Occupation Tax
Act, and the Service Use Tax Act, excluding any | ||||||
| 24 | liability for prepaid sales tax
to be remitted in accordance | ||||||
| 25 | with Section 2d of this Act, was $20,000 or more
during the | ||||||
| 26 | preceding 4 complete calendar quarters, he shall file a return | ||||||
| |||||||
| |||||||
| 1 | with
the Department each month by the 20th day of the month | ||||||
| 2 | next following the month
during which such tax liability is | ||||||
| 3 | incurred and shall make payment to the
Department on or before | ||||||
| 4 | the 7th, 15th, 22nd and last day of the month during
which such | ||||||
| 5 | liability is incurred.
If the month
during which such tax | ||||||
| 6 | liability is incurred began prior to January 1, 1985,
each | ||||||
| 7 | payment shall be in an amount equal to 1/4 of the taxpayer's | ||||||
| 8 | actual
liability for the month or an amount set by the | ||||||
| 9 | Department not to exceed
1/4 of the average monthly liability | ||||||
| 10 | of the taxpayer to the Department for
the preceding 4 complete | ||||||
| 11 | calendar quarters (excluding the month of highest
liability and | ||||||
| 12 | the month of lowest liability in such 4 quarter period). If
the | ||||||
| 13 | month during which such tax liability is incurred begins on or | ||||||
| 14 | after
January 1, 1985 and prior to January 1, 1987, each | ||||||
| 15 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
| 16 | actual liability for the month or
27.5% of the taxpayer's | ||||||
| 17 | liability for the same calendar
month of the preceding year. If | ||||||
| 18 | the month during which such tax
liability is incurred begins on | ||||||
| 19 | or after January 1, 1987 and prior to
January 1, 1988, each | ||||||
| 20 | payment shall be in an amount equal to 22.5% of the
taxpayer's | ||||||
| 21 | actual liability for the month or 26.25% of the taxpayer's
| ||||||
| 22 | liability for the same calendar month of the preceding year. If | ||||||
| 23 | the month
during which such tax liability is incurred begins on | ||||||
| 24 | or after January 1,
1988, and prior to January 1, 1989, or | ||||||
| 25 | begins on or after January 1, 1996, each
payment shall be in an | ||||||
| 26 | amount
equal to 22.5% of the taxpayer's actual liability for | ||||||
| |||||||
| |||||||
| 1 | the month or 25% of
the taxpayer's liability for the same | ||||||
| 2 | calendar month of the preceding year. If
the month during which | ||||||
| 3 | such tax liability is incurred begins on or after
January 1, | ||||||
| 4 | 1989, and prior to January 1, 1996, each payment shall be in an
| ||||||
| 5 | amount equal to 22.5% of the
taxpayer's actual liability for | ||||||
| 6 | the month or 25% of the taxpayer's
liability for the same | ||||||
| 7 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
| 8 | actual liability for the quarter monthly reporting period. The
| ||||||
| 9 | amount of such quarter monthly payments shall be credited | ||||||
| 10 | against
the final tax liability of the taxpayer's return for | ||||||
| 11 | that month. Before
October 1, 2000, once
applicable, the | ||||||
| 12 | requirement of the making of quarter monthly payments to
the | ||||||
| 13 | Department by taxpayers having an average monthly tax liability | ||||||
| 14 | of
$10,000 or more as determined in the manner provided above
| ||||||
| 15 | shall continue
until such taxpayer's average monthly liability | ||||||
| 16 | to the Department during
the preceding 4 complete calendar | ||||||
| 17 | quarters (excluding the month of highest
liability and the | ||||||
| 18 | month of lowest liability) is less than
$9,000, or until
such | ||||||
| 19 | taxpayer's average monthly liability to the Department as | ||||||
| 20 | computed for
each calendar quarter of the 4 preceding complete | ||||||
| 21 | calendar quarter period
is less than $10,000. However, if a | ||||||
| 22 | taxpayer can show the
Department that
a substantial change in | ||||||
| 23 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
| 24 | to anticipate that his average monthly tax liability for the
| ||||||
| 25 | reasonably foreseeable future will fall below the $10,000 | ||||||
| 26 | threshold
stated above, then
such taxpayer
may petition the | ||||||
| |||||||
| |||||||
| 1 | Department for a change in such taxpayer's reporting
status. On | ||||||
| 2 | and after October 1, 2000, once applicable, the requirement of
| ||||||
| 3 | the making of quarter monthly payments to the Department by | ||||||
| 4 | taxpayers having an
average monthly tax liability of $20,000 or | ||||||
| 5 | more as determined in the manner
provided above shall continue | ||||||
| 6 | until such taxpayer's average monthly liability
to the | ||||||
| 7 | Department during the preceding 4 complete calendar quarters | ||||||
| 8 | (excluding
the month of highest liability and the month of | ||||||
| 9 | lowest liability) is less than
$19,000 or until such taxpayer's | ||||||
| 10 | average monthly liability to the Department as
computed for | ||||||
| 11 | each calendar quarter of the 4 preceding complete calendar | ||||||
| 12 | quarter
period is less than $20,000. However, if a taxpayer can | ||||||
| 13 | show the Department
that a substantial change in the taxpayer's | ||||||
| 14 | business has occurred which causes
the taxpayer to anticipate | ||||||
| 15 | that his average monthly tax liability for the
reasonably | ||||||
| 16 | foreseeable future will fall below the $20,000 threshold stated
| ||||||
| 17 | above, then such taxpayer may petition the Department for a | ||||||
| 18 | change in such
taxpayer's reporting status. The Department | ||||||
| 19 | shall change such taxpayer's
reporting status
unless it finds | ||||||
| 20 | that such change is seasonal in nature and not likely to be
| ||||||
| 21 | long term. If any such quarter monthly payment is not paid at | ||||||
| 22 | the time or
in the amount required by this Section, then the | ||||||
| 23 | taxpayer shall be liable for
penalties and interest on the | ||||||
| 24 | difference
between the minimum amount due as a payment and the | ||||||
| 25 | amount of such quarter
monthly payment actually and timely | ||||||
| 26 | paid, except insofar as the
taxpayer has previously made | ||||||
| |||||||
| |||||||
| 1 | payments for that month to the Department in
excess of the | ||||||
| 2 | minimum payments previously due as provided in this Section.
| ||||||
| 3 | The Department shall make reasonable rules and regulations to | ||||||
| 4 | govern the
quarter monthly payment amount and quarter monthly | ||||||
| 5 | payment dates for
taxpayers who file on other than a calendar | ||||||
| 6 | monthly basis. | ||||||
| 7 | The provisions of this paragraph apply before October 1, | ||||||
| 8 | 2001.
Without regard to whether a taxpayer is required to make | ||||||
| 9 | quarter monthly
payments as specified above, any taxpayer who | ||||||
| 10 | is required by Section 2d
of this Act to collect and remit | ||||||
| 11 | prepaid taxes and has collected prepaid
taxes which average in | ||||||
| 12 | excess of $25,000 per month during the preceding
2 complete | ||||||
| 13 | calendar quarters, shall file a return with the Department as
| ||||||
| 14 | required by Section 2f and shall make payments to the | ||||||
| 15 | Department on or before
the 7th, 15th, 22nd and last day of the | ||||||
| 16 | month during which such liability
is incurred. If the month | ||||||
| 17 | during which such tax liability is incurred
began prior to the | ||||||
| 18 | effective date of this amendatory Act of 1985, each
payment | ||||||
| 19 | shall be in an amount not less than 22.5% of the taxpayer's | ||||||
| 20 | actual
liability under Section 2d. If the month during which | ||||||
| 21 | such tax liability
is incurred begins on or after January 1, | ||||||
| 22 | 1986, each payment shall be in an
amount equal to 22.5% of the | ||||||
| 23 | taxpayer's actual liability for the month or
27.5% of the | ||||||
| 24 | taxpayer's liability for the same calendar month of the
| ||||||
| 25 | preceding calendar year. If the month during which such tax | ||||||
| 26 | liability is
incurred begins on or after January 1, 1987, each | ||||||
| |||||||
| |||||||
| 1 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
| 2 | actual liability for the month or
26.25% of the taxpayer's | ||||||
| 3 | liability for the same calendar month of the
preceding year. | ||||||
| 4 | The amount of such quarter monthly payments shall be
credited | ||||||
| 5 | against the final tax liability of the taxpayer's return for | ||||||
| 6 | that
month filed under this Section or Section 2f, as the case | ||||||
| 7 | may be. Once
applicable, the requirement of the making of | ||||||
| 8 | quarter monthly payments to
the Department pursuant to this | ||||||
| 9 | paragraph shall continue until such
taxpayer's average monthly | ||||||
| 10 | prepaid tax collections during the preceding 2
complete | ||||||
| 11 | calendar quarters is $25,000 or less. If any such quarter | ||||||
| 12 | monthly
payment is not paid at the time or in the amount | ||||||
| 13 | required, the taxpayer
shall be liable for penalties and | ||||||
| 14 | interest on such difference, except
insofar as the taxpayer has | ||||||
| 15 | previously made payments for that month in
excess of the | ||||||
| 16 | minimum payments previously due. | ||||||
| 17 | The provisions of this paragraph apply on and after October | ||||||
| 18 | 1, 2001.
Without regard to whether a taxpayer is required to | ||||||
| 19 | make quarter monthly
payments as specified above, any taxpayer | ||||||
| 20 | who is required by Section 2d of this
Act to collect and remit | ||||||
| 21 | prepaid taxes and has collected prepaid taxes that
average in | ||||||
| 22 | excess of $20,000 per month during the preceding 4 complete | ||||||
| 23 | calendar
quarters shall file a return with the Department as | ||||||
| 24 | required by Section 2f
and shall make payments to the | ||||||
| 25 | Department on or before the 7th, 15th, 22nd and
last day of the | ||||||
| 26 | month during which the liability is incurred. Each payment
| ||||||
| |||||||
| |||||||
| 1 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
| 2 | liability for the
month or 25% of the taxpayer's liability for | ||||||
| 3 | the same calendar month of the
preceding year. The amount of | ||||||
| 4 | the quarter monthly payments shall be credited
against the | ||||||
| 5 | final tax liability of the taxpayer's return for that month | ||||||
| 6 | filed
under this Section or Section 2f, as the case may be. | ||||||
| 7 | Once applicable, the
requirement of the making of quarter | ||||||
| 8 | monthly payments to the Department
pursuant to this paragraph | ||||||
| 9 | shall continue until the taxpayer's average monthly
prepaid tax | ||||||
| 10 | collections during the preceding 4 complete calendar quarters
| ||||||
| 11 | (excluding the month of highest liability and the month of | ||||||
| 12 | lowest liability) is
less than $19,000 or until such taxpayer's | ||||||
| 13 | average monthly liability to the
Department as computed for | ||||||
| 14 | each calendar quarter of the 4 preceding complete
calendar | ||||||
| 15 | quarters is less than $20,000. If any such quarter monthly | ||||||
| 16 | payment is
not paid at the time or in the amount required, the | ||||||
| 17 | taxpayer shall be liable
for penalties and interest on such | ||||||
| 18 | difference, except insofar as the taxpayer
has previously made | ||||||
| 19 | payments for that month in excess of the minimum payments
| ||||||
| 20 | previously due. | ||||||
| 21 | If any payment provided for in this Section exceeds
the | ||||||
| 22 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
| 23 | Service
Occupation Tax Act and the Service Use Tax Act, as | ||||||
| 24 | shown on an original
monthly return, the Department shall, if | ||||||
| 25 | requested by the taxpayer, issue to
the taxpayer a credit | ||||||
| 26 | memorandum no later than 30 days after the date of
payment. The | ||||||
| |||||||
| |||||||
| 1 | credit evidenced by such credit memorandum may
be assigned by | ||||||
| 2 | the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||||||
| 3 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
| 4 | in
accordance with reasonable rules and regulations to be | ||||||
| 5 | prescribed by the
Department. If no such request is made, the | ||||||
| 6 | taxpayer may credit such excess
payment against tax liability | ||||||
| 7 | subsequently to be remitted to the Department
under this Act, | ||||||
| 8 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
| 9 | Use Tax Act, in accordance with reasonable rules and | ||||||
| 10 | regulations
prescribed by the Department. If the Department | ||||||
| 11 | subsequently determined
that all or any part of the credit | ||||||
| 12 | taken was not actually due to the
taxpayer, the taxpayer's 2.1% | ||||||
| 13 | and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | ||||||
| 14 | of the difference between the credit taken and that
actually | ||||||
| 15 | due, and that taxpayer shall be liable for penalties and | ||||||
| 16 | interest
on such difference. | ||||||
| 17 | If a retailer of motor fuel is entitled to a credit under | ||||||
| 18 | Section 2d of
this Act which exceeds the taxpayer's liability | ||||||
| 19 | to the Department under
this Act for the month which the | ||||||
| 20 | taxpayer is filing a return, the
Department shall issue the | ||||||
| 21 | taxpayer a credit memorandum for the excess. | ||||||
| 22 | Beginning January 1, 1990, each month the Department shall | ||||||
| 23 | pay into
the Local Government Tax Fund, a special fund in the | ||||||
| 24 | State treasury which
is hereby created, the net revenue | ||||||
| 25 | realized for the preceding month from
the 1% tax on sales of | ||||||
| 26 | food for human consumption which is to be consumed
off the | ||||||
| |||||||
| |||||||
| 1 | premises where it is sold (other than alcoholic beverages, soft
| ||||||
| 2 | drinks and food which has been prepared for immediate | ||||||
| 3 | consumption) and
prescription and nonprescription medicines, | ||||||
| 4 | drugs, medical appliances and
insulin, urine testing | ||||||
| 5 | materials, syringes and needles used by diabetics. | ||||||
| 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. | ||||||
| 11 | Beginning August 1, 2000, each
month the Department shall | ||||||
| 12 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
| 13 | net revenue realized for the
preceding month from the 1.25% | ||||||
| 14 | rate on the selling price of motor fuel and
gasohol. Beginning | ||||||
| 15 | September 1, 2010, each month the Department shall pay into the | ||||||
| 16 | County and Mass Transit District Fund 20% of the net revenue | ||||||
| 17 | realized for the preceding month from the 1.25% rate on the | ||||||
| 18 | selling price of sales tax holiday items. | ||||||
| 19 | Beginning January 1, 1990, each month the Department shall | ||||||
| 20 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
| 21 | realized for the
preceding month from the 6.25% general rate on | ||||||
| 22 | the selling price of
tangible personal property. | ||||||
| 23 | Beginning August 1, 2000, each
month the Department shall | ||||||
| 24 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
| 25 | realized for the preceding
month from the 1.25% rate on the | ||||||
| 26 | selling price of motor fuel and gasohol. Beginning September 1, | ||||||
| |||||||
| |||||||
| 1 | 2010, each month the Department shall pay into the Local | ||||||
| 2 | Government Tax Fund 80% of the net revenue realized for the | ||||||
| 3 | preceding month from the 1.25% rate on the selling price of | ||||||
| 4 | sales tax holiday items. | ||||||
| 5 | Beginning October 1, 2009, each month the Department shall | ||||||
| 6 | pay into the Capital Projects Fund an amount that is equal to | ||||||
| 7 | an amount estimated by the Department to represent 80% of the | ||||||
| 8 | net revenue realized for the preceding month from the sale of | ||||||
| 9 | candy, grooming and hygiene products, and soft drinks that had | ||||||
| 10 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
| 11 | are is now taxed at 6.25%. | ||||||
| 12 | Beginning July 1, 2011, each
month the Department shall pay | ||||||
| 13 | into the Clean Air Act (CAA) Permit Fund 80% of the net revenue | ||||||
| 14 | realized for the
preceding month from the 6.25% general rate on | ||||||
| 15 | the selling price of sorbents used in Illinois in the process | ||||||
| 16 | of sorbent injection as used to comply with the Environmental | ||||||
| 17 | Protection Act or the federal Clean Air Act, but the total | ||||||
| 18 | payment into the Clean Air Act (CAA) Permit Fund under this Act | ||||||
| 19 | and the Use Tax Act shall not exceed $2,000,000 in any fiscal | ||||||
| 20 | year. | ||||||
| 21 | Beginning July 1, 2013, each month the Department shall pay | ||||||
| 22 | into the Underground Storage Tank Fund from the proceeds | ||||||
| 23 | collected under this Act, the Use Tax Act, the Service Use Tax | ||||||
| 24 | Act, and the Service Occupation Tax Act an amount equal to the | ||||||
| 25 | average monthly deficit in the Underground Storage Tank Fund | ||||||
| 26 | during the prior year, as certified annually by the Illinois | ||||||
| |||||||
| |||||||
| 1 | Environmental Protection Agency, but the total payment into the | ||||||
| 2 | Underground Storage Tank Fund under this Act, the Use Tax Act, | ||||||
| 3 | the Service Use Tax Act, and the Service Occupation Tax Act | ||||||
| 4 | shall not exceed $18,000,000 in any State fiscal year. As used | ||||||
| 5 | in this paragraph, the "average monthly deficit" shall be equal | ||||||
| 6 | to the difference between the average monthly claims for | ||||||
| 7 | payment by the fund and the average monthly revenues deposited | ||||||
| 8 | into the fund, excluding payments made pursuant to this | ||||||
| 9 | paragraph. | ||||||
| 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; the | |||||||||||||||||||||||||||||||||||||
| 2 | "Annual Specified Amount" means the amounts
specified below for | |||||||||||||||||||||||||||||||||||||
| 3 | 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 and | ||||||
| 8 | 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 received | ||||||
| 25 | by the Department pursuant to the Tax Acts
to the Build | ||||||
| 26 | Illinois Fund; provided, however, that any amounts paid to the
| ||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| 1 | 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. | |||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | Beginning July 20, 1993 and in each month of each fiscal | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | year thereafter,
one-eighth of the amount requested in the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | certificate of the Chairman of
the Metropolitan Pier and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | Exposition Authority for that fiscal year, less
the amount | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | deposited into the McCormick Place Expansion Project Fund by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | the
State Treasurer in the respective month under subsection | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | (g) of Section 13
of the Metropolitan Pier and Exposition | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | Authority Act, plus cumulative
deficiencies in the deposits | ||||||
| 2 | required under this Section for previous
months and years, | ||||||
| 3 | shall be deposited into the McCormick Place Expansion
Project | ||||||
| 4 | Fund, until the full amount requested for the fiscal year, but | ||||||
| 5 | not
in excess of the amount specified above as "Total Deposit", | ||||||
| 6 | has been deposited. | ||||||
| 7 | Subject to payment of amounts into the Build Illinois Fund | ||||||
| 8 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
| 9 | preceding paragraphs
or in any amendments
thereto hereafter | ||||||
| 10 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
| 11 | 2013, the Department shall each
month pay into the Illinois Tax | ||||||
| 12 | Increment Fund 0.27% of 80% of the net revenue
realized for the | ||||||
| 13 | preceding month from the 6.25% general rate on the selling
| ||||||
| 14 | price of tangible personal property. | ||||||
| 15 | Subject to payment of amounts into the Build Illinois Fund | ||||||
| 16 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
| 17 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
| 18 | enacted, beginning with the receipt of the first
report of | ||||||
| 19 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
| 20 | period, the Department shall each month pay into the Energy | ||||||
| 21 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
| 22 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
| 23 | that was sold to an eligible business.
For purposes of this | ||||||
| 24 | paragraph, the term "eligible business" means a new
electric | ||||||
| 25 | generating facility certified pursuant to Section 605-332 of | ||||||
| 26 | the
Department of Commerce and Economic Opportunity
Law of the | ||||||
| |||||||
| |||||||
| 1 | Civil Administrative Code of Illinois. | ||||||
| 2 | Of the remainder of the moneys received by the Department | ||||||
| 3 | pursuant to
this Act, 75% thereof shall be paid into the State | ||||||
| 4 | Treasury and 25% shall
be reserved in a special account and | ||||||
| 5 | used only for the transfer to the
Common School Fund as part of | ||||||
| 6 | the monthly transfer from the General Revenue
Fund in | ||||||
| 7 | accordance with Section 8a of the State Finance Act. | ||||||
| 8 | The Department may, upon separate written notice to a | ||||||
| 9 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
| 10 | Department on a form
prescribed by the Department within not | ||||||
| 11 | less than 60 days after receipt
of the notice an annual | ||||||
| 12 | information return for the tax year specified in
the notice. | ||||||
| 13 | Such annual return to the Department shall include a
statement | ||||||
| 14 | of gross receipts as shown by the retailer's last Federal | ||||||
| 15 | income
tax return. If the total receipts of the business as | ||||||
| 16 | reported in the
Federal income tax return do not agree with the | ||||||
| 17 | gross receipts reported to
the Department of Revenue for the | ||||||
| 18 | same period, the retailer shall attach
to his annual return a | ||||||
| 19 | schedule showing a reconciliation of the 2
amounts and the | ||||||
| 20 | reasons for the difference. The retailer's annual
return to the | ||||||
| 21 | Department shall also disclose the cost of goods sold by
the | ||||||
| 22 | retailer during the year covered by such return, opening and | ||||||
| 23 | closing
inventories of such goods for such year, costs of goods | ||||||
| 24 | used from stock
or taken from stock and given away by the | ||||||
| 25 | retailer during such year,
payroll information of the | ||||||
| 26 | retailer's business during such year and any
additional | ||||||
| |||||||
| |||||||
| 1 | reasonable information which the Department deems would be
| ||||||
| 2 | helpful in determining the accuracy of the monthly, quarterly | ||||||
| 3 | or annual
returns filed by such retailer as provided for in | ||||||
| 4 | this Section. | ||||||
| 5 | If the annual information return required by this Section | ||||||
| 6 | is not
filed when and as required, the taxpayer shall be liable | ||||||
| 7 | as follows: | ||||||
| 8 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
| 9 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
| 10 | taxpayer under
this Act during the period to be covered by | ||||||
| 11 | the annual return for each
month or fraction of a month | ||||||
| 12 | until such return is filed as required, the
penalty to be | ||||||
| 13 | assessed and collected in the same manner as any other
| ||||||
| 14 | penalty provided for in this Act. | ||||||
| 15 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
| 16 | be
liable for a penalty as described in Section 3-4 of the | ||||||
| 17 | Uniform Penalty and
Interest Act. | ||||||
| 18 | The chief executive officer, proprietor, owner or highest | ||||||
| 19 | ranking
manager shall sign the annual return to certify the | ||||||
| 20 | accuracy of the
information contained therein. Any person who | ||||||
| 21 | willfully signs the
annual return containing false or | ||||||
| 22 | inaccurate information shall be guilty
of perjury and punished | ||||||
| 23 | accordingly. The annual return form prescribed
by the | ||||||
| 24 | Department shall include a warning that the person signing the
| ||||||
| 25 | return may be liable for perjury. | ||||||
| 26 | The provisions of this Section concerning the filing of an | ||||||
| |||||||
| |||||||
| 1 | annual
information return do not apply to a retailer who is not | ||||||
| 2 | required to
file an income tax return with the United States | ||||||
| 3 | Government. | ||||||
| 4 | As soon as possible after the first day of each month, upon | ||||||
| 5 | certification
of the Department of Revenue, the Comptroller | ||||||
| 6 | shall order transferred and
the Treasurer shall transfer from | ||||||
| 7 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
| 8 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
| 9 | for the second preceding
month.
Beginning April 1, 2000, this | ||||||
| 10 | transfer is no longer required
and shall not be made. | ||||||
| 11 | Net revenue realized for a month shall be the revenue | ||||||
| 12 | collected by the
State pursuant to this Act, less the amount | ||||||
| 13 | paid out during that month as
refunds to taxpayers for | ||||||
| 14 | overpayment of liability. | ||||||
| 15 | For greater simplicity of administration, manufacturers, | ||||||
| 16 | importers
and wholesalers whose products are sold at retail in | ||||||
| 17 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
| 18 | assume the responsibility
for accounting and paying to the | ||||||
| 19 | Department all tax accruing under this
Act with respect to such | ||||||
| 20 | sales, if the retailers who are affected do not
make written | ||||||
| 21 | objection to the Department to this arrangement. | ||||||
| 22 | Any person who promotes, organizes, provides retail | ||||||
| 23 | selling space for
concessionaires or other types of sellers at | ||||||
| 24 | the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||||||
| 25 | local fairs, art shows, flea markets and similar
exhibitions or | ||||||
| 26 | events, including any transient merchant as defined by Section | ||||||
| |||||||
| |||||||
| 1 | 2
of the Transient Merchant Act of 1987, is required to file a | ||||||
| 2 | report with the
Department providing the name of the merchant's | ||||||
| 3 | business, the name of the
person or persons engaged in | ||||||
| 4 | merchant's business, the permanent address and
Illinois | ||||||
| 5 | Retailers Occupation Tax Registration Number of the merchant, | ||||||
| 6 | the
dates and location of the event and other reasonable | ||||||
| 7 | information that the
Department may require. The report must be | ||||||
| 8 | filed not later than the 20th day
of the month next following | ||||||
| 9 | the month during which the event with retail sales
was held. | ||||||
| 10 | Any person who fails to file a report required by this Section
| ||||||
| 11 | commits a business offense and is subject to a fine not to | ||||||
| 12 | exceed $250. | ||||||
| 13 | Any person engaged in the business of selling tangible | ||||||
| 14 | personal
property at retail as a concessionaire or other type | ||||||
| 15 | of seller at the
Illinois State Fair, county fairs, art shows, | ||||||
| 16 | flea markets and similar
exhibitions or events, or any | ||||||
| 17 | transient merchants, as defined by Section 2
of the Transient | ||||||
| 18 | Merchant Act of 1987, may be required to make a daily report
of | ||||||
| 19 | the amount of such sales to the Department and to make a daily | ||||||
| 20 | payment of
the full amount of tax due. The Department shall | ||||||
| 21 | impose this
requirement when it finds that there is a | ||||||
| 22 | significant risk of loss of
revenue to the State at such an | ||||||
| 23 | exhibition or event. Such a finding
shall be based on evidence | ||||||
| 24 | that a substantial number of concessionaires
or other sellers | ||||||
| 25 | who are not residents of Illinois will be engaging in
the | ||||||
| 26 | business of selling tangible personal property at retail at the
| ||||||
| |||||||
| |||||||
| 1 | exhibition or event, or other evidence of a significant risk of | ||||||
| 2 | loss of revenue
to the State. The Department shall notify | ||||||
| 3 | concessionaires and other sellers
affected by the imposition of | ||||||
| 4 | this requirement. In the absence of
notification by the | ||||||
| 5 | Department, the concessionaires and other sellers
shall file | ||||||
| 6 | their returns as otherwise required in this Section. | ||||||
| 7 | (Source: P.A. 97-95, eff. 7-12-11; 97-333, eff. 8-12-11; 98-24, | ||||||
| 8 | eff. 6-19-13; 98-109, eff. 7-25-13; 98-496, eff. 1-1-14; | ||||||
| 9 | revised 9-9-13.)
| ||||||
| 10 | Section 195. The Property Tax Code is amended by changing | ||||||
| 11 | Sections 9-275 and 15-170 as follows:
| ||||||
| 12 | (35 ILCS 200/9-275) | ||||||
| 13 | Sec. 9-275. Erroneous homestead exemptions. | ||||||
| 14 | (a) For purposes of this Section: | ||||||
| 15 | "Erroneous homestead exemption" means a homestead | ||||||
| 16 | exemption that was granted for real property in a taxable year | ||||||
| 17 | if the property was not eligible for that exemption in that | ||||||
| 18 | taxable year. If the taxpayer receives an erroneous homestead | ||||||
| 19 | exemption under a single Section of this Code for the same | ||||||
| 20 | property in multiple years, that exemption is considered a | ||||||
| 21 | single erroneous homestead exemption for purposes of this | ||||||
| 22 | Section. However, if the taxpayer receives erroneous homestead | ||||||
| 23 | exemptions under multiple Sections of this Code for the same | ||||||
| 24 | property, or if the taxpayer receives erroneous homestead | ||||||
| |||||||
| |||||||
| 1 | exemptions under the same Section of this Code for multiple | ||||||
| 2 | properties, then each of those exemptions is considered a | ||||||
| 3 | separate erroneous homestead exemption for purposes of this | ||||||
| 4 | Section. | ||||||
| 5 | "Homestead exemption" means an exemption under Section | ||||||
| 6 | 15-165 (disabled veterans), 15-167 (returning veterans), | ||||||
| 7 | 15-168 (disabled persons), 15-169 (disabled veterans standard | ||||||
| 8 | homestead), 15-170 (senior citizens), 15-172 (senior citizens | ||||||
| 9 | assessment freeze), 15-175 (general homestead), 15-176 | ||||||
| 10 | (alternative general homestead), or 15-177 (long-time | ||||||
| 11 | occupant). | ||||||
| 12 | (b) Notwithstanding any other provision of law, in counties | ||||||
| 13 | with 3,000,000 or more inhabitants, the chief county assessment | ||||||
| 14 | officer shall include the following information with each | ||||||
| 15 | assessment notice sent in a general assessment year: (1) a list | ||||||
| 16 | of each homestead exemption available under Article 15 of this | ||||||
| 17 | Code and a description of the eligibility criteria for that | ||||||
| 18 | exemption; (2) a list of each homestead exemption applied to | ||||||
| 19 | the property in the current assessment year; (3) information | ||||||
| 20 | regarding penalties and interest that may be incurred under | ||||||
| 21 | this Section if the property owner received an erroneous | ||||||
| 22 | homestead exemption in a previous taxable year; and (4) notice | ||||||
| 23 | of the 60-day grace period available under this subsection. If, | ||||||
| 24 | within 60 days after receiving his or her assessment notice, | ||||||
| 25 | the property owner notifies the chief county assessment officer | ||||||
| 26 | that he or she received an erroneous homestead exemption in a | ||||||
| |||||||
| |||||||
| 1 | previous assessment year, and if the property owner pays the | ||||||
| 2 | principal amount of back taxes due and owing with respect to | ||||||
| 3 | that exemption, plus interest as provided in subsection (f), | ||||||
| 4 | then the property owner shall not be liable for the penalties | ||||||
| 5 | provided in subsection (f) with respect to that exemption. | ||||||
| 6 | (c) The chief county assessment officer in a county with | ||||||
| 7 | 3,000,000 or more inhabitants may cause a lien to be recorded | ||||||
| 8 | against property that (1) is located in the county and (2) | ||||||
| 9 | received one or more erroneous homestead exemptions if, upon | ||||||
| 10 | determination of the chief county assessment officer, the | ||||||
| 11 | property owner received: (A) one or 2 erroneous homestead | ||||||
| 12 | exemptions for real property, including at least one erroneous | ||||||
| 13 | homestead exemption granted for the property against which the | ||||||
| 14 | lien is sought, during any of the 3 assessment years | ||||||
| 15 | immediately prior to the assessment year in which the notice of | ||||||
| 16 | intent to record at tax lien is served; or (B) (2) 3 or more | ||||||
| 17 | erroneous homestead exemptions for real property, including at | ||||||
| 18 | least one erroneous homestead exemption granted for the | ||||||
| 19 | property against which the lien is sought, during any of the 6 | ||||||
| 20 | assessment years immediately prior to the assessment year in | ||||||
| 21 | which the notice of intent to record at tax lien is served. | ||||||
| 22 | Prior to recording the lien against the property, the chief | ||||||
| 23 | county assessment officer shall cause to be served, by both | ||||||
| 24 | regular mail and certified mail, return receipt requested, on | ||||||
| 25 | the person to whom the most recent tax bill was mailed and the | ||||||
| 26 | owner of record, a notice of intent to record a tax lien | ||||||
| |||||||
| |||||||
| 1 | against the property. | ||||||
| 2 | (d) The notice of intent to record a tax lien described in | ||||||
| 3 | subsection (c) shall: (1) identify, by property index number, | ||||||
| 4 | the property against which the lien is being sought; (2) | ||||||
| 5 | identify each specific homestead exemption that was | ||||||
| 6 | erroneously granted and the year or years in which each | ||||||
| 7 | exemption was granted; (3) set forth the arrearage of taxes | ||||||
| 8 | that would have been due if not for the erroneous homestead | ||||||
| 9 | exemptions; (4) inform the property owner that he or she may | ||||||
| 10 | request a hearing within 30 days after service and may appeal | ||||||
| 11 | the hearing officer's ruling to the circuit court; and (5) | ||||||
| 12 | inform the property owner that he or she may pay the amount | ||||||
| 13 | due, plus interest and penalties, within 30 days after service. | ||||||
| 14 | (e) The notice must also include a form that the property | ||||||
| 15 | owner may return to the chief county assessment officer to | ||||||
| 16 | request a hearing. The property owner may request a hearing by | ||||||
| 17 | returning the form within 30 days after service. The hearing | ||||||
| 18 | shall be held within 90 days after the property owner is | ||||||
| 19 | served. The chief county assessment officer shall promulgate | ||||||
| 20 | rules of service and procedure for the hearing. The chief | ||||||
| 21 | county assessment officer must generally follow rules of | ||||||
| 22 | evidence and practices that prevail in the county circuit | ||||||
| 23 | courts, but, because of the nature of these proceedings, the | ||||||
| 24 | chief county assessment officer is not bound by those rules in | ||||||
| 25 | all particulars. The chief county assessment officer shall | ||||||
| 26 | appoint a hearing officer to oversee the hearing. The property | ||||||
| |||||||
| |||||||
| 1 | owner shall be allowed to present evidence to the hearing | ||||||
| 2 | officer at the hearing. After taking into consideration all the | ||||||
| 3 | relevant testimony and evidence, the hearing officer shall make | ||||||
| 4 | an administrative decision on whether the property owner was | ||||||
| 5 | erroneously granted a homestead exemption for the assessment | ||||||
| 6 | year in question. The property owner may appeal the hearing | ||||||
| 7 | officer's ruling to the circuit court of the county where the | ||||||
| 8 | property is located as a final administrative decision under | ||||||
| 9 | the Administrative Review Law. | ||||||
| 10 | (f) A lien against the property imposed under this Section | ||||||
| 11 | shall be filed with the county recorder of deeds, but may not | ||||||
| 12 | be filed sooner than 60 days after the notice was delivered to | ||||||
| 13 | the property owner if the property owner does not request a | ||||||
| 14 | hearing, or until the conclusion of the hearing and all appeals | ||||||
| 15 | if the property owner does request a hearing. If a lien is | ||||||
| 16 | filed pursuant to this Section and the property owner received | ||||||
| 17 | one or 2 erroneous homestead exemptions during any of the 3 | ||||||
| 18 | assessment years immediately prior to the assessment year in | ||||||
| 19 | which the notice of intent to record at tax lien is served, | ||||||
| 20 | then the arrearages of taxes that might have been assessed for | ||||||
| 21 | that property, plus 10% interest per annum, shall be charged | ||||||
| 22 | against the property by the county treasurer. However, if a | ||||||
| 23 | lien is filed pursuant to this Section and the property owner | ||||||
| 24 | received 3 or more erroneous homestead exemptions during any of | ||||||
| 25 | the 6 assessment years immediately prior to the assessment year | ||||||
| 26 | in which the notice of intent to record at tax lien is served, | ||||||
| |||||||
| |||||||
| 1 | the arrearages of taxes that might have been assessed for that | ||||||
| 2 | property, plus a penalty of 50% of the total amount of unpaid | ||||||
| 3 | taxes for each year for that property and 10% interest per | ||||||
| 4 | annum, shall be charged against the property by the county | ||||||
| 5 | treasurer. | ||||||
| 6 | (g) If a person received an erroneous homestead exemption | ||||||
| 7 | under Section 15-170 and: (1) the person was the spouse, child, | ||||||
| 8 | grandchild, brother, sister, niece, or nephew of the previous | ||||||
| 9 | owner; and (2) the person received the property by bequest or | ||||||
| 10 | inheritance; then the person is not liable for the penalties | ||||||
| 11 | imposed under this subsection for any year or years during | ||||||
| 12 | which the county did not require an annual application for the | ||||||
| 13 | exemption. However, that person is responsible for any interest | ||||||
| 14 | owed under subsection (f). | ||||||
| 15 | (h) If the erroneous homestead exemption was granted as a | ||||||
| 16 | result of a clerical error or omission on the part of the chief | ||||||
| 17 | county assessment officer, and if the owner has paid its tax | ||||||
| 18 | bills as received for the year in which the error occurred, | ||||||
| 19 | then the interest and penalties authorized by this Section with | ||||||
| 20 | respect to that homestead exemption shall not be chargeable to | ||||||
| 21 | the owner. However, nothing in this Section shall prevent the | ||||||
| 22 | collection of the principal amount of back taxes due and owing. | ||||||
| 23 | (i) A lien under this Section is not valid as to (1) any | ||||||
| 24 | bona fide purchaser for value without notice of the erroneous | ||||||
| 25 | homestead exemption whose rights in and to the underlying | ||||||
| 26 | parcel arose after the erroneous homestead exemption was | ||||||
| |||||||
| |||||||
| 1 | granted but before the filing of the notice of lien; or (2) any | ||||||
| 2 | mortgagee, judgment creditor, or other lienor whose rights in | ||||||
| 3 | and to the underlying parcel arose before the filing of the | ||||||
| 4 | notice of lien. A title insurance policy for the property that | ||||||
| 5 | is issued by a title company licensed to do business in the | ||||||
| 6 | State showing that the property is free and clear of any liens | ||||||
| 7 | imposed under this Section shall be prima facie evidence that | ||||||
| 8 | the property owner is without notice of the erroneous homestead | ||||||
| 9 | exemption. Nothing in this Section shall be deemed to impair | ||||||
| 10 | the rights of subsequent creditors and subsequent purchasers | ||||||
| 11 | under Section 30 of the Conveyances Act. | ||||||
| 12 | (j) When a lien is filed against the property pursuant to | ||||||
| 13 | this Section, the chief county assessment officer shall mail a | ||||||
| 14 | copy of the lien to the person to whom the most recent tax bill | ||||||
| 15 | was mailed and to the owner of record, and the outstanding | ||||||
| 16 | liability created by such a lien is due and payable within 30 | ||||||
| 17 | days after the mailing of the lien by the chief county | ||||||
| 18 | assessment officer. Payment shall be made to the chief county | ||||||
| 19 | assessment officer who shall, upon receipt of the full amount | ||||||
| 20 | due, provide in reasonable form a release of the lien and shall | ||||||
| 21 | transmit the funds received to the county treasurer for | ||||||
| 22 | distribution as provided in subsection (i) of this Section. | ||||||
| 23 | This liability is deemed delinquent and shall bear interest | ||||||
| 24 | beginning on the day after the due date. | ||||||
| 25 | (k) The unpaid taxes shall be paid to the appropriate | ||||||
| 26 | taxing districts. Interest shall be paid to the county where | ||||||
| |||||||
| |||||||
| 1 | the property is located. The penalty shall be paid to the chief | ||||||
| 2 | county assessment officer's office for the administration of | ||||||
| 3 | the provisions of this amendatory Act of the 98th General | ||||||
| 4 | Assembly. | ||||||
| 5 | (l) The chief county assessment officer in a county with | ||||||
| 6 | 3,000,000 or more inhabitants shall establish an amnesty period | ||||||
| 7 | for all taxpayers owing any tax due to an erroneous homestead | ||||||
| 8 | exemption granted in a tax year prior to the 2013 tax year. The | ||||||
| 9 | amnesty period shall begin on the effective date of this | ||||||
| 10 | amendatory Act of the 98th General Assembly and shall run | ||||||
| 11 | through December 31, 2013. If, during the amnesty period, the | ||||||
| 12 | taxpayer pays the entire arrearage of taxes due for tax years | ||||||
| 13 | prior to 2013, the county clerk shall abate and not seek to | ||||||
| 14 | collect any interest or penalties that may be applicable and | ||||||
| 15 | shall not seek civil or criminal prosecution for any taxpayer | ||||||
| 16 | for tax years prior to 2013. Failure to pay all such taxes due | ||||||
| 17 | during the amnesty period established under this Section shall | ||||||
| 18 | invalidate the amnesty period for that taxpayer. | ||||||
| 19 | The chief county assessment officer in a county with | ||||||
| 20 | 3,000,000 or more inhabitants shall (i) mail notice of the | ||||||
| 21 | amnesty period with the tax bills for the second installment of | ||||||
| 22 | taxes for the 2012 assessment year and (ii) as soon as possible | ||||||
| 23 | after the effective date of this amendatory Act of the 98th | ||||||
| 24 | General Assembly, publish notice of the amnesty period in a | ||||||
| 25 | newspaper of general circulation in the county. Notices shall | ||||||
| 26 | include information on the amnesty period, its purpose, and the | ||||||
| |||||||
| |||||||
| 1 | method in which to make payment. | ||||||
| 2 | Taxpayers who are a party to any criminal investigation or | ||||||
| 3 | to any civil or criminal litigation that is pending in any | ||||||
| 4 | circuit court or appellate court, or in the Supreme Court of | ||||||
| 5 | this State, for nonpayment, delinquency, or fraud in relation | ||||||
| 6 | to any property tax imposed by any taxing district located in | ||||||
| 7 | the State on the effective date of this amendatory Act of the | ||||||
| 8 | 98th General Assembly may not take advantage of the amnesty | ||||||
| 9 | period. | ||||||
| 10 | A taxpayer who has claimed 3 or more homestead exemptions | ||||||
| 11 | in error shall not be eligible for the amnesty period | ||||||
| 12 | established under this subsection.
| ||||||
| 13 | (Source: P.A. 98-93, eff. 7-16-13; revised 9-11-13.)
| ||||||
| 14 | (35 ILCS 200/15-170) | ||||||
| 15 | Sec. 15-170. Senior Citizens Homestead Exemption. An | ||||||
| 16 | annual homestead
exemption limited, except as described here | ||||||
| 17 | with relation to cooperatives or
life care facilities, to a
| ||||||
| 18 | maximum reduction set forth below from the property's value, as | ||||||
| 19 | equalized or
assessed by the Department, is granted for | ||||||
| 20 | property that is occupied as a
residence by a person 65 years | ||||||
| 21 | of age or older who is liable for paying real
estate taxes on | ||||||
| 22 | the property and is an owner of record of the property or has a
| ||||||
| 23 | legal or equitable interest therein as evidenced by a written | ||||||
| 24 | instrument,
except for a leasehold interest, other than a | ||||||
| 25 | leasehold interest of land on
which a single family residence | ||||||
| |||||||
| |||||||
| 1 | is located, which is occupied as a residence by
a person 65 | ||||||
| 2 | years or older who has an ownership interest therein, legal,
| ||||||
| 3 | equitable or as a lessee, and on which he or she is liable for | ||||||
| 4 | the payment
of property taxes. Before taxable year 2004, the | ||||||
| 5 | maximum reduction shall be $2,500 in counties with
3,000,000 or | ||||||
| 6 | more inhabitants and $2,000 in all other counties. For taxable | ||||||
| 7 | years 2004 through 2005, the maximum reduction shall be $3,000 | ||||||
| 8 | in all counties. For taxable years 2006 and 2007, the maximum | ||||||
| 9 | reduction shall be $3,500. For taxable years 2008 through 2011, | ||||||
| 10 | the maximum reduction is $4,000 in all counties.
For taxable | ||||||
| 11 | year 2012, the maximum reduction is $5,000 in counties with
| ||||||
| 12 | 3,000,000 or more inhabitants and $4,000 in all other counties. | ||||||
| 13 | For taxable years 2013 and thereafter, the maximum reduction is | ||||||
| 14 | $5,000 in all counties. | ||||||
| 15 | For land
improved with an apartment building owned and | ||||||
| 16 | operated as a cooperative, the maximum reduction from the value | ||||||
| 17 | of the property, as
equalized
by the Department, shall be | ||||||
| 18 | multiplied by the number of apartments or units
occupied by a | ||||||
| 19 | person 65 years of age or older who is liable, by contract with
| ||||||
| 20 | the owner or owners of record, for paying property taxes on the | ||||||
| 21 | property and
is an owner of record of a legal or equitable | ||||||
| 22 | interest in the cooperative
apartment building, other than a | ||||||
| 23 | leasehold interest. For land improved with
a life care | ||||||
| 24 | facility, the maximum reduction from the value of the property, | ||||||
| 25 | as
equalized by the Department, shall be multiplied by the | ||||||
| 26 | number of apartments or
units occupied by persons 65 years of | ||||||
| |||||||
| |||||||
| 1 | age or older, irrespective of any legal,
equitable, or | ||||||
| 2 | leasehold interest in the facility, who are liable, under a
| ||||||
| 3 | contract with the owner or owners of record of the facility, | ||||||
| 4 | for paying
property taxes on the property. In a
cooperative or | ||||||
| 5 | a life care facility where a
homestead exemption has been | ||||||
| 6 | granted, the cooperative association or the
management firm of | ||||||
| 7 | the cooperative or facility shall credit the savings
resulting | ||||||
| 8 | from that exemption only to
the apportioned tax liability of | ||||||
| 9 | the owner or resident who qualified for
the exemption.
Any | ||||||
| 10 | person who willfully refuses to so credit the savings shall be | ||||||
| 11 | guilty of a
Class B misdemeanor. Under this Section and | ||||||
| 12 | Sections 15-175, 15-176, and 15-177, "life care
facility" means | ||||||
| 13 | a facility, as defined in Section 2 of the Life Care Facilities
| ||||||
| 14 | Act, with which the applicant for the homestead exemption has a | ||||||
| 15 | life care
contract as defined in that Act. | ||||||
| 16 | When a homestead exemption has been granted under this | ||||||
| 17 | Section and the person
qualifying subsequently becomes a | ||||||
| 18 | resident of a facility licensed under the Assisted Living and | ||||||
| 19 | Shared Housing Act, the Nursing Home Care Act, the Specialized | ||||||
| 20 | Mental Health Rehabilitation Act of 2013, or the ID/DD | ||||||
| 21 | Community Care Act, the exemption shall continue so long as the | ||||||
| 22 | residence
continues to be occupied by the qualifying person's | ||||||
| 23 | spouse if the spouse is 65
years of age or older, or if the | ||||||
| 24 | residence remains unoccupied but is still
owned by the person | ||||||
| 25 | qualified for the homestead exemption. | ||||||
| 26 | A person who will be 65 years of age
during the current | ||||||
| |||||||
| |||||||
| 1 | assessment year
shall
be eligible to apply for the homestead | ||||||
| 2 | exemption during that assessment
year.
Application shall be | ||||||
| 3 | made during the application period in effect for the
county of | ||||||
| 4 | his residence. | ||||||
| 5 | Beginning with assessment year 2003, for taxes payable in | ||||||
| 6 | 2004,
property
that is first occupied as a residence after | ||||||
| 7 | January 1 of any assessment year by
a person who is eligible | ||||||
| 8 | for the senior citizens homestead exemption under this
Section | ||||||
| 9 | must be granted a pro-rata exemption for the assessment year. | ||||||
| 10 | The
amount of the pro-rata exemption is the exemption
allowed | ||||||
| 11 | in the county under this Section divided by 365 and multiplied | ||||||
| 12 | by the
number of days during the assessment year the property | ||||||
| 13 | is occupied as a
residence by a
person eligible for the | ||||||
| 14 | exemption under this Section. The chief county
assessment | ||||||
| 15 | officer must adopt reasonable procedures to establish | ||||||
| 16 | eligibility
for this pro-rata exemption. | ||||||
| 17 | The assessor or chief county assessment officer may | ||||||
| 18 | determine the eligibility
of a life care facility to receive | ||||||
| 19 | the benefits provided by this Section, by
affidavit, | ||||||
| 20 | application, visual inspection, questionnaire or other | ||||||
| 21 | reasonable
methods in order to insure that the tax savings | ||||||
| 22 | resulting from the exemption
are credited by the management | ||||||
| 23 | firm to the apportioned tax liability of each
qualifying | ||||||
| 24 | resident. The assessor may request reasonable proof that the
| ||||||
| 25 | management firm has so credited the exemption. | ||||||
| 26 | The chief county assessment officer of each county with | ||||||
| |||||||
| |||||||
| 1 | less than 3,000,000
inhabitants shall provide to each person | ||||||
| 2 | allowed a homestead exemption under
this Section a form to | ||||||
| 3 | designate any other person to receive a
duplicate of any notice | ||||||
| 4 | of delinquency in the payment of taxes assessed and
levied | ||||||
| 5 | under this Code on the property of the person receiving the | ||||||
| 6 | exemption.
The duplicate notice shall be in addition to the | ||||||
| 7 | notice required to be
provided to the person receiving the | ||||||
| 8 | exemption, and shall be given in the
manner required by this | ||||||
| 9 | Code. The person filing the request for the duplicate
notice | ||||||
| 10 | shall pay a fee of $5 to cover administrative costs to the | ||||||
| 11 | supervisor of
assessments, who shall then file the executed | ||||||
| 12 | designation with the county
collector. Notwithstanding any | ||||||
| 13 | other provision of this Code to the contrary,
the filing of | ||||||
| 14 | such an executed designation requires the county collector to
| ||||||
| 15 | provide duplicate notices as indicated by the designation. A | ||||||
| 16 | designation may
be rescinded by the person who executed such | ||||||
| 17 | designation at any time, in the
manner and form required by the | ||||||
| 18 | chief county assessment officer. | ||||||
| 19 | The assessor or chief county assessment officer may | ||||||
| 20 | determine the
eligibility of residential property to receive | ||||||
| 21 | the homestead exemption provided
by this Section by | ||||||
| 22 | application, visual inspection, questionnaire or other
| ||||||
| 23 | reasonable methods. The determination shall be made in | ||||||
| 24 | accordance with
guidelines established by the Department. | ||||||
| 25 | In counties with 3,000,000 or more inhabitants, beginning | ||||||
| 26 | in taxable year 2010, each taxpayer who has been granted an | ||||||
| |||||||
| |||||||
| 1 | exemption under this Section must reapply on an annual basis. | ||||||
| 2 | The chief county assessment officer shall mail the application | ||||||
| 3 | to the taxpayer. In counties with less than 3,000,000 | ||||||
| 4 | inhabitants, the county board may by
resolution provide that if | ||||||
| 5 | a person has been granted a homestead exemption
under this | ||||||
| 6 | Section, the person qualifying need not reapply for the | ||||||
| 7 | exemption. | ||||||
| 8 | In counties with less than 3,000,000 inhabitants, if the | ||||||
| 9 | assessor or chief
county assessment officer requires annual | ||||||
| 10 | application for verification of
eligibility for an exemption | ||||||
| 11 | once granted under this Section, the application
shall be | ||||||
| 12 | mailed to the taxpayer. | ||||||
| 13 | The assessor or chief county assessment officer shall | ||||||
| 14 | notify each person
who qualifies for an exemption under this | ||||||
| 15 | Section that the person may also
qualify for deferral of real | ||||||
| 16 | estate taxes under the Senior Citizens Real Estate
Tax Deferral | ||||||
| 17 | Act. The notice shall set forth the qualifications needed for
| ||||||
| 18 | deferral of real estate taxes, the address and telephone number | ||||||
| 19 | of
county collector, and a
statement that applications for | ||||||
| 20 | deferral of real estate taxes may be obtained
from the county | ||||||
| 21 | collector. | ||||||
| 22 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
| 23 | no
reimbursement by the State is required for the | ||||||
| 24 | implementation of any mandate
created by this Section. | ||||||
| 25 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 26 | eff. 7-13-12; 98-7, eff. 4-23-13; 98-104, eff. 7-22-13; revised | ||||||
| |||||||
| |||||||
| 1 | 8-12-13.)
| ||||||
| 2 | Section 200. The Illinois Hydraulic Fracturing Tax Act is | ||||||
| 3 | amended by changing Sections 2-15, 2-45, and 2-50 as follows:
| ||||||
| 4 | (35 ILCS 450/2-15)
| ||||||
| 5 | Sec. 2-15. Tax imposed. | ||||||
| 6 | (a) For oil and gas removed on or after July 1, 2013, there | ||||||
| 7 | is hereby imposed a tax upon the severance and production of | ||||||
| 8 | oil or gas from a well on a production unit in this State | ||||||
| 9 | permitted, or required to be permitted, under the Illinois | ||||||
| 10 | Hydraulic Fracturing Regulatory Act, for sale, transport, | ||||||
| 11 | storage, profit, or commercial use. The tax shall be applied | ||||||
| 12 | equally to all portions of the value of each barrel of oil | ||||||
| 13 | severed and subject to such tax and to the value of the gas | ||||||
| 14 | severed and subject to such tax. For a period of 24 months from | ||||||
| 15 | the month in which oil or gas was first produced from the well, | ||||||
| 16 | the rate of tax shall be 3% of the value of the oil or gas | ||||||
| 17 | severed from the earth or water in this State. Thereafter, the | ||||||
| 18 | rate of the tax shall be as follows: | ||||||
| 19 | (1) For oil: | ||||||
| 20 | (A) where the average daily production from the | ||||||
| 21 | well during the month is less than 25 barrels, 3% of | ||||||
| 22 | the value of the oil severed from the earth or water; | ||||||
| 23 | (B) where the average daily production from the | ||||||
| 24 | well during the month is 25 or more barrels but less | ||||||
| |||||||
| |||||||
| 1 | than 50 barrels, 4% of the value of the oil severed | ||||||
| 2 | from the earth or water; | ||||||
| 3 | (C) where the average daily production from the | ||||||
| 4 | well during the month is 50 or more barrels but less | ||||||
| 5 | than 100 barrels, 5% of the value of the oil severed | ||||||
| 6 | from the earth or water; or | ||||||
| 7 | (D) where the average daily production from the | ||||||
| 8 | well during the month is 100 or more barrels, 6% of the | ||||||
| 9 | value of the oil severed from the earth or water. | ||||||
| 10 | (2) For gas, 6% of the value of the gas severed from | ||||||
| 11 | the earth or water. | ||||||
| 12 | If a well is required to be permitted under the Illinois | ||||||
| 13 | Hydraulic Fracturing Regulatory Act, the tax imposed by this | ||||||
| 14 | Section applies, whether or not a permit was obtained. | ||||||
| 15 | (b) Oil produced from a well whose average daily production | ||||||
| 16 | is 15 barrels or less for the 12-month period immediately | ||||||
| 17 | preceding the production is exempt from the tax imposed by this | ||||||
| 18 | Act.
| ||||||
| 19 | (c) For the purposes of the tax imposed by this Act the | ||||||
| 20 | amount of oil produced shall be measured or determined, in the | ||||||
| 21 | case of oil, by tank tables, without deduction for overage or | ||||||
| 22 | losses in handling. Allowance for any reasonable and bona fide | ||||||
| 23 | deduction for basic sediment and water, and for correction of | ||||||
| 24 | temperature to 60 degrees Fahrenheit will be allowed. For the | ||||||
| 25 | purposes of the tax imposed by this Act the amount of gas | ||||||
| 26 | produced shall be measured or determined, by meter readings | ||||||
| |||||||
| |||||||
| 1 | showing 100% of the full volume expressed in cubic feet at a | ||||||
| 2 | standard base and flowing temperature of 60 degrees Fahrenheit, | ||||||
| 3 | and at the absolute pressure at which the gas is sold and | ||||||
| 4 | purchased. Correction shall be made for pressure according to | ||||||
| 5 | Boyle's law, and used for specific gravity according to the | ||||||
| 6 | gravity at which the gas is sold and purchased. | ||||||
| 7 | (d) The following severance and production of gas shall be | ||||||
| 8 | exempt from the tax imposed by this Act: gas injected into the | ||||||
| 9 | earth for the purpose of lifting oil, recycling, or | ||||||
| 10 | repressuring; gas used for fuel in connection with the | ||||||
| 11 | operation and development for, or production of, oil or gas in | ||||||
| 12 | the production unit where severed; and gas lawfully vented or | ||||||
| 13 | flared; gas inadvertently lost on the production unit by reason | ||||||
| 14 | of leaks, blowouts, or other accidental losses. | ||||||
| 15 | (e) All oil and gas removed from the premises where severed | ||||||
| 16 | is subject to the tax imposed by this Act unless exempt under | ||||||
| 17 | the terms of this Act.
| ||||||
| 18 | (f) The liability for the tax accrues at the time the oil | ||||||
| 19 | or gas is removed from the production unit.
| ||||||
| 20 | (Source: P.A. 98-22, eff. 6-17-13; revised 10-7-13.)
| ||||||
| 21 | (35 ILCS 450/2-45)
| ||||||
| 22 | Sec. 2-45. Purchaser's return and tax remittance. Each | ||||||
| 23 | purchaser shall make a return to the Department showing the | ||||||
| 24 | quantity of oil or gas purchased during the month for which the | ||||||
| 25 | return is filed, the price paid therefor therefore, total | ||||||
| |||||||
| |||||||
| 1 | value, the name and address of the operator or other person | ||||||
| 2 | from whom the same was purchased, a description of the | ||||||
| 3 | production unit in the manner prescribed by the Department from | ||||||
| 4 | which such oil or gas was severed and the amount of tax due | ||||||
| 5 | from each production unit for each calendar month. All taxes | ||||||
| 6 | due, or to be remitted, by the purchaser shall accompany this | ||||||
| 7 | return. The return shall be filed on or before the last day of | ||||||
| 8 | the month after the calendar month for which the return is | ||||||
| 9 | required. The Department shall forward the necessary | ||||||
| 10 | information to each Chief County Assessment Officer for the | ||||||
| 11 | administration and application of ad valorem real property | ||||||
| 12 | taxes at the county level. This information shall be forwarded | ||||||
| 13 | to the Chief County Assessment Officers in a yearly summary | ||||||
| 14 | before March 1 of the following calendar year. The Department | ||||||
| 15 | may require any additional report or information it may deem | ||||||
| 16 | necessary for the proper administration of this Act. | ||||||
| 17 | Such returns shall be filed electronically in the manner | ||||||
| 18 | prescribed by the Department. Purchasers shall make all | ||||||
| 19 | payments of that tax to the Department by electronic funds | ||||||
| 20 | transfer unless, as provided by rule, the Department grants an | ||||||
| 21 | exception upon petition of a purchaser. Purchasers' returns | ||||||
| 22 | must be accompanied by appropriate computer generated magnetic | ||||||
| 23 | media supporting schedule data in the format required by the | ||||||
| 24 | Department, unless, as provided by rule, the Department grants | ||||||
| 25 | an exception upon petition of a purchaser.
| ||||||
| 26 | (Source: P.A. 98-22, eff. 6-17-13; 98-23, eff. 6-17-13; revised | ||||||
| |||||||
| |||||||
| 1 | 10-7-13.)
| ||||||
| 2 | (35 ILCS 450/2-50)
| ||||||
| 3 | Sec. 2-50. Operator returns; payment of tax. | ||||||
| 4 | (a) If, on or after July 1, 2013, oil or gas is transported | ||||||
| 5 | off the production unit where severed by the operator, used on | ||||||
| 6 | the production unit where severed, or if the manufacture and | ||||||
| 7 | conversion of oil and gas into refined products occurs on the | ||||||
| 8 | production unit where severed, the operator is responsible for | ||||||
| 9 | remitting the tax imposed under subsection subsections (a) of | ||||||
| 10 | Section 2-15 15, on or before the last day of the month | ||||||
| 11 | following the end of the calendar month in which the oil and | ||||||
| 12 | gas is removed from the production unit, and such payment shall | ||||||
| 13 | be accompanied by a return to the Department showing the gross | ||||||
| 14 | quantity of oil or gas removed during the month for which the | ||||||
| 15 | return is filed, the price paid therefor therefore, and if no | ||||||
| 16 | price is paid therefor therefore, the value of the oil and gas, | ||||||
| 17 | a description of the production unit from which such oil or gas | ||||||
| 18 | was severed, and the amount of tax. The Department may require | ||||||
| 19 | any additional information it may deem necessary for the proper | ||||||
| 20 | administration of this Act. | ||||||
| 21 | (b) Operators shall file all returns electronically in the | ||||||
| 22 | manner prescribed by the Department unless, as provided by | ||||||
| 23 | rule, the Department grants an exception upon petition of an | ||||||
| 24 | operator. Operators shall make all payments of that tax to the | ||||||
| 25 | Department by electronic funds transfer unless, as provided by | ||||||
| |||||||
| |||||||
| 1 | rule, the Department grants an exception upon petition of an | ||||||
| 2 | operator. Operators' returns must be accompanied by | ||||||
| 3 | appropriate computer generated magnetic media supporting | ||||||
| 4 | schedule data in the format required by the Department, unless, | ||||||
| 5 | as provided by rule, the Department grants an exception upon | ||||||
| 6 | petition of a purchaser. | ||||||
| 7 | (c) Any operator who makes a monetary payment to a producer | ||||||
| 8 | for his or her portion of the value of products from a | ||||||
| 9 | production unit shall withhold from such payment the amount of | ||||||
| 10 | tax due from the producer. Any operator who pays any tax due | ||||||
| 11 | from a producer shall be entitled to reimbursement from the | ||||||
| 12 | producer for the tax so paid and may take credit for such | ||||||
| 13 | amount from any monetary payment to the producer for the value | ||||||
| 14 | of products. To the extent that an operator required to collect | ||||||
| 15 | the tax imposed by this Act has actually collected that tax, | ||||||
| 16 | such tax is held in trust for the benefit of the State of | ||||||
| 17 | Illinois. | ||||||
| 18 | (d) In the event the operator fails to make payment of the | ||||||
| 19 | tax to the State as required herein, the operator shall be | ||||||
| 20 | liable for the tax. A producer shall be entitled to bring an | ||||||
| 21 | action against such operator to recover the amount of tax so | ||||||
| 22 | withheld together with penalties and interest which may have | ||||||
| 23 | accrued by failure to make such payment. A producer shall be | ||||||
| 24 | entitled to all attorney fees and court costs incurred in such | ||||||
| 25 | action. To the extent that a producer liable for the tax | ||||||
| 26 | imposed by this Act collects the tax, and any penalties and | ||||||
| |||||||
| |||||||
| 1 | interest, from an operator, such tax, penalties, and interest | ||||||
| 2 | are held in trust by the producer for the benefit of the State | ||||||
| 3 | of Illinois. | ||||||
| 4 | (e) When the title to any oil or gas severed from the earth | ||||||
| 5 | or water is in dispute and the operator of such oil or gas is | ||||||
| 6 | withholding payments on account of litigation, or for any other | ||||||
| 7 | reason, such operator is hereby authorized, empowered and | ||||||
| 8 | required to deduct from the gross amount thus held the amount | ||||||
| 9 | of the tax imposed and to make remittance thereof to the | ||||||
| 10 | Department as provided in this Section. | ||||||
| 11 | (f) An operator required to file a return and pay the tax | ||||||
| 12 | under this Section shall register with the Department. | ||||||
| 13 | Application for a certificate of registration shall be made to | ||||||
| 14 | the Department upon forms furnished by the Department and shall | ||||||
| 15 | contain any reasonable information the Department may require. | ||||||
| 16 | Upon receipt of the application for a certificate of | ||||||
| 17 | registration in proper form, the Department shall issue to the | ||||||
| 18 | applicant a certificate of registration. | ||||||
| 19 | (g) If oil or gas is transported off the production unit | ||||||
| 20 | where severed by the operator and sold to a purchaser or | ||||||
| 21 | refiner, the State shall have a lien on all the oil or gas | ||||||
| 22 | severed from the production unit in this State in the hands of | ||||||
| 23 | the operator, the first or any subsequent purchaser thereof, or | ||||||
| 24 | refiner to secure the payment of the tax. If a lien is filed by | ||||||
| 25 | the Department, the purchaser or refiner shall withhold from | ||||||
| 26 | the operator the amount of tax, penalty and interest identified | ||||||
| |||||||
| |||||||
| 1 | in the lien.
| ||||||
| 2 | (Source: P.A. 98-22, eff. 6-17-13; revised 10-7-13.)
| ||||||
| 3 | Section 205. The Motor Fuel Tax Law is amended by changing | ||||||
| 4 | Sections 1 and 1.13A as follows:
| ||||||
| 5 | (35 ILCS 505/1) (from Ch. 120, par. 417)
| ||||||
| 6 | Sec. 1.
For the purposes of this Act the terms set out in | ||||||
| 7 | the Sections following this Section and preceding Section 2 | ||||||
| 8 | Sections 1.1
through 1.21 have the meanings ascribed to them in | ||||||
| 9 | those Sections.
| ||||||
| 10 | (Source: P.A. 86-16; 86-1028; revised 10-7-13.)
| ||||||
| 11 | (35 ILCS 505/1.13A) (from Ch. 120, par. 417.13A)
| ||||||
| 12 | Sec. 1.13A.
"1-K Kerosene" means a special low-sulfur grade | ||||||
| 13 | kerosene
suitable for use in non-flue connected kerosene burner | ||||||
| 14 | appliances, and in
wick-fed illuminate lamps which has a | ||||||
| 15 | maximum limit of .04% sulfur mass, and
a freezing point of -22 | ||||||
| 16 | degrees Fahrenheit, and has a minimum saybolt color of +16.
For | ||||||
| 17 | purposes of this Law, 1-K Kerosene includes 1-K Kerosene that | ||||||
| 18 | has been
dyed in accordance with Section 4d of this Law.
| ||||||
| 19 | (Source: P.A. 91-173, eff. 1-1-00; revised 11-12-13.)
| ||||||
| 20 | Section 210. The Water Company Invested Capital Tax Act is | ||||||
| 21 | amended by changing Section 14 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (35 ILCS 625/14) (from Ch. 120, par. 1424)
| ||||||
| 2 | Sec. 14.
The Illinois Administrative Procedure Act, as now | ||||||
| 3 | or hereafter
amended, is hereby expressly adopted and shall | ||||||
| 4 | apply to all administrative
rules and procedures of the | ||||||
| 5 | Department of Revenue under this Act, except that
(1) paragraph | ||||||
| 6 | (b) of Section 5-10 of the that Act does not apply to final
| ||||||
| 7 | orders, decisions and opinions of the Department; (2) | ||||||
| 8 | subparagraph 2 of
paragraph (a) of Section 5-10 of that Act | ||||||
| 9 | does not apply to forms established
by the Department for use | ||||||
| 10 | under this Act; and (3) the provisions of Section
10-45 of that | ||||||
| 11 | Act regarding proposals for decision are excluded and not
| ||||||
| 12 | applicable to the Department under this Act to the extent | ||||||
| 13 | Section 10-45 applies to hearings not otherwise subject to the | ||||||
| 14 | Illinois Independent Tax Tribunal Act of 2012.
| ||||||
| 15 | (Source: P.A. 97-1129, eff. 8-28-12; revised 10-17-13.)
| ||||||
| 16 | Section 215. The Electricity Infrastructure Maintenance | ||||||
| 17 | Fee Law is amended by changing Section 5-6 as follows:
| ||||||
| 18 | (35 ILCS 645/5-6)
| ||||||
| 19 | Sec. 5-6. Validity of existing franchise fees and | ||||||
| 20 | agreement; police
powers. | ||||||
| 21 | (a) On and after the effective date of this Law, no | ||||||
| 22 | electricity deliverer
paying an
infrastructure maintenance fee | ||||||
| 23 | imposed under this Law may be denied the right
to use, directly | ||||||
| 24 | or
indirectly, public rights of way because of the failure to | ||||||
| |||||||
| |||||||
| 1 | pay any other fee or
charge for the right to use those rights | ||||||
| 2 | of way except to the extent that the
electricity deliverer | ||||||
| 3 | during the Initial Period fails under any existing
franchise | ||||||
| 4 | agreement to pay franchise fees which are based on the gross | ||||||
| 5 | receipts
or gross revenues attributable
to non-residential | ||||||
| 6 | customers or to provide free electrical service or other
| ||||||
| 7 | compensation attributable to non-residential customers. A | ||||||
| 8 | municipality that
imposes an infrastructure
maintenance fee | ||||||
| 9 | pursuant to Section 5-5 shall impose no other fees or charges
| ||||||
| 10 | upon electricity
deliverers for such use except as provided by
| ||||||
| 11 | subsections (b) or (c) of this Section.
| ||||||
| 12 | (b) Agreements between electricity deliverers and | ||||||
| 13 | municipalities regarding
use of the
public way shall remain | ||||||
| 14 | valid according to and for their stated terms.
However, a | ||||||
| 15 | municipality
that, pursuant to a franchise agreement in | ||||||
| 16 | existence on the effective date of
this Law, receives any
| ||||||
| 17 | franchise fees, permit fees, free electrical service or other | ||||||
| 18 | compensation for
use of the public
rights of way, may impose an | ||||||
| 19 | infrastructure maintenance fee pursuant to this
Law only if the
| ||||||
| 20 | municipality: (1) waives its right to receive all compensation | ||||||
| 21 | from the
electricity deliverer for use of the public rights of | ||||||
| 22 | way during the time the
infrastructure maintenance fee is | ||||||
| 23 | imposed, except as provided in subsection
(c), and except that | ||||||
| 24 | during
the Initial Period any municipality may continue to | ||||||
| 25 | receive franchise fees,
free
electrical service or other | ||||||
| 26 | compensation from the electricity deliverer which
are equal in | ||||||
| |||||||
| |||||||
| 1 | value to the Initial Period Compensation;
and (2) provides | ||||||
| 2 | written notice of this waiver to
the appropriate
electricity | ||||||
| 3 | deliverer at the time that the municipality provides notice of | ||||||
| 4 | the
imposition of the
infrastructure maintenance fee under | ||||||
| 5 | subsection (d) of Section 5-5.
For purposes of this Section, | ||||||
| 6 | "Initial Period Compensation" shall mean the
total amount of | ||||||
| 7 | compensation due under the existing franchise agreement during
| ||||||
| 8 | the Initial Period less the amount of the infrastructure | ||||||
| 9 | maintenance fee
imposed under this Section during
the Initial | ||||||
| 10 | Period.
| ||||||
| 11 | (c) Nothing in this Law prohibits a municipality from the | ||||||
| 12 | reasonable
exercise of its police
powers over the public rights | ||||||
| 13 | of way. In addition, a municipality may require
an electricity
| ||||||
| 14 | deliverer to reimburse any special or extraordinary expenses or | ||||||
| 15 | costs
reasonably incurred by the
municipality as a direct | ||||||
| 16 | result of damages to its property or public rights of
way, such | ||||||
| 17 | as the costs
of restoration of streets damaged by an a | ||||||
| 18 | electricity deliverer that does not make
timely repair of the
| ||||||
| 19 | damage, or for the loss of revenue due to the inability to use | ||||||
| 20 | public
facilities as a direct result of
the actions of the | ||||||
| 21 | electricity deliverer, such as parking meters that are
required | ||||||
| 22 | to be removed
because of work of an electricity deliverer.
| ||||||
| 23 | (Source: P.A. 90-561, eff. 8-1-98; revised 10-17-13.)
| ||||||
| 24 | Section 220. The Illinois Pension Code is amended by | ||||||
| 25 | changing Sections 4-114, 8-138, 9-102, 11-134, and 13-809 as | ||||||
| |||||||
| |||||||
| 1 | follows:
| ||||||
| 2 | (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
| ||||||
| 3 | Sec. 4-114. Pension to survivors. If a firefighter who is | ||||||
| 4 | not receiving a
disability pension under Section 4-110 or | ||||||
| 5 | 4-110.1 dies (1) as a result of any
illness or accident, or (2) | ||||||
| 6 | from any cause while in receipt of a disability
pension under | ||||||
| 7 | this Article, or (3) during retirement after 20 years service, | ||||||
| 8 | or
(4) while vested for or in receipt of a pension payable | ||||||
| 9 | under subsection (b)
of Section 4-109, or (5) while a deferred | ||||||
| 10 | pensioner, having made all required
contributions, a pension | ||||||
| 11 | shall be paid to his or her survivors, based on the
monthly | ||||||
| 12 | salary attached to the firefighter's rank on the last day of | ||||||
| 13 | service
in the fire department, as follows:
| ||||||
| 14 | (a)(1) To the surviving spouse, a monthly pension of
| ||||||
| 15 | 40% of the monthly salary, and if there is a surviving | ||||||
| 16 | spouse, to the guardian of any minor child or
children | ||||||
| 17 | including a child which has been conceived but not yet | ||||||
| 18 | born, 12%
of such monthly salary for each such child until | ||||||
| 19 | attainment of age 18 or
until the child's marriage, | ||||||
| 20 | whichever occurs first. Beginning July 1,
1993, the monthly | ||||||
| 21 | pension to the surviving spouse shall be 54% of the
monthly | ||||||
| 22 | salary for all persons receiving a surviving spouse pension | ||||||
| 23 | under
this Article, regardless of whether the deceased | ||||||
| 24 | firefighter was in service
on or after the effective date | ||||||
| 25 | of this amendatory Act of 1993.
| ||||||
| |||||||
| |||||||
| 1 | (2) Beginning July 1, 2004, unless the amount provided | ||||||
| 2 | under paragraph (1) of this subsection (a) is greater, the | ||||||
| 3 | total monthly pension payable under
this paragraph (a), | ||||||
| 4 | including any amount payable on account of children, to the | ||||||
| 5 | surviving spouse of a firefighter who died (i) while
| ||||||
| 6 | receiving a retirement pension, (ii) while he or she was a | ||||||
| 7 | deferred pensioner with at least 20 years of creditable | ||||||
| 8 | service, or (iii) while he or she was in active service | ||||||
| 9 | having at least 20 years of creditable service, regardless | ||||||
| 10 | of age, shall be no less than 100% of the monthly | ||||||
| 11 | retirement pension earned by
the deceased firefighter at | ||||||
| 12 | the time of death, regardless of whether death occurs | ||||||
| 13 | before or after attainment of age 50, including any
| ||||||
| 14 | increases under Section 4-109.1. This minimum applies to | ||||||
| 15 | all such surviving
spouses who are eligible to receive a | ||||||
| 16 | surviving spouse pension, regardless of
whether the | ||||||
| 17 | deceased firefighter was in service on or after the | ||||||
| 18 | effective date
of this amendatory Act of the 93rd General | ||||||
| 19 | Assembly, and notwithstanding any
limitation on maximum | ||||||
| 20 | pension under paragraph (d) or any other provision of
this | ||||||
| 21 | Article.
| ||||||
| 22 | (3) If the pension paid on and after July 1, 2004 to | ||||||
| 23 | the surviving spouse of a firefighter who died on or after | ||||||
| 24 | July 1, 2004 and before the effective date of this | ||||||
| 25 | amendatory Act of the 93rd General Assembly was less than | ||||||
| 26 | the minimum pension payable under paragraph (1) or (2) of | ||||||
| |||||||
| |||||||
| 1 | this subsection (a), the fund shall pay a lump sum equal to | ||||||
| 2 | the difference within 90 days after the effective date of | ||||||
| 3 | this amendatory Act of the 93rd General Assembly.
| ||||||
| 4 | The pension to the surviving spouse shall terminate in | ||||||
| 5 | the event of the
surviving spouse's remarriage prior to | ||||||
| 6 | July 1, 1993; remarriage on or after
that date does not | ||||||
| 7 | affect the surviving spouse's pension, regardless of
| ||||||
| 8 | whether the deceased firefighter was in service on or after | ||||||
| 9 | the effective
date of this amendatory Act of 1993.
| ||||||
| 10 | The surviving spouse's pension shall be subject to the | ||||||
| 11 | minimum established
in Section 4-109.2.
| ||||||
| 12 | (b) Upon the death of the surviving spouse leaving one | ||||||
| 13 | or more minor
children, or upon the death of a firefighter | ||||||
| 14 | leaving one or more minor
children but no surviving spouse, | ||||||
| 15 | to the duly appointed guardian of each such child, for | ||||||
| 16 | support
and maintenance of each such child until the child | ||||||
| 17 | reaches age 18 or
marries, whichever occurs first, a | ||||||
| 18 | monthly pension of 20% of the monthly
salary.
| ||||||
| 19 | In a case where the deceased firefighter left one or | ||||||
| 20 | more minor children but no surviving spouse and the | ||||||
| 21 | guardian of a child is receiving a pension of 12% of the | ||||||
| 22 | monthly salary on August 16, 2013 (the effective date of | ||||||
| 23 | Public Act 98-391) this amendatory Act, the pension is | ||||||
| 24 | increased by Public Act 98-391 this amendatory Act to 20% | ||||||
| 25 | of the monthly salary for each such child, beginning on the | ||||||
| 26 | pension payment date occurring on or next following August | ||||||
| |||||||
| |||||||
| 1 | 16, 2013 the effective date of this amendatory Act. The | ||||||
| 2 | changes to this Section made by Public Act 98-391 this | ||||||
| 3 | amendatory Act of the 98th General Assembly apply without | ||||||
| 4 | regard to whether the deceased firefighter was in service
| ||||||
| 5 | on or after August 16, 2013 the effective date of this | ||||||
| 6 | amendatory Act. | ||||||
| 7 | (c) If a deceased firefighter leaves no surviving | ||||||
| 8 | spouse or unmarried
minor children under age 18, but leaves | ||||||
| 9 | a dependent father or mother, to
each dependent parent a | ||||||
| 10 | monthly pension of 18% of the monthly salary. To
qualify | ||||||
| 11 | for the pension, a dependent parent must furnish | ||||||
| 12 | satisfactory proof
that the deceased firefighter was at the | ||||||
| 13 | time of his or her death the sole
supporter of the parent | ||||||
| 14 | or that the parent was the deceased's dependent for
federal | ||||||
| 15 | income tax purposes.
| ||||||
| 16 | (d) The total pension provided under paragraphs (a), | ||||||
| 17 | (b) and (c) of this
Section shall not exceed 75% of the | ||||||
| 18 | monthly salary of the deceased firefighter
(1) when paid to | ||||||
| 19 | the survivor of a firefighter who has attained 20 or more
| ||||||
| 20 | years of service credit and who receives or is eligible to | ||||||
| 21 | receive a retirement
pension under this Article, or (2) | ||||||
| 22 | when paid to the survivor of a firefighter
who dies as a | ||||||
| 23 | result of illness or accident, or (3) when paid to the | ||||||
| 24 | survivor
of a firefighter who dies from any cause while in | ||||||
| 25 | receipt of a disability
pension under this Article, or (4) | ||||||
| 26 | when paid to the survivor of a deferred
pensioner. For all | ||||||
| |||||||
| |||||||
| 1 | other survivors of deceased firefighters, the total | ||||||
| 2 | pension
provided under paragraphs (a), (b) and (c) of this | ||||||
| 3 | Section shall not exceed 50%
of the retirement annuity the | ||||||
| 4 | firefighter would have received on the date of
death.
| ||||||
| 5 | The maximum pension limitations in this paragraph (d) | ||||||
| 6 | do not control
over any contrary provision of this Article | ||||||
| 7 | explicitly establishing a minimum
amount of pension or | ||||||
| 8 | granting a one-time or annual increase in pension.
| ||||||
| 9 | (e) If a firefighter leaves no eligible survivors under | ||||||
| 10 | paragraphs (a),
(b) and (c), the board shall refund to the | ||||||
| 11 | firefighter's estate the amount
of his or her accumulated | ||||||
| 12 | contributions, less the amount of pension
payments, if any, | ||||||
| 13 | made to the firefighter while living.
| ||||||
| 14 | (f) (Blank).
| ||||||
| 15 | (g) If a judgment of dissolution of marriage between a | ||||||
| 16 | firefighter and
spouse is judicially set aside subsequent | ||||||
| 17 | to the firefighter's death, the
surviving spouse is | ||||||
| 18 | eligible for the pension provided in paragraph (a) only
if | ||||||
| 19 | the judicial proceedings are filed within 2 years after the | ||||||
| 20 | date of the
dissolution of marriage and within one year | ||||||
| 21 | after the firefighter's death and
the board is made a party | ||||||
| 22 | to the proceedings. In such case the pension shall be
| ||||||
| 23 | payable only from the date of the court's order setting | ||||||
| 24 | aside the judgment of
dissolution of marriage.
| ||||||
| 25 | (h) Benefits payable on account of a child under this | ||||||
| 26 | Section shall
not be reduced or terminated by reason of the | ||||||
| |||||||
| |||||||
| 1 | child's attainment of age 18
if he or she is then dependent | ||||||
| 2 | by reason of a physical or mental disability
but shall | ||||||
| 3 | continue to be paid as long as such dependency continues.
| ||||||
| 4 | Individuals over the age of 18 and adjudged as a disabled | ||||||
| 5 | person pursuant
to Article XIa of the Probate Act of 1975, | ||||||
| 6 | except for persons receiving
benefits under Article III of | ||||||
| 7 | the Illinois Public Aid Code, shall be
eligible to receive | ||||||
| 8 | benefits under this Act.
| ||||||
| 9 | (i) Beginning January 1, 2000, the pension of the | ||||||
| 10 | surviving spouse of
a firefighter who dies on or after | ||||||
| 11 | January 1, 1994 as a result of sickness,
accident, or | ||||||
| 12 | injury incurred in or resulting from the performance of an | ||||||
| 13 | act of
duty or from the cumulative effects of acts of duty | ||||||
| 14 | shall not be less than 100%
of the salary attached to the | ||||||
| 15 | rank held by the deceased firefighter on the last
day of | ||||||
| 16 | service, notwithstanding subsection (d) or any other | ||||||
| 17 | provision of
this Article.
| ||||||
| 18 | (j) Beginning July 1, 2004, the pension of the | ||||||
| 19 | surviving spouse of
a firefighter who dies on or after | ||||||
| 20 | January 1, 1988 as a result of sickness,
accident, or | ||||||
| 21 | injury incurred in or resulting from the performance of an | ||||||
| 22 | act of
duty or from the cumulative effects of acts of duty | ||||||
| 23 | shall not be less than 100%
of the salary attached to the | ||||||
| 24 | rank held by the deceased firefighter on the last
day of | ||||||
| 25 | service, notwithstanding subsection (d) or any other | ||||||
| 26 | provision of
this Article.
| ||||||
| |||||||
| |||||||
| 1 | Notwithstanding any other provision of this Article, if a | ||||||
| 2 | person who first becomes a firefighter under this Article on or | ||||||
| 3 | after January 1, 2011 and who is not receiving a
disability | ||||||
| 4 | pension under Section 4-110 or 4-110.1 dies (1) as a result of | ||||||
| 5 | any
illness or accident, (2) from any cause while in receipt of | ||||||
| 6 | a disability
pension under this Article, (3) during retirement | ||||||
| 7 | after 20 years service, (4) while vested for or in receipt of a | ||||||
| 8 | pension payable under subsection (b)
of Section 4-109, or (5) | ||||||
| 9 | while a deferred pensioner, having made all required
| ||||||
| 10 | contributions, then a pension shall be paid to his or her | ||||||
| 11 | survivors in the amount of 66 2/3% of the firefighter's earned | ||||||
| 12 | pension at the date of death. Nothing in this Section shall act | ||||||
| 13 | to diminish the
survivor's benefits described in subsection (j) | ||||||
| 14 | of this Section. | ||||||
| 15 | Notwithstanding any other provision of this Article, the | ||||||
| 16 | monthly
pension of a survivor of a person who first becomes a | ||||||
| 17 | firefighter under this Article on or after January 1, 2011 | ||||||
| 18 | shall be increased on the January 1 after attainment of age 60 | ||||||
| 19 | by the recipient of the survivor's pension and
each January 1 | ||||||
| 20 | thereafter by 3% or one-half the annual unadjusted percentage | ||||||
| 21 | increase in the consumer price index-u for the
12 months ending | ||||||
| 22 | with the September preceding each November 1, whichever is | ||||||
| 23 | less, of the originally granted survivor's pension. If the | ||||||
| 24 | annual unadjusted percentage change in
the consumer price | ||||||
| 25 | index-u for a 12-month period ending in September is zero or, | ||||||
| 26 | when compared with the preceding period, decreases, then the | ||||||
| |||||||
| |||||||
| 1 | survivor's pension shall not
be increased. | ||||||
| 2 | For the purposes of this Section, "consumer price index-u" | ||||||
| 3 | means the index published by the Bureau of Labor Statistics of | ||||||
| 4 | the United States Department of Labor that measures the average | ||||||
| 5 | change in prices of goods and services purchased by all urban | ||||||
| 6 | consumers, United States city average, all items, 1982-84 = | ||||||
| 7 | 100. The new amount resulting from each annual adjustment shall | ||||||
| 8 | be determined by the Public Pension Division of the Department | ||||||
| 9 | of Insurance and made available to the boards of the pension | ||||||
| 10 | funds. | ||||||
| 11 | (Source: P.A. 98-391, eff. 8-16-13; revised 10-7-13.)
| ||||||
| 12 | (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
| ||||||
| 13 | Sec. 8-138. Minimum annuities - Additional provisions.
| ||||||
| 14 | (a) An employee who withdraws after age 65 or more with at | ||||||
| 15 | least 20
years of service, for whom the amount of age and | ||||||
| 16 | service and prior service
annuity combined is less than the | ||||||
| 17 | amount stated in this Section, shall
from the date of | ||||||
| 18 | withdrawal, instead of all annuities
otherwise provided, be | ||||||
| 19 | entitled to receive an annuity for life of $150 a
year, plus 1 | ||||||
| 20 | 1/2% for each year of service, to and including 20 years, and
1 | ||||||
| 21 | 2/3% for each year of service over 20 years, of his highest | ||||||
| 22 | average
annual salary for any 4 consecutive years within the | ||||||
| 23 | last 10 years of
service immediately preceding the date of | ||||||
| 24 | withdrawal.
| ||||||
| 25 | An employee who withdraws after 20 or more years of | ||||||
| |||||||
| |||||||
| 1 | service, before age
65, shall be entitled to such annuity, to | ||||||
| 2 | begin not earlier than upon
attained age of 55 years if under | ||||||
| 3 | such age at withdrawal, reduced by 2% for
each full year or | ||||||
| 4 | fractional part thereof that his attained age is less
than 65, | ||||||
| 5 | plus an additional 2% reduction for each full year or | ||||||
| 6 | fractional
part thereof that his attained age when annuity is | ||||||
| 7 | to begin is less than 60
so that the total reduction at age 55 | ||||||
| 8 | shall be 30%.
| ||||||
| 9 | (b) An employee who withdraws after July 1, 1957, at age 60 | ||||||
| 10 | or over,
with 20 or more years of service, for whom the age and | ||||||
| 11 | service and prior
service annuity combined, is less than the | ||||||
| 12 | amount stated in this paragraph,
shall, from the date of | ||||||
| 13 | withdrawal, instead of such annuities, be entitled
to receive | ||||||
| 14 | an annuity for life equal to 1 2/3% for each year of service, | ||||||
| 15 | of
the highest average annual salary for any 5 consecutive | ||||||
| 16 | years within the
last 10 years of service immediately preceding | ||||||
| 17 | the date of withdrawal;
provided, that in the case of any | ||||||
| 18 | employee who withdraws on or after July
1, 1971, such employee | ||||||
| 19 | age 60 or over with 20 or more years of service,
shall receive | ||||||
| 20 | an annuity for life equal to 1.67% for each of the
first 10 | ||||||
| 21 | years of service; 1.90% for each of the next 10 years of | ||||||
| 22 | service;
2.10% for each year of service in excess of 20 but not | ||||||
| 23 | exceeding 30; and
2.30% for each year of service in excess of | ||||||
| 24 | 30, based on the highest
average annual salary for any 4 | ||||||
| 25 | consecutive years within the last 10 years
of service | ||||||
| 26 | immediately preceding the date of withdrawal.
| ||||||
| |||||||
| |||||||
| 1 | An employee who withdraws after July 1, 1957 and before | ||||||
| 2 | January 1,
1988, with 20 or more years of service, before age | ||||||
| 3 | 60 years is entitled to
annuity, to begin not earlier than upon | ||||||
| 4 | attained age of 55 years, if under
such age at withdrawal, as | ||||||
| 5 | computed in the last preceding paragraph,
reduced 0.25% for | ||||||
| 6 | each full month or fractional part thereof that his
attained | ||||||
| 7 | age when annuity is to begin is less than 60 if the employee | ||||||
| 8 | was
born before January 1, 1936, or 0.5% for each such month if | ||||||
| 9 | the employee
was born on or after January 1, 1936.
| ||||||
| 10 | Any employee born before January 1, 1936, who withdraws | ||||||
| 11 | with 20 or more
years of service, and any employee with 20 or | ||||||
| 12 | more years of service who
withdraws on or after January 1, | ||||||
| 13 | 1988, may elect to receive, in lieu of any
other employee | ||||||
| 14 | annuity provided in this Section, an annuity for life equal
to | ||||||
| 15 | 1.80% for each of the first 10 years of service, 2.00% for each | ||||||
| 16 | of the
next 10 years of service, 2.20% for each year of service | ||||||
| 17 | in excess of 20
but not exceeding 30, and 2.40% for each year | ||||||
| 18 | of service in excess of 30,
of the highest average annual | ||||||
| 19 | salary for any 4 consecutive
years within the last 10 years of | ||||||
| 20 | service immediately preceding the date of
withdrawal, to begin | ||||||
| 21 | not earlier than upon attained age of 55 years, if
under such | ||||||
| 22 | age at withdrawal, reduced 0.25% for each full month or | ||||||
| 23 | fractional
part thereof that his attained age when annuity is | ||||||
| 24 | to begin is less than
60; except that an employee retiring on | ||||||
| 25 | or after January 1, 1988, at age
55 or over but less than age | ||||||
| 26 | 60, having at least 35 years of service,
or an employee | ||||||
| |||||||
| |||||||
| 1 | retiring on or after July 1, 1990, at age 55 or over but
less | ||||||
| 2 | than age 60, having at least 30 years of service,
or an | ||||||
| 3 | employee retiring on or after the effective date of this | ||||||
| 4 | amendatory
Act of 1997, at age 55 or over but less than age 60, | ||||||
| 5 | having at least 25 years
of service, shall not be subject to | ||||||
| 6 | the reduction in retirement annuity
because of retirement below | ||||||
| 7 | age 60.
| ||||||
| 8 | However, in the case of an employee who retired on or after | ||||||
| 9 | January 1,
1985 but before January 1, 1988, at age 55 or older | ||||||
| 10 | and with at least 35
years of service, and who was subject | ||||||
| 11 | under this subsection (b) to the
reduction in retirement | ||||||
| 12 | annuity because of retirement below age 60, that
reduction | ||||||
| 13 | shall cease to be effective January 1, 1991, and the retirement
| ||||||
| 14 | annuity shall be recalculated accordingly.
| ||||||
| 15 | Any employee who withdraws on or after July 1, 1990, with | ||||||
| 16 | 20 or more years of
service, may elect to receive, in lieu of | ||||||
| 17 | any other employee annuity provided
in this Section, an annuity | ||||||
| 18 | for life equal to 2.20% for each year of service
if withdrawal | ||||||
| 19 | is before January 1, 2002, or 2.40% for each year of
service if | ||||||
| 20 | withdrawal is on or after January 1, 2002,
of the highest | ||||||
| 21 | average annual salary for any 4 consecutive years within the
| ||||||
| 22 | last 10 years of service immediately preceding the date of | ||||||
| 23 | withdrawal, to begin
not earlier than upon attained
age of 55 | ||||||
| 24 | years, if under such age at withdrawal, reduced 0.25% for each
| ||||||
| 25 | full month or fractional part thereof that his attained age | ||||||
| 26 | when annuity is
to begin is less than 60; except that an | ||||||
| |||||||
| |||||||
| 1 | employee retiring at age 55 or
over but less than age 60, | ||||||
| 2 | having at least 30 years of service, shall not
be subject to | ||||||
| 3 | the reduction in retirement annuity because of retirement below
| ||||||
| 4 | age 60.
| ||||||
| 5 | Any employee who withdraws on or after the effective date | ||||||
| 6 | of this
amendatory Act of 1997 with 20 or more years of service | ||||||
| 7 | may elect to receive,
in lieu of any other employee annuity | ||||||
| 8 | provided in this Section, an annuity for
life equal to 2.20% | ||||||
| 9 | for each year of service, if withdrawal is before
January 1, | ||||||
| 10 | 2002, or 2.40% for each year of service if withdrawal is
on or
| ||||||
| 11 | after January 1, 2002, of the highest average annual
salary for | ||||||
| 12 | any 4 consecutive years within the last 10 years of service
| ||||||
| 13 | immediately preceding the date of withdrawal, to begin not | ||||||
| 14 | earlier than upon
attainment of age 55 (age 50 if the employee | ||||||
| 15 | has at least 30 years of service),
reduced 0.25% for each full | ||||||
| 16 | month or remaining fractional part thereof that the
employee's | ||||||
| 17 | attained age when annuity is to begin is less than 60; except | ||||||
| 18 | that
an employee retiring at age 50 or over with at least 30 | ||||||
| 19 | years of service or at
age 55 or over with at least 25 years of | ||||||
| 20 | service shall not be subject to the
reduction in retirement | ||||||
| 21 | annuity because of retirement below age 60.
| ||||||
| 22 | The maximum annuity payable under part (a) and (b) of this | ||||||
| 23 | Section shall
not exceed 70% of highest average annual salary | ||||||
| 24 | in the case of an employee
who withdraws prior to July 1, 1971, | ||||||
| 25 | 75% if withdrawal takes place on
or after July 1, 1971 and | ||||||
| 26 | prior to January 1, 2002, or 80% if
withdrawal
takes place on | ||||||
| |||||||
| |||||||
| 1 | or after January 1, 2002. For the
purpose of the minimum
| ||||||
| 2 | annuity provided in this Section $1,500 is considered the | ||||||
| 3 | minimum annual
salary for any year; and the maximum annual | ||||||
| 4 | salary for the computation of such
annuity is $4,800 for any | ||||||
| 5 | year before 1953, $6000 for the years 1953 to 1956,
inclusive, | ||||||
| 6 | and the actual annual salary, as salary is defined in this | ||||||
| 7 | Article,
for any year thereafter.
| ||||||
| 8 | To preserve rights existing on December 31, 1959, for | ||||||
| 9 | participants and
contributors on that date to the fund created | ||||||
| 10 | by the Court and Law
Department Employees' Annuity Act, who | ||||||
| 11 | became participants in the fund
provided for on January 1, | ||||||
| 12 | 1960, the maximum annual salary to be considered
for such | ||||||
| 13 | persons for the years 1955 and 1956 is $7,500.
| ||||||
| 14 | (c) For an employee receiving disability benefit, his | ||||||
| 15 | salary for annuity
purposes under paragraphs (a) and (b) of | ||||||
| 16 | this Section, for all periods of
disability benefit subsequent | ||||||
| 17 | to the year 1956, is the amount on which his
disability benefit | ||||||
| 18 | was based.
| ||||||
| 19 | (d) An employee with 20 or more years of service, whose | ||||||
| 20 | entire disability
benefit credit period expires before
| ||||||
| 21 | attainment of age 55 while still disabled for service, is | ||||||
| 22 | entitled upon
withdrawal to the larger of (1) the minimum | ||||||
| 23 | annuity provided above, assuming he
is then age 55, and | ||||||
| 24 | reducing such annuity to its actuarial equivalent as of his
| ||||||
| 25 | attained age on such date or (2) the annuity provided from his | ||||||
| 26 | age and service
and prior service annuity credits.
| ||||||
| |||||||
| |||||||
| 1 | (e) The minimum annuity provisions do not apply to any | ||||||
| 2 | former municipal
employee receiving an annuity from the fund | ||||||
| 3 | who re-enters service as a
municipal employee, unless he | ||||||
| 4 | renders at least 3 years of additional
service after the date | ||||||
| 5 | of re-entry.
| ||||||
| 6 | (f) An employee in service on July 1, 1947, or who became a | ||||||
| 7 | contributor
after July 1, 1947 and before attainment of age 70, | ||||||
| 8 | who withdraws after age
65, with less than 20 years of service | ||||||
| 9 | for whom the annuity has been fixed
under this Article shall, | ||||||
| 10 | instead of the annuity so fixed, receive an
annuity as follows:
| ||||||
| 11 | Such amount as he could have received had the accumulated | ||||||
| 12 | amounts for
annuity been improved with interest at the | ||||||
| 13 | effective rate to the date of
his withdrawal, or to attainment | ||||||
| 14 | of age 70, whichever is earlier, and had
the city contributed | ||||||
| 15 | to such earlier date for age and service annuity the
amount | ||||||
| 16 | that it would have contributed had he been under age 65, after | ||||||
| 17 | the
date his annuity was fixed in accordance with this Article, | ||||||
| 18 | and assuming
his annuity were computed from such accumulations | ||||||
| 19 | as of his age on such
earlier date. The annuity so computed | ||||||
| 20 | shall not exceed the annuity which
would be payable under the | ||||||
| 21 | other provisions of this Section if the employee
was credited | ||||||
| 22 | with 20 years of service and would qualify for annuity | ||||||
| 23 | thereunder.
| ||||||
| 24 | (g) Instead of the annuity provided in this Article, an | ||||||
| 25 | employee having
attained age 65 with at least 15 years of | ||||||
| 26 | service who withdraws from
service on or after July 1, 1971 and | ||||||
| |||||||
| |||||||
| 1 | whose annuity computed under other
provisions of this Article | ||||||
| 2 | is less than the amount provided under this
paragraph, is | ||||||
| 3 | entitled to a minimum annuity for life equal to 1% of the
| ||||||
| 4 | highest average annual salary, as salary is defined and limited | ||||||
| 5 | in this
Section for any 4 consecutive years within the last 10 | ||||||
| 6 | years of service for
each year of service, plus the sum of $25 | ||||||
| 7 | for each year of service. The
annuity shall not exceed 60% of | ||||||
| 8 | such highest average annual salary.
| ||||||
| 9 | (g-1) Instead of any other retirement annuity provided in | ||||||
| 10 | this Article,
an employee who has at least 10 years of service | ||||||
| 11 | and withdraws from service
on or after January 1, 1999 may | ||||||
| 12 | elect to receive a retirement annuity for
life, beginning no | ||||||
| 13 | earlier than upon attainment of age 60, equal to 2.2%
if | ||||||
| 14 | withdrawal is before January 1, 2002, or 2.4% if withdrawal is | ||||||
| 15 | on
or after January 1, 2002, of final average salary for each
| ||||||
| 16 | year of service,
subject to a maximum of 75% of final average | ||||||
| 17 | salary if withdrawal is before
January 1, 2002, or 80% if | ||||||
| 18 | withdrawal is on or after January 1, 2002. For
the purpose of | ||||||
| 19 | calculating this annuity, "final average salary" means the
| ||||||
| 20 | highest average annual salary for any 4 consecutive years in | ||||||
| 21 | the last 10 years
of service. Notwithstanding Nothwithstanding | ||||||
| 22 | any provision of this subsection to the contrary, the "final | ||||||
| 23 | average salary" for a participant that received credit under | ||||||
| 24 | subsection (c) of Section 8-226 means the highest average | ||||||
| 25 | salary for any 4 consecutive years (or any 8 consecutive years | ||||||
| 26 | if the employee first became a participant on or after January | ||||||
| |||||||
| |||||||
| 1 | 1, 2011) in the 10 years immediately prior to the leave of | ||||||
| 2 | absence, and adding to that highest average salary, the product | ||||||
| 3 | of (i) that highest average salary, (ii) the average percentage | ||||||
| 4 | increase in the Consumer Price Index during each 12-month | ||||||
| 5 | calendar year for the calendar years during the participant's | ||||||
| 6 | leave of absence, and (iii) the length of the leave of absence | ||||||
| 7 | in years, provided that this shall not exceed the participant's | ||||||
| 8 | salary at the local labor organization. For purposes of this | ||||||
| 9 | Section, the Consumer Price Index is the Consumer Price Index | ||||||
| 10 | for All Urban Consumers for all items published by the United | ||||||
| 11 | States Department of Labor.
| ||||||
| 12 | (h) The minimum annuities provided under this Section shall | ||||||
| 13 | be paid in
equal monthly installments.
| ||||||
| 14 | (i) The amendatory provisions of part (b) and (g) of this | ||||||
| 15 | Section shall
be effective July 1, 1971 and apply in the case | ||||||
| 16 | of every qualifying
employee withdrawing on or after July 1, | ||||||
| 17 | 1971.
| ||||||
| 18 | (j) The amendatory provisions of this amendatory Act of | ||||||
| 19 | 1985 (P.A.
84-23) relating to the discount of annuity because | ||||||
| 20 | of retirement prior to
attainment of age 60, and to the | ||||||
| 21 | retirement formula, for those born before
January 1, 1936, | ||||||
| 22 | shall apply only to qualifying employees withdrawing on or
| ||||||
| 23 | after July 18, 1985.
| ||||||
| 24 | (j-1) The changes made to this Section by Public Act 92-609 | ||||||
| 25 | (increasing the retirement
formula to 2.4% per year of service | ||||||
| 26 | and increasing the maximum to 80%) apply
to persons who | ||||||
| |||||||
| |||||||
| 1 | withdraw from service on or after January 1, 2002, regardless
| ||||||
| 2 | of whether that withdrawal takes place before the effective | ||||||
| 3 | date of that Act. In the case of a person who withdraws from | ||||||
| 4 | service
on or after January 1, 2002 but begins to receive a | ||||||
| 5 | retirement annuity before
July 1, 2002, the annuity
shall be | ||||||
| 6 | recalculated, with the increase resulting from Public Act | ||||||
| 7 | 92-609
accruing from the date the retirement annuity
began. The | ||||||
| 8 | changes made by Public Act 92-609 control over the changes made
| ||||||
| 9 | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
| ||||||
| 10 | (k) Beginning on January 1, 1999, the minimum amount of | ||||||
| 11 | employee's annuity
shall be $850 per month for life for the | ||||||
| 12 | following classes of employees,
without regard to the fact that | ||||||
| 13 | withdrawal occurred prior to the effective date
of this | ||||||
| 14 | amendatory Act of 1998:
| ||||||
| 15 | (1) any employee annuitant alive and receiving a life | ||||||
| 16 | annuity on
the effective date of this amendatory Act of | ||||||
| 17 | 1998,
except a reciprocal annuity;
| ||||||
| 18 | (2) any employee annuitant alive and receiving a term | ||||||
| 19 | annuity on
the effective date of this amendatory Act of | ||||||
| 20 | 1998,
except a reciprocal annuity;
| ||||||
| 21 | (3) any employee annuitant alive and receiving a | ||||||
| 22 | reciprocal annuity on
the effective date of this amendatory | ||||||
| 23 | Act of 1998,
whose service in this fund is at least 5 | ||||||
| 24 | years;
| ||||||
| 25 | (4) any employee annuitant withdrawing after age 60 on | ||||||
| 26 | or after
the effective date of this amendatory Act of 1998,
| ||||||
| |||||||
| |||||||
| 1 | with at least 10 years of service in this fund.
| ||||||
| 2 | The increases granted under items (1), (2) and (3) of this | ||||||
| 3 | subsection (k)
shall not be limited by any other Section of | ||||||
| 4 | this Act.
| ||||||
| 5 | (Source: P.A. 97-651, eff. 1-5-12; revised 9-16-13.)
| ||||||
| 6 | (40 ILCS 5/9-102) (from Ch. 108 1/2, par. 9-102)
| ||||||
| 7 | Sec. 9-102. Terms defined. The terms used in this Article | ||||||
| 8 | have the meanings ascribed to them in the Sections following | ||||||
| 9 | this Section and preceding Section 9-120
Sections 9-103 to | ||||||
| 10 | 9-119, inclusive, except when the context otherwise
requires.
| ||||||
| 11 | (Source: Laws 1963, p. 161; revised 11-13-13.)
| ||||||
| 12 | (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
| ||||||
| 13 | Sec. 11-134. Minimum annuities.
| ||||||
| 14 | (a) An employee whose withdrawal occurs after July 1, 1957 | ||||||
| 15 | at age 60 or
over, with 20 or more years of service, (as | ||||||
| 16 | service is defined or computed
in Section 11-216), for whom the | ||||||
| 17 | age and service and prior service annuity
combined is less than | ||||||
| 18 | the amount stated in this Section, shall, from and
after the | ||||||
| 19 | date of withdrawal, in lieu of all annuities otherwise provided
| ||||||
| 20 | in this Article, be entitled to receive an annuity for life of | ||||||
| 21 | an amount
equal to 1 2/3% for each year of service, of the | ||||||
| 22 | highest average annual
salary for any 5 consecutive years | ||||||
| 23 | within the last 10 years of service
immediately preceding the | ||||||
| 24 | date of withdrawal; provided, that in the case of
any employee | ||||||
| |||||||
| |||||||
| 1 | who withdraws on or after July 1, 1971, such employee age 60
or | ||||||
| 2 | over with 20 or more years of service, shall be entitled to | ||||||
| 3 | instead
receive an annuity for life equal to 1.67% for each of | ||||||
| 4 | the first 10 years
of service; 1.90% for each of the next 10 | ||||||
| 5 | years of service; 2.10% for each
year of service in excess of | ||||||
| 6 | 20 but not exceeding 30; and 2.30% for each
year of service in | ||||||
| 7 | excess of 30, based on the highest average annual salary
for | ||||||
| 8 | any 4 consecutive years within the last 10 years of service | ||||||
| 9 | immediately
preceding the date of withdrawal.
| ||||||
| 10 | An employee who withdraws after July 1, 1957 and before | ||||||
| 11 | January 1,
1988, with 20 or more years of service, before age | ||||||
| 12 | 60, shall be entitled to
an annuity, to begin not earlier than | ||||||
| 13 | age 55, if under such age at
withdrawal, as computed in the | ||||||
| 14 | last preceding paragraph, reduced 0.25% if
the employee was | ||||||
| 15 | born before January 1, 1936, or 0.5% if the employee was
born | ||||||
| 16 | on or after January 1, 1936, for each full month or fractional | ||||||
| 17 | part
thereof that his attained age when such annuity is to | ||||||
| 18 | begin is less than 60.
| ||||||
| 19 | Any employee born before January 1, 1936 who withdraws
with | ||||||
| 20 | 20 or more years of service, and any employee with 20 or more | ||||||
| 21 | years of
service who withdraws on or after January 1, 1988, may | ||||||
| 22 | elect to receive, in
lieu of any other employee
annuity | ||||||
| 23 | provided in this Section, an annuity for life equal to 1.80% | ||||||
| 24 | for
each of the first 10 years of service, 2.00% for each of | ||||||
| 25 | the next 10 years
of service, 2.20% for each year of service in | ||||||
| 26 | excess of 20, but not
exceeding 30, and 2.40% for each year of | ||||||
| |||||||
| |||||||
| 1 | service in excess of 30,
of the highest average annual salary | ||||||
| 2 | for any 4
consecutive years within the last 10 years of service | ||||||
| 3 | immediately preceding
the date of withdrawal, to begin not | ||||||
| 4 | earlier than upon attained age of 55
years, if under such age | ||||||
| 5 | at withdrawal, reduced 0.25% for each full month
or fractional | ||||||
| 6 | part thereof that his attained age when annuity is to begin
is | ||||||
| 7 | less than 60; except that an employee retiring on or after | ||||||
| 8 | January 1,
1988, at age 55 or over but less than age 60, having | ||||||
| 9 | at least 35 years of
service, or an employee retiring on or | ||||||
| 10 | after July 1, 1990, at age 55
or over but less than age 60, | ||||||
| 11 | having at least 30 years of service,
or an employee retiring on | ||||||
| 12 | or after the effective date of this amendatory Act
of 1997, at | ||||||
| 13 | age 55 or over but less than age 60, having at least 25 years of
| ||||||
| 14 | service, shall not be subject to the reduction in retirement | ||||||
| 15 | annuity because
of retirement below age 60.
| ||||||
| 16 | However, in the case of an employee who retired on or after | ||||||
| 17 | January 1,
1985 but before January 1, 1988, at age 55 or older | ||||||
| 18 | and with at least 35
years of service, and who was subject | ||||||
| 19 | under this subsection (a) to the
reduction in retirement | ||||||
| 20 | annuity because of retirement below age 60, that
reduction | ||||||
| 21 | shall cease to be effective January 1, 1991, and the retirement
| ||||||
| 22 | annuity shall be recalculated accordingly.
| ||||||
| 23 | Any employee who withdraws on or after July 1, 1990, with | ||||||
| 24 | 20 or more
years of service, may elect to receive, in lieu of | ||||||
| 25 | any other employee
annuity provided in this Section, an annuity | ||||||
| 26 | for life equal to 2.20% for
each year of service if withdrawal | ||||||
| |||||||
| |||||||
| 1 | is before January 1, 2002, or
2.40% for each year of service if | ||||||
| 2 | withdrawal is on or after January 1,
2002, of the highest | ||||||
| 3 | average annual salary for any 4
consecutive years within the | ||||||
| 4 | last 10 years of service immediately preceding
the date of | ||||||
| 5 | withdrawal, to begin not earlier than upon attained age of 55
| ||||||
| 6 | years, if under such age at withdrawal, reduced 0.25% for each | ||||||
| 7 | full month
or fractional part thereof that his attained age | ||||||
| 8 | when annuity is to begin
is less than 60; except that an | ||||||
| 9 | employee retiring at age 55 or over but
less than age 60, | ||||||
| 10 | having at least 30 years of service, shall not be subject
to | ||||||
| 11 | the reduction in retirement annuity because of retirement below | ||||||
| 12 | age 60.
| ||||||
| 13 | Any employee who withdraws on or after the effective date | ||||||
| 14 | of this
amendatory Act of 1997 with 20 or more years of service | ||||||
| 15 | may elect to receive,
in lieu of any other employee annuity | ||||||
| 16 | provided in this Section, an annuity for
life equal to 2.20% | ||||||
| 17 | for each year of service if withdrawal is before
January 1, | ||||||
| 18 | 2002, or 2.40% for each year of service if withdrawal is
on or
| ||||||
| 19 | after January 1, 2002, of the
highest average annual
salary for | ||||||
| 20 | any 4 consecutive years within the last 10 years of service
| ||||||
| 21 | immediately preceding the date of withdrawal, to begin not | ||||||
| 22 | earlier than upon
attainment of age 55 (age 50 if the employee | ||||||
| 23 | has at least 30 years of service),
reduced 0.25% for each full | ||||||
| 24 | month or remaining fractional part thereof that the
employee's | ||||||
| 25 | attained age when annuity is to begin is less than 60; except | ||||||
| 26 | that
an employee retiring at age 50 or over with at least 30 | ||||||
| |||||||
| |||||||
| 1 | years of service or at
age 55 or over with at least 25 years of | ||||||
| 2 | service shall not be subject to the
reduction in retirement | ||||||
| 3 | annuity because of retirement below age 60.
| ||||||
| 4 | The maximum annuity payable under this paragraph (a) of | ||||||
| 5 | this Section
shall not exceed 70% of highest average annual | ||||||
| 6 | salary in the case of an
employee who withdraws prior to July | ||||||
| 7 | 1, 1971, 75% if withdrawal takes place on
or after July 1, 1971 | ||||||
| 8 | and prior to January 1, 2002, or 80% if
withdrawal
is on or | ||||||
| 9 | after January 1, 2002. For the purpose of the
minimum annuity
| ||||||
| 10 | provided in said paragraphs $1,500 shall be considered the | ||||||
| 11 | minimum annual
salary for any year; and the maximum annual | ||||||
| 12 | salary to be considered for the
computation of such annuity | ||||||
| 13 | shall be $4,800 for any year prior to 1953,
$6,000 for the | ||||||
| 14 | years 1953 to 1956, inclusive, and the actual annual salary,
as | ||||||
| 15 | salary is defined in this Article, for any year thereafter.
| ||||||
| 16 | (b) For an employee receiving disability benefit, his | ||||||
| 17 | salary for annuity
purposes under this Section shall, for all | ||||||
| 18 | periods of disability benefit
subsequent to the year 1956, be | ||||||
| 19 | the amount on which his disability benefit
was based.
| ||||||
| 20 | (c) An employee with 20 or more years of service, whose | ||||||
| 21 | entire
disability benefit credit period expires prior to | ||||||
| 22 | attainment of age 55
while still disabled for service, shall be | ||||||
| 23 | entitled upon withdrawal to the
larger of (1) the minimum | ||||||
| 24 | annuity provided above assuming that he is then
age 55, and | ||||||
| 25 | reducing such annuity to its actuarial equivalent at his
| ||||||
| 26 | attained age on such date, or (2) the annuity provided from his | ||||||
| |||||||
| |||||||
| 1 | age and
service and prior service annuity credits.
| ||||||
| 2 | (d) The minimum annuity provisions as aforesaid shall not | ||||||
| 3 | apply to any
former employee receiving an annuity from the | ||||||
| 4 | fund, and who re-enters
service as an employee, unless he | ||||||
| 5 | renders at least 3 years of additional
service after the date | ||||||
| 6 | of re-entry.
| ||||||
| 7 | (e) An employee in service on July 1, 1947, or who became a | ||||||
| 8 | contributor
after July 1, 1947 and prior to July 1, 1950, or | ||||||
| 9 | who shall become a
contributor to the fund after July 1, 1950 | ||||||
| 10 | prior to attainment of age 70,
who withdraws after age 65 with | ||||||
| 11 | less than 20 years of service, for whom the
annuity has been | ||||||
| 12 | fixed under the foregoing Sections of this Article shall,
in | ||||||
| 13 | lieu of the annuity so fixed, receive an annuity as follows:
| ||||||
| 14 | Such amount as he could have received had the accumulated | ||||||
| 15 | amounts for
annuity been improved with interest at the | ||||||
| 16 | effective rate to the date of
his withdrawal, or to attainment | ||||||
| 17 | of age 70, whichever is earlier, and had
the city contributed | ||||||
| 18 | to such earlier date for age and service annuity the
amount | ||||||
| 19 | that would have been contributed had he been under age 65, | ||||||
| 20 | after the
date his annuity was fixed in accordance with this | ||||||
| 21 | Article, and assuming
his annuity were computed from such | ||||||
| 22 | accumulations as of his age on such
earlier date. The annuity | ||||||
| 23 | so computed shall not exceed the annuity which
would be payable | ||||||
| 24 | under the other provisions of this Section if the employee
was | ||||||
| 25 | credited with 20 years of service and would qualify for annuity
| ||||||
| 26 | thereunder.
| ||||||
| |||||||
| |||||||
| 1 | (f) In lieu of the annuity provided in this or in any other | ||||||
| 2 | Section of
this Article, an employee having attained age 65 | ||||||
| 3 | with at least 15 years of
service who withdraws from service on | ||||||
| 4 | or after July 1, 1971 and whose
annuity computed under other | ||||||
| 5 | provisions of this Article is less than the
amount provided | ||||||
| 6 | under this paragraph shall be entitled to receive a minimum
| ||||||
| 7 | annual annuity for life equal to 1% of the highest average | ||||||
| 8 | annual salary
for any 4 consecutive years within the last 10 | ||||||
| 9 | years of service immediately
preceding retirement for each year | ||||||
| 10 | of his service plus the sum of $25 for
each year of service. | ||||||
| 11 | Such annual annuity shall not exceed the maximum
percentages | ||||||
| 12 | stated under paragraph (a) of this Section of such highest
| ||||||
| 13 | average annual salary.
| ||||||
| 14 | (f-1) Instead of any other retirement annuity provided in | ||||||
| 15 | this Article,
an employee who has at least 10 years of service | ||||||
| 16 | and withdraws from service
on or after January 1, 1999 may | ||||||
| 17 | elect to receive a retirement annuity for
life, beginning no | ||||||
| 18 | earlier than upon attainment of age 60, equal to 2.2%
if | ||||||
| 19 | withdrawal is before January 1, 2002, or 2.4% for each year of
| ||||||
| 20 | service if
withdrawal is on or after January 1, 2002, of final
| ||||||
| 21 | average salary for
each
year of service, subject to a maximum | ||||||
| 22 | of 75% of final average salary
if withdrawal is before January | ||||||
| 23 | 1, 2002, or 80% if withdrawal is on
or after
January 1, 2002. | ||||||
| 24 | For the purpose of calculating this
annuity, "final average
| ||||||
| 25 | salary" means the highest average annual salary for any 4 | ||||||
| 26 | consecutive years
in the last 10 years of service. | ||||||
| |||||||
| |||||||
| 1 | Notwithstanding Nothwithstanding any provision of this | ||||||
| 2 | subsection to the contrary, the "final average salary" for a | ||||||
| 3 | participant that received credit under item (3) of subsection | ||||||
| 4 | (c) of Section 11-215 means the highest average salary for any | ||||||
| 5 | 4 consecutive years (or any 8 consecutive years if the employee | ||||||
| 6 | first became a participant on or after January 1, 2011) in the | ||||||
| 7 | 10 years immediately prior to the leave of absence, and adding | ||||||
| 8 | to that highest average salary, the product of (i) that highest | ||||||
| 9 | average salary, (ii) the average percentage increase in the | ||||||
| 10 | Consumer Price Index during each 12-month calendar year for the | ||||||
| 11 | calendar years during the participant's leave of absence, and | ||||||
| 12 | (iii) the length of the leave of absence in years, provided | ||||||
| 13 | that this shall not exceed the participant's salary at the | ||||||
| 14 | local labor organization. For purposes of this Section, the | ||||||
| 15 | Consumer Price Index is the Consumer Price Index for All Urban | ||||||
| 16 | Consumers for all items published by the United States | ||||||
| 17 | Department of Labor.
| ||||||
| 18 | (g) Any annuity payable under the preceding subsections of | ||||||
| 19 | this Section
11-134 shall be paid in equal monthly | ||||||
| 20 | installments.
| ||||||
| 21 | (h) The amendatory provisions of part (a) and (f) of this | ||||||
| 22 | Section shall
be effective July 1, 1971 and apply in the case | ||||||
| 23 | of every qualifying
employee withdrawing on or after July 1, | ||||||
| 24 | 1971.
| ||||||
| 25 | (h-1) The changes made to this Section by Public Act 92-609 | ||||||
| 26 | (increasing the retirement
formula to 2.4% per year of service | ||||||
| |||||||
| |||||||
| 1 | and increasing the maximum to 80%) apply
to persons who | ||||||
| 2 | withdraw from service on or after January 1, 2002, regardless
| ||||||
| 3 | of whether that withdrawal takes place before the effective | ||||||
| 4 | date of that Act. In the case of a person who withdraws from | ||||||
| 5 | service
on or after January 1, 2002 but begins to receive a | ||||||
| 6 | retirement annuity before
July 1, 2002, the annuity
shall be | ||||||
| 7 | recalculated, with the increase resulting from Public Act | ||||||
| 8 | 92-609
accruing from the date the retirement annuity
began. The | ||||||
| 9 | changes made by Public Act 92-609 control over the changes made
| ||||||
| 10 | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
| ||||||
| 11 | (i) The amendatory provisions of this amendatory Act of | ||||||
| 12 | 1985 relating to
the discount of annuity because of retirement | ||||||
| 13 | prior to attainment of age 60
and increasing the retirement | ||||||
| 14 | formula for those born before January 1, 1936,
shall apply only | ||||||
| 15 | to qualifying employees withdrawing on or after
August 16, | ||||||
| 16 | 1985.
| ||||||
| 17 | (j) Beginning on January 1, 1999, the minimum amount of | ||||||
| 18 | employee's annuity
shall be $850 per month for life for the | ||||||
| 19 | following classes of employees,
without regard to the fact that | ||||||
| 20 | withdrawal occurred prior to the effective
date of this | ||||||
| 21 | amendatory Act of 1998:
| ||||||
| 22 | (1) any employee annuitant alive and receiving a life | ||||||
| 23 | annuity on the
effective date of this amendatory Act of | ||||||
| 24 | 1998, except a reciprocal
annuity;
| ||||||
| 25 | (2) any employee annuitant alive and receiving a term | ||||||
| 26 | annuity on the
effective date of this amendatory Act of | ||||||
| |||||||
| |||||||
| 1 | 1998, except a reciprocal
annuity;
| ||||||
| 2 | (3) any employee annuitant alive and receiving a | ||||||
| 3 | reciprocal annuity on
the effective date of this amendatory | ||||||
| 4 | Act of 1998, whose service
in this fund is at least 5 | ||||||
| 5 | years;
| ||||||
| 6 | (4) any employee annuitant withdrawing after age 60 on | ||||||
| 7 | or after the
effective date of this amendatory Act of 1998, | ||||||
| 8 | with at least 10
years of service in this fund.
| ||||||
| 9 | The increases granted under items (1), (2) and (3) of this | ||||||
| 10 | subsection (j)
shall not be limited by any other Section of | ||||||
| 11 | this Act.
| ||||||
| 12 | (Source: P.A. 97-651, eff. 1-5-12; revised 9-16-13.)
| ||||||
| 13 | (40 ILCS 5/13-809) (from Ch. 108 1/2, par. 13-809)
| ||||||
| 14 | Sec. 13-809. Administrative review. The provisions of the
| ||||||
| 15 | Administrative Review Law Act, and all amendments and | ||||||
| 16 | modifications thereof and
the rules adopted pursuant thereto | ||||||
| 17 | shall apply to and govern all
proceedings for the judicial | ||||||
| 18 | review of final administrative decisions of
the Retirement | ||||||
| 19 | Board provided for under this Article. The term
"administrative | ||||||
| 20 | decision" is as defined in Section 3-101 of the Code of
Civil | ||||||
| 21 | Procedure.
| ||||||
| 22 | (Source: P.A. 87-794; revised 10-7-13.)
| ||||||
| 23 | Section 225. The Illinois Police Training Act is amended by | ||||||
| 24 | changing Section 7 and by setting forth and renumbering | ||||||
| |||||||
| |||||||
| 1 | multiple versions of Section 10.14 as follows:
| ||||||
| 2 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
| 3 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
| 4 | adopt rules and
minimum standards for such schools which shall | ||||||
| 5 | include but not be limited to
the following:
| ||||||
| 6 | a. The curriculum for probationary police officers which | ||||||
| 7 | shall be
offered by all certified schools shall include but not | ||||||
| 8 | be limited to
courses of arrest, search and seizure, civil | ||||||
| 9 | rights, human relations,
cultural
diversity, including racial | ||||||
| 10 | and ethnic sensitivity,
criminal law, law of criminal | ||||||
| 11 | procedure, vehicle and traffic law including
uniform and | ||||||
| 12 | non-discriminatory enforcement of the Illinois Vehicle Code,
| ||||||
| 13 | traffic control and accident investigation, techniques of | ||||||
| 14 | obtaining
physical evidence, court testimonies, statements, | ||||||
| 15 | reports, firearms
training, training in the use of electronic | ||||||
| 16 | control devices, including the psychological and physiological | ||||||
| 17 | effects of the use of those devices on humans, first-aid | ||||||
| 18 | (including cardiopulmonary resuscitation), handling of
| ||||||
| 19 | juvenile offenders, recognition of
mental conditions which | ||||||
| 20 | require immediate assistance and methods to
safeguard and | ||||||
| 21 | provide assistance to a person in need of mental
treatment, | ||||||
| 22 | recognition of abuse, neglect, financial exploitation, and | ||||||
| 23 | self-neglect of adults with disabilities and older adults, as | ||||||
| 24 | defined in Section 2 of the Adult Protective Services Act, | ||||||
| 25 | crimes against the elderly, law of evidence, the hazards of | ||||||
| |||||||
| |||||||
| 1 | high-speed police vehicle
chases with an emphasis on | ||||||
| 2 | alternatives to the high-speed chase, and
physical training. | ||||||
| 3 | The curriculum shall include specific training in
techniques | ||||||
| 4 | for immediate response to and investigation of cases of | ||||||
| 5 | domestic
violence and of sexual assault of adults and children. | ||||||
| 6 | The curriculum shall include
training in techniques designed to | ||||||
| 7 | promote effective
communication at the initial contact with | ||||||
| 8 | crime victims and ways to comprehensively
explain to victims | ||||||
| 9 | and witnesses their rights under the Rights
of Crime Victims | ||||||
| 10 | and Witnesses Act and the Crime
Victims Compensation Act. The | ||||||
| 11 | curriculum shall also include a block of instruction aimed at | ||||||
| 12 | identifying and interacting with persons with autism and other | ||||||
| 13 | developmental disabilities, reducing barriers to reporting | ||||||
| 14 | crimes against persons with autism, and addressing the unique | ||||||
| 15 | challenges presented by cases involving victims or witnesses | ||||||
| 16 | with autism and other developmental disabilities. The | ||||||
| 17 | curriculum for
permanent police officers shall include but not | ||||||
| 18 | be limited to (1) refresher
and in-service training in any of | ||||||
| 19 | the courses listed above in this
subparagraph, (2) advanced | ||||||
| 20 | courses in any of the subjects listed above in
this | ||||||
| 21 | subparagraph, (3) training for supervisory personnel, and (4)
| ||||||
| 22 | specialized training in subjects and fields to be selected by | ||||||
| 23 | the board. The training in the use of electronic control | ||||||
| 24 | devices shall be conducted for probationary police officers, | ||||||
| 25 | including University police officers.
| ||||||
| 26 | b. Minimum courses of study, attendance requirements and | ||||||
| |||||||
| |||||||
| 1 | equipment
requirements.
| ||||||
| 2 | c. Minimum requirements for instructors.
| ||||||
| 3 | d. Minimum basic training requirements, which a | ||||||
| 4 | probationary police
officer must satisfactorily complete | ||||||
| 5 | before being eligible for permanent
employment as a local law | ||||||
| 6 | enforcement officer for a participating local
governmental | ||||||
| 7 | agency. Those requirements shall include training in first aid
| ||||||
| 8 | (including cardiopulmonary resuscitation).
| ||||||
| 9 | e. Minimum basic training requirements, which a | ||||||
| 10 | probationary county
corrections officer must satisfactorily | ||||||
| 11 | complete before being eligible for
permanent employment as a | ||||||
| 12 | county corrections officer for a participating
local | ||||||
| 13 | governmental agency.
| ||||||
| 14 | f. Minimum basic training requirements which a | ||||||
| 15 | probationary court
security officer must satisfactorily | ||||||
| 16 | complete before being eligible for
permanent employment as a | ||||||
| 17 | court security officer for a participating local
governmental | ||||||
| 18 | agency. The Board shall
establish those training requirements | ||||||
| 19 | which it considers appropriate for court
security officers and | ||||||
| 20 | shall certify schools to conduct that training.
| ||||||
| 21 | A person hired to serve as a court security officer must | ||||||
| 22 | obtain from the
Board a certificate (i) attesting to his or her | ||||||
| 23 | successful completion of the
training course; (ii) attesting to | ||||||
| 24 | his or her satisfactory
completion of a training program of | ||||||
| 25 | similar content and number of hours that
has been found | ||||||
| 26 | acceptable by the Board under the provisions of this Act; or
| ||||||
| |||||||
| |||||||
| 1 | (iii) attesting to the Board's determination that the training
| ||||||
| 2 | course is unnecessary because of the person's extensive prior | ||||||
| 3 | law enforcement
experience.
| ||||||
| 4 | Individuals who currently serve as court security officers | ||||||
| 5 | shall be deemed
qualified to continue to serve in that capacity | ||||||
| 6 | so long as they are certified
as provided by this Act within 24 | ||||||
| 7 | months of the effective date of this
amendatory Act of 1996. | ||||||
| 8 | Failure to be so certified, absent a waiver from the
Board, | ||||||
| 9 | shall cause the officer to forfeit his or her position.
| ||||||
| 10 | All individuals hired as court security officers on or | ||||||
| 11 | after the effective
date of this amendatory Act of 1996 shall | ||||||
| 12 | be certified within 12 months of the
date of their hire, unless | ||||||
| 13 | a waiver has been obtained by the Board, or they
shall forfeit | ||||||
| 14 | their positions.
| ||||||
| 15 | The Sheriff's Merit Commission, if one exists, or the | ||||||
| 16 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
| 17 | shall maintain a list of all
individuals who have filed | ||||||
| 18 | applications to become court security officers and
who meet the | ||||||
| 19 | eligibility requirements established under this Act. Either
| ||||||
| 20 | the Sheriff's Merit Commission, or the Sheriff's Office if no | ||||||
| 21 | Sheriff's Merit
Commission exists, shall establish a schedule | ||||||
| 22 | of reasonable intervals for
verification of the applicants' | ||||||
| 23 | qualifications under
this Act and as established by the Board.
| ||||||
| 24 | (Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; 98-49, | ||||||
| 25 | eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, eff. 8-16-13; revised | ||||||
| 26 | 9-11-13.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/10.14) | ||||||
| 2 | Sec. 10.14. Training; animal fighting awareness and humane | ||||||
| 3 | response. The Illinois Law Enforcement Training Standards | ||||||
| 4 | Board shall conduct or approve a training program in animal | ||||||
| 5 | fighting awareness and humane response for law enforcement | ||||||
| 6 | officers of local government agencies. The purpose of that | ||||||
| 7 | training shall be to equip law enforcement officers of local | ||||||
| 8 | government agencies to identify animal fighting operations and | ||||||
| 9 | respond appropriately. This training shall also include a | ||||||
| 10 | humane response component that will provide guidelines for | ||||||
| 11 | appropriate law enforcement response to animal abuse, cruelty, | ||||||
| 12 | and neglect, or similar condition, as well as training on | ||||||
| 13 | canine behavior and nonlethal ways to subdue a canine.
| ||||||
| 14 | (Source: P.A. 98-311, eff. 1-1-14.)
| ||||||
| 15 | (50 ILCS 705/10.15) | ||||||
| 16 | (Section scheduled to be repealed on July 1, 2016) | ||||||
| 17 | Sec. 10.15 10.14. Electronic control devices used by local | ||||||
| 18 | law enforcement agencies; inspections. | ||||||
| 19 | (a) For the purposes of this Section, "electronic control | ||||||
| 20 | device" means: | ||||||
| 21 | (1) any device
which is powered by electrical charging | ||||||
| 22 | units, such as, batteries, and
which fires one or several | ||||||
| 23 | barbs attached to a length of wire and
which, upon hitting | ||||||
| 24 | a human, can send out a current capable of disrupting
the | ||||||
| |||||||
| |||||||
| 1 | person's nervous system in such a manner as to render the | ||||||
| 2 | person incapable of
normal functioning; or | ||||||
| 3 | (2) any device which is powered by electrical
charging | ||||||
| 4 | units, such as batteries, and which, upon contact with a | ||||||
| 5 | human or
clothing worn by a human, can send out current | ||||||
| 6 | capable of disrupting
the person's nervous system in such a | ||||||
| 7 | manner as to render the person incapable
of normal | ||||||
| 8 | functioning. | ||||||
| 9 | (b) Beginning January 1, 2014 and ending December 31, 2015, | ||||||
| 10 | the Board shall randomly inspect police departments of units of | ||||||
| 11 | local government and university police departments concerning | ||||||
| 12 | the use of electronic control devices by law enforcement | ||||||
| 13 | officers of the departments to determine whether the officers | ||||||
| 14 | received appropriate training in their use. The Board shall | ||||||
| 15 | compile the information from the random inspections and analyze | ||||||
| 16 | the results. | ||||||
| 17 | (c) Based on the analysis required in subsection (b), the | ||||||
| 18 | Board shall issue a report and present its report and findings | ||||||
| 19 | to the Governor and General Assembly on or before June 30, | ||||||
| 20 | 2016. The Board in its report may recommend legislation | ||||||
| 21 | concerning the use of electronic control devices by law | ||||||
| 22 | enforcement officers and the training of law enforcement | ||||||
| 23 | officers in the use of those devices. | ||||||
| 24 | (d) This Section is repealed on July 1, 2016.
| ||||||
| 25 | (Source: P.A. 98-358, eff. 1-1-14; revised 10-17-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 230. The Counties Code is amended by changing | ||||||
| 2 | Sections 3-3016.5, 3-5018, 5-1062.3, 5-12001.2, 5-44020, and | ||||||
| 3 | 6-27005 and by setting forth and renumbering multiple versions | ||||||
| 4 | of Section 5-1134 as follows:
| ||||||
| 5 | (55 ILCS 5/3-3016.5) | ||||||
| 6 | Sec. 3-3016.5. Sudden, unexpected death in epilepsy | ||||||
| 7 | (SUDEP). | ||||||
| 8 | (a) All autopsies conducted in this State shall include an | ||||||
| 9 | inquiry to determine whether the death was a direct result of a | ||||||
| 10 | seizure or epilepsy. If the findings in an autopsy of a medical | ||||||
| 11 | examiner, examining physician, or coroner are consistent with | ||||||
| 12 | known or suspected sudden, unexpected death in epilepsy | ||||||
| 13 | (SUDEP), then the medical examiner, examining physician, or | ||||||
| 14 | coroner shall: | ||||||
| 15 | (1) cause to be indicated on the death certificate that | ||||||
| 16 | SUDEP is the cause or suspected cause of death; and | ||||||
| 17 | (2) forward a copy of the death certificate to the | ||||||
| 18 | North American SUDEP Registry at the Langone Medical Center | ||||||
| 19 | at New York University within 30 days. | ||||||
| 20 | (b) For the purposes of this Section, "sudden, unexpected | ||||||
| 21 | death in epilepsy" refers to a death in a patient previously | ||||||
| 22 | diagnosed with epilepsy that is not due to trauma, drowning, | ||||||
| 23 | status epilepticus, or other known causes, but for which there | ||||||
| 24 | is often evidence of an associated seizure. A finding of | ||||||
| 25 | sudden, unexpected death in epilepsy is definite when clinical | ||||||
| |||||||
| |||||||
| 1 | criteria are met and autopsy reveals no alternative cause of | ||||||
| 2 | death, such as stroke, myocardial infarction, or drug | ||||||
| 3 | intoxication, although there may be evidence of a seizure.
| ||||||
| 4 | (Source: P.A. 98-340, eff. 1-1-14; revised 10-8-13.)
| ||||||
| 5 | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) | ||||||
| 6 | Sec. 3-5018. Fees. The recorder elected as provided for in | ||||||
| 7 | this
Division shall receive such fees as are or may be provided | ||||||
| 8 | for him or her by law,
in case of provision therefor: otherwise | ||||||
| 9 | he or she shall receive the same fees as
are or may be provided | ||||||
| 10 | in this Section, except when increased by county
ordinance | ||||||
| 11 | pursuant to the provisions of this Section, to be paid to the
| ||||||
| 12 | county clerk for his or her services in the office of recorder | ||||||
| 13 | for like services. | ||||||
| 14 | For recording deeds or other instruments, $12 for the first | ||||||
| 15 | 4 pages
thereof, plus $1 for each additional page thereof, plus | ||||||
| 16 | $1 for each
additional document number therein noted. The | ||||||
| 17 | aggregate minimum fee
for recording any one instrument shall | ||||||
| 18 | not be less than $12. | ||||||
| 19 | For recording deeds or other instruments wherein the | ||||||
| 20 | premises
affected thereby are referred to by document number | ||||||
| 21 | and not by legal
description, a fee of $1 in addition to that | ||||||
| 22 | hereinabove referred to for
each document number therein noted. | ||||||
| 23 | For recording assignments of mortgages, leases or liens, | ||||||
| 24 | $12 for the
first 4 pages thereof, plus $1 for each additional | ||||||
| 25 | page thereof. However,
except for leases and liens pertaining | ||||||
| |||||||
| |||||||
| 1 | to oil, gas and other minerals,
whenever a mortgage, lease or | ||||||
| 2 | lien assignment assigns more than one
mortgage, lease or lien | ||||||
| 3 | document, a $7 fee shall be charged for the recording
of each | ||||||
| 4 | such mortgage, lease or lien document after the first one. | ||||||
| 5 | For recording any document that affects an interest in real | ||||||
| 6 | property other than documents which solely affect or relate to | ||||||
| 7 | an easement for water, sewer, electricity, gas, telephone or | ||||||
| 8 | other public service, the recorder shall charge a fee of $1 per | ||||||
| 9 | document to all filers of documents not filed by any State | ||||||
| 10 | agency, any unit of local government, or any school district. | ||||||
| 11 | Fifty cents of the $1 fee hereby established shall be deposited | ||||||
| 12 | into the County General Revenue Fund. The remaining $0.50 shall | ||||||
| 13 | be deposited into the Recorder's Automation Fund and may not be | ||||||
| 14 | appropriated or expended for any other purpose. The additional | ||||||
| 15 | amounts available to the recorder for expenditure from the | ||||||
| 16 | Recorder's Automation Fund shall not offset or reduce any other | ||||||
| 17 | county appropriations or funding for the office of the | ||||||
| 18 | recorder. | ||||||
| 19 | For recording maps or plats of additions or subdivisions | ||||||
| 20 | approved by the
county or municipality (including the spreading | ||||||
| 21 | of the same of record in
map case or other proper books) or | ||||||
| 22 | plats of condominiums, $50 for the first
page, plus $1 for each | ||||||
| 23 | additional page thereof except that in the case of
recording a | ||||||
| 24 | single page, legal size 8 1/2 x 14, plat of survey in which
| ||||||
| 25 | there are no more than two lots or parcels of land, the fee | ||||||
| 26 | shall be $12.
In each county where such maps or plats are to be | ||||||
| |||||||
| |||||||
| 1 | recorded, the recorder
may require the same to be accompanied | ||||||
| 2 | by such number of exact, true and
legible copies thereof as the | ||||||
| 3 | recorder deems necessary for the efficient
conduct and | ||||||
| 4 | operation of his or her office. | ||||||
| 5 | For non-certified copies of records, an amount not to | ||||||
| 6 | exceed one-half of the amount provided in this Section for | ||||||
| 7 | certified copies, according to a standard scale of fees, | ||||||
| 8 | established by county ordinance and made public. The provisions | ||||||
| 9 | of this paragraph shall not be applicable to any person or | ||||||
| 10 | entity who obtains non-certified copies of records in the | ||||||
| 11 | following manner: (i) in bulk for all documents recorded on any | ||||||
| 12 | given day in an electronic or paper format for a negotiated | ||||||
| 13 | amount less than the amount provided for in this paragraph for | ||||||
| 14 | non-certified copies, (ii) under a contractual relationship | ||||||
| 15 | with the recorder for a negotiated amount less than the amount | ||||||
| 16 | provided for in this paragraph for non-certified copies, | ||||||
| 17 | or (iii) by means of Internet access pursuant to Section | ||||||
| 18 | 5-1106.1. | ||||||
| 19 | For certified copies of records, the same fees as for | ||||||
| 20 | recording, but
in no case shall the fee for a certified copy of | ||||||
| 21 | a map or plat of an
addition, subdivision or otherwise exceed | ||||||
| 22 | $10. | ||||||
| 23 | Each certificate of such recorder of the recording of the | ||||||
| 24 | deed or
other writing and of the date of recording the same | ||||||
| 25 | signed by such
recorder, shall be sufficient evidence of the | ||||||
| 26 | recording thereof, and
such certificate including the indexing | ||||||
| |||||||
| |||||||
| 1 | of record, shall be furnished
upon the payment of the fee for | ||||||
| 2 | recording the instrument, and no
additional fee shall be | ||||||
| 3 | allowed for the certificate or indexing. | ||||||
| 4 | The recorder shall charge an additional fee, in an amount | ||||||
| 5 | equal to the
fee otherwise provided by law, for recording a | ||||||
| 6 | document (other than a
document filed under the Plat Act or the | ||||||
| 7 | Uniform Commercial Code) that does
not conform to the following | ||||||
| 8 | standards: | ||||||
| 9 | (1) The document shall consist of one or more | ||||||
| 10 | individual sheets measuring
8.5 inches by 11 inches, not | ||||||
| 11 | permanently bound and not a continuous form.
Graphic | ||||||
| 12 | displays accompanying a document to be recorded that | ||||||
| 13 | measure up to 11
inches by 17 inches shall be recorded | ||||||
| 14 | without charging an additional fee. | ||||||
| 15 | (2) The document shall be legibly printed in black ink, | ||||||
| 16 | by hand, type,
or computer. Signatures and dates may be in | ||||||
| 17 | contrasting colors if they will
reproduce clearly. | ||||||
| 18 | (3) The document shall be on white paper of not less | ||||||
| 19 | than 20-pound
weight and shall have a clean margin of at | ||||||
| 20 | least one-half inch on the top, the
bottom, and each side. | ||||||
| 21 | Margins may be used for non-essential notations that
will | ||||||
| 22 | not affect the validity of the document, including but not | ||||||
| 23 | limited to
form numbers, page numbers, and customer | ||||||
| 24 | notations. | ||||||
| 25 | (4) The first page of the document shall contain a | ||||||
| 26 | blank space, measuring
at least 3 inches by 5 inches, from | ||||||
| |||||||
| |||||||
| 1 | the upper right corner. | ||||||
| 2 | (5) The document shall not have any attachment stapled | ||||||
| 3 | or otherwise
affixed to any page. | ||||||
| 4 | A document that does not conform to these standards shall
not | ||||||
| 5 | be recorded except upon payment of the additional fee required | ||||||
| 6 | under
this paragraph. This paragraph, as amended by this | ||||||
| 7 | amendatory Act of 1995,
applies only to documents dated after | ||||||
| 8 | the effective date of this amendatory
Act of 1995. | ||||||
| 9 | The county board of any county may provide for an | ||||||
| 10 | additional charge of $3
for filing every instrument, paper, or | ||||||
| 11 | notice for record, (1)
in order to
defray the cost of | ||||||
| 12 | converting the county recorder's document storage system
to | ||||||
| 13 | computers or micrographics
and (2) in order to defray the cost | ||||||
| 14 | of providing access to records through
the global
information | ||||||
| 15 | system known as the Internet. | ||||||
| 16 | A special fund shall be set up by the treasurer of the | ||||||
| 17 | county and such
funds collected pursuant to Public Act 83-1321 | ||||||
| 18 | shall be used (1)
for
a document storage system to provide the | ||||||
| 19 | equipment, materials and necessary
expenses incurred to help | ||||||
| 20 | defray the costs of implementing and maintaining
such a | ||||||
| 21 | document records system
and (2) for a system to provide | ||||||
| 22 | electronic access to
those records. | ||||||
| 23 | The county board of any county that provides and maintains | ||||||
| 24 | a countywide map
through a Geographic Information System (GIS) | ||||||
| 25 | may provide for an additional
charge of $3 for filing every | ||||||
| 26 | instrument, paper, or notice for record (1)
in order
to defray | ||||||
| |||||||
| |||||||
| 1 | the cost of implementing or maintaining the county's Geographic
| ||||||
| 2 | Information System
and (2) in order to defray the cost of | ||||||
| 3 | providing electronic or automated access to the
county's
| ||||||
| 4 | Geographic
Information System or property records.
Of that | ||||||
| 5 | amount, $2 must be deposited into a special fund
set up by the | ||||||
| 6 | treasurer of the county, and any moneys collected pursuant to
| ||||||
| 7 | this amendatory Act of the 91st General Assembly and deposited | ||||||
| 8 | into that fund
must be used solely for the equipment, | ||||||
| 9 | materials, and necessary expenses
incurred in implementing and | ||||||
| 10 | maintaining a Geographic Information System and
in order to | ||||||
| 11 | defray the cost of providing electronic access to the county's
| ||||||
| 12 | Geographic Information System records.
The remaining $1 must be | ||||||
| 13 | deposited into the recorder's special funds created
under | ||||||
| 14 | Section 3-5005.4. The recorder may, in his or her discretion, | ||||||
| 15 | use moneys
in the funds created under Section 3-5005.4 to | ||||||
| 16 | defray the cost of implementing
or maintaining the county's | ||||||
| 17 | Geographic Information System
and to defray the cost of | ||||||
| 18 | providing electronic access to the county's
Geographic
| ||||||
| 19 | Information System records. | ||||||
| 20 | The recorder shall collect a $9 Rental Housing Support | ||||||
| 21 | Program State
surcharge for the recordation of any real | ||||||
| 22 | estate-related document. Payment of the
Rental Housing Support | ||||||
| 23 | Program State surcharge shall be evidenced by a receipt
that | ||||||
| 24 | shall be marked upon or otherwise affixed to the real | ||||||
| 25 | estate-related document
by the recorder. The form of this | ||||||
| 26 | receipt shall be prescribed by the Department
of Revenue and | ||||||
| |||||||
| |||||||
| 1 | the receipts shall be issued by the Department of Revenue to
| ||||||
| 2 | each county recorder. | ||||||
| 3 | The recorder shall not collect the Rental Housing Support | ||||||
| 4 | Program State surcharge from any State agency, any unit of | ||||||
| 5 | local government or any school district. | ||||||
| 6 | On the 15th day of each month, each county recorder shall | ||||||
| 7 | report
to the Department of Revenue, on a form prescribed by | ||||||
| 8 | the Department,
the number of real estate-related documents | ||||||
| 9 | recorded for which
the Rental Housing Support Program
State | ||||||
| 10 | surcharge was collected. Each recorder shall submit $9 of each | ||||||
| 11 | surcharge collected in the
preceding month to the Department of | ||||||
| 12 | Revenue and the Department
shall deposit these amounts in the | ||||||
| 13 | Rental Housing Support Program Fund. Subject to appropriation, | ||||||
| 14 | amounts in the Fund may be expended only for the purpose of | ||||||
| 15 | funding and administering the Rental Housing Support Program. | ||||||
| 16 | For purposes of this Section, "real estate-related | ||||||
| 17 | document" means that term as it is defined in Section 7 of the | ||||||
| 18 | Rental Housing Support Program Act.
| ||||||
| 19 | The foregoing fees allowed by this Section are the maximum | ||||||
| 20 | fees that
may be collected from any officer, agency, department | ||||||
| 21 | or other
instrumentality of the State. The county board may, | ||||||
| 22 | however, by ordinance,
increase the fees allowed by this | ||||||
| 23 | Section and collect such increased fees
from all persons and | ||||||
| 24 | entities other than officers, agencies, departments
and other | ||||||
| 25 | instrumentalities of the State if the increase is justified by | ||||||
| 26 | an
acceptable cost study showing that the fees allowed by this | ||||||
| |||||||
| |||||||
| 1 | Section are not
sufficient to cover the cost of providing the | ||||||
| 2 | service.
Regardless of any other provision in this Section, the | ||||||
| 3 | maximum fee that may
be collected from the Department of | ||||||
| 4 | Revenue for filing or indexing a
lien, certificate of lien | ||||||
| 5 | release or subordination, or any other type of notice
or other | ||||||
| 6 | documentation affecting or concerning a lien is $5. Regardless | ||||||
| 7 | of
any other provision in this Section, the maximum fee that | ||||||
| 8 | may be collected from
the Department of Revenue for indexing | ||||||
| 9 | each additional name in excess
of one for any lien, certificate | ||||||
| 10 | of lien release or subordination, or any other
type of notice | ||||||
| 11 | or other documentation affecting or concerning a lien is $1. | ||||||
| 12 | A statement of the costs of providing each service, program | ||||||
| 13 | and activity
shall be prepared by the county board. All | ||||||
| 14 | supporting documents shall be
public record and subject to | ||||||
| 15 | public examination and audit. All direct and
indirect costs, as | ||||||
| 16 | defined in the United States Office of Management and
Budget | ||||||
| 17 | Circular A-87, may be included in the determination of the | ||||||
| 18 | costs of
each service, program and activity. | ||||||
| 19 | (Source: P.A. 98-5, eff. 3-22-13; 98-217, eff. 8-9-13; revised | ||||||
| 20 | 9-24-13.)
| ||||||
| 21 | (55 ILCS 5/5-1062.3) | ||||||
| 22 | Sec. 5-1062.3. Stormwater management; DuPage and Peoria | ||||||
| 23 | Counties. | ||||||
| 24 | (a) The purpose of this Section is to allow management and | ||||||
| 25 | mitigation of the effects of urbanization on stormwater | ||||||
| |||||||
| |||||||
| 1 | drainage in the metropolitan counties of DuPage and Peoria, and | ||||||
| 2 | references to "county" in this Section apply only to those | ||||||
| 3 | counties. This Section does not apply to a municipality that | ||||||
| 4 | only partially lies within one of these counties and, on the | ||||||
| 5 | effective date of this amendatory Act of the 98th General | ||||||
| 6 | Assembly, is served by an existing Section in the Counties Code | ||||||
| 7 | regarding stormwater management. The purpose of this Section | ||||||
| 8 | shall be achieved by: | ||||||
| 9 | (1) consolidating the existing stormwater management | ||||||
| 10 | framework into a
united, countywide structure; | ||||||
| 11 | (2) setting minimum standards for floodplain and | ||||||
| 12 | stormwater management;
and | ||||||
| 13 | (3) preparing a countywide plan for the management of | ||||||
| 14 | stormwater runoff,
including the management of natural and | ||||||
| 15 | man-made drainageways. The countywide
plan may incorporate | ||||||
| 16 | watershed plans. | ||||||
| 17 | (b) A stormwater management planning committee may be | ||||||
| 18 | established by county board resolution, with its membership | ||||||
| 19 | consisting of equal numbers of county board and municipal | ||||||
| 20 | representatives from each county board district, and such other | ||||||
| 21 | members as may be determined by the county and municipal | ||||||
| 22 | members. If the county has more than 6 county board districts, | ||||||
| 23 | however, the county board may by ordinance divide the county | ||||||
| 24 | into not less than 6 areas of approximately equal population, | ||||||
| 25 | to be used instead of county board districts for the purpose of | ||||||
| 26 | determining representation on the stormwater management | ||||||
| |||||||
| |||||||
| 1 | planning committee. | ||||||
| 2 | The county board members shall be appointed by the chairman | ||||||
| 3 | of the county board. Municipal members from each county board | ||||||
| 4 | district or other represented area shall be appointed by a | ||||||
| 5 | majority vote of the mayors of those municipalities that have | ||||||
| 6 | the greatest percentage of their respective populations | ||||||
| 7 | residing in that county board district or other represented | ||||||
| 8 | area. All municipal and county board representatives shall be | ||||||
| 9 | entitled to a vote; the other members shall be nonvoting | ||||||
| 10 | members, unless authorized to vote by the unanimous consent of | ||||||
| 11 | the municipal and county board representatives. A municipality | ||||||
| 12 | that is located in more than one county may choose, at the time | ||||||
| 13 | of formation of the stormwater management planning committee | ||||||
| 14 | and based on watershed boundaries, to participate in the | ||||||
| 15 | stormwater management planning program of either county. | ||||||
| 16 | Subcommittees of the stormwater management planning committee | ||||||
| 17 | may be established to serve a portion of the county or a | ||||||
| 18 | particular drainage basin that has similar stormwater | ||||||
| 19 | management needs. The stormwater management planning committee | ||||||
| 20 | shall adopt bylaws, by a majority vote of the county and | ||||||
| 21 | municipal members, to govern the functions of the committee and | ||||||
| 22 | its subcommittees. Officers of the committee shall include a | ||||||
| 23 | chair and vice chair, one of whom shall be a county | ||||||
| 24 | representative and one a municipal representative. | ||||||
| 25 | The principal duties of the committee shall be to develop a | ||||||
| 26 | stormwater management plan for presentation to and approval by | ||||||
| |||||||
| |||||||
| 1 | the county board, and to direct the plan's implementation and | ||||||
| 2 | revision. The committee may retain engineering, legal, and | ||||||
| 3 | financial advisors and inspection personnel. The committee | ||||||
| 4 | shall meet at least quarterly and shall hold at least one | ||||||
| 5 | public meeting during the preparation of the plan and prior to | ||||||
| 6 | its submittal to the county board. The committee may make | ||||||
| 7 | grants to units of local government that have adopted an | ||||||
| 8 | ordinance requiring actions consistent with the stormwater | ||||||
| 9 | management plan and to landowners for the purposes of | ||||||
| 10 | stormwater management, including special projects; use of the | ||||||
| 11 | grant money must be consistent with the stormwater management | ||||||
| 12 | plan. | ||||||
| 13 | The committee shall not have or exercise any power of | ||||||
| 14 | eminent domain. | ||||||
| 15 | (c) In the preparation of a stormwater management plan, a | ||||||
| 16 | county stormwater management planning committee shall | ||||||
| 17 | coordinate the planning process with each adjoining county to | ||||||
| 18 | ensure that recommended stormwater projects will have no | ||||||
| 19 | significant impact on the levels or flows of stormwaters in | ||||||
| 20 | inter-county watersheds or on the capacity of existing and | ||||||
| 21 | planned stormwater retention facilities. An adopted stormwater | ||||||
| 22 | management plan shall identify steps taken by the county to | ||||||
| 23 | coordinate the development of plan recommendations with | ||||||
| 24 | adjoining counties. | ||||||
| 25 | (d) The stormwater management committee may not enforce any | ||||||
| 26 | rules or regulations that would interfere with (i) any power | ||||||
| |||||||
| |||||||
| 1 | granted by the Illinois Drainage Code (70 ILCS 605/) to | ||||||
| 2 | operate, construct, maintain, or improve drainage systems or | ||||||
| 3 | (ii) the ability to operate, maintain, or improve the drainage | ||||||
| 4 | systems used on or by land or a facility used for production | ||||||
| 5 | agriculture purposes, as defined in the Use Tax Act (35 ILCS | ||||||
| 6 | 105/), except newly constructed buildings and newly installed | ||||||
| 7 | impervious paved surfaces. Disputes regarding an exception | ||||||
| 8 | shall be determined by a mutually agreed upon arbitrator paid | ||||||
| 9 | by the disputing party or parties. | ||||||
| 10 | (e) Before the stormwater management planning committee | ||||||
| 11 | recommends to the county board a stormwater management plan for | ||||||
| 12 | the county or a portion thereof, it shall submit the plan to | ||||||
| 13 | the Office of Water Resources of the Department of Natural | ||||||
| 14 | Resources for review and recommendations. The Office, in | ||||||
| 15 | reviewing the plan, shall consider such factors as impacts on | ||||||
| 16 | the levels or flows in rivers and streams and the cumulative | ||||||
| 17 | effects of stormwater discharges on flood levels. The Office of | ||||||
| 18 | Water Resources shall determine whether the plan or ordinances | ||||||
| 19 | enacted to implement the plan complies with the requirements of | ||||||
| 20 | subsection (f). Within a period not to exceed 60 days, the | ||||||
| 21 | review comments and recommendations shall be submitted to the | ||||||
| 22 | stormwater management planning committee for consideration. | ||||||
| 23 | Any amendments to the plan shall be submitted to the Office for | ||||||
| 24 | review. | ||||||
| 25 | (f) Prior to recommending the plan to the county board, the | ||||||
| 26 | stormwater management planning committee shall hold at least | ||||||
| |||||||
| |||||||
| 1 | one public hearing thereon and shall afford interested persons | ||||||
| 2 | an opportunity to be heard. The hearing shall be held in the | ||||||
| 3 | county seat. Notice of the hearing shall be published at least | ||||||
| 4 | once and no less than 15 days in advance of the hearing in a | ||||||
| 5 | newspaper of general circulation published in the county. The | ||||||
| 6 | notice shall state the time and place of the hearing and the | ||||||
| 7 | place where copies of the proposed plan will be accessible for | ||||||
| 8 | examination by interested parties. If an affected municipality | ||||||
| 9 | having a stormwater management plan adopted by ordinance wishes | ||||||
| 10 | to protest the proposed county plan provisions, it shall appear | ||||||
| 11 | at the hearing and submit in writing specific proposals to the | ||||||
| 12 | stormwater management planning committee. After consideration | ||||||
| 13 | of the matters raised at the hearing, the committee may amend | ||||||
| 14 | or approve the plan and recommend it to the county board for | ||||||
| 15 | adoption. | ||||||
| 16 | The county board may enact the proposed plan by ordinance. | ||||||
| 17 | If the proposals for modification of the plan made by an | ||||||
| 18 | affected municipality having a stormwater management plan are | ||||||
| 19 | not included in the proposed county plan, and the municipality | ||||||
| 20 | affected by the plan opposes adoption of the county plan by | ||||||
| 21 | resolution of its corporate authorities, approval of the county | ||||||
| 22 | plan shall require an affirmative vote of at least two-thirds | ||||||
| 23 | of the county board members present and voting. If the county | ||||||
| 24 | board wishes to amend the county plan, it shall submit in | ||||||
| 25 | writing specific proposals to the stormwater management | ||||||
| 26 | planning committee. If the proposals are not approved by the | ||||||
| |||||||
| |||||||
| 1 | committee, or are opposed by resolution of the corporate | ||||||
| 2 | authorities of an affected municipality having a municipal | ||||||
| 3 | stormwater management plan, amendment of the plan shall require | ||||||
| 4 | an affirmative vote of at least two-thirds of the county board | ||||||
| 5 | members present and voting. | ||||||
| 6 | (g) The county board may prescribe by ordinance reasonable | ||||||
| 7 | rules and regulations for floodplain management and for | ||||||
| 8 | governing the location, width, course, and release rate of all | ||||||
| 9 | stormwater runoff channels, streams, and basins in the county, | ||||||
| 10 | in accordance with the adopted stormwater management plan. | ||||||
| 11 | Land, facilities, and drainage district facilities used for | ||||||
| 12 | production agriculture as defined in subsection (d) shall not | ||||||
| 13 | be subjected to regulation by the county board or stormwater | ||||||
| 14 | management committee under this Section for floodplain | ||||||
| 15 | management and for governing location, width, course, | ||||||
| 16 | maintenance, and release rate of stormwater runoff channels, | ||||||
| 17 | streams and basins, or water discharged from a drainage | ||||||
| 18 | district. These rules and regulations shall, at a minimum, meet | ||||||
| 19 | the standards for floodplain management established by the | ||||||
| 20 | Office of Water Resources and the requirements of the Federal | ||||||
| 21 | Emergency Management Agency for participation in the National | ||||||
| 22 | Flood Insurance Program. With respect to DuPage County only, | ||||||
| 23 | the Chicago Metropolitan Agency for Planning may not impose | ||||||
| 24 | more stringent regulations regarding water quality on entities | ||||||
| 25 | discharging in accordance with a valid National Pollution | ||||||
| 26 | Discharge Elimination System permit issued under the | ||||||
| |||||||
| |||||||
| 1 | Environmental Protection Act. | ||||||
| 2 | (h) For the purpose of implementing this Section and for | ||||||
| 3 | the development, design, planning, construction, operation, | ||||||
| 4 | and maintenance of stormwater facilities provided for in the | ||||||
| 5 | adopted stormwater management plan, a county board that has | ||||||
| 6 | established a stormwater management planning committee | ||||||
| 7 | pursuant to this Section or has participated in a stormwater | ||||||
| 8 | management planning process may adopt a schedule of fees | ||||||
| 9 | applicable to all real property within the county which | ||||||
| 10 | benefits from the county's stormwater management facilities | ||||||
| 11 | and activities, and as may be necessary to mitigate the effects | ||||||
| 12 | of increased stormwater runoff resulting from development. The | ||||||
| 13 | total amount of the fees assessed must be specifically and | ||||||
| 14 | uniquely attributable to the actual costs of the county in the | ||||||
| 15 | preparation, administration, and implementation of the adopted | ||||||
| 16 | stormwater management plan, construction and maintenance of | ||||||
| 17 | stormwater facilities, and other activities related to the | ||||||
| 18 | management of the runoff from the property. The individual fees | ||||||
| 19 | must be specifically and uniquely attributable to the portion | ||||||
| 20 | of the actual cost to the county of managing the runoff from | ||||||
| 21 | the property. The fees shall be used to finance activities | ||||||
| 22 | undertaken by the county or its included municipalities to | ||||||
| 23 | mitigate the effects of urban stormwater runoff by providing | ||||||
| 24 | and maintaining stormwater collection, retention, detention, | ||||||
| 25 | and particulate treatment facilities, and improving water | ||||||
| 26 | bodies impacted by stormwater runoff, as identified in the | ||||||
| |||||||
| |||||||
| 1 | county plan. In establishing, maintaining, or replacing such | ||||||
| 2 | facilities, the county shall not duplicate facilities operated | ||||||
| 3 | by other governmental bodies within its corporate boundaries. | ||||||
| 4 | The schedule of fees established by the county board shall | ||||||
| 5 | include a procedure for a full or partial fee waiver for | ||||||
| 6 | property owners who have taken actions or put in place | ||||||
| 7 | facilities that reduce or eliminate the cost to the county of | ||||||
| 8 | providing stormwater management services to their property. | ||||||
| 9 | The county board may also offer tax or fee rebates or incentive | ||||||
| 10 | payments to property owners who construct, maintain, and use | ||||||
| 11 | approved green infrastructure stormwater management devices or | ||||||
| 12 | any other methods that reduce or eliminate the cost to the | ||||||
| 13 | county of providing stormwater management services to the | ||||||
| 14 | property, including but not limited to facilities that reduce | ||||||
| 15 | the volume, temperature, velocity, and pollutant load of the | ||||||
| 16 | stormwater managed by the county, such as systems that | ||||||
| 17 | infiltrate, evapotranspirate, or harvest stormwater for reuse, | ||||||
| 18 | known as "green infrastructure". In exercising this authority, | ||||||
| 19 | the county shall provide notice to the municipalities within | ||||||
| 20 | its jurisdiction their jurisdictions of any fees proposed under | ||||||
| 21 | this Section and seek the input of each municipality with | ||||||
| 22 | respect to the calculation of the fees. The county shall also | ||||||
| 23 | give property owners at least 2 years' notice of the fee, | ||||||
| 24 | during which time the county shall provide education on green | ||||||
| 25 | infrastructure practices and an opportunity to take action to | ||||||
| 26 | reduce or eliminate the fee. All these fees collected by the | ||||||
| |||||||
| |||||||
| 1 | county shall be held in a separate fund, and shall be expended | ||||||
| 2 | only in the watershed within which they were collected. The | ||||||
| 3 | county may enter into intergovernmental agreements with other | ||||||
| 4 | government bodies for the joint administration of stormwater | ||||||
| 5 | management and the collection of the fees authorized in this | ||||||
| 6 | Section. | ||||||
| 7 | A fee schedule authorized by this subsection must have the | ||||||
| 8 | same limit as the authorized stormwater tax. In Peoria County | ||||||
| 9 | only, the fee schedule shall not be adopted unless (i) a | ||||||
| 10 | referendum has been passed approving a stormwater tax as | ||||||
| 11 | provided in subsection (i) of this Section; or (ii) the | ||||||
| 12 | question of the adoption of a fee schedule with the same limit | ||||||
| 13 | as the authorized stormwater tax has been approved in a | ||||||
| 14 | referendum by a majority of those voting on the question. | ||||||
| 15 | (i) In the alternative to a fee imposed under subsection | ||||||
| 16 | (h), the county board may cause an annual tax of not to exceed | ||||||
| 17 | 0.20% of the value, as equalized or assessed by the Department | ||||||
| 18 | of Revenue, of all taxable property in the county to be levied | ||||||
| 19 | upon all the taxable property in the county. The property tax | ||||||
| 20 | shall be in addition to all other taxes authorized by law to be | ||||||
| 21 | levied and collected in the county and shall be in addition to | ||||||
| 22 | the maximum tax rate authorized by law for general county | ||||||
| 23 | purposes. The 0.20% limitation provided in this Section may be | ||||||
| 24 | increased or decreased by referendum in accordance with the | ||||||
| 25 | provisions of Sections 18-120, 18-125, and 18-130 of the | ||||||
| 26 | Property Tax Code (35 ILCS 200/). | ||||||
| |||||||
| |||||||
| 1 | Any revenues generated as a result of ownership or | ||||||
| 2 | operation of facilities or land acquired with the tax funds | ||||||
| 3 | collected pursuant to this subsection shall be held in a | ||||||
| 4 | separate fund and be used either to abate such property tax or | ||||||
| 5 | for implementing this Section. | ||||||
| 6 | If at least part of the county has been declared by a | ||||||
| 7 | presidential proclamation after July 1, 1986 and before | ||||||
| 8 | December 31, 1987, to be a disaster area as a result of | ||||||
| 9 | flooding, the tax authorized by this subsection does not | ||||||
| 10 | require approval by referendum. However, in Peoria County, the | ||||||
| 11 | tax authorized by this subsection shall not be levied until the | ||||||
| 12 | question of its adoption, either for a specified period or | ||||||
| 13 | indefinitely, has been submitted to the electors thereof and | ||||||
| 14 | approved by a majority of those voting on the question. This | ||||||
| 15 | question may be submitted at any election held in the county | ||||||
| 16 | after the adoption of a resolution by the county board | ||||||
| 17 | providing for the submission of the question to the electors of | ||||||
| 18 | the county. The county board shall certify the resolution and | ||||||
| 19 | proposition to the proper election officials, who shall submit | ||||||
| 20 | the proposition at an election in accordance with the general | ||||||
| 21 | election law. If a majority of the votes cast on the question | ||||||
| 22 | is in favor of the levy of the tax, it may thereafter be levied | ||||||
| 23 | in the county for the specified period or indefinitely, as | ||||||
| 24 | provided in the proposition. The question shall be put in | ||||||
| 25 | substantially the following form: | ||||||
| 26 | Shall an annual tax be levied
for stormwater management | ||||||
| |||||||
| |||||||
| 1 | purposes (for a period of not more than ..... years) at a | ||||||
| 2 | rate not exceeding
.....% of the equalized assessed
value | ||||||
| 3 | of the taxable property of ..... County? | ||||||
| 4 | Votes shall be recorded as Yes or No. | ||||||
| 5 | The following question may be submitted at any election | ||||||
| 6 | held in the county after the adoption of a resolution by the | ||||||
| 7 | county board providing for the submission of the question to | ||||||
| 8 | the electors of the county to authorize adoption of a schedule | ||||||
| 9 | of fees applicable to all real property within the county: | ||||||
| 10 | Shall the county board be authorized to adopt a | ||||||
| 11 | schedule of fees, at a rate not exceeding that of the | ||||||
| 12 | stormwater management tax, applicable to all real property | ||||||
| 13 | for preparation, administration, and implementation of an | ||||||
| 14 | adopted stormwater management plan, construction and | ||||||
| 15 | maintenance of related facilities, and management of the | ||||||
| 16 | runoff from the property? | ||||||
| 17 | Votes shall be recorded as Yes or No. | ||||||
| 18 | If these questions have been approved by a majority of | ||||||
| 19 | those voting prior to the effective date of this amendatory Act | ||||||
| 20 | of the 98th General Assembly, this subsection does not apply. | ||||||
| 21 | (j) For those counties that adopt a property tax in | ||||||
| 22 | accordance with the provisions in this Section, the stormwater | ||||||
| 23 | management committee shall offer property tax abatements or | ||||||
| 24 | incentive payments to property owners who construct, maintain, | ||||||
| 25 | and use approved stormwater management devices. The stormwater | ||||||
| 26 | management committee is authorized to offer credits to the | ||||||
| |||||||
| |||||||
| 1 | property tax, if applicable, based on authorized practices | ||||||
| 2 | consistent with the stormwater management plan and approved by | ||||||
| 3 | the committee. Expenses of staff of a stormwater management | ||||||
| 4 | committee that are expended on regulatory project review may be | ||||||
| 5 | no more than 20% of the annual budget of the committee, | ||||||
| 6 | including funds raised under subsections (h) and (i). | ||||||
| 7 | (k) Upon the creation and implementation of a county | ||||||
| 8 | stormwater management
plan, the county may petition the circuit | ||||||
| 9 | court to dissolve any or all drainage
districts created | ||||||
| 10 | pursuant to the Illinois Drainage Code or predecessor Acts
| ||||||
| 11 | which are located entirely within the area of the county | ||||||
| 12 | covered by the plan. | ||||||
| 13 | However, any active drainage district implementing a plan | ||||||
| 14 | that is
consistent with and at least as stringent as the county | ||||||
| 15 | stormwater
management plan may petition the stormwater | ||||||
| 16 | management planning committee
for exception from dissolution. | ||||||
| 17 | Upon filing of the petition, the committee
shall set a date for | ||||||
| 18 | hearing not less than 2 weeks, nor more than 4 weeks,
from the | ||||||
| 19 | filing thereof, and the committee shall give at least one | ||||||
| 20 | week's
notice of the hearing in one or more newspapers of | ||||||
| 21 | general circulation
within the district, and in addition shall | ||||||
| 22 | cause a copy of the notice to be
personally served upon each of | ||||||
| 23 | the trustees of the district. At the
hearing, the committee | ||||||
| 24 | shall hear the district's petition and allow the
district | ||||||
| 25 | trustees and any interested parties an opportunity to present | ||||||
| 26 | oral
and written evidence. The committee shall render its | ||||||
| |||||||
| |||||||
| 1 | decision upon the
petition for exception from dissolution based | ||||||
| 2 | upon the best interests of
the residents of the district. In | ||||||
| 3 | the event that the exception is not
allowed, the district may | ||||||
| 4 | file a petition within 30 days of the decision
with the circuit | ||||||
| 5 | court. In that case, the notice and hearing requirements
for | ||||||
| 6 | the court shall be the same as herein provided for the | ||||||
| 7 | committee.
The court shall likewise render its decision of | ||||||
| 8 | whether to dissolve the
district based upon the best interests | ||||||
| 9 | of residents of the district. | ||||||
| 10 | The dissolution of any drainage district shall not affect | ||||||
| 11 | the obligation
of any bonds issued or contracts entered into by | ||||||
| 12 | the district nor
invalidate the levy, extension or collection | ||||||
| 13 | of any taxes or special
assessments upon the property in the | ||||||
| 14 | former drainage district. All property
and obligations of the | ||||||
| 15 | former drainage district shall be assumed and
managed by the | ||||||
| 16 | county, and the debts of the former drainage district shall
be | ||||||
| 17 | discharged as soon as practicable. | ||||||
| 18 | If a drainage district lies only partly within a county | ||||||
| 19 | that adopts a
county stormwater management plan, the county may | ||||||
| 20 | petition the circuit
court to disconnect from the drainage | ||||||
| 21 | district that portion of the district
that lies within that | ||||||
| 22 | county. The property of the drainage district within the
| ||||||
| 23 | disconnected area shall be assumed and managed by the county. | ||||||
| 24 | The county shall
also assume a portion of the drainage | ||||||
| 25 | district's debt at the time of
disconnection, based on the | ||||||
| 26 | portion of the value of the taxable property of the
drainage | ||||||
| |||||||
| |||||||
| 1 | district which is located within the area being disconnected. | ||||||
| 2 | The operations of any drainage district that continues to | ||||||
| 3 | exist in a
county that has adopted a stormwater management plan | ||||||
| 4 | in accordance with
this Section shall be in accordance with the | ||||||
| 5 | adopted plan. | ||||||
| 6 | (l) Any county that has adopted a county stormwater | ||||||
| 7 | management plan under this Section may, after 10 days' days | ||||||
| 8 | written notice receiving consent of the owner or occupant, | ||||||
| 9 | enter upon any lands or waters within the county for the | ||||||
| 10 | purpose of inspecting stormwater facilities or causing the | ||||||
| 11 | removal of any obstruction to an affected watercourse. If | ||||||
| 12 | consent is denied or cannot be reasonably obtained, the county | ||||||
| 13 | ordinance shall provide a process or procedure for an | ||||||
| 14 | administrative warrant to be obtained. The county shall be | ||||||
| 15 | responsible for any damages occasioned thereby. | ||||||
| 16 | (m) Except as otherwise provided in subsection (a) of this | ||||||
| 17 | Section, upon petition of the municipality, and based on a | ||||||
| 18 | finding of the stormwater management planning committee, the | ||||||
| 19 | county shall not enforce rules and regulations adopted by the | ||||||
| 20 | county in any municipality located wholly or partly within the | ||||||
| 21 | county that has a municipal stormwater management ordinance | ||||||
| 22 | that is consistent with and at least as stringent as the county | ||||||
| 23 | plan and ordinance, and is being enforced by the municipal | ||||||
| 24 | authorities. On issues that the county ordinance is more | ||||||
| 25 | stringent as deemed by the committee, the county shall only | ||||||
| 26 | enforce rules and regulations adopted by the county on the more | ||||||
| |||||||
| |||||||
| 1 | stringent issues and accept municipal permits. The county shall | ||||||
| 2 | have no more than 60 days to review permits or the permits | ||||||
| 3 | shall be deemed approved. | ||||||
| 4 | (n) A county may issue general obligation bonds for | ||||||
| 5 | implementing any stormwater plan adopted under this Section in | ||||||
| 6 | the manner prescribed in Section 5-1012; except that the | ||||||
| 7 | referendum requirement of Section 5-1012 does not apply to | ||||||
| 8 | bonds issued pursuant to this Section on which the principal | ||||||
| 9 | and interest are to be paid entirely out of funds generated by | ||||||
| 10 | the taxes and fees authorized by this Section. | ||||||
| 11 | (o) A county that has adopted a fee schedule pursuant to | ||||||
| 12 | this Section may not thereafter issue any bond extensions | ||||||
| 13 | related to implementing a stormwater management plan. | ||||||
| 14 | (p) The powers authorized by this Section may be | ||||||
| 15 | implemented by the county board for a portion of the county | ||||||
| 16 | subject to similar stormwater management needs. | ||||||
| 17 | (q) The powers and taxes authorized by this Section are in | ||||||
| 18 | addition to the powers and taxes authorized by Division 5-15; | ||||||
| 19 | in exercising its powers under this Section, a county shall not | ||||||
| 20 | be subject to the restrictions and requirements of that | ||||||
| 21 | Division. | ||||||
| 22 | (r) Stormwater management projects and actions related to | ||||||
| 23 | stormwater management in a county that has adopted a fee | ||||||
| 24 | schedule or tax pursuant to this Section prior to the effective | ||||||
| 25 | date of this amendatory Act of the 98th General Assembly are | ||||||
| 26 | not altered by this amendatory Act of the 98th General | ||||||
| |||||||
| |||||||
| 1 | Assembly.
| ||||||
| 2 | (Source: P.A. 98-335, eff. 8-13-13; revised 10-8-13.)
| ||||||
| 3 | (55 ILCS 5/5-1134) | ||||||
| 4 | Sec. 5-1134. Project labor agreements. | ||||||
| 5 | (a) Any sports, arts, or entertainment facilities that | ||||||
| 6 | receive revenue from a tax imposed under subsection (b) of | ||||||
| 7 | Section 5-1030 of this Code shall be considered to be public | ||||||
| 8 | works within the meaning of the Prevailing Wage Act. The county | ||||||
| 9 | authorities responsible for the construction, renovation, | ||||||
| 10 | modification, or alteration of the sports, arts, or | ||||||
| 11 | entertainment facilities shall enter into project labor | ||||||
| 12 | agreements with labor organizations as defined in the National | ||||||
| 13 | Labor Relations Act to assure that no labor dispute interrupts | ||||||
| 14 | or interferes with the construction, renovation, modification, | ||||||
| 15 | or alteration of the projects. | ||||||
| 16 | (b) The project labor agreements must include the | ||||||
| 17 | following: | ||||||
| 18 | (1) provisions establishing the minimum hourly wage | ||||||
| 19 | for each class of labor organization employees; | ||||||
| 20 | (2) provisions establishing the benefits and other | ||||||
| 21 | compensation for such class of labor organization; and | ||||||
| 22 | (3) provisions establishing that no strike or disputes | ||||||
| 23 | will be engaged in by the labor organization employees. | ||||||
| 24 | The county, taxing bodies, municipalities, and the labor | ||||||
| 25 | organizations shall have the authority to include other terms | ||||||
| |||||||
| |||||||
| 1 | and conditions as they deem necessary. | ||||||
| 2 | (c) The project labor agreement shall be filed with the | ||||||
| 3 | Director of the Illinois Department of Labor in accordance with | ||||||
| 4 | procedures established by the Department. At a minimum, the | ||||||
| 5 | project labor agreement must provide the names, addresses, and | ||||||
| 6 | occupations of the owner of the facilities and the individuals | ||||||
| 7 | representing the labor organization employees participating in | ||||||
| 8 | the project labor agreement. The agreement must also specify | ||||||
| 9 | the terms and conditions required in subsection (b) of this | ||||||
| 10 | Section. | ||||||
| 11 | (d) In any agreement for the construction or rehabilitation | ||||||
| 12 | of a facility using revenue generated under subsection (b) of | ||||||
| 13 | Section 5-1030 of this Code, in connection with the | ||||||
| 14 | prequalification of general contractors for construction or | ||||||
| 15 | rehabilitation of the facility, it shall be required that a | ||||||
| 16 | commitment will be submitted detailing how the general | ||||||
| 17 | contractor will expend 15% or more of the aggregate dollar | ||||||
| 18 | value of the project as a whole with one or more minority-owned | ||||||
| 19 | businesses, female-owned businesses, or businesses owned by a | ||||||
| 20 | person with a disability, as these terms are defined in Section | ||||||
| 21 | 2 of the Business Enterprise for Minorities, Females, and | ||||||
| 22 | Persons with Disabilities Act.
| ||||||
| 23 | (Source: P.A. 98-313, eff. 8-12-13.)
| ||||||
| 24 | (55 ILCS 5/5-1135) | ||||||
| 25 | Sec. 5-1135 5-1134. Borrowing from financial institutions. | ||||||
| |||||||
| |||||||
| 1 | The county board of a county may borrow money for any corporate | ||||||
| 2 | purpose from any bank or other financial institution provided | ||||||
| 3 | such money shall be repaid within 2 years from the time the | ||||||
| 4 | money is borrowed. The county board chairman or county | ||||||
| 5 | executive, as the case may be, shall execute a promissory note | ||||||
| 6 | or similar debt instrument, but not a bond, to evidence the | ||||||
| 7 | indebtedness incurred by the borrowing. The obligation to make | ||||||
| 8 | the payments due under the promissory note or other debt | ||||||
| 9 | instrument shall be a lawful direct general obligation of the | ||||||
| 10 | county payable from the general funds of the county and such | ||||||
| 11 | other sources of payment as are otherwise lawfully available. | ||||||
| 12 | The promissory note or other debt instrument shall be | ||||||
| 13 | authorized by an ordinance passed by the county board and shall | ||||||
| 14 | be valid whether or not an appropriation with respect to that | ||||||
| 15 | ordinance is included in any annual or supplemental | ||||||
| 16 | appropriation adopted by the county board. The indebtedness | ||||||
| 17 | incurred under this Section, when aggregated with the existing | ||||||
| 18 | indebtedness of the county, may not exceed any debt limitation | ||||||
| 19 | otherwise provided for by law. "Financial institution" means | ||||||
| 20 | any bank subject to the Illinois Banking Act, any savings and | ||||||
| 21 | loan association subject to the Illinois Savings and Loan Act | ||||||
| 22 | of 1985, any savings bank subject to the Savings Bank Act, any | ||||||
| 23 | credit union subject to the Illinois Credit Union Act, and any | ||||||
| 24 | federally chartered commercial bank, savings and loan | ||||||
| 25 | association, savings bank, or credit union organized and | ||||||
| 26 | operated in this State pursuant to the laws of the United | ||||||
| |||||||
| |||||||
| 1 | States.
| ||||||
| 2 | (Source: P.A. 98-525, eff. 8-23-13; revised 10-17-13.)
| ||||||
| 3 | (55 ILCS 5/5-12001.2) | ||||||
| 4 | Sec. 5-12001.2. Regulation of telecommunications | ||||||
| 5 | facilities; Lake County pilot project. In addition to any other | ||||||
| 6 | requirements under this Division concerning the regulation of | ||||||
| 7 | telecommunications facilities, the following applies to any | ||||||
| 8 | new telecommunications facilities in Lake County that are not | ||||||
| 9 | AM telecommunications towers or facilities: | ||||||
| 10 | (a) For every new wireless telecommunications facility | ||||||
| 11 | requiring a new tower structure, a telecommunications | ||||||
| 12 | carrier shall provide the county with documentation | ||||||
| 13 | consisting of the proposed location, a site plan, and an | ||||||
| 14 | elevation that sufficiently describes a proposed wireless | ||||||
| 15 | facility location. | ||||||
| 16 | (b) The county shall have 7 days to review the facility | ||||||
| 17 | proposal and contact the telecommunications carrier in | ||||||
| 18 | writing via e-mail or other written means as specified by | ||||||
| 19 | the telecommunications carrier. This written communication | ||||||
| 20 | shall either approve the proposed location or request a | ||||||
| 21 | meeting to review other possible alternative locations. If | ||||||
| 22 | requested, the meeting shall take place within 7 days after | ||||||
| 23 | the date of the written communication. | ||||||
| 24 | (c) At the meeting, the telecommunications carrier | ||||||
| 25 | shall provide the county documentation consisting of radio | ||||||
| |||||||
| |||||||
| 1 | frequency engineering criteria and a corresponding | ||||||
| 2 | telecommunications facility search ring map, together with | ||||||
| 3 | documentation of the carrier's efforts to site the proposed | ||||||
| 4 | facility within the telecommunications facility search | ||||||
| 5 | ring. | ||||||
| 6 | (d) Within 21 days after receipt of the carrier's | ||||||
| 7 | documentation, the county shall propose either an | ||||||
| 8 | alternative site within the telecommunications facility | ||||||
| 9 | search ring, or an alternative site outside of the | ||||||
| 10 | telecommunications search ring that meets the radio | ||||||
| 11 | frequency engineering criteria provided by the | ||||||
| 12 | telecommunications carrier and that will not materially | ||||||
| 13 | increase the construction budget beyond what was estimated | ||||||
| 14 | on the original carrier proposed site. | ||||||
| 15 | (e) If the county's proposed alternative site meets the | ||||||
| 16 | radio frequency engineering criteria provided by the | ||||||
| 17 | telecommunications carrier, and will not materially | ||||||
| 18 | increase the construction budget beyond what was estimated | ||||||
| 19 | on the original carrier proposed site, then the | ||||||
| 20 | telecommunications carrier shall agree to build the | ||||||
| 21 | facility at the alternative location, subject to the | ||||||
| 22 | negotiation of a lease with commercially reasonable terms | ||||||
| 23 | and the obtainment of the customary building permits. | ||||||
| 24 | (f) If the telecommunications carrier can demonstrate | ||||||
| 25 | that: (i) the county's proposed alternative site does not | ||||||
| 26 | meet the radio frequency engineering criteria, (ii) the | ||||||
| |||||||
| |||||||
| 1 | county's proposed alternative site will materially | ||||||
| 2 | increase the construction budget beyond what was estimated | ||||||
| 3 | on the original carrier proposed site, (iii) the county has | ||||||
| 4 | failed to provide an alternative alternate site, or (iv) | ||||||
| 5 | after a period of 90 days after receipt of the alternative | ||||||
| 6 | site, the telecommunications carrier has failed, after | ||||||
| 7 | acting in good faith and with due diligence, to obtain a | ||||||
| 8 | lease or, at a minimum, a letter of intent to lease the | ||||||
| 9 | alternative site at lease rates not materially greater than | ||||||
| 10 | the lease rate for the original proposed site; then the | ||||||
| 11 | carrier can proceed to permit and construct the site under | ||||||
| 12 | the provisions and standards of Section 5-12001.1 of this | ||||||
| 13 | Code.
| ||||||
| 14 | (Source: P.A. 98-197, eff. 8-9-13; revised 10-8-13.)
| ||||||
| 15 | (55 ILCS 5/5-44020) | ||||||
| 16 | Sec. 5-44020. Definitions. In this Division 5-44: | ||||||
| 17 | "Fire protection jurisdiction" means a fire protection | ||||||
| 18 | district, municipal fire department, or service organized | ||||||
| 19 | under Section 5-1056.1 of the Counties Code, Sections 195 and | ||||||
| 20 | 200 of the Township Code, Section 10-2.1 of the Illinois | ||||||
| 21 | Municipal Code, or the Illinois Fire Protection District Act. | ||||||
| 22 | "Governing board" means the individual or individuals who | ||||||
| 23 | constitute the
corporate authorities of a unit of local | ||||||
| 24 | government. ; and | ||||||
| 25 | "Unit of local government" or "unit" means any unit of | ||||||
| |||||||
| |||||||
| 1 | local government located entirely within one county, to which | ||||||
| 2 | the county board chairman or county executive directly appoints | ||||||
| 3 | a majority of its governing board with the advice and consent | ||||||
| 4 | of the county board, but shall not include a fire protection | ||||||
| 5 | district that directly employs any regular full-time employees | ||||||
| 6 | or a special district organized under the Water Commission Act | ||||||
| 7 | of 1985.
| ||||||
| 8 | (Source: P.A. 98-126, eff. 8-2-13; revised 9-13-13.)
| ||||||
| 9 | (55 ILCS 5/6-27005) (from Ch. 34, par. 6-27005)
| ||||||
| 10 | Sec. 6-27005. Transfer to general corporate fund. Moneys | ||||||
| 11 | shall be transferred from said working cash fund to
the general | ||||||
| 12 | corporate fund only upon the authority of the county board,
| ||||||
| 13 | which shall from time to time by separate resolution direct the | ||||||
| 14 | county
treasurer to make transfers of such sums as may be | ||||||
| 15 | required for the
purposes herein authorized. Every such | ||||||
| 16 | resolution shall set forth (a)
the taxes or other moneys in | ||||||
| 17 | anticipation of the collection or receipt
of which such | ||||||
| 18 | transfer is to be made and from which such working cash
fund is | ||||||
| 19 | to be reimbursed, (b) with respect only to transfers made in
| ||||||
| 20 | anticipation of the levy of real property taxes, the entire | ||||||
| 21 | amount of
taxes extended or which the county board estimates | ||||||
| 22 | will be extended, for
any year, by the county clerk upon the | ||||||
| 23 | books of the collectors of State
and county taxes within such | ||||||
| 24 | county, in anticipation of the collection
of all or part of | ||||||
| 25 | which such transfer is to be made, (c) the aggregate
amount of | ||||||
| |||||||
| |||||||
| 1 | warrants theretofore issued in anticipation of the collection
| ||||||
| 2 | of such taxes, together with the amount of interest accrued, | ||||||
| 3 | and/or
which the county board estimates will accrue, thereon, | ||||||
| 4 | (d) the aggregate
amount of notes theretofore issued in | ||||||
| 5 | anticipation of the collection of
such taxes, together with the | ||||||
| 6 | amount of the interest accrued, and/or
which the county board | ||||||
| 7 | estimates will accrue, thereon, and (e) the
amount of moneys, | ||||||
| 8 | which the county board estimates will be earned by the
county | ||||||
| 9 | clerk and the county collector, respectively, as fees or
| ||||||
| 10 | commissions for extending or collecting taxes for any year, in
| ||||||
| 11 | anticipation of the receipt of all or part of which such | ||||||
| 12 | transfer is to
be made, (f) the amount of such taxes, as by law | ||||||
| 13 | now or hereafter
enacted or amended, imposed by the General | ||||||
| 14 | Assembly of the State of
Illinois to replace revenue lost by | ||||||
| 15 | units of local government and school
districts as a result of | ||||||
| 16 | the abolition of ad valorem personal property
taxes, pursuant | ||||||
| 17 | to Article IX, Section 5(c) of the Constitution of the
State of | ||||||
| 18 | Illinois which the county board estimates will be received by
| ||||||
| 19 | the county for any year, (g) the aggregate amount of receipts | ||||||
| 20 | from taxes
imposed to replace revenue lost by units of local | ||||||
| 21 | government and school
districts as a result of the abolition of | ||||||
| 22 | ad valorem personal property
taxes, pursuant to Article IX, | ||||||
| 23 | Section 5(c) of the Constitution of the
State of Illinois, | ||||||
| 24 | which the corporate authorities estimate will be set
aside for | ||||||
| 25 | the payment of the proportionate amount of debt service and
| ||||||
| 26 | pension or retirement obligations, as required by Section 12 of | ||||||
| |||||||
| |||||||
| 1 | "An Act in
relation to State Revenue Sharing with local | ||||||
| 2 | government entities", approved
July 31, 1969, as amended, and | ||||||
| 3 | (h) the aggregate amount of moneys
theretofore transferred from | ||||||
| 4 | the working cash fund to the general corporate
fund in | ||||||
| 5 | anticipation of the collection of such taxes or of the receipt | ||||||
| 6 | of
such other moneys to be derived from fees or commissions or | ||||||
| 7 | of the receipt
of such taxes, as by law now or hereafter | ||||||
| 8 | enacted or amended, imposed by
the General Assembly of the | ||||||
| 9 | State of Illinois to replace revenue lost by
units of local | ||||||
| 10 | government and school districts as a result of the abolition
of | ||||||
| 11 | ad valorem personal property taxes, pursuant to Article IX, | ||||||
| 12 | Section 5(c)
of the Constitution of the State of Illinois. The | ||||||
| 13 | amount which any such
resolution shall direct the county | ||||||
| 14 | treasurer so to transfer, in
anticipation of the collection of | ||||||
| 15 | taxes levied for any year, together with
the aggregate amount | ||||||
| 16 | of such anticipation tax warrants and notes
theretofore drawn | ||||||
| 17 | against such taxes and the amount of the interest
accrued,, and | ||||||
| 18 | the aggregate amount of such transfers theretofore made in
| ||||||
| 19 | anticipation of the collection of such taxes, shall not exceed | ||||||
| 20 | ninety (90)
per centum of the actual or estimated amount of | ||||||
| 21 | such taxes extended or to
be extended, as set forth in such | ||||||
| 22 | resolution. The amount which any such
resolution shall direct | ||||||
| 23 | the county treasurer so to transfer, in
anticipation of the | ||||||
| 24 | receipt of any moneys to be derived from fees or
commissions, | ||||||
| 25 | or of the receipt of such taxes, as by law now or hereafter
| ||||||
| 26 | enacted or amended, imposed by the General Assembly of the | ||||||
| |||||||
| |||||||
| 1 | State of
Illinois to replace revenue lost by units of local | ||||||
| 2 | government and school
districts as a result of the abolition of | ||||||
| 3 | ad valorem personal property
taxes, pursuant to Article IX, | ||||||
| 4 | Section 5(c) of the Constitution of the
State of Illinois | ||||||
| 5 | together with the aggregate amount theretofore
transferred in | ||||||
| 6 | anticipation of the receipt of any such moneys and the
amount | ||||||
| 7 | estimated to be required to satisfy debt service and pension or
| ||||||
| 8 | retirement obligations, as set forth in Section 12 of "An Act | ||||||
| 9 | in relation
to State revenue sharing with local government | ||||||
| 10 | entities", approved July
31, 1969, as amended, shall not exceed | ||||||
| 11 | the total amount which it is so
estimated will be received from | ||||||
| 12 | such sources. To the extent that at any
time moneys are | ||||||
| 13 | available in the working cash fund they shall be
transferred to | ||||||
| 14 | the general corporate fund and disbursed for the payment of
| ||||||
| 15 | salaries and other corporate expenses so as to avoid, whenever | ||||||
| 16 | possible,
the issuance of anticipation tax warrants or notes.
| ||||||
| 17 | (Source: P.A. 86-962; revised 10-8-13.)
| ||||||
| 18 | Section 235. The Township Code is amended by changing | ||||||
| 19 | Section 27-10 as follows:
| ||||||
| 20 | (60 ILCS 1/27-10) | ||||||
| 21 | Sec. 27-10. Petition and referendum to discontinue and | ||||||
| 22 | abolish a township organization within a coterminous | ||||||
| 23 | municipality. Upon adoption of an ordinance adopted by the city | ||||||
| 24 | council of a township described under Section 27-5 of this | ||||||
| |||||||
| |||||||
| 1 | Article, or upon petition of at least 10% of the registered | ||||||
| 2 | voters of that township, the city council shall certify and | ||||||
| 3 | cause to be submitted to the voters of the township, at the | ||||||
| 4 | next election or consolidated election, a proposition to | ||||||
| 5 | discontinue and abolish the township organization and to | ||||||
| 6 | transfer all the rights, powers, duties, assets, property, | ||||||
| 7 | liabilities, obligations, and responsibilities of the township | ||||||
| 8 | organization to the coterminous municipality. | ||||||
| 9 | A signature on a petition shall not be valid or counted in | ||||||
| 10 | considering the petition unless the form requirements are | ||||||
| 11 | complied with and the date of each signature is less than 90 | ||||||
| 12 | days before the last day for filing the petition. The statement | ||||||
| 13 | of the person who circulates the petition must include an | ||||||
| 14 | attestation (i) indicating the dates on which that sheet was | ||||||
| 15 | circulated, (ii) indicating the first and last date on which | ||||||
| 16 | that sheet was circulated, or (iii) certifying that none of the | ||||||
| 17 | signatures on the sheet was signed more than 90 days before the | ||||||
| 18 | last day for filing the petition. The petition shall be treated | ||||||
| 19 | and the proposition certified in the manner provided by the | ||||||
| 20 | general election law. After the proposition has once been | ||||||
| 21 | submitted to the electorate, the proposition shall not be | ||||||
| 22 | resubmitted for 4 years. | ||||||
| 23 | The proposition shall be in substantially the following | ||||||
| 24 | form: | ||||||
| 25 | Shall the township organization be continued in [Name | ||||||
| 26 | of Township] Township? | ||||||
| |||||||
| |||||||
| 1 | The votes shall be recorded as "Yes" or "No".
| ||||||
| 2 | (Source: P.A. 98-127, eff. 8-2-13; revised 10-8-13.)
| ||||||
| 3 | Section 240. The Illinois Municipal Code is amended by | ||||||
| 4 | changing Section 11-80-9 as follows:
| ||||||
| 5 | (65 ILCS 5/11-80-9) (from Ch. 24, par. 11-80-9)
| ||||||
| 6 | Sec. 11-80-9.
The corporate authorities of each | ||||||
| 7 | municipality may prevent
and regulate all amusements and | ||||||
| 8 | activities having a tendency to annoy or
endanger persons or | ||||||
| 9 | property on the sidewalks, streets, and other municipal
| ||||||
| 10 | property. However, no municipality may prohibit a charitable | ||||||
| 11 | organization, as defined in Section 2 of the Charitable Games | ||||||
| 12 | Act, from soliciting for charitable purposes, including | ||||||
| 13 | solicitations taking place on public roadways from passing | ||||||
| 14 | motorists, if all of the following requirements are met.
| ||||||
| 15 | (1) The persons to be engaged in the solicitation are | ||||||
| 16 | law enforcement personnel, firefighters, or other persons | ||||||
| 17 | employed to protect the public safety of a local agency, | ||||||
| 18 | and that are soliciting solely in an area that is within | ||||||
| 19 | the service area of that local agency. | ||||||
| 20 | (2) The charitable organization files an application | ||||||
| 21 | with the municipality having jurisdiction over the | ||||||
| 22 | location or locations where the solicitation is to occur. | ||||||
| 23 | The application applications shall be filed not later than | ||||||
| 24 | 10 business days before the date that the solicitation is | ||||||
| |||||||
| |||||||
| 1 | to begin and shall include all of the following: | ||||||
| 2 | (A) The date or dates and times of day when the | ||||||
| 3 | solicitation is to occur. | ||||||
| 4 | (B) The location or locations where the | ||||||
| 5 | solicitation is to occur along with a list of 3 | ||||||
| 6 | alternate locations listed in order of preference. | ||||||
| 7 | (C) The manner and conditions under which the | ||||||
| 8 | solicitation is to occur. | ||||||
| 9 | (D) Proof of a valid liability insurance policy in | ||||||
| 10 | the amount of at least $1,000,000 insuring the charity | ||||||
| 11 | or local agency against bodily injury and property | ||||||
| 12 | damage arising out of or in connection with the | ||||||
| 13 | solicitation. | ||||||
| 14 | The municipality shall approve the application within 5 | ||||||
| 15 | business days after the filing date of the application, but may | ||||||
| 16 | impose reasonable conditions in writing that are consistent | ||||||
| 17 | with the intent of this Section and are based on articulated | ||||||
| 18 | public safety concerns. If the municipality determines that the | ||||||
| 19 | applicant's location cannot be permitted due to significant | ||||||
| 20 | safety concerns, such as high traffic volumes, poor geometrics, | ||||||
| 21 | construction, maintenance operations, or past accident | ||||||
| 22 | history, then the municipality may deny the application for | ||||||
| 23 | that location and must approve one of the 3 alternate locations | ||||||
| 24 | following the order of preference submitted by the applicant on | ||||||
| 25 | the alternate location list. By acting under this Section, a | ||||||
| 26 | local agency does not waive or limit any immunity from | ||||||
| |||||||
| |||||||
| 1 | liability provided by any other provision of law. | ||||||
| 2 | (3) For purposes of this Section, "local agency" means a | ||||||
| 3 | municipality, special district, fire district, joint powers of | ||||||
| 4 | authority, or other political subdivision of the State of | ||||||
| 5 | Illinois. | ||||||
| 6 | A home rule unit may not regulate a charitable organization | ||||||
| 7 | in a manner that is inconsistent with this Section. This | ||||||
| 8 | Section is a limitation under subsection (i) of Section 6 of | ||||||
| 9 | Article VII of the Illinois Constitution on the concurrent | ||||||
| 10 | exercise by home rule units of powers and functions exercised | ||||||
| 11 | by the State. | ||||||
| 12 | (Source: P.A. 97-692, eff. 6-15-12; 98-134, eff. 8-2-13; | ||||||
| 13 | revised 10-8-13.)
| ||||||
| 14 | Section 245. The Fire Protection District Act is amended by | ||||||
| 15 | changing Sections 8.20 and 11j as follows:
| ||||||
| 16 | (70 ILCS 705/8.20)
| ||||||
| 17 | Sec. 8.20. Open burning.
| ||||||
| 18 | (a) The board of trustees of any fire protection district | ||||||
| 19 | incorporated under
this Act may, by ordinance,
require that the | ||||||
| 20 | district be notified of open burning within the district
before | ||||||
| 21 | it takes
place, but shall not require that a permit for open | ||||||
| 22 | burning be
obtained from the
district. The district may
not | ||||||
| 23 | enforce an ordinance adopted under this Section within the | ||||||
| 24 | corporate limits
of a county with a population of 3,000,000 or | ||||||
| |||||||
| |||||||
| 1 | more or a municipality
with a population of 1,000,000 or more.
| ||||||
| 2 | (b) The fire department of a fire protection district may | ||||||
| 3 | extinguish any
open burn that presents a clear, present, and | ||||||
| 4 | unreasonable danger to persons or
adjacent property or
that | ||||||
| 5 | presents an unreasonable risk because of wind, weather, or the | ||||||
| 6 | types of
combustibles. The
unreasonable risk may include the | ||||||
| 7 | height of flames, windblown embers, the
creation of hazardous
| ||||||
| 8 | fumes, or an unattended fire. Fire departments may not | ||||||
| 9 | unreasonably interfere
with permitted and
legal open burning.
| ||||||
| 10 | (c) The fire protection district may provide that persons | ||||||
| 11 | setting open burns
on
any agricultural
land with an area of 50 | ||||||
| 12 | acres or more may voluntarily comply with the
provisions of an | ||||||
| 13 | ordinance
adopted under this Section.
| ||||||
| 14 | (d) The fire chief or any other designated officer of a | ||||||
| 15 | fire department of any fire protection district incorporated | ||||||
| 16 | under this Act may, with the authorization of the board of | ||||||
| 17 | trustees of the fire protection district, prohibit open burning | ||||||
| 18 | within the district on an emergency basis, for a limited period | ||||||
| 19 | of time, if (i) the atmospheric conditions or other | ||||||
| 20 | circumstances create an unreasonable risk of fire because of | ||||||
| 21 | wind, weather, or the types of combustibles and (ii) the | ||||||
| 22 | resources of the fire department are not sufficient to control | ||||||
| 23 | and suppress a fire resulting from one or more of the | ||||||
| 24 | conditions or circumstances described in clause (i) of this | ||||||
| 25 | subsection. For the purposes of this subsection, "open burning" | ||||||
| 26 | includes, but is not limited to, the burning of landscape | ||||||
| |||||||
| |||||||
| 1 | waste, agricultural waste, household trash, and garbage. | ||||||
| 2 | (e) The fire chief or any other designated officer of a | ||||||
| 3 | fire department of any fire protection district incorporated | ||||||
| 4 | under this Act may fix, charge, and collect fees associated | ||||||
| 5 | with the fire department extinguishing an open burning that is | ||||||
| 6 | prohibited under subsection (d) of this Section. The fee may be | ||||||
| 7 | imposed against any person causing or engaging in the | ||||||
| 8 | prohibited activity. The total amount collected for | ||||||
| 9 | compensation of the fire protection district shall be assessed | ||||||
| 10 | in accordance with both the rates provided in Section 11f(c) of | ||||||
| 11 | this Act and the fire chief's determination of the cost of | ||||||
| 12 | personnel and equipment utilized to extinguish the fire. | ||||||
| 13 | (f) This Section does not authorize the open burning of any | ||||||
| 14 | waste. The open burning of waste is subject to the restrictions | ||||||
| 15 | and prohibitions of the Environmental Protection Act and the | ||||||
| 16 | rules and regulations adopted under its authority. | ||||||
| 17 | (Source: P.A. 97-488, eff. 1-1-12; 98-279, eff. 8-9-13; revised | ||||||
| 18 | 10-8-13.)
| ||||||
| 19 | (70 ILCS 705/11j) | ||||||
| 20 | Sec. 11j. Installation of access or key boxes. The board of | ||||||
| 21 | trustees of any fire protection district may, by ordinance, | ||||||
| 22 | require the installation of an access or key box if: (1) a | ||||||
| 23 | structure is protected by an automatic fire alarm or security | ||||||
| 24 | system or access to or within the structure or area is unduly | ||||||
| 25 | difficult because of secured openings; and (2) immediate access | ||||||
| |||||||
| |||||||
| 1 | is necessary for life-saving purposes. In the case of a health | ||||||
| 2 | care facility that is secured by an electronic code box that is | ||||||
| 3 | in good working order, if the owner of the health care facility | ||||||
| 4 | provides the fire department with a valid access code, then | ||||||
| 5 | that health care facility is not required to be accessible by | ||||||
| 6 | an access or key box. For the purposes of this Section, "health | ||||||
| 7 | care facility" means: a hospital licensed under the Hospital | ||||||
| 8 | Licensing Act or the University of Illinois Hospital Act; a | ||||||
| 9 | nursing home or long-term care facility licensed under the | ||||||
| 10 | Nursing Home Care Act; an assisted living establishment, as | ||||||
| 11 | defined in the Assisted Living and Shared Housing Act; a mental | ||||||
| 12 | health facility, as defined in the Mental Health and | ||||||
| 13 | Developmental Disabilities Code; a supportive living facility | ||||||
| 14 | certified to participate in the supportive living facilities | ||||||
| 15 | program under Section 5-5.01a of the Illinois Public Aid Code; | ||||||
| 16 | or a facility licensed under the Specialized Mental Health | ||||||
| 17 | Rehabilitation Act of 2013. "Access or key box" means a secure | ||||||
| 18 | device with a lock operable only by a fire department master | ||||||
| 19 | key, and containing building entry keys and other keys that may | ||||||
| 20 | be required for access in an emergency. | ||||||
| 21 | The access or key box shall be of an approved type listed | ||||||
| 22 | in accordance with the most recently published version of the | ||||||
| 23 | standard Underwriters Laboratories 1037 and shall contain keys | ||||||
| 24 | to gain access as required by the fire chief of the fire | ||||||
| 25 | protection district, or his or her designee. | ||||||
| 26 | An ordinance enacted under this Section may specify | ||||||
| |||||||
| |||||||
| 1 | particular classes or types of structures or occupancies that | ||||||
| 2 | are required to install an access or key box. However, an | ||||||
| 3 | ordinance enacted under this Section shall not apply to single | ||||||
| 4 | family residential structures or to facilities owned or | ||||||
| 5 | operated by a public utility, as that term is defined under | ||||||
| 6 | Section 3-105 of the Public Utilities Act.
| ||||||
| 7 | (Source: P.A. 98-388, eff. 8-16-13; revised 10-8-13.)
| ||||||
| 8 | Section 250. The Park District Code is amended by changing | ||||||
| 9 | Section 11.2-1 as follows:
| ||||||
| 10 | (70 ILCS 1205/11.2-1) (from Ch. 105, par. 11.2-1)
| ||||||
| 11 | Sec. 11.2-1.
In each park district a fund to be known as a | ||||||
| 12 | "Working
Cash Fund" may be created, set apart, maintained and | ||||||
| 13 | administered in the
manner prescribed in this Article, for the | ||||||
| 14 | purpose of enabling the district
to have in its treasury at all | ||||||
| 15 | times time sufficient money to meet demands thereon
for | ||||||
| 16 | ordinary and necessary expenditures for corporate purposes.
| ||||||
| 17 | (Source: P.A. 79-1379; revised 9-24-13.)
| ||||||
| 18 | Section 255. The Elmwood Park Grade Separation Authority | ||||||
| 19 | Act is amended by changing Sections 10, 50, and 60 as follows:
| ||||||
| 20 | (70 ILCS 1935/10)
| ||||||
| 21 | Sec. 10. Legislative declaration. The General Assembly | ||||||
| 22 | declares that the welfare, health, prosperity, and moral and | ||||||
| |||||||
| |||||||
| 1 | general well being of the people of the State are, in large | ||||||
| 2 | measure, dependent upon the sound and orderly development of | ||||||
| 3 | municipal areas. The Village of Elmwood Park, by reason of the | ||||||
| 4 | location there of Grand Avenue and its use for vehicular travel | ||||||
| 5 | in access to the entire west metropolitan Chicago area, | ||||||
| 6 | including municipalities in 2 counties, as well as commercial | ||||||
| 7 | and industrial growth patterns and accessibility to O'Hare | ||||||
| 8 | International Airport, manufacturing and freight related | ||||||
| 9 | services, has become and will increasingly be the hub of | ||||||
| 10 | transportation from all parts of the region and throughout the | ||||||
| 11 | west metropolitan area. Motor vehicle traffic, pedestrian | ||||||
| 12 | travel, and the safety of both motorists and pedestrians are | ||||||
| 13 | substantially aggravated by the location of a major railroad | ||||||
| 14 | right-of-way that divides the Village into north and south | ||||||
| 15 | halves. The presence of the railroad right-of-way has | ||||||
| 16 | effectively impeded the development of highway usage and | ||||||
| 17 | rights-of-way and is detrimental to the orderly expansion of | ||||||
| 18 | industry and commerce and to progress throughout the region. | ||||||
| 19 | Additionally, the railroad grade crossing located on Grand | ||||||
| 20 | Avenue within the Village of Elmwood Park has posed a | ||||||
| 21 | significant safety hazard to the public. The Illinois Commerce | ||||||
| 22 | Commission Collision History illustrates that there have been 8 | ||||||
| 23 | fatalities and 29 injuries since 1956 at the railroad grade | ||||||
| 24 | crossing located on Grand Avenue within the Village. The | ||||||
| 25 | presence of the railroad right-of-way at grade crossing within | ||||||
| 26 | the Village is detrimental to the safety of the public, as well | ||||||
| |||||||
| |||||||
| 1 | as to the orderly expansion of industry and commerce and to | ||||||
| 2 | progress of the region. To alleviate this situation, it is | ||||||
| 3 | necessary to separate the grade crossing on Grand Avenue within | ||||||
| 4 | the Village, to relocate the railroad tracks and right-of-way, | ||||||
| 5 | and to acquire property for separation of the railroad or | ||||||
| 6 | highway, and to create an agency to facilitate and accomplish | ||||||
| 7 | that grade separation.
| ||||||
| 8 | (Source: P.A. 98-564, eff. 8-27-13; revised 10-8-13.)
| ||||||
| 9 | (70 ILCS 1935/50)
| ||||||
| 10 | Sec. 50. Board; composition; qualification; compensation | ||||||
| 11 | and expenses. The Authority shall be governed by a 9-member | ||||||
| 12 | board consisting of members appointed by the Governor with the | ||||||
| 13 | advice and consent of the Senate. Five members shall be voting | ||||||
| 14 | members and 4 members shall be non-voting members. The voting | ||||||
| 15 | members shall consist of the following: | ||||||
| 16 | (1) two former public officials who served within the | ||||||
| 17 | Township of Leyden or the Village of Elmwood Park and are | ||||||
| 18 | recommended to the Governor by the Village President of the | ||||||
| 19 | Village of Elmwood Park; | ||||||
| 20 | (2) two prior employees of Canadian Pacific Railway | ||||||
| 21 | with management experience; and | ||||||
| 22 | (3) one resident of the Township of Leyden or the | ||||||
| 23 | Village of Elmwood Park. | ||||||
| 24 | The non-voting members shall consist of the following: | ||||||
| 25 | (1) the Village President of the Village of Elmwood | ||||||
| |||||||
| |||||||
| 1 | Park; | ||||||
| 2 | (2) one current employee of Canadian Pacific Railway | ||||||
| 3 | with management experience; | ||||||
| 4 | (3) one current employee of Northeast Illinois | ||||||
| 5 | Regional Commuter Railroad Corporation with management | ||||||
| 6 | experience; and | ||||||
| 7 | (4) one current employee of the Department of | ||||||
| 8 | Transportation with management experience. | ||||||
| 9 | The members of the board shall serve without compensation, | ||||||
| 10 | but may be reimbursed for actual expenses incurred by them in | ||||||
| 11 | the performance of their duties prescribed by the Authority. | ||||||
| 12 | However, any member of the board who serves as secretary or | ||||||
| 13 | treasurer may receive compensation for services as that | ||||||
| 14 | officer.
| ||||||
| 15 | (Source: P.A. 98-564, eff. 8-27-13; revised 10-17-13.)
| ||||||
| 16 | (70 ILCS 1935/60)
| ||||||
| 17 | Sec. 60. Organization; chair and temporary secretary. As | ||||||
| 18 | soon as possible after the effective date of this amendatory | ||||||
| 19 | Act of the 98th General Assembly, the board shall organize for | ||||||
| 20 | the transaction of business, select a chair from its voting | ||||||
| 21 | members and a temporary secretary from its own number, and | ||||||
| 22 | adopt bylaws to govern its proceedings. The initial chair and | ||||||
| 23 | successors shall be elected by the board from time to time from | ||||||
| 24 | among members. The Authority may act through its board members | ||||||
| 25 | by entering into an agreement that a member act on the | ||||||
| |||||||
| |||||||
| 1 | Authority's behalf, in which instance the act or performance | ||||||
| 2 | directed shall be deemed to be exclusively of, for, and by the | ||||||
| 3 | Authority and not the individual act of the member or its | ||||||
| 4 | represented person.
| ||||||
| 5 | (Source: P.A. 98-564, eff. 8-27-13; revised 10-8-13.)
| ||||||
| 6 | Section 260. The Rescue Squad Districts Act is amended by | ||||||
| 7 | changing Section 12 as follows:
| ||||||
| 8 | (70 ILCS 2005/12) (from Ch. 85, par. 6862)
| ||||||
| 9 | Sec. 12.
A district organized under
this Act, in the | ||||||
| 10 | preparation of its annual budget and appropriation ordinance,
| ||||||
| 11 | may provide that an amount equal to not more than 0.5%
of the | ||||||
| 12 | total equalized assessed value of real property situated in the | ||||||
| 13 | district
shall be allocated to and accumulated in an a | ||||||
| 14 | Equipment Repair or
Replacement Fund for the purposes of | ||||||
| 15 | equipment repairs
or replacements of specific types of district | ||||||
| 16 | equipment.
Expenditures from the Equipment Repair or
| ||||||
| 17 | Replacement Fund shall be budgeted and appropriated for the | ||||||
| 18 | fiscal year
in which the equipment repair or replacement will | ||||||
| 19 | occur. Upon
completion or abandonment of any object or purpose | ||||||
| 20 | for which an Equipment
Repair or Replacement Fund has been | ||||||
| 21 | initiated, monies remaining in the
fund shall be transferred | ||||||
| 22 | into the general corporate fund of the district on
the first | ||||||
| 23 | day of the fiscal year following the abandonment or completion
| ||||||
| 24 | resulting in the surplus moneys in such fund.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 86-916; revised 10-8-13.)
| ||||||
| 2 | Section 265. The Regional Transportation Authority Act is | ||||||
| 3 | amended by changing Section 3B.09b as follows:
| ||||||
| 4 | (70 ILCS 3615/3B.09b) | ||||||
| 5 | Sec. 3B.09b. Payment of fares by credit card. | ||||||
| 6 | (a) By February 28, 2010, the Commuter Rail Board shall | ||||||
| 7 | allow passengers to purchase fares by credit card (i) through | ||||||
| 8 | an Internet website operated by the Board, (ii) at its LaSalle | ||||||
| 9 | Street Station, Union Station, Ogilvie Transportation Center, | ||||||
| 10 | and Millennium Millenium Station, (iii) at stations with | ||||||
| 11 | agents, and (iv) from vending machines capable of providing | ||||||
| 12 | fares by credit card at the 14 largest stations on the Metra | ||||||
| 13 | Electric Line. | ||||||
| 14 | (b) The Board may not require a passenger who chooses to | ||||||
| 15 | purchase a fare by credit card to pay an additional fee.
| ||||||
| 16 | (Source: P.A. 96-621, eff. 1-1-10; revised 9-13-13.)
| ||||||
| 17 | Section 270. The School Code is amended by setting forth | ||||||
| 18 | and renumbering multiple versions of Section 2-3.157 and by | ||||||
| 19 | changing Sections 10-19, 20-1, 21B-30, and 27-24 as follows:
| ||||||
| 20 | (105 ILCS 5/2-3.157) | ||||||
| 21 | Sec. 2-3.157. (Repealed). | ||||||
| 22 | (Source: P.A. 98-578, eff. 8-27-13. Repealed internally, eff. | ||||||
| |||||||
| |||||||
| 1 | 1-2-14.)
| ||||||
| 2 | (105 ILCS 5/2-3.158) | ||||||
| 3 | (Section scheduled to be repealed on May 31, 2015) | ||||||
| 4 | Sec. 2-3.158 2-3.157. Task Force on Civic Education. | ||||||
| 5 | (a) The State Board of Education shall establish the Task | ||||||
| 6 | Force on Civic Education, to be comprised of all of the | ||||||
| 7 | following members, with an emphasis on bipartisan legislative | ||||||
| 8 | representation and diverse non-legislative stakeholder | ||||||
| 9 | representation: | ||||||
| 10 | (1) One member appointed by the Speaker of the House of | ||||||
| 11 | Representatives. | ||||||
| 12 | (2) One member appointed by the President of the | ||||||
| 13 | Senate. | ||||||
| 14 | (3) One member appointed by the Minority Leader of the | ||||||
| 15 | House of Representatives. | ||||||
| 16 | (4) One member appointed by the Minority Leader of the | ||||||
| 17 | Senate. | ||||||
| 18 | (5) One member appointed by the head of an association | ||||||
| 19 | representing a teachers union. | ||||||
| 20 | (6) One member appointed by the head of an association | ||||||
| 21 | representing the Chicago Teachers Union. | ||||||
| 22 | (7) One member appointed by the head of an association | ||||||
| 23 | representing social studies teachers. | ||||||
| 24 | (8) One member appointed by the head of an association | ||||||
| 25 | representing school boards. | ||||||
| |||||||
| |||||||
| 1 | (9) One member appointed by the head of an association | ||||||
| 2 | representing the media. | ||||||
| 3 | (10) One member appointed by the head of an association | ||||||
| 4 | representing the non-profit sector that promotes civic | ||||||
| 5 | education as a core mission. | ||||||
| 6 | (11) One member appointed by the head of an association | ||||||
| 7 | representing the non-profit sector that promotes civic | ||||||
| 8 | engagement among the general public. | ||||||
| 9 | (12) One member appointed by the president of an | ||||||
| 10 | institution of higher education who teaches college or | ||||||
| 11 | graduate-level government courses or facilitates a program | ||||||
| 12 | dedicated to cultivating civic leaders. | ||||||
| 13 | (13) One member appointed by the head of an association | ||||||
| 14 | representing principals or district superintendents. | ||||||
| 15 | (b) The members of the Task Force shall serve without | ||||||
| 16 | compensation but shall be reimbursed for their reasonable and | ||||||
| 17 | necessary expenses from funds appropriated to the State Board | ||||||
| 18 | of Education for that purpose. The members of the Task Force | ||||||
| 19 | shall be reimbursed for their travel expenses from | ||||||
| 20 | appropriations to the State Board of Education available for | ||||||
| 21 | that purpose and subject to the rules of the appropriate travel | ||||||
| 22 | control board. | ||||||
| 23 | (c) The members of the Task Force shall be considered | ||||||
| 24 | members with voting rights. A quorum of the Task Force shall | ||||||
| 25 | consist of a simple majority of the members of the Task Force. | ||||||
| 26 | All actions and recommendations of the Task Force must be | ||||||
| |||||||
| |||||||
| 1 | approved by a simple majority vote of the members. | ||||||
| 2 | (d) The Task Force shall meet initially at the call of the | ||||||
| 3 | State Superintendent of Education, shall elect one member as | ||||||
| 4 | chairperson at its initial meeting through a simple majority | ||||||
| 5 | vote of the Task Force, and shall thereafter meet at the call | ||||||
| 6 | of the chairperson. | ||||||
| 7 | (e) The State Board of Education shall provide | ||||||
| 8 | administrative and other support to the Task Force. | ||||||
| 9 | (f) The Task Force is charged with all of the following | ||||||
| 10 | tasks: | ||||||
| 11 | (1) To analyze the current state of civic education in | ||||||
| 12 | this State. | ||||||
| 13 | (2) To analyze current civic education laws in other | ||||||
| 14 | jurisdictions, both mandated and permissive. | ||||||
| 15 | (3) To identify best practices in civic education in | ||||||
| 16 | other jurisdictions. | ||||||
| 17 | (4) To make recommendations to the General Assembly | ||||||
| 18 | focused on substantially increasing civic literacy and the | ||||||
| 19 | capacity of youth to obtain the requisite knowledge, | ||||||
| 20 | skills, and practices to be civically informed members of | ||||||
| 21 | the public. | ||||||
| 22 | (5) To make funding recommendations if the Task Force's | ||||||
| 23 | recommendations to the General Assembly would require a | ||||||
| 24 | fiscal commitment. | ||||||
| 25 | (g) No later than May 31, 2014, the Task Force shall | ||||||
| 26 | summarize its findings and recommendations in a report to the | ||||||
| |||||||
| |||||||
| 1 | General Assembly, filed as provided in Section 3.1 of the | ||||||
| 2 | General Assembly Organization Act. Upon filing its report, the | ||||||
| 3 | Task Force is dissolved. | ||||||
| 4 | (h) This Section is repealed on May 31, 2015.
| ||||||
| 5 | (Source: P.A. 98-301, eff. 8-9-13; revised 10-4-13.)
| ||||||
| 6 | (105 ILCS 5/2-3.159) | ||||||
| 7 | Sec. 2-3.159 2-3.157. State Seal of Biliteracy. | ||||||
| 8 | (a) In this Section, "foreign language" means any language | ||||||
| 9 | other than English, including all modern languages, Latin, | ||||||
| 10 | American Sign Language, Native American languages, and native | ||||||
| 11 | languages. | ||||||
| 12 | (b) The State Seal of Biliteracy program is established to | ||||||
| 13 | recognize public high school graduates who have attained a high | ||||||
| 14 | level of proficiency in one or more languages in addition to | ||||||
| 15 | English. The State Seal of Biliteracy shall be awarded | ||||||
| 16 | beginning with the 2014-2015 school year. School district | ||||||
| 17 | participation in this program is voluntary. | ||||||
| 18 | (c) The purposes of the State Seal of Biliteracy are as | ||||||
| 19 | follows: | ||||||
| 20 | (1) To encourage pupils to study languages. | ||||||
| 21 | (2) To certify attainment of biliteracy. | ||||||
| 22 | (3) To provide employers with a method of identifying | ||||||
| 23 | people with language and biliteracy skills. | ||||||
| 24 | (4) To provide universities with an additional method | ||||||
| 25 | to recognize applicants seeking admission. | ||||||
| |||||||
| |||||||
| 1 | (5) To prepare pupils with 21st century skills. | ||||||
| 2 | (6) To recognize the value of foreign language and | ||||||
| 3 | native language instruction in public schools. | ||||||
| 4 | (7) To strengthen intergroup relationships, affirm the | ||||||
| 5 | value of diversity, and honor the multiple cultures and | ||||||
| 6 | languages of a community. | ||||||
| 7 | (d) The State Seal of Biliteracy certifies attainment of a | ||||||
| 8 | high
level of proficiency, sufficient for meaningful use in | ||||||
| 9 | college and a career, by a graduating public high school pupil | ||||||
| 10 | in one or more
languages in addition to English. | ||||||
| 11 | (e) The State Board of Education shall adopt such rules as | ||||||
| 12 | may be necessary to establish the criteria that pupils must | ||||||
| 13 | achieve to earn a State Seal of Biliteracy, which may include | ||||||
| 14 | without limitation attainment of units of credit in English | ||||||
| 15 | language arts and languages other than English and passage of | ||||||
| 16 | such assessments of foreign language proficiency as may be | ||||||
| 17 | approved by the State Board of Education for this purpose. | ||||||
| 18 | (f) The State Board of Education shall do both of the | ||||||
| 19 | following: | ||||||
| 20 | (1) Prepare and deliver to participating school | ||||||
| 21 | districts an appropriate mechanism for designating the | ||||||
| 22 | State Seal of Biliteracy on the diploma and transcript of | ||||||
| 23 | the pupil indicating that the pupil has been awarded a | ||||||
| 24 | State Seal of Biliteracy by the State Board of Education. | ||||||
| 25 | (2) Provide other information the State Board of | ||||||
| 26 | Education deems necessary for school districts to | ||||||
| |||||||
| |||||||
| 1 | successfully participate in the program. | ||||||
| 2 | (g) A school district that participates in the program | ||||||
| 3 | under this
Section shall do both of the following: | ||||||
| 4 | (1) Maintain appropriate records in order to identify | ||||||
| 5 | pupils who have earned a State Seal of Biliteracy. | ||||||
| 6 | (2) Make the appropriate designation on the diploma and | ||||||
| 7 | transcript of each pupil who earns a State Seal of | ||||||
| 8 | Biliteracy. | ||||||
| 9 | (h) No fee shall be charged to a pupil to receive the | ||||||
| 10 | designation pursuant to this Section. Notwithstanding this | ||||||
| 11 | prohibition, costs may be incurred by the pupil in | ||||||
| 12 | demonstrating proficiency, including without limitation any | ||||||
| 13 | assessments required under subsection (e) of this Section.
| ||||||
| 14 | (Source: P.A. 98-560, eff. 8-27-13; revised 10-4-13.)
| ||||||
| 15 | (105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
| ||||||
| 16 | Sec. 10-19. Length of school term - experimental programs. | ||||||
| 17 | Each school
board shall annually prepare a calendar for the | ||||||
| 18 | school term, specifying
the opening and closing dates and | ||||||
| 19 | providing a minimum term of at least 185
days to insure 176 | ||||||
| 20 | days of actual pupil attendance, computable under Section
| ||||||
| 21 | 18-8.05, except that for the 1980-1981 school year only 175 | ||||||
| 22 | days
of actual
pupil attendance shall be required because of | ||||||
| 23 | the closing of schools pursuant
to Section 24-2 on January 29, | ||||||
| 24 | 1981 upon the appointment by the President
of that day as a day | ||||||
| 25 | of thanksgiving for the freedom of the Americans who
had been | ||||||
| |||||||
| |||||||
| 1 | held hostage in Iran. Any days allowed by law for teachers' | ||||||
| 2 | institutes
institute but not used as such or used as parental | ||||||
| 3 | institutes as provided
in Section 10-22.18d shall increase the | ||||||
| 4 | minimum term by the school days not
so used. Except as provided | ||||||
| 5 | in Section 10-19.1, the board may not extend
the school term | ||||||
| 6 | beyond such closing date unless that extension of term is
| ||||||
| 7 | necessary to provide the minimum number of computable days. In | ||||||
| 8 | case of
such necessary extension school employees
shall be paid | ||||||
| 9 | for such additional time on the basis of their regular
| ||||||
| 10 | contracts. A school board may specify a closing date earlier | ||||||
| 11 | than that
set on the annual calendar when the schools of the | ||||||
| 12 | district have
provided the minimum number of computable days | ||||||
| 13 | under this Section.
Nothing in this Section prevents the board | ||||||
| 14 | from employing
superintendents of schools, principals and | ||||||
| 15 | other nonteaching personnel
for a period of 12 months, or in | ||||||
| 16 | the case of superintendents for a
period in accordance with | ||||||
| 17 | Section 10-23.8, or prevents the board from
employing other | ||||||
| 18 | personnel before or after the regular school term with
payment | ||||||
| 19 | of salary proportionate to that received for comparable work
| ||||||
| 20 | during the school term.
| ||||||
| 21 | A school board may make such changes in its calendar for | ||||||
| 22 | the school term
as may be required by any changes in the legal | ||||||
| 23 | school holidays prescribed
in Section 24-2. A school board may | ||||||
| 24 | make changes in its calendar for the
school term as may be | ||||||
| 25 | necessary to reflect the utilization of teachers'
institute | ||||||
| 26 | days as parental institute days as provided in Section | ||||||
| |||||||
| |||||||
| 1 | 10-22.18d.
| ||||||
| 2 | The calendar for the school term and any changes must be | ||||||
| 3 | submitted to and approved by the regional superintendent of | ||||||
| 4 | schools before the calendar or changes may take effect.
| ||||||
| 5 | With the prior approval of the State Board of Education and | ||||||
| 6 | subject
to review by the State Board of Education every 3 | ||||||
| 7 | years, any school
board may, by resolution of its board and in | ||||||
| 8 | agreement with affected
exclusive collective bargaining | ||||||
| 9 | agents, establish experimental
educational programs, including | ||||||
| 10 | but not limited to programs for
self-directed learning or | ||||||
| 11 | outside of formal class periods, which programs
when so | ||||||
| 12 | approved shall be considered to comply with the requirements of
| ||||||
| 13 | this Section as respects numbers of days of actual pupil | ||||||
| 14 | attendance and
with the other requirements of this Act as | ||||||
| 15 | respects courses of instruction.
| ||||||
| 16 | (Source: P.A. 93-1036, eff. 9-14-04; revised 11-12-13.)
| ||||||
| 17 | (105 ILCS 5/20-1) (from Ch. 122, par. 20-1)
| ||||||
| 18 | Sec. 20-1. Authority to create working cash fund. In each | ||||||
| 19 | school district,
whether organized under general law or special | ||||||
| 20 | charter, having a population
of less than 500,000 inhabitants, | ||||||
| 21 | a fund to be known as a "Working Cash
Fund" may be created and | ||||||
| 22 | maintained consistent with the limitations of this Article, for | ||||||
| 23 | the purpose of enabling the district to have in its
treasury at | ||||||
| 24 | all times time sufficient money to meet demands thereon for | ||||||
| 25 | expenditures for corporate purposes.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-1277, eff. 7-26-10; revised 9-12-13.)
| ||||||
| 2 | (105 ILCS 5/21B-30)
| ||||||
| 3 | Sec. 21B-30. Educator testing. | ||||||
| 4 | (a) This Section applies beginning on July 1, 2012. | ||||||
| 5 | (b) The State Board of Education, in consultation with the | ||||||
| 6 | State Educator Preparation and Licensure Board, shall design | ||||||
| 7 | and implement a system of examinations, which shall be required | ||||||
| 8 | prior to the issuance of educator licenses. These examinations | ||||||
| 9 | and indicators must be based on national and State professional | ||||||
| 10 | teaching standards, as determined by the State Board of | ||||||
| 11 | Education, in consultation with the State Educator Preparation | ||||||
| 12 | and Licensure Board. The State Board of Education may adopt | ||||||
| 13 | such rules as may be necessary to implement and administer this | ||||||
| 14 | Section. No score on a test required under this Section, other | ||||||
| 15 | than a test of basic skills, shall be more than 5 years old at | ||||||
| 16 | the time that an individual makes application for an educator | ||||||
| 17 | license or endorsement. | ||||||
| 18 | (c) Applicants seeking a Professional Educator License or | ||||||
| 19 | an Educator License with Stipulations shall be required to pass | ||||||
| 20 | a test of basic skills before the license is issued, unless the | ||||||
| 21 | endorsement the individual is seeking does not require passage | ||||||
| 22 | of the test. All applicants completing Illinois-approved, | ||||||
| 23 | teacher education or school service personnel preparation | ||||||
| 24 | programs shall be required to pass the State Board of | ||||||
| 25 | Education's recognized test of basic skills prior to starting | ||||||
| |||||||
| |||||||
| 1 | their student teaching or starting the final semester of their | ||||||
| 2 | internship, unless required earlier at the discretion of the | ||||||
| 3 | recognized, Illinois institution in which they are completing | ||||||
| 4 | their approved program. An individual who passes a test of | ||||||
| 5 | basic skills does not need to do so again for subsequent | ||||||
| 6 | endorsements or other educator licenses. | ||||||
| 7 | (d) All applicants seeking a State license shall be | ||||||
| 8 | required to pass a test of content area knowledge for each area | ||||||
| 9 | of endorsement for which there is an applicable test. There | ||||||
| 10 | shall be no exception to this requirement. No candidate shall | ||||||
| 11 | be allowed to student teach or serve as the teacher of record | ||||||
| 12 | until he or she has passed the applicable content area test. | ||||||
| 13 | (e) All applicants seeking a State license endorsed in a | ||||||
| 14 | teaching field shall pass the assessment of professional | ||||||
| 15 | teaching (APT). Passage of the APT is required for completion | ||||||
| 16 | of an approved Illinois educator preparation program. | ||||||
| 17 | (f) Beginning on September 1, 2015, all candidates | ||||||
| 18 | completing teacher preparation programs in this State are | ||||||
| 19 | required to pass an evidence-based assessment of teacher | ||||||
| 20 | effectiveness approved by the State Board of Education, in | ||||||
| 21 | consultation with the State Educator Preparation and Licensure | ||||||
| 22 | Board. All recognized institutions offering approved teacher | ||||||
| 23 | preparation programs must begin phasing in the approved teacher | ||||||
| 24 | performance assessment no later than July 1, 2013. | ||||||
| 25 | (g) Tests of basic skills and content area knowledge and | ||||||
| 26 | the assessment of professional teaching shall be the tests that | ||||||
| |||||||
| |||||||
| 1 | from time to time are designated by the State Board of | ||||||
| 2 | Education, in consultation with the State Educator Preparation | ||||||
| 3 | and Licensure Board, and may be tests prepared by an | ||||||
| 4 | educational testing organization or tests designed by the State | ||||||
| 5 | Board of Education, in consultation with the State Educator | ||||||
| 6 | Preparation and Licensure Board. The areas to be covered by a | ||||||
| 7 | test of basic skills shall include reading, language arts, and | ||||||
| 8 | mathematics. The test of content area knowledge shall assess | ||||||
| 9 | content knowledge in a specific subject field. The tests must | ||||||
| 10 | be designed to be racially neutral to ensure that no person | ||||||
| 11 | taking the tests is discriminated against on the basis of race, | ||||||
| 12 | color, national origin, or other factors unrelated to the | ||||||
| 13 | person's ability to perform as a licensed employee. The score | ||||||
| 14 | required to pass the tests shall be fixed by the State Board of | ||||||
| 15 | Education, in consultation with the State Educator Preparation | ||||||
| 16 | and Licensure Board. The tests shall be administered not fewer | ||||||
| 17 | than 3 times a year at such time and place as may be designated | ||||||
| 18 | by the State Board of Education, in consultation with the State | ||||||
| 19 | Educator Preparation and Licensure Board. | ||||||
| 20 | The State Board shall implement a test or tests to assess | ||||||
| 21 | the speaking, reading, writing, and grammar skills of | ||||||
| 22 | applicants for an endorsement or a license issued under | ||||||
| 23 | subdivision (G) of paragraph (2) of Section 21B-20 of this Code | ||||||
| 24 | in the English language and in the language of the transitional | ||||||
| 25 | bilingual education program requested by the applicant. | ||||||
| 26 | (h) Except as provided in Section 34-6 of this Code, the | ||||||
| |||||||
| |||||||
| 1 | provisions of this Section shall apply equally in any school | ||||||
| 2 | district subject to Article 34 of this Code. | ||||||
| 3 | (i) The rules developed to implement and enforce the | ||||||
| 4 | testing requirements under this Section shall include | ||||||
| 5 | provisions governing test selection, test validation and | ||||||
| 6 | determination of a passing score, administration of the tests, | ||||||
| 7 | frequency of administration, applicant fees, frequency of | ||||||
| 8 | applicants taking the tests, the years for which a score is | ||||||
| 9 | valid, and appropriate special accommodations. The State Board | ||||||
| 10 | of Education shall develop such rules as may be needed to | ||||||
| 11 | ensure uniformity from year to year in the level of difficulty | ||||||
| 12 | for each form of an assessment.
| ||||||
| 13 | (Source: P.A. 97-607, eff. 8-26-11; 98-361, eff. 1-1-14; | ||||||
| 14 | 98-581, eff. 8-27-13; revised 9-9-13.)
| ||||||
| 15 | (105 ILCS 5/27-24) (from Ch. 122, par. 27-24)
| ||||||
| 16 | Sec. 27-24. Short title. Sections 27-24 through 27-24.10 | ||||||
| 17 | 27-24.8 of this Article are known and may be
cited as the | ||||||
| 18 | Driver Education Act.
| ||||||
| 19 | (Source: P.A. 76-1835; revised 11-14-13.)
| ||||||
| 20 | Section 275. The Critical Health Problems and | ||||||
| 21 | Comprehensive Health
Education Act is amended by changing | ||||||
| 22 | Section 3 as follows:
| ||||||
| 23 | (105 ILCS 110/3)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3. Comprehensive Health Education Program. The | ||||||
| 2 | program established
under this Act shall include, but not be | ||||||
| 3 | limited to, the following major
educational areas as a basis | ||||||
| 4 | for curricula in all elementary and secondary
schools in this | ||||||
| 5 | State: human ecology and health, human growth and
development, | ||||||
| 6 | the emotional, psychological, physiological, hygienic and
| ||||||
| 7 | social responsibilities of family life, including sexual | ||||||
| 8 | abstinence until
marriage, prevention and control of disease, | ||||||
| 9 | including instruction in
grades 6 through 12 on the prevention, | ||||||
| 10 | transmission and spread of AIDS, age-appropriate sexual abuse | ||||||
| 11 | and assault awareness and prevention education in grades | ||||||
| 12 | pre-kindergarten through 12, public and environmental health, | ||||||
| 13 | consumer health, safety education and
disaster survival, | ||||||
| 14 | mental health and illness, personal health habits,
alcohol, | ||||||
| 15 | drug use, and abuse including the medical and legal | ||||||
| 16 | ramifications
of alcohol, drug, and tobacco use, abuse during | ||||||
| 17 | pregnancy, evidence-based and medically accurate information | ||||||
| 18 | regarding sexual
abstinence, tobacco, nutrition, and dental | ||||||
| 19 | health. The program shall also provide course material and | ||||||
| 20 | instruction to advise pupils of the Abandoned Newborn Infant | ||||||
| 21 | Protection Act.
The program shall include information about | ||||||
| 22 | cancer, including without limitation types of cancer, signs and | ||||||
| 23 | symptoms, risk factors, the importance of early prevention and | ||||||
| 24 | detection, and information on where to go for help. | ||||||
| 25 | Notwithstanding the above educational areas, the following | ||||||
| 26 | areas may also
be included as a basis for curricula in all | ||||||
| |||||||
| |||||||
| 1 | elementary and secondary
schools in this State: basic first aid | ||||||
| 2 | (including, but not limited to,
cardiopulmonary resuscitation | ||||||
| 3 | and the Heimlich maneuver), heart disease, diabetes, stroke, | ||||||
| 4 | the
prevention of child abuse, neglect, and suicide, and teen | ||||||
| 5 | dating violence in grades 7 through 12. | ||||||
| 6 | The school board of each
public elementary and secondary | ||||||
| 7 | school in the State
shall encourage all teachers and other | ||||||
| 8 | school personnel to acquire,
develop, and maintain the | ||||||
| 9 | knowledge and skills necessary to properly
administer | ||||||
| 10 | life-saving techniques, including without limitation the
| ||||||
| 11 | Heimlich maneuver and rescue breathing.
The training shall be | ||||||
| 12 | in
accordance with standards of the
American Red Cross, the | ||||||
| 13 | American Heart Association, or another nationally
recognized | ||||||
| 14 | certifying organization.
A school board may use the
services of | ||||||
| 15 | non-governmental entities whose personnel have expertise in
| ||||||
| 16 | life-saving techniques to instruct teachers and other school | ||||||
| 17 | personnel in
these techniques. Each school board
is encouraged | ||||||
| 18 | to have in
its employ, or on its volunteer staff, at least one | ||||||
| 19 | person who is certified, by
the American Red Cross or by | ||||||
| 20 | another qualified certifying agency,
as qualified to | ||||||
| 21 | administer first aid and
cardiopulmonary resuscitation. In | ||||||
| 22 | addition, each school board is authorized to
allocate | ||||||
| 23 | appropriate portions of its institute or inservice days to | ||||||
| 24 | conduct
training programs for teachers and other school | ||||||
| 25 | personnel who have expressed an
interest in becoming qualified | ||||||
| 26 | to administer emergency first aid or
cardiopulmonary | ||||||
| |||||||
| |||||||
| 1 | resuscitation. School boards are urged to
encourage their | ||||||
| 2 | teachers and other school personnel who coach school athletic
| ||||||
| 3 | programs and other extracurricular school activities to | ||||||
| 4 | acquire, develop, and
maintain the knowledge and skills | ||||||
| 5 | necessary to properly administer first aid
and cardiopulmonary | ||||||
| 6 | resuscitation in accordance with standards and requirements
| ||||||
| 7 | established by the American Red Cross or another qualified | ||||||
| 8 | certifying agency. Subject to appropriation, the State Board of | ||||||
| 9 | Education shall establish and administer a matching grant | ||||||
| 10 | program to pay for half of the cost that a school district | ||||||
| 11 | incurs in training those teachers and other school personnel | ||||||
| 12 | who express an interest in becoming qualified to administer | ||||||
| 13 | cardiopulmonary resuscitation (which training must be in
| ||||||
| 14 | accordance with standards of the
American Red Cross, the | ||||||
| 15 | American Heart Association, or another nationally
recognized | ||||||
| 16 | certifying organization) or in learning how to use an automated | ||||||
| 17 | external defibrillator. A school district that applies for a | ||||||
| 18 | grant must demonstrate that it has funds to pay half of the | ||||||
| 19 | cost of the training for which matching grant money is sought. | ||||||
| 20 | The State Board of Education shall award the grants on a | ||||||
| 21 | first-come, first-serve basis.
| ||||||
| 22 | No pupil shall be
required to take or participate in any | ||||||
| 23 | class or course on AIDS or family
life instruction if his | ||||||
| 24 | parent or guardian submits written objection
thereto, and | ||||||
| 25 | refusal to take or participate in the course or program shall
| ||||||
| 26 | not be reason for suspension or expulsion of the pupil.
| ||||||
| |||||||
| |||||||
| 1 | Curricula developed under programs established in | ||||||
| 2 | accordance with this
Act in the major educational area of | ||||||
| 3 | alcohol and drug use and abuse shall
include classroom | ||||||
| 4 | instruction in grades 5 through 12. The instruction,
which | ||||||
| 5 | shall include matters relating to both the physical and legal | ||||||
| 6 | effects
and ramifications of drug and substance abuse, shall be | ||||||
| 7 | integrated into
existing curricula; and the State Board of | ||||||
| 8 | Education shall develop and make
available to all elementary | ||||||
| 9 | and secondary schools in this State
instructional materials and | ||||||
| 10 | guidelines which will assist the schools in
incorporating the | ||||||
| 11 | instruction into their existing curricula. In
addition, school | ||||||
| 12 | districts may offer, as part of existing curricula during
the | ||||||
| 13 | school day or as part of an after school program, support | ||||||
| 14 | services and
instruction for pupils or pupils whose parent, | ||||||
| 15 | parents, or guardians are
chemically dependent.
| ||||||
| 16 | (Source: P.A. 97-1147, eff. 1-24-13; 98-190, eff. 8-6-13; | ||||||
| 17 | 98-441, eff. 1-1-14; revised 9-9-13.)
| ||||||
| 18 | Section 280. The Public Community College Act is amended by | ||||||
| 19 | changing Section 2-16.02 as follows:
| ||||||
| 20 | (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
| ||||||
| 21 | Sec. 2-16.02. Grants. Any community college district that | ||||||
| 22 | maintains a
community college recognized by the State Board | ||||||
| 23 | shall receive, when eligible,
grants enumerated in this | ||||||
| 24 | Section. Funded semester credit hours or other
measures or both | ||||||
| |||||||
| |||||||
| 1 | as specified by the State Board shall be used to distribute
| ||||||
| 2 | grants to community colleges. Funded semester credit hours | ||||||
| 3 | shall be defined,
for purposes of this Section, as the greater | ||||||
| 4 | of
(1) the number of semester credit hours, or equivalent, in | ||||||
| 5 | all funded
instructional categories of students who have been | ||||||
| 6 | certified as being in
attendance at midterm during the | ||||||
| 7 | respective terms of the base fiscal year or
(2) the average of | ||||||
| 8 | semester credit hours, or equivalent, in all funded
| ||||||
| 9 | instructional categories of students who have been certified as | ||||||
| 10 | being in
attendance at midterm during the respective terms of | ||||||
| 11 | the base fiscal year and
the 2 prior fiscal years. For purposes | ||||||
| 12 | of this Section, "base fiscal year"
means the fiscal year 2 | ||||||
| 13 | years prior to the fiscal year for which the grants are
| ||||||
| 14 | appropriated. Such students shall have been residents of | ||||||
| 15 | Illinois and shall
have been enrolled in courses that are part | ||||||
| 16 | of instructional program categories
approved by the State Board | ||||||
| 17 | and that are applicable toward an associate degree
or | ||||||
| 18 | certificate.
Courses that are eligible for reimbursement are | ||||||
| 19 | those courses for which
the district pays 50% or more of the | ||||||
| 20 | program costs from unrestricted
revenue sources, with the | ||||||
| 21 | exception of courses offered by contract with
the Department of | ||||||
| 22 | Corrections in correctional institutions. For the
purposes of | ||||||
| 23 | this Section, "unrestricted revenue sources" means those
| ||||||
| 24 | revenues in which the provider of the revenue imposes no | ||||||
| 25 | financial
limitations upon the district as it relates to the | ||||||
| 26 | expenditure of the funds. Except for Fiscal Year 2012, base | ||||||
| |||||||
| |||||||
| 1 | operating grants shall be paid based on rates per funded
| ||||||
| 2 | semester credit hour or equivalent calculated by the State | ||||||
| 3 | Board for funded
instructional categories using cost of | ||||||
| 4 | instruction, enrollment, inflation, and
other relevant | ||||||
| 5 | factors. For Fiscal Year 2012, the allocations for base | ||||||
| 6 | operating grants to community college districts shall be the | ||||||
| 7 | same as they were in Fiscal Year 2011, reduced or increased | ||||||
| 8 | proportionately according to the appropriation for base | ||||||
| 9 | operating grants for Fiscal Year 2012.
| ||||||
| 10 | Equalization grants shall be calculated by the State Board | ||||||
| 11 | by determining a
local revenue factor for each district by: (A) | ||||||
| 12 | adding (1)
each district's Corporate Personal Property | ||||||
| 13 | Replacement Fund
allocations from the base
fiscal year or the | ||||||
| 14 | average of the base fiscal year and prior year, whichever is
| ||||||
| 15 | less, divided by the applicable statewide average tax rate to | ||||||
| 16 | (2) the
district's most recently audited
year's equalized | ||||||
| 17 | assessed valuation or the average of the most recently audited
| ||||||
| 18 | year and prior year, whichever is less, (B) then dividing by | ||||||
| 19 | the district's
audited full-time equivalent resident students | ||||||
| 20 | for the base fiscal year or the
average for the base fiscal | ||||||
| 21 | year and the 2 prior fiscal years, whichever is
greater, and | ||||||
| 22 | (C) then multiplying by the applicable statewide average tax
| ||||||
| 23 | rate. The State Board
shall calculate a statewide weighted | ||||||
| 24 | average threshold by applying
the same methodology to the | ||||||
| 25 | totals of all districts' Corporate Personal
Property Tax | ||||||
| 26 | Replacement Fund allocations, equalized assessed valuations, | ||||||
| |||||||
| |||||||
| 1 | and
audited full-time equivalent district resident students | ||||||
| 2 | and multiplying by the
applicable statewide average tax rate. | ||||||
| 3 | The difference between the statewide
weighted average | ||||||
| 4 | threshold and the local revenue
factor, multiplied by the | ||||||
| 5 | number of full-time equivalent resident students,
shall | ||||||
| 6 | determine the amount of equalization funding that each district | ||||||
| 7 | is
eligible to receive. A percentage factor, as determined by | ||||||
| 8 | the State Board,
may be applied to the statewide threshold as a | ||||||
| 9 | method for allocating
equalization funding. A minimum | ||||||
| 10 | equalization grant of an amount per district
as determined by | ||||||
| 11 | the State Board shall be established for any community college
| ||||||
| 12 | district which qualifies for an equalization grant based upon | ||||||
| 13 | the preceding
criteria, but becomes ineligible for | ||||||
| 14 | equalization funding, or would have
received a grant of less | ||||||
| 15 | than the minimum equalization grant, due to threshold
| ||||||
| 16 | prorations applied to reduce equalization funding.
As of July | ||||||
| 17 | 1, 2013, a community college district eligible to receive an | ||||||
| 18 | equalization grant based upon the preceding criteria must | ||||||
| 19 | maintain a
minimum required combined in-district tuition and | ||||||
| 20 | universal fee rate per
semester credit hour equal to 70% of the | ||||||
| 21 | State-average combined rate, as
determined by the State Board, | ||||||
| 22 | or the total revenue received by the community college district | ||||||
| 23 | from combined in-district tuition and universal fees must be at | ||||||
| 24 | least 30% of the total revenue received by the community | ||||||
| 25 | college district, as determined by the State Board, for | ||||||
| 26 | equalization funding. As of July 1,
2004, a community college | ||||||
| |||||||
| |||||||
| 1 | district must maintain a minimum required
operating tax rate | ||||||
| 2 | equal to at least 95% of its maximum authorized tax
rate to | ||||||
| 3 | qualify for equalization funding. This 95% minimum tax rate
| ||||||
| 4 | requirement shall be based upon the maximum operating tax rate | ||||||
| 5 | as
limited by the Property Tax Extension Limitation Law.
| ||||||
| 6 | The State Board shall distribute such other grants as may | ||||||
| 7 | be
authorized or appropriated by the General Assembly.
| ||||||
| 8 | Each community college district entitled to State grants | ||||||
| 9 | under this
Section must submit a report of its enrollment to | ||||||
| 10 | the State Board not later
than 30 days following the end of | ||||||
| 11 | each semester, quarter, or term in a
format prescribed by the | ||||||
| 12 | State Board. These semester credit hours, or
equivalent, shall | ||||||
| 13 | be certified by each district on forms provided by the
State | ||||||
| 14 | Board. Each district's certified semester credit hours, or | ||||||
| 15 | equivalent,
are subject to audit pursuant to Section 3-22.1.
| ||||||
| 16 | The State Board shall certify, prepare, and submit monthly | ||||||
| 17 | vouchers to the State Comptroller
setting
forth an amount equal | ||||||
| 18 | to one-twelfth of the grants approved by the State Board for | ||||||
| 19 | base
operating grants and equalization grants. The State Board | ||||||
| 20 | shall prepare and
submit to the State Comptroller vouchers for | ||||||
| 21 | payments of other grants as
appropriated by the General | ||||||
| 22 | Assembly. If the amount appropriated for grants
is different | ||||||
| 23 | from the amount provided for such grants under this Act, the
| ||||||
| 24 | grants shall be proportionately reduced or increased | ||||||
| 25 | accordingly.
| ||||||
| 26 | For the purposes of this Section, "resident student" means | ||||||
| |||||||
| |||||||
| 1 | a student in a
community college district who maintains | ||||||
| 2 | residency in that district or
meets other residency definitions | ||||||
| 3 | established by the State Board, and who
was enrolled either in | ||||||
| 4 | one of the approved instructional program categories
in that | ||||||
| 5 | district, or in another community college district to which the
| ||||||
| 6 | resident's district is paying tuition under Section 6-2 or with | ||||||
| 7 | which the
resident's district has entered into a cooperative | ||||||
| 8 | agreement in lieu of such
tuition.
| ||||||
| 9 | For the purposes of this Section, a "full-time equivalent" | ||||||
| 10 | student is
equal to 30 semester credit hours.
| ||||||
| 11 | The Illinois Community College Board Contracts and Grants | ||||||
| 12 | Fund is hereby
created in the State Treasury. Items of income | ||||||
| 13 | to this fund shall include
any grants, awards, endowments, or | ||||||
| 14 | like proceeds, and where appropriate,
other funds made | ||||||
| 15 | available through contracts with governmental, public, and
| ||||||
| 16 | private agencies or persons. The General Assembly shall from | ||||||
| 17 | time to time
make appropriations payable from such fund for the | ||||||
| 18 | support, improvement,
and expenses of the State Board and | ||||||
| 19 | Illinois community college
districts.
| ||||||
| 20 | (Source: P.A. 97-72, eff. 7-1-11; 97-1160, eff. 2-1-13; 98-46, | ||||||
| 21 | eff. 6-28-13; revised 8-12-13.)
| ||||||
| 22 | Section 285. The Pawnbroker Regulation Act is amended by | ||||||
| 23 | changing Section 7 as follows:
| ||||||
| 24 | (205 ILCS 510/7) (from Ch. 17, par. 4657)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 7. Daily report.
| ||||||
| 2 | (a) Except as provided in subsection (b), it
shall be the | ||||||
| 3 | duty of every pawnbroker to make
out and deliver to
the sheriff | ||||||
| 4 | of the county in which such pawnbroker does business, on each
| ||||||
| 5 | day before the hours of 12 o'clock noon, a legible and exact | ||||||
| 6 | copy from
the standard record book, as required in Section 5 of | ||||||
| 7 | this Act, that lists
all personal property and any other | ||||||
| 8 | valuable thing received
on deposit or
purchased during the | ||||||
| 9 | preceding day, including the exact
time when
received or | ||||||
| 10 | purchased, and a description of the person or person by whom
| ||||||
| 11 | left in pledge, or from whom the same were purchased; provided, | ||||||
| 12 | that in
cities or towns having 25,000 or more inhabitants,
a | ||||||
| 13 | copy of
the such report shall at the same time also be | ||||||
| 14 | delivered to the
superintendent of police or the chief police | ||||||
| 15 | officer of such city or town.
Such report may be made by | ||||||
| 16 | computer printout or input memory device if the
format has been | ||||||
| 17 | approved by the local law enforcement agency.
| ||||||
| 18 | (b) In counties with more than 3,000,000 inhabitants, a | ||||||
| 19 | pawnbroker must
provide the daily report to the sheriff only if | ||||||
| 20 | the pawnshop is located in an
unincorporated area of the | ||||||
| 21 | county.
Pawnbrokers located in cities or towns in such counties | ||||||
| 22 | must deliver such
reports to the superintendent of police or | ||||||
| 23 | the chief police officer of such
city or town.
| ||||||
| 24 | (Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98; revised | ||||||
| 25 | 11-14-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 290. The Alternative Health Care Delivery Act is | ||||||
| 2 | amended by changing Section 30 as follows:
| ||||||
| 3 | (210 ILCS 3/30)
| ||||||
| 4 | Sec. 30. Demonstration program requirements. The | ||||||
| 5 | requirements set forth in
this Section shall apply to | ||||||
| 6 | demonstration programs.
| ||||||
| 7 | (a) (Blank).
| ||||||
| 8 | (a-5) There shall be no more than the total number of | ||||||
| 9 | postsurgical
recovery care centers with a certificate of need | ||||||
| 10 | for beds as of January 1, 2008.
| ||||||
| 11 | (a-10) There shall be no more than a total of 9 children's | ||||||
| 12 | respite care
center alternative health care models in the | ||||||
| 13 | demonstration program, which shall
be located as follows:
| ||||||
| 14 | (1) Two in the City of Chicago.
| ||||||
| 15 | (2) One in Cook County outside the City of Chicago.
| ||||||
| 16 | (3) A total of 2 in the area comprised of DuPage, Kane, | ||||||
| 17 | Lake, McHenry, and
Will counties.
| ||||||
| 18 | (4) A total of 2 in municipalities with a population of | ||||||
| 19 | 50,000 or more and
not
located in the areas described in | ||||||
| 20 | paragraphs (1), (2), or (3).
| ||||||
| 21 | (5) A total of 2 in rural areas, as defined by the | ||||||
| 22 | Health Facilities
and Services Review Board.
| ||||||
| 23 | No more than one children's respite care model owned and | ||||||
| 24 | operated by a
licensed skilled pediatric facility shall be | ||||||
| 25 | located in each of the areas
designated in this subsection | ||||||
| |||||||
| |||||||
| 1 | (a-10).
| ||||||
| 2 | (a-15) There shall be 5 authorized community-based | ||||||
| 3 | residential
rehabilitation center alternative health care | ||||||
| 4 | models in the demonstration
program.
| ||||||
| 5 | (a-20) There shall be an authorized
Alzheimer's disease | ||||||
| 6 | management center alternative health care model in the
| ||||||
| 7 | demonstration program. The Alzheimer's disease management | ||||||
| 8 | center shall be
located in Will
County, owned by a
| ||||||
| 9 | not-for-profit entity, and endorsed by a resolution approved by | ||||||
| 10 | the county
board before the effective date of this amendatory | ||||||
| 11 | Act of the 91st General
Assembly.
| ||||||
| 12 | (a-25) There shall be no more than 10 birth center | ||||||
| 13 | alternative health care
models in the demonstration program, | ||||||
| 14 | located as follows:
| ||||||
| 15 | (1) Four in the area comprising Cook, DuPage, Kane, | ||||||
| 16 | Lake, McHenry, and
Will counties, one of
which shall be | ||||||
| 17 | owned or operated by a hospital and one of which shall be | ||||||
| 18 | owned
or operated by a federally qualified health center.
| ||||||
| 19 | (2) Three in municipalities with a population of 50,000 | ||||||
| 20 | or more not
located in the area described in paragraph (1) | ||||||
| 21 | of this subsection, one of
which shall be owned or operated | ||||||
| 22 | by a hospital and one of which shall be owned
or operated | ||||||
| 23 | by a federally qualified health center.
| ||||||
| 24 | (3) Three in rural areas, one of which shall be owned | ||||||
| 25 | or operated by a
hospital and one of which shall be owned | ||||||
| 26 | or operated by a federally qualified
health center.
| ||||||
| |||||||
| |||||||
| 1 | The first 3 birth centers authorized to operate by the | ||||||
| 2 | Department shall be
located in or predominantly serve the | ||||||
| 3 | residents of a health professional
shortage area as determined | ||||||
| 4 | by the United States Department of Health and Human
Services. | ||||||
| 5 | There shall be no more than 2 birth centers authorized to | ||||||
| 6 | operate in
any single health planning area for obstetric | ||||||
| 7 | services as determined under the
Illinois Health Facilities | ||||||
| 8 | Planning Act. If a birth center is located outside
of a
health | ||||||
| 9 | professional shortage area, (i) the birth center shall be | ||||||
| 10 | located in a
health planning
area with a demonstrated need for | ||||||
| 11 | obstetrical service beds, as determined by
the Health | ||||||
| 12 | Facilities and Services Review Board or (ii) there must be a
| ||||||
| 13 | reduction in
the existing number of obstetrical service beds in | ||||||
| 14 | the planning area so that
the establishment of the birth center | ||||||
| 15 | does not result in an increase in the
total number of | ||||||
| 16 | obstetrical service beds in the health planning area.
| ||||||
| 17 | (b) Alternative health care models, other than a model | ||||||
| 18 | authorized under subsection (a-10) or
(a-20), shall obtain a | ||||||
| 19 | certificate of
need from the Health Facilities and Services | ||||||
| 20 | Review Board under the Illinois
Health Facilities Planning Act | ||||||
| 21 | before receiving a license by the
Department.
If, after | ||||||
| 22 | obtaining its initial certificate of need, an alternative | ||||||
| 23 | health
care delivery model that is a community based | ||||||
| 24 | residential rehabilitation center
seeks to
increase the bed | ||||||
| 25 | capacity of that center, it must obtain a certificate of need
| ||||||
| 26 | from the Health Facilities and Services Review Board before | ||||||
| |||||||
| |||||||
| 1 | increasing the bed
capacity. Alternative
health care models in | ||||||
| 2 | medically underserved areas
shall receive priority in | ||||||
| 3 | obtaining a certificate of need.
| ||||||
| 4 | (c) An alternative health care model license shall be | ||||||
| 5 | issued for a
period of one year and shall be annually renewed | ||||||
| 6 | if the facility or
program is in substantial compliance with | ||||||
| 7 | the Department's rules
adopted under this Act. A licensed | ||||||
| 8 | alternative health care model that continues
to be in | ||||||
| 9 | substantial compliance after the conclusion of the | ||||||
| 10 | demonstration
program shall be eligible for annual renewals | ||||||
| 11 | unless and until a different
licensure program for that type of | ||||||
| 12 | health care model is established by
legislation, except that a | ||||||
| 13 | postsurgical recovery care center meeting the following | ||||||
| 14 | requirements may apply within 3 years after August 25, 2009 | ||||||
| 15 | (the effective date of Public Act 96-669) for a Certificate of | ||||||
| 16 | Need permit to operate as a hospital: | ||||||
| 17 | (1) The postsurgical recovery care center shall apply | ||||||
| 18 | to the Health Facilities and Services Review Board for a | ||||||
| 19 | Certificate of Need permit to discontinue the postsurgical | ||||||
| 20 | recovery care center and to establish a hospital. | ||||||
| 21 | (2) If the postsurgical recovery care center obtains a | ||||||
| 22 | Certificate of Need permit to operate as a hospital, it | ||||||
| 23 | shall apply for licensure as a hospital under the Hospital | ||||||
| 24 | Licensing Act and shall meet all statutory and regulatory | ||||||
| 25 | requirements of a hospital. | ||||||
| 26 | (3) After obtaining licensure as a hospital, any | ||||||
| |||||||
| |||||||
| 1 | license as an ambulatory surgical treatment center and any | ||||||
| 2 | license as a postsurgical post-surgical recovery care | ||||||
| 3 | center shall be null and void. | ||||||
| 4 | (4) The former postsurgical recovery care center that | ||||||
| 5 | receives a hospital license must seek and use its best | ||||||
| 6 | efforts to maintain certification under Titles XVIII and | ||||||
| 7 | XIX of the federal Social Security Act. | ||||||
| 8 | The Department may issue a provisional license to any
| ||||||
| 9 | alternative health care model that does not substantially | ||||||
| 10 | comply with the
provisions of this Act and the rules adopted | ||||||
| 11 | under this Act if (i)
the Department finds that the alternative | ||||||
| 12 | health care model has undertaken
changes and corrections which | ||||||
| 13 | upon completion will render the alternative
health care model | ||||||
| 14 | in substantial compliance with this Act and rules and
(ii) the | ||||||
| 15 | health and safety of the patients of the alternative
health | ||||||
| 16 | care model will be protected during the period for which the | ||||||
| 17 | provisional
license is issued. The Department shall advise the | ||||||
| 18 | licensee of
the conditions under which the provisional license | ||||||
| 19 | is issued, including
the manner in which the alternative health | ||||||
| 20 | care model fails to comply with
the provisions of this Act and | ||||||
| 21 | rules, and the time within which the changes
and corrections | ||||||
| 22 | necessary for the alternative health care model to
| ||||||
| 23 | substantially comply with this Act and rules shall be | ||||||
| 24 | completed.
| ||||||
| 25 | (d) Alternative health care models shall seek | ||||||
| 26 | certification under Titles
XVIII and XIX of the federal Social | ||||||
| |||||||
| |||||||
| 1 | Security Act. In addition, alternative
health care models shall | ||||||
| 2 | provide charitable care consistent with that provided
by | ||||||
| 3 | comparable health care providers in the geographic area.
| ||||||
| 4 | (d-5) (Blank).
| ||||||
| 5 | (e) Alternative health care models shall, to the extent | ||||||
| 6 | possible,
link and integrate their services with nearby health | ||||||
| 7 | care facilities.
| ||||||
| 8 | (f) Each alternative health care model shall implement a | ||||||
| 9 | quality
assurance program with measurable benefits and at | ||||||
| 10 | reasonable cost.
| ||||||
| 11 | (Source: P.A. 96-31, eff. 6-30-09; 96-129, eff. 8-4-09; 96-669, | ||||||
| 12 | eff. 8-25-09; 96-812, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
| 13 | 96-1071, eff. 7-16-10; 96-1123, eff. 1-1-11; 97-135, eff. | ||||||
| 14 | 7-14-11; 97-333, eff. 8-12-11; 97-813, eff. 7-13-12; revised | ||||||
| 15 | 11-12-13.)
| ||||||
| 16 | Section 295. The Illinois Clinical Laboratory and Blood | ||||||
| 17 | Bank Act is amended by changing Section 7-101 as follows:
| ||||||
| 18 | (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
| ||||||
| 19 | Sec. 7-101. Examination of specimens. A clinical | ||||||
| 20 | laboratory shall examine
specimens only at the request of (i) a | ||||||
| 21 | licensed physician, (ii) a
licensed dentist, (iii) a licensed | ||||||
| 22 | podiatric physician, (iv) a licensed
optometrist,
(v) a | ||||||
| 23 | licensed
physician assistant in
accordance with the written | ||||||
| 24 | guidelines required under subdivision (3) of
Section 4 and | ||||||
| |||||||
| |||||||
| 1 | under Section 7.5 of the Physician Assistant Practice Act of
| ||||||
| 2 | 1987,
(v-A) an advanced practice nurse in accordance with the
| ||||||
| 3 | written collaborative agreement required under Section 65-35 | ||||||
| 4 | of the Nurse Practice Act,
(vi) an authorized law enforcement | ||||||
| 5 | agency or, in the case of blood
alcohol, at the request of the | ||||||
| 6 | individual for whom the test is to be performed
in compliance | ||||||
| 7 | with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code, | ||||||
| 8 | or (vii) a genetic counselor with the specific authority from a | ||||||
| 9 | referral to order a test or tests pursuant to subsection (b) of | ||||||
| 10 | Section 20 of the Genetic Counselor Licensing Act.
If the | ||||||
| 11 | request to a laboratory is oral, the physician or other | ||||||
| 12 | authorized
person shall submit a written request to the | ||||||
| 13 | laboratory within 48 hours. If
the laboratory does not receive | ||||||
| 14 | the written request within that period, it
shall note that fact | ||||||
| 15 | in its records. For purposes of this Section, a request
made by | ||||||
| 16 | electronic mail or fax constitutes a written request.
| ||||||
| 17 | (Source: P.A. 97-333, eff. 8-12-11; 98-185, eff. 1-1-14; | ||||||
| 18 | 98-214, eff. 8-9-13; revised 10-15-13.)
| ||||||
| 19 | Section 300. The Abused and Neglected Long Term Care | ||||||
| 20 | Facility Residents Reporting
Act is amended by changing Section | ||||||
| 21 | 4 as follows:
| ||||||
| 22 | (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
| ||||||
| 23 | Sec. 4. Any long term care facility administrator, agent or | ||||||
| 24 | employee
or any physician, hospital, surgeon, dentist, | ||||||
| |||||||
| |||||||
| 1 | osteopath, chiropractor,
podiatric physician, accredited | ||||||
| 2 | religious practitioner who provides treatment by spiritual | ||||||
| 3 | means alone through prayer in accordance with the tenets and | ||||||
| 4 | practices of the accrediting church, coroner, social worker, | ||||||
| 5 | social
services administrator, registered nurse, law | ||||||
| 6 | enforcement officer, field
personnel of the Department of | ||||||
| 7 | Healthcare and Family Services, field personnel of the
Illinois | ||||||
| 8 | Department of Public Health and County or Municipal Health
| ||||||
| 9 | Departments, personnel of the Department of Human Services | ||||||
| 10 | (acting as the
successor to the Department of Mental Health and | ||||||
| 11 | Developmental Disabilities
or the Department of Public Aid),
| ||||||
| 12 | personnel of the Guardianship and Advocacy Commission, | ||||||
| 13 | personnel of the
State Fire Marshal, local fire department | ||||||
| 14 | inspectors or other personnel,
or personnel of the Illinois
| ||||||
| 15 | Department on Aging, or its subsidiary Agencies on Aging, or | ||||||
| 16 | employee of a
facility licensed under the Assisted Living and | ||||||
| 17 | Shared Housing
Act, having reasonable
cause to believe any
| ||||||
| 18 | resident with whom they have direct contact has been subjected | ||||||
| 19 | to abuse
or neglect shall immediately report or cause a report
| ||||||
| 20 | to be made
to the Department.
Persons required to make reports | ||||||
| 21 | or cause reports to
be made under this Section include all | ||||||
| 22 | employees of the State of Illinois
who are involved in | ||||||
| 23 | providing services to residents, including
professionals | ||||||
| 24 | providing medical or rehabilitation services and all other
| ||||||
| 25 | persons having direct contact with residents; and further | ||||||
| 26 | include all
employees of community service agencies who provide | ||||||
| |||||||
| |||||||
| 1 | services to a resident
of a public or private long term care | ||||||
| 2 | facility outside of that facility.
Any long term care surveyor | ||||||
| 3 | of the Illinois Department of Public Health
who has reasonable | ||||||
| 4 | cause to believe in the course of a survey that a
resident has | ||||||
| 5 | been abused or neglected and initiates an investigation while
| ||||||
| 6 | on site at the facility shall be exempt from making a report | ||||||
| 7 | under this
Section but the results of any such investigation | ||||||
| 8 | shall be forwarded to
the central register in a manner and form | ||||||
| 9 | described by the Department.
| ||||||
| 10 | The requirement of this Act shall not relieve any long term | ||||||
| 11 | care
facility administrator, agent or employee of | ||||||
| 12 | responsibility to report the
abuse or neglect of a resident | ||||||
| 13 | under Section 3-610 of the Nursing Home
Care Act or under | ||||||
| 14 | Section 3-610 of the ID/DD Community Care Act or under Section | ||||||
| 15 | 2-107 of the Specialized Mental Health Rehabilitation Act of | ||||||
| 16 | 2013.
| ||||||
| 17 | In addition to the above persons required to report | ||||||
| 18 | suspected resident
abuse and neglect, any other person may make | ||||||
| 19 | a report to the Department,
or to any law enforcement officer, | ||||||
| 20 | if such person has reasonable cause to
suspect a resident has | ||||||
| 21 | been abused or neglected.
| ||||||
| 22 | This Section also applies to residents whose death occurs | ||||||
| 23 | from suspected
abuse or neglect before being found or brought | ||||||
| 24 | to a hospital.
| ||||||
| 25 | A person required to make reports or cause reports to be | ||||||
| 26 | made under
this Section who fails to comply with the | ||||||
| |||||||
| |||||||
| 1 | requirements of this Section is
guilty of a Class A | ||||||
| 2 | misdemeanor.
| ||||||
| 3 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 4 | eff. 7-13-12; 98-104, eff. 7-22-13; 98-214, eff. 8-9-13; | ||||||
| 5 | revised 9-9-13.)
| ||||||
| 6 | Section 305. The Community Living Facilities Licensing Act | ||||||
| 7 | is amended by changing Section 9 as follows:
| ||||||
| 8 | (210 ILCS 35/9) (from Ch. 111 1/2, par. 4189)
| ||||||
| 9 | Sec. 9. Regular licenses.
| ||||||
| 10 | (1) A regular license shall be valid for
a one-year period | ||||||
| 11 | from the date of authorization. A license is not
transferable.
| ||||||
| 12 | (2) Within 120 to 150 days prior to the date of expiration | ||||||
| 13 | of the license,
the licensee shall apply to the Department for | ||||||
| 14 | renewal of the license. The
procedure for renewing a valid | ||||||
| 15 | license for a Community Living Facility shall
be the same as | ||||||
| 16 | for applying for the initial license, pursuant to subsections
| ||||||
| 17 | (1) through (4) of Section 7 of this Act. If the Department has | ||||||
| 18 | determined
on the basis of available documentation that the | ||||||
| 19 | Community Living Facility
is in substantial compliance with | ||||||
| 20 | this Act and the rules promulgated under
this Act,
and has | ||||||
| 21 | provided to the Department an accurate disclosure document in
| ||||||
| 22 | accordance with the Alzheimer's Disease and Related Dementias | ||||||
| 23 | Special Care Disclosure Act,
it shall renew the regular
license | ||||||
| 24 | for another one-year period.
| ||||||
| |||||||
| |||||||
| 1 | (3) Whenever ownership of a facility is transferred from | ||||||
| 2 | the licensee to
any other person, agency, association, | ||||||
| 3 | corporation, partnership, or
organization,
the transferee | ||||||
| 4 | transferree must obtain a new probationary license. The | ||||||
| 5 | transferee transferree
shall notify the Department of the | ||||||
| 6 | transfer and apply for a new license
at least 30 days prior to | ||||||
| 7 | final transfer. The requirement for an on-site
inspection in | ||||||
| 8 | Section 7 may be waived if the Department has conducted a | ||||||
| 9 | survey
of the Community Living Facility within the past 60 days | ||||||
| 10 | and the survey
disclosed substantial compliance with this Act | ||||||
| 11 | and rules and regulations
promulgated hereunder.
| ||||||
| 12 | (Source: P.A. 96-990, eff. 7-2-10; revised 9-11-13.)
| ||||||
| 13 | Section 310. The Nursing Home Care Act is amended by | ||||||
| 14 | changing Sections 3-112 and 3-304.1 as follows:
| ||||||
| 15 | (210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112)
| ||||||
| 16 | Sec. 3-112.
(a) Whenever ownership of a facility is | ||||||
| 17 | transferred from the
person named in the license to any other | ||||||
| 18 | person, the transferee must obtain
a new probationary license. | ||||||
| 19 | The transferee shall notify the Department of
the transfer and | ||||||
| 20 | apply for a new license at least 30 days prior to final | ||||||
| 21 | transfer.
| ||||||
| 22 | (b) The transferor shall notify the Department at least 30 | ||||||
| 23 | days prior
to final transfer. The transferor shall remain | ||||||
| 24 | responsible for the operation
of the facility until such time | ||||||
| |||||||
| |||||||
| 1 | as a license is issued to the transferee transferree.
| ||||||
| 2 | (Source: P.A. 81-223; revised 9-11-13.)
| ||||||
| 3 | (210 ILCS 45/3-304.1)
| ||||||
| 4 | Sec. 3-304.1. Public computer access to information. | ||||||
| 5 | (a) The Department must make information regarding nursing | ||||||
| 6 | homes in the
State
available to the public in electronic form | ||||||
| 7 | on the World Wide Web, including all
of the
following | ||||||
| 8 | information: | ||||||
| 9 | (1) who regulates nursing homes; | ||||||
| 10 | (2) information in the possession of the Department | ||||||
| 11 | that is listed in
Sections 3-210 and 3-304; | ||||||
| 12 | (3) deficiencies and plans of correction; | ||||||
| 13 | (4) enforcement remedies; | ||||||
| 14 | (5) penalty letters; | ||||||
| 15 | (6) designation of penalty monies; | ||||||
| 16 | (7) the U.S. Department of Health and Human Services' | ||||||
| 17 | Health Care
Financing Administration special projects or | ||||||
| 18 | federally required inspections; | ||||||
| 19 | (8) advisory standards; | ||||||
| 20 | (9) deficiency-free surveys; | ||||||
| 21 | (10) enforcement actions and enforcement summaries; | ||||||
| 22 | (11) distressed facilities; and | ||||||
| 23 | (12) the report submitted under Section 3-518; . | ||||||
| 24 | (13) (12) a link to the most recent facility cost | ||||||
| 25 | report filed with the Department of Healthcare and Family | ||||||
| |||||||
| |||||||
| 1 | Services; | ||||||
| 2 | (14) (13) a link to the most recent Consumer Choice | ||||||
| 3 | Information Report filed with the Department on Aging; | ||||||
| 4 | (15) (14) whether the facility is part of a chain; the | ||||||
| 5 | facility shall be deemed part of a chain if it meets | ||||||
| 6 | criteria established by the United States Department of | ||||||
| 7 | Health and Human Services that identify it as owned by a | ||||||
| 8 | chain organization; | ||||||
| 9 | (16) (15) whether the facility is a for-profit or | ||||||
| 10 | not-for-profit facility; and | ||||||
| 11 | (17) (16) whether the facility is or is part of a | ||||||
| 12 | continuing care retirement community. | ||||||
| 13 | (b) No fee or other charge may be imposed by the Department | ||||||
| 14 | as a condition
of accessing the information. | ||||||
| 15 | (c) The electronic public access provided through the World | ||||||
| 16 | Wide Web shall
be
in addition to any other electronic or print | ||||||
| 17 | distribution of the information. | ||||||
| 18 | (d) The information shall be made available as provided in | ||||||
| 19 | this Section in
the
shortest practicable time after it is | ||||||
| 20 | publicly available in any other form. | ||||||
| 21 | (Source: P.A. 98-85, eff. 7-15-13; 98-505, eff. 1-1-14; revised | ||||||
| 22 | 9-9-13.)
| ||||||
| 23 | Section 315. The Emergency Medical Services (EMS) Systems | ||||||
| 24 | Act is amended by changing Section 3.117 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (210 ILCS 50/3.117) | ||||||
| 2 | Sec. 3.117. Hospital Designations. | ||||||
| 3 | (a) The Department shall attempt to designate Primary | ||||||
| 4 | Stroke Centers in all areas of the State. | ||||||
| 5 | (1) The Department shall designate as many certified
| ||||||
| 6 | Primary Stroke Centers as apply for that designation | ||||||
| 7 | provided they are certified by a nationally-recognized | ||||||
| 8 | certifying body, approved by the Department, and | ||||||
| 9 | certification criteria are consistent with the most | ||||||
| 10 | current nationally-recognized, evidence-based stroke | ||||||
| 11 | guidelines related to reducing the occurrence, | ||||||
| 12 | disabilities, and death associated with stroke. | ||||||
| 13 | (2) A hospital certified as a Primary Stroke Center by | ||||||
| 14 | a nationally-recognized certifying body approved by the | ||||||
| 15 | Department, shall send a copy of the Certificate to the | ||||||
| 16 | Department and shall be deemed, within 30 days of its | ||||||
| 17 | receipt by the Department, to be a State-designated Primary | ||||||
| 18 | Stroke Center. | ||||||
| 19 | (3) With respect to a hospital that is a designated | ||||||
| 20 | Primary Stroke Center, the Department shall have the | ||||||
| 21 | authority and responsibility to do the following: | ||||||
| 22 | (A) Suspend or revoke a hospital's Primary Stroke | ||||||
| 23 | Center designation upon receiving notice that the | ||||||
| 24 | hospital's Primary Stroke Center certification has | ||||||
| 25 | lapsed or has been revoked by the State recognized | ||||||
| 26 | certifying body. | ||||||
| |||||||
| |||||||
| 1 | (B) Suspend a hospital's Primary Stroke Center | ||||||
| 2 | designation, in extreme circumstances where patients | ||||||
| 3 | may be at risk for immediate harm or death, until such | ||||||
| 4 | time as the certifying body investigates and makes a | ||||||
| 5 | final determination regarding certification. | ||||||
| 6 | (C) Restore any previously suspended or revoked | ||||||
| 7 | Department designation upon notice to the Department | ||||||
| 8 | that the certifying body has confirmed or restored the | ||||||
| 9 | Primary Stroke Center certification of that previously | ||||||
| 10 | designated hospital. | ||||||
| 11 | (D) Suspend a hospital's Primary Stroke Center | ||||||
| 12 | designation at the request of a hospital seeking to | ||||||
| 13 | suspend its own Department designation. | ||||||
| 14 | (4) Primary Stroke Center designation shall remain | ||||||
| 15 | valid at all times while the hospital maintains its | ||||||
| 16 | certification as a Primary Stroke Center, in good standing, | ||||||
| 17 | with the certifying body. The duration of a Primary Stroke | ||||||
| 18 | Center designation shall coincide with the duration of its | ||||||
| 19 | Primary Stroke Center certification. Each designated | ||||||
| 20 | Primary Stroke Center shall have its designation | ||||||
| 21 | automatically renewed upon the Department's receipt of a | ||||||
| 22 | copy of the accrediting body's certification renewal. | ||||||
| 23 | (5) A hospital that no longer meets | ||||||
| 24 | nationally-recognized, evidence-based standards for | ||||||
| 25 | Primary Stroke Centers, or loses its Primary Stroke Center | ||||||
| 26 | certification, shall immediately notify the Department and | ||||||
| |||||||
| |||||||
| 1 | the Regional EMS Advisory Committee. | ||||||
| 2 | (b) The Department shall attempt to designate hospitals as | ||||||
| 3 | Emergent Stroke Ready Hospitals capable of providing emergent | ||||||
| 4 | stroke care in all areas of the State. | ||||||
| 5 | (1) The Department shall designate as many Emergent | ||||||
| 6 | Stroke Ready Hospitals as apply for that designation as | ||||||
| 7 | long as they meet the criteria in this Act. | ||||||
| 8 | (2) Hospitals may apply for, and receive, Emergent | ||||||
| 9 | Stroke Ready Hospital designation from the Department, | ||||||
| 10 | provided that the hospital attests, on a form developed by | ||||||
| 11 | the Department in consultation with the State Stroke | ||||||
| 12 | Advisory Subcommittee, that it meets, and will continue to | ||||||
| 13 | meet, the criteria for Emergent Stroke Ready Hospital | ||||||
| 14 | designation. | ||||||
| 15 | (3) Hospitals seeking Emergent Stroke Ready Hospital | ||||||
| 16 | designation shall develop policies and procedures that | ||||||
| 17 | consider nationally-recognized, evidence-based protocols | ||||||
| 18 | for the provision of emergent stroke care. Hospital | ||||||
| 19 | policies relating to emergent stroke care and stroke | ||||||
| 20 | patient outcomes shall be reviewed at least annually, or | ||||||
| 21 | more often as needed, by a hospital committee that oversees | ||||||
| 22 | quality improvement. Adjustments shall be made as | ||||||
| 23 | necessary to advance the quality of stroke care delivered. | ||||||
| 24 | Criteria for Emergent Stroke Ready Hospital designation of | ||||||
| 25 | hospitals shall be limited to the ability of a hospital to: | ||||||
| 26 | (A) create written acute care protocols related to | ||||||
| |||||||
| |||||||
| 1 | emergent stroke care; | ||||||
| 2 | (B) maintain a written transfer agreement with one | ||||||
| 3 | or more hospitals that have neurosurgical expertise; | ||||||
| 4 | (C) designate a director of stroke care, which may | ||||||
| 5 | be a clinical member of the hospital staff or the | ||||||
| 6 | designee of the hospital administrator, to oversee the | ||||||
| 7 | hospital's stroke care policies and procedures; | ||||||
| 8 | (D) administer thrombolytic therapy, or | ||||||
| 9 | subsequently developed medical therapies that meet | ||||||
| 10 | nationally-recognized, evidence-based stroke | ||||||
| 11 | guidelines; | ||||||
| 12 | (E) conduct brain image tests at all times; | ||||||
| 13 | (F) conduct blood coagulation studies at all | ||||||
| 14 | times; and | ||||||
| 15 | (G) maintain a log of stroke patients, which shall | ||||||
| 16 | be available for review upon request by the Department | ||||||
| 17 | or any hospital that has a written transfer agreement | ||||||
| 18 | with the Emergent Stroke Ready Hospital. | ||||||
| 19 | (4) With respect to Emergent Stroke Ready Hospital | ||||||
| 20 | designation, the Department shall have the authority and | ||||||
| 21 | responsibility to do the following: | ||||||
| 22 | (A) Require hospitals applying for Emergent Stroke | ||||||
| 23 | Ready Hospital designation to attest, on a form | ||||||
| 24 | developed by the Department in consultation with the | ||||||
| 25 | State Stroke Advisory Subcommittee, that the hospital | ||||||
| 26 | meets, and will continue to meet, the criteria for an a | ||||||
| |||||||
| |||||||
| 1 | Emergent Stroke Ready Hospital. | ||||||
| 2 | (B) Designate a hospital as an Emergent Stroke | ||||||
| 3 | Ready Hospital no more than 20 business days after | ||||||
| 4 | receipt of an attestation that meets the requirements | ||||||
| 5 | for attestation. | ||||||
| 6 | (C) Require annual written attestation, on a form | ||||||
| 7 | developed by the Department in consultation with the | ||||||
| 8 | State Stroke Advisory Subcommittee, by Emergent Stroke | ||||||
| 9 | Ready Hospitals to indicate compliance with Emergent | ||||||
| 10 | Stroke Ready Hospital criteria, as described in this | ||||||
| 11 | Section, and automatically renew Emergent Stroke Ready | ||||||
| 12 | Hospital designation of the hospital. | ||||||
| 13 | (D) Issue an Emergency Suspension of Emergent | ||||||
| 14 | Stroke Ready Hospital designation when the Director, | ||||||
| 15 | or his or her designee, has determined that the | ||||||
| 16 | hospital no longer meets the Emergent Stroke Ready | ||||||
| 17 | Hospital criteria and an immediate and serious danger | ||||||
| 18 | to the public health, safety, and welfare exists. If | ||||||
| 19 | the Emergent Stroke Ready Hospital fails to eliminate | ||||||
| 20 | the violation immediately or within a fixed period of | ||||||
| 21 | time, not exceeding 10 days, as determined by the | ||||||
| 22 | Director, the Director may immediately revoke the | ||||||
| 23 | Emergent Stroke Ready Hospital designation. The | ||||||
| 24 | Emergent Stroke Ready Hospital may appeal the | ||||||
| 25 | revocation within 15 days after receiving the | ||||||
| 26 | Director's revocation order, by requesting an | ||||||
| |||||||
| |||||||
| 1 | administrative hearing. | ||||||
| 2 | (E) After notice and an opportunity for an | ||||||
| 3 | administrative hearing, suspend, revoke, or refuse to | ||||||
| 4 | renew an Emergent Stroke Ready Hospital designation, | ||||||
| 5 | when the Department finds the hospital is not in | ||||||
| 6 | substantial compliance with current Emergent Stroke | ||||||
| 7 | Ready Hospital criteria. | ||||||
| 8 | (c) The Department shall consult with the State Stroke | ||||||
| 9 | Advisory Subcommittee for developing the designation and | ||||||
| 10 | de-designation processes for Primary Stroke Centers and | ||||||
| 11 | Emergent Stroke Ready Hospitals.
| ||||||
| 12 | (Source: P.A. 96-514, eff. 1-1-10; revised 11-12-13.)
| ||||||
| 13 | Section 320. The End Stage Renal Disease Facility Act is | ||||||
| 14 | amended by changing Section 60 as follows:
| ||||||
| 15 | (210 ILCS 62/60)
| ||||||
| 16 | Sec. 60. Notice of administrative actions; hearing | ||||||
| 17 | procedures.
| ||||||
| 18 | (a) Notice of all administrative actions taken under this | ||||||
| 19 | Act shall be
effected
by registered mail, certified mail, or | ||||||
| 20 | personal
service and shall set forth the particular reasons for | ||||||
| 21 | the proposed action and
provide the applicant or licensee with | ||||||
| 22 | an opportunity
to request a hearing. If a hearing request is | ||||||
| 23 | not received within 10 days
after receipt of the notice of | ||||||
| 24 | administrative action, the right
to a hearing is waived.
| ||||||
| |||||||
| |||||||
| 1 | (b) The procedure governing hearings authorized by this | ||||||
| 2 | Section shall be in
accordance with rules promulgated by the
| ||||||
| 3 | Department consistent with this Act. A hearing shall be | ||||||
| 4 | conducted by the
Director or by an individual designated in | ||||||
| 5 | writing by
the Director as administrative law judge. A full and | ||||||
| 6 | complete record shall be
kept of
all proceedings, including | ||||||
| 7 | notice of hearing, complaint,
and all other documents in the | ||||||
| 8 | nature of pleadings, written motions filed in
the proceedings, | ||||||
| 9 | and the report and orders of the
Director and administrative | ||||||
| 10 | law judge. All testimony shall be reported but
need not be
| ||||||
| 11 | transcribed unless the decision is appealed pursuant
to Section | ||||||
| 12 | 70 of this Act. Any interested party may obtain a copy or | ||||||
| 13 | copies of
the transcript on payment of the cost of preparing
| ||||||
| 14 | such copy or copies.
| ||||||
| 15 | (c) The Director or administrative law judge shall, upon | ||||||
| 16 | his own motion or
on the
written request of any party to the | ||||||
| 17 | proceeding, issue
subpoenas requiring the attendance and | ||||||
| 18 | testimony of witnesses and subpoenas
duces tecum requiring the | ||||||
| 19 | production of books,
papers, records or memoranda. The fees of | ||||||
| 20 | witnesses for attendance and travel
shall be the same as the | ||||||
| 21 | fees of witnesses before
any circuit court of this State. Such | ||||||
| 22 | fees shall be paid when the witness is
excused from further | ||||||
| 23 | attendance. When the witness is
subpoenaed at the instance of | ||||||
| 24 | the Director or administrative law judge, such
fees shall
be | ||||||
| 25 | paid in the same manner as other expenses of the
Department. | ||||||
| 26 | When the witness is subpoenaed at the instance of any other | ||||||
| |||||||
| |||||||
| 1 | party
to a proceeding, the Department may require that
the cost | ||||||
| 2 | of service of the subpoena or subpoena duces tecum and the fee | ||||||
| 3 | of the
witness be borne by the party at whose instance the
| ||||||
| 4 | witness is summoned. In such case, the Department, in its | ||||||
| 5 | discretion, may
require a deposit to cover the cost of such | ||||||
| 6 | service and
witness fees. A subpoena or subpoena duces tecum | ||||||
| 7 | issued under this Section
shall be served in the same manner as | ||||||
| 8 | a subpoena
issued by a court.
| ||||||
| 9 | (d) Any circuit court of this State, upon the application | ||||||
| 10 | of the Director or
the application of any other party to the
| ||||||
| 11 | proceeding, may, in its discretion, compel the attendance of | ||||||
| 12 | witnesses, the
production of books, papers, records or | ||||||
| 13 | memoranda, and
the giving of testimony before the Director or | ||||||
| 14 | administrative law judge
conducting an
investigation or | ||||||
| 15 | holding a hearing authorized by this
Act, by an attachment for | ||||||
| 16 | contempt, or otherwise, in the same manner as
production of | ||||||
| 17 | evidence may be compelled before the court.
| ||||||
| 18 | (e) The Director or administrative law judge, or any party | ||||||
| 19 | in a
hearing before the Department, may compel the attendance | ||||||
| 20 | of witnesses and the
production of books, papers, records, or
| ||||||
| 21 | memoranda.
| ||||||
| 22 | (f) The Director or administrative law judge shall make | ||||||
| 23 | findings of fact in
such
hearing
and the Director shall render | ||||||
| 24 | his decision
within 60 days after the termination or waiving of | ||||||
| 25 | the hearing unless he or she
requires additional time for a | ||||||
| 26 | proper disposition of
the matter. When an a administrative law | ||||||
| |||||||
| |||||||
| 1 | judge has conducted the hearing, the
Director
shall review the | ||||||
| 2 | record and findings of fact before
rendering a decision. A copy | ||||||
| 3 | of the findings of fact and decision of the
Director shall be | ||||||
| 4 | served upon the applicant or licensee in
person, by registered | ||||||
| 5 | mail or by certified mail in the same manner as the
service of | ||||||
| 6 | the notice of hearing. The decision denying,
suspending, or | ||||||
| 7 | revoking a license shall become final 35 days after it is | ||||||
| 8 | mailed
or served, unless the applicant or licensee, within
the | ||||||
| 9 | 35-day period, petitions for review pursuant to Section 70 of | ||||||
| 10 | this Act.
| ||||||
| 11 | (Source: P.A. 92-794, eff. 7-1-03; revised 11-13-13.)
| ||||||
| 12 | Section 325. The Hospital Emergency Service Act is amended | ||||||
| 13 | by changing Section 1.3 as follows:
| ||||||
| 14 | (210 ILCS 80/1.3) | ||||||
| 15 | Sec. 1.3. Long-term acute care hospitals. For the purpose | ||||||
| 16 | of this Act, general acute care hospitals designated by | ||||||
| 17 | Medicare as long-term acute care hospitals are not required to | ||||||
| 18 | provide hospital emergency services described in Section 1 of | ||||||
| 19 | this Act. Hospitals defined in this Section may provide | ||||||
| 20 | hospital emergency services at their option. | ||||||
| 21 | Any hospital defined in this Section that opts to | ||||||
| 22 | discontinue emergency services described in Section 1 shall: | ||||||
| 23 | (1) comply with all provisions of the federal Emergency | ||||||
| 24 | Medical Treatment and & Labor Act (EMTALA); | ||||||
| |||||||
| |||||||
| 1 | (2) comply with all provisions required under the | ||||||
| 2 | Social Security Act; | ||||||
| 3 | (3) provide annual notice to communities in the | ||||||
| 4 | hospital's service area about available emergency medical | ||||||
| 5 | services; and | ||||||
| 6 | (4) make educational materials available to | ||||||
| 7 | individuals who are present at the hospital concerning the | ||||||
| 8 | availability of medical services within the hospital's | ||||||
| 9 | service area. | ||||||
| 10 | Long-term acute care hospitals that operate standby | ||||||
| 11 | emergency services as of January 1, 2011 may discontinue | ||||||
| 12 | hospital emergency services by notifying the Department of | ||||||
| 13 | Public Health. Long-term acute care hospitals that operate | ||||||
| 14 | basic or comprehensive emergency services must notify the | ||||||
| 15 | Health Facilities and Services Review Board and follow the | ||||||
| 16 | appropriate procedures.
| ||||||
| 17 | (Source: P.A. 97-667, eff. 1-13-12; revised 9-11-13.)
| ||||||
| 18 | Section 330. The Language Assistance Services Act is | ||||||
| 19 | amended by changing Section 15 as follows:
| ||||||
| 20 | (210 ILCS 87/15)
| ||||||
| 21 | Sec. 15. Language assistance services. | ||||||
| 22 | (a) To ensure insure access to
health care information and | ||||||
| 23 | services for
limited-English-speaking or non-English-speaking | ||||||
| 24 | residents and deaf residents,
a health facility must do the | ||||||
| |||||||
| |||||||
| 1 | following:
| ||||||
| 2 | (1) Adopt and review annually a policy for providing | ||||||
| 3 | language assistance
services to patients with language or | ||||||
| 4 | communication barriers. The policy shall
include | ||||||
| 5 | procedures for providing, to the extent possible as | ||||||
| 6 | determined by the
facility, the use of an interpreter | ||||||
| 7 | whenever a language or communication
barrier
exists, | ||||||
| 8 | except where the patient, after being informed of the | ||||||
| 9 | availability of
the interpreter service, chooses to use a | ||||||
| 10 | family member or friend who
volunteers to interpret. The | ||||||
| 11 | procedures shall be designed to maximize
efficient use of | ||||||
| 12 | interpreters and minimize delays in providing interpreters | ||||||
| 13 | to
patients. The procedures shall insure, to the extent | ||||||
| 14 | possible as determined
by the facility, that
interpreters | ||||||
| 15 | are available, either on the premises or accessible by | ||||||
| 16 | telephone,
24 hours a day. The facility shall annually | ||||||
| 17 | transmit to the Department of
Public Health a
copy of the | ||||||
| 18 | updated policy and shall include a description of the | ||||||
| 19 | facility's
efforts to
insure adequate and speedy | ||||||
| 20 | communication between patients with language or
| ||||||
| 21 | communication barriers and staff.
| ||||||
| 22 | (2) Develop, and post in conspicuous locations, | ||||||
| 23 | notices that advise patients
and their families of the | ||||||
| 24 | availability of interpreters, the procedure for
obtaining | ||||||
| 25 | an interpreter, and the telephone numbers to call for | ||||||
| 26 | filing
complaints concerning interpreter service problems, | ||||||
| |||||||
| |||||||
| 1 | including, but not limited
to, a
TTY number for persons who | ||||||
| 2 | are deaf or hard of hearing. The notices shall be posted, | ||||||
| 3 | at a
minimum, in the emergency room, the admitting area, | ||||||
| 4 | the facility entrance, and
the
outpatient area. Notices | ||||||
| 5 | shall inform patients that interpreter services are
| ||||||
| 6 | available on request, shall list the languages most | ||||||
| 7 | commonly encountered at the facility for which interpreter | ||||||
| 8 | services
are available, and shall instruct patients to | ||||||
| 9 | direct complaints regarding
interpreter services to the | ||||||
| 10 | Department of Public Health, including the
telephone
| ||||||
| 11 | numbers to call for that purpose.
| ||||||
| 12 | (3) Notify the facility's employees of the language | ||||||
| 13 | services available at the facility and train them on how to | ||||||
| 14 | make those language services available to patients.
| ||||||
| 15 | (b) In addition, a health facility may do one or more of | ||||||
| 16 | the following: | ||||||
| 17 | (1) Identify and record a patient's primary language | ||||||
| 18 | and dialect on one or more of the following: a patient | ||||||
| 19 | medical chart, hospital bracelet, bedside notice, or | ||||||
| 20 | nursing card. | ||||||
| 21 | (2) Prepare and maintain, as needed, a list of | ||||||
| 22 | interpreters who have been identified as proficient in sign | ||||||
| 23 | language according to the Interpreter for the Deaf | ||||||
| 24 | Licensure Act of 2007 Interpreters for the Deaf Act and a | ||||||
| 25 | list of the languages of the population of the geographical | ||||||
| 26 | area served by the facility.
| ||||||
| |||||||
| |||||||
| 1 | (3) Review all standardized written forms, waivers, | ||||||
| 2 | documents, and
informational materials available to | ||||||
| 3 | patients on admission to determine which
to translate into | ||||||
| 4 | languages other than English.
| ||||||
| 5 | (4) Consider providing its nonbilingual staff with | ||||||
| 6 | standardized picture and
phrase sheets for use in routine | ||||||
| 7 | communications with patients who have language
or | ||||||
| 8 | communication barriers.
| ||||||
| 9 | (5) Develop community liaison groups to enable the | ||||||
| 10 | facility and the
limited-English-speaking, | ||||||
| 11 | non-English-speaking, and deaf communities to ensure | ||||||
| 12 | insure
the adequacy of the
interpreter services.
| ||||||
| 13 | (Source: P.A. 95-667, eff. 10-11-07; revised 10-7-13.)
| ||||||
| 14 | Section 335. The Mobile Home Park Act is amended by | ||||||
| 15 | changing Section 2 as follows:
| ||||||
| 16 | (210 ILCS 115/2) (from Ch. 111 1/2, par. 712)
| ||||||
| 17 | Sec. 2.
Unless the context clearly requires otherwise, the | ||||||
| 18 | words and phrases set
forth in the Sections following this | ||||||
| 19 | Section and preceding Section 3 Sections 2.1 to 2.9 inclusive, | ||||||
| 20 | shall have the meanings set forth
in this Act.
| ||||||
| 21 | (Source: P.A. 78-1170; revised 11-13-13.)
| ||||||
| 22 | Section 340. The Illinois Insurance Code is amended by | ||||||
| 23 | changing Section 500-100 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (215 ILCS 5/500-100)
| ||||||
| 2 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
| 3 | Sec. 500-100. Limited lines producer license.
| ||||||
| 4 | (a) An individual who is at least 18 years of age and whom | ||||||
| 5 | the Director
considers to
be competent, trustworthy, and of | ||||||
| 6 | good business reputation may obtain a limited
lines producer
| ||||||
| 7 | license for one or more of the following classes:
| ||||||
| 8 | (1) insurance on baggage or limited travel health, | ||||||
| 9 | accident, or trip
cancellation
insurance sold in | ||||||
| 10 | connection with transportation provided by a common | ||||||
| 11 | carrier;
| ||||||
| 12 | (2) industrial life insurance, as defined in Section | ||||||
| 13 | 228 of this Code;
| ||||||
| 14 | (3) industrial accident and health insurance, as | ||||||
| 15 | defined in
Section 368 of this
Code;
| ||||||
| 16 | (4) insurance issued by a company organized under the | ||||||
| 17 | Farm Mutual
Insurance Company Act of 1986;
| ||||||
| 18 | (5) legal expense insurance;
| ||||||
| 19 | (6) enrollment of recipients of public aid or medicare | ||||||
| 20 | in a health
maintenance
organization;
| ||||||
| 21 | (7) a limited health care plan issued by an | ||||||
| 22 | organization having a
certificate of
authority under the | ||||||
| 23 | Limited Health Service Organization Act;
| ||||||
| 24 | (8) credit life and credit accident and health | ||||||
| 25 | insurance and other credit insurance policies approved or | ||||||
| |||||||
| |||||||
| 1 | permitted by the Director; a credit insurance company must | ||||||
| 2 | conduct a training program in which an applicant shall | ||||||
| 3 | receive basic instruction about the credit insurance | ||||||
| 4 | products that he or she they will be selling. | ||||||
| 5 | (b) The application for a limited lines producer license | ||||||
| 6 | must be submitted
on a form
prescribed by the Director by a | ||||||
| 7 | designee of the insurance company, health
maintenance
| ||||||
| 8 | organization, or limited health service organization | ||||||
| 9 | appointing the limited
insurance
representative. The insurance | ||||||
| 10 | company, health maintenance organization, or
limited health
| ||||||
| 11 | service organization must pay the fee required by Section | ||||||
| 12 | 500-135.
| ||||||
| 13 | (c) A limited lines producer may represent more than one | ||||||
| 14 | insurance company,
health
maintenance organization, or limited | ||||||
| 15 | health service organization.
| ||||||
| 16 | (d) An applicant who has met the requirements of this | ||||||
| 17 | Section shall be
issued a
perpetual limited lines producer | ||||||
| 18 | license.
| ||||||
| 19 | (e) A limited lines producer license shall remain in effect | ||||||
| 20 | as long as the
appointing
insurance company pays the respective | ||||||
| 21 | fee required by Section 500-135 prior to
January 1 of
each | ||||||
| 22 | year, unless the license is revoked or suspended pursuant to
| ||||||
| 23 | Section 500-70. Failure of the
insurance company to pay the | ||||||
| 24 | license fee or to submit the required documents
shall cause
| ||||||
| 25 | immediate termination of the limited line insurance producer | ||||||
| 26 | license with
respect to which the
failure occurs.
| ||||||
| |||||||
| |||||||
| 1 | (f) A limited lines producer license may be terminated by | ||||||
| 2 | the insurance
company or
the licensee.
| ||||||
| 3 | (g) A person whom the Director considers to be competent, | ||||||
| 4 | trustworthy, and
of
good
business reputation may be issued a | ||||||
| 5 | car rental limited line license. A car
rental limited line
| ||||||
| 6 | license for a rental company shall remain in effect as long as | ||||||
| 7 | the car rental
limited line licensee
pays the respective fee | ||||||
| 8 | required by Section 500-135 prior to the next fee date
unless | ||||||
| 9 | the car rental
license is revoked or suspended pursuant to | ||||||
| 10 | Section 500-70. Failure of the car
rental limited line
licensee | ||||||
| 11 | to pay the license fee or to submit the required documents | ||||||
| 12 | shall cause
immediate
suspension of the car rental limited line | ||||||
| 13 | license. A car rental limited line
license for rental
companies | ||||||
| 14 | may be voluntarily
terminated by the car rental limited line | ||||||
| 15 | licensee. The license fee
shall not be refunded upon | ||||||
| 16 | termination of the car rental limited line license
by the car | ||||||
| 17 | rental
limited line licensee.
| ||||||
| 18 | (h) A limited lines producer issued a license pursuant to | ||||||
| 19 | this Section is
not
subject to
the requirements of Section | ||||||
| 20 | 500-30.
| ||||||
| 21 | (i) A limited lines producer license must contain the name, | ||||||
| 22 | address and
personal
identification number of the licensee, the | ||||||
| 23 | date the license was issued,
general conditions relative
to the | ||||||
| 24 | license's expiration or termination, and any other information | ||||||
| 25 | the
Director considers
proper. A limited line producer license, | ||||||
| 26 | if applicable, must also contain the
name and address of
the | ||||||
| |||||||
| |||||||
| 1 | appointing insurance company.
| ||||||
| 2 | (Source: P.A. 98-159, eff. 8-2-13; revised 11-12-13.)
| ||||||
| 3 | Section 345. The Reinsurance Intermediary Act is amended by | ||||||
| 4 | changing Sections 20 and 45 as follows:
| ||||||
| 5 | (215 ILCS 100/20) (from Ch. 73, par. 1620)
| ||||||
| 6 | Sec. 20. Books and records; reinsurance intermediary | ||||||
| 7 | brokers.
| ||||||
| 8 | (a) For at least 10 years after expiration of each contract | ||||||
| 9 | of
reinsurance transacted by it, the intermediary broker shall | ||||||
| 10 | keep a complete
record for each transaction showing:
| ||||||
| 11 | (1) The type of contract, limits, underwriting | ||||||
| 12 | restrictions, classes or
risks, and territory.
| ||||||
| 13 | (2) Period of coverage, including effective and | ||||||
| 14 | expiration dates,
cancellation provisions, and notice | ||||||
| 15 | required of cancellations.
| ||||||
| 16 | (3) Reporting and settlement requirements of balances.
| ||||||
| 17 | (4) Rate used to compute the reinsurance premium.
| ||||||
| 18 | (5) Names and addresses of assuming reinsurers.
| ||||||
| 19 | (6) Rates of all reinsurance commissions, including | ||||||
| 20 | the commissions on
any retrocessions handled by the | ||||||
| 21 | intermediary broker.
| ||||||
| 22 | (7) Related correspondence and memoranda.
| ||||||
| 23 | (8) Proof of placement.
| ||||||
| 24 | (9) Details regarding retrocessions handled by the | ||||||
| |||||||
| |||||||
| 1 | intermediary broker
including the identity of | ||||||
| 2 | retrocessionaires and percentage of each contract
assumed | ||||||
| 3 | or ceded.
| ||||||
| 4 | (10) Financial records including, but not limited to, | ||||||
| 5 | premium and loss accounts.
| ||||||
| 6 | (11) When an a intermediary broker procures a | ||||||
| 7 | reinsurance contract on
behalf of a licensed ceding | ||||||
| 8 | insurer:
| ||||||
| 9 | (A) directly from any assuming reinsurer, written | ||||||
| 10 | evidence that the
assuming reinsurer has agreed to | ||||||
| 11 | assume the risk;
| ||||||
| 12 | (B) if placed through a representative of the | ||||||
| 13 | assuming reinsurer,
other than an employee, written | ||||||
| 14 | evidence that the reinsurer has delegated
binding | ||||||
| 15 | authority to the representative.
| ||||||
| 16 | (b) The insurer shall have access and the right to copy and | ||||||
| 17 | audit all
accounts and records maintained by the intermediary | ||||||
| 18 | broker related to its
business in a form
usable by the insurer.
| ||||||
| 19 | (Source: P.A. 87-108; revised 11-13-13.)
| ||||||
| 20 | (215 ILCS 100/45) (from Ch. 73, par. 1645)
| ||||||
| 21 | Sec. 45.
Duties of reinsurers utilizing the services of a | ||||||
| 22 | reinsurance
intermediary manager.
| ||||||
| 23 | (a) A reinsurer shall not engage the services of any | ||||||
| 24 | person, firm,
association, or corporation to act as an a | ||||||
| 25 | intermediary manager on its behalf
unless the person is | ||||||
| |||||||
| |||||||
| 1 | licensed as required by Section 10.
| ||||||
| 2 | (b) The reinsurer shall annually obtain a copy of | ||||||
| 3 | statements, audited by
an independent certified public | ||||||
| 4 | accountant in a form acceptable to the
Director, of the | ||||||
| 5 | financial condition of each intermediary manager that the
| ||||||
| 6 | reinsurer has contracted.
| ||||||
| 7 | (c) If an intermediary manager establishes loss reserves, | ||||||
| 8 | the reinsurer
shall annually obtain the opinion of an actuary | ||||||
| 9 | attesting to the adequacy
of loss reserves established for | ||||||
| 10 | losses incurred and outstanding on
business produced by the | ||||||
| 11 | intermediary manager. This opinion shall be in
addition to any | ||||||
| 12 | other required loss reserve certification.
| ||||||
| 13 | (d) Binding authority for all retrocessional contracts or | ||||||
| 14 | participation
in reinsurance syndicates shall rest with an | ||||||
| 15 | officer of the reinsurer who
shall not be affiliated with the | ||||||
| 16 | intermediary manager.
| ||||||
| 17 | (e) Within 30 days of termination of a contract with an | ||||||
| 18 | intermediary
manager, the reinsurer shall provide written | ||||||
| 19 | notification of termination to the Director.
| ||||||
| 20 | (f) A reinsurer shall not appoint to its board of | ||||||
| 21 | directors, any
officer, director, employee, controlling | ||||||
| 22 | shareholder, or subproducer of its
intermediary manager. This | ||||||
| 23 | subsection shall not apply to relationships
governed by the | ||||||
| 24 | Holding Company Act.
| ||||||
| 25 | (Source: P.A. 87-108; revised 11-14-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 350. The Illinois Health Benefits Exchange Law is | ||||||
| 2 | amended by changing Section 5-10 as follows:
| ||||||
| 3 | (215 ILCS 122/5-10)
| ||||||
| 4 | Sec. 5-10. Exchange functions. | ||||||
| 5 | (a) The Illinois Health Benefits Exchange shall meet the | ||||||
| 6 | core functions identified by Section 1311 of the Patient | ||||||
| 7 | Protection and Affordable Care Act and subsequent federal | ||||||
| 8 | guidance and regulations. | ||||||
| 9 | (b) In order to meet the deadline of October 1, 2013 | ||||||
| 10 | established by federal law to have operational a State | ||||||
| 11 | exchange, the Department of Insurance
and the Commission on | ||||||
| 12 | Government Governmental Forecasting and Accountability is | ||||||
| 13 | authorized to apply for, accept, receive, and use as | ||||||
| 14 | appropriate
for and on behalf of the State any grant money | ||||||
| 15 | provided by the
federal government and to share federal grant | ||||||
| 16 | funding with, give support to,
and coordinate with other | ||||||
| 17 | agencies of the State and federal government
or third parties | ||||||
| 18 | as determined by the Governor.
| ||||||
| 19 | (Source: P.A. 97-142, eff. 7-14-11; revised 9-11-13.)
| ||||||
| 20 | Section 355. The Viatical Settlements Act of 2009 is | ||||||
| 21 | amended by changing Section 72 as follows:
| ||||||
| 22 | (215 ILCS 159/72)
| ||||||
| 23 | Sec. 72. Crimes and offenses. | ||||||
| |||||||
| |||||||
| 1 | (a) A person acting in this State as a viatical settlement
| ||||||
| 2 | provider without having been licensed pursuant to Section 10
of | ||||||
| 3 | this Act who willfully violates any provision of this Act
or | ||||||
| 4 | any rule adopted or order issued under this Act is guilty
of a | ||||||
| 5 | Class A misdemeanor and may be subject to a fine of not
more | ||||||
| 6 | than $3,000. When such violation results in a loss of
more than | ||||||
| 7 | $10,000, the person shall be guilty of
a Class 3 felony and may | ||||||
| 8 | be subject to a fine of not more than
$10,000. | ||||||
| 9 | (b) A person acting in this State as a viatical settlement
| ||||||
| 10 | broker without having met the licensure and notification
| ||||||
| 11 | requirements established by Section 10 of this Act who
| ||||||
| 12 | willfully violates any provision of this Act or any rule
| ||||||
| 13 | adopted or order issued under this Act is guilty of a Class A | ||||||
| 14 | misdemeanor and may be subject to a fine of not more
than | ||||||
| 15 | $3,000. When such violation results in a loss of more
than | ||||||
| 16 | $10,000, the person shall be guilty of a
Class 3 felony and may | ||||||
| 17 | be subject to a fine of not more than
$10,000. | ||||||
| 18 | (c) The Director may refer such evidence as is available
| ||||||
| 19 | concerning violations of this Act or any rule adopted or order
| ||||||
| 20 | issued under this Act or of the failure of a person to
comply | ||||||
| 21 | with the licensing requirements of this Act to the
Attorney | ||||||
| 22 | General or the proper county attorney who may, with
or without | ||||||
| 23 | such reference, institute the appropriate criminal
proceedings | ||||||
| 24 | under this Act. | ||||||
| 25 | (d) A person commits the offense of viatical settlement | ||||||
| 26 | fraud when: | ||||||
| |||||||
| |||||||
| 1 | (1) For the purpose of depriving another of property or | ||||||
| 2 | for pecuniary gain any person knowingly:
| ||||||
| 3 | (A) presents, causes to be presented, or prepares | ||||||
| 4 | with knowledge or belief that it will be presented to | ||||||
| 5 | or by a viatical settlement provider, viatical | ||||||
| 6 | settlement broker, life expectancy provider, viatical | ||||||
| 7 | settlement purchaser, financing entity, insurer, | ||||||
| 8 | insurance producer, or any other person, false | ||||||
| 9 | material information, or conceals material | ||||||
| 10 | information, as part of, in support of or concerning a | ||||||
| 11 | fact material to one or more of the following:
| ||||||
| 12 | (i) an application for the issuance of a | ||||||
| 13 | viatical settlement contract or insurance policy;
| ||||||
| 14 | (ii) the underwriting of a viatical settlement | ||||||
| 15 | contract or insurance policy;
| ||||||
| 16 | (iii) a claim for payment or benefit pursuant | ||||||
| 17 | to a viatical settlement contract or insurance | ||||||
| 18 | policy;
| ||||||
| 19 | (iv) premiums paid on an insurance policy;
| ||||||
| 20 | (v) payments and changes in ownership or | ||||||
| 21 | beneficiary made in accordance with the terms of a | ||||||
| 22 | viatical settlement contract or insurance policy;
| ||||||
| 23 | (vi) the reinstatement or conversion of an | ||||||
| 24 | insurance policy;
| ||||||
| 25 | (vii) in the solicitation, offer, | ||||||
| 26 | effectuation, or sale of a viatical settlement | ||||||
| |||||||
| |||||||
| 1 | contract or insurance policy;
| ||||||
| 2 | (viii) the issuance of written evidence of a | ||||||
| 3 | viatical settlement contract or insurance; or
| ||||||
| 4 | (ix) a financing transaction; or
| ||||||
| 5 | (B) employs any plan, financial structure, device, | ||||||
| 6 | scheme, or artifice to defraud related to viaticated | ||||||
| 7 | policies; or | ||||||
| 8 | (C) enters into any act, practice, or arrangement | ||||||
| 9 | which involves
stranger-originated life insurance; . | ||||||
| 10 | (2) In furtherance of a scheme to defraud, to further a | ||||||
| 11 | fraud, or to prevent or hinder the detection of a scheme to | ||||||
| 12 | defraud any person knowingly does or permits his employees | ||||||
| 13 | or agents to do any of the following: | ||||||
| 14 | (A) remove, conceal, alter, destroy, or sequester | ||||||
| 15 | from the Director the assets or records of a licensee | ||||||
| 16 | or other person engaged in the business of viatical | ||||||
| 17 | settlements;
| ||||||
| 18 | (B) misrepresent or conceal the financial | ||||||
| 19 | condition of a licensee, financing entity, insurer, or | ||||||
| 20 | other person; | ||||||
| 21 | (C) transact the business of viatical settlements | ||||||
| 22 | in violation of laws requiring a license, certificate | ||||||
| 23 | of authority, or other legal authority for the | ||||||
| 24 | transaction of the business of viatical settlements; | ||||||
| 25 | or
| ||||||
| 26 | (D) file with the Director or the equivalent chief | ||||||
| |||||||
| |||||||
| 1 | insurance regulatory official of another jurisdiction | ||||||
| 2 | a document containing false information or otherwise | ||||||
| 3 | conceals information about a material fact from the | ||||||
| 4 | Director; | ||||||
| 5 | (3) Any person knowingly steals, misappropriates, or | ||||||
| 6 | converts monies, funds, premiums, credits, or other | ||||||
| 7 | property of a viatical settlement provider, insurer, | ||||||
| 8 | insured, viator, insurance policyowner, or any other | ||||||
| 9 | person engaged in the business of viatical settlements or | ||||||
| 10 | insurance;
| ||||||
| 11 | (4) Any person recklessly enters into, negotiates, | ||||||
| 12 | brokers, or otherwise deals in a viatical settlement | ||||||
| 13 | contract, the subject of which is a life insurance policy | ||||||
| 14 | that was obtained by presenting false information | ||||||
| 15 | concerning any fact material to the policy or by | ||||||
| 16 | concealing, for the purpose of misleading another, | ||||||
| 17 | information concerning any fact material to the policy, | ||||||
| 18 | where the person or the persons intended to defraud the | ||||||
| 19 | policy's issuer, the viatical settlement provider or the | ||||||
| 20 | viator; or
| ||||||
| 21 | (5) Any person facilitates the change of state of | ||||||
| 22 | ownership of a policy or the state of residency of a viator | ||||||
| 23 | to a state or jurisdiction that does not have a law similar | ||||||
| 24 | to this Act for the express purposes of evading or avoiding | ||||||
| 25 | the provisions of this Act. | ||||||
| 26 | (e) For purposes of this Section, "person" means (i) an | ||||||
| |||||||
| |||||||
| 1 | individual, (ii) a corporation, (iii) an officer, agent, or | ||||||
| 2 | employee of a corporation, (iv) a member, agent, or employee of | ||||||
| 3 | a partnership, or (v) a member, manager, employee, officer, | ||||||
| 4 | director, or agent of a limited liability company who, in any | ||||||
| 5 | such capacity described by this subsection (e), commits | ||||||
| 6 | viatical settlement fraud.
| ||||||
| 7 | (Source: P.A. 96-736, eff. 7-1-10; 97-813, eff. 7-13-12; | ||||||
| 8 | revised 11-14-13.)
| ||||||
| 9 | Section 360. The Health Carrier External Review Act is | ||||||
| 10 | amended by changing Section 10 as follows:
| ||||||
| 11 | (215 ILCS 180/10)
| ||||||
| 12 | Sec. 10. Definitions. For the purposes of this Act: | ||||||
| 13 | "Adverse determination" means: | ||||||
| 14 | (1) a determination by a health carrier or its designee | ||||||
| 15 | utilization review organization that, based upon the | ||||||
| 16 | information provided, a request for a benefit under the | ||||||
| 17 | health carrier's health benefit plan upon application of | ||||||
| 18 | any utilization review technique does not meet the health | ||||||
| 19 | carrier's requirements for medical necessity, | ||||||
| 20 | appropriateness, health care setting, level of care, or | ||||||
| 21 | effectiveness or is determined to be experimental or | ||||||
| 22 | investigational and the requested benefit is therefore | ||||||
| 23 | denied, reduced, or terminated or payment is not provided | ||||||
| 24 | or made, in whole or in part, for the benefit; | ||||||
| |||||||
| |||||||
| 1 | (2) the denial, reduction, or termination of or failure | ||||||
| 2 | to provide or make payment, in whole or in part, for a | ||||||
| 3 | benefit based on a determination by a health carrier or its | ||||||
| 4 | designee utilization review organization that a | ||||||
| 5 | preexisting condition was present before the effective | ||||||
| 6 | date of coverage; or | ||||||
| 7 | (3) a rescission recission of coverage determination, | ||||||
| 8 | which does not include a cancellation or discontinuance of | ||||||
| 9 | coverage that is attributable to a failure to timely pay | ||||||
| 10 | required premiums or contributions towards the cost of | ||||||
| 11 | coverage. | ||||||
| 12 | "Authorized representative" means: | ||||||
| 13 | (1) a person to whom a covered person has given express | ||||||
| 14 | written consent to represent the covered person for | ||||||
| 15 | purposes of this Law; | ||||||
| 16 | (2) a person authorized by law to provide substituted | ||||||
| 17 | consent for a covered person; | ||||||
| 18 | (3) a family member of the covered person or the | ||||||
| 19 | covered person's treating health care professional when | ||||||
| 20 | the covered person is unable to provide consent; | ||||||
| 21 | (4) a health care provider when the covered person's | ||||||
| 22 | health benefit plan requires that a request for a benefit | ||||||
| 23 | under the plan be initiated by the health care provider; or | ||||||
| 24 | (5) in the case of an urgent care request, a health | ||||||
| 25 | care provider with knowledge of the covered person's | ||||||
| 26 | medical condition. | ||||||
| |||||||
| |||||||
| 1 | "Best evidence" means evidence based on: | ||||||
| 2 | (1) randomized clinical trials; | ||||||
| 3 | (2) if randomized clinical trials are not available, | ||||||
| 4 | then cohort studies or case-control studies; | ||||||
| 5 | (3) if items (1) and (2) are not available, then | ||||||
| 6 | case-series; or | ||||||
| 7 | (4) if items (1), (2), and (3) are not available, then | ||||||
| 8 | expert opinion. | ||||||
| 9 | "Case-series" means an evaluation of a series of patients | ||||||
| 10 | with a particular outcome, without the use of a control group. | ||||||
| 11 | "Clinical review criteria" means the written screening | ||||||
| 12 | procedures, decision abstracts, clinical protocols, and | ||||||
| 13 | practice guidelines used by a health carrier to determine the | ||||||
| 14 | necessity and appropriateness of health care services. | ||||||
| 15 | "Cohort study" means a prospective evaluation of 2 groups | ||||||
| 16 | of patients with only one group of patients receiving specific | ||||||
| 17 | intervention. | ||||||
| 18 | "Concurrent review" means a review conducted during a | ||||||
| 19 | patient's stay or course of treatment in a facility, the office | ||||||
| 20 | of a health care professional, or other inpatient or outpatient | ||||||
| 21 | health care setting. | ||||||
| 22 | "Covered benefits" or "benefits" means those health care | ||||||
| 23 | services to which a covered person is entitled under the terms | ||||||
| 24 | of a health benefit plan. | ||||||
| 25 | "Covered person" means a policyholder, subscriber, | ||||||
| 26 | enrollee, or other individual participating in a health benefit | ||||||
| |||||||
| |||||||
| 1 | plan. | ||||||
| 2 | "Director" means the Director of the Department of | ||||||
| 3 | Insurance. | ||||||
| 4 | "Emergency medical condition" means a medical condition | ||||||
| 5 | manifesting itself by acute symptoms of sufficient severity, | ||||||
| 6 | including, but not limited to, severe pain, such that a prudent | ||||||
| 7 | layperson who possesses an average knowledge of health and | ||||||
| 8 | medicine could reasonably expect the absence of immediate | ||||||
| 9 | medical attention to result in: | ||||||
| 10 | (1) placing the health of the individual or, with | ||||||
| 11 | respect to a pregnant woman, the health of the woman or her | ||||||
| 12 | unborn child, in serious jeopardy; | ||||||
| 13 | (2) serious impairment to bodily functions; or
| ||||||
| 14 | (3) serious dysfunction of any bodily organ or part. | ||||||
| 15 | "Emergency services" means health care items and services | ||||||
| 16 | furnished or required to evaluate and treat an emergency | ||||||
| 17 | medical condition. | ||||||
| 18 | "Evidence-based standard" means the conscientious, | ||||||
| 19 | explicit, and judicious use of the current best evidence based | ||||||
| 20 | on an overall systematic review of the research in making | ||||||
| 21 | decisions about the care of individual patients. | ||||||
| 22 | "Expert opinion" means a belief or an interpretation by | ||||||
| 23 | specialists with experience in a specific area about the | ||||||
| 24 | scientific evidence pertaining to a particular service, | ||||||
| 25 | intervention, or therapy. | ||||||
| 26 | "Facility" means an institution providing health care | ||||||
| |||||||
| |||||||
| 1 | services or a health care setting. | ||||||
| 2 | "Final adverse determination" means an adverse | ||||||
| 3 | determination involving a covered benefit that has been upheld | ||||||
| 4 | by a health carrier, or its designee utilization review | ||||||
| 5 | organization, at the completion of the health carrier's | ||||||
| 6 | internal grievance process procedures as set forth by the | ||||||
| 7 | Managed Care Reform and Patient Rights Act. | ||||||
| 8 | "Health benefit plan" means a policy, contract, | ||||||
| 9 | certificate, plan, or agreement offered or issued by a health | ||||||
| 10 | carrier to provide, deliver, arrange for, pay for, or reimburse | ||||||
| 11 | any of the costs of health care services. | ||||||
| 12 | "Health care provider" or "provider" means a physician, | ||||||
| 13 | hospital facility, or other health care practitioner licensed, | ||||||
| 14 | accredited, or certified to perform specified health care | ||||||
| 15 | services consistent with State law, responsible for | ||||||
| 16 | recommending health care services on behalf of a covered | ||||||
| 17 | person. | ||||||
| 18 | "Health care services" means services for the diagnosis, | ||||||
| 19 | prevention, treatment, cure, or relief of a health condition, | ||||||
| 20 | illness, injury, or disease. | ||||||
| 21 | "Health carrier" means an entity subject to the insurance | ||||||
| 22 | laws and regulations of this State, or subject to the | ||||||
| 23 | jurisdiction of the Director, that contracts or offers to | ||||||
| 24 | contract to provide, deliver, arrange for, pay for, or | ||||||
| 25 | reimburse any of the costs of health care services, including a | ||||||
| 26 | sickness and accident insurance company, a health maintenance | ||||||
| |||||||
| |||||||
| 1 | organization, or any other entity providing a plan of health | ||||||
| 2 | insurance, health benefits, or health care services. "Health | ||||||
| 3 | carrier" also means Limited Health Service Organizations | ||||||
| 4 | (LHSO) and Voluntary Health Service Plans. | ||||||
| 5 | "Health information" means information or data, whether | ||||||
| 6 | oral or recorded in any form or medium, and personal facts or | ||||||
| 7 | information about events or relationships that relate to:
| ||||||
| 8 | (1) the past, present, or future physical, mental, or | ||||||
| 9 | behavioral health or condition of an individual or a member | ||||||
| 10 | of the individual's family; | ||||||
| 11 | (2) the provision of health care services to an | ||||||
| 12 | individual; or | ||||||
| 13 | (3) payment for the provision of health care services | ||||||
| 14 | to an individual. | ||||||
| 15 | "Independent review organization" means an entity that | ||||||
| 16 | conducts independent external reviews of adverse | ||||||
| 17 | determinations and final adverse determinations. | ||||||
| 18 | "Medical or scientific evidence" means evidence found in | ||||||
| 19 | the following sources: | ||||||
| 20 | (1) peer-reviewed scientific studies published in or | ||||||
| 21 | accepted for publication by medical journals that meet | ||||||
| 22 | nationally recognized requirements for scientific | ||||||
| 23 | manuscripts and that submit most of their published | ||||||
| 24 | articles for review by experts who are not part of the | ||||||
| 25 | editorial staff; | ||||||
| 26 | (2) peer-reviewed medical literature, including | ||||||
| |||||||
| |||||||
| 1 | literature relating to therapies reviewed and approved by a | ||||||
| 2 | qualified institutional review board, biomedical | ||||||
| 3 | compendia, and other medical literature that meet the | ||||||
| 4 | criteria of the National Institutes of Health's Library of | ||||||
| 5 | Medicine for indexing in Index Medicus (Medline) and | ||||||
| 6 | Elsevier Science Ltd. for indexing in Excerpta Medicus | ||||||
| 7 | (EMBASE); | ||||||
| 8 | (3) medical journals recognized by the Secretary of | ||||||
| 9 | Health and Human Services under Section 1861(t)(2) of the | ||||||
| 10 | federal Social Security Act; | ||||||
| 11 | (4) the following standard reference compendia:
| ||||||
| 12 | (a) The American Hospital Formulary Service-Drug | ||||||
| 13 | Information; | ||||||
| 14 | (b) Drug Facts and Comparisons; | ||||||
| 15 | (c) The American Dental Association Accepted | ||||||
| 16 | Dental Therapeutics; and | ||||||
| 17 | (d) The United States Pharmacopoeia-Drug | ||||||
| 18 | Information; | ||||||
| 19 | (5) findings, studies, or research conducted by or | ||||||
| 20 | under the auspices of federal government agencies and | ||||||
| 21 | nationally recognized federal research institutes, | ||||||
| 22 | including: | ||||||
| 23 | (a) the federal Agency for Healthcare Research and | ||||||
| 24 | Quality; | ||||||
| 25 | (b) the National Institutes of Health; | ||||||
| 26 | (c) the National Cancer Institute; | ||||||
| |||||||
| |||||||
| 1 | (d) the National Academy of Sciences; | ||||||
| 2 | (e) the Centers for Medicare & Medicaid Services; | ||||||
| 3 | (f) the federal Food and Drug Administration; and | ||||||
| 4 | (g) any national board recognized by the National | ||||||
| 5 | Institutes of Health for the purpose of evaluating the | ||||||
| 6 | medical value of health care services; or | ||||||
| 7 | (6) any other medical or scientific evidence that is | ||||||
| 8 | comparable to the sources listed in items (1) through (5). | ||||||
| 9 | "Person" means an individual, a corporation, a | ||||||
| 10 | partnership, an association, a joint venture, a joint stock | ||||||
| 11 | company, a trust, an unincorporated organization, any similar | ||||||
| 12 | entity, or any combination of the foregoing. | ||||||
| 13 | "Prospective review" means a review conducted prior to an | ||||||
| 14 | admission or the provision of a health care service or a course | ||||||
| 15 | of treatment in accordance with a health carrier's requirement | ||||||
| 16 | that the health care service or course of treatment, in whole | ||||||
| 17 | or in part, be approved prior to its provision. | ||||||
| 18 | "Protected health information" means health information | ||||||
| 19 | (i) that identifies an individual who is the subject of the | ||||||
| 20 | information; or (ii) with respect to which there is a | ||||||
| 21 | reasonable basis to believe that the information could be used | ||||||
| 22 | to identify an individual. | ||||||
| 23 | "Randomized clinical trial" means a controlled prospective | ||||||
| 24 | study of patients that have been randomized into an | ||||||
| 25 | experimental group and a control group at the beginning of the | ||||||
| 26 | study with only the experimental group of patients receiving a | ||||||
| |||||||
| |||||||
| 1 | specific intervention, which includes study of the groups for | ||||||
| 2 | variables and anticipated outcomes over time. | ||||||
| 3 | "Retrospective review" means any review of a request for a | ||||||
| 4 | benefit that is not a concurrent or prospective review request. | ||||||
| 5 | "Retrospective review" does not include the review of a claim | ||||||
| 6 | that is limited to veracity of documentation or accuracy of | ||||||
| 7 | coding. | ||||||
| 8 | "Utilization review" has the meaning provided by the | ||||||
| 9 | Managed Care Reform and Patient Rights Act. | ||||||
| 10 | "Utilization review organization" means a utilization | ||||||
| 11 | review program as defined in the Managed Care Reform and | ||||||
| 12 | Patient Rights Act.
| ||||||
| 13 | (Source: P.A. 96-857, eff. 7-1-10; 97-574, eff. 8-26-11; | ||||||
| 14 | 97-813, eff. 7-13-12; revised 11-14-13.)
| ||||||
| 15 | Section 365. The Public Utilities Act is amended by | ||||||
| 16 | changing Sections 13-903 and 21-401 as follows:
| ||||||
| 17 | (220 ILCS 5/13-903)
| ||||||
| 18 | (Section scheduled to be repealed on July 1, 2015)
| ||||||
| 19 | Sec. 13-903. Authorization, verification or notification, | ||||||
| 20 | and dispute
resolution for
covered product and service charges | ||||||
| 21 | on the telephone bill. | ||||||
| 22 | (a) Definitions. As used in this Section:
| ||||||
| 23 | (1) "Subscriber" means a
telecommunications
carrier's | ||||||
| 24 | retail business customer served by not more than 20 lines | ||||||
| |||||||
| |||||||
| 1 | or a retail
residential
customer.
| ||||||
| 2 | (2) "Telecommunications carrier" has the
meaning given | ||||||
| 3 | in Section 13-202 of the Public Utilities Act and includes | ||||||
| 4 | agents
and
employees of a telecommunications carrier, | ||||||
| 5 | except that "telecommunications
carrier"
does not include | ||||||
| 6 | a provider of commercial mobile radio services (as defined | ||||||
| 7 | by
47
U.S.C. 332(d)(1)).
| ||||||
| 8 | (b) Applicability of Section. This Section does not apply | ||||||
| 9 | to:
| ||||||
| 10 | (1) changes in a subscriber's local exchange | ||||||
| 11 | telecommunications service
or interexchange | ||||||
| 12 | telecommunications service;
| ||||||
| 13 | (2) message telecommunications charges that are | ||||||
| 14 | initiated by dialing 1+,
0+, 0-, 1010XXX, or collect calls | ||||||
| 15 | and charges for video services if the service
provider has | ||||||
| 16 | the necessary call detail record to establish the billing | ||||||
| 17 | for the
call or
service; and
| ||||||
| 18 | (3) telecommunications services available on a | ||||||
| 19 | subscriber's line when the
subscriber activates and pays | ||||||
| 20 | for the services on a per use basis.
| ||||||
| 21 | (c) Requirements for billing authorized charges. A | ||||||
| 22 | telecommunications
carrier shall
meet all of the following | ||||||
| 23 | requirements before submitting charges for any
product or | ||||||
| 24 | service to
be billed on any subscriber's telephone bill:
| ||||||
| 25 | (1) Inform the subscriber. The telecommunications | ||||||
| 26 | carrier offering the
product
or service must thoroughly | ||||||
| |||||||
| |||||||
| 1 | inform the subscriber of the product or service
being
| ||||||
| 2 | offered, including all associated charges, and explicitly | ||||||
| 3 | inform the
subscriber that
the associated charges for the | ||||||
| 4 | product or service will appear on the
subscriber's
| ||||||
| 5 | telephone bill.
| ||||||
| 6 | (2) Obtain subscriber authorization. The subscriber | ||||||
| 7 | must have clearly and
explicitly
consented to obtaining the | ||||||
| 8 | product or service offered and to having the
associated | ||||||
| 9 | charges
appear on the subscriber's telephone bill. The | ||||||
| 10 | consent must be verified by the
service
provider in | ||||||
| 11 | accordance with subsection (d) of this Section. A record of | ||||||
| 12 | the
consent must
be maintained by the telecommunications | ||||||
| 13 | carrier offering the product or service
for at
least 24 | ||||||
| 14 | months immediately after the consent and verification were | ||||||
| 15 | obtained.
| ||||||
| 16 | (d) Verification or notification. Except in | ||||||
| 17 | subscriber-initiated
transactions with a
certificated | ||||||
| 18 | telecommunications carrier for which the telecommunications
| ||||||
| 19 | carrier has the
appropriate documentation, the | ||||||
| 20 | telecommunications carrier, after obtaining the
subscriber's
| ||||||
| 21 | authorization in the required manner, shall either verify the | ||||||
| 22 | authorization or
notify the
subscriber as follows:
| ||||||
| 23 | (1) Independent third-party verification:
| ||||||
| 24 | (A) Verification shall be obtained by an | ||||||
| 25 | independent third party
that:
| ||||||
| 26 | (i) operates from a facility physically | ||||||
| |||||||
| |||||||
| 1 | separate from that
of the telecommunications | ||||||
| 2 | carrier;
| ||||||
| 3 | (ii) is not directly or indirectly managed, | ||||||
| 4 | controlled,
directed, or owned wholly or in part by | ||||||
| 5 | the telecommunications
carrier or the carrier's | ||||||
| 6 | marketing agent; and
| ||||||
| 7 | (iii) does not derive commissions or | ||||||
| 8 | compensation based
upon the number of sales | ||||||
| 9 | confirmed.
| ||||||
| 10 | (B) The third-party verification agent shall | ||||||
| 11 | state, and shall
obtain the subscriber's | ||||||
| 12 | acknowledgment of, the following disclosures:
| ||||||
| 13 | (i) the subscriber's name, address, and the | ||||||
| 14 | telephone
numbers of all telephone lines that will | ||||||
| 15 | be charged for the
product or service of the | ||||||
| 16 | telecommunications carrier;
| ||||||
| 17 | (ii) that the person speaking to the third | ||||||
| 18 | party verification
agent is in fact the | ||||||
| 19 | subscriber;
| ||||||
| 20 | (iii) that the subscriber wishes to purchase | ||||||
| 21 | the product or
service of the telecommunications | ||||||
| 22 | carrier and is agreeing to do so;
| ||||||
| 23 | (iv) that the subscriber understands that the | ||||||
| 24 | charges for the
product or service of the | ||||||
| 25 | telecommunications carrier will appear
on the | ||||||
| 26 | subscriber's telephone bill; and
| ||||||
| |||||||
| |||||||
| 1 | (v) the name and customer service telephone | ||||||
| 2 | number of
the telecommunications carrier.
| ||||||
| 3 | (C) The telecommunications carrier shall retain, | ||||||
| 4 | electronically
or otherwise, proof of the verification | ||||||
| 5 | of sales for a minimum of 24
months.
| ||||||
| 6 | (2) Notification. Written notification shall be | ||||||
| 7 | provided as follows:
| ||||||
| 8 | (A) the telecommunications carrier shall mail a | ||||||
| 9 | letter to the
subscriber using first class mail, | ||||||
| 10 | postage prepaid, no later than 10 days
after initiation | ||||||
| 11 | of the product or service;
| ||||||
| 12 | (B) the letter shall be a separate document sent | ||||||
| 13 | for the sole
purpose of describing the product or | ||||||
| 14 | service of the telecommunications
carrier;
| ||||||
| 15 | (C) the letter shall be printed with 10-point or | ||||||
| 16 | larger type and
clearly and conspicuously disclose the | ||||||
| 17 | material terms and conditions of
the offer of the | ||||||
| 18 | telecommunications carrier, as described in paragraph | ||||||
| 19 | (1)
of subsection (c);
| ||||||
| 20 | (D) the letter shall contain a toll-free telephone | ||||||
| 21 | number the
subscriber can call to cancel the product or | ||||||
| 22 | service;
| ||||||
| 23 | (E) the telecommunications carrier shall retain, | ||||||
| 24 | electronically
or otherwise, proof of written | ||||||
| 25 | notification for a minimum of 24 months; and
| ||||||
| 26 | (F) written notification can be provided via | ||||||
| |||||||
| |||||||
| 1 | electronic mail if
consumers are given the disclosures | ||||||
| 2 | required by Section 101(c) of the
Electronic | ||||||
| 3 | Signatures in Global and National Commerce Act.
| ||||||
| 4 | (e) Unauthorized charges.
| ||||||
| 5 | (1) Responsibilities of the billing telecommunications | ||||||
| 6 | carrier for
unauthorized
charges. If a subscriber's | ||||||
| 7 | telephone bill is charged for any product or
service | ||||||
| 8 | without
proper subscriber authorization and verification | ||||||
| 9 | or notification of
authorization in
compliance with this | ||||||
| 10 | Section, the telecommunications carrier that billed the
| ||||||
| 11 | subscriber,
on its knowledge or notification of any | ||||||
| 12 | unauthorized charge, shall promptly,
but not later
than 45 | ||||||
| 13 | days after the date of the knowledge or notification of an | ||||||
| 14 | unauthorized
charge:
| ||||||
| 15 | (A) notify the product or service provider to | ||||||
| 16 | immediately cease charging
the subscriber for the | ||||||
| 17 | unauthorized product or service;
| ||||||
| 18 | (B) remove the unauthorized charge from the | ||||||
| 19 | subscriber's bill; and
| ||||||
| 20 | (C) refund or credit to the subscriber all money | ||||||
| 21 | that the subscriber has
paid for any unauthorized | ||||||
| 22 | charge.
| ||||||
| 23 | (f) The Commission shall promulgate any rules necessary to | ||||||
| 24 | ensure that
subscribers are
not billed on the telephone bill | ||||||
| 25 | for products or services in a manner not in
compliance with | ||||||
| 26 | this
Section. The rules promulgated under this Section shall | ||||||
| |||||||
| |||||||
| 1 | comport with the
rules, if any,
promulgated by the Attorney | ||||||
| 2 | General pursuant to the Consumer Fraud and
Deceptive Business
| ||||||
| 3 | Practices Act and with any rules promulgated by the Federal | ||||||
| 4 | Communications
Commission or
Federal Trade Commission.
| ||||||
| 5 | (g) Complaints may be filed with the Commission under this | ||||||
| 6 | Section by a
subscriber
who has been billed on the telephone | ||||||
| 7 | bill for products or services not in
compliance with this
| ||||||
| 8 | Section or by the Commission on its own motion. Upon filing of | ||||||
| 9 | the complaint,
the parties
may mutually agree to submit the | ||||||
| 10 | complaint to the Commission's established
mediation
process. | ||||||
| 11 | Remedies in the mediation process may include, but shall not be
| ||||||
| 12 | limited to, the
remedies set forth in paragraphs (1) through | ||||||
| 13 | (4) of this subsection. In its
discretion, the
Commission may | ||||||
| 14 | deny the availability of the mediation process and submit the
| ||||||
| 15 | complaint to
hearings. If the complaint is not submitted to | ||||||
| 16 | mediation or if no agreement is
reached during
the mediation | ||||||
| 17 | process, hearings shall be held on the complaint pursuant to
| ||||||
| 18 | Article X 10 of this
Act. If after notice and hearing, the | ||||||
| 19 | Commission finds that a
telecommunications carrier has
| ||||||
| 20 | violated this Section or a rule promulgated under this Section, | ||||||
| 21 | the Commission
may in its
discretion order any one or more of | ||||||
| 22 | the following:
| ||||||
| 23 | (1) Require the violating telecommunications carrier | ||||||
| 24 | to pay a fine of up
to $1,000
into the Public Utility Fund | ||||||
| 25 | for each repeated and intentional violation of
this | ||||||
| 26 | Section.
| ||||||
| |||||||
| |||||||
| 1 | (2) Require the violating carrier to refund or cancel | ||||||
| 2 | all charges for
products
or
services not billed in | ||||||
| 3 | compliance with this Section.
| ||||||
| 4 | (3) Issue a cease and desist order.
| ||||||
| 5 | (4) For a pattern of violation of this Section or for | ||||||
| 6 | intentionally
violating a
cease
and desist order, revoke | ||||||
| 7 | the violating telecommunications carrier's certificate
of | ||||||
| 8 | service
authority.
| ||||||
| 9 | (Source: P.A. 92-22, eff. 6-30-01; revised 11-12-13.)
| ||||||
| 10 | (220 ILCS 5/21-401) | ||||||
| 11 | (Section scheduled to be repealed on July 1, 2015) | ||||||
| 12 | Sec. 21-401. Applications. | ||||||
| 13 | (a)(1) A person or entity seeking to provide cable service | ||||||
| 14 | or video service pursuant to this Article shall not use the | ||||||
| 15 | public rights-of-way for the installation or construction of | ||||||
| 16 | facilities for the provision of cable service or video service | ||||||
| 17 | or offer cable service or video service until it has obtained a | ||||||
| 18 | State-issued authorization to offer or provide cable or video | ||||||
| 19 | service under this Section, except as provided for in item (2) | ||||||
| 20 | of this subsection (a). All cable or video providers offering | ||||||
| 21 | or providing service in this State shall have authorization | ||||||
| 22 | pursuant to either (i) the Cable and Video Competition Law of | ||||||
| 23 | 2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the | ||||||
| 24 | Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section | ||||||
| 25 | 5-1095 of the Counties Code (55 ILCS 5/5-1095). | ||||||
| |||||||
| |||||||
| 1 | (2) Nothing in this Section shall prohibit a local unit of | ||||||
| 2 | government from granting a permit to a person or entity for the | ||||||
| 3 | use of the public rights-of-way to install or construct | ||||||
| 4 | facilities to provide cable service or video service, at its | ||||||
| 5 | sole discretion. No unit of local government shall be liable | ||||||
| 6 | for denial or delay of a permit prior to the issuance of a | ||||||
| 7 | State-issued authorization. | ||||||
| 8 | (b) The application to the Commission for State-issued | ||||||
| 9 | authorization shall contain a completed affidavit submitted by | ||||||
| 10 | the applicant and signed by an officer or general partner of | ||||||
| 11 | the applicant affirming all of the following: | ||||||
| 12 | (1) That the applicant has filed or will timely file | ||||||
| 13 | with the Federal Communications Commission all forms | ||||||
| 14 | required by that agency in advance of offering cable | ||||||
| 15 | service or video service in this State. | ||||||
| 16 | (2) That the applicant agrees to comply with all | ||||||
| 17 | applicable federal and State statutes and regulations. | ||||||
| 18 | (3) That the applicant agrees to comply with all | ||||||
| 19 | applicable local unit of government regulations. | ||||||
| 20 | (4) An exact description of the cable service or video | ||||||
| 21 | service area where the cable service or video service will | ||||||
| 22 | be offered during the term of the State-issued | ||||||
| 23 | authorization. The service area shall be identified in | ||||||
| 24 | terms of either (i) exchanges, as that term is defined in | ||||||
| 25 | Section 13-206 of this Act; (ii) a collection of United | ||||||
| 26 | States Census Bureau Block numbers (13 digit); (iii) if the | ||||||
| |||||||
| |||||||
| 1 | area is smaller than the areas identified in either (i) or | ||||||
| 2 | (ii), by geographic information system digital boundaries | ||||||
| 3 | meeting or exceeding national map accuracy standards; or | ||||||
| 4 | (iv) local unit of government. The description shall | ||||||
| 5 | include the number of low-income households within the | ||||||
| 6 | service area or footprint. If an applicant is a an | ||||||
| 7 | incumbent cable operator, the incumbent cable operator and | ||||||
| 8 | any successor-in-interest shall be obligated to provide | ||||||
| 9 | access to cable services or video services within any local | ||||||
| 10 | units of government at the same levels required by the | ||||||
| 11 | local franchising authorities for the local unit of | ||||||
| 12 | government on June 30, 2007
(the effective date of Public | ||||||
| 13 | Act 95-9),
and its application shall provide a description | ||||||
| 14 | of an area no smaller than the service areas contained in | ||||||
| 15 | its franchise or franchises
within the jurisdiction of the | ||||||
| 16 | local unit of government in which it seeks to offer cable | ||||||
| 17 | or video service. | ||||||
| 18 | (5) The location and telephone number of the | ||||||
| 19 | applicant's principal place of business within this State | ||||||
| 20 | and the names of the applicant's principal executive | ||||||
| 21 | officers who are responsible for communications concerning | ||||||
| 22 | the application and the services to be offered pursuant to | ||||||
| 23 | the application, the applicant's legal name, and any name | ||||||
| 24 | or names under which the applicant does or will provide | ||||||
| 25 | cable services or video services in this State. | ||||||
| 26 | (6) A certification that the applicant has | ||||||
| |||||||
| |||||||
| 1 | concurrently delivered a copy of the application to all | ||||||
| 2 | local units of government that include all or any part of | ||||||
| 3 | the service area identified in item (4) of this subsection | ||||||
| 4 | (b)
within such local unit of government's jurisdictional | ||||||
| 5 | boundaries. | ||||||
| 6 | (7) The expected date that cable service or video | ||||||
| 7 | service will be initially offered in the area identified in | ||||||
| 8 | item (4) of this subsection (b). In the event that a holder | ||||||
| 9 | does not offer cable services or video services within 3
| ||||||
| 10 | months after the expected date, it shall amend its | ||||||
| 11 | application and update the expected date service will be | ||||||
| 12 | offered and explain the delay in offering cable services or | ||||||
| 13 | video services. | ||||||
| 14 | (8) For any entity that received State-issued | ||||||
| 15 | authorization prior to this amendatory Act of the 98th | ||||||
| 16 | General Assembly as a cable operator and that intends to | ||||||
| 17 | proceed as a cable operator under this Article, the entity | ||||||
| 18 | shall file a written affidavit with the Commission and | ||||||
| 19 | shall serve a copy of the affidavit with any local units of | ||||||
| 20 | government affected by the authorization within 30 days | ||||||
| 21 | after the effective date of this amendatory Act of the 98th | ||||||
| 22 | General Assembly stating that the holder will be providing | ||||||
| 23 | cable service under the State-issued authorization. | ||||||
| 24 | The application shall include adequate assurance that the | ||||||
| 25 | applicant possesses the financial, managerial, legal, and | ||||||
| 26 | technical qualifications necessary to construct and operate | ||||||
| |||||||
| |||||||
| 1 | the proposed system, to promptly repair any damage to the | ||||||
| 2 | public right-of-way caused by the applicant, and to pay the | ||||||
| 3 | cost of removal of its facilities. To accomplish these | ||||||
| 4 | requirements, the applicant may, at the time the applicant | ||||||
| 5 | seeks to use the public rights-of-way in that jurisdiction, be | ||||||
| 6 | required by the State of Illinois or
later be required by the | ||||||
| 7 | local unit of government, or both, to post a bond, produce a | ||||||
| 8 | certificate of insurance, or otherwise demonstrate its | ||||||
| 9 | financial responsibility. | ||||||
| 10 | The application shall include the applicant's general | ||||||
| 11 | standards related to customer service required by Section | ||||||
| 12 | 22-501 of this Act, which shall include, but not be limited to, | ||||||
| 13 | installation, disconnection, service and repair obligations; | ||||||
| 14 | appointment hours; employee ID requirements; customer service | ||||||
| 15 | telephone numbers and hours; procedures for billing, charges, | ||||||
| 16 | deposits, refunds, and credits; procedures for termination of | ||||||
| 17 | service; notice of deletion of programming service and changes | ||||||
| 18 | related to transmission of programming or changes or increases | ||||||
| 19 | in rates; use and availability of parental control or lock-out | ||||||
| 20 | devices; complaint procedures and procedures for bill dispute | ||||||
| 21 | resolution and a description of the rights and remedies | ||||||
| 22 | available to consumers if the holder does not materially meet | ||||||
| 23 | their customer service standards; and special services for | ||||||
| 24 | customers with visual, hearing, or mobility disabilities. | ||||||
| 25 | (c)(1) The applicant may designate information that it | ||||||
| 26 | submits in its application or subsequent reports as | ||||||
| |||||||
| |||||||
| 1 | confidential or proprietary, provided that the applicant | ||||||
| 2 | states the reasons the confidential designation is necessary. | ||||||
| 3 | The Commission shall provide adequate protection for such | ||||||
| 4 | information pursuant to Section 4-404 of this Act. If the | ||||||
| 5 | Commission, a local unit of government, or any other party | ||||||
| 6 | seeks public disclosure of information designated as | ||||||
| 7 | confidential, the Commission shall consider the confidential | ||||||
| 8 | designation in a proceeding under the Illinois Administrative | ||||||
| 9 | Procedure
Act, and the burden of proof to demonstrate that the | ||||||
| 10 | designated information is confidential shall be upon the | ||||||
| 11 | applicant. Designated information shall remain confidential | ||||||
| 12 | pending the Commission's determination of whether the | ||||||
| 13 | information is entitled to confidential treatment. Information | ||||||
| 14 | designated as confidential shall be provided to local units of | ||||||
| 15 | government for purposes of assessing compliance with this | ||||||
| 16 | Article as permitted under a Protective Order issued by the | ||||||
| 17 | Commission pursuant to the Commission's rules and to the | ||||||
| 18 | Attorney General pursuant to Section 6.5 of the Attorney | ||||||
| 19 | General Act
(15 ILCS 205/6.5). Information designated as | ||||||
| 20 | confidential under this Section or determined to be | ||||||
| 21 | confidential upon Commission review shall only be disclosed | ||||||
| 22 | pursuant to a valid and enforceable subpoena or court order or | ||||||
| 23 | as required by the Freedom of Information Act. Nothing herein | ||||||
| 24 | shall delay the application approval timeframes set forth in | ||||||
| 25 | this Article. | ||||||
| 26 | (2) Information regarding the location of video services | ||||||
| |||||||
| |||||||
| 1 | that have been or are being offered to the public and aggregate | ||||||
| 2 | information included in the reports required by this Article | ||||||
| 3 | shall not be designated or treated as confidential. | ||||||
| 4 | (d)(1) The Commission shall post all applications it | ||||||
| 5 | receives under this Article on its web site within 5
business | ||||||
| 6 | days. | ||||||
| 7 | (2) The Commission shall notify an applicant for a cable | ||||||
| 8 | service or video service authorization whether the applicant's | ||||||
| 9 | application and affidavit are complete on or before the 15th | ||||||
| 10 | business day after the applicant submits the application. If | ||||||
| 11 | the application and affidavit are not complete, the Commission | ||||||
| 12 | shall state in its notice all of the reasons the application or | ||||||
| 13 | affidavit are incomplete, and the applicant shall resubmit a | ||||||
| 14 | complete application. The Commission shall have 30 days after | ||||||
| 15 | submission by the applicant of a complete application and | ||||||
| 16 | affidavit to issue the service authorization. If the Commission | ||||||
| 17 | does not notify the applicant regarding the completeness of the | ||||||
| 18 | application and affidavit or issue the service authorization | ||||||
| 19 | within the time periods required under this subsection, the | ||||||
| 20 | application and affidavit shall be considered complete and the | ||||||
| 21 | service authorization issued upon the expiration of the 30th | ||||||
| 22 | day. | ||||||
| 23 | (e) Any authorization issued by the Commission will expire | ||||||
| 24 | on December 31, 2015 and shall contain or include all of the | ||||||
| 25 | following: | ||||||
| 26 | (1) A grant of authority, including an authorization | ||||||
| |||||||
| |||||||
| 1 | issued prior to this amendatory Act of the 98th General | ||||||
| 2 | Assembly, to provide cable service or video service in the | ||||||
| 3 | service area footprint as requested in the application, | ||||||
| 4 | subject to the provisions of this Article in existence on | ||||||
| 5 | the date the grant of authority was issued, and any | ||||||
| 6 | modifications to this Article enacted at any time prior to | ||||||
| 7 | the date in Section 21-1601 of this Act, and to the laws of | ||||||
| 8 | the State and the ordinances, rules, and regulations of the | ||||||
| 9 | local units of government. | ||||||
| 10 | (2) A grant of authority to use, occupy, and construct | ||||||
| 11 | facilities in the public rights-of-way for the delivery of | ||||||
| 12 | cable service or video service in the service area | ||||||
| 13 | footprint, subject to the laws, ordinances, rules, or | ||||||
| 14 | regulations of this State and local units of governments. | ||||||
| 15 | (3) A statement that the grant of authority is subject | ||||||
| 16 | to lawful operation of the cable service or video service | ||||||
| 17 | by the applicant, its affiliated entities, or its | ||||||
| 18 | successors-in-interest. | ||||||
| 19 | (4) The Commission shall notify a local unit of | ||||||
| 20 | government within 3
business days of the grant of any | ||||||
| 21 | authorization within a service area footprint if that | ||||||
| 22 | authorization includes any part of the local unit of | ||||||
| 23 | government's jurisdictional boundaries and state whether | ||||||
| 24 | the holder will be providing video service or cable service | ||||||
| 25 | under the authorization. | ||||||
| 26 | (f) The authorization issued pursuant to this Section
by | ||||||
| |||||||
| |||||||
| 1 | the Commission may be transferred to any successor-in-interest | ||||||
| 2 | to the applicant to which it is initially granted without | ||||||
| 3 | further Commission action if the successor-in-interest (i) | ||||||
| 4 | submits an application and the information required by | ||||||
| 5 | subsection (b) of this Section
for the successor-in-interest | ||||||
| 6 | and (ii) is not in violation of this Article or of any federal, | ||||||
| 7 | State, or local law, ordinance, rule, or regulation. A | ||||||
| 8 | successor-in-interest shall file its application and notice of | ||||||
| 9 | transfer with the Commission and the relevant local units of | ||||||
| 10 | government no less than 15
business days prior to the | ||||||
| 11 | completion of the transfer. The Commission is not required or | ||||||
| 12 | authorized to act upon the notice of transfer; however, the | ||||||
| 13 | transfer is not effective until the Commission approves the | ||||||
| 14 | successor-in-interest's application. A local unit of | ||||||
| 15 | government or the Attorney General may seek to bar a transfer | ||||||
| 16 | of ownership by filing suit in a court of competent | ||||||
| 17 | jurisdiction predicated on the existence of a material and | ||||||
| 18 | continuing breach of this Article by the holder, a pattern of | ||||||
| 19 | noncompliance with customer service standards by the potential | ||||||
| 20 | successor-in-interest, or the insolvency of the potential | ||||||
| 21 | successor-in-interest. If a transfer is made when there are | ||||||
| 22 | violations of this Article or of any federal, State, or local | ||||||
| 23 | law, ordinance, rule, or regulation, the successor-in-interest | ||||||
| 24 | shall be subject to 3
times the penalties provided for in this | ||||||
| 25 | Article. | ||||||
| 26 | (g) The authorization issued pursuant to Section 21-401 of | ||||||
| |||||||
| |||||||
| 1 | this Article by the Commission may be terminated, or its cable | ||||||
| 2 | service or video service area footprint may be modified, by the | ||||||
| 3 | cable service provider or video service provider by submitting | ||||||
| 4 | notice to the Commission and to the relevant local unit of | ||||||
| 5 | government containing a description of the change on the same | ||||||
| 6 | terms as the initial description pursuant to item (4) of | ||||||
| 7 | subsection (b) of this Section. The Commission is not required | ||||||
| 8 | or authorized to act upon that notice. It shall be a violation | ||||||
| 9 | of this Article for a holder to discriminate against potential | ||||||
| 10 | residential subscribers because of the race or income of the | ||||||
| 11 | residents in the local area in which the group resides by | ||||||
| 12 | terminating or modifying its cable service or video service | ||||||
| 13 | area footprint. It shall be a violation of this Article for a | ||||||
| 14 | holder to terminate or modify its cable service or video | ||||||
| 15 | service area footprint if it leaves an area with no cable | ||||||
| 16 | service or video service from any provider. | ||||||
| 17 | (h) The Commission's authority to administer this Article | ||||||
| 18 | is limited to the powers and duties explicitly provided under | ||||||
| 19 | this Article. Its authority under this Article does not include | ||||||
| 20 | or limit the powers and duties that the Commission has under | ||||||
| 21 | the other Articles of this Act, the Illinois Administrative | ||||||
| 22 | Procedure Act,
or any other law or regulation to conduct | ||||||
| 23 | proceedings, other than as provided in subsection (c), or has | ||||||
| 24 | to promulgate rules or regulations. The Commission shall not | ||||||
| 25 | have the authority to limit or expand the obligations and | ||||||
| 26 | requirements provided in this Section or to regulate or control | ||||||
| |||||||
| |||||||
| 1 | a person or entity to the extent that person or entity is | ||||||
| 2 | providing cable service or video service, except as provided in | ||||||
| 3 | this Article.
| ||||||
| 4 | (Source: P.A. 98-45, eff. 6-28-13; revised 11-12-13.)
| ||||||
| 5 | Section 370. The Illinois Gas Pipeline Safety Act is | ||||||
| 6 | amended by changing Section 2 as follows:
| ||||||
| 7 | (220 ILCS 20/2) (from Ch. 111 2/3, par. 552)
| ||||||
| 8 | Sec. 2.
As used in this Act, unless the context, otherwise | ||||||
| 9 | requires, the terms
specified in the Sections following this | ||||||
| 10 | Section and preceding Section 3 Sections 2.01 through 2.07 have | ||||||
| 11 | the meanings ascribed to them
in those Sections.
| ||||||
| 12 | (Source: P.A. 76-1588; revised 11-14-13.)
| ||||||
| 13 | Section 375. The Child Care Act of 1969 is amended by | ||||||
| 14 | changing Section 2 as follows:
| ||||||
| 15 | (225 ILCS 10/2) (from Ch. 23, par. 2212)
| ||||||
| 16 | Sec. 2. Terms used in this Act, unless the context | ||||||
| 17 | otherwise requires,
have the meanings ascribed to them in the | ||||||
| 18 | Sections following this Section and preceding Section 3 | ||||||
| 19 | Sections 2.01 through 2.27.
| ||||||
| 20 | (Source: P.A. 94-586, eff. 8-15-05; revised 11-14-13.)
| ||||||
| 21 | Section 380. The Clinical Social Work and Social Work | ||||||
| |||||||
| |||||||
| 1 | Practice Act is amended by changing Section 19 as follows:
| ||||||
| 2 | (225 ILCS 20/19) (from Ch. 111, par. 6369)
| ||||||
| 3 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 4 | Sec. 19. Grounds for disciplinary action.
| ||||||
| 5 | (1) The Department may refuse to issue, refuse to renew, | ||||||
| 6 | suspend, or
revoke any license, or may place on probation, | ||||||
| 7 | censure, reprimand, or take
other disciplinary or | ||||||
| 8 | non-disciplinary action deemed appropriate by the Department, | ||||||
| 9 | including the
imposition of fines not to exceed $10,000
for | ||||||
| 10 | each violation, with regard to any
license issued under the | ||||||
| 11 | provisions of this Act for any one or a combination of
the | ||||||
| 12 | following reasons:
| ||||||
| 13 | (a) material misstatements of fact in furnishing | ||||||
| 14 | information to the
Department or to any other State agency | ||||||
| 15 | or in furnishing information to any
insurance company with | ||||||
| 16 | respect to a claim on behalf of a licensee or a patient;
| ||||||
| 17 | (b) violations or negligent or intentional disregard | ||||||
| 18 | of this Act, or any
of the rules promulgated hereunder;
| ||||||
| 19 | (c) conviction of or entry of a plea of guilty or nolo | ||||||
| 20 | contendere to any crime that is a felony under the laws of | ||||||
| 21 | the United States or any
state or territory thereof or that | ||||||
| 22 | is a misdemeanor, of
which an essential
element is | ||||||
| 23 | dishonesty, or any crime that is directly related
to the | ||||||
| 24 | practice of the clinical social work or social work | ||||||
| 25 | professions;
| ||||||
| |||||||
| |||||||
| 1 | (d) making any misrepresentation for the purpose of | ||||||
| 2 | obtaining licenses,
or violating any provision of this Act | ||||||
| 3 | or any of the rules promulgated
hereunder;
| ||||||
| 4 | (e) professional incompetence;
| ||||||
| 5 | (f) malpractice;
| ||||||
| 6 | (g) aiding or assisting another person in violating any | ||||||
| 7 | provision of or this
Act or any rules;
| ||||||
| 8 | (h) failing to provide information within 30 days in | ||||||
| 9 | response to a
written request made by the Department;
| ||||||
| 10 | (i) engaging in dishonorable, unethical or | ||||||
| 11 | unprofessional conduct of a
character likely to deceive, | ||||||
| 12 | defraud or harm the public as defined by the
rules of the | ||||||
| 13 | Department, or violating the rules of professional conduct
| ||||||
| 14 | adopted by the Board and published by the Department;
| ||||||
| 15 | (j) habitual
or excessive use or addiction to alcohol, | ||||||
| 16 | narcotics, stimulants, or any other
chemical agent or drug | ||||||
| 17 | that results in a clinical social worker's or social
| ||||||
| 18 | worker's inability to practice
with reasonable judgment, | ||||||
| 19 | skill, or safety;
| ||||||
| 20 | (k) discipline by another jurisdiction, if at least one | ||||||
| 21 | of the grounds
for the discipline is the same or | ||||||
| 22 | substantially equivalent to those set
forth in this | ||||||
| 23 | Section;
| ||||||
| 24 | (l) directly or indirectly giving to or receiving from | ||||||
| 25 | any person, firm,
corporation, partnership, or association | ||||||
| 26 | any fee, commission, rebate or
other form of compensation | ||||||
| |||||||
| |||||||
| 1 | for any professional service not actually rendered. | ||||||
| 2 | Nothing in this paragraph (l) affects any bona fide | ||||||
| 3 | independent contractor or employment arrangements among | ||||||
| 4 | health care professionals, health facilities, health care | ||||||
| 5 | providers, or other entities, except as otherwise | ||||||
| 6 | prohibited by law. Any employment arrangements may include | ||||||
| 7 | provisions for compensation, health insurance, pension, or | ||||||
| 8 | other employment benefits for the provision of services | ||||||
| 9 | within the scope of the licensee's practice under this Act. | ||||||
| 10 | Nothing in this paragraph (l) shall be construed to require | ||||||
| 11 | an employment arrangement to receive professional fees for | ||||||
| 12 | services rendered;
| ||||||
| 13 | (m) a finding by the Board that the licensee, after | ||||||
| 14 | having the license
placed on probationary status, has | ||||||
| 15 | violated the terms of probation;
| ||||||
| 16 | (n) abandonment, without cause, of a client;
| ||||||
| 17 | (o) wilfully filing false reports relating to a | ||||||
| 18 | licensee's practice,
including but not limited to false | ||||||
| 19 | records filed with Federal or State
agencies or | ||||||
| 20 | departments;
| ||||||
| 21 | (p) wilfully failing to report an instance of suspected | ||||||
| 22 | child abuse or
neglect as required by the Abused and | ||||||
| 23 | Neglected Child Reporting Act;
| ||||||
| 24 | (q) being named as a perpetrator in an indicated report | ||||||
| 25 | by the
Department of Children and Family Services under the | ||||||
| 26 | Abused and
Neglected Child Reporting Act, and upon proof by | ||||||
| |||||||
| |||||||
| 1 | clear and convincing evidence
that the licensee has caused | ||||||
| 2 | a child to be or failed to take reasonable steps to prevent | ||||||
| 3 | a child from being an abused child or neglected child
as | ||||||
| 4 | defined in the Abused and Neglected Child Reporting Act;
| ||||||
| 5 | (r) physical illness, mental illness, or any other | ||||||
| 6 | impairment or disability, including, but not limited to,
| ||||||
| 7 | deterioration through the
aging process, or loss of motor | ||||||
| 8 | skills that results in the inability
to practice the | ||||||
| 9 | profession with reasonable judgment, skill or safety;
| ||||||
| 10 | (s) solicitation of professional services by using | ||||||
| 11 | false or
misleading advertising; or
| ||||||
| 12 | (t) violation of the Health Care Worker Self-Referral | ||||||
| 13 | Act.
| ||||||
| 14 | (2) (Blank).
| ||||||
| 15 | (3) The determination by a court that a licensee is subject | ||||||
| 16 | to
involuntary
admission or judicial admission as provided in | ||||||
| 17 | the Mental Health and
Developmental Disabilities Code, will | ||||||
| 18 | result in an automatic suspension of his
license. Such | ||||||
| 19 | suspension will end upon a finding by a court that the licensee
| ||||||
| 20 | is no longer subject to involuntary admission or judicial | ||||||
| 21 | admission and issues
an order so finding and discharging the | ||||||
| 22 | patient, and upon the recommendation of
the Board to the | ||||||
| 23 | Secretary that the licensee be allowed to resume professional
| ||||||
| 24 | practice.
| ||||||
| 25 | (4) The Department may refuse to issue or renew or may | ||||||
| 26 | suspend the license of a
person who (i) fails to file a return, | ||||||
| |||||||
| |||||||
| 1 | pay the tax, penalty, or interest shown in a
filed return, or | ||||||
| 2 | pay any final assessment of tax, penalty, or interest, as
| ||||||
| 3 | required by any tax Act administered by the Department of | ||||||
| 4 | Revenue,
until the requirements of the tax Act are satisfied or | ||||||
| 5 | (ii) has failed to pay any court-ordered child support as | ||||||
| 6 | determined by a court order or by
referral from the Department | ||||||
| 7 | of Healthcare and Family Services.
| ||||||
| 8 | (5) In enforcing this Section, the Board upon a showing of | ||||||
| 9 | a possible
violation may compel a person licensed to practice | ||||||
| 10 | under this Act, or
who has applied for licensure or | ||||||
| 11 | certification pursuant to this Act, to submit
to a mental or | ||||||
| 12 | physical examination, or both, as required by and at the | ||||||
| 13 | expense
of the Department. The examining physicians
shall be | ||||||
| 14 | those specifically designated by the Board.
The Board or the | ||||||
| 15 | Department may order the examining physician
to present | ||||||
| 16 | testimony concerning this mental or physical
examination
of the | ||||||
| 17 | licensee or applicant. No information shall be excluded by | ||||||
| 18 | reason of
any common law or statutory privilege relating to | ||||||
| 19 | communications between the
licensee or applicant and the | ||||||
| 20 | examining physician.
The person to be examined may have, at his | ||||||
| 21 | or her own expense, another
physician of his or her choice | ||||||
| 22 | present during all
aspects of the examination. Failure of any | ||||||
| 23 | person to submit to a mental or
physical examination, when | ||||||
| 24 | directed, shall be grounds for suspension of a
license until | ||||||
| 25 | the person submits to the examination if the Board finds,
after | ||||||
| 26 | notice and hearing, that the refusal to submit to the | ||||||
| |||||||
| |||||||
| 1 | examination was
without reasonable cause.
| ||||||
| 2 | If the Board finds a person unable to practice because of | ||||||
| 3 | the reasons
set forth in this Section, the Board may require | ||||||
| 4 | that person to submit to
care, counseling, or treatment by | ||||||
| 5 | physicians
approved
or designated by the Board, as a condition, | ||||||
| 6 | term, or restriction for continued,
reinstated, or
renewed | ||||||
| 7 | licensure to practice; or, in lieu of care, counseling or | ||||||
| 8 | treatment,
the
Board may recommend to the Department to file a | ||||||
| 9 | complaint to immediately
suspend, revoke or otherwise | ||||||
| 10 | discipline the license of the person.
Any person whose
license | ||||||
| 11 | was granted, continued, reinstated, renewed, disciplined or | ||||||
| 12 | supervised
subject to such terms, conditions or restrictions, | ||||||
| 13 | and who fails to comply with
such terms, conditions, or | ||||||
| 14 | restrictions, shall be referred to the Secretary for
a
| ||||||
| 15 | determination as to whether the person shall have his or her | ||||||
| 16 | license
suspended immediately, pending a hearing by the Board.
| ||||||
| 17 | In instances in which the Secretary immediately suspends a | ||||||
| 18 | person's license
under this Section, a hearing on that person's | ||||||
| 19 | license must be convened by
the Board within 30 days after the | ||||||
| 20 | suspension and completed without appreciable
delay.
The Board | ||||||
| 21 | shall have the authority to review the subject person's record | ||||||
| 22 | of
treatment and counseling regarding the impairment, to the | ||||||
| 23 | extent permitted by
applicable federal statutes and | ||||||
| 24 | regulations safeguarding the confidentiality of
medical | ||||||
| 25 | records.
| ||||||
| 26 | A person licensed under this Act and affected under this | ||||||
| |||||||
| |||||||
| 1 | Section shall
be
afforded an opportunity to demonstrate to the | ||||||
| 2 | Board that he or she can resume
practice in compliance with | ||||||
| 3 | acceptable and prevailing standards under the
provisions of his | ||||||
| 4 | or her license.
| ||||||
| 5 | (Source: P.A. 95-687, eff. 10-23-07; 96-1482, eff. 11-29-10; | ||||||
| 6 | revised 11-14-13.)
| ||||||
| 7 | Section 385. The Illinois Dental Practice Act is amended by | ||||||
| 8 | changing Section 17 as follows:
| ||||||
| 9 | (225 ILCS 25/17) (from Ch. 111, par. 2317)
| ||||||
| 10 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
| 11 | Sec. 17. Acts Constituting the Practice of Dentistry. A | ||||||
| 12 | person
practices dentistry, within the meaning of this Act:
| ||||||
| 13 | (1) Who represents himself or herself as being able to | ||||||
| 14 | diagnose or diagnoses,
treats, prescribes, or operates for | ||||||
| 15 | any disease, pain, deformity, deficiency,
injury, or | ||||||
| 16 | physical condition of the human tooth, teeth, alveolar | ||||||
| 17 | process,
gums or jaw; or
| ||||||
| 18 | (2) Who is a manager, proprietor, operator or conductor | ||||||
| 19 | of a
business where
dental operations are performed; or
| ||||||
| 20 | (3) Who performs dental operations of any kind; or
| ||||||
| 21 | (4) Who uses an X-Ray machine or X-Ray films for
dental | ||||||
| 22 | diagnostic purposes; or
| ||||||
| 23 | (5) Who extracts a human tooth or teeth, or corrects or | ||||||
| 24 | attempts to
correct
malpositions of the human teeth or | ||||||
| |||||||
| |||||||
| 1 | jaws; or
| ||||||
| 2 | (6) Who offers or undertakes, by any means or method, | ||||||
| 3 | to diagnose, treat
or remove stains, calculus, and bonding | ||||||
| 4 | materials from human teeth or jaws; or
| ||||||
| 5 | (7) Who uses or administers local or general | ||||||
| 6 | anesthetics in the treatment
of dental or oral diseases or | ||||||
| 7 | in any preparation incident to a dental operation
of any | ||||||
| 8 | kind or character; or
| ||||||
| 9 | (8) Who takes impressions of the human tooth, teeth, or | ||||||
| 10 | jaws or performs
any phase of any operation incident to the | ||||||
| 11 | replacement of a part of a tooth,
a tooth, teeth or | ||||||
| 12 | associated tissues by means of a filling, crown, a bridge,
| ||||||
| 13 | a denture or other appliance; or
| ||||||
| 14 | (9) Who offers to furnish, supply, construct, | ||||||
| 15 | reproduce or repair, or
who furnishes, supplies, | ||||||
| 16 | constructs, reproduces or repairs, prosthetic
dentures, | ||||||
| 17 | bridges or other substitutes for natural teeth, to the user | ||||||
| 18 | or
prospective user thereof; or
| ||||||
| 19 | (10) Who instructs students on clinical matters or | ||||||
| 20 | performs any clinical
operation included in the curricula | ||||||
| 21 | of recognized dental schools and colleges; or
| ||||||
| 22 | (11) Who takes impressions of human teeth or places his | ||||||
| 23 | or her hands in the mouth of any person for the purpose of | ||||||
| 24 | applying teeth whitening materials, or who takes | ||||||
| 25 | impressions of human teeth or places his or her hands in | ||||||
| 26 | the mouth of any person for the purpose of assisting in the | ||||||
| |||||||
| |||||||
| 1 | application of teeth whitening materials. A person does not | ||||||
| 2 | practice dentistry when he or she discloses to the consumer | ||||||
| 3 | that he or she is not licensed as a dentist under this Act | ||||||
| 4 | and (i) discusses the use of teeth whitening materials with | ||||||
| 5 | a consumer purchasing these materials; (ii) provides | ||||||
| 6 | instruction on the use of teeth whitening materials with a | ||||||
| 7 | consumer purchasing these materials; or (iii) provides | ||||||
| 8 | appropriate equipment on-site to the consumer for the | ||||||
| 9 | consumer to self-apply teeth whitening materials. | ||||||
| 10 | The fact that any person engages in or performs, or offers | ||||||
| 11 | to engage in
or perform, any of the practices, acts, or | ||||||
| 12 | operations set forth in this
Section, shall be prima facie | ||||||
| 13 | evidence that such person is engaged in the
practice of | ||||||
| 14 | dentistry.
| ||||||
| 15 | The following practices, acts, and operations, however, | ||||||
| 16 | are exempt from
the operation of this Act:
| ||||||
| 17 | (a) The rendering of dental relief in emergency cases | ||||||
| 18 | in the practice
of his or her profession by a physician or | ||||||
| 19 | surgeon, licensed as such
under the laws of this State, | ||||||
| 20 | unless he or she undertakes to reproduce or reproduces
lost | ||||||
| 21 | parts of the human teeth in the mouth or to restore or | ||||||
| 22 | replace lost
or missing teeth in the mouth; or
| ||||||
| 23 | (b) The practice of dentistry in the discharge of their | ||||||
| 24 | official duties
by dentists in any branch of the Armed | ||||||
| 25 | Services of the United States, the
United States Public | ||||||
| 26 | Health Service, or the United States Veterans
| ||||||
| |||||||
| |||||||
| 1 | Administration; or
| ||||||
| 2 | (c) The practice of dentistry by students in their | ||||||
| 3 | course of study
in dental schools or colleges approved by | ||||||
| 4 | the Department, when acting under the
direction and | ||||||
| 5 | supervision of dentists acting as instructors; or
| ||||||
| 6 | (d) The practice of dentistry by clinical instructors | ||||||
| 7 | in the course of
their teaching duties in dental schools or | ||||||
| 8 | colleges approved by the
Department:
| ||||||
| 9 | (i) when acting under the direction and | ||||||
| 10 | supervision of dentists,
provided that such clinical | ||||||
| 11 | instructors have instructed continuously in
this State | ||||||
| 12 | since January 1, 1986; or
| ||||||
| 13 | (ii) when holding the rank of full professor at | ||||||
| 14 | such approved dental
school or college and possessing a | ||||||
| 15 | current valid license or authorization
to practice | ||||||
| 16 | dentistry in another country; or
| ||||||
| 17 | (e) The practice of dentistry by licensed dentists of | ||||||
| 18 | other states or
countries at meetings of the Illinois State | ||||||
| 19 | Dental Society or component
parts thereof, alumni meetings | ||||||
| 20 | of dental colleges, or any other like dental
organizations, | ||||||
| 21 | while appearing as clinicians; or
| ||||||
| 22 | (f) The use of X-Ray machines for exposing X-Ray films | ||||||
| 23 | of dental or oral
tissues by dental hygienists or dental | ||||||
| 24 | assistants; or
| ||||||
| 25 | (g) The performance of any dental service by a dental | ||||||
| 26 | assistant, if such
service is performed under the | ||||||
| |||||||
| |||||||
| 1 | supervision and full responsibility of a
dentist.
| ||||||
| 2 | For purposes of this paragraph (g), "dental service" is | ||||||
| 3 | defined to mean
any intraoral procedure or act which shall | ||||||
| 4 | be prescribed by rule or
regulation of the Department. | ||||||
| 5 | Dental service, however, shall not include:
| ||||||
| 6 | (1) Any and all diagnosis of or prescription for | ||||||
| 7 | treatment of disease,
pain, deformity, deficiency, | ||||||
| 8 | injury or physical condition of the human teeth
or | ||||||
| 9 | jaws, or adjacent structures.
| ||||||
| 10 | (2) Removal of, or restoration of, or addition
to | ||||||
| 11 | the hard or soft tissues of the oral cavity, except for | ||||||
| 12 | the placing, carving, and finishing of amalgam | ||||||
| 13 | restorations by dental assistants who have had | ||||||
| 14 | additional formal education and certification as | ||||||
| 15 | determined by the Department. A dentist utilizing | ||||||
| 16 | dental assistants shall not supervise more than 4 | ||||||
| 17 | dental assistants at any one time for placing, carving, | ||||||
| 18 | and finishing of amalgam restorations.
| ||||||
| 19 | (3) Any and all correction of malformation of teeth | ||||||
| 20 | or of the jaws.
| ||||||
| 21 | (4) Administration of anesthetics, except for | ||||||
| 22 | monitoring of
nitrous oxide, conscious sedation, deep | ||||||
| 23 | sedation, and general anesthetic as provided in | ||||||
| 24 | Section 8.1 of this Act, that may be performed only | ||||||
| 25 | after successful completion of a training
program | ||||||
| 26 | approved by the Department. A dentist utilizing dental | ||||||
| |||||||
| |||||||
| 1 | assistants shall not supervise more than 4 dental | ||||||
| 2 | assistants at any one time for the monitoring of | ||||||
| 3 | nitrous oxide.
| ||||||
| 4 | (5) Removal of calculus from human teeth.
| ||||||
| 5 | (6) Taking of impressions for the fabrication of | ||||||
| 6 | prosthetic
appliances,
crowns,
bridges, inlays, | ||||||
| 7 | onlays, or other restorative or replacement
dentistry.
| ||||||
| 8 | (7) The operative procedure of dental hygiene | ||||||
| 9 | consisting of oral
prophylactic procedures, except for | ||||||
| 10 | coronal polishing and pit and fissure sealants,
which | ||||||
| 11 | may be
performed by a
dental assistant who has | ||||||
| 12 | successfully completed a training program approved by
| ||||||
| 13 | the Department. Dental assistants may perform coronal | ||||||
| 14 | polishing under the
following circumstances: (i) the | ||||||
| 15 | coronal polishing shall be limited to
polishing the
| ||||||
| 16 | clinical crown of the tooth and existing restorations, | ||||||
| 17 | supragingivally; (ii)
the
dental assistant performing | ||||||
| 18 | the coronal polishing shall be limited to the use
of
| ||||||
| 19 | rotary instruments using a rubber cup or brush | ||||||
| 20 | polishing method (air polishing
is
not permitted); and | ||||||
| 21 | (iii) the supervising dentist shall not supervise more
| ||||||
| 22 | than 4
dental assistants at any one time for the task | ||||||
| 23 | of coronal polishing or pit and fissure sealants.
| ||||||
| 24 | The limitations on the number of dental assistants a | ||||||
| 25 | dentist may supervise contained in items (2), (4), and (7) | ||||||
| 26 | of this paragraph (g) Section mean a limit of 4 total | ||||||
| |||||||
| |||||||
| 1 | dental assistants or dental hygienists doing expanded | ||||||
| 2 | functions covered by these Sections being supervised by one | ||||||
| 3 | dentist. | ||||||
| 4 | (h) The practice of dentistry by an individual who:
| ||||||
| 5 | (i) has applied in writing to the Department, in | ||||||
| 6 | form and substance
satisfactory to the Department, for | ||||||
| 7 | a general dental license and has
complied with all | ||||||
| 8 | provisions of Section 9 of this Act, except for the
| ||||||
| 9 | passage of the examination specified in subsection | ||||||
| 10 | (e), of Section 9, of this
Act; or
| ||||||
| 11 | (ii) has applied in writing to the Department, in | ||||||
| 12 | form and substance
satisfactory to the Department, for | ||||||
| 13 | a temporary dental license and has
complied with all | ||||||
| 14 | provisions of subsection (c), of Section 11, of this | ||||||
| 15 | Act; and
| ||||||
| 16 | (iii) has been accepted or appointed for specialty | ||||||
| 17 | or residency training
by a hospital situated in this | ||||||
| 18 | State; or
| ||||||
| 19 | (iv) has been accepted or appointed for specialty | ||||||
| 20 | training in an
approved dental program situated in this | ||||||
| 21 | State; or
| ||||||
| 22 | (v) has been accepted or appointed for specialty | ||||||
| 23 | training in a dental
public health agency situated in | ||||||
| 24 | this State.
| ||||||
| 25 | The applicant shall be permitted to practice dentistry | ||||||
| 26 | for a period of 3
months from the starting date of the | ||||||
| |||||||
| |||||||
| 1 | program, unless authorized in writing
by the Department to | ||||||
| 2 | continue such practice for a period specified in
writing by | ||||||
| 3 | the Department.
| ||||||
| 4 | The applicant shall only be entitled to perform such | ||||||
| 5 | acts as may be
prescribed by and incidental to his or her | ||||||
| 6 | program of residency or specialty
training and shall not | ||||||
| 7 | otherwise engage in the practice of dentistry in this
| ||||||
| 8 | State.
| ||||||
| 9 | The authority to practice shall terminate immediately | ||||||
| 10 | upon:
| ||||||
| 11 | (1) the decision of the Department that the | ||||||
| 12 | applicant has failed the
examination; or
| ||||||
| 13 | (2) denial of licensure by the Department; or
| ||||||
| 14 | (3) withdrawal of the application.
| ||||||
| 15 | (Source: P.A. 97-526, eff. 1-1-12; 97-886, eff. 8-2-12; | ||||||
| 16 | 97-1013, eff. 8-17-12; 98-147, eff. 1-1-14; 98-463, eff. | ||||||
| 17 | 8-16-13; revised 11-14-13.)
| ||||||
| 18 | Section 390. The Dietitian Nutritionist Practice Act is | ||||||
| 19 | amended by changing Section 95 as follows:
| ||||||
| 20 | (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
| ||||||
| 21 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
| 22 | Sec. 95. Grounds for discipline.
| ||||||
| 23 | (1) The Department may refuse to issue or
renew, or may | ||||||
| 24 | revoke, suspend, place on probation, reprimand, or take other
| ||||||
| |||||||
| |||||||
| 1 | disciplinary or non-disciplinary action as the Department may | ||||||
| 2 | deem appropriate, including imposing fines not to
exceed | ||||||
| 3 | $10,000 for each violation, with regard to any license or | ||||||
| 4 | certificate for
any one or combination of the following causes:
| ||||||
| 5 | (a) Material misstatement in furnishing information to | ||||||
| 6 | the Department.
| ||||||
| 7 | (b) Violations of this Act or of
rules adopted under | ||||||
| 8 | this Act.
| ||||||
| 9 | (c) Conviction by plea of guilty or nolo contendere, | ||||||
| 10 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 11 | sentencing of any crime, including, but not limited to, | ||||||
| 12 | convictions, preceding sentences of supervision, | ||||||
| 13 | conditional discharge, or first offender probation, under | ||||||
| 14 | the laws of any jurisdiction of the United States (i) that | ||||||
| 15 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
| 16 | element of which is dishonesty, or that is directly related | ||||||
| 17 | to the practice of the profession.
| ||||||
| 18 | (d) Fraud or any misrepresentation in applying for or | ||||||
| 19 | procuring a license under this Act or in connection with | ||||||
| 20 | applying for renewal of a license under this Act.
| ||||||
| 21 | (e) Professional incompetence or gross negligence.
| ||||||
| 22 | (f) Malpractice.
| ||||||
| 23 | (g) Aiding or assisting another person in violating any | ||||||
| 24 | provision of
this Act or its rules.
| ||||||
| 25 | (h) Failing to provide information within 60 days in | ||||||
| 26 | response to a
written request made by the Department.
| ||||||
| |||||||
| |||||||
| 1 | (i) Engaging in dishonorable, unethical or | ||||||
| 2 | unprofessional conduct of a
character likely to deceive, | ||||||
| 3 | defraud, or harm the public.
| ||||||
| 4 | (j) Habitual or excessive use or abuse of drugs defined | ||||||
| 5 | in law as controlled substances, alcohol, or any other | ||||||
| 6 | substance that results in the
inability to practice with | ||||||
| 7 | reasonable judgment, skill, or safety.
| ||||||
| 8 | (k) Discipline by another state, the District of | ||||||
| 9 | Columbia, territory, country, or governmental agency if at | ||||||
| 10 | least one
of the grounds for the discipline is the same or | ||||||
| 11 | substantially equivalent
to those set forth in this Act.
| ||||||
| 12 | (l) Charging for professional services not rendered, | ||||||
| 13 | including filing false statements for the collection of | ||||||
| 14 | fees for which services are not rendered. Nothing in this | ||||||
| 15 | paragraph (1) affects any bona fide independent contractor | ||||||
| 16 | or employment arrangements among health care | ||||||
| 17 | professionals, health facilities, health care providers, | ||||||
| 18 | or other entities, except as otherwise prohibited by law. | ||||||
| 19 | Any employment arrangements may include provisions for | ||||||
| 20 | compensation, health insurance, pension, or other | ||||||
| 21 | employment benefits for the provision of services within | ||||||
| 22 | the scope of the licensee's practice under this Act. | ||||||
| 23 | Nothing in this paragraph (1) shall be construed to require | ||||||
| 24 | an employment arrangement to receive professional fees for | ||||||
| 25 | services rendered.
| ||||||
| 26 | (m) A finding by the Department that the licensee, | ||||||
| |||||||
| |||||||
| 1 | after having his or her
license placed on probationary | ||||||
| 2 | status, has violated the terms of probation.
| ||||||
| 3 | (n) Willfully making or filing false records or reports | ||||||
| 4 | in his or her practice, including, but not limited to, | ||||||
| 5 | false records filed with State agencies or departments.
| ||||||
| 6 | (o) Allowing one's license under this Act to be used by | ||||||
| 7 | an unlicensed person in violation of this Act.
| ||||||
| 8 | (p) Practicing under a false or, except as provided by | ||||||
| 9 | law, an assumed name.
| ||||||
| 10 | (q) Gross and willful overcharging for professional | ||||||
| 11 | services.
| ||||||
| 12 | (r) (Blank).
| ||||||
| 13 | (s) Willfully failing to report an instance of | ||||||
| 14 | suspected child abuse
or neglect as required by the Abused | ||||||
| 15 | and Neglected Child Reporting Act.
| ||||||
| 16 | (t) Cheating on or attempting to subvert a licensing | ||||||
| 17 | examination administered under this Act. | ||||||
| 18 | (u) Mental illness or disability that results in the | ||||||
| 19 | inability to practice under this Act with reasonable | ||||||
| 20 | judgment, skill, or safety. | ||||||
| 21 | (v) Physical illness, including, but not limited to, | ||||||
| 22 | deterioration through the aging process or loss of motor | ||||||
| 23 | skill that results in a licensee's inability to practice | ||||||
| 24 | under this Act with reasonable judgment, skill, or safety. | ||||||
| 25 | (w) Advising an individual to discontinue, reduce, | ||||||
| 26 | increase, or otherwise alter the intake of a drug | ||||||
| |||||||
| |||||||
| 1 | prescribed by a physician licensed to practice medicine in | ||||||
| 2 | all its branches or by a prescriber as defined in Section | ||||||
| 3 | 102 of the Illinois Controlled Substances Substance Act. | ||||||
| 4 | (2) The Department may refuse to issue or may suspend | ||||||
| 5 | without hearing, as provided for in the Code of Civil | ||||||
| 6 | Procedure, the license of any person who fails to file a | ||||||
| 7 | return, or pay the tax, penalty, or interest shown in a filed | ||||||
| 8 | return, or pay any final assessment of the tax, penalty, or | ||||||
| 9 | interest as required by any tax Act administered by the | ||||||
| 10 | Illinois Department of Revenue, until such time as the | ||||||
| 11 | requirements of any such tax Act are satisfied in accordance | ||||||
| 12 | with subsection (g) of Section 2105-15 of the Civil | ||||||
| 13 | Administrative Code of Illinois. | ||||||
| 14 | (3) The Department shall deny a license or renewal | ||||||
| 15 | authorized by this Act to a person who has defaulted on an | ||||||
| 16 | educational loan or scholarship provided or guaranteed by the | ||||||
| 17 | Illinois Student Assistance Commission or any governmental | ||||||
| 18 | agency of this State in accordance with item (5) of subsection | ||||||
| 19 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
| 20 | Illinois. | ||||||
| 21 | (4) In cases where the Department of Healthcare and Family | ||||||
| 22 | Services has previously determined a licensee or a potential | ||||||
| 23 | licensee is more than 30 days delinquent in the payment of | ||||||
| 24 | child support and has subsequently certified the delinquency to | ||||||
| 25 | the Department, the Department may refuse to issue or renew or | ||||||
| 26 | may revoke or suspend that person's license or may take other | ||||||
| |||||||
| |||||||
| 1 | disciplinary action against that person based solely upon the | ||||||
| 2 | certification of delinquency made by the Department of | ||||||
| 3 | Healthcare and Family Services in accordance with item (5) of | ||||||
| 4 | subsection (a) of Section 2105-15 1205-15 of the Civil | ||||||
| 5 | Administrative Code of Illinois. | ||||||
| 6 | (5) The determination by a circuit court that a licensee is | ||||||
| 7 | subject to involuntary admission or judicial admission, as | ||||||
| 8 | provided in the Mental Health and Developmental Disabilities | ||||||
| 9 | Code, operates as an automatic suspension. The suspension shall | ||||||
| 10 | end only upon a finding by a court that the patient is no | ||||||
| 11 | longer subject to involuntary admission or judicial admission | ||||||
| 12 | and the issuance of an order so finding and discharging the | ||||||
| 13 | patient. | ||||||
| 14 | (6) In enforcing this Act, the Department, upon a showing | ||||||
| 15 | of a possible violation, may compel an individual licensed to | ||||||
| 16 | practice under this Act, or who has applied for licensure under | ||||||
| 17 | this Act, to submit to a mental or physical examination, or | ||||||
| 18 | both, as required by and at the expense of the Department. The | ||||||
| 19 | Department may order the examining physician to present | ||||||
| 20 | testimony concerning the mental or physical examination of the | ||||||
| 21 | licensee or applicant. No information shall be excluded by | ||||||
| 22 | reason of any common law or statutory privilege relating to | ||||||
| 23 | communications between the licensee or applicant and the | ||||||
| 24 | examining physician. The examining physicians shall be | ||||||
| 25 | specifically designated by the Department. The individual to be | ||||||
| 26 | examined may have, at his or her own expense, another physician | ||||||
| |||||||
| |||||||
| 1 | of his or her choice present during all aspects of this | ||||||
| 2 | examination. The examination shall be performed by a physician | ||||||
| 3 | licensed to practice medicine in all its branches. Failure of | ||||||
| 4 | an individual to submit to a mental or physical examination, | ||||||
| 5 | when directed, shall result in an automatic suspension without | ||||||
| 6 | hearing. | ||||||
| 7 | A person holding a license under this Act or who has | ||||||
| 8 | applied for a license under this Act who, because of a physical | ||||||
| 9 | or mental illness or disability, including, but not limited to, | ||||||
| 10 | deterioration through the aging process or loss of motor skill, | ||||||
| 11 | is unable to practice the profession with reasonable judgment, | ||||||
| 12 | skill, or safety, may be required by the Department to submit | ||||||
| 13 | to care, counseling, or treatment by physicians approved or | ||||||
| 14 | designated by the Department as a condition, term, or | ||||||
| 15 | restriction for continued, reinstated, or renewed licensure to | ||||||
| 16 | practice. Submission to care, counseling, or treatment as | ||||||
| 17 | required by the Department shall not be considered discipline | ||||||
| 18 | of a license. If the licensee refuses to enter into a care, | ||||||
| 19 | counseling, or treatment agreement or fails to abide by the | ||||||
| 20 | terms of the agreement, then the Department may file a | ||||||
| 21 | complaint to revoke, suspend, or otherwise discipline the | ||||||
| 22 | license of the individual. The Secretary may order the license | ||||||
| 23 | suspended immediately, pending a hearing by the Department. | ||||||
| 24 | Fines shall not be assessed in disciplinary actions involving | ||||||
| 25 | physical or mental illness or impairment. | ||||||
| 26 | In instances in which the Secretary immediately suspends a | ||||||
| |||||||
| |||||||
| 1 | person's license under this Section, a hearing on that person's | ||||||
| 2 | license must be convened by the Department within 15 days after | ||||||
| 3 | the suspension and completed without appreciable delay. The | ||||||
| 4 | Department shall have the authority to review the subject | ||||||
| 5 | individual's record of treatment and counseling regarding the | ||||||
| 6 | impairment to the extent permitted by applicable federal | ||||||
| 7 | statutes and regulations safeguarding the confidentiality of
| ||||||
| 8 | medical records. | ||||||
| 9 | An individual licensed under this Act and affected under | ||||||
| 10 | this Section shall be afforded an opportunity to demonstrate to | ||||||
| 11 | the Department that he or she can resume practice in compliance | ||||||
| 12 | with acceptable and prevailing standards under the provisions | ||||||
| 13 | of his or her license.
| ||||||
| 14 | (Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13; | ||||||
| 15 | revised 11-14-13.)
| ||||||
| 16 | Section 395. The Funeral Directors and Embalmers Licensing | ||||||
| 17 | Code is amended by changing Sections 5-5, 10-5, and 15-75 as | ||||||
| 18 | follows:
| ||||||
| 19 | (225 ILCS 41/5-5)
| ||||||
| 20 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
| 21 | Sec. 5-5. License requirement. It is unlawful for any | ||||||
| 22 | person to
practice, or to attempt to practice, funeral | ||||||
| 23 | directing without a
license as a funeral director issued by the | ||||||
| 24 | Department.
| ||||||
| |||||||
| |||||||
| 1 | No person shall practice funeral directing unless he or she | ||||||
| 2 | is they are employed by or contracted with a fixed place of | ||||||
| 3 | practice or establishment devoted to the care and preparation | ||||||
| 4 | for burial or for the transportation of deceased human bodies.
| ||||||
| 5 | No person shall practice funeral directing independently | ||||||
| 6 | at the fixed
place of practice or establishment of another | ||||||
| 7 | licensee unless that
person's name is published and displayed | ||||||
| 8 | at all
times in connection therewith.
| ||||||
| 9 | (Source: P.A. 97-1130, eff. 8-28-12; revised 11-14-13.)
| ||||||
| 10 | (225 ILCS 41/10-5)
| ||||||
| 11 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
| 12 | Sec. 10-5. License requirement. It is unlawful for any | ||||||
| 13 | person to
practice or attempt to practice funeral directing and | ||||||
| 14 | embalming without
being licensed by the Department.
| ||||||
| 15 | No person shall practice funeral directing and embalming | ||||||
| 16 | unless he or she is they are employed by or contracted with a | ||||||
| 17 | fixed place of practice or establishment devoted to the care | ||||||
| 18 | and preparation for burial or for the transportation of | ||||||
| 19 | deceased human bodies.
| ||||||
| 20 | No person shall practice funeral directing and embalming | ||||||
| 21 | independently at
the fixed place of practice or establishment | ||||||
| 22 | of another licensee unless his
or her name shall be published | ||||||
| 23 | and displayed at all times in connection
therewith.
| ||||||
| 24 | No licensed intern shall independently practice funeral
| ||||||
| 25 | directing and
embalming; however, a licensed funeral director | ||||||
| |||||||
| |||||||
| 1 | and embalmer intern may under
the immediate personal | ||||||
| 2 | supervision of a licensed funeral
director and
embalmer assist | ||||||
| 3 | a licensed funeral director and embalmer in the practice of
| ||||||
| 4 | funeral directing and embalming.
| ||||||
| 5 | No person shall practice as a funeral director and embalmer
| ||||||
| 6 | intern unless he or she possesses a valid license in good
| ||||||
| 7 | standing to do
so in the State of Illinois.
| ||||||
| 8 | (Source: P.A. 97-1130, eff. 8-28-12; revised 11-14-13.)
| ||||||
| 9 | (225 ILCS 41/15-75) | ||||||
| 10 | (Section scheduled to be repealed on January 1, 2023) | ||||||
| 11 | Sec. 15-75. Violations; grounds for discipline; penalties. | ||||||
| 12 | (a) Each of the following acts is a Class A misdemeanor
for | ||||||
| 13 | the first offense, and a Class 4 felony for each subsequent | ||||||
| 14 | offense.
These penalties shall also apply to unlicensed owners | ||||||
| 15 | of funeral homes. | ||||||
| 16 | (1) Practicing the profession of funeral directing and | ||||||
| 17 | embalming or
funeral directing, or attempting to practice | ||||||
| 18 | the profession of funeral
directing and embalming or | ||||||
| 19 | funeral directing without a license as a
funeral director | ||||||
| 20 | and embalmer or funeral director. | ||||||
| 21 | (2) Serving or attempting to serve as an intern under a | ||||||
| 22 | licensed funeral
director
and embalmer
without a license as | ||||||
| 23 | a licensed funeral director and embalmer intern. | ||||||
| 24 | (3) Obtaining or attempting to obtain a license, | ||||||
| 25 | practice or business,
or any other thing of value, by fraud | ||||||
| |||||||
| |||||||
| 1 | or misrepresentation. | ||||||
| 2 | (4) Permitting any person in one's employ, under one's | ||||||
| 3 | control or in or
under one's service to serve as a funeral | ||||||
| 4 | director and embalmer, funeral
director, or funeral | ||||||
| 5 | director and embalmer intern when the
person does not have | ||||||
| 6 | the appropriate license. | ||||||
| 7 | (5) Failing to display a license as required by this | ||||||
| 8 | Code. | ||||||
| 9 | (6) Giving false information or making a false oath or | ||||||
| 10 | affidavit
required by this Code. | ||||||
| 11 | (b) The Department may refuse to issue or renew, revoke, | ||||||
| 12 | suspend, place on probation or administrative supervision, | ||||||
| 13 | reprimand, or take other disciplinary or non-disciplinary | ||||||
| 14 | action as the Department may deem appropriate, including | ||||||
| 15 | imposing fines not to exceed $10,000 for each violation, with | ||||||
| 16 | regard to any license under the Code for any one or combination | ||||||
| 17 | of the following: | ||||||
| 18 | (1) Fraud or any misrepresentation in applying for or | ||||||
| 19 | procuring a license under this Code or in connection with | ||||||
| 20 | applying for renewal of a license under this Code. | ||||||
| 21 | (2) Conviction by plea of guilty or nolo contendere, | ||||||
| 22 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 23 | sentencing of any crime, including, but not limited to, | ||||||
| 24 | convictions, preceding sentences of supervision, | ||||||
| 25 | conditional discharge, or first offender probation, under | ||||||
| 26 | the laws of any jurisdiction of the United States: (i) that | ||||||
| |||||||
| |||||||
| 1 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
| 2 | element of which is dishonesty, or that is directly related | ||||||
| 3 | to the practice of the profession. | ||||||
| 4 | (3) Violation of the laws of this State relating to the | ||||||
| 5 | funeral, burial
or disposition of deceased human bodies or | ||||||
| 6 | of the rules and regulations of the
Department, or the | ||||||
| 7 | Department of Public Health. | ||||||
| 8 | (4) Directly or indirectly paying or causing to be paid | ||||||
| 9 | any sum of money
or other valuable consideration for the | ||||||
| 10 | securing of business or for
obtaining authority to dispose | ||||||
| 11 | of any deceased human body. | ||||||
| 12 | (5) Professional incompetence, gross negligence, | ||||||
| 13 | malpractice, or untrustworthiness in the practice of | ||||||
| 14 | funeral
directing and embalming or funeral directing. | ||||||
| 15 | (6) (Blank). | ||||||
| 16 | (7) Engaging in, promoting, selling, or issuing burial | ||||||
| 17 | contracts, burial
certificates, or burial insurance | ||||||
| 18 | policies in connection with the
profession as a funeral | ||||||
| 19 | director and embalmer, funeral director, or funeral
| ||||||
| 20 | director and embalmer intern in violation of any laws of | ||||||
| 21 | the
State
of Illinois. | ||||||
| 22 | (8) Refusing, without cause, to surrender the custody | ||||||
| 23 | of a deceased
human body upon the proper request of the | ||||||
| 24 | person or persons lawfully
entitled to the custody of the | ||||||
| 25 | body. | ||||||
| 26 | (9) Taking undue advantage of a client or clients as to | ||||||
| |||||||
| |||||||
| 1 | amount to the
perpetration of fraud. | ||||||
| 2 | (10) Engaging in funeral directing and embalming or | ||||||
| 3 | funeral
directing without a license. | ||||||
| 4 | (11) Encouraging, requesting, or suggesting by a | ||||||
| 5 | licensee or some person
working on his behalf and with his | ||||||
| 6 | consent for compensation that a person
utilize the services | ||||||
| 7 | of a certain funeral director and embalmer, funeral
| ||||||
| 8 | director, or funeral establishment unless that information | ||||||
| 9 | has
been expressly requested by the person. This does not | ||||||
| 10 | prohibit general
advertising or pre-need solicitation. | ||||||
| 11 | (12) Making or causing to be made any false or | ||||||
| 12 | misleading statements
about the laws concerning the | ||||||
| 13 | disposition of human remains, including, but not
limited | ||||||
| 14 | to, the need to embalm, the need for a casket for cremation | ||||||
| 15 | or the
need for an outer burial container. | ||||||
| 16 | (13) (Blank). | ||||||
| 17 | (14) Embalming or attempting to embalm a deceased human | ||||||
| 18 | body without
express prior authorization of the person | ||||||
| 19 | responsible for making the
funeral arrangements for the | ||||||
| 20 | body. This does not apply to cases where
embalming is | ||||||
| 21 | directed by local authorities who have jurisdiction or when
| ||||||
| 22 | embalming is required by State or local law. A licensee may | ||||||
| 23 | embalm without express prior authorization if a good faith | ||||||
| 24 | effort has been made to contact family members and has been | ||||||
| 25 | unsuccessful and the licensee has no reason to believe the | ||||||
| 26 | family opposes embalming. | ||||||
| |||||||
| |||||||
| 1 | (15) Making a false statement on a Certificate of Death | ||||||
| 2 | where the
person making the statement knew or should have | ||||||
| 3 | known that the statement
was false. | ||||||
| 4 | (16) Soliciting human bodies after death or while death | ||||||
| 5 | is imminent. | ||||||
| 6 | (17) Performing any act or practice that is a violation
| ||||||
| 7 | of this Code, the rules for the administration of this | ||||||
| 8 | Code, or any
federal,
State or local laws, rules, or | ||||||
| 9 | regulations
governing the practice of funeral directing or | ||||||
| 10 | embalming. | ||||||
| 11 | (18) Performing any act or practice that is a violation | ||||||
| 12 | of Section 2 of
the Consumer Fraud and Deceptive Business | ||||||
| 13 | Practices Act. | ||||||
| 14 | (19) Engaging in dishonorable, unethical, or | ||||||
| 15 | unprofessional conduct of a character
likely to deceive, | ||||||
| 16 | defraud or harm the public. | ||||||
| 17 | (20) Taking possession of a dead human body without | ||||||
| 18 | having first
obtained express permission from the person | ||||||
| 19 | holding the right to control the disposition in accordance | ||||||
| 20 | with Section 5 of the Disposition of Remains Act or a | ||||||
| 21 | public agency legally
authorized to direct, control or | ||||||
| 22 | permit the removal of deceased human bodies. | ||||||
| 23 | (21) Advertising in a false or misleading manner or | ||||||
| 24 | advertising using
the name of an unlicensed person in | ||||||
| 25 | connection with any service being
rendered in the practice | ||||||
| 26 | of funeral directing or funeral directing and
embalming. | ||||||
| |||||||
| |||||||
| 1 | The use of any name of an unlicensed or unregistered person | ||||||
| 2 | in
an advertisement so as to imply that the person will | ||||||
| 3 | perform services is
considered misleading advertising. | ||||||
| 4 | Nothing in this paragraph shall prevent
including the name | ||||||
| 5 | of any owner, officer or corporate director of a funeral
| ||||||
| 6 | home, who is not a licensee, in any advertisement used by a | ||||||
| 7 | funeral home
with which the individual is affiliated, if | ||||||
| 8 | the advertisement specifies
the individual's affiliation | ||||||
| 9 | with the funeral home. | ||||||
| 10 | (22) Charging for professional services not rendered, | ||||||
| 11 | including filing false statements for the collection of | ||||||
| 12 | fees for which services are not rendered. | ||||||
| 13 | (23) Failing to account for or remit any monies, | ||||||
| 14 | documents, or personal
property that belongs to others that | ||||||
| 15 | comes into a licensee's possession. | ||||||
| 16 | (24) Treating any person differently to his detriment | ||||||
| 17 | because of
race, color, creed, gender, religion, or | ||||||
| 18 | national origin. | ||||||
| 19 | (25) Knowingly making any false statements, oral or | ||||||
| 20 | otherwise, of a
character likely to influence, persuade or | ||||||
| 21 | induce others in the course of
performing professional | ||||||
| 22 | services or activities. | ||||||
| 23 | (26) Willfully making or filing false records or | ||||||
| 24 | reports in the practice
of funeral directing and embalming, | ||||||
| 25 | including, but not limited to, false records filed with | ||||||
| 26 | State agencies or departments. | ||||||
| |||||||
| |||||||
| 1 | (27) Failing to acquire continuing education required | ||||||
| 2 | under this Code. | ||||||
| 3 | (28) (Blank). | ||||||
| 4 | (29) Aiding or assisting another person in violating | ||||||
| 5 | any provision of this Code or rules adopted pursuant to | ||||||
| 6 | this Code. | ||||||
| 7 | (30) Failing within 10 days, to provide information in | ||||||
| 8 | response to a written request made by the Department. | ||||||
| 9 | (31) Discipline by another state, District of | ||||||
| 10 | Columbia, territory, foreign nation, or governmental | ||||||
| 11 | agency, if at least one of the grounds for the discipline | ||||||
| 12 | is the same or substantially equivalent to those set forth | ||||||
| 13 | in this Section. | ||||||
| 14 | (32) (Blank). | ||||||
| 15 | (33) Mental illness or disability which results in the | ||||||
| 16 | inability to practice the profession with reasonable | ||||||
| 17 | judgment, skill, or safety. | ||||||
| 18 | (34) Gross, willful, or continued overcharging for | ||||||
| 19 | professional services, including filing false statements | ||||||
| 20 | for collection of fees for which services are not rendered. | ||||||
| 21 | (35) Physical illness, including, but not limited to, | ||||||
| 22 | deterioration through the aging process or loss of motor | ||||||
| 23 | skill which results in a licensee's inability to practice | ||||||
| 24 | under this Code with reasonable judgment, skill, or safety. | ||||||
| 25 | (36) Failing to comply with any of the following | ||||||
| 26 | required activities: | ||||||
| |||||||
| |||||||
| 1 | (A) When reasonably possible, a funeral director | ||||||
| 2 | licensee or funeral director and embalmer licensee or | ||||||
| 3 | anyone acting on his or
her behalf shall obtain the | ||||||
| 4 | express authorization of the person or persons
| ||||||
| 5 | responsible for making the funeral arrangements for a | ||||||
| 6 | deceased human body
prior to removing a body from the | ||||||
| 7 | place of death or any place it may be or
embalming or | ||||||
| 8 | attempting to embalm a deceased human body, unless | ||||||
| 9 | required by
State or local law. This requirement is | ||||||
| 10 | waived whenever removal or
embalming is directed by | ||||||
| 11 | local authorities who have jurisdiction.
If the | ||||||
| 12 | responsibility for the handling of the remains | ||||||
| 13 | lawfully falls under
the jurisdiction of a public | ||||||
| 14 | agency, then the regulations of the public
agency shall | ||||||
| 15 | prevail. | ||||||
| 16 | (B) A licensee shall clearly mark the price of any | ||||||
| 17 | casket offered for
sale or the price of any service | ||||||
| 18 | using the casket on or in the casket if
the casket is | ||||||
| 19 | displayed at the funeral establishment. If the casket | ||||||
| 20 | is
displayed at any other location, regardless of | ||||||
| 21 | whether the licensee is in
control of that location, | ||||||
| 22 | the casket shall be clearly marked and the
registrant | ||||||
| 23 | shall use books, catalogues, brochures, or other | ||||||
| 24 | printed display
aids to show the price of each casket | ||||||
| 25 | or service. | ||||||
| 26 | (C) At the time funeral arrangements are made and | ||||||
| |||||||
| |||||||
| 1 | prior to rendering the
funeral services, a licensee | ||||||
| 2 | shall furnish a written statement of services to be
| ||||||
| 3 | retained by the person or persons making the funeral | ||||||
| 4 | arrangements, signed
by both parties, that shall | ||||||
| 5 | contain: (i) the name, address and telephone number
of | ||||||
| 6 | the funeral establishment and the date on which the | ||||||
| 7 | arrangements were made;
(ii) the price of the service | ||||||
| 8 | selected and the services and merchandise
included for | ||||||
| 9 | that price; (iii) a clear disclosure that the person or | ||||||
| 10 | persons
making the arrangement may decline and receive | ||||||
| 11 | credit for any service or
merchandise not desired and | ||||||
| 12 | not required by law or the funeral director or the
| ||||||
| 13 | funeral director and embalmer; (iv) the supplemental | ||||||
| 14 | items of service and
merchandise requested and the | ||||||
| 15 | price of each item; (v) the terms or method of
payment | ||||||
| 16 | agreed upon; and (vi) a statement as to any monetary | ||||||
| 17 | advances made by
the registrant on behalf of the | ||||||
| 18 | family. The licensee shall maintain a copy of the | ||||||
| 19 | written statement of services in its permanent | ||||||
| 20 | records. All written statements of services are | ||||||
| 21 | subject to inspection by the Department. | ||||||
| 22 | (D) In all instances where the place of final | ||||||
| 23 | disposition of a deceased human body or the cremated | ||||||
| 24 | remains of a deceased human body is a cemetery, the | ||||||
| 25 | licensed funeral director and embalmer, or licensed | ||||||
| 26 | funeral director, who has been engaged to provide | ||||||
| |||||||
| |||||||
| 1 | funeral or embalming services shall remain at the | ||||||
| 2 | cemetery and personally witness the placement of the | ||||||
| 3 | human remains in their designated grave or the sealing | ||||||
| 4 | of the above ground depository, crypt, or urn. The | ||||||
| 5 | licensed funeral director or licensed funeral director | ||||||
| 6 | and embalmer may designate a licensed funeral director | ||||||
| 7 | and embalmer intern or representative of the funeral | ||||||
| 8 | home to be his or her witness to the placement of the | ||||||
| 9 | remains. If the cemetery authority, cemetery manager, | ||||||
| 10 | or any other agent of the cemetery takes any action | ||||||
| 11 | that prevents compliance with this paragraph (D), then | ||||||
| 12 | the funeral director and embalmer or funeral director | ||||||
| 13 | shall provide written notice to the Department within 5 | ||||||
| 14 | business days after failing to comply. If the | ||||||
| 15 | Department receives this notice, then the Department | ||||||
| 16 | shall not take any disciplinary action against the | ||||||
| 17 | funeral director and embalmer or funeral director for a | ||||||
| 18 | violation of this paragraph (D) unless the Department | ||||||
| 19 | finds that the cemetery authority, manager, or any | ||||||
| 20 | other agent of the cemetery did not prevent the funeral | ||||||
| 21 | director and embalmer or funeral director from | ||||||
| 22 | complying with this paragraph (D) as claimed in the | ||||||
| 23 | written notice. | ||||||
| 24 | (E) A funeral director or funeral director and | ||||||
| 25 | embalmer shall fully complete the portion of the | ||||||
| 26 | Certificate of Death under the responsibility of the | ||||||
| |||||||
| |||||||
| 1 | funeral director or funeral director and embalmer and | ||||||
| 2 | provide all required information. In the event that any | ||||||
| 3 | reported information subsequently changes or proves | ||||||
| 4 | incorrect, a funeral director or funeral director and | ||||||
| 5 | embalmer shall immediately upon learning the correct | ||||||
| 6 | information correct the Certificate of Death. | ||||||
| 7 | (37) A finding by the Department that the license, | ||||||
| 8 | after having his or
her license placed on probationary | ||||||
| 9 | status or subjected to conditions or
restrictions, | ||||||
| 10 | violated the terms of the probation or failed to comply | ||||||
| 11 | with such
terms or conditions. | ||||||
| 12 | (38) (Blank). | ||||||
| 13 | (39) Being named as a perpetrator in an indicated | ||||||
| 14 | report by the Department
of Children and Family Services | ||||||
| 15 | pursuant to the Abused and Neglected Child
Reporting Act | ||||||
| 16 | and, upon proof by clear and convincing evidence,
being | ||||||
| 17 | found to have caused a child to be an abused child or | ||||||
| 18 | neglected child as
defined
in the Abused and Neglected | ||||||
| 19 | Child Reporting Act. | ||||||
| 20 | (40) Habitual or excessive use or abuse of drugs | ||||||
| 21 | defined in law as controlled substances, alcohol, or any | ||||||
| 22 | other substance which results in the inability to practice | ||||||
| 23 | with reasonable judgment, skill, or safety. | ||||||
| 24 | (41) Practicing under a false or, except as provided by | ||||||
| 25 | law, an assumed name. | ||||||
| 26 | (42) Cheating on or attempting to subvert the licensing | ||||||
| |||||||
| |||||||
| 1 | examination administered under this Code. | ||||||
| 2 | (c) The Department may refuse to issue or renew or may | ||||||
| 3 | suspend without a hearing, as provided for in the Department of | ||||||
| 4 | Professional Regulation Law of the Civil Administrative Code of | ||||||
| 5 | Illinois, the license
of any person who fails to file a return, | ||||||
| 6 | to pay the tax, penalty or interest
shown in a filed return, or | ||||||
| 7 | to pay any final assessment of tax, penalty or
interest as | ||||||
| 8 | required by any tax Act administered by the Illinois Department | ||||||
| 9 | of
Revenue, until the time as the requirements of the tax Act | ||||||
| 10 | are satisfied in accordance with subsection (g) of Section | ||||||
| 11 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
| 12 | Civil Administrative Code of Illinois. | ||||||
| 13 | (d) No action may be taken under this Code against a person | ||||||
| 14 | licensed under this Code unless the action is commenced within | ||||||
| 15 | 5 years after the occurrence of the alleged violations. A | ||||||
| 16 | continuing violation shall be deemed to have occurred on the | ||||||
| 17 | date when the circumstances last existed that give rise to the | ||||||
| 18 | alleged violation. | ||||||
| 19 | (e) Nothing in this Section shall be construed or enforced | ||||||
| 20 | to give a funeral director and embalmer, or his or her | ||||||
| 21 | designees, authority over the operation of a cemetery or over | ||||||
| 22 | cemetery employees. Nothing in this Section shall be construed | ||||||
| 23 | or enforced to impose duties or penalties on cemeteries with | ||||||
| 24 | respect to the timing of the placement of human remains in | ||||||
| 25 | their designated grave or the sealing of the above ground | ||||||
| 26 | depository, crypt, or urn due to patron safety, the allocation | ||||||
| |||||||
| |||||||
| 1 | of cemetery staffing, liability insurance, a collective | ||||||
| 2 | bargaining agreement, or other such reasons. | ||||||
| 3 | (f) All fines imposed under this Section shall be paid 60 | ||||||
| 4 | days after the effective date of the order imposing the fine. | ||||||
| 5 | (g) The Department shall deny a license or renewal | ||||||
| 6 | authorized by this Code to a person who has defaulted on an | ||||||
| 7 | educational loan or scholarship provided or guaranteed by the | ||||||
| 8 | Illinois Student Assistance Commission or any governmental | ||||||
| 9 | agency of this State in accordance with item (5) of subsection | ||||||
| 10 | (a) (g) of Section 2105-15 of the Department of Professional | ||||||
| 11 | Regulation Law of the Civil Administrative Code of Illinois. | ||||||
| 12 | (h) In cases where the Department of Healthcare and Family | ||||||
| 13 | Services has previously determined a licensee or a potential | ||||||
| 14 | licensee is more than 30 days delinquent in the payment of | ||||||
| 15 | child support and has subsequently certified the delinquency to | ||||||
| 16 | the Department, the Department may refuse to issue or renew or | ||||||
| 17 | may revoke or suspend that person's license or may take other | ||||||
| 18 | disciplinary action against that person based solely upon the | ||||||
| 19 | certification of delinquency made by the Department of | ||||||
| 20 | Healthcare and Family Services in accordance with item (5) of | ||||||
| 21 | subsection (a) (g) of Section 2105-15 1205-15 of the Department | ||||||
| 22 | of Professional Regulation Law of the Civil Administrative Code | ||||||
| 23 | of Illinois. | ||||||
| 24 | (i) A person not licensed under this Code who is an owner | ||||||
| 25 | of a funeral establishment or funeral business shall not aid, | ||||||
| 26 | abet, assist, procure, advise, employ, or contract with any | ||||||
| |||||||
| |||||||
| 1 | unlicensed person to offer funeral services or aid, abet, | ||||||
| 2 | assist, or direct any licensed person contrary to or in | ||||||
| 3 | violation of any rules or provisions of this Code. A person | ||||||
| 4 | violating this subsection shall be treated as a licensee for | ||||||
| 5 | the purposes of disciplinary action under this Section and | ||||||
| 6 | shall be subject to cease and desist orders as provided in this | ||||||
| 7 | Code, the imposition of a fine up to $10,000 for each violation | ||||||
| 8 | and any other penalty provided by law. | ||||||
| 9 | (j) The determination by a circuit court that a licensee is | ||||||
| 10 | subject to involuntary admission or judicial admission as | ||||||
| 11 | provided in the Mental Health and Developmental Disabilities | ||||||
| 12 | Code, as amended, operates as an automatic suspension. The | ||||||
| 13 | suspension may end only upon a finding by a court that the | ||||||
| 14 | licensee is no longer subject to the involuntary admission or | ||||||
| 15 | judicial admission and issues an order so finding and | ||||||
| 16 | discharging the licensee, and upon the recommendation of the | ||||||
| 17 | Board to the Secretary that the licensee be allowed to resume | ||||||
| 18 | his or her practice. | ||||||
| 19 | (k) In enforcing this Code, the Department, upon a showing | ||||||
| 20 | of a possible violation, may compel an individual licensed to | ||||||
| 21 | practice under this Code, or who has applied for licensure | ||||||
| 22 | under this Code, to submit to a mental or physical examination, | ||||||
| 23 | or both, as required by and at the expense of the Department. | ||||||
| 24 | The Department may order the examining physician to present | ||||||
| 25 | testimony concerning the mental or physical examination of the | ||||||
| 26 | licensee or applicant. No information shall be excluded by | ||||||
| |||||||
| |||||||
| 1 | reason of any common law or statutory privilege relating to | ||||||
| 2 | communications between the licensee or applicant and the | ||||||
| 3 | examining physician. The examining physician shall be | ||||||
| 4 | specifically designated by the Department. The individual to be | ||||||
| 5 | examined may have, at his or her own expense, another physician | ||||||
| 6 | of his or her choice present during all aspects of this | ||||||
| 7 | examination. The examination shall be performed by a physician | ||||||
| 8 | licensed to practice medicine in all its branches. Failure of | ||||||
| 9 | an individual to submit to a mental or physical examination, | ||||||
| 10 | when directed, shall result in an automatic suspension without | ||||||
| 11 | hearing. | ||||||
| 12 | A person holding a license under this Code or who has | ||||||
| 13 | applied for a license under this Code who, because of a | ||||||
| 14 | physical or mental illness or disability, including, but not | ||||||
| 15 | limited to, deterioration through the aging process or loss of | ||||||
| 16 | motor skill, is unable to practice the profession with | ||||||
| 17 | reasonable judgment, skill, or safety, may be required by the | ||||||
| 18 | Department to submit to care, counseling, or treatment by | ||||||
| 19 | physicians approved or designated by the Department as a | ||||||
| 20 | condition, term, or restriction for continued, reinstated, or | ||||||
| 21 | renewed licensure to practice. Submission to care, counseling, | ||||||
| 22 | or treatment as required by the Department shall not be | ||||||
| 23 | considered discipline of a license. If the licensee refuses to | ||||||
| 24 | enter into a care, counseling, or treatment agreement or fails | ||||||
| 25 | to abide by the terms of the agreement, the Department may file | ||||||
| 26 | a complaint to revoke, suspend, or otherwise discipline the | ||||||
| |||||||
| |||||||
| 1 | license of the individual. The Secretary may order the license | ||||||
| 2 | suspended immediately, pending a hearing by the Department. | ||||||
| 3 | Fines shall not be assessed in disciplinary actions involving | ||||||
| 4 | physical or mental illness or impairment. | ||||||
| 5 | In instances in which the Secretary immediately suspends a | ||||||
| 6 | person's license under this Section, a hearing on that person's | ||||||
| 7 | license must be convened by the Department within 15 days after | ||||||
| 8 | the suspension and completed without appreciable delay. The | ||||||
| 9 | Department shall have the authority to review the subject | ||||||
| 10 | individual's record of treatment and counseling regarding the | ||||||
| 11 | impairment to the extent permitted by applicable federal | ||||||
| 12 | statutes and regulations safeguarding the confidentiality of | ||||||
| 13 | medical records. | ||||||
| 14 | An individual licensed under this Code and affected under | ||||||
| 15 | this Section shall be afforded an opportunity to demonstrate to | ||||||
| 16 | the Department that he or she can resume practice in compliance | ||||||
| 17 | with acceptable and prevailing standards under the provisions | ||||||
| 18 | of his or her license. | ||||||
| 19 | (Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11; | ||||||
| 20 | 97-1130, eff. 8-28-12; revised 11-14-13.)
| ||||||
| 21 | Section 400. The Health Care Worker Background Check Act is | ||||||
| 22 | amended by changing Section 70 as follows:
| ||||||
| 23 | (225 ILCS 46/70) | ||||||
| 24 | Sec. 70. Centers for Medicare and Medicaid Services (CMMS) | ||||||
| |||||||
| |||||||
| 1 | grant. | ||||||
| 2 | (a) In this Section:
| ||||||
| 3 | "Centers for Medicare and Medicaid Services (CMMS) grant" | ||||||
| 4 | means the grant awarded to and distributed by the Department of | ||||||
| 5 | Public Health to enhance the conduct of criminal history | ||||||
| 6 | records checks of certain health care employees. The CMMS grant | ||||||
| 7 | is authorized by Section 307 of the federal Medicare | ||||||
| 8 | Prescription Drug, Improvement, and Modernization Act of 2003, | ||||||
| 9 | which establishes the framework for a program to evaluate | ||||||
| 10 | national and state background checks on prospective employees | ||||||
| 11 | with direct access to patients of long-term care facilities or | ||||||
| 12 | providers. | ||||||
| 13 | "Selected health care employer" means any of the following | ||||||
| 14 | selected to participate in the CMMS grant: | ||||||
| 15 | (1) a community living facility as defined in the | ||||||
| 16 | Community Living Facility Act; | ||||||
| 17 | (2) a long-term care facility as defined in the Nursing | ||||||
| 18 | Home Care Act; | ||||||
| 19 | (3) a home health agency as defined in the Home Health, | ||||||
| 20 | Home Services, and Home Nursing Agency Licensing Act; | ||||||
| 21 | (4) a full hospice as defined in the Hospice Licensing | ||||||
| 22 | Act; | ||||||
| 23 | (5) an establishment licensed under the Assisted | ||||||
| 24 | Living and Shared Housing Act; | ||||||
| 25 | (6) a supportive living facility as defined in the | ||||||
| 26 | Illinois Public Aid Code; | ||||||
| |||||||
| |||||||
| 1 | (7) a day training program certified by the Department | ||||||
| 2 | of Human Services; | ||||||
| 3 | (8) a community integrated living arrangement operated | ||||||
| 4 | by a community mental health and developmental service | ||||||
| 5 | agency as defined in the Community-Integrated Community | ||||||
| 6 | Integrated Living Arrangements Licensing and Certification | ||||||
| 7 | Act; or
| ||||||
| 8 | (9) a long-term care hospital or hospital with swing | ||||||
| 9 | beds.
| ||||||
| 10 | (b) Selected health care employers shall be phased in to | ||||||
| 11 | participate in the CMMS grant between January 1, 2006 and | ||||||
| 12 | January 1, 2007, as prescribed by the Department of Public | ||||||
| 13 | Health by rule. | ||||||
| 14 | (c) With regards to individuals hired on or after January | ||||||
| 15 | 1, 2006 who have direct access to residents, patients, or | ||||||
| 16 | clients of the selected health care employer, selected health | ||||||
| 17 | care employers must comply with Section 25 of this Act. | ||||||
| 18 | "Individuals who have direct access" includes, but is not | ||||||
| 19 | limited to, (i) direct care workers as described in subsection | ||||||
| 20 | (a) of Section 25; (ii) individuals licensed by the Department | ||||||
| 21 | of Financial and Professional Regulation, such as nurses, | ||||||
| 22 | social workers, physical therapists, occupational therapists, | ||||||
| 23 | and pharmacists; (iii) individuals who provide services on | ||||||
| 24 | site, through contract; and (iv) non-direct care workers, such | ||||||
| 25 | as those who work in environmental services, food service, and | ||||||
| 26 | administration. | ||||||
| |||||||
| |||||||
| 1 | "Individuals who have direct access" does not include | ||||||
| 2 | physicians or volunteers. | ||||||
| 3 | The Department of Public Health may further define | ||||||
| 4 | "individuals who have direct access" by rule.
| ||||||
| 5 | (d) Each applicant seeking employment in a position | ||||||
| 6 | described in subsection (c) of this Section with a selected | ||||||
| 7 | health care employer shall, as a condition of employment, have | ||||||
| 8 | his or her fingerprints submitted to the Department of State | ||||||
| 9 | Police in an electronic format that complies with the form and | ||||||
| 10 | manner for requesting and furnishing criminal history record | ||||||
| 11 | information by the Department of State Police and the Federal | ||||||
| 12 | Bureau of Investigation criminal history record databases now | ||||||
| 13 | and hereafter filed. The Department of State Police shall | ||||||
| 14 | forward the fingerprints to the Federal Bureau of Investigation | ||||||
| 15 | for a national criminal history records check. The Department | ||||||
| 16 | of State Police shall charge a fee for conducting the criminal | ||||||
| 17 | history records check, which shall not exceed the actual cost | ||||||
| 18 | of the records check and shall be deposited into the State | ||||||
| 19 | Police Services Fund. The Department of State Police shall | ||||||
| 20 | furnish, pursuant to positive identification, records of | ||||||
| 21 | Illinois convictions to the Department of Public Health. | ||||||
| 22 | (e) A selected health care employer who makes a conditional | ||||||
| 23 | offer of employment to an applicant shall: | ||||||
| 24 | (1) ensure that the applicant has complied with the | ||||||
| 25 | fingerprinting requirements of this Section; | ||||||
| 26 | (2) complete documentation relating to any criminal | ||||||
| |||||||
| |||||||
| 1 | history record, as revealed by the applicant, as prescribed | ||||||
| 2 | by rule by the Department of Public Health; | ||||||
| 3 | (3) complete documentation of the applicant's personal | ||||||
| 4 | identifiers as prescribed by rule by the Department of | ||||||
| 5 | Public Health; and | ||||||
| 6 | (4) provide supervision, as prescribed by rule by the | ||||||
| 7 | licensing agency, if the applicant is hired and allowed to | ||||||
| 8 | work prior to the results of the criminal history records | ||||||
| 9 | check being obtained. | ||||||
| 10 | (f) A selected health care employer having actual knowledge | ||||||
| 11 | from a source that an individual with direct access to a | ||||||
| 12 | resident, patient, or client has been convicted of committing | ||||||
| 13 | or attempting to commit one of the offenses enumerated in | ||||||
| 14 | Section 25 of this Act shall contact the licensing agency or | ||||||
| 15 | follow other instructions as prescribed by administrative | ||||||
| 16 | rule. | ||||||
| 17 | (g) A fingerprint-based criminal history records check | ||||||
| 18 | submitted in accordance with subsection (d) of this Section | ||||||
| 19 | must be submitted as a fee applicant inquiry in the form and | ||||||
| 20 | manner prescribed by the Department of State Police.
| ||||||
| 21 | (h) This Section shall be inapplicable upon the conclusion | ||||||
| 22 | of the CMMS grant.
| ||||||
| 23 | (Source: P.A. 94-665, eff. 1-1-06; 94-931, eff. 6-26-06; | ||||||
| 24 | 95-331, eff. 8-21-07; revised 11-14-13.)
| ||||||
| 25 | Section 405. The Hearing Instrument Consumer Protection | ||||||
| |||||||
| |||||||
| 1 | Act is amended by changing Section 31 as follows:
| ||||||
| 2 | (225 ILCS 50/31) (from Ch. 111, par. 7431)
| ||||||
| 3 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
| 4 | Sec. 31.
The provisions of "The Illinois Administrative | ||||||
| 5 | Procedure Act",
approved September 22, 1975, as amended, shall | ||||||
| 6 | apply to this Act. All final
administrative decisions of the | ||||||
| 7 | Department are subject to judicial review
pursuant to the | ||||||
| 8 | provisions of Article III 3 of the "Code of Civil Procedure",
| ||||||
| 9 | approved August 19, 1981, as
amended. Any circuit court, upon | ||||||
| 10 | the application of the licensee
or the Department, may
order | ||||||
| 11 | the attendance of witnesses and the production of relevant | ||||||
| 12 | records
in any Departmental hearing
relative to the application | ||||||
| 13 | for or refusal, recall, suspension or revocation
of a license.
| ||||||
| 14 | (Source: P.A. 86-800; revised 11-14-13.)
| ||||||
| 15 | Section 410. The Massage Licensing Act is amended by | ||||||
| 16 | changing Section 45 as follows:
| ||||||
| 17 | (225 ILCS 57/45)
| ||||||
| 18 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 19 | Sec. 45. Grounds for discipline.
| ||||||
| 20 | (a) The Department may refuse to issue or renew, or may | ||||||
| 21 | revoke, suspend,
place
on
probation, reprimand, or take other | ||||||
| 22 | disciplinary or non-disciplinary action, as the Department
| ||||||
| 23 | considers appropriate,
including the imposition of fines not to | ||||||
| |||||||
| |||||||
| 1 | exceed $10,000 for each violation, with
regard to any license | ||||||
| 2 | or licensee
for any one or more of the following:
| ||||||
| 3 | (1) violations of this Act or of the rules adopted | ||||||
| 4 | under this Act;
| ||||||
| 5 | (2) conviction by plea of guilty or nolo contendere, | ||||||
| 6 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 7 | sentencing of any crime, including, but not limited to, | ||||||
| 8 | convictions, preceding sentences of supervision, | ||||||
| 9 | conditional discharge, or first offender probation, under | ||||||
| 10 | the laws of any jurisdiction of the United States: (i) that | ||||||
| 11 | is a felony; or (ii) that is a misdemeanor, an essential | ||||||
| 12 | element of which is dishonesty, or that is directly related | ||||||
| 13 | to the practice of the profession;
| ||||||
| 14 | (3) professional incompetence;
| ||||||
| 15 | (4) advertising in a false, deceptive, or misleading | ||||||
| 16 | manner; | ||||||
| 17 | (5) aiding, abetting, assisting, procuring, advising, | ||||||
| 18 | employing, or contracting with any unlicensed person to | ||||||
| 19 | practice massage contrary to any rules or provisions of | ||||||
| 20 | this Act; | ||||||
| 21 | (6) engaging in immoral conduct in the commission of | ||||||
| 22 | any act, such as
sexual abuse, sexual misconduct, or sexual | ||||||
| 23 | exploitation, related to the
licensee's practice;
| ||||||
| 24 | (7) engaging in dishonorable, unethical, or | ||||||
| 25 | unprofessional conduct of a
character
likely to deceive, | ||||||
| 26 | defraud, or harm the public;
| ||||||
| |||||||
| |||||||
| 1 | (8) practicing or offering to practice beyond the scope | ||||||
| 2 | permitted by law
or
accepting and performing professional | ||||||
| 3 | responsibilities which the licensee knows
or has reason to
| ||||||
| 4 | know that he or she is not competent to perform;
| ||||||
| 5 | (9) knowingly delegating professional responsibilities | ||||||
| 6 | to a person
unqualified by
training, experience, or | ||||||
| 7 | licensure to perform;
| ||||||
| 8 | (10) failing to provide information in response to a | ||||||
| 9 | written request made
by the
Department within 60 days;
| ||||||
| 10 | (11) having a habitual or excessive use of or addiction | ||||||
| 11 | to alcohol,
narcotics,
stimulants, or
any other chemical | ||||||
| 12 | agent or drug which results in the inability to practice
| ||||||
| 13 | with reasonable
judgment, skill, or safety;
| ||||||
| 14 | (12) having a pattern of practice or other behavior | ||||||
| 15 | that demonstrates
incapacity
or
incompetence to practice | ||||||
| 16 | under this Act;
| ||||||
| 17 | (13) discipline by another state, District of | ||||||
| 18 | Columbia, territory, or foreign nation, if at least one of | ||||||
| 19 | the grounds for the discipline is the same or substantially | ||||||
| 20 | equivalent to those set forth in this Section; | ||||||
| 21 | (14) a finding by the Department that the licensee, | ||||||
| 22 | after having his or her license placed on probationary | ||||||
| 23 | status, has violated the terms of probation; | ||||||
| 24 | (15) willfully making or filing false records or | ||||||
| 25 | reports in his or her practice, including, but not limited | ||||||
| 26 | to, false records filed with State agencies or departments; | ||||||
| |||||||
| |||||||
| 1 | (16) making a material misstatement in furnishing | ||||||
| 2 | information to the
Department or
otherwise making | ||||||
| 3 | misleading, deceptive, untrue, or fraudulent | ||||||
| 4 | representations
in violation of this
Act or otherwise in | ||||||
| 5 | the practice of the profession;
| ||||||
| 6 | (17) fraud or misrepresentation in applying for or | ||||||
| 7 | procuring a license under this Act or in connection with | ||||||
| 8 | applying for renewal of a license under this Act;
| ||||||
| 9 | (18) inability to practice the profession with | ||||||
| 10 | reasonable judgment, skill, or safety as a result of | ||||||
| 11 | physical illness, including, but not limited to, | ||||||
| 12 | deterioration through the aging process, loss of motor | ||||||
| 13 | skill, or a mental illness or disability;
| ||||||
| 14 | (19) charging for professional services not rendered, | ||||||
| 15 | including filing false statements for the collection of | ||||||
| 16 | fees for which services are not rendered; | ||||||
| 17 | (20) practicing under a false or, except as provided by | ||||||
| 18 | law, an assumed name; or | ||||||
| 19 | (21) cheating on or attempting to subvert the licensing | ||||||
| 20 | examination administered under this Act. | ||||||
| 21 | All fines shall be paid within 60 days of the effective | ||||||
| 22 | date of the order imposing the fine. | ||||||
| 23 | (b) A person not licensed under this Act and engaged in the | ||||||
| 24 | business of offering massage therapy services through others, | ||||||
| 25 | shall not aid, abet, assist, procure, advise, employ, or | ||||||
| 26 | contract with any unlicensed person to practice massage therapy | ||||||
| |||||||
| |||||||
| 1 | contrary to any rules or provisions of this Act. A person | ||||||
| 2 | violating this subsection (b) shall be treated as a licensee | ||||||
| 3 | for the purposes of disciplinary action under this Section and | ||||||
| 4 | shall be subject to cease and desist orders as provided in | ||||||
| 5 | Section 90 of this Act. | ||||||
| 6 | (c) The Department shall revoke any license issued under | ||||||
| 7 | this Act of any person who is convicted of prostitution, rape, | ||||||
| 8 | sexual misconduct, or any crime that subjects the licensee to | ||||||
| 9 | compliance with the requirements of the Sex Offender | ||||||
| 10 | Registration Act and any such conviction shall operate as a | ||||||
| 11 | permanent bar in the State of Illinois to practice as a massage | ||||||
| 12 | therapist. | ||||||
| 13 | (d) The Department may refuse to issue or may suspend the | ||||||
| 14 | license of any
person who
fails to file a tax return, to pay | ||||||
| 15 | the tax, penalty, or interest shown in a
filed
tax return, or | ||||||
| 16 | to pay any final
assessment of tax, penalty, or interest, as | ||||||
| 17 | required by any tax Act
administered by the Illinois
Department | ||||||
| 18 | of Revenue, until such time as the requirements of the tax Act | ||||||
| 19 | are
satisfied in accordance with subsection (g) of Section | ||||||
| 20 | 2105-15 of the Civil Administrative Code of Illinois.
| ||||||
| 21 | (e) The Department shall deny a license or renewal | ||||||
| 22 | authorized by this Act to a person who has defaulted on an | ||||||
| 23 | educational loan or scholarship provided or guaranteed by the | ||||||
| 24 | Illinois Student Assistance Commission or any governmental | ||||||
| 25 | agency of this State in accordance with item (5) of subsection | ||||||
| 26 | (a) (g) of Section 2105-15 of the Civil Administrative Code of | ||||||
| |||||||
| |||||||
| 1 | Illinois. | ||||||
| 2 | (f) In cases where the Department of Healthcare and Family | ||||||
| 3 | Services has previously determined that a licensee or a | ||||||
| 4 | potential licensee is more than 30 days delinquent in the | ||||||
| 5 | payment of child support and has subsequently certified the | ||||||
| 6 | delinquency to the Department, the Department may refuse to | ||||||
| 7 | issue or renew or may revoke or suspend that person's license | ||||||
| 8 | or may take other disciplinary action against that person based | ||||||
| 9 | solely upon the certification of delinquency made by the | ||||||
| 10 | Department of Healthcare and Family Services in accordance with | ||||||
| 11 | item (5) of subsection (a) (g) of Section 2105-15 of the Civil | ||||||
| 12 | Administrative Code of Illinois. | ||||||
| 13 | (g) The determination by a circuit court that a licensee is
| ||||||
| 14 | subject
to involuntary admission or judicial admission, as | ||||||
| 15 | provided in the Mental
Health and
Developmental Disabilities | ||||||
| 16 | Code, operates as an automatic suspension. The
suspension
will | ||||||
| 17 | end only upon a finding by a court that the patient is no | ||||||
| 18 | longer
subject to
involuntary admission or judicial admission | ||||||
| 19 | and the issuance of a court
order so finding
and discharging | ||||||
| 20 | the patient.
| ||||||
| 21 | (h) In enforcing this Act, the Department or Board, upon a | ||||||
| 22 | showing of a
possible violation, may compel an individual | ||||||
| 23 | licensed to practice under this
Act, or who
has applied for | ||||||
| 24 | licensure under this Act, to submit to a mental or physical
| ||||||
| 25 | examination, or
both, as required by and at the expense of the | ||||||
| 26 | Department. The Department or
Board may
order the examining | ||||||
| |||||||
| |||||||
| 1 | physician to present testimony concerning the mental or
| ||||||
| 2 | physical
examination of the licensee or applicant. No | ||||||
| 3 | information shall be excluded by
reason of
any common law or | ||||||
| 4 | statutory privilege relating to communications between the
| ||||||
| 5 | licensee
or applicant and the examining physician. The | ||||||
| 6 | examining physicians shall be
specifically
designated by the | ||||||
| 7 | Board or Department. The individual to be examined may have,
at | ||||||
| 8 | his
or her own expense, another physician of his or her choice | ||||||
| 9 | present during all aspects of
this examination. The examination | ||||||
| 10 | shall be performed by a physician licensed
to practice
medicine | ||||||
| 11 | in all its branches. Failure of an individual to submit to a | ||||||
| 12 | mental
or physical
examination, when directed, shall result in | ||||||
| 13 | an automatic suspension without hearing.
| ||||||
| 14 | A person holding a license under this Act or who has | ||||||
| 15 | applied for a license under this Act who, because of a physical | ||||||
| 16 | or mental illness or disability, including, but not limited to, | ||||||
| 17 | deterioration through the aging process or loss of motor skill, | ||||||
| 18 | is unable to practice the profession with reasonable judgment, | ||||||
| 19 | skill, or safety, may be required by the Department to submit | ||||||
| 20 | to care, counseling, or treatment by physicians approved or | ||||||
| 21 | designated by the Department as a condition, term, or | ||||||
| 22 | restriction for continued, reinstated, or renewed licensure to | ||||||
| 23 | practice. Submission to care, counseling, or treatment as | ||||||
| 24 | required by the Department shall not be considered discipline | ||||||
| 25 | of a license. If the licensee refuses to enter into a care, | ||||||
| 26 | counseling, or treatment agreement or fails to abide by the | ||||||
| |||||||
| |||||||
| 1 | terms of the agreement, the Department may file a complaint to | ||||||
| 2 | revoke, suspend, or otherwise discipline the license of the | ||||||
| 3 | individual. The Secretary may order the license suspended | ||||||
| 4 | immediately, pending a hearing by the Department. Fines shall | ||||||
| 5 | not be assessed in disciplinary actions involving physical or | ||||||
| 6 | mental illness or impairment.
| ||||||
| 7 | In instances in which the Secretary immediately suspends a | ||||||
| 8 | person's license
under
this Section, a hearing on that person's | ||||||
| 9 | license must be convened by the
Department
within 15 days after | ||||||
| 10 | the suspension and completed without appreciable delay.
The
| ||||||
| 11 | Department and Board shall have the authority to review the | ||||||
| 12 | subject
individual's record
of treatment and counseling | ||||||
| 13 | regarding the impairment to the extent permitted by
applicable | ||||||
| 14 | federal statutes and regulations safeguarding the | ||||||
| 15 | confidentiality of
medical
records.
| ||||||
| 16 | An individual licensed under this Act and affected under | ||||||
| 17 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
| 18 | the Department or Board that he or
she can
resume practice in | ||||||
| 19 | compliance with acceptable and prevailing standards under
the
| ||||||
| 20 | provisions of his or her license.
| ||||||
| 21 | (Source: P.A. 97-514, eff. 8-23-11; revised 11-14-13.)
| ||||||
| 22 | Section 415. The Nurse Practice Act is amended by changing | ||||||
| 23 | Section 65-35 as follows:
| ||||||
| 24 | (225 ILCS 65/65-35)
(was 225 ILCS 65/15-15)
| ||||||
| |||||||
| |||||||
| 1 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 2 | Sec. 65-35. Written collaborative
agreements. | ||||||
| 3 | (a) A written collaborative agreement is required for all | ||||||
| 4 | advanced practice nurses engaged in clinical practice, except | ||||||
| 5 | for advanced practice nurses who are authorized to practice in | ||||||
| 6 | a hospital or ambulatory surgical treatment center. | ||||||
| 7 | (a-5) If an advanced practice nurse engages in clinical | ||||||
| 8 | practice outside of a hospital or ambulatory surgical treatment | ||||||
| 9 | center in which he or she is authorized to practice, the | ||||||
| 10 | advanced practice nurse must have a written collaborative | ||||||
| 11 | agreement.
| ||||||
| 12 | (b) A written collaborative
agreement shall describe the | ||||||
| 13 | working relationship of the
advanced practice nurse with the | ||||||
| 14 | collaborating
physician or podiatric physician and shall | ||||||
| 15 | authorize the categories of
care, treatment, or procedures to | ||||||
| 16 | be performed by the advanced
practice nurse. A collaborative | ||||||
| 17 | agreement with a dentist must be in accordance with subsection | ||||||
| 18 | (c-10) of this Section. Collaboration does not require an
| ||||||
| 19 | employment relationship between the collaborating physician
| ||||||
| 20 | and advanced practice nurse. Collaboration means
the | ||||||
| 21 | relationship under
which an advanced practice nurse works with | ||||||
| 22 | a collaborating
physician or podiatric physician in an active | ||||||
| 23 | clinical practice to deliver health care services in
accordance | ||||||
| 24 | with
(i) the advanced practice nurse's training, education,
and | ||||||
| 25 | experience and (ii) collaboration and consultation as | ||||||
| 26 | documented in a
jointly developed written collaborative
| ||||||
| |||||||
| |||||||
| 1 | agreement.
| ||||||
| 2 | The agreement shall promote the
exercise of professional | ||||||
| 3 | judgment by the advanced practice
nurse commensurate with his | ||||||
| 4 | or her education and
experience. The services to be provided by | ||||||
| 5 | the advanced
practice nurse shall be services that the
| ||||||
| 6 | collaborating physician or podiatric physician is authorized | ||||||
| 7 | to and generally provides or may provide in his or her clinical | ||||||
| 8 | medical or podiatric practice, except as set forth in | ||||||
| 9 | subsection subsections (b-5) or (c-5) of this Section.
The | ||||||
| 10 | agreement need not describe the exact steps that an advanced | ||||||
| 11 | practice
nurse must take with respect to each specific | ||||||
| 12 | condition, disease, or symptom
but must specify
which | ||||||
| 13 | authorized procedures require the presence of the | ||||||
| 14 | collaborating physician or podiatric physician as
the | ||||||
| 15 | procedures are being performed. The collaborative
relationship | ||||||
| 16 | under an agreement shall not be
construed to require the | ||||||
| 17 | personal presence of a physician or podiatric physician at the | ||||||
| 18 | place where services are rendered.
Methods of communication | ||||||
| 19 | shall
be available for consultation with the collaborating
| ||||||
| 20 | physician or podiatric physician in person or by | ||||||
| 21 | telecommunications in accordance with
established written | ||||||
| 22 | guidelines as set forth in the written
agreement.
| ||||||
| 23 | (b-5) Absent an employment relationship, a written | ||||||
| 24 | collaborative agreement may not (1) restrict the categories of | ||||||
| 25 | patients of an advanced practice nurse within the scope of the | ||||||
| 26 | advanced practice nurses training and experience, (2) limit | ||||||
| |||||||
| |||||||
| 1 | third party payors or government health programs, such as the | ||||||
| 2 | medical assistance program or Medicare with which the advanced | ||||||
| 3 | practice nurse contracts, or (3) limit the geographic area or | ||||||
| 4 | practice location of the advanced practice nurse in this State. | ||||||
| 5 | (c) Collaboration and consultation under all collaboration | ||||||
| 6 | agreements
shall be adequate if a
collaborating physician or | ||||||
| 7 | podiatric physician does each of the following:
| ||||||
| 8 | (1) Participates in the joint formulation and joint | ||||||
| 9 | approval of orders or
guidelines with the advanced practice | ||||||
| 10 | nurse and he or she periodically reviews such orders and | ||||||
| 11 | the
services provided patients under such orders in | ||||||
| 12 | accordance with accepted
standards of medical practice or | ||||||
| 13 | podiatric practice and advanced practice nursing practice.
| ||||||
| 14 | (2) Provides collaboration and consultation with the | ||||||
| 15 | advanced practice nurse at least once a month. In the case | ||||||
| 16 | of anesthesia services provided by a certified registered | ||||||
| 17 | nurse anesthetist, an anesthesiologist, a physician, a | ||||||
| 18 | dentist, or a podiatric physician must participate through | ||||||
| 19 | discussion of and agreement with the anesthesia plan and | ||||||
| 20 | remain physically present and available on the premises | ||||||
| 21 | during the delivery of anesthesia services for diagnosis, | ||||||
| 22 | consultation, and treatment of emergency medical | ||||||
| 23 | conditions.
| ||||||
| 24 | (3) Is available through telecommunications for | ||||||
| 25 | consultation on medical
problems, complications, or | ||||||
| 26 | emergencies or patient referral. In the case of anesthesia | ||||||
| |||||||
| |||||||
| 1 | services provided by a certified registered nurse | ||||||
| 2 | anesthetist, an anesthesiologist, a physician, a dentist, | ||||||
| 3 | or a podiatric physician must participate through | ||||||
| 4 | discussion of and agreement with the anesthesia plan and | ||||||
| 5 | remain physically present and available on the premises | ||||||
| 6 | during the delivery of anesthesia services for diagnosis, | ||||||
| 7 | consultation, and treatment of emergency medical | ||||||
| 8 | conditions.
| ||||||
| 9 | The agreement must contain provisions detailing notice for | ||||||
| 10 | termination or change of status involving a written | ||||||
| 11 | collaborative agreement, except when such notice is given for | ||||||
| 12 | just cause. | ||||||
| 13 | (c-5) A certified registered nurse anesthetist, who | ||||||
| 14 | provides anesthesia services outside of a hospital or | ||||||
| 15 | ambulatory surgical treatment center shall enter into a written | ||||||
| 16 | collaborative agreement with an anesthesiologist or the | ||||||
| 17 | physician licensed to practice medicine in all its branches or | ||||||
| 18 | the podiatric physician performing the procedure. Outside of a | ||||||
| 19 | hospital or ambulatory surgical treatment center, the | ||||||
| 20 | certified registered nurse anesthetist may provide only those | ||||||
| 21 | services that the collaborating podiatric physician is | ||||||
| 22 | authorized to provide pursuant to the Podiatric Medical | ||||||
| 23 | Practice Act of 1987 and rules adopted thereunder. A certified | ||||||
| 24 | registered nurse anesthetist may select, order, and administer | ||||||
| 25 | medication, including controlled substances, and apply | ||||||
| 26 | appropriate medical devices for delivery of anesthesia | ||||||
| |||||||
| |||||||
| 1 | services under the anesthesia plan agreed with by the | ||||||
| 2 | anesthesiologist or the operating physician or operating | ||||||
| 3 | podiatric physician. | ||||||
| 4 | (c-10) A certified registered nurse anesthetist who | ||||||
| 5 | provides anesthesia services in a dental office shall enter | ||||||
| 6 | into a written collaborative agreement with an | ||||||
| 7 | anesthesiologist or the physician licensed to practice | ||||||
| 8 | medicine in all its branches or the operating dentist | ||||||
| 9 | performing the procedure. The agreement shall describe the | ||||||
| 10 | working relationship of the certified registered nurse | ||||||
| 11 | anesthetist and dentist and shall authorize the categories of | ||||||
| 12 | care, treatment, or procedures to be performed by the certified | ||||||
| 13 | registered nurse anesthetist. In a collaborating dentist's | ||||||
| 14 | office, the certified registered nurse anesthetist may only | ||||||
| 15 | provide those services that the operating dentist with the | ||||||
| 16 | appropriate permit is authorized to provide pursuant to the | ||||||
| 17 | Illinois Dental Practice Act and rules adopted thereunder. For | ||||||
| 18 | anesthesia services, an anesthesiologist, physician, or | ||||||
| 19 | operating dentist shall participate through discussion of and | ||||||
| 20 | agreement with the anesthesia plan and shall remain physically | ||||||
| 21 | present and be available on the premises during the delivery of | ||||||
| 22 | anesthesia services for diagnosis, consultation, and treatment | ||||||
| 23 | of emergency medical conditions. A certified registered nurse | ||||||
| 24 | anesthetist may select, order, and administer medication, | ||||||
| 25 | including controlled substances, and apply appropriate medical | ||||||
| 26 | devices for delivery of anesthesia services under the | ||||||
| |||||||
| |||||||
| 1 | anesthesia plan agreed with by the operating dentist. | ||||||
| 2 | (d) A copy of the signed, written collaborative agreement | ||||||
| 3 | must be available
to the Department upon request from both the | ||||||
| 4 | advanced practice nurse
and the collaborating physician or | ||||||
| 5 | podiatric physician. | ||||||
| 6 | (e) Nothing in this Act shall be construed to limit the | ||||||
| 7 | delegation of tasks or duties by a physician to a licensed | ||||||
| 8 | practical nurse, a registered professional nurse, or other | ||||||
| 9 | persons in accordance with Section 54.2 of the Medical Practice | ||||||
| 10 | Act of 1987. Nothing in this Act shall be construed to limit | ||||||
| 11 | the method of delegation that may be authorized by any means, | ||||||
| 12 | including, but not limited to, oral, written, electronic, | ||||||
| 13 | standing orders, protocols, guidelines, or verbal orders. | ||||||
| 14 | (f) An advanced
practice nurse shall inform each | ||||||
| 15 | collaborating physician, dentist, or podiatric physician of | ||||||
| 16 | all collaborative
agreements he or she
has signed and provide a | ||||||
| 17 | copy of these to any collaborating physician, dentist, or | ||||||
| 18 | podiatric physician upon
request.
| ||||||
| 19 | (g) For the purposes of this Act, "generally provides or | ||||||
| 20 | may provide in his or her clinical medical practice" means | ||||||
| 21 | categories of care or treatment, not specific tasks or duties, | ||||||
| 22 | the physician podiatric physician provides individually or | ||||||
| 23 | through delegation to other persons so that the physician | ||||||
| 24 | podiatric physician has the experience and ability to provide | ||||||
| 25 | collaboration and consultation. This definition shall not be | ||||||
| 26 | construed to prohibit an advanced practice nurse from providing | ||||||
| |||||||
| |||||||
| 1 | primary health treatment or care within the scope of his or her | ||||||
| 2 | training and experience, including, but not limited to, health | ||||||
| 3 | screenings, patient histories, physical examinations, women's | ||||||
| 4 | health examinations, or school physicals that may be provided | ||||||
| 5 | as part of the routine practice of an advanced practice nurse | ||||||
| 6 | or on a volunteer basis. | ||||||
| 7 | For the purposes of this Act, "generally provides or may | ||||||
| 8 | provide in to his or her patients in the normal course of his | ||||||
| 9 | or her clinical podiatric practice" means services, not | ||||||
| 10 | specific tasks or duties, that the podiatric physician | ||||||
| 11 | podiatrist routinely provides individually or through | ||||||
| 12 | delegation to other persons so that the podiatric physician | ||||||
| 13 | podiatrist has the experience and ability to provide | ||||||
| 14 | collaboration and consultation. | ||||||
| 15 | (Source: P.A. 97-358, eff. 8-12-11; 98-192, eff. 1-1-14; | ||||||
| 16 | 98-214, eff. 8-9-13; revised 9-24-13.)
| ||||||
| 17 | Section 420. The Illinois Occupational Therapy Practice | ||||||
| 18 | Act is amended by changing Sections 3, 3.1, 15, 19, and 21 as | ||||||
| 19 | follows:
| ||||||
| 20 | (225 ILCS 75/3) (from Ch. 111, par. 3703)
| ||||||
| 21 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 22 | Sec. 3. Licensure requirement; exempt activities. After | ||||||
| 23 | the effective date of this Act, no person shall practice
| ||||||
| 24 | occupational therapy or hold himself out as an occupational | ||||||
| |||||||
| |||||||
| 1 | therapist or
an occupational therapy assistant, or as being | ||||||
| 2 | able to practice occupational
therapy or to render services | ||||||
| 3 | designated as occupational therapy in this State,
unless
he is | ||||||
| 4 | licensed in accordance with the provisions of this Act.
| ||||||
| 5 | Nothing in this Act shall be construed as preventing or | ||||||
| 6 | restricting the
practice, services, or activities of:
| ||||||
| 7 | (1) Any person licensed in this State by any other law | ||||||
| 8 | from engaging in
the profession or occupation for which he | ||||||
| 9 | is licensed; or
| ||||||
| 10 | (2) Any person employed as an occupational therapist or | ||||||
| 11 | occupational therapy
assistant by the Government of the | ||||||
| 12 | United States, if such person provides
occupational | ||||||
| 13 | therapy solely under the direction or control of the | ||||||
| 14 | organization
by which he or she is employed; or
| ||||||
| 15 | (3) Any person pursuing a course of study leading to a | ||||||
| 16 | degree or certificate
in occupational therapy at an | ||||||
| 17 | accredited or approved educational program
if such | ||||||
| 18 | activities and services constitute a part of a supervised | ||||||
| 19 | course
of study, and if such person is designated by a | ||||||
| 20 | title which clearly indicates
his or her status as a | ||||||
| 21 | student or trainee; or
| ||||||
| 22 | (4) Any person fulfilling the supervised work | ||||||
| 23 | experience requirements
of Sections 8 and 9 of this Act, if | ||||||
| 24 | such activities and services constitute
a part of the | ||||||
| 25 | experience necessary to meet the requirement of those | ||||||
| 26 | Sections;
or
| ||||||
| |||||||
| |||||||
| 1 | (5) Any person performing occupational therapy | ||||||
| 2 | services in the State,
if such a person is not a resident | ||||||
| 3 | of this State and is not licensed under
this Act, and if | ||||||
| 4 | such services are performed for no more than 60 days a
| ||||||
| 5 | calendar year in association with an occupational | ||||||
| 6 | therapist licensed under
this Act and if such person meets | ||||||
| 7 | the qualifications for license under this Act
and:
| ||||||
| 8 | (i) such person is licensed under the law of | ||||||
| 9 | another state which has
licensure
requirements at | ||||||
| 10 | least as restrictive as the requirements of this Act, | ||||||
| 11 | or
| ||||||
| 12 | (ii) such person meets the requirements for | ||||||
| 13 | certification as an
Occupational
Therapist Registered | ||||||
| 14 | (O.T.R.) or a Certified Occupational Therapy Assistant
| ||||||
| 15 | (C.O.T.A.) established by the National Board for | ||||||
| 16 | Certification of
Occupational Therapy or another | ||||||
| 17 | nationally recognized credentialing body
approved by | ||||||
| 18 | the Board; or
| ||||||
| 19 | (6) The practice of occupational therapy by one who has | ||||||
| 20 | applied in writing
to the Department for a license, in form | ||||||
| 21 | and substance satisfactory to
the Department, and has | ||||||
| 22 | complied with all the provisions
of either Section 8 or 9 | ||||||
| 23 | except the passing of the examination to be eligible
to | ||||||
| 24 | receive such license. In no event shall this exemption
| ||||||
| 25 | extend to any person for longer than 6 months, except as | ||||||
| 26 | follows:
| ||||||
| |||||||
| |||||||
| 1 | (i) if the date on which a person can take the next | ||||||
| 2 | available examination
authorized by the
Department | ||||||
| 3 | extends beyond 6 months from the date the person | ||||||
| 4 | completes the
occupational therapy
program as required | ||||||
| 5 | under Section 8 or 9,
the
Department shall extend the | ||||||
| 6 | exemption until the results of that
examination become | ||||||
| 7 | available to the Department; or
| ||||||
| 8 | (ii) if the Department is unable to complete its | ||||||
| 9 | evaluation and processing
of a person's application | ||||||
| 10 | for a license within 6 months after the date on which
| ||||||
| 11 | the application is submitted to the Department in | ||||||
| 12 | proper form, the Department
shall extend the exemption | ||||||
| 13 | until the Department has completed its evaluation
and | ||||||
| 14 | processing of the application.
| ||||||
| 15 | In the event such applicant fails the examination, the | ||||||
| 16 | applicant shall
cease work immediately until such time as | ||||||
| 17 | the applicant is licensed to
practice occupational therapy | ||||||
| 18 | in this State; or .
| ||||||
| 19 | (7) The practice of occupational therapy by one who has | ||||||
| 20 | applied to the
Department, in form and substance | ||||||
| 21 | satisfactory to the Department, and who
is licensed to | ||||||
| 22 | practice occupational therapy under the laws of another
| ||||||
| 23 | state, territory of the United States or country and who is | ||||||
| 24 | qualified to
receive a license under the provisions of | ||||||
| 25 | either Section 8 or 9 of this
Act. In no event shall this | ||||||
| 26 | exemption extend to any person for longer than 6
months; | ||||||
| |||||||
| |||||||
| 1 | or .
| ||||||
| 2 | (8) (Blank).
| ||||||
| 3 | (Source: P.A. 98-264, eff. 12-31-13; revised 11-14-13.)
| ||||||
| 4 | (225 ILCS 75/3.1)
| ||||||
| 5 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 6 | Sec. 3.1. Referrals. | ||||||
| 7 | (a) A licensed occupational therapist or licensed
| ||||||
| 8 | occupational therapy assistant may consult with, educate, | ||||||
| 9 | evaluate, and monitor
services for individuals, groups, and | ||||||
| 10 | populations concerning occupational therapy needs. Except as | ||||||
| 11 | indicated in subsections (b) and (c) of this Section, | ||||||
| 12 | implementation
of direct occupational therapy treatment to | ||||||
| 13 | individuals for their specific
health care conditions shall be | ||||||
| 14 | based upon a referral from a licensed
physician, dentist, | ||||||
| 15 | podiatric physician, or advanced practice nurse who has a | ||||||
| 16 | written collaborative agreement with a collaborating physician | ||||||
| 17 | to provide or accept referrals from licensed occupational | ||||||
| 18 | therapists, physician assistant who has been delegated | ||||||
| 19 | authority to provide or accept referrals from or to licensed | ||||||
| 20 | occupational therapists, or optometrist.
| ||||||
| 21 | (b) A referral is not required for the purpose of providing | ||||||
| 22 | consultation, habilitation, screening, education, wellness, | ||||||
| 23 | prevention, environmental assessments, and work-related | ||||||
| 24 | ergonomic services to individuals, groups, or populations. | ||||||
| 25 | (c) Referral from a physician or other health care provider | ||||||
| |||||||
| |||||||
| 1 | is not required for evaluation or intervention for children and | ||||||
| 2 | youths if an occupational therapist or occupational therapy | ||||||
| 3 | assistant provides services in a school-based or educational | ||||||
| 4 | environment, including the child's home. | ||||||
| 5 | (d) An occupational therapist shall refer to a licensed | ||||||
| 6 | physician, dentist,
optometrist, advanced practice nurse, | ||||||
| 7 | physician assistant, or podiatric physician any patient whose | ||||||
| 8 | medical condition should, at the
time of evaluation or | ||||||
| 9 | treatment, be determined to be beyond the scope of
practice of | ||||||
| 10 | the occupational therapist.
| ||||||
| 11 | (Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13; | ||||||
| 12 | revised 9-9-13.)
| ||||||
| 13 | (225 ILCS 75/15) (from Ch. 111, par. 3715)
| ||||||
| 14 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 15 | Sec. 15.
Any person who is issued a license as an | ||||||
| 16 | occupational therapist
registered under the terms of this Act | ||||||
| 17 | may use the words "occupational
therapist" or "licensed | ||||||
| 18 | occupational therapist", or
may use the
letters "O.T.", "OT/L", | ||||||
| 19 | or "OTR/L", in connection with his or her name or place
of | ||||||
| 20 | business to denote his or her licensure under this Act.
| ||||||
| 21 | Any person who is issued a license as an a occupational | ||||||
| 22 | therapy
assistant under the terms of this Act may use the | ||||||
| 23 | words, "occupational therapy
assistant" or "licensed | ||||||
| 24 | occupational therapy assistant", or
he or she may use
the | ||||||
| 25 | letters "O.T.A.", "OTA/L", or "COTA/L" in connection with his | ||||||
| |||||||
| |||||||
| 1 | or her
name or place of business to denote his or her licensure | ||||||
| 2 | under this
Act.
| ||||||
| 3 | (Source: P.A. 98-264, eff. 12-31-13; revised 11-12-13.)
| ||||||
| 4 | (225 ILCS 75/19) (from Ch. 111, par. 3719)
| ||||||
| 5 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 6 | Sec. 19. Grounds for discipline. | ||||||
| 7 | (a) The Department may refuse to issue or renew, or may | ||||||
| 8 | revoke,
suspend, place on probation, reprimand or take other | ||||||
| 9 | disciplinary or non-disciplinary
action as the Department may | ||||||
| 10 | deem proper, including imposing fines not to exceed
$10,000 for | ||||||
| 11 | each violation and the assessment of costs as provided under | ||||||
| 12 | Section 19.3 of this Act, with regard to any license for
any | ||||||
| 13 | one or combination of the following:
| ||||||
| 14 | (1) Material misstatement in furnishing information to | ||||||
| 15 | the Department;
| ||||||
| 16 | (2) Violations of this Act, or of the rules promulgated | ||||||
| 17 | thereunder;
| ||||||
| 18 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
| 19 | finding of guilt, jury verdict, or entry of judgment or | ||||||
| 20 | sentencing of any crime, including, but not limited to, | ||||||
| 21 | convictions, preceding sentences of supervision, | ||||||
| 22 | conditional discharge, or first offender probation, under | ||||||
| 23 | the laws of any jurisdiction of the United States that is | ||||||
| 24 | (i) a felony or (ii) a misdemeanor, an essential element of | ||||||
| 25 | which is dishonesty, or that is directly related to the | ||||||
| |||||||
| |||||||
| 1 | practice of the profession;
| ||||||
| 2 | (4) Fraud or any misrepresentation in applying for or | ||||||
| 3 | procuring a license under this Act, or in connection with | ||||||
| 4 | applying for renewal of a license under this Act;
| ||||||
| 5 | (5) Professional incompetence;
| ||||||
| 6 | (6) Aiding or assisting another person, firm, | ||||||
| 7 | partnership or
corporation in violating any provision of | ||||||
| 8 | this Act or rules;
| ||||||
| 9 | (7) Failing, within 60 days, to provide information in | ||||||
| 10 | response to a
written request made by the Department;
| ||||||
| 11 | (8) Engaging in dishonorable, unethical or | ||||||
| 12 | unprofessional conduct of a
character likely to deceive, | ||||||
| 13 | defraud or harm the public;
| ||||||
| 14 | (9) Habitual or excessive use or abuse of drugs defined | ||||||
| 15 | in law as controlled substances, alcohol, or any other | ||||||
| 16 | substance that results in the inability to practice with | ||||||
| 17 | reasonable judgment, skill, or safety;
| ||||||
| 18 | (10) Discipline by another state, unit of government, | ||||||
| 19 | government agency, the District of Columbia, a territory,
| ||||||
| 20 | or foreign nation, if at least one of the grounds for the | ||||||
| 21 | discipline is
the same or substantially equivalent to those | ||||||
| 22 | set forth herein;
| ||||||
| 23 | (11) Directly or indirectly giving to or receiving from | ||||||
| 24 | any person, firm,
corporation, partnership, or association | ||||||
| 25 | any fee, commission, rebate or other
form of compensation | ||||||
| 26 | for professional services not actually or personally
| ||||||
| |||||||
| |||||||
| 1 | rendered. Nothing in this paragraph (11) affects any bona | ||||||
| 2 | fide independent contractor or employment arrangements | ||||||
| 3 | among health care professionals, health facilities, health | ||||||
| 4 | care providers, or other entities, except as otherwise | ||||||
| 5 | prohibited by law. Any employment arrangements may include | ||||||
| 6 | provisions for compensation, health insurance, pension, or | ||||||
| 7 | other employment benefits for the provision of services | ||||||
| 8 | within the scope of the licensee's practice under this Act. | ||||||
| 9 | Nothing in this paragraph (11) shall be construed to | ||||||
| 10 | require an employment arrangement to receive professional | ||||||
| 11 | fees for services rendered;
| ||||||
| 12 | (12) A finding by the Department that the license | ||||||
| 13 | holder, after having his
license disciplined, has violated | ||||||
| 14 | the terms of the discipline;
| ||||||
| 15 | (13) Wilfully making or filing false records or reports | ||||||
| 16 | in the practice
of occupational therapy, including but not | ||||||
| 17 | limited to false records filed
with the State agencies or | ||||||
| 18 | departments;
| ||||||
| 19 | (14) Physical illness, including but not limited to, | ||||||
| 20 | deterioration through
the aging process, or loss of motor | ||||||
| 21 | skill which results in the inability
to practice under this | ||||||
| 22 | Act with reasonable judgment, skill, or safety;
| ||||||
| 23 | (15) Solicitation of professional services other than | ||||||
| 24 | by permitted
advertising;
| ||||||
| 25 | (16) Allowing one's license under this Act to be used | ||||||
| 26 | by an unlicensed person in violation of this Act;
| ||||||
| |||||||
| |||||||
| 1 | (17) Practicing under a false or, except as provided by | ||||||
| 2 | law, assumed name;
| ||||||
| 3 | (18) Professional incompetence or gross negligence;
| ||||||
| 4 | (19) Malpractice;
| ||||||
| 5 | (20) Promotion of the sale of drugs, devices, | ||||||
| 6 | appliances, or goods provided for a patient in any manner | ||||||
| 7 | to exploit the client for financial gain of the licensee;
| ||||||
| 8 | (21) Gross, willful, or continued overcharging for | ||||||
| 9 | professional services;
| ||||||
| 10 | (22) Mental illness or disability that results in the | ||||||
| 11 | inability to practice under this Act with reasonable | ||||||
| 12 | judgment, skill, or safety;
| ||||||
| 13 | (23) Violating the Health Care Worker Self-Referral | ||||||
| 14 | Act;
| ||||||
| 15 | (24) Having treated patients other than by the practice | ||||||
| 16 | of occupational
therapy as defined in this Act, or having | ||||||
| 17 | treated patients as a licensed
occupational therapist | ||||||
| 18 | independent of a referral from a physician, advanced | ||||||
| 19 | practice nurse or physician assistant in accordance with | ||||||
| 20 | Section 3.1, dentist,
podiatric physician, or optometrist, | ||||||
| 21 | or having failed to notify the physician,
advanced practice | ||||||
| 22 | nurse, physician assistant,
dentist, podiatric physician, | ||||||
| 23 | or optometrist who established a diagnosis that the
patient | ||||||
| 24 | is
receiving occupational therapy pursuant to that | ||||||
| 25 | diagnosis;
| ||||||
| 26 | (25) Cheating on or attempting to subvert the licensing | ||||||
| |||||||
| |||||||
| 1 | examination administered under this Act; and | ||||||
| 2 | (26) Charging for professional services not rendered, | ||||||
| 3 | including filing false statements for the collection of | ||||||
| 4 | fees for which services are not rendered. | ||||||
| 5 | All fines imposed under this Section shall be paid within | ||||||
| 6 | 60 days after the effective date of the order imposing the fine | ||||||
| 7 | or in accordance with the terms set forth in the order imposing | ||||||
| 8 | the fine. | ||||||
| 9 | (b) The determination by a circuit court that a license | ||||||
| 10 | holder is subject
to involuntary admission or judicial | ||||||
| 11 | admission as provided in the Mental
Health and Developmental | ||||||
| 12 | Disabilities Code, as now or hereafter amended,
operates as an | ||||||
| 13 | automatic suspension. Such suspension will end only upon
a | ||||||
| 14 | finding by a court that the patient is no longer subject to | ||||||
| 15 | involuntary
admission or judicial admission and an order by the | ||||||
| 16 | court so finding and
discharging the patient. In any case where | ||||||
| 17 | a license is suspended under this provision, the licensee shall | ||||||
| 18 | file a petition for restoration and shall include evidence | ||||||
| 19 | acceptable to the Department that the licensee can resume | ||||||
| 20 | practice in compliance with acceptable and prevailing | ||||||
| 21 | standards of their profession.
| ||||||
| 22 | (c) The Department may refuse to issue or may suspend | ||||||
| 23 | without hearing, as provided for in the Code of Civil | ||||||
| 24 | Procedure,
the license of any person who fails to file a | ||||||
| 25 | return, to pay the tax, penalty,
or interest
shown in a filed | ||||||
| 26 | return, or to pay any final assessment of tax, penalty, or
| ||||||
| |||||||
| |||||||
| 1 | interest as
required by any tax Act administered by the | ||||||
| 2 | Illinois Department of Revenue, until such
time as
the | ||||||
| 3 | requirements of any such tax Act are satisfied in accordance | ||||||
| 4 | with subsection (a) of Section 2105-15 of the Department of | ||||||
| 5 | Professional Regulation Law of the Civil Administrative Code of | ||||||
| 6 | Illinois.
| ||||||
| 7 | (d) In enforcing this Section, the Department, upon a | ||||||
| 8 | showing of a possible violation, may compel any individual who | ||||||
| 9 | is licensed under this Act or any individual who has applied | ||||||
| 10 | for licensure to submit to a mental or physical examination or | ||||||
| 11 | evaluation, or both, which may include a substance abuse or | ||||||
| 12 | sexual offender evaluation, at the expense of the Department. | ||||||
| 13 | The Department shall specifically designate the examining | ||||||
| 14 | physician licensed to practice medicine in all of its branches | ||||||
| 15 | or, if applicable, the multidisciplinary team involved in | ||||||
| 16 | providing the mental or physical examination and evaluation. | ||||||
| 17 | The multidisciplinary team shall be led by a physician licensed | ||||||
| 18 | to practice medicine in all of its branches and may consist of | ||||||
| 19 | one or more or a combination of physicians licensed to practice | ||||||
| 20 | medicine in all of its branches, licensed chiropractic | ||||||
| 21 | physicians, licensed clinical psychologists, licensed clinical | ||||||
| 22 | social workers, licensed clinical professional counselors, and | ||||||
| 23 | other professional and administrative staff. Any examining | ||||||
| 24 | physician or member of the multidisciplinary team may require | ||||||
| 25 | any person ordered to submit to an examination and evaluation | ||||||
| 26 | pursuant to this Section to submit to any additional | ||||||
| |||||||
| |||||||
| 1 | supplemental testing deemed necessary to complete any | ||||||
| 2 | examination or evaluation process, including, but not limited | ||||||
| 3 | to, blood testing, urinalysis, psychological testing, or | ||||||
| 4 | neuropsychological testing. | ||||||
| 5 | The Department may order the examining physician or any | ||||||
| 6 | member of the multidisciplinary team to provide to the | ||||||
| 7 | Department any and all records, including business records, | ||||||
| 8 | that relate to the examination and evaluation, including any | ||||||
| 9 | supplemental testing performed. The Department may order the | ||||||
| 10 | examining physician or any member of the multidisciplinary team | ||||||
| 11 | to present testimony concerning this examination and | ||||||
| 12 | evaluation of the licensee or applicant, including testimony | ||||||
| 13 | concerning any supplemental testing or documents relating to | ||||||
| 14 | the examination and evaluation. No information, report, | ||||||
| 15 | record, or other documents in any way related to the | ||||||
| 16 | examination and evaluation shall be excluded by reason of any | ||||||
| 17 | common law or statutory privilege relating to communication | ||||||
| 18 | between the licensee or applicant and the examining physician | ||||||
| 19 | or any member of the multidisciplinary team. No authorization | ||||||
| 20 | is necessary from the licensee or applicant ordered to undergo | ||||||
| 21 | an evaluation and examination for the examining physician or | ||||||
| 22 | any member of the multidisciplinary team to provide | ||||||
| 23 | information, reports, records, or other documents or to provide | ||||||
| 24 | any testimony regarding the examination and evaluation. The | ||||||
| 25 | individual to be examined may have, at his or her own expense, | ||||||
| 26 | another physician of his or her choice present during all | ||||||
| |||||||
| |||||||
| 1 | aspects of the examination. | ||||||
| 2 | Failure of any individual to submit to mental or physical | ||||||
| 3 | examination or evaluation, or both, when directed, shall result | ||||||
| 4 | in an automatic suspension without hearing, until such time as | ||||||
| 5 | the individual submits to the examination. If the Department | ||||||
| 6 | finds a licensee unable to practice because of the reasons set | ||||||
| 7 | forth in this Section, the Department shall require the | ||||||
| 8 | licensee to submit to care, counseling, or treatment by | ||||||
| 9 | physicians approved or designated by the Department as a | ||||||
| 10 | condition for continued, reinstated, or renewed licensure. | ||||||
| 11 | When the Secretary immediately suspends a license under | ||||||
| 12 | this Section, a hearing upon such person's license must be | ||||||
| 13 | convened by the Department within 15 days after the suspension | ||||||
| 14 | and completed without appreciable delay. The Department shall | ||||||
| 15 | have the authority to review the licensee's record of treatment | ||||||
| 16 | and counseling regarding the impairment to the extent permitted | ||||||
| 17 | by applicable federal statutes and regulations safeguarding | ||||||
| 18 | the confidentiality of medical records. | ||||||
| 19 | Individuals licensed under this Act that are affected under | ||||||
| 20 | this Section, shall be afforded an opportunity to demonstrate | ||||||
| 21 | to the Department that they can resume practice in compliance | ||||||
| 22 | with acceptable and prevailing standards under the provisions | ||||||
| 23 | of their license.
| ||||||
| 24 | (e) The Department shall deny a license or renewal | ||||||
| 25 | authorized by this Act to a person who has defaulted on an | ||||||
| 26 | educational loan or scholarship provided or guaranteed by the | ||||||
| |||||||
| |||||||
| 1 | Illinois Student Assistance Commission or any governmental | ||||||
| 2 | agency of this State in accordance with paragraph (5) of | ||||||
| 3 | subsection (a) of Section 2105-15 of the Department of | ||||||
| 4 | Professional Regulation Law of the Civil Administrative Code of | ||||||
| 5 | Illinois. | ||||||
| 6 | (f) In cases where the Department of Healthcare and Family | ||||||
| 7 | Services has previously determined a licensee or a potential | ||||||
| 8 | licensee is more than 30 days delinquent in the payment of | ||||||
| 9 | child support and has subsequently certified the delinquency to | ||||||
| 10 | the Department, the Department may refuse to issue or renew or | ||||||
| 11 | may revoke or suspend that person's license or may take other | ||||||
| 12 | disciplinary action against that person based solely upon the | ||||||
| 13 | certification of delinquency made by the Department of | ||||||
| 14 | Healthcare and Family Services in accordance with paragraph (5) | ||||||
| 15 | of subsection (a) of Section 2105-15 of the Department of | ||||||
| 16 | Professional Regulation Law of the Civil Administrative Code of | ||||||
| 17 | Illinois. | ||||||
| 18 | (Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13; | ||||||
| 19 | revised 9-24-13.)
| ||||||
| 20 | (225 ILCS 75/21) (from Ch. 111, par. 3737)
| ||||||
| 21 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 22 | Sec. 21. Home rule. The regulation and licensing as an a | ||||||
| 23 | occupational therapist are exclusive powers and functions of | ||||||
| 24 | the State. A home rule unit may not regulate or license an | ||||||
| 25 | occupational therapist or the practice of occupational | ||||||
| |||||||
| |||||||
| 1 | therapy. This Section is a denial and limitation of home rule | ||||||
| 2 | powers and functions under subsection (h) of Section 6 of | ||||||
| 3 | Article VII of the Illinois Constitution.
| ||||||
| 4 | (Source: P.A. 98-264, eff. 12-31-13; revised 11-12-13.)
| ||||||
| 5 | Section 425. The Orthotics, Prosthetics, and Pedorthics | ||||||
| 6 | Practice Act is amended by changing Section 90 as follows:
| ||||||
| 7 | (225 ILCS 84/90)
| ||||||
| 8 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| 9 | Sec. 90. Grounds for discipline.
| ||||||
| 10 | (a) The Department may refuse to issue or renew a license, | ||||||
| 11 | or may revoke or
suspend a license, or may suspend, place on | ||||||
| 12 | probation, or reprimand a
licensee
or take other disciplinary | ||||||
| 13 | or non-disciplinary action as the Department may deem proper, | ||||||
| 14 | including, but not limited to, the imposition of fines not to | ||||||
| 15 | exceed $10,000 for each violation for one or any combination of | ||||||
| 16 | the following:
| ||||||
| 17 | (1) Making a material misstatement in furnishing | ||||||
| 18 | information to the
Department or the Board.
| ||||||
| 19 | (2) Violations of or negligent or intentional | ||||||
| 20 | disregard of this Act or
its rules.
| ||||||
| 21 | (3) Conviction of, or entry of a plea of guilty or nolo | ||||||
| 22 | contendere to any crime that is a felony under the laws of | ||||||
| 23 | the United States or any state or territory thereof or that | ||||||
| 24 | is a misdemeanor of which an essential element is | ||||||
| |||||||
| |||||||
| 1 | dishonesty, or any crime that is directly related to the | ||||||
| 2 | practice of the profession.
| ||||||
| 3 | (4) Making a misrepresentation for the purpose of | ||||||
| 4 | obtaining a
license.
| ||||||
| 5 | (5) A pattern of practice or other behavior that | ||||||
| 6 | demonstrates incapacity
or incompetence to practice under | ||||||
| 7 | this Act.
| ||||||
| 8 | (6) Gross negligence under this Act.
| ||||||
| 9 | (7) Aiding or assisting another person in violating a | ||||||
| 10 | provision of
this Act or its rules.
| ||||||
| 11 | (8) Failing to provide information within 60 days in | ||||||
| 12 | response to a
written request made by the Department.
| ||||||
| 13 | (9) Engaging in dishonorable, unethical, or | ||||||
| 14 | unprofessional conduct
or conduct of a character likely to | ||||||
| 15 | deceive, defraud, or harm the public.
| ||||||
| 16 | (10) Inability to practice with reasonable judgment, | ||||||
| 17 | skill, or safety as a result of habitual or excessive use | ||||||
| 18 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
| 19 | other chemical agent or drug.
| ||||||
| 20 | (11) Discipline by another state or territory of the | ||||||
| 21 | United States, the
federal government, or foreign nation, | ||||||
| 22 | if at least one of the grounds for the
discipline is the | ||||||
| 23 | same or substantially equivalent to one set forth in this
| ||||||
| 24 | Section.
| ||||||
| 25 | (12) Directly or indirectly giving to or receiving from | ||||||
| 26 | a person,
firm, corporation, partnership, or association a | ||||||
| |||||||
| |||||||
| 1 | fee, commission, rebate, or
other form of compensation for | ||||||
| 2 | professional services not actually or
personally rendered. | ||||||
| 3 | Nothing in this paragraph (12) affects any bona fide | ||||||
| 4 | independent contractor or employment arrangements among | ||||||
| 5 | health care professionals, health facilities, health care | ||||||
| 6 | providers, or other entities, except as otherwise | ||||||
| 7 | prohibited by law. Any employment arrangements may include | ||||||
| 8 | provisions for compensation, health insurance, pension, or | ||||||
| 9 | other employment benefits for the provision of services | ||||||
| 10 | within the scope of the licensee's practice under this Act. | ||||||
| 11 | Nothing in this paragraph (12) shall be construed to | ||||||
| 12 | require an employment arrangement to receive professional | ||||||
| 13 | fees for services rendered.
| ||||||
| 14 | (13) A finding by the Board that the licensee or | ||||||
| 15 | registrant, after
having his or her license placed on | ||||||
| 16 | probationary status, has violated the terms
of probation.
| ||||||
| 17 | (14) Abandonment of a patient or client.
| ||||||
| 18 | (15) Willfully making or filing false records or | ||||||
| 19 | reports in his or her
practice including, but not limited | ||||||
| 20 | to, false records filed with State agencies
or departments.
| ||||||
| 21 | (16) Willfully failing to report an instance of | ||||||
| 22 | suspected child abuse
or neglect as required by the Abused | ||||||
| 23 | and Neglected Child Reporting Act.
| ||||||
| 24 | (17) Inability to practice the profession with | ||||||
| 25 | reasonable judgment, skill, or safety as a result of a | ||||||
| 26 | physical illness, including, but not limited to, | ||||||
| |||||||
| |||||||
| 1 | deterioration through the aging process or loss of motor | ||||||
| 2 | skill, or a mental illness or disability.
| ||||||
| 3 | (18) Solicitation of professional services using false | ||||||
| 4 | or misleading
advertising.
| ||||||
| 5 | (b) In enforcing this Section, the Department or Board upon | ||||||
| 6 | a showing of a possible violation, may compel a licensee or | ||||||
| 7 | applicant to submit to a mental or physical examination, or | ||||||
| 8 | both, as required by and at the expense of the Department. The | ||||||
| 9 | Department or Board may order the examining physician to | ||||||
| 10 | present testimony concerning the mental or physical | ||||||
| 11 | examination of the licensee or applicant. No information shall | ||||||
| 12 | be excluded by reason of any common law or statutory privilege | ||||||
| 13 | relating to communications between the licensee or applicant | ||||||
| 14 | and the examining physician. The examining physicians shall be | ||||||
| 15 | specifically designated by the Board or Department. The | ||||||
| 16 | individual to be examined may have, at his or her own expense, | ||||||
| 17 | another physician of his or her choice present during all | ||||||
| 18 | aspects of this examination. Failure of an individual to submit | ||||||
| 19 | to a mental or physical examination, when directed, shall be | ||||||
| 20 | grounds for the immediate suspension of his or her license | ||||||
| 21 | until the individual submits to the examination if the | ||||||
| 22 | Department finds that the refusal to submit to the examination | ||||||
| 23 | was without reasonable cause as defined by rule. | ||||||
| 24 | In instances in which the Secretary immediately suspends a | ||||||
| 25 | person's license for his or her failure to submit to a mental | ||||||
| 26 | or physical examination, when directed, a hearing on that | ||||||
| |||||||
| |||||||
| 1 | person's license must be convened by the Department within 15 | ||||||
| 2 | days after the suspension and completed without appreciable | ||||||
| 3 | delay. | ||||||
| 4 | In instances in which the Secretary otherwise suspends a | ||||||
| 5 | person's license pursuant to the results of a compelled mental | ||||||
| 6 | or physical examination, a hearing on that person's license | ||||||
| 7 | must be convened by the Department within 15 days after the | ||||||
| 8 | suspension and completed without appreciable delay. The | ||||||
| 9 | Department and Board shall have the authority to review the | ||||||
| 10 | subject individual's record of treatment and counseling | ||||||
| 11 | regarding the impairment to the extent permitted by applicable | ||||||
| 12 | federal statutes and regulations safeguarding the | ||||||
| 13 | confidentiality of medical records. | ||||||
| 14 | An individual licensed under this Act and affected under | ||||||
| 15 | this Section shall be afforded an opportunity to demonstrate to | ||||||
| 16 | the Department or Board that he or she can resume practice in | ||||||
| 17 | compliance with acceptable and prevailing standards under the | ||||||
| 18 | provisions of his or her license.
| ||||||
| 19 | (c) The Department shall deny a license or renewal | ||||||
| 20 | authorized by this Act to a person who has defaulted on an | ||||||
| 21 | educational loan or scholarship provided or guaranteed by the | ||||||
| 22 | Illinois Student Assistance Commission or any governmental | ||||||
| 23 | agency of this State in accordance with subsection (a)(5) of | ||||||
| 24 | Section 2105-15 15 of the Department of Professional Regulation | ||||||
| 25 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
| 26 | 2105/2105-15).
| ||||||
| |||||||
| |||||||
| 1 | (d) In cases where the Department of Healthcare and Family | ||||||
| 2 | Services (formerly Department of Public Aid) has previously | ||||||
| 3 | determined that a licensee or a potential licensee is more than | ||||||
| 4 | 30 days delinquent in the payment of child support and has | ||||||
| 5 | subsequently certified the delinquency to the Department, the | ||||||
| 6 | Department may refuse to issue or renew or may revoke or | ||||||
| 7 | suspend that person's license or may take other disciplinary | ||||||
| 8 | action against that person based solely upon the certification | ||||||
| 9 | of delinquency made by the Department of Healthcare and Family | ||||||
| 10 | Services in accordance with subsection (a)(5) of Section | ||||||
| 11 | 2105-15 15 of the Department of Professional Regulation Law of | ||||||
| 12 | the Civil Administrative Code of Illinois (20 ILCS | ||||||
| 13 | 2105/2105-15). | ||||||
| 14 | (e) The Department may refuse to issue or renew a license, | ||||||
| 15 | or may revoke or suspend a license, for failure to file a | ||||||
| 16 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
| 17 | return, or to pay any final assessment of tax, penalty, or | ||||||
| 18 | interest as required by any tax Act administered by the | ||||||
| 19 | Department of Revenue, until such time as the requirements of | ||||||
| 20 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
| 21 | Section 2105-15 15 of the Department of Professional Regulation | ||||||
| 22 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
| 23 | 2105/2105-15). | ||||||
| 24 | (Source: P.A. 96-682, eff. 8-25-09; 96-1482, eff. 11-29-10; | ||||||
| 25 | revised 11-14-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 430. The Pharmacy Practice Act is amended by | ||||||
| 2 | changing Section 3 as follows:
| ||||||
| 3 | (225 ILCS 85/3)
| ||||||
| 4 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 5 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
| 6 | where otherwise
limited therein:
| ||||||
| 7 | (a) "Pharmacy" or "drugstore" means and includes every | ||||||
| 8 | store, shop,
pharmacy department, or other place where | ||||||
| 9 | pharmacist
care is
provided
by a pharmacist (1) where drugs, | ||||||
| 10 | medicines, or poisons are
dispensed, sold or
offered for sale | ||||||
| 11 | at retail, or displayed for sale at retail; or
(2)
where
| ||||||
| 12 | prescriptions of physicians, dentists, advanced practice | ||||||
| 13 | nurses, physician assistants, veterinarians, podiatric | ||||||
| 14 | physicians, or
optometrists, within the limits of their
| ||||||
| 15 | licenses, are
compounded, filled, or dispensed; or (3) which | ||||||
| 16 | has upon it or
displayed within
it, or affixed to or used in | ||||||
| 17 | connection with it, a sign bearing the word or
words | ||||||
| 18 | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", | ||||||
| 19 | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", | ||||||
| 20 | "Drugs", "Dispensary", "Medicines", or any word
or words of | ||||||
| 21 | similar or like import, either in the English language
or any | ||||||
| 22 | other language; or (4) where the characteristic prescription
| ||||||
| 23 | sign (Rx) or similar design is exhibited; or (5) any store, or
| ||||||
| 24 | shop,
or other place with respect to which any of the above | ||||||
| 25 | words, objects,
signs or designs are used in any advertisement.
| ||||||
| |||||||
| |||||||
| 1 | (b) "Drugs" means and includes (l) articles recognized
in | ||||||
| 2 | the official United States Pharmacopoeia/National Formulary | ||||||
| 3 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
| 4 | having for their
main use the diagnosis, cure, mitigation, | ||||||
| 5 | treatment or prevention of
disease in man or other animals, as | ||||||
| 6 | approved by the United States Food and
Drug Administration, but | ||||||
| 7 | does not include devices or their components, parts,
or | ||||||
| 8 | accessories; and (2) all other articles intended
for and having | ||||||
| 9 | for their main use the diagnosis, cure, mitigation,
treatment | ||||||
| 10 | or prevention of disease in man or other animals, as approved
| ||||||
| 11 | by the United States Food and Drug Administration, but does not | ||||||
| 12 | include
devices or their components, parts, or accessories; and | ||||||
| 13 | (3) articles
(other than food) having for their main use and | ||||||
| 14 | intended
to affect the structure or any function of the body of | ||||||
| 15 | man or other
animals; and (4) articles having for their main | ||||||
| 16 | use and intended
for use as a component or any articles | ||||||
| 17 | specified in clause (l), (2)
or (3); but does not include | ||||||
| 18 | devices or their components, parts or
accessories.
| ||||||
| 19 | (c) "Medicines" means and includes all drugs intended for
| ||||||
| 20 | human or veterinary use approved by the United States Food and | ||||||
| 21 | Drug
Administration.
| ||||||
| 22 | (d) "Practice of pharmacy" means (1) the interpretation and | ||||||
| 23 | the provision of assistance in the monitoring, evaluation, and | ||||||
| 24 | implementation of prescription drug orders; (2) the dispensing | ||||||
| 25 | of prescription drug orders; (3) participation in drug and | ||||||
| 26 | device selection; (4) drug administration limited to the | ||||||
| |||||||
| |||||||
| 1 | administration of oral, topical, injectable, and inhalation as | ||||||
| 2 | follows: in the context of patient education on the proper use | ||||||
| 3 | or delivery of medications; vaccination of patients 14 years of | ||||||
| 4 | age and older pursuant to a valid prescription or standing | ||||||
| 5 | order, by a physician licensed to practice medicine in all its | ||||||
| 6 | branches, upon completion of appropriate training, including | ||||||
| 7 | how to address contraindications and adverse reactions set | ||||||
| 8 | forth by rule, with notification to the patient's physician and | ||||||
| 9 | appropriate record retention, or pursuant to hospital pharmacy | ||||||
| 10 | and therapeutics committee policies and procedures; (5) | ||||||
| 11 | vaccination of patients ages 10 through 13 limited to the | ||||||
| 12 | Influenza (inactivated influenza vaccine and live attenuated | ||||||
| 13 | influenza intranasal vaccine) and Tdap (defined as tetanus, | ||||||
| 14 | diphtheria, acellular pertussis) vaccines, pursuant to a valid | ||||||
| 15 | prescription or standing order, by a physician licensed to | ||||||
| 16 | practice medicine in all its branches, upon completion of | ||||||
| 17 | appropriate training, including how to address | ||||||
| 18 | contraindications and adverse reactions set forth by rule, with | ||||||
| 19 | notification to the patient's physician and appropriate record | ||||||
| 20 | retention, or pursuant to hospital pharmacy and therapeutics | ||||||
| 21 | committee policies and procedures; (6) drug regimen review; (7) | ||||||
| 22 | drug or drug-related research; (8) the provision of patient | ||||||
| 23 | counseling; (9) the practice of telepharmacy; (10) the | ||||||
| 24 | provision of those acts or services necessary to provide | ||||||
| 25 | pharmacist care; (11) medication therapy management; and (12) | ||||||
| 26 | the responsibility for compounding and labeling of drugs and | ||||||
| |||||||
| |||||||
| 1 | devices (except labeling by a manufacturer, repackager, or | ||||||
| 2 | distributor of non-prescription drugs and commercially | ||||||
| 3 | packaged legend drugs and devices), proper and safe storage of | ||||||
| 4 | drugs and devices, and maintenance of required records. A | ||||||
| 5 | pharmacist who performs any of the acts defined as the practice | ||||||
| 6 | of pharmacy in this State must be actively licensed as a | ||||||
| 7 | pharmacist under this Act.
| ||||||
| 8 | (e) "Prescription" means and includes any written, oral, | ||||||
| 9 | facsimile, or
electronically transmitted order for drugs
or | ||||||
| 10 | medical devices, issued by a physician licensed to practice | ||||||
| 11 | medicine in
all its branches, dentist, veterinarian, or | ||||||
| 12 | podiatric physician, or
optometrist, within the
limits of their | ||||||
| 13 | licenses, by a physician assistant in accordance with
| ||||||
| 14 | subsection (f) of Section 4, or by an advanced practice nurse | ||||||
| 15 | in
accordance with subsection (g) of Section 4, containing the
| ||||||
| 16 | following: (l) name
of the patient; (2) date when prescription | ||||||
| 17 | was issued; (3) name
and strength of drug or description of the | ||||||
| 18 | medical device prescribed;
and (4) quantity; (5) directions for | ||||||
| 19 | use; (6) prescriber's name,
address,
and signature; and (7) DEA | ||||||
| 20 | number where required, for controlled
substances.
The | ||||||
| 21 | prescription may, but is not required to, list the illness, | ||||||
| 22 | disease, or condition for which the drug or device is being | ||||||
| 23 | prescribed. DEA numbers shall not be required on inpatient drug | ||||||
| 24 | orders.
| ||||||
| 25 | (f) "Person" means and includes a natural person, | ||||||
| 26 | copartnership,
association, corporation, government entity, or | ||||||
| |||||||
| |||||||
| 1 | any other legal
entity.
| ||||||
| 2 | (g) "Department" means the Department of Financial and
| ||||||
| 3 | Professional Regulation.
| ||||||
| 4 | (h) "Board of Pharmacy" or "Board" means the State Board
of | ||||||
| 5 | Pharmacy of the Department of Financial and Professional | ||||||
| 6 | Regulation.
| ||||||
| 7 | (i) "Secretary"
means the Secretary
of Financial and | ||||||
| 8 | Professional Regulation.
| ||||||
| 9 | (j) "Drug product selection" means the interchange for a
| ||||||
| 10 | prescribed pharmaceutical product in accordance with Section | ||||||
| 11 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
| 12 | Cosmetic Act.
| ||||||
| 13 | (k) "Inpatient drug order" means an order issued by an | ||||||
| 14 | authorized
prescriber for a resident or patient of a facility | ||||||
| 15 | licensed under the
Nursing Home Care Act, the ID/DD Community | ||||||
| 16 | Care Act, the Specialized Mental Health Rehabilitation Act of | ||||||
| 17 | 2013, or the Hospital Licensing Act, or "An Act in relation to
| ||||||
| 18 | the founding and operation of the University of Illinois | ||||||
| 19 | Hospital and the
conduct of University of Illinois health care | ||||||
| 20 | programs", approved July 3, 1931,
as amended, or a facility | ||||||
| 21 | which is operated by the Department of Human
Services (as | ||||||
| 22 | successor to the Department of Mental Health
and Developmental | ||||||
| 23 | Disabilities) or the Department of Corrections.
| ||||||
| 24 | (k-5) "Pharmacist" means an individual health care | ||||||
| 25 | professional and
provider currently licensed by this State to | ||||||
| 26 | engage in the practice of
pharmacy.
| ||||||
| |||||||
| |||||||
| 1 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
| 2 | whose name appears
on a pharmacy license and who is responsible | ||||||
| 3 | for all aspects of the
operation related to the practice of | ||||||
| 4 | pharmacy.
| ||||||
| 5 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
| 6 | evaluation, and implementation of a prescription drug order, | ||||||
| 7 | including the preparation and delivery of a drug or device to a | ||||||
| 8 | patient or patient's agent in a suitable container | ||||||
| 9 | appropriately labeled for subsequent administration to or use | ||||||
| 10 | by a patient in accordance with applicable State and federal | ||||||
| 11 | laws and regulations.
"Dispense" or "dispensing" does not mean | ||||||
| 12 | the physical delivery to a patient or a
patient's | ||||||
| 13 | representative in a home or institution by a designee of a | ||||||
| 14 | pharmacist
or by common carrier. "Dispense" or "dispensing" | ||||||
| 15 | also does not mean the physical delivery
of a drug or medical | ||||||
| 16 | device to a patient or patient's representative by a
| ||||||
| 17 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
| 18 | pharmacist is
on duty and the pharmacy is open.
| ||||||
| 19 | (n) "Nonresident pharmacy"
means a pharmacy that is located | ||||||
| 20 | in a state, commonwealth, or territory
of the United States, | ||||||
| 21 | other than Illinois, that delivers, dispenses, or
distributes, | ||||||
| 22 | through the United States Postal Service, commercially | ||||||
| 23 | acceptable parcel delivery service, or other common
carrier, to | ||||||
| 24 | Illinois residents, any substance which requires a | ||||||
| 25 | prescription.
| ||||||
| 26 | (o) "Compounding" means the preparation and mixing of | ||||||
| |||||||
| |||||||
| 1 | components, excluding flavorings, (1) as the result of a | ||||||
| 2 | prescriber's prescription drug order or initiative based on the | ||||||
| 3 | prescriber-patient-pharmacist relationship in the course of | ||||||
| 4 | professional practice or (2) for the purpose of, or incident | ||||||
| 5 | to, research, teaching, or chemical analysis and not for sale | ||||||
| 6 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
| 7 | or devices in anticipation of receiving prescription drug | ||||||
| 8 | orders based on routine, regularly observed dispensing | ||||||
| 9 | patterns. Commercially available products may be compounded | ||||||
| 10 | for dispensing to individual patients only if all of the | ||||||
| 11 | following conditions are met: (i) the commercial product is not | ||||||
| 12 | reasonably available from normal distribution channels in a | ||||||
| 13 | timely manner to meet the patient's needs and (ii) the | ||||||
| 14 | prescribing practitioner has requested that the drug be | ||||||
| 15 | compounded.
| ||||||
| 16 | (p) (Blank).
| ||||||
| 17 | (q) (Blank).
| ||||||
| 18 | (r) "Patient counseling" means the communication between a | ||||||
| 19 | pharmacist or a student pharmacist under the supervision of a | ||||||
| 20 | pharmacist and a patient or the patient's representative about | ||||||
| 21 | the patient's medication or device for the purpose of | ||||||
| 22 | optimizing proper use of prescription medications or devices. | ||||||
| 23 | "Patient counseling" may include without limitation (1) | ||||||
| 24 | obtaining a medication history; (2) acquiring a patient's | ||||||
| 25 | allergies and health conditions; (3) facilitation of the | ||||||
| 26 | patient's understanding of the intended use of the medication; | ||||||
| |||||||
| |||||||
| 1 | (4) proper directions for use; (5) significant potential | ||||||
| 2 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
| 3 | the need to be compliant with the medication therapy. A | ||||||
| 4 | pharmacy technician may only participate in the following | ||||||
| 5 | aspects of patient counseling under the supervision of a | ||||||
| 6 | pharmacist: (1) obtaining medication history; (2) providing | ||||||
| 7 | the offer for counseling by a pharmacist or student pharmacist; | ||||||
| 8 | and (3) acquiring a patient's allergies and health conditions.
| ||||||
| 9 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
| 10 | means the
obtaining, recording, and maintenance of patient | ||||||
| 11 | prescription
information, including prescriptions for | ||||||
| 12 | controlled substances, and
personal information.
| ||||||
| 13 | (t) (Blank).
| ||||||
| 14 | (u) "Medical device" means an instrument, apparatus, | ||||||
| 15 | implement, machine,
contrivance, implant, in vitro reagent, or | ||||||
| 16 | other similar or related article,
including any component part | ||||||
| 17 | or accessory, required under federal law to
bear the label | ||||||
| 18 | "Caution: Federal law requires dispensing by or on the order
of | ||||||
| 19 | a physician". A seller of goods and services who, only for the | ||||||
| 20 | purpose of
retail sales, compounds, sells, rents, or leases | ||||||
| 21 | medical devices shall not,
by reasons thereof, be required to | ||||||
| 22 | be a licensed pharmacy.
| ||||||
| 23 | (v) "Unique identifier" means an electronic signature, | ||||||
| 24 | handwritten
signature or initials, thumb print, or other | ||||||
| 25 | acceptable biometric
or electronic identification process as | ||||||
| 26 | approved by the Department.
| ||||||
| |||||||
| |||||||
| 1 | (w) "Current usual and customary retail price" means the | ||||||
| 2 | price that a pharmacy charges to a non-third-party payor.
| ||||||
| 3 | (x) "Automated pharmacy system" means a mechanical system | ||||||
| 4 | located within the confines of the pharmacy or remote location | ||||||
| 5 | that performs operations or activities, other than compounding | ||||||
| 6 | or administration, relative to storage, packaging, dispensing, | ||||||
| 7 | or distribution of medication, and which collects, controls, | ||||||
| 8 | and maintains all transaction information. | ||||||
| 9 | (y) "Drug regimen review" means and includes the evaluation | ||||||
| 10 | of prescription drug orders and patient records for (1)
known | ||||||
| 11 | allergies; (2) drug or potential therapy contraindications;
| ||||||
| 12 | (3) reasonable dose, duration of use, and route of | ||||||
| 13 | administration, taking into consideration factors such as age, | ||||||
| 14 | gender, and contraindications; (4) reasonable directions for | ||||||
| 15 | use; (5) potential or actual adverse drug reactions; (6) | ||||||
| 16 | drug-drug interactions; (7) drug-food interactions; (8) | ||||||
| 17 | drug-disease contraindications; (9) therapeutic duplication; | ||||||
| 18 | (10) patient laboratory values when authorized and available; | ||||||
| 19 | (11) proper utilization (including over or under utilization) | ||||||
| 20 | and optimum therapeutic outcomes; and (12) abuse and misuse.
| ||||||
| 21 | (z) "Electronic transmission prescription" means any | ||||||
| 22 | prescription order for which a facsimile or electronic image of | ||||||
| 23 | the order is electronically transmitted from a licensed | ||||||
| 24 | prescriber to a pharmacy. "Electronic transmission | ||||||
| 25 | prescription" includes both data and image prescriptions.
| ||||||
| 26 | (aa) "Medication therapy management services" means a | ||||||
| |||||||
| |||||||
| 1 | distinct service or group of services offered by licensed | ||||||
| 2 | pharmacists, physicians licensed to practice medicine in all | ||||||
| 3 | its branches, advanced practice nurses authorized in a written | ||||||
| 4 | agreement with a physician licensed to practice medicine in all | ||||||
| 5 | its branches, or physician assistants authorized in guidelines | ||||||
| 6 | by a supervising physician that optimize therapeutic outcomes | ||||||
| 7 | for individual patients through improved medication use. In a | ||||||
| 8 | retail or other non-hospital pharmacy, medication therapy | ||||||
| 9 | management services shall consist of the evaluation of | ||||||
| 10 | prescription drug orders and patient medication records to | ||||||
| 11 | resolve conflicts with the following: | ||||||
| 12 | (1) known allergies; | ||||||
| 13 | (2) drug or potential therapy contraindications; | ||||||
| 14 | (3) reasonable dose, duration of use, and route of | ||||||
| 15 | administration, taking into consideration factors such as | ||||||
| 16 | age, gender, and contraindications; | ||||||
| 17 | (4) reasonable directions for use; | ||||||
| 18 | (5) potential or actual adverse drug reactions; | ||||||
| 19 | (6) drug-drug interactions; | ||||||
| 20 | (7) drug-food interactions; | ||||||
| 21 | (8) drug-disease contraindications; | ||||||
| 22 | (9) identification of therapeutic duplication; | ||||||
| 23 | (10) patient laboratory values when authorized and | ||||||
| 24 | available; | ||||||
| 25 | (11) proper utilization (including over or under | ||||||
| 26 | utilization) and optimum therapeutic outcomes; and | ||||||
| |||||||
| |||||||
| 1 | (12) drug abuse and misuse. | ||||||
| 2 | "Medication therapy management services" includes the | ||||||
| 3 | following: | ||||||
| 4 | (1) documenting the services delivered and | ||||||
| 5 | communicating the information provided to patients' | ||||||
| 6 | prescribers within an appropriate time frame, not to exceed | ||||||
| 7 | 48 hours; | ||||||
| 8 | (2) providing patient counseling designed to enhance a | ||||||
| 9 | patient's understanding and the appropriate use of his or | ||||||
| 10 | her medications; and | ||||||
| 11 | (3) providing information, support services, and | ||||||
| 12 | resources designed to enhance a patient's adherence with | ||||||
| 13 | his or her prescribed therapeutic regimens. | ||||||
| 14 | "Medication therapy management services" may also include | ||||||
| 15 | patient care functions authorized by a physician licensed to | ||||||
| 16 | practice medicine in all its branches for his or her identified | ||||||
| 17 | patient or groups of patients under specified conditions or | ||||||
| 18 | limitations in a standing order from the physician. | ||||||
| 19 | "Medication therapy management services" in a licensed | ||||||
| 20 | hospital may also include the following: | ||||||
| 21 | (1) reviewing assessments of the patient's health | ||||||
| 22 | status; and | ||||||
| 23 | (2) following protocols of a hospital pharmacy and | ||||||
| 24 | therapeutics committee with respect to the fulfillment of | ||||||
| 25 | medication orders.
| ||||||
| 26 | (bb) "Pharmacist care" means the provision by a pharmacist | ||||||
| |||||||
| |||||||
| 1 | of medication therapy management services, with or without the | ||||||
| 2 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
| 3 | that improve patient health, quality of life, and comfort and | ||||||
| 4 | enhance patient safety.
| ||||||
| 5 | (cc) "Protected health information" means individually | ||||||
| 6 | identifiable health information that, except as otherwise | ||||||
| 7 | provided, is:
| ||||||
| 8 | (1) transmitted by electronic media; | ||||||
| 9 | (2) maintained in any medium set forth in the | ||||||
| 10 | definition of "electronic media" in the federal Health | ||||||
| 11 | Insurance Portability and Accountability Act; or | ||||||
| 12 | (3) transmitted or maintained in any other form or | ||||||
| 13 | medium. | ||||||
| 14 | "Protected health information" does not include | ||||||
| 15 | individually identifiable health information found in: | ||||||
| 16 | (1) education records covered by the federal Family | ||||||
| 17 | Educational Right and Privacy Act; or | ||||||
| 18 | (2) employment records held by a licensee in its role | ||||||
| 19 | as an employer. | ||||||
| 20 | (dd) "Standing order" means a specific order for a patient | ||||||
| 21 | or group of patients issued by a physician licensed to practice | ||||||
| 22 | medicine in all its branches in Illinois. | ||||||
| 23 | (ee) "Address of record" means the address recorded by the | ||||||
| 24 | Department in the applicant's or licensee's application file or | ||||||
| 25 | license file, as maintained by the Department's licensure | ||||||
| 26 | maintenance unit. | ||||||
| |||||||
| |||||||
| 1 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
| 2 | primary operations.
| ||||||
| 3 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
| 4 | eff. 7-13-12; 97-1043, eff. 8-21-12; 98-104, eff. 7-22-13; | ||||||
| 5 | 98-214, eff. 8-9-13; revised 9-24-13.)
| ||||||
| 6 | Section 435. The Boxing and Full-contact Martial Arts Act | ||||||
| 7 | is amended by changing Section 8 as follows:
| ||||||
| 8 | (225 ILCS 105/8) (from Ch. 111, par. 5008)
| ||||||
| 9 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 10 | Sec. 8. Permits.
| ||||||
| 11 | (a) A promoter who desires to obtain a permit to conduct a | ||||||
| 12 | professional or amateur
contest, or a combination of both, | ||||||
| 13 | shall apply to the Department at least 20 days prior to the
| ||||||
| 14 | event,
in writing, on forms furnished by the Department. The | ||||||
| 15 | application shall
be accompanied by the required fee and shall
| ||||||
| 16 | contain, but not be limited to, the following information to be | ||||||
| 17 | submitted at times specified by rule:
| ||||||
| 18 | (1) the legal names and addresses of the promoter;
| ||||||
| 19 | (2) the name of the matchmaker;
| ||||||
| 20 | (3) the time and exact location of the professional or | ||||||
| 21 | amateur
contest, or a combination of both. It is the | ||||||
| 22 | responsibility of the promoter to ensure that the building | ||||||
| 23 | to be used for the event complies with all laws, | ||||||
| 24 | ordinances, and regulations in the city, town, village, or | ||||||
| |||||||
| |||||||
| 1 | county where the contest is to be held;
| ||||||
| 2 | (4) proof of adequate security measures, as determined | ||||||
| 3 | by Department rule, to ensure the protection of the
safety | ||||||
| 4 | of contestants and the general public while attending | ||||||
| 5 | professional or amateur contests, or a combination of both;
| ||||||
| 6 | (5) proof of adequate medical supervision, as | ||||||
| 7 | determined by Department rule, to ensure the protection of | ||||||
| 8 | the health and safety of professionals' or amateurs' while | ||||||
| 9 | participating in the contest;
| ||||||
| 10 | (6) the names of the professionals or amateurs | ||||||
| 11 | competing subject to Department approval;
| ||||||
| 12 | (7) proof of insurance for not less than $50,000 as | ||||||
| 13 | further defined by rule for each professional or amateur
| ||||||
| 14 | participating in a professional or amateur
contest, or a | ||||||
| 15 | combination of both; insurance required under this | ||||||
| 16 | paragraph (7) (6) shall cover (i)
hospital, medication, | ||||||
| 17 | physician, and other such expenses as would
accrue in the | ||||||
| 18 | treatment of an injury as a result of the professional or | ||||||
| 19 | amateur contest; (ii) payment to the estate of the | ||||||
| 20 | professional or amateur in the event of
his or her death as | ||||||
| 21 | a result
of his or her participation in the professional or | ||||||
| 22 | amateur contest; and (iii) accidental death and | ||||||
| 23 | dismemberment; the terms of the insurance coverage must not | ||||||
| 24 | require the contestant to pay a deductible. The promoter | ||||||
| 25 | may not carry an insurance policy with a deductible in an | ||||||
| 26 | amount greater than $500 for the medical, surgical, or | ||||||
| |||||||
| |||||||
| 1 | hospital care for injuries a contestant sustains while | ||||||
| 2 | engaged in a contest, and if a licensed or registered | ||||||
| 3 | contestant pays for the medical, surgical, or hospital | ||||||
| 4 | care, the insurance proceeds must be paid to the contestant | ||||||
| 5 | or his or her beneficiaries as reimbursement for such | ||||||
| 6 | payment;
| ||||||
| 7 | (8) the amount of the purses to be paid to the | ||||||
| 8 | professionals for the event; the Department shall adopt | ||||||
| 9 | rules for payment of the purses;
| ||||||
| 10 | (9) organizational or internationally accepted rules, | ||||||
| 11 | per discipline, for professional or amateur full-contact | ||||||
| 12 | martial arts contests where the Department does not provide | ||||||
| 13 | the rules; | ||||||
| 14 | (10) proof of contract indicating the requisite | ||||||
| 15 | registration and sanctioning by a Department approved | ||||||
| 16 | sanctioning body for any full-contact martial arts contest | ||||||
| 17 | with scheduled amateur bouts; and | ||||||
| 18 | (11) any other information that the Department may | ||||||
| 19 | require to determine whether a permit shall be issued. | ||||||
| 20 | (b)
The Department may issue a permit to any promoter who | ||||||
| 21 | meets the requirements of
this Act
and the rules. The permit | ||||||
| 22 | shall only be issued for a specific date and location
of a | ||||||
| 23 | professional or amateur contest, or a combination of both, and
| ||||||
| 24 | shall not be transferable. The
Department may allow a promoter | ||||||
| 25 | to amend a permit
application to hold a professional or amateur | ||||||
| 26 | contest, or a combination of both, in a different
location | ||||||
| |||||||
| |||||||
| 1 | other than the
application specifies and may allow the promoter | ||||||
| 2 | to substitute professionals or amateurs, respectively.
| ||||||
| 3 | (c) The Department shall be responsible for assigning the | ||||||
| 4 | judges,
timekeepers, referees, and physicians, for a | ||||||
| 5 | professional contest. Compensation shall be determined by the | ||||||
| 6 | Department, and it
shall be the responsibility of the promoter | ||||||
| 7 | to pay the
individuals utilized.
| ||||||
| 8 | (Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11; | ||||||
| 9 | revised 11-14-13.)
| ||||||
| 10 | Section 440. The Sex Offender Evaluation and Treatment | ||||||
| 11 | Provider Act is amended by changing Sections 20 and 75 as | ||||||
| 12 | follows:
| ||||||
| 13 | (225 ILCS 109/20)
| ||||||
| 14 | Sec. 20. Sex Offender Evaluation and Treatment Provider | ||||||
| 15 | Licensing and Disciplinary Board.
| ||||||
| 16 | (a) There is established within the Department the Sex | ||||||
| 17 | Offender Evaluation and Treatment Licensing and Disciplinary | ||||||
| 18 | Board to be appointed by the Secretary. The Board shall be | ||||||
| 19 | composed of 8 persons who shall serve in an advisory capacity | ||||||
| 20 | to the Secretary. The Board shall elect a chairperson and a | ||||||
| 21 | vice chairperson. | ||||||
| 22 | (b) In appointing members of the Board, the Secretary shall | ||||||
| 23 | give due consideration to recommendations by members of the | ||||||
| 24 | profession of sex offender evaluation and treatment. | ||||||
| |||||||
| |||||||
| 1 | (c) Three members of the Board shall be sex offender | ||||||
| 2 | evaluation or treatment providers, or both, who have been in | ||||||
| 3 | active practice for at least 5 years immediately preceding | ||||||
| 4 | their appointment. The appointees shall be licensed under this | ||||||
| 5 | Act. | ||||||
| 6 | (d) One member shall represent the Department of | ||||||
| 7 | Corrections. | ||||||
| 8 | (e) One member shall represent the Department of Human | ||||||
| 9 | Services. | ||||||
| 10 | (f) One member shall represent the Administrative Office of | ||||||
| 11 | the Illinois Courts representing the interests of probation | ||||||
| 12 | services. | ||||||
| 13 | (g) One member shall represent the Sex Offender Management | ||||||
| 14 | Board. | ||||||
| 15 | (h) One member shall be representative of the general | ||||||
| 16 | public who has no direct affiliation or work experience with | ||||||
| 17 | the practice of sex offender evaluation and treatment and who | ||||||
| 18 | clearly represents represent consumer interests. | ||||||
| 19 | (i) Board members shall be appointed for a term of 4 years, | ||||||
| 20 | except that any person chosen to fill a vacancy shall be | ||||||
| 21 | appointed only for the unexpired term of the Board member whom | ||||||
| 22 | he or she shall succeed. Upon the expiration of his or her term | ||||||
| 23 | of office, a Board member shall continue to serve until a | ||||||
| 24 | successor is appointed and qualified. No member shall be | ||||||
| 25 | reappointed to the Board for a term that would cause continuous | ||||||
| 26 | service on the Board to be longer than 8 years. | ||||||
| |||||||
| |||||||
| 1 | (j) The membership of the Board shall reasonably reflect | ||||||
| 2 | representation from the various geographic areas of the State. | ||||||
| 3 | (k) A member of the Board shall be immune from suit in any | ||||||
| 4 | action based upon any disciplinary proceedings or other | ||||||
| 5 | activities performed in good faith as a member of the Board. | ||||||
| 6 | (l) The Secretary may remove a member of the Board for any | ||||||
| 7 | cause that, in the opinion of the Secretary, reasonably | ||||||
| 8 | justifies termination. | ||||||
| 9 | (m) The Secretary may consider the recommendations of the | ||||||
| 10 | Board on questions of standards of professional conduct, | ||||||
| 11 | discipline, and qualification of candidates or licensees under | ||||||
| 12 | this Act. | ||||||
| 13 | (n) The members of the Board shall be reimbursed for all | ||||||
| 14 | legitimate, necessary, and authorized expenses. | ||||||
| 15 | (o) A majority of the Board members currently appointed | ||||||
| 16 | shall constitute a quorum. A vacancy in the membership of the | ||||||
| 17 | Board shall not impair the right of a quorum to exercise all | ||||||
| 18 | the rights and perform all the duties of the Board.
| ||||||
| 19 | (Source: P.A. 97-1098, eff. 7-1-13; revised 11-14-13.)
| ||||||
| 20 | (225 ILCS 109/75)
| ||||||
| 21 | Sec. 75. Refusal, revocation, or suspension.
| ||||||
| 22 | (a) The Department may refuse to issue or renew, or may | ||||||
| 23 | revoke, suspend, place on probation, reprimand, or take other | ||||||
| 24 | disciplinary or nondisciplinary action, as the Department | ||||||
| 25 | considers appropriate, including the imposition of fines not to | ||||||
| |||||||
| |||||||
| 1 | exceed $10,000 for each violation, with regard to any license | ||||||
| 2 | or licensee for any one or more of the following:
| ||||||
| 3 | (1) violations of this Act or of the rules adopted | ||||||
| 4 | under this Act; | ||||||
| 5 | (2) discipline by the Department under other state law | ||||||
| 6 | and rules which the licensee is subject to; | ||||||
| 7 | (3) conviction by plea of guilty or nolo contendere, | ||||||
| 8 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 9 | sentencing for 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: (i) that | ||||||
| 13 | is a felony; or (ii) that is a misdemeanor, an essential | ||||||
| 14 | element of which is dishonesty, or that is directly related | ||||||
| 15 | to the practice of the profession; | ||||||
| 16 | (4) professional incompetence; | ||||||
| 17 | (5) advertising in a false, deceptive, or misleading | ||||||
| 18 | manner; | ||||||
| 19 | (6) aiding, abetting, assisting, procuring, advising, | ||||||
| 20 | employing, or contracting with any unlicensed person to | ||||||
| 21 | provide sex offender evaluation or treatment services | ||||||
| 22 | contrary to any rules or provisions of this Act; | ||||||
| 23 | (7) engaging in immoral conduct in the commission of | ||||||
| 24 | any act, such as sexual abuse, sexual misconduct, or sexual | ||||||
| 25 | exploitation, related to the licensee's practice; | ||||||
| 26 | (8) engaging in dishonorable, unethical, or | ||||||
| |||||||
| |||||||
| 1 | unprofessional conduct of a character likely to deceive, | ||||||
| 2 | defraud, or harm the public; | ||||||
| 3 | (9) practicing or offering to practice beyond the scope | ||||||
| 4 | permitted by law or accepting and performing professional | ||||||
| 5 | responsibilities which the licensee knows or has reason to | ||||||
| 6 | know that he or she is not competent to perform; | ||||||
| 7 | (10) knowingly delegating professional | ||||||
| 8 | responsibilities to a person unqualified by training, | ||||||
| 9 | experience, or licensure to perform; | ||||||
| 10 | (11) failing to provide information in response to a | ||||||
| 11 | written request made by the Department within 60 days; | ||||||
| 12 | (12) having a habitual or excessive use of or addiction | ||||||
| 13 | to alcohol, narcotics, stimulants, or any other chemical | ||||||
| 14 | agent or drug which results in the inability to practice | ||||||
| 15 | with reasonable judgment, skill, or safety; | ||||||
| 16 | (13) having a pattern of practice or other behavior | ||||||
| 17 | that demonstrates incapacity or incompetence to practice | ||||||
| 18 | under this Act; | ||||||
| 19 | (14) discipline by another state, District of | ||||||
| 20 | Columbia, territory, or foreign nation, if at least one of | ||||||
| 21 | the grounds for the discipline is the same or substantially | ||||||
| 22 | equivalent to those set forth in this Section; | ||||||
| 23 | (15) a finding by the Department that the licensee, | ||||||
| 24 | after having his or her license placed on probationary | ||||||
| 25 | status, has violated the terms of probation; | ||||||
| 26 | (16) willfully making or filing false records or | ||||||
| |||||||
| |||||||
| 1 | reports in his or her practice, including, but not limited | ||||||
| 2 | to, false records filed with State agencies or departments; | ||||||
| 3 | (17) making a material misstatement in furnishing | ||||||
| 4 | information to the Department or otherwise making | ||||||
| 5 | misleading, deceptive, untrue, or fraudulent | ||||||
| 6 | representations in violation of this Act or otherwise in | ||||||
| 7 | the practice of the profession; | ||||||
| 8 | (18) fraud or misrepresentation in applying for or | ||||||
| 9 | procuring a license under this Act or in connection with | ||||||
| 10 | applying for renewal of a license under this Act; | ||||||
| 11 | (19) inability to practice the profession with | ||||||
| 12 | reasonable judgment, skill, or safety as a result of | ||||||
| 13 | physical illness, including, but not limited to, | ||||||
| 14 | deterioration through the aging process, loss of motor | ||||||
| 15 | skill, or a mental illness or disability; | ||||||
| 16 | (20) charging for professional services not rendered, | ||||||
| 17 | including filing false statements for the collection of | ||||||
| 18 | fees for which services are not rendered; or | ||||||
| 19 | (21) practicing under a false or, except as provided by | ||||||
| 20 | law, an assumed name. | ||||||
| 21 | All fines shall be paid within 60 days of the effective | ||||||
| 22 | date of the order imposing the fine.
| ||||||
| 23 | (b) The Department may refuse to issue or may suspend the | ||||||
| 24 | license of any person who fails to file a tax return, to pay | ||||||
| 25 | the tax, penalty, or interest shown in a filed tax return, or | ||||||
| 26 | to pay any final assessment of tax, penalty, or interest, as | ||||||
| |||||||
| |||||||
| 1 | required by any tax Act administered by the Illinois Department | ||||||
| 2 | of Revenue, until such time as the requirements of the tax Act | ||||||
| 3 | are satisfied in accordance with subsection (g) of Section | ||||||
| 4 | 2105-15 of the Civil Administrative Code of Illinois. | ||||||
| 5 | (c) The Department shall deny a license or renewal | ||||||
| 6 | authorized by this Act to a person who has defaulted on an | ||||||
| 7 | educational loan or scholarship provided or guaranteed by the | ||||||
| 8 | Illinois Student Assistance Commission or any governmental | ||||||
| 9 | agency of this State in accordance with item (5) of subsection | ||||||
| 10 | (a) (g) of Section 2105-15 of the Civil Administrative Code of | ||||||
| 11 | Illinois. | ||||||
| 12 | (d) In cases where the Department of Healthcare and Family | ||||||
| 13 | Services has previously determined that a licensee or a | ||||||
| 14 | potential licensee is more than 30 days delinquent in the | ||||||
| 15 | payment of child support and has subsequently certified the | ||||||
| 16 | delinquency to the Department, the Department may refuse to | ||||||
| 17 | issue or renew or may revoke or suspend that person's license | ||||||
| 18 | or may take other disciplinary action against that person based | ||||||
| 19 | solely upon the certification of delinquency made by the | ||||||
| 20 | Department of Healthcare and Family Services in accordance with | ||||||
| 21 | item (5) of subsection (a) (g) of Section 2105-15 of the Civil | ||||||
| 22 | Administrative Code of Illinois. | ||||||
| 23 | (e) The determination by a circuit court that a licensee is | ||||||
| 24 | subject to involuntary admission or judicial admission, as | ||||||
| 25 | provided in the Mental Health and Developmental Disabilities | ||||||
| 26 | Code, operates as an automatic suspension. The suspension will | ||||||
| |||||||
| |||||||
| 1 | end only upon a finding by a court that the patient is no | ||||||
| 2 | longer subject to involuntary admission or judicial admission | ||||||
| 3 | and the issuance of a court order so finding and discharging | ||||||
| 4 | the patient. | ||||||
| 5 | (f) In enforcing this Act, the Department or Board, upon a | ||||||
| 6 | showing of a possible violation, may compel an individual | ||||||
| 7 | licensed to practice under this Act, or who has applied for | ||||||
| 8 | licensure under this Act, to submit to a mental or physical | ||||||
| 9 | examination, or both, as required by and at the expense of the | ||||||
| 10 | Department. The Department or Board may order the examining | ||||||
| 11 | physician to present testimony concerning the mental or | ||||||
| 12 | physical examination of the licensee or applicant. No | ||||||
| 13 | information shall be excluded by reason of any common law or | ||||||
| 14 | statutory privilege relating to communications between the | ||||||
| 15 | licensee or applicant and the examining physician. The | ||||||
| 16 | examining physician shall be specifically designated by the | ||||||
| 17 | Board or Department. The individual to be examined may have, at | ||||||
| 18 | his or her own expense, another physician of his or her choice | ||||||
| 19 | present during all aspects of this examination. The examination | ||||||
| 20 | shall be performed by a physician licensed to practice medicine | ||||||
| 21 | in all its branches. Failure of an individual to submit to a | ||||||
| 22 | mental or physical examination, when directed, shall result in | ||||||
| 23 | an automatic suspension without hearing.
| ||||||
| 24 | A person holding a license under this Act or who has | ||||||
| 25 | applied for a license under this Act who, because of a physical | ||||||
| 26 | or mental illness or disability, including, but not limited to, | ||||||
| |||||||
| |||||||
| 1 | deterioration through the aging process or loss of motor skill, | ||||||
| 2 | is unable to practice the profession with reasonable judgment, | ||||||
| 3 | skill, or safety, may be required by the Department to submit | ||||||
| 4 | to care, counseling, or treatment by physicians approved or | ||||||
| 5 | designated by the Department as a condition, term, or | ||||||
| 6 | restriction for continued, reinstated, or renewed licensure to | ||||||
| 7 | practice. Submission to care, counseling, or treatment as | ||||||
| 8 | required by the Department shall not be considered discipline | ||||||
| 9 | of a license. If the licensee refuses to enter into a care, | ||||||
| 10 | counseling, or treatment agreement or fails to abide by the | ||||||
| 11 | terms of the agreement, the Department may file a complaint to | ||||||
| 12 | revoke, suspend, or otherwise discipline the license of the | ||||||
| 13 | individual. The Secretary may order the license suspended | ||||||
| 14 | immediately, pending a hearing by the Department. Fines shall | ||||||
| 15 | not be assessed in disciplinary actions involving physical or | ||||||
| 16 | mental illness or impairment. | ||||||
| 17 | In instances in which the Secretary immediately suspends a | ||||||
| 18 | person's license under this Section, a hearing on that person's | ||||||
| 19 | license must be convened by the Department within 15 days after | ||||||
| 20 | the suspension and completed without appreciable delay. The | ||||||
| 21 | Department and Board shall have the authority to review the | ||||||
| 22 | subject individual's record of treatment and counseling | ||||||
| 23 | regarding the impairment to the extent permitted by applicable | ||||||
| 24 | federal statutes and regulations safeguarding the | ||||||
| 25 | confidentiality of medical records. | ||||||
| 26 | An individual licensed under this Act and subject to action | ||||||
| |||||||
| |||||||
| 1 | under this Section shall be afforded an opportunity to | ||||||
| 2 | demonstrate to the Department or Board that he or she can | ||||||
| 3 | resume practice in compliance with acceptable and prevailing | ||||||
| 4 | standards under the provisions of his or her license.
| ||||||
| 5 | (Source: P.A. 97-1098, eff. 7-1-13; revised 11-14-13.)
| ||||||
| 6 | Section 445. The Perfusionist Practice Act is amended by | ||||||
| 7 | changing Section 105 as follows:
| ||||||
| 8 | (225 ILCS 125/105)
| ||||||
| 9 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| 10 | Sec. 105. Disciplinary actions.
| ||||||
| 11 | (a) The Department may refuse to issue, renew, or restore a
| ||||||
| 12 | license, or may revoke or suspend a license, or may place on
| ||||||
| 13 | probation, reprimand, or take other disciplinary or | ||||||
| 14 | non-disciplinary
action with regard to a person licensed under | ||||||
| 15 | this Act,
including but not limited to the imposition of fines | ||||||
| 16 | not to
exceed $10,000 for each violation, for one or any | ||||||
| 17 | combination
of the following causes:
| ||||||
| 18 | (1) Making a material misstatement in furnishing
| ||||||
| 19 | information to the Department.
| ||||||
| 20 | (2) Violation of this Act or any rule promulgated under | ||||||
| 21 | this Act.
| ||||||
| 22 | (3) Conviction of, or entry of a plea of guilty or nolo | ||||||
| 23 | contendere to, any crime that is a felony under the laws of | ||||||
| 24 | the United States or any state or territory thereof, or any | ||||||
| |||||||
| |||||||
| 1 | crime
that is a
misdemeanor of which an essential element | ||||||
| 2 | is dishonesty,
or any crime that is directly related to the | ||||||
| 3 | practice as
a perfusionist.
| ||||||
| 4 | (4) Making a misrepresentation for the purpose of
| ||||||
| 5 | obtaining, renewing, or restoring a license.
| ||||||
| 6 | (5) Aiding or assisting another person in
violating a | ||||||
| 7 | provision of this Act or its rules.
| ||||||
| 8 | (6) Failing to provide information within 60 days
in | ||||||
| 9 | response to a written request made by the Department.
| ||||||
| 10 | (7) Engaging in dishonorable, unethical, or
| ||||||
| 11 | unprofessional conduct of a character likely to deceive,
| ||||||
| 12 | defraud, or harm the public, as defined by rule of the
| ||||||
| 13 | Department.
| ||||||
| 14 | (8) Discipline by another state, the District of | ||||||
| 15 | Columbia, or territory, or a foreign nation, if at least | ||||||
| 16 | one of the
grounds for discipline is the same or | ||||||
| 17 | substantially
equivalent to those set forth in this | ||||||
| 18 | Section.
| ||||||
| 19 | (9) Directly or indirectly giving to or receiving
from | ||||||
| 20 | a person, firm, corporation, partnership, or
association a | ||||||
| 21 | fee, commission, rebate, or other form of
compensation for | ||||||
| 22 | professional services not actually or
personally rendered. | ||||||
| 23 | Nothing in this paragraph (9) affects any bona fide | ||||||
| 24 | independent contractor or employment arrangements among | ||||||
| 25 | health care professionals, health facilities, health care | ||||||
| 26 | providers, or other entities, except as otherwise | ||||||
| |||||||
| |||||||
| 1 | prohibited by law. Any employment arrangements may include | ||||||
| 2 | provisions for compensation, health insurance, pension, or | ||||||
| 3 | other employment benefits for the provision of services | ||||||
| 4 | within the scope of the licensee's practice under this Act. | ||||||
| 5 | Nothing in this paragraph (9) shall be construed to require | ||||||
| 6 | an employment arrangement to receive professional fees for | ||||||
| 7 | services rendered.
| ||||||
| 8 | (10) A finding by the Board that the licensee, after
| ||||||
| 9 | having his or her license placed on probationary status,
| ||||||
| 10 | has violated the terms of probation.
| ||||||
| 11 | (11) Wilfully making or filing false records or
reports | ||||||
| 12 | in his or her practice, including but not limited
to false | ||||||
| 13 | records or reports filed with State agencies or | ||||||
| 14 | departments.
| ||||||
| 15 | (12) Wilfully making or signing a false statement,
| ||||||
| 16 | certificate, or affidavit to induce payment.
| ||||||
| 17 | (13) Wilfully failing to report an instance of
| ||||||
| 18 | suspected child abuse or neglect as required under the
| ||||||
| 19 | Abused and Neglected Child Reporting Act.
| ||||||
| 20 | (14) Being named as a perpetrator in an indicated
| ||||||
| 21 | report by the Department of Children and Family Services
| ||||||
| 22 | under the Abused and Neglected Child Reporting Act and
upon | ||||||
| 23 | proof by clear and convincing evidence that the
licensee | ||||||
| 24 | has caused a child to be an abused child or
neglected child | ||||||
| 25 | as defined in the Abused and Neglected
Child Reporting Act.
| ||||||
| 26 | (15) Employment of fraud, deception, or any
unlawful | ||||||
| |||||||
| |||||||
| 1 | means in applying for or securing a license as a
| ||||||
| 2 | perfusionist.
| ||||||
| 3 | (16) Allowing another person to use his or her
license | ||||||
| 4 | to practice.
| ||||||
| 5 | (17) Failure to report to the Department (A) any
| ||||||
| 6 | adverse final action taken against the licensee by
another | ||||||
| 7 | licensing jurisdiction,
government agency, law enforcement | ||||||
| 8 | agency, or
any court or (B) liability for conduct that | ||||||
| 9 | would
constitute grounds for action as set forth in this
| ||||||
| 10 | Section.
| ||||||
| 11 | (18) Inability to practice the profession with | ||||||
| 12 | reasonable judgment, skill or safety as a result of a | ||||||
| 13 | physical illness, including but not limited to | ||||||
| 14 | deterioration through the aging process or loss of motor | ||||||
| 15 | skill, or a mental illness or disability.
| ||||||
| 16 | (19) Inability to practice the
profession for which he | ||||||
| 17 | or she is licensed with
reasonable judgment, skill, or | ||||||
| 18 | safety as a result of habitual or excessive use or | ||||||
| 19 | addiction to alcohol, narcotics, stimulants, or any other | ||||||
| 20 | chemical agent or drug.
| ||||||
| 21 | (20) Gross malpractice.
| ||||||
| 22 | (21) Immoral conduct in the commission of an act | ||||||
| 23 | related to the licensee's
practice, including but not | ||||||
| 24 | limited to sexual abuse, sexual misconduct,
or sexual | ||||||
| 25 | exploitation.
| ||||||
| 26 | (22) Violation of
the Health Care Worker Self-Referral | ||||||
| |||||||
| |||||||
| 1 | Act.
| ||||||
| 2 | (23) Solicitation of business or professional | ||||||
| 3 | services, other than permitted advertising. | ||||||
| 4 | (24) Conviction of or cash compromise of a charge or | ||||||
| 5 | violation of the Illinois Controlled Substances Act. | ||||||
| 6 | (25) Gross, willful, or continued overcharging for | ||||||
| 7 | professional services, including filing false statements | ||||||
| 8 | for collection of fees for which services are not rendered. | ||||||
| 9 | (26) Practicing under a false name or, except as | ||||||
| 10 | allowed by law, an assumed name. | ||||||
| 11 | (27) Violating any provision of this Act or the rules | ||||||
| 12 | promulgated under this Act, including, but not limited to, | ||||||
| 13 | advertising. | ||||||
| 14 | (b) A licensee or applicant who, because of a physical or | ||||||
| 15 | mental illness or disability, including, but not limited to, | ||||||
| 16 | deterioration through the aging process or loss of motor skill, | ||||||
| 17 | is unable to practice the profession with reasonable judgment, | ||||||
| 18 | skill, or safety, may be required by the Department to submit | ||||||
| 19 | to care, counseling or treatment by physicians approved or | ||||||
| 20 | designated by the Department, as a condition, term, or | ||||||
| 21 | restriction for continued, reinstated, or renewed licensure to | ||||||
| 22 | practice. Submission to care, counseling or treatment as | ||||||
| 23 | required by the Department shall not be considered discipline | ||||||
| 24 | of the licensee. If the licensee refuses to enter into a care, | ||||||
| 25 | counseling or treatment agreement or fails to abide by the | ||||||
| 26 | terms of the agreement the Department may file a complaint to | ||||||
| |||||||
| |||||||
| 1 | suspend or revoke the license or otherwise discipline the | ||||||
| 2 | licensee. The Secretary may order the license suspended | ||||||
| 3 | immediately, pending a hearing by the Department. Fines shall | ||||||
| 4 | not be assessed in the disciplinary actions involving physical | ||||||
| 5 | or mental illness or impairment.
| ||||||
| 6 | (b-5) The Department may refuse to issue or may suspend, | ||||||
| 7 | without a hearing as provided for in the Civil Administrative | ||||||
| 8 | Code of Illinois, the license of a person who fails to file a | ||||||
| 9 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
| 10 | return, or to pay any final assessment of tax, penalty, or | ||||||
| 11 | interest as required by any tax Act administered by the | ||||||
| 12 | Department of Revenue, until such time as the requirements of | ||||||
| 13 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
| 14 | Section 2105-15 15 of the Department of Professional Regulation | ||||||
| 15 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
| 16 | 2105/2105-15). | ||||||
| 17 | (c) The determination by a circuit court that a licensee is | ||||||
| 18 | subject to involuntary admission or judicial admission as | ||||||
| 19 | provided in the Mental Health and Developmental Disabilities | ||||||
| 20 | Code, as amended, operates as an automatic suspension. The | ||||||
| 21 | suspension will end only upon a finding by a court that the | ||||||
| 22 | licensee is no longer subject to the involuntary admission or | ||||||
| 23 | judicial admission and issues an order so finding and | ||||||
| 24 | discharging the licensee; and upon the recommendation of the | ||||||
| 25 | Board to the Secretary that the licensee be allowed to resume | ||||||
| 26 | his or her practice. | ||||||
| |||||||
| |||||||
| 1 | (d) In enforcing this Section, the Department or Board, | ||||||
| 2 | upon a showing of a possible violation, may order a licensee or | ||||||
| 3 | applicant to submit to a mental or physical examination, or | ||||||
| 4 | both, at the expense of the Department. The Department or Board | ||||||
| 5 | may order the examining physician to present testimony | ||||||
| 6 | concerning his or her examination of the licensee or applicant. | ||||||
| 7 | No information shall be excluded by reason of any common law or | ||||||
| 8 | statutory privilege relating to communications between the | ||||||
| 9 | licensee or applicant and the examining physician. The | ||||||
| 10 | examining physicians shall be specifically designated by the | ||||||
| 11 | Board or Department. The licensee or applicant may have, at his | ||||||
| 12 | or her own expense, another physician of his or her choice | ||||||
| 13 | present during all aspects of the examination. Failure of a | ||||||
| 14 | licensee or applicant to submit to any such examination when | ||||||
| 15 | directed, without reasonable cause as defined by rule, shall be | ||||||
| 16 | grounds for either the immediate suspension of his or her | ||||||
| 17 | license or immediate denial of his or her application. | ||||||
| 18 | If the Secretary immediately suspends the license of a | ||||||
| 19 | licensee for his or her failure to submit to a mental or | ||||||
| 20 | physical examination when directed, a hearing must be convened | ||||||
| 21 | by the Department within 15 days after the suspension and | ||||||
| 22 | completed without appreciable delay. | ||||||
| 23 | If the Secretary otherwise suspends a license pursuant to | ||||||
| 24 | the results of the licensee's mental or physical examination, a | ||||||
| 25 | hearing must be convened by the Department within 15 days after | ||||||
| 26 | the suspension and completed without appreciable delay. The | ||||||
| |||||||
| |||||||
| 1 | Department and Board shall have the authority to review the | ||||||
| 2 | licensee's record of treatment and counseling regarding the | ||||||
| 3 | relevant impairment or impairments to the extent permitted by | ||||||
| 4 | applicable federal statutes and regulations safeguarding the | ||||||
| 5 | confidentiality of medical records. | ||||||
| 6 | Any licensee suspended or otherwise affected under this | ||||||
| 7 | subsection (d) shall be afforded an opportunity to demonstrate | ||||||
| 8 | to the Department or Board that he or she can resume practice | ||||||
| 9 | in compliance with the acceptable and prevailing standards | ||||||
| 10 | under the provisions of his or her license.
| ||||||
| 11 | (Source: P.A. 96-682, eff. 8-25-09; 96-1482, eff. 11-29-10; | ||||||
| 12 | revised 11-14-13.)
| ||||||
| 13 | Section 450. The Registered Surgical Assistant and | ||||||
| 14 | Registered Surgical
Technologist Title Protection Act is | ||||||
| 15 | amended by changing Section 10 as follows:
| ||||||
| 16 | (225 ILCS 130/10)
| ||||||
| 17 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 18 | Sec. 10. Definitions. As used in this Act:
| ||||||
| 19 | "Address of record" means the designated address recorded | ||||||
| 20 | by the Department in the applicant's or registrant's | ||||||
| 21 | application file or registration file as maintained by the | ||||||
| 22 | Department's licensure maintenance unit. It is the duty of the | ||||||
| 23 | applicant or registrant to inform the Department of any change | ||||||
| 24 | of address and those changes must be made either through the | ||||||
| |||||||
| |||||||
| 1 | Department's website or by contacting the Department. | ||||||
| 2 | "Department" means the Department of Financial and | ||||||
| 3 | Professional Regulation.
| ||||||
| 4 | "Direct supervision" means supervision by a licensed | ||||||
| 5 | physician, licensed
podiatric physician, or licensed dentist | ||||||
| 6 | who is
physically present and who personally directs delegated | ||||||
| 7 | acts and remains
available to personally respond to an | ||||||
| 8 | emergency until the patient
is released from the operating | ||||||
| 9 | room.
A registered professional nurse may
also
provide direct | ||||||
| 10 | supervision within the scope of his or her license. A
| ||||||
| 11 | registered surgical assistant or registered surgical | ||||||
| 12 | technologist shall perform
duties as assigned.
| ||||||
| 13 | "Physician" means a person licensed to practice
medicine in | ||||||
| 14 | all of
its branches under the Medical Practice Act of 1987.
| ||||||
| 15 | "Registered surgical assistant" means a person who (i) is | ||||||
| 16 | not
licensed to
practice
medicine in all of its branches, (ii) | ||||||
| 17 | is certified by the National Surgical
Assistant
Association as | ||||||
| 18 | a Certified Surgical Assistant, the National Board of Surgical | ||||||
| 19 | Technology and Surgical Assisting as a Certified Surgical First | ||||||
| 20 | Assistant, or
the American Board of Surgical Assistants as a | ||||||
| 21 | Surgical Assistant-Certified, (iii) performs duties under | ||||||
| 22 | direct
supervision, (iv) provides services only in a licensed | ||||||
| 23 | hospital, ambulatory
treatment center, or office of a physician | ||||||
| 24 | licensed to practice medicine in all
its branches, and (v) is | ||||||
| 25 | registered
under this Act.
| ||||||
| 26 | "Registered surgical technologist" means a person who (i) | ||||||
| |||||||
| |||||||
| 1 | is not
a physician licensed to
practice
medicine in all of its | ||||||
| 2 | branches, (ii) is certified by the National Board for Surgical | ||||||
| 3 | Technology and Surgical Assisting,
(iii) performs duties under | ||||||
| 4 | direct supervision, (iv) provides services only in
a licensed | ||||||
| 5 | hospital, ambulatory treatment center, or office of a physician
| ||||||
| 6 | licensed to practice medicine in all its branches, and (v) is | ||||||
| 7 | registered
under this Act.
| ||||||
| 8 | "Secretary" means the Secretary of Financial and | ||||||
| 9 | Professional Regulation. | ||||||
| 10 | (Source: P.A. 98-214, eff. 8-9-13; 98-364, eff. 12-31-13; | ||||||
| 11 | revised 9-24-13.)
| ||||||
| 12 | Section 455. The Illinois Architecture Practice Act of 1989 | ||||||
| 13 | is amended by changing Section 22 as follows:
| ||||||
| 14 | (225 ILCS 305/22) (from Ch. 111, par. 1322)
| ||||||
| 15 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| 16 | Sec. 22. Refusal, suspension and revocation of licenses; | ||||||
| 17 | Causes.
| ||||||
| 18 | (a) The Department may, singularly or in combination, | ||||||
| 19 | refuse to issue,
renew or restore, or may suspend,
revoke, | ||||||
| 20 | place on probation, or take other disciplinary or | ||||||
| 21 | non-disciplinary action as deemed appropriate, including, but | ||||||
| 22 | not limited to, the imposition of fines not to exceed $10,000 | ||||||
| 23 | for each violation, as the Department may deem proper, with | ||||||
| 24 | regard to a license for any one or combination of the following | ||||||
| |||||||
| |||||||
| 1 | causes:
| ||||||
| 2 | (1) material misstatement in furnishing information to | ||||||
| 3 | the Department;
| ||||||
| 4 | (2) negligence, incompetence or misconduct in the | ||||||
| 5 | practice of
architecture;
| ||||||
| 6 | (3) failure to comply with any of the provisions of | ||||||
| 7 | this Act or any of the
rules;
| ||||||
| 8 | (4) making any misrepresentation for the purpose of | ||||||
| 9 | obtaining licensure;
| ||||||
| 10 | (5) purposefully making false statements or signing | ||||||
| 11 | false statements,
certificates or affidavits to induce | ||||||
| 12 | payment;
| ||||||
| 13 | (6) conviction of or plea of guilty or nolo contendere | ||||||
| 14 | to any crime that is a felony under the laws of the United | ||||||
| 15 | States or any
state or territory thereof or that is a
| ||||||
| 16 | misdemeanor, an essential element of which is
dishonesty, | ||||||
| 17 | or any crime that is directly
related to the practice of | ||||||
| 18 | the profession of architecture;
| ||||||
| 19 | (7) aiding or assisting another person in violating any | ||||||
| 20 | provision of
this Act or its rules;
| ||||||
| 21 | (8) signing, affixing the architect's seal or | ||||||
| 22 | permitting the
architect's seal to be affixed to any | ||||||
| 23 | technical submission not prepared
by the architect or under | ||||||
| 24 | that architect's responsible control;
| ||||||
| 25 | (9) engaging in dishonorable, unethical or | ||||||
| 26 | unprofessional conduct of a
character likely to deceive, | ||||||
| |||||||
| |||||||
| 1 | defraud or harm the public;
| ||||||
| 2 | (10) habitual or excessive use or addiction to alcohol, | ||||||
| 3 | narcotics, stimulants, or any other chemical agent or drug | ||||||
| 4 | that results in the inability to practice with reasonable | ||||||
| 5 | judgment, skill, or safety;
| ||||||
| 6 | (11) making a statement of compliance pursuant to the | ||||||
| 7 | Environmental
Barriers Act that technical submissions | ||||||
| 8 | prepared by the architect or
prepared under the architect's | ||||||
| 9 | responsible control for
construction or alteration of an | ||||||
| 10 | occupancy required to be in compliance with
the | ||||||
| 11 | Environmental Barriers Act are in compliance with the | ||||||
| 12 | Environmental
Barriers Act when such technical submissions | ||||||
| 13 | are not in compliance;
| ||||||
| 14 | (12) a finding by the Board that an applicant or | ||||||
| 15 | registrant
has failed to pay a fine imposed by the | ||||||
| 16 | Department or a
registrant, whose license has been
placed | ||||||
| 17 | on probationary status, has violated the terms of | ||||||
| 18 | probation;
| ||||||
| 19 | (13) discipline by another state, territory, foreign | ||||||
| 20 | country, the
District of Columbia, the United States | ||||||
| 21 | government, or any other
governmental agency, if at least | ||||||
| 22 | one of the grounds for discipline is the
same or | ||||||
| 23 | substantially equivalent to those set forth herein;
| ||||||
| 24 | (14) failure to provide information in response to a | ||||||
| 25 | written request
made by the Department within 30 days after | ||||||
| 26 | the receipt of such written
request;
| ||||||
| |||||||
| |||||||
| 1 | (15) physical illness, including, but not limited to, | ||||||
| 2 | deterioration
through the aging process or loss of motor | ||||||
| 3 | skill, mental illness, or disability which results in the
| ||||||
| 4 | inability to practice the profession with reasonable | ||||||
| 5 | judgment, skill, and safety, including without limitation | ||||||
| 6 | deterioration through the aging process, mental illness, | ||||||
| 7 | or disability.
| ||||||
| 8 | (a-5) In enforcing this Section, the Department or Board, | ||||||
| 9 | upon a showing of a possible violation, may order a licensee or | ||||||
| 10 | applicant to submit to a mental or physical examination, or | ||||||
| 11 | both, at the expense of the Department. The Department or Board | ||||||
| 12 | may order the examining physician to present testimony | ||||||
| 13 | concerning his or her examination of the licensee or applicant. | ||||||
| 14 | No information shall be excluded by reason of any common law or | ||||||
| 15 | statutory privilege relating to communications between the | ||||||
| 16 | licensee or applicant and the examining physician. The | ||||||
| 17 | examining physicians shall be specifically designated by the | ||||||
| 18 | Board or Department. The licensee or applicant may have, at his | ||||||
| 19 | or her own expense, another physician of his or her choice | ||||||
| 20 | present during all aspects of the examination. Failure of a | ||||||
| 21 | licensee or applicant to submit to any such examination when | ||||||
| 22 | directed, without reasonable cause as defined by rule, shall be | ||||||
| 23 | grounds for either the immediate suspension of his or her | ||||||
| 24 | license or immediate denial of his or her application. | ||||||
| 25 | If the Secretary immediately suspends the license of a | ||||||
| 26 | licensee for his or her failure to submit to a mental or | ||||||
| |||||||
| |||||||
| 1 | physical examination when directed, a hearing must be convened | ||||||
| 2 | by the Department within 15 days after the suspension and | ||||||
| 3 | completed without appreciable delay. | ||||||
| 4 | If the Secretary otherwise suspends a license pursuant to | ||||||
| 5 | the results of the licensee's mental or physical examination, a | ||||||
| 6 | hearing must be convened by the Department within 15 days after | ||||||
| 7 | the suspension and completed without appreciable delay. The | ||||||
| 8 | Department and Board shall have the authority to review the | ||||||
| 9 | licensee's record of treatment and counseling regarding the | ||||||
| 10 | relevant impairment or impairments to the extent permitted by | ||||||
| 11 | applicable federal statutes and regulations safeguarding the | ||||||
| 12 | confidentiality of medical records. | ||||||
| 13 | Any licensee suspended under this subsection (a-5) shall be | ||||||
| 14 | afforded an opportunity to demonstrate to the Department or | ||||||
| 15 | Board that he or she can resume practice in compliance with the | ||||||
| 16 | acceptable and prevailing standards under the provisions of his | ||||||
| 17 | or her license.
| ||||||
| 18 | (b) The determination by a circuit court that a licensee is | ||||||
| 19 | subject to
involuntary admission or judicial admission, as | ||||||
| 20 | provided in the Mental
Health and Developmental Disabilities | ||||||
| 21 | Code, operates as an automatic
suspension. Such suspension will | ||||||
| 22 | end only upon a finding by a court that
the patient is no | ||||||
| 23 | longer subject to involuntary admission or judicial
admission, | ||||||
| 24 | the issuance of an order so finding and discharging the | ||||||
| 25 | patient, and
the recommendation of the Board to the Secretary | ||||||
| 26 | that the licensee be
allowed to resume practice.
| ||||||
| |||||||
| |||||||
| 1 | (c) The Department shall deny a license or renewal | ||||||
| 2 | authorized by this Act to a person who has defaulted on an | ||||||
| 3 | educational loan or scholarship provided or guaranteed by the | ||||||
| 4 | Illinois Student Assistance Commission or any governmental | ||||||
| 5 | agency of this State in accordance with subdivision (a)(5) of | ||||||
| 6 | Section 2105-15 15 of the Department of Professional Regulation | ||||||
| 7 | Law of the Civil Administrative Code of Illinois. | ||||||
| 8 | (d) In cases where the Department of Healthcare and Family | ||||||
| 9 | Services (formerly the Department of Public Aid) has previously | ||||||
| 10 | determined that a licensee or a potential licensee is more than | ||||||
| 11 | 30 days delinquent in the payment of child support and has | ||||||
| 12 | subsequently certified the delinquency to the Department, the | ||||||
| 13 | Department shall refuse to issue or renew or shall revoke or | ||||||
| 14 | suspend that person's license or shall take other disciplinary | ||||||
| 15 | action against that person based solely upon the certification | ||||||
| 16 | of delinquency made by the Department of Healthcare and Family | ||||||
| 17 | Services in accordance with subdivision (a)(5) of Section | ||||||
| 18 | 2105-15 15 of the Department of Professional Regulation Law of | ||||||
| 19 | the Civil Administrative Code of Illinois. | ||||||
| 20 | (e) The Department shall deny a license or renewal | ||||||
| 21 | authorized by this Act to a person who has failed to file a | ||||||
| 22 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
| 23 | return, or to pay any final assessment of tax, penalty, or | ||||||
| 24 | interest as required by any tax Act administered by the | ||||||
| 25 | Department of Revenue, until such time as the requirements of | ||||||
| 26 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
| |||||||
| |||||||
| 1 | Section 2105-15 15 of the Department of Professional Regulation | ||||||
| 2 | Law of the Civil Administrative Code of Illinois.
| ||||||
| 3 | (f) Persons who assist the Department as consultants or | ||||||
| 4 | expert witnesses in
the investigation or prosecution of alleged | ||||||
| 5 | violations of the Act,
licensure matters, restoration | ||||||
| 6 | proceedings, or criminal prosecutions, shall
not be liable for | ||||||
| 7 | damages in any civil action or proceeding as a result of
such | ||||||
| 8 | assistance, except upon proof of actual malice. The attorney | ||||||
| 9 | general
shall defend such persons in any such action or | ||||||
| 10 | proceeding.
| ||||||
| 11 | (Source: P.A. 96-610, eff. 8-24-09; revised 11-14-13.)
| ||||||
| 12 | Section 460. The Professional Engineering Practice Act of | ||||||
| 13 | 1989 is amended by changing Sections 24 and 46 as follows:
| ||||||
| 14 | (225 ILCS 325/24) (from Ch. 111, par. 5224)
| ||||||
| 15 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| 16 | Sec. 24. Rules of professional conduct; disciplinary or
| ||||||
| 17 | administrative
action. | ||||||
| 18 | (a) The Department shall adopt rules setting standards of | ||||||
| 19 | professional
conduct and establish appropriate penalties
| ||||||
| 20 | penalty for the breach of such rules.
| ||||||
| 21 | (a-1) The Department may, singularly or in combination,
| ||||||
| 22 | refuse to issue, renew, or restore a license or may revoke,
| ||||||
| 23 | suspend, place on probation,
reprimand,
or take other | ||||||
| 24 | disciplinary or non-disciplinary action with regard to a person | ||||||
| |||||||
| |||||||
| 1 | licensed under this Act, including but not limited to, the | ||||||
| 2 | imposition of a fine
not to exceed $10,000 per violation upon | ||||||
| 3 | any person, corporation,
partnership, or professional design | ||||||
| 4 | firm licensed or registered under
this Act, for any one or | ||||||
| 5 | combination of the following causes:
| ||||||
| 6 | (1) Material misstatement in furnishing information to | ||||||
| 7 | the
Department.
| ||||||
| 8 | (2) Violations of this Act or any of its
rules.
| ||||||
| 9 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
| 10 | contendere to any crime that is a felony under the laws of | ||||||
| 11 | the United States or
any state or territory thereof, or | ||||||
| 12 | that is a
misdemeanor, an essential element of which is | ||||||
| 13 | dishonesty,
or any crime that is directly related to the | ||||||
| 14 | practice of engineering.
| ||||||
| 15 | (4) Making any misrepresentation for the purpose of | ||||||
| 16 | obtaining, renewing, or restoring a license
or violating | ||||||
| 17 | any provision of this Act or the rules promulgated under | ||||||
| 18 | this Act pertaining to advertising.
| ||||||
| 19 | (5) Willfully making or signing a false statement, | ||||||
| 20 | certificate, or affidavit to induce payment.
| ||||||
| 21 | (6) Negligence, incompetence or misconduct in the | ||||||
| 22 | practice of professional
engineering as a licensed | ||||||
| 23 | professional engineer or in working as an engineer
intern.
| ||||||
| 24 | (7) Aiding or assisting another person in violating any | ||||||
| 25 | provision of
this Act or its rules.
| ||||||
| 26 | (8) Failing to provide information in response to a | ||||||
| |||||||
| |||||||
| 1 | written request
made by the Department within 30 days after | ||||||
| 2 | receipt of such written
request.
| ||||||
| 3 | (9) Engaging in dishonorable, unethical or | ||||||
| 4 | unprofessional conduct of a
character likely to deceive, | ||||||
| 5 | defraud or harm the public.
| ||||||
| 6 | (10) Inability to practice the profession with | ||||||
| 7 | reasonable judgment, skill, or safety as a result of a | ||||||
| 8 | physical illness, including, but not limited to, | ||||||
| 9 | deterioration through the aging process or loss of motor | ||||||
| 10 | skill, or mental illness or disability.
| ||||||
| 11 | (11) Discipline by the United States Government, | ||||||
| 12 | another state,
District of Columbia, territory, foreign | ||||||
| 13 | nation or government agency, if
at least one of the grounds | ||||||
| 14 | for the discipline is the same or
substantially equivalent | ||||||
| 15 | to those set forth in this Act.
| ||||||
| 16 | (12) Directly or indirectly giving to or receiving from | ||||||
| 17 | any person,
firm, corporation, partnership or association | ||||||
| 18 | any fee, commission,
rebate or other form of compensation | ||||||
| 19 | for any professional services not
actually or personally | ||||||
| 20 | rendered.
| ||||||
| 21 | (13) A finding by the Department that
an applicant or | ||||||
| 22 | registrant has failed to pay a fine imposed
by the | ||||||
| 23 | Department, a registrant
whose license has been
placed on | ||||||
| 24 | probationary status has violated the terms of probation, or | ||||||
| 25 | a
registrant has practiced on an expired, inactive, | ||||||
| 26 | suspended, or
revoked license.
| ||||||
| |||||||
| |||||||
| 1 | (14) Signing, affixing the professional engineer's | ||||||
| 2 | seal or permitting
the professional engineer's seal to be | ||||||
| 3 | affixed to any technical
submissions not prepared as | ||||||
| 4 | required by Section 14 or completely reviewed by
the | ||||||
| 5 | professional engineer or under the professional engineer's | ||||||
| 6 | direct
supervision.
| ||||||
| 7 | (15) Inability to practice the profession with | ||||||
| 8 | reasonable judgment, skill or
safety as a result of | ||||||
| 9 | habitual or excessive use or addiction to alcohol, | ||||||
| 10 | narcotics, stimulants, or any other chemical agent or drug.
| ||||||
| 11 | (16) The making of a statement pursuant to the | ||||||
| 12 | Environmental Barriers
Act that a plan for construction or | ||||||
| 13 | alteration of a public facility or
for construction of a | ||||||
| 14 | multi-story housing unit is in compliance with the
| ||||||
| 15 | Environmental Barriers Act when such plan is not in | ||||||
| 16 | compliance.
| ||||||
| 17 | (17) (Blank).
| ||||||
| 18 | (a-2) The Department shall deny a license or renewal | ||||||
| 19 | authorized by this Act to a person who has failed to file a | ||||||
| 20 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
| 21 | return, or to pay any final assessment of tax, penalty, or | ||||||
| 22 | interest as required by any tax Act administered by the | ||||||
| 23 | Department of Revenue, until such time as the requirements of | ||||||
| 24 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
| 25 | Section 2105-15 15 of the Department of Professional Regulation | ||||||
| 26 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
| |||||||
| |||||||
| 1 | 2105/2105-15). | ||||||
| 2 | (a-3) The Department shall deny a license or renewal | ||||||
| 3 | authorized by this Act to a person who has defaulted on an | ||||||
| 4 | educational loan or scholarship provided or guaranteed by the | ||||||
| 5 | Illinois Student Assistance Commission or any governmental | ||||||
| 6 | agency of this State in accordance with subdivision (a)(5) of | ||||||
| 7 | Section 2105-15 15 of the Department of Professional Regulation | ||||||
| 8 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
| 9 | 2105/2105-15). | ||||||
| 10 | (a-4) In cases where the Department of Healthcare and | ||||||
| 11 | Family Services (formerly the Department of Public Aid) has | ||||||
| 12 | previously determined that a licensee or a potential licensee | ||||||
| 13 | is more than 30 days delinquent in the payment of child support | ||||||
| 14 | and has subsequently certified the delinquency to the | ||||||
| 15 | Department, the Department shall refuse to issue or renew or | ||||||
| 16 | shall revoke or suspend that person's license or shall take | ||||||
| 17 | other disciplinary action against that person based solely upon | ||||||
| 18 | the certification of delinquency made by the Department of | ||||||
| 19 | Healthcare and Family Services in accordance with subdivision | ||||||
| 20 | (a)(5) of Section 2105-15 15 of the Department of Professional | ||||||
| 21 | Regulation Law of the Civil Administrative Code of Illinois (20 | ||||||
| 22 | ILCS 2105/2105-15). | ||||||
| 23 | (a-5) In enforcing this Section, the Department or Board, | ||||||
| 24 | upon a showing of a possible violation, may order a licensee or | ||||||
| 25 | applicant to submit to a mental or physical examination, or | ||||||
| 26 | both, at the expense of the Department. The Department or Board | ||||||
| |||||||
| |||||||
| 1 | may order the examining physician to present testimony | ||||||
| 2 | concerning his or her examination of the licensee or applicant. | ||||||
| 3 | No information shall be excluded by reason of any common law or | ||||||
| 4 | statutory privilege relating to communications between the | ||||||
| 5 | licensee or applicant and the examining physician. The | ||||||
| 6 | examining physicians shall be specifically designated by the | ||||||
| 7 | Board or Department. The licensee or applicant may have, at his | ||||||
| 8 | or her own expense, another physician of his or her choice | ||||||
| 9 | present during all aspects of the examination. Failure of a | ||||||
| 10 | licensee or applicant to submit to any such examination when | ||||||
| 11 | directed, without reasonable cause as defined by rule, shall be | ||||||
| 12 | grounds for either the immediate suspension of his or her | ||||||
| 13 | license or immediate denial of his or her application. | ||||||
| 14 | If the Secretary immediately suspends the license of a | ||||||
| 15 | licensee for his or her failure to submit to a mental or | ||||||
| 16 | physical examination when directed, a hearing must be convened | ||||||
| 17 | by the Department within 15 days after the suspension and | ||||||
| 18 | completed without appreciable delay. | ||||||
| 19 | If the Secretary otherwise suspends a license pursuant to | ||||||
| 20 | the results of the licensee's mental or physical examination, a | ||||||
| 21 | hearing must be convened by the Department within 15 days after | ||||||
| 22 | the suspension and completed without appreciable delay. The | ||||||
| 23 | Department and Board shall have the authority to review the | ||||||
| 24 | licensee's record of treatment and counseling regarding the | ||||||
| 25 | relevant impairment or impairments to the extent permitted by | ||||||
| 26 | applicable federal statutes and regulations safeguarding the | ||||||
| |||||||
| |||||||
| 1 | confidentiality of medical records. | ||||||
| 2 | Any licensee suspended under this subsection (a-5) shall be | ||||||
| 3 | afforded an opportunity to demonstrate to the Department or | ||||||
| 4 | Board that he or she can resume practice in compliance with the | ||||||
| 5 | acceptable and prevailing standards under the provisions of his | ||||||
| 6 | or her license.
| ||||||
| 7 | (b) The determination by a circuit court that a registrant | ||||||
| 8 | is subject
to involuntary admission or judicial admission as | ||||||
| 9 | provided in the Mental
Health and Developmental Disabilities | ||||||
| 10 | Code, as now or hereafter amended,
operates as an automatic | ||||||
| 11 | suspension. Such suspension will end only upon
a finding by a | ||||||
| 12 | court that the patient is no longer subject to
involuntary | ||||||
| 13 | admission or judicial admission, the issuance of an order
so | ||||||
| 14 | finding and discharging the patient, and the recommendation of | ||||||
| 15 | the Board to
the Director that the registrant be allowed to | ||||||
| 16 | resume practice.
| ||||||
| 17 | (Source: P.A. 96-626, eff. 8-24-09; revised 11-13-13.)
| ||||||
| 18 | (225 ILCS 325/46) (from Ch. 111, par. 5246)
| ||||||
| 19 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| 20 | Sec. 46. Home rule. The regulation and licensing of | ||||||
| 21 | professional
engineers is an exclusive power and function of | ||||||
| 22 | the State. Pursuant to
subsection (h) of Section 6 of Article | ||||||
| 23 | VII 7 of the Illinois Constitution, a
home rule unit may not | ||||||
| 24 | regulate or license the occupation of
professional engineer. | ||||||
| 25 | This section is a denial and limitation of home
rule powers and | ||||||
| |||||||
| |||||||
| 1 | functions.
| ||||||
| 2 | (Source: P.A. 86-667; revised 11-12-13.)
| ||||||
| 3 | Section 465. The Illinois Professional Land Surveyor Act of | ||||||
| 4 | 1989 is amended by changing Sections 27 and 47 as follows:
| ||||||
| 5 | (225 ILCS 330/27) (from Ch. 111, par. 3277)
| ||||||
| 6 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| 7 | Sec. 27. Grounds for disciplinary action.
| ||||||
| 8 | (a) The Department may refuse to
issue or renew a license,
| ||||||
| 9 | or may place on probation or administrative supervision, | ||||||
| 10 | suspend, or revoke any license, or may reprimand or take any | ||||||
| 11 | disciplinary or non-disciplinary action as the Department may | ||||||
| 12 | deem proper, including the imposition of fines not to
exceed | ||||||
| 13 | $10,000 per violation, upon any person, corporation, | ||||||
| 14 | partnership, or professional land
surveying firm licensed or | ||||||
| 15 | registered under this Act for any
of the following reasons:
| ||||||
| 16 | (1) material misstatement in furnishing information to | ||||||
| 17 | the Department;
| ||||||
| 18 | (2) violation, including, but not limited to, neglect | ||||||
| 19 | or intentional
disregard, of this Act, or its rules;
| ||||||
| 20 | (3) conviction of, or entry of a plea of guilty or nolo | ||||||
| 21 | contendere to, any crime that is a felony under the laws of | ||||||
| 22 | the United States or any state or territory thereof or that | ||||||
| 23 | is a misdemeanor of which an essential element is | ||||||
| 24 | dishonesty, or any crime that is directly related to the | ||||||
| |||||||
| |||||||
| 1 | practice of the profession;
| ||||||
| 2 | (4) making any misrepresentation for the purpose of | ||||||
| 3 | obtaining a license,
or in applying for restoration or | ||||||
| 4 | renewal, or the practice of any fraud or
deceit in taking | ||||||
| 5 | any examination to qualify for licensure under this Act;
| ||||||
| 6 | (5) purposefully making false statements or signing | ||||||
| 7 | false statements,
certificates, or affidavits to induce | ||||||
| 8 | payment;
| ||||||
| 9 | (6) proof of carelessness, incompetence, negligence, | ||||||
| 10 | or misconduct in
practicing land surveying;
| ||||||
| 11 | (7) aiding or assisting another person in violating any | ||||||
| 12 | provision of
this Act or its rules;
| ||||||
| 13 | (8) failing to provide information in response to a | ||||||
| 14 | written request made
by the Department within 30 days after | ||||||
| 15 | receipt of such written request;
| ||||||
| 16 | (9) engaging in dishonorable, unethical, or | ||||||
| 17 | unprofessional conduct of a
character likely to deceive, | ||||||
| 18 | defraud, or harm the public;
| ||||||
| 19 | (10) inability to practice with reasonable judgment, | ||||||
| 20 | skill, or safety as a result of habitual or excessive use | ||||||
| 21 | of, or addiction to, alcohol, narcotics, stimulants or any | ||||||
| 22 | other chemical agent or drug;
| ||||||
| 23 | (11) discipline by the United States government, | ||||||
| 24 | another state, District
of Columbia, territory, foreign | ||||||
| 25 | nation or government agency if at least
one of the grounds | ||||||
| 26 | for the discipline is the same or substantially
equivalent | ||||||
| |||||||
| |||||||
| 1 | to those set forth in this Act;
| ||||||
| 2 | (12) directly or indirectly giving to or receiving from | ||||||
| 3 | any person,
firm, corporation, partnership, or association | ||||||
| 4 | any fee, commission, rebate,
or other form of compensation | ||||||
| 5 | for any professional services not actually or
personally | ||||||
| 6 | rendered;
| ||||||
| 7 | (12.5) issuing a map or plat of survey where the fee | ||||||
| 8 | for professional
services is contingent on a real estate | ||||||
| 9 | transaction closing;
| ||||||
| 10 | (13) a finding by the Department that an applicant or | ||||||
| 11 | licensee has failed to
pay
a fine imposed by the Department | ||||||
| 12 | or a licensee whose license has been
placed on probationary | ||||||
| 13 | status has violated the terms of probation;
| ||||||
| 14 | (14) practicing on an expired, inactive, suspended, or | ||||||
| 15 | revoked license;
| ||||||
| 16 | (15) signing, affixing the Professional Land | ||||||
| 17 | Surveyor's seal or
permitting the Professional Land | ||||||
| 18 | Surveyor's seal to be affixed to any map
or plat of survey | ||||||
| 19 | not prepared by the Professional
Land Surveyor or under the | ||||||
| 20 | Professional Land Surveyor's direct supervision and
| ||||||
| 21 | control;
| ||||||
| 22 | (16)
inability to practice the profession with | ||||||
| 23 | reasonable judgment, skill, or
safety as a result of | ||||||
| 24 | physical illness, including, but not limited to, | ||||||
| 25 | deterioration through the aging process or loss of motor | ||||||
| 26 | skill or a mental illness or disability;
| ||||||
| |||||||
| |||||||
| 1 | (17) (blank); or
| ||||||
| 2 | (18) failure to adequately supervise or control land | ||||||
| 3 | surveying
operations being performed by subordinates.
| ||||||
| 4 | (a-5) In enforcing this Section, the Department or Board, | ||||||
| 5 | upon a showing of a possible violation, may compel a person | ||||||
| 6 | licensed to practice under this Act, or who has applied for | ||||||
| 7 | licensure or certification pursuant to this Act, to submit to a | ||||||
| 8 | mental or physical examination, or both, as required by and at | ||||||
| 9 | the expense of the Department. The Department or Board may | ||||||
| 10 | order the examining physician to present testimony concerning | ||||||
| 11 | the mental or physical examination of the licensee or | ||||||
| 12 | applicant. No information shall be excluded by reason of any | ||||||
| 13 | common law or statutory privilege relating to communications | ||||||
| 14 | between the licensee or applicant and the examining physician. | ||||||
| 15 | The examining physicians shall be specifically designated by | ||||||
| 16 | the Board or Department. The individual to be examined may | ||||||
| 17 | have, at his or her own expense, another physician of his or | ||||||
| 18 | her choice present during all aspects of the examination. | ||||||
| 19 | Failure of an individual to submit to a mental or physical | ||||||
| 20 | examination when directed shall be grounds for the immediate | ||||||
| 21 | suspension of his or her license until the individual submits | ||||||
| 22 | to the examination if the Department finds that the refusal to | ||||||
| 23 | submit to the examination was without reasonable cause as | ||||||
| 24 | defined by rule. | ||||||
| 25 | If the Secretary immediately suspends the license of a | ||||||
| 26 | licensee for his or her failure to submit to a mental or | ||||||
| |||||||
| |||||||
| 1 | physical examination when directed, a hearing must be convened | ||||||
| 2 | by the Department within 15 days after the suspension and | ||||||
| 3 | completed without appreciable delay. | ||||||
| 4 | If the Secretary otherwise suspends a person's license | ||||||
| 5 | pursuant to the results of a compelled mental or physical | ||||||
| 6 | examination, a hearing on that person's license must be | ||||||
| 7 | convened by the Department within 15 days after the suspension | ||||||
| 8 | and completed without appreciable delay. The Department and | ||||||
| 9 | Board shall have the authority to review the subject | ||||||
| 10 | individual's record of treatment and counseling regarding | ||||||
| 11 | impairment to the extent permitted by applicable federal | ||||||
| 12 | statutes and regulations safeguarding the confidentiality of | ||||||
| 13 | medical records. | ||||||
| 14 | Any licensee suspended under this subsection (a-5) shall be | ||||||
| 15 | afforded an opportunity to demonstrate to the Department or | ||||||
| 16 | Board that he or she can resume practice in compliance with the | ||||||
| 17 | acceptable and prevailing standards under the provisions of his | ||||||
| 18 | or her license.
| ||||||
| 19 | (b) The determination by a circuit court that a licensee is | ||||||
| 20 | subject to
involuntary admission or judicial admission as | ||||||
| 21 | provided in the Mental
Health and Developmental Disabilities | ||||||
| 22 | Code, as
now or hereafter amended, operates as an automatic | ||||||
| 23 | license suspension. Such
suspension will end only upon a | ||||||
| 24 | finding by a court that the patient is no
longer subject to | ||||||
| 25 | involuntary admission or judicial admission and the
issuance of | ||||||
| 26 | an order so finding and discharging the patient and upon the
| ||||||
| |||||||
| |||||||
| 1 | recommendation of the Board to the Director that the licensee | ||||||
| 2 | be allowed to
resume his or her practice.
| ||||||
| 3 | (c) The Department shall deny a license or renewal | ||||||
| 4 | authorized by this Act to a person who has defaulted on an | ||||||
| 5 | educational loan or scholarship provided or guaranteed by the | ||||||
| 6 | Illinois Student Assistance Commission or any governmental | ||||||
| 7 | agency of this State in accordance with subdivision (a)(5) of | ||||||
| 8 | Section 2105-15 15 of the Department of Professional Regulation | ||||||
| 9 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
| 10 | 2105/2105-15). | ||||||
| 11 | (d) In cases where the Department of Healthcare and Family | ||||||
| 12 | Services (formerly the Department of Public Aid) has previously | ||||||
| 13 | determined that a licensee or a potential licensee is more than | ||||||
| 14 | 30 days delinquent in the payment of child support and has | ||||||
| 15 | subsequently certified the delinquency to the Department, the | ||||||
| 16 | Department shall refuse to issue or renew or shall revoke or | ||||||
| 17 | suspend that person's license or shall take other disciplinary | ||||||
| 18 | action against that person based solely upon the certification | ||||||
| 19 | of delinquency made by the Department of Healthcare and Family | ||||||
| 20 | Services in accordance with subdivision (a)(5) of Section | ||||||
| 21 | 2105-15 15 of the Department of Professional Regulation Law of | ||||||
| 22 | the Civil Administrative Code of Illinois (20 ILCS | ||||||
| 23 | 2105/2105-15). | ||||||
| 24 | (e) The Department shall refuse to issue or renew or shall | ||||||
| 25 | revoke or suspend a person's license or shall take other | ||||||
| 26 | disciplinary action against that person for his or her failure | ||||||
| |||||||
| |||||||
| 1 | to file a return, to pay the tax, penalty, or interest shown in | ||||||
| 2 | a filed return, or to pay any final assessment of tax, penalty, | ||||||
| 3 | or interest as required by any tax Act administered by the | ||||||
| 4 | Department of Revenue, until such time as the requirements of | ||||||
| 5 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
| 6 | Section 2105-15 15 of the Department of Professional Regulation | ||||||
| 7 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
| 8 | 2105/2105-15). | ||||||
| 9 | (Source: P.A. 96-626, eff. 8-24-09; revised 11-14-13.)
| ||||||
| 10 | (225 ILCS 330/47) (from Ch. 111, par. 3297)
| ||||||
| 11 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| 12 | Sec. 47. Home rule. Pursuant to subsection (h) of Section 6 | ||||||
| 13 | of
Article VII 7 of the Illinois Constitution, a home rule unit | ||||||
| 14 | may not regulate
the profession of land surveying in a manner | ||||||
| 15 | more restrictive than the
regulation by the State of the | ||||||
| 16 | profession of land surveying as provided in
this Act. This | ||||||
| 17 | Section is a limitation on the concurrent exercise by home
rule | ||||||
| 18 | units of powers and functions exercised by the State.
| ||||||
| 19 | (Source: P.A. 86-987; revised 11-14-13.)
| ||||||
| 20 | Section 470. The Structural Engineering Practice Act of | ||||||
| 21 | 1989 is amended by changing Sections 20 and 37 as follows:
| ||||||
| 22 | (225 ILCS 340/20) (from Ch. 111, par. 6620)
| ||||||
| 23 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 20. Refusal; revocation; suspension. | ||||||
| 2 | (a) The Department may refuse to issue or renew, or may | ||||||
| 3 | revoke a license, or may suspend, place on probation, fine, or | ||||||
| 4 | take any disciplinary or non-disciplinary action as the | ||||||
| 5 | Department may deem proper, including a fine not to exceed | ||||||
| 6 | $10,000 for each violation, with regard to any licensee for any | ||||||
| 7 | one or combination of the following reasons:
| ||||||
| 8 | (1) Material misstatement in furnishing information to | ||||||
| 9 | the Department;
| ||||||
| 10 | (2) Negligence, incompetence or misconduct in the | ||||||
| 11 | practice of
structural engineering;
| ||||||
| 12 | (3) Making any misrepresentation for the purpose of | ||||||
| 13 | obtaining licensure;
| ||||||
| 14 | (4) The affixing of a licensed structural engineer's | ||||||
| 15 | seal to any plans,
specifications or drawings which have | ||||||
| 16 | not been prepared by or under the
immediate personal | ||||||
| 17 | supervision of that licensed structural engineer or
| ||||||
| 18 | reviewed as provided in this Act;
| ||||||
| 19 | (5) Conviction of, or entry of a plea of guilty or nolo | ||||||
| 20 | contendere to, any crime that is a felony under the laws of | ||||||
| 21 | the United States or of any state or territory thereof, or | ||||||
| 22 | that is a misdemeanor an essential element of which is | ||||||
| 23 | dishonesty, or any crime that is directly related to the | ||||||
| 24 | practice of the profession;
| ||||||
| 25 | (6) Making a statement of compliance pursuant to the | ||||||
| 26 | Environmental
Barriers Act, as now or hereafter amended, | ||||||
| |||||||
| |||||||
| 1 | that a plan for construction or
alteration of a public | ||||||
| 2 | facility or for construction of a multi-story
housing unit | ||||||
| 3 | is in compliance with the Environmental Barriers Act when | ||||||
| 4 | such
plan is not in compliance;
| ||||||
| 5 | (7) Failure to comply with any of the provisions of | ||||||
| 6 | this Act or its rules;
| ||||||
| 7 | (8) Aiding or assisting another person in violating any | ||||||
| 8 | provision of
this Act or its rules;
| ||||||
| 9 | (9) Engaging in dishonorable, unethical or | ||||||
| 10 | unprofessional conduct of a
character likely to deceive, | ||||||
| 11 | defraud or harm the public, as defined by
rule;
| ||||||
| 12 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
| 13 | narcotics, stimulants, or any other chemical agent or drug | ||||||
| 14 | that results in the inability to practice with reasonable | ||||||
| 15 | judgment, skill, or safety;
| ||||||
| 16 | (11) Failure of an applicant or licensee
to pay
a fine | ||||||
| 17 | imposed by the Department or a licensee whose license has | ||||||
| 18 | been
placed on probationary status has violated the terms | ||||||
| 19 | of probation;
| ||||||
| 20 | (12) Discipline by another state, territory, foreign | ||||||
| 21 | country, the
District of Columbia, the United States | ||||||
| 22 | government, or any other
governmental agency, if at least | ||||||
| 23 | one of the grounds for discipline is the
same or | ||||||
| 24 | substantially equivalent to those set forth in this | ||||||
| 25 | Section;
| ||||||
| 26 | (13) Failure to provide information in response to a | ||||||
| |||||||
| |||||||
| 1 | written request
made by the Department within 30 days after | ||||||
| 2 | the receipt of such written
request; or
| ||||||
| 3 | (14) Physical illness, including but not limited to, | ||||||
| 4 | deterioration through the aging process or loss of motor | ||||||
| 5 | skill, mental illness, or disability which results in the | ||||||
| 6 | inability to practice the
profession of structural | ||||||
| 7 | engineering with reasonable judgment, skill, or
safety.
| ||||||
| 8 | (a-5) In enforcing this Section, the Department or Board, | ||||||
| 9 | upon a showing of a possible violation, may order a licensee or | ||||||
| 10 | applicant to submit to a mental or physical examination, or | ||||||
| 11 | both, at the expense of the Department. The Department or Board | ||||||
| 12 | may order the examining physician to present testimony | ||||||
| 13 | concerning his or her examination of the licensee or applicant. | ||||||
| 14 | No information shall be excluded by reason of any common law or | ||||||
| 15 | statutory privilege relating to communications between the | ||||||
| 16 | licensee or applicant and the examining physician. The | ||||||
| 17 | examining physicians shall be specifically designated by the | ||||||
| 18 | Board or Department. The licensee or applicant may have, at his | ||||||
| 19 | or her own expense, another physician of his or her choice | ||||||
| 20 | present during all aspects of the examination. Failure of a | ||||||
| 21 | licensee or applicant to submit to any such examination when | ||||||
| 22 | directed, without reasonable cause as defined by rule, shall be | ||||||
| 23 | grounds for either the immediate suspension of his or her | ||||||
| 24 | license or immediate denial of his or her application. | ||||||
| 25 | If the Secretary immediately suspends the license of a | ||||||
| 26 | licensee for his or her failure to submit to a mental or | ||||||
| |||||||
| |||||||
| 1 | physical examination when directed, a hearing must be convened | ||||||
| 2 | by the Department within 15 days after the suspension and | ||||||
| 3 | completed without appreciable delay. | ||||||
| 4 | If the Secretary otherwise suspends a license pursuant to | ||||||
| 5 | the results of the licensee's mental or physical examination, a | ||||||
| 6 | hearing must be convened by the Department within 15 days after | ||||||
| 7 | the suspension and completed without appreciable delay. The | ||||||
| 8 | Department and Board shall have the authority to review the | ||||||
| 9 | licensee's record of treatment and counseling regarding the | ||||||
| 10 | relevant impairment or impairments to the extent permitted by | ||||||
| 11 | applicable federal statutes and regulations safeguarding the | ||||||
| 12 | confidentiality of medical records. | ||||||
| 13 | Any licensee suspended under this subsection (a-5) shall be | ||||||
| 14 | afforded an opportunity to demonstrate to the Department or | ||||||
| 15 | Board that he or she can resume practice in compliance with the | ||||||
| 16 | acceptable and prevailing standards under the provisions of his | ||||||
| 17 | or her license.
| ||||||
| 18 | (b) The determination by a circuit court that a licensee is | ||||||
| 19 | subject to
involuntary admission or judicial admission, as | ||||||
| 20 | provided in the Mental
Health and Developmental Disabilities | ||||||
| 21 | Code, operates as an automatic
suspension. Such suspension will | ||||||
| 22 | end only upon a finding by a court that
the patient is no | ||||||
| 23 | longer subject to involuntary admission or judicial
admission, | ||||||
| 24 | the issuance of an order so finding and discharging the | ||||||
| 25 | patient,
and the recommendation of the Board to the Secretary | ||||||
| 26 | that
the licensee be allowed to resume practice.
| ||||||
| |||||||
| |||||||
| 1 | (c) The Department shall deny a license or renewal | ||||||
| 2 | authorized by this Act to a person who has defaulted on an | ||||||
| 3 | educational loan or scholarship provided or guaranteed by the | ||||||
| 4 | Illinois Student Assistance Commission or any governmental | ||||||
| 5 | agency of this State in accordance with subdivision (a)(5) of | ||||||
| 6 | Section 2105-15 15 of the Department of Professional Regulation | ||||||
| 7 | Law of the Civil Administrative Code of Illinois. | ||||||
| 8 | (d) In cases where the Department of Healthcare and Family | ||||||
| 9 | Services (formerly the Department of Public Aid) has previously | ||||||
| 10 | determined that a licensee or a potential licensee is more than | ||||||
| 11 | 30 days delinquent in the payment of child support and has | ||||||
| 12 | subsequently certified the delinquency to the Department, the | ||||||
| 13 | Department shall refuse to issue or renew or shall revoke or | ||||||
| 14 | suspend that person's license or shall take other disciplinary | ||||||
| 15 | action against that person based solely upon the certification | ||||||
| 16 | of delinquency made by the Department of Healthcare and Family | ||||||
| 17 | Services in accordance with subdivision (a)(5) of Section | ||||||
| 18 | 2105-15 15 of the Department of Professional Regulation Law of | ||||||
| 19 | the Civil Administrative Code of Illinois. | ||||||
| 20 | (e) The Department shall deny a license or renewal | ||||||
| 21 | authorized by this Act to a person who has failed to file a | ||||||
| 22 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
| 23 | return, or to pay any final assessment of tax, penalty, or | ||||||
| 24 | interest as required by any tax Act administered by the | ||||||
| 25 | Department of Revenue, until such time as the requirements of | ||||||
| 26 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
| |||||||
| |||||||
| 1 | Section 2105-15 15 of the Department of Professional Regulation | ||||||
| 2 | Law of the Civil Administrative Code of Illinois.
| ||||||
| 3 | (f) Persons who assist the Department as consultants or | ||||||
| 4 | expert witnesses in
the investigation or prosecution of alleged | ||||||
| 5 | violations of the Act,
licensure matters, restoration | ||||||
| 6 | proceedings, or criminal prosecutions, are
not liable for | ||||||
| 7 | damages in any civil action or proceeding as a result of
such | ||||||
| 8 | assistance, except upon proof of actual malice. The Attorney | ||||||
| 9 | General
of the State of Illinois shall defend such persons in | ||||||
| 10 | any such action or
proceeding.
| ||||||
| 11 | (Source: P.A. 96-610, eff. 8-24-09; revised 11-12-13.)
| ||||||
| 12 | (225 ILCS 340/37) (from Ch. 111, par. 6637)
| ||||||
| 13 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| 14 | Sec. 37.
Pursuant to subsection (i) of Section 6 of Article | ||||||
| 15 | VII 7 of the
Illinois Constitution, a home rule unit may not | ||||||
| 16 | regulate the profession of
structural engineering in a manner | ||||||
| 17 | more restrictive than the regulation by
the State of the | ||||||
| 18 | profession of structural engineering as provided in this
Act. | ||||||
| 19 | This Section is a limitation on the concurrent exercise by home | ||||||
| 20 | rule
units of powers and functions exercised by the State.
| ||||||
| 21 | (Source: P.A. 86-711; revised 11-14-13.)
| ||||||
| 22 | Section 475. The Illinois Certified Shorthand Reporters | ||||||
| 23 | Act of 1984 is amended by changing Sections 23 and 23.2a as | ||||||
| 24 | follows:
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 415/23) (from Ch. 111, par. 6223)
| ||||||
| 2 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 3 | Sec. 23. Grounds for disciplinary action.
| ||||||
| 4 | (a) The Department may refuse to issue or renew, or may | ||||||
| 5 | revoke,
suspend, place on probation, reprimand or take other | ||||||
| 6 | disciplinary
or non-disciplinary action as the Department may | ||||||
| 7 | deem appropriate, including imposing fines not to
exceed | ||||||
| 8 | $10,000 for each violation and the assessment of costs as | ||||||
| 9 | provided for in Section 23.3 of this Act, with regard to any | ||||||
| 10 | license for any one
or combination of the following:
| ||||||
| 11 | (1) Material misstatement in furnishing information to | ||||||
| 12 | the Department;
| ||||||
| 13 | (2) Violations of this Act, or of the rules promulgated | ||||||
| 14 | thereunder;
| ||||||
| 15 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
| 16 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 17 | sentencing of any crime, including, but not limited to, | ||||||
| 18 | convictions, preceding sentences of supervision, | ||||||
| 19 | conditional discharge, or first offender probation under | ||||||
| 20 | the laws of any jurisdiction of the United States: (i) that | ||||||
| 21 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
| 22 | element of which is dishonesty, or that is directly related | ||||||
| 23 | to the practice of the profession;
| ||||||
| 24 | (4) Fraud or any misrepresentation in applying for or | ||||||
| 25 | procuring a license under this Act or in connection with | ||||||
| |||||||
| |||||||
| 1 | applying for renewal of a license under this Act;
| ||||||
| 2 | (5) Professional incompetence;
| ||||||
| 3 | (6) Aiding or assisting another person, firm, | ||||||
| 4 | partnership or corporation
in violating any provision of | ||||||
| 5 | this Act or rules;
| ||||||
| 6 | (7) Failing, within 60 days, to provide information in | ||||||
| 7 | response to a
written request made by the Department;
| ||||||
| 8 | (8) Engaging in dishonorable, unethical or | ||||||
| 9 | unprofessional conduct of a
character likely to deceive, | ||||||
| 10 | defraud or harm the public;
| ||||||
| 11 | (9) Habitual or excessive use or abuse of drugs defined | ||||||
| 12 | in law as controlled substances, alcohol, or any other | ||||||
| 13 | substances that results in the inability to practice with | ||||||
| 14 | reasonable judgment, skill, or safety;
| ||||||
| 15 | (10) Discipline by another state, unit of government, | ||||||
| 16 | government agency, the District of Columbia, a territory,
| ||||||
| 17 | or foreign nation, if at least one of the grounds for the | ||||||
| 18 | discipline is
the same or substantially equivalent to those | ||||||
| 19 | set forth herein;
| ||||||
| 20 | (11) Charging for professional services not rendered, | ||||||
| 21 | including filing false statements for the collection of | ||||||
| 22 | fees for which services were not rendered, or giving, | ||||||
| 23 | directly or indirectly, any gift or anything of value to | ||||||
| 24 | attorneys or their staff or any other persons or entities | ||||||
| 25 | associated with any litigation, that exceeds $100 total per | ||||||
| 26 | year; for the purposes of this Section, pro bono services, | ||||||
| |||||||
| |||||||
| 1 | as defined by State law, are permissible in any amount;
| ||||||
| 2 | (12) A finding by the Board that the certificate | ||||||
| 3 | holder, after having
his certificate placed on | ||||||
| 4 | probationary status, has violated the terms of
probation;
| ||||||
| 5 | (13) Willfully making or filing false records or | ||||||
| 6 | reports in the practice
of shorthand reporting, including | ||||||
| 7 | but not limited to false records filed
with State agencies | ||||||
| 8 | or departments;
| ||||||
| 9 | (14) Physical illness, including but not limited to, | ||||||
| 10 | deterioration through
the aging process, or loss of motor | ||||||
| 11 | skill which results in the inability
to practice under this | ||||||
| 12 | Act with reasonable judgment, skill or safety;
| ||||||
| 13 | (15) Solicitation of professional services other than | ||||||
| 14 | by permitted
advertising;
| ||||||
| 15 | (16) Willful failure to take full and accurate | ||||||
| 16 | stenographic notes of
any proceeding;
| ||||||
| 17 | (17) Willful alteration of any stenographic notes | ||||||
| 18 | taken at any proceeding;
| ||||||
| 19 | (18) Willful failure to accurately transcribe verbatim | ||||||
| 20 | any stenographic
notes taken at any proceeding;
| ||||||
| 21 | (19) Willful alteration of a transcript of | ||||||
| 22 | stenographic notes taken at
any proceeding;
| ||||||
| 23 | (20) Affixing one's signature to any transcript of his | ||||||
| 24 | stenographic notes
or certifying to its correctness unless | ||||||
| 25 | the transcript has been prepared
by him or under his | ||||||
| 26 | immediate supervision;
| ||||||
| |||||||
| |||||||
| 1 | (21) Willful failure to systematically retain | ||||||
| 2 | stenographic notes or transcripts on paper or any | ||||||
| 3 | electronic media for 10 years
from the date that the notes | ||||||
| 4 | or transcripts were taken;
| ||||||
| 5 | (22) Failure to deliver transcripts in a timely manner | ||||||
| 6 | or in accordance
with contractual agreements;
| ||||||
| 7 | (23) Establishing contingent fees as a basis of | ||||||
| 8 | compensation;
| ||||||
| 9 | (24) Mental illness or disability that results in the | ||||||
| 10 | inability to practice under this Act with reasonable | ||||||
| 11 | judgment, skill, or safety; | ||||||
| 12 | (25) Practicing under a false or assumed name, except | ||||||
| 13 | as provided by law; | ||||||
| 14 | (26) Cheating on or attempting to subvert the licensing | ||||||
| 15 | examination administered under this Act; | ||||||
| 16 | (27) Allowing one's license under this Act to be used | ||||||
| 17 | by an unlicensed person in violation of this Act. | ||||||
| 18 | All fines imposed under this Section shall be paid within | ||||||
| 19 | 60 days after the effective date of the order imposing the fine | ||||||
| 20 | or in accordance with the terms set forth in the order imposing | ||||||
| 21 | the fine. | ||||||
| 22 | (b) The determination by a circuit court that a certificate | ||||||
| 23 | holder is
subject to involuntary admission or judicial | ||||||
| 24 | admission as provided in the
Mental Health and Developmental | ||||||
| 25 | Disabilities Code, operates as an automatic
suspension. Such | ||||||
| 26 | suspension will end only upon a
finding by a court that the | ||||||
| |||||||
| |||||||
| 1 | patient is no longer subject to involuntary
admission or | ||||||
| 2 | judicial admission, an order by the court so finding and
| ||||||
| 3 | discharging the patient. In any case where a license is | ||||||
| 4 | suspended under this Section, the licensee may file a petition | ||||||
| 5 | for restoration and shall include evidence acceptable to the | ||||||
| 6 | Department that the licensee can resume practice in compliance | ||||||
| 7 | with acceptable and prevailing standards of the profession.
| ||||||
| 8 | (c) In cases where the Department of Healthcare and Family | ||||||
| 9 | Services has previously determined a licensee or a potential | ||||||
| 10 | licensee is more than 30 days delinquent in the payment of | ||||||
| 11 | child support and has subsequently certified the delinquency to | ||||||
| 12 | the Department, the Department may refuse to issue or renew or | ||||||
| 13 | may revoke or suspend that person's license or may take other | ||||||
| 14 | disciplinary action against that person based solely upon the | ||||||
| 15 | certification of delinquency made by the Department of | ||||||
| 16 | Healthcare and Family Services in accordance with item (5) of | ||||||
| 17 | subsection (a) (g) of Section 2105-15 1205-15 of the Civil | ||||||
| 18 | Administrative Code of Illinois. | ||||||
| 19 | (d) In enforcing this Section, the Department, upon a | ||||||
| 20 | showing of a possible violation, may compel any individual who | ||||||
| 21 | is certified under this Act or any individual who has applied | ||||||
| 22 | for certification under this Act to submit to a mental or | ||||||
| 23 | physical examination and evaluation, or both, which may include | ||||||
| 24 | a substance abuse or sexual offender evaluation, at the expense | ||||||
| 25 | of the Department. The Department shall specifically designate | ||||||
| 26 | the examining physician licensed to practice medicine in all of | ||||||
| |||||||
| |||||||
| 1 | its branches or, if applicable, the multidisciplinary team | ||||||
| 2 | involved in providing the mental or physical examination and | ||||||
| 3 | evaluation, or both. The multidisciplinary team shall be led by | ||||||
| 4 | a physician licensed to practice medicine in all of its | ||||||
| 5 | branches and may consist of one or more or a combination of | ||||||
| 6 | physicians licensed to practice medicine in all of its | ||||||
| 7 | branches, licensed chiropractic physicians, licensed clinical | ||||||
| 8 | psychologists, licensed clinical social workers, licensed | ||||||
| 9 | clinical professional counselors, and other professional and | ||||||
| 10 | administrative staff. Any examining physician or member of the | ||||||
| 11 | multidisciplinary team may require any person ordered to submit | ||||||
| 12 | to an examination and evaluation pursuant to this Section to | ||||||
| 13 | submit to any additional supplemental testing deemed necessary | ||||||
| 14 | to complete any examination or evaluation process, including, | ||||||
| 15 | but not limited to, blood testing, urinalysis, psychological | ||||||
| 16 | testing, or neuropsychological testing. | ||||||
| 17 | The Department may order the examining physician or any | ||||||
| 18 | member of the multidisciplinary team to provide to the | ||||||
| 19 | Department any and all records, including business records, | ||||||
| 20 | that relate to the examination and evaluation, including any | ||||||
| 21 | supplemental testing performed. The Department may order the | ||||||
| 22 | examining physician or any member of the multidisciplinary team | ||||||
| 23 | to present testimony concerning this examination and | ||||||
| 24 | evaluation of the certified shorthand reporter or applicant, | ||||||
| 25 | including testimony concerning any supplemental testing or | ||||||
| 26 | documents relating to the examination and evaluation. No | ||||||
| |||||||
| |||||||
| 1 | information, report, record, or other documents in any way | ||||||
| 2 | related to the examination and evaluation shall be excluded by | ||||||
| 3 | reason of any common law or statutory privilege relating to | ||||||
| 4 | communication between the licensee or applicant and the | ||||||
| 5 | examining physician or any member of the multidisciplinary | ||||||
| 6 | team. No authorization is necessary from the certified | ||||||
| 7 | shorthand reporter or applicant ordered to undergo an | ||||||
| 8 | evaluation and examination for the examining physician or any | ||||||
| 9 | member of the multidisciplinary team to provide information, | ||||||
| 10 | reports, records, or other documents or to provide any | ||||||
| 11 | testimony regarding the examination and evaluation. The | ||||||
| 12 | individual to be examined may have, at his or her own expense, | ||||||
| 13 | another physician of his or her choice present during all | ||||||
| 14 | aspects of the examination. | ||||||
| 15 | Failure of any individual to submit to mental or physical | ||||||
| 16 | examination and evaluation, or both, when directed, shall | ||||||
| 17 | result in an automatic suspension, without hearing, until such | ||||||
| 18 | time as the individual submits to the examination. If the | ||||||
| 19 | Department finds a certified shorthand reporter unable to | ||||||
| 20 | practice because of the reasons set forth in this Section, the | ||||||
| 21 | Department shall require the certified shorthand reporter to | ||||||
| 22 | submit to care, counseling, or treatment by physicians approved | ||||||
| 23 | or designated by the Department, as a condition for continued, | ||||||
| 24 | reinstated, or renewed certification. | ||||||
| 25 | When the Secretary immediately suspends a certificate | ||||||
| 26 | under this Section, a hearing upon the person's certificate | ||||||
| |||||||
| |||||||
| 1 | must be convened by the Department within 15 days after the | ||||||
| 2 | suspension and completed without appreciable delay. The | ||||||
| 3 | Department shall have the authority to review the certified | ||||||
| 4 | shorthand reporter's record of treatment and counseling | ||||||
| 5 | regarding the impairment, to the extent permitted by applicable | ||||||
| 6 | federal statutes and regulations safeguarding the | ||||||
| 7 | confidentiality of medical records. | ||||||
| 8 | Individuals certified under this Act, affected under this | ||||||
| 9 | Section, shall be afforded an opportunity to demonstrate to the | ||||||
| 10 | Department that they can resume practice in compliance with | ||||||
| 11 | acceptable and prevailing standards under the provisions of | ||||||
| 12 | their certification. | ||||||
| 13 | (e) The Department shall deny a license or renewal | ||||||
| 14 | authorized by this Act to a person who has defaulted on an | ||||||
| 15 | educational loan or scholarship provided or guaranteed by the | ||||||
| 16 | Illinois Student Assistance Commission or any governmental | ||||||
| 17 | agency of this State in accordance with item (5) of subsection | ||||||
| 18 | (a) (g) of Section 2105-15 of the Civil Administrative Code of | ||||||
| 19 | Illinois. | ||||||
| 20 | (f) The Department may refuse to issue or may suspend | ||||||
| 21 | without hearing, as provided for in the Code of Civil | ||||||
| 22 | Procedure, the license of any person who fails to file a | ||||||
| 23 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
| 24 | return, or to pay any final assessment of tax, penalty, or | ||||||
| 25 | interest as required by any tax Act administered by the | ||||||
| 26 | Illinois Department of Revenue, until such time as the | ||||||
| |||||||
| |||||||
| 1 | requirements of any such tax Act are satisfied in accordance | ||||||
| 2 | with subsection (g) of Section 2105-15 of the Civil | ||||||
| 3 | Administrative Code of Illinois. | ||||||
| 4 | (Source: P.A. 98-445, eff. 12-31-13; revised 11-14-13.)
| ||||||
| 5 | (225 ILCS 415/23.2a) | ||||||
| 6 | (Section scheduled to be repealed on January 1, 2024) | ||||||
| 7 | Sec. 23.2a. Confidentiality. All information collected by | ||||||
| 8 | the Department in the course of an examination or investigation | ||||||
| 9 | of a licensee or applicant, including, but not limited to, any | ||||||
| 10 | complaint against a licensee filed with the Department and | ||||||
| 11 | information collected to investigate any such complaint, shall | ||||||
| 12 | be maintained for the confidential use of the Department and | ||||||
| 13 | shall not be disclosed. The Department may not disclose the | ||||||
| 14 | information to anyone other than law enforcement officials, | ||||||
| 15 | other regulatory agencies that have an appropriate regulatory | ||||||
| 16 | interest as determined by the Secretary, or to a party | ||||||
| 17 | presenting a lawful subpoena to the Department. Information and | ||||||
| 18 | documents disclosed to a federal, State, county, or local law | ||||||
| 19 | enforcement agency shall not be disclosed by the agency for any | ||||||
| 20 | purpose to any other agency or person. A formal complaint filed | ||||||
| 21 | against a licensee by the Department or any order issued by the | ||||||
| 22 | Department against a licensee or applicant shall be a public | ||||||
| 23 | record, except as otherwise prohibited by law.
| ||||||
| 24 | (Source: P.A. 98-445, eff. 12-31-13; revised 11-12-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 480. The Community Association Manager Licensing | ||||||
| 2 | and Disciplinary Act is amended by changing Section 85 as | ||||||
| 3 | follows:
| ||||||
| 4 | (225 ILCS 427/85)
| ||||||
| 5 | (Section scheduled to be repealed on January 1, 2020) | ||||||
| 6 | Sec. 85. Grounds for discipline; refusal, revocation, or | ||||||
| 7 | suspension. | ||||||
| 8 | (a) The Department may refuse to issue or renew a license, | ||||||
| 9 | or may place on probation, reprimand, suspend, or revoke any | ||||||
| 10 | license, or take any other disciplinary or non-disciplinary | ||||||
| 11 | action as the Department may deem proper and impose a fine not | ||||||
| 12 | to exceed $10,000 for each violation upon any licensee or | ||||||
| 13 | applicant under this Act or any person or entity who holds | ||||||
| 14 | himself, herself, or itself out as an applicant or licensee for | ||||||
| 15 | any one or combination of the following causes: | ||||||
| 16 | (1) Material misstatement in furnishing information to | ||||||
| 17 | the Department. | ||||||
| 18 | (2) Violations of this Act or its rules. | ||||||
| 19 | (3) Conviction of or entry of a plea of guilty or plea | ||||||
| 20 | of nolo contendere to a felony or a misdemeanor under the | ||||||
| 21 | laws of the United States, any state, or any other | ||||||
| 22 | jurisdiction or entry of an administrative sanction by a | ||||||
| 23 | government agency in this State or any other jurisdiction. | ||||||
| 24 | Action taken under this paragraph (3) for a misdemeanor or | ||||||
| 25 | an administrative sanction is limited to a misdemeanor or | ||||||
| |||||||
| |||||||
| 1 | administrative sanction that has as an essential element | ||||||
| 2 | dishonesty or fraud, that involves larceny, embezzlement, | ||||||
| 3 | or obtaining money, property, or credit by false pretenses | ||||||
| 4 | or by means of a confidence game, or that is directly | ||||||
| 5 | related to the practice of the profession. | ||||||
| 6 | (4) Making any misrepresentation for the purpose of | ||||||
| 7 | obtaining a license or violating any provision of this Act | ||||||
| 8 | or its rules. | ||||||
| 9 | (5) Professional incompetence. | ||||||
| 10 | (6) Gross negligence. | ||||||
| 11 | (7) Aiding or assisting another person in violating any | ||||||
| 12 | provision of this Act or its rules. | ||||||
| 13 | (8) Failing, within 30 days, to provide information in | ||||||
| 14 | response to a request made by the Department. | ||||||
| 15 | (9) Engaging in dishonorable, unethical, or | ||||||
| 16 | unprofessional conduct of a character likely to deceive, | ||||||
| 17 | defraud or harm the public as defined by the rules of the | ||||||
| 18 | Department, or violating the rules of professional conduct | ||||||
| 19 | adopted by the Department. | ||||||
| 20 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
| 21 | narcotics, stimulants, or any other chemical agent or drug | ||||||
| 22 | that results in the inability to practice with reasonable | ||||||
| 23 | judgment, skill, or safety. | ||||||
| 24 | (11) Having been disciplined by another state, the | ||||||
| 25 | District of Columbia, a territory, a foreign nation, or a | ||||||
| 26 | governmental agency authorized to impose discipline if at | ||||||
| |||||||
| |||||||
| 1 | least one of the grounds for the discipline is the same or | ||||||
| 2 | substantially equivalent of one of the grounds for which a | ||||||
| 3 | licensee may be disciplined under this Act. A certified | ||||||
| 4 | copy of the record of the action by the other state or | ||||||
| 5 | jurisdiction shall be prima facie evidence thereof. | ||||||
| 6 | (12) Directly or indirectly giving to or receiving from | ||||||
| 7 | any person, firm, corporation, partnership or association | ||||||
| 8 | any fee, commission, rebate, or other form of compensation | ||||||
| 9 | for any professional services not actually or personally | ||||||
| 10 | rendered. | ||||||
| 11 | (13) A finding by the Department that the licensee, | ||||||
| 12 | after having his, her, or its license placed on | ||||||
| 13 | probationary status, has violated the terms of probation. | ||||||
| 14 | (14) Willfully making or filing false records or | ||||||
| 15 | reports relating to a licensee's practice, including but | ||||||
| 16 | not limited to false records filed with any State or | ||||||
| 17 | federal agencies or departments. | ||||||
| 18 | (15) Being named as a perpetrator in an indicated | ||||||
| 19 | report by the Department of Children and Family Services | ||||||
| 20 | under the Abused and Neglected Child Reporting Act and upon | ||||||
| 21 | proof by clear and convincing evidence that the licensee | ||||||
| 22 | has caused a child to be an abused child or neglected child | ||||||
| 23 | as defined in the Abused and Neglected Child Reporting Act. | ||||||
| 24 | (16) Physical illness or mental illness or impairment, | ||||||
| 25 | including, but not limited to, deterioration through the | ||||||
| 26 | aging process or loss of motor skill that results in the | ||||||
| |||||||
| |||||||
| 1 | inability to practice the profession with reasonable | ||||||
| 2 | judgment, skill, or safety. | ||||||
| 3 | (17) Solicitation of professional services by using | ||||||
| 4 | false or misleading advertising. | ||||||
| 5 | (18) A finding that licensure has been applied for or | ||||||
| 6 | obtained by fraudulent means. | ||||||
| 7 | (19) Practicing or attempting to practice under a name | ||||||
| 8 | other than the full name as shown on the license or any | ||||||
| 9 | other legally authorized name. | ||||||
| 10 | (20) Gross overcharging for professional services | ||||||
| 11 | including, but not limited to, (i) collection of fees or | ||||||
| 12 | moneys for services that are not rendered; and (ii) | ||||||
| 13 | charging for services that are not in accordance with the | ||||||
| 14 | contract between the licensee and the community | ||||||
| 15 | association. | ||||||
| 16 | (21) Improper commingling of personal and client funds | ||||||
| 17 | in violation of this Act or any rules promulgated thereto. | ||||||
| 18 | (22) Failing to account for or remit any moneys or | ||||||
| 19 | documents coming into the licensee's possession that | ||||||
| 20 | belong to another person or entity. | ||||||
| 21 | (23) Giving differential treatment to a person that is | ||||||
| 22 | to that person's detriment because of race, color, creed, | ||||||
| 23 | sex, religion, or national origin. | ||||||
| 24 | (24) Performing and charging for services without | ||||||
| 25 | reasonable authorization to do so from the person or entity | ||||||
| 26 | for whom service is being provided. | ||||||
| |||||||
| |||||||
| 1 | (25) Failing to make available to the Department, upon | ||||||
| 2 | request, any books, records, or forms required by this Act. | ||||||
| 3 | (26) Purporting to be a supervising community | ||||||
| 4 | association manager of a firm without active participation | ||||||
| 5 | in the firm. | ||||||
| 6 | (27) Failing to make available to the Department at the | ||||||
| 7 | time of the request any indicia of licensure or | ||||||
| 8 | registration issued under this Act. | ||||||
| 9 | (28) Failing to maintain and deposit funds belonging to | ||||||
| 10 | a community association in accordance with subsection (b) | ||||||
| 11 | of Section 55 of this Act. | ||||||
| 12 | (29) Violating the terms of a disciplinary order issued | ||||||
| 13 | by the Department. | ||||||
| 14 | (b) In accordance with subdivision (a)(5) of Section | ||||||
| 15 | 2105-15 15 of the Department of Professional Regulation Law of | ||||||
| 16 | the Civil Administrative Code of Illinois (20 ILCS | ||||||
| 17 | 2105/2105-15), the Department shall deny a license or renewal | ||||||
| 18 | authorized by this Act to a person who has defaulted on an | ||||||
| 19 | educational loan or scholarship provided or guaranteed by the | ||||||
| 20 | Illinois Student Assistance Commission or any governmental | ||||||
| 21 | agency of this State. | ||||||
| 22 | (c) The determination by a circuit court that a licensee is | ||||||
| 23 | subject to involuntary admission or judicial admission, as | ||||||
| 24 | provided in the Mental Health and Developmental Disabilities | ||||||
| 25 | Code, operates as an automatic suspension. The suspension will | ||||||
| 26 | terminate only upon a finding by a court that the patient is no | ||||||
| |||||||
| |||||||
| 1 | longer subject to involuntary admission or judicial admission | ||||||
| 2 | and the issuance of an order so finding and discharging the | ||||||
| 3 | patient, and upon the recommendation of the Board to the | ||||||
| 4 | Secretary that the licensee be allowed to resume his or her | ||||||
| 5 | practice as a licensed community association manager. | ||||||
| 6 | (d) In accordance with subsection (g) of Section 2105-15 15 | ||||||
| 7 | of the Department of Professional Regulation Law of the Civil | ||||||
| 8 | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | ||||||
| 9 | Department may refuse to issue or renew or may suspend the | ||||||
| 10 | license of any person who fails to file a return, to pay the | ||||||
| 11 | tax, penalty, or interest shown in a filed return, or to pay | ||||||
| 12 | any final assessment of tax, penalty, or interest, as required | ||||||
| 13 | by any tax Act administered by the Department of Revenue, until | ||||||
| 14 | such time as the requirements of that tax Act are satisfied.
| ||||||
| 15 | (e) In accordance with subdivision (a)(5) of Section | ||||||
| 16 | 2105-15 15 of the Department of Professional Regulation Law of | ||||||
| 17 | the Civil Administrative Code of Illinois (20 ILCS | ||||||
| 18 | 2105/2105-15) and in cases where the Department of Healthcare | ||||||
| 19 | and Family Services (formerly Department of Public Aid) has | ||||||
| 20 | previously determined that a licensee or a potential licensee | ||||||
| 21 | is more than 30 days delinquent in the payment of child support | ||||||
| 22 | and has subsequently certified the delinquency to the | ||||||
| 23 | Department may refuse to issue or renew or may revoke or | ||||||
| 24 | suspend that person's license or may take other disciplinary | ||||||
| 25 | action against that person based solely upon the certification | ||||||
| 26 | of delinquency made by the Department of Healthcare and Family | ||||||
| |||||||
| |||||||
| 1 | Services. | ||||||
| 2 | (f) In enforcing this Section, the Department or Board upon | ||||||
| 3 | a showing of a possible violation may compel a licensee or an | ||||||
| 4 | individual licensed to practice under this Act, or who has | ||||||
| 5 | applied for licensure under this Act, to submit to a mental or | ||||||
| 6 | physical examination, or both, as required by and at the | ||||||
| 7 | expense of the Department. The Department or Board may order | ||||||
| 8 | the examining physician to present testimony concerning the | ||||||
| 9 | mental or physical examination of the licensee or applicant. No | ||||||
| 10 | information shall be excluded by reason of any common law or | ||||||
| 11 | statutory privilege relating to communications between the | ||||||
| 12 | licensee or applicant and the examining physician. The | ||||||
| 13 | examining physicians shall be specifically designated by the | ||||||
| 14 | Board or Department. The individual to be examined may have, at | ||||||
| 15 | his or her own expense, another physician of his or her choice | ||||||
| 16 | present during all aspects of this examination. Failure of an | ||||||
| 17 | individual to submit to a mental or physical examination, when | ||||||
| 18 | directed, shall be grounds for suspension of his or her license | ||||||
| 19 | or denial of his or her application or renewal until the | ||||||
| 20 | individual submits to the examination if the Department finds, | ||||||
| 21 | after notice and hearing, that the refusal to submit to the | ||||||
| 22 | examination was without reasonable cause.
| ||||||
| 23 | If the Department or Board finds an individual unable to | ||||||
| 24 | practice because of the reasons set forth in this Section, the | ||||||
| 25 | Department or Board may require that individual to submit to | ||||||
| 26 | care, counseling, or treatment by physicians approved or | ||||||
| |||||||
| |||||||
| 1 | designated by the Department or Board, as a condition, term, or | ||||||
| 2 | restriction for continued, reinstated, or renewed licensure to | ||||||
| 3 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
| 4 | Department may file, or the Board may recommend to the | ||||||
| 5 | Department to file, a complaint to immediately suspend, revoke, | ||||||
| 6 | deny, or otherwise discipline the license of the individual. An | ||||||
| 7 | individual whose license was granted, continued, reinstated, | ||||||
| 8 | renewed, disciplined or supervised subject to such terms, | ||||||
| 9 | conditions, or restrictions, and who fails to comply with such | ||||||
| 10 | terms, conditions, or restrictions, shall be referred to the | ||||||
| 11 | Secretary for a determination as to whether the individual | ||||||
| 12 | shall have his or her license suspended immediately, pending a | ||||||
| 13 | hearing by the Department. | ||||||
| 14 | In instances in which the Secretary immediately suspends a | ||||||
| 15 | person's license under this Section, a hearing on that person's | ||||||
| 16 | license must be convened by the Department within 30 days after | ||||||
| 17 | the suspension and completed without appreciable delay. The | ||||||
| 18 | Department and Board shall have the authority to review the | ||||||
| 19 | subject individual's record of treatment and counseling | ||||||
| 20 | regarding the impairment to the extent permitted by applicable | ||||||
| 21 | federal statutes and regulations safeguarding the | ||||||
| 22 | confidentiality of medical records. | ||||||
| 23 | An individual licensed under this Act and affected under | ||||||
| 24 | this Section shall be afforded an opportunity to demonstrate to | ||||||
| 25 | the Department or Board that he or she can resume practice in | ||||||
| 26 | compliance with acceptable and prevailing standards under the | ||||||
| |||||||
| |||||||
| 1 | provisions of his or her license.
| ||||||
| 2 | (Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14; | ||||||
| 3 | revised 11-14-13.)
| ||||||
| 4 | Section 485. The Detection of Deception Examiners Act is | ||||||
| 5 | amended by changing Section 14 as follows:
| ||||||
| 6 | (225 ILCS 430/14) (from Ch. 111, par. 2415)
| ||||||
| 7 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 8 | Sec. 14.
(a) The Department may refuse to issue or renew or | ||||||
| 9 | may revoke, suspend, place on probation, reprimand, or take | ||||||
| 10 | other disciplinary or non-disciplinary action as the | ||||||
| 11 | Department may deem appropriate, including imposing fines not | ||||||
| 12 | to exceed $10,000 for each violation, with regard to any | ||||||
| 13 | license for any one or a combination of the following:
| ||||||
| 14 | (1) Material misstatement in furnishing information to | ||||||
| 15 | the Department.
| ||||||
| 16 | (2) Violations of this Act, or of the rules adopted | ||||||
| 17 | under this Act.
| ||||||
| 18 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
| 19 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 20 | sentencing of any crime, including, but not limited to, | ||||||
| 21 | convictions, preceding sentences of supervision, | ||||||
| 22 | conditional discharge, or first offender probation, under | ||||||
| 23 | the laws of any jurisdiction of the United States: (i) that | ||||||
| 24 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
| |||||||
| |||||||
| 1 | element of which is dishonesty, or that is directly related | ||||||
| 2 | to the practice of the profession.
| ||||||
| 3 | (4) Making any misrepresentation for the purpose of | ||||||
| 4 | obtaining licensure or violating any provision of this Act | ||||||
| 5 | or the rules adopted under this Act pertaining to | ||||||
| 6 | advertising.
| ||||||
| 7 | (5) Professional incompetence.
| ||||||
| 8 | (6) Allowing one's license under this Act to be used by | ||||||
| 9 | an unlicensed
person in violation of this Act.
| ||||||
| 10 | (7) Aiding or assisting another person in violating | ||||||
| 11 | this Act or
any rule adopted under this Act.
| ||||||
| 12 | (8) Where the license holder has been adjudged mentally | ||||||
| 13 | ill, mentally
deficient or subject to involuntary | ||||||
| 14 | admission as provided in the Mental
Health and | ||||||
| 15 | Developmental Disabilities Code.
| ||||||
| 16 | (9) Failing, within 60 days, to provide information in | ||||||
| 17 | response to a written request made
by the Department.
| ||||||
| 18 | (10) Engaging in dishonorable, unethical, or | ||||||
| 19 | unprofessional conduct of a character likely to deceive, | ||||||
| 20 | defraud, or harm the public. | ||||||
| 21 | (11) Inability to practice with reasonable judgment, | ||||||
| 22 | skill, or safety as a result of habitual or excessive use | ||||||
| 23 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
| 24 | other chemical agent or drug. | ||||||
| 25 | (12) Discipline by another state, District of | ||||||
| 26 | Columbia, territory, or foreign nation, if at least one of | ||||||
| |||||||
| |||||||
| 1 | the grounds for the discipline is the same or substantially | ||||||
| 2 | equivalent to those set forth in this Section. | ||||||
| 3 | (13) A finding by the Department that the licensee, | ||||||
| 4 | after having his or her license placed on probationary | ||||||
| 5 | status, has violated the terms of probation. | ||||||
| 6 | (14) Willfully making or filing false records or | ||||||
| 7 | reports in his or her practice, including, but not limited | ||||||
| 8 | to, false records filed with State agencies or departments. | ||||||
| 9 | (15) Inability to practice the profession with | ||||||
| 10 | reasonable judgment, skill, or safety as a result of a | ||||||
| 11 | physical illness, including, but not limited to, | ||||||
| 12 | deterioration through the aging process or loss of motor | ||||||
| 13 | skill, or a mental illness or disability. | ||||||
| 14 | (16) Charging for professional services not rendered, | ||||||
| 15 | including filing false statements for the collection of | ||||||
| 16 | fees for which services are not rendered. | ||||||
| 17 | (17) Practicing under a false or, except as provided by | ||||||
| 18 | law, an assumed name. | ||||||
| 19 | (18) Fraud or misrepresentation in applying for, or | ||||||
| 20 | procuring, a license under this Act or in connection with | ||||||
| 21 | applying for renewal of a license under this Act. | ||||||
| 22 | (19) Cheating on or attempting to subvert the licensing | ||||||
| 23 | examination administered under this Act. | ||||||
| 24 | All fines imposed under this Section shall be paid within | ||||||
| 25 | 60 days after the effective date of the order imposing the | ||||||
| 26 | fine.
| ||||||
| |||||||
| |||||||
| 1 | (b) The Department may refuse to issue or may suspend | ||||||
| 2 | without hearing, as provided for in the Code of Civil | ||||||
| 3 | Procedure, the license of any person who fails to file a | ||||||
| 4 | return, or pay the tax, penalty, or interest shown in a filed | ||||||
| 5 | return, or pay any final assessment of the tax, penalty, or | ||||||
| 6 | interest as required by any tax Act administered by the | ||||||
| 7 | Illinois Department of Revenue, until such time as the | ||||||
| 8 | requirements of any such tax Act are satisfied in accordance | ||||||
| 9 | with subsection (g) of Section 2105-15 of the Civil | ||||||
| 10 | Administrative Code of Illinois. | ||||||
| 11 | (c) The Department shall deny a license or renewal | ||||||
| 12 | authorized by this Act to a person who has defaulted on an | ||||||
| 13 | educational loan or scholarship provided or guaranteed by the | ||||||
| 14 | Illinois Student Assistance Commission or any governmental | ||||||
| 15 | agency of this State in accordance with item (5) of subsection | ||||||
| 16 | (a) (g) of Section 2105-15 of the Civil Administrative Code of | ||||||
| 17 | Illinois. | ||||||
| 18 | (d) In cases where the Department of Healthcare and Family | ||||||
| 19 | Services has previously determined a licensee or a potential | ||||||
| 20 | licensee is more than 30 days delinquent in the payment of | ||||||
| 21 | child support and has subsequently certified the delinquency to | ||||||
| 22 | the Department, the Department may refuse to issue or renew or | ||||||
| 23 | may revoke or suspend that person's license or may take other | ||||||
| 24 | disciplinary action against that person based solely upon the | ||||||
| 25 | certification of delinquency made by the Department of | ||||||
| 26 | Healthcare and Family Services in accordance with item (5) of | ||||||
| |||||||
| |||||||
| 1 | subsection (a) (g) of Section 2105-15 1205-15 of the Civil | ||||||
| 2 | Administrative Code of Illinois. | ||||||
| 3 | (e) The determination by a circuit court that a licensee is | ||||||
| 4 | subject to involuntary admission or judicial admission, as | ||||||
| 5 | provided in the Mental Health and Developmental Disabilities | ||||||
| 6 | Code, operates as an automatic suspension. The suspension will | ||||||
| 7 | end only upon a finding by a court that the patient is no | ||||||
| 8 | longer subject to involuntary admission or judicial admission | ||||||
| 9 | and the issuance of an order so finding and discharging the | ||||||
| 10 | patient. | ||||||
| 11 | (f) In enforcing this Act, the Department, upon a showing | ||||||
| 12 | of a possible violation, may compel an individual licensed to | ||||||
| 13 | practice under this Act, or who has applied for licensure under | ||||||
| 14 | this Act, to submit to a mental or physical examination, or | ||||||
| 15 | both, as required by and at the expense of the Department. The | ||||||
| 16 | Department may order the examining physician to present | ||||||
| 17 | testimony concerning the mental or physical examination of the | ||||||
| 18 | licensee or applicant. No information shall be excluded by | ||||||
| 19 | reason of any common law or statutory privilege relating to | ||||||
| 20 | communications between the licensee or applicant and the | ||||||
| 21 | examining physician. The examining physicians shall be | ||||||
| 22 | specifically designated by the Department. The individual to be | ||||||
| 23 | examined may have, at his or her own expense, another physician | ||||||
| 24 | of his or her choice present during all aspects of this | ||||||
| 25 | examination. The examination shall be performed by a physician | ||||||
| 26 | licensed to practice medicine in all its branches. Failure of | ||||||
| |||||||
| |||||||
| 1 | an individual to submit to a mental or physical examination, | ||||||
| 2 | when directed, shall result in an automatic suspension without | ||||||
| 3 | hearing. | ||||||
| 4 | A person holding a license under this Act or who has | ||||||
| 5 | applied for a license under this Act who, because of a physical | ||||||
| 6 | or mental illness or disability, including, but not limited to, | ||||||
| 7 | deterioration through the aging process or loss of motor skill, | ||||||
| 8 | is unable to practice the profession with reasonable judgment, | ||||||
| 9 | skill, or safety, may be required by the Department to submit | ||||||
| 10 | to care, counseling, or treatment by physicians approved or | ||||||
| 11 | designated by the Department as a condition, term, or | ||||||
| 12 | restriction for continued, reinstated, or renewed licensure to | ||||||
| 13 | practice. Submission to care, counseling, or treatment as | ||||||
| 14 | required by the Department shall not be considered discipline | ||||||
| 15 | of a license. If the licensee refuses to enter into a care, | ||||||
| 16 | counseling, or treatment agreement or fails to abide by the | ||||||
| 17 | terms of the agreement, the Department may file a complaint to | ||||||
| 18 | revoke, suspend, or otherwise discipline the license of the | ||||||
| 19 | individual. The Secretary may order the license suspended | ||||||
| 20 | immediately, pending a hearing by the Department. Fines shall | ||||||
| 21 | not be assessed in disciplinary actions involving physical or | ||||||
| 22 | mental illness or impairment. | ||||||
| 23 | In instances in which the Secretary immediately suspends a | ||||||
| 24 | person's license under this Section, a hearing on that person's | ||||||
| 25 | license must be convened by the Department within 15 days after | ||||||
| 26 | the suspension and completed without appreciable delay. The | ||||||
| |||||||
| |||||||
| 1 | Department shall have the authority to review the subject | ||||||
| 2 | individual's record of treatment and counseling regarding the | ||||||
| 3 | impairment to the extent permitted by applicable federal | ||||||
| 4 | statutes and regulations safeguarding the confidentiality of | ||||||
| 5 | medical records. | ||||||
| 6 | An individual licensed under this Act and affected under | ||||||
| 7 | this Section shall be afforded an opportunity to demonstrate to | ||||||
| 8 | the Department that he or she can resume practice in compliance | ||||||
| 9 | with acceptable and prevailing standards under the provisions | ||||||
| 10 | of his or her license. | ||||||
| 11 | (Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13; | ||||||
| 12 | revised 11-14-13.)
| ||||||
| 13 | Section 490. The Highway Advertising Control Act of 1971 is | ||||||
| 14 | amended by changing Section 3 and by setting forth, | ||||||
| 15 | renumbering, and changing multiple versions of Section 15 as | ||||||
| 16 | follows:
| ||||||
| 17 | (225 ILCS 440/3) (from Ch. 121, par. 503)
| ||||||
| 18 | Sec. 3.
As used in this Act, unless the context otherwise | ||||||
| 19 | requires, the
terms defined in the Sections following this | ||||||
| 20 | Section and preceding Section 4 3.01 through 3.16 have the | ||||||
| 21 | meanings
ascribed to them in those Sections.
| ||||||
| 22 | (Source: P.A. 92-651, eff. 7-11-02; revised 11-14-13.)
| ||||||
| 23 | (225 ILCS 440/14.1) | ||||||
| |||||||
| |||||||
| 1 | Sec. 14.1 15. Applicability. The changes made to this Act | ||||||
| 2 | by Public Act 98-56 this amendatory Act of the 98th General | ||||||
| 3 | Assembly shall not be applicable if the application would | ||||||
| 4 | impact the receipt, use, or reimbursement of federal funds by | ||||||
| 5 | the Illinois Department of Transportation other than the | ||||||
| 6 | reimbursement of Bonus Agreement funds. Any permit granted | ||||||
| 7 | pursuant to an inapplicable provision is void.
| ||||||
| 8 | (Source: P.A. 98-56, eff. 7-5-13; revised 10-25-13.)
| ||||||
| 9 | (225 ILCS 440/15) | ||||||
| 10 | Sec. 15. "An Act relating to the restriction, prohibition, | ||||||
| 11 | regulation, and control of billboards and other outdoor | ||||||
| 12 | advertising devices on certain lands adjacent to National | ||||||
| 13 | System of Interstate and Defense Highways in Illinois", | ||||||
| 14 | approved June 28, 1965, is repealed.
| ||||||
| 15 | (Source: P.A. 77-1815.)
| ||||||
| 16 | Section 495. The Home Inspector License Act is amended by | ||||||
| 17 | changing Section 15-10 as follows:
| ||||||
| 18 | (225 ILCS 441/15-10)
| ||||||
| 19 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
| 20 | Sec. 15-10. Grounds for disciplinary action.
| ||||||
| 21 | (a) The Department may refuse to issue or renew, or may | ||||||
| 22 | revoke, suspend, place on probation, reprimand, or take other | ||||||
| 23 | disciplinary or non-disciplinary action as the Department may | ||||||
| |||||||
| |||||||
| 1 | deem appropriate, including imposing fines not to exceed | ||||||
| 2 | $25,000 for each violation, with regard to any license for any | ||||||
| 3 | one or combination of the following:
| ||||||
| 4 | (1) Fraud or misrepresentation in applying for, or | ||||||
| 5 | procuring a license under this Act or in connection with | ||||||
| 6 | applying for renewal of a license under this Act.
| ||||||
| 7 | (2) Failing to meet the minimum qualifications for | ||||||
| 8 | licensure as a home
inspector established by this Act.
| ||||||
| 9 | (3) Paying money, other than for the fees provided for | ||||||
| 10 | by this Act, or
anything of value to an employee of the | ||||||
| 11 | Department to procure licensure under this Act.
| ||||||
| 12 | (4) Conviction by plea of guilty or nolo contendere, | ||||||
| 13 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
| 14 | sentencing of any crime, including, but not limited to, | ||||||
| 15 | convictions, preceding sentences of supervision, | ||||||
| 16 | conditional discharge, or first offender probation, under | ||||||
| 17 | the laws of any jurisdiction of the United States: (i) that | ||||||
| 18 | is a felony; (ii) that is a misdemeanor, an essential | ||||||
| 19 | element of which is dishonesty, or that is directly related | ||||||
| 20 | to the practice of the profession; or (iii) that is a crime | ||||||
| 21 | that subjects the licensee to compliance with the | ||||||
| 22 | requirements of the Sex Offender Registration Act.
| ||||||
| 23 | (5) Committing an act or omission involving | ||||||
| 24 | dishonesty, fraud, or
misrepresentation
with the intent to | ||||||
| 25 | substantially benefit the licensee or another person or | ||||||
| 26 | with
the intent to substantially injure another person.
| ||||||
| |||||||
| |||||||
| 1 | (6) Violating a provision or standard for the | ||||||
| 2 | development or
communication of home inspections as | ||||||
| 3 | provided in Section 10-5 of this Act or as
defined in the | ||||||
| 4 | rules.
| ||||||
| 5 | (7) Failing or refusing to exercise reasonable
| ||||||
| 6 | diligence
in the development, reporting, or communication | ||||||
| 7 | of a home inspection report, as
defined
by this Act or the | ||||||
| 8 | rules.
| ||||||
| 9 | (8) Violating a provision of this Act or the rules.
| ||||||
| 10 | (9) Having been disciplined by another state, the | ||||||
| 11 | District of Columbia, a
territory, a foreign nation, a | ||||||
| 12 | governmental agency, or any other entity
authorized to | ||||||
| 13 | impose discipline if at least one of the grounds for
that
| ||||||
| 14 | discipline is the same as or substantially equivalent to | ||||||
| 15 | one of the grounds
for which a licensee may be disciplined | ||||||
| 16 | under this Act.
| ||||||
| 17 | (10) Engaging in dishonorable, unethical, or | ||||||
| 18 | unprofessional conduct of a
character likely to deceive, | ||||||
| 19 | defraud, or harm the public.
| ||||||
| 20 | (11) Accepting an inspection assignment when the | ||||||
| 21 | employment itself is
contingent upon the home inspector | ||||||
| 22 | reporting a predetermined analysis or
opinion, or when the | ||||||
| 23 | fee to be paid is contingent upon the analysis, opinion,
or | ||||||
| 24 | conclusion reached or upon the consequences resulting from | ||||||
| 25 | the home
inspection assignment.
| ||||||
| 26 | (12) Developing home inspection opinions or | ||||||
| |||||||
| |||||||
| 1 | conclusions based on the race,
color, religion, sex, | ||||||
| 2 | national origin, ancestry, age, marital status, family
| ||||||
| 3 | status, physical or mental disability, or unfavorable | ||||||
| 4 | military discharge, as
defined under the Illinois Human | ||||||
| 5 | Rights Act, of the prospective or present
owners or | ||||||
| 6 | occupants of the area or property under home inspection.
| ||||||
| 7 | (13) Being adjudicated liable in a civil proceeding on | ||||||
| 8 | grounds of
fraud,
misrepresentation, or deceit. In a | ||||||
| 9 | disciplinary proceeding based upon a
finding of civil | ||||||
| 10 | liability, the home inspector shall be
afforded an | ||||||
| 11 | opportunity to present mitigating and extenuating | ||||||
| 12 | circumstances,
but may not collaterally attack the civil | ||||||
| 13 | adjudication.
| ||||||
| 14 | (14) Being adjudicated liable in a civil proceeding for | ||||||
| 15 | violation of
a
State or federal fair housing law.
| ||||||
| 16 | (15) Engaging in misleading or untruthful advertising | ||||||
| 17 | or using a trade
name or insignia of membership in a home | ||||||
| 18 | inspection organization of
which the licensee is not a | ||||||
| 19 | member.
| ||||||
| 20 | (16) Failing, within 30 days, to provide information in | ||||||
| 21 | response to a written request made by the Department.
| ||||||
| 22 | (17) Failing to include within the home inspection | ||||||
| 23 | report the home
inspector's license number and the date of | ||||||
| 24 | expiration of the license. All
home inspectors providing | ||||||
| 25 | significant contribution to the development and
reporting | ||||||
| 26 | of a home inspection must be disclosed in the home | ||||||
| |||||||
| |||||||
| 1 | inspection report.
It is a violation of this Act for a home | ||||||
| 2 | inspector to sign a home inspection
report knowing that a | ||||||
| 3 | person providing a significant contribution to the report
| ||||||
| 4 | has not been disclosed in the home inspection report.
| ||||||
| 5 | (18) Advising a client as to whether the client should | ||||||
| 6 | or should not
engage in a transaction regarding the | ||||||
| 7 | residential real property that is the
subject of the home | ||||||
| 8 | inspection.
| ||||||
| 9 | (19) Performing a home inspection in a manner that | ||||||
| 10 | damages or alters the
residential real property that is the | ||||||
| 11 | subject of the home inspection without
the consent of the | ||||||
| 12 | owner.
| ||||||
| 13 | (20) Performing a home inspection when the home | ||||||
| 14 | inspector is providing
or may also provide other services | ||||||
| 15 | in connection with the residential real
property or | ||||||
| 16 | transaction, or has an interest in the residential real | ||||||
| 17 | property,
without providing prior written notice of the | ||||||
| 18 | potential or actual conflict and
obtaining the prior | ||||||
| 19 | consent of the client as provided by rule.
| ||||||
| 20 | (21) Aiding or assisting another person in violating | ||||||
| 21 | any provision of this Act or rules adopted under this Act. | ||||||
| 22 | (22) Inability to practice with reasonable judgment, | ||||||
| 23 | skill, or safety as a result of habitual or excessive use | ||||||
| 24 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
| 25 | other chemical agent or drug. | ||||||
| 26 | (23) A finding by the Department that the licensee, | ||||||
| |||||||
| |||||||
| 1 | after having his or her license placed on probationary | ||||||
| 2 | status, has violated the terms of probation. | ||||||
| 3 | (24) Willfully making or filing false records or | ||||||
| 4 | reports in his or her practice, including, but not limited | ||||||
| 5 | to, false records filed with State agencies or departments. | ||||||
| 6 | (25) Charging for professional services not rendered, | ||||||
| 7 | including filing false statements for the collection of | ||||||
| 8 | fees for which services are not rendered. | ||||||
| 9 | (26) Practicing under a false or, except as provided by | ||||||
| 10 | law, an assumed name. | ||||||
| 11 | (27) Cheating on or attempting to subvert the licensing | ||||||
| 12 | examination administered under this Act. | ||||||
| 13 | (b) The Department may suspend, revoke,
or refuse to issue
| ||||||
| 14 | or renew an education provider's license, may reprimand, place | ||||||
| 15 | on probation, or
otherwise discipline
an education provider
| ||||||
| 16 | licensee, and may suspend or revoke the course approval of any | ||||||
| 17 | course offered
by an education provider, for any of the | ||||||
| 18 | following:
| ||||||
| 19 | (1) Procuring or attempting to procure licensure by | ||||||
| 20 | knowingly making a
false statement, submitting false | ||||||
| 21 | information, making any form of fraud or
| ||||||
| 22 | misrepresentation, or refusing to provide complete | ||||||
| 23 | information in response to a
question in an application for | ||||||
| 24 | licensure.
| ||||||
| 25 | (2) Failing to comply with the covenants certified to | ||||||
| 26 | on the application
for licensure as an education provider.
| ||||||
| |||||||
| |||||||
| 1 | (3) Committing an act or omission involving | ||||||
| 2 | dishonesty, fraud, or
misrepresentation
or allowing any | ||||||
| 3 | such act or omission by any employee or contractor under | ||||||
| 4 | the
control of the education provider.
| ||||||
| 5 | (4) Engaging in misleading or untruthful advertising.
| ||||||
| 6 | (5) Failing to retain competent instructors in | ||||||
| 7 | accordance with rules
adopted under this Act.
| ||||||
| 8 | (6) Failing to meet the topic or time requirements for | ||||||
| 9 | course approval as
the provider of a pre-license curriculum | ||||||
| 10 | course or a continuing education
course.
| ||||||
| 11 | (7) Failing to administer an approved course using the | ||||||
| 12 | course materials,
syllabus, and examinations submitted as | ||||||
| 13 | the basis of the course approval.
| ||||||
| 14 | (8) Failing to provide an appropriate classroom | ||||||
| 15 | environment for
presentation of courses, with | ||||||
| 16 | consideration for student comfort, acoustics,
lighting, | ||||||
| 17 | seating, workspace, and visual aid material.
| ||||||
| 18 | (9) Failing to maintain student records in compliance | ||||||
| 19 | with the rules
adopted
under this Act.
| ||||||
| 20 | (10) Failing to provide a certificate, transcript, or | ||||||
| 21 | other student
record to the Department or to a student as | ||||||
| 22 | may be required by rule.
| ||||||
| 23 | (11) Failing to fully cooperate with a Department | ||||||
| 24 | investigation by knowingly
making a false statement, | ||||||
| 25 | submitting false or misleading information, or
refusing to | ||||||
| 26 | provide complete information in
response to written | ||||||
| |||||||
| |||||||
| 1 | interrogatories or a written request for
documentation | ||||||
| 2 | within 30 days of the request.
| ||||||
| 3 | (c) In appropriate cases, the Department may resolve a | ||||||
| 4 | complaint against a licensee
through the issuance of a Consent | ||||||
| 5 | to Administrative Supervision order. A
licensee subject to a | ||||||
| 6 | Consent to Administrative Supervision order
shall be | ||||||
| 7 | considered by the Department as an active licensee in good | ||||||
| 8 | standing.
This order shall not be reported as or considered by | ||||||
| 9 | the Department to be a discipline of
the licensee.
The records | ||||||
| 10 | regarding an investigation and a Consent to Administrative
| ||||||
| 11 | Supervision order shall be considered confidential and shall | ||||||
| 12 | not be released by
the Department except as
mandated by law. | ||||||
| 13 | The complainant shall be notified that his or her
complaint has | ||||||
| 14 | been resolved by a Consent to Administrative Supervision order.
| ||||||
| 15 | (d) The Department may refuse to issue or may suspend | ||||||
| 16 | without hearing, as provided for in the Code of Civil | ||||||
| 17 | Procedure, the license of any person who fails to file a tax | ||||||
| 18 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
| 19 | tax return, or to pay any final assessment of tax, penalty, or | ||||||
| 20 | interest, as required by any tax Act administered by the | ||||||
| 21 | Illinois Department of Revenue, until such time as the | ||||||
| 22 | requirements of the tax Act are satisfied in accordance with | ||||||
| 23 | subsection (g) of Section 2105-15 of the Civil Administrative | ||||||
| 24 | Code of Illinois. | ||||||
| 25 | (e) The Department shall deny a license or renewal | ||||||
| 26 | authorized by this Act to a person who has defaulted on an | ||||||
| |||||||
| |||||||
| 1 | educational loan or scholarship provided or guaranteed by the | ||||||
| 2 | Illinois Student Assistance Commission or any governmental | ||||||
| 3 | agency of this State in accordance with item (5) of subsection | ||||||
| 4 | (a) (g) of Section 2105-15 of the Civil Administrative Code of | ||||||
| 5 | Illinois. | ||||||
| 6 | (f) In cases where the Department of Healthcare and Family | ||||||
| 7 | Services has previously determined that a licensee or a | ||||||
| 8 | potential licensee is more than 30 days delinquent in the | ||||||
| 9 | payment of child support and has subsequently certified the | ||||||
| 10 | delinquency to the Department, the Department may refuse to | ||||||
| 11 | issue or renew or may revoke or suspend that person's license | ||||||
| 12 | or may take other disciplinary action against that person based | ||||||
| 13 | solely upon the certification of delinquency made by the | ||||||
| 14 | Department of Healthcare and Family Services in accordance with | ||||||
| 15 | item (5) of subsection (a) (g) of Section 2105-15 of the Civil | ||||||
| 16 | Administrative Code of Illinois. | ||||||
| 17 | (g) The determination by a circuit court that a licensee is | ||||||
| 18 | subject to involuntary admission or judicial admission, as | ||||||
| 19 | provided in the Mental Health and Developmental Disabilities | ||||||
| 20 | Code, operates as an automatic suspension. The suspension will | ||||||
| 21 | end only upon a finding by a court that the patient is no | ||||||
| 22 | longer subject to involuntary admission or judicial admission | ||||||
| 23 | and the issuance of a court order so finding and discharging | ||||||
| 24 | the patient. | ||||||
| 25 | (h) In enforcing this Act, the Department, upon a showing | ||||||
| 26 | of a possible violation, may compel an individual licensed to | ||||||
| |||||||
| |||||||
| 1 | practice under this Act, or who has applied for licensure under | ||||||
| 2 | this Act, to submit to a mental or physical examination, or | ||||||
| 3 | both, as required by and at the expense of the Department. The | ||||||
| 4 | Department may order the examining physician to present | ||||||
| 5 | testimony concerning the mental or physical examination of the | ||||||
| 6 | licensee or applicant. No information shall be excluded by | ||||||
| 7 | reason of any common law or statutory privilege relating to | ||||||
| 8 | communications between the licensee or applicant and the | ||||||
| 9 | examining physician. The examining physician shall be | ||||||
| 10 | specifically designated by the Department. The individual to be | ||||||
| 11 | examined may have, at his or her own expense, another physician | ||||||
| 12 | of his or her choice present during all aspects of this | ||||||
| 13 | examination. The examination shall be performed by a physician | ||||||
| 14 | licensed to practice medicine in all its branches. Failure of | ||||||
| 15 | an individual to submit to a mental or physical examination, | ||||||
| 16 | when directed, shall result in an automatic suspension without | ||||||
| 17 | hearing. | ||||||
| 18 | A person holding a license under this Act or who has | ||||||
| 19 | applied for a license under this Act, who, because of a | ||||||
| 20 | physical or mental illness or disability, including, but not | ||||||
| 21 | limited to, deterioration through the aging process or loss of | ||||||
| 22 | motor skill, is unable to practice the profession with | ||||||
| 23 | reasonable judgment, skill, or safety, may be required by the | ||||||
| 24 | Department to submit to care, counseling, or treatment by | ||||||
| 25 | physicians approved or designated by the Department as a | ||||||
| 26 | condition, term, or restriction for continued, reinstated, or | ||||||
| |||||||
| |||||||
| 1 | renewed licensure to practice. Submission to care, counseling, | ||||||
| 2 | or treatment as required by the Department shall not be | ||||||
| 3 | considered discipline of a license. If the licensee refuses to | ||||||
| 4 | enter into a care, counseling, or treatment agreement or fails | ||||||
| 5 | to abide by the terms of the agreement, the Department may file | ||||||
| 6 | a complaint to revoke, suspend, or otherwise discipline the | ||||||
| 7 | license of the individual. The Secretary may order the license | ||||||
| 8 | suspended immediately, pending a hearing by the Department. | ||||||
| 9 | Fines shall not be assessed in disciplinary actions involving | ||||||
| 10 | physical or mental illness or impairment. | ||||||
| 11 | In instances in which the Secretary immediately suspends a | ||||||
| 12 | person's license under this Section, a hearing on that person's | ||||||
| 13 | license must be convened by the Department within 15 days after | ||||||
| 14 | the suspension and completed without appreciable delay. The | ||||||
| 15 | Department shall have the authority to review the subject | ||||||
| 16 | individual's record of treatment and counseling regarding the | ||||||
| 17 | impairment to the extent permitted by applicable federal | ||||||
| 18 | statutes and regulations safeguarding the confidentiality of | ||||||
| 19 | medical records. | ||||||
| 20 | An individual licensed under this Act and affected under | ||||||
| 21 | this Section shall be afforded an opportunity to demonstrate to | ||||||
| 22 | the Department that he or she can resume practice in compliance | ||||||
| 23 | with acceptable and prevailing standards under the provisions | ||||||
| 24 | of his or her license. | ||||||
| 25 | (Source: P.A. 97-226, eff. 7-28-11; 97-877, eff. 8-2-12; | ||||||
| 26 | revised 11-14-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 500. The Private Detective, Private Alarm, Private | ||||||
| 2 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
| 3 | amended by changing Section 25-20 as follows:
| ||||||
| 4 | (225 ILCS 447/25-20)
| ||||||
| 5 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 6 | Sec. 25-20. Training; private security contractor and
| ||||||
| 7 | employees. | ||||||
| 8 | (a) Registered employees of the private security
| ||||||
| 9 | contractor agency who provide traditional guarding or other
| ||||||
| 10 | private security related functions or who respond to alarm
| ||||||
| 11 | systems shall complete, within 30 days of their employment, a
| ||||||
| 12 | minimum of 20 hours of classroom basic training provided by a
| ||||||
| 13 | qualified instructor, which shall include the following
| ||||||
| 14 | subjects:
| ||||||
| 15 | (1) The law regarding arrest and search and seizure
as | ||||||
| 16 | it applies to private security.
| ||||||
| 17 | (2) Civil and criminal liability for acts related
to | ||||||
| 18 | private security.
| ||||||
| 19 | (3) The use of force, including but not limited to
the | ||||||
| 20 | use of nonlethal force (i.e., disabling spray, baton,
| ||||||
| 21 | stungun or similar weapon).
| ||||||
| 22 | (4) Arrest and control techniques.
| ||||||
| 23 | (5) The offenses under the Criminal Code of 2012
that | ||||||
| 24 | are directly related to the protection of persons and
| ||||||
| |||||||
| |||||||
| 1 | property.
| ||||||
| 2 | (6) The law on private security forces and on
reporting | ||||||
| 3 | to law enforcement agencies.
| ||||||
| 4 | (7) Fire prevention, fire equipment, and fire
safety.
| ||||||
| 5 | (8) The procedures for
report writing.
| ||||||
| 6 | (9) Civil rights and public relations.
| ||||||
| 7 | (10) The identification of terrorists, acts of | ||||||
| 8 | terrorism, and terrorist organizations, as defined by | ||||||
| 9 | federal and State statutes.
| ||||||
| 10 | (b) All other employees of a private security contractor
| ||||||
| 11 | agency shall complete a minimum of 20 hours of training
| ||||||
| 12 | provided by the qualified instructor within 30 days of their
| ||||||
| 13 | employment. The substance of the training shall be related to
| ||||||
| 14 | the work performed by the registered employee.
| ||||||
| 15 | (c) Registered employees of the private security | ||||||
| 16 | contractor agency who
provide
guarding or other private | ||||||
| 17 | security related functions, in addition to the
classroom | ||||||
| 18 | training
required under subsection (a), within 6 months of | ||||||
| 19 | their employment,
shall complete
an additional 8 hours of | ||||||
| 20 | training on subjects to be determined by the
employer, which
| ||||||
| 21 | training may be site-specific and may be conducted on the job.
| ||||||
| 22 | (d) In addition to the basic training provided for in | ||||||
| 23 | subsections (a) and
(c),
registered employees of the private | ||||||
| 24 | security contractor agency who provide
guarding or other
| ||||||
| 25 | private security related functions
shall complete an
| ||||||
| 26 | additional
8 hours of refresher training on subjects to be | ||||||
| |||||||
| |||||||
| 1 | determined by the
employer
each calendar year commencing with | ||||||
| 2 | the
calendar year
following the employee's first employment | ||||||
| 3 | anniversary date,
which
refresher training may be | ||||||
| 4 | site-specific and may be conducted on the job.
| ||||||
| 5 | (e) It is the responsibility of the employer to certify,
on | ||||||
| 6 | a form provided by the Department, that the employee has
| ||||||
| 7 | successfully completed the basic and refresher training. The
| ||||||
| 8 | form shall be a permanent record of training completed by the
| ||||||
| 9 | employee and shall be placed in the employee's file with the
| ||||||
| 10 | employer for the period the employee remains with the
employer. | ||||||
| 11 | An agency may place a notarized copy of the
Department form in | ||||||
| 12 | lieu of the original into the permanent
employee registration | ||||||
| 13 | card file. The original form shall be
given to the employee | ||||||
| 14 | when his or her employment is
terminated. Failure to return the | ||||||
| 15 | original form to the
employee is grounds for disciplinary | ||||||
| 16 | action. The employee
shall not be required to repeat the | ||||||
| 17 | required training once the
employee has been issued the form. | ||||||
| 18 | An employer may provide or
require additional training.
| ||||||
| 19 | (f) Any certification of completion of the 20-hour basic
| ||||||
| 20 | training issued under the Private Detective, Private Alarm,
| ||||||
| 21 | Private Security and Locksmith Act of 1993 or any prior Act
| ||||||
| 22 | shall be accepted as proof of training under this Act.
| ||||||
| 23 | (Source: P.A. 97-1150, eff. 1-25-13; 98-253, eff. 8-9-13; | ||||||
| 24 | revised 9-24-13.)
| ||||||
| 25 | Section 505. The Illinois Public Accounting Act is amended | ||||||
| |||||||
| |||||||
| 1 | by changing Sections 2.1 and 28 as follows:
| ||||||
| 2 | (225 ILCS 450/2.1) (from Ch. 111, par. 5503)
| ||||||
| 3 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 4 | Sec. 2.1. Illinois Administrative Procedure Act. The | ||||||
| 5 | Illinois Administrative Procedure
Act is hereby expressly | ||||||
| 6 | adopted and incorporated herein as if all of the
provisions of | ||||||
| 7 | that Act were included in this Act, except that the provision | ||||||
| 8 | of
subsection (d) of Section 10-65 of the Illinois | ||||||
| 9 | Administrative Procedure Act
that provides that at hearings the | ||||||
| 10 | licensee has the right to show compliance
with all lawful | ||||||
| 11 | requirements for retention, continuation or renewal of the
| ||||||
| 12 | license is specifically excluded. For the purposes of this Act | ||||||
| 13 | the notice
required under Section 10-25 of the Illinois | ||||||
| 14 | Administrative Procedure Act is deemed
sufficient when mailed | ||||||
| 15 | to the licensee's address of record.
| ||||||
| 16 | (Source: P.A. 98-254, eff. 8-9-13; revised 11-14-13.)
| ||||||
| 17 | (225 ILCS 450/28) (from Ch. 111, par. 5534)
| ||||||
| 18 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
| 19 | Sec. 28. Criminal penalties. Each of the following acts | ||||||
| 20 | perpetrated in the State
of Illinois is a Class A misdemeanor: .
| ||||||
| 21 | (a) the practice of accountancy activities as defined | ||||||
| 22 | in paragraph (1) of subsection (a) of Section 8.05 without | ||||||
| 23 | an active CPA license in
violation of the provisions of | ||||||
| 24 | this Act;
| ||||||
| |||||||
| |||||||
| 1 | (b) the obtaining or attempting to obtain licensure as | ||||||
| 2 | a licensed CPA
or registration as a registered CPA by | ||||||
| 3 | fraud;
| ||||||
| 4 | (c) the use of the title "Certified Public Accountant", | ||||||
| 5 | "public accountant", or the abbreviation "C.P.A.", "RCPA", | ||||||
| 6 | "LCPA", "PA" or use of any similar words or letters | ||||||
| 7 | indicating the user is a certified public accountant, or | ||||||
| 8 | the title "Registered Certified Public Accountant"; | ||||||
| 9 | (c-5) (blank);
| ||||||
| 10 | (d) the use of the title
"Certified Public Accountant", | ||||||
| 11 | "public accountant", or the
abbreviation "C.P.A.", "RCPA", | ||||||
| 12 | "LCPA", "PA" or any similar words or letters indicating | ||||||
| 13 | that the
members are certified public accountants, by any | ||||||
| 14 | partnership, limited liability company, corporation, or | ||||||
| 15 | other entity in violation of this Act;
| ||||||
| 16 | (e) the unauthorized practice in the performance of | ||||||
| 17 | accountancy activities as defined in Section 8.05 and in | ||||||
| 18 | violation of this Act;
| ||||||
| 19 | (f) (blank);
| ||||||
| 20 | (g) making false statements to the Department
| ||||||
| 21 | regarding
compliance with
continuing professional | ||||||
| 22 | education or peer review requirements;
| ||||||
| 23 | (h) (Blank). | ||||||
| 24 | (Source: P.A. 98-254, eff. 8-9-13; revised 11-12-13.)
| ||||||
| 25 | Section 510. The Real Estate License Act of 2000 is amended | ||||||
| |||||||
| |||||||
| 1 | by changing Sections 5-32 and 20-20 as follows:
| ||||||
| 2 | (225 ILCS 454/5-32) | ||||||
| 3 | (Section scheduled to be repealed on January 1, 2020) | ||||||
| 4 | Sec. 5-32. Real estate auction certification. | ||||||
| 5 | (a) An auctioneer licensed under the Auction License Act | ||||||
| 6 | who does not possess a valid and active broker's or managing | ||||||
| 7 | broker's license under this Act, or who is not otherwise exempt | ||||||
| 8 | from licensure, may not engage in the practice of auctioning | ||||||
| 9 | real estate, except as provided in this Section. | ||||||
| 10 | (b) The Department shall issue a real estate auction | ||||||
| 11 | certification to applicants who: | ||||||
| 12 | (1) possess a valid auctioneer's license under the | ||||||
| 13 | Auction License Act; | ||||||
| 14 | (2) successfully complete a real estate auction course | ||||||
| 15 | of at least 30 hours approved by the Department, which | ||||||
| 16 | shall cover the scope of activities that may be engaged in | ||||||
| 17 | by a person holding a real estate auction certification and | ||||||
| 18 | the activities for which a person must hold a real estate | ||||||
| 19 | license, as well as other material as provided by the | ||||||
| 20 | Department; | ||||||
| 21 | (3) provide documentation of the completion of the real | ||||||
| 22 | estate auction course; and | ||||||
| 23 | (4) successfully complete any other reasonable | ||||||
| 24 | requirements as provided by rule. | ||||||
| 25 | (c) The auctioneer's role shall be limited to establishing | ||||||
| |||||||
| |||||||
| 1 | the time, place, and method of the real estate auction, placing | ||||||
| 2 | advertisements regarding the auction, and crying or calling the | ||||||
| 3 | auction; any other real estate brokerage activities must be | ||||||
| 4 | performed by a person holding a valid and active real estate | ||||||
| 5 | broker's or managing broker's license under the provisions of | ||||||
| 6 | this Act or by a person who is exempt from holding a license | ||||||
| 7 | under paragraph (13) of Section 5-20 who has a certificate | ||||||
| 8 | under this Section. | ||||||
| 9 | (d) An auctioneer who conducts any real estate auction | ||||||
| 10 | activities in violation of this Section is guilty of unlicensed | ||||||
| 11 | practice under Section 20-10 of this Act. | ||||||
| 12 | (e) The Department may revoke, suspend, or otherwise | ||||||
| 13 | discipline the real estate auction certification of an | ||||||
| 14 | auctioneer who is adjudicated to be in violation of the | ||||||
| 15 | provisions of this Section or Section 20-15 of the Auction | ||||||
| 16 | License Act. | ||||||
| 17 | (f) Advertising for the real estate auction must contain | ||||||
| 18 | the name and address of the licensed real estate broker, | ||||||
| 19 | managing broker, or a licensed auctioneer under paragraph (13) | ||||||
| 20 | of Section 5-20 of this Act who is providing brokerage services | ||||||
| 21 | for the transaction. | ||||||
| 22 | (g) The requirement to hold a real estate auction | ||||||
| 23 | certification shall not apply to a person exempt from this Act | ||||||
| 24 | under the provisions of paragraph (13) of Section subsection | ||||||
| 25 | 5-20 of this Act, unless that person is performing licensed | ||||||
| 26 | activities in a transaction in which a licensed auctioneer with | ||||||
| |||||||
| |||||||
| 1 | a real estate certification is providing the limited services | ||||||
| 2 | provided for in subsection (c) of this Section. | ||||||
| 3 | (h) Nothing in this Section shall require a person licensed | ||||||
| 4 | under this Act as a real estate broker or managing broker to | ||||||
| 5 | obtain a real estate auction certification in order to auction | ||||||
| 6 | real estate. | ||||||
| 7 | (i) The Department may adopt rules to implement this | ||||||
| 8 | Section.
| ||||||
| 9 | (Source: P.A. 98-553, eff. 1-1-14; revised 11-15-13.)
| ||||||
| 10 | (225 ILCS 454/20-20)
| ||||||
| 11 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
| 12 | Sec. 20-20. Grounds for discipline. | ||||||
| 13 | (a) The Department may refuse to issue or renew a license, | ||||||
| 14 | may place on probation, suspend,
or
revoke any
license, | ||||||
| 15 | reprimand, or take any other disciplinary or non-disciplinary | ||||||
| 16 | action as the Department may deem proper and impose a
fine not | ||||||
| 17 | to exceed
$25,000 upon any licensee or applicant under this Act | ||||||
| 18 | or any person who holds himself or herself out as an applicant | ||||||
| 19 | or licensee or against a licensee in handling his or her own | ||||||
| 20 | property, whether held by deed, option, or otherwise, for any | ||||||
| 21 | one or any combination of the
following causes:
| ||||||
| 22 | (1) Fraud or misrepresentation in applying for, or | ||||||
| 23 | procuring, a license under this Act or in connection with | ||||||
| 24 | applying for renewal of a license under this Act.
| ||||||
| 25 | (2) The conviction of or plea of guilty or plea of nolo | ||||||
| |||||||
| |||||||
| 1 | contendere to a felony or misdemeanor in this State or any | ||||||
| 2 | other jurisdiction; or the entry of an administrative | ||||||
| 3 | sanction by a government agency in this State or any other | ||||||
| 4 | jurisdiction. Action taken under this paragraph (2) for a | ||||||
| 5 | misdemeanor or an administrative sanction is limited to a | ||||||
| 6 | misdemeanor or administrative sanction that has as an
| ||||||
| 7 | essential element dishonesty or fraud or involves larceny, | ||||||
| 8 | embezzlement,
or obtaining money, property, or credit by | ||||||
| 9 | false pretenses or by means of a
confidence
game.
| ||||||
| 10 | (3) Inability to practice the profession with | ||||||
| 11 | reasonable judgment, skill, or safety as a result of a | ||||||
| 12 | physical illness, including, but not limited to, | ||||||
| 13 | deterioration through the aging process or loss of motor | ||||||
| 14 | skill, or a mental illness or disability.
| ||||||
| 15 | (4) Practice under this Act as a licensee in a retail | ||||||
| 16 | sales establishment from an office, desk, or space that
is | ||||||
| 17 | not
separated from the main retail business by a separate | ||||||
| 18 | and distinct area within
the
establishment.
| ||||||
| 19 | (5) Having been disciplined by another state, the | ||||||
| 20 | District of Columbia, a territory, a foreign nation, or a | ||||||
| 21 | governmental agency authorized to impose discipline if at | ||||||
| 22 | least one of the grounds for that discipline is the same as | ||||||
| 23 | or
the
equivalent of one of the grounds for which a | ||||||
| 24 | licensee may be disciplined under this Act. A certified | ||||||
| 25 | copy of the record of the action by the other state or | ||||||
| 26 | jurisdiction shall be prima facie evidence thereof.
| ||||||
| |||||||
| |||||||
| 1 | (6) Engaging in the practice of real estate brokerage
| ||||||
| 2 | without a
license or after the licensee's license was | ||||||
| 3 | expired or while the license was
inoperative.
| ||||||
| 4 | (7) Cheating on or attempting to subvert the Real
| ||||||
| 5 | Estate License Exam or continuing education exam. | ||||||
| 6 | (8) Aiding or abetting an applicant
to
subvert or cheat | ||||||
| 7 | on the Real Estate License Exam or continuing education | ||||||
| 8 | exam
administered pursuant to this Act.
| ||||||
| 9 | (9) Advertising that is inaccurate, misleading, or | ||||||
| 10 | contrary to the provisions of the Act.
| ||||||
| 11 | (10) Making any substantial misrepresentation or | ||||||
| 12 | untruthful advertising.
| ||||||
| 13 | (11) Making any false promises of a character likely to | ||||||
| 14 | influence,
persuade,
or induce.
| ||||||
| 15 | (12) Pursuing a continued and flagrant course of | ||||||
| 16 | misrepresentation or the
making
of false promises through | ||||||
| 17 | licensees, employees, agents, advertising, or
otherwise.
| ||||||
| 18 | (13) Any misleading or untruthful advertising, or | ||||||
| 19 | using any trade name or
insignia of membership in any real | ||||||
| 20 | estate organization of which the licensee is
not a member.
| ||||||
| 21 | (14) Acting for more than one party in a transaction | ||||||
| 22 | without providing
written
notice to all parties for whom | ||||||
| 23 | the licensee acts.
| ||||||
| 24 | (15) Representing or attempting to represent a broker | ||||||
| 25 | other than the
sponsoring broker.
| ||||||
| 26 | (16) Failure to account for or to remit any moneys or | ||||||
| |||||||
| |||||||
| 1 | documents coming into
his or her possession that belong to | ||||||
| 2 | others.
| ||||||
| 3 | (17) Failure to maintain and deposit in a special | ||||||
| 4 | account, separate and
apart from
personal and other | ||||||
| 5 | business accounts, all escrow moneys belonging to others
| ||||||
| 6 | entrusted to a licensee
while acting as a real estate | ||||||
| 7 | broker, escrow agent, or temporary custodian of
the funds | ||||||
| 8 | of others or
failure to maintain all escrow moneys on | ||||||
| 9 | deposit in the account until the
transactions are
| ||||||
| 10 | consummated or terminated, except to the extent that the | ||||||
| 11 | moneys, or any part
thereof, shall be: | ||||||
| 12 | (A)
disbursed prior to the consummation or | ||||||
| 13 | termination (i) in accordance with
the
written | ||||||
| 14 | direction of
the principals to the transaction or their | ||||||
| 15 | duly authorized agents, (ii) in accordance with
| ||||||
| 16 | directions providing for the
release, payment, or | ||||||
| 17 | distribution of escrow moneys contained in any written
| ||||||
| 18 | contract signed by the
principals to the transaction or | ||||||
| 19 | their duly authorized agents,
or (iii)
pursuant to an | ||||||
| 20 | order of a court of competent
jurisdiction; or | ||||||
| 21 | (B) deemed abandoned and transferred to the Office | ||||||
| 22 | of the State Treasurer to be handled as unclaimed | ||||||
| 23 | property pursuant to the Uniform Disposition of | ||||||
| 24 | Unclaimed Property Act. Escrow moneys may be deemed | ||||||
| 25 | abandoned under this subparagraph (B) only: (i) in the | ||||||
| 26 | absence of disbursement under subparagraph (A); (ii) | ||||||
| |||||||
| |||||||
| 1 | in the absence of notice of the filing of any claim in | ||||||
| 2 | a court of competent jurisdiction; and (iii) if 6 | ||||||
| 3 | months have elapsed after the receipt of a written | ||||||
| 4 | demand for the escrow moneys from one of the principals | ||||||
| 5 | to the transaction or the principal's duly authorized | ||||||
| 6 | agent.
| ||||||
| 7 | The account
shall be noninterest
bearing, unless the | ||||||
| 8 | character of the deposit is such that payment of interest
| ||||||
| 9 | thereon is otherwise
required by law or unless the | ||||||
| 10 | principals to the transaction specifically
require, in | ||||||
| 11 | writing, that the
deposit be placed in an interest bearing | ||||||
| 12 | account.
| ||||||
| 13 | (18) Failure to make available to the Department all | ||||||
| 14 | escrow records and related documents
maintained in | ||||||
| 15 | connection
with the practice of real estate within 24 hours | ||||||
| 16 | of a request for those
documents by Department personnel.
| ||||||
| 17 | (19) Failing to furnish copies upon request of | ||||||
| 18 | documents relating to a
real
estate transaction to a party | ||||||
| 19 | who has executed that document.
| ||||||
| 20 | (20) Failure of a sponsoring broker to timely provide | ||||||
| 21 | information, sponsor
cards,
or termination of licenses to | ||||||
| 22 | the Department.
| ||||||
| 23 | (21) Engaging in dishonorable, unethical, or | ||||||
| 24 | unprofessional conduct of a
character
likely to deceive, | ||||||
| 25 | defraud, or harm the public.
| ||||||
| 26 | (22) Commingling the money or property of others with | ||||||
| |||||||
| |||||||
| 1 | his or her own money or property.
| ||||||
| 2 | (23) Employing any person on a purely temporary or | ||||||
| 3 | single deal basis as a
means
of evading the law regarding | ||||||
| 4 | payment of commission to nonlicensees on some
contemplated
| ||||||
| 5 | transactions.
| ||||||
| 6 | (24) Permitting the use of his or her license as a | ||||||
| 7 | broker to enable a
salesperson or
unlicensed person to | ||||||
| 8 | operate a real estate business without actual
| ||||||
| 9 | participation therein and control
thereof by the broker.
| ||||||
| 10 | (25) Any other conduct, whether of the same or a | ||||||
| 11 | different character from
that
specified in this Section, | ||||||
| 12 | that constitutes dishonest dealing.
| ||||||
| 13 | (26) Displaying a "for rent" or "for sale" sign on any | ||||||
| 14 | property without
the written
consent of an owner or his or | ||||||
| 15 | her duly authorized agent or advertising by any
means that | ||||||
| 16 | any property is
for sale or for rent without the written | ||||||
| 17 | consent of the owner or his or her
authorized agent.
| ||||||
| 18 | (27) Failing to provide information requested by the | ||||||
| 19 | Department, or otherwise respond to that request, within 30 | ||||||
| 20 | days of
the
request.
| ||||||
| 21 | (28) Advertising by means of a blind advertisement, | ||||||
| 22 | except as otherwise
permitted in Section 10-30 of this Act.
| ||||||
| 23 | (29) Offering guaranteed sales plans, as defined in | ||||||
| 24 | clause (A) of
this subdivision (29), except to
the extent | ||||||
| 25 | hereinafter set forth:
| ||||||
| 26 | (A) A "guaranteed sales plan" is any real estate | ||||||
| |||||||
| |||||||
| 1 | purchase or sales plan
whereby a licensee enters into a | ||||||
| 2 | conditional or unconditional written contract
with a | ||||||
| 3 | seller, prior to entering into a brokerage agreement | ||||||
| 4 | with the seller, by the
terms of which a licensee | ||||||
| 5 | agrees to purchase a property of the seller within a
| ||||||
| 6 | specified period of time
at a specific price in the | ||||||
| 7 | event the property is not sold in accordance with
the | ||||||
| 8 | terms of a brokerage agreement to be entered into | ||||||
| 9 | between the sponsoring broker and the seller.
| ||||||
| 10 | (B) A licensee offering a guaranteed sales plan | ||||||
| 11 | shall provide the
details
and conditions of the plan in | ||||||
| 12 | writing to the party to whom the plan is
offered.
| ||||||
| 13 | (C) A licensee offering a guaranteed sales plan | ||||||
| 14 | shall provide to the
party
to whom the plan is offered | ||||||
| 15 | evidence of sufficient financial resources to
satisfy | ||||||
| 16 | the commitment to
purchase undertaken by the broker in | ||||||
| 17 | the plan.
| ||||||
| 18 | (D) Any licensee offering a guaranteed sales plan | ||||||
| 19 | shall undertake to
market the property of the seller | ||||||
| 20 | subject to the plan in the same manner in
which the | ||||||
| 21 | broker would
market any other property, unless the | ||||||
| 22 | agreement with the seller provides
otherwise.
| ||||||
| 23 | (E) The licensee cannot purchase seller's property | ||||||
| 24 | until the brokerage agreement has ended according to | ||||||
| 25 | its terms or is otherwise terminated. | ||||||
| 26 | (F) Any licensee who fails to perform on a | ||||||
| |||||||
| |||||||
| 1 | guaranteed sales plan in
strict accordance with its | ||||||
| 2 | terms shall be subject to all the penalties provided
in | ||||||
| 3 | this Act for
violations thereof and, in addition, shall | ||||||
| 4 | be subject to a civil fine payable
to the party injured | ||||||
| 5 | by the
default in an amount of up to $25,000.
| ||||||
| 6 | (30) Influencing or attempting to influence, by any | ||||||
| 7 | words or acts, a
prospective
seller, purchaser, occupant, | ||||||
| 8 | landlord, or tenant of real estate, in connection
with | ||||||
| 9 | viewing, buying, or
leasing real estate, so as to promote | ||||||
| 10 | or tend to promote the continuance
or maintenance of
| ||||||
| 11 | racially and religiously segregated housing or so as to | ||||||
| 12 | retard, obstruct, or
discourage racially
integrated | ||||||
| 13 | housing on or in any street, block, neighborhood, or | ||||||
| 14 | community.
| ||||||
| 15 | (31) Engaging in any act that constitutes a violation | ||||||
| 16 | of any provision of
Article 3 of the Illinois Human Rights | ||||||
| 17 | Act, whether or not a complaint has
been filed with or
| ||||||
| 18 | adjudicated by the Human Rights Commission.
| ||||||
| 19 | (32) Inducing any party to a contract of sale or lease | ||||||
| 20 | or brokerage
agreement to
break the contract of sale or | ||||||
| 21 | lease or brokerage agreement for the purpose of
| ||||||
| 22 | substituting, in lieu
thereof, a new contract for sale or | ||||||
| 23 | lease or brokerage agreement with a third
party.
| ||||||
| 24 | (33) Negotiating a sale, exchange, or lease of real | ||||||
| 25 | estate directly with
any person
if the licensee knows that | ||||||
| 26 | the person has an exclusive brokerage
agreement with | ||||||
| |||||||
| |||||||
| 1 | another
broker, unless specifically authorized by that | ||||||
| 2 | broker.
| ||||||
| 3 | (34) When a licensee is also an attorney, acting as the | ||||||
| 4 | attorney for
either the
buyer or the seller in the same | ||||||
| 5 | transaction in which the licensee is acting or
has acted as | ||||||
| 6 | a broker
or salesperson.
| ||||||
| 7 | (35) Advertising or offering merchandise or services | ||||||
| 8 | as free if any
conditions or
obligations necessary for | ||||||
| 9 | receiving the merchandise or services are not
disclosed in | ||||||
| 10 | the same
advertisement or offer. These conditions or | ||||||
| 11 | obligations include without
limitation the
requirement | ||||||
| 12 | that the recipient attend a promotional activity or visit a | ||||||
| 13 | real
estate site. As used in this
subdivision (35), "free" | ||||||
| 14 | includes terms such as "award", "prize", "no charge",
"free | ||||||
| 15 | of charge",
"without charge", and similar words or phrases | ||||||
| 16 | that reasonably lead a person to
believe that he or she
may | ||||||
| 17 | receive or has been selected to receive something of value, | ||||||
| 18 | without any
conditions or
obligations on the part of the | ||||||
| 19 | recipient.
| ||||||
| 20 | (36) Disregarding or violating any provision of the | ||||||
| 21 | Land Sales
Registration Act of 1989, the Illinois Real | ||||||
| 22 | Estate
Time-Share Act, or the published rules promulgated | ||||||
| 23 | by the Department to enforce
those Acts.
| ||||||
| 24 | (37) Violating the terms of a disciplinary order
issued | ||||||
| 25 | by the Department.
| ||||||
| 26 | (38) Paying or failing to disclose compensation in | ||||||
| |||||||
| |||||||
| 1 | violation of Article 10 of this Act.
| ||||||
| 2 | (39) Requiring a party to a transaction who is not a | ||||||
| 3 | client of the
licensee
to allow the licensee to retain a | ||||||
| 4 | portion of the escrow moneys for payment of
the licensee's | ||||||
| 5 | commission or expenses as a condition for release of the | ||||||
| 6 | escrow
moneys to that party.
| ||||||
| 7 | (40) Disregarding or violating any provision of this | ||||||
| 8 | Act or the published
rules
promulgated by the Department to | ||||||
| 9 | enforce this Act or aiding or abetting any individual,
| ||||||
| 10 | partnership, registered limited liability partnership, | ||||||
| 11 | limited liability
company, or corporation in
disregarding | ||||||
| 12 | any provision of this Act or the published rules | ||||||
| 13 | promulgated by the Department
to enforce this Act.
| ||||||
| 14 | (41) Failing to provide the minimum services required | ||||||
| 15 | by Section 15-75 of this Act when acting under an exclusive | ||||||
| 16 | brokerage agreement.
| ||||||
| 17 | (42) Habitual or excessive use or addiction to alcohol, | ||||||
| 18 | narcotics, stimulants, or any other chemical agent or drug | ||||||
| 19 | that results in a managing broker, broker, salesperson, or | ||||||
| 20 | leasing agent's inability to practice with reasonable | ||||||
| 21 | skill or safety. | ||||||
| 22 | (43) Enabling, aiding, or abetting an auctioneer, as | ||||||
| 23 | defined in the Auction License Act, to conduct a real | ||||||
| 24 | estate auction in a manner that is in violation of this | ||||||
| 25 | Act. | ||||||
| 26 | (b) The Department may refuse to issue or renew or may | ||||||
| |||||||
| |||||||
| 1 | suspend the license of any person who fails to file a return, | ||||||
| 2 | pay the tax, penalty or interest shown in a filed return, or | ||||||
| 3 | pay any final assessment of tax, penalty, or interest, as | ||||||
| 4 | required by any tax Act administered by the Department of | ||||||
| 5 | Revenue, until such time as the requirements of that tax Act | ||||||
| 6 | are satisfied in accordance with subsection (g) of Section | ||||||
| 7 | 2105-15 of the Civil Administrative Code of Illinois. | ||||||
| 8 | (c) The Department shall deny a license or renewal | ||||||
| 9 | authorized by this Act to a person who has defaulted on an | ||||||
| 10 | educational loan or scholarship provided or guaranteed by the | ||||||
| 11 | Illinois Student Assistance Commission or any governmental | ||||||
| 12 | agency of this State in accordance with item (5) of subsection | ||||||
| 13 | (a) (g) of Section 2105-15 of the Civil Administrative Code of | ||||||
| 14 | Illinois. | ||||||
| 15 | (d) In cases where the Department of Healthcare and Family | ||||||
| 16 | Services (formerly Department of Public Aid) has previously | ||||||
| 17 | determined that a licensee or a potential licensee is more than | ||||||
| 18 | 30 days delinquent in the payment of child support and has | ||||||
| 19 | subsequently certified the delinquency to the Department may | ||||||
| 20 | refuse to issue or renew or may revoke or suspend that person's | ||||||
| 21 | license or may take other disciplinary action against that | ||||||
| 22 | person based solely upon the certification of delinquency made | ||||||
| 23 | by the Department of Healthcare and Family Services in | ||||||
| 24 | accordance with item (5) of subsection (a) (g) of Section | ||||||
| 25 | 2105-15 of the Civil Administrative Code of Illinois. | ||||||
| 26 | (e) In enforcing this Section, the Department or Board upon | ||||||
| |||||||
| |||||||
| 1 | a showing of a possible violation may compel an individual | ||||||
| 2 | licensed to practice under this Act, or who has applied for | ||||||
| 3 | licensure under this Act, to submit to a mental or physical | ||||||
| 4 | examination, or both, as required by and at the expense of the | ||||||
| 5 | Department. The Department or Board may order the examining | ||||||
| 6 | physician to present testimony concerning the mental or | ||||||
| 7 | physical examination of the licensee or applicant. No | ||||||
| 8 | information shall be excluded by reason of any common law or | ||||||
| 9 | statutory privilege relating to communications between the | ||||||
| 10 | licensee or applicant and the examining physician. The | ||||||
| 11 | examining physicians shall be specifically designated by the | ||||||
| 12 | Board or Department. The individual to be examined may have, at | ||||||
| 13 | his or her own expense, another physician of his or her choice | ||||||
| 14 | present during all aspects of this examination. Failure of an | ||||||
| 15 | individual to submit to a mental or physical examination, when | ||||||
| 16 | directed, shall be grounds for suspension of his or her license | ||||||
| 17 | until the individual submits to the examination if the | ||||||
| 18 | Department finds, after notice and hearing, that the refusal to | ||||||
| 19 | submit to the examination was without reasonable cause. | ||||||
| 20 | If the Department or Board finds an individual unable to | ||||||
| 21 | practice because of the reasons set forth in this Section, the | ||||||
| 22 | Department or Board may require that individual to submit to | ||||||
| 23 | care, counseling, or treatment by physicians approved or | ||||||
| 24 | designated by the Department or Board, as a condition, term, or | ||||||
| 25 | restriction for continued, reinstated, or renewed licensure to | ||||||
| 26 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
| |||||||
| |||||||
| 1 | Department may file, or the Board may recommend to the | ||||||
| 2 | Department to file, a complaint to immediately suspend, revoke, | ||||||
| 3 | or otherwise discipline the license of the individual. An | ||||||
| 4 | individual whose license was granted, continued, reinstated, | ||||||
| 5 | renewed, disciplined or supervised subject to such terms, | ||||||
| 6 | conditions, or restrictions, and who fails to comply with such | ||||||
| 7 | terms, conditions, or restrictions, shall be referred to the | ||||||
| 8 | Secretary for a determination as to whether the individual | ||||||
| 9 | shall have his or her license suspended immediately, pending a | ||||||
| 10 | hearing by the Department. | ||||||
| 11 | In instances in which the Secretary immediately suspends a | ||||||
| 12 | person's license under this Section, a hearing on that person's | ||||||
| 13 | license must be convened by the Department within 30 days after | ||||||
| 14 | the suspension and completed without appreciable delay. The | ||||||
| 15 | Department and Board shall have the authority to review the | ||||||
| 16 | subject individual's record of treatment and counseling | ||||||
| 17 | regarding the impairment to the extent permitted by applicable | ||||||
| 18 | federal statutes and regulations safeguarding the | ||||||
| 19 | confidentiality of medical records. | ||||||
| 20 | An individual licensed under this Act and affected under | ||||||
| 21 | this Section shall be afforded an opportunity to demonstrate to | ||||||
| 22 | the Department or Board that he or she can resume practice in | ||||||
| 23 | compliance with acceptable and prevailing standards under the | ||||||
| 24 | provisions of his or her license. | ||||||
| 25 | (Source: P.A. 97-813, eff. 7-13-12; 97-1002, eff. 8-17-12; | ||||||
| 26 | 98-553, eff. 1-1-14; revised 11-14-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 515. The Hydraulic Fracturing Regulatory Act is | ||||||
| 2 | amended by changing Sections 1-15, 1-35, 1-60, 1-70, 1-75, and | ||||||
| 3 | 1-95 as follows:
| ||||||
| 4 | (225 ILCS 732/1-15)
| ||||||
| 5 | Sec. 1-15. Powers and duties. | ||||||
| 6 | (a) Except as otherwise provided, the Department shall | ||||||
| 7 | enforce this Act and all rules and orders adopted in accordance | ||||||
| 8 | with this Act.
| ||||||
| 9 | (b) Except as otherwise provided, the Department shall have | ||||||
| 10 | jurisdiction and authority over all persons and property | ||||||
| 11 | necessary to enforce the provisions of this Act effectively. In | ||||||
| 12 | aid of this jurisdiction, the Director, or anyone designated in | ||||||
| 13 | writing by the Director, shall have the authority to administer | ||||||
| 14 | oaths and to issue subpoenas for the production of records or | ||||||
| 15 | other documents and for the attendance of witnesses at any | ||||||
| 16 | proceedings of the Department.
| ||||||
| 17 | (c) The Department may authorize any employee of the | ||||||
| 18 | Department, qualified by training and experience, to perform | ||||||
| 19 | the powers and duties set forth in this Act.
| ||||||
| 20 | (d) For the purpose of determining compliance with the | ||||||
| 21 | provisions of this Act and any orders or rules entered or | ||||||
| 22 | adopted under this Act, the Department shall have the right at | ||||||
| 23 | all times to go upon and inspect properties where high volume | ||||||
| 24 | horizontal hydraulic fracturing operations are being or have | ||||||
| |||||||
| |||||||
| 1 | been conducted.
| ||||||
| 2 | (e) The Department shall make any inquiries as it may deem | ||||||
| 3 | proper to determine whether a violation of this Act or any | ||||||
| 4 | orders or rules entered or adopted under this Act exists or is | ||||||
| 5 | imminent. In the exercise of these powers, the Department shall | ||||||
| 6 | have the authority to collect data; to require testing and | ||||||
| 7 | sampling; to make investigation and inspections; to examine | ||||||
| 8 | properties, including records and logs; to examine, check, and | ||||||
| 9 | test hydrocarbon wells; to hold hearings; to adopt | ||||||
| 10 | administrative rules; and to take any action as may be | ||||||
| 11 | reasonably necessary to enforce this Act.
| ||||||
| 12 | (f) Except as otherwise provided, the Department may | ||||||
| 13 | specify the manner in which all information required to be | ||||||
| 14 | submitted under this Act is submitted.
| ||||||
| 15 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-18-13.)
| ||||||
| 16 | (225 ILCS 732/1-35)
| ||||||
| 17 | Sec. 1-35. High volume horizontal hydraulic fracturing | ||||||
| 18 | permit application. | ||||||
| 19 | (a) Every applicant for a permit under this Act shall first | ||||||
| 20 | register with the Department at least 30 days before applying | ||||||
| 21 | for a permit. The Department shall make available a | ||||||
| 22 | registration form within 90 days after the effective date of | ||||||
| 23 | this Act. The registration form shall require the following | ||||||
| 24 | information:
| ||||||
| 25 | (1) the name and address of the registrant and any | ||||||
| |||||||
| |||||||
| 1 | parent, subsidiary, or affiliate thereof;
| ||||||
| 2 | (2) disclosure of all findings of a serious violation | ||||||
| 3 | or an equivalent violation under federal or state laws or | ||||||
| 4 | regulations in the development or operation of an oil or | ||||||
| 5 | gas exploration or production site via hydraulic | ||||||
| 6 | fracturing by the applicant or any parent, subsidiary, or | ||||||
| 7 | affiliate thereof within the previous 5 years; and
| ||||||
| 8 | (3) proof of insurance to cover injuries, damages, or | ||||||
| 9 | loss related to pollution or diminution in the amount of at | ||||||
| 10 | least $5,000,000, from an insurance carrier authorized, | ||||||
| 11 | licensed, or permitted to do this insurance business in | ||||||
| 12 | this State that holds at least an A- rating by A.M. Best & | ||||||
| 13 | Co. or any comparable rating service.
| ||||||
| 14 | A registrant must notify the Department of any change in | ||||||
| 15 | the information identified in paragraphs (1), (2), or (3) of | ||||||
| 16 | this subsection (a) at least annually or upon request of the | ||||||
| 17 | Department.
| ||||||
| 18 | (b) Every applicant for a permit under this Act must submit | ||||||
| 19 | the following information to the Department on an application | ||||||
| 20 | form provided by the Department:
| ||||||
| 21 | (1) the name and address of the applicant and any | ||||||
| 22 | parent, subsidiary, or affiliate thereof;
| ||||||
| 23 | (2) the proposed well name and address and legal | ||||||
| 24 | description of the well site and its unit area;
| ||||||
| 25 | (3) a statement whether the proposed location of the | ||||||
| 26 | well site is in compliance with the requirements of Section | ||||||
| |||||||
| |||||||
| 1 | 1-25 of this Act and a plat, which shows the proposed | ||||||
| 2 | surface location of the well site, providing the distance | ||||||
| 3 | in feet, from the surface location of the well site to the | ||||||
| 4 | features described in subsection (a) of Section 1-25 of | ||||||
| 5 | this Act;
| ||||||
| 6 | (4) a detailed description of the proposed well to be | ||||||
| 7 | used for the high volume horizontal hydraulic fracturing | ||||||
| 8 | operations including, but not limited to, the following | ||||||
| 9 | information:
| ||||||
| 10 | (A) the approximate total depth to which the well | ||||||
| 11 | is to be drilled or deepened;
| ||||||
| 12 | (B) the proposed angle and direction of the well;
| ||||||
| 13 | (C) the actual depth or the approximate depth at | ||||||
| 14 | which the well to be drilled deviates from vertical;
| ||||||
| 15 | (D) the angle and direction of any nonvertical | ||||||
| 16 | portion of the wellbore until the well reaches its | ||||||
| 17 | total target depth or its actual final depth; and
| ||||||
| 18 | (E) the estimated length and direction of the | ||||||
| 19 | proposed horizontal lateral or wellbore;
| ||||||
| 20 | (5) the estimated depth and elevation, according to the | ||||||
| 21 | most recent publication of the Illinois State Geological | ||||||
| 22 | Survey of Groundwater for the location of the well, of the | ||||||
| 23 | lowest potential fresh water along the entire length of the | ||||||
| 24 | proposed wellbore;
| ||||||
| 25 | (6) a detailed description of the proposed high volume | ||||||
| 26 | horizontal hydraulic fracturing operations, including, but | ||||||
| |||||||
| |||||||
| 1 | not limited to, the following:
| ||||||
| 2 | (A) the formation affected by the high volume | ||||||
| 3 | horizontal hydraulic fracturing operations, including, | ||||||
| 4 | but not limited to, geologic name and geologic | ||||||
| 5 | description of the formation that will be stimulated by | ||||||
| 6 | the operation;
| ||||||
| 7 | (B) the anticipated surface treating pressure | ||||||
| 8 | range;
| ||||||
| 9 | (C) the maximum anticipated injection treating | ||||||
| 10 | pressure;
| ||||||
| 11 | (D) the estimated or calculated fracture pressure | ||||||
| 12 | of the producing and confining zones; and
| ||||||
| 13 | (E) the planned depth of all proposed perforations | ||||||
| 14 | or depth to the top of the open hole section;
| ||||||
| 15 | (7) a plat showing all known previous wellbores well | ||||||
| 16 | bores within 750 feet of any part of the horizontal | ||||||
| 17 | wellbore well bore that penetrated within 400 vertical feet | ||||||
| 18 | of the formation that will be stimulated as part of the | ||||||
| 19 | high volume horizontal hydraulic fracturing operations;
| ||||||
| 20 | (8) unless the applicant documents why the information | ||||||
| 21 | is not available at the time the application is submitted, | ||||||
| 22 | a chemical disclosure report identifying each chemical and | ||||||
| 23 | proppant anticipated to be used in hydraulic fracturing | ||||||
| 24 | fluid for each stage of the hydraulic fracturing operations | ||||||
| 25 | including the following:
| ||||||
| 26 | (A) the total volume of water anticipated to be | ||||||
| |||||||
| |||||||
| 1 | used in the hydraulic fracturing treatment of the well | ||||||
| 2 | or the type and total volume of the base fluid | ||||||
| 3 | anticipated to be used in the hydraulic fracturing | ||||||
| 4 | treatment, if something other than water;
| ||||||
| 5 | (B) each hydraulic fracturing additive anticipated | ||||||
| 6 | to be used in the hydraulic fracturing fluid, including | ||||||
| 7 | the trade name, vendor, a brief descriptor of the | ||||||
| 8 | intended use or function of each hydraulic fracturing | ||||||
| 9 | additive, and the Material Safety Data Sheet (MSDS), if | ||||||
| 10 | applicable;
| ||||||
| 11 | (C) each chemical anticipated to be intentionally | ||||||
| 12 | added to the base fluid, including for each chemical, | ||||||
| 13 | the Chemical Abstracts Service number, if applicable; | ||||||
| 14 | and
| ||||||
| 15 | (D) the anticipated concentration in the base | ||||||
| 16 | fluid, in percent by mass, of each chemical to be | ||||||
| 17 | intentionally added to the base fluid;
| ||||||
| 18 | (9) a certification of compliance with the Water Use | ||||||
| 19 | Act of 1983 and applicable regional water supply plans;
| ||||||
| 20 | (10) a fresh water withdrawal and management plan that | ||||||
| 21 | shall include the following information:
| ||||||
| 22 | (A) the source of the water, such as surface or | ||||||
| 23 | groundwater, anticipated to be used for water | ||||||
| 24 | withdrawals, and the anticipated withdrawal location;
| ||||||
| 25 | (B) the anticipated volume and rate of each water | ||||||
| 26 | withdrawal from each withdrawal location; | ||||||
| |||||||
| |||||||
| 1 | (C) the anticipated months when water withdrawals | ||||||
| 2 | shall be made from each withdrawal location;
| ||||||
| 3 | (D) the methods to be used to minimize water | ||||||
| 4 | withdrawals as much as feasible; and
| ||||||
| 5 | (E) the methods to be used for surface water | ||||||
| 6 | withdrawals to minimize adverse impact to aquatic | ||||||
| 7 | life. | ||||||
| 8 | Where a surface water source is wholly contained within | ||||||
| 9 | a single property, and the owner of the property expressly | ||||||
| 10 | agrees in writing to its use for water withdrawals, the | ||||||
| 11 | applicant is not required to include this surface water | ||||||
| 12 | source in the fresh water withdrawal and management plan; .
| ||||||
| 13 | (11) a plan for the handling, storage, transportation, | ||||||
| 14 | and disposal or reuse of hydraulic fracturing fluids and | ||||||
| 15 | hydraulic fracturing flowback. The plan shall identify the | ||||||
| 16 | specific Class II injection well or wells that will be used | ||||||
| 17 | to dispose of the hydraulic fracturing flowback. The plan | ||||||
| 18 | shall describe the capacity of the tanks to be used for the | ||||||
| 19 | capture and storage of flowback and of the lined reserve | ||||||
| 20 | pit to be used, if necessary, to temporarily store any | ||||||
| 21 | flowback in excess of the capacity of the tanks. | ||||||
| 22 | Identification of the Class II injection well or wells | ||||||
| 23 | shall be by name, identification number, and specific | ||||||
| 24 | location and shall include the date of the most recent | ||||||
| 25 | mechanical integrity test for each Class II injection well;
| ||||||
| 26 | (12) a well site safety plan to address proper safety | ||||||
| |||||||
| |||||||
| 1 | measures to be employed during high volume horizontal | ||||||
| 2 | hydraulic fracturing operations for the protection of | ||||||
| 3 | persons on the site as well as the general public. Within | ||||||
| 4 | 15 calendar days after submitting the permit application to | ||||||
| 5 | the Department, the applicant must provide a copy of the | ||||||
| 6 | plan to the county or counties in which hydraulic | ||||||
| 7 | fracturing operations will occur. Within 5 calendar days of | ||||||
| 8 | its receipt, the Department shall provide a copy of the | ||||||
| 9 | well site safety plan to the Office of the State Fire | ||||||
| 10 | Marshal;
| ||||||
| 11 | (13) a containment plan describing the containment | ||||||
| 12 | practices and equipment to be used and the area of the well | ||||||
| 13 | site where containment systems will be employed, and within | ||||||
| 14 | 5 calendar days of its receipt, the Department shall | ||||||
| 15 | provide a copy of the containment plan to the Office of the | ||||||
| 16 | State Fire Marshal;
| ||||||
| 17 | (14) a casing and cementing plan that describes the | ||||||
| 18 | casing and cementing practices to be employed, including | ||||||
| 19 | the size of each string of pipe, the starting point, and | ||||||
| 20 | depth to which each string is to be set and the extent to | ||||||
| 21 | which each string is to be cemented;
| ||||||
| 22 | (15) a traffic management plan that identifies the | ||||||
| 23 | anticipated roads, streets, and highways that will be used | ||||||
| 24 | for access to and egress from the well site. The traffic | ||||||
| 25 | management plan will include a point of contact to discuss | ||||||
| 26 | issues related to traffic management. Within 15 calendar | ||||||
| |||||||
| |||||||
| 1 | days after submitting the permit application to the | ||||||
| 2 | Department, the applicant must provide a copy of the | ||||||
| 3 | traffic management plan to the county or counties in which | ||||||
| 4 | the well site is located, and within 5 calendar days of its | ||||||
| 5 | receipt, the Department shall provide a copy of the traffic | ||||||
| 6 | management plan to the Office of the State Fire Marshal;
| ||||||
| 7 | (16) the names and addresses of all owners of any real | ||||||
| 8 | property within 1,500 feet of the proposed well site, as | ||||||
| 9 | disclosed by the records in the office of the recorder of | ||||||
| 10 | the county or counties;
| ||||||
| 11 | (17) drafts of the specific public notice and general | ||||||
| 12 | public notice as required by Section 1-40 of this Act;
| ||||||
| 13 | (18) a statement that the well site at which the high | ||||||
| 14 | volume horizontal hydraulic fracturing operation will be | ||||||
| 15 | conducted will be restored in compliance with Section | ||||||
| 16 | 240.1181 of Title 62 of the Illinois Administrative Code | ||||||
| 17 | and Section 1-95 of this Act;
| ||||||
| 18 | (19) proof of insurance to cover injuries, damages, or | ||||||
| 19 | loss related to pollution in the amount of at least | ||||||
| 20 | $5,000,000; and
| ||||||
| 21 | (20) any other relevant information which the | ||||||
| 22 | Department may, by rule, require.
| ||||||
| 23 | (c) Where an application is made to conduct high volume | ||||||
| 24 | horizontal fracturing operations at a well site located within | ||||||
| 25 | the limits of any city, village, or incorporated town, the | ||||||
| 26 | application shall state the name of the city, village, or | ||||||
| |||||||
| |||||||
| 1 | incorporated town and be accompanied with a certified copy of | ||||||
| 2 | the official consent for the hydraulic fracturing operations to | ||||||
| 3 | occur from the municipal authorities where the well site is | ||||||
| 4 | proposed to be located. No permit shall be issued unless | ||||||
| 5 | consent is secured and filed with the permit application. In | ||||||
| 6 | the event that an amended location is selected, the original | ||||||
| 7 | permit shall not be valid unless a new certified consent is | ||||||
| 8 | filed for the amended location.
| ||||||
| 9 | (d) The hydraulic fracturing permit application shall be | ||||||
| 10 | accompanied by a bond as required by subsection (a) of Section | ||||||
| 11 | 1-65 of this Act.
| ||||||
| 12 | (e) Each application for a permit under this Act shall | ||||||
| 13 | include payment of a non-refundable fee of $13,500. Of this | ||||||
| 14 | fee, $11,000 shall be deposited into the Mines and Minerals | ||||||
| 15 | Regulatory Fund for the Department to use to administer and | ||||||
| 16 | enforce this Act and otherwise support the operations and | ||||||
| 17 | programs of the Office of Mines and Minerals. The remaining | ||||||
| 18 | $2,500 shall be deposited into the Illinois Clean Water Fund | ||||||
| 19 | for the Agency to use to carry out its functions under this | ||||||
| 20 | Act. The Department shall not initiate its review of the permit | ||||||
| 21 | application until the applicable fee under this subsection (e) | ||||||
| 22 | has been submitted to and received by the Department.
| ||||||
| 23 | (f) Each application submitted under this Act shall be | ||||||
| 24 | signed, under the penalty of perjury, by the applicant or the | ||||||
| 25 | applicant's designee who has been vested with the authority to | ||||||
| 26 | act on behalf of the applicant and has direct knowledge of the | ||||||
| |||||||
| |||||||
| 1 | information contained in the application and its attachments. | ||||||
| 2 | Any person signing an application shall also sign an affidavit | ||||||
| 3 | with the following certification:
| ||||||
| 4 | "I certify, under penalty of perjury as provided by law | ||||||
| 5 | and under penalty of refusal, suspension, or revocation of | ||||||
| 6 | a high volume horizontal hydraulic fracturing permit, that | ||||||
| 7 | this application and all attachments are true, accurate, | ||||||
| 8 | and complete to the best of my knowledge.".
| ||||||
| 9 | (g) The permit application shall be submitted to the | ||||||
| 10 | Department in both electronic and hard copy format. The | ||||||
| 11 | electronic format shall be searchable.
| ||||||
| 12 | (h) The application for a high volume horizontal hydraulic | ||||||
| 13 | fracturing permit may be submitted as a combined permit | ||||||
| 14 | application with the operator's application to drill on a form | ||||||
| 15 | as the Department shall prescribe. The combined application | ||||||
| 16 | must include the information required in this Section. If the | ||||||
| 17 | operator elects to submit a combined permit application, | ||||||
| 18 | information required by this Section that is duplicative of | ||||||
| 19 | information required for an application to drill is only | ||||||
| 20 | required to be provided once as part of the combined | ||||||
| 21 | application. The submission of a combined permit application | ||||||
| 22 | under this subsection shall not be interpreted to relieve the | ||||||
| 23 | applicant or the Department from complying with the | ||||||
| 24 | requirements of this Act or the Illinois Oil and Gas Act.
| ||||||
| 25 | (i) Upon receipt of a permit application, the Department | ||||||
| 26 | shall have no more than 60 calendar days from the date it | ||||||
| |||||||
| |||||||
| 1 | receives the permit application to approve, with any conditions | ||||||
| 2 | the Department may find necessary, or reject the application | ||||||
| 3 | for the high volume horizontal hydraulic fracturing permit. The | ||||||
| 4 | applicant may waive, in writing, the 60-day deadline upon its | ||||||
| 5 | own initiative or in response to a request by the Department.
| ||||||
| 6 | (j) If at any time during the review period the Department | ||||||
| 7 | determines that the permit application is not complete under | ||||||
| 8 | this Act, does not meet the requirements of this Section, or | ||||||
| 9 | requires additional information, the Department shall notify | ||||||
| 10 | the applicant in writing of the application's deficiencies and | ||||||
| 11 | allow the applicant to correct the deficiencies and provide the | ||||||
| 12 | Department any information requested to complete the | ||||||
| 13 | application. If the applicant fails to provide adequate | ||||||
| 14 | supplemental information within the review period, the | ||||||
| 15 | Department may reject the application.
| ||||||
| 16 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
| ||||||
| 17 | (225 ILCS 732/1-60)
| ||||||
| 18 | Sec. 1-60. High volume horizontal hydraulic fracturing | ||||||
| 19 | permit; denial, suspension, or revocation. | ||||||
| 20 | (a) The Department may suspend, revoke, or refuse to issue | ||||||
| 21 | a high volume horizontal hydraulic fracturing permit under this | ||||||
| 22 | Act for one or more of the following causes:
| ||||||
| 23 | (1) providing incorrect, misleading, incomplete, or | ||||||
| 24 | materially untrue information in a permit application or | ||||||
| 25 | any document required to be filed with the Department;
| ||||||
| |||||||
| |||||||
| 1 | (2) violating any condition of the permit;
| ||||||
| 2 | (3) violating any provision of or any regulation | ||||||
| 3 | adopted under this Act or the Illinois Oil and Gas Act;
| ||||||
| 4 | (4) using fraudulent, coercive, or dishonest | ||||||
| 5 | practices, or demonstrating incompetence, | ||||||
| 6 | untrustworthiness, or financial irresponsibility in the | ||||||
| 7 | conduct of business in this State or elsewhere;
| ||||||
| 8 | (5) having a high volume horizontal hydraulic | ||||||
| 9 | fracturing permit, or its equivalent, revoked in any other | ||||||
| 10 | state, province, district, or territory for incurring a | ||||||
| 11 | material or major violation or using fraudulent or | ||||||
| 12 | dishonest practices; or
| ||||||
| 13 | (6) an emergency condition exists under which conduct | ||||||
| 14 | of the high volume horizontal hydraulic fracturing | ||||||
| 15 | operations would pose a significant hazard to public | ||||||
| 16 | health, aquatic life, wildlife, or the environment.
| ||||||
| 17 | (b) In every case in which a permit is suspended or | ||||||
| 18 | revoked, the Department shall serve notice of its action, | ||||||
| 19 | including a statement of the reasons for the action, either | ||||||
| 20 | personally or by certified mail, receipt return requested, to | ||||||
| 21 | the permittee.
| ||||||
| 22 | (c) The order of suspension or revocation of a permit shall | ||||||
| 23 | take effect upon issuance of the order. The permittee may | ||||||
| 24 | request, in writing, within 30 days after the date of receiving | ||||||
| 25 | the notice, a hearing. Except as provided under subsection (d) | ||||||
| 26 | of this Section, in the event a hearing is requested, the order | ||||||
| |||||||
| |||||||
| 1 | shall remain in effect until a final order is entered pursuant | ||||||
| 2 | to the hearing.
| ||||||
| 3 | (d) The order of suspension or revocation of a permit may | ||||||
| 4 | be stayed if requested by the permittee and evidence is | ||||||
| 5 | submitted demonstrating that there is no significant threat to | ||||||
| 6 | the public health, aquatic life, wildlife, or the environment | ||||||
| 7 | if the operation is allowed to continue.
| ||||||
| 8 | (e) The hearing shall be held at a time and place | ||||||
| 9 | designated by the Department. The Director of the Department or | ||||||
| 10 | any administrative law judge designated by him or her has have | ||||||
| 11 | the power to administer oaths and affirmations, subpoena | ||||||
| 12 | witnesses and compel their attendance, take evidence, and | ||||||
| 13 | require the production of books, papers, correspondence, and | ||||||
| 14 | other records or information that he or she considers relevant | ||||||
| 15 | or material.
| ||||||
| 16 | (f) The costs of the administrative hearing shall be set by | ||||||
| 17 | rule and shall be borne by the permittee.
| ||||||
| 18 | (g) The Department's decision to suspend or revoke a high | ||||||
| 19 | volume horizontal hydraulic fracturing permit is subject to | ||||||
| 20 | judicial review under the Administrative Review Law.
| ||||||
| 21 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
| ||||||
| 22 | (225 ILCS 732/1-70)
| ||||||
| 23 | Sec. 1-70. Well preparation, construction, and drilling. | ||||||
| 24 | (a) This Section shall apply to all horizontal wells that | ||||||
| 25 | are to be completed using high volume horizontal hydraulic | ||||||
| |||||||
| |||||||
| 1 | fracturing operations under a high volume horizontal hydraulic | ||||||
| 2 | fracturing permit. The requirements of this Section shall be in | ||||||
| 3 | addition to any other laws or rules regarding wells and well | ||||||
| 4 | sites.
| ||||||
| 5 | (b) Site preparation standards shall be as follows: | ||||||
| 6 | (1) The access road to the well site must be located in | ||||||
| 7 | accordance with access rights identified in the Illinois | ||||||
| 8 | Oil and Gas Act and located as far as practical from | ||||||
| 9 | occupied structures, places of assembly, and property | ||||||
| 10 | lines of unleased property. | ||||||
| 11 | (2) Unless otherwise approved or directed by the | ||||||
| 12 | Department, all topsoil stripped to facilitate the | ||||||
| 13 | construction of the well pad and access roads must be | ||||||
| 14 | stockpiled, stabilized, and remain on site for use in | ||||||
| 15 | either partial or final reclamation. In the event it is | ||||||
| 16 | anticipated that the final reclamation shall take place in | ||||||
| 17 | excess of one year from drilling the well the topsoil may | ||||||
| 18 | be disposed of in any lawful manner provided the operator | ||||||
| 19 | reclaims the site with topsoil of similar characteristics | ||||||
| 20 | of the topsoil removed. | ||||||
| 21 | (3) Piping, conveyances, valves, and tanks in contact | ||||||
| 22 | with hydraulic fracturing fluid, hydraulic fracturing | ||||||
| 23 | flowback, or produced water must be constructed of | ||||||
| 24 | materials compatible with the composition of the hydraulic | ||||||
| 25 | fracturing fluid, hydraulic fracturing flowback, and | ||||||
| 26 | produced water.
| ||||||
| |||||||
| |||||||
| 1 | (4) The improvement, construction, or repair of a | ||||||
| 2 | publicly owned highway or roadway, if undertaken by the | ||||||
| 3 | owner, operator, permittee, or any other private entity, | ||||||
| 4 | shall be performed using bidding procedures outlined in the | ||||||
| 5 | Illinois Department of Transportation rules governing | ||||||
| 6 | local roads and streets or applicable bidding requirements | ||||||
| 7 | outlined in the Illinois Procurement Code as though the | ||||||
| 8 | project were publicly funded. | ||||||
| 9 | (c) Site maintenance standards shall be as follows: | ||||||
| 10 | (1) Secondary containment is required for all fueling | ||||||
| 11 | tanks. | ||||||
| 12 | (2) Fueling tanks shall be subject to Section 1-25 of | ||||||
| 13 | this Act. | ||||||
| 14 | (3) Fueling tank filling operations shall be | ||||||
| 15 | supervised at the fueling truck and at the tank if the tank | ||||||
| 16 | is not visible to the fueling operator from the truck. | ||||||
| 17 | (4) Troughs, drip pads, or drip pans are required | ||||||
| 18 | beneath the fill port of a fueling tank during filling | ||||||
| 19 | operations if the fill port is not within the secondary | ||||||
| 20 | containment required by paragraph (1) of this subsection. | ||||||
| 21 | (d) All wells shall be constructed, and casing and | ||||||
| 22 | cementing activities shall be conducted, in a manner that shall | ||||||
| 23 | provide for control of the well at all times, prevent the | ||||||
| 24 | migration of oil, gas, and other fluids into the fresh water | ||||||
| 25 | and coal seams, and prevent pollution or diminution of fresh | ||||||
| 26 | water. In addition to any of the Department's casing and | ||||||
| |||||||
| |||||||
| 1 | cementing requirements, the following shall apply: | ||||||
| 2 | (1) All casings must conform to the current industry | ||||||
| 3 | standards published by the American Petroleum Institute. | ||||||
| 4 | (2) Casing thread compound and its use must conform to | ||||||
| 5 | the current industry standards published by the American | ||||||
| 6 | Petroleum Institute. | ||||||
| 7 | (3) Surface casing shall be centralized at the shoe, | ||||||
| 8 | above and below a stage collar or diverting tool, if run, | ||||||
| 9 | and through usable-quality water zones. In non-deviated | ||||||
| 10 | holes, pipe centralization as follows is required: a | ||||||
| 11 | centralizer shall be placed every fourth joint from the | ||||||
| 12 | cement shoe to the ground surface or to the bottom of the | ||||||
| 13 | cellar. All centralizers shall meet specifications in, or | ||||||
| 14 | equivalent to, API Spec spec 10D, Specification for | ||||||
| 15 | Bow-Spring Casing Centralizers; API Spec 10 TR4, Technical | ||||||
| 16 | Report on Considerations Regarding Selection of | ||||||
| 17 | Centralizers for Primary Cementing Operations; and API RP | ||||||
| 18 | 10D-2, Recommended Practice for Centralizer Placement and | ||||||
| 19 | Stop Collar Testing. The Department may require additional | ||||||
| 20 | centralization as necessary to ensure the integrity of the | ||||||
| 21 | well design is adequate. All centralizers must conform to | ||||||
| 22 | the current industry standards published by the American | ||||||
| 23 | Petroleum Institute. | ||||||
| 24 | (4) Cement must conform to current industry standards | ||||||
| 25 | published by the American Petroleum Institute and the | ||||||
| 26 | cement slurry must be prepared to minimize its free water | ||||||
| |||||||
| |||||||
| 1 | content in accordance with the current industry standards | ||||||
| 2 | published by the American Petroleum Institute; the cement | ||||||
| 3 | must also: | ||||||
| 4 | (A) secure the casing in the wellbore; | ||||||
| 5 | (B) isolate and protect fresh groundwater; | ||||||
| 6 | (C) isolate abnormally pressured zones, lost | ||||||
| 7 | circulation zones, and any potential flow zones | ||||||
| 8 | including hydrocarbon and fluid-bearing zones; | ||||||
| 9 | (D) properly control formation pressure and any | ||||||
| 10 | pressure from drilling, completion and production; | ||||||
| 11 | (E) protect the casing from corrosion and | ||||||
| 12 | degradation; and | ||||||
| 13 | (F) prevent gas flow in the annulus. | ||||||
| 14 | (5) Prior to cementing any casing string, the borehole | ||||||
| 15 | must be circulated and conditioned to ensure an adequate | ||||||
| 16 | cement bond. | ||||||
| 17 | (6) A pre-flush or spacer must be pumped ahead of the | ||||||
| 18 | cement. | ||||||
| 19 | (7) The cement must be pumped at a rate and in a flow | ||||||
| 20 | regime that inhibits channeling of the cement in the | ||||||
| 21 | annulus. | ||||||
| 22 | (8) Cement compressive strength tests must be | ||||||
| 23 | performed on all surface, intermediate, and production | ||||||
| 24 | casing strings; after the cement is placed behind the | ||||||
| 25 | casing, the operator shall wait on cement to set until the | ||||||
| 26 | cement achieves a calculated compressive strength of at | ||||||
| |||||||
| |||||||
| 1 | least 500 pounds per square inch, and a minimum of 8 hours | ||||||
| 2 | before the casing is disturbed in any way, including | ||||||
| 3 | installation of a blowout preventer. The cement shall have | ||||||
| 4 | a 72-hour compressive strength of at least 1,200 psi, and | ||||||
| 5 | the free water separation shall be no more than 6 | ||||||
| 6 | milliliters per 250 milliliters of cement, tested in | ||||||
| 7 | accordance with current American Petroleum petroleum | ||||||
| 8 | Institute standards. | ||||||
| 9 | (9) A copy of the cement job log for any cemented | ||||||
| 10 | casing string in the well shall be maintained in the well | ||||||
| 11 | file and available to the Department upon request. | ||||||
| 12 | (10) Surface casing shall be used and set to a depth of | ||||||
| 13 | at least 200 feet, or 100 feet below the base of the | ||||||
| 14 | deepest fresh water, whichever is deeper, but no more than | ||||||
| 15 | 200 feet below the base of the deepest fresh water and | ||||||
| 16 | prior to encountering any hydrocarbon-bearing zones. The | ||||||
| 17 | surface casing must be run and cemented as soon as | ||||||
| 18 | practicable after the hole has been adequately circulated | ||||||
| 19 | and conditioned. | ||||||
| 20 | (11) The Department must be notified at least 24 hours | ||||||
| 21 | prior to surface casing cementing operations. Surface | ||||||
| 22 | casing must be fully cemented to the surface with excess | ||||||
| 23 | cements. Cementing must be by the pump and plug method with | ||||||
| 24 | a minimum of 25% excess cement with appropriate lost | ||||||
| 25 | circulation material, unless another amount of excess | ||||||
| 26 | cement is approved by the Department. If cement returns are | ||||||
| |||||||
| |||||||
| 1 | not observed at the surface, the operator must perform | ||||||
| 2 | remedial actions as appropriate. | ||||||
| 3 | (12) Intermediate casing must be installed when | ||||||
| 4 | necessary to isolate fresh water not isolated by surface | ||||||
| 5 | casing and to seal off potential flow zones, anomalous | ||||||
| 6 | pressure zones, lost circulation zones and other drilling | ||||||
| 7 | hazards. | ||||||
| 8 | Intermediate casing must be set to protect fresh water | ||||||
| 9 | if surface casing was set above the base of the deepest | ||||||
| 10 | fresh water, if additional fresh water was found below the | ||||||
| 11 | surface casing shoe, or both. Intermediate casing used to | ||||||
| 12 | isolate fresh water must not be used as the production | ||||||
| 13 | string in the well in which it is installed, and may not be | ||||||
| 14 | perforated for purposes of conducting a hydraulic fracture | ||||||
| 15 | treatment through it. | ||||||
| 16 | When intermediate casing is installed to protect fresh | ||||||
| 17 | water, the operator shall set a full string of new | ||||||
| 18 | intermediate casing at least 100 feet below the base of the | ||||||
| 19 | deepest fresh water and bring cement to the surface. In | ||||||
| 20 | instances where intermediate casing was set solely to | ||||||
| 21 | protect fresh water encountered below the surface casing | ||||||
| 22 | shoe, and cementing to the surface is technically | ||||||
| 23 | infeasible, would result in lost circulation, or both, | ||||||
| 24 | cement must be brought to a minimum of 600 feet above the | ||||||
| 25 | shallowest fresh water zone encountered below the surface | ||||||
| 26 | casing shoe or to the surface if the fresh water zone is | ||||||
| |||||||
| |||||||
| 1 | less than 600 feet from the surface. The location and | ||||||
| 2 | depths of any hydrocarbon-bearing zones or fresh water | ||||||
| 3 | zones that are open to the wellbore above the casing shoe | ||||||
| 4 | must be confirmed by coring, electric logs, or testing and | ||||||
| 5 | must be reported to the Department. | ||||||
| 6 | In the case that intermediate casing was set for a | ||||||
| 7 | reason other than to protect strata that contains fresh | ||||||
| 8 | water, the intermediate casing string shall be cemented | ||||||
| 9 | from the shoe to a point at least 600 true vertical feet | ||||||
| 10 | above the shoe. If there is a hydrocarbon-bearing | ||||||
| 11 | hydrocarbon bearing zone capable of producing exposed | ||||||
| 12 | above the intermediate casing shoe, the casing shall be | ||||||
| 13 | cemented from the shoe to a point at least 600 true | ||||||
| 14 | vertical feet above the shallowest hydrocarbon-bearing | ||||||
| 15 | hydrocarbon bearing zone or to a point at least 200 feet | ||||||
| 16 | above the shoe of the next shallower casing string that was | ||||||
| 17 | set and cemented in the well (or to the surface if less | ||||||
| 18 | than 200 feet). | ||||||
| 19 | (13) The Department must be notified prior to | ||||||
| 20 | intermediate casing cementing operations. Cementing must | ||||||
| 21 | be by the pump and plug method with a minimum of 25% excess | ||||||
| 22 | cement. A radial cement bond evaluation log, or other | ||||||
| 23 | evaluation approved by the Department, must be run to | ||||||
| 24 | verify the cement bond on the intermediate casing. Remedial | ||||||
| 25 | cementing is required if the cement bond is not adequate | ||||||
| 26 | for drilling ahead. | ||||||
| |||||||
| |||||||
| 1 | (14) Production casing must be run and fully cemented | ||||||
| 2 | to 500 feet above the top perforated zone, if possible. The | ||||||
| 3 | Department must be notified at least 24 hours prior to | ||||||
| 4 | production casing cementing operations. Cementing must be | ||||||
| 5 | by the pump and plug method with a minimum of 25% excess | ||||||
| 6 | cement. | ||||||
| 7 | (15) At any time, the Department, as it deems | ||||||
| 8 | necessary, may require installation of an additional | ||||||
| 9 | cemented casing string or strings in the well. | ||||||
| 10 | (16) After the setting and cementing of a casing | ||||||
| 11 | string, except the conductor casing, and prior to further | ||||||
| 12 | drilling, the casing string shall be tested with fresh | ||||||
| 13 | water, mud, or brine to no less than 0.22 psi per foot of | ||||||
| 14 | casing string length or 1,500 psi, whichever is greater but | ||||||
| 15 | not to exceed 70% of the minimum internal yield, for at | ||||||
| 16 | least 30 minutes with less than a 5% pressure loss, except | ||||||
| 17 | that any casing string that will have pressure exerted on | ||||||
| 18 | it during stimulation of the well shall be tested to at | ||||||
| 19 | least the maximum anticipated treatment pressure. If the | ||||||
| 20 | pressure declines more than 5% or if there are other | ||||||
| 21 | indications of a leak, corrective action shall be taken | ||||||
| 22 | before conducting further drilling and high volume | ||||||
| 23 | horizontal hydraulic fracturing operations. The operator | ||||||
| 24 | shall contact the Department's District Office for any | ||||||
| 25 | county in which the well is located at least 24 hours prior | ||||||
| 26 | to conducting a pressure test to enable an inspector to be | ||||||
| |||||||
| |||||||
| 1 | present when the test is done. A record of the pressure | ||||||
| 2 | test must be maintained by the operator and must be | ||||||
| 3 | submitted to the Department on a form prescribed by the | ||||||
| 4 | Department prior to conducting high volume horizontal | ||||||
| 5 | hydraulic fracturing operations. The actual pressure must | ||||||
| 6 | not exceed the test pressure at any time during high volume | ||||||
| 7 | horizontal hydraulic fracturing operations. | ||||||
| 8 | (17) Any hydraulic fracturing string used in the high | ||||||
| 9 | volume horizontal hydraulic fracturing operations must be | ||||||
| 10 | either strung into a production liner or run with a packer | ||||||
| 11 | set at least 100 feet below the deepest cement top and must | ||||||
| 12 | be tested to not less than the maximum anticipated treating | ||||||
| 13 | pressure minus the annulus pressure applied between the | ||||||
| 14 | fracturing string and the production or immediate casing. | ||||||
| 15 | The pressure test shall be considered successful if the | ||||||
| 16 | pressure applied has been held for 30 minutes with no more | ||||||
| 17 | than 5% pressure loss. A function-tested relief valve and | ||||||
| 18 | diversion line must be installed and used to divert flow | ||||||
| 19 | from the hydraulic fracturing string-casing annulus to a | ||||||
| 20 | covered watertight steel tank in case of hydraulic | ||||||
| 21 | fracturing string failure. The relief valve must be set to | ||||||
| 22 | limit the annular pressure to no more than 95% of the | ||||||
| 23 | working pressure rating of the casings forming the annulus. | ||||||
| 24 | The annulus between the hydraulic fracturing string and | ||||||
| 25 | casing must be pressurized to at least 250 psi and | ||||||
| 26 | monitored. | ||||||
| |||||||
| |||||||
| 1 | (18) After a successful pressure test under paragraph | ||||||
| 2 | (16) of this subsection, a formation pressure integrity | ||||||
| 3 | test must be conducted below the surface casing and below | ||||||
| 4 | all intermediate casing. The operator shall notify the | ||||||
| 5 | Department's District Office for any county in which the | ||||||
| 6 | well is located at least 24 hours prior to conducting a | ||||||
| 7 | formation pressure integrity test to enable an inspector to | ||||||
| 8 | be present when the test is done. A record of the pressure | ||||||
| 9 | test must be maintained by the operator and must be | ||||||
| 10 | submitted to the Department on a form prescribed by the | ||||||
| 11 | Department prior to conducting high volume horizontal | ||||||
| 12 | hydraulic fracturing operations. The actual hydraulic | ||||||
| 13 | fracturing treatment pressure must not exceed the test | ||||||
| 14 | pressure at any time during high volume horizontal | ||||||
| 15 | hydraulic fracturing operations.
| ||||||
| 16 | (e) Blowout prevention standards shall be set as follows: | ||||||
| 17 | (1) The operator shall use blowout prevention | ||||||
| 18 | equipment after setting casing with a competent casing | ||||||
| 19 | seat. Blowout prevention equipment shall be in good | ||||||
| 20 | working condition at all times. | ||||||
| 21 | (2) The operator shall use pipe fittings, valves, | ||||||
| 22 | and unions placed on or connected to the blow out | ||||||
| 23 | blow-out prevention systems that have a working | ||||||
| 24 | pressure capability that exceeds the anticipated | ||||||
| 25 | pressures. | ||||||
| 26 | (3) During all drilling and completion operations | ||||||
| |||||||
| |||||||
| 1 | when a blowout preventer is installed, tested, or in | ||||||
| 2 | use, the operator or operator's designated | ||||||
| 3 | representative shall be present at the well site and | ||||||
| 4 | that person or personnel shall have a current well | ||||||
| 5 | control certification from an accredited training | ||||||
| 6 | program that is acceptable to the Department. The | ||||||
| 7 | certification shall be available at the well site and | ||||||
| 8 | provided to the Department upon request. | ||||||
| 9 | (4) Appropriate pressure control procedures and | ||||||
| 10 | equipment in proper working order must be properly | ||||||
| 11 | installed and employed while conducting drilling and | ||||||
| 12 | completion operations including tripping, logging, | ||||||
| 13 | running casing into the well, and drilling out | ||||||
| 14 | solid-core stage plugs. | ||||||
| 15 | (5) Pressure testing of the blowout preventer and | ||||||
| 16 | related equipment for any drilling or completion | ||||||
| 17 | operation must be performed. Testing must be conducted | ||||||
| 18 | in accordance with current industry standards | ||||||
| 19 | published by the American Petroleum Institute. Testing | ||||||
| 20 | of the blowout preventer shall include testing after | ||||||
| 21 | the blowout preventer is installed on the well but | ||||||
| 22 | prior to drilling below the last cemented casing seat. | ||||||
| 23 | Pressure control equipment, including the blowout | ||||||
| 24 | preventer, that fails any pressure test shall not be | ||||||
| 25 | used until it is repaired and passes the pressure test. | ||||||
| 26 | (6) A remote blowout preventer actuator, that is | ||||||
| |||||||
| |||||||
| 1 | powered by a source other than rig hydraulics, shall be | ||||||
| 2 | located at least 50 feet from the wellhead and have an | ||||||
| 3 | appropriate rated working pressure.
| ||||||
| 4 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-14-13.)
| ||||||
| 5 | (225 ILCS 732/1-75)
| ||||||
| 6 | Sec. 1-75. High volume horizontal hydraulic fracturing | ||||||
| 7 | operations. | ||||||
| 8 | (a) General. | ||||||
| 9 | (1) During all phases of high volume horizontal | ||||||
| 10 | hydraulic fracturing operations, the permittee shall | ||||||
| 11 | comply with all terms of the permit. | ||||||
| 12 | (2) All phases of high volume horizontal hydraulic | ||||||
| 13 | fracturing operations shall be conducted in a manner that | ||||||
| 14 | shall not pose a significant risk to public health, life, | ||||||
| 15 | property, aquatic life, or wildlife. | ||||||
| 16 | (3) The permittee shall notify the Department by phone, | ||||||
| 17 | electronic communication, or letter, at least 48 hours | ||||||
| 18 | prior to the commencement of high volume horizontal | ||||||
| 19 | hydraulic fracturing operations. | ||||||
| 20 | (b) Integrity tests and monitoring. | ||||||
| 21 | (1) Before the commencement of high volume horizontal | ||||||
| 22 | hydraulic fracturing operations, all mechanical integrity | ||||||
| 23 | tests required under subsection (d) of Section 1-70 and | ||||||
| 24 | this subsection must be successfully completed. | ||||||
| 25 | (2) Prior to commencing high volume horizontal | ||||||
| |||||||
| |||||||
| 1 | hydraulic fracturing operations and pumping of hydraulic | ||||||
| 2 | fracturing fluid, the injection lines and manifold, | ||||||
| 3 | associated valves, fracture head or tree and any other | ||||||
| 4 | wellhead component or connection not previously tested | ||||||
| 5 | must be tested with fresh water, mud, or brine to at least | ||||||
| 6 | the maximum anticipated treatment pressure for at least 30 | ||||||
| 7 | minutes with less than a 5% pressure loss. A record of the | ||||||
| 8 | pressure test must be maintained by the operator and made | ||||||
| 9 | available to the Department upon request. The actual high | ||||||
| 10 | volume horizontal hydraulic fracturing treatment pressure | ||||||
| 11 | must not exceed the test pressure at any time during high | ||||||
| 12 | volume horizontal hydraulic fracturing operations. | ||||||
| 13 | (3) The pressure exerted on treating equipment | ||||||
| 14 | including valves, lines, manifolds, hydraulic fracturing | ||||||
| 15 | head or tree, casing and hydraulic fracturing string, if | ||||||
| 16 | used, must not exceed 95% of the working pressure rating of | ||||||
| 17 | the weakest component. The high volume horizontal | ||||||
| 18 | hydraulic fracturing treatment pressure must not exceed | ||||||
| 19 | the test pressure of any given component at any time during | ||||||
| 20 | high volume horizontal hydraulic fracturing operations. | ||||||
| 21 | (4) During high volume horizontal hydraulic fracturing | ||||||
| 22 | operations, all annulus pressures, the injection pressure, | ||||||
| 23 | and the rate of injection shall be continuously monitored | ||||||
| 24 | and recorded. The records of the monitoring shall be | ||||||
| 25 | maintained by the operator and shall be provided to the | ||||||
| 26 | Department upon request at any time during the period up to | ||||||
| |||||||
| |||||||
| 1 | and including 5 years after the well is permanently plugged | ||||||
| 2 | or abandoned. | ||||||
| 3 | (5) High volume horizontal hydraulic fracturing | ||||||
| 4 | operations must be immediately suspended if any anomalous | ||||||
| 5 | pressure or flow condition or any other anticipated | ||||||
| 6 | pressure or flow condition is occurring in a way that | ||||||
| 7 | indicates the mechanical integrity of the well has been | ||||||
| 8 | compromised and continued operations pose a risk to the | ||||||
| 9 | environment. Remedial action shall be undertaken | ||||||
| 10 | immediately prior to recommencing high volume horizontal | ||||||
| 11 | hydraulic fracturing operations. The permittee shall | ||||||
| 12 | notify the Department within 1 hour of suspending | ||||||
| 13 | operations for any matters relating to the mechanical | ||||||
| 14 | integrity of the well or risk to the environment. | ||||||
| 15 | (c) Fluid and waste management. | ||||||
| 16 | (1) For the purposes of storage at the well site and | ||||||
| 17 | except as provided in paragraph (2) of this subsection, | ||||||
| 18 | hydraulic fracturing additives, hydraulic fracturing | ||||||
| 19 | fluid, hydraulic fracturing flowback, and produced water | ||||||
| 20 | shall be stored in above-ground tanks during all phases of | ||||||
| 21 | drilling, high volume horizontal hydraulic fracturing, and | ||||||
| 22 | production operations until removed for proper disposal. | ||||||
| 23 | For the purposes of centralized storage off site for | ||||||
| 24 | potential reuse prior to disposal, hydraulic fracturing | ||||||
| 25 | additives, hydraulic fracturing fluid, hydraulic | ||||||
| 26 | fracturing flowback, and produced water shall be stored in | ||||||
| |||||||
| |||||||
| 1 | above-ground tanks. | ||||||
| 2 | (2) In accordance with the plan required by paragraph | ||||||
| 3 | (11) of subsection (b) of Section 1-35 of this Act and as | ||||||
| 4 | approved by the Department, the use of a reserve pit is | ||||||
| 5 | allowed for the temporary storage of hydraulic fracturing | ||||||
| 6 | flowback. The reserve pit shall be used only in the event | ||||||
| 7 | of a lack of capacity for tank storage due to higher than | ||||||
| 8 | expected volume or rate of hydraulic fracturing flowback, | ||||||
| 9 | or other unanticipated flowback occurrence. Any reserve | ||||||
| 10 | pit must comply with the following construction standards | ||||||
| 11 | and liner specifications: | ||||||
| 12 | (A) the synthetic liner material shall have a | ||||||
| 13 | minimum thickness of 24 mils with high puncture and | ||||||
| 14 | tear strength and be impervious and resistant to | ||||||
| 15 | deterioration; | ||||||
| 16 | (B) the pit lining system shall be designed to have | ||||||
| 17 | a capacity at least equivalent to 110% of the maximum | ||||||
| 18 | volume of hydraulic fracturing flowback anticipated to | ||||||
| 19 | be recovered; | ||||||
| 20 | (C) the lined pit shall be constructed, installed, | ||||||
| 21 | and maintained in accordance with the manufacturers' | ||||||
| 22 | specifications and good engineering practices to | ||||||
| 23 | prevent overflow during any use; | ||||||
| 24 | (D) the liner shall have sufficient elongation to | ||||||
| 25 | cover the bottom and interior sides of the pit with the | ||||||
| 26 | edges secured with at least a 12 inch deep anchor | ||||||
| |||||||
| |||||||
| 1 | trench around the pit perimeter to prevent any slippage | ||||||
| 2 | or destruction of the liner materials; and | ||||||
| 3 | (E) the foundation for the liner shall be free of | ||||||
| 4 | rock and constructed with soil having a minimum | ||||||
| 5 | thickness of 12 inches after compaction covering the | ||||||
| 6 | entire bottom and interior sides of the pit. | ||||||
| 7 | (3) Fresh water may be stored in tanks or pits at the | ||||||
| 8 | election of the operator. | ||||||
| 9 | (4) Tanks required under this subsection must be | ||||||
| 10 | above-ground tanks that are closed, watertight, and will | ||||||
| 11 | resist corrosion. The permittee shall routinely inspect | ||||||
| 12 | the tanks for corrosion. | ||||||
| 13 | (5) Hydraulic fracturing fluids and hydraulic | ||||||
| 14 | fracturing flowback must be removed from the well site | ||||||
| 15 | within 60 days after completion of high volume horizontal | ||||||
| 16 | fracturing operations, except that any excess hydraulic | ||||||
| 17 | fracturing flowback captured for temporary storage in a | ||||||
| 18 | reserve pit as provided in paragraph (2) of this subsection | ||||||
| 19 | must be removed from the well site within 7 days. | ||||||
| 20 | (6) Tanks, piping, and conveyances, including valves, | ||||||
| 21 | must be constructed of suitable materials, be of sufficient | ||||||
| 22 | pressure rating, be able to resist corrosion, and be | ||||||
| 23 | maintained in a leak-free condition. Fluid transfer | ||||||
| 24 | operations from tanks to tanker trucks must be supervised | ||||||
| 25 | at the truck and at the tank if the tank is not visible to | ||||||
| 26 | the truck operator from the truck. During transfer | ||||||
| |||||||
| |||||||
| 1 | operations, all interconnecting piping must be supervised | ||||||
| 2 | if not visible to transfer personnel at the truck and tank. | ||||||
| 3 | (7) Hydraulic fracturing flowback must be tested for | ||||||
| 4 | volatile organic chemicals, semi-volatile organic | ||||||
| 5 | chemicals, inorganic chemicals, heavy metals, and | ||||||
| 6 | naturally occurring radioactive material prior to removal | ||||||
| 7 | from the site. Testing shall occur once per well site and | ||||||
| 8 | the analytical results shall be filed with the Department | ||||||
| 9 | and the Agency, and provided to the liquid oilfield waste | ||||||
| 10 | transportation and disposal operators. Prior to plugging | ||||||
| 11 | and site restoration, the ground adjacent to the storage | ||||||
| 12 | tanks and any hydraulic fracturing flowback reserve pit | ||||||
| 13 | must be measured for radioactivity. | ||||||
| 14 | (8) Hydraulic fracturing flowback may only be disposed | ||||||
| 15 | of by injection into a Class II injection well that is | ||||||
| 16 | below interface between fresh water and naturally | ||||||
| 17 | occurring Class IV groundwater. Produced water may be | ||||||
| 18 | disposed of by injection in a permitted enhanced oil | ||||||
| 19 | recovery operation. Hydraulic fracturing flowback and | ||||||
| 20 | produced water may be treated and recycled for use in | ||||||
| 21 | hydraulic fracturing fluid for high volume horizontal | ||||||
| 22 | hydraulic fracturing operations. | ||||||
| 23 | (9) Discharge of hydraulic fracturing fluids, | ||||||
| 24 | hydraulic fracturing flowback, and produced water into any | ||||||
| 25 | surface water or water drainage way is prohibited. | ||||||
| 26 | (10) Transport of all hydraulic fracturing fluids, | ||||||
| |||||||
| |||||||
| 1 | hydraulic fracturing flowback, and produced water by | ||||||
| 2 | vehicle for disposal must be undertaken by a liquid | ||||||
| 3 | oilfield waste hauler permitted by the Department under | ||||||
| 4 | Section 8c of the Illinois Oil and Gas Act. The liquid | ||||||
| 5 | oilfield waste hauler transporting hydraulic fracturing | ||||||
| 6 | fluids, hydraulic fracturing flowback, or produced water | ||||||
| 7 | under this Act shall comply with all laws, rules, and | ||||||
| 8 | regulations concerning liquid oilfield waste. | ||||||
| 9 | (11) Drill cuttings, drilling fluids, and drilling | ||||||
| 10 | wastes not containing oil-based mud or polymer-based mud | ||||||
| 11 | may be stored in tanks or pits. Pits used to store | ||||||
| 12 | cuttings, fluids, and drilling wastes from wells not using | ||||||
| 13 | fresh water mud shall be subject to the construction | ||||||
| 14 | standards identified in paragraph (2) of this subsection | ||||||
| 15 | (c) Section. Drill cuttings not contaminated with | ||||||
| 16 | oil-based mud or polymer-based mud may be disposed of | ||||||
| 17 | onsite subject to the approval of the Department. Drill | ||||||
| 18 | cuttings contaminated with oil-based mud or polymer-based | ||||||
| 19 | mud shall not be disposed of onsite on site. Annular | ||||||
| 20 | disposal of drill cuttings or fluid is prohibited. | ||||||
| 21 | (12) Any release of hydraulic fracturing fluid, | ||||||
| 22 | hydraulic fracturing additive, or hydraulic fracturing | ||||||
| 23 | flowback, used or generated during or after high volume | ||||||
| 24 | horizontal hydraulic fracturing operations shall be | ||||||
| 25 | immediately cleaned up and remediated pursuant to | ||||||
| 26 | Department requirements. Any release of hydraulic | ||||||
| |||||||
| |||||||
| 1 | fracturing fluid or hydraulic fracturing flowback in | ||||||
| 2 | excess of 1 barrel, shall be reported to the Department. | ||||||
| 3 | Any release of a hydraulic fracturing additive shall be | ||||||
| 4 | reported to the Department in accordance with the | ||||||
| 5 | appropriate reportable quantity thresholds established | ||||||
| 6 | under the federal Emergency Planning and Community | ||||||
| 7 | Right-to-Know Act as published in the Code of Federal | ||||||
| 8 | Regulations (CFR), 40 CFR Parts 355, 370, and 372, the | ||||||
| 9 | federal Comprehensive Environmental Response, | ||||||
| 10 | Compensation, and Liability Act as published in 40 CFR Part | ||||||
| 11 | 302, and subsection (r) of Section 112 of the federal | ||||||
| 12 | Federal Clean Air Act as published in 40 CFR Part 68. Any | ||||||
| 13 | release of produced water in excess of 5 barrels shall be | ||||||
| 14 | cleaned up, remediated, and reported pursuant to | ||||||
| 15 | Department requirements. | ||||||
| 16 | (13) Secondary containment for tanks required under | ||||||
| 17 | this subsection and additive staging areas is required. | ||||||
| 18 | Secondary containment measures may include, as deemed | ||||||
| 19 | appropriate by the Department, one or a combination of the | ||||||
| 20 | following: dikes, liners, pads, impoundments, curbs, | ||||||
| 21 | sumps, or other structures or equipment capable of | ||||||
| 22 | containing the substance. Any secondary containment must | ||||||
| 23 | be sufficient to contain 110% of the total capacity of the | ||||||
| 24 | single largest container or tank within a common | ||||||
| 25 | containment area. No more than one hour before initiating | ||||||
| 26 | any stage of the high volume horizontal hydraulic | ||||||
| |||||||
| |||||||
| 1 | fracturing operations, all secondary containment must be | ||||||
| 2 | visually inspected to ensure all structures and equipment | ||||||
| 3 | are in place and in proper working order. The results of | ||||||
| 4 | this inspection must be recorded and documented by the | ||||||
| 5 | operator, and available to the Department upon request. | ||||||
| 6 | (14) A report on the transportation and disposal of the | ||||||
| 7 | hydraulic fracturing fluids and hydraulic fracturing | ||||||
| 8 | flowback shall be prepared and included in the well file. | ||||||
| 9 | The report must include the amount of fluids transported, | ||||||
| 10 | identification of the company that transported the fluids, | ||||||
| 11 | the destination of the fluids, and the method of disposal. | ||||||
| 12 | (15) Operators operating wells permitted under this | ||||||
| 13 | Act must submit an annual report to the Department | ||||||
| 14 | detailing the management of any produced water associated | ||||||
| 15 | with the permitted well. The report shall be due to the | ||||||
| 16 | Department no later than April 30th of each year and shall | ||||||
| 17 | provide information on the operator's management of any | ||||||
| 18 | produced water for the prior calendar year. The report | ||||||
| 19 | shall contain information relative to the amount of | ||||||
| 20 | produced water the well permitted under this Act produced, | ||||||
| 21 | the method by which the produced water was disposed, and | ||||||
| 22 | the destination where the produced water was disposed in | ||||||
| 23 | addition to any other information the Department | ||||||
| 24 | determines is necessary by rule. | ||||||
| 25 | (d) Hydraulic fracturing fluid shall be confined to the | ||||||
| 26 | targeted formation designated in the permit. If the hydraulic | ||||||
| |||||||
| |||||||
| 1 | fracturing fluid or hydraulic fracturing flowback are | ||||||
| 2 | migrating into the freshwater zone or to the surface from the | ||||||
| 3 | well in question or from other wells, the permittee shall | ||||||
| 4 | immediately notify the Department and shut in the well until | ||||||
| 5 | remedial action that prevents the fluid migration is completed. | ||||||
| 6 | The permittee shall obtain the approval of the Department prior | ||||||
| 7 | to resuming operations. | ||||||
| 8 | (e) Emissions controls. | ||||||
| 9 | (1) This subsection applies to all horizontal wells | ||||||
| 10 | that are completed with high volume horizontal hydraulic | ||||||
| 11 | fracturing. | ||||||
| 12 | (2) Except as otherwise provided in paragraph (8) of | ||||||
| 13 | this subsection (e), permittees shall be responsible for | ||||||
| 14 | managing gas and hydrocarbon fluids produced during the | ||||||
| 15 | flowback period by routing recovered hydrocarbon fluids to | ||||||
| 16 | one or more storage vessels or re-injecting into the well | ||||||
| 17 | or another well, and routing recovered natural gas into a | ||||||
| 18 | flow line or collection system, re-injecting the gas into | ||||||
| 19 | the well or another well, using the gas as an on-site fuel | ||||||
| 20 | source, or using the gas for another useful purpose that a | ||||||
| 21 | purchased fuel or raw material would serve, with no direct | ||||||
| 22 | release to the atmosphere. | ||||||
| 23 | (3) If it is technically infeasible or economically | ||||||
| 24 | unreasonable to minimize emissions associated with the | ||||||
| 25 | venting of hydrocarbon fluids and natural gas during the | ||||||
| 26 | flowback period using the methods specified in paragraph | ||||||
| |||||||
| |||||||
| 1 | (2) of this subsection (e), the permittee shall capture and | ||||||
| 2 | direct the emissions to a completion combustion device, | ||||||
| 3 | except in conditions that may result in a fire hazard or | ||||||
| 4 | explosion, or where high heat emissions from a completion | ||||||
| 5 | combustion device may negatively impact waterways. | ||||||
| 6 | Completion combustion devices must be equipped with a | ||||||
| 7 | reliable continuous ignition source over the duration of | ||||||
| 8 | the flowback period. | ||||||
| 9 | (4) Except as otherwise provided in paragraph (8) of | ||||||
| 10 | this subsection (e), permittees shall be responsible for | ||||||
| 11 | minimizing the emissions associated with venting of | ||||||
| 12 | hydrocarbon fluids and natural gas during the production | ||||||
| 13 | phase by: | ||||||
| 14 | (A) routing the recovered fluids into storage | ||||||
| 15 | vessels and (i) routing the recovered gas into a gas | ||||||
| 16 | gathering line, collection system, or to a generator | ||||||
| 17 | for onsite energy generation, providing that gas to the | ||||||
| 18 | surface owner of the well site for use for heat or | ||||||
| 19 | energy generation, or (ii) using another method other | ||||||
| 20 | than venting or flaring; and | ||||||
| 21 | (B) employing sand traps, surge vessels, | ||||||
| 22 | separators, and tanks as soon as practicable during | ||||||
| 23 | cleanout operations to safely maximize resource | ||||||
| 24 | recovery and minimize releases to the environment. | ||||||
| 25 | (5) If the permittee establishes that it is technically | ||||||
| 26 | infeasible or economically unreasonable to minimize | ||||||
| |||||||
| |||||||
| 1 | emissions associated with the venting of hydrocarbon | ||||||
| 2 | fluids and natural gas during production using the methods | ||||||
| 3 | specified in paragraph (4) of this subsection (e), the | ||||||
| 4 | Department shall require the permittee to capture and | ||||||
| 5 | direct any natural gas produced during the production phase | ||||||
| 6 | to a flare. Any flare used pursuant to this paragraph shall | ||||||
| 7 | be equipped with a reliable continuous ignition source over | ||||||
| 8 | the duration of production. In order to establish technical | ||||||
| 9 | infeasibility or economic unreasonableness under this | ||||||
| 10 | paragraph (5), the permittee must demonstrate, for each | ||||||
| 11 | well site on an annual basis, that taking the actions | ||||||
| 12 | listed in paragraph (4) of this subsection (e) are not cost | ||||||
| 13 | effective based on a site-specific analysis. Permittees | ||||||
| 14 | that use a flare during the production phase for operations | ||||||
| 15 | other than emergency conditions shall file an updated | ||||||
| 16 | site-specific analysis annually with the Department. The | ||||||
| 17 | analysis shall be due one year from the date of the | ||||||
| 18 | previous submission and shall detail whether any changes | ||||||
| 19 | have occurred that alter the technical infeasibility or | ||||||
| 20 | economic unreasonableness of the permittee to reduce their | ||||||
| 21 | emissions in accordance with paragraph (4) of this | ||||||
| 22 | subsection (e). | ||||||
| 23 | (6) Uncontrolled emissions exceeding 6 tons per year | ||||||
| 24 | from storage tanks shall be recovered and routed to a flare | ||||||
| 25 | that is designed in accordance with 40 CFR 60.18 and is | ||||||
| 26 | certified by the manufacturer of the device. The permittee | ||||||
| |||||||
| |||||||
| 1 | shall maintain and operate the flare in accordance with | ||||||
| 2 | manufacturer specifications. Any flare used under this | ||||||
| 3 | paragraph must be equipped with a reliable continuous | ||||||
| 4 | ignition source over the duration of production. | ||||||
| 5 | (7) The Department may approve an exemption that waives | ||||||
| 6 | the flaring requirements of paragraphs (5) and (6) of this | ||||||
| 7 | subsection (e) only if the permittee demonstrates that the | ||||||
| 8 | use of the flare will pose a significant risk of injury or | ||||||
| 9 | property damage and that alternative methods of collection | ||||||
| 10 | will not threaten harm to the environment. In determining | ||||||
| 11 | whether to approve a waiver, the Department shall consider | ||||||
| 12 | the quantity of casinghead gas produced, the topographical | ||||||
| 13 | and climatological features at the well site, and the | ||||||
| 14 | proximity of agricultural structures, crops, inhabited | ||||||
| 15 | structures, public buildings, and public roads and | ||||||
| 16 | railways. | ||||||
| 17 | (8) For each wildcat well, delineation well, or low | ||||||
| 18 | pressure well, permittees shall be responsible for | ||||||
| 19 | minimizing the emissions associated with venting of | ||||||
| 20 | hydrocarbon fluids and natural gas during the flowback | ||||||
| 21 | period and production phase by capturing and directing the | ||||||
| 22 | emissions to a completion combustion device during the | ||||||
| 23 | flowback period and to a flare during the production phase, | ||||||
| 24 | except in conditions that may result in a fire hazard or | ||||||
| 25 | explosion, or where high heat emissions from a completion | ||||||
| 26 | combustion device or flare may negatively impact | ||||||
| |||||||
| |||||||
| 1 | waterways. Completion combustion devices and flares shall | ||||||
| 2 | be equipped with a reliable continuous ignition source over | ||||||
| 3 | the duration of the flowback period and the production | ||||||
| 4 | phase, as applicable. | ||||||
| 5 | (9) On or after July 1, 2015, all flares used under | ||||||
| 6 | paragraphs (5) and (8) of this subsection (e) shall (i) | ||||||
| 7 | operate with a combustion efficiency of at least 98% and in | ||||||
| 8 | accordance with 40 CFR 60.18; and (ii) be certified by the | ||||||
| 9 | manufacturer of the device. The permittee shall maintain | ||||||
| 10 | and operate the flare in accordance with manufacturer | ||||||
| 11 | specifications.
| ||||||
| 12 | (10) Permittees shall employ practices for control of
| ||||||
| 13 | fugitive dust related to their operations. These practices | ||||||
| 14 | shall include, but are not limited to, the use of speed | ||||||
| 15 | restrictions, regular road maintenance, and restriction of | ||||||
| 16 | construction activity during high-wind days. Additional | ||||||
| 17 | management practices such as road surfacing, wind breaks | ||||||
| 18 | and barriers, or automation of wells to reduce truck | ||||||
| 19 | traffic may also be required by the Department if | ||||||
| 20 | technologically feasible and economically reasonable to | ||||||
| 21 | minimize fugitive dust emissions. | ||||||
| 22 | (11) Permittees shall record and report to the | ||||||
| 23 | Department on an annual basis the amount of gas flared or | ||||||
| 24 | vented from each high volume horizontal hydraulic | ||||||
| 25 | fracturing well. Three years after the effective date of | ||||||
| 26 | the first high volume high-volume horizontal hydraulic | ||||||
| |||||||
| |||||||
| 1 | fracturing well permit issued by the Department, and every | ||||||
| 2 | 3 years thereafter, the Department shall prepare a report | ||||||
| 3 | that analyzes the amount of gas that has been flared or | ||||||
| 4 | vented and make recommendations to the General Assembly on | ||||||
| 5 | whether steps should be taken to reduce the amount of gas | ||||||
| 6 | that is being flared or vented in this State. | ||||||
| 7 | (f) High volume horizontal hydraulic fracturing operations | ||||||
| 8 | completion report. Within 60 calendar days after the conclusion | ||||||
| 9 | of high volume horizontal hydraulic fracturing operations, the | ||||||
| 10 | operator shall file a high volume horizontal hydraulic | ||||||
| 11 | fracturing operations completion report with the Department. A | ||||||
| 12 | copy of each completion report submitted to the Department | ||||||
| 13 | shall be provided by the Department to the Illinois State | ||||||
| 14 | Geological Survey. The completion reports required by this | ||||||
| 15 | Section shall be considered public information and shall be | ||||||
| 16 | made available on the Department's website. The high volume | ||||||
| 17 | horizontal hydraulic fracturing operations completion report | ||||||
| 18 | shall contain the following information: | ||||||
| 19 | (1) the permittee name as listed in the permit | ||||||
| 20 | application; | ||||||
| 21 | (2) the dates of the high volume horizontal hydraulic | ||||||
| 22 | fracturing operations; | ||||||
| 23 | (3) the county where the well is located; | ||||||
| 24 | (4) the well name and Department reference number; | ||||||
| 25 | (5) the total water volume used in the high volume | ||||||
| 26 | horizontal hydraulic fracturing operations of the well, | ||||||
| |||||||
| |||||||
| 1 | and the type and total volume of the base fluid used if | ||||||
| 2 | something other than water; | ||||||
| 3 | (6) each source from which the water used in the high | ||||||
| 4 | volume horizontal hydraulic fracturing operations was | ||||||
| 5 | drawn, and the specific location of each source, including, | ||||||
| 6 | but not limited to, the name of the county and latitude and | ||||||
| 7 | longitude coordinates; | ||||||
| 8 | (7) the quantity of hydraulic fracturing flowback | ||||||
| 9 | recovered from the well; | ||||||
| 10 | (8) a description of how hydraulic fracturing flowback | ||||||
| 11 | recovered from the well was disposed and, if applicable, | ||||||
| 12 | reused; | ||||||
| 13 | (9) a chemical disclosure report identifying each | ||||||
| 14 | chemical and proppant used in hydraulic fracturing fluid | ||||||
| 15 | for each stage of the hydraulic fracturing operations | ||||||
| 16 | including the following: | ||||||
| 17 | (A) the total volume of water used in the hydraulic | ||||||
| 18 | fracturing treatment of the well or the type and total | ||||||
| 19 | volume of the base fluid used in the hydraulic | ||||||
| 20 | fracturing treatment, if something other than water; | ||||||
| 21 | (B) each hydraulic fracturing additive used in the | ||||||
| 22 | hydraulic fracturing fluid, including the trade name, | ||||||
| 23 | vendor, a brief descriptor of the intended use or | ||||||
| 24 | function of each hydraulic fracturing additive, and | ||||||
| 25 | the Material Safety Data Sheet (MSDS), if applicable; | ||||||
| 26 | (C) each chemical intentionally added to the base | ||||||
| |||||||
| |||||||
| 1 | fluid, including for each chemical, the Chemical | ||||||
| 2 | Abstracts Service number, if applicable; and | ||||||
| 3 | (D) the actual concentration in the base fluid, in | ||||||
| 4 | percent by mass, of each chemical intentionally added | ||||||
| 5 | to the base fluid;
| ||||||
| 6 | (10) all pressures recorded during the high volume | ||||||
| 7 | horizontal hydraulic fracturing operations; and | ||||||
| 8 | (11) any other reasonable or pertinent information | ||||||
| 9 | related to the conduct of the high volume horizontal | ||||||
| 10 | hydraulic fracturing operations the Department may request | ||||||
| 11 | or require by administrative rule.
| ||||||
| 12 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
| ||||||
| 13 | (225 ILCS 732/1-95)
| ||||||
| 14 | Sec. 1-95. Plugging; restoration. | ||||||
| 15 | (a) The permittee shall perform and complete plugging of | ||||||
| 16 | the well and restoration of the well site in accordance with | ||||||
| 17 | the Illinois Oil and Gas Act and any and all rules adopted | ||||||
| 18 | thereunder. The permittee shall bear all costs related to | ||||||
| 19 | plugging of the well and reclamation of the well site. If the | ||||||
| 20 | permittee fails to plug the well in accordance with this | ||||||
| 21 | Section, the owner of the well shall be responsible for | ||||||
| 22 | complying with this Section. | ||||||
| 23 | (b) Prior to conducting high volume horizontal hydraulic | ||||||
| 24 | fracturing operations at a well site, the permittee shall cause | ||||||
| 25 | to be plugged all previously unplugged wellbores well bores | ||||||
| |||||||
| |||||||
| 1 | within 750 feet of any part of the horizontal wellbore well | ||||||
| 2 | bore that penetrated within 400 vertical feet of the formation | ||||||
| 3 | that will be stimulated as part of the high volume horizontal | ||||||
| 4 | hydraulic fracturing operations. | ||||||
| 5 | (c) For well sites where high volume horizontal hydraulic | ||||||
| 6 | fracturing operations were permitted to occur, the operator | ||||||
| 7 | shall restore any lands used by the operator other than the | ||||||
| 8 | well site and production facility to a condition as closely | ||||||
| 9 | approximating the pre-drilling conditions that existed before | ||||||
| 10 | the land was disturbed for any stage of site preparation | ||||||
| 11 | activities, drilling, and high volume horizontal hydraulic | ||||||
| 12 | fracturing operations. Restoration shall be commenced within 6 | ||||||
| 13 | months of completion of the well site and completed within 12 | ||||||
| 14 | months. Restoration shall include, but is not limited to, | ||||||
| 15 | repair of tile lines, repair of fences and barriers, mitigation | ||||||
| 16 | of soil compaction and rutting, application of fertilizer or | ||||||
| 17 | lime to restore the fertility of disturbed soil, and repair of | ||||||
| 18 | soil conservation practices such as terraces and grassed | ||||||
| 19 | waterways. | ||||||
| 20 | (d) Unless contractually agreed to the contrary by the | ||||||
| 21 | permittee and surface owner, the permittee shall restore the | ||||||
| 22 | well site and production facility in accordance with the | ||||||
| 23 | applicable restoration requirements in subsection (c) of this | ||||||
| 24 | Section and shall remove all equipment and materials involved | ||||||
| 25 | in site preparation, drilling, and high volume horizontal | ||||||
| 26 | hydraulic fracturing operations, including tank batteries, | ||||||
| |||||||
| |||||||
| 1 | rock and concrete pads, oilfield oil field debris, injection | ||||||
| 2 | and flow lines at or above the surface, electric power lines | ||||||
| 3 | and poles extending on or above the surface, tanks, fluids, | ||||||
| 4 | pipes at or above the surface, secondary containment measures, | ||||||
| 5 | rock or concrete bases, drilling equipment and supplies, and | ||||||
| 6 | any and all other equipment, facilities, or materials used | ||||||
| 7 | during any stage of site preparation work, drilling, or | ||||||
| 8 | hydraulic fracturing operations at the well site. Work on the | ||||||
| 9 | removal of equipment and materials at the well site shall begin | ||||||
| 10 | within 6 months after plugging the final well on the well site | ||||||
| 11 | and be completed no later than 12 months after the last | ||||||
| 12 | producing well on the well site has been plugged. Roads | ||||||
| 13 | installed as part of the oil and gas operation may be left in | ||||||
| 14 | place if provided in the lease or pursuant to agreement with | ||||||
| 15 | the surface owner, as applicable.
| ||||||
| 16 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
| ||||||
| 17 | Section 520. The Riverboat Gambling Act is amended by | ||||||
| 18 | changing Section 8 as follows:
| ||||||
| 19 | (230 ILCS 10/8) (from Ch. 120, par. 2408)
| ||||||
| 20 | Sec. 8. Suppliers licenses.
| ||||||
| 21 | (a) The Board may issue a suppliers license to such | ||||||
| 22 | persons, firms or
corporations which apply therefor upon the | ||||||
| 23 | payment of a non-refundable
application fee set by the Board, | ||||||
| 24 | upon a determination by the Board that
the applicant is | ||||||
| |||||||
| |||||||
| 1 | eligible for a suppliers license and upon payment of a
$5,000 | ||||||
| 2 | annual license
fee.
| ||||||
| 3 | (b) The holder of a suppliers license is authorized to sell | ||||||
| 4 | or lease,
and to contract to sell or lease, gambling equipment | ||||||
| 5 | and supplies to any
licensee involved in the ownership or | ||||||
| 6 | management of gambling operations.
| ||||||
| 7 | (c) Gambling supplies and equipment may not be distributed
| ||||||
| 8 | unless supplies and equipment conform to standards adopted by
| ||||||
| 9 | rules of the Board.
| ||||||
| 10 | (d) A person, firm or corporation is ineligible to receive | ||||||
| 11 | a suppliers
license if:
| ||||||
| 12 | (1) the person has been convicted of a felony under the | ||||||
| 13 | laws of this
State, any other state, or the United States;
| ||||||
| 14 | (2) the person has been convicted of any violation of | ||||||
| 15 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
| 16 | Code of 2012, or substantially similar laws of any other | ||||||
| 17 | jurisdiction;
| ||||||
| 18 | (3) the person has submitted an application for a | ||||||
| 19 | license under this
Act which contains false information;
| ||||||
| 20 | (4) the person is a member of the Board;
| ||||||
| 21 | (5) the firm or corporation is one in which a person | ||||||
| 22 | defined in (1),
(2), (3) or (4), is an officer, director or | ||||||
| 23 | managerial employee;
| ||||||
| 24 | (6) the firm or corporation employs a person who | ||||||
| 25 | participates in the
management or operation of riverboat | ||||||
| 26 | gambling authorized under this Act;
| ||||||
| |||||||
| |||||||
| 1 | (7) the license of the person, firm or corporation | ||||||
| 2 | issued under
this Act, or a license to own or operate | ||||||
| 3 | gambling facilities
in any other jurisdiction, has been | ||||||
| 4 | revoked.
| ||||||
| 5 | (e) Any person that supplies any equipment, devices, or | ||||||
| 6 | supplies to a
licensed riverboat gambling operation must first | ||||||
| 7 | obtain a suppliers
license. A supplier shall furnish to the | ||||||
| 8 | Board a list of all equipment,
devices and supplies offered for | ||||||
| 9 | sale or lease in connection with gambling
games authorized | ||||||
| 10 | under this Act. A supplier shall keep books and records
for the | ||||||
| 11 | furnishing of equipment, devices and supplies to gambling
| ||||||
| 12 | operations separate and distinct from any other business that | ||||||
| 13 | the supplier
might operate. A supplier shall file a quarterly | ||||||
| 14 | return with the Board
listing all sales and leases. A supplier | ||||||
| 15 | shall permanently affix its name or a distinctive logo or other | ||||||
| 16 | mark or design element identifying the manufacturer or supplier
| ||||||
| 17 | to all its equipment, devices, and supplies, except gaming | ||||||
| 18 | chips without a value impressed, engraved, or imprinted on it, | ||||||
| 19 | for gambling operations.
The Board may waive this requirement | ||||||
| 20 | for any specific product or products if it determines that the | ||||||
| 21 | requirement is not necessary to protect the integrity of the | ||||||
| 22 | game. Items purchased from a licensed supplier may continue to | ||||||
| 23 | be used even though the supplier subsequently changes its name, | ||||||
| 24 | distinctive logo, or other mark or design element; undergoes a | ||||||
| 25 | change in ownership; or ceases to be licensed as a supplier for | ||||||
| 26 | any reason. Any supplier's equipment, devices or supplies which | ||||||
| |||||||
| |||||||
| 1 | are used by any person
in an unauthorized gambling operation | ||||||
| 2 | shall be forfeited to the State. A
licensed owner may own its | ||||||
| 3 | own equipment, devices and supplies. Each
holder of an owners | ||||||
| 4 | license under the Act shall file an annual report
listing its | ||||||
| 5 | inventories of gambling equipment, devices and supplies.
| ||||||
| 6 | (f) Any person who knowingly makes a false statement on an | ||||||
| 7 | application
is guilty of a Class A misdemeanor.
| ||||||
| 8 | (g) Any gambling equipment, devices and supplies provided | ||||||
| 9 | by any
licensed supplier may either be repaired on the | ||||||
| 10 | riverboat or removed from
the riverboat to an on-shore facility | ||||||
| 11 | owned by the holder of an owners
license for repair.
| ||||||
| 12 | (Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13; | ||||||
| 13 | revised 6-10-13.)
| ||||||
| 14 | Section 525. The Raffles Act is amended by changing Section | ||||||
| 15 | 8.1 as follows:
| ||||||
| 16 | (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
| ||||||
| 17 | Sec. 8.1. (a) Political Committees. | ||||||
| 18 | (a) For the purposes of this Section
the terms defined in | ||||||
| 19 | this subsection have the meanings given them.
| ||||||
| 20 | "Net Proceeds" means the gross receipts from the conduct of | ||||||
| 21 | raffles, less
reasonable sums expended for prizes, license fees | ||||||
| 22 | and other reasonable
operating expenses incurred as a result of | ||||||
| 23 | operating a raffle.
| ||||||
| 24 | "Raffle" means a form of lottery, as defined in Section | ||||||
| |||||||
| |||||||
| 1 | 28-2 (b) of the
Criminal Code of 2012, conducted by a political | ||||||
| 2 | committee licensed under
this Section, in which:
| ||||||
| 3 | (1) the player pays or agrees to pay something of value | ||||||
| 4 | for a chance,
represented and differentiated by a number or | ||||||
| 5 | by a combination of numbers
or by some other medium, one or | ||||||
| 6 | more of which chances is to be designated
the winning | ||||||
| 7 | chance;
| ||||||
| 8 | (2) the winning chance is to be determined through a | ||||||
| 9 | drawing or by some
other method based on an element of | ||||||
| 10 | chance by an act or set of acts on the
part of persons | ||||||
| 11 | conducting or connected with the lottery, except that the
| ||||||
| 12 | winning chance shall not be determined by the outcome of a | ||||||
| 13 | publicly exhibited
sporting contest.
| ||||||
| 14 | "Unresolved claim" means a claim for civil penalty under | ||||||
| 15 | Sections
9-3, 9-10, and 9-23
of The Election Code which has | ||||||
| 16 | been begun by the State Board of Elections,
has been disputed | ||||||
| 17 | by the political committee under the applicable rules of
the | ||||||
| 18 | State Board of Elections, and has not been finally decided | ||||||
| 19 | either by
the State Board of Elections, or, where application | ||||||
| 20 | for review has been
made to the Courts of Illinois, remains | ||||||
| 21 | finally undecided by the Courts.
| ||||||
| 22 | "Owes" means that a political committee has been finally | ||||||
| 23 | determined under
applicable rules of the State Board of | ||||||
| 24 | Elections to be liable for a civil
penalty under Sections
9-3, | ||||||
| 25 | 9-10, and 9-23 of The Election
Code.
| ||||||
| 26 | (b) Licenses issued pursuant to this Section shall be valid | ||||||
| |||||||
| |||||||
| 1 | for one
raffle or for a specified number of raffles to be | ||||||
| 2 | conducted during a
specified period not to exceed one year and | ||||||
| 3 | may be suspended or revoked for
any violation of this Section. | ||||||
| 4 | The State Board of Elections shall act on a
license application | ||||||
| 5 | within 30 days from the date of application.
| ||||||
| 6 | (c) Licenses issued by the State Board of Elections are
| ||||||
| 7 | subject to the following restrictions:
| ||||||
| 8 | (1) No political committee shall conduct raffles or | ||||||
| 9 | chances without
having first obtained a license therefor | ||||||
| 10 | pursuant to this Section.
| ||||||
| 11 | (2) The application for license shall be prepared in | ||||||
| 12 | accordance with
regulations of the State Board of Elections
| ||||||
| 13 | and must specify the area or
areas within the State in | ||||||
| 14 | which raffle chances will be sold or issued, the
time | ||||||
| 15 | period during which raffle chances will be sold or issued, | ||||||
| 16 | the time of
determination of winning chances and the | ||||||
| 17 | location or locations at which
winning chances will be | ||||||
| 18 | determined.
| ||||||
| 19 | (3) A license authorizes the licensee to conduct | ||||||
| 20 | raffles as defined in
this Section.
| ||||||
| 21 | The following are ineligible for any license under this | ||||||
| 22 | Section:
| ||||||
| 23 | (i) any political committee which has an officer | ||||||
| 24 | who has been
convicted of a felony;
| ||||||
| 25 | (ii) any political committee which has an officer | ||||||
| 26 | who is or has been a
professional gambler or gambling | ||||||
| |||||||
| |||||||
| 1 | promoter;
| ||||||
| 2 | (iii) any political committee which has an officer | ||||||
| 3 | who is not of good
moral character;
| ||||||
| 4 | (iv) any political committee which has an officer | ||||||
| 5 | who is also an officer
of a firm or corporation in | ||||||
| 6 | which a person defined in (i), (ii) or (iii)
has a | ||||||
| 7 | proprietary, equitable or credit interest, or in which | ||||||
| 8 | such a person
is active or employed;
| ||||||
| 9 | (v) any political committee in which a person | ||||||
| 10 | defined in (i), (ii) or
(iii) is an officer, director, | ||||||
| 11 | or employee, whether compensated or not;
| ||||||
| 12 | (vi) any political committee in which a person | ||||||
| 13 | defined in (i), (ii) or
(iii) is to participate in the | ||||||
| 14 | management or operation of a raffle as
defined in this | ||||||
| 15 | Section;
| ||||||
| 16 | (vii) any committee which, at the time of its | ||||||
| 17 | application for a
license to conduct a raffle, owes the | ||||||
| 18 | State Board of Elections any unpaid
civil penalty | ||||||
| 19 | authorized by Sections
9-3, 9-10, and 9-23 of
The | ||||||
| 20 | Election Code, or is the
subject of an unresolved claim | ||||||
| 21 | for a civil penalty under Sections
9-3, 9-10, and 9-23 | ||||||
| 22 | of
The Election Code;
| ||||||
| 23 | (viii) any political committee which, at the time | ||||||
| 24 | of its application
to conduct a raffle, has not | ||||||
| 25 | submitted any report or document required to
be filed | ||||||
| 26 | by Article 9 of The Election Code and such report or | ||||||
| |||||||
| |||||||
| 1 | document is
more than 10 days overdue.
| ||||||
| 2 | (d) (1) The conducting of raffles is subject
to the | ||||||
| 3 | following restrictions:
| ||||||
| 4 | (i) The entire net proceeds of any raffle must be | ||||||
| 5 | exclusively devoted
to the lawful purposes of the | ||||||
| 6 | political committee permitted to conduct that
game.
| ||||||
| 7 | (ii) No person except a bona fide member of the | ||||||
| 8 | political committee
may participate in the management | ||||||
| 9 | or operation of the raffle.
| ||||||
| 10 | (iii) No person may receive any remuneration or | ||||||
| 11 | profit for participating
in the management or | ||||||
| 12 | operation of the raffle.
| ||||||
| 13 | (iv) Raffle chances may be sold or issued only | ||||||
| 14 | within the area specified
on the license and winning | ||||||
| 15 | chances may be determined only at those locations
| ||||||
| 16 | specified on the license.
| ||||||
| 17 | (v) A person under the age of 18 years may | ||||||
| 18 | participate in the conducting
of raffles or chances | ||||||
| 19 | only with the permission of a parent or guardian.
A | ||||||
| 20 | person under the age of 18 years may be within
the area | ||||||
| 21 | where winning chances are being determined only when | ||||||
| 22 | accompanied
by his parent or guardian.
| ||||||
| 23 | (2) If a lessor rents premises where a winning chance | ||||||
| 24 | or chances on a
raffle are determined, the lessor shall not | ||||||
| 25 | be criminally liable if the
person who uses the premises | ||||||
| 26 | for the determining of winning chances does not
hold a | ||||||
| |||||||
| |||||||
| 1 | license issued under the provisions
of this Section.
| ||||||
| 2 | (e) (1) Each political committee licensed to conduct | ||||||
| 3 | raffles and
chances shall keep records of its gross | ||||||
| 4 | receipts, expenses and net proceeds
for each single | ||||||
| 5 | gathering or occasion at which winning chances are | ||||||
| 6 | determined.
All deductions from gross receipts for each | ||||||
| 7 | single gathering or occasion
shall be documented with | ||||||
| 8 | receipts or other records indicating the amount,
a | ||||||
| 9 | description of the purchased item or service or other | ||||||
| 10 | reason for the
deduction, and the recipient. The | ||||||
| 11 | distribution of net proceeds shall be
itemized as to payee, | ||||||
| 12 | purpose, amount and date of payment.
| ||||||
| 13 | (2) Each political committee licensed to conduct | ||||||
| 14 | raffles shall report
on the next report due to be filed | ||||||
| 15 | under Article 9 of The Election Code
its gross receipts, | ||||||
| 16 | expenses and net proceeds
from raffles, and the | ||||||
| 17 | distribution of net proceeds itemized as required in
this | ||||||
| 18 | subsection.
| ||||||
| 19 | Such reports shall be included in the regular reports | ||||||
| 20 | required of
political committees by Article 9 of The Election | ||||||
| 21 | Code.
| ||||||
| 22 | (3) Records required by this subsection shall be | ||||||
| 23 | preserved for 3 years,
and political committees shall make | ||||||
| 24 | available their records relating to
operation of raffles | ||||||
| 25 | for public inspection at reasonable times and places.
| ||||||
| 26 | (f) Violation of any provision of this Section is a Class
C | ||||||
| |||||||
| |||||||
| 1 | misdemeanor.
| ||||||
| 2 | (g) Nothing in this Section shall be construed to authorize | ||||||
| 3 | the conducting
or operating of any gambling scheme, enterprise, | ||||||
| 4 | activity or device other
than raffles as provided for herein.
| ||||||
| 5 | (Source: P.A. 97-1150, eff. 1-25-13; revised 11-12-13.)
| ||||||
| 6 | Section 530. The Video Gaming
Act is amended by changing | ||||||
| 7 | Sections 5, 15, 25, and 45 as follows:
| ||||||
| 8 | (230 ILCS 40/5)
| ||||||
| 9 | Sec. 5. Definitions. As used in this Act:
| ||||||
| 10 | "Board" means the Illinois Gaming Board.
| ||||||
| 11 | "Credit" means one, 5, 10, or 25 cents either won or | ||||||
| 12 | purchased by a player.
| ||||||
| 13 | "Distributor" means an individual, partnership, | ||||||
| 14 | corporation, or limited liability company licensed under
this | ||||||
| 15 | Act to buy, sell, lease, or distribute video gaming terminals | ||||||
| 16 | or major
components or parts of video gaming terminals to or | ||||||
| 17 | from terminal
operators.
| ||||||
| 18 | "Electronic card" means a card purchased from a licensed | ||||||
| 19 | establishment, licensed fraternal establishment, licensed | ||||||
| 20 | veterans establishment, or licensed truck stop establishment | ||||||
| 21 | for use in that establishment as a substitute for cash in the | ||||||
| 22 | conduct of gaming on a video gaming terminal. | ||||||
| 23 | "Electronic voucher" means a voucher printed by an | ||||||
| 24 | electronic video game machine that is redeemable in the | ||||||
| |||||||
| |||||||
| 1 | licensed establishment for which it was issued. | ||||||
| 2 | "Terminal operator" means an individual, partnership, | ||||||
| 3 | corporation, or limited liability company that is
licensed | ||||||
| 4 | under this Act and that owns, services, and maintains video
| ||||||
| 5 | gaming terminals for placement in licensed establishments, | ||||||
| 6 | licensed truck stop establishments, licensed fraternal
| ||||||
| 7 | establishments, or licensed veterans establishments.
| ||||||
| 8 | "Licensed technician" means an individual
who
is licensed | ||||||
| 9 | under this Act to repair,
service, and maintain
video gaming | ||||||
| 10 | terminals.
| ||||||
| 11 | "Licensed terminal handler" means a person, including but | ||||||
| 12 | not limited to an employee or independent contractor working | ||||||
| 13 | for a manufacturer, distributor, supplier, technician, or | ||||||
| 14 | terminal operator, who is licensed under this Act to possess or | ||||||
| 15 | control a video gaming terminal or to have access to the inner | ||||||
| 16 | workings of a video gaming terminal. A licensed terminal | ||||||
| 17 | handler does not include an individual, partnership, | ||||||
| 18 | corporation, or limited liability company defined as a | ||||||
| 19 | manufacturer, distributor, supplier, technician, or terminal | ||||||
| 20 | operator under this Act. | ||||||
| 21 | "Manufacturer" means an individual, partnership, | ||||||
| 22 | corporation, or limited liability company that is
licensed | ||||||
| 23 | under this Act and that manufactures or assembles video gaming
| ||||||
| 24 | terminals.
| ||||||
| 25 | "Supplier" means an individual, partnership, corporation, | ||||||
| 26 | or limited liability company that is
licensed under this Act to | ||||||
| |||||||
| |||||||
| 1 | supply major components or parts to video gaming
terminals to | ||||||
| 2 | licensed
terminal operators.
| ||||||
| 3 | "Net terminal income" means money put into a video gaming | ||||||
| 4 | terminal minus
credits paid out to players.
| ||||||
| 5 | "Video gaming terminal" means any electronic video game | ||||||
| 6 | machine
that, upon insertion of cash, electronic cards or | ||||||
| 7 | vouchers, or any combination thereof, electronic voucher, or | ||||||
| 8 | any combination thereof, is available to play or simulate the | ||||||
| 9 | play of
a video game, including but not limited to video poker, | ||||||
| 10 | line up, and blackjack, as
authorized by the Board utilizing a | ||||||
| 11 | video display and microprocessors in
which the player may | ||||||
| 12 | receive free games or credits that can be
redeemed for cash. | ||||||
| 13 | The term does not include a machine that directly
dispenses | ||||||
| 14 | coins, cash, or tokens or is for amusement purposes only.
| ||||||
| 15 | "Licensed establishment" means any licensed retail | ||||||
| 16 | establishment where
alcoholic liquor is drawn, poured, mixed, | ||||||
| 17 | or otherwise served for consumption
on the premises, whether | ||||||
| 18 | the establishment operates on a nonprofit or for-profit basis. | ||||||
| 19 | "Licensed establishment" includes any such establishment that | ||||||
| 20 | has a contractual relationship with an inter-track wagering | ||||||
| 21 | location licensee licensed under the Illinois Horse Racing Act | ||||||
| 22 | of 1975, provided any contractual relationship shall not | ||||||
| 23 | include any transfer or offer of revenue from the operation of | ||||||
| 24 | video gaming under this Act to any licensee licensed under the | ||||||
| 25 | Illinois Horse Racing Act of 1975. Provided, however, that the | ||||||
| 26 | licensed establishment that has such a contractual | ||||||
| |||||||
| |||||||
| 1 | relationship with an inter-track wagering location licensee | ||||||
| 2 | may not, itself, be (i) an inter-track wagering location | ||||||
| 3 | licensee, (ii) the corporate parent or subsidiary of any | ||||||
| 4 | licensee licensed under the Illinois Horse Racing Act of 1975, | ||||||
| 5 | or (iii) the corporate subsidiary of a corporation that is also | ||||||
| 6 | the corporate parent or subsidiary of any licensee licensed | ||||||
| 7 | under the Illinois Horse Racing Act of 1975. "Licensed | ||||||
| 8 | establishment" does not include a facility operated by an | ||||||
| 9 | organization licensee, an inter-track wagering licensee, or an | ||||||
| 10 | inter-track wagering location licensee licensed under the | ||||||
| 11 | Illinois Horse Racing Act of 1975 or a riverboat licensed under | ||||||
| 12 | the Riverboat Gambling Act, except as provided in this | ||||||
| 13 | paragraph. The changes made to this definition by Public Act | ||||||
| 14 | 98-587 this amendatory Act of the 98th General Assembly are | ||||||
| 15 | declarative of existing law.
| ||||||
| 16 | "Licensed fraternal establishment" means the location | ||||||
| 17 | where a qualified
fraternal organization that derives its | ||||||
| 18 | charter from a national fraternal
organization regularly | ||||||
| 19 | meets.
| ||||||
| 20 | "Licensed veterans establishment" means the location where | ||||||
| 21 | a qualified
veterans organization that derives its charter from | ||||||
| 22 | a national veterans
organization regularly meets.
| ||||||
| 23 | "Licensed truck stop establishment" means a facility (i) | ||||||
| 24 | that is at least a
3-acre facility with a convenience store, | ||||||
| 25 | (ii) with separate diesel
islands for fueling commercial motor | ||||||
| 26 | vehicles, (iii) that sells at retail more than 10,000 gallons | ||||||
| |||||||
| |||||||
| 1 | of diesel or biodiesel fuel per month, and (iv) with parking | ||||||
| 2 | spaces for commercial
motor vehicles. "Commercial motor | ||||||
| 3 | vehicles" has the same meaning as defined in Section 18b-101 of | ||||||
| 4 | the Illinois Vehicle Code. The requirement of item (iii) of | ||||||
| 5 | this paragraph may be met by showing that estimated future | ||||||
| 6 | sales or past sales average at least 10,000 gallons per month.
| ||||||
| 7 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; | ||||||
| 8 | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; revised 9-19-13.)
| ||||||
| 9 | (230 ILCS 40/15)
| ||||||
| 10 | Sec. 15. Minimum requirements for
licensing and | ||||||
| 11 | registration. Every video gaming terminal offered for
play | ||||||
| 12 | shall first be
tested and approved pursuant to the rules of the | ||||||
| 13 | Board, and
each video gaming terminal offered in this State for | ||||||
| 14 | play shall conform to an
approved
model. For the examination of | ||||||
| 15 | video gaming machines and associated equipment as required by | ||||||
| 16 | this Section, the Board may utilize the services of one or more | ||||||
| 17 | independent outside testing laboratories that have been | ||||||
| 18 | accredited by a national accreditation body and that, in the | ||||||
| 19 | judgment of the Board, are qualified to perform such | ||||||
| 20 | examinations. Every video gaming terminal offered in this State | ||||||
| 21 | for play must meet minimum standards set by an independent | ||||||
| 22 | outside testing laboratory approved by the Board. Each approved | ||||||
| 23 | model shall, at a minimum, meet the following
criteria:
| ||||||
| 24 | (1) It must conform to all requirements of federal law | ||||||
| 25 | and
regulations, including FCC Class A
Emissions | ||||||
| |||||||
| |||||||
| 1 | Standards.
| ||||||
| 2 | (2) It must theoretically pay out a mathematically | ||||||
| 3 | demonstrable percentage
during the expected lifetime of | ||||||
| 4 | the machine
of all amounts played, which must not be less | ||||||
| 5 | than 80%. The Board shall establish a maximum payout | ||||||
| 6 | percentage for approved models by rule. Video gaming
| ||||||
| 7 | terminals that may be affected by skill must meet this | ||||||
| 8 | standard when using a
method of play that will provide the | ||||||
| 9 | greatest return to the player over a
period of continuous | ||||||
| 10 | play.
| ||||||
| 11 | (3) It must use a random selection process to determine | ||||||
| 12 | the outcome of
each play of a game. The random selection | ||||||
| 13 | process must meet 99% confidence
limits using a standard | ||||||
| 14 | chi-squared test for (randomness) goodness of fit.
| ||||||
| 15 | (4) It must display an accurate representation of the | ||||||
| 16 | game outcome.
| ||||||
| 17 | (5) It must not automatically alter pay tables or any | ||||||
| 18 | function of the
video gaming terminal based on internal | ||||||
| 19 | computation of hold percentage or have
any means of | ||||||
| 20 | manipulation that affects the random selection process or
| ||||||
| 21 | probabilities of winning a game.
| ||||||
| 22 | (6) It must not be adversely affected by static | ||||||
| 23 | discharge or other
electromagnetic interference.
| ||||||
| 24 | (7) It must be capable of detecting and displaying the | ||||||
| 25 | following
conditions
during idle states or on demand: power | ||||||
| 26 | reset; door open; and door just closed.
| ||||||
| |||||||
| |||||||
| 1 | (8) It must have the capacity to display complete play | ||||||
| 2 | history
(outcome, intermediate play steps, credits | ||||||
| 3 | available, bets placed, credits
paid, and credits cashed | ||||||
| 4 | out) for the most recent game played and 10 games
prior
| ||||||
| 5 | thereto.
| ||||||
| 6 | (9) The theoretical payback percentage of a video | ||||||
| 7 | gaming terminal must
not be
capable of being changed | ||||||
| 8 | without making a hardware or software change in
the video | ||||||
| 9 | gaming terminal, either on site or via the central | ||||||
| 10 | communications system.
| ||||||
| 11 | (10) Video gaming terminals must be designed so that | ||||||
| 12 | replacement of
parts or modules required for normal | ||||||
| 13 | maintenance does not necessitate
replacement of the | ||||||
| 14 | electromechanical meters.
| ||||||
| 15 | (11) It must have nonresettable meters housed in a | ||||||
| 16 | locked area of the
terminal that
keep a permanent record of | ||||||
| 17 | all cash inserted into the machine, all winnings
made by | ||||||
| 18 | the terminal printer, credits played in for video gaming | ||||||
| 19 | terminals, and
credits won by video gaming players. The | ||||||
| 20 | video gaming terminal must provide
the means for on-demand | ||||||
| 21 | display of stored information as determined by the
Board.
| ||||||
| 22 | (12) Electronically stored meter information required | ||||||
| 23 | by this Section
must be preserved for a minimum of 180 days | ||||||
| 24 | after a power loss to the service.
| ||||||
| 25 | (13) It must have one or more mechanisms that accept | ||||||
| 26 | cash in the
form of
bills. The mechanisms shall be designed | ||||||
| |||||||
| |||||||
| 1 | to prevent obtaining credits without
paying by stringing, | ||||||
| 2 | slamming, drilling, or other means. If such attempts at | ||||||
| 3 | physical tampering are made, the video gaming terminal | ||||||
| 4 | shall suspend itself from operating until reset.
| ||||||
| 5 | (14) It shall have accounting software that keeps an | ||||||
| 6 | electronic record
which includes, but is not limited to, | ||||||
| 7 | the following: total cash inserted
into the video gaming | ||||||
| 8 | terminal; the value of winning tickets claimed by
players; | ||||||
| 9 | the
total credits played; the total
credits awarded
by a | ||||||
| 10 | video gaming terminal; and pay back percentage credited to | ||||||
| 11 | players of each video game.
| ||||||
| 12 | (15) It shall be linked by a central communications | ||||||
| 13 | system
to provide
auditing program information as approved | ||||||
| 14 | by the Board. The central communications system shall use a | ||||||
| 15 | standard industry protocol, as defined by the Gaming | ||||||
| 16 | Standards Association, and shall have the functionality to | ||||||
| 17 | enable the Board or its designee to activate or deactivate | ||||||
| 18 | individual gaming devices from the central communications | ||||||
| 19 | system. In no event may the
communications system approved | ||||||
| 20 | by the Board limit participation to only one
manufacturer | ||||||
| 21 | of video gaming terminals by either the cost in | ||||||
| 22 | implementing
the necessary program modifications to | ||||||
| 23 | communicate or the inability to
communicate with the | ||||||
| 24 | central communications system.
| ||||||
| 25 | (16) The Board, in its discretion, may require video | ||||||
| 26 | gaming terminals to display Amber Alert messages if the | ||||||
| |||||||
| |||||||
| 1 | Board makes a finding that it would be economically and | ||||||
| 2 | technically feasible and pose no risk to the integrity and | ||||||
| 3 | security of the central communications system and video | ||||||
| 4 | gaming terminals.
| ||||||
| 5 | The Board may adopt rules to establish additional criteria | ||||||
| 6 | to preserve the integrity and security of video gaming in this | ||||||
| 7 | State. The central communications system vendor may be licensed | ||||||
| 8 | as a video gaming terminal manufacturer or a video gaming | ||||||
| 9 | terminal distributor, or both, but in no event shall the | ||||||
| 10 | central communications system vendor be licensed as a video | ||||||
| 11 | gaming terminal operator. | ||||||
| 12 | The Board shall not permit the development of information | ||||||
| 13 | or the use by any licensee of gaming device or individual game | ||||||
| 14 | performance data. Nothing in this Act shall inhibit or prohibit | ||||||
| 15 | the Board from the use of gaming device or individual game | ||||||
| 16 | performance data in its regulatory duties. The Board shall | ||||||
| 17 | adopt rules to ensure that all licensees are treated and all | ||||||
| 18 | licensees act in a non-discriminatory manner and develop | ||||||
| 19 | processes and penalties to enforce those rules. | ||||||
| 20 | (Source: P.A. 98-31, eff. 6-24-13; 98-377, eff. 1-1-14; 98-582, | ||||||
| 21 | eff. 8-27-13; revised 9-19-13.)
| ||||||
| 22 | (230 ILCS 40/25)
| ||||||
| 23 | Sec. 25. Restriction of licensees.
| ||||||
| 24 | (a) Manufacturer. A person may not be licensed as a | ||||||
| 25 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
| |||||||
| |||||||
| 1 | person has a valid
manufacturer's license issued
under this | ||||||
| 2 | Act. A manufacturer may only sell video gaming terminals for | ||||||
| 3 | use
in Illinois to
persons having a valid distributor's | ||||||
| 4 | license.
| ||||||
| 5 | (b) Distributor. A person may not sell, distribute, or | ||||||
| 6 | lease
or market a video gaming terminal in Illinois unless the | ||||||
| 7 | person has a valid
distributor's
license issued under this Act. | ||||||
| 8 | A distributor may only sell video gaming
terminals for use in
| ||||||
| 9 | Illinois to persons having a valid distributor's or terminal | ||||||
| 10 | operator's
license.
| ||||||
| 11 | (c) Terminal operator. A person may not own, maintain, or | ||||||
| 12 | place a video gaming terminal unless he has a valid terminal | ||||||
| 13 | operator's
license issued
under this Act. A terminal operator | ||||||
| 14 | may only place video gaming terminals for
use in
Illinois in | ||||||
| 15 | licensed establishments, licensed truck stop establishments, | ||||||
| 16 | licensed fraternal establishments,
and
licensed veterans | ||||||
| 17 | establishments.
No terminal operator may give anything of | ||||||
| 18 | value, including but not limited to
a loan or financing | ||||||
| 19 | arrangement, to a licensed establishment, licensed truck stop | ||||||
| 20 | establishment,
licensed fraternal establishment, or licensed | ||||||
| 21 | veterans establishment as
any incentive or inducement to locate | ||||||
| 22 | video terminals in that establishment.
Of the after-tax profits
| ||||||
| 23 | from a video gaming terminal, 50% shall be paid to the terminal
| ||||||
| 24 | operator and 50% shall be paid to the licensed establishment, | ||||||
| 25 | licensed truck stop establishment,
licensed fraternal | ||||||
| 26 | establishment, or
licensed veterans establishment, | ||||||
| |||||||
| |||||||
| 1 | notwithstanding any agreement to the contrary.
A video terminal | ||||||
| 2 | operator that violates one or more requirements of this | ||||||
| 3 | subsection is guilty of a Class 4 felony and is subject to | ||||||
| 4 | termination of his or her license by the Board.
| ||||||
| 5 | (d) Licensed technician. A person may not service, | ||||||
| 6 | maintain, or repair a
video gaming terminal
in this State | ||||||
| 7 | unless he or she (1) has a valid technician's license issued
| ||||||
| 8 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
| 9 | by a terminal
operator, distributor, or manufacturer.
| ||||||
| 10 | (d-5) Licensed terminal handler. No person, including, but | ||||||
| 11 | not limited to, an employee or independent contractor working | ||||||
| 12 | for a manufacturer, distributor, supplier, technician, or | ||||||
| 13 | terminal operator licensed pursuant to this Act, shall have | ||||||
| 14 | possession or control of a video gaming terminal, or access to | ||||||
| 15 | the inner workings of a video gaming terminal, unless that | ||||||
| 16 | person possesses a valid terminal handler's license issued | ||||||
| 17 | under this Act. | ||||||
| 18 | (e) Licensed establishment. No video gaming terminal may be | ||||||
| 19 | placed in any licensed establishment, licensed veterans | ||||||
| 20 | establishment, licensed truck stop establishment,
or licensed | ||||||
| 21 | fraternal establishment
unless the owner
or agent of the owner | ||||||
| 22 | of the licensed establishment, licensed veterans | ||||||
| 23 | establishment, licensed truck stop establishment, or licensed
| ||||||
| 24 | fraternal establishment has entered into a
written use | ||||||
| 25 | agreement with the terminal operator for placement of the
| ||||||
| 26 | terminals. A copy of the use agreement shall be on file in the | ||||||
| |||||||
| |||||||
| 1 | terminal
operator's place of business and available for | ||||||
| 2 | inspection by individuals
authorized by the Board. A licensed | ||||||
| 3 | establishment, licensed truck stop establishment, licensed | ||||||
| 4 | veterans establishment,
or
licensed
fraternal
establishment | ||||||
| 5 | may operate up to 5 video gaming terminals on its premises at | ||||||
| 6 | any
time.
| ||||||
| 7 | (f) (Blank).
| ||||||
| 8 | (g) Financial interest restrictions.
As used in this Act, | ||||||
| 9 | "substantial interest" in a partnership, a corporation, an
| ||||||
| 10 | organization, an association, a business, or a limited | ||||||
| 11 | liability company means:
| ||||||
| 12 | (A) When, with respect to a sole proprietorship, an | ||||||
| 13 | individual or
his or her spouse owns, operates, manages, or | ||||||
| 14 | conducts, directly
or indirectly, the organization, | ||||||
| 15 | association, or business, or any part thereof;
or
| ||||||
| 16 | (B) When, with respect to a partnership, the individual | ||||||
| 17 | or his or
her spouse shares in any of the profits, or | ||||||
| 18 | potential profits,
of the partnership activities; or
| ||||||
| 19 | (C) When, with respect to a corporation, an individual | ||||||
| 20 | or his or her
spouse is an officer or director, or the | ||||||
| 21 | individual or his or her spouse is a holder, directly or | ||||||
| 22 | beneficially, of 5% or more of any class
of stock of the | ||||||
| 23 | corporation; or
| ||||||
| 24 | (D) When, with respect to an organization not covered | ||||||
| 25 | in (A), (B) or
(C) above, an individual or his or her | ||||||
| 26 | spouse is an officer or manages the
business affairs, or | ||||||
| |||||||
| |||||||
| 1 | the individual or his or her spouse is the
owner of or | ||||||
| 2 | otherwise controls 10% or more of the assets of the | ||||||
| 3 | organization;
or
| ||||||
| 4 | (E) When an individual or his or her spouse furnishes
| ||||||
| 5 | 5% or more of the capital, whether in cash, goods, or | ||||||
| 6 | services, for the
operation of any business, association, | ||||||
| 7 | or organization during any calendar
year; or | ||||||
| 8 | (F) When, with respect to a limited liability company, | ||||||
| 9 | an individual or his or her
spouse is a member, or the | ||||||
| 10 | individual or his or her spouse is a holder, directly or | ||||||
| 11 | beneficially, of 5% or more of the membership interest of | ||||||
| 12 | the limited liability company.
| ||||||
| 13 | For purposes of this subsection (g), "individual" includes | ||||||
| 14 | all individuals or their spouses whose combined interest would | ||||||
| 15 | qualify as a substantial interest under this subsection (g) and | ||||||
| 16 | whose activities with respect to an organization, association, | ||||||
| 17 | or business are so closely aligned or coordinated as to | ||||||
| 18 | constitute the activities of a single entity. | ||||||
| 19 | (h) Location restriction. A licensed establishment, | ||||||
| 20 | licensed truck stop establishment, licensed
fraternal
| ||||||
| 21 | establishment, or licensed veterans establishment that is (i) | ||||||
| 22 | located within 1,000
feet of a facility operated by an | ||||||
| 23 | organization licensee licensed under the Illinois Horse Racing | ||||||
| 24 | Act of 1975 or the home dock of a riverboat licensed under the | ||||||
| 25 | Riverboat
Gambling Act or (ii) located within 100 feet of a | ||||||
| 26 | school or a place of worship under the Religious Corporation | ||||||
| |||||||
| |||||||
| 1 | Act, is ineligible to operate a video gaming terminal. The | ||||||
| 2 | location restrictions in this subsection (h) do not apply if | ||||||
| 3 | (A) a facility operated by an organization licensee, a school, | ||||||
| 4 | or a place of worship moves to or is established within the | ||||||
| 5 | restricted area after a licensed establishment, licensed truck | ||||||
| 6 | stop establishment, licensed fraternal establishment, or | ||||||
| 7 | licensed veterans establishment becomes licensed under this | ||||||
| 8 | Act or (B) a school or place of worship moves to or is | ||||||
| 9 | established within the restricted area after a licensed | ||||||
| 10 | establishment, licensed truck stop establishment, licensed | ||||||
| 11 | fraternal establishment, or licensed veterans establishment | ||||||
| 12 | obtains its original liquor license. For the purpose of this | ||||||
| 13 | subsection, "school" means an elementary or secondary public | ||||||
| 14 | school, or an elementary or secondary private school registered | ||||||
| 15 | with or recognized by the State Board of Education. | ||||||
| 16 | Notwithstanding the provisions of this subsection (h), the | ||||||
| 17 | Board may waive the requirement that a licensed establishment, | ||||||
| 18 | licensed truck stop establishment, licensed fraternal | ||||||
| 19 | establishment, or licensed veterans establishment not be | ||||||
| 20 | located within 1,000 feet from a facility operated by an | ||||||
| 21 | organization licensee or licensed under the Illinois Horse | ||||||
| 22 | Racing Act of 1975 or the home dock of a riverboat licensed | ||||||
| 23 | under the Riverboat Gambling Act. The Board shall not grant | ||||||
| 24 | such waiver if there is any common ownership or control, shared | ||||||
| 25 | business activity, or contractual arrangement of any type | ||||||
| 26 | between the establishment and the organization licensee or | ||||||
| |||||||
| |||||||
| 1 | owners licensee of a riverboat. The Board shall adopt rules to | ||||||
| 2 | implement the provisions of this paragraph. | ||||||
| 3 | (i) Undue economic concentration. In addition to | ||||||
| 4 | considering all other requirements under this Act, in deciding | ||||||
| 5 | whether to approve the operation of video gaming terminals by a | ||||||
| 6 | terminal operator in a location, the Board shall consider the | ||||||
| 7 | impact of any economic concentration of such operation of video | ||||||
| 8 | gaming terminals. The Board shall not allow a terminal operator | ||||||
| 9 | to operate video gaming terminals if the Board determines such | ||||||
| 10 | operation will result in undue economic concentration. For | ||||||
| 11 | purposes of this Section, "undue economic concentration" means | ||||||
| 12 | that a terminal operator would have such actual or potential | ||||||
| 13 | influence over video gaming terminals in Illinois as to: | ||||||
| 14 | (1) substantially impede or suppress competition among | ||||||
| 15 | terminal operators; | ||||||
| 16 | (2) adversely impact the economic stability of the | ||||||
| 17 | video gaming industry in Illinois; or | ||||||
| 18 | (3) negatively impact the purposes of the Video Gaming | ||||||
| 19 | Act. | ||||||
| 20 | The Board shall adopt rules concerning undue economic | ||||||
| 21 | concentration with respect to the operation of video gaming | ||||||
| 22 | terminals in Illinois. The rules shall include, but not be | ||||||
| 23 | limited to, (i) limitations on the number of video gaming | ||||||
| 24 | terminals operated by any terminal operator within a defined | ||||||
| 25 | geographic radius and (ii) guidelines on the discontinuation of | ||||||
| 26 | operation of any such video gaming terminals the Board | ||||||
| |||||||
| |||||||
| 1 | determines will cause undue economic concentration.
| ||||||
| 2 | (j) The provisions of the Illinois Antitrust Act are fully | ||||||
| 3 | and equally applicable to the activities of any licensee under | ||||||
| 4 | this Act.
| ||||||
| 5 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, | ||||||
| 6 | eff. 7-15-13; 98-112, eff. 7-26-13; revised 10-17-13.)
| ||||||
| 7 | (230 ILCS 40/45)
| ||||||
| 8 | Sec. 45. Issuance of license.
| ||||||
| 9 | (a) The burden is upon each applicant to
demonstrate his | ||||||
| 10 | suitability for licensure. Each video gaming terminal
| ||||||
| 11 | manufacturer, distributor, supplier, operator, handler, | ||||||
| 12 | licensed establishment, licensed truck stop establishment, | ||||||
| 13 | licensed
fraternal
establishment, and licensed veterans | ||||||
| 14 | establishment shall be
licensed by the Board.
The Board may | ||||||
| 15 | issue or deny a license under this Act to any person pursuant | ||||||
| 16 | to the same criteria set forth in Section 9 of the Riverboat | ||||||
| 17 | Gambling Act.
| ||||||
| 18 | (a-5) The Board shall not grant a license to a person who | ||||||
| 19 | has facilitated, enabled, or participated in the use of | ||||||
| 20 | coin-operated devices for gambling purposes or who is under the | ||||||
| 21 | significant influence or control of such a person. For the | ||||||
| 22 | purposes of this Act, "facilitated, enabled, or participated in | ||||||
| 23 | the use of coin-operated amusement devices for gambling | ||||||
| 24 | purposes" means that the person has been convicted of any | ||||||
| 25 | violation of Article 28 of the Criminal Code of 1961 or the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 2012. If there is pending legal action against | ||||||
| 2 | a person for any such violation, then the Board shall delay the | ||||||
| 3 | licensure of that person until the legal action is resolved. | ||||||
| 4 | (b) Each person seeking and possessing a license as a video | ||||||
| 5 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
| 6 | handler, licensed establishment, licensed truck stop | ||||||
| 7 | establishment, licensed fraternal establishment, or licensed | ||||||
| 8 | veterans establishment shall submit to a background | ||||||
| 9 | investigation conducted by the Board with the assistance of the | ||||||
| 10 | State Police or other law enforcement. To the extent that the | ||||||
| 11 | corporate structure of the applicant allows, the background | ||||||
| 12 | investigation shall include any or all of the following as the | ||||||
| 13 | Board deems appropriate or as provided by rule for each | ||||||
| 14 | category of licensure: (i) each beneficiary of a trust, (ii) | ||||||
| 15 | each partner of a partnership, (iii) each member of a limited | ||||||
| 16 | liability company, (iv) each director and officer of a publicly | ||||||
| 17 | or non-publicly held corporation, (v) each stockholder of a | ||||||
| 18 | non-publicly held corporation, (vi) each stockholder of 5% or | ||||||
| 19 | more of a publicly held corporation, or (vii) each stockholder | ||||||
| 20 | of 5% or more in a parent or subsidiary corporation. | ||||||
| 21 | (c) Each person seeking and possessing a license as a video | ||||||
| 22 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
| 23 | handler, licensed establishment, licensed truck stop | ||||||
| 24 | establishment, licensed fraternal establishment, or licensed | ||||||
| 25 | veterans establishment shall disclose the identity of every | ||||||
| 26 | person, association, trust, corporation, or limited liability | ||||||
| |||||||
| |||||||
| 1 | company having a greater than 1% direct or indirect pecuniary | ||||||
| 2 | interest in the video gaming terminal operation for which the | ||||||
| 3 | license is sought. If the disclosed entity is a trust, the | ||||||
| 4 | application shall disclose the names and addresses of the | ||||||
| 5 | beneficiaries; if a corporation, the names and addresses of all | ||||||
| 6 | stockholders and directors; if a limited liability company, the | ||||||
| 7 | names and addresses of all members; or if a partnership, the | ||||||
| 8 | names and addresses of all partners, both general and limited. | ||||||
| 9 | (d) No person may be licensed as a video gaming terminal | ||||||
| 10 | manufacturer, distributor, supplier, operator, handler, | ||||||
| 11 | licensed establishment, licensed truck stop establishment, | ||||||
| 12 | licensed fraternal establishment, or licensed veterans | ||||||
| 13 | establishment if that person has been found by the Board to: | ||||||
| 14 | (1) have a background, including a criminal record, | ||||||
| 15 | reputation, habits, social or business associations, or | ||||||
| 16 | prior activities that pose a threat to the public interests | ||||||
| 17 | of the State or to the security and integrity of video | ||||||
| 18 | gaming; | ||||||
| 19 | (2) create or enhance the dangers of unsuitable, | ||||||
| 20 | unfair, or illegal practices, methods, and activities in | ||||||
| 21 | the conduct of video gaming; or | ||||||
| 22 | (3) present questionable business practices and | ||||||
| 23 | financial arrangements incidental to the conduct of video | ||||||
| 24 | gaming activities. | ||||||
| 25 | (e) Any applicant for any license under this Act has the | ||||||
| 26 | burden of proving his or her qualifications to the satisfaction | ||||||
| |||||||
| |||||||
| 1 | of the Board. The Board may adopt rules to establish additional | ||||||
| 2 | qualifications and requirements to preserve the integrity and | ||||||
| 3 | security of video gaming in this State. | ||||||
| 4 | (f) A non-refundable application fee shall be paid at the | ||||||
| 5 | time an
application for a license is filed with the Board in | ||||||
| 6 | the following amounts:
| ||||||
| 7 | (1) Manufacturer..........................$5,000
| ||||||
| 8 | (2) Distributor...........................$5,000
| ||||||
| 9 | (3) Terminal operator.....................$5,000
| ||||||
| 10 | (4) Supplier..............................$2,500
| ||||||
| 11 | (5) Technician..............................$100
| ||||||
| 12 | (6) Terminal Handler..............................$50 | ||||||
| 13 | (g) The Board shall establish an
annual fee for each | ||||||
| 14 | license not to exceed the following: | ||||||
| 15 | (1) Manufacturer.........................$10,000
| ||||||
| 16 | (2) Distributor..........................$10,000
| ||||||
| 17 | (3) Terminal operator.....................$5,000
| ||||||
| 18 | (4) Supplier..............................$2,000
| ||||||
| 19 | (5) Technician..............................$100
| ||||||
| 20 | (6) Licensed establishment, licensed truck stop
| ||||||
| 21 | establishment, licensed fraternal establishment,
| ||||||
| 22 | or licensed veterans establishment..............$100
| ||||||
| 23 | (7) Video gaming terminal...................$100
| ||||||
| 24 | (8) Terminal Handler..............................$50
| ||||||
| 25 | (h) A terminal operator and a licensed establishment, | ||||||
| 26 | licensed truck stop establishment, licensed fraternal | ||||||
| |||||||
| |||||||
| 1 | establishment,
or licensed veterans establishment shall | ||||||
| 2 | equally split the fees specified in item (7) of subsection (g). | ||||||
| 3 | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; | ||||||
| 4 | 98-587, eff. 8-27-13; revised 9-19-13.)
| ||||||
| 5 | Section 535. The Liquor Control Act of 1934 is amended by | ||||||
| 6 | changing Sections 5-1, 6-2, 6-6, 6-15, and 7-1 as follows:
| ||||||
| 7 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
| 8 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
| 9 | Commission
shall be of the following classes: | ||||||
| 10 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
| 11 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
| 12 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
| 13 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
| 14 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | ||||||
| 15 | 10. Craft Brewer, | ||||||
| 16 | (b) Distributor's license, | ||||||
| 17 | (c) Importing Distributor's license, | ||||||
| 18 | (d) Retailer's license, | ||||||
| 19 | (e) Special Event Retailer's license (not-for-profit), | ||||||
| 20 | (f) Railroad license, | ||||||
| 21 | (g) Boat license, | ||||||
| 22 | (h) Non-Beverage User's license, | ||||||
| 23 | (i) Wine-maker's premises license, | ||||||
| 24 | (j) Airplane license, | ||||||
| |||||||
| |||||||
| 1 | (k) Foreign importer's license, | ||||||
| 2 | (l) Broker's license, | ||||||
| 3 | (m) Non-resident dealer's
license, | ||||||
| 4 | (n) Brew Pub license, | ||||||
| 5 | (o) Auction liquor license, | ||||||
| 6 | (p) Caterer retailer license, | ||||||
| 7 | (q) Special use permit license, | ||||||
| 8 | (r) Winery shipper's license.
| ||||||
| 9 | No
person, firm, partnership, corporation, or other legal | ||||||
| 10 | business entity that is
engaged in the manufacturing of wine | ||||||
| 11 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
| 12 | wine manufacturer's license. | ||||||
| 13 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
| 14 | importation in bulk, storage, distribution and sale of | ||||||
| 15 | alcoholic liquor
to persons without the State, as may be | ||||||
| 16 | permitted by law and to licensees
in this State as follows: | ||||||
| 17 | Class 1. A Distiller may make sales and deliveries of | ||||||
| 18 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
| 19 | distributors, distributors and
non-beverage users and to no | ||||||
| 20 | other licensees. | ||||||
| 21 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
| 22 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
| 23 | rectifiers, importing distributors,
distributors, retailers | ||||||
| 24 | and non-beverage users and to no other licensees. | ||||||
| 25 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
| 26 | importing
distributors and distributors and may make sales as | ||||||
| |||||||
| |||||||
| 1 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
| 2 | Class 4. A first class wine-manufacturer may make sales and | ||||||
| 3 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
| 4 | importing
distributors and distributors, and to no other | ||||||
| 5 | licensees. | ||||||
| 6 | Class 5. A second class Wine manufacturer may make sales | ||||||
| 7 | and deliveries
of more than 50,000 gallons of wine to | ||||||
| 8 | manufacturers, importing distributors
and distributors and to | ||||||
| 9 | no other licensees. | ||||||
| 10 | Class 6. A first-class wine-maker's license shall allow the | ||||||
| 11 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
| 12 | storage
and sale of such
wine to distributors in the State and | ||||||
| 13 | to persons without the
State, as may be permitted by law. A | ||||||
| 14 | person who, prior to the effective date of this amendatory Act | ||||||
| 15 | of the 95th General Assembly, is a holder of a first-class | ||||||
| 16 | wine-maker's license and annually produces more than 25,000 | ||||||
| 17 | gallons of its own wine and who distributes its wine to | ||||||
| 18 | licensed retailers shall cease this practice on or before July | ||||||
| 19 | 1, 2008 in compliance with this amendatory Act of the 95th | ||||||
| 20 | General Assembly. | ||||||
| 21 | Class 7. A second-class wine-maker's license shall allow | ||||||
| 22 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
| 23 | per year, and
the
storage and sale of such wine
to distributors | ||||||
| 24 | in this State and to persons without the State, as may be
| ||||||
| 25 | permitted by law. A person who, prior to the effective date of | ||||||
| 26 | this amendatory Act of the 95th General Assembly, is a holder | ||||||
| |||||||
| |||||||
| 1 | of a second-class wine-maker's license and annually produces | ||||||
| 2 | more than 25,000 gallons of its own wine and who distributes | ||||||
| 3 | its wine to licensed retailers shall cease this practice on or | ||||||
| 4 | before July 1, 2008 in compliance with this amendatory Act of | ||||||
| 5 | the 95th General Assembly. | ||||||
| 6 | Class 8. A limited wine-manufacturer may make sales and | ||||||
| 7 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
| 8 | distributors, and to
non-licensees in accordance with the | ||||||
| 9 | provisions of this Act. | ||||||
| 10 | Class 9. A craft distiller license shall allow the | ||||||
| 11 | manufacture of up to 30,000 gallons of spirits by distillation | ||||||
| 12 | for one year after the effective date of this amendatory Act of | ||||||
| 13 | the 97th General Assembly and up to 35,000 gallons of spirits | ||||||
| 14 | by distillation per year thereafter and the storage of such | ||||||
| 15 | spirits. If a craft distiller licensee is not affiliated with | ||||||
| 16 | any other manufacturer, then the craft distiller licensee may | ||||||
| 17 | sell such spirits to distributors in this State and up to 2,500 | ||||||
| 18 | gallons of such spirits to non-licensees to the extent | ||||||
| 19 | permitted by any exemption approved by the Commission pursuant | ||||||
| 20 | to Section 6-4 of this Act. | ||||||
| 21 | Any craft distiller licensed under this Act who on the | ||||||
| 22 | effective date of this amendatory Act of the 96th General | ||||||
| 23 | Assembly was licensed as a distiller and manufactured no more | ||||||
| 24 | spirits than permitted by this Section shall not be required to | ||||||
| 25 | pay the initial licensing fee. | ||||||
| 26 | Class 10. A craft brewer's license, which may only be | ||||||
| |||||||
| |||||||
| 1 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
| 2 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
| 3 | per year. A craft brewer licensee may make sales and deliveries | ||||||
| 4 | to importing distributors and distributors and to retail | ||||||
| 5 | licensees in accordance with the conditions set forth in | ||||||
| 6 | paragraph (18) of subsection (a) of Section 3-12 of this Act. | ||||||
| 7 | (a-1) A manufacturer which is licensed in this State to | ||||||
| 8 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
| 9 | distributors or importing distributors and which enlists | ||||||
| 10 | agents, representatives, or
individuals acting on its behalf | ||||||
| 11 | who contact licensed retailers on a regular
and continual basis | ||||||
| 12 | in this State must register those agents, representatives,
or | ||||||
| 13 | persons acting on its behalf with the State Commission. | ||||||
| 14 | Registration of agents, representatives, or persons acting | ||||||
| 15 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
| 16 | to the Commission. The form
shall be developed by the | ||||||
| 17 | Commission and shall include the name and address of
the | ||||||
| 18 | applicant, the name and address of the manufacturer he or she | ||||||
| 19 | represents,
the territory or areas assigned to sell to or | ||||||
| 20 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
| 21 | questions deemed appropriate and necessary.
All statements in | ||||||
| 22 | the forms required to be made by law or by rule shall be
deemed | ||||||
| 23 | material, and any person who knowingly misstates any material | ||||||
| 24 | fact under
oath in an application is guilty of a Class B | ||||||
| 25 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
| 26 | misleading statements, evasions, or
suppression of material | ||||||
| |||||||
| |||||||
| 1 | facts in the securing of a registration are grounds for
| ||||||
| 2 | suspension or revocation of the registration. The State | ||||||
| 3 | Commission shall post a list of registered agents on the | ||||||
| 4 | Commission's website. | ||||||
| 5 | (b) A distributor's license shall allow the wholesale | ||||||
| 6 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
| 7 | liquors to licensees
in this State and to persons without the | ||||||
| 8 | State, as may be permitted by law. | ||||||
| 9 | (c) An importing distributor's license may be issued to and | ||||||
| 10 | held by
those only who are duly licensed distributors, upon the | ||||||
| 11 | filing of an
application by a duly licensed distributor, with | ||||||
| 12 | the Commission and
the Commission shall, without the
payment of | ||||||
| 13 | any fee, immediately issue such importing distributor's
| ||||||
| 14 | license to the applicant, which shall allow the importation of | ||||||
| 15 | alcoholic
liquor by the licensee into this State from any point | ||||||
| 16 | in the United
States outside this State, and the purchase of | ||||||
| 17 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
| 18 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
| 19 | but all bottles or containers
so filled shall be sealed, | ||||||
| 20 | labeled, stamped and otherwise made to comply
with all | ||||||
| 21 | provisions, rules and regulations governing manufacturers in
| ||||||
| 22 | the preparation and bottling of alcoholic liquors. The | ||||||
| 23 | importing
distributor's license shall permit such licensee to | ||||||
| 24 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
| 25 | dealers and foreign importers only. | ||||||
| 26 | (d) A retailer's license shall allow the licensee to sell | ||||||
| |||||||
| |||||||
| 1 | and offer
for sale at retail, only in the premises specified in | ||||||
| 2 | the license,
alcoholic liquor for use or consumption, but not | ||||||
| 3 | for resale in any form. Nothing in this amendatory Act of the | ||||||
| 4 | 95th General Assembly shall deny, limit, remove, or restrict | ||||||
| 5 | the ability of a holder of a retailer's license to transfer, | ||||||
| 6 | deliver, or ship alcoholic liquor to the purchaser for use or | ||||||
| 7 | consumption subject to any applicable local law or ordinance. | ||||||
| 8 | Any retail license issued to a manufacturer shall only
permit | ||||||
| 9 | the manufacturer to sell beer at retail on the premises | ||||||
| 10 | actually
occupied by the manufacturer. For the purpose of | ||||||
| 11 | further describing the type of business conducted at a retail | ||||||
| 12 | licensed premises, a retailer's licensee may be designated by | ||||||
| 13 | the State Commission as (i) an on premise consumption retailer, | ||||||
| 14 | (ii) an off premise sale retailer, or (iii) a combined on | ||||||
| 15 | premise consumption and off premise sale retailer.
| ||||||
| 16 | Notwithstanding any other provision of this subsection | ||||||
| 17 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
| 18 | event retailer licensee for
resale to the extent permitted | ||||||
| 19 | under subsection (e). | ||||||
| 20 | (e) A special event retailer's license (not-for-profit) | ||||||
| 21 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
| 22 | Illinois licensed distributor
(unless the licensee purchases | ||||||
| 23 | less than $500 of alcoholic liquors for the
special event, in | ||||||
| 24 | which case the licensee may purchase the alcoholic liquors
from | ||||||
| 25 | a licensed retailer) and shall allow the licensee to sell and | ||||||
| 26 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
| |||||||
| |||||||
| 1 | consumption, but not for resale
in any form and only at the | ||||||
| 2 | location and on the specific dates designated for
the special | ||||||
| 3 | event in the license. An applicant for a special event retailer
| ||||||
| 4 | license must
(i) furnish with the application: (A) a resale | ||||||
| 5 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
| 6 | Act or evidence that the applicant is
registered under Section | ||||||
| 7 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
| 8 | exemption identification
number issued under Section 1g of the | ||||||
| 9 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
| 10 | Commission that the purchase of alcoholic liquors will be
a | ||||||
| 11 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
| 12 | not registered
under Section 2a of the Retailers' Occupation | ||||||
| 13 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
| 14 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
| 15 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
| 16 | in which event the Commission shall set forth on the special | ||||||
| 17 | event
retailer's license a statement to that effect; (ii) | ||||||
| 18 | submit with the application proof satisfactory to
the State | ||||||
| 19 | Commission that the applicant will provide dram shop liability
| ||||||
| 20 | insurance in the maximum limits; and (iii) show proof | ||||||
| 21 | satisfactory to the
State Commission that the applicant has | ||||||
| 22 | obtained local authority
approval. | ||||||
| 23 | (f) A railroad license shall permit the licensee to import | ||||||
| 24 | alcoholic
liquors into this State from any point in the United | ||||||
| 25 | States outside this
State and to store such alcoholic liquors | ||||||
| 26 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
| |||||||
| |||||||
| 1 | directly from manufacturers, foreign
importers, distributors | ||||||
| 2 | and importing distributors from within or outside
this State; | ||||||
| 3 | and to store such alcoholic liquors in this State; provided
| ||||||
| 4 | that the above powers may be exercised only in connection with | ||||||
| 5 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
| 6 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
| 7 | operated on an electric,
gas or steam railway in this State; | ||||||
| 8 | and provided further, that railroad
licensees exercising the | ||||||
| 9 | above powers shall be subject to all provisions of
Article VIII | ||||||
| 10 | of this Act as applied to importing distributors. A railroad
| ||||||
| 11 | license shall also permit the licensee to sell or dispense | ||||||
| 12 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
| 13 | operated on an electric,
gas or steam railway regularly | ||||||
| 14 | operated by a common carrier in this State,
but shall not | ||||||
| 15 | permit the sale for resale of any alcoholic liquors to any
| ||||||
| 16 | licensee within this State. A license shall be obtained for | ||||||
| 17 | each car in which
such sales are made. | ||||||
| 18 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
| 19 | in
individual drinks, on any passenger boat regularly operated | ||||||
| 20 | as a common
carrier on navigable waters in this State or on any | ||||||
| 21 | riverboat operated
under
the Riverboat Gambling Act, which boat | ||||||
| 22 | or riverboat maintains a public
dining room or restaurant | ||||||
| 23 | thereon. | ||||||
| 24 | (h) A non-beverage user's license shall allow the licensee | ||||||
| 25 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
| 26 | importing
distributor, without the imposition of any tax upon | ||||||
| |||||||
| |||||||
| 1 | the business of such
licensed manufacturer or importing | ||||||
| 2 | distributor as to such alcoholic
liquor to be used by such | ||||||
| 3 | licensee solely for the non-beverage purposes
set forth in | ||||||
| 4 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
| 5 | shall be divided and classified and shall permit the
purchase, | ||||||
| 6 | possession and use of limited and stated quantities of
| ||||||
| 7 | alcoholic liquor as follows: | ||||||
| 8 | Class 1, not to exceed ......................... 500 gallons
| ||||||
| 9 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
| 10 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
| 11 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
| 12 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
| 13 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
| 14 | that concurrently holds a first-class wine-maker's license to | ||||||
| 15 | sell
and offer for sale at retail in the premises specified in | ||||||
| 16 | such license
not more than 50,000 gallons of the first-class | ||||||
| 17 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
| 18 | licensed premises per year for use or
consumption, but not for | ||||||
| 19 | resale in any form. A wine-maker's premises
license shall allow | ||||||
| 20 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
| 21 | license to sell and offer for sale at retail in the premises
| ||||||
| 22 | specified in such license up to 100,000 gallons of the
| ||||||
| 23 | second-class wine-maker's wine that is made at the second-class | ||||||
| 24 | wine-maker's
licensed premises per year
for use or consumption | ||||||
| 25 | but not for resale in any form. A wine-maker's premises license | ||||||
| 26 | shall allow a
licensee that concurrently holds a first-class | ||||||
| |||||||
| |||||||
| 1 | wine-maker's license or a second-class
wine-maker's license to | ||||||
| 2 | sell
and offer for sale at retail at the premises specified in | ||||||
| 3 | the wine-maker's premises license, for use or consumption but | ||||||
| 4 | not for resale in any form, any beer, wine, and spirits | ||||||
| 5 | purchased from a licensed distributor. Upon approval from the
| ||||||
| 6 | State Commission, a wine-maker's premises license
shall allow | ||||||
| 7 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
| 8 | licensed premises and (ii) at up to 2 additional locations for | ||||||
| 9 | use and
consumption and not for resale. Each location shall | ||||||
| 10 | require additional
licensing per location as specified in | ||||||
| 11 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
| 12 | secure liquor liability insurance coverage in an amount at
| ||||||
| 13 | least equal to the maximum liability amounts set forth in
| ||||||
| 14 | subsection (a) of Section 6-21 of this Act.
| ||||||
| 15 | (j) An airplane license shall permit the licensee to import
| ||||||
| 16 | alcoholic liquors into this State from any point in the United | ||||||
| 17 | States
outside this State and to store such alcoholic liquors | ||||||
| 18 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
| 19 | directly from
manufacturers, foreign importers, distributors | ||||||
| 20 | and importing
distributors from within or outside this State; | ||||||
| 21 | and to store such
alcoholic liquors in this State; provided | ||||||
| 22 | that the above powers may be
exercised only in connection with | ||||||
| 23 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
| 24 | sold or dispensed on an airplane; and
provided further, that | ||||||
| 25 | airplane licensees exercising the above powers
shall be subject | ||||||
| 26 | to all provisions of Article VIII of this Act as
applied to | ||||||
| |||||||
| |||||||
| 1 | importing distributors. An airplane licensee shall also
permit | ||||||
| 2 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
| 3 | airplane regularly operated by a common carrier in this State, | ||||||
| 4 | but shall
not permit the sale for resale of any alcoholic | ||||||
| 5 | liquors to any licensee
within this State. A single airplane | ||||||
| 6 | license shall be required of an
airline company if liquor | ||||||
| 7 | service is provided on board aircraft in this
State. The annual | ||||||
| 8 | fee for such license shall be as determined in
Section 5-3. | ||||||
| 9 | (k) A foreign importer's license shall permit such licensee | ||||||
| 10 | to purchase
alcoholic liquor from Illinois licensed | ||||||
| 11 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
| 12 | than in bulk from any point outside the
United States and to | ||||||
| 13 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
| 14 | distributors and to no one else in Illinois;
provided that (i) | ||||||
| 15 | the foreign importer registers with the State Commission
every
| ||||||
| 16 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
| 17 | licensees during the
license period, (ii) the foreign importer | ||||||
| 18 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
| 19 | with respect to registration of such Illinois licensees as may
| ||||||
| 20 | be granted the
right to sell such brands at wholesale, and | ||||||
| 21 | (iii) the foreign importer complies with the provisions of | ||||||
| 22 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
| 23 | provisions apply to manufacturers. | ||||||
| 24 | (l) (i) A broker's license shall be required of all persons
| ||||||
| 25 | who solicit
orders for, offer to sell or offer to supply | ||||||
| 26 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
| |||||||
| |||||||
| 1 | offer to retailers to ship or
cause to be shipped or to make | ||||||
| 2 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
| 3 | or any other party within or without the State
of Illinois in | ||||||
| 4 | order that alcoholic liquors be shipped to a distributor,
| ||||||
| 5 | importing distributor or foreign importer, whether such | ||||||
| 6 | solicitation or
offer is consummated within or without the | ||||||
| 7 | State of Illinois. | ||||||
| 8 | No holder of a retailer's license issued by the Illinois | ||||||
| 9 | Liquor
Control Commission shall purchase or receive any | ||||||
| 10 | alcoholic liquor, the
order for which was solicited or offered | ||||||
| 11 | for sale to such retailer by a
broker unless the broker is the | ||||||
| 12 | holder of a valid broker's license. | ||||||
| 13 | The broker shall, upon the acceptance by a retailer of the | ||||||
| 14 | broker's
solicitation of an order or offer to sell or supply or | ||||||
| 15 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
| 16 | to the Illinois Liquor
Control Commission a notification of | ||||||
| 17 | said transaction in such form as
the Commission may by | ||||||
| 18 | regulations prescribe. | ||||||
| 19 | (ii) A broker's license shall be required of
a person | ||||||
| 20 | within this State, other than a retail licensee,
who, for a fee | ||||||
| 21 | or commission, promotes, solicits, or accepts orders for
| ||||||
| 22 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
| 23 | be shipped from this State and delivered to residents outside | ||||||
| 24 | of
this State by an express company, common carrier, or | ||||||
| 25 | contract carrier.
This Section does not apply to any person who | ||||||
| 26 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
| |||||||
| |||||||
| 1 | authorized in Section 6-29 of this Act. | ||||||
| 2 | A broker's license under this subsection (l)
shall not | ||||||
| 3 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
| 4 | own account or to take or deliver title to
such alcoholic | ||||||
| 5 | liquors. | ||||||
| 6 | This subsection (l)
shall not apply to distributors, | ||||||
| 7 | employees of
distributors, or employees of a manufacturer who | ||||||
| 8 | has registered the
trademark, brand or name of the alcoholic | ||||||
| 9 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
| 10 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
| 11 | its registrants thereunder. | ||||||
| 12 | Any agent, representative, or person subject to | ||||||
| 13 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
| 14 | not be eligible to receive a broker's
license. | ||||||
| 15 | (m) A non-resident dealer's license shall permit such | ||||||
| 16 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
| 17 | State from any point
outside of this State, and to sell such | ||||||
| 18 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
| 19 | importing distributors and to no one else in this State;
| ||||||
| 20 | provided that (i) said non-resident dealer shall register with | ||||||
| 21 | the Illinois Liquor
Control Commission each and every brand of | ||||||
| 22 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
| 23 | licensees during the license period, (ii) it shall comply with | ||||||
| 24 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
| 25 | registration of such Illinois licensees as may be granted the | ||||||
| 26 | right
to sell such brands at wholesale, and (iii) the | ||||||
| |||||||
| |||||||
| 1 | non-resident dealer shall comply with the provisions of | ||||||
| 2 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
| 3 | provisions apply to manufacturers. | ||||||
| 4 | (n) A brew pub license shall allow the licensee (i) to | ||||||
| 5 | manufacture beer only
on the premises specified in the license, | ||||||
| 6 | (ii) to make sales of the
beer manufactured on the premises or, | ||||||
| 7 | with the approval of the Commission, beer manufactured on | ||||||
| 8 | another brew pub licensed premises that is substantially owned | ||||||
| 9 | and operated by the same licensee to importing distributors, | ||||||
| 10 | distributors,
and to non-licensees for use and consumption, | ||||||
| 11 | (iii) to store the beer upon
the premises, and (iv) to sell and | ||||||
| 12 | offer for sale at retail from the licensed
premises, provided | ||||||
| 13 | that a brew pub licensee shall not sell for off-premises
| ||||||
| 14 | consumption more than 50,000 gallons per year. A person who | ||||||
| 15 | holds a brew pub license may simultaneously hold a craft brewer | ||||||
| 16 | license if he or she otherwise qualifies for the craft brewer | ||||||
| 17 | license and the craft brewer license is for a location separate | ||||||
| 18 | from the brew pub's licensed premises. A brew pub license shall | ||||||
| 19 | permit a person who has received prior approval from the | ||||||
| 20 | Commission to annually transfer no more than a total of 50,000 | ||||||
| 21 | gallons of beer manufactured on premises to all other licensed | ||||||
| 22 | brew pubs that are substantially owned and operated by the same | ||||||
| 23 | person. | ||||||
| 24 | (o) A caterer retailer license shall allow the holder
to | ||||||
| 25 | serve alcoholic liquors as an incidental part of a food service | ||||||
| 26 | that serves
prepared meals which excludes the serving of snacks | ||||||
| |||||||
| |||||||
| 1 | as
the primary meal, either on or off-site whether licensed or | ||||||
| 2 | unlicensed. | ||||||
| 3 | (p) An auction liquor license shall allow the licensee to | ||||||
| 4 | sell and offer
for sale at auction wine and spirits for use or | ||||||
| 5 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
| 6 | accordance with provisions of this Act. An
auction liquor | ||||||
| 7 | license will be issued to a person and it will permit the
| ||||||
| 8 | auction liquor licensee to hold the auction anywhere in the | ||||||
| 9 | State. An auction
liquor license must be obtained for each | ||||||
| 10 | auction at least 14 days in advance of
the auction date. | ||||||
| 11 | (q) A special use permit license shall allow an Illinois | ||||||
| 12 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
| 13 | inventory from its
retail licensed premises to the premises | ||||||
| 14 | specified in the license hereby
created, and to sell or offer | ||||||
| 15 | for sale at retail, only in the premises
specified in the | ||||||
| 16 | license hereby created, the transferred alcoholic liquor for
| ||||||
| 17 | use or consumption, but not for resale in any form. A special | ||||||
| 18 | use permit
license may be granted for the following time | ||||||
| 19 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
| 20 | per location in any 12 month period. An
applicant for the | ||||||
| 21 | special use permit license must also submit with the
| ||||||
| 22 | application proof satisfactory to the State Commission that the | ||||||
| 23 | applicant will
provide dram shop liability insurance to the | ||||||
| 24 | maximum limits and have local
authority approval. | ||||||
| 25 | (r) A winery shipper's license shall allow a person
with a | ||||||
| 26 | first-class or second-class wine manufacturer's
license, a | ||||||
| |||||||
| |||||||
| 1 | first-class or second-class wine-maker's license,
or a limited | ||||||
| 2 | wine manufacturer's license or who is licensed to
make wine | ||||||
| 3 | under the laws of another state to ship wine
made by that | ||||||
| 4 | licensee directly to a resident of this
State who is 21 years | ||||||
| 5 | of age or older for that resident's
personal use and not for | ||||||
| 6 | resale. Prior to receiving a
winery shipper's license, an | ||||||
| 7 | applicant for the license must
provide the Commission with a | ||||||
| 8 | true copy of its current
license in any state in which it is | ||||||
| 9 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
| 10 | shipper's license must
also complete an application form that | ||||||
| 11 | provides any other
information the Commission deems necessary. | ||||||
| 12 | The
application form shall include an acknowledgement | ||||||
| 13 | consenting
to the jurisdiction of the Commission, the Illinois
| ||||||
| 14 | Department of Revenue, and the courts of this State concerning
| ||||||
| 15 | the enforcement of this Act and any related laws, rules, and
| ||||||
| 16 | regulations, including authorizing the Department of Revenue
| ||||||
| 17 | and the Commission to conduct audits for the purpose of
| ||||||
| 18 | ensuring compliance with this amendatory Act. | ||||||
| 19 | A winery shipper licensee must pay to the Department
of | ||||||
| 20 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
| 21 | all wine that is sold by the licensee and shipped to a person
| ||||||
| 22 | in this State. For the purposes of Section 8-1, a winery
| ||||||
| 23 | shipper licensee shall be taxed in the same manner as a
| ||||||
| 24 | manufacturer of wine. A licensee who is not otherwise required | ||||||
| 25 | to register under the Retailers' Occupation Tax Act must
| ||||||
| 26 | register under the Use Tax Act to collect and remit use tax to
| ||||||
| |||||||
| |||||||
| 1 | the Department of Revenue for all gallons of wine that are sold
| ||||||
| 2 | by the licensee and shipped to persons in this State. If a
| ||||||
| 3 | licensee fails to remit the tax imposed under this Act in
| ||||||
| 4 | accordance with the provisions of Article VIII of this Act, the
| ||||||
| 5 | winery shipper's license shall be revoked in accordance
with | ||||||
| 6 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
| 7 | to properly register and remit tax under the Use Tax Act
or the | ||||||
| 8 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
| 9 | winery shipper and shipped to persons in this
State, the winery | ||||||
| 10 | shipper's license shall be revoked in
accordance with the | ||||||
| 11 | provisions of Article VII of this Act. | ||||||
| 12 | A winery shipper licensee must collect, maintain, and
| ||||||
| 13 | submit to the Commission on a semi-annual basis the
total | ||||||
| 14 | number of cases per resident of wine shipped to residents
of | ||||||
| 15 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
| 16 | must comply with the requirements of Section 6-29 of this | ||||||
| 17 | amendatory Act.
| ||||||
| 18 | (Source: P.A. 97-5, eff. 6-1-11; 97-455, eff. 8-19-11; 97-813, | ||||||
| 19 | eff. 7-13-12; 97-1166, eff. 3-1-13; 98-394, eff. 8-16-13; | ||||||
| 20 | 98-401, eff. 8-16-13; revised 9-12-13.)
| ||||||
| 21 | (235 ILCS 5/6-2) (from Ch. 43, par. 120)
| ||||||
| 22 | Sec. 6-2. Issuance of licenses to certain persons | ||||||
| 23 | prohibited.
| ||||||
| 24 | (a) Except as otherwise provided in subsection (b) of this | ||||||
| 25 | Section and in paragraph (1) of subsection (a) of Section 3-12, | ||||||
| |||||||
| |||||||
| 1 | no license
of any kind issued by the State Commission or any | ||||||
| 2 | local
commission shall be issued to:
| ||||||
| 3 | (1) A person who is not a resident of any city, village | ||||||
| 4 | or county in
which the premises covered by the license are | ||||||
| 5 | located; except in case of
railroad or boat licenses.
| ||||||
| 6 | (2) A person who is not of good character and | ||||||
| 7 | reputation in the
community in which he resides.
| ||||||
| 8 | (3) A person who is not a citizen of the United States.
| ||||||
| 9 | (4) A person who has been convicted of a felony under | ||||||
| 10 | any Federal or
State law, unless the Commission determines | ||||||
| 11 | that such
person has been sufficiently rehabilitated to | ||||||
| 12 | warrant the public trust
after considering matters set | ||||||
| 13 | forth in such person's application and the
Commission's | ||||||
| 14 | investigation. The burden of proof of sufficient
| ||||||
| 15 | rehabilitation shall be on the applicant.
| ||||||
| 16 | (5) A person who has been convicted of keeping a place | ||||||
| 17 | of prostitution or keeping a place of juvenile | ||||||
| 18 | prostitution, promoting prostitution that involves keeping | ||||||
| 19 | a place of prostitution, or promoting juvenile | ||||||
| 20 | prostitution that involves keeping a place of juvenile | ||||||
| 21 | prostitution.
| ||||||
| 22 | (6) A person who has been convicted of pandering or | ||||||
| 23 | other crime or
misdemeanor opposed to decency and morality.
| ||||||
| 24 | (7) A person whose license issued under this Act has | ||||||
| 25 | been revoked for
cause.
| ||||||
| 26 | (8) A person who at the time of application for renewal | ||||||
| |||||||
| |||||||
| 1 | of any license
issued hereunder would not be eligible for | ||||||
| 2 | such license upon a first
application.
| ||||||
| 3 | (9) A copartnership, if any general partnership | ||||||
| 4 | thereof, or any
limited partnership thereof, owning more | ||||||
| 5 | than 5% of the aggregate limited
partner interest in such | ||||||
| 6 | copartnership would not be eligible to receive a
license | ||||||
| 7 | hereunder for any reason other than residence within the | ||||||
| 8 | political
subdivision, unless residency is required by | ||||||
| 9 | local ordinance.
| ||||||
| 10 | (10) A corporation or limited liability company, if any | ||||||
| 11 | member, officer, manager or director thereof, or
any | ||||||
| 12 | stockholder or stockholders owning in the aggregate more | ||||||
| 13 | than 5% of the
stock of such corporation, would not be | ||||||
| 14 | eligible to receive a license
hereunder for any reason | ||||||
| 15 | other than citizenship and residence within the
political | ||||||
| 16 | subdivision.
| ||||||
| 17 | (10a) A corporation or limited liability company | ||||||
| 18 | unless it is incorporated or organized in Illinois, or | ||||||
| 19 | unless it
is a foreign corporation or foreign limited | ||||||
| 20 | liability company which is qualified under the Business
| ||||||
| 21 | Corporation Act of 1983 or the Limited Liability Company | ||||||
| 22 | Act to transact business in Illinois. The Commission shall | ||||||
| 23 | permit and accept from an applicant for a license under | ||||||
| 24 | this Act proof prepared from the Secretary of State's | ||||||
| 25 | website that the corporation or limited liability company | ||||||
| 26 | is in good standing and is qualified under the Business
| ||||||
| |||||||
| |||||||
| 1 | Corporation Act of 1983 or the Limited Liability Company | ||||||
| 2 | Act to transact business in Illinois.
| ||||||
| 3 | (11) A person whose place of business is conducted by a | ||||||
| 4 | manager or agent
unless the manager or agent possesses the | ||||||
| 5 | same qualifications required by
the licensee.
| ||||||
| 6 | (12) A person who has been convicted of a violation of | ||||||
| 7 | any Federal or
State law concerning the manufacture, | ||||||
| 8 | possession or sale of alcoholic
liquor, subsequent to the | ||||||
| 9 | passage of this Act or has forfeited his bond to
appear in | ||||||
| 10 | court to answer charges for any such violation.
| ||||||
| 11 | (13) A person who does not beneficially own the | ||||||
| 12 | premises for which a
license is sought, or does not have a | ||||||
| 13 | lease thereon for the full period for
which the license is | ||||||
| 14 | to be issued.
| ||||||
| 15 | (14) Any law enforcing public official, including | ||||||
| 16 | members
of local liquor control commissions,
any mayor, | ||||||
| 17 | alderman, or member of the
city council or commission, any | ||||||
| 18 | president of the village board of trustees,
any member of a | ||||||
| 19 | village board of trustees, or any president or member of a
| ||||||
| 20 | county board; and no such official shall have a direct | ||||||
| 21 | interest in the
manufacture, sale, or distribution of | ||||||
| 22 | alcoholic liquor, except that a
license
may be granted to | ||||||
| 23 | such official in relation to premises that are
not
located | ||||||
| 24 | within the territory subject to the jurisdiction of that | ||||||
| 25 | official
if the issuance of such license is approved by the | ||||||
| 26 | State Liquor Control
Commission
and except that a license | ||||||
| |||||||
| |||||||
| 1 | may be granted, in a city or village with a
population of | ||||||
| 2 | 55,000 or less, to any alderman, member of a city council, | ||||||
| 3 | or
member of a village board of trustees in relation to | ||||||
| 4 | premises that are located
within the territory
subject to | ||||||
| 5 | the jurisdiction of that official if (i) the sale of | ||||||
| 6 | alcoholic
liquor pursuant to the license is incidental to | ||||||
| 7 | the selling of food, (ii) the
issuance of the license is | ||||||
| 8 | approved by the State Commission, (iii) the
issuance of the | ||||||
| 9 | license is in accordance with all applicable local | ||||||
| 10 | ordinances
in effect where the premises are located, and | ||||||
| 11 | (iv) the official granted a
license does not vote on | ||||||
| 12 | alcoholic liquor issues pending before the board or
council | ||||||
| 13 | to which the license holder is elected. Notwithstanding any | ||||||
| 14 | provision of this paragraph (14) to the contrary, an | ||||||
| 15 | alderman or member of a city council or commission, a | ||||||
| 16 | member of a village board of trustees other than the | ||||||
| 17 | president of the village board of trustees, or a member of | ||||||
| 18 | a county board other than the president of a county board | ||||||
| 19 | may have a direct interest in the manufacture, sale, or | ||||||
| 20 | distribution of alcoholic liquor as long as he or she is | ||||||
| 21 | not a law enforcing public official, a mayor, a village | ||||||
| 22 | board president, or president of a county board. To prevent | ||||||
| 23 | any conflict of interest, the elected official with the | ||||||
| 24 | direct interest in the manufacture, sale, or distribution | ||||||
| 25 | of alcoholic liquor shall not participate in any meetings, | ||||||
| 26 | hearings, or decisions on matters impacting the | ||||||
| |||||||
| |||||||
| 1 | manufacture, sale, or distribution of alcoholic liquor. | ||||||
| 2 | Furthermore, the mayor of a city with a population of | ||||||
| 3 | 55,000 or less or the president of a village with a | ||||||
| 4 | population of 55,000 or less may have an interest in the | ||||||
| 5 | manufacture, sale, or distribution of alcoholic liquor as | ||||||
| 6 | long as the council or board over which he or she presides | ||||||
| 7 | has made a local liquor control commissioner appointment | ||||||
| 8 | that complies with the requirements of Section 4-2 of this | ||||||
| 9 | Act.
| ||||||
| 10 | (15) A person who is not a beneficial owner of the | ||||||
| 11 | business to be
operated by the licensee.
| ||||||
| 12 | (16) A person who has been convicted of a gambling | ||||||
| 13 | offense as
proscribed by any of subsections (a) (3) through | ||||||
| 14 | (a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||||||
| 15 | 28-1.1 or 28-3 of, the Criminal Code of
1961 or the | ||||||
| 16 | Criminal Code of 2012, or as proscribed by a
statute
| ||||||
| 17 | replaced by any of the aforesaid statutory provisions.
| ||||||
| 18 | (17) A person or entity to whom a federal wagering | ||||||
| 19 | stamp has been
issued by the
federal government, unless the | ||||||
| 20 | person or entity is eligible to be issued a
license under | ||||||
| 21 | the Raffles Act or the Illinois Pull Tabs and Jar Games | ||||||
| 22 | Act.
| ||||||
| 23 | (18) A person who intends to sell alcoholic liquors for | ||||||
| 24 | use or
consumption on his or her licensed retail premises | ||||||
| 25 | who does not have liquor
liability insurance coverage for | ||||||
| 26 | that premises in an amount that is at least
equal to the | ||||||
| |||||||
| |||||||
| 1 | maximum liability amounts set out in subsection (a) of | ||||||
| 2 | Section
6-21.
| ||||||
| 3 | (19) A person who is licensed by any licensing | ||||||
| 4 | authority as a manufacturer of beer, or any partnership, | ||||||
| 5 | corporation, limited liability company, or trust or any | ||||||
| 6 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
| 7 | of business enterprise licensed as a manufacturer of beer, | ||||||
| 8 | having any legal, equitable, or beneficial interest, | ||||||
| 9 | directly or indirectly, in a person licensed in this State | ||||||
| 10 | as a distributor or importing distributor. For purposes of | ||||||
| 11 | this paragraph (19), a person who is licensed by any | ||||||
| 12 | licensing authority as a "manufacturer of beer" shall also | ||||||
| 13 | mean a brewer and a non-resident dealer who is also a | ||||||
| 14 | manufacturer of beer, including a partnership, | ||||||
| 15 | corporation, limited liability company, or trust or any | ||||||
| 16 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
| 17 | of business enterprise licensed as a manufacturer of beer. | ||||||
| 18 | (20) A person who is licensed in this State as a | ||||||
| 19 | distributor or importing distributor, or any partnership, | ||||||
| 20 | corporation, limited liability company, or trust or any | ||||||
| 21 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
| 22 | of business enterprise licensed in this State as a | ||||||
| 23 | distributor or importing distributor having any legal, | ||||||
| 24 | equitable, or beneficial interest, directly or indirectly, | ||||||
| 25 | in a person licensed as a manufacturer of beer by any | ||||||
| 26 | licensing authority, or any partnership, corporation, | ||||||
| |||||||
| |||||||
| 1 | limited liability company, or trust or any subsidiary, | ||||||
| 2 | affiliate, or agent thereof, or any other form of business | ||||||
| 3 | enterprise, except for a person who owns, on or after the | ||||||
| 4 | effective date of this amendatory Act of the 98th General | ||||||
| 5 | Assembly, no more than 5% of the outstanding shares of a | ||||||
| 6 | manufacturer of beer whose shares are publicly traded on an | ||||||
| 7 | exchange within the meaning of the Securities Exchange Act | ||||||
| 8 | of 1934. For the purposes of this paragraph (20), a person | ||||||
| 9 | who is licensed by any licensing authority as a | ||||||
| 10 | "manufacturer of beer" shall also mean a brewer and a | ||||||
| 11 | non-resident dealer who is also a manufacturer of beer, | ||||||
| 12 | including a partnership, corporation, limited liability | ||||||
| 13 | company, or trust or any subsidiary, affiliate, or agent | ||||||
| 14 | thereof, or any other form of business enterprise licensed | ||||||
| 15 | as a manufacturer of beer. | ||||||
| 16 | (b) A criminal conviction of a corporation is not grounds | ||||||
| 17 | for the
denial, suspension, or revocation of a license applied | ||||||
| 18 | for or held by the
corporation if the criminal conviction was | ||||||
| 19 | not the result of a violation of any
federal or State law | ||||||
| 20 | concerning the manufacture, possession or sale of
alcoholic | ||||||
| 21 | liquor, the offense that led to the conviction did not result | ||||||
| 22 | in any
financial gain to the corporation and the corporation | ||||||
| 23 | has terminated its
relationship with each director, officer, | ||||||
| 24 | employee, or controlling shareholder
whose actions directly | ||||||
| 25 | contributed to the conviction of the corporation. The
| ||||||
| 26 | Commission shall determine if all provisions of this subsection | ||||||
| |||||||
| |||||||
| 1 | (b) have been
met before any action on the corporation's | ||||||
| 2 | license is initiated.
| ||||||
| 3 | (Source: P.A. 97-1059, eff. 8-24-12; 97-1150, eff. 1-25-13; | ||||||
| 4 | 98-10, eff. 5-6-13; 98-21, eff. 6-13-13, revised 9-24-13.)
| ||||||
| 5 | (235 ILCS 5/6-6) (from Ch. 43, par. 123)
| ||||||
| 6 | Sec. 6-6.
Except as otherwise provided in this Act no | ||||||
| 7 | manufacturer or
distributor or importing distributor shall, | ||||||
| 8 | directly, or indirectly,
sell, supply, furnish, give or pay | ||||||
| 9 | for, or loan or lease, any
furnishing, fixture or equipment on | ||||||
| 10 | the premises of a place of business
of another licensee | ||||||
| 11 | authorized under this Act to sell alcoholic liquor
at retail, | ||||||
| 12 | either for consumption on or off the premises, nor shall he or | ||||||
| 13 | she,
directly or indirectly, pay for any such license, or | ||||||
| 14 | advance, furnish,
lend or give money for payment of such | ||||||
| 15 | license, or purchase or become
the owner of any note, mortgage, | ||||||
| 16 | or other evidence of indebtedness of
such licensee or any form | ||||||
| 17 | of security therefor, nor shall such
manufacturer, or | ||||||
| 18 | distributor, or importing distributor, directly or
indirectly, | ||||||
| 19 | be interested in the ownership, conduct or operation of the
| ||||||
| 20 | business of any licensee authorized to sell alcoholic liquor at | ||||||
| 21 | retail,
nor shall any manufacturer, or distributor, or | ||||||
| 22 | importing distributor be
interested directly or indirectly or | ||||||
| 23 | as owner or part owner of said
premises or as lessee or lessor | ||||||
| 24 | thereof, in any premises upon which
alcoholic liquor is sold at | ||||||
| 25 | retail.
| ||||||
| |||||||
| |||||||
| 1 | No manufacturer or distributor or importing distributor | ||||||
| 2 | shall,
directly or indirectly or through a subsidiary or | ||||||
| 3 | affiliate, or by any
officer, director or firm of such | ||||||
| 4 | manufacturer, distributor or importing
distributor, furnish, | ||||||
| 5 | give, lend or rent, install, repair or maintain,
to or for any | ||||||
| 6 | retail licensee in this State, any
signs or inside advertising | ||||||
| 7 | materials except as provided in this Section and
Section 6-5. | ||||||
| 8 | With respect to
retail licensees, other than any government | ||||||
| 9 | owned or operated auditorium,
exhibition hall, recreation | ||||||
| 10 | facility or other similar facility holding a
retailer's license | ||||||
| 11 | as described in Section 6-5, a manufacturer,
distributor, or | ||||||
| 12 | importing distributor may furnish, give, lend or rent and
| ||||||
| 13 | erect, install, repair and maintain to or for any retail | ||||||
| 14 | licensee, for use
at any one time in or about or in connection | ||||||
| 15 | with a retail establishment on
which the products of the | ||||||
| 16 | manufacturer, distributor or importing
distributor are sold, | ||||||
| 17 | the following signs and inside advertising materials
as | ||||||
| 18 | authorized in subparts (i), (ii), (iii), and (iv):
| ||||||
| 19 | (i) Permanent outside signs shall be limited to one | ||||||
| 20 | outside sign, per
brand, in place and in use at any one | ||||||
| 21 | time,
costing not more than $893, exclusive of erection,
| ||||||
| 22 | installation, repair and maintenance costs, and permit | ||||||
| 23 | fees and
shall bear only the manufacturer's name, brand | ||||||
| 24 | name, trade name, slogans,
markings, trademark, or other | ||||||
| 25 | symbols commonly associated with and generally
used in | ||||||
| 26 | identifying the product including, but not limited to, | ||||||
| |||||||
| |||||||
| 1 | "cold beer", "on
tap", "carry out", and "packaged liquor".
| ||||||
| 2 | (ii) Temporary outside signs shall be
limited to one | ||||||
| 3 | temporary outside sign per brand. Examples of temporary | ||||||
| 4 | outside
signs are banners, flags, pennants,
streamers, and | ||||||
| 5 | other items of a temporary and non-permanent
nature. Each | ||||||
| 6 | temporary outside sign must include the manufacturer's | ||||||
| 7 | name,
brand name, trade name, slogans, markings,
| ||||||
| 8 | trademark, or other symbol commonly associated with and | ||||||
| 9 | generally used in
identifying the product. Temporary | ||||||
| 10 | outside signs may also include,
for example, the product,
| ||||||
| 11 | price, packaging, date or dates of a promotion and an | ||||||
| 12 | announcement of a
retail licensee's specific sponsored | ||||||
| 13 | event, if the temporary outside sign is
intended to promote | ||||||
| 14 | a product, and provided that the announcement of the retail
| ||||||
| 15 | licensee's event and the product promotion are held | ||||||
| 16 | simultaneously. However,
temporary outside signs may not | ||||||
| 17 | include names, slogans, markings, or logos that
relate to | ||||||
| 18 | the retailer. Nothing in this subpart (ii) shall prohibit a
| ||||||
| 19 | distributor or importing distributor from bearing the cost | ||||||
| 20 | of creating or
printing a temporary outside sign for the | ||||||
| 21 | retail licensee's specific sponsored
event or from bearing | ||||||
| 22 | the cost of creating or printing a temporary sign for a
| ||||||
| 23 | retail licensee containing, for example, community | ||||||
| 24 | goodwill expressions,
regional sporting event | ||||||
| 25 | announcements, or seasonal messages, provided that the
| ||||||
| 26 | primary purpose of the temporary outside sign is to | ||||||
| |||||||
| |||||||
| 1 | highlight, promote, or
advertise the product.
In addition, | ||||||
| 2 | temporary outside signs provided by the manufacturer to
the | ||||||
| 3 | distributor or importing distributor may also include, for | ||||||
| 4 | example, subject
to the limitations of this Section, | ||||||
| 5 | preprinted community goodwill expressions,
sporting event | ||||||
| 6 | announcements, seasonal messages, and manufacturer | ||||||
| 7 | promotional
announcements. However, a distributor or | ||||||
| 8 | importing distributor shall not bear
the cost of such | ||||||
| 9 | manufacturer preprinted signs.
| ||||||
| 10 | (iii) Permanent inside
signs, whether visible from the | ||||||
| 11 | outside or the inside of the premises,
include, but are not | ||||||
| 12 | limited to: alcohol lists and menus that may include
names, | ||||||
| 13 | slogans, markings, or logos that relate to the retailer; | ||||||
| 14 | neons;
illuminated signs; clocks; table lamps; mirrors; | ||||||
| 15 | tap handles; decalcomanias;
window painting; and window | ||||||
| 16 | trim. All permanent inside signs in place
and in use at any | ||||||
| 17 | one time shall cost in the aggregate not more than $2000 | ||||||
| 18 | per
manufacturer. A permanent inside sign must include the
| ||||||
| 19 | manufacturer's name, brand name, trade name, slogans, | ||||||
| 20 | markings, trademark, or
other symbol commonly associated | ||||||
| 21 | with and generally used in identifying
the product. | ||||||
| 22 | However,
permanent inside signs may not include names, | ||||||
| 23 | slogans, markings, or logos
that relate to the retailer. | ||||||
| 24 | For the purpose of this subpart (iii), all
permanent inside | ||||||
| 25 | signs may be displayed in an adjacent courtyard or patio
| ||||||
| 26 | commonly referred to as a "beer garden" that is a part of | ||||||
| |||||||
| |||||||
| 1 | the retailer's
licensed premises.
| ||||||
| 2 | (iv) Temporary inside signs shall include, but are not | ||||||
| 3 | limited to, lighted
chalk boards, acrylic table tent | ||||||
| 4 | beverage or hors d'oeuvre list holders,
banners, flags, | ||||||
| 5 | pennants, streamers, and inside advertising materials such | ||||||
| 6 | as
posters, placards, bowling sheets, table tents, inserts | ||||||
| 7 | for acrylic table tent
beverage or hors d'oeuvre list | ||||||
| 8 | holders, sports schedules,
or similar printed or | ||||||
| 9 | illustrated materials; however, such items, for example,
| ||||||
| 10 | as coasters, trays, napkins, glassware and cups shall not | ||||||
| 11 | be deemed to be
inside signs or advertising materials and | ||||||
| 12 | may only be sold to retailers. All
temporary inside signs | ||||||
| 13 | and inside advertising materials in place and in use at
any | ||||||
| 14 | one time shall cost in the aggregate not more than $325 per | ||||||
| 15 | manufacturer.
Nothing in this subpart (iv) prohibits a | ||||||
| 16 | distributor or importing distributor
from paying the cost | ||||||
| 17 | of
printing or creating any temporary inside banner or | ||||||
| 18 | inserts for acrylic table
tent beverage or hors d'oeuvre | ||||||
| 19 | list holders for a retail licensee, provided
that the | ||||||
| 20 | primary purpose for the banner or insert is to highlight, | ||||||
| 21 | promote, or
advertise the product. For the purpose of this | ||||||
| 22 | subpart (iv), all temporary
inside signs and inside | ||||||
| 23 | advertising materials may be displayed in an adjacent
| ||||||
| 24 | courtyard or patio commonly referred to as a "beer garden" | ||||||
| 25 | that is a part of
the retailer's licensed premises.
| ||||||
| 26 | A "cost adjustment factor" shall be used to periodically | ||||||
| |||||||
| |||||||
| 1 | update the
dollar limitations prescribed in subparts (i), | ||||||
| 2 | (iii), and (iv). The Commission
shall establish the adjusted | ||||||
| 3 | dollar limitation on an annual basis beginning in
January, | ||||||
| 4 | 1997. The term "cost adjustment factor"
means a percentage | ||||||
| 5 | equal to the change in the Bureau of Labor Statistics
Consumer | ||||||
| 6 | Price Index or 5%, whichever is greater.
The restrictions | ||||||
| 7 | contained in this Section 6-6 do not apply to signs, or
| ||||||
| 8 | promotional or advertising materials furnished by | ||||||
| 9 | manufacturers, distributors
or importing distributors to a | ||||||
| 10 | government owned or operated facility holding
a retailer's | ||||||
| 11 | license as described in Section 6-5.
| ||||||
| 12 | No distributor or importing distributor shall directly or | ||||||
| 13 | indirectly
or through a subsidiary or affiliate, or by any | ||||||
| 14 | officer, director or
firm of such manufacturer, distributor or | ||||||
| 15 | importing distributor,
furnish, give, lend or rent, install, | ||||||
| 16 | repair or maintain, to or for any
retail licensee in this | ||||||
| 17 | State, any signs or
inside advertising materials described in | ||||||
| 18 | subparts (i), (ii), (iii), or (iv)
of this Section except as | ||||||
| 19 | the agent for or on behalf of a manufacturer,
provided that the | ||||||
| 20 | total cost of any signs and inside advertising materials
| ||||||
| 21 | including but not limited to labor, erection, installation and | ||||||
| 22 | permit fees
shall be paid by the manufacturer whose product or | ||||||
| 23 | products said signs
and inside advertising materials advertise | ||||||
| 24 | and except as follows:
| ||||||
| 25 | A distributor or importing distributor may purchase from or | ||||||
| 26 | enter into a
written agreement with a manufacturer or a | ||||||
| |||||||
| |||||||
| 1 | manufacturer's designated supplier
and such manufacturer or | ||||||
| 2 | the manufacturer's designated supplier may sell or
enter into | ||||||
| 3 | an agreement to sell to a distributor or importing distributor
| ||||||
| 4 | permitted signs and advertising materials described in | ||||||
| 5 | subparts (ii), (iii), or
(iv) of this Section for the purpose | ||||||
| 6 | of furnishing, giving, lending, renting,
installing, | ||||||
| 7 | repairing, or maintaining such signs or advertising materials | ||||||
| 8 | to or
for any retail licensee in this State. Any purchase by a | ||||||
| 9 | distributor or
importing distributor from a manufacturer or a | ||||||
| 10 | manufacturer's designated
supplier shall be voluntary and the | ||||||
| 11 | manufacturer may not require the
distributor or the importing | ||||||
| 12 | distributor to purchase signs or advertising
materials from the | ||||||
| 13 | manufacturer or the manufacturer's designated supplier.
| ||||||
| 14 | A distributor or importing distributor shall be deemed the | ||||||
| 15 | owner of such
signs or advertising materials purchased from a | ||||||
| 16 | manufacturer or
a manufacturer's designated supplier.
| ||||||
| 17 | The provisions of Public Act 90-373
concerning signs or | ||||||
| 18 | advertising materials delivered by a manufacturer to a
| ||||||
| 19 | distributor or importing distributor shall apply only to signs | ||||||
| 20 | or advertising
materials delivered on or after August 14, 1997.
| ||||||
| 21 | No person engaged in the business of manufacturing, | ||||||
| 22 | importing or
distributing alcoholic liquors shall, directly or | ||||||
| 23 | indirectly, pay for,
or advance, furnish, or lend money for the | ||||||
| 24 | payment of any license for
another. Any licensee who shall | ||||||
| 25 | permit or assent, or be a party in any
way to any violation or | ||||||
| 26 | infringement of the provisions of this Section
shall be deemed | ||||||
| |||||||
| |||||||
| 1 | guilty of a violation of this Act, and any money loaned
| ||||||
| 2 | contrary to a provision of this Act shall not be recovered | ||||||
| 3 | back, or any
note, mortgage or other evidence of indebtedness, | ||||||
| 4 | or security, or any
lease or contract obtained or made contrary | ||||||
| 5 | to this Act shall be
unenforceable and void.
| ||||||
| 6 | This Section shall not apply to airplane licensees | ||||||
| 7 | exercising powers
provided in paragraph (i) of Section 5-1 of | ||||||
| 8 | this Act.
| ||||||
| 9 | (Source: P.A. 89-238, eff. 8-4-95; 89-529, eff. 7-19-96; | ||||||
| 10 | 90-373, eff.
8-14-97; 90-432, eff. 1-1-98; 90-655, eff. | ||||||
| 11 | 7-30-98; revised 9-24-13.)
| ||||||
| 12 | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
| ||||||
| 13 | Sec. 6-15. No alcoholic liquors shall be sold or delivered | ||||||
| 14 | in any
building belonging to or under the control of the State | ||||||
| 15 | or any political
subdivision thereof except as provided in this | ||||||
| 16 | Act. The corporate
authorities of any city, village, | ||||||
| 17 | incorporated town, township, or county may provide by
| ||||||
| 18 | ordinance, however, that alcoholic liquor may be sold or | ||||||
| 19 | delivered in any
specifically designated building belonging to | ||||||
| 20 | or under the control of the
municipality, township, or county, | ||||||
| 21 | or in any building located on land under the
control of the | ||||||
| 22 | municipality, township, or county; provided that such township | ||||||
| 23 | or county complies with all
applicable local ordinances in any | ||||||
| 24 | incorporated area of the township or county.
Alcoholic liquor | ||||||
| 25 | may be delivered to and sold under the authority of a special | ||||||
| |||||||
| |||||||
| 1 | use permit on any property owned by a conservation district | ||||||
| 2 | organized under the Conservation District Act, provided that | ||||||
| 3 | (i) the alcoholic liquor is sold only at an event authorized by | ||||||
| 4 | the governing board of the conservation district, (ii) the | ||||||
| 5 | issuance of the special use permit is authorized by the local | ||||||
| 6 | liquor control commissioner of the territory in which the | ||||||
| 7 | property is located, and (iii) the special use permit | ||||||
| 8 | authorizes the sale of alcoholic liquor for one day or less. | ||||||
| 9 | Alcoholic liquors may be delivered to and sold at any airport | ||||||
| 10 | belonging to
or under the control of a municipality of more | ||||||
| 11 | than 25,000 inhabitants, or
in any building or on any golf | ||||||
| 12 | course owned by a park district organized under
the Park | ||||||
| 13 | District
Code, subject to the approval of the governing board | ||||||
| 14 | of the district, or
in any building or on any golf course owned | ||||||
| 15 | by a forest preserve district
organized under the Downstate | ||||||
| 16 | Forest Preserve District Act, subject to the
approval of the | ||||||
| 17 | governing board of the district, or on the grounds
within 500 | ||||||
| 18 | feet of any building owned by a forest preserve district
| ||||||
| 19 | organized under the Downstate Forest Preserve District Act | ||||||
| 20 | during
times when food is dispensed for consumption within
500 | ||||||
| 21 | feet of the building from which the food is dispensed,
subject | ||||||
| 22 | to the
approval of the
governing board of the district, or in a | ||||||
| 23 | building owned by a Local Mass
Transit District organized under | ||||||
| 24 | the Local Mass Transit District Act, subject
to the approval of | ||||||
| 25 | the governing Board of the District, or in Bicentennial
Park, | ||||||
| 26 | or
on the premises of the City of Mendota Lake Park
located | ||||||
| |||||||
| |||||||
| 1 | adjacent to Route 51 in Mendota, Illinois, or on the premises | ||||||
| 2 | of
Camden Park in Milan, Illinois, or in the community center | ||||||
| 3 | owned by the
City of Loves Park that is located at 1000 River | ||||||
| 4 | Park Drive in Loves Park,
Illinois, or, in connection with the | ||||||
| 5 | operation of an established food
serving facility during times | ||||||
| 6 | when food is dispensed for consumption on the
premises, and at | ||||||
| 7 | the following aquarium and museums located in public
parks: Art | ||||||
| 8 | Institute of Chicago, Chicago Academy of Sciences, Chicago
| ||||||
| 9 | Historical Society, Field Museum of Natural History, Museum of | ||||||
| 10 | Science and
Industry, DuSable Museum of African American | ||||||
| 11 | History, John G. Shedd
Aquarium and Adler Planetarium, or at | ||||||
| 12 | Lakeview Museum of Arts and Sciences
in Peoria, or in | ||||||
| 13 | connection with the operation of the facilities of the
Chicago | ||||||
| 14 | Zoological Society or the Chicago Horticultural Society on land
| ||||||
| 15 | owned by the Forest Preserve District of Cook County,
or on any | ||||||
| 16 | land used for a golf course or for recreational purposes
owned | ||||||
| 17 | by the Forest Preserve District of Cook County, subject to the | ||||||
| 18 | control
of the Forest Preserve District Board of Commissioners | ||||||
| 19 | and applicable local
law, provided that dram shop liability | ||||||
| 20 | insurance is provided at
maximum coverage limits so as to hold | ||||||
| 21 | the
District harmless from all financial loss, damage, and | ||||||
| 22 | harm,
or in any building
located on land owned by the Chicago | ||||||
| 23 | Park District if approved by the Park
District Commissioners, | ||||||
| 24 | or on any land used for a golf course or for
recreational | ||||||
| 25 | purposes and owned by the Illinois International Port District | ||||||
| 26 | if
approved by the District's governing board, or at any | ||||||
| |||||||
| |||||||
| 1 | airport, golf course,
faculty center, or
facility in which | ||||||
| 2 | conference and convention type activities take place
belonging | ||||||
| 3 | to or under control of any State university or public community
| ||||||
| 4 | college district, provided that with respect to a facility for | ||||||
| 5 | conference
and convention type activities alcoholic liquors | ||||||
| 6 | shall be limited to the
use of the convention or conference | ||||||
| 7 | participants or participants
in cultural, political or | ||||||
| 8 | educational activities held in such facilities,
and provided | ||||||
| 9 | further that the faculty or staff of the State university or
a | ||||||
| 10 | public community college district, or members of an | ||||||
| 11 | organization of
students, alumni, faculty or staff of the State | ||||||
| 12 | university or a public
community college district are active | ||||||
| 13 | participants in the conference
or convention, or in Memorial | ||||||
| 14 | Stadium on the campus of the University of
Illinois at | ||||||
| 15 | Urbana-Champaign during games in which the
Chicago Bears | ||||||
| 16 | professional football team is playing in that stadium during | ||||||
| 17 | the
renovation of Soldier Field, not more than one and a half | ||||||
| 18 | hours before the
start of the game and not after the end of the | ||||||
| 19 | third quarter of the game,
or in the Pavilion Facility on the | ||||||
| 20 | campus of the University of Illinois at Chicago during games in | ||||||
| 21 | which the Chicago Storm professional soccer team is playing in | ||||||
| 22 | that facility, not more than one and a half hours before the | ||||||
| 23 | start of the game and not after the end of the third quarter of | ||||||
| 24 | the game, or in the Pavilion Facility on the campus of the | ||||||
| 25 | University of Illinois at Chicago during games in which the | ||||||
| 26 | WNBA professional women's basketball team is playing in that | ||||||
| |||||||
| |||||||
| 1 | facility, not more than one and a half hours before the start | ||||||
| 2 | of the game and not after the 10-minute mark of the second half | ||||||
| 3 | of the game, or by a catering establishment which has rented | ||||||
| 4 | facilities
from a board of trustees of a public community | ||||||
| 5 | college district, or in a restaurant that is operated by a | ||||||
| 6 | commercial tenant in the North Campus Parking Deck building | ||||||
| 7 | that (1) is located at 1201 West University Avenue, Urbana, | ||||||
| 8 | Illinois and (2) is owned by the Board of Trustees of the | ||||||
| 9 | University of Illinois, or, if
approved by the District board, | ||||||
| 10 | on land owned by the Metropolitan Sanitary
District of Greater | ||||||
| 11 | Chicago and leased to others for a term of at least
20 years. | ||||||
| 12 | Nothing in this Section precludes the sale or delivery of
| ||||||
| 13 | alcoholic liquor in the form of original packaged goods in | ||||||
| 14 | premises located
at 500 S. Racine in Chicago belonging to the | ||||||
| 15 | University of Illinois and
used primarily as a grocery store by | ||||||
| 16 | a commercial tenant during the term of
a lease that predates | ||||||
| 17 | the University's acquisition of the premises; but the
| ||||||
| 18 | University shall have no power or authority to renew, transfer, | ||||||
| 19 | or extend
the lease with terms allowing the sale of alcoholic | ||||||
| 20 | liquor; and the sale of
alcoholic liquor shall be subject to | ||||||
| 21 | all local laws and regulations.
After the acquisition by | ||||||
| 22 | Winnebago County of the property located at 404
Elm Street in | ||||||
| 23 | Rockford, a commercial tenant who sold alcoholic liquor at
| ||||||
| 24 | retail on a portion of the property under a valid license at | ||||||
| 25 | the time of
the acquisition may continue to do so for so long | ||||||
| 26 | as the tenant and the
County may agree under existing or future | ||||||
| |||||||
| |||||||
| 1 | leases, subject to all local laws
and regulations regarding the | ||||||
| 2 | sale of alcoholic liquor. Alcoholic liquors may be delivered to | ||||||
| 3 | and sold at Memorial Hall, located at 211 North Main Street, | ||||||
| 4 | Rockford, under conditions approved by Winnebago County and | ||||||
| 5 | subject to all local laws and regulations regarding the sale of | ||||||
| 6 | alcoholic liquor. Each
facility shall provide dram shop | ||||||
| 7 | liability in maximum insurance coverage
limits so as to save | ||||||
| 8 | harmless the State, municipality, State university,
airport, | ||||||
| 9 | golf course, faculty center, facility in which conference and
| ||||||
| 10 | convention type activities take place, park district, Forest | ||||||
| 11 | Preserve
District, public community college district, | ||||||
| 12 | aquarium, museum, or sanitary
district from all financial loss, | ||||||
| 13 | damage or harm. Alcoholic liquors may be
sold at retail in | ||||||
| 14 | buildings of golf courses owned by municipalities or Illinois | ||||||
| 15 | State University in
connection with the operation of an | ||||||
| 16 | established food serving facility
during times when food is | ||||||
| 17 | dispensed for consumption upon the premises.
Alcoholic liquors | ||||||
| 18 | may be delivered to and sold at retail in any building
owned by | ||||||
| 19 | a fire protection district organized under the Fire Protection
| ||||||
| 20 | District Act, provided that such delivery and sale is approved | ||||||
| 21 | by the board
of trustees of the district, and provided further | ||||||
| 22 | that such delivery and
sale is limited to fundraising events | ||||||
| 23 | and to a maximum of 6 events per year. However, the limitation | ||||||
| 24 | to fundraising events and to a maximum of 6 events per year | ||||||
| 25 | does not apply to the delivery, sale, or manufacture of | ||||||
| 26 | alcoholic liquors at the building located at 59 Main Street in | ||||||
| |||||||
| |||||||
| 1 | Oswego, Illinois, owned by the Oswego Fire Protection District | ||||||
| 2 | if the alcoholic liquor is sold or dispensed as approved by the | ||||||
| 3 | Oswego Fire Protection District and the property is no longer | ||||||
| 4 | being utilized for fire protection purposes.
| ||||||
| 5 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 6 | the control of the Board of Trustees of the University of | ||||||
| 7 | Illinois for events that the Board may determine are public | ||||||
| 8 | events and not related student activities. The Board of | ||||||
| 9 | Trustees shall issue a written policy within 6 months of the | ||||||
| 10 | effective date of this amendatory Act of the 95th General | ||||||
| 11 | Assembly concerning the types of events that would be eligible | ||||||
| 12 | for an exemption. Thereafter, the Board of Trustees may issue | ||||||
| 13 | revised, updated, new, or amended policies as it deems | ||||||
| 14 | necessary and appropriate. In preparing its written policy, the | ||||||
| 15 | Board of Trustees shall, among other factors it considers | ||||||
| 16 | relevant and important, give consideration to the following: | ||||||
| 17 | (i) whether the event is a student activity or student related | ||||||
| 18 | activity; (ii) whether the physical setting of the event is | ||||||
| 19 | conducive to control of liquor sales and distribution; (iii) | ||||||
| 20 | the ability of the event operator to ensure that the sale or | ||||||
| 21 | serving of alcoholic liquors and the demeanor of the | ||||||
| 22 | participants are in accordance with State law and University | ||||||
| 23 | policies; (iv) regarding the anticipated attendees at the | ||||||
| 24 | event, the relative proportion of individuals under the age of | ||||||
| 25 | 21 to individuals age 21 or older; (v) the ability of the venue | ||||||
| 26 | operator to prevent the sale or distribution of alcoholic | ||||||
| |||||||
| |||||||
| 1 | liquors to individuals under the age of 21; (vi) whether the | ||||||
| 2 | event prohibits participants from removing alcoholic beverages | ||||||
| 3 | from the venue; and (vii) whether the event prohibits | ||||||
| 4 | participants from providing their own alcoholic liquors to the | ||||||
| 5 | venue. In addition, any policy submitted by the Board of | ||||||
| 6 | Trustees to the Illinois Liquor Control Commission must require | ||||||
| 7 | that any event at which alcoholic liquors are served or sold in | ||||||
| 8 | buildings under the control of the Board of Trustees shall | ||||||
| 9 | require the prior written approval of the Office of the | ||||||
| 10 | Chancellor for the University campus where the event is | ||||||
| 11 | located. The Board of Trustees shall submit its policy, and any | ||||||
| 12 | subsequently revised, updated, new, or amended policies, to the | ||||||
| 13 | Illinois Liquor Control Commission, and any University event, | ||||||
| 14 | or location for an event, exempted under such policies shall | ||||||
| 15 | apply for a license under the applicable Sections of this Act. | ||||||
| 16 | Alcoholic liquors may be served or sold in buildings under
| ||||||
| 17 | the control of the Board of Trustees of Northern Illinois | ||||||
| 18 | University
for events that the Board may determine are public
| ||||||
| 19 | events and not student-related activities. The Board of
| ||||||
| 20 | Trustees shall issue a written policy within 6 months after | ||||||
| 21 | June 28, 2011 (the
effective date of Public Act 97-45) | ||||||
| 22 | concerning the types of events that would be eligible
for an | ||||||
| 23 | exemption. Thereafter, the Board of Trustees may issue
revised, | ||||||
| 24 | updated, new, or amended policies as it deems
necessary and | ||||||
| 25 | appropriate. In preparing its written policy, the
Board of | ||||||
| 26 | Trustees shall, in addition to other factors it considers
| ||||||
| |||||||
| |||||||
| 1 | relevant and important, give consideration to the following:
| ||||||
| 2 | (i) whether the event is a student activity or student-related
| ||||||
| 3 | activity; (ii) whether the physical setting of the event is
| ||||||
| 4 | conducive to control of liquor sales and distribution; (iii)
| ||||||
| 5 | the ability of the event operator to ensure that the sale or
| ||||||
| 6 | serving of alcoholic liquors and the demeanor of the
| ||||||
| 7 | participants are in accordance with State law and University
| ||||||
| 8 | policies; (iv) the anticipated attendees at the
event and the | ||||||
| 9 | relative proportion of individuals under the age of
21 to | ||||||
| 10 | individuals age 21 or older; (v) the ability of the venue
| ||||||
| 11 | operator to prevent the sale or distribution of alcoholic
| ||||||
| 12 | liquors to individuals under the age of 21; (vi) whether the
| ||||||
| 13 | event prohibits participants from removing alcoholic beverages
| ||||||
| 14 | from the venue; and (vii) whether the event prohibits
| ||||||
| 15 | participants from providing their own alcoholic liquors to the
| ||||||
| 16 | venue. | ||||||
| 17 | Alcoholic liquors may be served or sold in buildings under | ||||||
| 18 | the control of the Board of Trustees of Chicago State | ||||||
| 19 | University for events that the Board may determine are public | ||||||
| 20 | events and not student-related activities. The Board of | ||||||
| 21 | Trustees shall issue a written policy within 6 months after | ||||||
| 22 | August 2, 2013 (the effective date of Public Act 98-132) this | ||||||
| 23 | amendatory Act of the 98th General Assembly concerning the | ||||||
| 24 | types of events that would be eligible for an exemption. | ||||||
| 25 | Thereafter, the Board of Trustees may issue revised, updated, | ||||||
| 26 | new, or amended policies as it deems necessary and appropriate. | ||||||
| |||||||
| |||||||
| 1 | In preparing its written policy, the Board of Trustees shall, | ||||||
| 2 | in addition to other factors it considers relevant and | ||||||
| 3 | important, give consideration to the following: (i) whether the | ||||||
| 4 | event is a student activity or student-related activity; (ii) | ||||||
| 5 | whether the physical setting of the event is conducive to | ||||||
| 6 | control of liquor sales and distribution; (iii) the ability of | ||||||
| 7 | the event operator to ensure that the sale or serving of | ||||||
| 8 | alcoholic liquors and the demeanor of the participants are in | ||||||
| 9 | accordance with State law and University policies; (iv) the | ||||||
| 10 | anticipated attendees at the event and the relative proportion | ||||||
| 11 | of individuals under the age of 21 to individuals age 21 or | ||||||
| 12 | older; (v) the ability of the venue operator to prevent the | ||||||
| 13 | sale or distribution of alcoholic liquors to individuals under | ||||||
| 14 | the age of 21; (vi) whether the event prohibits participants | ||||||
| 15 | from removing alcoholic beverages from the venue; and (vii) | ||||||
| 16 | whether the event prohibits participants from providing their | ||||||
| 17 | own alcoholic liquors to the venue. | ||||||
| 18 | Alcoholic liquors may be served or sold in buildings under
| ||||||
| 19 | the control of the Board of Trustees of Illinois State | ||||||
| 20 | University
for events that the Board may determine are public
| ||||||
| 21 | events and not student-related activities. The Board of
| ||||||
| 22 | Trustees shall issue a written policy within 6 months after the | ||||||
| 23 | effective date of this amendatory Act of the 97th General | ||||||
| 24 | Assembly concerning the types of events that would be eligible
| ||||||
| 25 | for an exemption. Thereafter, the Board of Trustees may issue
| ||||||
| 26 | revised, updated, new, or amended policies as it deems
| ||||||
| |||||||
| |||||||
| 1 | necessary and appropriate. In preparing its written policy, the
| ||||||
| 2 | Board of Trustees shall, in addition to other factors it | ||||||
| 3 | considers
relevant and important, give consideration to the | ||||||
| 4 | following:
(i) whether the event is a student activity or | ||||||
| 5 | student-related
activity; (ii) whether the physical setting of | ||||||
| 6 | the event is
conducive to control of liquor sales and | ||||||
| 7 | distribution; (iii)
the ability of the event operator to ensure | ||||||
| 8 | that the sale or
serving of alcoholic liquors and the demeanor | ||||||
| 9 | of the
participants are in accordance with State law and | ||||||
| 10 | University
policies; (iv) the anticipated attendees at the
| ||||||
| 11 | event and the relative proportion of individuals under the age | ||||||
| 12 | of
21 to individuals age 21 or older; (v) the ability of the | ||||||
| 13 | venue
operator to prevent the sale or distribution of alcoholic
| ||||||
| 14 | liquors to individuals under the age of 21; (vi) whether the
| ||||||
| 15 | event prohibits participants from removing alcoholic beverages
| ||||||
| 16 | from the venue; and (vii) whether the event prohibits
| ||||||
| 17 | participants from providing their own alcoholic liquors to the
| ||||||
| 18 | venue. | ||||||
| 19 | Alcoholic liquor may be delivered to and sold at retail in | ||||||
| 20 | the
Dorchester Senior Business Center owned by the Village of | ||||||
| 21 | Dolton if the
alcoholic liquor is sold or dispensed only in | ||||||
| 22 | connection with organized
functions for which the planned | ||||||
| 23 | attendance is 20 or more persons, and if
the person or facility | ||||||
| 24 | selling or dispensing the alcoholic liquor has
provided dram | ||||||
| 25 | shop liability insurance in maximum limits so as to hold
| ||||||
| 26 | harmless the Village of Dolton and the State from all financial | ||||||
| |||||||
| |||||||
| 1 | loss,
damage and harm.
| ||||||
| 2 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
| 3 | any
building used as an Illinois State Armory provided:
| ||||||
| 4 | (i) the Adjutant General's written consent to the | ||||||
| 5 | issuance of a
license to sell alcoholic liquor in such | ||||||
| 6 | building is filed with the
Commission;
| ||||||
| 7 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
| 8 | connection
with organized functions held on special | ||||||
| 9 | occasions;
| ||||||
| 10 | (iii) the organized function is one for which the | ||||||
| 11 | planned attendance
is 25 or more persons; and
| ||||||
| 12 | (iv) the facility selling or dispensing the alcoholic | ||||||
| 13 | liquors has
provided dram shop liability insurance in | ||||||
| 14 | maximum limits so as to save
harmless the facility and the | ||||||
| 15 | State from all financial loss, damage or harm.
| ||||||
| 16 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
| 17 | the Chicago
Civic Center, provided that:
| ||||||
| 18 | (i) the written consent of the Public Building | ||||||
| 19 | Commission which
administers the Chicago Civic Center is | ||||||
| 20 | filed with the Commission;
| ||||||
| 21 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
| 22 | connection with
organized functions held on special | ||||||
| 23 | occasions;
| ||||||
| 24 | (iii) the organized function is one for which the | ||||||
| 25 | planned attendance is
25 or more persons;
| ||||||
| 26 | (iv) the facility selling or dispensing the alcoholic | ||||||
| |||||||
| |||||||
| 1 | liquors has
provided dram shop liability insurance in | ||||||
| 2 | maximum limits so as to hold
harmless the Civic Center, the | ||||||
| 3 | City of Chicago and the State from all
financial loss, | ||||||
| 4 | damage or harm; and
| ||||||
| 5 | (v) all applicable local ordinances are complied with.
| ||||||
| 6 | Alcoholic liquors may be delivered or sold in any building | ||||||
| 7 | belonging to
or under the control of any city, village or | ||||||
| 8 | incorporated town where more
than 75% of the physical | ||||||
| 9 | properties of the building is used for commercial
or | ||||||
| 10 | recreational purposes, and the building is located upon a pier | ||||||
| 11 | extending
into or over the waters of a navigable lake or stream | ||||||
| 12 | or on the shore of a
navigable lake or stream.
In accordance | ||||||
| 13 | with a license issued under this Act, alcoholic liquor may be | ||||||
| 14 | sold, served, or delivered in buildings and facilities under
| ||||||
| 15 | the control
of the Department of Natural Resources during | ||||||
| 16 | events or activities lasting no more than 7 continuous days | ||||||
| 17 | upon the written approval of the
Director of
Natural Resources | ||||||
| 18 | acting as the controlling government authority. The Director
of
| ||||||
| 19 | Natural Resources may specify conditions on that approval, | ||||||
| 20 | including but not
limited to
requirements for insurance and | ||||||
| 21 | hours of operation.
Notwithstanding any other provision of this | ||||||
| 22 | Act, alcoholic liquor sold by a
United States Army Corps of | ||||||
| 23 | Engineers or Department of Natural
Resources
concessionaire | ||||||
| 24 | who was operating on June 1, 1991 for on-premises consumption
| ||||||
| 25 | only is not subject to the provisions of Articles IV and IX. | ||||||
| 26 | Beer and wine
may be sold on the premises of the Joliet Park | ||||||
| |||||||
| |||||||
| 1 | District Stadium owned by
the Joliet Park District when written | ||||||
| 2 | consent to the issuance of a license
to sell beer and wine in | ||||||
| 3 | such premises is filed with the local liquor
commissioner by | ||||||
| 4 | the Joliet Park District. Beer and wine may be sold in
| ||||||
| 5 | buildings on the grounds of State veterans' homes when written | ||||||
| 6 | consent to
the issuance of a license to sell beer and wine in | ||||||
| 7 | such buildings is filed
with the Commission by the Department | ||||||
| 8 | of Veterans' Affairs, and the
facility shall provide dram shop | ||||||
| 9 | liability in maximum insurance coverage
limits so as to save | ||||||
| 10 | the facility harmless from all financial loss, damage
or harm. | ||||||
| 11 | Such liquors may be delivered to and sold at any property owned | ||||||
| 12 | or
held under lease by a Metropolitan Pier and Exposition | ||||||
| 13 | Authority or
Metropolitan Exposition and Auditorium Authority.
| ||||||
| 14 | Beer and wine may be sold and dispensed at professional | ||||||
| 15 | sporting events
and at professional concerts and other | ||||||
| 16 | entertainment events conducted on
premises owned by the Forest | ||||||
| 17 | Preserve District of Kane County, subject to
the control of the | ||||||
| 18 | District Commissioners and applicable local law,
provided that | ||||||
| 19 | dram shop liability insurance is provided at maximum coverage
| ||||||
| 20 | limits so as to hold the District harmless from all financial | ||||||
| 21 | loss, damage
and harm.
| ||||||
| 22 | Nothing in this Section shall preclude the sale or delivery | ||||||
| 23 | of beer and
wine at a State or county fair or the sale or | ||||||
| 24 | delivery of beer or wine at a
city fair in any otherwise lawful | ||||||
| 25 | manner.
| ||||||
| 26 | Alcoholic liquors may be sold at retail in buildings in | ||||||
| |||||||
| |||||||
| 1 | State parks
under the control of the Department of Natural | ||||||
| 2 | Resources,
provided:
| ||||||
| 3 | a. the State park has overnight lodging facilities with | ||||||
| 4 | some
restaurant facilities or, not having overnight | ||||||
| 5 | lodging facilities, has
restaurant facilities which serve | ||||||
| 6 | complete luncheon and dinner or
supper meals,
| ||||||
| 7 | b. consent to the issuance of a license to sell | ||||||
| 8 | alcoholic liquors in
the buildings has been filed with the | ||||||
| 9 | commission by the Department of
Natural Resources, and
| ||||||
| 10 | c. the alcoholic liquors are sold by the State park | ||||||
| 11 | lodge or
restaurant concessionaire only during the hours | ||||||
| 12 | from 11 o'clock a.m. until
12 o'clock midnight. | ||||||
| 13 | Notwithstanding any other provision of this Act,
alcoholic | ||||||
| 14 | liquor sold by the State park or restaurant concessionaire | ||||||
| 15 | is not
subject to the provisions of Articles IV and IX.
| ||||||
| 16 | Alcoholic liquors may be sold at retail in buildings on | ||||||
| 17 | properties
under the control of the Historic Sites and | ||||||
| 18 | Preservation Division of the
Historic Preservation
Agency or | ||||||
| 19 | the Abraham Lincoln Presidential Library and Museum provided:
| ||||||
| 20 | a. the property has overnight lodging facilities with | ||||||
| 21 | some restaurant
facilities or, not having overnight | ||||||
| 22 | lodging facilities, has restaurant
facilities which serve | ||||||
| 23 | complete luncheon and dinner or supper meals,
| ||||||
| 24 | b. consent to the issuance of a license to sell | ||||||
| 25 | alcoholic liquors in
the buildings has been filed with the | ||||||
| 26 | commission by the Historic Sites and
Preservation Division
| ||||||
| |||||||
| |||||||
| 1 | of the Historic
Preservation Agency or the Abraham Lincoln | ||||||
| 2 | Presidential Library and Museum,
and
| ||||||
| 3 | c. the alcoholic liquors are sold by the lodge or | ||||||
| 4 | restaurant
concessionaire only during the hours from 11 | ||||||
| 5 | o'clock a.m. until 12 o'clock
midnight.
| ||||||
| 6 | The sale of alcoholic liquors pursuant to this Section does | ||||||
| 7 | not
authorize the establishment and operation of facilities | ||||||
| 8 | commonly called
taverns, saloons, bars, cocktail lounges, and | ||||||
| 9 | the like except as a part
of lodge and restaurant facilities in | ||||||
| 10 | State parks or golf courses owned
by Forest Preserve Districts | ||||||
| 11 | with a population of less than 3,000,000 or
municipalities or | ||||||
| 12 | park districts.
| ||||||
| 13 | Alcoholic liquors may be sold at retail in the Springfield
| ||||||
| 14 | Administration Building of the Department of Transportation | ||||||
| 15 | and the
Illinois State Armory in Springfield; provided, that | ||||||
| 16 | the controlling
government authority may consent to such sales | ||||||
| 17 | only if
| ||||||
| 18 | a. the request is from a not-for-profit organization;
| ||||||
| 19 | b. such sales would not impede normal operations of the | ||||||
| 20 | departments
involved;
| ||||||
| 21 | c. the not-for-profit organization provides dram shop | ||||||
| 22 | liability in
maximum insurance coverage limits and agrees | ||||||
| 23 | to defend, save harmless
and indemnify the State of | ||||||
| 24 | Illinois from all financial loss, damage or harm;
| ||||||
| 25 | d. no such sale shall be made during normal working | ||||||
| 26 | hours of the
State of Illinois; and
| ||||||
| |||||||
| |||||||
| 1 | e. the consent is in writing.
| ||||||
| 2 | Alcoholic liquors may be sold at retail in buildings in | ||||||
| 3 | recreational
areas of river conservancy districts under the | ||||||
| 4 | control of, or leased
from, the river conservancy districts. | ||||||
| 5 | Such sales are subject to
reasonable local regulations as | ||||||
| 6 | provided in Article IV; however, no such
regulations may | ||||||
| 7 | prohibit or substantially impair the sale of alcoholic
liquors | ||||||
| 8 | on Sundays or Holidays.
| ||||||
| 9 | Alcoholic liquors may be provided in long term care | ||||||
| 10 | facilities owned or
operated by a county under Division 5-21 or | ||||||
| 11 | 5-22 of the Counties Code,
when approved by the facility | ||||||
| 12 | operator and not in conflict
with the regulations of the | ||||||
| 13 | Illinois Department of Public Health, to
residents of the | ||||||
| 14 | facility who have had their consumption of the alcoholic
| ||||||
| 15 | liquors provided approved in writing by a physician licensed to | ||||||
| 16 | practice
medicine in all its branches.
| ||||||
| 17 | Alcoholic liquors may be delivered to and dispensed in | ||||||
| 18 | State housing
assigned to employees of the Department of | ||||||
| 19 | Corrections.
No person shall furnish or allow to be furnished | ||||||
| 20 | any alcoholic
liquors to any prisoner confined in any jail, | ||||||
| 21 | reformatory, prison or house
of correction except upon a | ||||||
| 22 | physician's prescription for medicinal purposes.
| ||||||
| 23 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
| 24 | Willard Ice
Building in Springfield, at the State Library in | ||||||
| 25 | Springfield, and at
Illinois State Museum facilities by (1) an
| ||||||
| 26 | agency of the State, whether legislative, judicial or | ||||||
| |||||||
| |||||||
| 1 | executive, provided
that such agency first obtains written | ||||||
| 2 | permission to sell or dispense
alcoholic liquors from the | ||||||
| 3 | controlling government authority, or by (2) a
not-for-profit | ||||||
| 4 | organization, provided that such organization:
| ||||||
| 5 | a. Obtains written consent from the controlling | ||||||
| 6 | government authority;
| ||||||
| 7 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 8 | that does not
impair normal operations of State offices | ||||||
| 9 | located in the building;
| ||||||
| 10 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 11 | connection with an
official activity in the building;
| ||||||
| 12 | d. Provides, or its catering service provides, dram | ||||||
| 13 | shop liability
insurance in maximum coverage limits and in | ||||||
| 14 | which the carrier agrees to
defend, save harmless and | ||||||
| 15 | indemnify the State of Illinois from all
financial loss, | ||||||
| 16 | damage or harm arising out of the selling or dispensing of
| ||||||
| 17 | alcoholic liquors.
| ||||||
| 18 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 19 | organization or agency
of the State from employing the services | ||||||
| 20 | of a catering establishment for
the selling or dispensing of | ||||||
| 21 | alcoholic liquors at authorized functions.
| ||||||
| 22 | The controlling government authority for the Willard Ice | ||||||
| 23 | Building in
Springfield shall be the Director of the Department | ||||||
| 24 | of Revenue. The
controlling government authority for Illinois | ||||||
| 25 | State Museum facilities shall
be the Director of the Illinois | ||||||
| 26 | State Museum. The controlling government
authority for the | ||||||
| |||||||
| |||||||
| 1 | State Library in Springfield shall be the Secretary of State.
| ||||||
| 2 | Alcoholic liquors may be delivered to and sold at retail or | ||||||
| 3 | dispensed
at any facility, property or building under the | ||||||
| 4 | jurisdiction of the
Historic Sites and Preservation Division of | ||||||
| 5 | the
Historic Preservation Agency
or the Abraham
Lincoln | ||||||
| 6 | Presidential Library and Museum
where the delivery, sale or
| ||||||
| 7 | dispensing is by (1)
an agency of the State, whether | ||||||
| 8 | legislative, judicial or executive,
provided that such agency | ||||||
| 9 | first obtains written permission to sell or
dispense alcoholic | ||||||
| 10 | liquors from a controlling government authority, or by (2) an | ||||||
| 11 | individual or organization provided that such individual or | ||||||
| 12 | organization:
| ||||||
| 13 | a. Obtains written consent from the controlling | ||||||
| 14 | government authority;
| ||||||
| 15 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 16 | that does not
impair normal workings of State offices or | ||||||
| 17 | operations located at the
facility, property or building;
| ||||||
| 18 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 19 | connection with an
official activity of the individual or | ||||||
| 20 | organization in the facility,
property or building;
| ||||||
| 21 | d. Provides, or its catering service provides, dram | ||||||
| 22 | shop liability
insurance in maximum coverage limits and in | ||||||
| 23 | which the carrier agrees to
defend, save harmless and | ||||||
| 24 | indemnify the State of Illinois from all
financial loss, | ||||||
| 25 | damage or harm arising out of the selling or dispensing of
| ||||||
| 26 | alcoholic liquors.
| ||||||
| |||||||
| |||||||
| 1 | The controlling government authority for the
Historic | ||||||
| 2 | Sites and Preservation Division of the
Historic Preservation | ||||||
| 3 | Agency
shall be the Director of the Historic Sites and | ||||||
| 4 | Preservation, and the
controlling
government authority for the | ||||||
| 5 | Abraham Lincoln Presidential Library and Museum
shall be the | ||||||
| 6 | Director of the Abraham Lincoln Presidential Library and | ||||||
| 7 | Museum.
| ||||||
| 8 | Alcoholic liquors may be delivered to and sold at retail or | ||||||
| 9 | dispensed for
consumption at the Michael Bilandic Building at | ||||||
| 10 | 160 North LaSalle Street,
Chicago IL 60601, after the normal | ||||||
| 11 | business hours of any day care or child care
facility located | ||||||
| 12 | in the building, by (1) a commercial tenant or subtenant
| ||||||
| 13 | conducting business on the premises under a lease made pursuant | ||||||
| 14 | to Section
405-315 of the Department of Central Management | ||||||
| 15 | Services Law (20 ILCS
405/405-315), provided that such tenant | ||||||
| 16 | or subtenant who accepts delivery of,
sells, or dispenses | ||||||
| 17 | alcoholic liquors shall procure and maintain dram shop
| ||||||
| 18 | liability insurance in maximum coverage limits and in which the | ||||||
| 19 | carrier
agrees to defend, indemnify, and save harmless the | ||||||
| 20 | State of Illinois from
all financial loss, damage, or harm | ||||||
| 21 | arising out of the delivery, sale, or
dispensing of alcoholic | ||||||
| 22 | liquors, or by (2) an agency of the State, whether
legislative, | ||||||
| 23 | judicial, or executive, provided that such agency first obtains
| ||||||
| 24 | written permission to accept delivery of and sell or dispense | ||||||
| 25 | alcoholic liquors
from the Director of Central Management | ||||||
| 26 | Services, or by (3) a not-for-profit
organization, provided | ||||||
| |||||||
| |||||||
| 1 | that such organization:
| ||||||
| 2 | a. obtains written consent from the Department of | ||||||
| 3 | Central Management
Services;
| ||||||
| 4 | b. accepts delivery of and sells or dispenses the | ||||||
| 5 | alcoholic liquors in a
manner that does not impair normal | ||||||
| 6 | operations of State offices located in the
building;
| ||||||
| 7 | c. accepts delivery of and sells or dispenses alcoholic | ||||||
| 8 | liquors only in
connection with an official activity in the | ||||||
| 9 | building; and
| ||||||
| 10 | d. provides, or its catering service provides, dram | ||||||
| 11 | shop liability
insurance in maximum coverage limits and in | ||||||
| 12 | which the carrier agrees to
defend, save harmless, and | ||||||
| 13 | indemnify the State of Illinois from all
financial loss, | ||||||
| 14 | damage, or harm arising out of the selling or dispensing of
| ||||||
| 15 | alcoholic liquors.
| ||||||
| 16 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 17 | organization or agency
of the State from employing the services | ||||||
| 18 | of a catering establishment for
the selling or dispensing of | ||||||
| 19 | alcoholic liquors at functions authorized by
the Director of | ||||||
| 20 | Central Management Services.
| ||||||
| 21 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
| 22 | James R.
Thompson Center in Chicago, subject to the provisions | ||||||
| 23 | of Section 7.4 of the
State Property Control Act, and 222 South | ||||||
| 24 | College Street in Springfield,
Illinois by (1) a commercial | ||||||
| 25 | tenant or subtenant conducting business on the
premises under a | ||||||
| 26 | lease or sublease made pursuant to Section 405-315 of the
| ||||||
| |||||||
| |||||||
| 1 | Department of Central Management Services Law (20 ILCS | ||||||
| 2 | 405/405-315), provided
that such tenant or subtenant who
sells | ||||||
| 3 | or dispenses alcoholic liquors shall procure and maintain dram | ||||||
| 4 | shop
liability insurance in maximum coverage limits and in | ||||||
| 5 | which the carrier
agrees to defend, indemnify and save harmless | ||||||
| 6 | the State of Illinois from
all financial loss, damage or harm | ||||||
| 7 | arising out of the sale or dispensing of
alcoholic liquors, or | ||||||
| 8 | by (2) an agency of the State, whether legislative,
judicial or | ||||||
| 9 | executive, provided that such agency first obtains written
| ||||||
| 10 | permission to sell or dispense alcoholic liquors from the | ||||||
| 11 | Director of
Central Management Services, or by (3) a | ||||||
| 12 | not-for-profit organization,
provided that such organization:
| ||||||
| 13 | a. Obtains written consent from the Department of | ||||||
| 14 | Central Management
Services;
| ||||||
| 15 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 16 | that does not
impair normal operations of State offices | ||||||
| 17 | located in the building;
| ||||||
| 18 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 19 | connection with an
official activity in the building;
| ||||||
| 20 | d. Provides, or its catering service provides, dram | ||||||
| 21 | shop liability
insurance in maximum coverage limits and in | ||||||
| 22 | which the carrier agrees to
defend, save harmless and | ||||||
| 23 | indemnify the State of Illinois from all
financial loss, | ||||||
| 24 | damage or harm arising out of the selling or dispensing of
| ||||||
| 25 | alcoholic liquors.
| ||||||
| 26 | Nothing in this Act shall prevent a not-for-profit | ||||||
| |||||||
| |||||||
| 1 | organization or agency
of the State from employing the services | ||||||
| 2 | of a catering establishment for
the selling or dispensing of | ||||||
| 3 | alcoholic liquors at functions authorized by
the Director of | ||||||
| 4 | Central Management Services.
| ||||||
| 5 | Alcoholic liquors may be sold or delivered at any facility | ||||||
| 6 | owned by the
Illinois Sports Facilities Authority provided that | ||||||
| 7 | dram shop liability
insurance has been made available in a | ||||||
| 8 | form, with such coverage and in such
amounts as the Authority | ||||||
| 9 | reasonably determines is necessary.
| ||||||
| 10 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
| 11 | Rockford
State Office Building by (1) an agency of the State, | ||||||
| 12 | whether legislative,
judicial or executive, provided that such | ||||||
| 13 | agency first obtains written
permission to sell or dispense | ||||||
| 14 | alcoholic liquors from the Department of
Central Management | ||||||
| 15 | Services, or by (2) a not-for-profit organization,
provided | ||||||
| 16 | that such organization:
| ||||||
| 17 | a. Obtains written consent from the Department of | ||||||
| 18 | Central Management
Services;
| ||||||
| 19 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
| 20 | that does not
impair normal operations of State offices | ||||||
| 21 | located in the building;
| ||||||
| 22 | c. Sells or dispenses alcoholic liquors only in | ||||||
| 23 | connection with an
official activity in the building;
| ||||||
| 24 | d. Provides, or its catering service provides, dram | ||||||
| 25 | shop liability
insurance in maximum coverage limits and in | ||||||
| 26 | which the carrier agrees to defend,
save harmless and | ||||||
| |||||||
| |||||||
| 1 | indemnify the State of Illinois from all financial loss,
| ||||||
| 2 | damage or harm arising out of the selling or dispensing of | ||||||
| 3 | alcoholic liquors.
| ||||||
| 4 | Nothing in this Act shall prevent a not-for-profit | ||||||
| 5 | organization or agency
of the State from employing the services | ||||||
| 6 | of a catering establishment for
the selling or dispensing of | ||||||
| 7 | alcoholic liquors at functions authorized by
the Department of | ||||||
| 8 | Central Management Services.
| ||||||
| 9 | Alcoholic liquors may be sold or delivered in a building | ||||||
| 10 | that is owned
by McLean County, situated on land owned by the | ||||||
| 11 | county in the City of
Bloomington, and used by the McLean | ||||||
| 12 | County Historical Society if the sale
or delivery is approved | ||||||
| 13 | by an ordinance adopted by the county board, and
the | ||||||
| 14 | municipality in which the building is located may not prohibit | ||||||
| 15 | that
sale or delivery, notwithstanding any other provision of | ||||||
| 16 | this Section. The
regulation of the sale and delivery of | ||||||
| 17 | alcoholic liquor in a building that
is owned by McLean County, | ||||||
| 18 | situated on land owned by the county, and used
by the McLean | ||||||
| 19 | County Historical Society as provided in this paragraph is an
| ||||||
| 20 | exclusive power and function of the State and is a denial and | ||||||
| 21 | limitation
under Article VII, Section 6, subsection (h) of the | ||||||
| 22 | Illinois Constitution
of the power of a home rule municipality | ||||||
| 23 | to regulate that sale and delivery.
| ||||||
| 24 | Alcoholic liquors may be sold or delivered in any building | ||||||
| 25 | situated on
land held in trust for any school district | ||||||
| 26 | organized under Article 34 of
the School Code, if the building | ||||||
| |||||||
| |||||||
| 1 | is not used for school purposes and if the
sale or delivery is | ||||||
| 2 | approved by the board of education.
| ||||||
| 3 | Alcoholic liquors may be sold or delivered in buildings | ||||||
| 4 | owned
by the Community Building Complex Committee of Boone | ||||||
| 5 | County,
Illinois if the person or facility selling or | ||||||
| 6 | dispensing the
alcoholic liquor has provided dram shop | ||||||
| 7 | liability insurance with coverage and
in amounts that the | ||||||
| 8 | Committee reasonably determines are necessary.
| ||||||
| 9 | Alcoholic liquors may be sold or delivered in the building | ||||||
| 10 | located at
1200 Centerville Avenue in Belleville, Illinois and | ||||||
| 11 | occupied by either the
Belleville Area Special Education | ||||||
| 12 | District or the Belleville Area Special
Services
Cooperative. | ||||||
| 13 | Alcoholic liquors may be delivered to and sold at the Louis | ||||||
| 14 | Joliet
Renaissance Center, City Center Campus, located at 214 | ||||||
| 15 | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | ||||||
| 16 | Department facilities, Main Campus, located at
1215 Houbolt | ||||||
| 17 | Road, Joliet, owned by or under the control of Joliet Junior
| ||||||
| 18 | College,
Illinois Community College District No. 525.
| ||||||
| 19 | Alcoholic liquors may be delivered to and sold at Triton | ||||||
| 20 | College, Illinois Community College District No. 504. | ||||||
| 21 | Alcoholic liquors may be delivered to and sold at the | ||||||
| 22 | College of DuPage, Illinois Community College District No. 502. | ||||||
| 23 | Alcoholic liquors may be delivered to and sold at the | ||||||
| 24 | building located at 446 East Hickory Avenue in Apple River, | ||||||
| 25 | Illinois, owned by the Apple River Fire Protection District, | ||||||
| 26 | and occupied by the Apple River Community Association if the | ||||||
| |||||||
| |||||||
| 1 | alcoholic liquor is sold or dispensed only in connection with | ||||||
| 2 | organized functions approved by the Apple River Community | ||||||
| 3 | Association for which the planned attendance is 20 or more | ||||||
| 4 | persons and if the person or facility selling or dispensing the | ||||||
| 5 | alcoholic liquor has provided dram shop liability insurance in | ||||||
| 6 | maximum limits so as to hold harmless the Apple River Fire | ||||||
| 7 | Protection District, the Village of Apple River, and the Apple | ||||||
| 8 | River Community Association from all financial loss, damage, | ||||||
| 9 | and harm. | ||||||
| 10 | Alcoholic liquors may be delivered to and sold at the Sikia | ||||||
| 11 | Restaurant, Kennedy King College Campus, located at 740 West | ||||||
| 12 | 63rd Street, Chicago, and at the Food Services in the Great | ||||||
| 13 | Hall/Washburne Culinary Institute Department facility, Kennedy | ||||||
| 14 | King College Campus, located at 740 West 63rd Street, Chicago, | ||||||
| 15 | owned by or under the control of City Colleges of Chicago, | ||||||
| 16 | Illinois Community College District No. 508.
| ||||||
| 17 | (Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, | ||||||
| 18 | eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; | ||||||
| 19 | 97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. | ||||||
| 20 | 3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised | ||||||
| 21 | 9-24-13.)
| ||||||
| 22 | (235 ILCS 5/7-1) (from Ch. 43, par. 145)
| ||||||
| 23 | Sec. 7-1.
An applicant for a retail license from the State | ||||||
| 24 | Commission
shall submit to the State Commission an application | ||||||
| 25 | in writing under oath
stating:
| ||||||
| |||||||
| |||||||
| 1 | (1) The applicant's name and mailing address;
| ||||||
| 2 | (2) The name and address of the applicant's business;
| ||||||
| 3 | (3) If applicable, the date of the filing of the | ||||||
| 4 | "assumed name" of
the business with the County Clerk;
| ||||||
| 5 | (4) In case of a copartnership, the date of the | ||||||
| 6 | formation of the
partnership; in the case of an Illinois | ||||||
| 7 | corporation, the date of its
incorporation; or in the case | ||||||
| 8 | of a foreign corporation, the State where
it was | ||||||
| 9 | incorporated and the date of its becoming qualified under | ||||||
| 10 | the Business
Corporation Act of 1983 to transact business | ||||||
| 11 | in the State of Illinois;
| ||||||
| 12 | (5) The number, the date of issuance and the date of | ||||||
| 13 | expiration of
the applicant's current local retail liquor | ||||||
| 14 | license;
| ||||||
| 15 | (6) The name of the city, village, or county that | ||||||
| 16 | issued the local
retail liquor license;
| ||||||
| 17 | (7) The name and address of the landlord if the | ||||||
| 18 | premises are leased;
| ||||||
| 19 | (8) The date of the applicant's first request for a | ||||||
| 20 | State liquor
license and whether it was granted, denied or | ||||||
| 21 | withdrawn;
| ||||||
| 22 | (9) The address of the applicant when the first | ||||||
| 23 | application for a
State liquor license was made;
| ||||||
| 24 | (10) The applicant's current State liquor license | ||||||
| 25 | number;
| ||||||
| 26 | (11) The date the applicant began liquor sales at his | ||||||
| |||||||
| |||||||
| 1 | place of business;
| ||||||
| 2 | (12) The address of the applicant's warehouse if he | ||||||
| 3 | warehouses liquor;
| ||||||
| 4 | (13) The applicant's Retailers' Retailer's Occupation | ||||||
| 5 | Tax (ROT) Registration Number;
| ||||||
| 6 | (14) The applicant's document locator locater number | ||||||
| 7 | on his Federal Special
Tax Stamp;
| ||||||
| 8 | (15) Whether the applicant is delinquent in the payment | ||||||
| 9 | of the
Retailers' Occupation Retailer's Occupational Tax | ||||||
| 10 | (Sales Tax), and if so, the reasons therefor;
| ||||||
| 11 | (16) Whether the applicant is delinquent under the cash | ||||||
| 12 | beer law,
and if so, the reasons therefor;
| ||||||
| 13 | (17) In the case of a retailer, whether he is | ||||||
| 14 | delinquent under the
30-day 30 day credit law, and if so, | ||||||
| 15 | the reasons therefor;
| ||||||
| 16 | (18) In the case of a distributor, whether he is | ||||||
| 17 | delinquent under
the 15-day 15 day credit law, and if so, | ||||||
| 18 | the reasons therefor;
| ||||||
| 19 | (19) Whether the applicant has made an application for | ||||||
| 20 | a liquor
license which has been denied, and if so, the | ||||||
| 21 | reasons therefor;
| ||||||
| 22 | (20) Whether the applicant has ever had any previous | ||||||
| 23 | liquor license
suspended or revoked, and if so, the reasons | ||||||
| 24 | therefor;
| ||||||
| 25 | (21) Whether the applicant has ever been convicted of a | ||||||
| 26 | gambling
offense or felony, and if so, the particulars | ||||||
| |||||||
| |||||||
| 1 | thereof;
| ||||||
| 2 | (22) Whether the applicant possesses a current Federal | ||||||
| 3 | Wagering Stamp,
and if so, the reasons therefor;
| ||||||
| 4 | (23) Whether the applicant, or any other person, | ||||||
| 5 | directly in his place
of business is a public official, and | ||||||
| 6 | if so, the particulars thereof;
| ||||||
| 7 | (24) The applicant's name, sex, date of birth, social | ||||||
| 8 | security
number, position and percentage of ownership in | ||||||
| 9 | the business; and the
name, sex, date of birth, social | ||||||
| 10 | security number, position and
percentage of ownership in | ||||||
| 11 | the business of every sole owner, partner,
corporate | ||||||
| 12 | officer, director, manager and any person who owns 5% or | ||||||
| 13 | more
of the shares of the applicant business entity or | ||||||
| 14 | parent corporations of
the applicant business entity; and
| ||||||
| 15 | (25) That he has not received or borrowed money or | ||||||
| 16 | anything else of
value, and that he will not receive or | ||||||
| 17 | borrow money or anything else of
value (other than | ||||||
| 18 | merchandising credit in the ordinary course of
business for | ||||||
| 19 | a period not to exceed 90 days as herein expressly
| ||||||
| 20 | permitted under Section 6-5 hereof), directly or
| ||||||
| 21 | indirectly, from any manufacturer, importing distributor | ||||||
| 22 | or
distributor or from any representative of any such | ||||||
| 23 | manufacturer,
importing distributor or distributor, nor be | ||||||
| 24 | a party in
any way, directly or indirectly, to any | ||||||
| 25 | violation by a manufacturer,
distributor or importing | ||||||
| 26 | distributor of Section 6-6 of this Act.
| ||||||
| |||||||
| |||||||
| 1 | In addition to any other requirement of this Section, an | ||||||
| 2 | applicant for
a special use permit license and a special event | ||||||
| 3 | retailer's license shall
also submit (A) proof satisfactory to | ||||||
| 4 | the Commission that the applicant
has a resale number issued | ||||||
| 5 | under Section 2c of the Retailers' Retailer's Occupation Tax
| ||||||
| 6 | Act or that the applicant is registered under Section 2a of the | ||||||
| 7 | Retailers' Retailer's
Occupation Tax Act, (B) proof | ||||||
| 8 | satisfactory to the Commission that the
applicant has a | ||||||
| 9 | current, valid exemption identification number issued under
| ||||||
| 10 | Section 1g of the Retailers' Occupation Tax Act and a | ||||||
| 11 | certification to the
Commission that the purchase of alcoholic | ||||||
| 12 | liquors will be a tax-exempt
purchase, or (C) a statement that | ||||||
| 13 | the applicant is not registered under
Section 2a of the | ||||||
| 14 | Retailers' Occupation Tax Act, does not hold a resale
number | ||||||
| 15 | under Section 2c of the Retailers' Occupation Tax Act, and does | ||||||
| 16 | not
hold an exemption number under Section 1g of the Retailers' | ||||||
| 17 | Occupation
Tax Act.
The applicant shall also submit proof of | ||||||
| 18 | adequate dram shop
insurance for the special event prior to | ||||||
| 19 | being issued a license.
| ||||||
| 20 | In addition to the foregoing information, such application | ||||||
| 21 | shall
contain such other and further information as the State | ||||||
| 22 | Commission and
the local commission may, by rule or regulation | ||||||
| 23 | not inconsistent with
law, prescribe.
| ||||||
| 24 | If the applicant reports a felony conviction as required | ||||||
| 25 | under
paragraph (21) of this Section, such conviction may be | ||||||
| 26 | considered by the
Commission in determining qualifications for | ||||||
| |||||||
| |||||||
| 1 | licensing, but shall not
operate as a bar to licensing.
| ||||||
| 2 | If said application is made in behalf of a partnership, | ||||||
| 3 | firm,
association, club or corporation, then the same shall be | ||||||
| 4 | signed by one
member of such partnership or the president or
| ||||||
| 5 | secretary of
such corporation or an authorized agent of said
| ||||||
| 6 | partnership or corporation.
| ||||||
| 7 | All other applications shall be on forms prescribed by
the | ||||||
| 8 | State Commission, and which may exclude any of the above | ||||||
| 9 | requirements which
the State Commission rules to be | ||||||
| 10 | inapplicable.
| ||||||
| 11 | (Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99; | ||||||
| 12 | revised 11-12-13.)
| ||||||
| 13 | Section 540. The Illinois Public Aid Code is amended by | ||||||
| 14 | changing Sections 1-10, 5-5, 5-5.2, 5-5.4, 5-5f, 5A-5, 5A-8, | ||||||
| 15 | 5A-12.4, 11-5.2, and 12-4.25 and by setting forth and | ||||||
| 16 | renumbering multiple versions of Section 12-4.45 as follows:
| ||||||
| 17 | (305 ILCS 5/1-10)
| ||||||
| 18 | Sec. 1-10. Drug convictions.
| ||||||
| 19 | (a) Persons convicted of an offense under the Illinois | ||||||
| 20 | Controlled Substances
Act, the Cannabis Control Act, or the | ||||||
| 21 | Methamphetamine Control and Community Protection Act which is a | ||||||
| 22 | Class X felony, or a Class 1 felony,
or comparable federal | ||||||
| 23 | criminal law which has as an element the
possession, use, or | ||||||
| 24 | distribution of a controlled substance, as defined in
Section | ||||||
| |||||||
| |||||||
| 1 | 102(6) of the federal Controlled Substances Act (21 U.S.C. | ||||||
| 2 | 802(c)),
shall not be eligible for cash assistance provided | ||||||
| 3 | under this Code.
| ||||||
| 4 | (b) Persons convicted of
any other felony under the | ||||||
| 5 | Illinois Controlled Substances Act, the Cannabis
Control Act, | ||||||
| 6 | or the Methamphetamine Control and Community Protection Act | ||||||
| 7 | which is not a Class X or Class 1 felony, or comparable
federal | ||||||
| 8 | criminal law which has as an element the possession, use, or
| ||||||
| 9 | distribution of a
controlled substance, as defined in Section | ||||||
| 10 | 102(6) of the federal Controlled
Substances Act (21 U.S.C. | ||||||
| 11 | 802(c)), shall not be eligible for cash assistance
provided | ||||||
| 12 | under this Code for 2 years from the date of conviction. This
| ||||||
| 13 | prohibition shall not apply if the person is in a drug | ||||||
| 14 | treatment program,
aftercare program, or similar program as | ||||||
| 15 | defined by rule.
| ||||||
| 16 | (c) Persons shall not be determined ineligible for food | ||||||
| 17 | stamps provided
under this Code based upon a conviction of any | ||||||
| 18 | felony or comparable federal or
State criminal law which has an | ||||||
| 19 | element the possession, use or distribution of
a controlled | ||||||
| 20 | substance, as defined in Section 102(6) of the federal | ||||||
| 21 | Controlled Substances
Substance
Act (21 U.S.C. 802(c)).
| ||||||
| 22 | (Source: P.A. 94-556, eff. 9-11-05; revised 11-12-13.)
| ||||||
| 23 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
| 24 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
| 25 | rule, shall
determine the quantity and quality of and the rate | ||||||
| |||||||
| |||||||
| 1 | of reimbursement for the
medical assistance for which
payment | ||||||
| 2 | will be authorized, and the medical services to be provided,
| ||||||
| 3 | which may include all or part of the following: (1) inpatient | ||||||
| 4 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
| 5 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
| 6 | services; (5) physicians'
services whether furnished in the | ||||||
| 7 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
| 8 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
| 9 | care furnished by licensed practitioners; (7)
home health care | ||||||
| 10 | services; (8) private duty nursing service; (9) clinic
| ||||||
| 11 | services; (10) dental services, including prevention and | ||||||
| 12 | treatment of periodontal disease and dental caries disease for | ||||||
| 13 | pregnant women, provided by an individual licensed to practice | ||||||
| 14 | dentistry or dental surgery; for purposes of this item (10), | ||||||
| 15 | "dental services" means diagnostic, preventive, or corrective | ||||||
| 16 | procedures provided by or under the supervision of a dentist in | ||||||
| 17 | the practice of his or her profession; (11) physical therapy | ||||||
| 18 | and related
services; (12) prescribed drugs, dentures, and | ||||||
| 19 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
| 20 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
| 21 | whichever the person may select; (13) other
diagnostic, | ||||||
| 22 | screening, preventive, and rehabilitative services, including | ||||||
| 23 | to ensure that the individual's need for intervention or | ||||||
| 24 | treatment of mental disorders or substance use disorders or | ||||||
| 25 | co-occurring mental health and substance use disorders is | ||||||
| 26 | determined using a uniform screening, assessment, and | ||||||
| |||||||
| |||||||
| 1 | evaluation process inclusive of criteria, for children and | ||||||
| 2 | adults; for purposes of this item (13), a uniform screening, | ||||||
| 3 | assessment, and evaluation process refers to a process that | ||||||
| 4 | includes an appropriate evaluation and, as warranted, a | ||||||
| 5 | referral; "uniform" does not mean the use of a singular | ||||||
| 6 | instrument, tool, or process that all must utilize; (14)
| ||||||
| 7 | transportation and such other expenses as may be necessary; | ||||||
| 8 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
| 9 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 10 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
| 11 | assault, including
examinations and laboratory tests to | ||||||
| 12 | discover evidence which may be used in
criminal proceedings | ||||||
| 13 | arising from the sexual assault; (16) the
diagnosis and | ||||||
| 14 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
| 15 | care, and any other type of remedial care recognized
under the | ||||||
| 16 | laws of this State, but not including abortions, or induced
| ||||||
| 17 | miscarriages or premature births, unless, in the opinion of a | ||||||
| 18 | physician,
such procedures are necessary for the preservation | ||||||
| 19 | of the life of the
woman seeking such treatment, or except an | ||||||
| 20 | induced premature birth
intended to produce a live viable child | ||||||
| 21 | and such procedure is necessary
for the health of the mother or | ||||||
| 22 | her unborn child. The Illinois Department,
by rule, shall | ||||||
| 23 | prohibit any physician from providing medical assistance
to | ||||||
| 24 | anyone eligible therefor under this Code where such physician | ||||||
| 25 | has been
found guilty of performing an abortion procedure in a | ||||||
| 26 | wilful and wanton
manner upon a woman who was not pregnant at | ||||||
| |||||||
| |||||||
| 1 | the time such abortion
procedure was performed. The term "any | ||||||
| 2 | other type of remedial care" shall
include nursing care and | ||||||
| 3 | nursing home service for persons who rely on
treatment by | ||||||
| 4 | spiritual means alone through prayer for healing.
| ||||||
| 5 | Notwithstanding any other provision of this Section, a | ||||||
| 6 | comprehensive
tobacco use cessation program that includes | ||||||
| 7 | purchasing prescription drugs or
prescription medical devices | ||||||
| 8 | approved by the Food and Drug Administration shall
be covered | ||||||
| 9 | under the medical assistance
program under this Article for | ||||||
| 10 | persons who are otherwise eligible for
assistance under this | ||||||
| 11 | Article.
| ||||||
| 12 | Notwithstanding any other provision of this Code, the | ||||||
| 13 | Illinois
Department may not require, as a condition of payment | ||||||
| 14 | for any laboratory
test authorized under this Article, that a | ||||||
| 15 | physician's handwritten signature
appear on the laboratory | ||||||
| 16 | test order form. The Illinois Department may,
however, impose | ||||||
| 17 | other appropriate requirements regarding laboratory test
order | ||||||
| 18 | documentation.
| ||||||
| 19 | On and after July 1, 2012, the Department of Healthcare and | ||||||
| 20 | Family Services may provide the following services to
persons
| ||||||
| 21 | eligible for assistance under this Article who are | ||||||
| 22 | participating in
education, training or employment programs | ||||||
| 23 | operated by the Department of Human
Services as successor to | ||||||
| 24 | the Department of Public Aid:
| ||||||
| 25 | (1) dental services provided by or under the | ||||||
| 26 | supervision of a dentist; and
| ||||||
| |||||||
| |||||||
| 1 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
| 2 | diseases of the
eye, or by an optometrist, whichever the | ||||||
| 3 | person may select.
| ||||||
| 4 | Notwithstanding any other provision of this Code and | ||||||
| 5 | subject to federal approval, the Department may adopt rules to | ||||||
| 6 | allow a dentist who is volunteering his or her service at no | ||||||
| 7 | cost to render dental services through an enrolled | ||||||
| 8 | not-for-profit health clinic without the dentist personally | ||||||
| 9 | enrolling as a participating provider in the medical assistance | ||||||
| 10 | program. A not-for-profit health clinic shall include a public | ||||||
| 11 | health clinic or Federally Qualified Health Center or other | ||||||
| 12 | enrolled provider, as determined by the Department, through | ||||||
| 13 | which dental services covered under this Section are performed. | ||||||
| 14 | The Department shall establish a process for payment of claims | ||||||
| 15 | for reimbursement for covered dental services rendered under | ||||||
| 16 | this provision. | ||||||
| 17 | The Illinois Department, by rule, may distinguish and | ||||||
| 18 | classify the
medical services to be provided only in accordance | ||||||
| 19 | with the classes of
persons designated in Section 5-2.
| ||||||
| 20 | The Department of Healthcare and Family Services must | ||||||
| 21 | provide coverage and reimbursement for amino acid-based | ||||||
| 22 | elemental formulas, regardless of delivery method, for the | ||||||
| 23 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
| 24 | short bowel syndrome when the prescribing physician has issued | ||||||
| 25 | a written order stating that the amino acid-based elemental | ||||||
| 26 | formula is medically necessary.
| ||||||
| |||||||
| |||||||
| 1 | The Illinois Department shall authorize the provision of, | ||||||
| 2 | and shall
authorize payment for, screening by low-dose | ||||||
| 3 | mammography for the presence of
occult breast cancer for women | ||||||
| 4 | 35 years of age or older who are eligible
for medical | ||||||
| 5 | assistance under this Article, as follows: | ||||||
| 6 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
| 7 | age.
| ||||||
| 8 | (B) An annual mammogram for women 40 years of age or | ||||||
| 9 | older. | ||||||
| 10 | (C) A mammogram at the age and intervals considered | ||||||
| 11 | medically necessary by the woman's health care provider for | ||||||
| 12 | women under 40 years of age and having a family history of | ||||||
| 13 | breast cancer, prior personal history of breast cancer, | ||||||
| 14 | positive genetic testing, or other risk factors. | ||||||
| 15 | (D) A comprehensive ultrasound screening of an entire | ||||||
| 16 | breast or breasts if a mammogram demonstrates | ||||||
| 17 | heterogeneous or dense breast tissue, when medically | ||||||
| 18 | necessary as determined by a physician licensed to practice | ||||||
| 19 | medicine in all of its branches. | ||||||
| 20 | All screenings
shall
include a physical breast exam, | ||||||
| 21 | instruction on self-examination and
information regarding the | ||||||
| 22 | frequency of self-examination and its value as a
preventative | ||||||
| 23 | tool. For purposes of this Section, "low-dose mammography" | ||||||
| 24 | means
the x-ray examination of the breast using equipment | ||||||
| 25 | dedicated specifically
for mammography, including the x-ray | ||||||
| 26 | tube, filter, compression device,
and image receptor, with an | ||||||
| |||||||
| |||||||
| 1 | average radiation exposure delivery
of less than one rad per | ||||||
| 2 | breast for 2 views of an average size breast.
The term also | ||||||
| 3 | includes digital mammography.
| ||||||
| 4 | On and after January 1, 2012, providers participating in a | ||||||
| 5 | quality improvement program approved by the Department shall be | ||||||
| 6 | reimbursed for screening and diagnostic mammography at the same | ||||||
| 7 | rate as the Medicare program's rates, including the increased | ||||||
| 8 | reimbursement for digital mammography. | ||||||
| 9 | The Department shall convene an expert panel including | ||||||
| 10 | representatives of hospitals, free-standing mammography | ||||||
| 11 | facilities, and doctors, including radiologists, to establish | ||||||
| 12 | quality standards. | ||||||
| 13 | Subject to federal approval, the Department shall | ||||||
| 14 | establish a rate methodology for mammography at federally | ||||||
| 15 | qualified health centers and other encounter-rate clinics. | ||||||
| 16 | These clinics or centers may also collaborate with other | ||||||
| 17 | hospital-based mammography facilities. | ||||||
| 18 | The Department shall establish a methodology to remind | ||||||
| 19 | women who are age-appropriate for screening mammography, but | ||||||
| 20 | who have not received a mammogram within the previous 18 | ||||||
| 21 | months, of the importance and benefit of screening mammography. | ||||||
| 22 | The Department shall establish a performance goal for | ||||||
| 23 | primary care providers with respect to their female patients | ||||||
| 24 | over age 40 receiving an annual mammogram. This performance | ||||||
| 25 | goal shall be used to provide additional reimbursement in the | ||||||
| 26 | form of a quality performance bonus to primary care providers | ||||||
| |||||||
| |||||||
| 1 | who meet that goal. | ||||||
| 2 | The Department shall devise a means of case-managing or | ||||||
| 3 | patient navigation for beneficiaries diagnosed with breast | ||||||
| 4 | cancer. This program shall initially operate as a pilot program | ||||||
| 5 | in areas of the State with the highest incidence of mortality | ||||||
| 6 | related to breast cancer. At least one pilot program site shall | ||||||
| 7 | be in the metropolitan Chicago area and at least one site shall | ||||||
| 8 | be outside the metropolitan Chicago area. An evaluation of the | ||||||
| 9 | pilot program shall be carried out measuring health outcomes | ||||||
| 10 | and cost of care for those served by the pilot program compared | ||||||
| 11 | to similarly situated patients who are not served by the pilot | ||||||
| 12 | program. | ||||||
| 13 | Any medical or health care provider shall immediately | ||||||
| 14 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
| 15 | services and is suspected
of drug abuse or is addicted as | ||||||
| 16 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
| 17 | Act, referral to a local substance abuse treatment provider
| ||||||
| 18 | licensed by the Department of Human Services or to a licensed
| ||||||
| 19 | hospital which provides substance abuse treatment services. | ||||||
| 20 | The Department of Healthcare and Family Services
shall assure | ||||||
| 21 | coverage for the cost of treatment of the drug abuse or
| ||||||
| 22 | addiction for pregnant recipients in accordance with the | ||||||
| 23 | Illinois Medicaid
Program in conjunction with the Department of | ||||||
| 24 | Human Services.
| ||||||
| 25 | All medical providers providing medical assistance to | ||||||
| 26 | pregnant women
under this Code shall receive information from | ||||||
| |||||||
| |||||||
| 1 | the Department on the
availability of services under the Drug | ||||||
| 2 | Free Families with a Future or any
comparable program providing | ||||||
| 3 | case management services for addicted women,
including | ||||||
| 4 | information on appropriate referrals for other social services
| ||||||
| 5 | that may be needed by addicted women in addition to treatment | ||||||
| 6 | for addiction.
| ||||||
| 7 | The Illinois Department, in cooperation with the | ||||||
| 8 | Departments of Human
Services (as successor to the Department | ||||||
| 9 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
| 10 | public awareness campaign, may
provide information concerning | ||||||
| 11 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
| 12 | health care, and other pertinent programs directed at
reducing | ||||||
| 13 | the number of drug-affected infants born to recipients of | ||||||
| 14 | medical
assistance.
| ||||||
| 15 | Neither the Department of Healthcare and Family Services | ||||||
| 16 | nor the Department of Human
Services shall sanction the | ||||||
| 17 | recipient solely on the basis of
her substance abuse.
| ||||||
| 18 | The Illinois Department shall establish such regulations | ||||||
| 19 | governing
the dispensing of health services under this Article | ||||||
| 20 | as it shall deem
appropriate. The Department
should
seek the | ||||||
| 21 | advice of formal professional advisory committees appointed by
| ||||||
| 22 | the Director of the Illinois Department for the purpose of | ||||||
| 23 | providing regular
advice on policy and administrative matters, | ||||||
| 24 | information dissemination and
educational activities for | ||||||
| 25 | medical and health care providers, and
consistency in | ||||||
| 26 | procedures to the Illinois Department.
| ||||||
| |||||||
| |||||||
| 1 | The Illinois Department may develop and contract with | ||||||
| 2 | Partnerships of
medical providers to arrange medical services | ||||||
| 3 | for persons eligible under
Section 5-2 of this Code. | ||||||
| 4 | Implementation of this Section may be by
demonstration projects | ||||||
| 5 | in certain geographic areas. The Partnership shall
be | ||||||
| 6 | represented by a sponsor organization. The Department, by rule, | ||||||
| 7 | shall
develop qualifications for sponsors of Partnerships. | ||||||
| 8 | Nothing in this
Section shall be construed to require that the | ||||||
| 9 | sponsor organization be a
medical organization.
| ||||||
| 10 | The sponsor must negotiate formal written contracts with | ||||||
| 11 | medical
providers for physician services, inpatient and | ||||||
| 12 | outpatient hospital care,
home health services, treatment for | ||||||
| 13 | alcoholism and substance abuse, and
other services determined | ||||||
| 14 | necessary by the Illinois Department by rule for
delivery by | ||||||
| 15 | Partnerships. Physician services must include prenatal and
| ||||||
| 16 | obstetrical care. The Illinois Department shall reimburse | ||||||
| 17 | medical services
delivered by Partnership providers to clients | ||||||
| 18 | in target areas according to
provisions of this Article and the | ||||||
| 19 | Illinois Health Finance Reform Act,
except that:
| ||||||
| 20 | (1) Physicians participating in a Partnership and | ||||||
| 21 | providing certain
services, which shall be determined by | ||||||
| 22 | the Illinois Department, to persons
in areas covered by the | ||||||
| 23 | Partnership may receive an additional surcharge
for such | ||||||
| 24 | services.
| ||||||
| 25 | (2) The Department may elect to consider and negotiate | ||||||
| 26 | financial
incentives to encourage the development of | ||||||
| |||||||
| |||||||
| 1 | Partnerships and the efficient
delivery of medical care.
| ||||||
| 2 | (3) Persons receiving medical services through | ||||||
| 3 | Partnerships may receive
medical and case management | ||||||
| 4 | services above the level usually offered
through the | ||||||
| 5 | medical assistance program.
| ||||||
| 6 | Medical providers shall be required to meet certain | ||||||
| 7 | qualifications to
participate in Partnerships to ensure the | ||||||
| 8 | delivery of high quality medical
services. These | ||||||
| 9 | qualifications shall be determined by rule of the Illinois
| ||||||
| 10 | Department and may be higher than qualifications for | ||||||
| 11 | participation in the
medical assistance program. Partnership | ||||||
| 12 | sponsors may prescribe reasonable
additional qualifications | ||||||
| 13 | for participation by medical providers, only with
the prior | ||||||
| 14 | written approval of the Illinois Department.
| ||||||
| 15 | Nothing in this Section shall limit the free choice of | ||||||
| 16 | practitioners,
hospitals, and other providers of medical | ||||||
| 17 | services by clients.
In order to ensure patient freedom of | ||||||
| 18 | choice, the Illinois Department shall
immediately promulgate | ||||||
| 19 | all rules and take all other necessary actions so that
provided | ||||||
| 20 | services may be accessed from therapeutically certified | ||||||
| 21 | optometrists
to the full extent of the Illinois Optometric | ||||||
| 22 | Practice Act of 1987 without
discriminating between service | ||||||
| 23 | providers.
| ||||||
| 24 | The Department shall apply for a waiver from the United | ||||||
| 25 | States Health
Care Financing Administration to allow for the | ||||||
| 26 | implementation of
Partnerships under this Section.
| ||||||
| |||||||
| |||||||
| 1 | The Illinois Department shall require health care | ||||||
| 2 | providers to maintain
records that document the medical care | ||||||
| 3 | and services provided to recipients
of Medical Assistance under | ||||||
| 4 | this Article. Such records must be retained for a period of not | ||||||
| 5 | less than 6 years from the date of service or as provided by | ||||||
| 6 | applicable State law, whichever period is longer, except that | ||||||
| 7 | if an audit is initiated within the required retention period | ||||||
| 8 | then the records must be retained until the audit is completed | ||||||
| 9 | and every exception is resolved. The Illinois Department shall
| ||||||
| 10 | require health care providers to make available, when | ||||||
| 11 | authorized by the
patient, in writing, the medical records in a | ||||||
| 12 | timely fashion to other
health care providers who are treating | ||||||
| 13 | or serving persons eligible for
Medical Assistance under this | ||||||
| 14 | Article. All dispensers of medical services
shall be required | ||||||
| 15 | to maintain and retain business and professional records
| ||||||
| 16 | sufficient to fully and accurately document the nature, scope, | ||||||
| 17 | details and
receipt of the health care provided to persons | ||||||
| 18 | eligible for medical
assistance under this Code, in accordance | ||||||
| 19 | with regulations promulgated by
the Illinois Department. The | ||||||
| 20 | rules and regulations shall require that proof
of the receipt | ||||||
| 21 | of prescription drugs, dentures, prosthetic devices and
| ||||||
| 22 | eyeglasses by eligible persons under this Section accompany | ||||||
| 23 | each claim
for reimbursement submitted by the dispenser of such | ||||||
| 24 | medical services.
No such claims for reimbursement shall be | ||||||
| 25 | approved for payment by the Illinois
Department without such | ||||||
| 26 | proof of receipt, unless the Illinois Department
shall have put | ||||||
| |||||||
| |||||||
| 1 | into effect and shall be operating a system of post-payment
| ||||||
| 2 | audit and review which shall, on a sampling basis, be deemed | ||||||
| 3 | adequate by
the Illinois Department to assure that such drugs, | ||||||
| 4 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
| 5 | is being made are actually being
received by eligible | ||||||
| 6 | recipients. Within 90 days after the effective date of
this | ||||||
| 7 | amendatory Act of 1984, the Illinois Department shall establish | ||||||
| 8 | a
current list of acquisition costs for all prosthetic devices | ||||||
| 9 | and any
other items recognized as medical equipment and | ||||||
| 10 | supplies reimbursable under
this Article and shall update such | ||||||
| 11 | list on a quarterly basis, except that
the acquisition costs of | ||||||
| 12 | all prescription drugs shall be updated no
less frequently than | ||||||
| 13 | every 30 days as required by Section 5-5.12.
| ||||||
| 14 | The rules and regulations of the Illinois Department shall | ||||||
| 15 | require
that a written statement including the required opinion | ||||||
| 16 | of a physician
shall accompany any claim for reimbursement for | ||||||
| 17 | abortions, or induced
miscarriages or premature births. This | ||||||
| 18 | statement shall indicate what
procedures were used in providing | ||||||
| 19 | such medical services.
| ||||||
| 20 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 21 | Department shall, within 365 days after July 22, 2013 (the | ||||||
| 22 | effective date of Public Act 98-104) this amendatory Act of the | ||||||
| 23 | 98th General Assembly, establish procedures to permit skilled | ||||||
| 24 | care facilities licensed under the Nursing Home Care Act to | ||||||
| 25 | submit monthly billing claims for reimbursement purposes. | ||||||
| 26 | Following development of these procedures, the Department | ||||||
| |||||||
| |||||||
| 1 | shall have an additional 365 days to test the viability of the | ||||||
| 2 | new system and to ensure that any necessary operational or | ||||||
| 3 | structural changes to its information technology platforms are | ||||||
| 4 | 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 liens | ||||||
| 21 | 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 period | ||||||
| 24 | of conditional enrollment, the Department may
terminate the | ||||||
| 25 | vendor's eligibility to participate in, or may disenroll the | ||||||
| 26 | 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 category of risk of | ||||||
| 7 | 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, admission | ||||||
| 9 | documents shall be submitted within 30 days of an admission to | ||||||
| 10 | the facility through the Medical Electronic Data Interchange | ||||||
| 11 | (MEDI) or the Recipient Eligibility Verification (REV) System, | ||||||
| 12 | or shall be submitted directly to the Department of Human | ||||||
| 13 | Services using required admission forms. Confirmation numbers | ||||||
| 14 | assigned to an accepted transaction shall be retained by a | ||||||
| 15 | facility to verify timely submittal. Once an admission | ||||||
| 16 | transaction has been completed, all resubmitted claims | ||||||
| 17 | following prior rejection are subject to receipt no later than | ||||||
| 18 | 180 days after the admission transaction has been completed. | ||||||
| 19 | Claims that are not submitted and received in compliance | ||||||
| 20 | with the foregoing requirements shall not be eligible for | ||||||
| 21 | payment under the medical assistance program, and the State | ||||||
| 22 | shall have no liability for payment of those claims. | ||||||
| 23 | To the extent consistent with applicable information and | ||||||
| 24 | privacy, security, and disclosure laws, State and federal | ||||||
| 25 | agencies and departments shall provide the Illinois Department | ||||||
| 26 | access to confidential and other information and data necessary | ||||||
| |||||||
| |||||||
| 1 | to perform eligibility and payment verifications and other | ||||||
| 2 | Illinois Department functions. This includes, but is not | ||||||
| 3 | limited to: information pertaining to licensure; | ||||||
| 4 | certification; earnings; immigration status; citizenship; wage | ||||||
| 5 | reporting; unearned and earned income; pension income; | ||||||
| 6 | employment; supplemental security income; social security | ||||||
| 7 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
| 8 | National Practitioner Data Bank (NPDB); program and agency | ||||||
| 9 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
| 10 | corporate information; and death records. | ||||||
| 11 | The Illinois Department shall enter into agreements with | ||||||
| 12 | State agencies and departments, and is authorized to enter into | ||||||
| 13 | agreements with federal agencies and departments, under which | ||||||
| 14 | such agencies and departments shall share data necessary for | ||||||
| 15 | medical assistance program integrity functions and oversight. | ||||||
| 16 | The Illinois Department shall develop, in cooperation with | ||||||
| 17 | other State departments and agencies, and in compliance with | ||||||
| 18 | applicable federal laws and regulations, appropriate and | ||||||
| 19 | effective methods to share such data. At a minimum, and to the | ||||||
| 20 | extent necessary to provide data sharing, the Illinois | ||||||
| 21 | Department shall enter into agreements with State agencies and | ||||||
| 22 | departments, and is authorized to enter into agreements with | ||||||
| 23 | federal agencies and departments, including but not limited to: | ||||||
| 24 | the Secretary of State; the Department of Revenue; the | ||||||
| 25 | Department of Public Health; the Department of Human Services; | ||||||
| 26 | and the Department of Financial and Professional Regulation. | ||||||
| |||||||
| |||||||
| 1 | Beginning in fiscal year 2013, the Illinois Department | ||||||
| 2 | shall set forth a request for information to identify the | ||||||
| 3 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
| 4 | claims system with the goals of streamlining claims processing | ||||||
| 5 | and provider reimbursement, reducing the number of pending or | ||||||
| 6 | rejected claims, and helping to ensure a more transparent | ||||||
| 7 | adjudication process through the utilization of: (i) provider | ||||||
| 8 | data verification and provider screening technology; and (ii) | ||||||
| 9 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
| 10 | post-adjudicated predictive modeling with an integrated case | ||||||
| 11 | management system with link analysis. Such a request for | ||||||
| 12 | information shall not be considered as a request for proposal | ||||||
| 13 | or as an obligation on the part of the Illinois Department to | ||||||
| 14 | take any action or acquire any products or services. | ||||||
| 15 | The Illinois Department shall establish policies, | ||||||
| 16 | procedures,
standards and criteria by rule for the acquisition, | ||||||
| 17 | repair and replacement
of orthotic and prosthetic devices and | ||||||
| 18 | durable medical equipment. Such
rules shall provide, but not be | ||||||
| 19 | limited to, the following services: (1)
immediate repair or | ||||||
| 20 | replacement of such devices by recipients; and (2) rental, | ||||||
| 21 | lease, purchase or lease-purchase of
durable medical equipment | ||||||
| 22 | in a cost-effective manner, taking into
consideration the | ||||||
| 23 | recipient's medical prognosis, the extent of the
recipient's | ||||||
| 24 | needs, and the requirements and costs for maintaining such
| ||||||
| 25 | equipment. Subject to prior approval, such rules shall enable a | ||||||
| 26 | recipient to temporarily acquire and
use alternative or | ||||||
| |||||||
| |||||||
| 1 | substitute devices or equipment pending repairs or
| ||||||
| 2 | replacements of any device or equipment previously authorized | ||||||
| 3 | for such
recipient by the Department.
| ||||||
| 4 | The Department shall execute, relative to the nursing home | ||||||
| 5 | prescreening
project, written inter-agency agreements with the | ||||||
| 6 | Department of Human
Services and the Department on Aging, to | ||||||
| 7 | effect the following: (i) intake
procedures and common | ||||||
| 8 | eligibility criteria for those persons who are receiving
| ||||||
| 9 | non-institutional services; and (ii) the establishment and | ||||||
| 10 | development of
non-institutional services in areas of the State | ||||||
| 11 | where they are not currently
available or are undeveloped; and | ||||||
| 12 | (iii) notwithstanding any other provision of law, subject to | ||||||
| 13 | federal approval, on and after July 1, 2012, an increase in the | ||||||
| 14 | determination of need (DON) scores from 29 to 37 for applicants | ||||||
| 15 | for institutional and home and community-based long term care; | ||||||
| 16 | if and only if federal approval is not granted, the Department | ||||||
| 17 | may, in conjunction with other affected agencies, implement | ||||||
| 18 | utilization controls or changes in benefit packages to | ||||||
| 19 | effectuate a similar savings amount for this population; and | ||||||
| 20 | (iv) no later than July 1, 2013, minimum level of care | ||||||
| 21 | eligibility criteria for institutional and home and | ||||||
| 22 | community-based long term care; and (v) no later than October | ||||||
| 23 | 1, 2013, establish procedures to permit long term care | ||||||
| 24 | providers access to eligibility scores for individuals with an | ||||||
| 25 | admission date who are seeking or receiving services from the | ||||||
| 26 | long term care provider. In order to select the minimum level | ||||||
| |||||||
| |||||||
| 1 | of care eligibility criteria, the Governor shall establish a | ||||||
| 2 | workgroup that includes affected agency representatives and | ||||||
| 3 | stakeholders representing the institutional and home and | ||||||
| 4 | community-based long term care interests. This Section shall | ||||||
| 5 | not restrict the Department from implementing lower level of | ||||||
| 6 | care eligibility criteria for community-based services in | ||||||
| 7 | circumstances where federal approval has been granted.
| ||||||
| 8 | The Illinois Department shall develop and operate, in | ||||||
| 9 | cooperation
with other State Departments and agencies and in | ||||||
| 10 | compliance with
applicable federal laws and regulations, | ||||||
| 11 | appropriate and effective
systems of health care evaluation and | ||||||
| 12 | programs for monitoring of
utilization of health care services | ||||||
| 13 | and facilities, as it affects
persons eligible for medical | ||||||
| 14 | assistance under this Code.
| ||||||
| 15 | The Illinois Department shall report annually to the | ||||||
| 16 | General Assembly,
no later than the second Friday in April of | ||||||
| 17 | 1979 and each year
thereafter, in regard to:
| ||||||
| 18 | (a) actual statistics and trends in utilization of | ||||||
| 19 | medical services by
public aid recipients;
| ||||||
| 20 | (b) actual statistics and trends in the provision of | ||||||
| 21 | the various medical
services by medical vendors;
| ||||||
| 22 | (c) current rate structures and proposed changes in | ||||||
| 23 | those rate structures
for the various medical vendors; and
| ||||||
| 24 | (d) efforts at utilization review and control by the | ||||||
| 25 | Illinois Department.
| ||||||
| 26 | The period covered by each report shall be the 3 years | ||||||
| |||||||
| |||||||
| 1 | ending on the June
30 prior to the report. The report shall | ||||||
| 2 | include suggested legislation
for consideration by the General | ||||||
| 3 | Assembly. The filing of one copy of the
report with the | ||||||
| 4 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
| 5 | the Clerk of the House of Representatives, one copy with the | ||||||
| 6 | President,
one copy with the Minority Leader and one copy with | ||||||
| 7 | the Secretary of the
Senate, one copy with the Legislative | ||||||
| 8 | Research Unit, and such additional
copies
with the State | ||||||
| 9 | Government Report Distribution Center for the General
Assembly | ||||||
| 10 | as is required under paragraph (t) of Section 7 of the State
| ||||||
| 11 | Library Act shall be deemed sufficient to comply with this | ||||||
| 12 | Section.
| ||||||
| 13 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 14 | any, is conditioned on the rules being adopted in accordance | ||||||
| 15 | with all provisions of the Illinois Administrative Procedure | ||||||
| 16 | Act and all rules and procedures of the Joint Committee on | ||||||
| 17 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 18 | whatever reason, is unauthorized. | ||||||
| 19 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 20 | rate of reimbursement for services or other payments or alter | ||||||
| 21 | any methodologies authorized by this Code to reduce any rate of | ||||||
| 22 | reimbursement for services or other payments in accordance with | ||||||
| 23 | Section 5-5e. | ||||||
| 24 | (Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689, | ||||||
| 25 | eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section | ||||||
| 26 | 9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff. | ||||||
| |||||||
| |||||||
| 1 | 7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; revised | ||||||
| 2 | 9-19-13.)
| ||||||
| 3 | (305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
| ||||||
| 4 | Sec. 5-5.2. Payment.
| ||||||
| 5 | (a) All nursing facilities that are grouped pursuant to | ||||||
| 6 | Section
5-5.1 of this Act shall receive the same rate of | ||||||
| 7 | payment for similar
services.
| ||||||
| 8 | (b) It shall be a matter of State policy that the Illinois | ||||||
| 9 | Department
shall utilize a uniform billing cycle throughout the | ||||||
| 10 | State for the
long-term care providers.
| ||||||
| 11 | (c) Notwithstanding any other provisions of this Code, the | ||||||
| 12 | 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 Resource Utilization Groups | ||||||
| 16 | (RUGs) has been fully operationalized, which shall take effect | ||||||
| 17 | for services provided on or after January 1, 2014. | ||||||
| 18 | (d) The new nursing services reimbursement methodology | ||||||
| 19 | utilizing RUG-IV 48 grouper model, which shall be referred to | ||||||
| 20 | as the RUGs reimbursement system, taking effect January 1, | ||||||
| 21 | 2014, shall be based on the following: | ||||||
| 22 | (1) The methodology shall be resident-driven, | ||||||
| 23 | facility-specific, and cost-based. | ||||||
| 24 | (2) Costs shall be annually rebased and case mix index | ||||||
| 25 | quarterly updated. The nursing services methodology will | ||||||
| |||||||
| |||||||
| 1 | be assigned to the Medicaid enrolled residents on record as | ||||||
| 2 | of 30 days prior to the beginning of the rate period in the | ||||||
| 3 | Department's Medicaid Management Information System (MMIS) | ||||||
| 4 | as present on the last day of the second quarter preceding | ||||||
| 5 | the rate period. | ||||||
| 6 | (3) Regional wage adjustors based on the Health Service | ||||||
| 7 | Areas (HSA) groupings and adjusters in effect on April 30, | ||||||
| 8 | 2012 shall be included. | ||||||
| 9 | (4) Case mix index shall be assigned to each resident | ||||||
| 10 | class based on the Centers for Medicare and Medicaid | ||||||
| 11 | Services staff time measurement study in effect on July 1, | ||||||
| 12 | 2013, utilizing an index maximization approach. | ||||||
| 13 | (5) The pool of funds available for distribution by | ||||||
| 14 | case mix and the base facility rate shall be determined | ||||||
| 15 | using the formula contained in subsection (d-1). | ||||||
| 16 | (d-1) Calculation of base year Statewide RUG-IV nursing | ||||||
| 17 | base per diem rate. | ||||||
| 18 | (1) Base rate spending pool shall be: | ||||||
| 19 | (A) The base year resident days which are | ||||||
| 20 | calculated by multiplying the number of Medicaid | ||||||
| 21 | residents in each nursing home as indicated in the MDS | ||||||
| 22 | data defined in paragraph (4) by 365. | ||||||
| 23 | (B) Each facility's nursing component per diem in | ||||||
| 24 | effect on July 1, 2012 shall be multiplied by | ||||||
| 25 | subsection (A). | ||||||
| 26 | (C) Thirteen million is added to the product of | ||||||
| |||||||
| |||||||
| 1 | subparagraph (A) and subparagraph (B) to adjust for the | ||||||
| 2 | exclusion of nursing homes defined in paragraph (5). | ||||||
| 3 | (2) For each nursing home with Medicaid residents as | ||||||
| 4 | indicated by the MDS data defined in paragraph (4), | ||||||
| 5 | weighted days adjusted for case mix and regional wage | ||||||
| 6 | adjustment shall be calculated. For each home this | ||||||
| 7 | calculation is the product of: | ||||||
| 8 | (A) Base year resident days as calculated in | ||||||
| 9 | subparagraph (A) of paragraph (1). | ||||||
| 10 | (B) The nursing home's regional wage adjustor | ||||||
| 11 | based on the Health Service Areas (HSA) groupings and | ||||||
| 12 | adjustors in effect on April 30, 2012. | ||||||
| 13 | (C) Facility weighted case mix which is the number | ||||||
| 14 | of Medicaid residents as indicated by the MDS data | ||||||
| 15 | defined in paragraph (4) multiplied by the associated | ||||||
| 16 | case weight for the RUG-IV 48 grouper model using | ||||||
| 17 | standard RUG-IV procedures for index maximization. | ||||||
| 18 | (D) The sum of the products calculated for each | ||||||
| 19 | nursing home in subparagraphs (A) through (C) above | ||||||
| 20 | shall be the base year case mix, rate adjusted weighted | ||||||
| 21 | days. | ||||||
| 22 | (3) The Statewide RUG-IV nursing base per diem rate on | ||||||
| 23 | January 1, 2014 shall be the quotient of the paragraph (1) | ||||||
| 24 | divided by the sum calculated under subparagraph (D) of | ||||||
| 25 | paragraph (2). | ||||||
| 26 | (4) Minimum Data Set (MDS) comprehensive assessments | ||||||
| |||||||
| |||||||
| 1 | for Medicaid residents on the last day of the quarter used | ||||||
| 2 | to establish the base rate. | ||||||
| 3 | (5) Nursing facilities designated as of July 1, 2012 by | ||||||
| 4 | the Department as "Institutions for Mental Disease" shall | ||||||
| 5 | be excluded from all calculations under this subsection. | ||||||
| 6 | The data from these facilities shall not be used in the | ||||||
| 7 | computations described in paragraphs (1) through (4) above | ||||||
| 8 | to establish the base rate. | ||||||
| 9 | (e) Notwithstanding any other provision of this Code, the | ||||||
| 10 | Department shall by rule develop a reimbursement methodology | ||||||
| 11 | reflective of the intensity of care and services requirements | ||||||
| 12 | of low need residents in the lowest RUG IV groupers and | ||||||
| 13 | corresponding regulations. Only that portion of the RUGs | ||||||
| 14 | Reimbursement System spending pool described in subsection | ||||||
| 15 | (d-1) attributed to the groupers as of July 1, 2013 for which | ||||||
| 16 | the methodology in this Section is developed may be diverted | ||||||
| 17 | for this purpose. The Department shall submit the rules no | ||||||
| 18 | later than January 1, 2014 for an implementation date no later | ||||||
| 19 | than January 1, 2015. If the Department does not implement this | ||||||
| 20 | reimbursement methodology by the required date, the nursing | ||||||
| 21 | component per diem on January 1, 2015 for residents classified | ||||||
| 22 | in RUG-IV groups PA1, PA2, BA1, and BA2 shall be the blended | ||||||
| 23 | rate of the calculated RUG-IV nursing component per diem and | ||||||
| 24 | the nursing component per diem in effect on July 1, 2012. This | ||||||
| 25 | blended rate shall be applied only to nursing homes whose | ||||||
| 26 | resident population is greater than or equal to 70% of the | ||||||
| |||||||
| |||||||
| 1 | total residents served and whose RUG-IV nursing component per | ||||||
| 2 | diem rate is less than the nursing component per diem in effect | ||||||
| 3 | on July 1, 2012. This blended rate shall be in effect until the | ||||||
| 4 | reimbursement methodology is implemented or until July 1, 2019, | ||||||
| 5 | whichever is sooner. | ||||||
| 6 | (e-1) Notwithstanding any other provision of this Article, | ||||||
| 7 | rates established pursuant to this subsection shall not apply | ||||||
| 8 | to any and all nursing facilities designated by the Department | ||||||
| 9 | as "Institutions for Mental Disease" and shall be excluded from | ||||||
| 10 | the RUGs Reimbursement System applicable to facilities not | ||||||
| 11 | designated as "Institutions for the Mentally Diseased" by the | ||||||
| 12 | Department. | ||||||
| 13 | (e-2) For dates of services beginning January 1, 2014, the | ||||||
| 14 | RUG-IV nursing component per diem for a nursing home shall be | ||||||
| 15 | the product of the statewide RUG-IV nursing base per diem rate, | ||||||
| 16 | the facility average case mix index, and the regional wage | ||||||
| 17 | adjustor. Transition rates for services provided between | ||||||
| 18 | January 1, 2014 and December 31, 2014 shall be as follows: | ||||||
| 19 | (1) The transition RUG-IV per diem nursing rate for | ||||||
| 20 | nursing homes whose rate calculated in this subsection | ||||||
| 21 | (e-2) is greater than the nursing component rate in effect | ||||||
| 22 | July 1, 2012 shall be paid the sum of: | ||||||
| 23 | (A) The nursing component rate in effect July 1, | ||||||
| 24 | 2012; plus | ||||||
| 25 | (B) The difference of the RUG-IV nursing component | ||||||
| 26 | per diem calculated for the current quarter minus the | ||||||
| |||||||
| |||||||
| 1 | nursing component rate in effect July 1, 2012 | ||||||
| 2 | multiplied by 0.88. | ||||||
| 3 | (2) The transition RUG-IV per diem nursing rate for | ||||||
| 4 | nursing homes whose rate calculated in this subsection | ||||||
| 5 | (e-2) is less than the nursing component rate in effect | ||||||
| 6 | July 1, 2012 shall be paid the sum of: | ||||||
| 7 | (A) The nursing component rate in effect July 1, | ||||||
| 8 | 2012; plus | ||||||
| 9 | (B) The difference of the RUG-IV nursing component | ||||||
| 10 | per diem calculated for the current quarter minus the | ||||||
| 11 | nursing component rate in effect July 1, 2012 | ||||||
| 12 | multiplied by 0.13. | ||||||
| 13 | (f) Notwithstanding any other provision of this Code, on | ||||||
| 14 | and after July 1, 2012, reimbursement rates associated with the | ||||||
| 15 | nursing or support components of the current nursing facility | ||||||
| 16 | rate methodology shall not increase beyond the level effective | ||||||
| 17 | May 1, 2011 until a new reimbursement system based on the RUGs | ||||||
| 18 | IV 48 grouper model has been fully operationalized. | ||||||
| 19 | (g) Notwithstanding any other provision of this Code, on | ||||||
| 20 | and after July 1, 2012, for facilities not designated by the | ||||||
| 21 | Department of Healthcare and Family Services as "Institutions | ||||||
| 22 | for Mental Disease", rates effective May 1, 2011 shall be | ||||||
| 23 | adjusted as follows: | ||||||
| 24 | (1) Individual nursing rates for residents classified | ||||||
| 25 | in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter | ||||||
| 26 | ending March 31, 2012 shall be reduced by 10%; | ||||||
| |||||||
| |||||||
| 1 | (2) Individual nursing rates for residents classified | ||||||
| 2 | in all other RUG IV groups shall be reduced by 1.0%; | ||||||
| 3 | (3) Facility rates for the capital and support | ||||||
| 4 | components shall be reduced by 1.7%. | ||||||
| 5 | (h) Notwithstanding any other provision of this Code, on | ||||||
| 6 | and after July 1, 2012, nursing facilities designated by the | ||||||
| 7 | Department of Healthcare and Family Services as "Institutions | ||||||
| 8 | for Mental Disease" and "Institutions for Mental Disease" that | ||||||
| 9 | are facilities licensed under the Specialized Mental Health | ||||||
| 10 | Rehabilitation Act of 2013 shall have the nursing, | ||||||
| 11 | socio-developmental, capital, and support components of their | ||||||
| 12 | reimbursement rate effective May 1, 2011 reduced in total by | ||||||
| 13 | 2.7%. | ||||||
| 14 | (Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section | ||||||
| 15 | 6-240, eff. 7-22-13; 98-104, Article 11, Section 11-35, eff. | ||||||
| 16 | 7-22-13; revised 9-19-13.)
| ||||||
| 17 | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
| ||||||
| 18 | Sec. 5-5.4. Standards of Payment - Department of Healthcare | ||||||
| 19 | and Family Services.
The Department of Healthcare and Family | ||||||
| 20 | Services shall develop standards of payment of
nursing facility | ||||||
| 21 | and ICF/DD services in facilities providing such services
under | ||||||
| 22 | this Article which:
| ||||||
| 23 | (1) Provide for the determination of a facility's payment
| ||||||
| 24 | for nursing facility or ICF/DD services on a prospective basis.
| ||||||
| 25 | The amount of the payment rate for all nursing facilities | ||||||
| |||||||
| |||||||
| 1 | certified by the
Department of Public Health under the ID/DD | ||||||
| 2 | Community Care Act or the Nursing Home Care Act as Intermediate
| ||||||
| 3 | Care for the Developmentally Disabled facilities, Long Term | ||||||
| 4 | Care for Under Age
22 facilities, Skilled Nursing facilities, | ||||||
| 5 | or Intermediate Care facilities
under the
medical assistance | ||||||
| 6 | program shall be prospectively established annually on the
| ||||||
| 7 | basis of historical, financial, and statistical data | ||||||
| 8 | reflecting actual costs
from prior years, which shall be | ||||||
| 9 | applied to the current rate year and updated
for inflation, | ||||||
| 10 | except that the capital cost element for newly constructed
| ||||||
| 11 | facilities shall be based upon projected budgets. The annually | ||||||
| 12 | established
payment rate shall take effect on July 1 in 1984 | ||||||
| 13 | and subsequent years. No rate
increase and no
update for | ||||||
| 14 | inflation shall be provided on or after July 1, 1994, unless | ||||||
| 15 | specifically provided for in this
Section.
The changes made by | ||||||
| 16 | Public Act 93-841
extending the duration of the prohibition | ||||||
| 17 | against a rate increase or update for inflation are effective | ||||||
| 18 | retroactive to July 1, 2004.
| ||||||
| 19 | For facilities licensed by the Department of Public Health | ||||||
| 20 | under the Nursing
Home Care Act as Intermediate Care for the | ||||||
| 21 | Developmentally Disabled facilities
or Long Term Care for Under | ||||||
| 22 | Age 22 facilities, the rates taking effect on July
1, 1998 | ||||||
| 23 | shall include an increase of 3%. For facilities licensed by the
| ||||||
| 24 | Department of Public Health under the Nursing Home Care Act as | ||||||
| 25 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
| 26 | the rates taking effect on July 1,
1998 shall include an | ||||||
| |||||||
| |||||||
| 1 | increase of 3% plus $1.10 per resident-day, as defined by
the | ||||||
| 2 | Department. For facilities licensed by the Department of Public | ||||||
| 3 | Health under the Nursing Home Care Act as Intermediate Care | ||||||
| 4 | Facilities for the Developmentally Disabled or Long Term Care | ||||||
| 5 | for Under Age 22 facilities, the rates taking effect on January | ||||||
| 6 | 1, 2006 shall include an increase of 3%.
For facilities | ||||||
| 7 | licensed by the Department of Public Health under the Nursing | ||||||
| 8 | Home Care Act as Intermediate Care Facilities for the | ||||||
| 9 | Developmentally Disabled or Long Term Care for Under Age 22 | ||||||
| 10 | facilities, the rates taking effect on January 1, 2009 shall | ||||||
| 11 | include an increase sufficient to provide a $0.50 per hour wage | ||||||
| 12 | increase for non-executive staff. | ||||||
| 13 | For facilities licensed by the Department of Public Health | ||||||
| 14 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
| 15 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
| 16 | Age 22 facilities, the rates taking
effect on July 1, 1999 | ||||||
| 17 | shall include an increase of 1.6% plus $3.00 per
resident-day, | ||||||
| 18 | as defined by the Department. For facilities licensed by the
| ||||||
| 19 | Department of Public Health under the Nursing Home Care Act as | ||||||
| 20 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
| 21 | the rates taking effect on July 1,
1999 shall include an | ||||||
| 22 | increase of 1.6% and, for services provided on or after
October | ||||||
| 23 | 1, 1999, shall be increased by $4.00 per resident-day, as | ||||||
| 24 | defined by
the Department.
| ||||||
| 25 | For facilities licensed by the Department of Public Health | ||||||
| 26 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
| |||||||
| |||||||
| 1 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
| 2 | Age 22 facilities, the rates taking
effect on July 1, 2000 | ||||||
| 3 | shall include an increase of 2.5% per resident-day,
as defined | ||||||
| 4 | by the Department. For facilities licensed by the Department of
| ||||||
| 5 | Public Health under the Nursing Home Care Act as Skilled | ||||||
| 6 | Nursing facilities or
Intermediate Care facilities, the rates | ||||||
| 7 | taking effect on July 1, 2000 shall
include an increase of 2.5% | ||||||
| 8 | per resident-day, as defined by the Department.
| ||||||
| 9 | For facilities licensed by the Department of Public Health | ||||||
| 10 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
| 11 | or intermediate care
facilities, a new payment methodology must | ||||||
| 12 | be implemented for the nursing
component of the rate effective | ||||||
| 13 | July 1, 2003. The Department of Public Aid
(now Healthcare and | ||||||
| 14 | Family Services) shall develop the new payment methodology | ||||||
| 15 | using the Minimum Data Set
(MDS) as the instrument to collect | ||||||
| 16 | information concerning nursing home
resident condition | ||||||
| 17 | necessary to compute the rate. The Department
shall develop the | ||||||
| 18 | new payment methodology to meet the unique needs of
Illinois | ||||||
| 19 | nursing home residents while remaining subject to the | ||||||
| 20 | appropriations
provided by the General Assembly.
A transition | ||||||
| 21 | period from the payment methodology in effect on June 30, 2003
| ||||||
| 22 | to the payment methodology in effect on July 1, 2003 shall be | ||||||
| 23 | provided for a
period not exceeding 3 years and 184 days after | ||||||
| 24 | implementation of the new payment
methodology as follows:
| ||||||
| 25 | (A) For a facility that would receive a lower
nursing | ||||||
| 26 | component rate per patient day under the new system than | ||||||
| |||||||
| |||||||
| 1 | the facility
received
effective on the date immediately | ||||||
| 2 | preceding the date that the Department
implements the new | ||||||
| 3 | payment methodology, the nursing component rate per | ||||||
| 4 | patient
day for the facility
shall be held at
the level in | ||||||
| 5 | effect on the date immediately preceding the date that the
| ||||||
| 6 | Department implements the new payment methodology until a | ||||||
| 7 | higher nursing
component rate of
reimbursement is achieved | ||||||
| 8 | by that
facility.
| ||||||
| 9 | (B) For a facility that would receive a higher nursing | ||||||
| 10 | component rate per
patient day under the payment | ||||||
| 11 | methodology in effect on July 1, 2003 than the
facility | ||||||
| 12 | received effective on the date immediately preceding the | ||||||
| 13 | date that the
Department implements the new payment | ||||||
| 14 | methodology, the nursing component rate
per patient day for | ||||||
| 15 | the facility shall be adjusted.
| ||||||
| 16 | (C) Notwithstanding paragraphs (A) and (B), the | ||||||
| 17 | nursing component rate per
patient day for the facility | ||||||
| 18 | shall be adjusted subject to appropriations
provided by the | ||||||
| 19 | General Assembly.
| ||||||
| 20 | For facilities licensed by the Department of Public Health | ||||||
| 21 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
| 22 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
| 23 | Age 22 facilities, the rates taking
effect on March 1, 2001 | ||||||
| 24 | shall include a statewide increase of 7.85%, as
defined by the | ||||||
| 25 | Department.
| ||||||
| 26 | Notwithstanding any other provision of this Section, for | ||||||
| |||||||
| |||||||
| 1 | facilities licensed by the Department of Public Health under | ||||||
| 2 | the
Nursing Home Care Act as skilled nursing facilities or | ||||||
| 3 | intermediate care
facilities, except facilities participating | ||||||
| 4 | in the Department's demonstration program pursuant to the | ||||||
| 5 | provisions of Title 77, Part 300, Subpart T of the Illinois | ||||||
| 6 | Administrative Code, the numerator of the ratio used by the | ||||||
| 7 | Department of Healthcare and Family Services to compute the | ||||||
| 8 | rate payable under this Section using the Minimum Data Set | ||||||
| 9 | (MDS) methodology shall incorporate the following annual | ||||||
| 10 | amounts as the additional funds appropriated to the Department | ||||||
| 11 | specifically to pay for rates based on the MDS nursing | ||||||
| 12 | component methodology in excess of the funding in effect on | ||||||
| 13 | December 31, 2006: | ||||||
| 14 | (i) For rates taking effect January 1, 2007, | ||||||
| 15 | $60,000,000. | ||||||
| 16 | (ii) For rates taking effect January 1, 2008, | ||||||
| 17 | $110,000,000. | ||||||
| 18 | (iii) For rates taking effect January 1, 2009, | ||||||
| 19 | $194,000,000. | ||||||
| 20 | (iv) For rates taking effect April 1, 2011, or the | ||||||
| 21 | first day of the month that begins at least 45 days after | ||||||
| 22 | the effective date of this amendatory Act of the 96th | ||||||
| 23 | General Assembly, $416,500,000 or an amount as may be | ||||||
| 24 | necessary to complete the transition to the MDS methodology | ||||||
| 25 | for the nursing component of the rate. Increased payments | ||||||
| 26 | under this item (iv) are not due and payable, however, | ||||||
| |||||||
| |||||||
| 1 | until (i) the methodologies described in this paragraph are | ||||||
| 2 | approved by the federal government in an appropriate State | ||||||
| 3 | Plan amendment and (ii) the assessment imposed by Section | ||||||
| 4 | 5B-2 of this Code is determined to be a permissible tax | ||||||
| 5 | under Title XIX of the Social Security Act. | ||||||
| 6 | Notwithstanding any other provision of this Section, for | ||||||
| 7 | facilities licensed by the Department of Public Health under | ||||||
| 8 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
| 9 | intermediate care facilities, the support component of the | ||||||
| 10 | rates taking effect on January 1, 2008 shall be computed using | ||||||
| 11 | the most recent cost reports on file with the Department of | ||||||
| 12 | Healthcare and Family Services no later than April 1, 2005, | ||||||
| 13 | updated for inflation to January 1, 2006. | ||||||
| 14 | For facilities licensed by the Department of Public Health | ||||||
| 15 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
| 16 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
| 17 | Age 22 facilities, the rates taking
effect on April 1, 2002 | ||||||
| 18 | shall include a statewide increase of 2.0%, as
defined by the | ||||||
| 19 | Department.
This increase terminates on July 1, 2002;
beginning | ||||||
| 20 | July 1, 2002 these rates are reduced to the level of the rates
| ||||||
| 21 | in effect on March 31, 2002, as defined by the Department.
| ||||||
| 22 | For facilities licensed by the Department of Public Health | ||||||
| 23 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
| 24 | or intermediate care
facilities, the rates taking effect on | ||||||
| 25 | July 1, 2001 shall be computed using the most recent cost | ||||||
| 26 | reports
on file with the Department of Public Aid no later than | ||||||
| |||||||
| |||||||
| 1 | April 1, 2000,
updated for inflation to January 1, 2001. For | ||||||
| 2 | rates effective July 1, 2001
only, rates shall be the greater | ||||||
| 3 | of the rate computed for July 1, 2001
or the rate effective on | ||||||
| 4 | June 30, 2001.
| ||||||
| 5 | Notwithstanding any other provision of this Section, for | ||||||
| 6 | facilities
licensed by the Department of Public Health under | ||||||
| 7 | the Nursing Home Care Act
as skilled nursing facilities or | ||||||
| 8 | intermediate care facilities, the Illinois
Department shall | ||||||
| 9 | determine by rule the rates taking effect on July 1, 2002,
| ||||||
| 10 | which shall be 5.9% less than the rates in effect on June 30, | ||||||
| 11 | 2002.
| ||||||
| 12 | Notwithstanding any other provision of this Section, for | ||||||
| 13 | facilities
licensed by the Department of Public Health under | ||||||
| 14 | the Nursing Home Care Act as
skilled nursing
facilities or | ||||||
| 15 | intermediate care facilities, if the payment methodologies | ||||||
| 16 | required under Section 5A-12 and the waiver granted under 42 | ||||||
| 17 | CFR 433.68 are approved by the United States Centers for | ||||||
| 18 | Medicare and Medicaid Services, the rates taking effect on July | ||||||
| 19 | 1, 2004 shall be 3.0% greater than the rates in effect on June | ||||||
| 20 | 30, 2004. These rates shall take
effect only upon approval and
| ||||||
| 21 | implementation of the payment methodologies required under | ||||||
| 22 | Section 5A-12.
| ||||||
| 23 | Notwithstanding any other provisions of this Section, for | ||||||
| 24 | facilities licensed by the Department of Public Health under | ||||||
| 25 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
| 26 | intermediate care facilities, the rates taking effect on | ||||||
| |||||||
| |||||||
| 1 | January 1, 2005 shall be 3% more than the rates in effect on | ||||||
| 2 | December 31, 2004.
| ||||||
| 3 | Notwithstanding any other provision of this Section, for | ||||||
| 4 | facilities licensed by the Department of Public Health under | ||||||
| 5 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
| 6 | intermediate care facilities, effective January 1, 2009, the | ||||||
| 7 | per diem support component of the rates effective on January 1, | ||||||
| 8 | 2008, computed using the most recent cost reports on file with | ||||||
| 9 | the Department of Healthcare and Family Services no later than | ||||||
| 10 | April 1, 2005, updated for inflation to January 1, 2006, shall | ||||||
| 11 | be increased to the amount that would have been derived using | ||||||
| 12 | standard Department of Healthcare and Family Services methods, | ||||||
| 13 | procedures, and inflators. | ||||||
| 14 | Notwithstanding any other provisions of this Section, for | ||||||
| 15 | facilities licensed by the Department of Public Health under | ||||||
| 16 | the Nursing Home Care Act as intermediate care facilities that | ||||||
| 17 | are federally defined as Institutions for Mental Disease, or | ||||||
| 18 | facilities licensed by the Department of Public Health under | ||||||
| 19 | the Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
| 20 | socio-development component rate equal to 6.6% of the | ||||||
| 21 | facility's nursing component rate as of January 1, 2006 shall | ||||||
| 22 | be established and paid effective July 1, 2006. The | ||||||
| 23 | socio-development component of the rate shall be increased by a | ||||||
| 24 | factor of 2.53 on the first day of the month that begins at | ||||||
| 25 | least 45 days after January 11, 2008 (the effective date of | ||||||
| 26 | Public Act 95-707). As of August 1, 2008, the socio-development | ||||||
| |||||||
| |||||||
| 1 | component rate shall be equal to 6.6% of the facility's nursing | ||||||
| 2 | component rate as of January 1, 2006, multiplied by a factor of | ||||||
| 3 | 3.53. For services provided on or after April 1, 2011, or the | ||||||
| 4 | first day of the month that begins at least 45 days after the | ||||||
| 5 | effective date of this amendatory Act of the 96th General | ||||||
| 6 | Assembly, whichever is later, the Illinois Department may by | ||||||
| 7 | rule adjust these socio-development component rates, and may | ||||||
| 8 | use different adjustment methodologies for those facilities | ||||||
| 9 | participating, and those not participating, in the Illinois | ||||||
| 10 | Department's demonstration program pursuant to the provisions | ||||||
| 11 | of Title 77, Part 300, Subpart T of the Illinois Administrative | ||||||
| 12 | Code, but in no case may such rates be diminished below those | ||||||
| 13 | in effect on August 1, 2008.
| ||||||
| 14 | For facilities
licensed
by the
Department of Public Health | ||||||
| 15 | under the Nursing Home Care Act as Intermediate
Care for
the | ||||||
| 16 | Developmentally Disabled facilities or as long-term care | ||||||
| 17 | facilities for
residents under 22 years of age, the rates | ||||||
| 18 | taking effect on July 1,
2003 shall
include a statewide | ||||||
| 19 | increase of 4%, as defined by the Department.
| ||||||
| 20 | For facilities licensed by the Department of Public Health | ||||||
| 21 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
| 22 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
| 23 | Age 22 facilities, the rates taking
effect on the first day of | ||||||
| 24 | the month that begins at least 45 days after the effective date | ||||||
| 25 | of this amendatory Act of the 95th General Assembly shall | ||||||
| 26 | include a statewide increase of 2.5%, as
defined by the | ||||||
| |||||||
| |||||||
| 1 | Department. | ||||||
| 2 | Notwithstanding any other provision of this Section, for | ||||||
| 3 | facilities licensed by the Department of Public Health under | ||||||
| 4 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
| 5 | intermediate care facilities, effective January 1, 2005, | ||||||
| 6 | facility rates shall be increased by the difference between (i) | ||||||
| 7 | a facility's per diem property, liability, and malpractice | ||||||
| 8 | insurance costs as reported in the cost report filed with the | ||||||
| 9 | Department of Public Aid and used to establish rates effective | ||||||
| 10 | July 1, 2001 and (ii) those same costs as reported in the | ||||||
| 11 | facility's 2002 cost report. These costs shall be passed | ||||||
| 12 | through to the facility without caps or limitations, except for | ||||||
| 13 | adjustments required under normal auditing procedures.
| ||||||
| 14 | Rates established effective each July 1 shall govern | ||||||
| 15 | payment
for services rendered throughout that fiscal year, | ||||||
| 16 | except that rates
established on July 1, 1996 shall be | ||||||
| 17 | increased by 6.8% for services
provided on or after January 1, | ||||||
| 18 | 1997. Such rates will be based
upon the rates calculated for | ||||||
| 19 | the year beginning July 1, 1990, and for
subsequent years | ||||||
| 20 | thereafter until June 30, 2001 shall be based on the
facility | ||||||
| 21 | cost reports
for the facility fiscal year ending at any point | ||||||
| 22 | in time during the previous
calendar year, updated to the | ||||||
| 23 | midpoint of the rate year. The cost report
shall be on file | ||||||
| 24 | with the Department no later than April 1 of the current
rate | ||||||
| 25 | year. Should the cost report not be on file by April 1, the | ||||||
| 26 | Department
shall base the rate on the latest cost report filed | ||||||
| |||||||
| |||||||
| 1 | by each skilled care
facility and intermediate care facility, | ||||||
| 2 | updated to the midpoint of the
current rate year. In | ||||||
| 3 | determining rates for services rendered on and after
July 1, | ||||||
| 4 | 1985, fixed time shall not be computed at less than zero. The
| ||||||
| 5 | Department shall not make any alterations of regulations which | ||||||
| 6 | would reduce
any component of the Medicaid rate to a level | ||||||
| 7 | below what that component would
have been utilizing in the rate | ||||||
| 8 | effective on July 1, 1984.
| ||||||
| 9 | (2) Shall take into account the actual costs incurred by | ||||||
| 10 | facilities
in providing services for recipients of skilled | ||||||
| 11 | nursing and intermediate
care services under the medical | ||||||
| 12 | assistance program.
| ||||||
| 13 | (3) Shall take into account the medical and psycho-social
| ||||||
| 14 | characteristics and needs of the patients.
| ||||||
| 15 | (4) Shall take into account the actual costs incurred by | ||||||
| 16 | facilities in
meeting licensing and certification standards | ||||||
| 17 | imposed and prescribed by the
State of Illinois, any of its | ||||||
| 18 | political subdivisions or municipalities and by
the U.S. | ||||||
| 19 | Department of Health and Human Services pursuant to Title XIX | ||||||
| 20 | of the
Social Security Act.
| ||||||
| 21 | The Department of Healthcare and Family Services
shall | ||||||
| 22 | develop precise standards for
payments to reimburse nursing | ||||||
| 23 | facilities for any utilization of
appropriate rehabilitative | ||||||
| 24 | personnel for the provision of rehabilitative
services which is | ||||||
| 25 | authorized by federal regulations, including
reimbursement for | ||||||
| 26 | services provided by qualified therapists or qualified
| ||||||
| |||||||
| |||||||
| 1 | assistants, and which is in accordance with accepted | ||||||
| 2 | professional
practices. Reimbursement also may be made for | ||||||
| 3 | utilization of other
supportive personnel under appropriate | ||||||
| 4 | supervision.
| ||||||
| 5 | The Department shall develop enhanced payments to offset | ||||||
| 6 | the additional costs incurred by a
facility serving exceptional | ||||||
| 7 | need residents and shall allocate at least $4,000,000 of the | ||||||
| 8 | funds
collected from the assessment established by Section 5B-2 | ||||||
| 9 | of this Code for such payments. For
the purpose of this | ||||||
| 10 | Section, "exceptional needs" means, but need not be limited to, | ||||||
| 11 | ventilator care and traumatic brain injury care. The enhanced | ||||||
| 12 | payments for exceptional need residents under this paragraph | ||||||
| 13 | are not due and payable, however, until (i) the methodologies | ||||||
| 14 | described in this paragraph are approved by the federal | ||||||
| 15 | government in an appropriate State Plan amendment and (ii) the | ||||||
| 16 | assessment imposed by Section 5B-2 of this Code is determined | ||||||
| 17 | to be a permissible tax under Title XIX of the Social Security | ||||||
| 18 | Act. | ||||||
| 19 | Beginning January 1, 2014 the methodologies for | ||||||
| 20 | reimbursement of nursing facility services as provided under | ||||||
| 21 | this Section 5-5.4 shall no longer be applicable for services | ||||||
| 22 | provided on or after January 1, 2014. | ||||||
| 23 | No payment increase under this Section for the MDS | ||||||
| 24 | methodology, exceptional care residents, or the | ||||||
| 25 | socio-development component rate established by Public Act | ||||||
| 26 | 96-1530 of the 96th General Assembly and funded by the | ||||||
| |||||||
| |||||||
| 1 | assessment imposed under Section 5B-2 of this Code shall be due | ||||||
| 2 | and payable until after the Department notifies the long-term | ||||||
| 3 | care providers, in writing, that the payment methodologies to | ||||||
| 4 | long-term care providers required under this Section have been | ||||||
| 5 | approved by the Centers for Medicare and Medicaid Services of | ||||||
| 6 | the U.S. Department of Health and Human Services and the | ||||||
| 7 | waivers under 42 CFR 433.68 for the assessment imposed by this | ||||||
| 8 | Section, if necessary, have been granted by the Centers for | ||||||
| 9 | Medicare and Medicaid Services of the U.S. Department of Health | ||||||
| 10 | and Human Services. Upon notification to the Department of | ||||||
| 11 | approval of the payment methodologies required under this | ||||||
| 12 | Section and the waivers granted under 42 CFR 433.68, all | ||||||
| 13 | increased payments otherwise due under this Section prior to | ||||||
| 14 | the date of notification shall be due and payable within 90 | ||||||
| 15 | days of the date federal approval is received. | ||||||
| 16 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 17 | rate of reimbursement for services or other payments or alter | ||||||
| 18 | any methodologies authorized by this Code to reduce any rate of | ||||||
| 19 | reimbursement for services or other payments in accordance with | ||||||
| 20 | Section 5-5e. | ||||||
| 21 | (Source: P.A. 97-10, eff. 6-14-11; 97-38, eff. 6-28-11; 97-227, | ||||||
| 22 | eff. 1-1-12; 97-584, eff. 8-26-11; 97-689, eff. 6-14-12; | ||||||
| 23 | 97-813, eff. 7-13-12; 98-24, eff. 6-19-13; 98-104, eff. | ||||||
| 24 | 7-22-13; revised 9-19-13.)
| ||||||
| 25 | (305 ILCS 5/5-5f)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5-5f. Elimination and limitations of medical | ||||||
| 2 | assistance services. Notwithstanding any other provision of | ||||||
| 3 | this Code to the contrary, on and after July 1, 2012: | ||||||
| 4 | (a) The following services shall no longer be a covered | ||||||
| 5 | service available under this Code: group psychotherapy for | ||||||
| 6 | residents of any facility licensed under the Nursing Home Care | ||||||
| 7 | Act or the Specialized Mental Health Rehabilitation Act of | ||||||
| 8 | 2013; and adult chiropractic services. | ||||||
| 9 | (b) The Department shall place the following limitations on | ||||||
| 10 | services: (i) the Department shall limit adult eyeglasses to | ||||||
| 11 | one pair every 2 years; (ii) the Department shall set an annual | ||||||
| 12 | limit of a maximum of 20 visits for each of the following | ||||||
| 13 | services: adult speech, hearing, and language therapy | ||||||
| 14 | services, adult occupational therapy services, and physical | ||||||
| 15 | therapy services; (iii) the Department shall limit adult | ||||||
| 16 | podiatry services to individuals with diabetes; (iv) the | ||||||
| 17 | Department shall pay for caesarean sections at the normal | ||||||
| 18 | vaginal delivery rate unless a caesarean section was medically | ||||||
| 19 | necessary; (v) the Department shall limit adult dental services | ||||||
| 20 | to emergencies; beginning July 1, 2013, the Department shall | ||||||
| 21 | ensure that the following conditions are recognized as | ||||||
| 22 | emergencies: (A) dental services necessary for an individual in | ||||||
| 23 | order for the individual to be cleared for a medical procedure, | ||||||
| 24 | such as a transplant;
(B) extractions and dentures necessary | ||||||
| 25 | for a diabetic to receive proper nutrition;
(C) extractions and | ||||||
| 26 | dentures necessary as a result of cancer treatment; and (D) | ||||||
| |||||||
| |||||||
| 1 | dental services necessary for the health of a pregnant woman | ||||||
| 2 | prior to delivery of her baby; and (vi) effective July 1, 2012, | ||||||
| 3 | the Department shall place limitations and require concurrent | ||||||
| 4 | review on every inpatient detoxification stay to prevent repeat | ||||||
| 5 | admissions to any hospital for detoxification within 60 days of | ||||||
| 6 | a previous inpatient detoxification stay. The Department shall | ||||||
| 7 | convene a workgroup of hospitals, substance abuse providers, | ||||||
| 8 | care coordination entities, managed care plans, and other | ||||||
| 9 | stakeholders to develop recommendations for quality standards, | ||||||
| 10 | diversion to other settings, and admission criteria for | ||||||
| 11 | patients who need inpatient detoxification, which shall be | ||||||
| 12 | published on the Department's website no later than September | ||||||
| 13 | 1, 2013. | ||||||
| 14 | (c) The Department shall require prior approval of the | ||||||
| 15 | following services: wheelchair repairs costing more than $400, | ||||||
| 16 | coronary artery bypass graft, and bariatric surgery consistent | ||||||
| 17 | with Medicare standards concerning patient responsibility. | ||||||
| 18 | Wheelchair repair prior approval requests shall be adjudicated | ||||||
| 19 | within one business day of receipt of complete supporting | ||||||
| 20 | documentation. Providers may not break wheelchair repairs into | ||||||
| 21 | separate claims for purposes of staying under the $400 | ||||||
| 22 | threshold for requiring prior approval. The wholesale price of | ||||||
| 23 | manual and power wheelchairs, durable medical equipment and | ||||||
| 24 | supplies, and complex rehabilitation technology products and | ||||||
| 25 | services shall be defined as actual acquisition cost including | ||||||
| 26 | all discounts. | ||||||
| |||||||
| |||||||
| 1 | (d) The Department shall establish benchmarks for | ||||||
| 2 | hospitals to measure and align payments to reduce potentially | ||||||
| 3 | preventable hospital readmissions, inpatient complications, | ||||||
| 4 | and unnecessary emergency room visits. In doing so, the | ||||||
| 5 | Department shall consider items, including, but not limited to, | ||||||
| 6 | historic and current acuity of care and historic and current | ||||||
| 7 | trends in readmission. The Department shall publish | ||||||
| 8 | provider-specific historical readmission data and anticipated | ||||||
| 9 | potentially preventable targets 60 days prior to the start of | ||||||
| 10 | the program. In the instance of readmissions, the Department | ||||||
| 11 | shall adopt policies and rates of reimbursement for services | ||||||
| 12 | and other payments provided under this Code to ensure that, by | ||||||
| 13 | June 30, 2013, expenditures to hospitals are reduced by, at a | ||||||
| 14 | minimum, $40,000,000. | ||||||
| 15 | (e) The Department shall establish utilization controls | ||||||
| 16 | for the hospice program such that it shall not pay for other | ||||||
| 17 | care services when an individual is in hospice. | ||||||
| 18 | (f) For home health services, the Department shall require | ||||||
| 19 | Medicare certification of providers participating in the | ||||||
| 20 | program and implement the Medicare face-to-face encounter | ||||||
| 21 | rule. The Department shall require providers to implement | ||||||
| 22 | auditable electronic service verification based on global | ||||||
| 23 | positioning systems or other cost-effective technology. | ||||||
| 24 | (g) For the Home Services Program operated by the | ||||||
| 25 | Department of Human Services and the Community Care Program | ||||||
| 26 | operated by the Department on Aging, the Department of Human | ||||||
| |||||||
| |||||||
| 1 | Services, in cooperation with the Department on Aging, shall | ||||||
| 2 | implement an electronic service verification based on global | ||||||
| 3 | positioning systems or other cost-effective technology. | ||||||
| 4 | (h) Effective with inpatient hospital admissions on or | ||||||
| 5 | after July 1, 2012, the Department shall reduce the payment for | ||||||
| 6 | a claim that indicates the occurrence of a provider-preventable | ||||||
| 7 | condition during the admission as specified by the Department | ||||||
| 8 | in rules. The Department shall not pay for services related to | ||||||
| 9 | an other provider-preventable condition. | ||||||
| 10 | As used in this subsection (h): | ||||||
| 11 | "Provider-preventable condition" means a health care | ||||||
| 12 | acquired condition as defined under the federal Medicaid | ||||||
| 13 | regulation found at 42 CFR 447.26 or an other | ||||||
| 14 | provider-preventable condition. | ||||||
| 15 | "Other provider-preventable condition" means a wrong | ||||||
| 16 | surgical or other invasive procedure performed on a patient, a | ||||||
| 17 | surgical or other invasive procedure performed on the wrong | ||||||
| 18 | body part, or a surgical procedure or other invasive procedure | ||||||
| 19 | performed on the wrong patient. | ||||||
| 20 | (i) The Department shall implement cost savings | ||||||
| 21 | initiatives for advanced imaging services, cardiac imaging | ||||||
| 22 | services, pain management services, and back surgery. Such | ||||||
| 23 | initiatives shall be designed to achieve annual costs savings.
| ||||||
| 24 | (j) The Department shall ensure that beneficiaries with a | ||||||
| 25 | diagnosis of epilepsy or seizure disorder in Department records | ||||||
| 26 | will not require prior approval for anticonvulsants. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-689, eff. 6-14-12; 98-104, Article 6, Section | ||||||
| 2 | 6-240, eff. 7-22-13; 98-104, Article 9, Section 9-5, eff. | ||||||
| 3 | 7-22-13; revised 9-19-13.)
| ||||||
| 4 | (305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5) | ||||||
| 5 | Sec. 5A-5. Notice; penalty; maintenance of records.
| ||||||
| 6 | (a)
The Illinois Department shall send a
notice of | ||||||
| 7 | assessment to every hospital provider subject
to assessment | ||||||
| 8 | under this Article. The notice of assessment shall notify the | ||||||
| 9 | hospital of its assessment and shall be sent after receipt by | ||||||
| 10 | the Department of notification from the Centers for Medicare | ||||||
| 11 | and Medicaid Services of the U.S. Department of Health and | ||||||
| 12 | Human Services that the payment methodologies required under | ||||||
| 13 | this Article and, if necessary, the waiver granted under 42 CFR | ||||||
| 14 | 433.68 have been approved. The notice
shall be on a form
| ||||||
| 15 | prepared by the Illinois Department and shall state the | ||||||
| 16 | following:
| ||||||
| 17 | (1) The name of the hospital provider.
| ||||||
| 18 | (2) The address of the hospital provider's principal | ||||||
| 19 | place
of business from which the provider engages in the | ||||||
| 20 | occupation of hospital
provider in this State, and the name | ||||||
| 21 | and address of each hospital
operated, conducted, or | ||||||
| 22 | maintained by the provider in this State.
| ||||||
| 23 | (3) The occupied bed days, occupied bed days less | ||||||
| 24 | Medicare days, adjusted gross hospital revenue, or | ||||||
| 25 | outpatient gross revenue of the
hospital
provider | ||||||
| |||||||
| |||||||
| 1 | (whichever is applicable), the amount of
assessment | ||||||
| 2 | imposed under Section 5A-2 for the State fiscal year
for | ||||||
| 3 | which the notice is sent, and the amount of
each
| ||||||
| 4 | installment to be paid during the State fiscal year.
| ||||||
| 5 | (4) (Blank).
| ||||||
| 6 | (5) Other reasonable information as determined by the | ||||||
| 7 | Illinois
Department.
| ||||||
| 8 | (b) If a hospital provider conducts, operates, or
maintains | ||||||
| 9 | more than one hospital licensed by the Illinois
Department of | ||||||
| 10 | Public Health, the provider shall pay the
assessment for each | ||||||
| 11 | hospital separately.
| ||||||
| 12 | (c) Notwithstanding any other provision in this Article, in
| ||||||
| 13 | the case of a person who ceases to conduct, operate, or | ||||||
| 14 | maintain a
hospital in respect of which the person is subject | ||||||
| 15 | to assessment
under this Article as a hospital provider, the | ||||||
| 16 | assessment for the State
fiscal year in which the cessation | ||||||
| 17 | occurs shall be adjusted by
multiplying the assessment computed | ||||||
| 18 | under Section 5A-2 by a
fraction, the numerator of which is the | ||||||
| 19 | number of days in the
year during which the provider conducts, | ||||||
| 20 | operates, or maintains
the hospital and the denominator of | ||||||
| 21 | which is 365. Immediately
upon ceasing to conduct, operate, or | ||||||
| 22 | maintain a hospital, the person
shall pay the assessment
for | ||||||
| 23 | the year as so adjusted (to the extent not previously paid).
| ||||||
| 24 | (d) Notwithstanding any other provision in this Article, a
| ||||||
| 25 | provider who commences conducting, operating, or maintaining a
| ||||||
| 26 | hospital, upon notice by the Illinois Department,
shall pay the | ||||||
| |||||||
| |||||||
| 1 | assessment computed under Section 5A-2 and
subsection (e) in | ||||||
| 2 | installments on the due dates stated in the
notice and on the | ||||||
| 3 | regular installment due dates for the State
fiscal year | ||||||
| 4 | occurring after the due dates of the initial
notice.
| ||||||
| 5 | (e)
Notwithstanding any other provision in this Article, | ||||||
| 6 | for State fiscal years 2009 through 2015 2014, in the case of a | ||||||
| 7 | hospital provider that did not conduct, operate, or maintain a | ||||||
| 8 | hospital in 2005, the assessment for that State fiscal year | ||||||
| 9 | shall be computed on the basis of hypothetical occupied bed | ||||||
| 10 | days for the full calendar year as determined by the Illinois | ||||||
| 11 | Department. Notwithstanding any other provision in this | ||||||
| 12 | Article, for the portion of State fiscal year 2012 beginning | ||||||
| 13 | June 10, 2012 through June 30, 2012, and for State fiscal years | ||||||
| 14 | 2013 through 2014, and for July 1, 2014 through December 31, | ||||||
| 15 | 2014, in the case of a hospital provider that did not conduct, | ||||||
| 16 | operate, or maintain a hospital in 2009, the assessment under | ||||||
| 17 | subsection (b-5) of Section 5A-2 for that State fiscal year | ||||||
| 18 | shall be computed on the basis of hypothetical gross outpatient | ||||||
| 19 | revenue for the full calendar year as determined by the | ||||||
| 20 | Illinois Department.
| ||||||
| 21 | (f) Every hospital provider subject to assessment under | ||||||
| 22 | this Article shall keep sufficient records to permit the | ||||||
| 23 | determination of adjusted gross hospital revenue for the | ||||||
| 24 | hospital's fiscal year. All such records shall be kept in the | ||||||
| 25 | English language and shall, at all times during regular | ||||||
| 26 | business hours of the day, be subject to inspection by the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department or its duly authorized agents and | ||||||
| 2 | employees.
| ||||||
| 3 | (g) The Illinois Department may, by rule, provide a | ||||||
| 4 | hospital provider a reasonable opportunity to request a | ||||||
| 5 | clarification or correction of any clerical or computational | ||||||
| 6 | errors contained in the calculation of its assessment, but such | ||||||
| 7 | corrections shall not extend to updating the cost report | ||||||
| 8 | information used to calculate the assessment.
| ||||||
| 9 | (h) (Blank).
| ||||||
| 10 | (Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12; | ||||||
| 11 | 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; revised 10-21-13.)
| ||||||
| 12 | (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| ||||||
| 13 | Sec. 5A-8. Hospital Provider Fund.
| ||||||
| 14 | (a) There is created in the State Treasury the Hospital | ||||||
| 15 | Provider Fund.
Interest earned by the Fund shall be credited to | ||||||
| 16 | the Fund. The
Fund shall not be used to replace any moneys | ||||||
| 17 | appropriated to the
Medicaid program by the General Assembly.
| ||||||
| 18 | (b) The Fund is created for the purpose of receiving moneys
| ||||||
| 19 | in accordance with Section 5A-6 and disbursing moneys only for | ||||||
| 20 | the following
purposes, notwithstanding any other provision of | ||||||
| 21 | law:
| ||||||
| 22 | (1) For making payments to hospitals as required under | ||||||
| 23 | this Code, under the Children's Health Insurance Program | ||||||
| 24 | Act, under the Covering ALL KIDS Health Insurance Act, and | ||||||
| 25 | under the Long Term Acute Care Hospital Quality Improvement | ||||||
| |||||||
| |||||||
| 1 | Transfer Program Act.
| ||||||
| 2 | (2) For the reimbursement of moneys collected by the
| ||||||
| 3 | Illinois Department from hospitals or hospital providers | ||||||
| 4 | through error or
mistake in performing the
activities | ||||||
| 5 | authorized under this Code.
| ||||||
| 6 | (3) For payment of administrative expenses incurred by | ||||||
| 7 | the
Illinois Department or its agent in performing | ||||||
| 8 | activities
under this Code, under the Children's Health | ||||||
| 9 | Insurance Program Act, under the Covering ALL KIDS Health | ||||||
| 10 | Insurance Act, and under the Long Term Acute Care Hospital | ||||||
| 11 | Quality Improvement Transfer Program Act.
| ||||||
| 12 | (4) For payments of any amounts which are reimbursable | ||||||
| 13 | to
the federal government for payments from this Fund which | ||||||
| 14 | are
required to be paid by State warrant.
| ||||||
| 15 | (5) For making transfers, as those transfers are | ||||||
| 16 | authorized
in the proceedings authorizing debt under the | ||||||
| 17 | Short Term Borrowing Act,
but transfers made under this | ||||||
| 18 | paragraph (5) shall not exceed the
principal amount of debt | ||||||
| 19 | issued in anticipation of the receipt by
the State of | ||||||
| 20 | moneys to be deposited into the Fund.
| ||||||
| 21 | (6) For making transfers to any other fund in the State | ||||||
| 22 | treasury, but
transfers made under this paragraph (6) shall | ||||||
| 23 | not exceed the amount transferred
previously from that | ||||||
| 24 | other fund into the Hospital Provider Fund plus any | ||||||
| 25 | interest that would have been earned by that fund on the | ||||||
| 26 | monies that had been transferred.
| ||||||
| |||||||
| |||||||
| 1 | (6.5) For making transfers to the Healthcare Provider | ||||||
| 2 | Relief Fund, except that transfers made under this | ||||||
| 3 | paragraph (6.5) shall not exceed $60,000,000 in the | ||||||
| 4 | aggregate. | ||||||
| 5 | (7) For making transfers not exceeding the following | ||||||
| 6 | amounts, in State fiscal years 2013 and 2014 in each State | ||||||
| 7 | fiscal year during which an assessment is imposed pursuant | ||||||
| 8 | to Section 5A-2, to the following designated funds: | ||||||
| 9 | Health and Human Services Medicaid Trust | ||||||
| 10 | Fund..............................$20,000,000 | ||||||
| 11 | Long-Term Care Provider Fund..........$30,000,000 | ||||||
| 12 | General Revenue Fund.................$80,000,000. | ||||||
| 13 | Transfers under this paragraph shall be made within 7 days | ||||||
| 14 | after the payments have been received pursuant to the | ||||||
| 15 | schedule of payments provided in subsection (a) of Section | ||||||
| 16 | 5A-4. | ||||||
| 17 | (7.1) For making transfers not exceeding the following | ||||||
| 18 | amounts, in State fiscal year 2015, to the following | ||||||
| 19 | designated funds: | ||||||
| 20 | Health and Human Services Medicaid Trust | ||||||
| 21 | Fund..............................$10,000,000 | ||||||
| 22 | Long-Term Care Provider Fund..........$15,000,000 | ||||||
| 23 | General Revenue Fund.................$40,000,000. | ||||||
| 24 | Transfers under this paragraph shall be made within 7 days | ||||||
| 25 | after the payments have been received pursuant to the | ||||||
| 26 | schedule of payments provided in subsection (a) of Section | ||||||
| |||||||
| |||||||
| 1 | 5A-4.
| ||||||
| 2 | (7.5) (Blank). | ||||||
| 3 | (7.8) (Blank). | ||||||
| 4 | (7.9) (Blank). | ||||||
| 5 | (7.10) For State fiscal years 2013 and 2014, for making | ||||||
| 6 | transfers of the moneys resulting from the assessment under | ||||||
| 7 | subsection (b-5) of Section 5A-2 and received from hospital | ||||||
| 8 | providers under Section 5A-4 and transferred into the | ||||||
| 9 | Hospital Provider Fund under Section 5A-6 to the designated | ||||||
| 10 | funds not exceeding the following amounts in that State | ||||||
| 11 | fiscal year: | ||||||
| 12 | Health Care Provider Relief Fund......$50,000,000 | ||||||
| 13 | Transfers under this paragraph shall be made within 7 | ||||||
| 14 | days after the payments have been received pursuant to the | ||||||
| 15 | schedule of payments provided in subsection (a) of Section | ||||||
| 16 | 5A-4. | ||||||
| 17 | (7.11) For State fiscal year 2015, for making transfers | ||||||
| 18 | of the moneys resulting from the assessment under | ||||||
| 19 | subsection (b-5) of Section 5A-2 and received from hospital | ||||||
| 20 | providers under Section 5A-4 and transferred into the | ||||||
| 21 | Hospital Provider Fund under Section 5A-6 to the designated | ||||||
| 22 | funds not exceeding the following amounts in that State | ||||||
| 23 | fiscal year: | ||||||
| 24 | Health Care Provider Relief Fund.....$25,000,000 | ||||||
| 25 | Transfers under this paragraph shall be made within 7 | ||||||
| 26 | days after the payments have been received pursuant to the | ||||||
| |||||||
| |||||||
| 1 | schedule of payments provided in subsection (a) of Section | ||||||
| 2 | 5A-4. | ||||||
| 3 | (7.12) For State fiscal year 2013, for increasing by | ||||||
| 4 | 21/365ths the transfer of the moneys resulting from the | ||||||
| 5 | assessment under subsection (b-5) of Section 5A-2 and | ||||||
| 6 | received from hospital providers under Section 5A-4 for the | ||||||
| 7 | portion of State fiscal year 2012 beginning June 10, 2012 | ||||||
| 8 | through June 30, 2012 and transferred into the Hospital | ||||||
| 9 | Provider Fund under Section 5A-6 to the designated funds | ||||||
| 10 | not exceeding the following amounts in that State fiscal | ||||||
| 11 | year: | ||||||
| 12 | Health Care Provider Relief Fund......$2,870,000 | ||||||
| 13 | (8) For making refunds to hospital providers pursuant | ||||||
| 14 | to Section 5A-10.
| ||||||
| 15 | Disbursements from the Fund, other than transfers | ||||||
| 16 | authorized under
paragraphs (5) and (6) of this subsection, | ||||||
| 17 | shall be by
warrants drawn by the State Comptroller upon | ||||||
| 18 | receipt of vouchers
duly executed and certified by the Illinois | ||||||
| 19 | Department.
| ||||||
| 20 | (c) The Fund shall consist of the following:
| ||||||
| 21 | (1) All moneys collected or received by the Illinois
| ||||||
| 22 | Department from the hospital provider assessment imposed | ||||||
| 23 | by this
Article.
| ||||||
| 24 | (2) All federal matching funds received by the Illinois
| ||||||
| 25 | Department as a result of expenditures made by the Illinois
| ||||||
| 26 | Department that are attributable to moneys deposited in the | ||||||
| |||||||
| |||||||
| 1 | Fund.
| ||||||
| 2 | (3) Any interest or penalty levied in conjunction with | ||||||
| 3 | the
administration of this Article.
| ||||||
| 4 | (4) Moneys transferred from another fund in the State | ||||||
| 5 | treasury.
| ||||||
| 6 | (5) All other moneys received for the Fund from any | ||||||
| 7 | other
source, including interest earned thereon.
| ||||||
| 8 | (d) (Blank).
| ||||||
| 9 | (Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12; | ||||||
| 10 | 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; revised 10-21-13.)
| ||||||
| 11 | (305 ILCS 5/5A-12.4) | ||||||
| 12 | (Section scheduled to be repealed on January 1, 2015) | ||||||
| 13 | Sec. 5A-12.4. Hospital access improvement payments on or | ||||||
| 14 | after June 10, 2012. | ||||||
| 15 | (a) Hospital access improvement payments. To preserve and | ||||||
| 16 | improve access to hospital services, for hospital and physician | ||||||
| 17 | services rendered on or after June 10, 2012, the Illinois | ||||||
| 18 | Department shall, except for hospitals described in subsection | ||||||
| 19 | (b) of Section 5A-3, make payments to hospitals as set forth in | ||||||
| 20 | this Section. These payments shall be paid in 12 equal | ||||||
| 21 | installments on or before the 7th State business day of each | ||||||
| 22 | month, except that no payment shall be due within 100 days | ||||||
| 23 | after the later of the date of notification of federal approval | ||||||
| 24 | of the payment methodologies required under this Section or any | ||||||
| 25 | waiver required under 42 CFR 433.68, at which time the sum of | ||||||
| |||||||
| |||||||
| 1 | amounts required under this Section prior to the date of | ||||||
| 2 | notification is due and payable. Payments under this Section | ||||||
| 3 | are not due and payable, however, until (i) the methodologies | ||||||
| 4 | described in this Section are approved by the federal | ||||||
| 5 | government in an appropriate State Plan amendment and (ii) the | ||||||
| 6 | assessment imposed under subsection (b-5) of Section 5A-2 of | ||||||
| 7 | this Article is determined to be a permissible tax under Title | ||||||
| 8 | XIX of the Social Security Act. The Illinois Department shall | ||||||
| 9 | take all actions necessary to implement the payments under this | ||||||
| 10 | Section effective June 10, 2012, including but not limited to | ||||||
| 11 | providing public notice pursuant to federal requirements, the | ||||||
| 12 | filing of a State Plan amendment, and the adoption of | ||||||
| 13 | administrative rules. For State fiscal year 2013, payments | ||||||
| 14 | under this Section shall be increased by 21/365ths. The funding | ||||||
| 15 | source for these additional payments shall be from the | ||||||
| 16 | increased assessment under subsection (b-5) of Section 5A-2 | ||||||
| 17 | that was received from hospital providers under Section 5A-4 | ||||||
| 18 | for the portion of State fiscal year 2012 beginning June 10, | ||||||
| 19 | 2012 through June 30, 2012. | ||||||
| 20 | (a-5) Accelerated schedule. The Illinois Department may, | ||||||
| 21 | when practicable, accelerate the schedule upon which payments | ||||||
| 22 | authorized under this Section are made. | ||||||
| 23 | (b) Magnet and perinatal hospital adjustment. In addition | ||||||
| 24 | to rates paid for inpatient hospital services, the Department | ||||||
| 25 | shall pay to each Illinois general acute care hospital that, as | ||||||
| 26 | of August 25, 2011, was recognized as a Magnet hospital by the | ||||||
| |||||||
| |||||||
| 1 | American Nurses Credentialing Center and that, as of September | ||||||
| 2 | 14, 2011, was designated as a level III perinatal center | ||||||
| 3 | amounts as follows: | ||||||
| 4 | (1) For hospitals with a case mix index equal to or | ||||||
| 5 | greater than the 80th percentile of case mix indices for | ||||||
| 6 | all Illinois hospitals, $470 for each Medicaid general | ||||||
| 7 | acute care inpatient day of care provided by the hospital | ||||||
| 8 | during State fiscal year 2009. | ||||||
| 9 | (2) For all other hospitals, $170 for each Medicaid | ||||||
| 10 | general acute care inpatient day of care provided by the | ||||||
| 11 | hospital during State fiscal year 2009. | ||||||
| 12 | (c) Trauma level II adjustment. In addition to rates paid | ||||||
| 13 | for inpatient hospital services, the Department shall pay to | ||||||
| 14 | each Illinois general acute care hospital that, as of July 1, | ||||||
| 15 | 2011, was designated as a level II trauma center amounts as | ||||||
| 16 | follows: | ||||||
| 17 | (1) For hospitals with a case mix index equal to or | ||||||
| 18 | greater than the 50th percentile of case mix indices for | ||||||
| 19 | all Illinois hospitals, $470 for each Medicaid general | ||||||
| 20 | acute care inpatient day of care provided by the hospital | ||||||
| 21 | during State fiscal year 2009. | ||||||
| 22 | (2) For all other hospitals, $170 for each Medicaid | ||||||
| 23 | general acute care inpatient day of care provided by the | ||||||
| 24 | hospital during State fiscal year 2009. | ||||||
| 25 | (3) For the purposes of this adjustment, hospitals | ||||||
| 26 | located in the same city that alternate their trauma center | ||||||
| |||||||
| |||||||
| 1 | designation as defined in 89 Ill. Adm. Code 148.295(a)(2) | ||||||
| 2 | shall have the adjustment provided under this Section | ||||||
| 3 | divided between the 2 hospitals. | ||||||
| 4 | (d) Dual-eligible adjustment. In addition to rates paid for | ||||||
| 5 | inpatient services, the Department shall pay each Illinois | ||||||
| 6 | general acute care hospital that had a ratio of crossover days | ||||||
| 7 | to total inpatient days for programs under Title XIX of the | ||||||
| 8 | Social Security Act administered by the Department (utilizing | ||||||
| 9 | information from 2009 paid claims) greater than 50%, and a case | ||||||
| 10 | mix index equal to or greater than the 75th percentile of case | ||||||
| 11 | mix indices for all Illinois hospitals, a rate of $400 for each | ||||||
| 12 | Medicaid inpatient day during State fiscal year 2009 including | ||||||
| 13 | crossover days. | ||||||
| 14 | (e) Medicaid volume adjustment. In addition to rates paid | ||||||
| 15 | for inpatient hospital services, the Department shall pay to | ||||||
| 16 | each Illinois general acute care hospital that provided more | ||||||
| 17 | than 10,000 Medicaid inpatient days of care in State fiscal | ||||||
| 18 | year 2009, has a Medicaid inpatient utilization rate of at | ||||||
| 19 | least 29.05% as calculated by the Department for the Rate Year | ||||||
| 20 | 2011 Disproportionate Share determination, and is not eligible | ||||||
| 21 | for Medicaid Percentage Adjustment payments in rate year 2011 | ||||||
| 22 | an amount equal to $135 for each Medicaid inpatient day of care | ||||||
| 23 | provided during State fiscal year 2009. | ||||||
| 24 | (f) Outpatient service adjustment. In addition to the rates | ||||||
| 25 | paid for outpatient hospital services, the Department shall pay | ||||||
| 26 | each Illinois hospital an amount at least equal to $100 | ||||||
| |||||||
| |||||||
| 1 | multiplied by the hospital's outpatient ambulatory procedure | ||||||
| 2 | listing services (excluding categories 3B and 3C) and by the | ||||||
| 3 | hospital's end stage renal disease treatment services provided | ||||||
| 4 | for State fiscal year 2009. | ||||||
| 5 | (g) Ambulatory service adjustment. | ||||||
| 6 | (1) In addition to the rates paid for outpatient | ||||||
| 7 | hospital services provided in the emergency department, | ||||||
| 8 | the Department shall pay each Illinois hospital an amount | ||||||
| 9 | equal to $105 multiplied by the hospital's outpatient | ||||||
| 10 | ambulatory procedure listing services for categories 3A, | ||||||
| 11 | 3B, and 3C for State fiscal year 2009. | ||||||
| 12 | (2) In addition to the rates paid for outpatient | ||||||
| 13 | hospital services, the Department shall pay each Illinois | ||||||
| 14 | freestanding psychiatric hospital an amount equal to $200 | ||||||
| 15 | multiplied by the hospital's ambulatory procedure listing | ||||||
| 16 | services for category 5A for State fiscal year 2009. | ||||||
| 17 | (h) Specialty hospital adjustment. In addition to the rates | ||||||
| 18 | paid for outpatient hospital services, the Department shall pay | ||||||
| 19 | each Illinois long term acute care hospital and each Illinois | ||||||
| 20 | hospital devoted exclusively to the treatment of cancer, an | ||||||
| 21 | amount equal to $700 multiplied by the hospital's outpatient | ||||||
| 22 | ambulatory procedure listing services and by the hospital's end | ||||||
| 23 | stage renal disease treatment services (including services | ||||||
| 24 | provided to individuals eligible for both Medicaid and | ||||||
| 25 | Medicare) provided for State fiscal year 2009. | ||||||
| 26 | (h-1) ER Safety Net Payments. In addition to rates paid for | ||||||
| |||||||
| |||||||
| 1 | outpatient services, the Department shall pay to each Illinois | ||||||
| 2 | general acute care hospital with an emergency room ratio equal | ||||||
| 3 | to or greater than 55%, that is not eligible for Medicaid | ||||||
| 4 | percentage adjustments payments in rate year 2011, with a case | ||||||
| 5 | mix index equal to or greater than the 20th percentile, and | ||||||
| 6 | that is not designated as a trauma center by the Illinois | ||||||
| 7 | Department of Public Health on July 1, 2011, as follows: | ||||||
| 8 | (1) Each hospital with an emergency room ratio equal to | ||||||
| 9 | or greater than 74% shall receive a rate of $225 for each | ||||||
| 10 | outpatient ambulatory procedure listing and end-stage | ||||||
| 11 | renal disease treatment service provided for State fiscal | ||||||
| 12 | year 2009. | ||||||
| 13 | (2) For all other hospitals, $65 shall be paid for each | ||||||
| 14 | outpatient ambulatory procedure listing and end-stage | ||||||
| 15 | renal disease treatment service provided for State fiscal | ||||||
| 16 | year 2009. | ||||||
| 17 | (i) Physician supplemental adjustment. In addition to the | ||||||
| 18 | rates paid for physician services, the Department shall make an | ||||||
| 19 | adjustment payment for services provided by physicians as | ||||||
| 20 | follows: | ||||||
| 21 | (1) Physician services eligible for the adjustment | ||||||
| 22 | payment are those provided by physicians employed by or who | ||||||
| 23 | have a contract to provide services to patients of the | ||||||
| 24 | following hospitals: (i) Illinois general acute care | ||||||
| 25 | hospitals that provided at least 17,000 Medicaid inpatient | ||||||
| 26 | days of care in State fiscal year 2009 and are eligible for | ||||||
| |||||||
| |||||||
| 1 | Medicaid Percentage Adjustment Payments in rate year 2011; | ||||||
| 2 | and (ii) Illinois freestanding children's hospitals, as | ||||||
| 3 | defined in 89 Ill. Adm. Code 149.50(c)(3)(A). | ||||||
| 4 | (2) The amount of the adjustment for each eligible | ||||||
| 5 | hospital under this subsection (i) shall be determined by | ||||||
| 6 | rule by the Department to spend a total pool of at least | ||||||
| 7 | $6,960,000 annually. This pool shall be allocated among the | ||||||
| 8 | eligible hospitals based on the difference between the | ||||||
| 9 | upper payment limit for what could have been paid under | ||||||
| 10 | Medicaid for physician services provided during State | ||||||
| 11 | fiscal year 2009 by physicians employed by or who had a | ||||||
| 12 | contract with the hospital and the amount that was paid | ||||||
| 13 | under Medicaid for such services, provided however, that in | ||||||
| 14 | no event shall physicians at any individual hospital | ||||||
| 15 | collectively receive an annual, aggregate adjustment in | ||||||
| 16 | excess of $435,000, except that any amount that is not | ||||||
| 17 | distributed to a hospital because of the upper payment | ||||||
| 18 | limit shall be reallocated among the remaining eligible | ||||||
| 19 | hospitals that are below the upper payment limitation, on a | ||||||
| 20 | proportionate basis. | ||||||
| 21 | (i-5) For any children's hospital which did not charge for | ||||||
| 22 | its services during the base period, the Department shall use | ||||||
| 23 | data supplied by the hospital to determine payments using | ||||||
| 24 | similar methodologies for freestanding children's hospitals | ||||||
| 25 | under this Section or Section 5A-12.2. | ||||||
| 26 | (j) For purposes of this Section, a hospital that is | ||||||
| |||||||
| |||||||
| 1 | enrolled to provide Medicaid services during State fiscal year | ||||||
| 2 | 2009 shall have its utilization and associated reimbursements | ||||||
| 3 | annualized prior to the payment calculations being performed | ||||||
| 4 | under this Section. | ||||||
| 5 | (k) For purposes of this Section, the terms "Medicaid | ||||||
| 6 | days", "ambulatory procedure listing services", and | ||||||
| 7 | "ambulatory procedure listing payments" do not include any | ||||||
| 8 | days, charges, or services for which Medicare or a managed care | ||||||
| 9 | organization reimbursed on a capitated basis was liable for | ||||||
| 10 | payment, except where explicitly stated otherwise in this | ||||||
| 11 | Section. | ||||||
| 12 | (l) Definitions. Unless the context requires otherwise or | ||||||
| 13 | unless provided otherwise in this Section, the terms used in | ||||||
| 14 | this Section for qualifying criteria and payment calculations | ||||||
| 15 | shall have the same meanings as those terms have been given in | ||||||
| 16 | the Illinois Department's administrative rules as in effect on | ||||||
| 17 | October 1, 2011. Other terms shall be defined by the Illinois | ||||||
| 18 | Department by rule. | ||||||
| 19 | As used in this Section, unless the context requires | ||||||
| 20 | otherwise: | ||||||
| 21 | "Case mix index" means, for a given hospital, the sum of
| ||||||
| 22 | the per admission (DRG) relative weighting factors in effect on | ||||||
| 23 | January 1, 2005, for all general acute care admissions for | ||||||
| 24 | State fiscal year 2009, excluding Medicare crossover | ||||||
| 25 | admissions and transplant admissions reimbursed under 89 Ill. | ||||||
| 26 | Adm. Code 148.82, divided by the total number of general acute | ||||||
| |||||||
| |||||||
| 1 | care admissions for State fiscal year 2009, excluding Medicare | ||||||
| 2 | crossover admissions and transplant admissions reimbursed | ||||||
| 3 | under 89 Ill. Adm. Code 148.82. | ||||||
| 4 | "Emergency room ratio" means, for a given hospital, a | ||||||
| 5 | fraction, the denominator of which is the number of the | ||||||
| 6 | hospital's outpatient ambulatory procedure listing and | ||||||
| 7 | end-stage renal disease treatment services provided for State | ||||||
| 8 | fiscal year 2009 and the numerator of which is the hospital's | ||||||
| 9 | outpatient ambulatory procedure listing services for | ||||||
| 10 | categories 3A, 3B, and 3C for State fiscal year 2009. | ||||||
| 11 | "Medicaid inpatient day" means, for a given hospital, the
| ||||||
| 12 | sum of days of inpatient hospital days provided to recipients | ||||||
| 13 | of medical assistance under Title XIX of the federal Social | ||||||
| 14 | Security Act, excluding days for individuals eligible for | ||||||
| 15 | Medicare under Title XVIII of that Act (Medicaid/Medicare | ||||||
| 16 | crossover days), as tabulated from the Department's paid claims | ||||||
| 17 | data for admissions occurring during State fiscal year 2009 | ||||||
| 18 | that was adjudicated by the Department through June 30, 2010. | ||||||
| 19 | "Outpatient ambulatory procedure listing services" means, | ||||||
| 20 | for a given hospital, ambulatory procedure listing services, as | ||||||
| 21 | described in 89 Ill. Adm. Code 148.140(b), provided to | ||||||
| 22 | recipients of medical assistance under Title XIX of the federal | ||||||
| 23 | Social Security Act, excluding services for individuals | ||||||
| 24 | eligible for Medicare under Title XVIII of the Act | ||||||
| 25 | (Medicaid/Medicare crossover days), as tabulated from the | ||||||
| 26 | Department's paid claims data for services occurring in State | ||||||
| |||||||
| |||||||
| 1 | fiscal year 2009 that were adjudicated by the Department | ||||||
| 2 | through September 2, 2010. | ||||||
| 3 | "Outpatient end-stage renal disease treatment services" | ||||||
| 4 | means, for a given hospital, the services, as described in 89 | ||||||
| 5 | Ill. Adm. Code 148.140(c), provided to recipients of medical | ||||||
| 6 | assistance under Title XIX of the federal Social Security Act, | ||||||
| 7 | excluding payments for individuals eligible for Medicare under | ||||||
| 8 | Title XVIII of the Act (Medicaid/Medicare crossover days), as | ||||||
| 9 | tabulated from the Department's paid claims data for services | ||||||
| 10 | occurring in State fiscal year 2009 that were adjudicated by | ||||||
| 11 | the Department through September 2, 2010. | ||||||
| 12 | (m) The Department may adjust payments made under this | ||||||
| 13 | Section 5A-12.4 to comply with federal law or regulations | ||||||
| 14 | regarding hospital-specific payment limitations on | ||||||
| 15 | government-owned or government-operated hospitals. | ||||||
| 16 | (n) Notwithstanding any of the other provisions of this | ||||||
| 17 | Section, the Department is authorized to adopt rules that | ||||||
| 18 | change the hospital access improvement payments specified in | ||||||
| 19 | this Section, but only to the extent necessary to conform to | ||||||
| 20 | any federally approved amendment to the Title XIX State plan. | ||||||
| 21 | Any such rules shall be adopted by the Department as authorized | ||||||
| 22 | by Section 5-50 of the Illinois Administrative Procedure Act. | ||||||
| 23 | Notwithstanding any other provision of law, any changes | ||||||
| 24 | implemented as a result of this subsection (n) shall be given | ||||||
| 25 | retroactive effect so that they shall be deemed to have taken | ||||||
| 26 | effect as of the effective date of this Section. | ||||||
| |||||||
| |||||||
| 1 | (o) The Department of Healthcare and Family Services must | ||||||
| 2 | submit a State Medicaid Plan Amendment to the Centers for | ||||||
| 3 | Medicare and Medicaid Services to implement the payments under | ||||||
| 4 | this Section June 14, 2012 (Public Act 97-688).
| ||||||
| 5 | (Source: P.A. 97-688, eff. 6-14-12; 98-104, eff. 7-22-13; | ||||||
| 6 | 98-463, eff. 8-16-13; revised 10-21-13.)
| ||||||
| 7 | (305 ILCS 5/11-5.2) | ||||||
| 8 | Sec. 11-5.2. Income, Residency, and Identity Verification | ||||||
| 9 | System. | ||||||
| 10 | (a) The Department shall ensure that its proposed | ||||||
| 11 | integrated eligibility system shall include the computerized | ||||||
| 12 | functions of income, residency, and identity eligibility | ||||||
| 13 | verification to verify eligibility, eliminate duplication of | ||||||
| 14 | medical assistance, and deter fraud. Until the integrated | ||||||
| 15 | eligibility system is operational, the Department may enter | ||||||
| 16 | into a contract with the vendor selected pursuant to Section | ||||||
| 17 | 11-5.3 as necessary to obtain the electronic data matching | ||||||
| 18 | described in this Section. This contract shall be exempt from | ||||||
| 19 | the Illinois Procurement Code pursuant to subsection (h) of | ||||||
| 20 | Section 1-10 of that Code. | ||||||
| 21 | (b) Prior to awarding medical assistance at application | ||||||
| 22 | under Article V of this Code, the Department shall, to the | ||||||
| 23 | extent such databases are available to the Department, conduct | ||||||
| 24 | data matches using the name, date of birth, address, and Social | ||||||
| 25 | Security Number of each applicant or recipient or responsible | ||||||
| |||||||
| |||||||
| 1 | relative of an applicant or recipient against the following: | ||||||
| 2 | (1) Income tax information. | ||||||
| 3 | (2) Employer reports of income and unemployment | ||||||
| 4 | insurance payment information maintained by the Department | ||||||
| 5 | of Employment Security. | ||||||
| 6 | (3) Earned and unearned income, citizenship and death, | ||||||
| 7 | and other relevant information maintained by the Social | ||||||
| 8 | Security Administration. | ||||||
| 9 | (4) Immigration status information maintained by the | ||||||
| 10 | United States Citizenship and Immigration Services. | ||||||
| 11 | (5) Wage reporting and similar information maintained | ||||||
| 12 | by states contiguous to this State. | ||||||
| 13 | (6) Employment information maintained by the | ||||||
| 14 | Department of Employment Security in its New Hire Directory | ||||||
| 15 | database. | ||||||
| 16 | (7) Employment information maintained by the United | ||||||
| 17 | States Department of Health and Human Services in its | ||||||
| 18 | National Directory of New Hires database. | ||||||
| 19 | (8) Veterans' benefits information maintained by the | ||||||
| 20 | United States Department of Health and Human Services, in | ||||||
| 21 | coordination with the Department of Health and Human | ||||||
| 22 | Services and the Department of Veterans' Affairs, in the | ||||||
| 23 | federal Public Assistance Reporting Information System | ||||||
| 24 | (PARIS) database. | ||||||
| 25 | (9) Residency information maintained by the Illinois | ||||||
| 26 | Secretary of State. | ||||||
| |||||||
| |||||||
| 1 | (10) A database which is substantially similar to or a | ||||||
| 2 | successor of a database described in this Section that | ||||||
| 3 | contains information relevant for verifying eligibility | ||||||
| 4 | for medical assistance. | ||||||
| 5 | (c) (Blank). | ||||||
| 6 | (d) If a discrepancy results between information provided | ||||||
| 7 | by an applicant, recipient, or responsible relative and | ||||||
| 8 | information contained in one or more of the databases or | ||||||
| 9 | information tools listed under subsection (b) or (c) of this | ||||||
| 10 | Section or subsection (c) of Section 11-5.3 and that | ||||||
| 11 | discrepancy calls into question the accuracy of information | ||||||
| 12 | relevant to a condition of eligibility provided by the | ||||||
| 13 | applicant, recipient, or responsible relative, the Department | ||||||
| 14 | or its contractor shall review the applicant's or recipient's | ||||||
| 15 | case using the following procedures: | ||||||
| 16 | (1) If the information discovered under subsection (b) | ||||||
| 17 | (c) of this Section or subsection (c) of Section 11-5.3 | ||||||
| 18 | does not result in the Department finding the applicant or | ||||||
| 19 | recipient ineligible for assistance under Article V of this | ||||||
| 20 | Code, the Department shall finalize the determination or | ||||||
| 21 | redetermination of eligibility. | ||||||
| 22 | (2) If the information discovered results in the | ||||||
| 23 | Department finding the applicant or recipient ineligible | ||||||
| 24 | for assistance, the Department shall provide notice as set | ||||||
| 25 | forth in Section 11-7 of this Article. | ||||||
| 26 | (3) If the information discovered is insufficient to | ||||||
| |||||||
| |||||||
| 1 | determine that the applicant or recipient is eligible or | ||||||
| 2 | ineligible, the Department shall provide written notice to | ||||||
| 3 | the applicant or recipient which shall describe in | ||||||
| 4 | sufficient detail the circumstances of the discrepancy, | ||||||
| 5 | the information or documentation required, the manner in | ||||||
| 6 | which the applicant or recipient may respond, and the | ||||||
| 7 | consequences of failing to take action. The applicant or | ||||||
| 8 | recipient shall have 10 business days to respond. | ||||||
| 9 | (4) If the applicant or recipient does not respond to | ||||||
| 10 | the notice, the Department shall deny assistance for | ||||||
| 11 | failure to cooperate, in which case the Department shall | ||||||
| 12 | provide notice as set forth in Section 11-7. Eligibility | ||||||
| 13 | for assistance shall not be established until the | ||||||
| 14 | discrepancy has been resolved. | ||||||
| 15 | (5) If an applicant or recipient responds to the | ||||||
| 16 | notice, the Department shall determine the effect of the | ||||||
| 17 | information or documentation provided on the applicant's | ||||||
| 18 | or recipient's case and shall take appropriate action. | ||||||
| 19 | Written notice of the Department's action shall be provided | ||||||
| 20 | as set forth in Section 11-7 of this Article. | ||||||
| 21 | (6) Suspected cases of fraud shall be referred to the | ||||||
| 22 | Department's Inspector General. | ||||||
| 23 | (e) The Department shall adopt any rules necessary to | ||||||
| 24 | implement this Section.
| ||||||
| 25 | (Source: P.A. 97-689, eff. 6-14-12; revised 11-12-13.)
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
| ||||||
| 2 | Sec. 12-4.25. Medical assistance program; vendor | ||||||
| 3 | participation.
| ||||||
| 4 | (A) The Illinois Department may deny, suspend, or
terminate | ||||||
| 5 | the eligibility of any person, firm, corporation, association,
| ||||||
| 6 | agency, institution or other legal entity to participate as a | ||||||
| 7 | vendor of
goods or services to recipients under the medical | ||||||
| 8 | assistance program
under Article V, or may exclude any such
| ||||||
| 9 | person or entity from participation as such a vendor, and may
| ||||||
| 10 | deny, suspend, or recover payments, if after reasonable notice | ||||||
| 11 | and opportunity for a
hearing the Illinois Department finds:
| ||||||
| 12 | (a) Such vendor is not complying with the Department's | ||||||
| 13 | policy or
rules and regulations, or with the terms and | ||||||
| 14 | conditions prescribed by
the Illinois Department in its | ||||||
| 15 | vendor agreement, which document shall be
developed by the | ||||||
| 16 | Department as a result of negotiations with each vendor
| ||||||
| 17 | category, including physicians, hospitals, long term care | ||||||
| 18 | facilities,
pharmacists, optometrists, podiatric | ||||||
| 19 | physicians, and dentists setting forth the
terms and | ||||||
| 20 | conditions applicable to the participation of each vendor
| ||||||
| 21 | group in the program; or
| ||||||
| 22 | (b) Such vendor has failed to keep or make available | ||||||
| 23 | for inspection,
audit or copying, after receiving a written | ||||||
| 24 | request from the Illinois
Department, such records | ||||||
| 25 | regarding payments claimed for providing
services. This | ||||||
| 26 | section does not require vendors to make available
patient | ||||||
| |||||||
| |||||||
| 1 | records of patients for whom services are not reimbursed | ||||||
| 2 | under
this Code; or
| ||||||
| 3 | (c) Such vendor has failed to furnish any information | ||||||
| 4 | requested by
the Department regarding payments for | ||||||
| 5 | providing goods or services; or
| ||||||
| 6 | (d) Such vendor has knowingly made, or caused to be | ||||||
| 7 | made, any false
statement or representation of a material | ||||||
| 8 | fact in connection with the
administration of the medical | ||||||
| 9 | assistance program; or
| ||||||
| 10 | (e) Such vendor has furnished goods or services to a | ||||||
| 11 | recipient which
are (1) in excess of need, (2) harmful, or
| ||||||
| 12 | (3) of grossly inferior quality, all of such determinations | ||||||
| 13 | to be based
upon competent medical judgment and | ||||||
| 14 | evaluations; or
| ||||||
| 15 | (f) The vendor; a person with management | ||||||
| 16 | responsibility for a
vendor; an officer or person owning, | ||||||
| 17 | either directly or indirectly, 5%
or more of the shares of | ||||||
| 18 | stock or other evidences of ownership in a
corporate | ||||||
| 19 | vendor; an owner of a sole proprietorship which is a | ||||||
| 20 | vendor;
or a partner in a partnership which is a vendor, | ||||||
| 21 | either:
| ||||||
| 22 | (1) was previously terminated, suspended, or | ||||||
| 23 | excluded from participation in the Illinois
medical | ||||||
| 24 | assistance program, or was terminated, suspended, or | ||||||
| 25 | excluded from participation in another state or | ||||||
| 26 | federal medical assistance or health care program; or
| ||||||
| |||||||
| |||||||
| 1 | (2) was a person with management responsibility | ||||||
| 2 | for a vendor
previously terminated, suspended, or | ||||||
| 3 | excluded from participation in the Illinois medical | ||||||
| 4 | assistance
program, or terminated, suspended, or | ||||||
| 5 | excluded from participation in another state or | ||||||
| 6 | federal medical assistance or health care program
| ||||||
| 7 | during the time of conduct which was the basis for
that | ||||||
| 8 | vendor's termination, suspension, or exclusion; or
| ||||||
| 9 | (3) was an officer, or person owning, either | ||||||
| 10 | directly or indirectly,
5% or more of the shares of | ||||||
| 11 | stock or other evidences of ownership in a corporate or | ||||||
| 12 | limited liability company vendor
previously | ||||||
| 13 | terminated, suspended, or excluded from participation | ||||||
| 14 | in the Illinois medical assistance
program, or | ||||||
| 15 | terminated, suspended, or excluded from participation | ||||||
| 16 | in a state or federal medical assistance or health care | ||||||
| 17 | program
during the time of conduct which
was the basis | ||||||
| 18 | for that vendor's termination, suspension, or | ||||||
| 19 | exclusion; or
| ||||||
| 20 | (4) was an owner of a sole proprietorship or | ||||||
| 21 | partner of a
partnership previously terminated, | ||||||
| 22 | suspended, or excluded
from participation in the | ||||||
| 23 | Illinois medical assistance program, or terminated, | ||||||
| 24 | suspended, or excluded from participation in a state or | ||||||
| 25 | federal medical assistance or health care program
| ||||||
| 26 | during the time of conduct
which was the basis for that | ||||||
| |||||||
| |||||||
| 1 | vendor's termination, suspension, or exclusion; or
| ||||||
| 2 | (f-1) Such vendor has a delinquent debt owed to the | ||||||
| 3 | Illinois Department; or
| ||||||
| 4 | (g) The vendor; a person with management | ||||||
| 5 | responsibility for a
vendor; an officer or person owning, | ||||||
| 6 | either directly or indirectly, 5%
or more of the shares of | ||||||
| 7 | stock or other evidences of ownership in a
corporate or
| ||||||
| 8 | limited liability company vendor; an owner of a sole | ||||||
| 9 | proprietorship which is a vendor;
or a partner in a | ||||||
| 10 | partnership which is a vendor, either:
| ||||||
| 11 | (1) has engaged in practices prohibited by | ||||||
| 12 | applicable federal or
State law or regulation; or
| ||||||
| 13 | (2) was a person with management responsibility | ||||||
| 14 | for a vendor at the
time that such vendor engaged in | ||||||
| 15 | practices prohibited by applicable
federal or State | ||||||
| 16 | law or regulation; or
| ||||||
| 17 | (3) was an officer, or person owning, either | ||||||
| 18 | directly or indirectly,
5% or more of the shares of | ||||||
| 19 | stock or other evidences of ownership in a
vendor at | ||||||
| 20 | the time such vendor engaged in practices prohibited by
| ||||||
| 21 | applicable federal or State law or regulation; or
| ||||||
| 22 | (4) was an owner of a sole proprietorship or | ||||||
| 23 | partner of a
partnership which was a vendor at the time | ||||||
| 24 | such vendor engaged in
practices prohibited by | ||||||
| 25 | applicable federal or State law or regulation; or
| ||||||
| 26 | (h) The direct or indirect ownership of the vendor | ||||||
| |||||||
| |||||||
| 1 | (including the
ownership of a vendor that is a sole | ||||||
| 2 | proprietorship, a partner's interest in a
vendor that is a | ||||||
| 3 | partnership, or ownership of 5% or more of the shares of | ||||||
| 4 | stock
or other
evidences of ownership in a corporate | ||||||
| 5 | vendor) has been transferred by an
individual who is | ||||||
| 6 | terminated, suspended, or excluded or barred from | ||||||
| 7 | participating as a vendor to the
individual's spouse, | ||||||
| 8 | child, brother, sister, parent, grandparent, grandchild,
| ||||||
| 9 | uncle, aunt, niece, nephew, cousin, or relative by | ||||||
| 10 | marriage.
| ||||||
| 11 | (A-5) The Illinois Department may deny, suspend, or | ||||||
| 12 | terminate the
eligibility
of any person, firm, corporation, | ||||||
| 13 | association, agency, institution, or other
legal entity to | ||||||
| 14 | participate as a vendor of goods or services to recipients
| ||||||
| 15 | under the medical assistance program under Article V, or may
| ||||||
| 16 | exclude any such person or entity from participation as such a
| ||||||
| 17 | vendor, if, after reasonable
notice and opportunity for a | ||||||
| 18 | hearing, the Illinois Department finds that the
vendor; a | ||||||
| 19 | person with management responsibility for a vendor; an officer | ||||||
| 20 | or
person owning, either directly or indirectly, 5% or more of | ||||||
| 21 | the shares of stock
or other evidences of ownership in a | ||||||
| 22 | corporate vendor; an owner of a sole
proprietorship that is a | ||||||
| 23 | vendor; or a partner in a partnership that is a vendor
has been | ||||||
| 24 | convicted of an offense based on fraud or willful
| ||||||
| 25 | misrepresentation related to any of
the following:
| ||||||
| 26 | (1) The medical assistance program under Article V of | ||||||
| |||||||
| |||||||
| 1 | this Code.
| ||||||
| 2 | (2) A medical assistance or health care program in | ||||||
| 3 | another state.
| ||||||
| 4 | (3) The Medicare program under Title XVIII of the | ||||||
| 5 | Social Security Act.
| ||||||
| 6 | (4) The provision of health care services.
| ||||||
| 7 | (5) A violation of this Code, as provided in Article | ||||||
| 8 | VIIIA, or another state or federal medical assistance | ||||||
| 9 | program or health care program. | ||||||
| 10 | (A-10) The Illinois Department may deny, suspend, or | ||||||
| 11 | terminate the eligibility of any person, firm, corporation, | ||||||
| 12 | association, agency, institution, or other legal entity to | ||||||
| 13 | participate as a vendor of goods or services to recipients | ||||||
| 14 | under the medical assistance program under Article V, or may
| ||||||
| 15 | exclude any such person or entity from participation as such a
| ||||||
| 16 | vendor, if, after reasonable notice and opportunity for a | ||||||
| 17 | hearing, the Illinois Department finds that (i) the vendor, | ||||||
| 18 | (ii) a person with management responsibility for a vendor, | ||||||
| 19 | (iii) an officer or person owning, either directly or | ||||||
| 20 | indirectly, 5% or more of the shares of stock or other | ||||||
| 21 | evidences of ownership in a corporate vendor, (iv) an owner of | ||||||
| 22 | a sole proprietorship that is a vendor, or (v) a partner in a | ||||||
| 23 | partnership that is a vendor has been convicted of an offense | ||||||
| 24 | related to any of the following:
| ||||||
| 25 | (1) Murder.
| ||||||
| 26 | (2) A Class X felony under the Criminal Code of 1961 or | ||||||
| |||||||
| |||||||
| 1 | the Criminal Code of 2012.
| ||||||
| 2 | (3) Sexual misconduct that may subject recipients to an | ||||||
| 3 | undue risk of harm. | ||||||
| 4 | (4) A criminal offense that may subject recipients to | ||||||
| 5 | an undue risk of harm. | ||||||
| 6 | (5) A crime of fraud or dishonesty. | ||||||
| 7 | (6) A crime involving a controlled substance. | ||||||
| 8 | (7) A misdemeanor relating to fraud, theft, | ||||||
| 9 | embezzlement, breach of fiduciary responsibility, or other | ||||||
| 10 | financial misconduct related to a health care program. | ||||||
| 11 | (A-15) The Illinois Department may deny the eligibility of | ||||||
| 12 | any person, firm, corporation, association, agency, | ||||||
| 13 | institution, or other legal entity to participate as a vendor | ||||||
| 14 | of goods or services to recipients under the medical assistance | ||||||
| 15 | program under Article V if, after reasonable notice and | ||||||
| 16 | opportunity for a hearing, the Illinois Department finds: | ||||||
| 17 | (1) The applicant or any person with management | ||||||
| 18 | responsibility for the applicant; an officer or member of | ||||||
| 19 | the board of directors of an applicant; an entity owning | ||||||
| 20 | (directly or indirectly) 5% or more of the shares of stock | ||||||
| 21 | or other evidences of ownership in a corporate vendor | ||||||
| 22 | applicant; an owner of a sole proprietorship applicant; a | ||||||
| 23 | partner in a partnership applicant; or a technical or other | ||||||
| 24 | advisor to an applicant has a debt owed to the Illinois | ||||||
| 25 | Department, and no payment arrangements acceptable to the | ||||||
| 26 | Illinois Department have been made by the applicant. | ||||||
| |||||||
| |||||||
| 1 | (2) The applicant or any person with management | ||||||
| 2 | responsibility for the applicant; an officer or member of | ||||||
| 3 | the board of directors of an applicant; an entity owning | ||||||
| 4 | (directly or indirectly) 5% or more of the shares of stock | ||||||
| 5 | or other evidences of ownership in a corporate vendor | ||||||
| 6 | applicant; an owner of a sole proprietorship applicant; a | ||||||
| 7 | partner in a partnership vendor applicant; or a technical | ||||||
| 8 | or other advisor to an applicant was (i) a person with | ||||||
| 9 | management responsibility, (ii) an officer or member of the | ||||||
| 10 | board of directors of an applicant, (iii) an entity owning | ||||||
| 11 | (directly or indirectly) 5% or more of the shares of stock | ||||||
| 12 | or other evidences of ownership in a corporate vendor, (iv) | ||||||
| 13 | an owner of a sole proprietorship, (v) a partner in a | ||||||
| 14 | partnership vendor, (vi) a technical or other advisor to a | ||||||
| 15 | vendor, during a period of time where the conduct of that | ||||||
| 16 | vendor resulted in a debt owed to the Illinois Department, | ||||||
| 17 | and no payment arrangements acceptable to the Illinois | ||||||
| 18 | Department have been made by that vendor. | ||||||
| 19 | (3) There is a credible allegation of the use, | ||||||
| 20 | transfer, or lease of assets of any kind to an applicant | ||||||
| 21 | from a current or prior vendor who has a debt owed to the | ||||||
| 22 | Illinois Department, no payment arrangements acceptable to | ||||||
| 23 | the Illinois Department have been made by that vendor or | ||||||
| 24 | the vendor's alternate payee, and the applicant knows or | ||||||
| 25 | should have known of such debt. | ||||||
| 26 | (4) There is a credible allegation of a transfer of | ||||||
| |||||||
| |||||||
| 1 | management responsibilities, or direct or indirect | ||||||
| 2 | ownership, to an applicant from a current or prior vendor | ||||||
| 3 | who has a debt owed to the Illinois Department, and no | ||||||
| 4 | payment arrangements acceptable to the Illinois Department | ||||||
| 5 | have been made by that vendor or the vendor's alternate | ||||||
| 6 | payee, and the applicant knows or should have known of such | ||||||
| 7 | debt. | ||||||
| 8 | (5) There is a credible allegation of the use, | ||||||
| 9 | transfer, or lease of assets of any kind to an applicant | ||||||
| 10 | who is a spouse, child, brother, sister, parent, | ||||||
| 11 | grandparent, grandchild, uncle, aunt, niece, relative by | ||||||
| 12 | marriage, nephew, cousin, or relative of a current or prior | ||||||
| 13 | vendor who has a debt owed to the Illinois Department and | ||||||
| 14 | no payment arrangements acceptable to the Illinois | ||||||
| 15 | Department have been made. | ||||||
| 16 | (6) There is a credible allegation that the applicant's | ||||||
| 17 | previous affiliations with a provider of medical services | ||||||
| 18 | that has an uncollected debt, a provider that has been or | ||||||
| 19 | is subject to a payment suspension under a federal health | ||||||
| 20 | care program, or a provider that has been previously | ||||||
| 21 | excluded from participation in the medical assistance | ||||||
| 22 | program, poses a risk of fraud, waste, or abuse to the | ||||||
| 23 | Illinois Department. | ||||||
| 24 | As used in this subsection, "credible allegation" is | ||||||
| 25 | defined to include an allegation from any source, including, | ||||||
| 26 | but not limited to, fraud hotline complaints, claims data | ||||||
| |||||||
| |||||||
| 1 | mining, patterns identified through provider audits, civil | ||||||
| 2 | actions filed under the Illinois False Claims Act, and law | ||||||
| 3 | enforcement investigations. An allegation is considered to be | ||||||
| 4 | credible when it has indicia of reliability. | ||||||
| 5 | (B) The Illinois Department shall deny, suspend or | ||||||
| 6 | terminate the
eligibility of any person, firm, corporation, | ||||||
| 7 | association, agency,
institution or other legal entity to | ||||||
| 8 | participate as a vendor of goods or
services to recipients | ||||||
| 9 | under the medical assistance program under
Article V, or may
| ||||||
| 10 | exclude any such person or entity from participation as such a
| ||||||
| 11 | vendor:
| ||||||
| 12 | (1) immediately, if such vendor is not properly | ||||||
| 13 | licensed, certified, or authorized;
| ||||||
| 14 | (2) within 30 days of the date when such vendor's | ||||||
| 15 | professional
license, certification or other authorization | ||||||
| 16 | has been refused renewal, restricted,
revoked, suspended, | ||||||
| 17 | or otherwise terminated; or
| ||||||
| 18 | (3) if such vendor has been convicted of a violation of | ||||||
| 19 | this Code, as
provided in Article VIIIA.
| ||||||
| 20 | (C) Upon termination, suspension, or exclusion of a vendor | ||||||
| 21 | of goods or services from
participation in the medical | ||||||
| 22 | assistance program authorized by this
Article, a person with | ||||||
| 23 | management responsibility for such vendor during
the time of | ||||||
| 24 | any conduct which served as the basis for that vendor's
| ||||||
| 25 | termination, suspension, or exclusion is barred from | ||||||
| 26 | participation in the medical assistance
program.
| ||||||
| |||||||
| |||||||
| 1 | Upon termination, suspension, or exclusion of a corporate | ||||||
| 2 | vendor, the officers and persons
owning, directly or | ||||||
| 3 | indirectly, 5% or more of the shares of stock or
other | ||||||
| 4 | evidences of ownership in the vendor during the time of any
| ||||||
| 5 | conduct which served as the basis for that vendor's | ||||||
| 6 | termination, suspension, or exclusion are
barred from | ||||||
| 7 | participation in the medical assistance program. A person who
| ||||||
| 8 | owns, directly or indirectly, 5% or more of the shares of stock | ||||||
| 9 | or other
evidences of ownership in a terminated, suspended, or | ||||||
| 10 | excluded vendor may not transfer his or
her ownership interest | ||||||
| 11 | in that vendor to his or her spouse, child, brother,
sister, | ||||||
| 12 | parent, grandparent, grandchild, uncle, aunt, niece, nephew, | ||||||
| 13 | cousin, or
relative by marriage.
| ||||||
| 14 | Upon termination, suspension, or exclusion of a sole | ||||||
| 15 | proprietorship or partnership, the owner
or partners during the | ||||||
| 16 | time of any conduct which served as the basis for
that vendor's | ||||||
| 17 | termination, suspension, or exclusion are barred from | ||||||
| 18 | participation in the medical
assistance program. The owner of a | ||||||
| 19 | terminated, suspended, or excluded vendor that is a sole
| ||||||
| 20 | proprietorship, and a partner in a terminated, suspended, or | ||||||
| 21 | excluded vendor that is a partnership, may
not transfer his or | ||||||
| 22 | her ownership or partnership interest in that vendor to his
or | ||||||
| 23 | her spouse, child, brother, sister, parent, grandparent, | ||||||
| 24 | grandchild, uncle,
aunt, niece, nephew, cousin, or relative by | ||||||
| 25 | marriage.
| ||||||
| 26 | A person who owns, directly or indirectly, 5% or more of | ||||||
| |||||||
| |||||||
| 1 | the shares of stock or other evidences of ownership in a | ||||||
| 2 | corporate or limited liability company vendor who owes a debt | ||||||
| 3 | to the Department, if that vendor has not made payment | ||||||
| 4 | arrangements acceptable to the Department, shall not transfer | ||||||
| 5 | his or her ownership interest in that vendor, or vendor assets | ||||||
| 6 | of any kind, to his or her spouse, child, brother, sister, | ||||||
| 7 | parent, grandparent, grandchild, uncle, aunt, niece, nephew, | ||||||
| 8 | cousin, or relative by marriage. | ||||||
| 9 | Rules adopted by the Illinois Department to implement these
| ||||||
| 10 | provisions shall specifically include a definition of the term
| ||||||
| 11 | "management responsibility" as used in this Section. Such | ||||||
| 12 | definition
shall include, but not be limited to, typical job | ||||||
| 13 | titles, and duties and
descriptions which will be considered as | ||||||
| 14 | within the definition of
individuals with management | ||||||
| 15 | responsibility for a provider.
| ||||||
| 16 | A vendor or a prior vendor who has been terminated, | ||||||
| 17 | excluded, or suspended from the medical assistance program, or | ||||||
| 18 | from another state or federal medical assistance or health care | ||||||
| 19 | program, and any individual currently or previously barred from | ||||||
| 20 | the medical assistance program, or from another state or | ||||||
| 21 | federal medical assistance or health care program, as a result | ||||||
| 22 | of being an officer or a person owning, directly or indirectly, | ||||||
| 23 | 5% or more of the shares of stock or other evidences of | ||||||
| 24 | ownership in a corporate or limited liability company vendor | ||||||
| 25 | during the time of any conduct which served as the basis for | ||||||
| 26 | that vendor's termination, suspension, or exclusion, may be | ||||||
| |||||||
| |||||||
| 1 | required to post a surety bond as part of a condition of | ||||||
| 2 | enrollment or participation in the medical assistance program. | ||||||
| 3 | The Illinois Department shall establish, by rule, the criteria | ||||||
| 4 | and requirements for determining when a surety bond must be | ||||||
| 5 | posted and the value of the bond. | ||||||
| 6 | A vendor or a prior vendor who has a debt owed to the | ||||||
| 7 | Illinois Department and any individual currently or previously | ||||||
| 8 | barred from the medical assistance program, or from another | ||||||
| 9 | state or federal medical assistance or health care program, as | ||||||
| 10 | a result of being an officer or a person owning, directly or | ||||||
| 11 | indirectly, 5% or more of the shares of stock or other | ||||||
| 12 | evidences of ownership in that corporate or limited liability | ||||||
| 13 | company vendor during the time of any conduct which served as | ||||||
| 14 | the basis for the debt, may be required to post a surety bond | ||||||
| 15 | as part of a condition of enrollment or participation in the | ||||||
| 16 | medical assistance program. The Illinois Department shall | ||||||
| 17 | establish, by rule, the criteria and requirements for | ||||||
| 18 | determining when a surety bond must be posted and the value of | ||||||
| 19 | the bond. | ||||||
| 20 | (D) If a vendor has been suspended from the medical | ||||||
| 21 | assistance
program under Article V of the Code, the Director | ||||||
| 22 | may require that such
vendor correct any deficiencies which | ||||||
| 23 | served as the basis for the
suspension. The Director shall | ||||||
| 24 | specify in the suspension order a specific
period of time, | ||||||
| 25 | which shall not exceed one year from the date of the
order, | ||||||
| 26 | during which a suspended vendor shall not be eligible to
| ||||||
| |||||||
| |||||||
| 1 | participate. At the conclusion of the period of suspension the | ||||||
| 2 | Director
shall reinstate such vendor, unless he finds that such | ||||||
| 3 | vendor has not
corrected deficiencies upon which the suspension | ||||||
| 4 | was based.
| ||||||
| 5 | If a vendor has been terminated, suspended, or excluded | ||||||
| 6 | from the medical assistance program
under Article V, such | ||||||
| 7 | vendor shall be barred from participation for at
least one | ||||||
| 8 | year, except that if a vendor has been terminated, suspended, | ||||||
| 9 | or excluded based on a
conviction of a
violation of Article | ||||||
| 10 | VIIIA or a conviction of a felony based on fraud or a
willful | ||||||
| 11 | misrepresentation related to (i) the medical assistance | ||||||
| 12 | program under
Article V, (ii) a federal or another state's | ||||||
| 13 | medical assistance or health care program, or (iii) the | ||||||
| 14 | provision of health care services, then
the vendor shall be | ||||||
| 15 | barred from participation for 5 years or for the length of
the | ||||||
| 16 | vendor's sentence for that conviction, whichever is longer. At | ||||||
| 17 | the end of
one year a vendor who has been terminated, | ||||||
| 18 | suspended, or excluded
may apply for reinstatement to the | ||||||
| 19 | program. Upon proper application to
be reinstated such vendor | ||||||
| 20 | may be deemed eligible by the Director
providing that such | ||||||
| 21 | vendor meets the requirements for eligibility under
this Code. | ||||||
| 22 | If such vendor is deemed not eligible for
reinstatement, he
| ||||||
| 23 | shall be barred from again applying for reinstatement for one | ||||||
| 24 | year from the
date his application for reinstatement is denied.
| ||||||
| 25 | A vendor whose termination, suspension, or exclusion from | ||||||
| 26 | participation in the Illinois medical
assistance program under | ||||||
| |||||||
| |||||||
| 1 | Article V was based solely on an action by a
governmental | ||||||
| 2 | entity other than the Illinois Department may, upon | ||||||
| 3 | reinstatement
by that governmental entity or upon reversal of | ||||||
| 4 | the termination, suspension, or exclusion, apply for
| ||||||
| 5 | rescission of the termination, suspension, or exclusion from | ||||||
| 6 | participation in the Illinois medical
assistance program. Upon | ||||||
| 7 | proper application for rescission, the vendor may be
deemed | ||||||
| 8 | eligible by the Director if the vendor meets the requirements | ||||||
| 9 | for
eligibility under this Code.
| ||||||
| 10 | If a vendor has been terminated, suspended, or excluded and | ||||||
| 11 | reinstated to the medical assistance
program under Article V | ||||||
| 12 | and the vendor is terminated, suspended, or excluded a second | ||||||
| 13 | or subsequent
time from the medical assistance program, the | ||||||
| 14 | vendor shall be barred from
participation for at least 2 years, | ||||||
| 15 | except that if a vendor has been
terminated, suspended, or | ||||||
| 16 | excluded a second time based on a
conviction of a violation of | ||||||
| 17 | Article VIIIA or a conviction of a felony based on
fraud or a | ||||||
| 18 | willful misrepresentation related to (i) the medical | ||||||
| 19 | assistance
program under Article V, (ii) a federal or another | ||||||
| 20 | state's medical assistance or health care program, or (iii) the | ||||||
| 21 | provision of health care
services, then the vendor shall be | ||||||
| 22 | barred from participation for life. At
the end of 2 years, a | ||||||
| 23 | vendor who has
been terminated, suspended, or excluded may | ||||||
| 24 | apply for reinstatement to the program. Upon application
to be | ||||||
| 25 | reinstated, the vendor may be deemed eligible if the vendor | ||||||
| 26 | meets the
requirements for eligibility under this Code. If the | ||||||
| |||||||
| |||||||
| 1 | vendor is deemed not
eligible for reinstatement, the vendor | ||||||
| 2 | shall be barred from again applying for
reinstatement for 2 | ||||||
| 3 | years from the date the vendor's application for
reinstatement | ||||||
| 4 | is denied.
| ||||||
| 5 | (E) The Illinois Department may recover money improperly or
| ||||||
| 6 | erroneously paid, or overpayments, either by setoff, crediting | ||||||
| 7 | against
future billings or by requiring direct repayment to the | ||||||
| 8 | Illinois
Department. The Illinois Department may suspend or | ||||||
| 9 | deny payment, in whole or in part, if such payment would be | ||||||
| 10 | improper or erroneous or would otherwise result in overpayment. | ||||||
| 11 | (1) Payments may be suspended, denied, or recovered | ||||||
| 12 | from a vendor or alternate payee: (i) for services rendered | ||||||
| 13 | in violation of the Illinois Department's provider | ||||||
| 14 | notices, statutes, rules, and regulations; (ii) for | ||||||
| 15 | services rendered in violation of the terms and conditions | ||||||
| 16 | prescribed by the Illinois Department in its vendor | ||||||
| 17 | agreement; (iii) for any vendor who fails to grant the | ||||||
| 18 | Office of Inspector General timely access to full and | ||||||
| 19 | complete records, including, but not limited to, records | ||||||
| 20 | relating to recipients under the medical assistance | ||||||
| 21 | program for the most recent 6 years, in accordance with | ||||||
| 22 | Section 140.28 of Title 89 of the Illinois Administrative | ||||||
| 23 | Code, and other information for the purpose of audits, | ||||||
| 24 | investigations, or other program integrity functions, | ||||||
| 25 | after reasonable written request by the Inspector General; | ||||||
| 26 | this subsection (E) does not require vendors to make | ||||||
| |||||||
| |||||||
| 1 | available the medical records of patients for whom services | ||||||
| 2 | are not reimbursed under this Code or to provide access to | ||||||
| 3 | medical records more than 6 years old; (iv) when the vendor | ||||||
| 4 | has knowingly made, or caused to be made, any false | ||||||
| 5 | statement or representation of a material fact in | ||||||
| 6 | connection with the administration of the medical | ||||||
| 7 | assistance program; or (v) when the vendor previously | ||||||
| 8 | rendered services while terminated, suspended, or excluded | ||||||
| 9 | from participation in the medical assistance program or | ||||||
| 10 | while terminated or excluded from participation in another | ||||||
| 11 | state or federal medical assistance or health care program. | ||||||
| 12 | (2) Notwithstanding any other provision of law, if a | ||||||
| 13 | vendor has the same taxpayer identification number | ||||||
| 14 | (assigned under Section 6109 of the Internal Revenue Code | ||||||
| 15 | of 1986) as is assigned to a vendor with past-due financial | ||||||
| 16 | obligations to the Illinois Department, the Illinois | ||||||
| 17 | Department may make any necessary adjustments to payments | ||||||
| 18 | to that vendor in order to satisfy any past-due | ||||||
| 19 | obligations, regardless of whether the vendor is assigned a | ||||||
| 20 | different billing number under the medical assistance | ||||||
| 21 | program.
| ||||||
| 22 | (E-5) Civil monetary penalties. | ||||||
| 23 | (1) As used in this subsection (E-5): | ||||||
| 24 | (a) "Knowingly" means that a person, with respect | ||||||
| 25 | to
information:
(i) has actual knowledge of the | ||||||
| 26 | information;
(ii) acts in deliberate ignorance of the | ||||||
| |||||||
| |||||||
| 1 | truth or falsity of the
information; or
(iii) acts in | ||||||
| 2 | reckless disregard of the truth or falsity of the
| ||||||
| 3 | information. No proof of specific intent to defraud is | ||||||
| 4 | required. | ||||||
| 5 | (b) "Overpayment" means any funds that a person | ||||||
| 6 | receives or
retains from the medical assistance | ||||||
| 7 | program to which the person,
after applicable | ||||||
| 8 | reconciliation, is not entitled under this Code. | ||||||
| 9 | (c) "Remuneration" means the offer or transfer of | ||||||
| 10 | items or
services for free or for other than fair | ||||||
| 11 | market value by a
person; however, remuneration does | ||||||
| 12 | not include items or services
of a nominal value of no | ||||||
| 13 | more than $10 per item or service, or
$50 in the | ||||||
| 14 | aggregate on an annual basis, or any other offer or
| ||||||
| 15 | transfer of items or services as determined by the
| ||||||
| 16 | Department. | ||||||
| 17 | (d) "Should know" means that a person, with respect | ||||||
| 18 | to
information:
(i) acts in deliberate ignorance of the | ||||||
| 19 | truth or falsity
of the information; or
(ii) acts in | ||||||
| 20 | reckless disregard of the truth or falsity of
the | ||||||
| 21 | information. No proof of specific intent to defraud is | ||||||
| 22 | required. | ||||||
| 23 | (2) Any person (including a vendor, provider, | ||||||
| 24 | organization, agency, or other entity, or an alternate | ||||||
| 25 | payee thereof, but excluding a recipient) who: | ||||||
| 26 | (a) knowingly presents or causes to be presented to | ||||||
| |||||||
| |||||||
| 1 | an officer, employee, or agent of the State, a claim | ||||||
| 2 | that the Department determines: | ||||||
| 3 | (i) is for a medical or other item or service | ||||||
| 4 | that the person knows or should know was not | ||||||
| 5 | provided as claimed, including any person who | ||||||
| 6 | engages in a pattern or practice of presenting or | ||||||
| 7 | causing to be presented a claim for an item or | ||||||
| 8 | service that is based on a code that the person | ||||||
| 9 | knows or should know will result in a greater | ||||||
| 10 | payment to the person than the code the person | ||||||
| 11 | knows or should know is applicable to the item or | ||||||
| 12 | service actually provided; | ||||||
| 13 | (ii) is for a medical or other item or service | ||||||
| 14 | and the person knows or should know that the claim | ||||||
| 15 | is false or fraudulent; | ||||||
| 16 | (iii) is presented for a vendor physician's | ||||||
| 17 | service, or an item or service incident to a vendor | ||||||
| 18 | physician's service, by a person who knows or | ||||||
| 19 | should know that the individual who furnished, or | ||||||
| 20 | supervised the furnishing of, the service: | ||||||
| 21 | (AA) was not licensed as a physician; | ||||||
| 22 | (BB) was licensed as a physician but such | ||||||
| 23 | license had been obtained through a | ||||||
| 24 | misrepresentation of material fact (including | ||||||
| 25 | cheating on an examination required for | ||||||
| 26 | licensing); or | ||||||
| |||||||
| |||||||
| 1 | (CC) represented to the patient at the | ||||||
| 2 | time the service was furnished that the | ||||||
| 3 | physician was certified in a medical specialty | ||||||
| 4 | by a medical specialty board, when the | ||||||
| 5 | individual was not so certified; | ||||||
| 6 | (iv) is for a medical or other item or service | ||||||
| 7 | furnished during a period in which the person was | ||||||
| 8 | excluded from the medical assistance program or a | ||||||
| 9 | federal or state health care program under which | ||||||
| 10 | the claim
was made pursuant to applicable law; or | ||||||
| 11 | (v) is for a pattern of medical or other items | ||||||
| 12 | or services that a person knows or should know are | ||||||
| 13 | not medically necessary; | ||||||
| 14 | (b) knowingly presents or causes to be presented to | ||||||
| 15 | any person a request for payment which is in violation | ||||||
| 16 | of the conditions for receipt
of vendor payments under | ||||||
| 17 | the medical assistance program under Section 11-13 of | ||||||
| 18 | this Code; | ||||||
| 19 | (c) knowingly gives or causes to be given to any | ||||||
| 20 | person, with respect to medical assistance program | ||||||
| 21 | coverage of inpatient hospital services, information | ||||||
| 22 | that he or she knows or should know is false or | ||||||
| 23 | misleading, and that could reasonably be expected to | ||||||
| 24 | influence the decision when to discharge such person or | ||||||
| 25 | other individual from the hospital; | ||||||
| 26 | (d) in the case of a person who is not an | ||||||
| |||||||
| |||||||
| 1 | organization, agency, or other entity, is excluded | ||||||
| 2 | from participating in the medical assistance
program | ||||||
| 3 | or a federal or state health care program and who, at | ||||||
| 4 | the time
of a violation of this subsection (E-5): | ||||||
| 5 | (i) retains a direct or indirect ownership or | ||||||
| 6 | control interest in an entity that is | ||||||
| 7 | participating in the medical assistance program or | ||||||
| 8 | a federal or state health care program, and who | ||||||
| 9 | knows or should know of the action constituting the | ||||||
| 10 | basis for the exclusion; or | ||||||
| 11 | (ii) is an officer or managing employee of such | ||||||
| 12 | an entity; | ||||||
| 13 | (e) offers or transfers remuneration to any | ||||||
| 14 | individual eligible for benefits under the medical | ||||||
| 15 | assistance program that such person knows or should | ||||||
| 16 | know is likely to influence such individual to order or | ||||||
| 17 | receive from a particular vendor, provider, | ||||||
| 18 | practitioner, or supplier any item or service for which | ||||||
| 19 | payment may be made, in whole or in part, under the | ||||||
| 20 | medical assistance program; | ||||||
| 21 | (f) arranges or contracts (by employment or | ||||||
| 22 | otherwise) with an individual or entity that the person | ||||||
| 23 | knows or should know is excluded from participation in | ||||||
| 24 | the medical assistance program or a federal or
state | ||||||
| 25 | health care program, for the provision of items or | ||||||
| 26 | services for which payment may be made under such a | ||||||
| |||||||
| |||||||
| 1 | program; | ||||||
| 2 | (g) commits an act described in subsection (b) or | ||||||
| 3 | (c) of Section 8A-3; | ||||||
| 4 | (h) knowingly makes, uses, or causes to be made or | ||||||
| 5 | used, a false record
or statement material to a false | ||||||
| 6 | or fraudulent claim for payment for
items and services | ||||||
| 7 | furnished under the medical assistance program; | ||||||
| 8 | (i) fails to grant timely access, upon reasonable | ||||||
| 9 | request (as defined
by the Department by rule), to the | ||||||
| 10 | Inspector General, for the purpose of
audits, | ||||||
| 11 | investigations, evaluations, or other statutory | ||||||
| 12 | functions of
the Inspector General of the Department; | ||||||
| 13 | (j) orders or prescribes a medical or other item or | ||||||
| 14 | service during a
period in which the person was | ||||||
| 15 | excluded from the medical assistance
program or a | ||||||
| 16 | federal or state health care program, in the case where
| ||||||
| 17 | the person knows or should know that a claim for such | ||||||
| 18 | medical or other
item or service will be made under | ||||||
| 19 | such a program; | ||||||
| 20 | (k) knowingly makes or causes to be made any false | ||||||
| 21 | statement, omission, or misrepresentation of a | ||||||
| 22 | material fact in any application, bid, or contract to | ||||||
| 23 | participate or enroll as a vendor or provider of | ||||||
| 24 | services or a supplier under the medical assistance | ||||||
| 25 | program; | ||||||
| 26 | (l) knows of an overpayment and does not report and | ||||||
| |||||||
| |||||||
| 1 | return the
overpayment to the Department in accordance | ||||||
| 2 | with paragraph (6); | ||||||
| 3 | shall be subject, in addition to any other penalties that | ||||||
| 4 | may be prescribed by law, to a civil money penalty of not | ||||||
| 5 | more than $10,000
for each item or service (or, in cases | ||||||
| 6 | under subparagraph (c), $15,000
for each individual with | ||||||
| 7 | respect to whom false or misleading
information was given; | ||||||
| 8 | in cases under subparagraph (d), $10,000 for
each day the | ||||||
| 9 | prohibited relationship occurs; in cases under | ||||||
| 10 | subparagraph
(g), $50,000 for each such act; in cases under | ||||||
| 11 | subparagraph
(h), $50,000 for each false record or | ||||||
| 12 | statement; in cases under
subparagraph (i), $15,000 for | ||||||
| 13 | each day of the failure described in such
subparagraph; or | ||||||
| 14 | in cases under subparagraph (k), $50,000 for each false
| ||||||
| 15 | statement, omission, or misrepresentation of a material | ||||||
| 16 | fact). In
addition, such a person shall be subject to an | ||||||
| 17 | assessment of not more
than 3 times the amount claimed for | ||||||
| 18 | each such item or service in lieu
of damages sustained by | ||||||
| 19 | the State because of such claim
(or, in cases under | ||||||
| 20 | subparagraph (g), damages of not more than 3 times
the | ||||||
| 21 | total amount of remuneration offered, paid, solicited, or | ||||||
| 22 | received,
without regard to whether a portion of such | ||||||
| 23 | remuneration was offered,
paid, solicited, or received for | ||||||
| 24 | a lawful purpose; or in cases under
subparagraph (k), an | ||||||
| 25 | assessment of not more than 3 times the total
amount | ||||||
| 26 | claimed for each item or service for which payment was made
| ||||||
| |||||||
| |||||||
| 1 | based upon the application, bid, or contract containing the | ||||||
| 2 | false
statement, omission, or misrepresentation of a | ||||||
| 3 | material fact). | ||||||
| 4 | (3) In addition, the Director or his or her designee | ||||||
| 5 | may make a determination in the
same proceeding to exclude, | ||||||
| 6 | terminate, suspend, or bar the person from
participation in | ||||||
| 7 | the medical assistance program. | ||||||
| 8 | (4) The Illinois Department may seek the civil monetary | ||||||
| 9 | penalties and exclusion, termination, suspension, or | ||||||
| 10 | barment identified in this subsection (E-5). Prior to the | ||||||
| 11 | imposition of any penalties or sanctions, the affected
| ||||||
| 12 | person shall be afforded an
opportunity for a hearing after | ||||||
| 13 | reasonable notice. The
Department shall establish hearing | ||||||
| 14 | procedures by rule. | ||||||
| 15 | (5) Any final order, decision, or other determination | ||||||
| 16 | made, issued, or executed by the Director under the | ||||||
| 17 | provisions of this subsection (E-5), whereby a person is | ||||||
| 18 | aggrieved, shall be subject to review in accordance with | ||||||
| 19 | the provisions of the Administrative Review Law, and the | ||||||
| 20 | rules adopted pursuant thereto, which shall apply to and | ||||||
| 21 | govern all proceedings for the judicial review of final | ||||||
| 22 | administrative decisions of the Director. | ||||||
| 23 | (6)(a) If a person has received an overpayment, the | ||||||
| 24 | person shall: | ||||||
| 25 | (i) report and return the overpayment to the | ||||||
| 26 | Department at the correct address; and | ||||||
| |||||||
| |||||||
| 1 | (ii) notify the Department in writing of the reason | ||||||
| 2 | for the overpayment. | ||||||
| 3 | (b) An overpayment must be reported and returned under | ||||||
| 4 | subparagraph (a) by the later of: | ||||||
| 5 | (i) the date which is 60 days after the date on | ||||||
| 6 | which the overpayment was identified; or | ||||||
| 7 | (ii) the date any corresponding cost report is due, | ||||||
| 8 | if applicable. | ||||||
| 9 | (E-10) A vendor who disputes an overpayment identified as | ||||||
| 10 | part of a Department audit shall utilize the Department's | ||||||
| 11 | self-referral disclosure protocol as set forth under this Code | ||||||
| 12 | to identify, investigate, and return to the Department any | ||||||
| 13 | undisputed audit overpayment amount. Unless the disputed | ||||||
| 14 | overpayment amount is subject to a fraud payment suspension, or | ||||||
| 15 | involves a termination sanction, the Department shall defer the | ||||||
| 16 | recovery of the disputed overpayment amount up to one year | ||||||
| 17 | after the date of the Department's final audit determination, | ||||||
| 18 | or earlier, or as required by State or federal law. If the | ||||||
| 19 | administrative hearing extends beyond one year, and such delay | ||||||
| 20 | was not caused by the request of the vendor, then the | ||||||
| 21 | Department shall not recover the disputed overpayment amount | ||||||
| 22 | until the date of the final administrative decision. If a final | ||||||
| 23 | administrative decision establishes that the disputed | ||||||
| 24 | overpayment amount is owed to the Department, then the amount | ||||||
| 25 | shall be immediately due to the Department. The Department | ||||||
| 26 | shall be entitled to recover interest from the vendor on the | ||||||
| |||||||
| |||||||
| 1 | overpayment amount from the date of the overpayment through the | ||||||
| 2 | date the vendor returns the overpayment to the Department at a | ||||||
| 3 | rate not to exceed the Wall Street Journal Prime Rate, as | ||||||
| 4 | published from time to time, but not to exceed 5%. Any interest | ||||||
| 5 | billed by the Department shall be due immediately upon receipt | ||||||
| 6 | of the Department's billing statement. | ||||||
| 7 | (F) The Illinois Department may withhold payments to any | ||||||
| 8 | vendor
or alternate payee prior to or during the pendency of | ||||||
| 9 | any audit or proceeding under this Section, and through the | ||||||
| 10 | pendency of any administrative appeal or administrative review | ||||||
| 11 | by any court proceeding. The Illinois Department shall
state by | ||||||
| 12 | rule with as much specificity as practicable the conditions
| ||||||
| 13 | under which payments will not be withheld under this Section. | ||||||
| 14 | Payments may be denied for bills
submitted with service dates | ||||||
| 15 | occurring during the pendency of a
proceeding, after a final | ||||||
| 16 | decision has been rendered, or after the conclusion of any | ||||||
| 17 | administrative appeal, where the final administrative decision | ||||||
| 18 | is to terminate, exclude, or suspend
eligibility to participate | ||||||
| 19 | in the medical assistance program. The
Illinois Department | ||||||
| 20 | shall state by rule with as much specificity as
practicable the | ||||||
| 21 | conditions under which payments will not be denied for
such | ||||||
| 22 | bills.
The Illinois
Department shall state by rule a process | ||||||
| 23 | and criteria by
which a vendor or alternate payee may request | ||||||
| 24 | full or partial release of payments withheld under
this | ||||||
| 25 | subsection. The Department must complete a proceeding under | ||||||
| 26 | this Section
in a timely manner.
| ||||||
| |||||||
| |||||||
| 1 | Notwithstanding recovery allowed under subsection (E) or | ||||||
| 2 | this subsection (F), the Illinois Department may withhold | ||||||
| 3 | payments to any vendor or alternate payee who is not properly | ||||||
| 4 | licensed, certified, or in compliance with State or federal | ||||||
| 5 | agency regulations. Payments may be denied for bills submitted | ||||||
| 6 | with service dates occurring during the period of time that a | ||||||
| 7 | vendor is not properly licensed, certified, or in compliance | ||||||
| 8 | with State or federal regulations. Facilities licensed under
| ||||||
| 9 | the Nursing Home Care Act shall have payments denied or
| ||||||
| 10 | withheld pursuant to subsection (I) of this Section. | ||||||
| 11 | (F-5) The Illinois Department may temporarily withhold | ||||||
| 12 | payments to
a vendor or alternate payee if any of the following | ||||||
| 13 | individuals have been indicted or
otherwise charged under a law | ||||||
| 14 | of the United States or this or any other state
with an offense | ||||||
| 15 | that is based on alleged fraud or willful
misrepresentation on | ||||||
| 16 | the part of the individual related to (i) the medical
| ||||||
| 17 | assistance program under Article V of this Code, (ii) a federal | ||||||
| 18 | or another state's medical assistance
or health care program, | ||||||
| 19 | or (iii) the provision of health care services:
| ||||||
| 20 | (1) If the vendor or alternate payee is a corporation: | ||||||
| 21 | an officer of the corporation
or an individual who owns, | ||||||
| 22 | either directly or indirectly, 5% or more
of the shares of | ||||||
| 23 | stock or other evidence of ownership of the
corporation.
| ||||||
| 24 | (2) If the vendor is a sole proprietorship: the owner | ||||||
| 25 | of the sole
proprietorship.
| ||||||
| 26 | (3) If the vendor or alternate payee is a partnership: | ||||||
| |||||||
| |||||||
| 1 | a partner in the partnership.
| ||||||
| 2 | (4) If the vendor or alternate payee is any other | ||||||
| 3 | business entity authorized by law
to transact business in | ||||||
| 4 | this State: an officer of the entity or an
individual who | ||||||
| 5 | owns, either directly or indirectly, 5% or more of the
| ||||||
| 6 | evidences of ownership of the entity.
| ||||||
| 7 | If the Illinois Department withholds payments to a vendor | ||||||
| 8 | or alternate payee under this
subsection, the Department shall | ||||||
| 9 | not release those payments to the vendor
or alternate payee
| ||||||
| 10 | while any criminal proceeding related to the indictment or | ||||||
| 11 | charge is pending
unless the Department determines that there | ||||||
| 12 | is good cause to release the
payments before completion of the | ||||||
| 13 | proceeding. If the indictment or charge
results in the | ||||||
| 14 | individual's conviction, the Illinois Department shall retain
| ||||||
| 15 | all withheld
payments, which shall be considered forfeited to | ||||||
| 16 | the Department. If the
indictment or charge does not result in | ||||||
| 17 | the individual's conviction, the
Illinois Department
shall | ||||||
| 18 | release to the vendor or alternate payee all withheld payments.
| ||||||
| 19 | (F-10) If the Illinois Department establishes that the | ||||||
| 20 | vendor or alternate payee owes a debt to the Illinois | ||||||
| 21 | Department, and the vendor or alternate payee subsequently | ||||||
| 22 | fails to pay or make satisfactory payment arrangements with the | ||||||
| 23 | Illinois Department for the debt owed, the Illinois Department | ||||||
| 24 | may seek all remedies available under the law of this State to | ||||||
| 25 | recover the debt, including, but not limited to, wage | ||||||
| 26 | garnishment or the filing of claims or liens against the vendor | ||||||
| |||||||
| |||||||
| 1 | or alternate payee. | ||||||
| 2 | (F-15) Enforcement of judgment. | ||||||
| 3 | (1) Any fine, recovery amount, other sanction, or costs | ||||||
| 4 | imposed, or part of any fine, recovery amount, other | ||||||
| 5 | sanction, or cost imposed, remaining unpaid after the | ||||||
| 6 | exhaustion of or the failure to exhaust judicial review | ||||||
| 7 | procedures under the Illinois Administrative Review Law is | ||||||
| 8 | a debt due and owing the State and may be collected using | ||||||
| 9 | all remedies available under the law. | ||||||
| 10 | (2) After expiration of the period in which judicial | ||||||
| 11 | review under the Illinois Administrative Review Law may be | ||||||
| 12 | sought for a final administrative decision, unless stayed | ||||||
| 13 | by a court of competent jurisdiction, the findings, | ||||||
| 14 | decision, and order of the Director may be enforced in the | ||||||
| 15 | same manner as a judgment entered by a court of competent | ||||||
| 16 | jurisdiction. | ||||||
| 17 | (3) In any case in which any person or entity has | ||||||
| 18 | failed to comply with a judgment ordering or imposing any | ||||||
| 19 | fine or other sanction, any expenses incurred by the | ||||||
| 20 | Illinois Department to enforce the judgment, including, | ||||||
| 21 | but not limited to, attorney's fees, court costs, and costs | ||||||
| 22 | related to property demolition or foreclosure, after they | ||||||
| 23 | are fixed by a court of competent jurisdiction or the | ||||||
| 24 | Director, shall be a debt due and owing the State and may | ||||||
| 25 | be collected in accordance with applicable law. Prior to | ||||||
| 26 | any expenses being fixed by a final administrative decision | ||||||
| |||||||
| |||||||
| 1 | pursuant to this subsection (F-15), the Illinois | ||||||
| 2 | Department shall provide notice to the individual or entity | ||||||
| 3 | that states that the individual or entity shall appear at a | ||||||
| 4 | hearing before the administrative hearing officer to | ||||||
| 5 | determine whether the individual or entity has failed to | ||||||
| 6 | comply with the judgment. The notice shall set the date for | ||||||
| 7 | such a hearing, which shall not be less than 7 days from | ||||||
| 8 | the date that notice is served. If notice is served by | ||||||
| 9 | mail, the 7-day period shall begin to run on the date that | ||||||
| 10 | the notice was deposited in the mail. | ||||||
| 11 | (4) Upon being recorded in the manner required by | ||||||
| 12 | Article XII of the Code of Civil Procedure or by the | ||||||
| 13 | Uniform Commercial Code, a lien shall be imposed on the | ||||||
| 14 | real estate or personal estate, or both, of the individual | ||||||
| 15 | or entity in the amount of any debt due and owing the State | ||||||
| 16 | under this Section. The lien may be enforced in the same | ||||||
| 17 | manner as a judgment of a court of competent jurisdiction. | ||||||
| 18 | A lien shall attach to all property and assets of such | ||||||
| 19 | person, firm, corporation, association, agency, | ||||||
| 20 | institution, or other legal entity until the judgment is | ||||||
| 21 | satisfied. | ||||||
| 22 | (5) The Director may set aside any judgment entered by
| ||||||
| 23 | default and set a new hearing date upon a petition filed at
| ||||||
| 24 | any time (i) if the petitioner's failure to appear at the
| ||||||
| 25 | hearing was for good cause, or (ii) if the petitioner
| ||||||
| 26 | established that the Department did not provide proper
| ||||||
| |||||||
| |||||||
| 1 | service of process. If any judgment is set aside pursuant
| ||||||
| 2 | to this paragraph (5), the hearing officer shall have
| ||||||
| 3 | authority to enter an order extinguishing any lien which
| ||||||
| 4 | has been recorded for any debt due and owing the Illinois
| ||||||
| 5 | Department as a result of the vacated default judgment. | ||||||
| 6 | (G) The provisions of the Administrative Review Law, as now | ||||||
| 7 | or hereafter
amended, and the rules adopted pursuant
thereto, | ||||||
| 8 | shall apply to and govern all proceedings for the judicial
| ||||||
| 9 | review of final administrative decisions of the Illinois | ||||||
| 10 | Department
under this Section. The term "administrative | ||||||
| 11 | decision" is defined as in
Section 3-101 of the Code of Civil | ||||||
| 12 | Procedure.
| ||||||
| 13 | (G-5) Vendors who pose a risk of fraud, waste, abuse, or | ||||||
| 14 | harm.
| ||||||
| 15 | (1) Notwithstanding any other provision in this | ||||||
| 16 | Section, the Department may terminate, suspend, or exclude | ||||||
| 17 | vendors who pose a risk of fraud, waste, abuse, or harm | ||||||
| 18 | from
participation in the medical assistance program prior
| ||||||
| 19 | to an evidentiary hearing but after reasonable notice and | ||||||
| 20 | opportunity to
respond as established by the Department by | ||||||
| 21 | rule.
| ||||||
| 22 | (2) Vendors who pose a risk of fraud, waste, abuse, or | ||||||
| 23 | harm shall submit to a fingerprint-based criminal
| ||||||
| 24 | background check on current and future information | ||||||
| 25 | available in the State
system and current information | ||||||
| 26 | available through the Federal Bureau of
Investigation's | ||||||
| |||||||
| |||||||
| 1 | system by submitting all necessary fees and information in | ||||||
| 2 | the
form and manner
prescribed by the Department of State | ||||||
| 3 | Police. The following individuals shall
be subject to the | ||||||
| 4 | check:
| ||||||
| 5 | (A) In the case of a vendor that is a corporation, | ||||||
| 6 | every shareholder
who owns, directly or indirectly, 5% | ||||||
| 7 | or more of the outstanding shares of
the corporation.
| ||||||
| 8 | (B) In the case of a vendor that is a partnership, | ||||||
| 9 | every partner.
| ||||||
| 10 | (C) In the case of a vendor that is a sole | ||||||
| 11 | proprietorship, the sole
proprietor.
| ||||||
| 12 | (D) Each officer or manager of the vendor.
| ||||||
| 13 | Each such vendor shall be responsible for payment of | ||||||
| 14 | the cost of the
criminal background check.
| ||||||
| 15 | (3) Vendors who pose a risk of fraud, waste, abuse, or | ||||||
| 16 | harm may be
required to post a surety bond. The Department | ||||||
| 17 | shall establish, by rule, the
criteria and requirements for | ||||||
| 18 | determining when a surety bond must be posted and
the value | ||||||
| 19 | of the bond.
| ||||||
| 20 | (4) The Department, or its agents, may refuse to accept | ||||||
| 21 | requests for authorization from specific vendors who pose a | ||||||
| 22 | risk of fraud, waste, abuse, or harm, including | ||||||
| 23 | prior-approval and
post-approval requests, if:
| ||||||
| 24 | (A) the Department has initiated a notice of | ||||||
| 25 | termination, suspension, or exclusion of the
vendor | ||||||
| 26 | from participation in the medical assistance program; | ||||||
| |||||||
| |||||||
| 1 | or
| ||||||
| 2 | (B) the Department has issued notification of its | ||||||
| 3 | withholding of
payments pursuant to subsection (F-5) | ||||||
| 4 | of this Section; or
| ||||||
| 5 | (C) the Department has issued a notification of its | ||||||
| 6 | withholding of
payments due to reliable evidence of | ||||||
| 7 | fraud or willful misrepresentation
pending | ||||||
| 8 | investigation.
| ||||||
| 9 | (5) As used in this subsection, the following terms are | ||||||
| 10 | defined as follows: | ||||||
| 11 | (A) "Fraud" means an intentional deception or | ||||||
| 12 | misrepresentation made by a person with the knowledge | ||||||
| 13 | that the deception could result in some unauthorized | ||||||
| 14 | benefit to himself or herself or some other person. It | ||||||
| 15 | includes any act that constitutes fraud under | ||||||
| 16 | applicable federal or State law. | ||||||
| 17 | (B) "Abuse" means provider practices that are | ||||||
| 18 | inconsistent with sound fiscal, business, or medical | ||||||
| 19 | practices and that result in an unnecessary cost to the | ||||||
| 20 | medical assistance program or in reimbursement for | ||||||
| 21 | services that are not medically necessary or that fail | ||||||
| 22 | to meet professionally recognized standards for health | ||||||
| 23 | care. It also includes recipient practices that result | ||||||
| 24 | in unnecessary cost to the medical assistance program. | ||||||
| 25 | Abuse does not include diagnostic or therapeutic | ||||||
| 26 | measures conducted primarily as a safeguard against | ||||||
| |||||||
| |||||||
| 1 | possible vendor liability. | ||||||
| 2 | (C) "Waste" means the unintentional misuse of | ||||||
| 3 | medical assistance resources, resulting in unnecessary | ||||||
| 4 | cost to the medical assistance program. Waste does not | ||||||
| 5 | include diagnostic or therapeutic measures conducted | ||||||
| 6 | primarily as a safeguard against possible vendor | ||||||
| 7 | liability. | ||||||
| 8 | (D) "Harm" means physical, mental, or monetary | ||||||
| 9 | damage to recipients or to the medical assistance | ||||||
| 10 | program. | ||||||
| 11 | (G-6) The Illinois Department, upon making a determination | ||||||
| 12 | based upon information in the possession of the Illinois | ||||||
| 13 | Department that continuation of participation in the medical | ||||||
| 14 | assistance program by a vendor would constitute an immediate | ||||||
| 15 | danger to the public, may immediately suspend such vendor's | ||||||
| 16 | participation in the medical assistance program without a | ||||||
| 17 | hearing. In instances in which the Illinois Department | ||||||
| 18 | immediately suspends the medical assistance program | ||||||
| 19 | participation of a vendor under this Section, a hearing upon | ||||||
| 20 | the vendor's participation must be convened by the Illinois | ||||||
| 21 | Department within 15 days after such suspension and completed | ||||||
| 22 | without appreciable delay. Such hearing shall be held to | ||||||
| 23 | determine whether to recommend to the Director that the | ||||||
| 24 | vendor's medical assistance program participation be denied, | ||||||
| 25 | terminated, suspended, placed on provisional status, or | ||||||
| 26 | reinstated. In the hearing, any evidence relevant to the vendor | ||||||
| |||||||
| |||||||
| 1 | constituting an immediate danger to the public may be | ||||||
| 2 | introduced against such vendor; provided, however, that the | ||||||
| 3 | vendor, or his or her counsel, shall have the opportunity to | ||||||
| 4 | discredit, impeach, and submit evidence rebutting such | ||||||
| 5 | evidence. | ||||||
| 6 | (H) Nothing contained in this Code shall in any way limit | ||||||
| 7 | or
otherwise impair the authority or power of any State agency | ||||||
| 8 | responsible
for licensing of vendors.
| ||||||
| 9 | (I) Based on a finding of noncompliance on the part of a | ||||||
| 10 | nursing home with
any requirement for certification under Title | ||||||
| 11 | XVIII or XIX of the Social
Security Act (42 U.S.C. Sec. 1395 et | ||||||
| 12 | seq. or 42 U.S.C. Sec. 1396 et seq.), the
Illinois Department | ||||||
| 13 | may impose one or more of the following remedies after
notice | ||||||
| 14 | to the facility:
| ||||||
| 15 | (1) Termination of the provider agreement.
| ||||||
| 16 | (2) Temporary management.
| ||||||
| 17 | (3) Denial of payment for new admissions.
| ||||||
| 18 | (4) Civil money penalties.
| ||||||
| 19 | (5) Closure of the facility in emergency situations or | ||||||
| 20 | transfer of
residents, or both.
| ||||||
| 21 | (6) State monitoring.
| ||||||
| 22 | (7) Denial of all payments when the U.S. Department of | ||||||
| 23 | Health and Human Services has
imposed this sanction.
| ||||||
| 24 | The Illinois Department shall by rule establish criteria | ||||||
| 25 | governing continued
payments to a nursing facility subsequent | ||||||
| 26 | to termination of the facility's
provider agreement if, in the | ||||||
| |||||||
| |||||||
| 1 | sole discretion of the Illinois Department,
circumstances | ||||||
| 2 | affecting the health, safety, and welfare of the facility's
| ||||||
| 3 | residents require those continued payments. The Illinois | ||||||
| 4 | Department may
condition those continued payments on the | ||||||
| 5 | appointment of temporary management,
sale of the facility to | ||||||
| 6 | new owners or operators, or other
arrangements that the | ||||||
| 7 | Illinois Department determines best serve the needs of
the | ||||||
| 8 | facility's residents.
| ||||||
| 9 | Except in the case of a facility that has a right to a | ||||||
| 10 | hearing on the finding
of noncompliance before an agency of the | ||||||
| 11 | federal government, a facility may
request a hearing before a | ||||||
| 12 | State agency on any finding of noncompliance within
60 days | ||||||
| 13 | after the notice of the intent to impose a remedy. Except in | ||||||
| 14 | the case
of civil money penalties, a request for a hearing | ||||||
| 15 | shall not delay imposition of
the penalty. The choice of | ||||||
| 16 | remedies is not appealable at a hearing. The level
of | ||||||
| 17 | noncompliance may be challenged only in the case of a civil | ||||||
| 18 | money penalty.
The Illinois Department shall provide by rule | ||||||
| 19 | for the State agency that will
conduct the evidentiary | ||||||
| 20 | hearings.
| ||||||
| 21 | The Illinois Department may collect interest on unpaid | ||||||
| 22 | civil money penalties.
| ||||||
| 23 | The Illinois Department may adopt all rules necessary to | ||||||
| 24 | implement this
subsection (I).
| ||||||
| 25 | (J) The Illinois Department, by rule, may permit individual | ||||||
| 26 | practitioners to designate that Department payments that may be | ||||||
| |||||||
| |||||||
| 1 | due the practitioner be made to an alternate payee or alternate | ||||||
| 2 | payees. | ||||||
| 3 | (a) Such alternate payee or alternate payees shall be | ||||||
| 4 | required to register as an alternate payee in the Medical | ||||||
| 5 | Assistance Program with the Illinois Department. | ||||||
| 6 | (b) If a practitioner designates an alternate payee, | ||||||
| 7 | the alternate payee and practitioner shall be jointly and | ||||||
| 8 | severally liable to the Department for payments made to the | ||||||
| 9 | alternate payee. Pursuant to subsection (E) of this | ||||||
| 10 | Section, any Department action to suspend or deny payment | ||||||
| 11 | or recover money or overpayments from an alternate payee | ||||||
| 12 | shall be subject to an administrative hearing. | ||||||
| 13 | (c) Registration as an alternate payee or alternate | ||||||
| 14 | payees in the Illinois Medical Assistance Program shall be | ||||||
| 15 | conditional. At any time, the Illinois Department may deny | ||||||
| 16 | or cancel any alternate payee's registration in the | ||||||
| 17 | Illinois Medical Assistance Program without cause. Any | ||||||
| 18 | such denial or cancellation is not subject to an | ||||||
| 19 | administrative hearing. | ||||||
| 20 | (d) The Illinois Department may seek a revocation of | ||||||
| 21 | any alternate payee, and all owners, officers, and | ||||||
| 22 | individuals with management responsibility for such | ||||||
| 23 | alternate payee shall be permanently prohibited from | ||||||
| 24 | participating as an owner, an officer, or an individual | ||||||
| 25 | with management responsibility with an alternate payee in | ||||||
| 26 | the Illinois Medical Assistance Program, if after | ||||||
| |||||||
| |||||||
| 1 | reasonable notice and opportunity for a hearing the | ||||||
| 2 | Illinois Department finds that: | ||||||
| 3 | (1) the alternate payee is not complying with the | ||||||
| 4 | Department's policy or rules and regulations, or with | ||||||
| 5 | the terms and conditions prescribed by the Illinois | ||||||
| 6 | Department in its alternate payee registration | ||||||
| 7 | agreement; or | ||||||
| 8 | (2) the alternate payee has failed to keep or make | ||||||
| 9 | available for inspection, audit, or copying, after | ||||||
| 10 | receiving a written request from the Illinois | ||||||
| 11 | Department, such records regarding payments claimed as | ||||||
| 12 | an alternate payee; or | ||||||
| 13 | (3) the alternate payee has failed to furnish any | ||||||
| 14 | information requested by the Illinois Department | ||||||
| 15 | regarding payments claimed as an alternate payee; or | ||||||
| 16 | (4) the alternate payee has knowingly made, or | ||||||
| 17 | caused to be made, any false statement or | ||||||
| 18 | representation of a material fact in connection with | ||||||
| 19 | the administration of the Illinois Medical Assistance | ||||||
| 20 | Program; or | ||||||
| 21 | (5) the alternate payee, a person with management | ||||||
| 22 | responsibility for an alternate payee, an officer or | ||||||
| 23 | person owning, either directly or indirectly, 5% or | ||||||
| 24 | more of the shares of stock or other evidences of | ||||||
| 25 | ownership in a corporate alternate payee, or a partner | ||||||
| 26 | in a partnership which is an alternate payee: | ||||||
| |||||||
| |||||||
| 1 | (a) was previously terminated, suspended, or | ||||||
| 2 | excluded from participation as a vendor in the | ||||||
| 3 | Illinois Medical Assistance Program, or was | ||||||
| 4 | previously revoked as an alternate payee in the | ||||||
| 5 | Illinois Medical Assistance Program, or was | ||||||
| 6 | terminated, suspended, or excluded from | ||||||
| 7 | participation as a vendor in a medical assistance | ||||||
| 8 | program in another state that is of the same kind | ||||||
| 9 | as the program of medical assistance provided | ||||||
| 10 | under Article V of this Code; or | ||||||
| 11 | (b) was a person with management | ||||||
| 12 | responsibility for a vendor previously terminated, | ||||||
| 13 | suspended, or excluded from participation as a | ||||||
| 14 | vendor in the Illinois Medical Assistance Program, | ||||||
| 15 | or was previously revoked as an alternate payee in | ||||||
| 16 | the Illinois Medical Assistance Program, or was | ||||||
| 17 | terminated, suspended, or excluded from | ||||||
| 18 | participation as a vendor in a medical assistance | ||||||
| 19 | program in another state that is of the same kind | ||||||
| 20 | as the program of medical assistance provided | ||||||
| 21 | under Article V of this Code, during the time of | ||||||
| 22 | conduct which was the basis for that vendor's | ||||||
| 23 | termination, suspension, or exclusion or alternate | ||||||
| 24 | payee's revocation; or | ||||||
| 25 | (c) was an officer, or person owning, either | ||||||
| 26 | directly or indirectly, 5% or more of the shares of | ||||||
| |||||||
| |||||||
| 1 | stock or other evidences of ownership in a | ||||||
| 2 | corporate vendor previously terminated, suspended, | ||||||
| 3 | or excluded from participation as a vendor in the | ||||||
| 4 | Illinois Medical Assistance Program, or was | ||||||
| 5 | previously revoked as an alternate payee in the | ||||||
| 6 | Illinois Medical Assistance Program, or was | ||||||
| 7 | terminated, suspended, or excluded from | ||||||
| 8 | participation as a vendor in a medical assistance | ||||||
| 9 | program in another state that is of the same kind | ||||||
| 10 | as the program of medical assistance provided | ||||||
| 11 | under Article V of this Code, during the time of | ||||||
| 12 | conduct which was the basis for that vendor's | ||||||
| 13 | termination, suspension, or exclusion; or | ||||||
| 14 | (d) was an owner of a sole proprietorship or | ||||||
| 15 | partner in a partnership previously terminated, | ||||||
| 16 | suspended, or excluded from participation as a | ||||||
| 17 | vendor in the Illinois Medical Assistance Program, | ||||||
| 18 | or was previously revoked as an alternate payee in | ||||||
| 19 | the Illinois Medical Assistance Program, or was | ||||||
| 20 | terminated, suspended, or excluded from | ||||||
| 21 | participation as a vendor in a medical assistance | ||||||
| 22 | program in another state that is of the same kind | ||||||
| 23 | as the program of medical assistance provided | ||||||
| 24 | under Article V of this Code, during the time of | ||||||
| 25 | conduct which was the basis for that vendor's | ||||||
| 26 | termination, suspension, or exclusion or alternate | ||||||
| |||||||
| |||||||
| 1 | payee's revocation; or | ||||||
| 2 | (6) the alternate payee, a person with management | ||||||
| 3 | responsibility for an alternate payee, an officer or | ||||||
| 4 | person owning, either directly or indirectly, 5% or | ||||||
| 5 | more of the shares of stock or other evidences of | ||||||
| 6 | ownership in a corporate alternate payee, or a partner | ||||||
| 7 | in a partnership which is an alternate payee: | ||||||
| 8 | (a) has engaged in conduct prohibited by | ||||||
| 9 | applicable federal or State law or regulation | ||||||
| 10 | relating to the Illinois Medical Assistance | ||||||
| 11 | Program; or | ||||||
| 12 | (b) was a person with management | ||||||
| 13 | responsibility for a vendor or alternate payee at | ||||||
| 14 | the time that the vendor or alternate payee engaged | ||||||
| 15 | in practices prohibited by applicable federal or | ||||||
| 16 | State law or regulation relating to the Illinois | ||||||
| 17 | Medical Assistance Program; or | ||||||
| 18 | (c) was an officer, or person owning, either | ||||||
| 19 | directly or indirectly, 5% or more of the shares of | ||||||
| 20 | stock or other evidences of ownership in a vendor | ||||||
| 21 | or alternate payee at the time such vendor or | ||||||
| 22 | alternate payee engaged in practices prohibited by | ||||||
| 23 | applicable federal or State law or regulation | ||||||
| 24 | relating to the Illinois Medical Assistance | ||||||
| 25 | Program; or | ||||||
| 26 | (d) was an owner of a sole proprietorship or | ||||||
| |||||||
| |||||||
| 1 | partner in a partnership which was a vendor or | ||||||
| 2 | alternate payee at the time such vendor or | ||||||
| 3 | alternate payee engaged in practices prohibited by | ||||||
| 4 | applicable federal or State law or regulation | ||||||
| 5 | relating to the Illinois Medical Assistance | ||||||
| 6 | Program; or | ||||||
| 7 | (7) the direct or indirect ownership of the vendor | ||||||
| 8 | or alternate payee (including the ownership of a vendor | ||||||
| 9 | or alternate payee that is a partner's interest in a | ||||||
| 10 | vendor or alternate payee, or ownership of 5% or more | ||||||
| 11 | of the shares of stock or other evidences of ownership | ||||||
| 12 | in a corporate vendor or alternate payee) has been | ||||||
| 13 | transferred by an individual who is terminated, | ||||||
| 14 | suspended, or excluded or barred from participating as | ||||||
| 15 | a vendor or is prohibited or revoked as an alternate | ||||||
| 16 | payee to the individual's spouse, child, brother, | ||||||
| 17 | sister, parent, grandparent, grandchild, uncle, aunt, | ||||||
| 18 | niece, nephew, cousin, or relative by marriage. | ||||||
| 19 | (K) The Illinois Department of Healthcare and Family | ||||||
| 20 | Services may withhold payments, in whole or in part, to a | ||||||
| 21 | provider or alternate payee where there is credible evidence, | ||||||
| 22 | received from State or federal law enforcement or federal | ||||||
| 23 | oversight agencies or from the results of a preliminary | ||||||
| 24 | Department audit, that the circumstances giving rise to the | ||||||
| 25 | need for a withholding of payments may involve fraud or willful | ||||||
| 26 | misrepresentation under the Illinois Medical Assistance | ||||||
| |||||||
| |||||||
| 1 | program. The Department shall by rule define what constitutes | ||||||
| 2 | "credible" evidence for purposes of this subsection. The | ||||||
| 3 | Department may withhold payments without first notifying the | ||||||
| 4 | provider or alternate payee of its intention to withhold such | ||||||
| 5 | payments. A provider or alternate payee may request a | ||||||
| 6 | reconsideration of payment withholding, and the Department | ||||||
| 7 | must grant such a request. The Department shall state by rule a | ||||||
| 8 | process and criteria by which a provider or alternate payee may | ||||||
| 9 | request full or partial release of payments withheld under this | ||||||
| 10 | subsection. This request may be made at any time after the | ||||||
| 11 | Department first withholds such payments. | ||||||
| 12 | (a) The Illinois Department must send notice of its
| ||||||
| 13 | withholding of program payments within 5 days of taking | ||||||
| 14 | such action. The notice must set forth the general | ||||||
| 15 | allegations as to the nature of the withholding action, but | ||||||
| 16 | need not disclose any specific information concerning its | ||||||
| 17 | ongoing investigation. The notice must do all of the | ||||||
| 18 | following: | ||||||
| 19 | (1) State that payments are being withheld in
| ||||||
| 20 | accordance with this subsection. | ||||||
| 21 | (2) State that the withholding is for a temporary
| ||||||
| 22 | period, as stated in paragraph (b) of this
subsection, | ||||||
| 23 | and cite the circumstances under which
withholding | ||||||
| 24 | will be terminated. | ||||||
| 25 | (3) Specify, when appropriate, which type or types
| ||||||
| 26 | of Medicaid claims withholding is effective. | ||||||
| |||||||
| |||||||
| 1 | (4) Inform the provider or alternate payee of the
| ||||||
| 2 | right to submit written evidence for reconsideration | ||||||
| 3 | of the withholding by
the Illinois Department. | ||||||
| 4 | (5) Inform the provider or alternate payee that a | ||||||
| 5 | written request may be made to the Illinois Department | ||||||
| 6 | for full or partial release of withheld payments and | ||||||
| 7 | that such requests may be made at any time after the | ||||||
| 8 | Department first withholds such payments.
| ||||||
| 9 | (b) All withholding-of-payment actions under this
| ||||||
| 10 | subsection shall be temporary and shall not continue after | ||||||
| 11 | any of the following: | ||||||
| 12 | (1) The Illinois Department or the prosecuting
| ||||||
| 13 | authorities determine that there is insufficient
| ||||||
| 14 | evidence of fraud or willful misrepresentation by the
| ||||||
| 15 | provider or alternate payee. | ||||||
| 16 | (2) Legal proceedings related to the provider's or
| ||||||
| 17 | alternate payee's alleged fraud, willful
| ||||||
| 18 | misrepresentation, violations of this Act, or
| ||||||
| 19 | violations of the Illinois Department's administrative
| ||||||
| 20 | rules are completed. | ||||||
| 21 | (3) The withholding of payments for a period of 3 | ||||||
| 22 | years.
| ||||||
| 23 | (c) The Illinois Department may adopt all rules | ||||||
| 24 | necessary
to implement this subsection (K).
| ||||||
| 25 | (K-5) The Illinois Department may withhold payments, in | ||||||
| 26 | whole or in part, to a provider or alternate payee upon | ||||||
| |||||||
| |||||||
| 1 | initiation of an audit, quality of care review, investigation | ||||||
| 2 | when there is a credible allegation of fraud, or the provider | ||||||
| 3 | or alternate payee demonstrating a clear failure to cooperate | ||||||
| 4 | with the Illinois Department such that the circumstances give | ||||||
| 5 | rise to the need for a withholding of payments. As used in this | ||||||
| 6 | subsection, "credible allegation" is defined to include an | ||||||
| 7 | allegation from any source, including, but not limited to, | ||||||
| 8 | fraud hotline complaints, claims data mining, patterns | ||||||
| 9 | identified through provider audits, civil actions filed under | ||||||
| 10 | the Illinois False Claims Act, and law enforcement | ||||||
| 11 | investigations. An allegation is considered to be credible when | ||||||
| 12 | it has indicia of reliability. The Illinois Department may | ||||||
| 13 | withhold payments without first notifying the provider or | ||||||
| 14 | alternate payee of its intention to withhold such payments. A | ||||||
| 15 | provider or alternate payee may request a hearing or a | ||||||
| 16 | reconsideration of payment withholding, and the Illinois | ||||||
| 17 | Department must grant such a request. The Illinois Department | ||||||
| 18 | shall state by rule a process and criteria by which a provider | ||||||
| 19 | or alternate payee may request a hearing or a reconsideration | ||||||
| 20 | for the full or partial release of payments withheld under this | ||||||
| 21 | subsection. This request may be made at any time after the | ||||||
| 22 | Illinois Department first withholds such payments. | ||||||
| 23 | (a) The Illinois Department must send notice of its | ||||||
| 24 | withholding of program payments within 5 days of taking | ||||||
| 25 | such action. The notice must set forth the general | ||||||
| 26 | allegations as to the nature of the withholding action but | ||||||
| |||||||
| |||||||
| 1 | need not disclose any specific information concerning its | ||||||
| 2 | ongoing investigation. The notice must do all of the | ||||||
| 3 | following: | ||||||
| 4 | (1) State that payments are being withheld in | ||||||
| 5 | accordance with this subsection. | ||||||
| 6 | (2) State that the withholding is for a temporary | ||||||
| 7 | period, as stated in paragraph (b) of this subsection, | ||||||
| 8 | and cite the circumstances under which withholding | ||||||
| 9 | will be terminated. | ||||||
| 10 | (3) Specify, when appropriate, which type or types | ||||||
| 11 | of claims are withheld. | ||||||
| 12 | (4) Inform the provider or alternate payee of the | ||||||
| 13 | right to request a hearing or a reconsideration of the | ||||||
| 14 | withholding by the Illinois Department, including the | ||||||
| 15 | ability to submit written evidence. | ||||||
| 16 | (5) Inform the provider or alternate payee that a | ||||||
| 17 | written request may be made to the Illinois Department | ||||||
| 18 | for a hearing or a reconsideration for the full or | ||||||
| 19 | partial release of withheld payments and that such | ||||||
| 20 | requests may be made at any time after the Illinois | ||||||
| 21 | Department first withholds such payments. | ||||||
| 22 | (b) All withholding of payment actions under this | ||||||
| 23 | subsection shall be temporary and shall not continue after | ||||||
| 24 | any of the following: | ||||||
| 25 | (1) The Illinois Department determines that there | ||||||
| 26 | is insufficient evidence of fraud, or the provider or | ||||||
| |||||||
| |||||||
| 1 | alternate payee demonstrates clear cooperation with | ||||||
| 2 | the Illinois Department, as determined by the Illinois | ||||||
| 3 | Department, such that the circumstances do not give | ||||||
| 4 | rise to the need for withholding of payments; or | ||||||
| 5 | (2) The withholding of payments has lasted for a | ||||||
| 6 | period in excess of 3 years. | ||||||
| 7 | (c) The Illinois Department may adopt all rules | ||||||
| 8 | necessary to implement this subsection (K-5). | ||||||
| 9 | (L) The Illinois Department shall establish a protocol to | ||||||
| 10 | enable health care providers to disclose an actual or potential | ||||||
| 11 | violation of this Section pursuant to a self-referral | ||||||
| 12 | disclosure protocol, referred to in this subsection as "the | ||||||
| 13 | protocol". The protocol shall include direction for health care | ||||||
| 14 | providers on a specific person, official, or office to whom | ||||||
| 15 | such disclosures shall be made. The Illinois Department shall | ||||||
| 16 | post information on the protocol on the Illinois Department's | ||||||
| 17 | public website. The Illinois Department may adopt rules | ||||||
| 18 | necessary to implement this subsection (L). In addition to | ||||||
| 19 | other factors that the Illinois Department finds appropriate, | ||||||
| 20 | the Illinois Department may consider a health care provider's | ||||||
| 21 | timely use or failure to use the protocol in considering the | ||||||
| 22 | provider's failure to comply with this Code. | ||||||
| 23 | (M) Notwithstanding any other provision of this Code, the | ||||||
| 24 | Illinois Department, at its discretion, may exempt an entity | ||||||
| 25 | licensed under the Nursing Home Care Act and the ID/DD | ||||||
| 26 | Community Care Act from the provisions of subsections (A-15), | ||||||
| |||||||
| |||||||
| 1 | (B), and (C) of this Section if the licensed entity is in | ||||||
| 2 | receivership. | ||||||
| 3 | (Source: P.A. 97-689, eff. 6-14-12; 97-1150, eff. 1-25-13; | ||||||
| 4 | 98-214, eff. 8-9-13; 98-550, eff. 8-27-13; revised 9-19-13.)
| ||||||
| 5 | (305 ILCS 5/12-4.45) | ||||||
| 6 | Sec. 12-4.45. Third party liability. | ||||||
| 7 | (a) To the extent authorized under federal law, the | ||||||
| 8 | Department of Healthcare and Family Services shall identify | ||||||
| 9 | individuals receiving services under medical assistance | ||||||
| 10 | programs funded or partially funded by the State who may be or | ||||||
| 11 | may have been covered by a third party health insurer, the | ||||||
| 12 | period of coverage for such individuals, and the nature of | ||||||
| 13 | coverage. A company, as defined in Section 5.5 of the Illinois | ||||||
| 14 | Insurance Code and Section 2 of the Comprehensive Health | ||||||
| 15 | Insurance Plan Act, must provide the Department eligibility | ||||||
| 16 | information in a federally recommended or mutually agreed-upon | ||||||
| 17 | format that includes at a minimum: | ||||||
| 18 | (1) The names, addresses, dates, and sex of primary | ||||||
| 19 | covered persons. | ||||||
| 20 | (2) The policy group numbers of the covered persons. | ||||||
| 21 | (3) The names, dates of birth, and sex of covered | ||||||
| 22 | dependents, and the relationship of dependents to the | ||||||
| 23 | primary covered person. | ||||||
| 24 | (4) The effective dates of coverage for each covered | ||||||
| 25 | person. | ||||||
| |||||||
| |||||||
| 1 | (5) The generally defined covered services | ||||||
| 2 | information, such as drugs, medical, or any other similar | ||||||
| 3 | description of services covered. | ||||||
| 4 | (b) The Department may impose an administrative penalty on | ||||||
| 5 | a company that does not comply with the request for information | ||||||
| 6 | made under Section 5.5 of the Illinois Insurance Code and | ||||||
| 7 | paragraph (3) of subsection (a) of Section 20 of the Covering | ||||||
| 8 | ALL KIDS Health Insurance Act. The amount of the penalty shall | ||||||
| 9 | not exceed $10,000 per day for each day of noncompliance that | ||||||
| 10 | occurs after the 180th day after the date of the request. The | ||||||
| 11 | first day of the 180-day period commences on the business day | ||||||
| 12 | following the date of the correspondence requesting the | ||||||
| 13 | information sent by the Department to the company. The amount | ||||||
| 14 | shall be based on: | ||||||
| 15 | (1) The seriousness of the violation, including the | ||||||
| 16 | nature, circumstances, extent, and gravity of the | ||||||
| 17 | violation. | ||||||
| 18 | (2) The economic harm caused by the violation. | ||||||
| 19 | (3) The history of previous violations. | ||||||
| 20 | (4) The amount necessary to deter a future violation. | ||||||
| 21 | (5) Efforts to correct the violation. | ||||||
| 22 | (6) Any other matter that justice may require. | ||||||
| 23 | (c) The enforcement of the penalty may be stayed during the | ||||||
| 24 | time the order is under administrative review if the company | ||||||
| 25 | files an appeal. | ||||||
| 26 | (d) The Attorney General may bring suit on behalf of the | ||||||
| |||||||
| |||||||
| 1 | Department to collect the penalty. | ||||||
| 2 | (e) Recoveries made by the Department in connection with | ||||||
| 3 | the imposition of an administrative penalty as provided under | ||||||
| 4 | this Section shall be deposited into the Public Aid Recoveries | ||||||
| 5 | Trust Fund created under Section 12-9.
| ||||||
| 6 | (Source: P.A. 98-130, eff. 8-2-13.)
| ||||||
| 7 | (305 ILCS 5/12-4.46) | ||||||
| 8 | Sec. 12-4.46 12-4.45. Change in legal guardianship; | ||||||
| 9 | notification. Whenever there is a change in legal guardianship | ||||||
| 10 | of a minor child who receives benefits under this Code, the | ||||||
| 11 | appropriate State agency shall immediately inform the | ||||||
| 12 | Department of Human Services of the change in legal | ||||||
| 13 | guardianship to ensure such benefits are sent directly to the | ||||||
| 14 | minor child's legal guardian. | ||||||
| 15 | For purposes of this Section, "legal guardian" means a | ||||||
| 16 | person appointed guardian, or given custody, of a minor by a | ||||||
| 17 | circuit court of the State, but does not include a person | ||||||
| 18 | appointed guardian, or given custody, of a minor under the | ||||||
| 19 | Juvenile Court Act or the Juvenile Court Act of 1987.
| ||||||
| 20 | (Source: P.A. 98-256, eff. 8-9-13; revised 10-31-13.)
| ||||||
| 21 | Section 545. The Adult Protective Services Act is amended | ||||||
| 22 | by changing Sections 2 and 7.5 as follows:
| ||||||
| 23 | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 2 | context
requires otherwise:
| ||||||
| 3 | (a) "Abuse" means causing any physical, mental or sexual | ||||||
| 4 | injury to an
eligible adult, including exploitation of such | ||||||
| 5 | adult's financial resources.
| ||||||
| 6 | Nothing in this Act shall be construed to mean that an | ||||||
| 7 | eligible adult is a
victim of abuse, neglect, or self-neglect | ||||||
| 8 | for the sole reason that he or she is being
furnished with or | ||||||
| 9 | relies upon treatment by spiritual means through prayer
alone, | ||||||
| 10 | in accordance with the tenets and practices of a recognized | ||||||
| 11 | church
or religious denomination.
| ||||||
| 12 | Nothing in this Act shall be construed to mean that an | ||||||
| 13 | eligible adult is a
victim of abuse because of health care | ||||||
| 14 | services provided or not provided by
licensed health care | ||||||
| 15 | professionals.
| ||||||
| 16 | (a-5) "Abuser" means a person who abuses, neglects, or | ||||||
| 17 | financially
exploits an eligible adult.
| ||||||
| 18 | (a-6) "Adult with disabilities" means a person aged 18 | ||||||
| 19 | through 59 who resides in a domestic living situation and whose | ||||||
| 20 | disability impairs his or her ability to seek or obtain | ||||||
| 21 | protection from abuse, neglect, or exploitation. | ||||||
| 22 | (a-7) "Caregiver" means a person who either as a result of | ||||||
| 23 | a family
relationship, voluntarily, or in exchange for | ||||||
| 24 | compensation has assumed
responsibility for all or a portion of | ||||||
| 25 | the care of an eligible adult who needs
assistance with | ||||||
| 26 | activities of daily
living.
| ||||||
| |||||||
| |||||||
| 1 | (b) "Department" means the Department on Aging of the State | ||||||
| 2 | of Illinois.
| ||||||
| 3 | (c) "Director" means the Director of the Department.
| ||||||
| 4 | (c-5) "Disability" means a physical or mental disability, | ||||||
| 5 | including, but not limited to, a developmental disability, an | ||||||
| 6 | intellectual disability, a mental illness as defined under the | ||||||
| 7 | Mental Health and Developmental Disabilities Code, or dementia | ||||||
| 8 | as defined under the Alzheimer's Disease Assistance Act. | ||||||
| 9 | (d) "Domestic living situation" means a residence where the | ||||||
| 10 | eligible
adult at the time of the report lives alone or with | ||||||
| 11 | his or her family or a caregiver, or others,
or other | ||||||
| 12 | community-based unlicensed facility, but
is not:
| ||||||
| 13 | (1) A licensed facility as defined in Section 1-113 of | ||||||
| 14 | the Nursing Home
Care Act;
| ||||||
| 15 | (1.5) A facility licensed under the ID/DD Community | ||||||
| 16 | Care Act; | ||||||
| 17 | (1.7) A facility licensed under the Specialized Mental | ||||||
| 18 | Health Rehabilitation Act of 2013;
| ||||||
| 19 | (2) A "life care facility" as defined in the Life Care | ||||||
| 20 | Facilities Act;
| ||||||
| 21 | (3) A home, institution, or other place operated by the | ||||||
| 22 | federal
government or agency thereof or by the State of | ||||||
| 23 | Illinois;
| ||||||
| 24 | (4) A hospital, sanitarium, or other institution, the | ||||||
| 25 | principal activity
or business of which is the diagnosis, | ||||||
| 26 | care, and treatment of human illness
through the | ||||||
| |||||||
| |||||||
| 1 | maintenance and operation of organized facilities | ||||||
| 2 | therefor,
which is required to be licensed under the | ||||||
| 3 | Hospital Licensing Act;
| ||||||
| 4 | (5) A "community living facility" as defined in the | ||||||
| 5 | Community Living
Facilities Licensing Act;
| ||||||
| 6 | (6) (Blank);
| ||||||
| 7 | (7) A "community-integrated living arrangement" as | ||||||
| 8 | defined in
the Community-Integrated Living Arrangements | ||||||
| 9 | Licensure and Certification Act or a "community | ||||||
| 10 | residential alternative" as licensed under that Act;
| ||||||
| 11 | (8) An assisted living or shared housing establishment | ||||||
| 12 | as defined in the Assisted Living and Shared Housing Act; | ||||||
| 13 | or
| ||||||
| 14 | (9) A supportive living facility as described in | ||||||
| 15 | Section 5-5.01a of the Illinois Public Aid Code.
| ||||||
| 16 | (e) "Eligible adult" means either an adult with | ||||||
| 17 | disabilities aged 18 through 59 or a person aged 60 or older | ||||||
| 18 | who
resides in a domestic living situation and is, or is | ||||||
| 19 | alleged
to be, abused, neglected, or financially exploited by | ||||||
| 20 | another individual or who neglects himself or herself.
| ||||||
| 21 | (f) "Emergency" means a situation in which an eligible | ||||||
| 22 | adult is living
in conditions presenting a risk of death or | ||||||
| 23 | physical, mental or sexual
injury and the provider agency has | ||||||
| 24 | reason to believe the eligible adult is
unable to
consent to | ||||||
| 25 | services which would alleviate that risk.
| ||||||
| 26 | (f-1) "Financial exploitation" means the use of an eligible | ||||||
| |||||||
| |||||||
| 1 | adult's resources by another to the disadvantage of that adult | ||||||
| 2 | or the profit or advantage of a person other than that adult. | ||||||
| 3 | (f-5) "Mandated reporter" means any of the following | ||||||
| 4 | persons
while engaged in carrying out their professional | ||||||
| 5 | duties:
| ||||||
| 6 | (1) a professional or professional's delegate while | ||||||
| 7 | engaged in: (i) social
services, (ii) law enforcement, | ||||||
| 8 | (iii) education, (iv) the care of an eligible
adult or | ||||||
| 9 | eligible adults, or (v) any of the occupations required to | ||||||
| 10 | be licensed
under
the Clinical Psychologist Licensing Act, | ||||||
| 11 | the Clinical Social Work and Social
Work Practice Act, the | ||||||
| 12 | Illinois Dental Practice Act, the Dietitian Nutritionist | ||||||
| 13 | Practice Act, the Marriage and Family Therapy Licensing | ||||||
| 14 | Act, the
Medical Practice Act of 1987, the Naprapathic | ||||||
| 15 | Practice Act, the
Nurse Practice Act, the Nursing Home
| ||||||
| 16 | Administrators Licensing and
Disciplinary Act, the | ||||||
| 17 | Illinois Occupational Therapy Practice Act, the Illinois
| ||||||
| 18 | Optometric Practice Act of 1987, the Pharmacy Practice Act, | ||||||
| 19 | the
Illinois Physical Therapy Act, the Physician Assistant | ||||||
| 20 | Practice Act of 1987,
the Podiatric Medical Practice Act of | ||||||
| 21 | 1987, the Respiratory Care Practice
Act,
the Professional | ||||||
| 22 | Counselor and
Clinical Professional Counselor Licensing | ||||||
| 23 | and Practice Act, the Illinois Speech-Language
Pathology | ||||||
| 24 | and Audiology Practice Act, the Veterinary Medicine and | ||||||
| 25 | Surgery
Practice Act of 2004, and the Illinois Public | ||||||
| 26 | Accounting Act;
| ||||||
| |||||||
| |||||||
| 1 | (1.5) an employee of an entity providing developmental | ||||||
| 2 | disabilities services or service coordination funded by | ||||||
| 3 | the Department of Human Services;
| ||||||
| 4 | (2) an employee of a vocational rehabilitation | ||||||
| 5 | facility prescribed or
supervised by the Department of | ||||||
| 6 | Human Services;
| ||||||
| 7 | (3) an administrator, employee, or person providing | ||||||
| 8 | services in or through
an unlicensed community based | ||||||
| 9 | facility;
| ||||||
| 10 | (4) any religious practitioner who provides treatment | ||||||
| 11 | by prayer or spiritual means alone in accordance with the | ||||||
| 12 | tenets and practices of a recognized church or religious | ||||||
| 13 | denomination, except as to information received in any | ||||||
| 14 | confession or sacred communication enjoined by the | ||||||
| 15 | discipline of the religious denomination to be held | ||||||
| 16 | confidential;
| ||||||
| 17 | (5) field personnel of the Department of Healthcare and | ||||||
| 18 | Family Services, Department of Public
Health, and | ||||||
| 19 | Department of Human Services, and any county or
municipal | ||||||
| 20 | health department;
| ||||||
| 21 | (6) personnel of the Department of Human Services, the | ||||||
| 22 | Guardianship and
Advocacy Commission, the State Fire | ||||||
| 23 | Marshal, local fire departments, the
Department on Aging | ||||||
| 24 | and its subsidiary Area Agencies on Aging and provider
| ||||||
| 25 | agencies, and the Office of State Long Term Care Ombudsman;
| ||||||
| 26 | (7) any employee of the State of Illinois not otherwise | ||||||
| |||||||
| |||||||
| 1 | specified herein
who is involved in providing services to | ||||||
| 2 | eligible adults, including
professionals providing medical | ||||||
| 3 | or rehabilitation services and all
other persons having | ||||||
| 4 | direct contact with eligible adults;
| ||||||
| 5 | (8) a person who performs the duties of a coroner
or | ||||||
| 6 | medical examiner; or
| ||||||
| 7 | (9) a person who performs the duties of a paramedic or | ||||||
| 8 | an emergency
medical
technician.
| ||||||
| 9 | (g) "Neglect" means
another individual's failure to | ||||||
| 10 | provide an eligible
adult with or willful withholding from an | ||||||
| 11 | eligible adult the necessities of
life including, but not | ||||||
| 12 | limited to, food, clothing, shelter or health care.
This | ||||||
| 13 | subsection does not create any new affirmative duty to provide | ||||||
| 14 | support to
eligible adults. Nothing in this Act shall be | ||||||
| 15 | construed to mean that an
eligible adult is a victim of neglect | ||||||
| 16 | because of health care services provided
or not provided by | ||||||
| 17 | licensed health care professionals.
| ||||||
| 18 | (h) "Provider agency" means any public or nonprofit agency | ||||||
| 19 | in a planning
and service area appointed by the regional | ||||||
| 20 | administrative agency with prior
approval by the Department on | ||||||
| 21 | Aging to receive and assess reports of
alleged or suspected | ||||||
| 22 | abuse, neglect, or financial exploitation. A provider agency is | ||||||
| 23 | also referenced as a "designated agency" in this Act.
| ||||||
| 24 | (i) "Regional administrative agency" means any public or | ||||||
| 25 | nonprofit
agency in a planning and service area so designated | ||||||
| 26 | by the Department,
provided that the designated Area Agency on | ||||||
| |||||||
| |||||||
| 1 | Aging shall be designated the
regional administrative agency if | ||||||
| 2 | it so requests.
The Department shall assume the functions of | ||||||
| 3 | the regional administrative
agency for any planning and service | ||||||
| 4 | area where another agency is not so
designated.
| ||||||
| 5 | (i-5) "Self-neglect" means a condition that is the result | ||||||
| 6 | of an eligible adult's inability, due to physical or mental | ||||||
| 7 | impairments, or both, or a diminished capacity, to perform | ||||||
| 8 | essential self-care tasks that substantially threaten his or | ||||||
| 9 | her own health, including: providing essential food, clothing, | ||||||
| 10 | shelter, and health care; and obtaining goods and services | ||||||
| 11 | necessary to maintain physical health, mental health, | ||||||
| 12 | emotional well-being, and general safety. The term includes | ||||||
| 13 | compulsive hoarding, which is characterized by the acquisition | ||||||
| 14 | and retention of large quantities of items and materials that | ||||||
| 15 | produce an extensively cluttered living space, which | ||||||
| 16 | significantly impairs the performance of essential self-care | ||||||
| 17 | tasks or otherwise substantially threatens life or safety.
| ||||||
| 18 | (j) "Substantiated case" means a reported case of alleged | ||||||
| 19 | or suspected
abuse, neglect, financial exploitation, or | ||||||
| 20 | self-neglect in which a provider agency,
after assessment, | ||||||
| 21 | determines that there is reason to believe abuse,
neglect, or | ||||||
| 22 | financial exploitation has occurred.
| ||||||
| 23 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300, | ||||||
| 24 | eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12; | ||||||
| 25 | 97-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff. | ||||||
| 26 | 7-22-13; revised 9-19-13.)
| ||||||
| |||||||
| |||||||
| 1 | (320 ILCS 20/7.5) | ||||||
| 2 | Sec. 7.5. Health Care Worker Registry. | ||||||
| 3 | (a) Reporting to the Registry. The Department on Aging | ||||||
| 4 | shall report to the Department of Public Health's Health Care | ||||||
| 5 | Worker Registry the identity and administrative finding of a | ||||||
| 6 | verified and substantiated decision of abuse, neglect, or | ||||||
| 7 | financial exploitation of an eligible adult under this Act that | ||||||
| 8 | is made against any caregiver, including consultants and | ||||||
| 9 | volunteers, employed by a provider licensed, certified, or | ||||||
| 10 | regulated by, or paid with public funds from, the Department of | ||||||
| 11 | Public Health, Healthcare and Family Services, or Human | ||||||
| 12 | Services, or the Department on Aging. For uncompensated or | ||||||
| 13 | privately paid caregivers, the Department on Aging shall report | ||||||
| 14 | only a verified and substantiated decision of significant | ||||||
| 15 | abuse, neglect, or financial exploitation of an eligible adult | ||||||
| 16 | under this Act. An administrative finding placed in the | ||||||
| 17 | Registry shall preclude any caregiver from providing direct | ||||||
| 18 | access or other services, including consulting and | ||||||
| 19 | volunteering, in a position with a provider that is licensed, | ||||||
| 20 | certified, or regulated by, or paid with public funds from or | ||||||
| 21 | on behalf of, the State of Illinois or any Department thereof, | ||||||
| 22 | that permits the caregiver direct access to an adult aged 60 or | ||||||
| 23 | older or an adult, over 18, with a disability or to that | ||||||
| 24 | individual's living quarters or personal, financial, or | ||||||
| 25 | medical records. | ||||||
| |||||||
| |||||||
| 1 | (b) Definitions. As used in this Section: | ||||||
| 2 | "Direct care" includes, but is not limited to, direct | ||||||
| 3 | access to an individual, his or her living quarters, or his or | ||||||
| 4 | her personal, financial, or medical records for the purpose of | ||||||
| 5 | providing nursing care or assistance with feeding, dressing, | ||||||
| 6 | movement, bathing, toileting, other personal needs and | ||||||
| 7 | activities of daily living, or assistance with financial | ||||||
| 8 | transactions. | ||||||
| 9 | "Privately paid caregiver" means any caregiver who has been | ||||||
| 10 | paid with resources other than public funds, regardless of | ||||||
| 11 | licensure, certification, or regulation by the State of | ||||||
| 12 | Illinois and any Department thereof. A privately paid caregiver | ||||||
| 13 | does not include any caregiver that has been licensed, | ||||||
| 14 | certified, or regulated by a State agency, or paid with public | ||||||
| 15 | funds. | ||||||
| 16 | "Significant" means a finding of abuse, neglect, or | ||||||
| 17 | financial exploitation as determined by the Department that (i) | ||||||
| 18 | represents a meaningful failure to adequately provide for, or a | ||||||
| 19 | material indifference to, the financial, health, safety, or | ||||||
| 20 | medical needs of an eligible adult or (ii) results in an | ||||||
| 21 | eligible adult's death or other serious deterioration of an | ||||||
| 22 | eligible adult's financial resources, physical condition, or | ||||||
| 23 | mental condition. | ||||||
| 24 | "Uncompensated caregiver" means a caregiver who, in an | ||||||
| 25 | informal capacity, assists an eligible adult with activities of | ||||||
| 26 | daily living, financial transactions, or chore housekeeping | ||||||
| |||||||
| |||||||
| 1 | type duties. "Uncompensated caregiver" does not refer to an | ||||||
| 2 | individual serving in a formal capacity as a volunteer with a | ||||||
| 3 | provider licensed, certified, or regulated by a State agency. | ||||||
| 4 | (c) Access to and use of the Registry. Access to the | ||||||
| 5 | Registry shall be limited to licensed, certified, or regulated | ||||||
| 6 | providers by the Department of Public Health, Healthcare and | ||||||
| 7 | Family Service, or Human Services, or the Department on Aging. | ||||||
| 8 | The State of Illinois, any Department thereof, or a provider | ||||||
| 9 | licensed, certified, or regulated, or paid with public funds | ||||||
| 10 | by, from, or on behalf of the Department of Public Health, | ||||||
| 11 | Healthcare and Family Services, or Human Services, or the | ||||||
| 12 | Department on Aging, shall not hire or compensate any person | ||||||
| 13 | seeking employment, retain any contractors, or accept any | ||||||
| 14 | volunteers to provide direct care without first conducting an | ||||||
| 15 | online check of the person through the Department of Public | ||||||
| 16 | Health's Health Care Worker Registry. The provider shall | ||||||
| 17 | maintain a copy of the results of the online check to | ||||||
| 18 | demonstrate compliance with this requirement. The provider is | ||||||
| 19 | prohibited from hiring, compensating, or accepting a person, | ||||||
| 20 | including as a consultant or volunteer, for whom the online | ||||||
| 21 | check reveals a verified and substantiated claim of abuse, | ||||||
| 22 | neglect, or financial exploitation, to provide direct access to | ||||||
| 23 | any adult aged 60 or older or any adult, over 18, with a | ||||||
| 24 | disability. Additionally, a provider is prohibited from | ||||||
| 25 | retaining a person for whom they gain knowledge of a verified | ||||||
| 26 | and substantiated claim of abuse, neglect, or financial | ||||||
| |||||||
| |||||||
| 1 | exploitation in a position that permits the caregiver direct | ||||||
| 2 | access to provide direct care to any adult aged 60 or older or | ||||||
| 3 | any adult, over 18, with a disability or direct access to that | ||||||
| 4 | individual's living quarters or personal, financial, or | ||||||
| 5 | medical records. Failure to comply with this requirement may | ||||||
| 6 | subject such a provider to corrective action by the appropriate | ||||||
| 7 | regulatory agency or other lawful remedies provided under the | ||||||
| 8 | applicable licensure, certification, or regulatory laws and | ||||||
| 9 | rules. | ||||||
| 10 | (d) Notice to caregiver. The Department on Aging shall
| ||||||
| 11 | establish rules concerning notice to the caregiver in cases of | ||||||
| 12 | abuse, neglect, or financial exploitation. | ||||||
| 13 | (e) Notification to eligible adults, guardians, or agents. | ||||||
| 14 | As part of its investigation, the Department on Aging shall | ||||||
| 15 | notify an eligible adult, or an eligible adult's guardian or | ||||||
| 16 | agent, that a caregiver's name may be placed on the Registry | ||||||
| 17 | based on a finding as described in subsection (a) (a-1) of this | ||||||
| 18 | Section. | ||||||
| 19 | (f) Notification to employer. A provider licensed, | ||||||
| 20 | certified, or regulated by the Department of Public Health, | ||||||
| 21 | Healthcare and Family Services, or Human Services, or the | ||||||
| 22 | Department on Aging shall be notified of an administrative | ||||||
| 23 | finding against any caregiver who is an employee, consultant, | ||||||
| 24 | or volunteer of a verified and substantiated decision of abuse, | ||||||
| 25 | neglect, or financial exploitation of an eligible adult under | ||||||
| 26 | this Act. If there is an imminent risk of danger to the | ||||||
| |||||||
| |||||||
| 1 | eligible adult or an imminent risk of misuse of personal, | ||||||
| 2 | medical, or financial information, the caregiver shall | ||||||
| 3 | immediately be barred from direct access to the eligible adult, | ||||||
| 4 | his or her living quarters, or his or her personal, financial, | ||||||
| 5 | or medical records, pending the outcome of any challenge, | ||||||
| 6 | criminal prosecution, or other type of collateral action. | ||||||
| 7 | (g) Caregiver challenges. The Department on Aging
shall | ||||||
| 8 | establish, by rule, procedures concerning caregiver | ||||||
| 9 | challenges. | ||||||
| 10 | (h) Caregiver's rights to collateral action. The | ||||||
| 11 | Department on Aging shall not make any report to the Registry | ||||||
| 12 | if a caregiver notifies the Department in writing, including | ||||||
| 13 | any supporting documentation, that he or she is formally | ||||||
| 14 | challenging an adverse employment action resulting from a | ||||||
| 15 | verified and substantiated finding of abuse, neglect, or | ||||||
| 16 | financial exploitation by complaint filed with the Illinois | ||||||
| 17 | Civil Service Commission, or by another means which seeks to | ||||||
| 18 | enforce the caregiver's rights pursuant to any applicable | ||||||
| 19 | collective bargaining agreement. If an action taken by an | ||||||
| 20 | employer against a caregiver as a result of a finding of abuse, | ||||||
| 21 | neglect, or financial exploitation is overturned through an | ||||||
| 22 | action filed with the Illinois Civil Service Commission or | ||||||
| 23 | under any applicable collective bargaining agreement after | ||||||
| 24 | that caregiver's name has already been sent to the Registry, | ||||||
| 25 | the caregiver's name shall be removed from the Registry. | ||||||
| 26 | (i) Removal from Registry. At any time after a report to | ||||||
| |||||||
| |||||||
| 1 | the Registry, but no more than once in each successive 3-year | ||||||
| 2 | period thereafter, for a maximum of 3 such requests, a | ||||||
| 3 | caregiver may write to the Director of the Department on Aging | ||||||
| 4 | to request removal of his or her name from the Registry in | ||||||
| 5 | relationship to a single incident. The caregiver shall bear the | ||||||
| 6 | burden of showing cause that establishes, by a preponderance of | ||||||
| 7 | the evidence, that removal of his or her name from the Registry | ||||||
| 8 | is in the public interest. Upon receiving such a request, the | ||||||
| 9 | Department on Aging shall conduct an investigation and consider | ||||||
| 10 | any evidentiary material provided. The Department shall issue a | ||||||
| 11 | decision either granting or denying removal within 60 calendar | ||||||
| 12 | days, and shall issue such decision to the caregiver and the | ||||||
| 13 | Registry. The waiver process at the Department of Public Health | ||||||
| 14 | does not apply to Registry reports from the Department on | ||||||
| 15 | Aging. The Department on Aging shall establish standards for | ||||||
| 16 | the removal of a name from the Registry by rule. | ||||||
| 17 | (j) Referral of Registry reports to health care facilities. | ||||||
| 18 | In the event an eligible adult receiving services from a | ||||||
| 19 | provider agency changes his or her residence from a domestic | ||||||
| 20 | living situation to that of a health care facility, the | ||||||
| 21 | provider agency shall use reasonable efforts to promptly inform | ||||||
| 22 | the health care facility and the appropriate Regional Long Term | ||||||
| 23 | Care Ombudsman about any Registry reports relating to the | ||||||
| 24 | eligible adult. For purposes of this Section, a health care | ||||||
| 25 | facility includes, but is not limited to, any residential | ||||||
| 26 | facility licensed, certified, or regulated by the Department of | ||||||
| |||||||
| |||||||
| 1 | Public Health, Healthcare and Family Services, or Human | ||||||
| 2 | Services.
| ||||||
| 3 | (Source: P.A. 98-49, eff. 1-1-14; revised 11-12-13.)
| ||||||
| 4 | Section 550. The Abused and Neglected Child Reporting Act | ||||||
| 5 | is amended by changing Sections 4 and 7.16 as follows:
| ||||||
| 6 | (325 ILCS 5/4)
| ||||||
| 7 | (Text of Section before amendment by P.A. 98-408) | ||||||
| 8 | Sec. 4. Persons required to report; privileged | ||||||
| 9 | communications;
transmitting false report. Any physician, | ||||||
| 10 | resident, intern, hospital,
hospital administrator
and | ||||||
| 11 | personnel engaged in examination, care and treatment of | ||||||
| 12 | persons, surgeon,
dentist, dentist hygienist, osteopath, | ||||||
| 13 | chiropractor, podiatric physician, physician
assistant, | ||||||
| 14 | substance abuse treatment personnel, funeral home
director or | ||||||
| 15 | employee, coroner, medical examiner, emergency medical | ||||||
| 16 | technician,
acupuncturist, crisis line or hotline personnel, | ||||||
| 17 | school personnel (including administrators and both certified | ||||||
| 18 | and non-certified school employees), personnel of institutions | ||||||
| 19 | of higher education, educational
advocate assigned to a child | ||||||
| 20 | pursuant to the School Code, member of a school board or the | ||||||
| 21 | Chicago Board of Education or the governing body of a private | ||||||
| 22 | school (but only to the extent required in accordance with | ||||||
| 23 | other provisions of this Section expressly concerning the duty | ||||||
| 24 | of school board members to report suspected child abuse), | ||||||
| |||||||
| |||||||
| 1 | truant officers,
social worker, social services administrator,
| ||||||
| 2 | domestic violence program personnel, registered nurse, | ||||||
| 3 | licensed
practical nurse, genetic counselor,
respiratory care | ||||||
| 4 | practitioner, advanced practice nurse, home
health aide, | ||||||
| 5 | director or staff
assistant of a nursery school or a child day | ||||||
| 6 | care center, recreational or athletic program
or facility | ||||||
| 7 | personnel, early intervention provider as defined in the Early | ||||||
| 8 | Intervention Services System Act, law enforcement officer, | ||||||
| 9 | licensed professional
counselor, licensed clinical | ||||||
| 10 | professional counselor, registered psychologist
and
assistants | ||||||
| 11 | working under the direct supervision of a psychologist,
| ||||||
| 12 | psychiatrist, or field personnel of the Department of | ||||||
| 13 | Healthcare and Family Services,
Juvenile Justice, Public | ||||||
| 14 | Health, Human Services (acting as successor to the Department | ||||||
| 15 | of Mental
Health and Developmental Disabilities, | ||||||
| 16 | Rehabilitation Services, or Public Aid),
Corrections, Human | ||||||
| 17 | Rights, or Children and Family Services, supervisor and
| ||||||
| 18 | administrator of general assistance under the Illinois Public | ||||||
| 19 | Aid Code,
probation officer, animal control officer or Illinois | ||||||
| 20 | Department of Agriculture Bureau of Animal Health and Welfare | ||||||
| 21 | field investigator, or any other foster parent, homemaker or | ||||||
| 22 | child care worker
having reasonable cause to believe a child | ||||||
| 23 | known to them in their professional
or official capacity may be | ||||||
| 24 | an abused child or a neglected child shall
immediately report | ||||||
| 25 | or cause a report to be made to the Department.
| ||||||
| 26 | Any member of the clergy having reasonable cause to believe | ||||||
| |||||||
| |||||||
| 1 | that a child
known to that member of the clergy in his or her | ||||||
| 2 | professional capacity may be
an abused child as defined in item | ||||||
| 3 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
| 4 | Act shall immediately report or cause a report to be made to
| ||||||
| 5 | the Department.
| ||||||
| 6 | Any physician, physician's assistant, registered nurse, | ||||||
| 7 | licensed practical nurse, medical technician, certified | ||||||
| 8 | nursing assistant, social worker, or licensed professional | ||||||
| 9 | counselor of any office, clinic, or any other physical location | ||||||
| 10 | that provides abortions, abortion referrals, or contraceptives | ||||||
| 11 | having reasonable cause to believe a child known to him or her | ||||||
| 12 | in his or her professional
or official capacity may be an | ||||||
| 13 | abused child or a neglected child shall
immediately report or | ||||||
| 14 | cause a report to be made to the Department. | ||||||
| 15 | If an allegation is raised to a school board member during | ||||||
| 16 | the course of an open or closed school board meeting that a | ||||||
| 17 | child who is enrolled in the school district of which he or she | ||||||
| 18 | is a board member is an abused child as defined in Section 3 of | ||||||
| 19 | this Act, the member shall direct or cause the school board to | ||||||
| 20 | direct the superintendent of the school district or other | ||||||
| 21 | equivalent school administrator to comply with the | ||||||
| 22 | requirements of this Act concerning the reporting of child | ||||||
| 23 | abuse. For purposes of this paragraph, a school board member is | ||||||
| 24 | granted the authority in his or her individual capacity to | ||||||
| 25 | direct the superintendent of the school district or other | ||||||
| 26 | equivalent school administrator to comply with the | ||||||
| |||||||
| |||||||
| 1 | requirements of this Act concerning the reporting of child | ||||||
| 2 | abuse.
| ||||||
| 3 | Notwithstanding any other provision of this Act, if an | ||||||
| 4 | employee of a school district has made a report or caused a | ||||||
| 5 | report to be made to the Department under this Act involving | ||||||
| 6 | the conduct of a current or former employee of the school | ||||||
| 7 | district and a request is made by another school district for | ||||||
| 8 | the provision of information concerning the job performance or | ||||||
| 9 | qualifications of the current or former employee because he or | ||||||
| 10 | she is an applicant for employment with the requesting school | ||||||
| 11 | district, the general superintendent of the school district to | ||||||
| 12 | which the request is being made must disclose to the requesting | ||||||
| 13 | school district the fact that an employee of the school | ||||||
| 14 | district has made a report involving the conduct of the | ||||||
| 15 | applicant or caused a report to be made to the Department, as | ||||||
| 16 | required under this Act. Only the fact that an employee of the | ||||||
| 17 | school district has made a report involving the conduct of the | ||||||
| 18 | applicant or caused a report to be made to the Department may | ||||||
| 19 | be disclosed by the general superintendent of the school | ||||||
| 20 | district to which the request for information concerning the | ||||||
| 21 | applicant is made, and this fact may be disclosed only in cases | ||||||
| 22 | where the employee and the general superintendent have not been | ||||||
| 23 | informed by the Department that the allegations were unfounded. | ||||||
| 24 | An employee of a school district who is or has been the subject | ||||||
| 25 | of a report made pursuant to this Act during his or her | ||||||
| 26 | employment with the school district must be informed by that | ||||||
| |||||||
| |||||||
| 1 | school district that if he or she applies for employment with | ||||||
| 2 | another school district, the general superintendent of the | ||||||
| 3 | former school district, upon the request of the school district | ||||||
| 4 | to which the employee applies, shall notify that requesting | ||||||
| 5 | school district that the employee is or was the subject of such | ||||||
| 6 | a report.
| ||||||
| 7 | Whenever
such person is required to report under this Act | ||||||
| 8 | in his capacity as a member of
the staff of a medical or other | ||||||
| 9 | public or private institution, school, facility
or agency, or | ||||||
| 10 | as a member of the clergy, he shall
make report immediately to | ||||||
| 11 | the Department in accordance
with the provisions of this Act | ||||||
| 12 | and may also notify the person in charge of
such institution, | ||||||
| 13 | school, facility or agency, or church, synagogue, temple,
| ||||||
| 14 | mosque, or other religious institution, or his
designated agent | ||||||
| 15 | that such
report has been made. Under no circumstances shall | ||||||
| 16 | any person in charge of
such institution, school, facility or | ||||||
| 17 | agency, or church, synagogue, temple,
mosque, or other | ||||||
| 18 | religious institution, or his
designated agent to whom
such | ||||||
| 19 | notification has been made, exercise any control, restraint, | ||||||
| 20 | modification
or other change in the report or the forwarding of | ||||||
| 21 | such report to the
Department.
| ||||||
| 22 | The privileged quality of communication between any | ||||||
| 23 | professional
person required to report
and his patient or | ||||||
| 24 | client shall not apply to situations involving abused or
| ||||||
| 25 | neglected children and shall not constitute grounds for failure | ||||||
| 26 | to report
as required by this Act or constitute grounds for | ||||||
| |||||||
| |||||||
| 1 | failure to share information or documents with the Department | ||||||
| 2 | during the course of a child abuse or neglect investigation. If | ||||||
| 3 | requested by the professional, the Department shall confirm in | ||||||
| 4 | writing that the information or documents disclosed by the | ||||||
| 5 | professional were gathered in the course of a child abuse or | ||||||
| 6 | neglect investigation.
| ||||||
| 7 | The reporting requirements of this Act shall not apply to | ||||||
| 8 | the contents of a privileged communication between an attorney | ||||||
| 9 | and his or her client or to confidential information within the | ||||||
| 10 | meaning of Rule 1.6 of the Illinois Rules of Professional | ||||||
| 11 | Conduct relating to the legal representation of an individual | ||||||
| 12 | client. | ||||||
| 13 | A member of the clergy may claim the privilege under | ||||||
| 14 | Section 8-803 of the
Code of Civil Procedure.
| ||||||
| 15 | Any office, clinic, or any other physical location that | ||||||
| 16 | provides abortions, abortion referrals, or contraceptives | ||||||
| 17 | shall provide to all office personnel copies of written | ||||||
| 18 | information and training materials about abuse and neglect and | ||||||
| 19 | the requirements of this Act that are provided to employees of | ||||||
| 20 | the office, clinic, or physical location who are required to | ||||||
| 21 | make reports to the Department under this Act, and instruct | ||||||
| 22 | such office personnel to bring to the attention of an employee | ||||||
| 23 | of the office, clinic, or physical location who is required to | ||||||
| 24 | make reports to the Department under this Act any reasonable | ||||||
| 25 | suspicion that a child known to him or her in his or her | ||||||
| 26 | professional or official capacity may be an abused child or a | ||||||
| |||||||
| |||||||
| 1 | neglected child. In addition to the above persons required to
| ||||||
| 2 | report suspected cases of abused or neglected children, any | ||||||
| 3 | other person
may make a report if such person has reasonable | ||||||
| 4 | cause to believe a child
may be an abused child or a neglected | ||||||
| 5 | child.
| ||||||
| 6 | Any person who enters into
employment on and after July 1, | ||||||
| 7 | 1986 and is mandated by virtue of that
employment to report | ||||||
| 8 | under this Act, shall sign a statement on a form
prescribed by | ||||||
| 9 | the Department, to the effect that the employee has knowledge
| ||||||
| 10 | and understanding of the reporting requirements of this Act. | ||||||
| 11 | The statement
shall be signed prior to commencement of the | ||||||
| 12 | employment. The signed
statement shall be retained by the | ||||||
| 13 | employer. The cost of printing,
distribution, and filing of the | ||||||
| 14 | statement shall be borne by the employer.
| ||||||
| 15 | The Department shall provide copies of this Act, upon | ||||||
| 16 | request, to all
employers employing persons who shall be | ||||||
| 17 | required under the provisions of
this Section to report under | ||||||
| 18 | this Act.
| ||||||
| 19 | Any person who knowingly transmits a false report to the | ||||||
| 20 | Department
commits the offense of disorderly conduct under | ||||||
| 21 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | ||||||
| 22 | A violation of this provision is a Class 4 felony.
| ||||||
| 23 | Any person who knowingly and willfully violates any | ||||||
| 24 | provision of this
Section other than a second or subsequent | ||||||
| 25 | violation of transmitting a
false report as described in the
| ||||||
| 26 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
| |||||||
| |||||||
| 1 | first violation and a Class
4 felony for a
second or subsequent | ||||||
| 2 | violation; except that if the person acted as part
of a plan or | ||||||
| 3 | scheme having as its object the
prevention of discovery of an | ||||||
| 4 | abused or neglected child by lawful authorities
for the
purpose | ||||||
| 5 | of protecting or insulating any person or entity from arrest or
| ||||||
| 6 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
| 7 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
| 8 | offense (regardless of whether the second or subsequent offense
| ||||||
| 9 | involves any
of the same facts or persons as the first or other | ||||||
| 10 | prior offense).
| ||||||
| 11 | A child whose parent, guardian or custodian in good faith | ||||||
| 12 | selects and depends
upon spiritual means through prayer alone | ||||||
| 13 | for the treatment or cure of
disease or remedial care may be | ||||||
| 14 | considered neglected or abused, but not for
the sole reason | ||||||
| 15 | that his parent, guardian or custodian accepts and
practices | ||||||
| 16 | such beliefs.
| ||||||
| 17 | A child shall not be considered neglected or abused solely | ||||||
| 18 | because the
child is not attending school in accordance with | ||||||
| 19 | the requirements of
Article 26 of the School Code, as amended.
| ||||||
| 20 | Nothing in this Act prohibits a mandated reporter who | ||||||
| 21 | reasonably believes that an animal is being abused or neglected | ||||||
| 22 | in violation of the Humane Care for Animals Act from reporting | ||||||
| 23 | animal abuse or neglect to the Department of Agriculture's | ||||||
| 24 | Bureau of Animal Health and Welfare. | ||||||
| 25 | A home rule unit may not regulate the reporting of child | ||||||
| 26 | abuse or neglect in a manner inconsistent with the provisions | ||||||
| |||||||
| |||||||
| 1 | of this Section. This Section is a limitation under subsection | ||||||
| 2 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
| 3 | the concurrent exercise by home rule units of powers and | ||||||
| 4 | functions exercised by the State. | ||||||
| 5 | For purposes of this Section "child abuse or neglect" | ||||||
| 6 | includes abuse or neglect of an adult resident as defined in | ||||||
| 7 | this Act. | ||||||
| 8 | (Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12; | ||||||
| 9 | 97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff. | ||||||
| 10 | 7-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214, | ||||||
| 11 | eff. 8-9-13; revised 9-19-13.)
| ||||||
| 12 | (Text of Section after amendment by P.A. 98-408)
| ||||||
| 13 | Sec. 4. Persons required to report; privileged | ||||||
| 14 | communications;
transmitting false report. Any physician, | ||||||
| 15 | resident, intern, hospital,
hospital administrator
and | ||||||
| 16 | personnel engaged in examination, care and treatment of | ||||||
| 17 | persons, surgeon,
dentist, dentist hygienist, osteopath, | ||||||
| 18 | chiropractor, podiatric physician, physician
assistant, | ||||||
| 19 | substance abuse treatment personnel, funeral home
director or | ||||||
| 20 | employee, coroner, medical examiner, emergency medical | ||||||
| 21 | technician,
acupuncturist, crisis line or hotline personnel, | ||||||
| 22 | school personnel (including administrators and both certified | ||||||
| 23 | and non-certified school employees), personnel of institutions | ||||||
| 24 | of higher education, educational
advocate assigned to a child | ||||||
| 25 | pursuant to the School Code, member of a school board or the | ||||||
| |||||||
| |||||||
| 1 | Chicago Board of Education or the governing body of a private | ||||||
| 2 | school (but only to the extent required in accordance with | ||||||
| 3 | other provisions of this Section expressly concerning the duty | ||||||
| 4 | of school board members to report suspected child abuse), | ||||||
| 5 | truant officers,
social worker, social services administrator,
| ||||||
| 6 | domestic violence program personnel, registered nurse, | ||||||
| 7 | licensed
practical nurse, genetic counselor,
respiratory care | ||||||
| 8 | practitioner, advanced practice nurse, home
health aide, | ||||||
| 9 | director or staff
assistant of a nursery school or a child day | ||||||
| 10 | care center, recreational or athletic program
or facility | ||||||
| 11 | personnel, early intervention provider as defined in the Early | ||||||
| 12 | Intervention Services System Act, law enforcement officer, | ||||||
| 13 | licensed professional
counselor, licensed clinical | ||||||
| 14 | professional counselor, registered psychologist
and
assistants | ||||||
| 15 | working under the direct supervision of a psychologist,
| ||||||
| 16 | psychiatrist, or field personnel of the Department of | ||||||
| 17 | Healthcare and Family Services,
Juvenile Justice, Public | ||||||
| 18 | Health, Human Services (acting as successor to the Department | ||||||
| 19 | of Mental
Health and Developmental Disabilities, | ||||||
| 20 | Rehabilitation Services, or Public Aid),
Corrections, Human | ||||||
| 21 | Rights, or Children and Family Services, supervisor and
| ||||||
| 22 | administrator of general assistance under the Illinois Public | ||||||
| 23 | Aid Code,
probation officer, animal control officer or Illinois | ||||||
| 24 | Department of Agriculture Bureau of Animal Health and Welfare | ||||||
| 25 | field investigator, or any other foster parent, homemaker or | ||||||
| 26 | child care worker
having reasonable cause to believe a child | ||||||
| |||||||
| |||||||
| 1 | known to them in their professional
or official capacity may be | ||||||
| 2 | an abused child or a neglected child shall
immediately report | ||||||
| 3 | or cause a report to be made to the Department.
| ||||||
| 4 | Any member of the clergy having reasonable cause to believe | ||||||
| 5 | that a child
known to that member of the clergy in his or her | ||||||
| 6 | professional capacity may be
an abused child as defined in item | ||||||
| 7 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
| 8 | Act shall immediately report or cause a report to be made to
| ||||||
| 9 | the Department.
| ||||||
| 10 | Any physician, physician's assistant, registered nurse, | ||||||
| 11 | licensed practical nurse, medical technician, certified | ||||||
| 12 | nursing assistant, social worker, or licensed professional | ||||||
| 13 | counselor of any office, clinic, or any other physical location | ||||||
| 14 | that provides abortions, abortion referrals, or contraceptives | ||||||
| 15 | having reasonable cause to believe a child known to him or her | ||||||
| 16 | in his or her professional
or official capacity may be an | ||||||
| 17 | abused child or a neglected child shall
immediately report or | ||||||
| 18 | cause a report to be made to the Department. | ||||||
| 19 | If an allegation is raised to a school board member during | ||||||
| 20 | the course of an open or closed school board meeting that a | ||||||
| 21 | child who is enrolled in the school district of which he or she | ||||||
| 22 | is a board member is an abused child as defined in Section 3 of | ||||||
| 23 | this Act, the member shall direct or cause the school board to | ||||||
| 24 | direct the superintendent of the school district or other | ||||||
| 25 | equivalent school administrator to comply with the | ||||||
| 26 | requirements of this Act concerning the reporting of child | ||||||
| |||||||
| |||||||
| 1 | abuse. For purposes of this paragraph, a school board member is | ||||||
| 2 | granted the authority in his or her individual capacity to | ||||||
| 3 | direct the superintendent of the school district or other | ||||||
| 4 | equivalent school administrator to comply with the | ||||||
| 5 | requirements of this Act concerning the reporting of child | ||||||
| 6 | abuse.
| ||||||
| 7 | Notwithstanding any other provision of this Act, if an | ||||||
| 8 | employee of a school district has made a report or caused a | ||||||
| 9 | report to be made to the Department under this Act involving | ||||||
| 10 | the conduct of a current or former employee of the school | ||||||
| 11 | district and a request is made by another school district for | ||||||
| 12 | the provision of information concerning the job performance or | ||||||
| 13 | qualifications of the current or former employee because he or | ||||||
| 14 | she is an applicant for employment with the requesting school | ||||||
| 15 | district, the general superintendent of the school district to | ||||||
| 16 | which the request is being made must disclose to the requesting | ||||||
| 17 | school district the fact that an employee of the school | ||||||
| 18 | district has made a report involving the conduct of the | ||||||
| 19 | applicant or caused a report to be made to the Department, as | ||||||
| 20 | required under this Act. Only the fact that an employee of the | ||||||
| 21 | school district has made a report involving the conduct of the | ||||||
| 22 | applicant or caused a report to be made to the Department may | ||||||
| 23 | be disclosed by the general superintendent of the school | ||||||
| 24 | district to which the request for information concerning the | ||||||
| 25 | applicant is made, and this fact may be disclosed only in cases | ||||||
| 26 | where the employee and the general superintendent have not been | ||||||
| |||||||
| |||||||
| 1 | informed by the Department that the allegations were unfounded. | ||||||
| 2 | An employee of a school district who is or has been the subject | ||||||
| 3 | of a report made pursuant to this Act during his or her | ||||||
| 4 | employment with the school district must be informed by that | ||||||
| 5 | school district that if he or she applies for employment with | ||||||
| 6 | another school district, the general superintendent of the | ||||||
| 7 | former school district, upon the request of the school district | ||||||
| 8 | to which the employee applies, shall notify that requesting | ||||||
| 9 | school district that the employee is or was the subject of such | ||||||
| 10 | a report.
| ||||||
| 11 | Whenever
such person is required to report under this Act | ||||||
| 12 | in his capacity as a member of
the staff of a medical or other | ||||||
| 13 | public or private institution, school, facility
or agency, or | ||||||
| 14 | as a member of the clergy, he shall
make report immediately to | ||||||
| 15 | the Department in accordance
with the provisions of this Act | ||||||
| 16 | and may also notify the person in charge of
such institution, | ||||||
| 17 | school, facility or agency, or church, synagogue, temple,
| ||||||
| 18 | mosque, or other religious institution, or his
designated agent | ||||||
| 19 | that such
report has been made. Under no circumstances shall | ||||||
| 20 | any person in charge of
such institution, school, facility or | ||||||
| 21 | agency, or church, synagogue, temple,
mosque, or other | ||||||
| 22 | religious institution, or his
designated agent to whom
such | ||||||
| 23 | notification has been made, exercise any control, restraint, | ||||||
| 24 | modification
or other change in the report or the forwarding of | ||||||
| 25 | such report to the
Department.
| ||||||
| 26 | The privileged quality of communication between any | ||||||
| |||||||
| |||||||
| 1 | professional
person required to report
and his patient or | ||||||
| 2 | client shall not apply to situations involving abused or
| ||||||
| 3 | neglected children and shall not constitute grounds for failure | ||||||
| 4 | to report
as required by this Act or constitute grounds for | ||||||
| 5 | failure to share information or documents with the Department | ||||||
| 6 | during the course of a child abuse or neglect investigation. If | ||||||
| 7 | requested by the professional, the Department shall confirm in | ||||||
| 8 | writing that the information or documents disclosed by the | ||||||
| 9 | professional were gathered in the course of a child abuse or | ||||||
| 10 | neglect investigation.
| ||||||
| 11 | The reporting requirements of this Act shall not apply to | ||||||
| 12 | the contents of a privileged communication between an attorney | ||||||
| 13 | and his or her client or to confidential information within the | ||||||
| 14 | meaning of Rule 1.6 of the Illinois Rules of Professional | ||||||
| 15 | Conduct relating to the legal representation of an individual | ||||||
| 16 | client. | ||||||
| 17 | A member of the clergy may claim the privilege under | ||||||
| 18 | Section 8-803 of the
Code of Civil Procedure.
| ||||||
| 19 | Any office, clinic, or any other physical location that | ||||||
| 20 | provides abortions, abortion referrals, or contraceptives | ||||||
| 21 | shall provide to all office personnel copies of written | ||||||
| 22 | information and training materials about abuse and neglect and | ||||||
| 23 | the requirements of this Act that are provided to employees of | ||||||
| 24 | the office, clinic, or physical location who are required to | ||||||
| 25 | make reports to the Department under this Act, and instruct | ||||||
| 26 | such office personnel to bring to the attention of an employee | ||||||
| |||||||
| |||||||
| 1 | of the office, clinic, or physical location who is required to | ||||||
| 2 | make reports to the Department under this Act any reasonable | ||||||
| 3 | suspicion that a child known to him or her in his or her | ||||||
| 4 | professional or official capacity may be an abused child or a | ||||||
| 5 | neglected child. In addition to the above persons required to
| ||||||
| 6 | report suspected cases of abused or neglected children, any | ||||||
| 7 | other person
may make a report if such person has reasonable | ||||||
| 8 | cause to believe a child
may be an abused child or a neglected | ||||||
| 9 | child.
| ||||||
| 10 | Any person who enters into
employment on and after July 1, | ||||||
| 11 | 1986 and is mandated by virtue of that
employment to report | ||||||
| 12 | under this Act, shall sign a statement on a form
prescribed by | ||||||
| 13 | the Department, to the effect that the employee has knowledge
| ||||||
| 14 | and understanding of the reporting requirements of this Act. | ||||||
| 15 | The statement
shall be signed prior to commencement of the | ||||||
| 16 | employment. The signed
statement shall be retained by the | ||||||
| 17 | employer. The cost of printing,
distribution, and filing of the | ||||||
| 18 | statement shall be borne by the employer.
| ||||||
| 19 | Within one year of initial employment and at least every 5 | ||||||
| 20 | years thereafter, school personnel required to report child | ||||||
| 21 | abuse as provided under this Section must complete mandated | ||||||
| 22 | reporter training by a provider or agency with expertise in | ||||||
| 23 | recognizing and reporting child abuse. | ||||||
| 24 | The Department shall provide copies of this Act, upon | ||||||
| 25 | request, to all
employers employing persons who shall be | ||||||
| 26 | required under the provisions of
this Section to report under | ||||||
| |||||||
| |||||||
| 1 | this Act.
| ||||||
| 2 | Any person who knowingly transmits a false report to the | ||||||
| 3 | Department
commits the offense of disorderly conduct under | ||||||
| 4 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | ||||||
| 5 | A violation of this provision is a Class 4 felony.
| ||||||
| 6 | Any person who knowingly and willfully violates any | ||||||
| 7 | provision of this
Section other than a second or subsequent | ||||||
| 8 | violation of transmitting a
false report as described in the
| ||||||
| 9 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
| 10 | first violation and a Class
4 felony for a
second or subsequent | ||||||
| 11 | violation; except that if the person acted as part
of a plan or | ||||||
| 12 | scheme having as its object the
prevention of discovery of an | ||||||
| 13 | abused or neglected child by lawful authorities
for the
purpose | ||||||
| 14 | of protecting or insulating any person or entity from arrest or
| ||||||
| 15 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
| 16 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
| 17 | offense (regardless of whether the second or subsequent offense
| ||||||
| 18 | involves any
of the same facts or persons as the first or other | ||||||
| 19 | prior offense).
| ||||||
| 20 | A child whose parent, guardian or custodian in good faith | ||||||
| 21 | selects and depends
upon spiritual means through prayer alone | ||||||
| 22 | for the treatment or cure of
disease or remedial care may be | ||||||
| 23 | considered neglected or abused, but not for
the sole reason | ||||||
| 24 | that his parent, guardian or custodian accepts and
practices | ||||||
| 25 | such beliefs.
| ||||||
| 26 | A child shall not be considered neglected or abused solely | ||||||
| |||||||
| |||||||
| 1 | because the
child is not attending school in accordance with | ||||||
| 2 | the requirements of
Article 26 of the School Code, as amended.
| ||||||
| 3 | Nothing in this Act prohibits a mandated reporter who | ||||||
| 4 | reasonably believes that an animal is being abused or neglected | ||||||
| 5 | in violation of the Humane Care for Animals Act from reporting | ||||||
| 6 | animal abuse or neglect to the Department of Agriculture's | ||||||
| 7 | Bureau of Animal Health and Welfare. | ||||||
| 8 | A home rule unit may not regulate the reporting of child | ||||||
| 9 | abuse or neglect in a manner inconsistent with the provisions | ||||||
| 10 | of this Section. This Section is a limitation under subsection | ||||||
| 11 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
| 12 | the concurrent exercise by home rule units of powers and | ||||||
| 13 | functions exercised by the State. | ||||||
| 14 | For purposes of this Section "child abuse or neglect" | ||||||
| 15 | includes abuse or neglect of an adult resident as defined in | ||||||
| 16 | this Act. | ||||||
| 17 | (Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12; | ||||||
| 18 | 97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff. | ||||||
| 19 | 7-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214, | ||||||
| 20 | eff. 8-9-13; 98-408, eff. 7-1-14; revised 9-19-13.)
| ||||||
| 21 | (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
| ||||||
| 22 | Sec. 7.16.
For any investigation or appeal initiated on or | ||||||
| 23 | after, or
pending on July 1, 1998, the following time frames | ||||||
| 24 | shall apply.
Within 60 days after the notification of the | ||||||
| 25 | completion
of the Child Protective Service Unit investigation, | ||||||
| |||||||
| |||||||
| 1 | determined by the date
of the notification sent by the | ||||||
| 2 | Department, the perpetrator named in the notification may
| ||||||
| 3 | request the Department to amend the record or
remove the record | ||||||
| 4 | of the report from the register, except that the 60-day | ||||||
| 5 | deadline for filing a request to amend the record or remove the | ||||||
| 6 | record of the report from the State Central Register shall be | ||||||
| 7 | tolled until after the conclusion of any criminal court action | ||||||
| 8 | in the circuit court or after adjudication in any juvenile | ||||||
| 9 | court action concerning the circumstances that give rise to an | ||||||
| 10 | indicated report. Such request shall be
in writing and directed | ||||||
| 11 | to such person as the Department designates in the
notification | ||||||
| 12 | letter notifying the perpetrator of the indicated finding. The | ||||||
| 13 | perpetrator shall have the right to a timely
hearing within
the | ||||||
| 14 | Department to determine whether the record of the report should | ||||||
| 15 | be
amended or removed on the grounds that it is inaccurate or | ||||||
| 16 | it is
being
maintained in a manner inconsistent with this Act, | ||||||
| 17 | except that there
shall be no such right to a hearing on the | ||||||
| 18 | ground of the report's
inaccuracy if there has been a court | ||||||
| 19 | finding of child abuse or neglect or a criminal finding of | ||||||
| 20 | guilt as to the perpetrator. Such
hearing shall be held within | ||||||
| 21 | a reasonable time after the perpetrator's request
and at a | ||||||
| 22 | reasonable place and hour. The appropriate Child Protective
| ||||||
| 23 | Service Unit shall be given notice of the hearing. If the | ||||||
| 24 | minor, who is the victim named in the report sought to be | ||||||
| 25 | amended or removed from the State Central Register, is the | ||||||
| 26 | subject of a pending action under Article II of the Juvenile | ||||||
| |||||||
| |||||||
| 1 | Court Act of 1987, and the report was made while a guardian ad | ||||||
| 2 | litem was appointed for the minor under Section 2-17 of the | ||||||
| 3 | Juvenile Court Act of 1987, then the minor shall, through the | ||||||
| 4 | minor's attorney or guardian ad litem appointed under Section | ||||||
| 5 | 2-17 of the Juvenile Court Act of 1987, have the right to | ||||||
| 6 | participate and be heard in such hearing as defined under the | ||||||
| 7 | Department's rules. In such hearings, the
burden of proving the | ||||||
| 8 | accuracy and consistency of the record shall be on
the | ||||||
| 9 | Department and the appropriate Child Protective Service Unit. | ||||||
| 10 | The
hearing shall be conducted by the Director or his designee, | ||||||
| 11 | who is hereby
authorized and empowered to order the amendment | ||||||
| 12 | or removal of
the record to make it accurate and consistent | ||||||
| 13 | with this Act. The decision
shall be made, in writing, at the | ||||||
| 14 | close of the hearing, or within 60
days
thereof, and shall | ||||||
| 15 | state the reasons upon which it is based. Decisions of
the | ||||||
| 16 | Department under this Section are administrative decisions | ||||||
| 17 | subject to
judicial review under the Administrative Review Law.
| ||||||
| 18 | Should the Department grant the request of the perpetrator
| ||||||
| 19 | pursuant to this Section either on administrative review or | ||||||
| 20 | after
an administrative hearing to amend an indicated report to | ||||||
| 21 | an unfounded report, the
report shall be released and expunged | ||||||
| 22 | in accordance
with the standards set forth in Section 7.14 of | ||||||
| 23 | this Act.
| ||||||
| 24 | (Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14; | ||||||
| 25 | revised 10-1-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 555. The Early Intervention Services System Act is | ||||||
| 2 | amended by changing Section 5 as follows:
| ||||||
| 3 | (325 ILCS 20/5) (from Ch. 23, par. 4155)
| ||||||
| 4 | Sec. 5. Lead Agency. The Department of Human Services is | ||||||
| 5 | designated the
lead agency and shall
provide leadership in | ||||||
| 6 | establishing and implementing the coordinated,
comprehensive, | ||||||
| 7 | interagency and interdisciplinary system of early intervention
| ||||||
| 8 | services. The lead agency shall not have the sole | ||||||
| 9 | responsibility for
providing these services. Each | ||||||
| 10 | participating State agency shall continue
to coordinate those | ||||||
| 11 | early intervention services relating to health, social
service | ||||||
| 12 | and education provided under this authority.
| ||||||
| 13 | The lead agency is responsible for carrying out the | ||||||
| 14 | following:
| ||||||
| 15 | (a) The general administration, supervision, and | ||||||
| 16 | monitoring of programs
and activities receiving assistance | ||||||
| 17 | under Section 673 of the Individuals
with Disabilities | ||||||
| 18 | Education Act (20 United States Code 1473).
| ||||||
| 19 | (b) The identification and coordination of all | ||||||
| 20 | available resources within
the State from federal, State, | ||||||
| 21 | local and private sources.
| ||||||
| 22 | (c) The development of procedures to ensure that | ||||||
| 23 | services are provided to
eligible infants and toddlers and | ||||||
| 24 | their families in a timely manner pending
the resolution of | ||||||
| 25 | any disputes among public agencies or service
providers.
| ||||||
| |||||||
| |||||||
| 1 | (d) The resolution of intra-agency and interagency | ||||||
| 2 | regulatory and
procedural disputes.
| ||||||
| 3 | (e) The development and implementation of formal | ||||||
| 4 | interagency agreements,
and the entry into such | ||||||
| 5 | agreements, between the lead agency and (i) the
Department | ||||||
| 6 | of Healthcare and Family Services, (ii) the University of | ||||||
| 7 | Illinois Division of
Specialized Care for Children, and | ||||||
| 8 | (iii) other relevant State agencies that:
| ||||||
| 9 | (1) define the financial responsibility of each | ||||||
| 10 | agency for paying
for early intervention services | ||||||
| 11 | (consistent with existing State and federal
law and | ||||||
| 12 | rules, including the requirement that early | ||||||
| 13 | intervention funds
be used as the payor of last | ||||||
| 14 | resort), a hierarchical order of payment as
among the | ||||||
| 15 | agencies for
early intervention services that are | ||||||
| 16 | covered under or may
be paid by programs in other | ||||||
| 17 | agencies,
and procedures for direct billing, | ||||||
| 18 | collecting reimbursements for payments
made, and | ||||||
| 19 | resolving service and payment disputes; and
| ||||||
| 20 | (2) include all additional components necessary to | ||||||
| 21 | ensure meaningful
cooperation and coordination.
| ||||||
| 22 | Interagency agreements under this paragraph (e) must | ||||||
| 23 | be reviewed and
revised to implement the purposes of this | ||||||
| 24 | amendatory Act of the 92nd General
Assembly no later than | ||||||
| 25 | 60 days after the effective date of this amendatory Act
of | ||||||
| 26 | the 92nd General Assembly.
| ||||||
| |||||||
| |||||||
| 1 | (f) The maintenance of an early intervention website. | ||||||
| 2 | Within 30 days
after the effective date of this amendatory | ||||||
| 3 | Act of the 92nd General Assembly,
the lead agency shall | ||||||
| 4 | post and keep posted on this website the following: (i)
the | ||||||
| 5 | current annual report required under subdivision (b)(5) of | ||||||
| 6 | Section 4 of
this Act, and the annual reports of the prior | ||||||
| 7 | 3 years, (ii) the most recent
Illinois application for | ||||||
| 8 | funds prepared under Section 637 of the Individuals
with | ||||||
| 9 | Disabilities Education Act filed with the United States | ||||||
| 10 | Department of
Education, (iii) proposed modifications of | ||||||
| 11 | the application prepared for public
comment, (iv) notice of | ||||||
| 12 | Council meetings, Council agendas, and minutes of its
| ||||||
| 13 | proceedings for at least the previous year, (v) proposed | ||||||
| 14 | and final early
intervention rules, (vi) requests for | ||||||
| 15 | proposals, and (vii) all reports created
for dissemination | ||||||
| 16 | to the public that are related to the early intervention
| ||||||
| 17 | program, including reports prepared at the request of the | ||||||
| 18 | Council, and the General
Assembly. Each such document shall | ||||||
| 19 | be posted on the website within 3
working days after the | ||||||
| 20 | document's completion.
| ||||||
| 21 | (g) Before adopting any new policy or procedure | ||||||
| 22 | (including any revisions to an existing policy or | ||||||
| 23 | procedure) needed to comply with Part C of the Individuals | ||||||
| 24 | with Disabilities Education Act, the lead agency must hold | ||||||
| 25 | public hearings on the new policy or procedure, provide | ||||||
| 26 | notice of the hearings at least 30 days before the hearings | ||||||
| |||||||
| |||||||
| 1 | are conducted to enable public participation, and provide | ||||||
| 2 | an opportunity for the general public, including | ||||||
| 3 | individuals with disabilities and parents of infants and | ||||||
| 4 | toddlers with disabilities, early intervention providers, | ||||||
| 5 | and members of the Council to comment for at least 30 days | ||||||
| 6 | on the new policy or procedure needed to comply with Part C | ||||||
| 7 | of the Individuals with Disabilities Education Act and with | ||||||
| 8 | 34 CFR Part 300 and Part 303. | ||||||
| 9 | (Source: P.A. 98-41, eff. 6-28-13; revised 11-12-13.)
| ||||||
| 10 | Section 560. The Mental Health and Developmental | ||||||
| 11 | Disabilities Code is amended by changing Section 2-107.1 as | ||||||
| 12 | follows:
| ||||||
| 13 | (405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
| ||||||
| 14 | Sec. 2-107.1. Administration of psychotropic medication | ||||||
| 15 | and electroconvulsive therapy
upon
application to a court. | ||||||
| 16 | (a) (Blank).
| ||||||
| 17 | (a-5) Notwithstanding the provisions of Section 2-107 of | ||||||
| 18 | this
Code, psychotropic medication and electroconvulsive | ||||||
| 19 | therapy may be administered to an adult recipient of
services | ||||||
| 20 | on an inpatient or outpatient basis without the informed | ||||||
| 21 | consent of the recipient under the following
standards:
| ||||||
| 22 | (1) Any person 18 years of age or older, including any | ||||||
| 23 | guardian, may
petition the circuit court for an order | ||||||
| 24 | authorizing the administration of psychotropic medication | ||||||
| |||||||
| |||||||
| 1 | and electroconvulsive therapy to a recipient
of services.
| ||||||
| 2 | The petition shall state that the petitioner has made a | ||||||
| 3 | good faith attempt to
determine whether the recipient has | ||||||
| 4 | executed a power of attorney for health
care under the | ||||||
| 5 | Powers of Attorney for Health Care Law or a declaration for
| ||||||
| 6 | mental health treatment under the Mental Health Treatment | ||||||
| 7 | Preference
Declaration Act and to obtain copies of these | ||||||
| 8 | instruments if they exist. If
either of the above-named | ||||||
| 9 | instruments is available to the petitioner, the
instrument | ||||||
| 10 | or a copy of the instrument shall be attached to the | ||||||
| 11 | petition as
an exhibit.
The petitioner shall deliver a copy | ||||||
| 12 | of the petition, and notice of the time
and place of the | ||||||
| 13 | hearing, to the respondent, his or her attorney, any known
| ||||||
| 14 | agent or
attorney-in-fact, if any, and the
guardian, if | ||||||
| 15 | any, no later than 3 days prior to the date of the
hearing.
| ||||||
| 16 | Service of the petition and notice of the time and place of | ||||||
| 17 | the hearing may
be made by transmitting them via facsimile | ||||||
| 18 | machine to the
respondent or other party. Upon receipt of | ||||||
| 19 | the petition and notice, the party
served, or the person | ||||||
| 20 | delivering the petition and notice to
the party served, | ||||||
| 21 | shall acknowledge service. If the party sending the | ||||||
| 22 | petition
and notice does not receive acknowledgement of | ||||||
| 23 | service
within 24 hours, service must be made by personal | ||||||
| 24 | service.
| ||||||
| 25 | The
petition may include a request that the court | ||||||
| 26 | authorize such testing and
procedures as may be essential | ||||||
| |||||||
| |||||||
| 1 | for the safe and effective administration of the | ||||||
| 2 | psychotropic medication or electroconvulsive therapy | ||||||
| 3 | sought to be
administered, but only where the
petition
sets | ||||||
| 4 | forth the specific testing and procedures sought to be | ||||||
| 5 | administered.
| ||||||
| 6 | If a hearing is requested to be held immediately | ||||||
| 7 | following the hearing on
a petition for
involuntary | ||||||
| 8 | admission, then the notice requirement shall be the same as | ||||||
| 9 | that
for the hearing on
the petition for involuntary | ||||||
| 10 | admission, and the petition filed pursuant to this
Section | ||||||
| 11 | shall be filed
with the petition for involuntary admission.
| ||||||
| 12 | (2) The court shall hold a hearing within 7 days of the | ||||||
| 13 | filing
of the petition. The People, the petitioner, or the | ||||||
| 14 | respondent shall be
entitled
to a continuance of up to 7 | ||||||
| 15 | days as of right. An additional
continuance of not more | ||||||
| 16 | than 7 days may be granted to
any party (i)
upon a showing | ||||||
| 17 | that the continuance is needed in order
to adequately
| ||||||
| 18 | prepare for or present evidence in a hearing under this | ||||||
| 19 | Section or
(ii) under exceptional circumstances. The court | ||||||
| 20 | may
grant an additional continuance
not to exceed 21 days | ||||||
| 21 | when, in its discretion, the court determines that such a
| ||||||
| 22 | continuance is necessary in order to provide the recipient | ||||||
| 23 | with an examination
pursuant to Section 3-803 or 3-804 of | ||||||
| 24 | this Act, to provide the recipient with a
trial by jury as | ||||||
| 25 | provided in Section 3-802 of this Act, or to arrange for | ||||||
| 26 | the
substitution of counsel as provided for by the Illinois | ||||||
| |||||||
| |||||||
| 1 | Supreme Court Rules.
The hearing shall be
separate from a | ||||||
| 2 | judicial proceeding held to determine whether a person is
| ||||||
| 3 | subject to involuntary admission but may be heard | ||||||
| 4 | immediately preceding or
following such a judicial | ||||||
| 5 | proceeding and may be heard by the same trier of fact
or | ||||||
| 6 | law as in that judicial proceeding.
| ||||||
| 7 | (3) Unless otherwise provided herein, the procedures | ||||||
| 8 | set forth in
Article VIII of Chapter III 3 of this Act, | ||||||
| 9 | including the provisions regarding
appointment of counsel, | ||||||
| 10 | shall govern hearings held under this subsection
(a-5).
| ||||||
| 11 | (4) Psychotropic medication and electroconvulsive | ||||||
| 12 | therapy may be administered to the recipient if and only if
| ||||||
| 13 | it has been determined by clear and convincing evidence | ||||||
| 14 | that all of
the following factors are present. In | ||||||
| 15 | determining whether a person meets the criteria specified | ||||||
| 16 | in the following
paragraphs (A) through (G), the court may | ||||||
| 17 | consider evidence of the person's history of
serious | ||||||
| 18 | violence, repeated past pattern of specific behavior, | ||||||
| 19 | actions related to the person's
illness, or past outcomes | ||||||
| 20 | of various treatment options.
| ||||||
| 21 | (A) That the recipient has a serious mental illness | ||||||
| 22 | or
developmental disability.
| ||||||
| 23 | (B) That because of said mental illness or | ||||||
| 24 | developmental disability,
the recipient currently | ||||||
| 25 | exhibits any one of the following: (i)
deterioration of | ||||||
| 26 | his
or her ability to function, as compared to the | ||||||
| |||||||
| |||||||
| 1 | recipient's ability to
function prior to the current | ||||||
| 2 | onset of symptoms of the mental illness or
disability | ||||||
| 3 | for which treatment is presently sought, (ii) | ||||||
| 4 | suffering, or (iii)
threatening
behavior.
| ||||||
| 5 | (C) That the illness or disability has existed for | ||||||
| 6 | a period marked by
the continuing presence of the | ||||||
| 7 | symptoms set forth in item (B) of this
subdivision (4) | ||||||
| 8 | or the repeated episodic occurrence of these symptoms.
| ||||||
| 9 | (D) That the benefits of the treatment
outweigh the | ||||||
| 10 | harm.
| ||||||
| 11 | (E) That the recipient lacks the capacity to make a
| ||||||
| 12 | reasoned
decision about the treatment.
| ||||||
| 13 | (F) That other less restrictive services have been | ||||||
| 14 | explored
and found inappropriate.
| ||||||
| 15 | (G) If the petition seeks authorization for | ||||||
| 16 | testing and other
procedures,
that such testing and | ||||||
| 17 | procedures are essential for the safe and effective
| ||||||
| 18 | administration of the treatment.
| ||||||
| 19 | (5) In no event shall an order issued under this | ||||||
| 20 | Section be effective
for more than 90 days.
A second 90-day | ||||||
| 21 | period of involuntary treatment may be authorized pursuant | ||||||
| 22 | to
a hearing that
complies
with the standards and | ||||||
| 23 | procedures of this subsection (a-5).
Thereafter, | ||||||
| 24 | additional 180-day periods of involuntary treatment may be
| ||||||
| 25 | authorized pursuant to
the standards and procedures of this | ||||||
| 26 | Section without limit.
If a new petition to authorize the | ||||||
| |||||||
| |||||||
| 1 | administration of psychotropic medication or | ||||||
| 2 | electroconvulsive therapy
is filed at least 15 days prior | ||||||
| 3 | to the
expiration of the prior order, and if
any | ||||||
| 4 | continuance of the hearing is agreed to by the recipient, | ||||||
| 5 | the
administration of the treatment may continue in | ||||||
| 6 | accordance
with
the prior order
pending the completion of a | ||||||
| 7 | hearing under this Section.
| ||||||
| 8 | (6) An order issued under this subsection (a-5) shall
| ||||||
| 9 | designate the persons
authorized to administer the | ||||||
| 10 | treatment under the
standards
and procedures of this | ||||||
| 11 | subsection (a-5).
Those persons shall have complete | ||||||
| 12 | discretion not to administer any
treatment authorized | ||||||
| 13 | under this Section.
The order shall also specify the | ||||||
| 14 | medications and the anticipated range of
dosages that have | ||||||
| 15 | been authorized and may include a list of any alternative
| ||||||
| 16 | medications and range of dosages deemed necessary.
| ||||||
| 17 | (a-10) The court may, in its discretion, appoint a guardian | ||||||
| 18 | ad litem for a recipient before the court or authorize an | ||||||
| 19 | existing guardian of the person to monitor treatment and | ||||||
| 20 | compliance with court orders under this Section.
| ||||||
| 21 | (b) A guardian may be authorized to consent to the | ||||||
| 22 | administration
of psychotropic medication or electroconvulsive | ||||||
| 23 | therapy to an
objecting recipient only under the
standards and | ||||||
| 24 | procedures of subsection (a-5).
| ||||||
| 25 | (c) Notwithstanding any other provision of this Section, a | ||||||
| 26 | guardian may
consent to the administration of psychotropic | ||||||
| |||||||
| |||||||
| 1 | medication or electroconvulsive therapy to a
non-objecting
| ||||||
| 2 | recipient under Article XIa of the Probate Act of 1975.
| ||||||
| 3 | (d) Nothing in this Section shall prevent the | ||||||
| 4 | administration of psychotropic medication or electroconvulsive | ||||||
| 5 | therapy to recipients
in an emergency under Section 2-107 of
| ||||||
| 6 | this Act.
| ||||||
| 7 | (e) Notwithstanding any of the provisions of this Section, | ||||||
| 8 | psychotropic medication or electroconvulsive therapy may be | ||||||
| 9 | administered pursuant to a power of attorney for
health care | ||||||
| 10 | under the Powers of Attorney for Health Care Law or a | ||||||
| 11 | declaration
for mental health treatment under the Mental Health | ||||||
| 12 | Treatment Preference
Declaration Act.
| ||||||
| 13 | (f) The Department shall conduct annual trainings for | ||||||
| 14 | physicians and registered nurses working in State-operated | ||||||
| 15 | mental health facilities on the appropriate use of psychotropic | ||||||
| 16 | medication and electroconvulsive therapy, standards for their | ||||||
| 17 | use, and the preparation of court petitions under this Section.
| ||||||
| 18 | (Source: P.A. 97-375, eff. 8-15-11; revised 9-11-13.)
| ||||||
| 19 | Section 565. The Developmental Disability and Mental | ||||||
| 20 | Disability Services Act is amended by changing Section 2-5 as | ||||||
| 21 | follows:
| ||||||
| 22 | (405 ILCS 80/2-5) (from Ch. 91 1/2, par. 1802-5)
| ||||||
| 23 | Sec. 2-5.
The Department shall establish eligibility | ||||||
| 24 | standards for
the Program, taking into consideration the | ||||||
| |||||||
| |||||||
| 1 | disability levels and service
needs of the target population. | ||||||
| 2 | The Department shall create application
forms which shall be | ||||||
| 3 | used to determine the eligibility of mentally disabled
adults | ||||||
| 4 | to participate in the Program. The forms shall be made | ||||||
| 5 | available by
the Department and shall require at least the | ||||||
| 6 | following items of
information which constitute eligibility | ||||||
| 7 | criteria for participation in the
Program:
| ||||||
| 8 | (a) A statement that the mentally disabled adult | ||||||
| 9 | resides in the State of
Illinois and is over the age of 18 | ||||||
| 10 | years.
| ||||||
| 11 | (b) Verification that the mentally disabled adult has | ||||||
| 12 | one of the
following conditions: severe autism, severe | ||||||
| 13 | mental illness, a severe or
profound intellectual | ||||||
| 14 | disability, or severe and multiple impairments.
| ||||||
| 15 | (c) Verification that the mentally disabled adult has | ||||||
| 16 | applied and is
eligible for federal Supplemental Security | ||||||
| 17 | Income or federal Social
Security Disability Income | ||||||
| 18 | benefits.
| ||||||
| 19 | (d) Verification that the mentally disabled adult | ||||||
| 20 | resides full-time in
his or her own home or that, within 2 | ||||||
| 21 | months of receipt of services under
this Article, he or she | ||||||
| 22 | will reside full-time in his or her own home.
| ||||||
| 23 | The Department may by rule adopt provisions establishing | ||||||
| 24 | liability of
responsible relatives of a recipient of services | ||||||
| 25 | under this Article for the
payment of sums representing charges | ||||||
| 26 | for services to such recipient. Such
rules shall be | ||||||
| |||||||
| |||||||
| 1 | substantially similar to the provisions for such liability
| ||||||
| 2 | contained in Chapter V 5 of the Mental Health and Developmental | ||||||
| 3 | Disabilities
Code, as now or hereafter amended, and rules | ||||||
| 4 | adopted pursuant thereto.
| ||||||
| 5 | (Source: P.A. 97-227, eff. 1-1-12; revised 9-11-13.)
| ||||||
| 6 | Section 570. The Illinois Mental Health First Aid Training | ||||||
| 7 | Act is amended by changing Section 30 as follows:
| ||||||
| 8 | (405 ILCS 105/30)
| ||||||
| 9 | Sec. 30. Distribution of training grants.
When awarding | ||||||
| 10 | training grants under this Act, the Department or other | ||||||
| 11 | appropriate State agency shall distribute training grants | ||||||
| 12 | equitably among the geographical regions of the State, paying | ||||||
| 13 | particular attention to the training needs of rural areas and | ||||||
| 14 | areas with underserved populations or professional shortages.
| ||||||
| 15 | (Source: P.A. 98-195, eff. 8-7-13; revised 11-12-13.)
| ||||||
| 16 | Section 575. The Mercury-added Product Prohibition Act is | ||||||
| 17 | amended by changing Section 25 as follows:
| ||||||
| 18 | (410 ILCS 46/25)
| ||||||
| 19 | Sec. 25. Sale, distribution, or promotional gifts of | ||||||
| 20 | mercury-added
novelty products prohibited. On and after July | ||||||
| 21 | 1, 2004, no mercury-added
novelty
products may be offered for | ||||||
| 22 | sale or distributed for promotional purposes in
Illinois if the | ||||||
| |||||||
| |||||||
| 1 | offeror offerer or distributor knows or has reason to know that | ||||||
| 2 | the
product contains mercury, unless the mercury is solely | ||||||
| 3 | within a button-cell
battery or a fluorescent light bulb.
| ||||||
| 4 | (Source: P.A. 93-165, eff. 1-1-04; revised 9-11-13.)
| ||||||
| 5 | Section 580. The Newborn Metabolic Screening Act is amended | ||||||
| 6 | by changing Section 2 as follows:
| ||||||
| 7 | (410 ILCS 240/2) (from Ch. 111 1/2, par. 4904)
| ||||||
| 8 | Sec. 2. General provisions. The Department of Public Health | ||||||
| 9 | shall administer the
provisions of this Act and shall:
| ||||||
| 10 | (a) Institute and carry on an intensive educational program | ||||||
| 11 | among
physicians, hospitals, public health nurses and the | ||||||
| 12 | public concerning disorders included in newborn screening. | ||||||
| 13 | This
educational program shall include information about the | ||||||
| 14 | nature of the
diseases and examinations for the detection of | ||||||
| 15 | the diseases in early
infancy in order that measures may be | ||||||
| 16 | taken to prevent the disabilities resulting from the diseases.
| ||||||
| 17 | (a-5) Require that all newborns be screened
for the | ||||||
| 18 | presence of certain genetic, metabolic, and congenital | ||||||
| 19 | anomalies as determined by the Department, by rule. | ||||||
| 20 | (a-5.1) Require that all blood and biological specimens | ||||||
| 21 | collected pursuant to this Act or the rules adopted under this | ||||||
| 22 | Act be submitted for testing to the nearest Department | ||||||
| 23 | laboratory designated to perform such tests. The following | ||||||
| 24 | provisions shall apply concerning testing: | ||||||
| |||||||
| |||||||
| 1 | (1) The Department may develop a reasonable fee | ||||||
| 2 | structure and may levy fees according to such structure to | ||||||
| 3 | cover the cost of providing this testing service and for | ||||||
| 4 | the follow-up of infants with an abnormal screening test. | ||||||
| 5 | Fees collected from the provision of this testing service | ||||||
| 6 | shall be placed in the Metabolic Screening and Treatment | ||||||
| 7 | Fund. Other State and federal funds for expenses related to | ||||||
| 8 | metabolic screening, follow-up, and treatment programs may | ||||||
| 9 | also be placed in the Fund. | ||||||
| 10 | (2) Moneys shall be appropriated from the Fund to the | ||||||
| 11 | Department solely for the purposes of providing newborn | ||||||
| 12 | screening, follow-up, and treatment programs. Nothing in | ||||||
| 13 | this Act shall be construed to prohibit any licensed | ||||||
| 14 | medical facility from collecting additional specimens for | ||||||
| 15 | testing for metabolic or neonatal diseases or any other | ||||||
| 16 | diseases or conditions, as it deems fit. Any person | ||||||
| 17 | violating the provisions of this subsection (a-5.1) is | ||||||
| 18 | guilty of a petty offense. | ||||||
| 19 | (3) If the Department is unable to provide the | ||||||
| 20 | screening using the
State Laboratory, it shall temporarily | ||||||
| 21 | provide such screening
through an accredited laboratory | ||||||
| 22 | selected by the Department until the
Department has the | ||||||
| 23 | capacity to provide screening through the State
| ||||||
| 24 | Laboratory. If screening is provided on a temporary basis
| ||||||
| 25 | through an accredited laboratory, the Department shall | ||||||
| 26 | substitute the fee
charged by the accredited laboratory, | ||||||
| |||||||
| |||||||
| 1 | plus a 5% surcharge for
documentation and handling, for the | ||||||
| 2 | fee authorized in this subsection (a-5.1). | ||||||
| 3 | (a-5.2) Maintain a registry of cases, including | ||||||
| 4 | information of importance for the purpose of follow-up services | ||||||
| 5 | to assess long-term outcomes. | ||||||
| 6 | (a-5.3) Supply the necessary metabolic treatment formulas | ||||||
| 7 | where practicable for diagnosed cases of amino acid metabolism | ||||||
| 8 | disorders, including phenylketonuria, organic acid disorders, | ||||||
| 9 | and fatty acid oxidation disorders for as long as medically | ||||||
| 10 | indicated, when the product is not available through other | ||||||
| 11 | State agencies. | ||||||
| 12 | (a-5.4) Arrange for or provide public health nursing, | ||||||
| 13 | nutrition, and social services and clinical consultation as | ||||||
| 14 | indicated. | ||||||
| 15 | (a-5.5) Utilize The Department shall utilize the Genetic | ||||||
| 16 | and Metabolic Diseases Advisory Committee established under | ||||||
| 17 | the Genetic and Metabolic Diseases Advisory Committee Act to | ||||||
| 18 | provide guidance and recommendations to the Department's | ||||||
| 19 | newborn screening program. The Genetic and Metabolic Diseases | ||||||
| 20 | Advisory Committee shall review the feasibility and | ||||||
| 21 | advisability of including additional metabolic, genetic, and | ||||||
| 22 | congenital disorders in the newborn screening panel, according | ||||||
| 23 | to a review protocol applied to each suggested addition to the | ||||||
| 24 | screening panel. The Department shall consider the | ||||||
| 25 | recommendations of the Genetic and Metabolic Diseases Advisory | ||||||
| 26 | Committee in determining whether to include an additional | ||||||
| |||||||
| |||||||
| 1 | disorder in the screening panel prior to proposing an | ||||||
| 2 | administrative rule concerning inclusion of an additional | ||||||
| 3 | disorder in the newborn screening panel. Notwithstanding any | ||||||
| 4 | other provision of law, no new screening may begin prior to the | ||||||
| 5 | occurrence of all the following: | ||||||
| 6 | (1) the establishment and verification of relevant and
| ||||||
| 7 | appropriate performance specifications as defined under
| ||||||
| 8 | the federal Clinical Laboratory Improvement Amendments and
| ||||||
| 9 | regulations thereunder for U.S. Food and Drug
| ||||||
| 10 | Administration-cleared or in-house developed methods,
| ||||||
| 11 | performed under an institutional review board-approved
| ||||||
| 12 | protocol, if required; | ||||||
| 13 | (2) the availability of quality assurance testing
| ||||||
| 14 | methodology for the processes set forth in item (1) of this | ||||||
| 15 | subsection (a-5.5); | ||||||
| 16 | (3) the acquisition and installment by the Department
| ||||||
| 17 | of the equipment necessary to implement the screening
| ||||||
| 18 | tests; | ||||||
| 19 | (4) the establishment of precise threshold values | ||||||
| 20 | ensuring
defined disorder identification for each | ||||||
| 21 | screening test; | ||||||
| 22 | (5) the authentication of pilot testing achieving each
| ||||||
| 23 | milestone described in items (1) through (4) of this
| ||||||
| 24 | subsection (a-5.5) for each disorder screening test; and | ||||||
| 25 | (6) the authentication of achieving the potential of | ||||||
| 26 | high
throughput standards for statewide volume of each | ||||||
| |||||||
| |||||||
| 1 | disorder
screening test concomitant with each milestone | ||||||
| 2 | described
in items (1) through (4) of this subsection | ||||||
| 3 | (a-5.5).
| ||||||
| 4 | (a-6) (Blank). | ||||||
| 5 | (a-7) (Blank). | ||||||
| 6 | (a-8) (Blank). | ||||||
| 7 | (b) (Blank).
| ||||||
| 8 | (c) (Blank).
| ||||||
| 9 | (d) (Blank).
| ||||||
| 10 | (e) (Blank).
| ||||||
| 11 | (Source: P.A. 97-227, eff. 1-1-12; 97-532, eff. 8-23-11; | ||||||
| 12 | 97-813, eff. 7-13-12; 98-440, eff. 8-16-13; revised 11-15-13.)
| ||||||
| 13 | Section 585. The Illinois Sexually Transmissible Disease | ||||||
| 14 | Control Act is amended by changing Section 5.5 as follows:
| ||||||
| 15 | (410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
| ||||||
| 16 | Sec. 5.5. Risk assessment.
| ||||||
| 17 | (a) Whenever the Department receives a report of HIV | ||||||
| 18 | infection or AIDS
pursuant to this Act and the Department | ||||||
| 19 | determines that the subject of the
report may present or may | ||||||
| 20 | have presented a possible risk of HIV
transmission, the | ||||||
| 21 | Department shall, when medically appropriate, investigate
the | ||||||
| 22 | subject of the report and that person's contacts as defined in
| ||||||
| 23 | subsection (c), to assess the potential risks of transmission. | ||||||
| 24 | Any
investigation and action shall be conducted in a timely | ||||||
| |||||||
| |||||||
| 1 | fashion. All
contacts other than those defined in subsection | ||||||
| 2 | (c) shall be investigated
in accordance with Section 5 of this | ||||||
| 3 | Act.
| ||||||
| 4 | (b) If the Department determines that there is or may have | ||||||
| 5 | been
potential risks of HIV transmission from the subject of | ||||||
| 6 | the report to other
persons, the Department shall afford the | ||||||
| 7 | subject the opportunity to submit
any information and comment | ||||||
| 8 | on proposed actions the Department intends to
take with respect | ||||||
| 9 | to the subject's contacts who are at potential risk of
| ||||||
| 10 | transmission of HIV prior to notification of the subject's | ||||||
| 11 | contacts. The
Department shall also afford the subject of the | ||||||
| 12 | report the opportunity to
notify the subject's contacts in a | ||||||
| 13 | timely fashion who are at potential risk
of transmission of HIV | ||||||
| 14 | prior to the Department taking any steps to notify
such | ||||||
| 15 | contacts. If the subject declines to notify such contacts or if | ||||||
| 16 | the
Department determines the notices to be inadequate or | ||||||
| 17 | incomplete, the
Department shall endeavor to notify such other | ||||||
| 18 | persons of the potential
risk, and offer testing and counseling | ||||||
| 19 | services to these individuals. When
the contacts are notified, | ||||||
| 20 | they shall be informed of the disclosure
provisions of the AIDS | ||||||
| 21 | Confidentiality Act and the penalties therein and
this Section.
| ||||||
| 22 | (c) Contacts investigated under this Section shall in the | ||||||
| 23 | case of HIV
infection include (i) individuals who have | ||||||
| 24 | undergone invasive procedures
performed by an HIV infected | ||||||
| 25 | health care provider and (ii)
health care providers who have | ||||||
| 26 | performed invasive procedures for persons
infected with HIV, | ||||||
| |||||||
| |||||||
| 1 | provided the Department has determined that there is or
may | ||||||
| 2 | have been potential risk of HIV transmission from the health | ||||||
| 3 | care
provider to those individuals or from infected persons to | ||||||
| 4 | health care
providers. The Department shall have access to the | ||||||
| 5 | subject's records to
review for the identity of contacts. The | ||||||
| 6 | subject's records shall not be
copied or seized by the | ||||||
| 7 | Department.
| ||||||
| 8 | For purposes of this subsection, the term "invasive | ||||||
| 9 | procedures" means
those procedures termed invasive by the | ||||||
| 10 | Centers for Disease Control in
current guidelines or | ||||||
| 11 | recommendations for the prevention of HIV
transmission in | ||||||
| 12 | health care settings, and the term "health care provider"
means | ||||||
| 13 | any physician, dentist, podiatric physician, advanced practice | ||||||
| 14 | nurse, physician assistant, nurse, or other person providing
| ||||||
| 15 | health care services of any kind.
| ||||||
| 16 | (d) All information and records held by the Department and | ||||||
| 17 | local health
authorities pertaining to activities conducted | ||||||
| 18 | pursuant to this Section
shall be strictly confidential and | ||||||
| 19 | exempt from copying and inspection under
the Freedom of | ||||||
| 20 | Information Act. Such information and records shall not be
| ||||||
| 21 | released or made public by the Department or local health | ||||||
| 22 | authorities, and
shall not be admissible as evidence, nor | ||||||
| 23 | discoverable in any action of any
kind in any court or before | ||||||
| 24 | any tribunal, board, agency or person and shall
be treated in | ||||||
| 25 | the same manner as the information and those records subject
to | ||||||
| 26 | the provisions of Part 21 of the Code of Civil Procedure except | ||||||
| |||||||
| |||||||
| 1 | under
the following circumstances:
| ||||||
| 2 | (1) When made with the written consent of all persons | ||||||
| 3 | to whom this
information pertains;
| ||||||
| 4 | (2) When authorized under Section 8 to be released | ||||||
| 5 | under court order
or subpoena pursuant to Section 12-5.01 | ||||||
| 6 | or 12-16.2 of the Criminal Code of 1961 or the Criminal | ||||||
| 7 | Code of 2012; or
| ||||||
| 8 | (3) When made by the Department for the purpose of | ||||||
| 9 | seeking a warrant
authorized by Sections 6 and 7 of this | ||||||
| 10 | Act. Such disclosure shall conform
to the requirements of | ||||||
| 11 | subsection (a) of Section 8 of this Act.
| ||||||
| 12 | (e) Any person who knowingly or maliciously disseminates | ||||||
| 13 | any
information or report concerning the existence of any | ||||||
| 14 | disease under this
Section is guilty of a Class A misdemeanor.
| ||||||
| 15 | (Source: P.A. 97-1150, eff. 1-25-13; 98-214, eff. 8-9-13; | ||||||
| 16 | revised 9-19-13.)
| ||||||
| 17 | Section 590. The Environmental Protection Act is amended by | ||||||
| 18 | changing Sections 3.330, 21, 22.2, and 58.16 as follows:
| ||||||
| 19 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| ||||||
| 20 | Sec. 3.330. Pollution control facility.
| ||||||
| 21 | (a) "Pollution control facility" is any waste storage site, | ||||||
| 22 | sanitary
landfill, waste disposal site, waste transfer | ||||||
| 23 | station, waste treatment
facility, or waste incinerator. This | ||||||
| 24 | includes sewers, sewage treatment
plants, and any other | ||||||
| |||||||
| |||||||
| 1 | facilities owned or operated by sanitary districts
organized | ||||||
| 2 | under the Metropolitan Water Reclamation District Act.
| ||||||
| 3 | The following are not pollution control facilities:
| ||||||
| 4 | (1) (blank);
| ||||||
| 5 | (2) waste storage sites regulated under 40 CFR, Part | ||||||
| 6 | 761.42;
| ||||||
| 7 | (3) sites or facilities used by any person conducting a | ||||||
| 8 | waste storage,
waste treatment, waste disposal, waste | ||||||
| 9 | transfer or waste incineration
operation, or a combination | ||||||
| 10 | thereof, for wastes generated by such person's
own | ||||||
| 11 | activities, when such wastes are stored, treated, disposed | ||||||
| 12 | of,
transferred or incinerated within the site or facility | ||||||
| 13 | owned, controlled or
operated by such person, or when such | ||||||
| 14 | wastes are transported within or
between sites or | ||||||
| 15 | facilities owned, controlled or operated by such person;
| ||||||
| 16 | (4) sites or facilities at which the State is | ||||||
| 17 | performing removal or
remedial action pursuant to Section | ||||||
| 18 | 22.2 or 55.3;
| ||||||
| 19 | (5) abandoned quarries used solely for the disposal of | ||||||
| 20 | concrete, earth
materials, gravel, or aggregate debris | ||||||
| 21 | resulting from road construction
activities conducted by a | ||||||
| 22 | unit of government or construction activities due
to the | ||||||
| 23 | construction and installation of underground pipes, lines, | ||||||
| 24 | conduit
or wires off of the premises of a public utility | ||||||
| 25 | company which are
conducted by a public utility;
| ||||||
| 26 | (6) sites or facilities used by any person to | ||||||
| |||||||
| |||||||
| 1 | specifically conduct a
landscape composting operation;
| ||||||
| 2 | (7) regional facilities as defined in the Central | ||||||
| 3 | Midwest Interstate
Low-Level Radioactive Waste Compact;
| ||||||
| 4 | (8) the portion of a site or facility where coal | ||||||
| 5 | combustion wastes are
stored or disposed of in accordance | ||||||
| 6 | with subdivision (r)(2) or (r)(3) of
Section 21;
| ||||||
| 7 | (9) the portion of a site or facility used for the | ||||||
| 8 | collection,
storage or processing of waste tires as defined | ||||||
| 9 | in Title XIV;
| ||||||
| 10 | (10) the portion of a site or facility used for | ||||||
| 11 | treatment of
petroleum contaminated materials by | ||||||
| 12 | application onto or incorporation into
the soil surface and | ||||||
| 13 | any portion of that site or facility used for storage
of | ||||||
| 14 | petroleum contaminated materials before treatment. Only | ||||||
| 15 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
| 16 | are exempt under this subdivision (10);
| ||||||
| 17 | (11) the portion of a site or facility where used oil | ||||||
| 18 | is collected or
stored prior to shipment to a recycling or | ||||||
| 19 | energy recovery facility, provided
that the used oil is | ||||||
| 20 | generated by households or commercial establishments, and
| ||||||
| 21 | the site or facility is a recycling center or a business | ||||||
| 22 | where oil or gasoline
is sold at retail; | ||||||
| 23 | (11.5) processing sites or facilities that receive | ||||||
| 24 | only on-specification used oil, as defined in 35 Ill. | ||||||
| 25 | Admin. Code 739, originating from used oil collectors for | ||||||
| 26 | processing that is managed under 35 Ill. Admin. Code 739 to | ||||||
| |||||||
| |||||||
| 1 | produce products for sale to off-site petroleum | ||||||
| 2 | facilities, if these processing sites or facilities are: | ||||||
| 3 | (i) located within a home rule unit of local government | ||||||
| 4 | with a population of at least 30,000 according to the 2000 | ||||||
| 5 | federal census, that home rule unit of local government has | ||||||
| 6 | been designated as an Urban Round II Empowerment Zone by | ||||||
| 7 | the United States Department of Housing and Urban | ||||||
| 8 | Development, and that home rule unit of local government | ||||||
| 9 | has enacted an ordinance approving the location of the site | ||||||
| 10 | or facility and provided funding for the site or facility; | ||||||
| 11 | and (ii) in compliance with all applicable zoning | ||||||
| 12 | requirements;
| ||||||
| 13 | (12) the portion of a site or facility utilizing coal | ||||||
| 14 | combustion waste
for stabilization and treatment of only | ||||||
| 15 | waste generated on that site or
facility when used in | ||||||
| 16 | connection with response actions pursuant to the federal
| ||||||
| 17 | Comprehensive Environmental Response, Compensation, and | ||||||
| 18 | Liability Act of 1980,
the federal Resource Conservation | ||||||
| 19 | and Recovery Act of 1976, or the Illinois
Environmental | ||||||
| 20 | Protection Act or as authorized by the Agency;
| ||||||
| 21 | (13) the portion of a site or facility that (i) accepts | ||||||
| 22 | exclusively general
construction or demolition debris, | ||||||
| 23 | (ii) is located in a county with a population over
| ||||||
| 24 | 3,000,000 as of January 1, 2000 or in a county that is | ||||||
| 25 | contiguous to such a county, and (iii) is operated and | ||||||
| 26 | located in accordance with Section 22.38 of this Act; | ||||||
| |||||||
| |||||||
| 1 | (14) the portion of a site or facility, located within | ||||||
| 2 | a unit of local government that has enacted local zoning | ||||||
| 3 | requirements, used to accept, separate, and process | ||||||
| 4 | uncontaminated broken concrete, with or without protruding | ||||||
| 5 | metal bars, provided that the uncontaminated broken | ||||||
| 6 | concrete and metal bars are not speculatively accumulated, | ||||||
| 7 | are at the site or facility no longer than one year after | ||||||
| 8 | their acceptance, and are returned to the economic | ||||||
| 9 | mainstream in the form of raw materials or products;
| ||||||
| 10 | (15) the portion of a site or facility located in a | ||||||
| 11 | county with a population over 3,000,000 that has obtained | ||||||
| 12 | local siting approval under Section 39.2 of this Act for a | ||||||
| 13 | municipal waste incinerator on or before July 1, 2005 and | ||||||
| 14 | that is used for a non-hazardous waste transfer station;
| ||||||
| 15 | (16) a site or facility that temporarily holds in | ||||||
| 16 | transit for 10 days or less, non-putrescible solid waste in | ||||||
| 17 | original containers, no larger in capacity than 500 | ||||||
| 18 | gallons, provided that such waste is further transferred to | ||||||
| 19 | a recycling, disposal, treatment, or storage facility on a | ||||||
| 20 | non-contiguous site and provided such site or facility | ||||||
| 21 | complies with the applicable 10-day transfer requirements | ||||||
| 22 | of the federal Resource Conservation and Recovery Act of | ||||||
| 23 | 1976 and United States Department of Transportation | ||||||
| 24 | hazardous material requirements. For purposes of this | ||||||
| 25 | Section only, "non-putrescible solid waste" means waste | ||||||
| 26 | other than municipal garbage that does not rot or become | ||||||
| |||||||
| |||||||
| 1 | putrid, including, but not limited to, paints, solvent, | ||||||
| 2 | filters, and absorbents;
| ||||||
| 3 | (17)
the portion of a site or facility located in a | ||||||
| 4 | county with a population greater than 3,000,000 that has | ||||||
| 5 | obtained local siting approval, under Section 39.2 of this | ||||||
| 6 | Act, for a municipal waste incinerator on or before July 1, | ||||||
| 7 | 2005 and that is used for wood combustion facilities for | ||||||
| 8 | energy recovery that accept and burn only wood material, as | ||||||
| 9 | included in a fuel specification approved by the Agency;
| ||||||
| 10 | (18)
a transfer station used exclusively for landscape | ||||||
| 11 | waste, including a transfer station where landscape waste | ||||||
| 12 | is ground to reduce its volume, where the landscape waste | ||||||
| 13 | is held no longer than 24 hours from the time it was | ||||||
| 14 | received; | ||||||
| 15 | (19) the portion of a site or facility that (i) is used | ||||||
| 16 | for the composting of food scrap, livestock waste, crop | ||||||
| 17 | residue, uncontaminated wood waste, or paper waste, | ||||||
| 18 | including, but not limited to, corrugated paper or | ||||||
| 19 | cardboard, and (ii) meets all of the following | ||||||
| 20 | requirements: | ||||||
| 21 | (A) There must not be more than a total of 30,000 | ||||||
| 22 | cubic yards of livestock waste in raw form or in the | ||||||
| 23 | process of being composted at the site or facility at | ||||||
| 24 | any one time. | ||||||
| 25 | (B) All food scrap, livestock waste, crop residue, | ||||||
| 26 | uncontaminated wood waste, and paper waste must, by the | ||||||
| |||||||
| |||||||
| 1 | end of each operating day, be processed and placed into | ||||||
| 2 | an enclosed vessel in which air flow and temperature | ||||||
| 3 | are controlled, or all of the following additional | ||||||
| 4 | requirements must be met: | ||||||
| 5 | (i) The portion of the site or facility used | ||||||
| 6 | for the composting operation must include a | ||||||
| 7 | setback of at least 200 feet from the nearest | ||||||
| 8 | potable water supply well. | ||||||
| 9 | (ii) The portion of the site or facility used | ||||||
| 10 | for the composting operation must be located | ||||||
| 11 | outside the boundary of the 10-year floodplain or | ||||||
| 12 | floodproofed. | ||||||
| 13 | (iii) Except in municipalities with more than | ||||||
| 14 | 1,000,000 inhabitants, the portion of the site or | ||||||
| 15 | facility used for the composting operation must be | ||||||
| 16 | located at least one-eighth of a mile from the | ||||||
| 17 | nearest residence, other than a residence located | ||||||
| 18 | on the same property as the site or facility. | ||||||
| 19 | (iv) The portion of the site or facility used | ||||||
| 20 | for the composting operation must be located at | ||||||
| 21 | least one-eighth of a mile from the property line | ||||||
| 22 | of all of the following areas: | ||||||
| 23 | (I) Facilities that primarily serve to | ||||||
| 24 | house or treat people that are | ||||||
| 25 | immunocompromised or immunosuppressed, such as | ||||||
| 26 | cancer or AIDS patients; people with asthma, | ||||||
| |||||||
| |||||||
| 1 | cystic fibrosis, or bioaerosol allergies; or | ||||||
| 2 | children under the age of one year. | ||||||
| 3 | (II) Primary and secondary schools and | ||||||
| 4 | adjacent areas that the schools use for | ||||||
| 5 | recreation. | ||||||
| 6 | (III) Any facility for child care licensed | ||||||
| 7 | under Section 3 of the Child Care Act of 1969; | ||||||
| 8 | preschools; and adjacent areas that the | ||||||
| 9 | facilities or preschools use for recreation. | ||||||
| 10 | (v) By the end of each operating day, all food | ||||||
| 11 | scrap, livestock waste, crop residue, | ||||||
| 12 | uncontaminated wood waste, and paper waste must be | ||||||
| 13 | (i) processed into windrows or other piles and (ii) | ||||||
| 14 | covered in a manner that prevents scavenging by | ||||||
| 15 | birds and animals and that prevents other | ||||||
| 16 | nuisances. | ||||||
| 17 | (C) Food scrap, livestock waste, crop residue, | ||||||
| 18 | uncontaminated wood waste, paper waste, and compost | ||||||
| 19 | must not be placed within 5 feet of the water table. | ||||||
| 20 | (D) The site or facility must meet all of the | ||||||
| 21 | requirements of the Wild and Scenic Rivers Act (16 | ||||||
| 22 | U.S.C. 1271 et seq.). | ||||||
| 23 | (E) The site or facility must not (i) restrict the | ||||||
| 24 | flow of a 100-year flood, (ii) result in washout of | ||||||
| 25 | food scrap, livestock waste, crop residue, | ||||||
| 26 | uncontaminated wood waste, or paper waste from a | ||||||
| |||||||
| |||||||
| 1 | 100-year flood, or (iii) reduce the temporary water | ||||||
| 2 | storage capacity of the 100-year floodplain, unless | ||||||
| 3 | measures are undertaken to provide alternative storage | ||||||
| 4 | capacity, such as by providing lagoons, holding tanks, | ||||||
| 5 | or drainage around structures at the facility. | ||||||
| 6 | (F) The site or facility must not be located in any | ||||||
| 7 | area where it may pose a threat of harm or destruction | ||||||
| 8 | to the features for which: | ||||||
| 9 | (i) an irreplaceable historic or | ||||||
| 10 | archaeological site has been listed under the | ||||||
| 11 | National Historic Preservation Act (16 U.S.C. 470 | ||||||
| 12 | et seq.) or the Illinois Historic Preservation | ||||||
| 13 | Act; | ||||||
| 14 | (ii) a natural landmark has been designated by | ||||||
| 15 | the National Park Service or the Illinois State | ||||||
| 16 | Historic Preservation Office; or | ||||||
| 17 | (iii) a natural area has been designated as a | ||||||
| 18 | Dedicated Illinois Nature Preserve under the | ||||||
| 19 | Illinois Natural Areas Preservation Act. | ||||||
| 20 | (G) The site or facility must not be located in an | ||||||
| 21 | area where it may jeopardize the continued existence of | ||||||
| 22 | any designated endangered species, result in the | ||||||
| 23 | destruction or adverse modification of the critical | ||||||
| 24 | habitat for such species, or cause or contribute to the | ||||||
| 25 | taking of any endangered or threatened species of | ||||||
| 26 | plant, fish, or wildlife listed under the Endangered | ||||||
| |||||||
| |||||||
| 1 | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | ||||||
| 2 | Endangered Species Protection Act; | ||||||
| 3 | (20) the portion of a site or facility that is located | ||||||
| 4 | entirely within a home rule unit having a population of no | ||||||
| 5 | less than 120,000 and no more than 135,000, according to | ||||||
| 6 | the 2000 federal census, and that meets all of the | ||||||
| 7 | following requirements: | ||||||
| 8 | (i) the portion of the site or facility is used | ||||||
| 9 | exclusively to perform testing of a thermochemical | ||||||
| 10 | conversion technology using only woody biomass, | ||||||
| 11 | collected as landscape waste within the boundaries | ||||||
| 12 | of the home rule unit, as the hydrocarbon feedstock | ||||||
| 13 | for the production of synthetic gas in accordance | ||||||
| 14 | with Section 39.9 of this Act; | ||||||
| 15 | (ii) the portion of the site or facility is in | ||||||
| 16 | compliance with all applicable zoning | ||||||
| 17 | requirements; and | ||||||
| 18 | (iii) a complete application for a | ||||||
| 19 | demonstration permit at the portion of the site or | ||||||
| 20 | facility has been submitted to the Agency in | ||||||
| 21 | accordance with Section 39.9 of this Act within one | ||||||
| 22 | year after July 27, 2010 (the effective date of | ||||||
| 23 | Public Act 96-1314); | ||||||
| 24 | (21) the portion of a site or facility used to perform | ||||||
| 25 | limited testing of a gasification conversion technology in | ||||||
| 26 | accordance with Section 39.8 of this Act and for which a | ||||||
| |||||||
| |||||||
| 1 | complete permit application has been submitted to the | ||||||
| 2 | Agency prior to one year from April 9, 2010 (the effective | ||||||
| 3 | date of Public Act 96-887);
| ||||||
| 4 | (22) the portion of a site or facility that is used to | ||||||
| 5 | incinerate only pharmaceuticals from residential sources | ||||||
| 6 | that are collected and transported by law enforcement | ||||||
| 7 | agencies under Section 17.9A of this Act; and | ||||||
| 8 | (23) until July 1, 2017, the portion of a site or | ||||||
| 9 | facility: | ||||||
| 10 | (A) that is used exclusively for the transfer of | ||||||
| 11 | commingled landscape waste and food scrap held at the | ||||||
| 12 | site or facility for no longer than 24 hours after | ||||||
| 13 | their receipt; | ||||||
| 14 | (B) that is located entirely within a home rule | ||||||
| 15 | unit having a population of either (i) not less than | ||||||
| 16 | 100,000 and not more than 115,000 according to the 2010 | ||||||
| 17 | federal census or (ii) not less than 5,000 and not more | ||||||
| 18 | than 10,000 according to the 2010 federal census; | ||||||
| 19 | (C) that is permitted, by the Agency, prior to | ||||||
| 20 | January 1, 2002, for the transfer of landscape waste; | ||||||
| 21 | and | ||||||
| 22 | (D) for which a permit application is submitted to | ||||||
| 23 | the Agency within 6 months after January 1, 2014 (the | ||||||
| 24 | effective date of Public Act 98-146) this amendatory | ||||||
| 25 | Act of the 98th General Assembly to modify an existing | ||||||
| 26 | permit for the transfer of landscape waste to also | ||||||
| |||||||
| |||||||
| 1 | include, on a demonstration basis not to exceed 18 | ||||||
| 2 | months, the transfer of commingled landscape waste and | ||||||
| 3 | food scrap. | ||||||
| 4 | (b) A new pollution control facility is:
| ||||||
| 5 | (1) a pollution control facility initially permitted | ||||||
| 6 | for development or
construction after July 1, 1981; or
| ||||||
| 7 | (2) the area of expansion beyond the boundary of a | ||||||
| 8 | currently permitted
pollution control facility; or
| ||||||
| 9 | (3) a permitted pollution control facility requesting | ||||||
| 10 | approval to
store, dispose of, transfer or incinerate, for | ||||||
| 11 | the first time, any special
or hazardous waste.
| ||||||
| 12 | (Source: P.A. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12; | ||||||
| 13 | 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; revised 9-19-13.)
| ||||||
| 14 | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| ||||||
| 15 | Sec. 21. Prohibited acts. No person shall:
| ||||||
| 16 | (a) Cause or allow the open dumping of any waste.
| ||||||
| 17 | (b) Abandon, dump, or deposit any waste upon the public | ||||||
| 18 | highways or
other public property, except in a sanitary | ||||||
| 19 | landfill approved by the
Agency pursuant to regulations adopted | ||||||
| 20 | by the Board.
| ||||||
| 21 | (c) Abandon any vehicle in violation of the "Abandoned | ||||||
| 22 | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | ||||||
| 23 | the 76th General
Assembly.
| ||||||
| 24 | (d) Conduct any waste-storage, waste-treatment, or | ||||||
| 25 | waste-disposal
operation:
| ||||||
| |||||||
| |||||||
| 1 | (1) without a permit granted by the Agency or in | ||||||
| 2 | violation of any
conditions imposed by such permit, | ||||||
| 3 | including periodic reports and full
access to adequate | ||||||
| 4 | records and the inspection of facilities, as may be
| ||||||
| 5 | necessary to assure compliance with this Act and with | ||||||
| 6 | regulations and
standards adopted thereunder; provided, | ||||||
| 7 | however, that, except for municipal
solid waste landfill | ||||||
| 8 | units that receive waste on or after October 9, 1993,
no | ||||||
| 9 | permit shall be
required for (i) any person conducting a | ||||||
| 10 | waste-storage, waste-treatment, or
waste-disposal | ||||||
| 11 | operation for wastes generated by such person's own
| ||||||
| 12 | activities which are stored, treated, or disposed within | ||||||
| 13 | the site where
such wastes are generated, or (ii)
a | ||||||
| 14 | facility located in a county with a
population over 700,000 | ||||||
| 15 | as of January 1, 2000, operated and located in accordance | ||||||
| 16 | with
Section 22.38 of this Act, and used exclusively for | ||||||
| 17 | the transfer, storage, or
treatment of general | ||||||
| 18 | construction or demolition debris, provided that the | ||||||
| 19 | facility was receiving construction or demolition debris | ||||||
| 20 | on the effective date of this amendatory Act of the 96th | ||||||
| 21 | General Assembly;
| ||||||
| 22 | (2) in violation of any regulations or standards | ||||||
| 23 | adopted by the
Board under this Act; or
| ||||||
| 24 | (3) which receives waste after August 31, 1988, does | ||||||
| 25 | not have a permit
issued by the Agency, and is (i) a | ||||||
| 26 | landfill used exclusively for the
disposal of waste | ||||||
| |||||||
| |||||||
| 1 | generated at the site, (ii) a surface impoundment
receiving | ||||||
| 2 | special waste not listed in an NPDES permit, (iii) a waste | ||||||
| 3 | pile
in which the total volume of waste is greater than 100 | ||||||
| 4 | cubic yards or the
waste is stored for over one year, or | ||||||
| 5 | (iv) a land treatment facility
receiving special waste | ||||||
| 6 | generated at the site; without giving notice of the
| ||||||
| 7 | operation to the Agency by January 1, 1989, or 30 days | ||||||
| 8 | after the date on
which the operation commences, whichever | ||||||
| 9 | is later, and every 3 years
thereafter. The form for such | ||||||
| 10 | notification shall be specified by the
Agency, and shall be | ||||||
| 11 | limited to information regarding: the name and address
of | ||||||
| 12 | the location of the operation; the type of operation; the | ||||||
| 13 | types and
amounts of waste stored, treated or disposed of | ||||||
| 14 | on an annual basis; the
remaining capacity of the | ||||||
| 15 | operation; and the remaining expected life of
the | ||||||
| 16 | operation.
| ||||||
| 17 | Item (3) of this subsection (d) shall not apply to any | ||||||
| 18 | person
engaged in agricultural activity who is disposing of a | ||||||
| 19 | substance that
constitutes solid waste, if the substance was | ||||||
| 20 | acquired for use by that
person on his own property, and the | ||||||
| 21 | substance is disposed of on his own
property in accordance with | ||||||
| 22 | regulations or standards adopted by the Board.
| ||||||
| 23 | This subsection (d) shall not apply to hazardous waste.
| ||||||
| 24 | (e) Dispose, treat, store or abandon any waste, or | ||||||
| 25 | transport any waste
into this State for disposal, treatment, | ||||||
| 26 | storage or abandonment, except at
a site or facility which | ||||||
| |||||||
| |||||||
| 1 | meets the requirements of this Act and of
regulations and | ||||||
| 2 | standards thereunder.
| ||||||
| 3 | (f) Conduct any hazardous waste-storage, hazardous | ||||||
| 4 | waste-treatment or
hazardous waste-disposal operation:
| ||||||
| 5 | (1) without a RCRA permit for the site issued by the | ||||||
| 6 | Agency under
subsection (d) of Section 39 of this Act, or | ||||||
| 7 | in violation of any condition
imposed by such permit, | ||||||
| 8 | including periodic reports and full access to
adequate | ||||||
| 9 | records and the inspection of facilities, as may be | ||||||
| 10 | necessary to
assure compliance with this Act and with | ||||||
| 11 | regulations and standards adopted
thereunder; or
| ||||||
| 12 | (2) in violation of any regulations or standards | ||||||
| 13 | adopted by the Board
under this Act; or
| ||||||
| 14 | (3) in violation of any RCRA permit filing requirement | ||||||
| 15 | established under
standards adopted by the Board under this | ||||||
| 16 | Act; or
| ||||||
| 17 | (4) in violation of any order adopted by the Board | ||||||
| 18 | under this Act.
| ||||||
| 19 | Notwithstanding the above, no RCRA permit shall be required | ||||||
| 20 | under this
subsection or subsection (d) of Section 39 of this | ||||||
| 21 | Act for any
person engaged in agricultural activity who is | ||||||
| 22 | disposing of a substance
which has been identified as a | ||||||
| 23 | hazardous waste, and which has been
designated by Board | ||||||
| 24 | regulations as being subject to this exception, if the
| ||||||
| 25 | substance was acquired for use by that person on his own | ||||||
| 26 | property and the
substance is disposed of on his own property | ||||||
| |||||||
| |||||||
| 1 | in accordance with regulations
or standards adopted by the | ||||||
| 2 | Board.
| ||||||
| 3 | (g) Conduct any hazardous waste-transportation operation:
| ||||||
| 4 | (1) without registering with and obtaining a special | ||||||
| 5 | waste hauling permit from the Agency in
accordance with the | ||||||
| 6 | regulations adopted by the Board under this Act; or
| ||||||
| 7 | (2) in violation of any regulations or standards | ||||||
| 8 | adopted by
the
Board under this Act.
| ||||||
| 9 | (h) Conduct any hazardous waste-recycling or hazardous | ||||||
| 10 | waste-reclamation
or hazardous waste-reuse operation in | ||||||
| 11 | violation of any regulations, standards
or permit requirements | ||||||
| 12 | adopted by the Board under this Act.
| ||||||
| 13 | (i) Conduct any process or engage in any act which produces | ||||||
| 14 | hazardous
waste in violation of any regulations or standards | ||||||
| 15 | adopted by the Board
under subsections (a) and (c) of Section | ||||||
| 16 | 22.4 of this Act.
| ||||||
| 17 | (j) Conduct any special waste transportation operation in | ||||||
| 18 | violation
of any regulations, standards or permit requirements | ||||||
| 19 | adopted by the Board
under this Act. However, sludge from a | ||||||
| 20 | water or sewage treatment plant
owned and operated by a unit of | ||||||
| 21 | local government which (1) is subject to a
sludge management | ||||||
| 22 | plan approved by the Agency or a permit granted by the
Agency, | ||||||
| 23 | and (2) has been tested and determined not to be a hazardous | ||||||
| 24 | waste
as required by applicable State and federal laws and | ||||||
| 25 | regulations, may be
transported in this State without a special | ||||||
| 26 | waste hauling permit, and the
preparation and carrying of a | ||||||
| |||||||
| |||||||
| 1 | manifest shall not be required for such
sludge under the rules | ||||||
| 2 | of the Pollution Control Board. The unit of local
government | ||||||
| 3 | which operates the treatment plant producing such sludge shall
| ||||||
| 4 | file a semiannual report with the Agency identifying the volume | ||||||
| 5 | of such
sludge transported during the reporting period, the | ||||||
| 6 | hauler of the sludge,
and the disposal sites to which it was | ||||||
| 7 | transported. This subsection (j)
shall not apply to hazardous | ||||||
| 8 | waste.
| ||||||
| 9 | (k) Fail or refuse to pay any fee imposed under this Act.
| ||||||
| 10 | (l) Locate a hazardous waste disposal site above an active | ||||||
| 11 | or
inactive shaft or tunneled mine or within 2 miles of an | ||||||
| 12 | active fault in
the earth's crust. In counties of population | ||||||
| 13 | less than 225,000 no
hazardous waste disposal site shall be | ||||||
| 14 | located (1) within 1 1/2 miles of
the corporate limits as | ||||||
| 15 | defined on June 30, 1978, of any municipality
without the | ||||||
| 16 | approval of the governing body of the municipality in an
| ||||||
| 17 | official action; or (2) within 1000 feet of an existing private | ||||||
| 18 | well or
the existing source of a public water supply measured | ||||||
| 19 | from the boundary
of the actual active permitted site and | ||||||
| 20 | excluding existing private wells
on the property of the permit | ||||||
| 21 | applicant. The provisions of this
subsection do not apply to | ||||||
| 22 | publicly-owned sewage works or the disposal
or utilization of | ||||||
| 23 | sludge from publicly-owned sewage works.
| ||||||
| 24 | (m) Transfer interest in any land which has been used as a
| ||||||
| 25 | hazardous waste disposal site without written notification to | ||||||
| 26 | the Agency
of the transfer and to the transferee of the | ||||||
| |||||||
| |||||||
| 1 | conditions imposed by the Agency
upon its use under subsection | ||||||
| 2 | (g) of Section 39.
| ||||||
| 3 | (n) Use any land which has been used as a hazardous waste
| ||||||
| 4 | disposal site except in compliance with conditions imposed by | ||||||
| 5 | the Agency
under subsection (g) of Section 39.
| ||||||
| 6 | (o) Conduct a sanitary landfill operation which is required | ||||||
| 7 | to have a
permit under subsection (d) of this Section, in a | ||||||
| 8 | manner which results in
any of the following conditions:
| ||||||
| 9 | (1) refuse in standing or flowing waters;
| ||||||
| 10 | (2) leachate flows entering waters of the State;
| ||||||
| 11 | (3) leachate flows exiting the landfill confines (as | ||||||
| 12 | determined by the
boundaries established for the landfill | ||||||
| 13 | by a permit issued by the Agency);
| ||||||
| 14 | (4) open burning of refuse in violation of Section 9 of | ||||||
| 15 | this Act;
| ||||||
| 16 | (5) uncovered refuse remaining from any previous | ||||||
| 17 | operating day or at the
conclusion of any operating day, | ||||||
| 18 | unless authorized by permit;
| ||||||
| 19 | (6) failure to provide final cover within time limits | ||||||
| 20 | established by
Board regulations;
| ||||||
| 21 | (7) acceptance of wastes without necessary permits;
| ||||||
| 22 | (8) scavenging as defined by Board regulations;
| ||||||
| 23 | (9) deposition of refuse in any unpermitted portion of | ||||||
| 24 | the landfill;
| ||||||
| 25 | (10) acceptance of a special waste without a required | ||||||
| 26 | manifest;
| ||||||
| |||||||
| |||||||
| 1 | (11) failure to submit reports required by permits or | ||||||
| 2 | Board regulations;
| ||||||
| 3 | (12) failure to collect and contain litter from the | ||||||
| 4 | site by the end of
each operating day;
| ||||||
| 5 | (13) failure to submit any cost estimate for the site | ||||||
| 6 | or any performance
bond or other security for the site as | ||||||
| 7 | required by this Act or Board rules.
| ||||||
| 8 | The prohibitions specified in this subsection (o) shall be | ||||||
| 9 | enforceable by
the Agency either by administrative citation | ||||||
| 10 | under Section 31.1 of this Act
or as otherwise provided by this | ||||||
| 11 | Act. The specific prohibitions in this
subsection do not limit | ||||||
| 12 | the power of the Board to establish regulations
or standards | ||||||
| 13 | applicable to sanitary landfills.
| ||||||
| 14 | (p) In violation of subdivision (a) of this Section, cause | ||||||
| 15 | or allow the
open dumping of any waste in a manner which | ||||||
| 16 | results in any of the following
occurrences at the dump site:
| ||||||
| 17 | (1) litter;
| ||||||
| 18 | (2) scavenging;
| ||||||
| 19 | (3) open burning;
| ||||||
| 20 | (4) deposition of waste in standing or flowing waters;
| ||||||
| 21 | (5) proliferation of disease vectors;
| ||||||
| 22 | (6) standing or flowing liquid discharge from the dump | ||||||
| 23 | site;
| ||||||
| 24 | (7) deposition of:
| ||||||
| 25 | (i) general construction or demolition debris as | ||||||
| 26 | defined in Section
3.160(a) of this Act; or
| ||||||
| |||||||
| |||||||
| 1 | (ii) clean construction or demolition debris as | ||||||
| 2 | defined in Section
3.160(b) of this Act.
| ||||||
| 3 | The prohibitions specified in this subsection (p) shall be
| ||||||
| 4 | enforceable by the Agency either by administrative citation | ||||||
| 5 | under Section
31.1 of this Act or as otherwise provided by this | ||||||
| 6 | Act. The specific
prohibitions in this subsection do not limit | ||||||
| 7 | the power of the Board to
establish regulations or standards | ||||||
| 8 | applicable to open dumping.
| ||||||
| 9 | (q) Conduct a landscape waste composting operation without | ||||||
| 10 | an Agency
permit, provided, however, that no permit shall be | ||||||
| 11 | required for any person:
| ||||||
| 12 | (1) conducting a landscape waste composting operation | ||||||
| 13 | for landscape
wastes generated by such person's own | ||||||
| 14 | activities which are stored, treated,
or disposed of within | ||||||
| 15 | the site where such wastes are generated; or
| ||||||
| 16 | (1.5) conducting a landscape waste composting | ||||||
| 17 | operation that (i) has no more than 25 cubic yards of | ||||||
| 18 | landscape waste, composting additives, composting | ||||||
| 19 | material, or end-product compost on-site at any one time | ||||||
| 20 | and (ii) is not engaging in commercial activity; or
| ||||||
| 21 | (2) applying landscape waste or composted landscape | ||||||
| 22 | waste at agronomic
rates; or
| ||||||
| 23 | (2.5) operating a landscape waste composting facility | ||||||
| 24 | at a site having 10 or more occupied non-farm residences | ||||||
| 25 | within 1/2 mile of its boundaries, if the facility meets | ||||||
| 26 | all of the following criteria: | ||||||
| |||||||
| |||||||
| 1 | (A) the composting facility is operated by the | ||||||
| 2 | farmer on property on which the composting material is | ||||||
| 3 | utilized, and the composting facility
constitutes no | ||||||
| 4 | more than 2% of the site's total acreage; | ||||||
| 5 | (A-5) any composting additives that the composting | ||||||
| 6 | facility accepts and uses at the facility are necessary | ||||||
| 7 | to provide proper conditions for composting and do not | ||||||
| 8 | exceed 10% of the total composting material at the | ||||||
| 9 | facility at any one time; | ||||||
| 10 | (B) the property on which the composting facility | ||||||
| 11 | is located, and any associated property on which the | ||||||
| 12 | compost is used, is principally and diligently devoted | ||||||
| 13 | to the production of agricultural crops and is not | ||||||
| 14 | owned, leased, or otherwise controlled by any waste | ||||||
| 15 | hauler or generator of nonagricultural compost | ||||||
| 16 | materials, and the operator of the composting facility | ||||||
| 17 | is not an employee, partner, shareholder, or in any way | ||||||
| 18 | connected with or controlled by any such waste hauler | ||||||
| 19 | or generator; | ||||||
| 20 | (C) all compost generated by the composting | ||||||
| 21 | facility is applied at agronomic rates and used as | ||||||
| 22 | mulch, fertilizer, or soil conditioner on land | ||||||
| 23 | actually farmed by the person operating the composting | ||||||
| 24 | facility, and the finished compost is not stored at the | ||||||
| 25 | composting site for a period longer than 18 months | ||||||
| 26 | prior to its application as mulch, fertilizer, or soil | ||||||
| |||||||
| |||||||
| 1 | conditioner; | ||||||
| 2 | (D) no fee is charged for the acceptance of | ||||||
| 3 | materials to be composted at the facility; and | ||||||
| 4 | (E) the owner or operator, by January 1, 2014 (or | ||||||
| 5 | the January 1
following commencement of operation, | ||||||
| 6 | whichever is later) and January 1 of
each year | ||||||
| 7 | thereafter, registers the site with the Agency, (ii) | ||||||
| 8 | reports to the Agency on the volume of composting | ||||||
| 9 | material received and used at the site; (iii) certifies | ||||||
| 10 | to the Agency that the site complies with the
| ||||||
| 11 | requirements set forth in subparagraphs (A), (A-5), | ||||||
| 12 | (B), (C), and (D) of this paragraph
(2.5); and (iv) | ||||||
| 13 | certifies to the Agency that all composting material | ||||||
| 14 | was placed more than 200 feet from the nearest potable | ||||||
| 15 | water supply well, was placed outside the boundary of | ||||||
| 16 | the 10-year floodplain or on a part of the site that is | ||||||
| 17 | floodproofed, was placed at least 1/4 mile from the | ||||||
| 18 | nearest residence (other than a residence located on | ||||||
| 19 | the same property as the facility) or a lesser distance | ||||||
| 20 | from the nearest residence (other than a residence | ||||||
| 21 | located on the same property as the facility) if the | ||||||
| 22 | municipality in which the facility is located has by | ||||||
| 23 | ordinance approved a lesser distance than 1/4 mile, and | ||||||
| 24 | was placed more than 5 feet above the water table; any | ||||||
| 25 | ordinance approving a residential setback of less than | ||||||
| 26 | 1/4 mile that is used to meet the requirements of this | ||||||
| |||||||
| |||||||
| 1 | subparagraph (E) of paragraph (2.5) of this subsection | ||||||
| 2 | must specifically reference this paragraph; or
| ||||||
| 3 | (3) operating a landscape waste composting facility on | ||||||
| 4 | a farm, if the
facility meets all of the following | ||||||
| 5 | criteria:
| ||||||
| 6 | (A) the composting facility is operated by the | ||||||
| 7 | farmer on property on
which the composting material is | ||||||
| 8 | utilized, and the composting facility
constitutes no | ||||||
| 9 | more than 2% of the property's total acreage, except | ||||||
| 10 | that
the Board may allow a higher percentage for | ||||||
| 11 | individual sites where the owner
or operator has | ||||||
| 12 | demonstrated to the Board that the site's soil
| ||||||
| 13 | characteristics or crop needs require a higher rate;
| ||||||
| 14 | (A-1) the composting facility accepts from other | ||||||
| 15 | agricultural operations for composting with landscape | ||||||
| 16 | waste no materials other than uncontaminated and | ||||||
| 17 | source-separated (i) crop residue and other | ||||||
| 18 | agricultural plant residue generated from the | ||||||
| 19 | production and harvesting of crops and other customary | ||||||
| 20 | farm practices, including, but not limited to, stalks, | ||||||
| 21 | leaves, seed pods, husks, bagasse, and roots and (ii) | ||||||
| 22 | plant-derived animal bedding, such as straw or | ||||||
| 23 | sawdust, that is free of manure and was not made from | ||||||
| 24 | painted or treated wood; | ||||||
| 25 | (A-2) any composting additives that the composting | ||||||
| 26 | facility accepts and uses at the facility are necessary | ||||||
| |||||||
| |||||||
| 1 | to provide proper conditions for composting and do not | ||||||
| 2 | exceed 10% of the total composting material at the | ||||||
| 3 | facility at any one time;
| ||||||
| 4 | (B) the property on which the composting facility | ||||||
| 5 | is located, and any
associated property on which the | ||||||
| 6 | compost is used, is principally and
diligently devoted | ||||||
| 7 | to the production of agricultural crops and
is not | ||||||
| 8 | owned, leased or otherwise controlled by any waste | ||||||
| 9 | hauler
or generator of nonagricultural compost | ||||||
| 10 | materials, and the operator of the
composting facility | ||||||
| 11 | is not an employee, partner, shareholder, or in any way
| ||||||
| 12 | connected with or controlled by any such waste hauler | ||||||
| 13 | or generator;
| ||||||
| 14 | (C) all compost generated by the composting | ||||||
| 15 | facility is applied at
agronomic rates and used as | ||||||
| 16 | mulch, fertilizer or soil conditioner on land
actually | ||||||
| 17 | farmed by the person operating the composting | ||||||
| 18 | facility, and the
finished compost is not stored at the | ||||||
| 19 | composting site for a period longer
than 18 months | ||||||
| 20 | prior to its application as mulch, fertilizer, or soil | ||||||
| 21 | conditioner;
| ||||||
| 22 | (D) the owner or operator, by January 1 of
each | ||||||
| 23 | year, (i) registers the site with the Agency, (ii) | ||||||
| 24 | reports
to the Agency on the volume of composting | ||||||
| 25 | material received and used at the
site, (iii) certifies | ||||||
| 26 | to the Agency that the site complies with the
| ||||||
| |||||||
| |||||||
| 1 | requirements set forth in subparagraphs (A), (A-1), | ||||||
| 2 | (A-2), (B), and (C) of this paragraph
(q)(3), and (iv) | ||||||
| 3 | certifies to the Agency that all composting material: | ||||||
| 4 | (I) was
placed more than 200 feet from the | ||||||
| 5 | nearest potable water supply well; | ||||||
| 6 | (II) was
placed outside the boundary of the | ||||||
| 7 | 10-year floodplain or on a part of the
site that is | ||||||
| 8 | floodproofed; | ||||||
| 9 | (III) was placed either (aa) at least 1/4 mile | ||||||
| 10 | from the nearest
residence (other than a residence | ||||||
| 11 | located on the same property as the
facility) and | ||||||
| 12 | there are not more than 10 occupied non-farm | ||||||
| 13 | residences
within 1/2 mile of the boundaries of the | ||||||
| 14 | site on the date of application or (bb) a lesser | ||||||
| 15 | distance from the nearest residence (other than a | ||||||
| 16 | residence located on the same property as the | ||||||
| 17 | facility) provided that the municipality or county | ||||||
| 18 | in which the facility is located has by ordinance | ||||||
| 19 | approved a lesser distance than 1/4 mile and there | ||||||
| 20 | are not more than 10 occupied non-farm residences
| ||||||
| 21 | within 1/2 mile of the boundaries of the site on | ||||||
| 22 | the date of application;
and | ||||||
| 23 | (IV) was placed more than 5 feet above the | ||||||
| 24 | water table. | ||||||
| 25 | Any ordinance approving a residential setback of | ||||||
| 26 | less than 1/4 mile that is used to meet the | ||||||
| |||||||
| |||||||
| 1 | requirements of this subparagraph (D) must | ||||||
| 2 | specifically reference this subparagraph.
| ||||||
| 3 | For the purposes of this subsection (q), "agronomic rates" | ||||||
| 4 | means the
application of not more than 20 tons per acre per | ||||||
| 5 | year, except that the
Board may allow a higher rate for | ||||||
| 6 | individual sites where the owner or
operator has demonstrated | ||||||
| 7 | to the Board that the site's soil
characteristics or crop needs | ||||||
| 8 | require a higher rate.
| ||||||
| 9 | (r) Cause or allow the storage or disposal of coal | ||||||
| 10 | combustion
waste unless:
| ||||||
| 11 | (1) such waste is stored or disposed of at a site or
| ||||||
| 12 | facility for which
a permit has been obtained or is not | ||||||
| 13 | otherwise required under subsection
(d) of this Section; or
| ||||||
| 14 | (2) such waste is stored or disposed of as a part of
| ||||||
| 15 | the design and
reclamation of a site or facility which is | ||||||
| 16 | an abandoned mine site in
accordance with the Abandoned | ||||||
| 17 | Mined Lands and Water Reclamation Act; or
| ||||||
| 18 | (3) such waste is stored or disposed of at a site or
| ||||||
| 19 | facility which is
operating under NPDES and Subtitle D | ||||||
| 20 | permits issued by the Agency pursuant
to regulations | ||||||
| 21 | adopted by the Board for mine-related water pollution and
| ||||||
| 22 | permits issued pursuant to the Federal Surface Mining | ||||||
| 23 | Control and
Reclamation Act of 1977 (P.L. 95-87) or the | ||||||
| 24 | rules and regulations
thereunder or any law or rule or | ||||||
| 25 | regulation adopted by the State of
Illinois pursuant | ||||||
| 26 | thereto, and the owner or operator of the facility agrees
| ||||||
| |||||||
| |||||||
| 1 | to accept the waste; and either
| ||||||
| 2 | (i) such waste is stored or disposed of in | ||||||
| 3 | accordance
with requirements
applicable to refuse | ||||||
| 4 | disposal under regulations adopted by the Board for
| ||||||
| 5 | mine-related water pollution and pursuant to NPDES and | ||||||
| 6 | Subtitle D permits
issued by the Agency under such | ||||||
| 7 | regulations; or
| ||||||
| 8 | (ii) the owner or operator of the facility | ||||||
| 9 | demonstrates all of the
following to the Agency, and | ||||||
| 10 | the facility is operated in accordance with
the | ||||||
| 11 | demonstration as approved by the Agency: (1) the | ||||||
| 12 | disposal area will be
covered in a manner that will | ||||||
| 13 | support continuous vegetation, (2) the
facility will | ||||||
| 14 | be adequately protected from wind and water erosion, | ||||||
| 15 | (3) the
pH will be maintained so as to prevent | ||||||
| 16 | excessive leaching of metal ions,
and (4) adequate | ||||||
| 17 | containment or other measures will be provided to | ||||||
| 18 | protect
surface water and groundwater from | ||||||
| 19 | contamination at levels prohibited by
this Act, the | ||||||
| 20 | Illinois Groundwater Protection Act, or regulations | ||||||
| 21 | adopted
pursuant thereto.
| ||||||
| 22 | Notwithstanding any other provision of this Title, the | ||||||
| 23 | disposal of coal
combustion waste pursuant to item (2) or (3) | ||||||
| 24 | of this
subdivision (r) shall
be exempt from the other | ||||||
| 25 | provisions of this Title V, and notwithstanding
the provisions | ||||||
| 26 | of Title X of this Act, the Agency is authorized to grant
| ||||||
| |||||||
| |||||||
| 1 | experimental permits which include provision for the disposal | ||||||
| 2 | of
wastes from the combustion of coal and other materials | ||||||
| 3 | pursuant to items
(2) and (3) of this subdivision (r).
| ||||||
| 4 | (s) After April 1, 1989, offer for transportation, | ||||||
| 5 | transport, deliver,
receive or accept special waste for which a | ||||||
| 6 | manifest is required, unless
the manifest indicates that the | ||||||
| 7 | fee required under Section 22.8 of this
Act has been paid.
| ||||||
| 8 | (t) Cause or allow a lateral expansion of a municipal solid | ||||||
| 9 | waste landfill
unit on or after October 9, 1993, without a | ||||||
| 10 | permit modification, granted by the
Agency, that authorizes the | ||||||
| 11 | lateral expansion.
| ||||||
| 12 | (u) Conduct any vegetable by-product treatment, storage, | ||||||
| 13 | disposal or
transportation operation in violation of any | ||||||
| 14 | regulation, standards or permit
requirements adopted by the | ||||||
| 15 | Board under this Act. However, no permit shall be
required | ||||||
| 16 | under this Title V for the land application of vegetable | ||||||
| 17 | by-products
conducted pursuant to Agency permit issued under | ||||||
| 18 | Title III of this Act to
the generator of the vegetable | ||||||
| 19 | by-products. In addition, vegetable by-products
may be | ||||||
| 20 | transported in this State without a special waste hauling | ||||||
| 21 | permit, and
without the preparation and carrying of a manifest.
| ||||||
| 22 | (v) (Blank).
| ||||||
| 23 | (w) Conduct any generation, transportation, or recycling | ||||||
| 24 | of construction or
demolition debris, clean or general, or | ||||||
| 25 | uncontaminated soil generated during
construction, remodeling, | ||||||
| 26 | repair, and demolition of utilities, structures, and
roads that | ||||||
| |||||||
| |||||||
| 1 | is not commingled with any waste, without the maintenance of
| ||||||
| 2 | documentation identifying the hauler, generator, place of | ||||||
| 3 | origin of the debris
or soil, the weight or volume of the | ||||||
| 4 | debris or soil, and the location, owner,
and operator of the | ||||||
| 5 | facility where the debris or soil was transferred,
disposed, | ||||||
| 6 | recycled, or treated. This documentation must be maintained by | ||||||
| 7 | the
generator, transporter, or recycler for 3 years.
This | ||||||
| 8 | subsection (w) shall not apply to (1) a permitted pollution | ||||||
| 9 | control
facility that transfers or accepts construction or | ||||||
| 10 | demolition debris,
clean or general, or uncontaminated soil for | ||||||
| 11 | final disposal, recycling, or
treatment, (2) a public utility | ||||||
| 12 | (as that term is defined in the Public
Utilities Act) or a | ||||||
| 13 | municipal utility, (3) the Illinois Department of
| ||||||
| 14 | Transportation, or (4) a municipality or a county highway | ||||||
| 15 | department, with
the exception of any municipality or county | ||||||
| 16 | highway department located within a
county having a population | ||||||
| 17 | of over 3,000,000 inhabitants or located in a county
that
is | ||||||
| 18 | contiguous to a county having a population of over 3,000,000 | ||||||
| 19 | inhabitants;
but it shall apply to an entity that contracts | ||||||
| 20 | with a public utility, a
municipal utility, the Illinois | ||||||
| 21 | Department of Transportation, or a
municipality or a county | ||||||
| 22 | highway department.
The terms
"generation" and "recycling" as
| ||||||
| 23 | used in this subsection do not
apply to clean construction or | ||||||
| 24 | demolition debris
when (i) used as fill material below grade | ||||||
| 25 | outside of a setback zone
if covered by sufficient | ||||||
| 26 | uncontaminated soil to support vegetation within 30
days of the | ||||||
| |||||||
| |||||||
| 1 | completion of filling or if covered by a road or structure, | ||||||
| 2 | (ii)
solely broken concrete without
protruding metal bars is | ||||||
| 3 | used for erosion control, or (iii) milled
asphalt or crushed | ||||||
| 4 | concrete is used as aggregate in construction of the
shoulder | ||||||
| 5 | of a roadway. The terms "generation" and "recycling", as used | ||||||
| 6 | in this
subsection, do not apply to uncontaminated soil
that is | ||||||
| 7 | not commingled with any waste when (i) used as fill material | ||||||
| 8 | below
grade or contoured to grade, or (ii) used at the site of | ||||||
| 9 | generation.
| ||||||
| 10 | (Source: P.A. 97-220, eff. 7-28-11; 98-239, eff. 8-9-13; | ||||||
| 11 | 98-484, eff. 8-16-13; revised 9-19-13.)
| ||||||
| 12 | (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
| ||||||
| 13 | Sec. 22.2. Hazardous waste; fees; liability.
| ||||||
| 14 | (a) There are hereby created within the State Treasury 2
| ||||||
| 15 | special funds to be known respectively as the "Hazardous Waste | ||||||
| 16 | Fund" and
the "Hazardous Waste Research Fund", constituted from | ||||||
| 17 | the fees collected
pursuant to this Section.
In addition to the | ||||||
| 18 | fees collected under this Section, the Hazardous Waste
Fund | ||||||
| 19 | shall include other moneys made available from any source for | ||||||
| 20 | deposit into
the Fund.
| ||||||
| 21 | (b)(1) On and after January 1, 1989, the Agency shall | ||||||
| 22 | collect from the
owner or operator of each of the following | ||||||
| 23 | sites a fee in the amount of:
| ||||||
| 24 | (A) 9 cents per gallon or $18.18 per cubic yard, if | ||||||
| 25 | the
hazardous waste disposal site is located off the | ||||||
| |||||||
| |||||||
| 1 | site where such waste was
produced. The maximum amount | ||||||
| 2 | payable under this subdivision (A) with respect
to the | ||||||
| 3 | hazardous waste generated by a single generator and | ||||||
| 4 | deposited in
monofills is $30,000 per year. If, as a | ||||||
| 5 | result of the use of multiple monofills, waste
fees in | ||||||
| 6 | excess of the maximum are assessed with respect to a | ||||||
| 7 | single waste
generator, the generator may apply to the | ||||||
| 8 | Agency for a credit.
| ||||||
| 9 | (B) 9 cents or $18.18 per cubic yard, if the | ||||||
| 10 | hazardous waste
disposal site is located on the site | ||||||
| 11 | where such waste was produced,
provided however the | ||||||
| 12 | maximum amount of fees payable under this paragraph
(B) | ||||||
| 13 | is $30,000 per year for each such hazardous waste | ||||||
| 14 | disposal site.
| ||||||
| 15 | (C) If the hazardous waste disposal site is an | ||||||
| 16 | underground injection
well, $6,000 per year if not more | ||||||
| 17 | than 10,000,000 gallons per year are
injected, $15,000 | ||||||
| 18 | per year if more than 10,000,000 gallons but not more | ||||||
| 19 | than
50,000,000 gallons per year are injected, and | ||||||
| 20 | $27,000 per year if more than
50,000,000 gallons per | ||||||
| 21 | year are injected.
| ||||||
| 22 | (D) 3 cents per gallon or
$6.06 per cubic yard of | ||||||
| 23 | hazardous waste received
for treatment at a hazardous | ||||||
| 24 | waste treatment site, if the hazardous waste
treatment | ||||||
| 25 | site is located off the site where such waste was | ||||||
| 26 | produced and
if such hazardous waste treatment site is | ||||||
| |||||||
| |||||||
| 1 | owned, controlled and operated
by a person other than | ||||||
| 2 | the generator of such waste.
After treatment at such | ||||||
| 3 | hazardous waste treatment site, the waste shall
not be | ||||||
| 4 | subject to any other fee imposed by this subsection | ||||||
| 5 | (b). For purposes
of this subsection (b), the term | ||||||
| 6 | "treatment" is defined as in Section
3.505 but shall | ||||||
| 7 | not include recycling, reclamation or reuse.
| ||||||
| 8 | (2) The General Assembly shall annually appropriate to | ||||||
| 9 | the Fund such
amounts as it deems necessary to fulfill the | ||||||
| 10 | purposes of this Act.
| ||||||
| 11 | (3) The Agency shall have the authority to accept, | ||||||
| 12 | receive, and
administer on behalf of the State any moneys | ||||||
| 13 | made available to the State from
any source for the | ||||||
| 14 | purposes of the Hazardous Waste Fund set forth in | ||||||
| 15 | subsection
(d) of this Section.
| ||||||
| 16 | (4) Of the amount collected as fees provided for in | ||||||
| 17 | this Section, the
Agency shall manage the use of such funds | ||||||
| 18 | to assure that sufficient funds
are available for match | ||||||
| 19 | towards federal expenditures for response action at
sites | ||||||
| 20 | which are listed on the National Priorities List; provided, | ||||||
| 21 | however,
that this shall not apply to additional monies | ||||||
| 22 | appropriated to the Fund by
the General Assembly, nor shall | ||||||
| 23 | it apply in the event that the Director
finds that revenues | ||||||
| 24 | in the Hazardous Waste Fund must be used to address
| ||||||
| 25 | conditions which create or may create an immediate danger | ||||||
| 26 | to the
environment or public health or to the welfare of | ||||||
| |||||||
| |||||||
| 1 | the people of the State
of Illinois.
| ||||||
| 2 | (5) Notwithstanding the other provisions of this
| ||||||
| 3 | subsection (b), sludge from a publicly-owned sewage works | ||||||
| 4 | generated
in Illinois, coal mining wastes and refuse | ||||||
| 5 | generated in Illinois, bottom
boiler ash, flyash and flue | ||||||
| 6 | gas desulphurization sludge from public
utility electric | ||||||
| 7 | generating facilities located in Illinois, and bottom
| ||||||
| 8 | boiler ash and flyash from all incinerators which process | ||||||
| 9 | solely
municipal waste shall not be subject to the fee.
| ||||||
| 10 | (6) For the purposes of this subsection (b), "monofill" | ||||||
| 11 | means a
facility, or a unit at a facility, that accepts | ||||||
| 12 | only wastes bearing the
same USEPA hazardous waste | ||||||
| 13 | identification number, or compatible wastes as
determined | ||||||
| 14 | by the Agency.
| ||||||
| 15 | (c) The Agency shall establish procedures, not later than | ||||||
| 16 | January 1,
1984, relating to the collection of the fees | ||||||
| 17 | authorized by this Section.
Such procedures shall include, but | ||||||
| 18 | not be limited to: (1) necessary records
identifying the | ||||||
| 19 | quantities of hazardous waste received or disposed; (2) the
| ||||||
| 20 | form and submission of reports to accompany the payment of fees | ||||||
| 21 | to the
Agency; and (3) the time and manner of payment of fees | ||||||
| 22 | to the Agency,
which payments shall be not more often than | ||||||
| 23 | quarterly.
| ||||||
| 24 | (d) Beginning July 1, 1996, the Agency shall deposit all | ||||||
| 25 | such receipts in the State Treasury to the credit of the
| ||||||
| 26 | Hazardous Waste Fund, except as provided in subsection (e) of | ||||||
| |||||||
| |||||||
| 1 | this Section.
All monies in the Hazardous Waste Fund shall be | ||||||
| 2 | used by the Agency for the following purposes:
| ||||||
| 3 | (1) Taking whatever preventive or corrective
action is | ||||||
| 4 | necessary or appropriate, in circumstances certified by | ||||||
| 5 | the
Director, including but not limited to removal or | ||||||
| 6 | remedial
action whenever there is a release or substantial | ||||||
| 7 | threat of a release of
a hazardous substance or pesticide; | ||||||
| 8 | provided, the Agency shall
expend no more than $1,000,000 | ||||||
| 9 | on any single incident without appropriation
by the General | ||||||
| 10 | Assembly.
| ||||||
| 11 | (2) To meet any requirements which must be met by the | ||||||
| 12 | State in order
to obtain federal funds pursuant to the | ||||||
| 13 | Comprehensive Environmental Response,
Compensation and | ||||||
| 14 | Liability Act of 1980, (P.L. 96-510).
| ||||||
| 15 | (3) In an amount up to 30% of the amount collected as | ||||||
| 16 | fees provided
for in this Section, for use by the Agency to | ||||||
| 17 | conduct
groundwater protection activities, including | ||||||
| 18 | providing grants to appropriate
units of local government | ||||||
| 19 | which are addressing protection of underground waters
| ||||||
| 20 | pursuant to the provisions of this Act.
| ||||||
| 21 | (4) To fund the development and implementation of the | ||||||
| 22 | model pesticide
collection program under Section 19.1 of | ||||||
| 23 | the Illinois Pesticide Act.
| ||||||
| 24 | (5) To the extent the Agency has received and deposited | ||||||
| 25 | monies in the
Fund other than fees collected under | ||||||
| 26 | subsection (b) of this Section, to pay for
the cost of | ||||||
| |||||||
| |||||||
| 1 | Agency employees for
services provided in reviewing the | ||||||
| 2 | performance of response actions pursuant to
Title XVII of | ||||||
| 3 | this Act.
| ||||||
| 4 | (6) In an amount up to 15% of the fees collected | ||||||
| 5 | annually
under subsection (b) of this Section, for use by | ||||||
| 6 | the Agency
for administration of the provisions of this | ||||||
| 7 | Section.
| ||||||
| 8 | (e) The Agency shall deposit 10% of all receipts collected | ||||||
| 9 | under subsection
(b) of this Section, but not to exceed | ||||||
| 10 | $200,000 per year, in the State
Treasury to the credit of the | ||||||
| 11 | Hazardous Waste Research Fund established by this
Act. Pursuant | ||||||
| 12 | to appropriation, all monies in such Fund shall be used by the | ||||||
| 13 | University of Illinois
for the purposes set forth in
this | ||||||
| 14 | subsection.
| ||||||
| 15 | The University of Illinois may enter into contracts with | ||||||
| 16 | business,
industrial, university, governmental or other | ||||||
| 17 | qualified individuals or
organizations to assist in the | ||||||
| 18 | research and development intended to recycle,
reduce the volume | ||||||
| 19 | of, separate, detoxify or reduce the hazardous properties of
| ||||||
| 20 | hazardous wastes in Illinois. Monies in the Fund may also be | ||||||
| 21 | used by the University of Illinois
for technical studies, | ||||||
| 22 | monitoring activities,
and educational and research activities | ||||||
| 23 | which are related to the protection of
underground waters. | ||||||
| 24 | Monies in the Hazardous Waste Research Fund may be used to
| ||||||
| 25 | administer the Illinois Health and Hazardous Substances | ||||||
| 26 | Registry Act. Monies
in the Hazardous Waste Research Fund shall | ||||||
| |||||||
| |||||||
| 1 | not be used for any sanitary
landfill or the acquisition or | ||||||
| 2 | construction of any facility. This does not
preclude the | ||||||
| 3 | purchase of equipment for the purpose of public demonstration
| ||||||
| 4 | projects. The University of Illinois shall adopt guidelines for | ||||||
| 5 | cost
sharing, selecting, and administering projects under this | ||||||
| 6 | subsection.
| ||||||
| 7 | (f) Notwithstanding any other provision or rule of law, and | ||||||
| 8 | subject
only to the defenses set forth in subsection (j) of | ||||||
| 9 | this Section, the
following persons shall be liable for all | ||||||
| 10 | costs of removal or remedial
action incurred by the State of | ||||||
| 11 | Illinois or any unit of local
government as a result of a | ||||||
| 12 | release or substantial threat of a release of
a hazardous | ||||||
| 13 | substance or pesticide:
| ||||||
| 14 | (1) the owner and operator of a facility or vessel from | ||||||
| 15 | which there is
a release or substantial threat of release | ||||||
| 16 | of a hazardous substance or
pesticide;
| ||||||
| 17 | (2) any person who at the time of disposal, transport, | ||||||
| 18 | storage or
treatment of a hazardous substance or pesticide | ||||||
| 19 | owned or operated the
facility or vessel used for such | ||||||
| 20 | disposal, transport, treatment or storage
from which there | ||||||
| 21 | was a release or substantial threat of a release of any
| ||||||
| 22 | such hazardous substance or pesticide;
| ||||||
| 23 | (3) any person who by contract, agreement, or otherwise | ||||||
| 24 | has arranged with
another party or entity for transport, | ||||||
| 25 | storage, disposal or treatment of
hazardous substances or | ||||||
| 26 | pesticides owned, controlled or possessed by such
person at | ||||||
| |||||||
| |||||||
| 1 | a facility owned or operated by another party or entity | ||||||
| 2 | from
which facility there is a release or substantial | ||||||
| 3 | threat of a release of
such hazardous substances or | ||||||
| 4 | pesticides; and
| ||||||
| 5 | (4) any person who accepts or accepted any hazardous | ||||||
| 6 | substances or
pesticides for transport to disposal, | ||||||
| 7 | storage or treatment facilities or
sites from which there | ||||||
| 8 | is a release or a substantial threat of a release of
a | ||||||
| 9 | hazardous substance or pesticide.
| ||||||
| 10 | Any monies received by the State of Illinois pursuant to | ||||||
| 11 | this
subsection (f) shall be deposited in the State Treasury to | ||||||
| 12 | the credit
of the Hazardous Waste Fund.
| ||||||
| 13 | In accordance with the other provisions of this Section, | ||||||
| 14 | costs of
removal or remedial action incurred by a unit of local | ||||||
| 15 | government may be
recovered in an action before the Board | ||||||
| 16 | brought by the unit of local
government under subsection (i) of | ||||||
| 17 | this Section. Any monies so recovered
shall be paid to the unit | ||||||
| 18 | of local government.
| ||||||
| 19 | (g)(1) No indemnification, hold harmless, or similar | ||||||
| 20 | agreement or conveyance
shall be effective to transfer from | ||||||
| 21 | the owner or operator of any vessel
or facility or from any | ||||||
| 22 | person who may be liable for a release or
substantial | ||||||
| 23 | threat of a release under this Section, to any other person | ||||||
| 24 | the
liability imposed under this Section. Nothing in this | ||||||
| 25 | Section shall bar
any agreement to insure, hold harmless or | ||||||
| 26 | indemnify a party to such
agreements for any liability | ||||||
| |||||||
| |||||||
| 1 | under this Section.
| ||||||
| 2 | (2) Nothing in this Section, including the provisions | ||||||
| 3 | of paragraph (g)(1)
of this Section, shall bar a cause of | ||||||
| 4 | action that an owner or operator or
any other person | ||||||
| 5 | subject to liability under this Section, or a guarantor,
| ||||||
| 6 | has or would have, by reason of subrogation or otherwise | ||||||
| 7 | against any person.
| ||||||
| 8 | (h) For purposes of this Section:
| ||||||
| 9 | (1) The term "facility" means:
| ||||||
| 10 | (A) any building, structure, installation, | ||||||
| 11 | equipment, pipe or pipeline
including but not limited | ||||||
| 12 | to any pipe into a sewer or publicly owned
treatment | ||||||
| 13 | works, well, pit, pond, lagoon, impoundment, ditch, | ||||||
| 14 | landfill,
storage container, motor vehicle, rolling | ||||||
| 15 | stock, or aircraft; or
| ||||||
| 16 | (B) any site or area where a hazardous substance | ||||||
| 17 | has been deposited,
stored, disposed of, placed, or | ||||||
| 18 | otherwise come to be located.
| ||||||
| 19 | (2) The term "owner or operator" means:
| ||||||
| 20 | (A) any person owning or operating a vessel or | ||||||
| 21 | facility;
| ||||||
| 22 | (B) in the case of an abandoned facility, any | ||||||
| 23 | person owning or operating
the abandoned facility or | ||||||
| 24 | any person who owned, operated, or otherwise
| ||||||
| 25 | controlled activities at the abandoned facility | ||||||
| 26 | immediately prior to such
abandonment;
| ||||||
| |||||||
| |||||||
| 1 | (C) in the case of a land trust as defined in | ||||||
| 2 | Section 2 of the Land
Trustee as Creditor Act, the | ||||||
| 3 | person owning the beneficial interest in the land
| ||||||
| 4 | trust;
| ||||||
| 5 | (D) in the case of a fiduciary (other than a land | ||||||
| 6 | trustee), the estate,
trust estate, or other interest | ||||||
| 7 | in property held in a fiduciary capacity,
and not the | ||||||
| 8 | fiduciary. For the purposes of this Section, | ||||||
| 9 | "fiduciary" means
a trustee, executor, administrator, | ||||||
| 10 | guardian, receiver, conservator or other
person | ||||||
| 11 | holding a facility or vessel in a fiduciary capacity;
| ||||||
| 12 | (E) in the case of a "financial institution", | ||||||
| 13 | meaning the Illinois
Housing Development Authority and | ||||||
| 14 | that term as defined in Section 2 of the
Illinois | ||||||
| 15 | Banking Act, that has acquired ownership, operation, | ||||||
| 16 | management,
or control of a vessel or facility through | ||||||
| 17 | foreclosure or under the terms
of a security interest | ||||||
| 18 | held by the financial institution or under the terms
of | ||||||
| 19 | an extension of credit made by the financial | ||||||
| 20 | institution, the financial
institution only if the | ||||||
| 21 | financial institution takes possession of the
vessel | ||||||
| 22 | or facility and the financial institution exercises | ||||||
| 23 | actual, direct,
and continual or recurrent managerial | ||||||
| 24 | control in the operation of the
vessel or facility that | ||||||
| 25 | causes a release or substantial threat of a release
of | ||||||
| 26 | a hazardous substance or pesticide resulting in | ||||||
| |||||||
| |||||||
| 1 | removal or remedial
action;
| ||||||
| 2 | (F) In the case of an owner of residential | ||||||
| 3 | property, the owner if the
owner is a person other than | ||||||
| 4 | an individual, or if the owner is an individual
who | ||||||
| 5 | owns more than 10 dwelling units in Illinois, or if the | ||||||
| 6 | owner, or an agent,
representative, contractor, or | ||||||
| 7 | employee of the owner, has caused, contributed
to, or | ||||||
| 8 | allowed the release or threatened release of a | ||||||
| 9 | hazardous substance or
pesticide. The term | ||||||
| 10 | "residential property" means single family residences | ||||||
| 11 | of
one to 4 dwelling units, including accessory land, | ||||||
| 12 | buildings, or improvements
incidental to those | ||||||
| 13 | dwellings that are exclusively used for the | ||||||
| 14 | residential
use. For purposes of this subparagraph | ||||||
| 15 | (F), the term "individual" means a
natural person, and | ||||||
| 16 | shall not include corporations, partnerships, trusts, | ||||||
| 17 | or
other non-natural persons.
| ||||||
| 18 | (G) In the case of any facility, title or control | ||||||
| 19 | of which was
conveyed due to bankruptcy, foreclosure, | ||||||
| 20 | tax delinquency, abandonment, or
similar means
to a | ||||||
| 21 | unit of State or local government, any person who | ||||||
| 22 | owned, operated, or
otherwise controlled activities at | ||||||
| 23 | the facility immediately beforehand.
| ||||||
| 24 | (H) The term "owner or operator" does not include a | ||||||
| 25 | unit of State or
local government which acquired | ||||||
| 26 | ownership or control through bankruptcy, tax
| ||||||
| |||||||
| |||||||
| 1 | delinquency, abandonment, or other circumstances in | ||||||
| 2 | which the government
acquires title by virtue of its | ||||||
| 3 | function as sovereign. The exclusion provided
under | ||||||
| 4 | this paragraph shall not apply to any State or local | ||||||
| 5 | government which has
caused or contributed to the | ||||||
| 6 | release or threatened release of a hazardous
substance | ||||||
| 7 | from the facility, and such a State or local government | ||||||
| 8 | shall be
subject to the provisions of this Act in the | ||||||
| 9 | same manner and to the same
extent, both procedurally | ||||||
| 10 | and substantively, as any nongovernmental entity,
| ||||||
| 11 | including liability under Section 22.2(f).
| ||||||
| 12 | (i) The costs and damages provided for in this Section may | ||||||
| 13 | be imposed by
the Board in an action brought before the Board | ||||||
| 14 | in accordance with Title
VIII of this Act, except that Section | ||||||
| 15 | 33(c) of this Act shall not apply to
any such action.
| ||||||
| 16 | (j)(1) There shall be no liability under this Section for a | ||||||
| 17 | person
otherwise liable who can establish by a preponderance of | ||||||
| 18 | the evidence that
the release or substantial threat of release | ||||||
| 19 | of a hazardous substance and
the damages resulting therefrom | ||||||
| 20 | were caused solely by:
| ||||||
| 21 | (A) an act of God;
| ||||||
| 22 | (B) an act of war;
| ||||||
| 23 | (C) an act or omission of a third party other than an | ||||||
| 24 | employee or agent
of the defendant, or other than one whose | ||||||
| 25 | act or omission occurs in
connection with a contractual | ||||||
| 26 | relationship, existing directly or
indirectly, with the | ||||||
| |||||||
| |||||||
| 1 | defendant (except where the sole contractual
arrangement | ||||||
| 2 | arises from a published tariff and acceptance for carriage | ||||||
| 3 | by a
common carrier by rail), if the defendant establishes | ||||||
| 4 | by a preponderance of
the evidence that (i) he exercised | ||||||
| 5 | due care with respect to the hazardous
substance concerned, | ||||||
| 6 | taking into consideration the characteristics of such
| ||||||
| 7 | hazardous substance, in light of all relevant facts and | ||||||
| 8 | circumstances, and
(ii) he took precautions against | ||||||
| 9 | foreseeable acts or omissions of any such
third party and | ||||||
| 10 | the consequences that could foreseeably result from such
| ||||||
| 11 | acts or omissions; or
| ||||||
| 12 | (D) any combination of the foregoing paragraphs.
| ||||||
| 13 | (2) There shall be no liability under this Section for any | ||||||
| 14 | release
permitted by State or federal law.
| ||||||
| 15 | (3) There shall be no liability under this Section for | ||||||
| 16 | damages as a result
of actions taken or omitted in the course | ||||||
| 17 | of rendering care, assistance,
or advice in accordance with | ||||||
| 18 | this Section or the National Contingency Plan
pursuant to the | ||||||
| 19 | Comprehensive Environmental Response, Compensation and
| ||||||
| 20 | Liability Act of 1980 (P.L. 96-510) or at the direction of an
| ||||||
| 21 | on-scene coordinator appointed under such plan, with respect to | ||||||
| 22 | an incident
creating a danger to public health or welfare or | ||||||
| 23 | the environment as a result
of any release of a hazardous | ||||||
| 24 | substance or a substantial threat thereof. This
subsection | ||||||
| 25 | shall not preclude liability for damages as the result of gross
| ||||||
| 26 | negligence or intentional misconduct on the part of such | ||||||
| |||||||
| |||||||
| 1 | person. For the
purposes of the preceding sentence, reckless, | ||||||
| 2 | willful, or wanton misconduct
shall constitute gross | ||||||
| 3 | negligence.
| ||||||
| 4 | (4) There shall be no liability under this Section for any | ||||||
| 5 | person
(including, but not limited to, an owner of residential | ||||||
| 6 | property who applies a
pesticide to the residential property or | ||||||
| 7 | who has another person apply a
pesticide to the residential | ||||||
| 8 | property) for response costs or damages as the
result of the | ||||||
| 9 | storage, handling and use, or recommendation for storage,
| ||||||
| 10 | handling and use, of a pesticide consistent with:
| ||||||
| 11 | (A) its directions for storage, handling and use as | ||||||
| 12 | stated in its
label or labeling;
| ||||||
| 13 | (B) its warnings and cautions as stated in its label or | ||||||
| 14 | labeling; and
| ||||||
| 15 | (C) the uses for which it is registered under the | ||||||
| 16 | Federal Insecticide,
Fungicide and Rodenticide Act and the | ||||||
| 17 | Illinois Pesticide Act.
| ||||||
| 18 | (4.5) There shall be no liability under subdivision (f)(1) | ||||||
| 19 | of this Section
for response costs or damages as the result of | ||||||
| 20 | a release
of a pesticide from an agrichemical facility site if
| ||||||
| 21 | the Agency has received notice from the Department of | ||||||
| 22 | Agriculture pursuant to
Section 19.3 of the Illinois Pesticide | ||||||
| 23 | Act, the owner or operator of the
agrichemical facility is | ||||||
| 24 | proceeding with a corrective action plan under the
Agrichemical | ||||||
| 25 | Facility Response Action Program implemented under that | ||||||
| 26 | Section,
and the Agency
has provided a written endorsement of a | ||||||
| |||||||
| |||||||
| 1 | corrective action plan.
| ||||||
| 2 | (4.6) There shall be no liability under subdivision (f)(1) | ||||||
| 3 | of this
Section for response costs or damages as the result of | ||||||
| 4 | a substantial threat of
a release of a pesticide from an | ||||||
| 5 | agrichemical facility site if
the Agency has received notice | ||||||
| 6 | from the Department of Agriculture pursuant to
Section 19.3 of | ||||||
| 7 | the Illinois Pesticide Act and the owner or operator of the
| ||||||
| 8 | agrichemical facility is proceeding with a corrective action | ||||||
| 9 | plan under the
Agrichemical Facility Response Action Program | ||||||
| 10 | implemented under that
Section.
| ||||||
| 11 | (5) Nothing in this subsection (j) shall affect or modify | ||||||
| 12 | in any way the
obligations or liability of any person under any | ||||||
| 13 | other provision of this
Act or State or federal law, including | ||||||
| 14 | common law, for damages, injury,
or loss resulting from a | ||||||
| 15 | release or substantial threat of a release of any
hazardous | ||||||
| 16 | substance or for removal or remedial action or the costs of | ||||||
| 17 | removal
or remedial action of such hazardous substance.
| ||||||
| 18 | (6)(A) The term "contractual relationship", for the | ||||||
| 19 | purpose of this
subsection includes, but is not limited to, | ||||||
| 20 | land contracts, deeds or other
instruments transferring title | ||||||
| 21 | or possession, unless the real property on
which the facility | ||||||
| 22 | concerned is located was acquired by the defendant after
the | ||||||
| 23 | disposal or placement of the hazardous substance on, in, or at | ||||||
| 24 | the
facility, and one or more of the circumstances described in | ||||||
| 25 | clause (i),
(ii), or (iii) of this paragraph is also | ||||||
| 26 | established by the defendant by a
preponderance of the | ||||||
| |||||||
| |||||||
| 1 | evidence:
| ||||||
| 2 | (i) At the time the defendant acquired the facility the | ||||||
| 3 | defendant did
not know and had no reason to know that any | ||||||
| 4 | hazardous substance which is
the subject of the release or | ||||||
| 5 | threatened release was disposed of on, in or
at the | ||||||
| 6 | facility.
| ||||||
| 7 | (ii) The defendant is a government entity which | ||||||
| 8 | acquired the facility by
escheat, or through any other | ||||||
| 9 | involuntary transfer or acquisition, or
through the | ||||||
| 10 | exercise of eminent domain authority by purchase or | ||||||
| 11 | condemnation.
| ||||||
| 12 | (iii) The defendant acquired the facility by | ||||||
| 13 | inheritance or bequest.
| ||||||
| 14 | In addition to establishing the foregoing, the defendant | ||||||
| 15 | must establish
that he has satisfied the requirements of | ||||||
| 16 | subparagraph (C) of paragraph (l)
of this subsection (j).
| ||||||
| 17 | (B) To establish the defendant had no reason to know, as | ||||||
| 18 | provided in
clause (i) of subparagraph (A) of this paragraph, | ||||||
| 19 | the defendant must have
undertaken, at the time of acquisition, | ||||||
| 20 | all appropriate inquiry into the
previous ownership and uses of | ||||||
| 21 | the property consistent with good commercial
or customary | ||||||
| 22 | practice in an effort to minimize liability. For purposes of
| ||||||
| 23 | the preceding sentence, the court shall take into account any | ||||||
| 24 | specialized
knowledge or experience on the part of the | ||||||
| 25 | defendant, the relationship of
the purchase price to the value | ||||||
| 26 | of the property if uncontaminated, commonly
known or reasonably | ||||||
| |||||||
| |||||||
| 1 | ascertainable information about the property, the
obviousness | ||||||
| 2 | of the presence or likely presence of contamination at the
| ||||||
| 3 | property, and the ability to detect such contamination by | ||||||
| 4 | appropriate
inspection.
| ||||||
| 5 | (C) Nothing in this paragraph (6) or in subparagraph (C) of | ||||||
| 6 | paragraph
(1) of this subsection shall diminish the liability | ||||||
| 7 | of any previous owner
or operator of such facility who would | ||||||
| 8 | otherwise be liable under this Act.
Notwithstanding this | ||||||
| 9 | paragraph (6), if the defendant obtained actual
knowledge of | ||||||
| 10 | the release or threatened release of a hazardous substance at
| ||||||
| 11 | such facility when the defendant owned the real property and | ||||||
| 12 | then
subsequently transferred ownership of the property to | ||||||
| 13 | another person
without disclosing such knowledge, such | ||||||
| 14 | defendant shall be treated as
liable under subsection (f) of | ||||||
| 15 | this Section and no defense under
subparagraph (C) of paragraph | ||||||
| 16 | (1) of this subsection shall be available
to such defendant.
| ||||||
| 17 | (D) Nothing in this paragraph (6) shall affect the | ||||||
| 18 | liability under this
Act of a defendant who, by any act or | ||||||
| 19 | omission, caused or contributed to
the release or threatened | ||||||
| 20 | release of a hazardous substance which is the
subject of the | ||||||
| 21 | action relating to the facility.
| ||||||
| 22 | (E)(i) Except as provided in clause (ii) of this | ||||||
| 23 | subparagraph (E), a
defendant who has acquired real property | ||||||
| 24 | shall have established a rebuttable
presumption against all | ||||||
| 25 | State claims and a conclusive presumption against all
private | ||||||
| 26 | party claims that the defendant has made all appropriate | ||||||
| |||||||
| |||||||
| 1 | inquiry within
the meaning of subdivision (6)(B) of this | ||||||
| 2 | subsection (j) if the defendant
proves that immediately prior | ||||||
| 3 | to or at the time of the acquisition:
| ||||||
| 4 | (I) the defendant obtained a Phase I Environmental | ||||||
| 5 | Audit of the real
property that meets or exceeds the | ||||||
| 6 | requirements of this subparagraph (E), and
the Phase I | ||||||
| 7 | Environmental Audit did not disclose the presence or likely
| ||||||
| 8 | presence of a release or a substantial threat of a release | ||||||
| 9 | of a hazardous
substance or pesticide at, on, to, or from | ||||||
| 10 | the real property; or
| ||||||
| 11 | (II) the defendant obtained a Phase II Environmental | ||||||
| 12 | Audit of the real
property that meets or exceeds the | ||||||
| 13 | requirements of this subparagraph (E), and
the Phase II | ||||||
| 14 | Environmental Audit did not disclose the presence or likely
| ||||||
| 15 | presence of a release or a substantial threat of a release | ||||||
| 16 | of a hazardous
substance or pesticide at, on, to, or from | ||||||
| 17 | the real property.
| ||||||
| 18 | (ii) No presumption shall be created under clause (i) of | ||||||
| 19 | this subparagraph
(E), and a defendant shall be precluded from | ||||||
| 20 | demonstrating that the defendant
has made all appropriate | ||||||
| 21 | inquiry within the meaning of subdivision (6)(B) of
this | ||||||
| 22 | subsection (j), if:
| ||||||
| 23 | (I) the defendant fails to obtain all Environmental | ||||||
| 24 | Audits required under
this subparagraph (E) or any such | ||||||
| 25 | Environmental Audit fails to meet or exceed
the | ||||||
| 26 | requirements of this subparagraph (E);
| ||||||
| |||||||
| |||||||
| 1 | (II) a Phase I Environmental Audit discloses the | ||||||
| 2 | presence or likely
presence of a release or a substantial | ||||||
| 3 | threat of a release of a hazardous
substance or pesticide | ||||||
| 4 | at, on, to, or from real property, and the defendant
fails | ||||||
| 5 | to obtain a Phase II Environmental Audit;
| ||||||
| 6 | (III) a Phase II Environmental Audit discloses the | ||||||
| 7 | presence or likely
presence of a release or a substantial | ||||||
| 8 | threat of a release of a hazardous
substance or pesticide | ||||||
| 9 | at, on, to, or from the real property;
| ||||||
| 10 | (IV) the defendant fails to maintain a written | ||||||
| 11 | compilation and explanatory
summary report of the | ||||||
| 12 | information reviewed in the course of each Environmental
| ||||||
| 13 | Audit under this subparagraph (E); or
| ||||||
| 14 | (V) there is any evidence of fraud, material | ||||||
| 15 | concealment, or material
misrepresentation by the | ||||||
| 16 | defendant of environmental conditions or of related
| ||||||
| 17 | information discovered during the course of an | ||||||
| 18 | Environmental Audit.
| ||||||
| 19 | (iii) For purposes of this subparagraph (E), the term | ||||||
| 20 | "environmental
professional" means an individual (other than a | ||||||
| 21 | practicing attorney) who,
through academic training, | ||||||
| 22 | occupational experience, and reputation (such as
engineers, | ||||||
| 23 | industrial hygienists, or geologists) can objectively conduct | ||||||
| 24 | one or
more aspects of an Environmental Audit and who either:
| ||||||
| 25 | (I) maintains at the time of the Environmental Audit | ||||||
| 26 | and for at least one
year thereafter at least $500,000 of | ||||||
| |||||||
| |||||||
| 1 | environmental consultants' professional
liability | ||||||
| 2 | insurance coverage issued by an insurance company licensed | ||||||
| 3 | to do
business in Illinois; or
| ||||||
| 4 | (II) is an Illinois licensed professional engineer or a | ||||||
| 5 | Certified Industrial Hygienist certified by the American | ||||||
| 6 | Board of Industrial Hygiene.
| ||||||
| 7 | An environmental professional may employ persons who are | ||||||
| 8 | not environmental
professionals to assist in the preparation of | ||||||
| 9 | an Environmental Audit if such
persons are under the direct | ||||||
| 10 | supervision and control of the environmental
professional.
| ||||||
| 11 | (iv) For purposes of this subparagraph (E), the term "real | ||||||
| 12 | property"
means any interest in any parcel of land, and | ||||||
| 13 | includes, but is not limited to,
buildings, fixtures, and
| ||||||
| 14 | improvements.
| ||||||
| 15 | (v) For purposes of this subparagraph (E), the term "Phase | ||||||
| 16 | I Environmental
Audit" means an investigation of real property, | ||||||
| 17 | conducted by environmental
professionals, to discover the | ||||||
| 18 | presence or likely presence of a release or a
substantial | ||||||
| 19 | threat of a release of a hazardous substance or pesticide at, | ||||||
| 20 | on,
to, or from real property, and whether a release or a | ||||||
| 21 | substantial threat of
a release of a hazardous substance or | ||||||
| 22 | pesticide has occurred or may occur at,
on, to, or from the | ||||||
| 23 | real property. Until such time as the United
States | ||||||
| 24 | Environmental Protection Agency establishes
standards for | ||||||
| 25 | making appropriate inquiry into the previous
ownership and uses | ||||||
| 26 | of the facility pursuant to 42 U.S.C.
Sec. 9601(35)(B)(ii), the | ||||||
| |||||||
| |||||||
| 1 | investigation shall comply with the
procedures of the American | ||||||
| 2 | Society for Testing and
Materials, including the document known | ||||||
| 3 | as Standard
E1527-97, entitled "Standard Procedures for | ||||||
| 4 | Environmental
Site Assessment: Phase 1 Environmental Site | ||||||
| 5 | Assessment
Process". Upon their adoption, the standards | ||||||
| 6 | promulgated
by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii) | ||||||
| 7 | shall
govern the performance of Phase I Environmental Audits. | ||||||
| 8 | In
addition to the above requirements, the Phase I
| ||||||
| 9 | Environmental Audit shall include a review of recorded land
| ||||||
| 10 | title records for the purpose of determining whether the real
| ||||||
| 11 | property is subject to an environmental land use restriction
| ||||||
| 12 | such as a No Further Remediation Letter, Environmental
Land Use | ||||||
| 13 | Control, or Highway Authority Agreement.
| ||||||
| 14 | (vi) For purposes of subparagraph (E), the term "Phase II | ||||||
| 15 | Environmental
Audit" means an investigation of real property, | ||||||
| 16 | conducted by environmental
professionals, subsequent to a | ||||||
| 17 | Phase I Environmental Audit. If the Phase I
Environmental Audit | ||||||
| 18 | discloses the presence or likely presence of a hazardous
| ||||||
| 19 | substance or a pesticide or a release or a substantial threat | ||||||
| 20 | of a release of
a hazardous substance or pesticide:
| ||||||
| 21 | (I) In or to soil, the defendant, as part of the Phase | ||||||
| 22 | II Environmental
Audit, shall perform a series of soil | ||||||
| 23 | borings sufficient to determine whether
there is a presence | ||||||
| 24 | or likely presence of a hazardous substance or pesticide
| ||||||
| 25 | and whether there is or has been a release or a substantial | ||||||
| 26 | threat of a release
of a hazardous substance or pesticide | ||||||
| |||||||
| |||||||
| 1 | at, on, to, or from the real property.
| ||||||
| 2 | (II) In or to groundwater, the defendant, as part of | ||||||
| 3 | the Phase II
Environmental Audit, shall: review | ||||||
| 4 | information regarding local geology, water
well locations, | ||||||
| 5 | and locations of waters of the State as may be obtained | ||||||
| 6 | from
State, federal, and local government records, | ||||||
| 7 | including but not limited to the
United States Geological | ||||||
| 8 | Survey, the State Geological Survey of the University of | ||||||
| 9 | Illinois, and the State Water
Survey of the University of | ||||||
| 10 | Illinois; and
perform groundwater monitoring sufficient to | ||||||
| 11 | determine whether there is a
presence or likely presence of | ||||||
| 12 | a hazardous substance or pesticide, and whether
there is or | ||||||
| 13 | has been a release or a substantial threat of a release of | ||||||
| 14 | a
hazardous substance or pesticide at, on, to, or from the | ||||||
| 15 | real property.
| ||||||
| 16 | (III) On or to media other than soil or groundwater, | ||||||
| 17 | the defendant, as
part of the Phase II Environmental Audit, | ||||||
| 18 | shall perform an investigation
sufficient to determine | ||||||
| 19 | whether there is a presence or likely presence of a
| ||||||
| 20 | hazardous substance or pesticide, and whether there is or | ||||||
| 21 | has been a release or
a substantial threat of a release of | ||||||
| 22 | a hazardous substance or pesticide at, on,
to, or from the | ||||||
| 23 | real property.
| ||||||
| 24 | (vii) The findings of each Environmental Audit prepared | ||||||
| 25 | under this
subparagraph (E) shall be set forth in a written | ||||||
| 26 | audit report. Each audit
report shall contain an affirmation by | ||||||
| |||||||
| |||||||
| 1 | the defendant and by each environmental
professional who | ||||||
| 2 | prepared the Environmental Audit that the facts stated in the
| ||||||
| 3 | report are true and are made under a penalty of perjury as | ||||||
| 4 | defined in Section
32-2 of the Criminal Code of 2012. It is | ||||||
| 5 | perjury for any person to sign an
audit report that contains a | ||||||
| 6 | false material statement that the person does not
believe to be | ||||||
| 7 | true.
| ||||||
| 8 | (viii) The Agency is not required to review, approve, or | ||||||
| 9 | certify the results
of any Environmental Audit. The performance | ||||||
| 10 | of an Environmental Audit shall in
no way entitle a defendant | ||||||
| 11 | to a presumption of Agency approval or certification
of the | ||||||
| 12 | results of the Environmental Audit.
| ||||||
| 13 | The presence or absence of a disclosure document prepared | ||||||
| 14 | under the
Responsible Property Transfer Act of 1988 shall not | ||||||
| 15 | be a defense under this
Act and shall not satisfy the | ||||||
| 16 | requirements of subdivision (6)(A) of this
subsection (j).
| ||||||
| 17 | (7) No person shall be liable under this Section for | ||||||
| 18 | response costs
or damages as the result of a pesticide release | ||||||
| 19 | if the Agency has found
that a pesticide release occurred based | ||||||
| 20 | on a Health Advisory issued by the
U.S. Environmental | ||||||
| 21 | Protection Agency or an action level developed by the
Agency, | ||||||
| 22 | unless the Agency notified the manufacturer of the pesticide | ||||||
| 23 | and
provided an opportunity of not less than 30 days for the | ||||||
| 24 | manufacturer to
comment on the technical and scientific | ||||||
| 25 | justification supporting the Health
Advisory or action level.
| ||||||
| 26 | (8) No person shall be liable under this Section for | ||||||
| |||||||
| |||||||
| 1 | response costs or
damages as the result of a pesticide release | ||||||
| 2 | that occurs in the course of a
farm pesticide collection | ||||||
| 3 | program operated under Section 19.1 of the
Illinois Pesticide | ||||||
| 4 | Act, unless the release results from gross negligence or
| ||||||
| 5 | intentional misconduct.
| ||||||
| 6 | (k) If any person who is liable for a release or | ||||||
| 7 | substantial threat of
release of a hazardous substance or | ||||||
| 8 | pesticide fails without sufficient
cause to provide removal or | ||||||
| 9 | remedial action upon or in accordance with a
notice and request | ||||||
| 10 | by the Agency or upon or in accordance with any order of
the | ||||||
| 11 | Board or any court, such person may be liable to the State for | ||||||
| 12 | punitive
damages in an amount at least equal to, and not more | ||||||
| 13 | than 3 times, the
amount of any costs incurred by the State of | ||||||
| 14 | Illinois as a result of such
failure to take such removal or | ||||||
| 15 | remedial action. The punitive damages
imposed by the Board | ||||||
| 16 | shall be in addition to any costs recovered from such
person | ||||||
| 17 | pursuant to this Section and in addition to any other penalty | ||||||
| 18 | or
relief provided by this Act or any other law.
| ||||||
| 19 | Any monies received by the State pursuant to this | ||||||
| 20 | subsection (k) shall
be deposited in the Hazardous Waste Fund.
| ||||||
| 21 | (l) Beginning January 1, 1988, and prior to January 1, | ||||||
| 22 | 2013, the Agency shall annually collect a $250
fee for each | ||||||
| 23 | Special Waste Hauling Permit Application and, in addition,
| ||||||
| 24 | shall collect a fee of $20 for each waste hauling vehicle | ||||||
| 25 | identified in the
annual permit application and for each | ||||||
| 26 | vehicle which is added to the permit
during the annual period. | ||||||
| |||||||
| |||||||
| 1 | Beginning January 1, 2013, the Agency shall issue 3-year | ||||||
| 2 | Special Waste Hauling Permits instead of annual Special Waste | ||||||
| 3 | Hauling Permits and shall collect a $750 fee for each Special | ||||||
| 4 | Waste Hauling Permit Application. In addition, beginning | ||||||
| 5 | January 1, 2013, the Agency shall collect a fee of $60 for each | ||||||
| 6 | waste hauling vehicle identified in the permit application and | ||||||
| 7 | for each vehicle that is added to the permit during the 3-year | ||||||
| 8 | period. The Agency shall deposit 85% of such fees
collected | ||||||
| 9 | under this subsection in the State Treasury to the credit of
| ||||||
| 10 | the Hazardous Waste Research Fund; and shall deposit the | ||||||
| 11 | remaining 15% of
such fees collected in the State Treasury to | ||||||
| 12 | the credit of the
Environmental Protection Permit and | ||||||
| 13 | Inspection Fund. The majority of such
receipts which are | ||||||
| 14 | deposited in the Hazardous Waste Research Fund pursuant
to this | ||||||
| 15 | subsection shall be used by the University of Illinois for
| ||||||
| 16 | activities which relate to the protection of underground | ||||||
| 17 | waters.
| ||||||
| 18 | (l-5) (Blank).
| ||||||
| 19 | (m) (Blank).
| ||||||
| 20 | (n) (Blank).
| ||||||
| 21 | (Source: P.A. 97-220, eff. 7-28-11; 97-1081, eff. 8-24-12; | ||||||
| 22 | 97-1150, eff. 1-25-13; 98-78, eff. 7-15-13; revised 9-19-13.)
| ||||||
| 23 | (415 ILCS 5/58.16)
| ||||||
| 24 | Sec. 58.16. Construction of school; requirements. This | ||||||
| 25 | Section applies
only to counties with a population of more than | ||||||
| |||||||
| |||||||
| 1 | 3,000,000. In this Section,
"school" means any public school | ||||||
| 2 | located in whole or in part in a county with
a population of | ||||||
| 3 | more than 3,000,000. No person shall commence construction on
| ||||||
| 4 | real property of a building intended for use as a school | ||||||
| 5 | unless:
| ||||||
| 6 | (1) a Phase I 1 Environmental Audit, conducted in | ||||||
| 7 | accordance with Section
22.2 of this Act, is obtained;
| ||||||
| 8 | (2) if the Phase I 1 Environmental Audit discloses the | ||||||
| 9 | presence or likely
presence of a release or a substantial | ||||||
| 10 | threat of a release of a regulated
substance at, on, to, or | ||||||
| 11 | from the real property, a Phase II Environmental
Audit, | ||||||
| 12 | conducted in accordance with Section 22.2 of this Act, is | ||||||
| 13 | obtained; and
| ||||||
| 14 | (3) if the Phase II Environmental Audit discloses the | ||||||
| 15 | presence or
likely presence of a release or a substantial | ||||||
| 16 | threat of a release of a
regulated substance at, on, to, or | ||||||
| 17 | from the real property: , and (i) the real
property is | ||||||
| 18 | enrolled in the Site Remediation Program, and (ii) the | ||||||
| 19 | remedial
action plan is approved by the Agency, if a | ||||||
| 20 | remedial action plan is required
by Board regulations.
| ||||||
| 21 | No person shall cause or allow any person to occupy a | ||||||
| 22 | building intended
to be used as a school for which a remedial | ||||||
| 23 | action plan is required by Board
regulations unless all work | ||||||
| 24 | pursuant to the remedial action plan is completed.
| ||||||
| 25 | (Source: P.A. 91-442, eff. 1-1-00; 92-16, eff. 6-28-01; 92-151, | ||||||
| 26 | eff.
7-24-01; revised 11-14-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 595. The Illinois Pesticide Act is amended by | ||||||
| 2 | changing Section 4 as follows:
| ||||||
| 3 | (415 ILCS 60/4) (from Ch. 5, par. 804)
| ||||||
| 4 | Sec. 4. Definitions. As used in this Act:
| ||||||
| 5 | 1. "Director" means Director of the Illinois Department of
| ||||||
| 6 | Agriculture or his authorized representative.
| ||||||
| 7 | 2. "Active Ingredient" means any ingredient which will | ||||||
| 8 | prevent,
destroy, repel, control or mitigate a pest or which | ||||||
| 9 | will act as a plant
regulator, defoliant or desiccant.
| ||||||
| 10 | 3. "Adulterated" shall apply to any pesticide if the | ||||||
| 11 | strength or
purity is not within the standard of quality | ||||||
| 12 | expressed on the labeling
under which it is sold, distributed | ||||||
| 13 | or used, including any substance
which has been substituted | ||||||
| 14 | wholly or in part for the pesticide as
specified on the | ||||||
| 15 | labeling under which it is sold, distributed or used,
or if any | ||||||
| 16 | valuable constituent of the pesticide has been wholly or in
| ||||||
| 17 | part abstracted.
| ||||||
| 18 | 4. "Agricultural Commodity" means produce of the land | ||||||
| 19 | including but
not limited to plants and plant parts, livestock | ||||||
| 20 | and poultry and
livestock or poultry products, seeds, sod, | ||||||
| 21 | shrubs and other products of
agricultural origin including the | ||||||
| 22 | premises necessary to and used
directly in agricultural | ||||||
| 23 | production.
Agricultural commodity also includes aquatic | ||||||
| 24 | products as defined in the
Aquaculture Development Act.
| ||||||
| |||||||
| |||||||
| 1 | 5. "Animal" means all vertebrate and invertebrate species | ||||||
| 2 | including,
but not limited to, man and other mammals, bird, | ||||||
| 3 | fish, and shellfish.
| ||||||
| 4 | 6. "Beneficial Insects" means those insects which during | ||||||
| 5 | their life
cycle are effective pollinators of plants, predators | ||||||
| 6 | of pests or are
otherwise beneficial.
| ||||||
| 7 | 7. "Certified applicator".
| ||||||
| 8 | A. "Certified applicator" means any individual who is | ||||||
| 9 | certified
under this Act to purchase, use, or supervise the | ||||||
| 10 | use of pesticides
which are classified for restricted use.
| ||||||
| 11 | B. "Private applicator" means a certified applicator | ||||||
| 12 | who purchases,
uses, or supervises the use of any pesticide | ||||||
| 13 | classified for restricted
use, for the purpose of producing | ||||||
| 14 | any agricultural commodity on property
owned, rented, or | ||||||
| 15 | otherwise controlled by him or his employer, or
applied to | ||||||
| 16 | other property if done without compensation other than
| ||||||
| 17 | trading of personal services between no more than 2 | ||||||
| 18 | producers of
agricultural commodities.
| ||||||
| 19 | C. "Licensed Commercial Applicator" means a certified | ||||||
| 20 | applicator,
whether or not he is a private applicator with | ||||||
| 21 | respect to some uses, who
owns or manages a business that | ||||||
| 22 | is engaged in applying pesticides,
whether classified for | ||||||
| 23 | general or restricted use, for hire. The term
also applies | ||||||
| 24 | to a certified applicator who uses or supervises the use of
| ||||||
| 25 | pesticides, whether classified for general or restricted | ||||||
| 26 | use, for any
purpose or on property of others excluding | ||||||
| |||||||
| |||||||
| 1 | those specified by
subparagraphs 7 (B), (D), (E) of Section | ||||||
| 2 | 4 of this Act.
| ||||||
| 3 | D. "Commercial Not For Hire Applicator" means a | ||||||
| 4 | certified applicator
who uses or supervises the use of | ||||||
| 5 | pesticides classified for general or
restricted use for any | ||||||
| 6 | purpose on property of an employer when such
activity is a | ||||||
| 7 | requirement of the terms of employment and such
application | ||||||
| 8 | of pesticides under this certification is limited to
| ||||||
| 9 | property under the control of the employer only and | ||||||
| 10 | includes, but is not
limited to, the use or supervision of
| ||||||
| 11 | the use of pesticides in a greenhouse setting.
| ||||||
| 12 | E. "Licensed Public Applicator" means a certified | ||||||
| 13 | applicator who uses
or supervises the use of pesticides | ||||||
| 14 | classified for general or restricted
use as an employee of | ||||||
| 15 | a state agency, municipality, or other duly
constituted | ||||||
| 16 | governmental agency or unit.
| ||||||
| 17 | 8. "Defoliant" means any substance or combination of | ||||||
| 18 | substances
which cause leaves or foliage to drop from a plant | ||||||
| 19 | with or without
causing abscission.
| ||||||
| 20 | 9. "Desiccant" means any substance or combination of | ||||||
| 21 | substances
intended for artificially accelerating the drying | ||||||
| 22 | of plant tissue.
| ||||||
| 23 | 10. "Device" means any instrument or contrivance, other | ||||||
| 24 | than a
firearm or equipment for application of pesticides when | ||||||
| 25 | sold separately
from pesticides, which is intended for | ||||||
| 26 | trapping, repelling, destroying,
or mitigating any pest, other | ||||||
| |||||||
| |||||||
| 1 | than bacteria, virus, or other
microorganisms on or living in | ||||||
| 2 | man or other living animals.
| ||||||
| 3 | 11. "Distribute" means offer or hold for sale, sell, | ||||||
| 4 | barter, ship,
deliver for shipment, receive and then deliver, | ||||||
| 5 | or offer to deliver
pesticides, within the State.
| ||||||
| 6 | 12. "Environment" includes water, air, land, and all plants | ||||||
| 7 | and
animals including man, living therein and the | ||||||
| 8 | interrelationships which
exist among these.
| ||||||
| 9 | 13. "Equipment" means any type of instruments and | ||||||
| 10 | contrivances using
motorized, mechanical or pressure power | ||||||
| 11 | which is used to apply any
pesticide, excluding pressurized | ||||||
| 12 | hand-size household apparatus
containing dilute ready to apply | ||||||
| 13 | pesticide or used to apply household
pesticides.
| ||||||
| 14 | 14. "FIFRA" means the "Federal Insecticide Fungicide | ||||||
| 15 | Rodenticide
Act", as amended.
| ||||||
| 16 | 15. "Fungi" means any non-chlorophyll bearing | ||||||
| 17 | thallophytes, any
non-chlorophyll bearing plant of a lower | ||||||
| 18 | order than mosses or
liverworts, as for example rust, smut, | ||||||
| 19 | mildew, mold, yeast and bacteria,
except those on or in living | ||||||
| 20 | animals including man and those on or in
processed foods, | ||||||
| 21 | beverages or pharmaceuticals.
| ||||||
| 22 | 16. "Household Substance" means any pesticide customarily | ||||||
| 23 | produced
and distributed for use by individuals in or about the | ||||||
| 24 | household.
| ||||||
| 25 | 17. "Imminent Hazard" means a situation which exists when | ||||||
| 26 | continued
use of a pesticide would likely result in | ||||||
| |||||||
| |||||||
| 1 | unreasonable adverse effect on
the environment or will involve | ||||||
| 2 | unreasonable hazard to the survival of a
species declared | ||||||
| 3 | endangered by the U.S. Secretary of the Interior or to
species | ||||||
| 4 | declared to be protected by the Illinois Department of Natural
| ||||||
| 5 | Resources.
| ||||||
| 6 | 18. "Inert Ingredient" means an ingredient which is not an | ||||||
| 7 | active
ingredient.
| ||||||
| 8 | 19. "Ingredient Statement" means a statement of the name | ||||||
| 9 | and
percentage of each active ingredient together with the | ||||||
| 10 | total percentage
of inert ingredients in a pesticide and for | ||||||
| 11 | pesticides containing
arsenic in any form, the ingredient | ||||||
| 12 | statement shall include percentage
of total and water soluble | ||||||
| 13 | arsenic, each calculated as elemental
arsenic. In the case of | ||||||
| 14 | spray adjuvants the ingredient statement need
contain only the | ||||||
| 15 | names of the functioning agents and the total percent
of those | ||||||
| 16 | constituents ineffective as spray adjuvants.
| ||||||
| 17 | 20. "Insect" means any of the numerous small invertebrate | ||||||
| 18 | animals
generally having the body more or less obviously | ||||||
| 19 | segmented for the most
part belonging to the class Insects, | ||||||
| 20 | comprised of six-legged, usually
winged forms, as for example | ||||||
| 21 | beetles, caterpillars, and flies. This
definition encompasses | ||||||
| 22 | other allied classes of arthropods whose members
are wingless | ||||||
| 23 | and usually have more than 6 legs as for example spiders,
| ||||||
| 24 | mites, ticks, centipedes, and millipedes.
| ||||||
| 25 | 21. "Label" means the written, printed or graphic matter on | ||||||
| 26 | or
attached to the pesticide or device or any of its containers | ||||||
| |||||||
| |||||||
| 1 | or
wrappings.
| ||||||
| 2 | 22. "Labeling" means the label and all other written, | ||||||
| 3 | printed or
graphic matter: (a) on the pesticide or device or | ||||||
| 4 | any of its containers
or wrappings, (b) accompanying the | ||||||
| 5 | pesticide or device or referring to
it in any other media used | ||||||
| 6 | to disseminate information to the public,
(c) to which | ||||||
| 7 | reference is made to the pesticide or device except when
| ||||||
| 8 | references are made to current official publications of the U. | ||||||
| 9 | S.
Environmental Protection Agency, Departments of | ||||||
| 10 | Agriculture, Health,
Education and Welfare or other Federal | ||||||
| 11 | Government institutions, the
state experiment station or | ||||||
| 12 | colleges of agriculture or other similar
state institution | ||||||
| 13 | authorized to conduct research in the field of
pesticides.
| ||||||
| 14 | 23. "Land" means all land and water area including | ||||||
| 15 | airspace, and all
plants, animals, structures, buildings, | ||||||
| 16 | contrivances, and machinery
appurtenant thereto or situated | ||||||
| 17 | thereon, fixed or mobile, including any
used for | ||||||
| 18 | transportation.
| ||||||
| 19 | 24. "Licensed Operator" means a person employed to apply | ||||||
| 20 | pesticides
to the lands of others under the direction of a | ||||||
| 21 | "licensed commercial
applicator" or a "licensed public | ||||||
| 22 | applicator" or a "licensed commercial
not-for-hire | ||||||
| 23 | applicator".
| ||||||
| 24 | 25. "Nematode" means invertebrate animals of the phylum
| ||||||
| 25 | nemathelminthes and class nematoda, also referred to as nemas | ||||||
| 26 | or
eelworms, which are unsegmented roundworms with elongated | ||||||
| |||||||
| |||||||
| 1 | fusiform or
sac-like bodies covered with cuticle and inhabiting | ||||||
| 2 | soil, water, plants
or plant parts.
| ||||||
| 3 | 26. "Permit" means a written statement issued by the | ||||||
| 4 | Director or his
authorized agent, authorizing certain acts of | ||||||
| 5 | pesticide purchase or of
pesticide use or application on an a | ||||||
| 6 | interim basis prior to normal
certification, registration, or | ||||||
| 7 | licensing.
| ||||||
| 8 | 27. "Person" means any individual, partnership, | ||||||
| 9 | association,
fiduciary, corporation, or any organized group of | ||||||
| 10 | persons whether
incorporated or not.
| ||||||
| 11 | 28. "Pest" means (a) any insect, rodent, nematode, fungus, | ||||||
| 12 | weed, or
(b) any other form of terrestrial or aquatic plant or | ||||||
| 13 | animal life or
virus, bacteria, or other microorganism, | ||||||
| 14 | excluding virus, bacteria, or
other microorganism on or in | ||||||
| 15 | living animals including man, which the
Director declares to be | ||||||
| 16 | a pest.
| ||||||
| 17 | 29. "Pesticide" means any substance or mixture of | ||||||
| 18 | substances
intended for preventing, destroying, repelling, or | ||||||
| 19 | mitigating any pest
or any substance or mixture of substances | ||||||
| 20 | intended for use as a plant
regulator, defoliant or desiccant.
| ||||||
| 21 | 30. "Pesticide Dealer" means any person who distributes | ||||||
| 22 | registered
pesticides to the user.
| ||||||
| 23 | 31. "Plant Regulator" means any substance or mixture of | ||||||
| 24 | substances
intended through physiological action to affect the | ||||||
| 25 | rate of growth or
maturation or otherwise alter the behavior of | ||||||
| 26 | ornamental or crop plants
or the produce thereof. This does not | ||||||
| |||||||
| |||||||
| 1 | include substances which are not
intended as plant nutrient | ||||||
| 2 | trace elements, nutritional chemicals, plant
or seed | ||||||
| 3 | inoculants or soil conditioners or amendments.
| ||||||
| 4 | 32. "Protect Health and Environment" means to guard against | ||||||
| 5 | any
unreasonable adverse effects on the environment.
| ||||||
| 6 | 33. "Registrant" means person who has registered any | ||||||
| 7 | pesticide
pursuant to the provision of FIFRA and this Act.
| ||||||
| 8 | 34. "Restricted Use Pesticide" means any pesticide with one | ||||||
| 9 | or more
of its uses classified as restricted by order of the | ||||||
| 10 | Administrator of
USEPA.
| ||||||
| 11 | 35. "SLN Registration" means registration of a pesticide | ||||||
| 12 | for use
under conditions of special local need as defined by
| ||||||
| 13 | FIFRA.
| ||||||
| 14 | 36. "State Restricted Pesticide Use" means any pesticide | ||||||
| 15 | use which
the Director determines, subsequent to public | ||||||
| 16 | hearing, that an
additional restriction for that use is needed | ||||||
| 17 | to prevent unreasonable
adverse effects.
| ||||||
| 18 | 37. "Structural Pest" means any pests which attack and | ||||||
| 19 | destroy
buildings and other structures or which attack | ||||||
| 20 | clothing, stored food,
commodities stored at food | ||||||
| 21 | manufacturing and processing facilities or
manufactured and | ||||||
| 22 | processed goods.
| ||||||
| 23 | 38. "Unreasonable Adverse Effects on the Environment" | ||||||
| 24 | means the
unreasonable risk to the environment, including man, | ||||||
| 25 | from the use of any
pesticide, when taking into account accrued | ||||||
| 26 | benefits of as well as the
economic, social, and environmental | ||||||
| |||||||
| |||||||
| 1 | costs of its use.
| ||||||
| 2 | 39. "USEPA" means United States Environmental Protection | ||||||
| 3 | Agency.
| ||||||
| 4 | 40. "Use inconsistent with the label" means to use a | ||||||
| 5 | pesticide in
a manner not consistent with the label | ||||||
| 6 | instruction, the definition
adopted in FIFRA as interpreted by | ||||||
| 7 | USEPA shall apply in Illinois.
| ||||||
| 8 | 41. "Weed" means any plant growing in a place where it is | ||||||
| 9 | not
wanted.
| ||||||
| 10 | 42. "Wildlife" means all living things, not human, | ||||||
| 11 | domestic, or
pests.
| ||||||
| 12 | 43. "Bulk pesticide" means any registered pesticide which | ||||||
| 13 | is
transported or held in an individual container in undivided | ||||||
| 14 | quantities of
greater than 55 U.S. gallons liquid measure or | ||||||
| 15 | 100 pounds net dry weight.
| ||||||
| 16 | 44. "Bulk repackaging" means the transfer of a registered | ||||||
| 17 | pesticide from
one bulk container (containing undivided | ||||||
| 18 | quantities of greater than 100
U.S. gallons liquid measure or | ||||||
| 19 | 100 pounds net dry weight) to another bulk
container | ||||||
| 20 | (containing undivided quantities of greater than 100 U.S. | ||||||
| 21 | gallons
liquid measure or 100 pounds net dry weight) in an | ||||||
| 22 | unaltered state in
preparation for sale or distribution to | ||||||
| 23 | another person.
| ||||||
| 24 | 45. "Business" means any individual, partnership, | ||||||
| 25 | corporation or
association engaged in a business operation for | ||||||
| 26 | the purpose of
selling or distributing pesticides or providing | ||||||
| |||||||
| |||||||
| 1 | the service of application
of pesticides in this State.
| ||||||
| 2 | 46. "Facility" means any building or structure and all real | ||||||
| 3 | property
contiguous thereto, including all equipment fixed | ||||||
| 4 | thereon used for the
operation of the business.
| ||||||
| 5 | 47. "Chemigation" means the application of a pesticide | ||||||
| 6 | through the
systems or equipment employed for the primary | ||||||
| 7 | purpose of irrigation of land and
crops.
| ||||||
| 8 | 48. "Use" means any activity covered by the pesticide label | ||||||
| 9 | including
but not limited to application of pesticide, mixing | ||||||
| 10 | and loading, storage of
pesticides or pesticide containers, | ||||||
| 11 | disposal of pesticides and pesticide
containers and reentry | ||||||
| 12 | into treated sites or areas.
| ||||||
| 13 | (Source: P.A. 92-113, eff. 7-20-01; revised 11-14-13.)
| ||||||
| 14 | Section 600. The Firearm Owners Identification Card Act is | ||||||
| 15 | amended by changing Section 8 as follows:
| ||||||
| 16 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
| 17 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
| 18 | of State Police has authority to deny an
application for or to | ||||||
| 19 | revoke and seize a Firearm Owner's Identification
Card | ||||||
| 20 | previously issued under this Act only if the Department finds | ||||||
| 21 | that the
applicant or the person to whom such card was issued | ||||||
| 22 | is or was at the time
of issuance:
| ||||||
| 23 | (a) A person under 21 years of age who has been | ||||||
| 24 | convicted of a
misdemeanor other than a traffic offense or | ||||||
| |||||||
| |||||||
| 1 | adjudged delinquent;
| ||||||
| 2 | (b) A person under 21 years of age who does not have | ||||||
| 3 | the written consent
of his parent or guardian to acquire | ||||||
| 4 | and possess firearms and firearm
ammunition, or whose | ||||||
| 5 | parent or guardian has revoked such written consent,
or | ||||||
| 6 | where such parent or guardian does not qualify to have a | ||||||
| 7 | Firearm Owner's
Identification Card;
| ||||||
| 8 | (c) A person convicted of a felony under the laws of | ||||||
| 9 | this or any other
jurisdiction;
| ||||||
| 10 | (d) A person addicted to narcotics;
| ||||||
| 11 | (e) A person who has been a patient of a mental health | ||||||
| 12 | facility within the
past 5 years or a person who has been a | ||||||
| 13 | patient in a mental health facility more than 5 years ago | ||||||
| 14 | who has not received the certification required under | ||||||
| 15 | subsection (u) of this Section. An active law enforcement | ||||||
| 16 | officer employed by a unit of government who is denied, | ||||||
| 17 | revoked, or has his or her Firearm Owner's Identification | ||||||
| 18 | Card seized under this subsection (e) may obtain relief as | ||||||
| 19 | described in subsection (c-5) of Section 10 of this Act if | ||||||
| 20 | the officer did not act in a manner threatening to the | ||||||
| 21 | officer, another person, or the public as determined by the | ||||||
| 22 | treating clinical psychologist or physician, and the | ||||||
| 23 | officer seeks mental health treatment;
| ||||||
| 24 | (f) A person whose mental condition is of such a nature | ||||||
| 25 | that it poses
a clear and present danger to the applicant, | ||||||
| 26 | any other person or persons or
the community;
| ||||||
| |||||||
| |||||||
| 1 | (g) A person who is intellectually disabled;
| ||||||
| 2 | (h) A person who intentionally makes a false statement | ||||||
| 3 | in the Firearm
Owner's Identification Card application;
| ||||||
| 4 | (i) An alien who is unlawfully present in
the United | ||||||
| 5 | States under the laws of the United States;
| ||||||
| 6 | (i-5) An alien who has been admitted to the United | ||||||
| 7 | States under a
non-immigrant visa (as that term is defined | ||||||
| 8 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
| 9 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
| 10 | (i-5) does not apply to any alien who has been lawfully | ||||||
| 11 | admitted to
the United States under a non-immigrant visa if | ||||||
| 12 | that alien is:
| ||||||
| 13 | (1) admitted to the United States for lawful | ||||||
| 14 | hunting or sporting purposes;
| ||||||
| 15 | (2) an official representative of a foreign | ||||||
| 16 | government who is:
| ||||||
| 17 | (A) accredited to the United States Government | ||||||
| 18 | or the Government's
mission to an international | ||||||
| 19 | organization having its headquarters in the United
| ||||||
| 20 | States; or
| ||||||
| 21 | (B) en route to or from another country to | ||||||
| 22 | which that alien is
accredited;
| ||||||
| 23 | (3) an official of a foreign government or | ||||||
| 24 | distinguished foreign visitor
who has been so | ||||||
| 25 | designated by the Department of State;
| ||||||
| 26 | (4) a foreign law enforcement officer of a friendly | ||||||
| |||||||
| |||||||
| 1 | foreign government
entering the United States on | ||||||
| 2 | official business; or
| ||||||
| 3 | (5) one who has received a waiver from the Attorney | ||||||
| 4 | General of the United
States pursuant to 18 U.S.C. | ||||||
| 5 | 922(y)(3);
| ||||||
| 6 | (j) (Blank);
| ||||||
| 7 | (k) A person who has been convicted within the past 5 | ||||||
| 8 | years of battery,
assault, aggravated assault, violation | ||||||
| 9 | of an order of protection, or a
substantially similar | ||||||
| 10 | offense in another jurisdiction, in which a firearm was
| ||||||
| 11 | used or possessed;
| ||||||
| 12 | (l) A person who has been convicted of domestic | ||||||
| 13 | battery, aggravated domestic battery, or a substantially
| ||||||
| 14 | similar offense in another jurisdiction committed before, | ||||||
| 15 | on or after January 1, 2012 (the effective date of Public | ||||||
| 16 | Act 97-158). If the applicant or person who has been | ||||||
| 17 | previously issued a Firearm Owner's Identification Card | ||||||
| 18 | under this Act knowingly and intelligently waives the right | ||||||
| 19 | to have an offense described in this paragraph (l) tried by | ||||||
| 20 | a jury, and by guilty plea or otherwise, results in a | ||||||
| 21 | conviction for an offense in which a domestic relationship | ||||||
| 22 | is not a required element of the offense but in which a | ||||||
| 23 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
| 24 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
| 25 | Procedure of 1963, an entry by the court of a judgment of | ||||||
| 26 | conviction for that offense shall be grounds for denying an | ||||||
| |||||||
| |||||||
| 1 | application for and for revoking and seizing a Firearm | ||||||
| 2 | Owner's Identification Card previously issued to the | ||||||
| 3 | person under this Act;
| ||||||
| 4 | (m) (Blank);
| ||||||
| 5 | (n) A person who is prohibited from acquiring or | ||||||
| 6 | possessing
firearms or firearm ammunition by any Illinois | ||||||
| 7 | State statute or by federal
law;
| ||||||
| 8 | (o) A minor subject to a petition filed under Section | ||||||
| 9 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
| 10 | minor is a delinquent minor for
the commission of an | ||||||
| 11 | offense that if committed by an adult would be a felony;
| ||||||
| 12 | (p) An adult who had been adjudicated a delinquent | ||||||
| 13 | minor under the Juvenile
Court Act of 1987 for the | ||||||
| 14 | commission of an offense that if committed by an
adult | ||||||
| 15 | would be a felony;
| ||||||
| 16 | (q) A person who is not a resident of the State of | ||||||
| 17 | Illinois, except as provided in subsection (a-10) of | ||||||
| 18 | Section 4; | ||||||
| 19 | (r) A person who has been adjudicated as a mentally | ||||||
| 20 | disabled person; | ||||||
| 21 | (s) A person who has been found to be developmentally | ||||||
| 22 | disabled; | ||||||
| 23 | (t) A person involuntarily admitted into a mental | ||||||
| 24 | health facility; or | ||||||
| 25 | (u) A person who has had his or her Firearm Owner's | ||||||
| 26 | Identification Card revoked or denied under subsection (e) | ||||||
| |||||||
| |||||||
| 1 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
| 2 | (a) of Section 4 of this Act because he or she was a | ||||||
| 3 | patient in a mental health facility as provided in item (2) | ||||||
| 4 | of subsection (e) of this Section, shall not be permitted | ||||||
| 5 | to obtain a Firearm Owner's Identification Card, after the | ||||||
| 6 | 5-year 5 year period has lapsed, unless he or she has | ||||||
| 7 | received a mental health evaluation by a physician, | ||||||
| 8 | clinical psychologist, or qualified examiner as those | ||||||
| 9 | terms are defined in the Mental Health and Developmental | ||||||
| 10 | Disabilities Code, and has received a certification that he | ||||||
| 11 | or she is not a clear and present danger to himself, | ||||||
| 12 | herself, or others. The physician, clinical psychologist, | ||||||
| 13 | or qualified examiner making the certification and his or | ||||||
| 14 | her employer shall not be held criminally, civilly, or | ||||||
| 15 | professionally liable for making or not making the | ||||||
| 16 | certification required under this subsection, except for | ||||||
| 17 | willful or wanton misconduct. This subsection does not | ||||||
| 18 | apply to a person whose firearm possession rights have been | ||||||
| 19 | restored through administrative or judicial action under | ||||||
| 20 | Section 10 or 11 of this Act. ; or | ||||||
| 21 | (v) Upon revocation of a person's Firearm Owner's | ||||||
| 22 | Identification Card, the Department of State Police shall | ||||||
| 23 | provide notice to the person and the person shall comply with | ||||||
| 24 | Section 9.5 of this Act. | ||||||
| 25 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
| 26 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13; | ||||||
| |||||||
| |||||||
| 1 | 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; revised 9-24-13.)
| ||||||
| 2 | Section 605. The Firearm Concealed Carry Act is amended by | ||||||
| 3 | changing Sections 25, 35, 50, and 70 as follows:
| ||||||
| 4 | (430 ILCS 66/25)
| ||||||
| 5 | Sec. 25. Qualifications for a license. | ||||||
| 6 | The Department shall issue a license to an applicant | ||||||
| 7 | completing an application in accordance with Section 30 of this | ||||||
| 8 | Act if the person: | ||||||
| 9 | (1) is at least 21 years of age; | ||||||
| 10 | (2) has a currently valid Firearm Owner's | ||||||
| 11 | Identification Card and at the time of application meets | ||||||
| 12 | the requirements for the issuance of a Firearm Owner's | ||||||
| 13 | Identification Card and is not prohibited under the Firearm | ||||||
| 14 | Owners Identification Card Act or federal law from | ||||||
| 15 | possessing or receiving a firearm; | ||||||
| 16 | (3) has not been convicted or found guilty in this | ||||||
| 17 | State or in any other state of: | ||||||
| 18 | (A) a misdemeanor involving the use or threat of | ||||||
| 19 | physical force or violence to any person within the 5 | ||||||
| 20 | years preceding the date of the license application; or | ||||||
| 21 | (B) 2 or more violations related to driving while | ||||||
| 22 | under the influence of alcohol, other drug or drugs, | ||||||
| 23 | intoxicating compound or compounds, or any combination | ||||||
| 24 | thereof, within the 5 years preceding the date of the | ||||||
| |||||||
| |||||||
| 1 | license application; and | ||||||
| 2 | (4) is not the subject of a pending arrest warrant, | ||||||
| 3 | prosecution, or proceeding for an offense or action that | ||||||
| 4 | could lead to disqualification to own or possess a firearm; | ||||||
| 5 | (5) has not been in residential or court-ordered | ||||||
| 6 | treatment for alcoholism, alcohol detoxification, or drug | ||||||
| 7 | treatment within the 5 years immediately preceding the date | ||||||
| 8 | of the license application; and | ||||||
| 9 | (6) has completed firearms training and any education | ||||||
| 10 | component required under Section 75 of this Act.
| ||||||
| 11 | (Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
| ||||||
| 12 | (430 ILCS 66/35)
| ||||||
| 13 | Sec. 35. Investigation of the applicant. | ||||||
| 14 | The Department shall conduct a background check of the | ||||||
| 15 | applicant to ensure compliance with the requirements of this | ||||||
| 16 | Act and all federal, State, and local laws. The background | ||||||
| 17 | check shall include a search of the following: | ||||||
| 18 | (1) the National Instant Criminal Background Check | ||||||
| 19 | System of the Federal Bureau of Investigation; | ||||||
| 20 | (2) all available state and local criminal history | ||||||
| 21 | record information files, including records of juvenile | ||||||
| 22 | adjudications; | ||||||
| 23 | (3) all available federal, state, and local records | ||||||
| 24 | regarding wanted persons; | ||||||
| 25 | (4) all available federal, state, and local records of | ||||||
| |||||||
| |||||||
| 1 | domestic violence restraining and protective orders; | ||||||
| 2 | (5) the files of the Department of Human Services | ||||||
| 3 | relating to mental health and developmental disabilities; | ||||||
| 4 | and
| ||||||
| 5 | (6) all other available records of a federal, state, or | ||||||
| 6 | local agency or other public entity in any jurisdiction | ||||||
| 7 | likely to contain information relevant to whether the | ||||||
| 8 | applicant is prohibited from purchasing, possessing, or | ||||||
| 9 | carrying a firearm under federal, state, or local law. | ||||||
| 10 | (7) Fingerprints collected under Section 30 shall be | ||||||
| 11 | checked against the Department of State Police and Federal | ||||||
| 12 | Bureau of Investigation criminal history record databases now | ||||||
| 13 | and hereafter filed. The Department shall charge applicants a | ||||||
| 14 | fee for conducting the criminal history records check, which | ||||||
| 15 | shall be deposited in the State Police Services Fund and shall | ||||||
| 16 | not exceed the actual cost of the records check.
| ||||||
| 17 | (Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
| ||||||
| 18 | (430 ILCS 66/50)
| ||||||
| 19 | Sec. 50. License renewal. Applications for renewal of a | ||||||
| 20 | license shall be made to the Department. A license shall be | ||||||
| 21 | renewed for a period of 5 years upon receipt of a completed | ||||||
| 22 | renewal application, completion of 3 hours of training required | ||||||
| 23 | under Section 75 of this Act Section, payment of the applicable | ||||||
| 24 | renewal fee, and completion of an investigation under Section | ||||||
| 25 | 35 of this Act. The renewal application shall contain the | ||||||
| |||||||
| |||||||
| 1 | information required in Section 30 of this Act, except that the | ||||||
| 2 | applicant need not resubmit a full set of fingerprints.
| ||||||
| 3 | (Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
| ||||||
| 4 | (430 ILCS 66/70)
| ||||||
| 5 | Sec. 70. Violations. | ||||||
| 6 | (a) A license issued or renewed under this Act shall be | ||||||
| 7 | revoked if, at any time, the licensee is found to be ineligible | ||||||
| 8 | for a license under this Act or the licensee no longer meets | ||||||
| 9 | the eligibility requirements of the Firearm Owners | ||||||
| 10 | Identification Card Act. | ||||||
| 11 | (b) A license shall be suspended if an order of protection, | ||||||
| 12 | including an emergency order of protection, plenary order of | ||||||
| 13 | protection, or interim order of protection under Article 112A | ||||||
| 14 | of the Code of Criminal Procedure of 1963 or under the Illinois | ||||||
| 15 | Domestic Violence Act of 1986, is issued against a licensee for | ||||||
| 16 | the duration of the order, or if the Department is made aware | ||||||
| 17 | of a similar order issued against the licensee in any other | ||||||
| 18 | jurisdiction. If an order of protection is issued against a | ||||||
| 19 | licensee, the licensee shall surrender the license, as | ||||||
| 20 | applicable, to the court at the time the order is entered or to | ||||||
| 21 | the law enforcement agency or entity serving process at the | ||||||
| 22 | time the licensee is served the order. The court, law | ||||||
| 23 | enforcement agency, or entity responsible for serving the order | ||||||
| 24 | of protection shall notify the Department within 7 days and | ||||||
| 25 | transmit the license to the Department. | ||||||
| |||||||
| |||||||
| 1 | (c) A license is invalid upon expiration of the license, | ||||||
| 2 | unless the licensee has submitted an application to renew the | ||||||
| 3 | license, and the applicant is otherwise eligible to possess a | ||||||
| 4 | license under this Act. | ||||||
| 5 | (d) A licensee shall not carry a concealed firearm while | ||||||
| 6 | under the influence of alcohol, other drug or drugs, | ||||||
| 7 | intoxicating compound or combination of compounds, or any | ||||||
| 8 | combination thereof, under the standards set forth in | ||||||
| 9 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
| 10 | A licensee in violation of this subsection (d) shall be | ||||||
| 11 | guilty of a Class A misdemeanor for a first or second violation | ||||||
| 12 | and a Class 4 felony for a third violation. The Department may | ||||||
| 13 | suspend a license for up to 6 months for a second violation and | ||||||
| 14 | shall permanently revoke a license for a third violation. | ||||||
| 15 | (e) Except as otherwise provided, a licensee in violation | ||||||
| 16 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
| 17 | or subsequent violation is a Class A misdemeanor. The | ||||||
| 18 | Department may suspend a license for up to 6 months for a | ||||||
| 19 | second violation and shall permanently revoke a license for 3 | ||||||
| 20 | or more violations of Section 65 of this Act. Any person | ||||||
| 21 | convicted of a violation under this Section shall pay a $150 | ||||||
| 22 | fee to be deposited into the Mental Health Reporting Fund, plus | ||||||
| 23 | any applicable court costs or fees. | ||||||
| 24 | (f) A licensee convicted or found guilty of a violation of | ||||||
| 25 | this Act who has a valid license and is otherwise eligible to | ||||||
| 26 | carry a concealed firearm shall only be subject to the | ||||||
| |||||||
| |||||||
| 1 | penalties under this Section and shall not be subject to the | ||||||
| 2 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
| 3 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
| 4 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
| 5 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
| 6 | subsection, nothing in this subsection prohibits the licensee | ||||||
| 7 | from being subjected to penalties for violations other than | ||||||
| 8 | those specified in this Act. | ||||||
| 9 | (g) A licensee whose license is revoked, suspended, or | ||||||
| 10 | denied shall, within 48 hours of receiving notice of the | ||||||
| 11 | revocation, suspension, or denial, surrender his or her | ||||||
| 12 | concealed carry license to the local law enforcement agency | ||||||
| 13 | where the person resides. The local law enforcement agency | ||||||
| 14 | shall provide the licensee a receipt and transmit the concealed | ||||||
| 15 | carry license to the Department of State Police. If the | ||||||
| 16 | licensee whose concealed carry license has been revoked, | ||||||
| 17 | suspended, or denied fails to comply with the requirements of | ||||||
| 18 | this subsection, the law enforcement agency where the person | ||||||
| 19 | resides may petition the circuit court to issue a warrant to | ||||||
| 20 | search for and seize the concealed carry license in the | ||||||
| 21 | possession and under the custody or control of the licensee | ||||||
| 22 | whose concealed carry license has been revoked, suspended, or | ||||||
| 23 | denied. The observation of a concealed carry license in the | ||||||
| 24 | possession of a person whose license has been revoked, | ||||||
| 25 | suspended, or denied constitutes a sufficient basis for the | ||||||
| 26 | arrest of that person for violation of this subsection. A | ||||||
| |||||||
| |||||||
| 1 | violation of this subsection is a Class A misdemeanor. | ||||||
| 2 | (h) A license issued or renewed under this Act shall be | ||||||
| 3 | revoked if, at any time, the licensee is found ineligible for a | ||||||
| 4 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
| 5 | possesses a valid Firearm Owner's Identification Card. A | ||||||
| 6 | licensee whose license is revoked under this subsection (h) | ||||||
| 7 | shall surrender his or her concealed carry license as provided | ||||||
| 8 | for in subsection (g) of this Section. | ||||||
| 9 | This subsection shall not apply to a person who has filed | ||||||
| 10 | an application with the State Police for renewal of a Firearm
| ||||||
| 11 | Owner's Identification Card and who is not otherwise ineligible | ||||||
| 12 | to obtain a Firearm Owner's Identification Card.
| ||||||
| 13 | (Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)
| ||||||
| 14 | Section 610. The Boiler and Pressure Vessel Safety Act is | ||||||
| 15 | amended by changing Section 5 as follows:
| ||||||
| 16 | (430 ILCS 75/5) (from Ch. 111 1/2, par. 3206)
| ||||||
| 17 | Sec. 5. Exemptions.
| ||||||
| 18 | (a) This Act shall not apply to the following boilers and | ||||||
| 19 | pressure vessels:
| ||||||
| 20 | (1) Boilers and pressure vessels under federal | ||||||
| 21 | regulations, except for
boiler and pressure vessels in | ||||||
| 22 | nuclear facilities subject to Section 2a, and
boilers and | ||||||
| 23 | pressure vessels located in cities of more than 500,000
| ||||||
| 24 | inhabitants.
| ||||||
| |||||||
| |||||||
| 1 | (2) Pressure vessels used for transportation and | ||||||
| 2 | storage of
compressed or liquefied gases when constructed | ||||||
| 3 | in compliance with
specifications of the Department of | ||||||
| 4 | Transportation and charged with
gas or liquid, marked, | ||||||
| 5 | maintained, and periodically requalified for use,
as | ||||||
| 6 | required by appropriate regulations of the Department of
| ||||||
| 7 | Transportation.
| ||||||
| 8 | (3) Pressure vessels located on vehicles operating | ||||||
| 9 | under the rules of
other State authorities and used for | ||||||
| 10 | carrying passengers or freight.
| ||||||
| 11 | (4) Pressure vessels installed on the right of way of | ||||||
| 12 | railroads and
used directly in the operation of trains.
| ||||||
| 13 | (5) Boilers and pressure vessels under the inspection | ||||||
| 14 | jurisdiction of the
Department of Natural Resources and | ||||||
| 15 | located on mine
property.
| ||||||
| 16 | (6) Boilers and pressure vessels located on farms and | ||||||
| 17 | used solely for
agricultural purposes.
| ||||||
| 18 | (7) Steam boilers of a miniature model locomotive, | ||||||
| 19 | boat, tractor,
or stationary engine constructed and | ||||||
| 20 | maintained as a hobby and not for
commercial use, that have | ||||||
| 21 | an inside diameter not exceeding 12 inches and a
grate area | ||||||
| 22 | not exceeding 1 1/2 square feet, provided they are | ||||||
| 23 | constantly
attended while in operation and are equipped | ||||||
| 24 | with a water level indicator,
pressure gauge, and a safety | ||||||
| 25 | valve of adequate capacity.
| ||||||
| 26 | (8) Pressure vessels regulated and inspected under the | ||||||
| |||||||
| |||||||
| 1 | Illinois
Fertilizer Act of 1961.
| ||||||
| 2 | (9) Pressure vessels containing liquefied liquified | ||||||
| 3 | petroleum gas regulated under
the Liquefied Liquified | ||||||
| 4 | Petroleum Gas Regulation Act.
| ||||||
| 5 | (b) The following boilers and pressure vessels shall be | ||||||
| 6 | exempt from
the requirements of Sections 10, 11, 12, and 13 of | ||||||
| 7 | this Act:
| ||||||
| 8 | (1) Steam boilers used for heating purposes and | ||||||
| 9 | operated at a
pressure not in excess of 15 pounds per | ||||||
| 10 | square inch gauge (psig)
and having a rating not in excess | ||||||
| 11 | of 200,000 B.T.U. per hour input.
| ||||||
| 12 | (2) Hot water heating boilers operated at a pressure | ||||||
| 13 | not in excess of
30 psig and having a rating not in excess | ||||||
| 14 | of 200,000 B.T.U. per hour.
| ||||||
| 15 | (3) Boilers and pressure vessels, located in private | ||||||
| 16 | residences or in
multi-family buildings having fewer than 6 | ||||||
| 17 | dwelling units.
| ||||||
| 18 | (4) Hot water supply boilers that are directly fired | ||||||
| 19 | with oil, gas, or electricity when none of the following | ||||||
| 20 | limitations are exceeded:
| ||||||
| 21 | (A) Heat input of 200,000 BTU per hour.
| ||||||
| 22 | (B) Water temperature of 200 degrees Fahrenheit.
| ||||||
| 23 | (C) Nominal water containing capacity of 120 U.S. | ||||||
| 24 | gallons.
| ||||||
| 25 | (5) Coil type hot water boilers where the water can | ||||||
| 26 | flash into steam when released directly to the atmosphere | ||||||
| |||||||
| |||||||
| 1 | through a manually operated nozzle provided the following | ||||||
| 2 | conditions are met:
| ||||||
| 3 | (A) There is no drum, headers, or other steam | ||||||
| 4 | space.
| ||||||
| 5 | (B) No steam is generated within the coil.
| ||||||
| 6 | (C) Outside diameter of tubing does not exceed 1 | ||||||
| 7 | inch.
| ||||||
| 8 | (D) Pipe size does not exceed 3/4 inch NPS.
| ||||||
| 9 | (E) Water capacity of unit does not exceed 6 U.S. | ||||||
| 10 | gallons.
| ||||||
| 11 | (F) Water temperature does not exceed 350 degrees | ||||||
| 12 | Fahrenheit.
| ||||||
| 13 | (6) Pressure vessels containing only water under | ||||||
| 14 | pressure for
domestic supply purposes, including those | ||||||
| 15 | containing air, the compression
of which serves only a | ||||||
| 16 | cushion or airlift pumping function.
| ||||||
| 17 | (7) Pressure vessels operated at a pressure not | ||||||
| 18 | exceeding 15 psig with no limitation on size.
| ||||||
| 19 | (8) Pressure vessels that do not exceed:
| ||||||
| 20 | (A) Both a volume of 15 cubic feet and 250 psig | ||||||
| 21 | when not located in a place of public assembly.
| ||||||
| 22 | (B) Both a volume of 5 cubic and 250 psig when | ||||||
| 23 | located in a place of public assembly.
| ||||||
| 24 | (C) A volume of 1 1/2 cubic feet or an inside | ||||||
| 25 | diameter of 6 inches with no limitation on pressure.
| ||||||
| 26 | (9) Water conditioning equipment used for the removal | ||||||
| |||||||
| |||||||
| 1 | of minerals, chemicals, or organic or inorganic particles | ||||||
| 2 | from water by means other than application of heat | ||||||
| 3 | including, without limitation, water softeners, water | ||||||
| 4 | filters, dealkalizers, and demineralizers.
| ||||||
| 5 | (10) Steam boilers of railroad locomotives and | ||||||
| 6 | traction engines built prior
to 1955 that were constructed | ||||||
| 7 | or operated
in compliance with the Federal Locomotive | ||||||
| 8 | Inspection Law and are in the
permanent collection of a | ||||||
| 9 | museum or historical association are exempt
from the | ||||||
| 10 | requirements of subsection (c) of Section 10 upon proof of
| ||||||
| 11 | such construction or inspection being furnished to the | ||||||
| 12 | Board.
| ||||||
| 13 | (c) (Blank).
| ||||||
| 14 | (Source: P.A. 94-748, eff. 5-8-06; revised 11-12-13.)
| ||||||
| 15 | Section 615. The Carnival and Amusement Rides Safety Act is | ||||||
| 16 | amended by changing Sections 2-8.1, 2-12, and 2-15 as follows:
| ||||||
| 17 | (430 ILCS 85/2-8.1) | ||||||
| 18 | Sec. 2-8.1. Suspension and revocation of permit to operate. | ||||||
| 19 | (a)
The Department shall have the power to suspend or | ||||||
| 20 | revoke an owner's permit for any good cause under the meaning | ||||||
| 21 | and purpose of this Act. If a person whose permit has been | ||||||
| 22 | suspended or revoked, or whose application for a permit has | ||||||
| 23 | been denied, believes that the violation or condition | ||||||
| 24 | justifying suspension, revocation, or denial of the permit does | ||||||
| |||||||
| |||||||
| 1 | not exist, the person may apply to the Department for | ||||||
| 2 | reconsideration through a hearing within 10 working days after | ||||||
| 3 | the Department's action. A hearing shall be scheduled, unless | ||||||
| 4 | otherwise mutually agreed by the parties, within 48 hours after | ||||||
| 5 | the request for hearing. | ||||||
| 6 | (b) Service of notice of a hearing shall be made by | ||||||
| 7 | personal service or certified mail to the address shown on the | ||||||
| 8 | application for permit, or to any other address on file with | ||||||
| 9 | the Department and reasonably believed to be the current | ||||||
| 10 | address of the permit holder. | ||||||
| 11 | (c) The written notice of a hearing shall specify the time, | ||||||
| 12 | date, and location of the hearing and the reasons for the | ||||||
| 13 | action proposed by the Department. | ||||||
| 14 | (d) At the hearing, the Department shall have the burden of | ||||||
| 15 | establishing good cause for its action. Good cause exists if | ||||||
| 16 | the Department establishes that the permit holder has failed to | ||||||
| 17 | comply with the requirements of a permit under this Act and its | ||||||
| 18 | rules. | ||||||
| 19 | (e) All hearings held under this Section shall comply with | ||||||
| 20 | Article 10 of the Illinois Administrative Procedure Act and the | ||||||
| 21 | Department's rules of procedure in administrative hearings, | ||||||
| 22 | except that formal discovery, such as production requests, | ||||||
| 23 | interrogatories, requests to admit, and depositions shall not | ||||||
| 24 | be allowed. The parties shall exchange documents and witness | ||||||
| 25 | lists prior to hearing and may request third party subpoenas to | ||||||
| 26 | be issued. | ||||||
| |||||||
| |||||||
| 1 | (f) The final determination by the Department of Labor | ||||||
| 2 | shall be rendered within 5 working days after the conclusion of | ||||||
| 3 | the hearing. | ||||||
| 4 | (g) Final determinations made under this Section are | ||||||
| 5 | subject to the Administrative Review Law.
| ||||||
| 6 | (Source: P.A. 98-541, eff. 8-23-13; revised 11-14-13.)
| ||||||
| 7 | (430 ILCS 85/2-12) (from Ch. 111 1/2, par. 4062)
| ||||||
| 8 | Sec. 2-12. Order for cessation of operation of amusement | ||||||
| 9 | ride or
attraction. | ||||||
| 10 | (a) The Department of Labor
may order, in writing, a | ||||||
| 11 | temporary and immediate cessation of operation of
any amusement | ||||||
| 12 | ride or amusement attraction if it:
| ||||||
| 13 | (1) has been determined
after
inspection to be | ||||||
| 14 | hazardous or unsafe;
| ||||||
| 15 | (2) is in operation before the Director
has issued a | ||||||
| 16 | permit to operate such equipment; or
| ||||||
| 17 | (3) the owner or operator is not in compliance with the | ||||||
| 18 | insurance
requirements contained in
Section 2-14 of this | ||||||
| 19 | Act and any rules or regulations adopted hereunder.
| ||||||
| 20 | (b) Operation of the
amusement ride or
amusement attraction | ||||||
| 21 | shall not resume until:
| ||||||
| 22 | (1) the unsafe or hazardous
condition is corrected to | ||||||
| 23 | the satisfaction of the Director or such inspector;
| ||||||
| 24 | (2) the Director has issued a permit to operate such | ||||||
| 25 | equipment; or
| ||||||
| |||||||
| |||||||
| 1 | (3) the
owner or operator is in compliance with the | ||||||
| 2 | insurance requirements contained in
Section 2-14 of this | ||||||
| 3 | Act and any rules or regulations adopted hereunder, | ||||||
| 4 | respectively. | ||||||
| 5 | (c) The Department shall notify the owner or operator in | ||||||
| 6 | writing of the grounds for the cessation of operation of the | ||||||
| 7 | amusement ride or attraction and of the conditions in need of | ||||||
| 8 | correction at the time the order for cessation is issued. | ||||||
| 9 | (d) The owner or operator may appeal an order of cessation | ||||||
| 10 | by filing a request for a hearing. The Department shall afford | ||||||
| 11 | the owner or operator 10 working days after the date of the | ||||||
| 12 | notice to request a hearing. Upon written request for hearing, | ||||||
| 13 | the Department shall schedule a formal administrative hearing | ||||||
| 14 | in compliance with Article 10 of the Illinois Administrative | ||||||
| 15 | Procedure Act and pursuant to the provisions of the | ||||||
| 16 | Department's rules of procedure in administrative hearings, | ||||||
| 17 | except that formal discovery, such as production requests, | ||||||
| 18 | interrogatories, requests to admit, and depositions will not be | ||||||
| 19 | allowed. The parties shall exchange documents and witness lists | ||||||
| 20 | prior to hearing and may request third party subpoenas to be | ||||||
| 21 | issued. | ||||||
| 22 | (e) The final determination by the Department of Labor | ||||||
| 23 | shall be rendered within 5 working days after the conclusion of | ||||||
| 24 | the hearing. | ||||||
| 25 | (f) The provisions of the Administrative Review Law shall | ||||||
| 26 | apply to and govern all proceedings for the judicial review of | ||||||
| |||||||
| |||||||
| 1 | a final determination under this Section.
| ||||||
| 2 | (Source: P.A. 98-541, eff. 8-23-13; revised 11-15-13.)
| ||||||
| 3 | (430 ILCS 85/2-15) (from Ch. 111 1/2, par. 4065)
| ||||||
| 4 | Sec. 2-15. Penalties. | ||||||
| 5 | (a) Criminal penalties. | ||||||
| 6 | 1. Any person who operates an amusement ride or | ||||||
| 7 | amusement attraction at
a carnival or fair without having | ||||||
| 8 | obtained
a permit from the Department or who violates any | ||||||
| 9 | order or rule issued by the Department
under this Act is | ||||||
| 10 | guilty of a Class A misdemeanor. Each
day shall constitute | ||||||
| 11 | a separate and distinct offense.
| ||||||
| 12 | 2. Any person who interferes with, impedes, or | ||||||
| 13 | obstructs in any manner
the Director or any authorized | ||||||
| 14 | representative of the Department
in the performance of | ||||||
| 15 | their duties under this Act is guilty
of a Class A | ||||||
| 16 | misdemeanor.
| ||||||
| 17 | (b) Civil penalties. Unless otherwise provided in this Act, | ||||||
| 18 | any person who operates an amusement ride or amusement | ||||||
| 19 | attraction without having obtained a permit from the Department | ||||||
| 20 | in violation of this Act is subject to a civil penalty not to | ||||||
| 21 | exceed $2,500 per violation for a first violation and not to | ||||||
| 22 | exceed $5,000 for a second or subsequent violation. | ||||||
| 23 | Prior to any determination, or the imposition of any civil | ||||||
| 24 | penalty, under this subsection (b), the Department shall notify | ||||||
| 25 | the operator in writing of the alleged violation. The | ||||||
| |||||||
| |||||||
| 1 | Department shall afford the operator 10 working days after the | ||||||
| 2 | date of the notice to request a hearing. Upon written request | ||||||
| 3 | of the operator, the Department shall schedule a formal | ||||||
| 4 | administrative hearing in compliance with Article 10 of the | ||||||
| 5 | Illinois Administrative Procedure Act and the Department's | ||||||
| 6 | rules of procedure in administrative hearings, except that | ||||||
| 7 | formal discovery, such as production requests, | ||||||
| 8 | interrogatories, requests to admit, and depositions shall not | ||||||
| 9 | be allowed. The parties shall exchange documents and witness | ||||||
| 10 | lists prior to hearing and may request third party subpoenas to | ||||||
| 11 | be issued. The final determination by the Department of Labor | ||||||
| 12 | shall be rendered within 5 working days after the conclusion of | ||||||
| 13 | the hearing. Final determinations made under this Section are | ||||||
| 14 | subject to the provisions of the Administrative Review Law. In | ||||||
| 15 | determining the amount of a penalty, the Director may consider | ||||||
| 16 | the appropriateness of the penalty to the person or entity | ||||||
| 17 | charged, upon determination of the gravity of the violation. | ||||||
| 18 | The penalties, when finally determined, may be recovered in a | ||||||
| 19 | civil action brought by the Director of Labor in any circuit | ||||||
| 20 | court. In this litigation, the Director of Labor shall be | ||||||
| 21 | represented by the Attorney General. | ||||||
| 22 | (Source: P.A. 98-541, eff. 8-23-13; revised 11-15-13.)
| ||||||
| 23 | Section 620. The Agricultural Production Contract Code is | ||||||
| 24 | amended by changing Section 50 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (505 ILCS 17/50)
| ||||||
| 2 | Sec. 50. Enforcement; offenses; remedies. The Attorney | ||||||
| 3 | General is
primarily
responsible for enforcing this Act.
| ||||||
| 4 | A violation of Section 20, 25, 30, or 35 is a business | ||||||
| 5 | offense
under the Unified Code of Corrections punishable by a | ||||||
| 6 | fine of not more than $10,000 per offense.
| ||||||
| 7 | A producer may recover his or her actual damages for a | ||||||
| 8 | contractor's violation
of
Section 40 or 45 of this Act.
| ||||||
| 9 | (Source: P.A. 93-522, eff. 1-1-05; 93-815, eff. 1-1-05; revised | ||||||
| 10 | 11-14-13.)
| ||||||
| 11 | Section 625. The Illinois AgriFIRST Program Act of 2001 is | ||||||
| 12 | amended by changing Section 5 as follows:
| ||||||
| 13 | (505 ILCS 19/5)
| ||||||
| 14 | Sec. 5. Definitions. In this Act:
| ||||||
| 15 | "Agribusiness" means any sole proprietorship, limited | ||||||
| 16 | partnership,
co-partnership, joint venture,
corporation, or | ||||||
| 17 | cooperative that operates or will operate a facility located
| ||||||
| 18 | within the State of Illinois
that is related to the processing | ||||||
| 19 | of agricultural commodities (including, but
not limited to, the | ||||||
| 20 | products
of aquaculture, hydroponics, and silviculture) or the | ||||||
| 21 | manufacturing,
production, or construction of
agricultural | ||||||
| 22 | buildings, structures, equipment, implements, and supplies, or | ||||||
| 23 | any
other facilities or
processes used in agricultural | ||||||
| 24 | production. "Agribusiness" includes but is not
limited to the | ||||||
| |||||||
| |||||||
| 1 | following:
| ||||||
| 2 | (1) grain handling and processing, including grain | ||||||
| 3 | storage, drying,
treatment, conditioning,
milling, and | ||||||
| 4 | packaging;
| ||||||
| 5 | (2) seed and feed grain development and processing;
| ||||||
| 6 | (3) fruit and vegetable processing, including | ||||||
| 7 | preparation, canning, and
packaging;
| ||||||
| 8 | (4) processing of livestock and livestock products, | ||||||
| 9 | dairy products,
poultry and poultry products,
fish or | ||||||
| 10 | apiarian products, including slaughter, shearing, | ||||||
| 11 | collecting,
preparation, canning, and
packaging;
| ||||||
| 12 | (5) fertilizer and agricultural chemical | ||||||
| 13 | manufacturing, processing,
application and supplying;
| ||||||
| 14 | (6) farm machinery, equipment, and implement | ||||||
| 15 | manufacturing and supplying;
| ||||||
| 16 | (7) manufacturing and supplying of agricultural | ||||||
| 17 | commodity processing
machinery and
equipment, including | ||||||
| 18 | machinery and equipment used in slaughter, treatment,
| ||||||
| 19 | handling, collecting,
preparation, canning, or packaging | ||||||
| 20 | of agricultural commodities;
| ||||||
| 21 | (8) farm building and farm structure manufacturing, | ||||||
| 22 | construction, and
supplying;
| ||||||
| 23 | (9) construction, manufacturing, implementation, | ||||||
| 24 | supplying, or servicing
of irrigation, drainage,
and soil | ||||||
| 25 | and water conservation devices or equipment;
| ||||||
| 26 | (10) fuel processing and development facilities that | ||||||
| |||||||
| |||||||
| 1 | produce fuel from
agricultural commodities
or by-products;
| ||||||
| 2 | (11) facilities and equipment for processing and | ||||||
| 3 | packaging agricultural
commodities
specifically for | ||||||
| 4 | export;
| ||||||
| 5 | (12) facilities and equipment for forestry product | ||||||
| 6 | processing and
supplying, including
sawmilling operations, | ||||||
| 7 | wood chip operations, timber harvesting operations, and
| ||||||
| 8 | manufacturing of
prefabricated buildings, paper, | ||||||
| 9 | furniture, or other goods from forestry
products; and
| ||||||
| 10 | (13) facilities and equipment for research and | ||||||
| 11 | development of products,
processes, and
equipment for the | ||||||
| 12 | production, processing, preparation, or packaging of
| ||||||
| 13 | agricultural commodities and
by-products.
| ||||||
| 14 | "Agricultural facility" means land, any building or other | ||||||
| 15 | improvement on or
to land, and any
personal properties deemed | ||||||
| 16 | necessary or suitable for use, whether or not now in
existence, | ||||||
| 17 | in farming,
ranching, the production of agricultural | ||||||
| 18 | commodities (including, but not
limited to, the products of
| ||||||
| 19 | aquaculture, hydroponics, and silviculture) or the treating, | ||||||
| 20 | processing, or
storing of agricultural
commodities.
| ||||||
| 21 | "Agricultural land" means land suitable for agriculture | ||||||
| 22 | production.
| ||||||
| 23 | "Asset" includes, but is not limited to, the following: | ||||||
| 24 | cash crops or feed on
hand; livestock held for sale; breeding | ||||||
| 25 | stock; marketable bonds
and securities; securities not readily | ||||||
| 26 | marketable; accounts receivable; notes
receivable; cash | ||||||
| |||||||
| |||||||
| 1 | invested in growing crops; net cash value of
life insurance; | ||||||
| 2 | machinery and equipment; cars and trucks; farm and other real
| ||||||
| 3 | estate including life estates and personal
residence; value of | ||||||
| 4 | beneficial interest in trusts;
government payments or grants; | ||||||
| 5 | and any other assets.
| ||||||
| 6 | "Department" means the Department of Agriculture.
| ||||||
| 7 | "Director" means the Director of Agriculture.
| ||||||
| 8 | "Fund" means the Illinois AgriFIRST Program Fund.
| ||||||
| 9 | "Grantee" means the person or entity to whom a grant is | ||||||
| 10 | made to from the
Fund.
| ||||||
| 11 | "Lender" means any federal or State chartered bank, federal | ||||||
| 12 | land bank,
production credit
association, bank for | ||||||
| 13 | cooperatives, federal or state chartered savings and loan
| ||||||
| 14 | association or building
and loan association, small business | ||||||
| 15 | investment company, or any other
institution qualified within | ||||||
| 16 | this
State to originate and service loans, including, but not | ||||||
| 17 | limited to, insurance
companies, credit unions,
and mortgage | ||||||
| 18 | loan companies. "Lender" includes a wholly owned subsidiary of | ||||||
| 19 | a
manufacturer, seller
or distributor of goods or services that | ||||||
| 20 | makes loans to businesses or
individuals, commonly known as a
| ||||||
| 21 | "captive finance company".
| ||||||
| 22 | "Liability" includes, but is not limited to, the following: | ||||||
| 23 | accounts payable;
notes or other indebtedness owed to any | ||||||
| 24 | source; taxes; rent;
amounts owed on real estate contracts or | ||||||
| 25 | real estate mortgages; judgments;
accrued interest payable; | ||||||
| 26 | and any other liability.
| ||||||
| |||||||
| |||||||
| 1 | "Person" means, unless limited to a natural person by the | ||||||
| 2 | context in which it
is used, a person,
corporation, | ||||||
| 3 | association, trust, partnership, limited partnership, joint
| ||||||
| 4 | venture, or cooperative.
| ||||||
| 5 | "State" means the State of Illinois.
| ||||||
| 6 | "Value-added" means the processing, packaging, or | ||||||
| 7 | otherwise enhancing
the value of farm and
agricultural products | ||||||
| 8 | or by-products produced in Illinois.
| ||||||
| 9 | (Source: P.A. 92-346, eff. 8-14-01; revised 9-24-13.)
| ||||||
| 10 | Section 630. The Illinois Fertilizer Act of 1961 is amended | ||||||
| 11 | by changing Sections 3, 4, 6, and 12 as follows:
| ||||||
| 12 | (505 ILCS 80/3) (from Ch. 5, par. 55.3)
| ||||||
| 13 | Sec. 3. Definitions of words and terms. When used in this | ||||||
| 14 | Act unless the context otherwise requires:
| ||||||
| 15 | "AAPFCO" means the Association of American Plant Food | ||||||
| 16 | Control Officials. | ||||||
| 17 | "Adulterated" shall apply to any fertilizer: | ||||||
| 18 | (i) that contains any deleterious or harmful | ||||||
| 19 | substance, defined under the provisions of this Act or its | ||||||
| 20 | rules or regulations, in sufficient amount to render it | ||||||
| 21 | injurious to beneficial plant life, animals, humans, | ||||||
| 22 | aquatic life, soil, or water when applied in accordance | ||||||
| 23 | with directions for use on the label; | ||||||
| 24 | (ii) when its composition falls below or differs from | ||||||
| |||||||
| |||||||
| 1 | that which it is purported to possess by its labeling; | ||||||
| 2 | (iii) that contains unwanted crop seed or weed seed. | ||||||
| 3 | "Anhydrous ammonia" means the compound formed by the | ||||||
| 4 | combination of 2 gaseous elements, nitrogen and hydrogen, in | ||||||
| 5 | the proportion of one part of nitrogen to 3 parts of hydrogen | ||||||
| 6 | (NH3) by volume. Anhydrous ammonia is a fertilizer of ammonia | ||||||
| 7 | gas in compressed and liquified form. It is not aqueous ammonia | ||||||
| 8 | which is a solution of ammonia gas in water and which is | ||||||
| 9 | considered a low-pressure nitrogen solution. | ||||||
| 10 | "Blender" means any entity or system engaged in the | ||||||
| 11 | business of blending fertilizer. This includes both mobile and | ||||||
| 12 | fixed equipment, excluding application equipment, used to | ||||||
| 13 | achieve this function. | ||||||
| 14 | "Blending" means the physical mixing or combining of: one | ||||||
| 15 | or more fertilizer materials and one or more filler materials; | ||||||
| 16 | 2 or more fertilizer materials; 2 or more fertilizer materials | ||||||
| 17 | and filler materials, including mixing through the | ||||||
| 18 | simultaneous or sequential application of any of the outlined | ||||||
| 19 | combinations listed in this definition, to produce a uniform | ||||||
| 20 | mixture. | ||||||
| 21 | "Brand" means a term, design, or trademark used in | ||||||
| 22 | connection with one or several grades of fertilizers. | ||||||
| 23 | "Bulk" means any fertilizer distributed in a single | ||||||
| 24 | container greater than 100 pounds. | ||||||
| 25 | "Consumer or end user" means the final purchaser prior to | ||||||
| 26 | application. | ||||||
| |||||||
| |||||||
| 1 | "Custom blend" means a fertilizer blended according to | ||||||
| 2 | specifications provided to a blender in a soil test nutrient | ||||||
| 3 | recommendation or to meet the specific consumer request prior | ||||||
| 4 | to blending.
| ||||||
| 5 | "Custom blender" means any entity who produces and sells
| ||||||
| 6 | custom blended fertilizers.
| ||||||
| 7 | "Deficiency" means the amount of nutrient found by analysis | ||||||
| 8 | less than that guaranteed that may result from a lack of | ||||||
| 9 | nutrient ingredients or from lack of uniformity. | ||||||
| 10 | "Department" means the Illinois Department of Agriculture. | ||||||
| 11 | "Department rules or regulations" means any rule or | ||||||
| 12 | regulation implemented by the Department as authorized under | ||||||
| 13 | Section 14 of this Act. | ||||||
| 14 | "Director" means the Director of Agriculture or a duly | ||||||
| 15 | authorized representative. | ||||||
| 16 | "Distribute" means to import, consign, manufacture, | ||||||
| 17 | produce, store, transport, custom blend, compound, or blend | ||||||
| 18 | fertilizer or to transfer from one container to another for the | ||||||
| 19 | purpose of selling, giving away, bartering, or otherwise | ||||||
| 20 | supplying fertilizer in this State. | ||||||
| 21 | "Distributor" means any entity that who distributes | ||||||
| 22 | fertilizer. | ||||||
| 23 | "Entity" means any individual, partnership, association, | ||||||
| 24 | firm, or corporation. | ||||||
| 25 | "Fertilizer" means any substance containing one or more of | ||||||
| 26 | the recognized plant nutrient nitrogen, phosphate, potash, or | ||||||
| |||||||
| |||||||
| 1 | those defined under 8 Ill. Adm. Code 210.20 that is used for | ||||||
| 2 | its plant nutrient content and that is designed for use or | ||||||
| 3 | claimed to have value in promoting plant growth, except | ||||||
| 4 | unmanipulated animal and vegetable manures, sea solids, marl, | ||||||
| 5 | lime, limestone, wood ashes, and other products exempted by | ||||||
| 6 | regulation by the Director. | ||||||
| 7 | "Fertilizer material" means a fertilizer that either: | ||||||
| 8 | (A) contains important quantities of no more than one | ||||||
| 9 | of the primary plant nutrients: nitrogen (N), phosphate | ||||||
| 10 | (P2O5), and potash (K2O); | ||||||
| 11 | (B) has 85% or more of its plant nutrient content | ||||||
| 12 | present in the form of a single chemical compound; or | ||||||
| 13 | (C) is derived from a plant or animal residue or | ||||||
| 14 | by-product or natural material deposit that has been | ||||||
| 15 | processed in such a way that its content of plant nutrients | ||||||
| 16 | has not been materially changed except by purification and | ||||||
| 17 | concentration.
| ||||||
| 18 | "Grade" means the minimum percentage of total nitrogen,
| ||||||
| 19 | available phosphate (P2O5), and soluble potash (K2O) stated in | ||||||
| 20 | the whole numbers in the same terms, order, and percentages as | ||||||
| 21 | in the guaranteed analysis, provided that specialty | ||||||
| 22 | fertilizers may be guaranteed in fractional units of less than | ||||||
| 23 | 1% of total nitrogen, available phosphate, and soluble potash | ||||||
| 24 | and that fertilizer materials, bone meal, manures, and similar | ||||||
| 25 | materials may be guaranteed in fractional units.
| ||||||
| 26 | "Guaranteed analysis" means the minimum percentages of | ||||||
| |||||||
| |||||||
| 1 | plant nutrients claimed in the following order and form: | ||||||
| 2 | A. Total Nitrogen (N)...............................% | ||||||
| 3 | Available Phosphate (P2O5).......................% | ||||||
| 4 | Soluble Potash (K2O).............................% | ||||||
| 5 | B. For unacidulated mineral phosphatic materials and | ||||||
| 6 | basic slag, both total and available phosphate and the | ||||||
| 7 | degree of fineness. For bone, tankage, and other organic | ||||||
| 8 | phosphatic materials, total phosphate. | ||||||
| 9 | C. Guarantees for plant nutrients other than nitrogen, | ||||||
| 10 | phosphate, and potash may be permitted or required by | ||||||
| 11 | regulation by the Director. The guarantees for such other | ||||||
| 12 | nutrients shall be expressed in the form of the element. | ||||||
| 13 | "Investigational allowance" means an allowance for | ||||||
| 14 | variations inherent in the taking, preparation, and analysis of | ||||||
| 15 | an official sample of fertilizer. | ||||||
| 16 | "Label" means the display of all written, printed, or | ||||||
| 17 | graphic matter upon the immediate container or a statement | ||||||
| 18 | accompanying a fertilizer. | ||||||
| 19 | "Labeling" means all (i) written, printed, or graphic | ||||||
| 20 | matter upon or accompanying any fertilizer or (ii) | ||||||
| 21 | advertisements, Internet, brochures, posters, and television | ||||||
| 22 | and radio announcements used in promoting the sale of | ||||||
| 23 | fertilizer. | ||||||
| 24 | "Lot" means an identifiable quantity of fertilizer that can | ||||||
| 25 | be sampled according to AOAC International procedures, such as | ||||||
| 26 | the amount contained in a single vehicle, the amount delivered | ||||||
| |||||||
| |||||||
| 1 | under a single invoice, or in the case of bagged fertilizer, | ||||||
| 2 | not more than 25 tons.
| ||||||
| 3 | "Low-pressure nitrogen solution" means a solution | ||||||
| 4 | containing
2 per cent or more by weight of free ammonia and/or | ||||||
| 5 | having vapor pressure
of 5 pounds or more per square inch gauge | ||||||
| 6 | at 104 degrees Fahrenheit 104° F.
| ||||||
| 7 | "Misbranded" shall apply to any fertilizer: | ||||||
| 8 | (i) with labeling that is false or misleading in any | ||||||
| 9 | particular; | ||||||
| 10 | (ii) that is distributed under the name of another | ||||||
| 11 | fertilizer product; | ||||||
| 12 | (iii) that is not labeled as required by this Act or | ||||||
| 13 | its rules; or | ||||||
| 14 | (iv) that which purports to be or is represented as a | ||||||
| 15 | fertilizer, or is represented as containing a plant | ||||||
| 16 | nutrient or fertilizer unless such plant nutrient or | ||||||
| 17 | fertilizer conforms to the definition of identity, if any, | ||||||
| 18 | prescribed by regulation. | ||||||
| 19 | "Mixed fertilizer" means any combination or mixture of | ||||||
| 20 | fertilizer materials designed for use or claimed to have value | ||||||
| 21 | in promoting plant growth. | ||||||
| 22 | "NREC" means the Nutrient Research and Education Council. | ||||||
| 23 | "Official sample" means any sample of fertilizer taken by | ||||||
| 24 | the Director or his or her agent and designated as official by | ||||||
| 25 | the Director. | ||||||
| 26 | "Per cent" or "percentage" means the percentage by
weight. | ||||||
| |||||||
| |||||||
| 1 | "Registrant" means the entity that who registers
| ||||||
| 2 | fertilizer and obtains a license under the provisions of this | ||||||
| 3 | Act. | ||||||
| 4 | "Specialty fertilizer" means a fertilizer distributed | ||||||
| 5 | primarily for nonfarm use, such as home gardens, lawns, | ||||||
| 6 | shrubbery, flowers, golf courses, municipal parks, cemeteries, | ||||||
| 7 | green houses and nurseries, and may include fertilizer used for | ||||||
| 8 | research or experimental purposes. | ||||||
| 9 | "Ton" means a net weight of 2,000 pounds avoirdupois. | ||||||
| 10 | "Unit" means 20 pounds or 1% of a ton of plant nutrient.
| ||||||
| 11 | (Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)
| ||||||
| 12 | (505 ILCS 80/4) (from Ch. 5, par. 55.4)
| ||||||
| 13 | Sec. 4. License and product registration.
| ||||||
| 14 | (a) Each brand and grade of fertilizer shall be registered | ||||||
| 15 | by the entity whose name appears upon the label
before being | ||||||
| 16 | distributed in this State. The application for registration
| ||||||
| 17 | shall be submitted with a label or facsimile of same to the | ||||||
| 18 | Director on
forms furnished by the Director, and shall be | ||||||
| 19 | accompanied by a fee of $20 per
grade within a brand. Upon | ||||||
| 20 | approval by the Director a copy of the
registration shall be | ||||||
| 21 | furnished to the applicant. All registrations expire
on | ||||||
| 22 | December 31 of each year.
| ||||||
| 23 | The application shall include the following information:
| ||||||
| 24 | (1) The net weight
| ||||||
| 25 | (2) The brand and grade
| ||||||
| |||||||
| |||||||
| 1 | (3) The guaranteed analysis
| ||||||
| 2 | (4) The name and address of the registrant.
| ||||||
| 3 | (a-5) No entity whose name appears on the label shall | ||||||
| 4 | distribute a fertilizer in the State unless the entity has | ||||||
| 5 | secured a license under this Act on forms provided by the | ||||||
| 6 | Director. The license application shall be accompanied by a fee | ||||||
| 7 | of $100. Entities that who store anhydrous ammonia as a | ||||||
| 8 | fertilizer, store bulk fertilizer, or custom blend a fertilizer | ||||||
| 9 | at more than one site under the same entity's name shall list | ||||||
| 10 | any and all additional sites with a complete address for each | ||||||
| 11 | site and remit a license fee of $50 for each site identified. | ||||||
| 12 | Entities performing lawn care applications for hire are exempt | ||||||
| 13 | from obtaining a license under this Act. All licenses expire on | ||||||
| 14 | December 31 of each year. | ||||||
| 15 | (b) A distributor shall not be required to register any | ||||||
| 16 | brand of
fertilizer or a custom blend which is already | ||||||
| 17 | registered under this
Act by another entity.
| ||||||
| 18 | (c) The plant nutrient content of each and every fertilizer
| ||||||
| 19 | must remain uniform for the period of registration and, in no | ||||||
| 20 | case, shall
the percentage of any guaranteed plant nutrient | ||||||
| 21 | element be changed in such
a manner that the crop-producing | ||||||
| 22 | quality of the fertilizer is
lowered.
| ||||||
| 23 | (d) (Blank).
| ||||||
| 24 | (e) A custom blend, as defined in Section 3, prepared for | ||||||
| 25 | one consumer or end user
shall not be co-mingled with the | ||||||
| 26 | custom blended fertilizer prepared for
another consumer or end | ||||||
| |||||||
| |||||||
| 1 | user.
| ||||||
| 2 | (f) All fees collected pursuant to this Section shall be | ||||||
| 3 | paid to the Fertilizer Control Fund for activities related to | ||||||
| 4 | the administration and enforcement of this Act.
| ||||||
| 5 | (Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)
| ||||||
| 6 | (505 ILCS 80/6) (from Ch. 5, par. 55.6)
| ||||||
| 7 | Sec. 6. Inspection fees.
| ||||||
| 8 | (a) There shall be paid to the Director for all fertilizers
| ||||||
| 9 | distributed in this State an inspection fee at the rate of
25¢ | ||||||
| 10 | per ton with a minimum inspection fee of $15. Sales or | ||||||
| 11 | exchanges between registrants are
hereby
exempted from the | ||||||
| 12 | inspection fee.
| ||||||
| 13 | On individual packages of
fertilizers containing 5 pounds | ||||||
| 14 | or less, or if in liquid form containers of
4,000 cubic | ||||||
| 15 | centimeters or less, there shall be paid instead of the
25¢ per | ||||||
| 16 | ton inspection fee, an annual inspection fee of $50 for
each
| ||||||
| 17 | grade within a brand sold or distributed. Where an entity sells | ||||||
| 18 | fertilizers in packages of 5 pounds or less, or
4,000 cubic | ||||||
| 19 | centimeters or less if in liquid form, and also sells in larger
| ||||||
| 20 | packages than 5 pounds or liquid containers larger than 4,000 | ||||||
| 21 | cubic
centimeters, this annual inspection fee of $50 applies | ||||||
| 22 | only to that portion
sold in packages of 5 pounds or less or | ||||||
| 23 | 4,000 cubic centimeters or less,
and that portion sold in | ||||||
| 24 | larger packages or containers shall be subject to
the same | ||||||
| 25 | inspection fee of 25¢ per ton as provided in this Act.
| ||||||
| |||||||
| |||||||
| 1 | (b) Every entity that who distributes a fertilizer, custom | ||||||
| 2 | blend, or speciality fertilizer
in this State shall file with | ||||||
| 3 | the Director, on forms furnished by the
Director, a semi-annual | ||||||
| 4 | statement for the periods ending June 30 and
December 31, | ||||||
| 5 | setting forth the number of net tons of each grade of
| ||||||
| 6 | fertilizers within a brand or the net tons of custom blend
| ||||||
| 7 | distributed. The report shall be due on or before the 30th day | ||||||
| 8 | of the month
following the close of each semi-annual period and | ||||||
| 9 | upon the statement
shall pay the inspection fee at the rate | ||||||
| 10 | stated in paragraph (a) of this
Section.
| ||||||
| 11 | If the tonnage report is not filed and the payment of | ||||||
| 12 | inspection fee is
not made within 30 days after the end of the | ||||||
| 13 | semi-annual period, a
collection fee amounting to 15% (minimum | ||||||
| 14 | $15) of the amount shall be
assessed against the registrant. | ||||||
| 15 | The amount of fees due shall
constitute a debt and become the | ||||||
| 16 | basis of a judgment against the
registrant. Upon the written | ||||||
| 17 | request to the Director additional time may be
granted past the | ||||||
| 18 | normal date of filing the semi-annual statement.
| ||||||
| 19 | (c) When more than one entity is involved in the | ||||||
| 20 | distribution of a
fertilizer, the last registrant who | ||||||
| 21 | distributes to the consumer or end user end-user is responsible | ||||||
| 22 | for reporting the
tonnage and paying the inspection fee.
| ||||||
| 23 | (d) All fees collected under this Section shall be paid to | ||||||
| 24 | the Fertilizer Control Fund for activities related to the | ||||||
| 25 | administration and enforcement of this Act. | ||||||
| 26 | (Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)
| ||||||
| |||||||
| |||||||
| 1 | (505 ILCS 80/12) (from Ch. 5, par. 55.12)
| ||||||
| 2 | Sec. 12. Tonnage reports; records. | ||||||
| 3 | (a) Any entity distributing fertilizer to a consumer or end | ||||||
| 4 | user end-user in this State shall provide the Director with a | ||||||
| 5 | summary report on or before the 10th day of each month covering | ||||||
| 6 | the shipments made during the preceding month of tonnage on a | ||||||
| 7 | form, provided by the Director, for that purpose.
| ||||||
| 8 | Specialty fertilizer sold in packages weighing 5
pounds or | ||||||
| 9 | less or in container of 4000 cubic centimeters or less, shall
| ||||||
| 10 | be reported but no inspection fee will be charged. No | ||||||
| 11 | information
furnished under this Section shall be disclosed by | ||||||
| 12 | the Department in
such a way as to divulge the operation of any | ||||||
| 13 | entity.
| ||||||
| 14 | (b) Each entity location engaged in the sale of ammonium | ||||||
| 15 | nitrate shall obtain the following information upon its | ||||||
| 16 | distribution:
| ||||||
| 17 | (1) the date of distribution;
| ||||||
| 18 | (2) the quantity purchased;
| ||||||
| 19 | (3) the license number of the purchaser's valid State | ||||||
| 20 | or federal driver's license, or an equivalent number taken | ||||||
| 21 | from another form of picture identification approved for | ||||||
| 22 | purchaser identification by the Director; and
| ||||||
| 23 | (4) the purchaser's name, current physical address, | ||||||
| 24 | and telephone number.
| ||||||
| 25 | Any retailer of ammonium nitrate may refuse to sell | ||||||
| |||||||
| |||||||
| 1 | ammonium nitrate to any person attempting to purchase ammonium | ||||||
| 2 | nitrate (i) out of season, (ii) in unusual quantities, or (iii) | ||||||
| 3 | under suspect purchase patterns.
| ||||||
| 4 | (c) Records created under subsection (b) of this Section | ||||||
| 5 | shall be maintained for a minimum of 2 years. Such records | ||||||
| 6 | shall be available for inspection, copying, and audit by the | ||||||
| 7 | Department as provided under this Act.
| ||||||
| 8 | (Source: P.A. 97-960, eff. 8-15-12; revised 11-18-13.)
| ||||||
| 9 | Section 635. The Animal Control Act is amended by changing | ||||||
| 10 | Section 2 as follows:
| ||||||
| 11 | (510 ILCS 5/2) (from Ch. 8, par. 352)
| ||||||
| 12 | Sec. 2.
As used in this Act, unless the context otherwise | ||||||
| 13 | requires, the terms
specified in the Sections following this | ||||||
| 14 | Section and preceding Section 3 Sections 2.01 through 2.19 have | ||||||
| 15 | the meanings ascribed to them
in those Sections.
| ||||||
| 16 | (Source: P.A. 78-795; revised 11-18-13.)
| ||||||
| 17 | Section 640. The Bees and Apiaries Act is amended by | ||||||
| 18 | changing Section 2-1 as follows:
| ||||||
| 19 | (510 ILCS 20/2-1)
| ||||||
| 20 | Sec. 2-1. Nuisances. All bees, colonies, or items of bee | ||||||
| 21 | equipment, where
bee diseases, bee parasites or exotic strains | ||||||
| 22 | of bees exist; or hives that
cannot be readily inspected; or | ||||||
| |||||||
| |||||||
| 1 | colonies that are not registered, are declared
to be nuisances | ||||||
| 2 | to be regulated as prescribed by the Department.
| ||||||
| 3 | If the Department finds by inspection that any person is | ||||||
| 4 | maintaining a
nuisance as described in this Section, it shall | ||||||
| 5 | proceed to regulate the
nuisance by methods or procedures | ||||||
| 6 | deemed necessary for control in accordance
with rules and | ||||||
| 7 | regulations of the Department.
| ||||||
| 8 | If the owner or beekeeper cannot be found or will not | ||||||
| 9 | consent to the terms
for regulation of the nuisance, the | ||||||
| 10 | Department shall notify in writing the
owner or beekeeper, | ||||||
| 11 | disclose the fact that a nuisance exists, exits and prescribe
| ||||||
| 12 | the method by which the nuisance may be abated. The notice | ||||||
| 13 | declaring that a
nuisance exists and ordering its abatement | ||||||
| 14 | shall include:
| ||||||
| 15 | (1) a statement of conditions constituting the | ||||||
| 16 | nuisance;
| ||||||
| 17 | (2) establishment of the time period within which the | ||||||
| 18 | nuisance is to be
abated;
| ||||||
| 19 | (3) directions, written or printed, pointing out the | ||||||
| 20 | methods that shall be
employed to abate the nuisance;
| ||||||
| 21 | (4) a statement of the consequences should the owner or | ||||||
| 22 | beekeeper fail to
comply.
| ||||||
| 23 | The notice may be served personally or by certified mail | ||||||
| 24 | with a return
receipt requested. The directions for abatement | ||||||
| 25 | of a nuisance may consist of
a printed circular, bulletin or | ||||||
| 26 | report of the Department, the United States
Department of | ||||||
| |||||||
| |||||||
| 1 | Agriculture or others, or an extract from such document.
| ||||||
| 2 | If the person so notified refuses or fails to abate the | ||||||
| 3 | nuisance in the
manner and in the time prescribed in the | ||||||
| 4 | notice, the Department may cause the
nuisance to be abated. The | ||||||
| 5 | Department shall certify, to the owner or
beekeeper, the cost | ||||||
| 6 | of the abatement. The owner or beekeeper shall pay to the
| ||||||
| 7 | Department any costs of that action, within 60 days after | ||||||
| 8 | certification that
the nuisance has been abated. If the costs | ||||||
| 9 | of abatement are not remitted, the
Department may recover the | ||||||
| 10 | costs before any court in the State having competent
| ||||||
| 11 | jurisdiction.
| ||||||
| 12 | (Source: P.A. 88-138; revised 11-19-13.)
| ||||||
| 13 | Section 645. The Wildlife Code is amended by changing | ||||||
| 14 | Sections 1.2 and 2.33 as follows:
| ||||||
| 15 | (520 ILCS 5/1.2) (from Ch. 61, par. 1.2)
| ||||||
| 16 | Sec. 1.2.
This Act shall be administered by and under the | ||||||
| 17 | direction
of the Department of Natural Resources. As used in | ||||||
| 18 | this
Act, unless the context otherwise requires, the terms | ||||||
| 19 | specified in the Sections following this Section and preceding | ||||||
| 20 | Section 1.3 Sections
1.2a through 1.2t have the meanings | ||||||
| 21 | ascribed to them in those Sections.
| ||||||
| 22 | (Source: P.A. 89-445, eff. 2-7-96; revised 11-19-13.)
| ||||||
| 23 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 2.33. Prohibitions.
| ||||||
| 2 | (a) It is unlawful to carry or possess any gun in any
State | ||||||
| 3 | refuge unless otherwise permitted by administrative rule.
| ||||||
| 4 | (b) It is unlawful to use or possess any snare or | ||||||
| 5 | snare-like device,
deadfall, net, or pit trap to take any | ||||||
| 6 | species, except that snares not
powered by springs or other | ||||||
| 7 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||
| 8 | water sets only, if at least one-half of the snare
noose is | ||||||
| 9 | located underwater at all times.
| ||||||
| 10 | (c) It is unlawful for any person at any time to take a | ||||||
| 11 | wild mammal
protected by this Act from its den by means of any | ||||||
| 12 | mechanical device,
spade, or digging device or to use smoke or | ||||||
| 13 | other gases to dislodge or
remove such mammal except as | ||||||
| 14 | provided in Section 2.37.
| ||||||
| 15 | (d) It is unlawful to use a ferret or any other small | ||||||
| 16 | mammal which is
used in the same or similar manner for which | ||||||
| 17 | ferrets are used for the
purpose of frightening or driving any | ||||||
| 18 | mammals from their dens or hiding places.
| ||||||
| 19 | (e) (Blank).
| ||||||
| 20 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
| 21 | device to
take any species protected by this Act.
| ||||||
| 22 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
| 23 | for the
purpose of taking any species protected by this Act.
| ||||||
| 24 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
| 25 | grass,
brush or other inflammable substance when it is burning.
| ||||||
| 26 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
| |||||||
| |||||||
| 1 | or disturb
in any manner any wild birds or mammals by use or | ||||||
| 2 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
| 3 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
| 4 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
| 5 | any light from or any light connected to the
vehicle or | ||||||
| 6 | conveyance in any area where wildlife may be found except in
| ||||||
| 7 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
| 8 | this
Section shall prohibit the normal use of headlamps for the | ||||||
| 9 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
| 10 | fox, gray
fox, raccoon and coyote may be taken during the open | ||||||
| 11 | season by use of a small
light which is worn on the body or | ||||||
| 12 | hand-held by a person on foot and not in any
vehicle.
| ||||||
| 13 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
| 14 | while
taking or attempting to take any of the species protected | ||||||
| 15 | by this Act.
| ||||||
| 16 | (k) It is unlawful to use or possess in the field any | ||||||
| 17 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
| 18 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
| 19 | species of wild game mammals (excluding white-tailed
deer), | ||||||
| 20 | wild game birds, migratory waterfowl or migratory game birds | ||||||
| 21 | protected
by this Act, except white-tailed deer as provided for | ||||||
| 22 | in Section 2.26 and other
species as provided for by subsection | ||||||
| 23 | (l) or administrative rule.
| ||||||
| 24 | (l) It is unlawful to take any species of wild game, except
| ||||||
| 25 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
| 26 | loaded with slugs unless otherwise
provided for by | ||||||
| |||||||
| |||||||
| 1 | administrative rule.
| ||||||
| 2 | (m) It is unlawful to use any shotgun capable of holding | ||||||
| 3 | more than 3
shells in the magazine or chamber combined, except | ||||||
| 4 | on game breeding and
hunting preserve areas licensed under | ||||||
| 5 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
| 6 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
| 7 | capable of holding more than 3 shells, it shall, while being | ||||||
| 8 | used on an
area other than a game breeding and shooting | ||||||
| 9 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
| 10 | a one piece plug that is
irremovable without dismantling the | ||||||
| 11 | shotgun or otherwise altered to
render it incapable of holding | ||||||
| 12 | more than 3 shells in the magazine and
chamber, combined.
| ||||||
| 13 | (n) It is unlawful for any person, except persons who | ||||||
| 14 | possess a permit to
hunt from a vehicle as provided in this | ||||||
| 15 | Section and persons otherwise permitted
by law, to have or | ||||||
| 16 | carry any gun in or on any vehicle, conveyance or aircraft,
| ||||||
| 17 | unless such gun is unloaded and enclosed in a case, except that | ||||||
| 18 | at field trials
authorized by Section 2.34 of this Act, | ||||||
| 19 | unloaded guns or guns loaded with blank
cartridges only, may be | ||||||
| 20 | carried on horseback while not contained in a case, or
to have | ||||||
| 21 | or carry any bow or arrow device in or on any vehicle unless | ||||||
| 22 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
| 23 | otherwise made
inoperable.
| ||||||
| 24 | (o) It is unlawful to use any crossbow for the purpose of | ||||||
| 25 | taking any
wild birds or mammals, except as provided for in | ||||||
| 26 | Section 2.5.
| ||||||
| |||||||
| |||||||
| 1 | (p) It is unlawful to take game birds, migratory game birds | ||||||
| 2 | or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
| 3 | airgun.
| ||||||
| 4 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
| 5 | airgun on,
over or into any waters of this State, including | ||||||
| 6 | frozen waters.
| ||||||
| 7 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
| 8 | device
along, upon, across, or from any public right-of-way or | ||||||
| 9 | highway in this State.
| ||||||
| 10 | (s) It is unlawful to use a silencer or other device to | ||||||
| 11 | muffle or
mute the sound of the explosion or report resulting | ||||||
| 12 | from the firing of
any gun.
| ||||||
| 13 | (t) It is unlawful for any person to take or attempt to | ||||||
| 14 | take any species of wildlife or parts thereof, intentionally or | ||||||
| 15 | wantonly allow a dog to
hunt, within or upon the land of | ||||||
| 16 | another, or upon waters flowing over or
standing on the land of | ||||||
| 17 | another, or to knowingly shoot a gun or bow and arrow device at | ||||||
| 18 | any wildlife physically on or flying over the property of | ||||||
| 19 | another without first obtaining permission from
the owner or | ||||||
| 20 | the owner's designee. For the purposes of this Section, the | ||||||
| 21 | owner's designee means anyone who the owner designates in a | ||||||
| 22 | written authorization and the authorization must contain (i) | ||||||
| 23 | the legal or common description of property for such authority | ||||||
| 24 | is given, (ii) the extent that the owner's designee is | ||||||
| 25 | authorized to make decisions regarding who is allowed to take | ||||||
| 26 | or attempt to take any species of wildlife or parts thereof, | ||||||
| |||||||
| |||||||
| 1 | and (iii) the owner's notarized signature. Before enforcing | ||||||
| 2 | this
Section the law enforcement officer must have received | ||||||
| 3 | notice from the
owner or the owner's designee of a violation of | ||||||
| 4 | this Section. Statements made to the
law enforcement officer | ||||||
| 5 | regarding this notice shall not be rendered
inadmissible by the | ||||||
| 6 | hearsay rule when offered for the purpose of showing the
| ||||||
| 7 | required notice.
| ||||||
| 8 | (u) It is unlawful for any person to discharge any firearm | ||||||
| 9 | for the purpose
of taking any of the species protected by this | ||||||
| 10 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
| 11 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
| 12 | without
first obtaining permission from the owner or tenant, | ||||||
| 13 | except that while
trapping, hunting with bow and arrow, hunting | ||||||
| 14 | with dog and shotgun using shot
shells only, or hunting with | ||||||
| 15 | shotgun using shot shells only, or
on licensed game breeding | ||||||
| 16 | and hunting preserve areas, as defined in Section
3.27, on | ||||||
| 17 | property operated under a Migratory Waterfowl Hunting Area | ||||||
| 18 | Permit, on
federally owned and managed lands and on Department | ||||||
| 19 | owned, managed, leased or
controlled lands, a 100 yard | ||||||
| 20 | restriction shall apply.
| ||||||
| 21 | (v) It is unlawful for any person to remove fur-bearing | ||||||
| 22 | mammals from, or
to move or disturb in any manner, the traps | ||||||
| 23 | owned by another person without
written authorization of the | ||||||
| 24 | owner to do so.
| ||||||
| 25 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
| 26 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
| |||||||
| |||||||
| 1 | except that nothing in this Section shall prohibit the tracking | ||||||
| 2 | of wounded deer with a dog in accordance with the provisions of | ||||||
| 3 | Section 2.26 of this Code.
| ||||||
| 4 | (x) It is unlawful for any person to wantonly or carelessly | ||||||
| 5 | injure
or destroy, in any manner whatsoever, any real or | ||||||
| 6 | personal property on
the land of another while engaged in | ||||||
| 7 | hunting or trapping thereon.
| ||||||
| 8 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
| 9 | between one
half hour after sunset and one half hour before | ||||||
| 10 | sunrise, except that
hunting hours between one half hour after | ||||||
| 11 | sunset and one half hour
before sunrise may be established by | ||||||
| 12 | administrative rule for fur-bearing
mammals.
| ||||||
| 13 | (z) It is unlawful to take any game bird (excluding wild | ||||||
| 14 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
| 15 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
| 16 | Nothing in this Section shall prohibit
a person from carrying | ||||||
| 17 | an uncased, unloaded shotgun in a boat, while in pursuit
of a | ||||||
| 18 | crippled migratory waterfowl that is incapable of normal | ||||||
| 19 | flight, for the
purpose of attempting to reduce the migratory | ||||||
| 20 | waterfowl to possession, provided
that the attempt is made | ||||||
| 21 | immediately upon downing the migratory waterfowl and
is done | ||||||
| 22 | within 400 yards of the blind from which the migratory | ||||||
| 23 | waterfowl was
downed. This exception shall apply only to | ||||||
| 24 | migratory game birds that are not
capable of normal flight. | ||||||
| 25 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
| 26 | shotgun as regulated by subsection (j) of this Section using
| ||||||
| |||||||
| |||||||
| 1 | shotgun shells as regulated in subsection (k) of this Section.
| ||||||
| 2 | (aa) It is unlawful to use or possess any device that may | ||||||
| 3 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
| 4 | mammals, excluding coyotes.
| ||||||
| 5 | (bb) It is unlawful for any person, except licensed game | ||||||
| 6 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
| 7 | possess alive in this
State any species of wildlife taken | ||||||
| 8 | outside of this State, without
obtaining permission to do so | ||||||
| 9 | from the Director.
| ||||||
| 10 | (cc) It is unlawful for any person to have in his or her
| ||||||
| 11 | possession any freshly killed species protected by this Act | ||||||
| 12 | during the season
closed for taking.
| ||||||
| 13 | (dd) It is unlawful to take any species protected by this | ||||||
| 14 | Act and retain
it alive except as provided by administrative | ||||||
| 15 | rule.
| ||||||
| 16 | (ee) It is unlawful to possess any rifle while in the field | ||||||
| 17 | during gun
deer season except as provided in Section 2.26 and | ||||||
| 18 | administrative rules.
| ||||||
| 19 | (ff) It is unlawful for any person to take any species | ||||||
| 20 | protected by
this Act, except migratory waterfowl, during the | ||||||
| 21 | gun deer hunting season in
those counties open to gun deer | ||||||
| 22 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
| 23 | upper outer garment of a solid blaze orange color, with
such | ||||||
| 24 | articles of clothing displaying a minimum of 400 square inches | ||||||
| 25 | of
blaze orange material.
| ||||||
| 26 | (gg) It is unlawful during the upland game season for any | ||||||
| |||||||
| |||||||
| 1 | person to take
upland game with a firearm unless he or she | ||||||
| 2 | wears, while in the field, a
cap of solid blaze orange color. | ||||||
| 3 | For purposes of this Act, upland game is
defined as Bobwhite | ||||||
| 4 | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| ||||||
| 5 | Cottontail and Swamp Rabbit.
| ||||||
| 6 | (hh) It shall be unlawful to kill or cripple any species | ||||||
| 7 | protected by
this Act for which there is a bag limit without | ||||||
| 8 | making a reasonable
effort to retrieve such species and include | ||||||
| 9 | such in the bag limit. It shall be unlawful for any person | ||||||
| 10 | having control over harvested game mammals, game birds, or | ||||||
| 11 | migratory game birds for which there is a bag limit to wantonly | ||||||
| 12 | waste or destroy the usable meat of the game, except this shall | ||||||
| 13 | not apply to wildlife taken under Sections 2.37 or 3.22 of this | ||||||
| 14 | Code. For purposes of this subsection, "usable meat" means the | ||||||
| 15 | breast meat of a game bird or migratory game bird and the hind | ||||||
| 16 | ham and front shoulders of a game mammal. It shall be unlawful | ||||||
| 17 | for any person to place, leave, dump, or abandon a wildlife | ||||||
| 18 | carcass or parts of it along or upon a public right-of-way or | ||||||
| 19 | highway or on public or private property, including a waterway | ||||||
| 20 | or stream, without the permission of the owner or tenant. It | ||||||
| 21 | shall not be unlawful to discard game meat that is determined | ||||||
| 22 | to be unfit for human consumption.
| ||||||
| 23 | (ii) This Section shall apply only to those species | ||||||
| 24 | protected by this
Act taken within the State. Any species or | ||||||
| 25 | any parts thereof, legally taken
in and transported from other | ||||||
| 26 | states or countries, may be possessed
within the State, except | ||||||
| |||||||
| |||||||
| 1 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| ||||||
| 2 | (jj) (Blank).
| ||||||
| 3 | (kk) Nothing contained in this Section shall prohibit the | ||||||
| 4 | Director
from issuing permits to paraplegics or to other | ||||||
| 5 | disabled persons who meet the
requirements set forth in | ||||||
| 6 | administrative rule to shoot or hunt from a vehicle
as provided | ||||||
| 7 | by that rule, provided that such is otherwise in accord with | ||||||
| 8 | this
Act.
| ||||||
| 9 | (ll) Nothing contained in this Act shall prohibit the | ||||||
| 10 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
| 11 | Code or birds and mammals
protected by this Act, except deer | ||||||
| 12 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
| 13 | disguised to alter its identity or to further provide a place
| ||||||
| 14 | of concealment and not propelled by sail or mechanical power. | ||||||
| 15 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
| 16 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
| 17 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
| 18 | used to take species protected by this Act.
| ||||||
| 19 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
| 20 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
| 21 | gauge, with a rifled barrel.
| ||||||
| 22 | (nn) It shall be unlawful to possess any species of | ||||||
| 23 | wildlife or wildlife parts taken unlawfully in Illinois, any | ||||||
| 24 | other state, or any other country, whether or not the wildlife | ||||||
| 25 | or wildlife parts is indigenous to Illinois. For the purposes | ||||||
| 26 | of this subsection, the statute of limitations for unlawful | ||||||
| |||||||
| |||||||
| 1 | possession of wildlife or wildlife parts shall not cease until | ||||||
| 2 | 2 years after the possession has permanently ended. | ||||||
| 3 | (Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12; | ||||||
| 4 | 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14; | ||||||
| 5 | 98-290, eff. 8-9-13; revised 9-24-13.)
| ||||||
| 6 | Section 650. The Open Space Lands Acquisition and | ||||||
| 7 | Development Act is amended by changing Section 3 as follows:
| ||||||
| 8 | (525 ILCS 35/3) (from Ch. 85, par. 2103)
| ||||||
| 9 | Sec. 3. From appropriations made from the Capital | ||||||
| 10 | Development Fund,
Build Illinois Bond Fund or other
available | ||||||
| 11 | or designated funds for such
purposes, the Department shall | ||||||
| 12 | make grants to local governments as
financial assistance for | ||||||
| 13 | the capital
development and improvement of park, recreation or | ||||||
| 14 | conservation
areas, marinas and shorelines, including planning | ||||||
| 15 | and engineering costs, and for the
acquisition of open space | ||||||
| 16 | lands, including
acquisition of easements and other property | ||||||
| 17 | interests less than fee simple
ownership if the Department | ||||||
| 18 | determines that such property
interests are sufficient to carry | ||||||
| 19 | out the purposes of this Act, subject to
the conditions and | ||||||
| 20 | limitations set forth in this Act.
| ||||||
| 21 | No more than 10% of the amount so appropriated for any | ||||||
| 22 | fiscal year may
be committed or expended on any one project | ||||||
| 23 | described in an application
under this Act.
| ||||||
| 24 | Any grant under this Act to a local government shall be | ||||||
| |||||||
| |||||||
| 1 | conditioned upon
the state providing assistance on a 50/50 | ||||||
| 2 | matching basis for the acquisition
of open space lands and for | ||||||
| 3 | capital development
and improvement proposals. However, a | ||||||
| 4 | local government defined as "distressed" under criteria | ||||||
| 5 | adopted by the Department through administrative rule shall be | ||||||
| 6 | eligible for assistance up to 90% for the acquisition
of open | ||||||
| 7 | space lands and for capital development
and improvement | ||||||
| 8 | proposals, provided that no more than 10% of the amount | ||||||
| 9 | appropriated under this Act in any fiscal year is made | ||||||
| 10 | available as grants to distressed local governments.
| ||||||
| 11 | A minimum of 50% of any grant made to a unit of local | ||||||
| 12 | government under this Act must be paid to the unit of local | ||||||
| 13 | government at the time the Department awards the grant. The | ||||||
| 14 | remainder of the grant shall be distributed to the local | ||||||
| 15 | government quarterly on a reimbursement basis. | ||||||
| 16 | (Source: P.A. 98-326, eff. 8-12-13; 98-520, eff. 8-23-13; | ||||||
| 17 | revised 9-19-13.)
| ||||||
| 18 | Section 655. The Illinois Highway Code is amended by | ||||||
| 19 | renumbering Section 223 as follows:
| ||||||
| 20 | (605 ILCS 5/4-223) | ||||||
| 21 | Sec. 4-223 223. Electric vehicle charging stations. By | ||||||
| 22 | January 1, 2016 or as soon thereafter as possible, the | ||||||
| 23 | Department may provide for at least one electric vehicle | ||||||
| 24 | charging station at each Interstate highway rest area where | ||||||
| |||||||
| |||||||
| 1 | electrical service will reasonably permit and if these stations | ||||||
| 2 | and charging user fees at these stations are allowed by federal | ||||||
| 3 | regulations. | ||||||
| 4 | The Department may adopt and publish specifications | ||||||
| 5 | detailing the kind and type of electric vehicle charging | ||||||
| 6 | station to be provided and may adopt rules governing the place | ||||||
| 7 | of erection, user fees, and maintenance of electric vehicle | ||||||
| 8 | charging stations.
| ||||||
| 9 | (Source: P.A. 98-442, eff. 1-1-14; revised 9-17-13.)
| ||||||
| 10 | Section 660. The Illinois Aeronautics Act is amended by | ||||||
| 11 | changing Section 43d as follows:
| ||||||
| 12 | (620 ILCS 5/43d) (from Ch. 15 1/2, par. 22.43d)
| ||||||
| 13 | Sec. 43d. Intoxicated persons in or about aircraft.
| ||||||
| 14 | (a) No person shall:
| ||||||
| 15 | (1) Operate or attempt to operate any aircraft in this | ||||||
| 16 | State while under
the influence of intoxicating liquor or | ||||||
| 17 | any narcotic drug or other
controlled substance.
| ||||||
| 18 | (2) Knowingly permit any individual who is under the | ||||||
| 19 | influence of
intoxicating liquor or any narcotic drug or | ||||||
| 20 | other controlled substance to
operate any aircraft owned by | ||||||
| 21 | the person or in his custody or control.
| ||||||
| 22 | (3) Perform any act in connection with the maintenance | ||||||
| 23 | or operation of
any aircraft when under the influence of | ||||||
| 24 | intoxicating liquor or any
narcotic drug or other | ||||||
| |||||||
| |||||||
| 1 | controlled substance, except medication prescribed
by a | ||||||
| 2 | physician which will not render the person incapable of | ||||||
| 3 | performing
his duties safely.
| ||||||
| 4 | (4) (i) Consume alcoholic liquor within 8 hours prior | ||||||
| 5 | to operating or
acting as a crew member of any aircraft | ||||||
| 6 | within this State.
| ||||||
| 7 | (ii) Act as a crew member of any aircraft within | ||||||
| 8 | this State
while under the influence of alcohol
or when | ||||||
| 9 | the alcohol concentration in the person's blood or | ||||||
| 10 | breath is
0.04
or
more based on the definition of blood | ||||||
| 11 | and breath units contained in Section
11-501.2 of the | ||||||
| 12 | Illinois Vehicle Code.
| ||||||
| 13 | (iii) Operate any aircraft within this
State
when | ||||||
| 14 | the alcohol concentration in the person's blood or | ||||||
| 15 | breath is 0.04 or
more based on the definition of blood | ||||||
| 16 | and breath units contained in Section
11-501.2 of the | ||||||
| 17 | Illinois Vehicle Code.
| ||||||
| 18 | (iv) Operate or act as a crew member of any | ||||||
| 19 | aircraft within this
State when there is any amount of | ||||||
| 20 | a drug, substance, or compound in the
person's blood or | ||||||
| 21 | urine resulting from the unlawful use or consumption of
| ||||||
| 22 | cannabis as listed in the Cannabis Control Act or a | ||||||
| 23 | controlled substance
as listed in the Illinois | ||||||
| 24 | Controlled Substances Substance Act.
| ||||||
| 25 | (5) Knowingly consume while a crew member of any | ||||||
| 26 | aircraft
any intoxicating
liquor, narcotic drug, or other | ||||||
| |||||||
| |||||||
| 1 | controlled substance while the aircraft is in
operation.
| ||||||
| 2 | (b) Any person who violates clause (4)(i) of subsection (a) | ||||||
| 3 | of this Section
is guilty
of a Class A misdemeanor.
A person | ||||||
| 4 | who violates paragraph (2), (3), or (5) or clause (4)(ii) of
| ||||||
| 5 | subsection (a) of this Section is guilty of a Class 4 felony. A | ||||||
| 6 | person who
violates paragraph (1) or clause (4)(iii) or (4)(iv) | ||||||
| 7 | of subsection (a) of this
Section is guilty of a Class 3 | ||||||
| 8 | felony.
| ||||||
| 9 | (Source: P.A. 92-517, eff. 6-1-02; revised 11-19-13.)
| ||||||
| 10 | Section 665. The County Airport Law of 1943 is amended by | ||||||
| 11 | changing Section 6 as follows:
| ||||||
| 12 | (620 ILCS 45/6) (from Ch. 15 1/2, par. 89)
| ||||||
| 13 | Sec. 6.
The directors shall, immediately after | ||||||
| 14 | appointment, meet and
organize by the election of one of their | ||||||
| 15 | number as president and one as
secretary, and by the election | ||||||
| 16 | of such other officers as they may deem
necessary. They shall | ||||||
| 17 | make and adopt such by-laws, rules and regulations
for their | ||||||
| 18 | own guidance and for the government of the airport and landing
| ||||||
| 19 | field, buildings, equipment and other facilities or activities | ||||||
| 20 | and
institutions connected therewith as may be expedient, not | ||||||
| 21 | inconsistent
with the "Illinois Aeronautics Act", as now or
| ||||||
| 22 | hereafter amended or supplemented, or any rule, ruling, | ||||||
| 23 | regulation,
order or decision of the Department of | ||||||
| 24 | Transportation
of this State. They
shall have the exclusive | ||||||
| |||||||
| |||||||
| 1 | control of the expenditure of all moneys
collected to the | ||||||
| 2 | credit of the Airport Fund, and of the construction of
any | ||||||
| 3 | airport, building, landing strips or other facilities | ||||||
| 4 | connected
therewith, or auxiliary institutions or activities | ||||||
| 5 | in connection
therewith, and of the supervision, care and | ||||||
| 6 | custody of the grounds,
buildings and facilities constructed, | ||||||
| 7 | leased, or set apart for that
purpose: Provided, that all | ||||||
| 8 | moneys received for such airport with the
exception of moneys | ||||||
| 9 | the title to which rests in the Board of Directors
in | ||||||
| 10 | accordance with Section 9, shall be deposited in the treasury | ||||||
| 11 | of the
county to the credit of the Airport fund and shall not | ||||||
| 12 | be used for any
other purpose, and shall be drawn upon by the | ||||||
| 13 | proper officers of the
county upon the properly authenticated | ||||||
| 14 | vouchers of the Board of
Directors. The Board of Directors may | ||||||
| 15 | purchase or lease ground within
the limits of such county, and | ||||||
| 16 | occupy, lease or erect an appropriate
building or buildings for | ||||||
| 17 | the use of the airport, auxiliary
institutions and activities | ||||||
| 18 | connected therewith: Provided, however, that
no such building, | ||||||
| 19 | landing strips or other facilities shall be
constructed or | ||||||
| 20 | erected until detailed plans therefor shall have been
submitted | ||||||
| 21 | to and approved by the Department of Transportation
of this
| ||||||
| 22 | State. The Board of Directors may appoint suitable managers, | ||||||
| 23 | assistants
and employees and fix their compensation by | ||||||
| 24 | resolution duly adopted, and
may also remove such appointees, | ||||||
| 25 | and shall carry out the spirit and
intent of this Act in | ||||||
| 26 | establishing and maintaining an airport and
landing field.
| ||||||
| |||||||
| |||||||
| 1 | The Board of Directors shall, in addition to the powers set | ||||||
| 2 | forth in
this Act, specifically have the powers designated as | ||||||
| 3 | follows:
| ||||||
| 4 | 1. To locate, establish and maintain an airport and airport
| ||||||
| 5 | facilities within the area of its jurisdiction, and to develop, | ||||||
| 6 | expand,
extend and improve any such airport or airport | ||||||
| 7 | facility.
| ||||||
| 8 | 2. To acquire land, rights in and over land and easements | ||||||
| 9 | upon, over
or across land, and leasehold interests in land, and | ||||||
| 10 | tangible and
intangible personal property, used or useful for | ||||||
| 11 | the location,
establishment, maintenance, development, | ||||||
| 12 | expansion, extension or
improvement of any such airport or | ||||||
| 13 | airport facility. Such acquisition
may be by dedication, | ||||||
| 14 | purchase, gift, agreement, lease, or by user or
adverse | ||||||
| 15 | possession or condemnation. In the determination of the
| ||||||
| 16 | compensation to be paid in any condemnation proceeding under | ||||||
| 17 | this
subsection involving property or facilities used in | ||||||
| 18 | agriculture,
commerce, industry or trade there shall be | ||||||
| 19 | included not only the value
of the property and facilities | ||||||
| 20 | affected and the cost of any changes in
or relocation of such | ||||||
| 21 | property and facilities but also compensation for
any loss | ||||||
| 22 | occasioned in the operation thereof.
| ||||||
| 23 | 3. To operate, manage, lease, sublease, and to make and | ||||||
| 24 | enter into
contracts for the use, operation or management of, | ||||||
| 25 | and to provide rules
and regulations for the operation, | ||||||
| 26 | management or use of any such airport
or airport facility.
| ||||||
| |||||||
| |||||||
| 1 | 4. To fix, charge and collect rentals, tolls, fees and | ||||||
| 2 | charges for
the use of any such airport, or any part thereof, | ||||||
| 3 | or any such airport
facility, and to grant privileges within | ||||||
| 4 | any airport or structure
therein or any part thereof, and to | ||||||
| 5 | charge and collect compensation for
such privileges and to | ||||||
| 6 | lease any building or structure or any part
thereof to private | ||||||
| 7 | or public concerns or corporations in connection with
the use | ||||||
| 8 | and operation of such airport and to enter into contracts or
| ||||||
| 9 | agreements permitting private or public concerns to erect and | ||||||
| 10 | build
structures for airport purposes and purposes auxiliary | ||||||
| 11 | thereto and
connected therewith, on such terms and conditions | ||||||
| 12 | as the directors deem
expedient and in the public interest; | ||||||
| 13 | provided, that no such structure
may be erected by any public | ||||||
| 14 | or private concern or corporation pursuant
to such agreement | ||||||
| 15 | until the plans and specifications therefor shall have
been | ||||||
| 16 | submitted to and approved by the Department of Transportation | ||||||
| 17 | of this State.
| ||||||
| 18 | 5. To establish, maintain, extend and improve roadways and
| ||||||
| 19 | approaches by land, water or air to any such airport.
| ||||||
| 20 | 6. To contract or otherwise to provide by condemnation if | ||||||
| 21 | necessary
for the removal or relocation of all private | ||||||
| 22 | structures, railways,
mains, pipes, conduits, wires, poles and | ||||||
| 23 | all other facilities and
equipment which may interfere with the | ||||||
| 24 | location, expansion, development,
or improvement of airports | ||||||
| 25 | or with the safe approach thereto or takeoff
therefrom by | ||||||
| 26 | aircraft, and to assume any obligation and pay any expense
| ||||||
| |||||||
| |||||||
| 1 | incidental to such removal or relocation.
| ||||||
| 2 | 7. Within territory two miles from any airport or landing | ||||||
| 3 | field, as
measured at a right angle from any side, or in a | ||||||
| 4 | radial line from the
corner of any established boundary line | ||||||
| 5 | thereof, to enter into contracts
for a term of years or | ||||||
| 6 | permanently with the owners of such land to
restrict the height | ||||||
| 7 | of any structure upon the relationship of one foot
of height to | ||||||
| 8 | each twenty feet of distance from the boundary line, upon
such | ||||||
| 9 | terms and conditions and for the such consideration as the | ||||||
| 10 | Board of
Directors deems equitable; and to adopt, administer | ||||||
| 11 | and enforce airport
zoning regulations for and within the | ||||||
| 12 | county and within any territory
which extends not more than 2 | ||||||
| 13 | miles beyond the boundaries of any
Airport under the control of | ||||||
| 14 | the Board of Directors.
| ||||||
| 15 | 8. To borrow money and to issue bonds, notes, certificates | ||||||
| 16 | or other
evidences of indebtedness for the purpose of | ||||||
| 17 | accomplishing any of the
corporate purposes, subject, however, | ||||||
| 18 | to compliance with the conditions
or limitations of this Act or | ||||||
| 19 | otherwise provided by the constitution or
laws of the State of | ||||||
| 20 | Illinois.
| ||||||
| 21 | 9. To employ or enter into contracts for the employment of | ||||||
| 22 | any
person, firm or corporation, and for professional services, | ||||||
| 23 | necessary or
desirable for the accomplishment of the objects of | ||||||
| 24 | the Board of
Directors or the proper administration, | ||||||
| 25 | management, protection or
control of its property.
| ||||||
| 26 | 10. To police its property and to exercise police powers in | ||||||
| |||||||
| |||||||
| 1 | respect
thereto or in respect to the enforcement of any rule or | ||||||
| 2 | regulation
provided by the resolutions of the Board of | ||||||
| 3 | Directors and to employ and
commission police officers and | ||||||
| 4 | other qualified persons to enforce the
same.
| ||||||
| 5 | Nothing in this section or in other provisions of this Act | ||||||
| 6 | shall be
construed to authorize the Board of Directors to | ||||||
| 7 | establish or enforce
any regulation or rule in respect to | ||||||
| 8 | aviation or the operation or
maintenance of any airport or any | ||||||
| 9 | airport facility within its
jurisdiction which is in conflict | ||||||
| 10 | with any federal or state law or
regulation applicable to the | ||||||
| 11 | same subject matter.
| ||||||
| 12 | This section is subject to the "Illinois Aeronautics Act", | ||||||
| 13 | as now
or hereafter amended or supplemented,
or any rule, | ||||||
| 14 | ruling, regulation, order or decision of the Department of
| ||||||
| 15 | Transportation of this State.
| ||||||
| 16 | The Federal Government or any department or agency thereof, | ||||||
| 17 | the State
of Illinois or any department or agency thereof, or | ||||||
| 18 | any political
subdivision of the State of Illinois and any | ||||||
| 19 | public or private aircraft
shall be permitted to use any | ||||||
| 20 | airport facility subject to the regulation
and control of, and | ||||||
| 21 | upon such terms and conditions as shall be
established by the | ||||||
| 22 | Board of Directors.
| ||||||
| 23 | (Source: P.A. 81-840; revised 11-19-13.)
| ||||||
| 24 | Section 670. The Public-Private Agreements for the South | ||||||
| 25 | Suburban Airport Act is amended by changing Section 2-35 as | ||||||
| |||||||
| |||||||
| 1 | follows:
| ||||||
| 2 | (620 ILCS 75/2-35)
| ||||||
| 3 | Sec. 2-35. Provisions of the public-private agreement. | ||||||
| 4 | (a) The public-private agreement shall include all of the | ||||||
| 5 | following: | ||||||
| 6 | (1) the term of the public-private agreement that is | ||||||
| 7 | consistent with Section 2-20 of this Act; | ||||||
| 8 | (2) the powers, duties, responsibilities, obligations, | ||||||
| 9 | and functions of the Department and the contractor; | ||||||
| 10 | (3) compensation or payments to the Department; | ||||||
| 11 | (4) compensation or payments to the contractor; | ||||||
| 12 | (5) a provision specifying that the Department has: | ||||||
| 13 | (A) ready access to information regarding the | ||||||
| 14 | contractor's powers, duties, responsibilities, | ||||||
| 15 | obligations, and functions under the public-private | ||||||
| 16 | agreement; | ||||||
| 17 | (B) the right to demand and receive information | ||||||
| 18 | from the contractor concerning any aspect of the | ||||||
| 19 | contractor's powers, duties, responsibilities, | ||||||
| 20 | obligations, and functions under the public-private | ||||||
| 21 | agreement; and | ||||||
| 22 | (C) the authority to direct or countermand | ||||||
| 23 | decisions by the contractor at any time; | ||||||
| 24 | (6) a provision imposing an affirmative duty on the | ||||||
| 25 | contractor to provide the Department with any information | ||||||
| |||||||
| |||||||
| 1 | the Department reasonably would want to know or would need | ||||||
| 2 | to know to enable the Department to exercise its powers, | ||||||
| 3 | carry out its duties, responsibilities, and obligations, | ||||||
| 4 | and perform its functions under this Act or the | ||||||
| 5 | public-private agreement or as otherwise required by law; | ||||||
| 6 | (7) a provision requiring the contractor to provide the | ||||||
| 7 | Department with advance written notice of any decision that | ||||||
| 8 | bears significantly on the public interest so the | ||||||
| 9 | Department has a reasonable opportunity to evaluate and | ||||||
| 10 | countermand that decision under this Section; | ||||||
| 11 | (8) a requirement that the Department monitor and | ||||||
| 12 | oversee the contractor's practices and take action that the | ||||||
| 13 | Department considers appropriate to ensure that the | ||||||
| 14 | contractor is in compliance with the terms of the | ||||||
| 15 | public-private agreement; | ||||||
| 16 | (9) the authority of the Department to enter into | ||||||
| 17 | contracts with third parties pursuant to Section 2-65 of | ||||||
| 18 | this Act; | ||||||
| 19 | (10) a provision governing the contractor's authority | ||||||
| 20 | to negotiate and execute subcontracts with third parties; | ||||||
| 21 | (11) the authority of the contractor to impose user | ||||||
| 22 | fees and the amounts of those fees; | ||||||
| 23 | (12) a provision governing the deposit and allocation | ||||||
| 24 | of revenues including user fees; | ||||||
| 25 | (13) a provision governing rights to real and personal | ||||||
| 26 | property of the State, the Department, the contractor, and | ||||||
| |||||||
| |||||||
| 1 | other third parties; | ||||||
| 2 | (14) a provision stating that the contractor shall, | ||||||
| 3 | pursuant to Section 2-85 of this Act, pay the costs of an | ||||||
| 4 | independent audit if the construction costs under the | ||||||
| 5 | contract exceed $50,000,000; | ||||||
| 6 | (15) a provision regarding the implementation and | ||||||
| 7 | delivery of a comprehensive system of internal audits; | ||||||
| 8 | (16) a provision regarding the implementation and | ||||||
| 9 | delivery of reports, which shall include a requirement that | ||||||
| 10 | the contractor file with the Department, at least on an | ||||||
| 11 | annual basis, financial statements containing information | ||||||
| 12 | required by generally accepted accounting principles | ||||||
| 13 | (GAAP); | ||||||
| 14 | (17) procedural requirements for obtaining the prior | ||||||
| 15 | approval of the Department when rights that are the subject | ||||||
| 16 | of the agreement, including, but not limited to development | ||||||
| 17 | rights, construction rights, property rights, and rights | ||||||
| 18 | to certain revenues, are sold, assigned, transferred, or | ||||||
| 19 | pledged as collateral to secure financing or for any other | ||||||
| 20 | reason; | ||||||
| 21 | (18) grounds for termination of the agreement by the | ||||||
| 22 | Department or the contractor and a restatement of the | ||||||
| 23 | Department's rights under Section 2-45 of this Act; | ||||||
| 24 | (19) a requirement that the contractor enter into a | ||||||
| 25 | project labor agreement under Section 2-120 of this Act; | ||||||
| 26 | (20) a provision stating that construction contractors | ||||||
| |||||||
| |||||||
| 1 | shall comply with Section 2-120 of this Act; | ||||||
| 2 | (21) timelines, deadlines, and scheduling; | ||||||
| 3 | (22) review of plans, including development, | ||||||
| 4 | financing, construction, management, operations, or | ||||||
| 5 | maintenance plans, by the Department; | ||||||
| 6 | (23) a provision regarding inspections by the | ||||||
| 7 | Department, including inspections of construction work and | ||||||
| 8 | improvements; | ||||||
| 9 | (24) rights and remedies of the Department in the event | ||||||
| 10 | that the contractor defaults or otherwise fails to comply | ||||||
| 11 | with the terms of the public-private agreement; | ||||||
| 12 | (25) a code of ethics for the contractor's officers and | ||||||
| 13 | employees; and | ||||||
| 14 | (26) procedures for amendment to the agreement. | ||||||
| 15 | (b) The public-private agreement may include any or all of | ||||||
| 16 | the following: | ||||||
| 17 | (1) a provision regarding the extension of the | ||||||
| 18 | agreement that is consistent with Section 2-20 of this Act; | ||||||
| 19 | (2) provisions leasing to the contractor all or any | ||||||
| 20 | portion of the South Suburban Airport, provided that the | ||||||
| 21 | lease may not extend beyond the term of the public-private | ||||||
| 22 | agreement; . | ||||||
| 23 | (3) cash reserves requirements; | ||||||
| 24 | (4) delivery of performance and payment bonds or other | ||||||
| 25 | performance security in a form and amount that is | ||||||
| 26 | satisfactory to the Department; | ||||||
| |||||||
| |||||||
| 1 | (5) maintenance of public liability insurance; | ||||||
| 2 | (6) maintenance of self-insurance; | ||||||
| 3 | (7) provisions governing grants and loans, pursuant to | ||||||
| 4 | which the Department may agree to make grants or loans for | ||||||
| 5 | the development, financing, construction, management, or | ||||||
| 6 | operation of the South Suburban Airport project from time | ||||||
| 7 | to time from amounts received from the federal government | ||||||
| 8 | or any agency or instrumentality of the federal government | ||||||
| 9 | or from any State or local agency; | ||||||
| 10 | (8) reimbursements to the Department for work | ||||||
| 11 | performed and goods, services, and equipment provided by | ||||||
| 12 | the Department; | ||||||
| 13 | (9) provisions allowing the Department to submit any | ||||||
| 14 | contractual disputes with the contractor relating to the | ||||||
| 15 | public-private agreement to non-binding alternative | ||||||
| 16 | dispute resolution proceedings; and | ||||||
| 17 | (10) any other terms, conditions, and provisions | ||||||
| 18 | acceptable to the Department that the Department deems | ||||||
| 19 | necessary and proper and in the public interest.
| ||||||
| 20 | (Source: P.A. 98-109, eff. 7-25-13; revised 11-19-13.)
| ||||||
| 21 | Section 675. The Illinois Vehicle Code is amended by | ||||||
| 22 | changing Sections 1-105, 2-119, 3-918, 5-301, 6-103, 6-106, | ||||||
| 23 | 6-108, 6-118, 6-201, 6-206, 6-303, 6-508, 6-514, 11-208, | ||||||
| 24 | 11-208.7, 11-501, 11-709.2, 12-215, 12-610.2, and 15-111 and by | ||||||
| 25 | setting forth, renumbering, and changing multiple versions of | ||||||
| |||||||
| |||||||
| 1 | Section 3-699 as follows:
| ||||||
| 2 | (625 ILCS 5/1-105) (from Ch. 95 1/2, par. 1-105)
| ||||||
| 3 | Sec. 1-105. Authorized emergency vehicle. Emergency | ||||||
| 4 | vehicles of municipal departments or public service
| ||||||
| 5 | corporations as are designated or authorized by proper local | ||||||
| 6 | authorities;
police vehicles; vehicles of the fire department; | ||||||
| 7 | vehicles of a HazMat or technical rescue team authorized by a | ||||||
| 8 | county board under Section 5-1127 of the Counties Code; | ||||||
| 9 | ambulances;
vehicles of the Illinois Department of | ||||||
| 10 | Corrections; vehicles of the Illinois Department of Juvenile | ||||||
| 11 | Justice; vehicles of the Illinois Emergency Management Agency; | ||||||
| 12 | vehicles of the Office of the Illinois State Fire Marshal; mine | ||||||
| 13 | rescue and explosives emergency response vehicles of the | ||||||
| 14 | Department of Natural Resources; vehicles of the Illinois | ||||||
| 15 | Department of Public Health; vehicles of the Illinois | ||||||
| 16 | Department of Transportation identified as Emergency Traffic | ||||||
| 17 | Patrol; and vehicles of a municipal or county emergency | ||||||
| 18 | services and disaster agency, as defined by the Illinois | ||||||
| 19 | Emergency Management Agency Act.
| ||||||
| 20 | (Source: P.A. 97-149, eff. 7-14-11; 97-333, eff. 7-12-11; | ||||||
| 21 | 98-123, eff. 1-1-14; 98-468, eff. 8-16-13; revised 9-19-13.)
| ||||||
| 22 | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
| ||||||
| 23 | (Text of Section before amendment by P.A. 98-176) | ||||||
| 24 | Sec. 2-119. Disposition of fees and taxes.
| ||||||
| |||||||
| |||||||
| 1 | (a) All moneys received from Salvage Certificates shall be | ||||||
| 2 | deposited in
the Common School Fund in the State Treasury.
| ||||||
| 3 | (b) Beginning January 1, 1990 and concluding December 31, | ||||||
| 4 | 1994, of the
money collected for each certificate of title, | ||||||
| 5 | duplicate certificate of
title and corrected certificate of | ||||||
| 6 | title, $0.50 shall be deposited into the
Used Tire Management | ||||||
| 7 | Fund. Beginning January 1, 1990 and concluding
December 31, | ||||||
| 8 | 1994, of the money collected for each certificate of title,
| ||||||
| 9 | duplicate certificate of title and corrected certificate of | ||||||
| 10 | title, $1.50
shall be deposited in the Park and Conservation | ||||||
| 11 | Fund.
| ||||||
| 12 | Beginning January 1, 1995, of the money collected for each | ||||||
| 13 | certificate of
title, duplicate certificate of title and | ||||||
| 14 | corrected certificate of title, $3.25
shall be deposited in the | ||||||
| 15 | Park and Conservation Fund. The moneys deposited in
the Park | ||||||
| 16 | and Conservation Fund pursuant to this Section shall be used | ||||||
| 17 | for the
acquisition and development of bike paths as provided | ||||||
| 18 | for in Section 805-420 of
the Department of Natural Resources | ||||||
| 19 | (Conservation) Law (20 ILCS 805/805-420). The monies deposited | ||||||
| 20 | into the Park and Conservation Fund under this subsection shall | ||||||
| 21 | not be subject to administrative charges or chargebacks unless | ||||||
| 22 | otherwise authorized by this Act.
| ||||||
| 23 | Beginning January 1, 2000, of
the
moneys collected for each | ||||||
| 24 | certificate of title, duplicate certificate of title,
and | ||||||
| 25 | corrected certificate of title, $48 shall be deposited into the | ||||||
| 26 | Road Fund
and $4 shall be deposited into the Motor Vehicle | ||||||
| |||||||
| |||||||
| 1 | License Plate Fund, except
that if the balance in the Motor | ||||||
| 2 | Vehicle License Plate Fund exceeds $40,000,000
on the last day | ||||||
| 3 | of a calendar month, then during the next calendar month the $4
| ||||||
| 4 | shall instead be deposited into the Road Fund.
| ||||||
| 5 | Beginning January 1, 2005, of the moneys collected for each | ||||||
| 6 | delinquent vehicle registration renewal fee, $20 shall be | ||||||
| 7 | deposited into the General Revenue Fund. | ||||||
| 8 | Except as otherwise provided in this Code, all remaining | ||||||
| 9 | moneys collected
for certificates of title, and all moneys | ||||||
| 10 | collected for filing of security
interests, shall be placed in | ||||||
| 11 | the General Revenue Fund in the State Treasury.
| ||||||
| 12 | (c) All moneys collected for that portion of a driver's | ||||||
| 13 | license fee
designated for driver education under Section 6-118 | ||||||
| 14 | shall be placed in
the Driver Education Fund in the State | ||||||
| 15 | Treasury.
| ||||||
| 16 | (d) Beginning January 1, 1999, of the monies collected as a | ||||||
| 17 | registration
fee for each motorcycle, motor driven cycle and | ||||||
| 18 | moped, 27%
of each annual registration fee for such vehicle and | ||||||
| 19 | 27% of each semiannual
registration fee for such vehicle is | ||||||
| 20 | deposited in the Cycle Rider Safety
Training Fund.
| ||||||
| 21 | (e) Of the monies received by the Secretary of State as | ||||||
| 22 | registration
fees or taxes or as payment of any other fee, as | ||||||
| 23 | provided in this Act, except
fees received by the Secretary | ||||||
| 24 | under paragraph (7) of subsection (b) of Section
5-101 and | ||||||
| 25 | Section 5-109 of this Code, 37% shall be deposited into the | ||||||
| 26 | State
Construction Account Fund.
| ||||||
| |||||||
| |||||||
| 1 | (f) Of the total money collected for a CDL instruction | ||||||
| 2 | permit or
original or renewal issuance of a commercial driver's | ||||||
| 3 | license (CDL)
pursuant to the Uniform Commercial Driver's | ||||||
| 4 | License Act (UCDLA): (i) $6 of the
total fee for an original or | ||||||
| 5 | renewal CDL, and $6 of the total CDL
instruction permit fee | ||||||
| 6 | when such 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 (Commercial Driver's License | ||||||
| 9 | Information System/American
Association of Motor Vehicle | ||||||
| 10 | Administrators network/National Motor Vehicle Title | ||||||
| 11 | Information Service Trust Fund) and shall
be used for the | ||||||
| 12 | purposes provided in Section 6z-23 of the State Finance Act
and | ||||||
| 13 | (ii) $20 of the total fee for an original or renewal CDL or | ||||||
| 14 | commercial
driver instruction permit shall be paid
into the | ||||||
| 15 | Motor Carrier Safety Inspection Fund, which is hereby created | ||||||
| 16 | as a
special fund in the State Treasury, to be used by
the | ||||||
| 17 | Department
of State Police, subject to appropriation, to hire | ||||||
| 18 | additional officers to
conduct motor carrier safety
| ||||||
| 19 | inspections
pursuant to Chapter 18b of this Code.
| ||||||
| 20 | (g) All remaining moneys received by the Secretary of State | ||||||
| 21 | as
registration fees or taxes or as payment of any other fee, | ||||||
| 22 | as provided in
this Act, except fees received by the Secretary | ||||||
| 23 | under paragraph (7)(A) of
subsection (b) of Section 5-101 and | ||||||
| 24 | Section 5-109 of this Code,
shall be deposited in the Road Fund | ||||||
| 25 | in the State Treasury. Moneys
in the Road Fund shall be used | ||||||
| 26 | for the purposes provided in
Section 8.3 of the State Finance | ||||||
| |||||||
| |||||||
| 1 | Act.
| ||||||
| 2 | (h) (Blank).
| ||||||
| 3 | (i) (Blank).
| ||||||
| 4 | (j) (Blank).
| ||||||
| 5 | (k) There is created in the State Treasury a special fund | ||||||
| 6 | to be known as
the Secretary of State Special License Plate | ||||||
| 7 | Fund. Money deposited into the
Fund shall, subject to | ||||||
| 8 | appropriation, be used by the Office of the Secretary
of State | ||||||
| 9 | (i) to help defray plate manufacturing and plate processing | ||||||
| 10 | costs
for the issuance and, when applicable, renewal of any new | ||||||
| 11 | or existing
registration plates authorized under this Code and | ||||||
| 12 | (ii) for grants made by the
Secretary of State to benefit | ||||||
| 13 | Illinois Veterans Home libraries.
| ||||||
| 14 | On or before October 1, 1995, the Secretary of State shall | ||||||
| 15 | direct the
State Comptroller and State Treasurer to transfer | ||||||
| 16 | any unexpended balance in
the Special Environmental License | ||||||
| 17 | Plate Fund, the Special Korean War Veteran
License Plate Fund, | ||||||
| 18 | and the Retired Congressional License Plate Fund to the
| ||||||
| 19 | Secretary of State Special License Plate Fund.
| ||||||
| 20 | (l) The Motor Vehicle Review Board Fund is created as a | ||||||
| 21 | special fund in
the State Treasury. Moneys deposited into the | ||||||
| 22 | Fund under paragraph (7) of
subsection (b) of Section 5-101 and | ||||||
| 23 | Section 5-109 shall,
subject to appropriation, be used by the | ||||||
| 24 | Office of the Secretary of State to
administer the Motor | ||||||
| 25 | Vehicle Review Board, including without
limitation payment of | ||||||
| 26 | compensation and all necessary expenses incurred in
| ||||||
| |||||||
| |||||||
| 1 | administering the Motor Vehicle Review Board under the Motor | ||||||
| 2 | Vehicle Franchise
Act.
| ||||||
| 3 | (m) Effective July 1, 1996, there is created in the State
| ||||||
| 4 | Treasury a special fund to be known as the Family | ||||||
| 5 | Responsibility Fund. Moneys
deposited into the Fund shall, | ||||||
| 6 | subject to appropriation, be used by the Office
of the | ||||||
| 7 | Secretary of State for the purpose of enforcing the Family | ||||||
| 8 | Financial
Responsibility Law.
| ||||||
| 9 | (n) The Illinois Fire Fighters' Memorial Fund is created as | ||||||
| 10 | a special
fund in the State Treasury. Moneys deposited into the | ||||||
| 11 | Fund shall, subject
to appropriation, be used by the Office of | ||||||
| 12 | the State Fire Marshal for
construction of the Illinois Fire | ||||||
| 13 | Fighters' Memorial to be located at the
State Capitol grounds | ||||||
| 14 | in Springfield, Illinois. Upon the completion of the
Memorial, | ||||||
| 15 | moneys in the Fund shall be used in accordance with Section | ||||||
| 16 | 3-634.
| ||||||
| 17 | (o) Of the money collected for each certificate of title | ||||||
| 18 | for all-terrain
vehicles and off-highway motorcycles, $17 | ||||||
| 19 | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| ||||||
| 20 | (p) For audits conducted on or after July 1, 2003 pursuant | ||||||
| 21 | to Section
2-124(d) of this Code, 50% of the money collected as | ||||||
| 22 | audit fees shall be
deposited
into the General Revenue Fund.
| ||||||
| 23 | (Source: P.A. 97-1136, eff. 1-1-13; 98-177, eff. 1-1-14; | ||||||
| 24 | revised 9-19-13.)
| ||||||
| 25 | (Text of Section after amendment by P.A. 98-176) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2-119. Disposition of fees and taxes.
| ||||||
| 2 | (a) All moneys received from Salvage Certificates shall be | ||||||
| 3 | deposited in
the Common School Fund in the State Treasury.
| ||||||
| 4 | (b) Beginning January 1, 1990 and concluding December 31, | ||||||
| 5 | 1994, of the
money collected for each certificate of title, | ||||||
| 6 | duplicate certificate of
title and corrected certificate of | ||||||
| 7 | title, $0.50 shall be deposited into the
Used Tire Management | ||||||
| 8 | Fund. Beginning January 1, 1990 and concluding
December 31, | ||||||
| 9 | 1994, of the money collected for each certificate of title,
| ||||||
| 10 | duplicate certificate of title and corrected certificate of | ||||||
| 11 | title, $1.50
shall be deposited in the Park and Conservation | ||||||
| 12 | Fund.
| ||||||
| 13 | Beginning January 1, 1995, of the money collected for each | ||||||
| 14 | certificate of
title, duplicate certificate of title and | ||||||
| 15 | corrected certificate of title, $3.25
shall be deposited in the | ||||||
| 16 | Park and Conservation Fund. The moneys deposited in
the Park | ||||||
| 17 | and Conservation Fund pursuant to this Section shall be used | ||||||
| 18 | for the
acquisition and development of bike paths as provided | ||||||
| 19 | for in Section 805-420 of
the Department of Natural Resources | ||||||
| 20 | (Conservation) Law (20 ILCS 805/805-420). The monies deposited | ||||||
| 21 | into the Park and Conservation Fund under this subsection shall | ||||||
| 22 | not be subject to administrative charges or chargebacks unless | ||||||
| 23 | otherwise authorized by this Act.
| ||||||
| 24 | Beginning January 1, 2000, of
the
moneys collected for each | ||||||
| 25 | certificate of title, duplicate certificate of title,
and | ||||||
| 26 | corrected certificate of title, $48 shall be deposited into the | ||||||
| |||||||
| |||||||
| 1 | Road Fund
and $4 shall be deposited into the Motor Vehicle | ||||||
| 2 | License Plate Fund, except
that if the balance in the Motor | ||||||
| 3 | Vehicle License Plate Fund exceeds $40,000,000
on the last day | ||||||
| 4 | of a calendar month, then during the next calendar month the $4
| ||||||
| 5 | shall instead be deposited into the Road Fund.
| ||||||
| 6 | Beginning January 1, 2005, of the moneys collected for each | ||||||
| 7 | delinquent vehicle registration renewal fee, $20 shall be | ||||||
| 8 | deposited into the General Revenue Fund. | ||||||
| 9 | Except as otherwise provided in this Code, all remaining | ||||||
| 10 | moneys collected
for certificates of title, and all moneys | ||||||
| 11 | collected for filing of security
interests, shall be placed in | ||||||
| 12 | the General Revenue Fund in the State Treasury.
| ||||||
| 13 | (c) All moneys collected for that portion of a driver's | ||||||
| 14 | license fee
designated for driver education under Section 6-118 | ||||||
| 15 | shall be placed in
the Driver Education Fund in the State | ||||||
| 16 | Treasury.
| ||||||
| 17 | (d) Beginning January 1, 1999, of the monies collected as a | ||||||
| 18 | registration
fee for each motorcycle, motor driven cycle and | ||||||
| 19 | moped, 27%
of each annual registration fee for such vehicle and | ||||||
| 20 | 27% of each semiannual
registration fee for such vehicle is | ||||||
| 21 | deposited in the Cycle Rider Safety
Training Fund.
| ||||||
| 22 | (e) Of the monies received by the Secretary of State as | ||||||
| 23 | registration
fees or taxes or as payment of any other fee, as | ||||||
| 24 | provided in this Act, except
fees received by the Secretary | ||||||
| 25 | under paragraph (7) of subsection (b) of Section
5-101 and | ||||||
| 26 | Section 5-109 of this Code, 37% shall be deposited into the | ||||||
| |||||||
| |||||||
| 1 | State
Construction Account Fund.
| ||||||
| 2 | (f) Of the total money collected for a commercial learner's | ||||||
| 3 | permit (CLP) or
original or renewal issuance of a commercial | ||||||
| 4 | driver's license (CDL)
pursuant to the Uniform Commercial | ||||||
| 5 | Driver's License Act (UCDLA): (i) $6 of the
total fee for an | ||||||
| 6 | original or renewal CDL, and $6 of the total CLP fee when such | ||||||
| 7 | permit is issued to any person holding a
valid Illinois | ||||||
| 8 | driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS
| ||||||
| 9 | Trust Fund (Commercial Driver's License Information | ||||||
| 10 | System/American
Association of Motor Vehicle Administrators | ||||||
| 11 | network/National Motor Vehicle Title Information Service Trust | ||||||
| 12 | Fund) and shall
be used for the purposes provided in Section | ||||||
| 13 | 6z-23 of the State Finance Act
and (ii) $20 of the total fee | ||||||
| 14 | for an original or renewal CDL or CLP shall be paid
into the | ||||||
| 15 | Motor Carrier Safety Inspection Fund, which is hereby created | ||||||
| 16 | as a
special fund in the State Treasury, to be used by
the | ||||||
| 17 | Department
of State Police, subject to appropriation, to hire | ||||||
| 18 | additional officers to
conduct motor carrier safety
| ||||||
| 19 | inspections
pursuant to Chapter 18b of this Code.
| ||||||
| 20 | (g) All remaining moneys received by the Secretary of State | ||||||
| 21 | as
registration fees or taxes or as payment of any other fee, | ||||||
| 22 | as provided in
this Act, except fees received by the Secretary | ||||||
| 23 | under paragraph (7)(A) of
subsection (b) of Section 5-101 and | ||||||
| 24 | Section 5-109 of this Code,
shall be deposited in the Road Fund | ||||||
| 25 | in the State Treasury. Moneys
in the Road Fund shall be used | ||||||
| 26 | for the purposes provided in
Section 8.3 of the State Finance | ||||||
| |||||||
| |||||||
| 1 | Act.
| ||||||
| 2 | (h) (Blank).
| ||||||
| 3 | (i) (Blank).
| ||||||
| 4 | (j) (Blank).
| ||||||
| 5 | (k) There is created in the State Treasury a special fund | ||||||
| 6 | to be known as
the Secretary of State Special License Plate | ||||||
| 7 | Fund. Money deposited into the
Fund shall, subject to | ||||||
| 8 | appropriation, be used by the Office of the Secretary
of State | ||||||
| 9 | (i) to help defray plate manufacturing and plate processing | ||||||
| 10 | costs
for the issuance and, when applicable, renewal of any new | ||||||
| 11 | or existing
registration plates authorized under this Code and | ||||||
| 12 | (ii) for grants made by the
Secretary of State to benefit | ||||||
| 13 | Illinois Veterans Home libraries.
| ||||||
| 14 | On or before October 1, 1995, the Secretary of State shall | ||||||
| 15 | direct the
State Comptroller and State Treasurer to transfer | ||||||
| 16 | any unexpended balance in
the Special Environmental License | ||||||
| 17 | Plate Fund, the Special Korean War Veteran
License Plate Fund, | ||||||
| 18 | and the Retired Congressional License Plate Fund to the
| ||||||
| 19 | Secretary of State Special License Plate Fund.
| ||||||
| 20 | (l) The Motor Vehicle Review Board Fund is created as a | ||||||
| 21 | special fund in
the State Treasury. Moneys deposited into the | ||||||
| 22 | Fund under paragraph (7) of
subsection (b) of Section 5-101 and | ||||||
| 23 | Section 5-109 shall,
subject to appropriation, be used by the | ||||||
| 24 | Office of the Secretary of State to
administer the Motor | ||||||
| 25 | Vehicle Review Board, including without
limitation payment of | ||||||
| 26 | compensation and all necessary expenses incurred in
| ||||||
| |||||||
| |||||||
| 1 | administering the Motor Vehicle Review Board under the Motor | ||||||
| 2 | Vehicle Franchise
Act.
| ||||||
| 3 | (m) Effective July 1, 1996, there is created in the State
| ||||||
| 4 | Treasury a special fund to be known as the Family | ||||||
| 5 | Responsibility Fund. Moneys
deposited into the Fund shall, | ||||||
| 6 | subject to appropriation, be used by the Office
of the | ||||||
| 7 | Secretary of State for the purpose of enforcing the Family | ||||||
| 8 | Financial
Responsibility Law.
| ||||||
| 9 | (n) The Illinois Fire Fighters' Memorial Fund is created as | ||||||
| 10 | a special
fund in the State Treasury. Moneys deposited into the | ||||||
| 11 | Fund shall, subject
to appropriation, be used by the Office of | ||||||
| 12 | the State Fire Marshal for
construction of the Illinois Fire | ||||||
| 13 | Fighters' Memorial to be located at the
State Capitol grounds | ||||||
| 14 | in Springfield, Illinois. Upon the completion of the
Memorial, | ||||||
| 15 | moneys in the Fund shall be used in accordance with Section | ||||||
| 16 | 3-634.
| ||||||
| 17 | (o) Of the money collected for each certificate of title | ||||||
| 18 | for all-terrain
vehicles and off-highway motorcycles, $17 | ||||||
| 19 | shall be deposited into the
Off-Highway Vehicle Trails Fund.
| ||||||
| 20 | (p) For audits conducted on or after July 1, 2003 pursuant | ||||||
| 21 | to Section
2-124(d) of this Code, 50% of the money collected as | ||||||
| 22 | audit fees shall be
deposited
into the General Revenue Fund.
| ||||||
| 23 | (Source: P.A. 97-1136, eff. 1-1-13; 98-176, eff. 7-1-14; | ||||||
| 24 | 98-177, eff. 1-1-14; revised 9-19-13.)
| ||||||
| 25 | (625 ILCS 5/3-699) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3-699. National Wild Turkey Federation license | ||||||
| 2 | plates. | ||||||
| 3 | (a) The Secretary, upon receipt of all applicable fees and | ||||||
| 4 | applications
made in the form prescribed by the Secretary, may | ||||||
| 5 | issue special registration
plates designated as National Wild | ||||||
| 6 | Turkey Federation
license plates. The special plates issued | ||||||
| 7 | under this Section shall be affixed only to
passenger vehicles | ||||||
| 8 | of the first division or motor vehicles of the second
division | ||||||
| 9 | weighing not more than 8,000 pounds. Plates issued under this | ||||||
| 10 | Section shall expire according to the multi-year
procedure | ||||||
| 11 | established by Section 3-414.1 of this Code. | ||||||
| 12 | (b) The design and color of the special plates shall be | ||||||
| 13 | wholly within the
discretion of the Secretary. The Secretary | ||||||
| 14 | may allow the plates to be issued as vanity plates or
| ||||||
| 15 | personalized plates under Section 3-405.1 of this Code. The | ||||||
| 16 | Secretary shall
prescribe stickers or decals as provided under | ||||||
| 17 | Section 3-412 of this Code. | ||||||
| 18 | (c) An applicant for the special plate shall be charged a | ||||||
| 19 | $40 fee for original issuance in addition to the appropriate | ||||||
| 20 | registration fee. Of this fee, $25 shall be deposited into the | ||||||
| 21 | National Wild Turkey Federation Fund and $15 shall be deposited | ||||||
| 22 | into the Secretary of State Special License Plate Fund, to be | ||||||
| 23 | used by the Secretary to help defray the administrative | ||||||
| 24 | processing costs. | ||||||
| 25 | For each registration renewal period, a $27 fee, in | ||||||
| 26 | addition to the
appropriate registration fee, shall be charged. | ||||||
| |||||||
| |||||||
| 1 | Of this fee, $25 shall be
deposited into the
National Wild | ||||||
| 2 | Turkey Federation Fund and $2 shall be deposited into the
| ||||||
| 3 | Secretary of State Special License Plate Fund. | ||||||
| 4 | (d) The National Wild Turkey Federation Fund is created as | ||||||
| 5 | a special fund in the State
treasury. All moneys in the
| ||||||
| 6 | National Wild Turkey Federation Fund shall be paid, subject to
| ||||||
| 7 | appropriation
by the General Assembly
and distribution by the | ||||||
| 8 | Secretary, as grants
to National Wild Turkey Federation, Inc., | ||||||
| 9 | a tax exempt entity under Section 501(c)(3) of the Internal | ||||||
| 10 | Revenue Code, to fund turkey habitat protection, enhancement, | ||||||
| 11 | and restoration projects in the State of Illinois, to fund | ||||||
| 12 | education and outreach for media, volunteers, members, and the | ||||||
| 13 | general public regarding turkeys and turkey habitat | ||||||
| 14 | conservation in the State of Illinois, and to cover the | ||||||
| 15 | reasonable cost for National Wild Turkey Federation special | ||||||
| 16 | plate advertising and administration of the conservation | ||||||
| 17 | projects and education program.
| ||||||
| 18 | (Source: P.A. 98-66, eff. 1-1-14.)
| ||||||
| 19 | (625 ILCS 5/3-699.2) | ||||||
| 20 | Sec. 3-699.2 3-699. Diabetes Awareness license plates. | ||||||
| 21 | (a) The Secretary, upon receipt of an application made in | ||||||
| 22 | the form
prescribed by the Secretary, may issue special | ||||||
| 23 | registration plates
designated as Diabetes Awareness license | ||||||
| 24 | plates. The special plates
issued
under this Section shall be | ||||||
| 25 | affixed only to passenger vehicles of the first
division and | ||||||
| |||||||
| |||||||
| 1 | motor vehicles of the second division weighing not more than
| ||||||
| 2 | 8,000 pounds. Plates issued under this Section shall expire | ||||||
| 3 | according
to the multi-year procedure established by Section | ||||||
| 4 | 3-414.1 of this Code. | ||||||
| 5 | (b) The design and color of the plates is wholly within the
| ||||||
| 6 | discretion of the Secretary of State. The Secretary, in his or | ||||||
| 7 | her discretion, may
allow the plates to be issued as vanity or | ||||||
| 8 | personalized plates under Section
3-405.1 of this Code. The | ||||||
| 9 | Secretary shall prescribe stickers or decals as
provided under | ||||||
| 10 | Section 3-412 of this Code. | ||||||
| 11 | (c) An applicant for the special plate shall be charged a | ||||||
| 12 | $40 fee
for original issuance in addition to the appropriate | ||||||
| 13 | registration fee. Of
this fee, $25 shall be deposited into the | ||||||
| 14 | Diabetes Research Checkoff Fund and $15
shall be deposited into | ||||||
| 15 | the Secretary of State Special License Plate Fund,
to be used | ||||||
| 16 | by the Secretary to help defray the administrative processing
| ||||||
| 17 | costs. | ||||||
| 18 | For each registration renewal period, a $27 fee, in | ||||||
| 19 | addition to the
appropriate registration fee, shall be charged. | ||||||
| 20 | Of this fee, $25 shall be
deposited into the Diabetes Research | ||||||
| 21 | Checkoff Fund and $2 shall be deposited into
the
Secretary of | ||||||
| 22 | State Special License Plate Fund.
| ||||||
| 23 | (Source: P.A. 98-96, eff. 1-1-14; revised 10-16-13.)
| ||||||
| 24 | (625 ILCS 5/3-699.3) | ||||||
| 25 | Sec. 3-699.3 3-699. Illinois Nurses license plates. | ||||||
| |||||||
| |||||||
| 1 | (a) The Secretary, upon receipt of an application made in | ||||||
| 2 | the form prescribed by the Secretary, may issue special | ||||||
| 3 | registration plates designated as Illinois Nurses license | ||||||
| 4 | plates. The special plates issued under this Section shall be | ||||||
| 5 | affixed only to passenger vehicles of the first division and | ||||||
| 6 | motor vehicles of the second division weighing not more than | ||||||
| 7 | 8,000 pounds. Plates issued under this Section shall expire | ||||||
| 8 | according to the multi-year procedure established by Section | ||||||
| 9 | 3-414.1 of this Code. | ||||||
| 10 | (b) The design and color of the plates is wholly within the | ||||||
| 11 | discretion of the Secretary. The Secretary may allow the plates | ||||||
| 12 | to be issued as vanity plates or personalized under Section | ||||||
| 13 | 3-405.1 of the Code. The Secretary shall prescribe stickers or | ||||||
| 14 | decals as provided under Section 3-412 of this Code. | ||||||
| 15 | (c) An applicant for the special plate shall be charged a | ||||||
| 16 | $35 fee for original issuance in addition to the appropriate | ||||||
| 17 | registration fee. Of this fee, $20 shall be deposited into the | ||||||
| 18 | Illinois Nurses Foundation Fund and $15 shall be deposited into | ||||||
| 19 | the Secretary of State Special License Plate Fund, to be used | ||||||
| 20 | by the Secretary to help defray administrative processing | ||||||
| 21 | costs. | ||||||
| 22 | For each registration renewal period, a $22 fee, in | ||||||
| 23 | addition to the appropriate registration fee, shall be charged. | ||||||
| 24 | Of this fee, $20 shall be deposited into the Illinois Nurses | ||||||
| 25 | Foundation Fund and $2 shall be deposited into the Secretary of | ||||||
| 26 | State Special License Plate Fund. | ||||||
| |||||||
| |||||||
| 1 | (d) The Illinois Nurses Foundation Fund is created as a | ||||||
| 2 | special fund in the State treasury. All money in the Illinois | ||||||
| 3 | Nurses Foundation Fund shall be paid, subject to appropriation | ||||||
| 4 | by the General Assembly and distribution by the Secretary, as | ||||||
| 5 | grants to the Illinois Nurses Foundation, to promote the health | ||||||
| 6 | of the public by advancing the nursing profession in this | ||||||
| 7 | State.
| ||||||
| 8 | (Source: P.A. 98-150, eff. 1-1-14; revised 10-16-13.)
| ||||||
| 9 | (625 ILCS 5/3-699.4) | ||||||
| 10 | Sec. 3-699.4 3-699. American Red Cross license plates. | ||||||
| 11 | (a) The Secretary, upon receipt of all applicable fees and | ||||||
| 12 | applications
made in the form prescribed by the Secretary, may | ||||||
| 13 | issue special registration
plates designated as
American Red | ||||||
| 14 | Cross
license plates. The special plates issued under this | ||||||
| 15 | Section shall be affixed only to
passenger vehicles of the | ||||||
| 16 | first division or motor vehicles of the second
division | ||||||
| 17 | weighing not more than 8,000 pounds. Plates issued under this | ||||||
| 18 | Section shall expire according to the multi-year
procedure | ||||||
| 19 | established by Section 3-414.1 of this Code. | ||||||
| 20 | (b) The design and color of the special plates shall be | ||||||
| 21 | within the
discretion of the Secretary, but shall include the | ||||||
| 22 | American Red Cross official logo. Appropriate documentation, | ||||||
| 23 | as determined by the
Secretary, shall accompany each | ||||||
| 24 | application.
The Secretary may allow the plates to be issued as | ||||||
| 25 | vanity plates or
personalized plates under Section 3-405.1 of | ||||||
| |||||||
| |||||||
| 1 | this Code. The Secretary shall
prescribe stickers or decals as | ||||||
| 2 | provided under Section 3-412 of this Code. | ||||||
| 3 | (c) An applicant for the special plate shall be charged a | ||||||
| 4 | $40 fee for
original issuance in addition to the appropriate | ||||||
| 5 | registration fee. Of this
fee, $25 shall be deposited into the
| ||||||
| 6 | American Red Cross
Fund and $15 shall be
deposited into the | ||||||
| 7 | Secretary of State Special License Plate Fund, to be used by
| ||||||
| 8 | the Secretary to help defray the administrative processing | ||||||
| 9 | costs. For each registration renewal period, a $27 fee, in | ||||||
| 10 | addition to the
appropriate registration fee, shall be charged. | ||||||
| 11 | Of this fee, $25 shall be
deposited into the
American Red Cross
| ||||||
| 12 | Fund and $2 shall be deposited into the
Secretary of State | ||||||
| 13 | Special License Plate Fund. | ||||||
| 14 | (d) The American Red Cross
Fund is created as a special | ||||||
| 15 | fund in the State
treasury. All moneys in the
American Red | ||||||
| 16 | Cross
Fund shall be paid, subject to
appropriation
by the | ||||||
| 17 | General Assembly
and distribution by the Secretary, as grants | ||||||
| 18 | to the American Red Cross or to charitable entities designated
| ||||||
| 19 | by the
American Red Cross.
| ||||||
| 20 | (Source: P.A. 98-151, eff. 1-1-14; revised 10-16-13.)
| ||||||
| 21 | (625 ILCS 5/3-699.5) | ||||||
| 22 | Sec. 3-699.5 3-699. Illinois Police Benevolent and | ||||||
| 23 | Protective Association license plates. | ||||||
| 24 | (a) The Secretary, upon receipt of an application made in | ||||||
| 25 | the form prescribed by the Secretary, may issue special | ||||||
| |||||||
| |||||||
| 1 | registration plates designated as Illinois Police Benevolent | ||||||
| 2 | and Protective Association license plates. The special plates | ||||||
| 3 | issued under this Section shall be affixed only to passenger | ||||||
| 4 | vehicles of the first division and motor vehicles of the second | ||||||
| 5 | division weighing not more than 8,000 pounds. Plates issued | ||||||
| 6 | under this Section shall expire according to the multi-year | ||||||
| 7 | procedure established by Section 3-414.1 of this Code. | ||||||
| 8 | (b) The design and color of the plates is wholly within the | ||||||
| 9 | discretion of the Secretary. The Secretary may allow the plates | ||||||
| 10 | to be issued as vanity plates or personalized under Section | ||||||
| 11 | 3-405.1 of the Code. The Secretary shall prescribe stickers or | ||||||
| 12 | decals as provided under Section 3-412 of this Code. The | ||||||
| 13 | Secretary may, in his or her discretion, allow the plates to be | ||||||
| 14 | issued as vanity or personalized plates in accordance with | ||||||
| 15 | Section 3-405.1 of this Code. | ||||||
| 16 | (c) An applicant for the special plate shall be charged a | ||||||
| 17 | $25 fee for original issuance in addition to the appropriate | ||||||
| 18 | registration fee. Of this fee, $10 shall be deposited into the | ||||||
| 19 | Illinois Police Benevolent and Protective Association Fund and | ||||||
| 20 | $15 shall be deposited into the Secretary of State Special | ||||||
| 21 | License Plate Fund, to be used by the Secretary to help defray | ||||||
| 22 | the administrative processing costs. | ||||||
| 23 | For each registration renewal period, a $25 fee, in | ||||||
| 24 | addition to the appropriate registration fee, shall be charged. | ||||||
| 25 | Of this fee, $23 shall be deposited into the Illinois Police | ||||||
| 26 | Benevolent and Protective Association Fund and $2 shall be | ||||||
| |||||||
| |||||||
| 1 | deposited into the Secretary of State Special License Plate | ||||||
| 2 | Fund. | ||||||
| 3 | (d) The Illinois Police Benevolent and Protective | ||||||
| 4 | Association Fund is created as a special fund in the State | ||||||
| 5 | treasury. All money in the Illinois Police Benevolent and | ||||||
| 6 | Protective Association Fund shall be paid, subject to | ||||||
| 7 | appropriation by the General Assembly and distribution by the | ||||||
| 8 | Secretary, as grants to the Illinois Police Benevolent and | ||||||
| 9 | Protective Association for the purposes of providing death | ||||||
| 10 | benefits for the families of police officers killed in the line | ||||||
| 11 | of duty, providing scholarships for undergraduate study to | ||||||
| 12 | children and spouses of police officers killed in the line of | ||||||
| 13 | duty, and educating the public and police officers regarding | ||||||
| 14 | policing and public safety.
| ||||||
| 15 | (Source: P.A. 98-233, eff. 1-1-14; revised 10-16-13.)
| ||||||
| 16 | (625 ILCS 5/3-699.6) | ||||||
| 17 | Sec. 3-699.6 3-699. Alzheimer's Awareness license plates. | ||||||
| 18 | (a) The Secretary, upon receipt of an application made in | ||||||
| 19 | the form prescribed by the Secretary, may issue special | ||||||
| 20 | registration plates designated as Alzheimer's Awareness | ||||||
| 21 | license plates. The special plates issued under this Section | ||||||
| 22 | shall be affixed only to passenger vehicles of the first | ||||||
| 23 | division and motor vehicles of the second division weighing not | ||||||
| 24 | more than 8,000 pounds. Plates issued under this Section shall | ||||||
| 25 | expire according to the multi-year procedure established by | ||||||
| |||||||
| |||||||
| 1 | Section 3-414.1 of this Code. | ||||||
| 2 | (b) The design and color of the plates is wholly within the | ||||||
| 3 | discretion of the Secretary. The Secretary may allow the plates | ||||||
| 4 | to be issued as vanity plates or personalized under Section | ||||||
| 5 | 3-405.1 of this Code. The Secretary shall prescribe stickers or | ||||||
| 6 | decals as provided under Section 3-412 of this Code. | ||||||
| 7 | (c) An applicant for the special plate shall be charged a | ||||||
| 8 | $25 fee for original issuance in addition to the appropriate | ||||||
| 9 | registration fee. Of this fee, $10 shall be deposited into the | ||||||
| 10 | Alzheimer's Awareness Fund and $15 shall be deposited into the | ||||||
| 11 | Secretary of State Special License Plate Fund, to be used by | ||||||
| 12 | the Secretary to help defray administrative processing costs. | ||||||
| 13 | For each registration renewal period, a $25 fee, in | ||||||
| 14 | addition to the appropriate registration fee, shall be charged. | ||||||
| 15 | Of this fee, $23 shall be deposited into the Alzheimer's | ||||||
| 16 | Awareness Fund and $2 shall be deposited into the Secretary of | ||||||
| 17 | State Special License Plate Fund. | ||||||
| 18 | (d) The Alzheimer's Awareness Fund is created as a special | ||||||
| 19 | fund in the State treasury. All money in the Alzheimer's | ||||||
| 20 | Awareness Fund shall be paid, subject to appropriation by the | ||||||
| 21 | General Assembly and distribution by the Secretary, as grants | ||||||
| 22 | to the Alzheimer's Disease and Related Disorders Association, | ||||||
| 23 | Greater Illinois Chapter, for Alzheimer's care, support, | ||||||
| 24 | education, and awareness programs.
| ||||||
| 25 | (Source: P.A. 98-259, eff. 1-1-14; revised 10-16-13.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/3-699.7) | ||||||
| 2 | Sec. 3-699.7 3-699. Prince Hall Freemasonry plates. | ||||||
| 3 | (a) The Secretary, upon receipt of all applicable fees and | ||||||
| 4 | applications
made in the form prescribed by the Secretary, may | ||||||
| 5 | issue special registration
plates designated as Prince Hall | ||||||
| 6 | Freemasonry license plates. | ||||||
| 7 | The special plates issued under this Section shall be | ||||||
| 8 | affixed only to
passenger vehicles of the first division or | ||||||
| 9 | motor vehicles of the second
division weighing not more than | ||||||
| 10 | 8,000 pounds. | ||||||
| 11 | Plates issued under this Section shall expire according to | ||||||
| 12 | the multi-year
procedure established by Section 3-414.1 of this | ||||||
| 13 | Code. | ||||||
| 14 | (b) The design and color of the special plates shall be | ||||||
| 15 | wholly within the
discretion of the Secretary. Appropriate | ||||||
| 16 | documentation, as determined by the
Secretary, shall accompany | ||||||
| 17 | each application. | ||||||
| 18 | (c) An applicant for the special plate shall be charged a | ||||||
| 19 | $25 fee for
original issuance in addition to the appropriate | ||||||
| 20 | registration fee. Of this
fee, $10 shall be deposited into the | ||||||
| 21 | Master Mason Fund and $15 shall be
deposited into the Secretary | ||||||
| 22 | of State Special License Plate Fund, to be used by
the | ||||||
| 23 | Secretary to help defray the administrative processing costs. | ||||||
| 24 | For each registration renewal period, a $25 fee, in | ||||||
| 25 | addition to the
appropriate registration fee, shall be charged. | ||||||
| 26 | Of this fee, $23 shall be
deposited into the Master Mason Fund | ||||||
| |||||||
| |||||||
| 1 | and $2 shall be deposited into the
Secretary of State Special | ||||||
| 2 | License Plate Fund.
| ||||||
| 3 | (Source: P.A. 98-300, eff. 1-1-14; revised 10-16-13.)
| ||||||
| 4 | (625 ILCS 5/3-699.8) | ||||||
| 5 | Sec. 3-699.8 3-699. Illinois Police K-9 Memorial Plates. | ||||||
| 6 | (a) The Secretary, upon receipt of all applicable fees and | ||||||
| 7 | applications made in the form prescribed by the Secretary, may | ||||||
| 8 | issue special registration plates designated as Illinois | ||||||
| 9 | Police K-9 Memorial license plates.
The special plates issued | ||||||
| 10 | under this Section shall be affixed only to passenger vehicles | ||||||
| 11 | of the first division or motor vehicles of the second division | ||||||
| 12 | weighing not more than 8,000 pounds.
Plates issued under this | ||||||
| 13 | Section shall expire according to the multi-year procedure | ||||||
| 14 | established by Section 3-414.1 of this Code. | ||||||
| 15 | (b) The design and color of the plates is wholly within the | ||||||
| 16 | discretion of the Secretary. The Secretary may allow the plates | ||||||
| 17 | to be issued as vanity plates or personalized under Section | ||||||
| 18 | 3-405.1 of the Code. Appropriate documentation, as determined | ||||||
| 19 | by the Secretary, shall accompany each application. The | ||||||
| 20 | Secretary shall prescribe stickers or decals as provided under | ||||||
| 21 | Section 3-412 of this Code. | ||||||
| 22 | (c) An applicant shall be charged a $40 fee for original | ||||||
| 23 | issuance in addition to the applicable registration fee. Of | ||||||
| 24 | this additional fee, $15 shall be deposited into the Secretary | ||||||
| 25 | of State Special License Plate Fund and $25 shall be deposited | ||||||
| |||||||
| |||||||
| 1 | into the Illinois Police K-9 Memorial Fund. For each | ||||||
| 2 | registration renewal period, a $27 fee, in addition to the | ||||||
| 3 | appropriate registration fee, shall be charged. Of this | ||||||
| 4 | additional fee, $2 shall be deposited into the Secretary of | ||||||
| 5 | State Special License Plate Fund and $25 shall be deposited | ||||||
| 6 | into the Illinois Police K-9 Memorial Fund. | ||||||
| 7 | (d) The Illinois Police K-9 Memorial Fund is created as a | ||||||
| 8 | special fund in the State treasury. All moneys in the Illinois | ||||||
| 9 | Police K-9 Memorial Fund shall be paid, subject to | ||||||
| 10 | appropriation by the General Assembly and distribution by the | ||||||
| 11 | Secretary, as grants to the Northern Illinois Police K-9 | ||||||
| 12 | Memorial for the creation, operation, and maintenance of a | ||||||
| 13 | police K-9 memorial monument.
| ||||||
| 14 | (Source: P.A. 98-360, eff. 1-1-14; revised 10-16-13.)
| ||||||
| 15 | (625 ILCS 5/3-699.9) | ||||||
| 16 | Sec. 3-699.9 3-699. Public Safety Diver license plates. | ||||||
| 17 | (a) The Secretary, upon receipt of an application made in | ||||||
| 18 | the form prescribed by the Secretary of State, may issue | ||||||
| 19 | special registration plates designated to be Public Safety | ||||||
| 20 | Diver license plates. The special plates issued under this | ||||||
| 21 | Section shall be affixed only to passenger vehicles of the | ||||||
| 22 | first division, motor vehicles of the second division weighing | ||||||
| 23 | not more than 8,000 pounds, and recreational vehicles as | ||||||
| 24 | defined by Section 1-169 of this Code. Plates issued under this | ||||||
| 25 | Section shall expire according to the multi-year procedure | ||||||
| |||||||
| |||||||
| 1 | established by Section 3-414.1 of this Code.
| ||||||
| 2 | (b) The design and color of the plates shall be wholly | ||||||
| 3 | within the discretion of the Secretary of State. Appropriate | ||||||
| 4 | documentation, as determined by the Secretary, shall accompany | ||||||
| 5 | the application. The Secretary may, in his or her discretion, | ||||||
| 6 | allow the plates to be issued as vanity or personalized plates | ||||||
| 7 | in accordance with Section 3-405.1 of this Code. | ||||||
| 8 | (c) An applicant shall be charged a $45 fee for original | ||||||
| 9 | issuance in addition to the appropriate registration fee, if | ||||||
| 10 | applicable. Of this fee, $30 shall be deposited into the Public | ||||||
| 11 | Safety Diver Fund and $15 shall be deposited into the Secretary | ||||||
| 12 | of State Special License Plate Fund. For each registration | ||||||
| 13 | renewal period, a $27 fee, in addition to the appropriate | ||||||
| 14 | registration fee, shall be charged. Of this fee, $25 shall be | ||||||
| 15 | deposited into the Public Safety Diver Fund and $2 shall be | ||||||
| 16 | deposited into the Secretary of State Special License Plate | ||||||
| 17 | Fund. | ||||||
| 18 | (d) The Public Safety Diver Fund is created as a special | ||||||
| 19 | fund in
the State treasury. All moneys in the Public Safety | ||||||
| 20 | Diver Fund shall be
paid, subject to appropriation by the | ||||||
| 21 | General Assembly and
distribution by the Secretary, to the | ||||||
| 22 | Illinois Law Enforcement Training Standards Board for the | ||||||
| 23 | purposes of providing grants based on need for training, | ||||||
| 24 | standards, and equipment to public safety disciplines within | ||||||
| 25 | the State and to units of local government involved in public | ||||||
| 26 | safety diving and water rescue services. | ||||||
| |||||||
| |||||||
| 1 | (e) The Public Safety Diver Advisory Committee shall | ||||||
| 2 | recommend grant rewards with the intent of achieving reasonably | ||||||
| 3 | equitable distribution of funds between police, firefighting, | ||||||
| 4 | and public safety diving services making application for grants | ||||||
| 5 | under this Section. | ||||||
| 6 | (f) The administrative costs related to management of | ||||||
| 7 | grants made from the Public Safety Diver Fund shall be paid | ||||||
| 8 | from the Public Safety Diver Fund to the Illinois Law | ||||||
| 9 | Enforcement Training Standards Board.
| ||||||
| 10 | (Source: P.A. 98-376, eff. 1-1-14; revised 10-16-13.)
| ||||||
| 11 | (625 ILCS 5/3-699.10) | ||||||
| 12 | Sec. 3-699.10 3-699. The H Foundation - Committed to a Cure | ||||||
| 13 | for Cancer plates. | ||||||
| 14 | (a) The Secretary, upon receipt of all applicable fees and | ||||||
| 15 | applications made in the form prescribed by the Secretary, may | ||||||
| 16 | issue special registration plates designated as The H | ||||||
| 17 | Foundation - Committed to a Cure for Cancer license plates.
The | ||||||
| 18 | special plates issued under this Section shall be affixed only | ||||||
| 19 | to passenger vehicles of the first division or motor vehicles | ||||||
| 20 | of the second division weighing not more than 8,000 pounds.
| ||||||
| 21 | Plates issued under this Section shall expire according to the | ||||||
| 22 | multi-year procedure established by Section 3-414.1 of this | ||||||
| 23 | Code. | ||||||
| 24 | (b) The design and color of the special plates shall be | ||||||
| 25 | wholly within the discretion of the Secretary. Appropriate | ||||||
| |||||||
| |||||||
| 1 | documentation, as determined by the Secretary, shall accompany | ||||||
| 2 | each application. | ||||||
| 3 | (c) An applicant for the special plate shall be charged a | ||||||
| 4 | $40 fee for original issuance in addition to the appropriate | ||||||
| 5 | registration fee. Of this fee, $25 shall be deposited into the | ||||||
| 6 | Committed to a Cure Fund and $15 shall be deposited into the | ||||||
| 7 | Secretary of State Special License Plate Fund, to be used by | ||||||
| 8 | the Secretary to help defray the administrative processing | ||||||
| 9 | costs.
For each registration renewal period, a $27 fee, in | ||||||
| 10 | addition to the appropriate registration fee, shall be charged. | ||||||
| 11 | Of this fee, $25 shall be deposited into the Committed to a | ||||||
| 12 | Cure Fund and $2 shall be deposited into the Secretary of State | ||||||
| 13 | Special License Plate Fund. | ||||||
| 14 | (d) The Committed to a Cure Fund is created as a special | ||||||
| 15 | fund in the State treasury. All money in the Committed to a | ||||||
| 16 | Cure Fund shall be paid, subject to appropriation by the | ||||||
| 17 | General Assembly and distribution by the Secretary, as grants | ||||||
| 18 | to the Robert H. Lurie Comprehensive Cancer Center of | ||||||
| 19 | Northwestern University for the purpose of funding scientific | ||||||
| 20 | research on cancer.
| ||||||
| 21 | (Source: P.A. 98-382, eff. 1-1-14; revised 10-16-13.)
| ||||||
| 22 | (625 ILCS 5/3-699.11) | ||||||
| 23 | Sec. 3-699.11 3-699. Retired Law Enforcement license | ||||||
| 24 | plates. | ||||||
| 25 | (a) The Secretary, upon receipt of an application made in | ||||||
| |||||||
| |||||||
| 1 | the form prescribed by the Secretary, may issue special | ||||||
| 2 | registration plates designated as Retired Law Enforcement | ||||||
| 3 | license plates to residents of Illinois who meet eligibility | ||||||
| 4 | requirements prescribed by the Secretary of State. The special | ||||||
| 5 | plates issued under this Section shall be affixed only to | ||||||
| 6 | passenger vehicles of the first division and motor vehicles of | ||||||
| 7 | the second division weighing not more than 8,000 pounds. Plates | ||||||
| 8 | issued under this Section shall expire according to the | ||||||
| 9 | multi-year procedure established by Section 3-414.1 of this | ||||||
| 10 | Code. | ||||||
| 11 | (b) The design and color of the plates is wholly within the | ||||||
| 12 | discretion of the Secretary. The Secretary may allow the plates | ||||||
| 13 | to be issued as vanity plates or personalized under Section | ||||||
| 14 | 3-405.1 of the Code. The Secretary shall prescribe stickers or | ||||||
| 15 | decals as provided under Section 3-412 of this Code. | ||||||
| 16 | (c) An applicant for the special plate shall be charged a | ||||||
| 17 | $25 fee for original issuance in addition to the appropriate | ||||||
| 18 | registration fee. Of this fee, $10 shall be deposited into the | ||||||
| 19 | Illinois Sheriffs' Association Scholarship and Training Fund | ||||||
| 20 | and $15 shall be deposited into the Secretary of State Special | ||||||
| 21 | License Plate Fund, to be used by the Secretary to help defray | ||||||
| 22 | the administrative processing costs. | ||||||
| 23 | For each registration renewal period, a $25 fee, in | ||||||
| 24 | addition to the appropriate registration fee, shall be charged. | ||||||
| 25 | Of this fee, $23 shall be deposited into the Illinois Sheriffs' | ||||||
| 26 | Association Scholarship and Training Fund and $2 shall be | ||||||
| |||||||
| |||||||
| 1 | deposited into the Secretary of State Special License Plate | ||||||
| 2 | Fund. | ||||||
| 3 | (d) The Illinois Sheriffs' Association Scholarship and | ||||||
| 4 | Training Fund is created as a special fund in the State | ||||||
| 5 | treasury. All money in the Illinois Sheriffs' Association | ||||||
| 6 | Scholarship and Training Fund shall be paid, subject to | ||||||
| 7 | appropriation by the General Assembly and distribution by the | ||||||
| 8 | Secretary, as grants to the Illinois Sheriffs' Association, for | ||||||
| 9 | scholarships obtained in a competitive process to attend the | ||||||
| 10 | Illinois Teen Institute or an accredited college or university, | ||||||
| 11 | for programs designed to benefit the elderly and teens, and for | ||||||
| 12 | law enforcement training.
| ||||||
| 13 | (Source: P.A. 98-395, eff. 1-1-14; revised 10-16-13.)
| ||||||
| 14 | (625 ILCS 5/3-699.12) | ||||||
| 15 | Sec. 3-699.12 3-699. Legion of Merit plates. The Secretary, | ||||||
| 16 | upon receipt of an application made in the form prescribed by | ||||||
| 17 | the Secretary of State, may issue special registration plates | ||||||
| 18 | designated as Legion of Merit license plates to recipients | ||||||
| 19 | awarded the Legion of Merit by a branch of the armed forces of | ||||||
| 20 | the United States who reside in Illinois. The special plates | ||||||
| 21 | issued pursuant to this Section should be affixed only to | ||||||
| 22 | passenger vehicles of the 1st division, including motorcycles, | ||||||
| 23 | or motor vehicles of the 2nd division weighing not more than | ||||||
| 24 | 8,000 pounds. The Secretary may, in his or her discretion, | ||||||
| 25 | allow the plates to be issued as vanity or personalized plates | ||||||
| |||||||
| |||||||
| 1 | in accordance with Section 3-405.1 of this Code. The Secretary | ||||||
| 2 | of State must make a version of the special registration plates | ||||||
| 3 | authorized under this Section in a form appropriate for | ||||||
| 4 | motorcycles. | ||||||
| 5 | The design and color of such plates shall be wholly within | ||||||
| 6 | the discretion of the Secretary of State. No registration fee, | ||||||
| 7 | including the fees established under Section 3-806 of this | ||||||
| 8 | Code, shall be charged for the issuance or renewal of any | ||||||
| 9 | plates issued under this Section.
| ||||||
| 10 | (Source: P.A. 98-406, eff. 1-1-14; revised 10-16-13.)
| ||||||
| 11 | (625 ILCS 5/3-699.13) | ||||||
| 12 | Sec. 3-699.13 3-699. Illinois State Police Memorial Park | ||||||
| 13 | license plates. | ||||||
| 14 | (a) The Secretary, upon receipt of an application made in | ||||||
| 15 | the form prescribed by the Secretary of State, may issue | ||||||
| 16 | special registration plates designated as Illinois State | ||||||
| 17 | Police Memorial Park license plates. The special plates issued | ||||||
| 18 | under this Section shall be affixed only to passenger vehicles | ||||||
| 19 | of the first division or motor vehicles of the second division | ||||||
| 20 | weighing not more than 8,000 pounds. Plates issued under this | ||||||
| 21 | Section shall expire according to the multi-year procedure | ||||||
| 22 | established by Section 3-414.1 of this Code.
| ||||||
| 23 | (b) The design and color of the plates shall be wholly | ||||||
| 24 | within the discretion of the Secretary of State. The Secretary | ||||||
| 25 | may, in his or her discretion, allow the plates to be issued as | ||||||
| |||||||
| |||||||
| 1 | vanity or personalized plates in accordance with Section | ||||||
| 2 | 3-405.1 of this Code. The Secretary shall prescribe stickers or | ||||||
| 3 | decals as provided under Section 3-412 of this Code. | ||||||
| 4 | (c) An applicant shall be charged a $25 fee for original | ||||||
| 5 | issuance in addition to the appropriate registration fee, if | ||||||
| 6 | applicable. Of this fee, $10 shall be deposited into the | ||||||
| 7 | Illinois State Police Memorial Park Fund and $15 shall be | ||||||
| 8 | deposited into the Secretary of State Special License Plate | ||||||
| 9 | Fund. For each registration renewal period, a $25 fee, in | ||||||
| 10 | addition to the appropriate registration fee, shall be charged. | ||||||
| 11 | Of this fee, $23 shall be deposited into the Illinois State | ||||||
| 12 | Police Memorial Park Fund and $2 shall be deposited into the | ||||||
| 13 | Secretary of State Special License Plate Fund. | ||||||
| 14 | (d) The Illinois State Police Memorial Park Fund is created | ||||||
| 15 | as a special fund in
the State treasury. All moneys in the | ||||||
| 16 | Illinois State Police Memorial Park Fund shall be
paid, subject | ||||||
| 17 | to appropriation by the General Assembly and
distribution by | ||||||
| 18 | the Secretary, as grants to the Illinois State Police Heritage | ||||||
| 19 | Foundation, Inc. for building and maintaining a memorial and | ||||||
| 20 | park, holding an annual memorial commemoration, giving | ||||||
| 21 | scholarships to children of State police officers killed or | ||||||
| 22 | catastrophically injured in the line of duty, and providing | ||||||
| 23 | financial assistance to police officers and their families when | ||||||
| 24 | a police officer is killed or injured in the line of duty.
| ||||||
| 25 | (Source: P.A. 98-469, eff. 8-16-13; revised 10-16-13.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/3-918) | ||||||
| 2 | Sec. 3-918. Vehicle registration and insurance. Beginning | ||||||
| 3 | with the 2016 registration year, any remittance agent engaged | ||||||
| 4 | in the business of remitting applications for the issuance or | ||||||
| 5 | renewal of vehicle registration shall ask applicants for | ||||||
| 6 | information relating to the insurance policy for the motor | ||||||
| 7 | vehicle, including the name of the insurer that issued the | ||||||
| 8 | policy, the policy number, and the expiration date of the | ||||||
| 9 | policy. This information shall be remitted to the Secretary of | ||||||
| 10 | State as part of the application. Failure to obtain this | ||||||
| 11 | information and supply it to the Secretary of State shall | ||||||
| 12 | subject the remittance agent to suspension or revocation of the | ||||||
| 13 | remittance agent's their license as described in Section 3-907 | ||||||
| 14 | of this Code.
| ||||||
| 15 | (Source: P.A. 98-539, eff. 1-1-14; revised 11-19-13.)
| ||||||
| 16 | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
| ||||||
| 17 | Sec. 5-301. Automotive parts recyclers, scrap processors, | ||||||
| 18 | repairers and
rebuilders must be licensed. | ||||||
| 19 | (a) No person in this State shall, except as an incident to
| ||||||
| 20 | the servicing of vehicles, carry on or conduct the business
of | ||||||
| 21 | an a automotive parts recycler recyclers, a scrap processor, a | ||||||
| 22 | repairer,
or a rebuilder, unless licensed to do so in writing | ||||||
| 23 | by the Secretary of
State under this Section. No person shall | ||||||
| 24 | rebuild a salvage vehicle
unless such person is licensed as a | ||||||
| 25 | rebuilder by the Secretary of State
under this Section. No | ||||||
| |||||||
| |||||||
| 1 | person shall engage in the business of acquiring 5 or more | ||||||
| 2 | previously owned vehicles in one calendar year for the primary | ||||||
| 3 | purpose of disposing of those vehicles in the manner described | ||||||
| 4 | in the definition of a "scrap processor" in this Code unless | ||||||
| 5 | the person is licensed as an automotive parts recycler by the | ||||||
| 6 | Secretary of State under this Section. Each license shall be | ||||||
| 7 | applied for and issued
separately, except that a license issued | ||||||
| 8 | to a new vehicle dealer under
Section 5-101 of this Code shall | ||||||
| 9 | also be deemed to be a repairer license.
| ||||||
| 10 | (b) Any application filed with the Secretary of State, | ||||||
| 11 | shall be duly
verified by oath, in such form as the Secretary | ||||||
| 12 | of State may by rule or
regulation prescribe and shall contain:
| ||||||
| 13 | 1. The name and type of business organization of the | ||||||
| 14 | applicant and
his principal or additional places of | ||||||
| 15 | business, if any, in this State.
| ||||||
| 16 | 2. The kind or kinds of business enumerated in | ||||||
| 17 | subsection (a) of
this Section to be conducted at each | ||||||
| 18 | location.
| ||||||
| 19 | 3. If the applicant is a corporation, a list of its | ||||||
| 20 | officers,
directors, and shareholders having a ten percent | ||||||
| 21 | or greater ownership
interest in the corporation, setting | ||||||
| 22 | forth the residence address of each;
if the applicant is a | ||||||
| 23 | sole proprietorship, a partnership, an unincorporated
| ||||||
| 24 | association, a trust, or any similar form of business | ||||||
| 25 | organization, the
names and residence address of the | ||||||
| 26 | proprietor or of each partner, member,
officer, director, | ||||||
| |||||||
| |||||||
| 1 | trustee or manager.
| ||||||
| 2 | 4. A statement that the applicant's officers, | ||||||
| 3 | directors, shareholders
having a ten percent or greater | ||||||
| 4 | ownership interest therein, proprietor,
partner, member, | ||||||
| 5 | officer, director, trustee, manager, or other principals
| ||||||
| 6 | in the business have not committed in the past three years | ||||||
| 7 | any one
violation as determined in any civil or criminal or | ||||||
| 8 | administrative
proceedings of any one of the following | ||||||
| 9 | Acts:
| ||||||
| 10 | (a) The Anti-Theft Anti Theft Laws of the Illinois | ||||||
| 11 | Vehicle Code;
| ||||||
| 12 | (b) The "Certificate of Title Laws" of the Illinois | ||||||
| 13 | Vehicle Code;
| ||||||
| 14 | (c) The "Offenses against Registration and | ||||||
| 15 | Certificates of Title Laws"
of the Illinois Vehicle | ||||||
| 16 | Code;
| ||||||
| 17 | (d) The "Dealers, Transporters, Wreckers and | ||||||
| 18 | Rebuilders Laws" of the
Illinois Vehicle Code;
| ||||||
| 19 | (e) Section 21-2 of the Criminal Code of 1961 or | ||||||
| 20 | the Criminal Code of 2012, Criminal Trespass to
| ||||||
| 21 | Vehicles; or
| ||||||
| 22 | (f) The Retailers Occupation Tax Act.
| ||||||
| 23 | 5. A statement that the applicant's officers, | ||||||
| 24 | directors, shareholders
having a ten percent or greater | ||||||
| 25 | ownership interest therein, proprietor,
partner, member, | ||||||
| 26 | officer, director, trustee, manager or other principals
in | ||||||
| |||||||
| |||||||
| 1 | the business have not committed in any calendar year 3 or | ||||||
| 2 | more
violations, as determined in any civil or criminal or | ||||||
| 3 | administrative
proceedings, of any one or more of the | ||||||
| 4 | following Acts:
| ||||||
| 5 | (a) The Consumer Finance Act;
| ||||||
| 6 | (b) The Consumer Installment Loan Act;
| ||||||
| 7 | (c) The Retail Installment Sales Act;
| ||||||
| 8 | (d) The Motor Vehicle Retail Installment Sales | ||||||
| 9 | Act;
| ||||||
| 10 | (e) The Interest Act;
| ||||||
| 11 | (f) The Illinois Wage Assignment Act;
| ||||||
| 12 | (g) Part 8 of Article XII of the Code of Civil | ||||||
| 13 | Procedure; or
| ||||||
| 14 | (h) The Consumer Fraud Act.
| ||||||
| 15 | 6. An application for a license shall be accompanied by | ||||||
| 16 | the
following fees:
$50 for applicant's established place | ||||||
| 17 | of business;
$25 for each
additional place of business, if | ||||||
| 18 | any, to which the application pertains;
provided, however, | ||||||
| 19 | that if such an application is made after June 15 of
any | ||||||
| 20 | year, the license fee shall be $25 for applicant's | ||||||
| 21 | established
place
of business plus $12.50 for each | ||||||
| 22 | additional place of business, if
any,
to which the | ||||||
| 23 | application pertains. License fees shall be returnable | ||||||
| 24 | only
in the event that such application shall be denied by | ||||||
| 25 | the Secretary of
State.
| ||||||
| 26 | 7. A statement that the applicant understands Chapter 1 | ||||||
| |||||||
| |||||||
| 1 | through
Chapter 5 of this Code.
| ||||||
| 2 | 8. A statement that the applicant shall comply with
| ||||||
| 3 | subsection (e)
of this Section.
| ||||||
| 4 | (c) Any change which renders no longer accurate any | ||||||
| 5 | information
contained in any application for a license filed | ||||||
| 6 | with the Secretary of
State shall be amended within 30 days | ||||||
| 7 | after the occurrence of such
change on such form as the | ||||||
| 8 | Secretary of State may prescribe by rule or
regulation, | ||||||
| 9 | accompanied by an amendatory fee of $2.
| ||||||
| 10 | (d) Anything in this chapter to the contrary, | ||||||
| 11 | notwithstanding, no
person shall be licensed under this Section | ||||||
| 12 | unless such person shall
maintain an established place of | ||||||
| 13 | business as defined in this Chapter.
| ||||||
| 14 | (e) The Secretary of State shall within a reasonable time | ||||||
| 15 | after
receipt thereof, examine an application submitted to him | ||||||
| 16 | under this
Section and unless he makes a determination that the | ||||||
| 17 | application
submitted to him does not conform with the | ||||||
| 18 | requirements of this Section
or that grounds exist for a denial | ||||||
| 19 | of the application, as prescribed in
Section 5-501 of this | ||||||
| 20 | Chapter, grant the applicant an original license
as applied for | ||||||
| 21 | in writing for his established place of business and a
| ||||||
| 22 | supplemental license in writing for each additional place of
| ||||||
| 23 | business in such form as he may prescribe by rule or regulation | ||||||
| 24 | which shall
include the following:
| ||||||
| 25 | 1. The name of the person licensed;
| ||||||
| 26 | 2. If a corporation, the name and address of its | ||||||
| |||||||
| |||||||
| 1 | officers or if a
sole proprietorship, a partnership, an | ||||||
| 2 | unincorporated association or any
similar form of business | ||||||
| 3 | organization, the name and address of the
proprietor or of | ||||||
| 4 | each partner, member, officer, director, trustee or | ||||||
| 5 | manager;
| ||||||
| 6 | 3. A designation of the kind or kinds of business | ||||||
| 7 | enumerated in
subsection (a) of this Section to be | ||||||
| 8 | conducted at each location;
| ||||||
| 9 | 4. In the case of an original license, the established | ||||||
| 10 | place of
business of the licensee;
| ||||||
| 11 | 5. In the case of a supplemental license, the | ||||||
| 12 | established place of
business of the licensee and the | ||||||
| 13 | additional place of business to which such
supplemental | ||||||
| 14 | license pertains.
| ||||||
| 15 | (f) The appropriate instrument evidencing the license or a | ||||||
| 16 | certified
copy thereof, provided by the Secretary of State | ||||||
| 17 | shall be kept, posted,
conspicuously in the established place | ||||||
| 18 | of business of the
licensee and in each additional place of | ||||||
| 19 | business, if any, maintained by
such licensee. The licensee | ||||||
| 20 | also shall post conspicuously in the
established place of | ||||||
| 21 | business and in each additional place of business a
notice | ||||||
| 22 | which states that such business is required to be licensed by | ||||||
| 23 | the
Secretary of State under Section 5-301, and which provides | ||||||
| 24 | the license
number of the business and the license expiration | ||||||
| 25 | date. This notice also
shall advise the consumer that any | ||||||
| 26 | complaints as to the quality of service
may be brought to the | ||||||
| |||||||
| |||||||
| 1 | attention of the Attorney General. The information
required on | ||||||
| 2 | this notice also shall be printed conspicuously on all
| ||||||
| 3 | estimates and receipts for work by the licensee subject to this | ||||||
| 4 | Section.
The Secretary of State shall prescribe the specific | ||||||
| 5 | format of this notice.
| ||||||
| 6 | (g) Except as provided in subsection (h) hereof, licenses | ||||||
| 7 | granted
under this Section shall expire by operation of law on | ||||||
| 8 | December 31 of
the calendar year for which they are granted | ||||||
| 9 | unless sooner revoked or
cancelled under the provisions of | ||||||
| 10 | Section 5-501 of this Chapter.
| ||||||
| 11 | (h) Any license granted under this Section may be renewed | ||||||
| 12 | upon
application and payment of the fee required herein as in | ||||||
| 13 | the case of an
original license, provided, however, that in | ||||||
| 14 | case an application for the
renewal of an effective license is | ||||||
| 15 | made during the month of December,
such effective license shall | ||||||
| 16 | remain in force until such application is
granted or denied by | ||||||
| 17 | the Secretary of State.
| ||||||
| 18 | (i) All automotive
repairers and
rebuilders shall, in | ||||||
| 19 | addition to the requirements of subsections (a)
through
(h) of | ||||||
| 20 | this Section, meet the following licensing requirements:
| ||||||
| 21 | 1. Provide proof that the property on which first time
| ||||||
| 22 | applicants plan to
do business is in compliance with local | ||||||
| 23 | zoning laws and regulations, and
a listing of zoning | ||||||
| 24 | classification;
| ||||||
| 25 | 2. Provide proof that the applicant for a repairer's
| ||||||
| 26 | license complies
with the proper workers' compensation | ||||||
| |||||||
| |||||||
| 1 | rate code or classification, and
listing the code of | ||||||
| 2 | classification for that industry;
| ||||||
| 3 | 3. Provide proof that the applicant for a rebuilder's
| ||||||
| 4 | license complies
with the proper workers' compensation | ||||||
| 5 | rate code or classification for the
repair industry or the | ||||||
| 6 | auto parts recycling industry and listing the code
of | ||||||
| 7 | classification;
| ||||||
| 8 | 4. Provide proof that the applicant has obtained or
| ||||||
| 9 | applied for a
hazardous waste generator number, and listing | ||||||
| 10 | the actual number if
available or certificate of exemption;
| ||||||
| 11 | 5. Provide proof that applicant has proper liability
| ||||||
| 12 | insurance, and
listing the name of the insurer and the | ||||||
| 13 | policy number; and
| ||||||
| 14 | 6. Provide proof that the applicant has obtained or
| ||||||
| 15 | applied for the proper
State sales tax classification and | ||||||
| 16 | federal identification tax number, and
listing the actual | ||||||
| 17 | numbers if available.
| ||||||
| 18 | (i-1) All automotive repairers shall provide proof that | ||||||
| 19 | they comply with all requirements of the Automotive Collision | ||||||
| 20 | Repair Act.
| ||||||
| 21 | (j) All automotive
parts
recyclers shall, in addition to | ||||||
| 22 | the requirements of subsections (a) through
(h) of this | ||||||
| 23 | Section, meet the following licensing requirements:
| ||||||
| 24 | 1. Provide a A statement that the applicant purchases 5 | ||||||
| 25 | vehicles
per year or has 5
hulks or chassis in stock;
| ||||||
| 26 | 2. Provide proof that the property on which all first
| ||||||
| |||||||
| |||||||
| 1 | time applicants will
do business does comply to the proper | ||||||
| 2 | local zoning laws in existence, and
a listing of zoning | ||||||
| 3 | classifications;
| ||||||
| 4 | 3. Provide proof that applicant complies with the
| ||||||
| 5 | proper workers'
compensation rate code or classification, | ||||||
| 6 | and listing the code of
classification; and
| ||||||
| 7 | 4. Provide proof that applicant has obtained or
applied | ||||||
| 8 | for the proper
State sales tax classification and federal | ||||||
| 9 | identification tax number, and
listing the actual numbers | ||||||
| 10 | if available.
| ||||||
| 11 | (Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13; | ||||||
| 12 | revised 9-24-13.)
| ||||||
| 13 | (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| ||||||
| 14 | (Text of Section before amendment by P.A. 98-167)
| ||||||
| 15 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
| 16 | or granted
permits. The Secretary of State shall not issue, | ||||||
| 17 | renew, or
allow the retention of any driver's
license nor issue | ||||||
| 18 | any permit under this Code:
| ||||||
| 19 | 1. To any person, as a driver, who is under the age of | ||||||
| 20 | 18 years except
as provided in Section 6-107, and except | ||||||
| 21 | that an instruction permit may be
issued under Section | ||||||
| 22 | 6-107.1 to a child who
is not less than 15 years of age if | ||||||
| 23 | the child is enrolled in an approved
driver education | ||||||
| 24 | course as defined in Section 1-103 of this Code and
| ||||||
| 25 | requires an instruction permit to participate therein, | ||||||
| |||||||
| |||||||
| 1 | except that an
instruction permit may be issued under the | ||||||
| 2 | provisions of Section 6-107.1
to a child who is 17 years | ||||||
| 3 | and 3 months of age without the child having
enrolled in an
| ||||||
| 4 | approved driver education course and except that an
| ||||||
| 5 | instruction permit may be issued to a child who is at least | ||||||
| 6 | 15 years and 3
months of age, is enrolled in school, meets | ||||||
| 7 | the educational requirements of
the Driver Education Act, | ||||||
| 8 | and has passed examinations the Secretary of State in
his | ||||||
| 9 | or her discretion may prescribe;
| ||||||
| 10 | 2. To any person who is under the age of 18 as an | ||||||
| 11 | operator of a motorcycle
other than a motor driven cycle | ||||||
| 12 | unless the person has, in addition to
meeting the | ||||||
| 13 | provisions of Section 6-107 of this Code, successfully
| ||||||
| 14 | completed a motorcycle
training course approved by the | ||||||
| 15 | Illinois Department of Transportation and
successfully | ||||||
| 16 | completes the required Secretary of State's motorcycle | ||||||
| 17 | driver's
examination;
| ||||||
| 18 | 3. To any person, as a driver, whose driver's license | ||||||
| 19 | or permit has been
suspended, during the suspension, nor to | ||||||
| 20 | any person whose driver's license or
permit has been | ||||||
| 21 | revoked, except as provided in Sections 6-205, 6-206, and
| ||||||
| 22 | 6-208;
| ||||||
| 23 | 4. To any person, as a driver, who is a user of alcohol | ||||||
| 24 | or any other
drug to a degree that renders the person | ||||||
| 25 | incapable of safely driving a motor
vehicle;
| ||||||
| 26 | 5. To any person, as a driver, who has previously been | ||||||
| |||||||
| |||||||
| 1 | adjudged to be
afflicted with or suffering from any mental | ||||||
| 2 | or physical disability or disease
and who has not at the | ||||||
| 3 | time of application been restored to competency by the
| ||||||
| 4 | methods provided by law;
| ||||||
| 5 | 6. To any person, as a driver, who is required by the | ||||||
| 6 | Secretary of State
to submit an alcohol and drug evaluation | ||||||
| 7 | or take an examination provided
for in this Code unless the | ||||||
| 8 | person has
successfully passed the examination and | ||||||
| 9 | submitted any required evaluation;
| ||||||
| 10 | 7. To any person who is required under the provisions | ||||||
| 11 | of the laws of
this State to deposit security or proof of | ||||||
| 12 | financial responsibility and who
has not deposited the | ||||||
| 13 | security or proof;
| ||||||
| 14 | 8. To any person when the Secretary of State has good | ||||||
| 15 | cause to believe
that the person by reason of physical or | ||||||
| 16 | mental disability would not be
able to safely operate a | ||||||
| 17 | motor vehicle upon the highways, unless the
person shall | ||||||
| 18 | furnish to the Secretary of State a verified written
| ||||||
| 19 | statement, acceptable to the Secretary of State, from a | ||||||
| 20 | competent medical
specialist, a licensed physician | ||||||
| 21 | assistant who has been delegated the performance of medical | ||||||
| 22 | examinations by his or her supervising physician, or a | ||||||
| 23 | licensed advanced practice nurse who has a written | ||||||
| 24 | collaborative agreement with a collaborating physician | ||||||
| 25 | which authorizes him or her to perform medical | ||||||
| 26 | examinations, to the effect that the operation of a motor | ||||||
| |||||||
| |||||||
| 1 | vehicle by the
person would not be inimical to the public | ||||||
| 2 | safety;
| ||||||
| 3 | 9. To any person, as a driver, who is 69 years of age | ||||||
| 4 | or older, unless
the person has successfully complied with | ||||||
| 5 | the provisions of Section 6-109;
| ||||||
| 6 | 10. To any person convicted, within 12 months of | ||||||
| 7 | application for a
license, of any of the sexual offenses | ||||||
| 8 | enumerated in paragraph 2 of subsection
(b) of Section | ||||||
| 9 | 6-205;
| ||||||
| 10 | 11. To any person who is under the age of 21 years with | ||||||
| 11 | a classification
prohibited in paragraph (b) of Section | ||||||
| 12 | 6-104 and to any person who is under
the age of 18 years | ||||||
| 13 | with a classification prohibited in paragraph (c) of
| ||||||
| 14 | Section 6-104;
| ||||||
| 15 | 12. To any person who has been either convicted of or | ||||||
| 16 | adjudicated under
the Juvenile Court Act of 1987 based upon | ||||||
| 17 | a violation of the Cannabis Control
Act, the Illinois | ||||||
| 18 | Controlled Substances Act, or the Methamphetamine Control | ||||||
| 19 | and Community Protection Act while that person was in | ||||||
| 20 | actual
physical control of a motor vehicle. For purposes of | ||||||
| 21 | this Section, any person
placed on probation under Section | ||||||
| 22 | 10 of the Cannabis Control Act, Section 410
of the Illinois | ||||||
| 23 | Controlled Substances Act, or Section 70 of the | ||||||
| 24 | Methamphetamine Control and Community Protection Act shall | ||||||
| 25 | not be considered convicted.
Any person found guilty of | ||||||
| 26 | this offense, while in actual physical control of a
motor | ||||||
| |||||||
| |||||||
| 1 | vehicle, shall have an entry made in the court record by | ||||||
| 2 | the judge that
this offense did occur while the person was | ||||||
| 3 | in actual physical control of a
motor vehicle and order the | ||||||
| 4 | clerk of the court to report the violation to the
Secretary | ||||||
| 5 | of State as such. The Secretary of State shall not issue a | ||||||
| 6 | new
license or permit for a period of one year;
| ||||||
| 7 | 13. To any person who is under the age of 18 years and | ||||||
| 8 | who has committed
the offense
of operating a motor vehicle | ||||||
| 9 | without a valid license or permit in violation of
Section | ||||||
| 10 | 6-101 or a similar out of state offense;
| ||||||
| 11 | 14. To any person who is
90 days or more
delinquent in | ||||||
| 12 | court ordered child support
payments or has been | ||||||
| 13 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
| 14 | obligation or more
and who has been found in contempt
of
| ||||||
| 15 | court for failure to pay the support, subject to the | ||||||
| 16 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
| 17 | the Illinois Vehicle Code;
| ||||||
| 18 | 14.5. To any person certified by the Illinois | ||||||
| 19 | Department of Healthcare and Family Services as being 90 | ||||||
| 20 | days or more delinquent in payment of support under an | ||||||
| 21 | order of support entered by a court or administrative body | ||||||
| 22 | of this or any other State, subject to the requirements and | ||||||
| 23 | procedures of Article VII of Chapter 7 of this Code | ||||||
| 24 | regarding those certifications;
| ||||||
| 25 | 15. To any person released from a term of imprisonment | ||||||
| 26 | for violating
Section 9-3 of the Criminal Code of 1961 or | ||||||
| |||||||
| |||||||
| 1 | the Criminal Code of 2012, or a similar provision of a law | ||||||
| 2 | of another state relating to reckless homicide or for | ||||||
| 3 | violating subparagraph (F) of paragraph (1) of subsection | ||||||
| 4 | (d) of Section 11-501 of this Code relating to aggravated | ||||||
| 5 | driving under the influence of alcohol, other drug or | ||||||
| 6 | drugs, intoxicating compound or compounds, or any | ||||||
| 7 | combination thereof, if the violation was the proximate | ||||||
| 8 | cause of a death, within
24 months of release from a term | ||||||
| 9 | of imprisonment;
| ||||||
| 10 | 16. To any person who, with intent to influence any act | ||||||
| 11 | related to the issuance of any driver's license or permit, | ||||||
| 12 | by an employee of the Secretary of State's Office, or the | ||||||
| 13 | owner or employee of any commercial driver training school | ||||||
| 14 | licensed by the Secretary of State, or any other individual | ||||||
| 15 | authorized by the laws of this State to give driving | ||||||
| 16 | instructions or administer all or part of a driver's | ||||||
| 17 | license examination, promises or tenders to that person any | ||||||
| 18 | property or personal advantage which that person is not | ||||||
| 19 | authorized by law to accept. Any persons promising or | ||||||
| 20 | tendering such property or personal advantage shall be | ||||||
| 21 | disqualified from holding any class of driver's license or | ||||||
| 22 | permit for 120 consecutive days. The Secretary of State | ||||||
| 23 | shall establish by rule the procedures for implementing | ||||||
| 24 | this period of disqualification and the procedures by which | ||||||
| 25 | persons so disqualified may obtain administrative review | ||||||
| 26 | of the decision to disqualify;
| ||||||
| |||||||
| |||||||
| 1 | 17. To any person for whom the Secretary of State | ||||||
| 2 | cannot verify the
accuracy of any information or | ||||||
| 3 | documentation submitted in application for a
driver's | ||||||
| 4 | license; or
| ||||||
| 5 | 18. To any person who has been adjudicated under the | ||||||
| 6 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
| 7 | determined by the court to have been committed in | ||||||
| 8 | furtherance of the criminal activities of an organized | ||||||
| 9 | gang, as provided in Section 5-710 of that Act, and that | ||||||
| 10 | involved the operation or use of a motor vehicle or the use | ||||||
| 11 | of a driver's license or permit. The person shall be denied | ||||||
| 12 | a license or permit for the period determined by the court.
| ||||||
| 13 | The Secretary of State shall retain all conviction
| ||||||
| 14 | information, if the information is required to be held | ||||||
| 15 | confidential under
the Juvenile Court Act of 1987. | ||||||
| 16 | (Source: P.A. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10; | ||||||
| 17 | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff. | ||||||
| 18 | 7-22-11; 97-1150, eff. 1-25-13.)
| ||||||
| 19 | (Text of Section after amendment by P.A. 98-167)
| ||||||
| 20 | Sec. 6-103. What persons shall not be licensed as drivers | ||||||
| 21 | or granted
permits. The Secretary of State shall not issue, | ||||||
| 22 | renew, or
allow the retention of any driver's
license nor issue | ||||||
| 23 | any permit under this Code:
| ||||||
| 24 | 1. To any person, as a driver, who is under the age of | ||||||
| 25 | 18 years except
as provided in Section 6-107, and except | ||||||
| |||||||
| |||||||
| 1 | that an instruction permit may be
issued under Section | ||||||
| 2 | 6-107.1 to a child who
is not less than 15 years of age if | ||||||
| 3 | the child is enrolled in an approved
driver education | ||||||
| 4 | course as defined in Section 1-103 of this Code and
| ||||||
| 5 | requires an instruction permit to participate therein, | ||||||
| 6 | except that an
instruction permit may be issued under the | ||||||
| 7 | provisions of Section 6-107.1
to a child who is 17 years | ||||||
| 8 | and 3 months of age without the child having
enrolled in an
| ||||||
| 9 | approved driver education course and except that an
| ||||||
| 10 | instruction permit may be issued to a child who is at least | ||||||
| 11 | 15 years and 3
months of age, is enrolled in school, meets | ||||||
| 12 | the educational requirements of
the Driver Education Act, | ||||||
| 13 | and has passed examinations the Secretary of State in
his | ||||||
| 14 | or her discretion may prescribe;
| ||||||
| 15 | 1.5. To any person at least 18 years of age but less | ||||||
| 16 | than 21 years of age unless the person has, in addition to | ||||||
| 17 | any other requirements of this Code, successfully | ||||||
| 18 | completed an adult driver education course as provided in | ||||||
| 19 | Section 6-107.5 of this Code; .
| ||||||
| 20 | 2. To any person who is under the age of 18 as an | ||||||
| 21 | operator of a motorcycle
other than a motor driven cycle | ||||||
| 22 | unless the person has, in addition to
meeting the | ||||||
| 23 | provisions of Section 6-107 of this Code, successfully
| ||||||
| 24 | completed a motorcycle
training course approved by the | ||||||
| 25 | Illinois Department of Transportation and
successfully | ||||||
| 26 | completes the required Secretary of State's motorcycle | ||||||
| |||||||
| |||||||
| 1 | driver's
examination;
| ||||||
| 2 | 3. To any person, as a driver, whose driver's license | ||||||
| 3 | or permit has been
suspended, during the suspension, nor to | ||||||
| 4 | any person whose driver's license or
permit has been | ||||||
| 5 | revoked, except as provided in Sections 6-205, 6-206, and
| ||||||
| 6 | 6-208;
| ||||||
| 7 | 4. To any person, as a driver, who is a user of alcohol | ||||||
| 8 | or any other
drug to a degree that renders the person | ||||||
| 9 | incapable of safely driving a motor
vehicle;
| ||||||
| 10 | 5. To any person, as a driver, who has previously been | ||||||
| 11 | adjudged to be
afflicted with or suffering from any mental | ||||||
| 12 | or physical disability or disease
and who has not at the | ||||||
| 13 | time of application been restored to competency by the
| ||||||
| 14 | methods provided by law;
| ||||||
| 15 | 6. To any person, as a driver, who is required by the | ||||||
| 16 | Secretary of State
to submit an alcohol and drug evaluation | ||||||
| 17 | or take an examination provided
for in this Code unless the | ||||||
| 18 | person has
successfully passed the examination and | ||||||
| 19 | submitted any required evaluation;
| ||||||
| 20 | 7. To any person who is required under the provisions | ||||||
| 21 | of the laws of
this State to deposit security or proof of | ||||||
| 22 | financial responsibility and who
has not deposited the | ||||||
| 23 | security or proof;
| ||||||
| 24 | 8. To any person when the Secretary of State has good | ||||||
| 25 | cause to believe
that the person by reason of physical or | ||||||
| 26 | mental disability would not be
able to safely operate a | ||||||
| |||||||
| |||||||
| 1 | motor vehicle upon the highways, unless the
person shall | ||||||
| 2 | furnish to the Secretary of State a verified written
| ||||||
| 3 | statement, acceptable to the Secretary of State, from a | ||||||
| 4 | competent medical
specialist, a licensed physician | ||||||
| 5 | assistant who has been delegated the performance of medical | ||||||
| 6 | examinations by his or her supervising physician, or a | ||||||
| 7 | licensed advanced practice nurse who has a written | ||||||
| 8 | collaborative agreement with a collaborating physician | ||||||
| 9 | which authorizes him or her to perform medical | ||||||
| 10 | examinations, to the effect that the operation of a motor | ||||||
| 11 | vehicle by the
person would not be inimical to the public | ||||||
| 12 | safety;
| ||||||
| 13 | 9. To any person, as a driver, who is 69 years of age | ||||||
| 14 | or older, unless
the person has successfully complied with | ||||||
| 15 | the provisions of Section 6-109;
| ||||||
| 16 | 10. To any person convicted, within 12 months of | ||||||
| 17 | application for a
license, of any of the sexual offenses | ||||||
| 18 | enumerated in paragraph 2 of subsection
(b) of Section | ||||||
| 19 | 6-205;
| ||||||
| 20 | 11. To any person who is under the age of 21 years with | ||||||
| 21 | a classification
prohibited in paragraph (b) of Section | ||||||
| 22 | 6-104 and to any person who is under
the age of 18 years | ||||||
| 23 | with a classification prohibited in paragraph (c) of
| ||||||
| 24 | Section 6-104;
| ||||||
| 25 | 12. To any person who has been either convicted of or | ||||||
| 26 | adjudicated under
the Juvenile Court Act of 1987 based upon | ||||||
| |||||||
| |||||||
| 1 | a violation of the Cannabis Control
Act, the Illinois | ||||||
| 2 | Controlled Substances Act, or the Methamphetamine Control | ||||||
| 3 | and Community Protection Act while that person was in | ||||||
| 4 | actual
physical control of a motor vehicle. For purposes of | ||||||
| 5 | this Section, any person
placed on probation under Section | ||||||
| 6 | 10 of the Cannabis Control Act, Section 410
of the Illinois | ||||||
| 7 | Controlled Substances Act, or Section 70 of the | ||||||
| 8 | Methamphetamine Control and Community Protection Act shall | ||||||
| 9 | not be considered convicted.
Any person found guilty of | ||||||
| 10 | this offense, while in actual physical control of a
motor | ||||||
| 11 | vehicle, shall have an entry made in the court record by | ||||||
| 12 | the judge that
this offense did occur while the person was | ||||||
| 13 | in actual physical control of a
motor vehicle and order the | ||||||
| 14 | clerk of the court to report the violation to the
Secretary | ||||||
| 15 | of State as such. The Secretary of State shall not issue a | ||||||
| 16 | new
license or permit for a period of one year;
| ||||||
| 17 | 13. To any person who is under the age of 18 years and | ||||||
| 18 | who has committed
the offense
of operating a motor vehicle | ||||||
| 19 | without a valid license or permit in violation of
Section | ||||||
| 20 | 6-101 or a similar out of state offense;
| ||||||
| 21 | 14. To any person who is
90 days or more
delinquent in | ||||||
| 22 | court ordered child support
payments or has been | ||||||
| 23 | adjudicated in arrears
in an amount equal to 90 days' | ||||||
| 24 | obligation or more
and who has been found in contempt
of
| ||||||
| 25 | court for failure to pay the support, subject to the | ||||||
| 26 | requirements and
procedures of Article VII of Chapter 7 of
| ||||||
| |||||||
| |||||||
| 1 | the Illinois Vehicle Code;
| ||||||
| 2 | 14.5. To any person certified by the Illinois | ||||||
| 3 | Department of Healthcare and Family Services as being 90 | ||||||
| 4 | days or more delinquent in payment of support under an | ||||||
| 5 | order of support entered by a court or administrative body | ||||||
| 6 | of this or any other State, subject to the requirements and | ||||||
| 7 | procedures of Article VII of Chapter 7 of this Code | ||||||
| 8 | regarding those certifications;
| ||||||
| 9 | 15. To any person released from a term of imprisonment | ||||||
| 10 | for violating
Section 9-3 of the Criminal Code of 1961 or | ||||||
| 11 | the Criminal Code of 2012, or a similar provision of a law | ||||||
| 12 | of another state relating to reckless homicide or for | ||||||
| 13 | violating subparagraph (F) of paragraph (1) of subsection | ||||||
| 14 | (d) of Section 11-501 of this Code relating to aggravated | ||||||
| 15 | driving under the influence of alcohol, other drug or | ||||||
| 16 | drugs, intoxicating compound or compounds, or any | ||||||
| 17 | combination thereof, if the violation was the proximate | ||||||
| 18 | cause of a death, within
24 months of release from a term | ||||||
| 19 | of imprisonment;
| ||||||
| 20 | 16. To any person who, with intent to influence any act | ||||||
| 21 | related to the issuance of any driver's license or permit, | ||||||
| 22 | by an employee of the Secretary of State's Office, or the | ||||||
| 23 | owner or employee of any commercial driver training school | ||||||
| 24 | licensed by the Secretary of State, or any other individual | ||||||
| 25 | authorized by the laws of this State to give driving | ||||||
| 26 | instructions or administer all or part of a driver's | ||||||
| |||||||
| |||||||
| 1 | license examination, promises or tenders to that person any | ||||||
| 2 | property or personal advantage which that person is not | ||||||
| 3 | authorized by law to accept. Any persons promising or | ||||||
| 4 | tendering such property or personal advantage shall be | ||||||
| 5 | disqualified from holding any class of driver's license or | ||||||
| 6 | permit for 120 consecutive days. The Secretary of State | ||||||
| 7 | shall establish by rule the procedures for implementing | ||||||
| 8 | this period of disqualification and the procedures by which | ||||||
| 9 | persons so disqualified may obtain administrative review | ||||||
| 10 | of the decision to disqualify;
| ||||||
| 11 | 17. To any person for whom the Secretary of State | ||||||
| 12 | cannot verify the
accuracy of any information or | ||||||
| 13 | documentation submitted in application for a
driver's | ||||||
| 14 | license; or
| ||||||
| 15 | 18. To any person who has been adjudicated under the | ||||||
| 16 | Juvenile Court Act of 1987 based upon an offense that is | ||||||
| 17 | determined by the court to have been committed in | ||||||
| 18 | furtherance of the criminal activities of an organized | ||||||
| 19 | gang, as provided in Section 5-710 of that Act, and that | ||||||
| 20 | involved the operation or use of a motor vehicle or the use | ||||||
| 21 | of a driver's license or permit. The person shall be denied | ||||||
| 22 | a license or permit for the period determined by the court.
| ||||||
| 23 | The Secretary of State shall retain all conviction
| ||||||
| 24 | information, if the information is required to be held | ||||||
| 25 | confidential under
the Juvenile Court Act of 1987. | ||||||
| 26 | (Source: P.A. 97-185, eff. 7-22-11; 97-1150, eff. 1-25-13; | ||||||
| |||||||
| |||||||
| 1 | 98-167, eff. 7-1-14; revised 9-18-13.)
| ||||||
| 2 | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| ||||||
| 3 | Sec. 6-106. Application for license or instruction permit.
| ||||||
| 4 | (a) Every application for any permit or license authorized | ||||||
| 5 | to be issued
under this Code Act shall be made upon a form | ||||||
| 6 | furnished by the Secretary of
State. Every application shall be | ||||||
| 7 | accompanied by the proper fee and payment
of such fee shall | ||||||
| 8 | entitle the applicant to not more than 3 attempts to pass
the | ||||||
| 9 | examination within a period of one 1 year after the date of | ||||||
| 10 | application.
| ||||||
| 11 | (b) Every application shall state the legal name, social | ||||||
| 12 | security
number, zip
code, date of birth, sex, and residence | ||||||
| 13 | address of the applicant; briefly
describe the applicant; state | ||||||
| 14 | whether the applicant has theretofore been
licensed as a | ||||||
| 15 | driver, and, if so, when and by what state or country, and
| ||||||
| 16 | whether any such license has ever been cancelled, suspended, | ||||||
| 17 | revoked or
refused, and, if so, the date and reason for such | ||||||
| 18 | cancellation, suspension,
revocation or refusal; shall include | ||||||
| 19 | an affirmation by the applicant that
all information set forth | ||||||
| 20 | is true and correct; and shall bear the
applicant's signature. | ||||||
| 21 | In addition to the residence address, the Secretary may allow | ||||||
| 22 | the applicant to provide a mailing address. In the case of an | ||||||
| 23 | applicant who is a judicial officer or peace officer, the | ||||||
| 24 | Secretary may allow the applicant to provide an office or work | ||||||
| 25 | address in lieu of a residence or mailing address. The | ||||||
| |||||||
| |||||||
| 1 | application form may
also require the statement of such | ||||||
| 2 | additional relevant information as the
Secretary of State shall | ||||||
| 3 | deem necessary to determine the applicant's
competency and | ||||||
| 4 | eligibility. The Secretary of State may, in his
discretion, by | ||||||
| 5 | rule or regulation, provide that an application for a
drivers | ||||||
| 6 | license or permit may include a suitable photograph of the
| ||||||
| 7 | applicant in the
form prescribed by the Secretary, and he may | ||||||
| 8 | further provide that each
drivers license shall include a | ||||||
| 9 | photograph of the driver. The Secretary of
State may utilize a | ||||||
| 10 | photograph process or system most suitable to deter
alteration | ||||||
| 11 | or improper reproduction of a drivers license and to prevent
| ||||||
| 12 | substitution of another photo thereon.
For the purposes of this | ||||||
| 13 | subsection (b), "peace officer" means any person who by virtue | ||||||
| 14 | of his or her office or public employment is vested by law with | ||||||
| 15 | a duty to maintain public order or to make arrests for a | ||||||
| 16 | violation of any penal statute of this State, whether that duty | ||||||
| 17 | extends to all violations or is limited to specific violations.
| ||||||
| 18 | (c) The application form shall include a notice to the | ||||||
| 19 | applicant of the
registration obligations of sex offenders | ||||||
| 20 | under the Sex Offender Registration
Act. The notice shall be | ||||||
| 21 | provided in a form and manner prescribed by the
Secretary of | ||||||
| 22 | State. For purposes of this subsection (c), "sex offender" has
| ||||||
| 23 | the meaning ascribed to it in Section 2 of the Sex Offender | ||||||
| 24 | Registration Act.
| ||||||
| 25 | (d) Any male United States citizen or immigrant who applies | ||||||
| 26 | for any
permit or
license authorized to be issued under this | ||||||
| |||||||
| |||||||
| 1 | Code Act or for a renewal of any permit
or
license,
and who is | ||||||
| 2 | at least 18 years of age but less than 26 years of age, must be
| ||||||
| 3 | registered in compliance with the requirements of the federal | ||||||
| 4 | Military
Selective
Service Act.
The Secretary of State must | ||||||
| 5 | forward in an electronic format the necessary
personal | ||||||
| 6 | information regarding the applicants identified in this | ||||||
| 7 | subsection (d)
to
the Selective Service System. The applicant's | ||||||
| 8 | signature on the application
serves
as an indication that the | ||||||
| 9 | applicant either has already registered with the
Selective
| ||||||
| 10 | Service System or that he is authorizing the Secretary to | ||||||
| 11 | forward to the
Selective
Service System the necessary | ||||||
| 12 | information for registration. The Secretary must
notify the | ||||||
| 13 | applicant at the time of application that his signature | ||||||
| 14 | constitutes
consent to registration with the Selective Service | ||||||
| 15 | System, if he is not already
registered.
| ||||||
| 16 | (e) Beginning on or before July 1, 2015, for each original | ||||||
| 17 | or renewal driver's license application under this Code Act, | ||||||
| 18 | the Secretary shall inquire as to whether the applicant is a | ||||||
| 19 | veteran for purposes of issuing a driver's license with a | ||||||
| 20 | veteran designation under subsection (e-5) of Section 6-110 of | ||||||
| 21 | this Code Chapter. The acceptable forms of proof shall include, | ||||||
| 22 | but are not limited to, Department of Defense form DD-214. The | ||||||
| 23 | Secretary shall determine by rule what other forms of proof of | ||||||
| 24 | a person's status as a veteran are acceptable. | ||||||
| 25 | The Illinois Department of Veterans' Affairs shall confirm | ||||||
| 26 | the status of the applicant as an honorably discharged veteran | ||||||
| |||||||
| |||||||
| 1 | before the Secretary may issue the driver's license. | ||||||
| 2 | For purposes of this subsection (e): | ||||||
| 3 | "Active duty" means active duty under an executive order of | ||||||
| 4 | the President of the United States, an Act of the Congress of | ||||||
| 5 | the United States, or an order of the Governor. | ||||||
| 6 | "Armed forces" means any of the Armed Forces of the United | ||||||
| 7 | States, including a member of any reserve component or National | ||||||
| 8 | Guard unit called to active duty. | ||||||
| 9 | "Veteran" means a person who has served on active duty in | ||||||
| 10 | the armed forces and was discharged or separated under | ||||||
| 11 | honorable conditions. | ||||||
| 12 | (Source: P.A. 97-263, eff. 8-5-11; 97-739, eff. 1-1-13; 97-847, | ||||||
| 13 | eff. 1-1-13; 98-323, eff. 1-1-14; 98-463, eff. 8-16-13; revised | ||||||
| 14 | 11-19-13.)
| ||||||
| 15 | (625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
| ||||||
| 16 | Sec. 6-108. Cancellation of license issued to minor.
| ||||||
| 17 | (a) The Secretary of State shall cancel the license or | ||||||
| 18 | permit of any minor
under the age of 18 years in any of the | ||||||
| 19 | following events:
| ||||||
| 20 | 1. Upon the verified written request of the person who | ||||||
| 21 | consented to the
application of the minor that the license | ||||||
| 22 | or
permit be cancelled;
| ||||||
| 23 | 2. Upon receipt of satisfactory evidence of the death | ||||||
| 24 | of the person who
consented to the application of the | ||||||
| 25 | minor;
| ||||||
| |||||||
| |||||||
| 1 | 3. Upon receipt of satisfactory evidence that the | ||||||
| 2 | person who consented
to the application of a minor no | ||||||
| 3 | longer has legal custody of the
minor;
| ||||||
| 4 | 4. Upon
receipt of information, submitted on a form | ||||||
| 5 | prescribed by the Secretary of State
under Section 26-3a of | ||||||
| 6 | the School Code and provided voluntarily by
nonpublic | ||||||
| 7 | schools, that a license-holding minor no longer meets the | ||||||
| 8 | school
attendance requirements defined in Section 6-107 of | ||||||
| 9 | this Code.
| ||||||
| 10 | A minor who provides proof acceptable to the Secretary | ||||||
| 11 | that the minor has resumed regular school attendance or | ||||||
| 12 | home instruction or that his or her license or permit was | ||||||
| 13 | cancelled in error shall have his or her license | ||||||
| 14 | reinstated. The Secretary shall adopt rules for | ||||||
| 15 | implementing this subdivision (a)4; .
| ||||||
| 16 | 5. Upon determination by the Secretary that at the time | ||||||
| 17 | of license issuance, the minor held an instruction permit | ||||||
| 18 | and had a traffic citation for which a disposition had not | ||||||
| 19 | been rendered. | ||||||
| 20 | After cancellation, the Secretary of State shall not issue | ||||||
| 21 | a new
license or permit until the applicant meets the | ||||||
| 22 | provisions of Section
6-107 of this Code.
| ||||||
| 23 | (b) The Secretary of State shall cancel the license or | ||||||
| 24 | permit of any
person under the age of 18 years if he or she is | ||||||
| 25 | convicted of violating
the Cannabis Control Act, the Illinois
| ||||||
| 26 | Controlled Substances Act, or the Methamphetamine Control and | ||||||
| |||||||
| |||||||
| 1 | Community Protection Act while that person was in actual | ||||||
| 2 | physical
control of a motor vehicle.
For purposes of this | ||||||
| 3 | Section, any person placed on probation under Section
10 of the | ||||||
| 4 | Cannabis Control Act, Section 410 of the Illinois Controlled
| ||||||
| 5 | Substances Act, or Section 70 of the Methamphetamine Control | ||||||
| 6 | and Community Protection Act shall not be considered convicted.
| ||||||
| 7 | Any person found guilty of this offense,
while in actual | ||||||
| 8 | physical control of a motor vehicle, shall have an entry
made | ||||||
| 9 | in the court record by the judge that this offense did occur
| ||||||
| 10 | while the person was in actual physical control of a motor | ||||||
| 11 | vehicle and
order the clerk of the court to report the | ||||||
| 12 | violation to the Secretary of
State as such. After the | ||||||
| 13 | cancellation, the Secretary of State
shall not issue a new | ||||||
| 14 | license or permit for a period of one year after the
date of | ||||||
| 15 | cancellation or until the minor attains the age of 18 years,
| ||||||
| 16 | whichever is longer.
However, upon application, the Secretary | ||||||
| 17 | of State
may, if satisfied that the person applying will not | ||||||
| 18 | endanger the public
safety, or welfare, issue a restricted | ||||||
| 19 | driving permit granting the
privilege of driving a motor | ||||||
| 20 | vehicle between the person's residence and
person's place of | ||||||
| 21 | employment or within the scope of the person's employment | ||||||
| 22 | related
duties, or to allow transportation for
the person or a | ||||||
| 23 | household member of the person's family for the receipt of
| ||||||
| 24 | necessary medical care or, if the professional evaluation | ||||||
| 25 | indicates,
provide transportation for the petitioner for | ||||||
| 26 | alcohol remedial or
rehabilitative activity, or for the person | ||||||
| |||||||
| |||||||
| 1 | to attend classes, as a student,
in an accredited educational | ||||||
| 2 | institution; if the person is able to
demonstrate that no | ||||||
| 3 | alternative means of transportation is reasonably
available; | ||||||
| 4 | provided that the Secretary's discretion shall be limited to
| ||||||
| 5 | cases where undue hardship would result from a failure to issue | ||||||
| 6 | such
restricted driving permit. In each case the Secretary of | ||||||
| 7 | State may issue
a restricted driving permit for a period as he
| ||||||
| 8 | deems appropriate,
except that the permit shall expire within | ||||||
| 9 | one year from the date of
issuance. A restricted driving permit | ||||||
| 10 | issued hereunder shall be subject to
cancellation, revocation, | ||||||
| 11 | and suspension by the Secretary of State in like
manner and for | ||||||
| 12 | like cause as a driver's license issued hereunder may be
| ||||||
| 13 | cancelled, revoked, or suspended; except that a conviction upon | ||||||
| 14 | one or more
offenses against laws or ordinances regulating the | ||||||
| 15 | movement of traffic
shall be deemed sufficient cause for the | ||||||
| 16 | revocation, suspension, or
cancellation of a restricted | ||||||
| 17 | driving permit. The Secretary of State may,
as a condition to | ||||||
| 18 | the issuance of a restricted driving permit, require the
| ||||||
| 19 | applicant to participate in a driver remedial or rehabilitative
| ||||||
| 20 | program.
Thereafter, upon reapplication for a license as
| ||||||
| 21 | provided in Section 6-106 of this Code or a permit as provided | ||||||
| 22 | in Section
6-105 of this Code and upon payment of the | ||||||
| 23 | appropriate application fee, the
Secretary of State shall issue | ||||||
| 24 | the applicant a license as provided in Section
6-106 of this | ||||||
| 25 | Code or shall issue the applicant a permit as provided in | ||||||
| 26 | Section 6-105.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-168, eff. 1-1-14; revised 11-19-13.)
| ||||||
| 2 | (625 ILCS 5/6-118)
| ||||||
| 3 | (Text of Section before amendment by P.A. 98-176) | ||||||
| 4 | Sec. 6-118. Fees. | ||||||
| 5 | (a) The fee for licenses and permits under this
Article is | ||||||
| 6 | as follows: | ||||||
| 7 | Original driver's license.............................$30 | ||||||
| 8 | Original or renewal driver's license | ||||||
| 9 | issued to 18, 19 and 20 year olds.................. 5 | ||||||
| 10 | All driver's licenses for persons | ||||||
| 11 | age 69 through age 80.............................. 5 | ||||||
| 12 | All driver's licenses for persons | ||||||
| 13 | age 81 through age 86.............................. 2 | ||||||
| 14 | All driver's licenses for persons | ||||||
| 15 | age 87 or older.....................................0 | ||||||
| 16 | Renewal driver's license (except for | ||||||
| 17 | applicants ages 18, 19 and 20 or | ||||||
| 18 | age 69 and older)..................................30 | ||||||
| 19 | Original instruction permit issued to | ||||||
| 20 | persons (except those age 69 and older) | ||||||
| 21 | who do not hold or have not previously | ||||||
| 22 | held an Illinois instruction permit or | ||||||
| 23 | driver's license.................................. 20 | ||||||
| 24 | Instruction permit issued to any person | ||||||
| 25 | holding an Illinois driver's license | ||||||
| |||||||
| |||||||
| 1 | who wishes a change in classifications, | ||||||
| 2 | other than at the time of renewal.................. 5 | ||||||
| 3 | Any instruction permit issued to a person | ||||||
| 4 | age 69 and older................................... 5 | ||||||
| 5 | Instruction permit issued to any person, | ||||||
| 6 | under age 69, not currently holding a | ||||||
| 7 | valid Illinois driver's license or | ||||||
| 8 | instruction permit but who has | ||||||
| 9 | previously been issued either document | ||||||
| 10 | in Illinois....................................... 10 | ||||||
| 11 | Restricted driving permit.............................. 8 | ||||||
| 12 | Monitoring device driving permit...................... 8 | ||||||
| 13 | Duplicate or corrected driver's license | ||||||
| 14 | or permit.......................................... 5 | ||||||
| 15 | Duplicate or corrected restricted | ||||||
| 16 | driving permit..................................... 5 | ||||||
| 17 | Duplicate or corrected monitoring | ||||||
| 18 | device driving permit.................................. 5 | ||||||
| 19 | Duplicate driver's license or permit issued to | ||||||
| 20 | an active-duty member of the | ||||||
| 21 | United States Armed Forces, | ||||||
| 22 | the member's spouse, or | ||||||
| 23 | the dependent children living | ||||||
| 24 | with the member................................... 0 | ||||||
| 25 | Original or renewal M or L endorsement................. 5 | ||||||
| 26 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
| |||||||
| |||||||
| 1 | The fees for commercial driver licenses and permits | ||||||
| 2 | under Article V
shall be as follows: | ||||||
| 3 | Commercial driver's license: | ||||||
| 4 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||||||
| 5 | (Commercial Driver's License Information | ||||||
| 6 | System/American Association of Motor Vehicle | ||||||
| 7 | Administrators network/National Motor Vehicle | ||||||
| 8 | Title Information Service Trust Fund); | ||||||
| 9 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
| 10 | $10 for the driver's license; | ||||||
| 11 | and $24 for the CDL:............................. $60 | ||||||
| 12 | Renewal commercial driver's license: | ||||||
| 13 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
| 14 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
| 15 | $10 for the driver's license; and | ||||||
| 16 | $24 for the CDL:................................. $60 | ||||||
| 17 | Commercial driver instruction permit | ||||||
| 18 | issued to any person holding a valid | ||||||
| 19 | Illinois driver's license for the | ||||||
| 20 | purpose of changing to a | ||||||
| 21 | CDL classification: $6 for the | ||||||
| 22 | CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
| 23 | $20 for the Motor Carrier | ||||||
| 24 | Safety Inspection Fund; and | ||||||
| 25 | $24 for the CDL classification................... $50 | ||||||
| 26 | Commercial driver instruction permit | ||||||
| |||||||
| |||||||
| 1 | issued to any person holding a valid | ||||||
| 2 | Illinois CDL for the purpose of | ||||||
| 3 | making a change in a classification, | ||||||
| 4 | endorsement or restriction........................ $5 | ||||||
| 5 | CDL duplicate or corrected license.................... $5 | ||||||
| 6 | In order to ensure the proper implementation of the Uniform | ||||||
| 7 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
| 8 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
| 9 | commercial driver's license
proportionate to the expiration | ||||||
| 10 | date of the applicant's Illinois driver's
license. | ||||||
| 11 | The fee for any duplicate license or permit shall be waived | ||||||
| 12 | for any
person who presents the Secretary of State's office | ||||||
| 13 | with a
police report showing that his license or permit was | ||||||
| 14 | stolen. | ||||||
| 15 | The fee for any duplicate license or permit shall be waived | ||||||
| 16 | for any
person age 60 or older whose driver's license or permit | ||||||
| 17 | has been lost or stolen. | ||||||
| 18 | No additional fee shall be charged for a driver's license, | ||||||
| 19 | or for a
commercial driver's license, when issued
to the holder | ||||||
| 20 | of an instruction permit for the same classification or
type of | ||||||
| 21 | license who becomes eligible for such
license. | ||||||
| 22 | (b) Any person whose license or privilege to operate a | ||||||
| 23 | motor vehicle
in this State has been suspended or revoked under | ||||||
| 24 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||||||
| 25 | Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
| 26 | Responsibility Law of this Code, shall in addition to any other
| ||||||
| |||||||
| |||||||
| 1 | fees required by this Code, pay a reinstatement fee as follows: | ||||||
| 2 | Suspension under Section 3-707.....................
$100
| ||||||
| 3 | Summary suspension under Section 11-501.1...........$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 a | ||||||
| 8 | motor vehicle
in this State has been suspended or revoked for a | ||||||
| 9 | second or subsequent time
for a violation of Section 11-501 or | ||||||
| 10 | 11-501.1
of this Code or a similar provision of a local | ||||||
| 11 | ordinance
or a similar out-of-state offense
or Section 9-3 of | ||||||
| 12 | the Criminal Code of 1961 or the Criminal Code of 2012
and each | ||||||
| 13 | suspension or revocation was for a violation of Section 11-501 | ||||||
| 14 | or
11-501.1 of this Code or a similar provision of a local | ||||||
| 15 | ordinance
or a similar out-of-state offense
or Section
9-3 of | ||||||
| 16 | the Criminal Code of 1961 or the Criminal Code of 2012
shall | ||||||
| 17 | pay, in addition to any other
fees required by this Code, a
| ||||||
| 18 | reinstatement
fee as follows: | ||||||
| 19 | Summary suspension under Section 11-501.1............$500 | ||||||
| 20 | Summary revocation under Section 11-501.1............$500 | ||||||
| 21 | Revocation...........................................$500 | ||||||
| 22 | (c) All fees collected under the provisions of this Chapter | ||||||
| 23 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
| 24 | as follows: | ||||||
| 25 | 1. The following amounts shall be paid into the Driver | ||||||
| 26 | Education Fund: | ||||||
| |||||||
| |||||||
| 1 | (A) $16 of the $20
fee for an original driver's | ||||||
| 2 | instruction permit; | ||||||
| 3 | (B) $5 of the $30 fee for an original driver's | ||||||
| 4 | license; | ||||||
| 5 | (C) $5 of the $30 fee for a 4 year renewal driver's | ||||||
| 6 | license;
| ||||||
| 7 | (D) $4 of the $8 fee for a restricted driving | ||||||
| 8 | permit; and | ||||||
| 9 | (E) $4 of the $8 fee for a monitoring device | ||||||
| 10 | driving permit. | ||||||
| 11 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
| 12 | summarily suspended under Section 11-501.1 shall be | ||||||
| 13 | deposited into the
Drunk and Drugged Driving Prevention | ||||||
| 14 | Fund.
However, for a person whose license or privilege to | ||||||
| 15 | operate a motor vehicle
in this State has been suspended or | ||||||
| 16 | revoked for a second or subsequent time for
a violation of | ||||||
| 17 | Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||||||
| 18 | the
Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
| 19 | $190 of the $500 fee for reinstatement of a license | ||||||
| 20 | summarily
suspended under
Section 11-501.1,
and $190 of the | ||||||
| 21 | $500 fee for reinstatement of a revoked license
shall be | ||||||
| 22 | deposited into the Drunk and Drugged Driving Prevention | ||||||
| 23 | Fund. $190 of the $500 fee for reinstatement of a license | ||||||
| 24 | summarily revoked pursuant to Section 11-501.1 shall be | ||||||
| 25 | deposited into the Drunk and Drugged Driving Prevention | ||||||
| 26 | Fund. | ||||||
| |||||||
| |||||||
| 1 | 3. $6 of such original or renewal fee for a commercial | ||||||
| 2 | driver's
license and $6 of the commercial driver | ||||||
| 3 | instruction permit fee when such
permit is issued to any | ||||||
| 4 | person holding a valid Illinois driver's license,
shall be | ||||||
| 5 | paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||||||
| 6 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
| 7 | suspended
under the
Family
Financial Responsibility Law | ||||||
| 8 | shall be paid into the Family Responsibility
Fund. | ||||||
| 9 | 5. The $5 fee for each original or renewal M or L | ||||||
| 10 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
| 11 | Training Fund. | ||||||
| 12 | 6. $20 of any original or renewal fee for a commercial | ||||||
| 13 | driver's
license or commercial driver instruction permit | ||||||
| 14 | shall be paid into the Motor
Carrier Safety Inspection | ||||||
| 15 | Fund. | ||||||
| 16 | 7. The following amounts shall be paid into the General | ||||||
| 17 | Revenue Fund: | ||||||
| 18 | (A) $190 of the $250 reinstatement fee for a | ||||||
| 19 | summary suspension under
Section 11-501.1; | ||||||
| 20 | (B) $40 of the $70 reinstatement fee for any other | ||||||
| 21 | suspension provided
in subsection (b) of this Section; | ||||||
| 22 | and | ||||||
| 23 | (C) $440 of the $500 reinstatement fee for a first | ||||||
| 24 | offense revocation
and $310 of the $500 reinstatement | ||||||
| 25 | fee for a second or subsequent revocation. | ||||||
| 26 | (d) All of the proceeds of the additional fees imposed by | ||||||
| |||||||
| |||||||
| 1 | this amendatory Act of the 96th General Assembly shall be | ||||||
| 2 | deposited into the Capital Projects Fund. | ||||||
| 3 | (e) The additional fees imposed by this amendatory Act of | ||||||
| 4 | the 96th General Assembly shall become effective 90 days after | ||||||
| 5 | becoming law. | ||||||
| 6 | (f) As used in this Section, "active-duty member of the | ||||||
| 7 | United States Armed Forces" means a member of the Armed | ||||||
| 8 | Services or Reserve Forces of the United States or a member of | ||||||
| 9 | the Illinois National Guard who is called to active duty | ||||||
| 10 | pursuant to an executive order of the President of the United | ||||||
| 11 | States, an act of the Congress of the United States, or an | ||||||
| 12 | order of the Governor. | ||||||
| 13 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
| 14 | 98-177, eff. 1-1-14.)
| ||||||
| 15 | (Text of Section after amendment by P.A. 98-176) | ||||||
| 16 | Sec. 6-118. Fees. | ||||||
| 17 | (a) The fee for licenses and permits under this
Article is | ||||||
| 18 | as follows: | ||||||
| 19 | Original driver's license.............................$30 | ||||||
| 20 | Original or renewal driver's license | ||||||
| 21 | issued to 18, 19 and 20 year olds.................. 5 | ||||||
| 22 | All driver's licenses for persons | ||||||
| 23 | age 69 through age 80.............................. 5 | ||||||
| 24 | All driver's licenses for persons | ||||||
| 25 | age 81 through age 86.............................. 2 | ||||||
| |||||||
| |||||||
| 1 | All driver's licenses for persons | ||||||
| 2 | age 87 or older.....................................0 | ||||||
| 3 | Renewal driver's license (except for | ||||||
| 4 | applicants ages 18, 19 and 20 or | ||||||
| 5 | age 69 and older)..................................30 | ||||||
| 6 | Original instruction permit issued to | ||||||
| 7 | persons (except those age 69 and older) | ||||||
| 8 | who do not hold or have not previously | ||||||
| 9 | held an Illinois instruction permit or | ||||||
| 10 | driver's license.................................. 20 | ||||||
| 11 | Instruction permit issued to any person | ||||||
| 12 | holding an Illinois driver's license | ||||||
| 13 | who wishes a change in classifications, | ||||||
| 14 | other than at the time of renewal.................. 5 | ||||||
| 15 | Any instruction permit issued to a person | ||||||
| 16 | age 69 and older................................... 5 | ||||||
| 17 | Instruction permit issued to any person, | ||||||
| 18 | under age 69, not currently holding a | ||||||
| 19 | valid Illinois driver's license or | ||||||
| 20 | instruction permit but who has | ||||||
| 21 | previously been issued either document | ||||||
| 22 | in Illinois....................................... 10 | ||||||
| 23 | Restricted driving permit.............................. 8 | ||||||
| 24 | Monitoring device driving permit...................... 8 | ||||||
| 25 | Duplicate or corrected driver's license | ||||||
| 26 | or permit.......................................... 5 | ||||||
| |||||||
| |||||||
| 1 | Duplicate or corrected restricted | ||||||
| 2 | driving permit..................................... 5 | ||||||
| 3 | Duplicate or corrected monitoring | ||||||
| 4 | device driving permit.................................. 5 | ||||||
| 5 | Duplicate driver's license or permit issued to | ||||||
| 6 | an active-duty member of the | ||||||
| 7 | United States Armed Forces, | ||||||
| 8 | the member's spouse, or | ||||||
| 9 | the dependent children living | ||||||
| 10 | with the member................................... 0 | ||||||
| 11 | Original or renewal M or L endorsement................. 5 | ||||||
| 12 | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||||||
| 13 | The fees for commercial driver licenses and permits | ||||||
| 14 | under Article V
shall be as follows: | ||||||
| 15 | Commercial driver's license: | ||||||
| 16 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||||||
| 17 | (Commercial Driver's License Information | ||||||
| 18 | System/American Association of Motor Vehicle | ||||||
| 19 | Administrators network/National Motor Vehicle | ||||||
| 20 | Title Information Service Trust Fund); | ||||||
| 21 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
| 22 | $10 for the driver's license; | ||||||
| 23 | and $24 for the CDL:............................. $60 | ||||||
| 24 | Renewal commercial driver's license: | ||||||
| 25 | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
| 26 | $20 for the Motor Carrier Safety Inspection Fund; | ||||||
| |||||||
| |||||||
| 1 | $10 for the driver's license; and | ||||||
| 2 | $24 for the CDL:................................. $60 | ||||||
| 3 | Commercial learner's permit | ||||||
| 4 | issued to any person holding a valid | ||||||
| 5 | Illinois driver's license for the | ||||||
| 6 | purpose of changing to a | ||||||
| 7 | CDL classification: $6 for the | ||||||
| 8 | CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||||||
| 9 | $20 for the Motor Carrier | ||||||
| 10 | Safety Inspection Fund; and | ||||||
| 11 | $24 for the CDL classification................... $50 | ||||||
| 12 | Commercial learner's permit | ||||||
| 13 | issued to any person holding a valid | ||||||
| 14 | Illinois CDL for the purpose of | ||||||
| 15 | making a change in a classification, | ||||||
| 16 | endorsement or restriction........................ $5 | ||||||
| 17 | CDL duplicate or corrected license.................... $5 | ||||||
| 18 | In order to ensure the proper implementation of the Uniform | ||||||
| 19 | Commercial
Driver License Act, Article V of this Chapter, the | ||||||
| 20 | Secretary of State is
empowered to pro-rate the $24 fee for the | ||||||
| 21 | commercial driver's license
proportionate to the expiration | ||||||
| 22 | date of the applicant's Illinois driver's
license. | ||||||
| 23 | The fee for any duplicate license or permit shall be waived | ||||||
| 24 | for any
person who presents the Secretary of State's office | ||||||
| 25 | with a
police report showing that his license or permit was | ||||||
| 26 | stolen. | ||||||
| |||||||
| |||||||
| 1 | The fee for any duplicate license or permit shall be waived | ||||||
| 2 | for any
person age 60 or older whose driver's license or permit | ||||||
| 3 | has been lost or stolen. | ||||||
| 4 | No additional fee shall be charged for a driver's license, | ||||||
| 5 | or for a
commercial driver's license, when issued
to the holder | ||||||
| 6 | of an instruction permit for the same classification or
type of | ||||||
| 7 | license who becomes eligible for such
license. | ||||||
| 8 | (b) Any person whose license or privilege to operate a | ||||||
| 9 | motor vehicle
in this State has been suspended or revoked under | ||||||
| 10 | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||||||
| 11 | Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||||||
| 12 | Responsibility Law of this Code, shall in addition to any other
| ||||||
| 13 | fees required by this Code, pay a reinstatement fee as follows: | ||||||
| 14 | Suspension under Section 3-707.....................
$100
| ||||||
| 15 | Summary suspension under Section 11-501.1...........$250
| ||||||
| 16 | Summary revocation under Section 11-501.1............$500 | ||||||
| 17 | Other suspension......................................$70 | ||||||
| 18 | Revocation...........................................$500 | ||||||
| 19 | However, any person whose license or privilege to operate a | ||||||
| 20 | motor vehicle
in this State has been suspended or revoked for a | ||||||
| 21 | second or subsequent time
for a violation of Section 11-501 or | ||||||
| 22 | 11-501.1
of this Code or a similar provision of a local | ||||||
| 23 | ordinance
or a similar out-of-state offense
or Section 9-3 of | ||||||
| 24 | the Criminal Code of 1961 or the Criminal Code of 2012
and each | ||||||
| 25 | suspension or revocation was for a violation of Section 11-501 | ||||||
| 26 | or
11-501.1 of this Code or a similar provision of a local | ||||||
| |||||||
| |||||||
| 1 | ordinance
or a similar out-of-state offense
or Section
9-3 of | ||||||
| 2 | the Criminal Code of 1961 or the Criminal Code of 2012
shall | ||||||
| 3 | pay, in addition to any other
fees required by this Code, a
| ||||||
| 4 | reinstatement
fee as follows: | ||||||
| 5 | Summary suspension under Section 11-501.1............$500 | ||||||
| 6 | Summary revocation under Section 11-501.1............$500 | ||||||
| 7 | Revocation...........................................$500 | ||||||
| 8 | (c) All fees collected under the provisions of this Chapter | ||||||
| 9 | 6 shall be
paid into the Road Fund in the State Treasury except | ||||||
| 10 | as follows: | ||||||
| 11 | 1. The following amounts shall be paid into the Driver | ||||||
| 12 | Education Fund: | ||||||
| 13 | (A) $16 of the $20
fee for an original driver's | ||||||
| 14 | instruction permit; | ||||||
| 15 | (B) $5 of the $30 fee for an original driver's | ||||||
| 16 | license; | ||||||
| 17 | (C) $5 of the $30 fee for a 4 year renewal driver's | ||||||
| 18 | license;
| ||||||
| 19 | (D) $4 of the $8 fee for a restricted driving | ||||||
| 20 | permit; and | ||||||
| 21 | (E) $4 of the $8 fee for a monitoring device | ||||||
| 22 | driving permit. | ||||||
| 23 | 2. $30 of the $250 fee for reinstatement of a
license
| ||||||
| 24 | summarily suspended under Section 11-501.1 shall be | ||||||
| 25 | deposited into the
Drunk and Drugged Driving Prevention | ||||||
| 26 | Fund.
However, for a person whose license or privilege to | ||||||
| |||||||
| |||||||
| 1 | operate a motor vehicle
in this State has been suspended or | ||||||
| 2 | revoked for a second or subsequent time for
a violation of | ||||||
| 3 | Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||||||
| 4 | the
Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
| 5 | $190 of the $500 fee for reinstatement of a license | ||||||
| 6 | summarily
suspended under
Section 11-501.1,
and $190 of the | ||||||
| 7 | $500 fee for reinstatement of a revoked license
shall be | ||||||
| 8 | deposited into the Drunk and Drugged Driving Prevention | ||||||
| 9 | Fund. $190 of the $500 fee for reinstatement of a license | ||||||
| 10 | summarily revoked pursuant to Section 11-501.1 shall be | ||||||
| 11 | deposited into the Drunk and Drugged Driving Prevention | ||||||
| 12 | Fund. | ||||||
| 13 | 3. $6 of the original or renewal fee for a commercial | ||||||
| 14 | driver's
license and $6 of the commercial learner's permit | ||||||
| 15 | fee when the
permit is issued to any person holding a valid | ||||||
| 16 | Illinois driver's license,
shall be paid into the | ||||||
| 17 | CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||||||
| 18 | 4. $30 of the $70 fee for reinstatement of a license | ||||||
| 19 | suspended
under the
Family
Financial Responsibility Law | ||||||
| 20 | shall be paid into the Family Responsibility
Fund. | ||||||
| 21 | 5. The $5 fee for each original or renewal M or L | ||||||
| 22 | endorsement shall be
deposited into the Cycle Rider Safety | ||||||
| 23 | Training Fund. | ||||||
| 24 | 6. $20 of any original or renewal fee for a commercial | ||||||
| 25 | driver's
license or commercial learner's permit shall be | ||||||
| 26 | paid into the Motor
Carrier Safety Inspection Fund. | ||||||
| |||||||
| |||||||
| 1 | 7. The following amounts shall be paid into the General | ||||||
| 2 | Revenue Fund: | ||||||
| 3 | (A) $190 of the $250 reinstatement fee for a | ||||||
| 4 | summary suspension under
Section 11-501.1; | ||||||
| 5 | (B) $40 of the $70 reinstatement fee for any other | ||||||
| 6 | suspension provided
in subsection (b) of this Section; | ||||||
| 7 | and | ||||||
| 8 | (C) $440 of the $500 reinstatement fee for a first | ||||||
| 9 | offense revocation
and $310 of the $500 reinstatement | ||||||
| 10 | fee for a second or subsequent revocation. | ||||||
| 11 | (d) All of the proceeds of the additional fees imposed by | ||||||
| 12 | this amendatory Act of the 96th General Assembly shall be | ||||||
| 13 | deposited into the Capital Projects Fund. | ||||||
| 14 | (e) The additional fees imposed by this amendatory Act of | ||||||
| 15 | the 96th General Assembly shall become effective 90 days after | ||||||
| 16 | becoming law. | ||||||
| 17 | (f) As used in this Section, "active-duty member of the | ||||||
| 18 | United States Armed Forces" means a member of the Armed | ||||||
| 19 | Services or Reserve Forces of the United States or a member of | ||||||
| 20 | the Illinois National Guard who is called to active duty | ||||||
| 21 | pursuant to an executive order of the President of the United | ||||||
| 22 | States, an act of the Congress of the United States, or an | ||||||
| 23 | order of the Governor. | ||||||
| 24 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
| 25 | 98-176, eff. 7-1-14; 98-177, eff. 1-1-14; revised 9-19-13.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/6-201)
| ||||||
| 2 | (Text of Section before amendment by P.A. 98-176) | ||||||
| 3 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||
| 4 | (a) The Secretary of State is authorized to cancel any | ||||||
| 5 | license or permit
upon determining that the holder thereof:
| ||||||
| 6 | 1. was not entitled to the issuance thereof hereunder; | ||||||
| 7 | or
| ||||||
| 8 | 2. failed to give the required or correct information | ||||||
| 9 | in his
application; or
| ||||||
| 10 | 3. failed to pay any fees, civil penalties owed to the | ||||||
| 11 | Illinois Commerce
Commission, or taxes due under this Act | ||||||
| 12 | and upon reasonable notice and demand;
or
| ||||||
| 13 | 4. committed any fraud in the making of such | ||||||
| 14 | application; or
| ||||||
| 15 | 5. is ineligible therefor under the provisions of | ||||||
| 16 | Section 6-103 of this
Act, as amended; or
| ||||||
| 17 | 6. has refused or neglected to submit an alcohol, drug, | ||||||
| 18 | and
intoxicating compound evaluation or to
submit to | ||||||
| 19 | examination or re-examination as required under this Act; | ||||||
| 20 | or
| ||||||
| 21 | 7. has been convicted of violating the Cannabis Control | ||||||
| 22 | Act,
the
Illinois Controlled Substances Act, the | ||||||
| 23 | Methamphetamine Control and Community Protection Act, or | ||||||
| 24 | the Use of Intoxicating Compounds
Act while that individual | ||||||
| 25 | was in actual physical
control of a motor vehicle. For | ||||||
| 26 | purposes of this Section, any person placed on
probation | ||||||
| |||||||
| |||||||
| 1 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
| 2 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
| 3 | the Methamphetamine Control and Community Protection Act | ||||||
| 4 | shall not be considered convicted. Any
person found guilty | ||||||
| 5 | of this offense, while in actual physical control of a
| ||||||
| 6 | motor vehicle, shall have an entry made in the court record | ||||||
| 7 | by the
judge that this offense did occur while the person | ||||||
| 8 | was in actual
physical control of a motor vehicle and order | ||||||
| 9 | the clerk of the court to report
the violation to the | ||||||
| 10 | Secretary of State as such. After the cancellation, the
| ||||||
| 11 | Secretary of State shall not issue a new license or permit | ||||||
| 12 | for a period of one
year after the date of cancellation. | ||||||
| 13 | However, upon application, the Secretary
of State may, if | ||||||
| 14 | satisfied that the person applying will not endanger the
| ||||||
| 15 | public safety, or welfare, issue a restricted driving | ||||||
| 16 | permit granting the
privilege of driving a motor vehicle | ||||||
| 17 | between the petitioner's residence and
petitioner's place | ||||||
| 18 | of employment or within the scope of the petitioner's | ||||||
| 19 | employment
related duties, or to allow transportation for
| ||||||
| 20 | the petitioner or a household member of the petitioner's | ||||||
| 21 | family for the receipt of
necessary medical care, or | ||||||
| 22 | provide transportation for the petitioner to and from | ||||||
| 23 | alcohol or drug remedial or
rehabilitative activity | ||||||
| 24 | recommended by a licensed service provider, or for the | ||||||
| 25 | petitioner to attend classes, as a student,
in an | ||||||
| 26 | accredited educational institution. The petitioner must
| ||||||
| |||||||
| |||||||
| 1 | demonstrate that no alternative means of transportation is | ||||||
| 2 | reasonably
available; provided that the Secretary's | ||||||
| 3 | discretion shall be limited to
cases where undue hardship, | ||||||
| 4 | as defined by the rules of the Secretary of State, would | ||||||
| 5 | result from a failure to issue such
restricted driving | ||||||
| 6 | permit. In each case the Secretary of State may issue
such | ||||||
| 7 | restricted driving permit for such period as he deems | ||||||
| 8 | appropriate,
except that such permit shall expire within | ||||||
| 9 | one year from the date of
issuance. A restricted driving | ||||||
| 10 | permit issued hereunder shall be subject to
cancellation, | ||||||
| 11 | revocation and suspension by the Secretary of State in like
| ||||||
| 12 | manner and for like cause as a driver's license issued | ||||||
| 13 | hereunder may be
cancelled, revoked or suspended; except | ||||||
| 14 | that a conviction upon one or more
offenses against laws or | ||||||
| 15 | ordinances regulating the movement of traffic
shall be | ||||||
| 16 | deemed sufficient cause for the revocation, suspension or
| ||||||
| 17 | cancellation of a restricted driving permit. The Secretary | ||||||
| 18 | of State may,
as a condition to the issuance of a | ||||||
| 19 | restricted driving permit, require the
applicant to | ||||||
| 20 | participate in a driver remedial or rehabilitative
| ||||||
| 21 | program. In accordance with 49 C.F.R. 384, the Secretary of | ||||||
| 22 | State may not issue a restricted driving permit for the | ||||||
| 23 | operation of a commercial motor vehicle to a person holding | ||||||
| 24 | a CDL whose driving privileges have been revoked, | ||||||
| 25 | suspended, cancelled, or disqualified under this Code; or
| ||||||
| 26 | 8. failed to submit a report as required by Section | ||||||
| |||||||
| |||||||
| 1 | 6-116.5 of this
Code; or
| ||||||
| 2 | 9. has been convicted of a sex offense as defined in | ||||||
| 3 | the Sex Offender Registration Act. The driver's license | ||||||
| 4 | shall remain cancelled until the driver registers as a sex | ||||||
| 5 | offender as required by the Sex Offender Registration Act, | ||||||
| 6 | proof of the registration is furnished to the Secretary of | ||||||
| 7 | State and the sex offender provides proof of current | ||||||
| 8 | address to the Secretary; or
| ||||||
| 9 | 10. is ineligible for a license or permit under Section | ||||||
| 10 | 6-107, 6-107.1, or
6-108 of this Code; or
| ||||||
| 11 | 11. refused or neglected to appear at a Driver Services | ||||||
| 12 | facility to have the license or permit corrected and a new | ||||||
| 13 | license or permit issued or to present documentation for | ||||||
| 14 | verification of identity; or
| ||||||
| 15 | 12. failed to submit a medical examiner's certificate | ||||||
| 16 | or medical variance as required by 49 C.F.R. 383.71 or | ||||||
| 17 | submitted a fraudulent medical examiner's certificate or | ||||||
| 18 | medical variance; or | ||||||
| 19 | 13. has had his or her medical examiner's certificate, | ||||||
| 20 | medical variance, or both removed or rescinded by the | ||||||
| 21 | Federal Motor Carrier Safety Administration; or | ||||||
| 22 | 14. failed to self-certify as to the type of driving in | ||||||
| 23 | which the CDL driver engages or expects to engage; or | ||||||
| 24 | 15. has submitted acceptable documentation indicating | ||||||
| 25 | out-of-state residency to the Secretary of State to be | ||||||
| 26 | released from the requirement of showing proof of financial | ||||||
| |||||||
| |||||||
| 1 | responsibility in this State. | ||||||
| 2 | (b) Upon such cancellation the licensee or permittee must | ||||||
| 3 | surrender the
license or permit so cancelled to the Secretary | ||||||
| 4 | of State.
| ||||||
| 5 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
| 6 | Secretary of State
shall have exclusive authority to grant, | ||||||
| 7 | issue, deny, cancel, suspend and
revoke driving privileges, | ||||||
| 8 | drivers' licenses and restricted driving permits.
| ||||||
| 9 | (d) The Secretary of State may adopt rules to implement | ||||||
| 10 | this Section.
| ||||||
| 11 | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | ||||||
| 12 | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-178, eff. | ||||||
| 13 | 1-1-14.)
| ||||||
| 14 | (Text of Section after amendment by P.A. 98-176)
| ||||||
| 15 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||
| 16 | (a) The Secretary of State is authorized to cancel any | ||||||
| 17 | license or permit
upon determining that the holder thereof:
| ||||||
| 18 | 1. was not entitled to the issuance thereof hereunder; | ||||||
| 19 | or
| ||||||
| 20 | 2. failed to give the required or correct information | ||||||
| 21 | in his
application; or
| ||||||
| 22 | 3. failed to pay any fees, civil penalties owed to the | ||||||
| 23 | Illinois Commerce
Commission, or taxes due under this Act | ||||||
| 24 | and upon reasonable notice and demand;
or
| ||||||
| 25 | 4. committed any fraud in the making of such | ||||||
| |||||||
| |||||||
| 1 | application; or
| ||||||
| 2 | 5. is ineligible therefor under the provisions of | ||||||
| 3 | Section 6-103 of this
Act, as amended; or
| ||||||
| 4 | 6. has refused or neglected to submit an alcohol, drug, | ||||||
| 5 | and
intoxicating compound evaluation or to
submit to | ||||||
| 6 | examination or re-examination as required under this Act; | ||||||
| 7 | or
| ||||||
| 8 | 7. has been convicted of violating the Cannabis Control | ||||||
| 9 | Act,
the
Illinois Controlled Substances Act, the | ||||||
| 10 | Methamphetamine Control and Community Protection Act, or | ||||||
| 11 | the Use of Intoxicating Compounds
Act while that individual | ||||||
| 12 | was in actual physical
control of a motor vehicle. For | ||||||
| 13 | purposes of this Section, any person placed on
probation | ||||||
| 14 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
| 15 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
| 16 | the Methamphetamine Control and Community Protection Act | ||||||
| 17 | shall not be considered convicted. Any
person found guilty | ||||||
| 18 | of this offense, while in actual physical control of a
| ||||||
| 19 | motor vehicle, shall have an entry made in the court record | ||||||
| 20 | by the
judge that this offense did occur while the person | ||||||
| 21 | was in actual
physical control of a motor vehicle and order | ||||||
| 22 | the clerk of the court to report
the violation to the | ||||||
| 23 | Secretary of State as such. After the cancellation, the
| ||||||
| 24 | Secretary of State shall not issue a new license or permit | ||||||
| 25 | for a period of one
year after the date of cancellation. | ||||||
| 26 | However, upon application, the Secretary
of State may, if | ||||||
| |||||||
| |||||||
| 1 | satisfied that the person applying will not endanger the
| ||||||
| 2 | public safety, or welfare, issue a restricted driving | ||||||
| 3 | permit granting the
privilege of driving a motor vehicle | ||||||
| 4 | between the petitioner's residence and
petitioner's place | ||||||
| 5 | of employment or within the scope of the petitioner's | ||||||
| 6 | employment
related duties, or to allow transportation for
| ||||||
| 7 | the petitioner or a household member of the petitioner's | ||||||
| 8 | family for the receipt of
necessary medical care, or | ||||||
| 9 | provide transportation for the petitioner to and from | ||||||
| 10 | alcohol or drug remedial or
rehabilitative activity | ||||||
| 11 | recommended by a licensed service provider, or for the | ||||||
| 12 | petitioner to attend classes, as a student,
in an | ||||||
| 13 | accredited educational institution. The petitioner must
| ||||||
| 14 | demonstrate that no alternative means of transportation is | ||||||
| 15 | reasonably
available; provided that the Secretary's | ||||||
| 16 | discretion shall be limited to
cases where undue hardship, | ||||||
| 17 | as defined by the rules of the Secretary of State, would | ||||||
| 18 | result from a failure to issue such
restricted driving | ||||||
| 19 | permit. In each case the Secretary of State may issue
such | ||||||
| 20 | restricted driving permit for such period as he deems | ||||||
| 21 | appropriate,
except that such permit shall expire within | ||||||
| 22 | one year from the date of
issuance. A restricted driving | ||||||
| 23 | permit issued hereunder shall be subject to
cancellation, | ||||||
| 24 | revocation and suspension by the Secretary of State in like
| ||||||
| 25 | manner and for like cause as a driver's license issued | ||||||
| 26 | hereunder may be
cancelled, revoked or suspended; except | ||||||
| |||||||
| |||||||
| 1 | that a conviction upon one or more
offenses against laws or | ||||||
| 2 | ordinances regulating the movement of traffic
shall be | ||||||
| 3 | deemed sufficient cause for the revocation, suspension or
| ||||||
| 4 | cancellation of a restricted driving permit. The Secretary | ||||||
| 5 | of State may,
as a condition to the issuance of a | ||||||
| 6 | restricted driving permit, require the
applicant to | ||||||
| 7 | participate in a driver remedial or rehabilitative
| ||||||
| 8 | program. In accordance with 49 C.F.R. 384, the Secretary of | ||||||
| 9 | State may not issue a restricted driving permit for the | ||||||
| 10 | operation of a commercial motor vehicle to a person holding | ||||||
| 11 | a CDL whose driving privileges have been revoked, | ||||||
| 12 | suspended, cancelled, or disqualified under this Code; or
| ||||||
| 13 | 8. failed to submit a report as required by Section | ||||||
| 14 | 6-116.5 of this
Code; or
| ||||||
| 15 | 9. has been convicted of a sex offense as defined in | ||||||
| 16 | the Sex Offender Registration Act. The driver's license | ||||||
| 17 | shall remain cancelled until the driver registers as a sex | ||||||
| 18 | offender as required by the Sex Offender Registration Act, | ||||||
| 19 | proof of the registration is furnished to the Secretary of | ||||||
| 20 | State and the sex offender provides proof of current | ||||||
| 21 | address to the Secretary; or
| ||||||
| 22 | 10. is ineligible for a license or permit under Section | ||||||
| 23 | 6-107, 6-107.1, or
6-108 of this Code; or
| ||||||
| 24 | 11. refused or neglected to appear at a Driver Services | ||||||
| 25 | facility to have the license or permit corrected and a new | ||||||
| 26 | license or permit issued or to present documentation for | ||||||
| |||||||
| |||||||
| 1 | verification of identity; or
| ||||||
| 2 | 12. failed to submit a medical examiner's certificate | ||||||
| 3 | or medical variance as required by 49 C.F.R. 383.71 or | ||||||
| 4 | submitted a fraudulent medical examiner's certificate or | ||||||
| 5 | medical variance; or | ||||||
| 6 | 13. has had his or her medical examiner's certificate, | ||||||
| 7 | medical variance, or both removed or rescinded by the | ||||||
| 8 | Federal Motor Carrier Safety Administration; or | ||||||
| 9 | 14. failed to self-certify as to the type of driving in | ||||||
| 10 | which the CDL driver engages or expects to engage; or | ||||||
| 11 | 15. has submitted acceptable documentation indicating | ||||||
| 12 | out-of-state residency to the Secretary of State to be | ||||||
| 13 | released from the requirement of showing proof of financial | ||||||
| 14 | responsibility in this State; or . | ||||||
| 15 | 16. 15. was convicted of fraud relating to the testing | ||||||
| 16 | or issuance of a CDL or CLP, in which case only the CDL or | ||||||
| 17 | CLP shall be cancelled. After cancellation, the Secretary | ||||||
| 18 | shall not issue a CLP or CDL for a period of one year from | ||||||
| 19 | the date of cancellation. | ||||||
| 20 | (b) Upon such cancellation the licensee or permittee must | ||||||
| 21 | surrender the
license or permit so cancelled to the Secretary | ||||||
| 22 | of State.
| ||||||
| 23 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
| 24 | Secretary of State
shall have exclusive authority to grant, | ||||||
| 25 | issue, deny, cancel, suspend and
revoke driving privileges, | ||||||
| 26 | drivers' licenses and restricted driving permits.
| ||||||
| |||||||
| |||||||
| 1 | (d) The Secretary of State may adopt rules to implement | ||||||
| 2 | this Section.
| ||||||
| 3 | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | ||||||
| 4 | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176, eff. | ||||||
| 5 | 7-1-14; 98-178, eff. 1-1-14; revised 9-19-13.)
| ||||||
| 6 | (625 ILCS 5/6-206)
| ||||||
| 7 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
| 8 | license or
permit; Right to a hearing.
| ||||||
| 9 | (a) The Secretary of State is authorized to suspend or | ||||||
| 10 | revoke the
driving privileges of any person without preliminary | ||||||
| 11 | hearing upon a showing
of the person's records or other | ||||||
| 12 | sufficient evidence that
the person:
| ||||||
| 13 | 1. Has committed an offense for which mandatory | ||||||
| 14 | revocation of
a driver's license or permit is required upon | ||||||
| 15 | conviction;
| ||||||
| 16 | 2. Has been convicted of not less than 3 offenses | ||||||
| 17 | against traffic
regulations governing the movement of | ||||||
| 18 | vehicles committed within any 12
month period. No | ||||||
| 19 | revocation or suspension shall be entered more than
6 | ||||||
| 20 | months after the date of last conviction;
| ||||||
| 21 | 3. Has been repeatedly involved as a driver in motor | ||||||
| 22 | vehicle
collisions or has been repeatedly convicted of | ||||||
| 23 | offenses against laws and
ordinances regulating the | ||||||
| 24 | movement of traffic, to a degree that
indicates lack of | ||||||
| 25 | ability to exercise ordinary and reasonable care in
the | ||||||
| |||||||
| |||||||
| 1 | safe operation of a motor vehicle or disrespect for the | ||||||
| 2 | traffic laws
and the safety of other persons upon the | ||||||
| 3 | highway;
| ||||||
| 4 | 4. Has by the unlawful operation of a motor vehicle | ||||||
| 5 | caused or
contributed to an accident resulting in injury | ||||||
| 6 | requiring
immediate professional treatment in a medical | ||||||
| 7 | facility or doctor's office
to any person, except that any | ||||||
| 8 | suspension or revocation imposed by the
Secretary of State | ||||||
| 9 | under the provisions of this subsection shall start no
| ||||||
| 10 | later than 6 months after being convicted of violating a | ||||||
| 11 | law or
ordinance regulating the movement of traffic, which | ||||||
| 12 | violation is related
to the accident, or shall start not | ||||||
| 13 | more than one year
after
the date of the accident, | ||||||
| 14 | whichever date occurs later;
| ||||||
| 15 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
| 16 | driver's
license, identification card, or permit;
| ||||||
| 17 | 6. Has been lawfully convicted of an offense or | ||||||
| 18 | offenses in another
state, including the authorization | ||||||
| 19 | contained in Section 6-203.1, which
if committed within | ||||||
| 20 | this State would be grounds for suspension or revocation;
| ||||||
| 21 | 7. Has refused or failed to submit to an examination | ||||||
| 22 | provided for by
Section 6-207 or has failed to pass the | ||||||
| 23 | examination;
| ||||||
| 24 | 8. Is ineligible for a driver's license or permit under | ||||||
| 25 | the provisions
of Section 6-103;
| ||||||
| 26 | 9. Has made a false statement or knowingly concealed a | ||||||
| |||||||
| |||||||
| 1 | material fact
or has used false information or | ||||||
| 2 | identification in any application for a
license, | ||||||
| 3 | identification card, or permit;
| ||||||
| 4 | 10. Has possessed, displayed, or attempted to | ||||||
| 5 | fraudulently use any
license, identification card, or | ||||||
| 6 | permit not issued to the person;
| ||||||
| 7 | 11. Has operated a motor vehicle upon a highway of this | ||||||
| 8 | State when
the person's driving privilege or privilege to | ||||||
| 9 | obtain a driver's license
or permit was revoked or | ||||||
| 10 | suspended unless the operation was authorized by
a | ||||||
| 11 | monitoring device driving permit, judicial driving permit | ||||||
| 12 | issued prior to January 1, 2009, probationary license to | ||||||
| 13 | drive, or a restricted
driving permit issued under this | ||||||
| 14 | Code;
| ||||||
| 15 | 12. Has submitted to any portion of the application | ||||||
| 16 | process for
another person or has obtained the services of | ||||||
| 17 | another person to submit to
any portion of the application | ||||||
| 18 | process for the purpose of obtaining a
license, | ||||||
| 19 | identification card, or permit for some other person;
| ||||||
| 20 | 13. Has operated a motor vehicle upon a highway of this | ||||||
| 21 | State when
the person's driver's license or permit was | ||||||
| 22 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
| 23 | 14. Has committed a violation of Section 6-301, | ||||||
| 24 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
| 25 | of the Illinois Identification Card
Act;
| ||||||
| 26 | 15. Has been convicted of violating Section 21-2 of the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
| 2 | to criminal trespass to vehicles in which case, the | ||||||
| 3 | suspension
shall be for one year;
| ||||||
| 4 | 16. Has been convicted of violating Section 11-204 of | ||||||
| 5 | this Code relating
to fleeing from a peace officer;
| ||||||
| 6 | 17. Has refused to submit to a test, or tests, as | ||||||
| 7 | required under Section
11-501.1 of this Code and the person | ||||||
| 8 | has not sought a hearing as
provided for in Section | ||||||
| 9 | 11-501.1;
| ||||||
| 10 | 18. Has, since issuance of a driver's license or | ||||||
| 11 | permit, been adjudged
to be afflicted with or suffering | ||||||
| 12 | from any mental disability or disease;
| ||||||
| 13 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
| 14 | of Section 6-101
relating to driving without a driver's | ||||||
| 15 | license;
| ||||||
| 16 | 20. Has been convicted of violating Section 6-104 | ||||||
| 17 | relating to
classification of driver's license;
| ||||||
| 18 | 21. Has been convicted of violating Section 11-402 of
| ||||||
| 19 | this Code relating to leaving the scene of an accident | ||||||
| 20 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
| 21 | which case the suspension shall be
for one year;
| ||||||
| 22 | 22. Has used a motor vehicle in violating paragraph | ||||||
| 23 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
| 24 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 25 | relating
to unlawful use of weapons, in which case the | ||||||
| 26 | suspension shall be for one
year;
| ||||||
| |||||||
| |||||||
| 1 | 23. Has, as a driver, been convicted of committing a | ||||||
| 2 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
| 3 | for a second or subsequent
time within one year of a | ||||||
| 4 | similar violation;
| ||||||
| 5 | 24. Has been convicted by a court-martial or punished | ||||||
| 6 | by non-judicial
punishment by military authorities of the | ||||||
| 7 | United States at a military
installation in Illinois of or | ||||||
| 8 | for a traffic related offense that is the
same as or | ||||||
| 9 | similar to an offense specified under Section 6-205 or | ||||||
| 10 | 6-206 of
this Code;
| ||||||
| 11 | 25. Has permitted any form of identification to be used | ||||||
| 12 | by another in
the application process in order to obtain or | ||||||
| 13 | attempt to obtain a license,
identification card, or | ||||||
| 14 | permit;
| ||||||
| 15 | 26. Has altered or attempted to alter a license or has | ||||||
| 16 | possessed an
altered license, identification card, or | ||||||
| 17 | permit;
| ||||||
| 18 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
| 19 | of 1934;
| ||||||
| 20 | 28. Has been convicted for a first time of the illegal | ||||||
| 21 | possession, while operating or
in actual physical control, | ||||||
| 22 | as a driver, of a motor vehicle, of any
controlled | ||||||
| 23 | substance prohibited under the Illinois Controlled | ||||||
| 24 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
| 25 | Control
Act, or any methamphetamine prohibited under the | ||||||
| 26 | Methamphetamine Control and Community Protection Act, in | ||||||
| |||||||
| |||||||
| 1 | which case the person's driving privileges shall be | ||||||
| 2 | suspended for
one year.
Any defendant found guilty of this | ||||||
| 3 | offense while operating a motor vehicle,
shall have an | ||||||
| 4 | entry made in the court record by the presiding judge that
| ||||||
| 5 | this offense did occur while the defendant was operating a | ||||||
| 6 | motor vehicle
and order the clerk of the court to report | ||||||
| 7 | the violation to the Secretary
of State;
| ||||||
| 8 | 29. Has been convicted of the following offenses that | ||||||
| 9 | were committed
while the person was operating or in actual | ||||||
| 10 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
| 11 | sexual assault,
predatory criminal sexual assault of a | ||||||
| 12 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
| 13 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
| 14 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
| 15 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
| 16 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
| 17 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
| 18 | delivery of controlled substances or instruments used for | ||||||
| 19 | illegal drug use
or abuse in which case the driver's | ||||||
| 20 | driving privileges shall be suspended
for one year;
| ||||||
| 21 | 30. Has been convicted a second or subsequent time for | ||||||
| 22 | any
combination of the offenses named in paragraph 29 of | ||||||
| 23 | this subsection,
in which case the person's driving | ||||||
| 24 | privileges shall be suspended for 5
years;
| ||||||
| 25 | 31. Has refused to submit to a test as
required by | ||||||
| 26 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
| |||||||
| |||||||
| 1 | Registration and Safety Act or has submitted to a test | ||||||
| 2 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
| 3 | any amount of a drug, substance, or
compound resulting from | ||||||
| 4 | the unlawful use or consumption of cannabis as listed
in | ||||||
| 5 | the Cannabis Control Act, a controlled substance as listed | ||||||
| 6 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
| 7 | compound as listed in the Use of
Intoxicating Compounds | ||||||
| 8 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
| 9 | Control and Community Protection Act, in which case the | ||||||
| 10 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
| 11 | 32. Has been convicted of Section 24-1.2 of the | ||||||
| 12 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
| 13 | to the aggravated discharge of a firearm if the offender | ||||||
| 14 | was
located in a motor vehicle at the time the firearm was | ||||||
| 15 | discharged, in which
case the suspension shall be for 3 | ||||||
| 16 | years;
| ||||||
| 17 | 33. Has as a driver, who was less than 21 years of age | ||||||
| 18 | on the date of
the offense, been convicted a first time of | ||||||
| 19 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
| 20 | or a similar provision of a local ordinance;
| ||||||
| 21 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
| 22 | this Code or a similar provision of a local ordinance;
| ||||||
| 23 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
| 24 | this Code or a similar provision of a local ordinance;
| ||||||
| 25 | 36. Is under the age of 21 years at the time of arrest | ||||||
| 26 | and has been
convicted of not less than 2 offenses against | ||||||
| |||||||
| |||||||
| 1 | traffic regulations governing
the movement of vehicles | ||||||
| 2 | committed within any 24 month period. No revocation
or | ||||||
| 3 | suspension shall be entered more than 6 months after the | ||||||
| 4 | date of last
conviction;
| ||||||
| 5 | 37. Has committed a violation of subsection (c) of | ||||||
| 6 | Section 11-907 of this
Code that resulted in damage to the | ||||||
| 7 | property of another or the death or injury of another;
| ||||||
| 8 | 38. Has been convicted of a violation of Section 6-20 | ||||||
| 9 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
| 10 | a local ordinance;
| ||||||
| 11 | 39. Has committed a second or subsequent violation of | ||||||
| 12 | Section
11-1201 of this Code;
| ||||||
| 13 | 40. Has committed a violation of subsection (a-1) of | ||||||
| 14 | Section 11-908 of
this Code; | ||||||
| 15 | 41. Has committed a second or subsequent violation of | ||||||
| 16 | Section 11-605.1 of this Code, a similar provision of a | ||||||
| 17 | local ordinance, or a similar violation in any other state | ||||||
| 18 | within 2 years of the date of the previous violation, in | ||||||
| 19 | which case the suspension shall be for 90 days; | ||||||
| 20 | 42. Has committed a violation of subsection (a-1) of | ||||||
| 21 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
| 22 | local ordinance;
| ||||||
| 23 | 43. Has received a disposition of court supervision for | ||||||
| 24 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
| 25 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
| 26 | a local ordinance, in which case the suspension shall be | ||||||
| |||||||
| |||||||
| 1 | for a period of 3 months;
| ||||||
| 2 | 44.
Is under the age of 21 years at the time of arrest | ||||||
| 3 | and has been convicted of an offense against traffic | ||||||
| 4 | regulations governing the movement of vehicles after | ||||||
| 5 | having previously had his or her driving privileges
| ||||||
| 6 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
| 7 | Section; | ||||||
| 8 | 45.
Has, in connection with or during the course of a | ||||||
| 9 | formal hearing conducted under Section 2-118 of this Code: | ||||||
| 10 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
| 11 | falsified documents; (iii) submitted documents that have | ||||||
| 12 | been materially altered; or (iv) submitted, as his or her | ||||||
| 13 | own, documents that were in fact prepared or composed for | ||||||
| 14 | another person; | ||||||
| 15 | 46. Has committed a violation of subsection (j) of | ||||||
| 16 | Section 3-413 of this Code; or
| ||||||
| 17 | 47. Has committed a violation of Section 11-502.1 of | ||||||
| 18 | this Code. | ||||||
| 19 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
| 20 | and 27 of this
subsection, license means any driver's license, | ||||||
| 21 | any traffic ticket issued when
the person's driver's license is | ||||||
| 22 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
| 23 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
| 24 | a probationary driver's license or a temporary driver's | ||||||
| 25 | license. | ||||||
| 26 | (b) If any conviction forming the basis of a suspension or
| ||||||
| |||||||
| |||||||
| 1 | revocation authorized under this Section is appealed, the
| ||||||
| 2 | Secretary of State may rescind or withhold the entry of the | ||||||
| 3 | order of suspension
or revocation, as the case may be, provided | ||||||
| 4 | that a certified copy of a stay
order of a court is filed with | ||||||
| 5 | the Secretary of State. If the conviction is
affirmed on | ||||||
| 6 | appeal, the date of the conviction shall relate back to the | ||||||
| 7 | time
the original judgment of conviction was entered and the 6 | ||||||
| 8 | month limitation
prescribed shall not apply.
| ||||||
| 9 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
| 10 | permit of
any person as authorized in this Section, the | ||||||
| 11 | Secretary of State shall
immediately notify the person in | ||||||
| 12 | writing of the revocation or suspension.
The notice to be | ||||||
| 13 | deposited in the United States mail, postage prepaid,
to the | ||||||
| 14 | last known address of the person.
| ||||||
| 15 | 2. If the Secretary of State suspends the driver's | ||||||
| 16 | license
of a person under subsection 2 of paragraph (a) of | ||||||
| 17 | this Section, a
person's privilege to operate a vehicle as | ||||||
| 18 | an occupation shall not be
suspended, provided an affidavit | ||||||
| 19 | is properly completed, the appropriate fee
received, and a | ||||||
| 20 | permit issued prior to the effective date of the
| ||||||
| 21 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
| 22 | which occurred
while operating a commercial vehicle in | ||||||
| 23 | connection with the driver's
regular occupation. All other | ||||||
| 24 | driving privileges shall be suspended by the
Secretary of | ||||||
| 25 | State. Any driver prior to operating a vehicle for
| ||||||
| 26 | occupational purposes only must submit the affidavit on | ||||||
| |||||||
| |||||||
| 1 | forms to be
provided by the Secretary of State setting | ||||||
| 2 | forth the facts of the person's
occupation. The affidavit | ||||||
| 3 | shall also state the number of offenses
committed while | ||||||
| 4 | operating a vehicle in connection with the driver's regular
| ||||||
| 5 | occupation. The affidavit shall be accompanied by the | ||||||
| 6 | driver's license.
Upon receipt of a properly completed | ||||||
| 7 | affidavit, the Secretary of State
shall issue the driver a | ||||||
| 8 | permit to operate a vehicle in connection with the
driver's | ||||||
| 9 | regular occupation only. Unless the permit is issued by the
| ||||||
| 10 | Secretary of State prior to the date of suspension, the | ||||||
| 11 | privilege to drive
any motor vehicle shall be suspended as | ||||||
| 12 | set forth in the notice that was
mailed under this Section. | ||||||
| 13 | If an affidavit is received subsequent to the
effective | ||||||
| 14 | date of this suspension, a permit may be issued for the | ||||||
| 15 | remainder
of the suspension period.
| ||||||
| 16 | The provisions of this subparagraph shall not apply to | ||||||
| 17 | any driver
required to possess a CDL for the purpose of | ||||||
| 18 | operating a commercial motor vehicle.
| ||||||
| 19 | Any person who falsely states any fact in the affidavit | ||||||
| 20 | required
herein shall be guilty of perjury under Section | ||||||
| 21 | 6-302 and upon conviction
thereof shall have all driving | ||||||
| 22 | privileges revoked without further rights.
| ||||||
| 23 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
| 24 | of this Code,
the Secretary of State shall either rescind | ||||||
| 25 | or continue an order of
revocation or shall substitute an | ||||||
| 26 | order of suspension; or, good
cause appearing therefor, | ||||||
| |||||||
| |||||||
| 1 | rescind, continue, change, or extend the
order of | ||||||
| 2 | suspension. If the Secretary of State does not rescind the | ||||||
| 3 | order,
the Secretary may upon application,
to relieve undue | ||||||
| 4 | hardship (as defined by the rules of the Secretary of | ||||||
| 5 | State), issue
a restricted driving permit granting the | ||||||
| 6 | privilege of driving a motor
vehicle between the | ||||||
| 7 | petitioner's residence and petitioner's place of
| ||||||
| 8 | employment or within the scope of the petitioner's | ||||||
| 9 | employment related duties, or to
allow the petitioner to | ||||||
| 10 | transport himself or herself, or a family member of the
| ||||||
| 11 | petitioner's household to a medical facility, to receive | ||||||
| 12 | necessary medical care, to allow the petitioner to | ||||||
| 13 | transport himself or herself to and from alcohol or drug
| ||||||
| 14 | remedial or rehabilitative activity recommended by a | ||||||
| 15 | licensed service provider, or to allow the petitioner to | ||||||
| 16 | transport himself or herself or a family member of the | ||||||
| 17 | petitioner's household to classes, as a student, at an | ||||||
| 18 | accredited educational institution, or to allow the | ||||||
| 19 | petitioner to transport children, elderly persons, or | ||||||
| 20 | disabled persons who do not hold driving privileges and are | ||||||
| 21 | living in the petitioner's household to and from daycare. | ||||||
| 22 | The
petitioner must demonstrate that no alternative means | ||||||
| 23 | of
transportation is reasonably available and that the | ||||||
| 24 | petitioner will not endanger
the public safety or welfare. | ||||||
| 25 | Those multiple offenders identified in subdivision (b)4 of | ||||||
| 26 | Section 6-208 of this Code, however, shall not be eligible | ||||||
| |||||||
| |||||||
| 1 | for the issuance of a restricted driving permit.
| ||||||
| 2 |
(A) If a person's license or permit is revoked or | ||||||
| 3 | suspended due to 2
or more convictions of violating | ||||||
| 4 | Section 11-501 of this Code or a similar
provision of a | ||||||
| 5 | local ordinance or a similar out-of-state offense, or | ||||||
| 6 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 7 | Criminal Code of 2012, where the use of alcohol or | ||||||
| 8 | other drugs is recited as an element of the offense, or | ||||||
| 9 | a similar out-of-state offense, or a combination of | ||||||
| 10 | these offenses, arising out
of separate occurrences, | ||||||
| 11 | that person, if issued a restricted driving permit,
may | ||||||
| 12 | not operate a vehicle unless it has been equipped with | ||||||
| 13 | an ignition
interlock device as defined in Section | ||||||
| 14 | 1-129.1.
| ||||||
| 15 | (B) If a person's license or permit is revoked or | ||||||
| 16 | suspended 2 or more
times within a 10 year period due | ||||||
| 17 | to any combination of: | ||||||
| 18 | (i) a single conviction of violating Section
| ||||||
| 19 | 11-501 of this Code or a similar provision of a | ||||||
| 20 | local ordinance or a similar
out-of-state offense | ||||||
| 21 | or Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 22 | Criminal Code of 2012, where the use of alcohol or | ||||||
| 23 | other drugs is recited as an element of the | ||||||
| 24 | offense, or a similar out-of-state offense; or | ||||||
| 25 | (ii) a statutory summary suspension or | ||||||
| 26 | revocation under Section
11-501.1; or | ||||||
| |||||||
| |||||||
| 1 | (iii) a suspension under Section 6-203.1; | ||||||
| 2 | arising out of
separate occurrences; that person, if | ||||||
| 3 | issued a restricted driving permit, may
not operate a | ||||||
| 4 | vehicle unless it has been
equipped with an ignition | ||||||
| 5 | interlock device as defined in Section 1-129.1. | ||||||
| 6 | (C)
The person issued a permit conditioned upon the | ||||||
| 7 | use of an ignition interlock device must pay to the | ||||||
| 8 | Secretary of State DUI Administration Fund an amount
| ||||||
| 9 | not to exceed $30 per month. The Secretary shall | ||||||
| 10 | establish by rule the amount
and the procedures, terms, | ||||||
| 11 | and conditions relating to these fees. | ||||||
| 12 | (D) If the
restricted driving permit is issued for | ||||||
| 13 | employment purposes, then the prohibition against | ||||||
| 14 | operating a motor vehicle that is not equipped with an | ||||||
| 15 | ignition interlock device does not apply to the | ||||||
| 16 | operation of an occupational vehicle owned or
leased by | ||||||
| 17 | that person's employer when used solely for employment | ||||||
| 18 | purposes. | ||||||
| 19 | (E) In each case the Secretary may issue a
| ||||||
| 20 | restricted driving permit for a period deemed | ||||||
| 21 | appropriate, except that all
permits shall expire | ||||||
| 22 | within one year from the date of issuance. The | ||||||
| 23 | Secretary
may not, however, issue a restricted driving | ||||||
| 24 | permit to any person whose current
revocation is the | ||||||
| 25 | result of a second or subsequent conviction for a | ||||||
| 26 | violation
of Section 11-501 of this Code or a similar | ||||||
| |||||||
| |||||||
| 1 | provision of a local ordinance
or any similar | ||||||
| 2 | out-of-state offense, or Section 9-3 of the Criminal | ||||||
| 3 | Code of 1961 or the Criminal Code of 2012, where the | ||||||
| 4 | use of alcohol or other drugs is recited as an element | ||||||
| 5 | of the offense, or any similar out-of-state offense, or | ||||||
| 6 | any combination
of those offenses, until the | ||||||
| 7 | expiration of at least one year from the date of
the | ||||||
| 8 | revocation. A
restricted driving permit issued under | ||||||
| 9 | this Section shall be subject to
cancellation, | ||||||
| 10 | revocation, and suspension by the Secretary of State in | ||||||
| 11 | like
manner and for like cause as a driver's license | ||||||
| 12 | issued under this Code may be
cancelled, revoked, or | ||||||
| 13 | suspended; except that a conviction upon one or more
| ||||||
| 14 | offenses against laws or ordinances regulating the | ||||||
| 15 | movement of traffic
shall be deemed sufficient cause | ||||||
| 16 | for the revocation, suspension, or
cancellation of a | ||||||
| 17 | restricted driving permit. The Secretary of State may, | ||||||
| 18 | as
a condition to the issuance of a restricted driving | ||||||
| 19 | permit, require the
applicant to participate in a | ||||||
| 20 | designated driver remedial or rehabilitative
program. | ||||||
| 21 | The Secretary of State is authorized to cancel a | ||||||
| 22 | restricted
driving permit if the permit holder does not | ||||||
| 23 | successfully complete the program.
| ||||||
| 24 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
| 25 | subsection (a), reports received by the Secretary of State | ||||||
| 26 | under this Section shall, except during the actual time the | ||||||
| |||||||
| |||||||
| 1 | suspension is in effect, be privileged information and for use | ||||||
| 2 | only by the courts, police officers, prosecuting authorities, | ||||||
| 3 | the driver licensing administrator of any other state, the | ||||||
| 4 | Secretary of State, or the parent or legal guardian of a driver | ||||||
| 5 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
| 6 | person is a CDL holder, the suspension shall also be made | ||||||
| 7 | available to the driver licensing administrator of any other | ||||||
| 8 | state, the U.S. Department of Transportation, and the affected | ||||||
| 9 | driver or motor
carrier or prospective motor carrier upon | ||||||
| 10 | request.
| ||||||
| 11 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
| 12 | subsection (a), the Secretary of State shall notify the person | ||||||
| 13 | by mail that his or her driving privileges and driver's license | ||||||
| 14 | will be suspended one month after the date of the mailing of | ||||||
| 15 | the notice.
| ||||||
| 16 | (c-5) The Secretary of State may, as a condition of the | ||||||
| 17 | reissuance of a
driver's license or permit to an applicant | ||||||
| 18 | whose driver's license or permit has
been suspended before he | ||||||
| 19 | or she reached the age of 21 years pursuant to any of
the | ||||||
| 20 | provisions of this Section, require the applicant to | ||||||
| 21 | participate in a
driver remedial education course and be | ||||||
| 22 | retested under Section 6-109 of this
Code.
| ||||||
| 23 | (d) This Section is subject to the provisions of the | ||||||
| 24 | Drivers License
Compact.
| ||||||
| 25 | (e) The Secretary of State shall not issue a restricted | ||||||
| 26 | driving permit to
a person under the age of 16 years whose | ||||||
| |||||||
| |||||||
| 1 | driving privileges have been suspended
or revoked under any | ||||||
| 2 | provisions of this Code.
| ||||||
| 3 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
| 4 | State may not issue a restricted driving permit for the | ||||||
| 5 | operation of a commercial motor vehicle to a person holding a | ||||||
| 6 | CDL whose driving privileges have been suspended, revoked, | ||||||
| 7 | cancelled, or disqualified under any provisions of this Code. | ||||||
| 8 | (Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; | ||||||
| 9 | 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13; | ||||||
| 10 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff. | ||||||
| 11 | 1-1-14; 98-122, eff. 1-1-14; revised 9-19-13.)
| ||||||
| 12 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||||||
| 13 | Sec. 6-303. Driving while driver's license, permit or | ||||||
| 14 | privilege to
operate a motor vehicle is suspended or revoked.
| ||||||
| 15 | (a) Except as otherwise provided in subsection (a-5), any | ||||||
| 16 | person who drives or is in actual physical control of a motor
| ||||||
| 17 | vehicle on any highway of this State at a time when such | ||||||
| 18 | person's driver's
license, permit or privilege to do so or the | ||||||
| 19 | privilege to obtain a driver's
license or permit is revoked or | ||||||
| 20 | suspended as provided by this Code or the law
of another state, | ||||||
| 21 | except as may be specifically allowed by a judicial driving
| ||||||
| 22 | permit issued prior to January 1, 2009, monitoring device | ||||||
| 23 | driving permit, family financial responsibility driving | ||||||
| 24 | permit, probationary
license to drive, or a restricted driving | ||||||
| 25 | permit issued pursuant to this Code
or under the law of another | ||||||
| |||||||
| |||||||
| 1 | state, shall be guilty of a Class A misdemeanor.
| ||||||
| 2 | (a-3) A second or subsequent violation of subsection (a) of | ||||||
| 3 | this Section is a Class 4 felony if committed by a person whose | ||||||
| 4 | driving or operation of a motor vehicle is the proximate cause | ||||||
| 5 | of a motor vehicle accident that causes personal injury or | ||||||
| 6 | death to another. For purposes of this subsection, a personal | ||||||
| 7 | injury includes any Type A injury as indicated on the traffic | ||||||
| 8 | accident report completed by a law enforcement officer that | ||||||
| 9 | requires immediate professional attention in either a doctor's | ||||||
| 10 | office or a medical facility. A Type A injury includes severe | ||||||
| 11 | bleeding wounds, distorted extremities, and injuries that | ||||||
| 12 | require the injured party to be carried from the scene. | ||||||
| 13 | (a-5) Any person who violates this Section as provided in | ||||||
| 14 | subsection (a) while his or her driver's license, permit or | ||||||
| 15 | privilege is revoked because of a violation of Section 9-3 of | ||||||
| 16 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 17 | relating to the offense of reckless homicide or a similar | ||||||
| 18 | provision of a law of another state, is guilty of a Class 4 | ||||||
| 19 | felony. The person shall be required to undergo a professional | ||||||
| 20 | evaluation, as provided in Section 11-501 of this Code, to | ||||||
| 21 | determine if an alcohol, drug, or intoxicating compound problem | ||||||
| 22 | exists and the extent of the problem, and to undergo the | ||||||
| 23 | imposition of treatment as appropriate.
| ||||||
| 24 | (a-10) A person's driver's license, permit, or privilege to | ||||||
| 25 | obtain a driver's license or permit may be subject to multiple | ||||||
| 26 | revocations, multiple suspensions, or any combination of both | ||||||
| |||||||
| |||||||
| 1 | simultaneously. No revocation or suspension shall serve to | ||||||
| 2 | negate, invalidate, cancel, postpone, or in any way lessen the | ||||||
| 3 | effect of any other revocation or suspension entered prior or | ||||||
| 4 | subsequent to any other revocation or suspension. | ||||||
| 5 | (b) (Blank). | ||||||
| 6 | (b-1) Upon receiving a report of the conviction of any | ||||||
| 7 | violation indicating a person was operating a motor vehicle | ||||||
| 8 | during the time when the person's driver's license, permit or | ||||||
| 9 | privilege was suspended by the Secretary of State or the | ||||||
| 10 | driver's licensing administrator of another state, except as | ||||||
| 11 | specifically allowed by a probationary license, judicial | ||||||
| 12 | driving permit, restricted driving permit or monitoring device | ||||||
| 13 | driving permit the Secretary shall extend the suspension for | ||||||
| 14 | the same period of time as the originally imposed suspension | ||||||
| 15 | unless the suspension has already expired, in which case the | ||||||
| 16 | Secretary shall be authorized to suspend the person's driving | ||||||
| 17 | privileges for the same period of time as the originally | ||||||
| 18 | imposed suspension. | ||||||
| 19 | (b-2) Except as provided in subsection (b-6), upon | ||||||
| 20 | receiving a report of the conviction of any violation | ||||||
| 21 | indicating a person was operating a motor vehicle when the | ||||||
| 22 | person's driver's license, permit or privilege was revoked by | ||||||
| 23 | the Secretary of State or the driver's license administrator of | ||||||
| 24 | any other state, except as specifically allowed by a restricted | ||||||
| 25 | driving permit issued pursuant to this Code or the law of | ||||||
| 26 | another state, the Secretary shall not issue a driver's license | ||||||
| |||||||
| |||||||
| 1 | for an additional period of one year from the date of such | ||||||
| 2 | conviction indicating such person was operating a vehicle | ||||||
| 3 | during such period of revocation. | ||||||
| 4 | (b-3) (Blank).
| ||||||
| 5 | (b-4) When the Secretary of State receives a report of a | ||||||
| 6 | conviction of any violation indicating a person was operating a | ||||||
| 7 | motor vehicle that was not equipped with an ignition interlock | ||||||
| 8 | device during a time when the person was prohibited from | ||||||
| 9 | operating a motor vehicle not equipped with such a device, the | ||||||
| 10 | Secretary shall not issue a driver's license to that person for | ||||||
| 11 | an additional period of one year from the date of the | ||||||
| 12 | conviction.
| ||||||
| 13 | (b-5) Any person convicted of violating this Section shall | ||||||
| 14 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
| 15 | 300
hours of community service
when the person's driving | ||||||
| 16 | privilege was revoked or suspended as a result of a violation | ||||||
| 17 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
| 18 | Code of 2012,
relating to the offense of reckless homicide, or | ||||||
| 19 | a similar provision of a law of another state.
| ||||||
| 20 | (b-6) Upon receiving a report of a first conviction of | ||||||
| 21 | operating a motor vehicle while the person's driver's license, | ||||||
| 22 | permit or privilege was revoked where the revocation was for a | ||||||
| 23 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 24 | Criminal Code of 2012 relating to the offense of reckless | ||||||
| 25 | homicide or a similar out-of-state offense, the Secretary shall | ||||||
| 26 | not issue a driver's license for an additional period of three | ||||||
| |||||||
| |||||||
| 1 | years from the date of such conviction. | ||||||
| 2 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
| 3 | person convicted of violating this Section shall serve a | ||||||
| 4 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
| 5 | of community service
when the person's driving privilege was | ||||||
| 6 | revoked or suspended as a result of:
| ||||||
| 7 | (1) a violation of Section 11-501 of this Code or a | ||||||
| 8 | similar provision
of a local ordinance relating to the | ||||||
| 9 | offense of operating or being in physical
control of a | ||||||
| 10 | vehicle while under the influence of alcohol, any other | ||||||
| 11 | drug
or any combination thereof; or
| ||||||
| 12 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
| 13 | this Code or a
similar provision of a local ordinance | ||||||
| 14 | relating to the offense of leaving the
scene of a motor | ||||||
| 15 | vehicle accident involving personal injury or death; or
| ||||||
| 16 | (3)
a statutory summary suspension or revocation under | ||||||
| 17 | Section 11-501.1 of this
Code.
| ||||||
| 18 | Such sentence of imprisonment or community service shall | ||||||
| 19 | not be subject
to suspension in order to reduce such sentence.
| ||||||
| 20 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
| 21 | person convicted of a
second violation of this Section shall be | ||||||
| 22 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
| 23 | community service.
| ||||||
| 24 | (c-2) In addition to other penalties imposed under this | ||||||
| 25 | Section, the
court may impose on any person convicted a fourth | ||||||
| 26 | time of violating this
Section any of
the following:
| ||||||
| |||||||
| |||||||
| 1 | (1) Seizure of the license plates of the person's | ||||||
| 2 | vehicle.
| ||||||
| 3 | (2) Immobilization of the person's vehicle for a period | ||||||
| 4 | of time
to be determined by the court.
| ||||||
| 5 | (c-3) Any person convicted of a violation of this Section | ||||||
| 6 | during a period of summary suspension imposed pursuant to | ||||||
| 7 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
| 8 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
| 9 | imprisonment of 30 days. | ||||||
| 10 | (c-4) Any person who has been issued a MDDP and who is | ||||||
| 11 | convicted of a violation of this Section as a result of | ||||||
| 12 | operating or being in actual physical control of a motor | ||||||
| 13 | vehicle not equipped with an ignition interlock device at the | ||||||
| 14 | time of the offense shall be guilty of a Class 4 felony and | ||||||
| 15 | shall serve a minimum term of imprisonment of 30 days.
| ||||||
| 16 | (c-5) Any person convicted of a second violation of this
| ||||||
| 17 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
| 18 | probation or conditional discharge, and shall serve a mandatory | ||||||
| 19 | term of
imprisonment, if: | ||||||
| 20 | (1) the current violation occurred when the person's | ||||||
| 21 | driver's license was suspended or revoked for a violation | ||||||
| 22 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
| 23 | Code of 2012, relating
to the offense of reckless homicide, | ||||||
| 24 | or a similar out-of-state offense; and | ||||||
| 25 | (2) the prior conviction under this Section occurred | ||||||
| 26 | while the person's driver's license was suspended or | ||||||
| |||||||
| |||||||
| 1 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
| 2 | of 1961 or the Criminal Code of 2012 relating to the | ||||||
| 3 | offense of reckless homicide, or a similar out-of-state | ||||||
| 4 | offense, or was suspended or revoked for a violation of | ||||||
| 5 | Section 11-401 or 11-501 of this Code, a similar | ||||||
| 6 | out-of-state offense, a similar provision of a local | ||||||
| 7 | ordinance, or a statutory summary suspension or revocation | ||||||
| 8 | under Section 11-501.1 of this Code.
| ||||||
| 9 | (d) Any person convicted of a second violation of this
| ||||||
| 10 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
| 11 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
| 12 | community service, as determined by the
court, if: | ||||||
| 13 | (1) the current violation occurred when the person's | ||||||
| 14 | driver's license was suspended or revoked for a violation | ||||||
| 15 | of Section 11-401 or 11-501 of this Code,
a similar | ||||||
| 16 | out-of-state offense, a similar provision of a local
| ||||||
| 17 | ordinance, or a
statutory summary suspension or revocation | ||||||
| 18 | under Section 11-501.1 of this Code; and | ||||||
| 19 | (2) the prior conviction under this Section occurred | ||||||
| 20 | while the person's driver's license was suspended or | ||||||
| 21 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
| 22 | Code, a similar out-of-state offense, a similar provision | ||||||
| 23 | of a local ordinance, or a statutory summary suspension or | ||||||
| 24 | revocation under Section 11-501.1 of this Code, or for a | ||||||
| 25 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
| 26 | the Criminal Code of 2012, relating to the offense of | ||||||
| |||||||
| |||||||
| 1 | reckless homicide, or a similar out-of-state offense.
| ||||||
| 2 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
| 3 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
| 4 | of this Section shall serve a minimum term of
imprisonment of | ||||||
| 5 | 30 days or 300 hours of community service, as determined by the
| ||||||
| 6 | court.
| ||||||
| 7 | (d-2) Any person convicted of a third violation of this
| ||||||
| 8 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
| 9 | term of
imprisonment of 30 days, if: | ||||||
| 10 | (1) the current violation occurred when the person's | ||||||
| 11 | driver's license was suspended or revoked for a violation | ||||||
| 12 | of Section 11-401 or 11-501 of this Code,
or a similar | ||||||
| 13 | out-of-state offense, or a similar provision of a local
| ||||||
| 14 | ordinance, or a
statutory summary suspension or revocation | ||||||
| 15 | under Section 11-501.1 of this Code; and | ||||||
| 16 | (2) the prior convictions under this Section occurred | ||||||
| 17 | while the person's driver's license was suspended or | ||||||
| 18 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
| 19 | Code, a similar out-of-state offense, a similar provision | ||||||
| 20 | of a local ordinance, or a statutory summary suspension or | ||||||
| 21 | revocation under Section 11-501.1 of this Code, or for a | ||||||
| 22 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
| 23 | the Criminal Code of 2012, relating to the offense of | ||||||
| 24 | reckless homicide, or a similar out-of-state offense.
| ||||||
| 25 | (d-2.5) Any person convicted of a third violation of this
| ||||||
| 26 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
| |||||||
| |||||||
| 1 | probation or conditional discharge, and must serve a mandatory | ||||||
| 2 | term of
imprisonment, if: | ||||||
| 3 | (1) the current violation occurred while the person's | ||||||
| 4 | driver's license was suspended or revoked for a violation | ||||||
| 5 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
| 6 | Code of 2012, relating to the offense of reckless homicide, | ||||||
| 7 | or a similar out-of-state offense.
The person's driving | ||||||
| 8 | privileges shall be revoked for the remainder of the | ||||||
| 9 | person's life; and | ||||||
| 10 | (2) the prior convictions under this Section occurred | ||||||
| 11 | while the person's driver's license was suspended or | ||||||
| 12 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
| 13 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
| 14 | offense of reckless homicide, or a similar out-of-state | ||||||
| 15 | offense, or was suspended or revoked for a violation of | ||||||
| 16 | Section 11-401 or 11-501 of this Code, a similar | ||||||
| 17 | out-of-state offense, a similar provision of a local | ||||||
| 18 | ordinance, or a statutory summary suspension or revocation | ||||||
| 19 | under Section 11-501.1 of this Code. | ||||||
| 20 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
| 21 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
| 22 | of a Class 4 felony and must serve a minimum term of
| ||||||
| 23 | imprisonment of 180 days, if: | ||||||
| 24 | (1) the current violation occurred when the person's | ||||||
| 25 | driver's license was suspended or revoked for a
violation | ||||||
| 26 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
| |||||||
| |||||||
| 1 | out-of-state
offense, a similar provision of a local | ||||||
| 2 | ordinance, or a statutory
summary suspension or revocation | ||||||
| 3 | under Section 11-501.1 of this Code; and | ||||||
| 4 | (2) the prior convictions under this Section occurred | ||||||
| 5 | while the person's driver's license was suspended or | ||||||
| 6 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
| 7 | Code, a similar out-of-state offense, a similar provision | ||||||
| 8 | of a local ordinance, or a statutory summary suspension or | ||||||
| 9 | revocation under Section 11-501.1 of this Code, or for a | ||||||
| 10 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
| 11 | the Criminal Code of 2012, relating to the offense of | ||||||
| 12 | reckless homicide, or a similar out-of-state offense.
| ||||||
| 13 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
| 14 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
| 15 | eligible for probation or conditional discharge, and must serve | ||||||
| 16 | a mandatory term of
imprisonment, and is eligible for an | ||||||
| 17 | extended term, if: | ||||||
| 18 | (1) the current violation occurred when the person's | ||||||
| 19 | driver's license was suspended or revoked for a
violation | ||||||
| 20 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
| 21 | Code of 2012, relating to the offense of reckless homicide, | ||||||
| 22 | or a similar out-of-state offense; and | ||||||
| 23 | (2) the prior convictions under this Section occurred | ||||||
| 24 | while the person's driver's license was suspended or | ||||||
| 25 | revoked for a violation of Section 9-3 of the Criminal Code | ||||||
| 26 | of 1961 or the Criminal Code of 2012, relating to the | ||||||
| |||||||
| |||||||
| 1 | offense of reckless homicide, or a similar out-of-state | ||||||
| 2 | offense, or was suspended or revoked for a violation of | ||||||
| 3 | Section 11-401 or 11-501 of this Code, a similar | ||||||
| 4 | out-of-state offense, a similar provision of a local | ||||||
| 5 | ordinance, or a statutory summary suspension or revocation | ||||||
| 6 | under Section 11-501.1 of this Code.
| ||||||
| 7 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
| 8 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
| 9 | of a Class 3 felony, and is not eligible for probation or | ||||||
| 10 | conditional discharge, if: | ||||||
| 11 | (1) the current violation occurred when the person's | ||||||
| 12 | driver's license was suspended or revoked for a violation | ||||||
| 13 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
| 14 | out-of-state offense, or a similar provision of a local | ||||||
| 15 | ordinance, or a statutory summary suspension or revocation | ||||||
| 16 | under Section 11-501.1 of this Code; and | ||||||
| 17 | (2) the prior convictions under this Section occurred | ||||||
| 18 | while the person's driver's license was suspended or | ||||||
| 19 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
| 20 | Code, a similar out-of-state offense, a similar provision | ||||||
| 21 | of a local ordinance, or a statutory suspension or | ||||||
| 22 | revocation under Section 11-501.1 of this Code, or for a | ||||||
| 23 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
| 24 | the Criminal Code of 2012, relating to the offense of | ||||||
| 25 | reckless homicide, or a similar out-of-state offense. | ||||||
| 26 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
| |||||||
| |||||||
| 1 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
| 2 | not eligible for probation or conditional discharge, if: | ||||||
| 3 | (1) the current violation occurred when the person's | ||||||
| 4 | driver's license was suspended or revoked for a violation | ||||||
| 5 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
| 6 | out-of-state offense, or a similar provision of a local | ||||||
| 7 | ordinance, or a statutory summary suspension or revocation | ||||||
| 8 | under Section 11-501.1 of this Code; and | ||||||
| 9 | (2) the prior convictions under this Section occurred | ||||||
| 10 | while the person's driver's license was suspended or | ||||||
| 11 | revoked for a violation of Section 11-401 or 11-501 of this | ||||||
| 12 | Code, a similar out-of-state offense, a similar provision | ||||||
| 13 | of a local ordinance, or a statutory summary suspension or | ||||||
| 14 | revocation under Section 11-501.1 of this Code, or for a | ||||||
| 15 | violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
| 16 | the Criminal Code of 2012, relating to the offense of | ||||||
| 17 | reckless homicide, or a similar out-of-state offense.
| ||||||
| 18 | (e) Any person in violation of this Section who is also in | ||||||
| 19 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
| 20 | insurance requirements, in
addition to other penalties imposed | ||||||
| 21 | under this Section, shall have his or her
motor vehicle | ||||||
| 22 | immediately impounded by the arresting law enforcement | ||||||
| 23 | officer.
The motor vehicle may be released to any licensed | ||||||
| 24 | driver upon a showing of
proof of insurance for the vehicle | ||||||
| 25 | that was impounded and the notarized written
consent for the | ||||||
| 26 | release by the vehicle owner.
| ||||||
| |||||||
| |||||||
| 1 | (f) For any prosecution under this Section, a certified | ||||||
| 2 | copy of the
driving abstract of the defendant shall be admitted | ||||||
| 3 | as proof of any prior
conviction.
| ||||||
| 4 | (g) The motor vehicle used in a violation of this Section | ||||||
| 5 | is subject
to seizure and forfeiture as provided in Sections | ||||||
| 6 | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | ||||||
| 7 | driving privilege was revoked
or suspended as a result of: | ||||||
| 8 | (1) a violation of Section 11-501 of this Code, a | ||||||
| 9 | similar provision
of a local ordinance, or a similar | ||||||
| 10 | provision of a law of another state; | ||||||
| 11 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
| 12 | this Code, a
similar provision of a local ordinance, or a | ||||||
| 13 | similar provision of a law of another state; | ||||||
| 14 | (3) a statutory summary suspension or revocation under | ||||||
| 15 | Section 11-501.1 of this
Code or a similar provision of a | ||||||
| 16 | law of another state; or | ||||||
| 17 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
| 18 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
| 19 | of reckless homicide, or a similar provision of a law of | ||||||
| 20 | another state.
| ||||||
| 21 | (Source: P.A. 97-984, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| 22 | 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; 98-573, eff. | ||||||
| 23 | 8-27-13; revised 9-19-13.)
| ||||||
| 24 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
| 25 | (Text of Section before amendment by P.A. 98-176) | ||||||
| |||||||
| |||||||
| 1 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
| 2 | qualification standards.
| ||||||
| 3 | (a) Testing.
| ||||||
| 4 | (1) General. No person shall be issued an original or | ||||||
| 5 | renewal CDL
unless that person is
domiciled in this State. | ||||||
| 6 | The Secretary shall cause to be administered such
tests as | ||||||
| 7 | the Secretary deems necessary to meet the requirements of | ||||||
| 8 | 49
C.F.R. Part 383, subparts F, G, H, and J.
| ||||||
| 9 | (2) Third party testing. The Secretary of State state | ||||||
| 10 | may authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
| 11 | Part 383.75, to administer the
skills test or tests | ||||||
| 12 | specified by the Federal Motor Carrier Safety
| ||||||
| 13 | Administration pursuant to the
Commercial Motor Vehicle | ||||||
| 14 | Safety Act of 1986 and any appropriate federal rule.
| ||||||
| 15 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
| 16 | the skills
test specified in this Section for a driver | ||||||
| 17 | applicant for a commercial driver license
who meets the | ||||||
| 18 | requirements of 49 C.F.R. Part 383.77 and Part 383.123.
The | ||||||
| 19 | Secretary of State shall waive the skills tests specified in | ||||||
| 20 | this Section for a driver applicant who has military commercial | ||||||
| 21 | motor vehicle experience, subject to the requirements of 49 | ||||||
| 22 | C.F.R. 383.77.
| ||||||
| 23 | (b-1) No person shall be issued a commercial driver | ||||||
| 24 | instruction permit or CDL unless the person certifies to the | ||||||
| 25 | Secretary one of the following types of driving operations in | ||||||
| 26 | which he or she will be engaged: | ||||||
| |||||||
| |||||||
| 1 | (1) non-excepted interstate; | ||||||
| 2 | (2) non-excepted intrastate; | ||||||
| 3 | (3) excepted interstate; or | ||||||
| 4 | (4) excepted intrastate. | ||||||
| 5 | (b-2) Persons who hold a commercial driver instruction | ||||||
| 6 | permit or CDL on January 30, 2012 must certify to the Secretary | ||||||
| 7 | no later than January 30, 2014 one of the following applicable | ||||||
| 8 | self-certifications: | ||||||
| 9 | (1) non-excepted interstate; | ||||||
| 10 | (2) non-excepted intrastate; | ||||||
| 11 | (3) excepted interstate; or | ||||||
| 12 | (4) excepted intrastate. | ||||||
| 13 | (c) Limitations on issuance of a CDL. A CDL, or a | ||||||
| 14 | commercial driver
instruction permit, shall not be issued to a | ||||||
| 15 | person while the person is
subject to a disqualification from | ||||||
| 16 | driving a commercial motor vehicle, or
unless otherwise | ||||||
| 17 | permitted by this Code, while the person's driver's
license is | ||||||
| 18 | suspended, revoked or cancelled in
any state, or any territory | ||||||
| 19 | or province of Canada; nor may a CDL be issued
to a person who | ||||||
| 20 | has a CDL issued by any other state, or foreign
jurisdiction, | ||||||
| 21 | unless the person first surrenders all such
licenses. No CDL | ||||||
| 22 | shall be issued to or renewed for a person who does not
meet | ||||||
| 23 | the requirement of 49 CFR 391.41(b)(11). The requirement may be | ||||||
| 24 | met with
the aid of a hearing aid.
| ||||||
| 25 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
| 26 | driver endorsement
to allow a person to drive the type of bus | ||||||
| |||||||
| |||||||
| 1 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
| 2 | The CDL with a school bus driver endorsement may be
issued only | ||||||
| 3 | to a person meeting the following requirements:
| ||||||
| 4 | (1) the person has submitted his or her fingerprints to | ||||||
| 5 | the
Department of State Police in the form and manner
| ||||||
| 6 | prescribed by the Department of State Police. These
| ||||||
| 7 | fingerprints shall be checked against the fingerprint | ||||||
| 8 | records
now and hereafter filed in the Department of State | ||||||
| 9 | Police and
Federal Bureau of Investigation criminal | ||||||
| 10 | history records databases;
| ||||||
| 11 | (2) the person has passed a written test, administered | ||||||
| 12 | by the Secretary of
State, on charter bus operation, | ||||||
| 13 | charter bus safety, and certain special
traffic laws
| ||||||
| 14 | relating to school buses determined by the Secretary of | ||||||
| 15 | State to be relevant to
charter buses, and submitted to a | ||||||
| 16 | review of the driver applicant's driving
habits by the | ||||||
| 17 | Secretary of State at the time the written test is given;
| ||||||
| 18 | (3) the person has demonstrated physical fitness to | ||||||
| 19 | operate school buses
by
submitting the results of a medical | ||||||
| 20 | examination, including tests for drug
use; and
| ||||||
| 21 | (4) the person has not been convicted of committing or | ||||||
| 22 | attempting
to commit any
one or more of the following | ||||||
| 23 | offenses: (i) those offenses defined in
Sections 8-1.2, | ||||||
| 24 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||||||
| 25 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||||||
| 26 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| ||||||
| |||||||
| |||||||
| 1 | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||||||
| 2 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
| 3 | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
| 4 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
| 5 | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||||||
| 6 | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||||||
| 7 | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||||||
| 8 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
| 9 | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||||||
| 10 | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| ||||||
| 11 | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||||||
| 12 | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | ||||||
| 13 | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | ||||||
| 14 | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | ||||||
| 15 | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | ||||||
| 16 | Section 12-3.05, and in subsection (a) and subsection (b), | ||||||
| 17 | clause (1), of Section
12-4, and in subsection (A), clauses | ||||||
| 18 | (a) and (b), of Section 24-3, and those offenses contained | ||||||
| 19 | in Article 29D of the Criminal Code of 1961 or the Criminal | ||||||
| 20 | Code of 2012; (ii) those offenses defined in the
Cannabis | ||||||
| 21 | Control Act except those offenses defined in subsections | ||||||
| 22 | (a) and
(b) of Section 4, and subsection (a) of Section 5 | ||||||
| 23 | of the Cannabis Control
Act; (iii) those offenses defined | ||||||
| 24 | in the Illinois Controlled Substances
Act; (iv) those | ||||||
| 25 | offenses defined in the Methamphetamine Control and | ||||||
| 26 | Community Protection Act; (v) any offense committed or | ||||||
| |||||||
| |||||||
| 1 | attempted in any other state or against
the laws of the | ||||||
| 2 | United States, which if committed or attempted in this
| ||||||
| 3 | State would be punishable as one or more of the foregoing | ||||||
| 4 | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||||||
| 5 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
| 6 | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||||||
| 7 | those offenses defined in Section 6-16 of the Liquor | ||||||
| 8 | Control Act of
1934; and (viii) those offenses defined in | ||||||
| 9 | the Methamphetamine Precursor Control Act.
| ||||||
| 10 | The Department of State Police shall charge
a fee for | ||||||
| 11 | conducting the criminal history records check, which shall be
| ||||||
| 12 | deposited into the State Police Services Fund and may not | ||||||
| 13 | exceed the actual
cost of the records check.
| ||||||
| 14 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
| 15 | endorsement to allow a person to drive a school bus as defined | ||||||
| 16 | in this Section. The CDL shall be issued according to the | ||||||
| 17 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
| 18 | operate a school bus as defined in this Section without a | ||||||
| 19 | school bus endorsement. The Secretary of State may adopt rules | ||||||
| 20 | consistent with Federal guidelines to implement this | ||||||
| 21 | subsection (c-2).
| ||||||
| 22 | (d) Commercial driver instruction permit. A commercial | ||||||
| 23 | driver
instruction permit may be issued to any person holding a | ||||||
| 24 | valid Illinois
driver's license if such person successfully | ||||||
| 25 | passes such tests as the
Secretary determines to be necessary.
| ||||||
| 26 | A commercial driver instruction permit shall not be issued to a | ||||||
| |||||||
| |||||||
| 1 | person who
does not meet
the requirements of 49 CFR 391.41 | ||||||
| 2 | (b)(11), except for the renewal of a
commercial driver
| ||||||
| 3 | instruction permit for a person who possesses a commercial | ||||||
| 4 | instruction permit
prior to the
effective date of this | ||||||
| 5 | amendatory Act of 1999.
| ||||||
| 6 | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; | ||||||
| 7 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. | ||||||
| 8 | 1-1-14; revised 9-19-13.)
| ||||||
| 9 | (Text of Section after amendment by P.A. 98-176)
| ||||||
| 10 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
| 11 | qualification standards.
| ||||||
| 12 | (a) Testing.
| ||||||
| 13 | (1) General. No person shall be issued an original or | ||||||
| 14 | renewal CDL
unless that person is
domiciled in this State | ||||||
| 15 | or is applying for a non-domiciled CDL under Sections 6-509 | ||||||
| 16 | and 6-510 of this Code. The Secretary shall cause to be | ||||||
| 17 | administered such
tests as the Secretary deems necessary to | ||||||
| 18 | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | ||||||
| 19 | H, and J.
| ||||||
| 20 | (1.5) Effective July 1, 2014, no person shall be issued | ||||||
| 21 | an original CDL or an upgraded CDL that requires a skills | ||||||
| 22 | test unless that person has held a CLP, for a minimum of 14 | ||||||
| 23 | calendar days, for the classification of vehicle and | ||||||
| 24 | endorsement, if any, for which the person is seeking a CDL. | ||||||
| 25 | (2) Third party testing. The Secretary of State state | ||||||
| |||||||
| |||||||
| 1 | may authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
| 2 | Part 383.75 and 49 C.F.R. 384.228 and 384.229, to | ||||||
| 3 | administer the
skills test or tests specified by the | ||||||
| 4 | Federal Motor Carrier Safety
Administration pursuant to | ||||||
| 5 | the
Commercial Motor Vehicle Safety Act of 1986 and any | ||||||
| 6 | appropriate federal rule.
| ||||||
| 7 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
| 8 | the skills
test specified in this Section for a driver | ||||||
| 9 | applicant for a commercial driver license
who meets the | ||||||
| 10 | requirements of 49 C.F.R. Part 383.77.
The Secretary of State | ||||||
| 11 | shall waive the skills tests specified in this Section for a | ||||||
| 12 | driver applicant who has military commercial motor vehicle | ||||||
| 13 | experience, subject to the requirements of 49 C.F.R. 383.77.
| ||||||
| 14 | (b-1) No person shall be issued a CDL unless the person | ||||||
| 15 | certifies to the Secretary one of the following types of | ||||||
| 16 | driving operations in which he or she will be engaged: | ||||||
| 17 | (1) non-excepted interstate; | ||||||
| 18 | (2) non-excepted intrastate; | ||||||
| 19 | (3) excepted interstate; or | ||||||
| 20 | (4) excepted intrastate. | ||||||
| 21 | (b-2) (Blank). | ||||||
| 22 | (c) Limitations on issuance of a CDL. A CDL shall not be | ||||||
| 23 | issued to a person while the person is
subject to a | ||||||
| 24 | disqualification from driving a commercial motor vehicle, or
| ||||||
| 25 | unless otherwise permitted by this Code, while the person's | ||||||
| 26 | driver's
license is suspended, revoked or cancelled in
any | ||||||
| |||||||
| |||||||
| 1 | state, or any territory or province of Canada; nor may a CLP or | ||||||
| 2 | CDL be issued
to a person who has a CLP or CDL issued by any | ||||||
| 3 | other state, or foreign
jurisdiction, nor may a CDL be issued | ||||||
| 4 | to a person who has an Illinois CLP unless the person first | ||||||
| 5 | surrenders all of these
licenses or permits. However, a person | ||||||
| 6 | may hold an Illinois CLP and an Illinois CDL providing the CLP | ||||||
| 7 | is necessary to train or practice for an endorsement or vehicle | ||||||
| 8 | classification not present on the current CDL. No CDL shall be | ||||||
| 9 | issued to or renewed for a person who does not
meet the | ||||||
| 10 | requirement of 49 CFR 391.41(b)(11). The requirement may be met | ||||||
| 11 | with
the aid of a hearing aid.
| ||||||
| 12 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
| 13 | driver endorsement
to allow a person to drive the type of bus | ||||||
| 14 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
| 15 | The CDL with a school bus driver endorsement may be
issued only | ||||||
| 16 | to a person meeting the following requirements:
| ||||||
| 17 | (1) the person has submitted his or her fingerprints to | ||||||
| 18 | the
Department of State Police in the form and manner
| ||||||
| 19 | prescribed by the Department of State Police. These
| ||||||
| 20 | fingerprints shall be checked against the fingerprint | ||||||
| 21 | records
now and hereafter filed in the Department of State | ||||||
| 22 | Police and
Federal Bureau of Investigation criminal | ||||||
| 23 | history records databases;
| ||||||
| 24 | (2) the person has passed a written test, administered | ||||||
| 25 | by the Secretary of
State, on charter bus operation, | ||||||
| 26 | charter bus safety, and certain special
traffic laws
| ||||||
| |||||||
| |||||||
| 1 | relating to school buses determined by the Secretary of | ||||||
| 2 | State to be relevant to
charter buses, and submitted to a | ||||||
| 3 | review of the driver applicant's driving
habits by the | ||||||
| 4 | Secretary of State at the time the written test is given;
| ||||||
| 5 | (3) the person has demonstrated physical fitness to | ||||||
| 6 | operate school buses
by
submitting the results of a medical | ||||||
| 7 | examination, including tests for drug
use; and
| ||||||
| 8 | (4) the person has not been convicted of committing or | ||||||
| 9 | attempting
to commit any
one or more of the following | ||||||
| 10 | offenses: (i) those offenses defined in
Sections 8-1.2, | ||||||
| 11 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||||||
| 12 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||||||
| 13 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| ||||||
| 14 | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||||||
| 15 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
| 16 | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
| 17 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
| 18 | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||||||
| 19 | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||||||
| 20 | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||||||
| 21 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
| 22 | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||||||
| 23 | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| ||||||
| 24 | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||||||
| 25 | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | ||||||
| 26 | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | ||||||
| |||||||
| |||||||
| 1 | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | ||||||
| 2 | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | ||||||
| 3 | Section 12-3.05, and in subsection (a) and subsection (b), | ||||||
| 4 | clause (1), of Section
12-4, and in subsection (A), clauses | ||||||
| 5 | (a) and (b), of Section 24-3, and those offenses contained | ||||||
| 6 | in Article 29D of the Criminal Code of 1961 or the Criminal | ||||||
| 7 | Code of 2012; (ii) those offenses defined in the
Cannabis | ||||||
| 8 | Control Act except those offenses defined in subsections | ||||||
| 9 | (a) and
(b) of Section 4, and subsection (a) of Section 5 | ||||||
| 10 | of the Cannabis Control
Act; (iii) those offenses defined | ||||||
| 11 | in the Illinois Controlled Substances
Act; (iv) those | ||||||
| 12 | offenses defined in the Methamphetamine Control and | ||||||
| 13 | Community Protection Act; (v) any offense committed or | ||||||
| 14 | attempted in any other state or against
the laws of the | ||||||
| 15 | United States, which if committed or attempted in this
| ||||||
| 16 | State would be punishable as one or more of the foregoing | ||||||
| 17 | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 | ||||||
| 18 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
| 19 | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | ||||||
| 20 | those offenses defined in Section 6-16 of the Liquor | ||||||
| 21 | Control Act of
1934; and (viii) those offenses defined in | ||||||
| 22 | the Methamphetamine Precursor Control Act.
| ||||||
| 23 | The Department of State Police shall charge
a fee for | ||||||
| 24 | conducting the criminal history records check, which shall be
| ||||||
| 25 | deposited into the State Police Services Fund and may not | ||||||
| 26 | exceed the actual
cost of the records check.
| ||||||
| |||||||
| |||||||
| 1 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
| 2 | endorsement to allow a person to drive a school bus as defined | ||||||
| 3 | in this Section. The CDL shall be issued according to the | ||||||
| 4 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
| 5 | operate a school bus as defined in this Section without a | ||||||
| 6 | school bus endorsement. The Secretary of State may adopt rules | ||||||
| 7 | consistent with Federal guidelines to implement this | ||||||
| 8 | subsection (c-2).
| ||||||
| 9 | (d) (Blank).
| ||||||
| 10 | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; | ||||||
| 11 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. | ||||||
| 12 | 1-1-14; 98-176, eff. 7-1-14; revised 9-19-13.)
| ||||||
| 13 | (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||||||
| 14 | (Text of Section before amendment by P.A. 98-176)
| ||||||
| 15 | Sec. 6-514. Commercial Driver's License (CDL) - | ||||||
| 16 | Disqualifications.
| ||||||
| 17 | (a) A person shall be disqualified from driving a | ||||||
| 18 | commercial motor
vehicle for a period of not less than 12 | ||||||
| 19 | months for the first violation of:
| ||||||
| 20 | (1) Refusing to submit to or failure to complete a test | ||||||
| 21 | or tests authorized under Section 11-501.1
while driving a | ||||||
| 22 | commercial motor vehicle or, if the driver is a CDL holder, | ||||||
| 23 | while driving a non-CMV; or
| ||||||
| 24 | (2) Operating a commercial motor vehicle while the | ||||||
| 25 | alcohol
concentration of the person's blood, breath or | ||||||
| |||||||
| |||||||
| 1 | urine is at least 0.04, or any
amount of a drug, substance, | ||||||
| 2 | or compound in the person's blood or urine
resulting from | ||||||
| 3 | the unlawful use or consumption of cannabis listed in the
| ||||||
| 4 | Cannabis Control Act, a controlled substance listed in the | ||||||
| 5 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
| 6 | listed in the Methamphetamine Control and Community | ||||||
| 7 | Protection Act as indicated by a police officer's sworn | ||||||
| 8 | report or
other verified evidence; or operating a | ||||||
| 9 | non-commercial motor vehicle while the alcohol | ||||||
| 10 | concentration of the person's blood, breath, or urine was | ||||||
| 11 | above the legal limit defined in Section 11-501.1 or | ||||||
| 12 | 11-501.8 or any amount of a drug, substance, or compound in | ||||||
| 13 | the person's blood or urine resulting from the unlawful use | ||||||
| 14 | or consumption of cannabis listed in the Cannabis Control | ||||||
| 15 | Act, a controlled substance listed in the Illinois | ||||||
| 16 | Controlled Substances Act, or methamphetamine as listed in | ||||||
| 17 | the Methamphetamine Control and Community Protection Act
| ||||||
| 18 | as indicated by a police officer's sworn report or other | ||||||
| 19 | verified evidence while holding a commercial driver's | ||||||
| 20 | license; or
| ||||||
| 21 | (3) Conviction for a first violation of:
| ||||||
| 22 | (i) Driving a commercial motor vehicle or, if the | ||||||
| 23 | driver is a CDL holder, driving a non-CMV while under | ||||||
| 24 | the influence of
alcohol, or any other drug, or | ||||||
| 25 | combination of drugs to a degree which
renders such | ||||||
| 26 | person incapable of safely driving; or
| ||||||
| |||||||
| |||||||
| 1 | (ii) Knowingly leaving the scene of an accident | ||||||
| 2 | while
operating a commercial motor vehicle or, if the | ||||||
| 3 | driver is a CDL holder, while driving a non-CMV; or
| ||||||
| 4 | (iii) Driving a commercial motor vehicle or, if the | ||||||
| 5 | driver is a CDL holder, driving a non-CMV while | ||||||
| 6 | committing any felony; or | ||||||
| 7 | (iv) Driving a commercial motor vehicle while the | ||||||
| 8 | person's driving privileges or driver's license or | ||||||
| 9 | permit is revoked, suspended, or cancelled or the | ||||||
| 10 | driver is disqualified from operating a commercial | ||||||
| 11 | motor vehicle; or | ||||||
| 12 | (v) Causing a fatality through the negligent | ||||||
| 13 | operation of a commercial motor vehicle, including but | ||||||
| 14 | not limited to the crimes of motor vehicle | ||||||
| 15 | manslaughter, homicide by a motor vehicle, and | ||||||
| 16 | negligent homicide. | ||||||
| 17 | As used in this subdivision (a)(3)(v), "motor | ||||||
| 18 | vehicle manslaughter" means the offense of involuntary | ||||||
| 19 | manslaughter if committed by means of a vehicle; | ||||||
| 20 | "homicide by a motor vehicle" means the offense of | ||||||
| 21 | first degree murder or second degree murder, if either | ||||||
| 22 | offense is committed by means of a vehicle; and | ||||||
| 23 | "negligent homicide" means reckless homicide under | ||||||
| 24 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 25 | Criminal Code of 2012 and aggravated driving under the | ||||||
| 26 | influence of alcohol, other drug or drugs, | ||||||
| |||||||
| |||||||
| 1 | intoxicating compound or compounds, or any combination | ||||||
| 2 | thereof under subdivision (d)(1)(F) of Section 11-501 | ||||||
| 3 | of this Code.
| ||||||
| 4 | If any of the above violations or refusals occurred | ||||||
| 5 | while
transporting hazardous material(s) required to be | ||||||
| 6 | placarded, the person
shall be disqualified for a period of | ||||||
| 7 | not less than 3 years; or
| ||||||
| 8 | (4) If the person is a qualifying patient licensed | ||||||
| 9 | under the Compassionate Use of Medical Cannabis Pilot | ||||||
| 10 | Program Act who is in possession of a valid registry card | ||||||
| 11 | issued under that Act, operating a commercial motor vehicle | ||||||
| 12 | under impairment resulting from the consumption of | ||||||
| 13 | cannabis, as determined by failure of standardized field | ||||||
| 14 | sobriety tests administered by a law enforcement officer as | ||||||
| 15 | directed by subsection (a-5) of Section 11-501.2. | ||||||
| 16 | (b) A person is disqualified for life for a second | ||||||
| 17 | conviction of any of
the offenses specified in paragraph (a), | ||||||
| 18 | or any combination of those
offenses, arising from 2 or more | ||||||
| 19 | separate incidents.
| ||||||
| 20 | (c) A person is disqualified from driving a commercial | ||||||
| 21 | motor vehicle for
life if the person either (i) uses a | ||||||
| 22 | commercial motor vehicle in the commission of any felony
| ||||||
| 23 | involving the manufacture, distribution, or dispensing of a | ||||||
| 24 | controlled
substance, or possession with intent to | ||||||
| 25 | manufacture, distribute or dispense
a controlled substance or | ||||||
| 26 | (ii) if the person is a CDL holder, uses a non-CMV in the | ||||||
| |||||||
| |||||||
| 1 | commission of a felony involving any of those activities.
| ||||||
| 2 | (d) The Secretary of State may, when the United States | ||||||
| 3 | Secretary of
Transportation so authorizes, issue regulations | ||||||
| 4 | in which a disqualification
for life under paragraph (b) may be | ||||||
| 5 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
| 6 | driver is subsequently convicted of another disqualifying
| ||||||
| 7 | offense, as specified in subsection (a) of this Section, he or | ||||||
| 8 | she shall be
permanently disqualified for life and shall be | ||||||
| 9 | ineligible to again apply for a
reduction of the lifetime | ||||||
| 10 | disqualification.
| ||||||
| 11 | (e) A person is disqualified from driving a commercial | ||||||
| 12 | motor vehicle for
a period of not less than 2 months if | ||||||
| 13 | convicted of 2 serious traffic
violations, committed in a | ||||||
| 14 | commercial motor vehicle, non-CMV while holding a CDL, or any | ||||||
| 15 | combination thereof, arising from separate
incidents, | ||||||
| 16 | occurring within a 3 year period, provided the serious traffic | ||||||
| 17 | violation committed in a non-CMV would result in the suspension | ||||||
| 18 | or revocation of the CDL holder's non-CMV privileges. However, | ||||||
| 19 | a person will be
disqualified from driving a commercial motor | ||||||
| 20 | vehicle for a period of not less
than 4 months if convicted of | ||||||
| 21 | 3 serious traffic violations, committed in a
commercial motor | ||||||
| 22 | vehicle, non-CMV while holding a CDL, or any combination | ||||||
| 23 | thereof, arising from separate incidents, occurring within a 3
| ||||||
| 24 | year period, provided the serious traffic violation committed | ||||||
| 25 | in a non-CMV would result in the suspension or revocation of | ||||||
| 26 | the CDL holder's non-CMV privileges. If all the convictions | ||||||
| |||||||
| |||||||
| 1 | occurred in a non-CMV, the disqualification shall be entered | ||||||
| 2 | only if the convictions would result in the suspension or | ||||||
| 3 | revocation of the CDL holder's non-CMV privileges.
| ||||||
| 4 | (e-1) (Blank).
| ||||||
| 5 | (f) Notwithstanding any other provision of this Code, any | ||||||
| 6 | driver
disqualified from operating a commercial motor vehicle, | ||||||
| 7 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
| 8 | of commercial driving
privileges during any such period of | ||||||
| 9 | disqualification.
| ||||||
| 10 | (g) After suspending, revoking, or cancelling a commercial | ||||||
| 11 | driver's
license, the Secretary of State must update the | ||||||
| 12 | driver's records to reflect
such action within 10 days. After | ||||||
| 13 | suspending or revoking the driving privilege
of any person who | ||||||
| 14 | has been issued a CDL or commercial driver instruction permit
| ||||||
| 15 | from another jurisdiction, the Secretary shall originate | ||||||
| 16 | notification to
such issuing jurisdiction within 10 days.
| ||||||
| 17 | (h) The "disqualifications" referred to in this Section | ||||||
| 18 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
| 19 | by the Secretary of
State, unless the prohibited action(s) | ||||||
| 20 | occurred after March 31, 1992.
| ||||||
| 21 | (i) A person is disqualified from driving a commercial | ||||||
| 22 | motor vehicle in
accordance with the following:
| ||||||
| 23 | (1) For 6 months upon a first conviction of paragraph | ||||||
| 24 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
| 25 | of this Code.
| ||||||
| 26 | (2) For 2 years upon a second conviction of paragraph | ||||||
| |||||||
| |||||||
| 1 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
| 2 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
| 3 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
| 4 | within a 10-year period if the second conviction is a | ||||||
| 5 | violation of paragraph (2) of subsection (b) or subsection | ||||||
| 6 | (b-3).
| ||||||
| 7 | (3) For 3 years upon a third or subsequent conviction | ||||||
| 8 | of paragraph (2) of
subsection (b) or subsection (b-3) or | ||||||
| 9 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
| 10 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
| 11 | within a 10-year period if the third or subsequent | ||||||
| 12 | conviction is a violation of paragraph (2) of subsection | ||||||
| 13 | (b) or subsection (b-3).
| ||||||
| 14 | (4) For one year upon a first conviction of paragraph | ||||||
| 15 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
| 16 | of this Code.
| ||||||
| 17 | (5) For 3 years upon a second conviction of paragraph | ||||||
| 18 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
| 19 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
| 20 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
| 21 | within a 10-year period if the second conviction is a | ||||||
| 22 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
| 23 | (6) For 5 years upon a third or subsequent conviction | ||||||
| 24 | of paragraph (3) of
subsection (b) or subsection (b-5) or | ||||||
| 25 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
| 26 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
| |||||||
| |||||||
| 1 | within a 10-year period if the third or subsequent | ||||||
| 2 | conviction is a violation of paragraph (3) of subsection | ||||||
| 3 | (b) or (b-5).
| ||||||
| 4 | (j) Disqualification for railroad-highway grade crossing
| ||||||
| 5 | violation.
| ||||||
| 6 | (1) General rule. A driver who is convicted of a | ||||||
| 7 | violation of a federal,
State, or
local law or regulation | ||||||
| 8 | pertaining to
one of the following 6 offenses at a | ||||||
| 9 | railroad-highway grade crossing must be
disqualified
from | ||||||
| 10 | operating a commercial motor vehicle for the period of time | ||||||
| 11 | specified in
paragraph (2) of this subsection (j) if the | ||||||
| 12 | offense was committed while
operating a commercial motor | ||||||
| 13 | vehicle:
| ||||||
| 14 | (i) For drivers who are not required to always | ||||||
| 15 | stop, failing to
slow down and check that the tracks | ||||||
| 16 | are clear of an approaching train or railroad track | ||||||
| 17 | equipment, as
described in subsection (a-5) of Section | ||||||
| 18 | 11-1201 of this Code;
| ||||||
| 19 | (ii) For drivers who are not required to always | ||||||
| 20 | stop, failing to
stop before reaching the crossing, if | ||||||
| 21 | the tracks are not clear, as described in
subsection | ||||||
| 22 | (a) of Section 11-1201 of this Code;
| ||||||
| 23 | (iii) For drivers who are always required to stop, | ||||||
| 24 | failing to stop
before driving onto the crossing, as | ||||||
| 25 | described in Section 11-1202 of this Code;
| ||||||
| 26 | (iv) For all drivers, failing to have sufficient | ||||||
| |||||||
| |||||||
| 1 | space to drive
completely through the crossing without | ||||||
| 2 | stopping, as described in subsection
(b) of Section | ||||||
| 3 | 11-1425 of this Code;
| ||||||
| 4 | (v) For all drivers, failing to obey a traffic | ||||||
| 5 | control device or
the directions of an enforcement | ||||||
| 6 | official at the crossing, as described in
subdivision | ||||||
| 7 | (a)2 of Section 11-1201 of this Code;
| ||||||
| 8 | (vi) For all drivers, failing to negotiate a | ||||||
| 9 | crossing because of
insufficient undercarriage | ||||||
| 10 | clearance, as described in subsection (d-1) of
Section | ||||||
| 11 | 11-1201 of this Code.
| ||||||
| 12 | (2) Duration of disqualification for railroad-highway | ||||||
| 13 | grade
crossing violation.
| ||||||
| 14 | (i) First violation. A driver must be disqualified | ||||||
| 15 | from operating a
commercial motor vehicle
for not less | ||||||
| 16 | than 60 days if the driver is convicted of a violation | ||||||
| 17 | described
in paragraph
(1) of this subsection (j) and, | ||||||
| 18 | in the three-year period preceding the
conviction, the | ||||||
| 19 | driver
had no convictions for a violation described in | ||||||
| 20 | paragraph (1) of this
subsection (j).
| ||||||
| 21 | (ii) Second violation. A driver must be | ||||||
| 22 | disqualified from operating a
commercial
motor vehicle
| ||||||
| 23 | for not less
than 120 days if the driver is convicted
| ||||||
| 24 | of a violation described in paragraph (1) of this | ||||||
| 25 | subsection (j) and, in the
three-year
period preceding | ||||||
| 26 | the conviction, the driver had one other conviction for | ||||||
| |||||||
| |||||||
| 1 | a
violation
described in paragraph (1) of this | ||||||
| 2 | subsection (j) that was committed in a
separate
| ||||||
| 3 | incident.
| ||||||
| 4 | (iii) Third or subsequent violation. A driver must | ||||||
| 5 | be disqualified from
operating a
commercial motor | ||||||
| 6 | vehicle
for not less than one year if the driver is | ||||||
| 7 | convicted
of a violation described in paragraph (1) of | ||||||
| 8 | this subsection (j) and, in the
three-year
period | ||||||
| 9 | preceding the conviction, the driver had 2 or more | ||||||
| 10 | other convictions for
violations
described in | ||||||
| 11 | paragraph (1) of this subsection (j) that were | ||||||
| 12 | committed in
separate incidents.
| ||||||
| 13 | (k) Upon notification of a disqualification of a driver's | ||||||
| 14 | commercial motor vehicle privileges imposed by the U.S. | ||||||
| 15 | Department of Transportation, Federal Motor Carrier Safety | ||||||
| 16 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
| 17 | Secretary of State shall immediately record to the driving | ||||||
| 18 | record the notice of disqualification and confirm to the driver | ||||||
| 19 | the action that has been taken.
| ||||||
| 20 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
| 21 | 98-122, eff. 1-1-14.)
| ||||||
| 22 | (Text of Section after amendment by P.A. 98-176)
| ||||||
| 23 | Sec. 6-514. Commercial driver's license (CDL); commercial | ||||||
| 24 | learner's permit (CLP); disqualifications. Commercial Driver's | ||||||
| 25 | License (CDL) - Disqualifications.
| ||||||
| |||||||
| |||||||
| 1 | (a) A person shall be disqualified from driving a | ||||||
| 2 | commercial motor
vehicle for a period of not less than 12 | ||||||
| 3 | months for the first violation of:
| ||||||
| 4 | (1) Refusing to submit to or failure to complete a test | ||||||
| 5 | or tests authorized under Section 11-501.1
while driving a | ||||||
| 6 | commercial motor vehicle or, if the driver is a CLP or CDL | ||||||
| 7 | holder, while driving a non-CMV; or
| ||||||
| 8 | (2) Operating a commercial motor vehicle while the | ||||||
| 9 | alcohol
concentration of the person's blood, breath or | ||||||
| 10 | urine is at least 0.04, or any
amount of a drug, substance, | ||||||
| 11 | or compound in the person's blood or urine
resulting from | ||||||
| 12 | the unlawful use or consumption of cannabis listed in the
| ||||||
| 13 | Cannabis Control Act, a controlled substance listed in the | ||||||
| 14 | Illinois
Controlled Substances Act, or methamphetamine as | ||||||
| 15 | listed in the Methamphetamine Control and Community | ||||||
| 16 | Protection Act as indicated by a police officer's sworn | ||||||
| 17 | report or
other verified evidence; or operating a | ||||||
| 18 | non-commercial motor vehicle while the alcohol | ||||||
| 19 | concentration of the person's blood, breath, or urine was | ||||||
| 20 | above the legal limit defined in Section 11-501.1 or | ||||||
| 21 | 11-501.8 or any amount of a drug, substance, or compound in | ||||||
| 22 | the person's blood or urine resulting from the unlawful use | ||||||
| 23 | or consumption of cannabis listed in the Cannabis Control | ||||||
| 24 | Act, a controlled substance listed in the Illinois | ||||||
| 25 | Controlled Substances Act, or methamphetamine as listed in | ||||||
| 26 | the Methamphetamine Control and Community Protection Act
| ||||||
| |||||||
| |||||||
| 1 | as indicated by a police officer's sworn report or other | ||||||
| 2 | verified evidence while holding a CLP or CDL; or
| ||||||
| 3 | (3) Conviction for a first violation of:
| ||||||
| 4 | (i) Driving a commercial motor vehicle or, if the | ||||||
| 5 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
| 6 | under the influence of
alcohol, or any other drug, or | ||||||
| 7 | combination of drugs to a degree which
renders such | ||||||
| 8 | person incapable of safely driving; or
| ||||||
| 9 | (ii) Knowingly leaving the scene of an accident | ||||||
| 10 | while
operating a commercial motor vehicle or, if the | ||||||
| 11 | driver is a CLP or CDL holder, while driving a non-CMV; | ||||||
| 12 | or
| ||||||
| 13 | (iii) Driving a commercial motor vehicle or, if the | ||||||
| 14 | driver is a CLP or CDL holder, driving a non-CMV while | ||||||
| 15 | committing any felony; or | ||||||
| 16 | (iv) Driving a commercial motor vehicle while the | ||||||
| 17 | person's driving privileges or driver's license or | ||||||
| 18 | permit is revoked, suspended, or cancelled or the | ||||||
| 19 | driver is disqualified from operating a commercial | ||||||
| 20 | motor vehicle; or | ||||||
| 21 | (v) Causing a fatality through the negligent | ||||||
| 22 | operation of a commercial motor vehicle, including but | ||||||
| 23 | not limited to the crimes of motor vehicle | ||||||
| 24 | manslaughter, homicide by a motor vehicle, and | ||||||
| 25 | negligent homicide. | ||||||
| 26 | As used in this subdivision (a)(3)(v), "motor | ||||||
| |||||||
| |||||||
| 1 | vehicle manslaughter" means the offense of involuntary | ||||||
| 2 | manslaughter if committed by means of a vehicle; | ||||||
| 3 | "homicide by a motor vehicle" means the offense of | ||||||
| 4 | first degree murder or second degree murder, if either | ||||||
| 5 | offense is committed by means of a vehicle; and | ||||||
| 6 | "negligent homicide" means reckless homicide under | ||||||
| 7 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 8 | Criminal Code of 2012 and aggravated driving under the | ||||||
| 9 | influence of alcohol, other drug or drugs, | ||||||
| 10 | intoxicating compound or compounds, or any combination | ||||||
| 11 | thereof under subdivision (d)(1)(F) of Section 11-501 | ||||||
| 12 | of this Code.
| ||||||
| 13 | If any of the above violations or refusals occurred | ||||||
| 14 | while
transporting hazardous material(s) required to be | ||||||
| 15 | placarded, the person
shall be disqualified for a period of | ||||||
| 16 | not less than 3 years; or
| ||||||
| 17 | (4) If the person is a qualifying patient licensed | ||||||
| 18 | under the Compassionate Use of Medical Cannabis Pilot | ||||||
| 19 | Program Act who is in possession of a valid registry card | ||||||
| 20 | issued under that Act, operating a commercial motor vehicle | ||||||
| 21 | under impairment resulting from the consumption of | ||||||
| 22 | cannabis, as determined by failure of standardized field | ||||||
| 23 | sobriety tests administered by a law enforcement officer as | ||||||
| 24 | directed by subsection (a-5) of Section 11-501.2. | ||||||
| 25 | (b) A person is disqualified for life for a second | ||||||
| 26 | conviction of any of
the offenses specified in paragraph (a), | ||||||
| |||||||
| |||||||
| 1 | or any combination of those
offenses, arising from 2 or more | ||||||
| 2 | separate incidents.
| ||||||
| 3 | (c) A person is disqualified from driving a commercial | ||||||
| 4 | motor vehicle for
life if the person either (i) uses a | ||||||
| 5 | commercial motor vehicle in the commission of any felony
| ||||||
| 6 | involving the manufacture, distribution, or dispensing of a | ||||||
| 7 | controlled
substance, or possession with intent to | ||||||
| 8 | manufacture, distribute or dispense
a controlled substance or | ||||||
| 9 | (ii) if the person is a CLP or CDL holder, uses a non-CMV in the | ||||||
| 10 | commission of a felony involving any of those activities.
| ||||||
| 11 | (d) The Secretary of State may, when the United States | ||||||
| 12 | Secretary of
Transportation so authorizes, issue regulations | ||||||
| 13 | in which a disqualification
for life under paragraph (b) may be | ||||||
| 14 | reduced to a period of not less than 10
years.
If a reinstated | ||||||
| 15 | driver is subsequently convicted of another disqualifying
| ||||||
| 16 | offense, as specified in subsection (a) of this Section, he or | ||||||
| 17 | she shall be
permanently disqualified for life and shall be | ||||||
| 18 | ineligible to again apply for a
reduction of the lifetime | ||||||
| 19 | disqualification.
| ||||||
| 20 | (e) A person is disqualified from driving a commercial | ||||||
| 21 | motor vehicle for
a period of not less than 2 months if | ||||||
| 22 | convicted of 2 serious traffic
violations, committed in a | ||||||
| 23 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
| 24 | or any combination thereof, arising from separate
incidents, | ||||||
| 25 | occurring within a 3 year period, provided the serious traffic | ||||||
| 26 | violation committed in a non-CMV would result in the suspension | ||||||
| |||||||
| |||||||
| 1 | or revocation of the CLP or CDL holder's non-CMV privileges. | ||||||
| 2 | However, a person will be
disqualified from driving a | ||||||
| 3 | commercial motor vehicle for a period of not less
than 4 months | ||||||
| 4 | if convicted of 3 serious traffic violations, committed in a
| ||||||
| 5 | commercial motor vehicle, non-CMV while holding a CLP or CDL, | ||||||
| 6 | or any combination thereof, arising from separate incidents, | ||||||
| 7 | occurring within a 3
year period, provided the serious traffic | ||||||
| 8 | violation committed in a non-CMV would result in the suspension | ||||||
| 9 | or revocation of the CLP or CDL holder's non-CMV privileges. If | ||||||
| 10 | all the convictions occurred in a non-CMV, the disqualification | ||||||
| 11 | shall be entered only if the convictions would result in the | ||||||
| 12 | suspension or revocation of the CLP or CDL holder's non-CMV | ||||||
| 13 | privileges.
| ||||||
| 14 | (e-1) (Blank).
| ||||||
| 15 | (f) Notwithstanding any other provision of this Code, any | ||||||
| 16 | driver
disqualified from operating a commercial motor vehicle, | ||||||
| 17 | pursuant to this
UCDLA, shall not be eligible for restoration | ||||||
| 18 | of commercial driving
privileges during any such period of | ||||||
| 19 | disqualification.
| ||||||
| 20 | (g) After suspending, revoking, or cancelling a CLP or CDL, | ||||||
| 21 | the Secretary of State must update the driver's records to | ||||||
| 22 | reflect
such action within 10 days. After suspending or | ||||||
| 23 | revoking the driving privilege
of any person who has been | ||||||
| 24 | issued a CLP or CDL from another jurisdiction, the Secretary | ||||||
| 25 | shall originate notification to
such issuing jurisdiction | ||||||
| 26 | within 10 days.
| ||||||
| |||||||
| |||||||
| 1 | (h) The "disqualifications" referred to in this Section | ||||||
| 2 | shall not be
imposed upon any commercial motor vehicle driver, | ||||||
| 3 | by the Secretary of
State, unless the prohibited action(s) | ||||||
| 4 | occurred after March 31, 1992.
| ||||||
| 5 | (i) A person is disqualified from driving a commercial | ||||||
| 6 | motor vehicle in
accordance with the following:
| ||||||
| 7 | (1) For 6 months upon a first conviction of paragraph | ||||||
| 8 | (2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||||||
| 9 | of this Code.
| ||||||
| 10 | (2) For 2 years upon a second conviction of paragraph | ||||||
| 11 | (2) of subsection
(b) or subsection (b-3) or any | ||||||
| 12 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
| 13 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
| 14 | within a 10-year period if the second conviction is a | ||||||
| 15 | violation of paragraph (2) of subsection (b) or subsection | ||||||
| 16 | (b-3).
| ||||||
| 17 | (3) For 3 years upon a third or subsequent conviction | ||||||
| 18 | of paragraph (2) of
subsection (b) or subsection (b-3) or | ||||||
| 19 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
| 20 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
| 21 | within a 10-year period if the third or subsequent | ||||||
| 22 | conviction is a violation of paragraph (2) of subsection | ||||||
| 23 | (b) or subsection (b-3).
| ||||||
| 24 | (4) For one year upon a first conviction of paragraph | ||||||
| 25 | (3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||||||
| 26 | of this Code.
| ||||||
| |||||||
| |||||||
| 1 | (5) For 3 years upon a second conviction of paragraph | ||||||
| 2 | (3) of subsection
(b) or subsection (b-5) or any | ||||||
| 3 | combination of paragraphs (2) or (3) of subsection (b) or | ||||||
| 4 | subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
| 5 | within a 10-year period if the second conviction is a | ||||||
| 6 | violation of paragraph (3) of subsection (b) or (b-5).
| ||||||
| 7 | (6) For 5 years upon a third or subsequent conviction | ||||||
| 8 | of paragraph (3) of
subsection (b) or subsection (b-5) or | ||||||
| 9 | any combination of paragraphs (2) or (3) of subsection (b) | ||||||
| 10 | or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||||||
| 11 | within a 10-year period if the third or subsequent | ||||||
| 12 | conviction is a violation of paragraph (3) of subsection | ||||||
| 13 | (b) or (b-5).
| ||||||
| 14 | (j) Disqualification for railroad-highway grade crossing
| ||||||
| 15 | violation.
| ||||||
| 16 | (1) General rule. A driver who is convicted of a | ||||||
| 17 | violation of a federal,
State, or
local law or regulation | ||||||
| 18 | pertaining to
one of the following 6 offenses at a | ||||||
| 19 | railroad-highway grade crossing must be
disqualified
from | ||||||
| 20 | operating a commercial motor vehicle for the period of time | ||||||
| 21 | specified in
paragraph (2) of this subsection (j) if the | ||||||
| 22 | offense was committed while
operating a commercial motor | ||||||
| 23 | vehicle:
| ||||||
| 24 | (i) For drivers who are not required to always | ||||||
| 25 | stop, failing to
slow down and check that the tracks | ||||||
| 26 | are clear of an approaching train or railroad track | ||||||
| |||||||
| |||||||
| 1 | equipment, as
described in subsection (a-5) of Section | ||||||
| 2 | 11-1201 of this Code;
| ||||||
| 3 | (ii) For drivers who are not required to always | ||||||
| 4 | stop, failing to
stop before reaching the crossing, if | ||||||
| 5 | the tracks are not clear, as described in
subsection | ||||||
| 6 | (a) of Section 11-1201 of this Code;
| ||||||
| 7 | (iii) For drivers who are always required to stop, | ||||||
| 8 | failing to stop
before driving onto the crossing, as | ||||||
| 9 | described in Section 11-1202 of this Code;
| ||||||
| 10 | (iv) For all drivers, failing to have sufficient | ||||||
| 11 | space to drive
completely through the crossing without | ||||||
| 12 | stopping, as described in subsection
(b) of Section | ||||||
| 13 | 11-1425 of this Code;
| ||||||
| 14 | (v) For all drivers, failing to obey a traffic | ||||||
| 15 | control device or
the directions of an enforcement | ||||||
| 16 | official at the crossing, as described in
subdivision | ||||||
| 17 | (a)2 of Section 11-1201 of this Code;
| ||||||
| 18 | (vi) For all drivers, failing to negotiate a | ||||||
| 19 | crossing because of
insufficient undercarriage | ||||||
| 20 | clearance, as described in subsection (d-1) of
Section | ||||||
| 21 | 11-1201 of this Code.
| ||||||
| 22 | (2) Duration of disqualification for railroad-highway | ||||||
| 23 | grade
crossing violation.
| ||||||
| 24 | (i) First violation. A driver must be disqualified | ||||||
| 25 | from operating a
commercial motor vehicle
for not less | ||||||
| 26 | than 60 days if the driver is convicted of a violation | ||||||
| |||||||
| |||||||
| 1 | described
in paragraph
(1) of this subsection (j) and, | ||||||
| 2 | in the three-year period preceding the
conviction, the | ||||||
| 3 | driver
had no convictions for a violation described in | ||||||
| 4 | paragraph (1) of this
subsection (j).
| ||||||
| 5 | (ii) Second violation. A driver must be | ||||||
| 6 | disqualified from operating a
commercial
motor vehicle
| ||||||
| 7 | for not less
than 120 days if the driver is convicted
| ||||||
| 8 | of a violation described in paragraph (1) of this | ||||||
| 9 | subsection (j) and, in the
three-year
period preceding | ||||||
| 10 | the conviction, the driver had one other conviction for | ||||||
| 11 | a
violation
described in paragraph (1) of this | ||||||
| 12 | subsection (j) that was committed in a
separate
| ||||||
| 13 | incident.
| ||||||
| 14 | (iii) Third or subsequent violation. A driver must | ||||||
| 15 | be disqualified from
operating a
commercial motor | ||||||
| 16 | vehicle
for not less than one year if the driver is | ||||||
| 17 | convicted
of a violation described in paragraph (1) of | ||||||
| 18 | this subsection (j) and, in the
three-year
period | ||||||
| 19 | preceding the conviction, the driver had 2 or more | ||||||
| 20 | other convictions for
violations
described in | ||||||
| 21 | paragraph (1) of this subsection (j) that were | ||||||
| 22 | committed in
separate incidents.
| ||||||
| 23 | (k) Upon notification of a disqualification of a driver's | ||||||
| 24 | commercial motor vehicle privileges imposed by the U.S. | ||||||
| 25 | Department of Transportation, Federal Motor Carrier Safety | ||||||
| 26 | Administration, in accordance with 49 C.F.R. 383.52, the | ||||||
| |||||||
| |||||||
| 1 | Secretary of State shall immediately record to the driving | ||||||
| 2 | record the notice of disqualification and confirm to the driver | ||||||
| 3 | the action that has been taken.
| ||||||
| 4 | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||||||
| 5 | 98-122, eff. 1-1-14; 98-176, eff. 7-1-14; revised 8-8-13.)
| ||||||
| 6 | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| ||||||
| 7 | Sec. 11-208. Powers of local authorities.
| ||||||
| 8 | (a) The provisions of this Code shall not be deemed to | ||||||
| 9 | prevent
local authorities with respect to streets and highways | ||||||
| 10 | under their
jurisdiction and within the reasonable exercise of | ||||||
| 11 | the police power from:
| ||||||
| 12 | 1. Regulating the standing or parking of vehicles, | ||||||
| 13 | except as
limited by Sections 11-1306 and 11-1307 of this | ||||||
| 14 | Act;
| ||||||
| 15 | 2. Regulating traffic by means of police officers or | ||||||
| 16 | traffic control
signals;
| ||||||
| 17 | 3. Regulating or prohibiting processions or | ||||||
| 18 | assemblages on the highways; and certifying persons to | ||||||
| 19 | control traffic for processions or assemblages;
| ||||||
| 20 | 4. Designating particular highways as one-way highways | ||||||
| 21 | and requiring that
all vehicles thereon be moved in one | ||||||
| 22 | specific direction;
| ||||||
| 23 | 5. Regulating the speed of vehicles in public parks | ||||||
| 24 | subject to the
limitations set forth in Section 11-604;
| ||||||
| 25 | 6. Designating any highway as a through highway, as | ||||||
| |||||||
| |||||||
| 1 | authorized in Section
11-302, and requiring that all | ||||||
| 2 | vehicles stop before entering or crossing
the same or | ||||||
| 3 | designating any intersection as a stop intersection or a | ||||||
| 4 | yield
right-of-way intersection and requiring all vehicles | ||||||
| 5 | to stop or yield the
right-of-way at one or more entrances | ||||||
| 6 | to such intersections;
| ||||||
| 7 | 7. Restricting the use of highways as authorized in | ||||||
| 8 | Chapter 15;
| ||||||
| 9 | 8. Regulating the operation of bicycles and requiring | ||||||
| 10 | the
registration and licensing of same, including the | ||||||
| 11 | requirement of a
registration fee;
| ||||||
| 12 | 9. Regulating or prohibiting the turning of vehicles or | ||||||
| 13 | specified
types of vehicles at intersections;
| ||||||
| 14 | 10. Altering the speed limits as authorized in Section | ||||||
| 15 | 11-604;
| ||||||
| 16 | 11. Prohibiting U-turns;
| ||||||
| 17 | 12. Prohibiting pedestrian crossings at other than | ||||||
| 18 | designated and marked
crosswalks or at intersections;
| ||||||
| 19 | 13. Prohibiting parking during snow removal operation;
| ||||||
| 20 | 14. Imposing fines in accordance with Section | ||||||
| 21 | 11-1301.3 as penalties
for use of any parking place | ||||||
| 22 | reserved for persons with disabilities, as defined
by | ||||||
| 23 | Section 1-159.1, or disabled veterans by any person using a | ||||||
| 24 | motor
vehicle not bearing registration plates specified in | ||||||
| 25 | Section 11-1301.1
or a special decal or device as defined | ||||||
| 26 | in Section 11-1301.2
as evidence that the vehicle is | ||||||
| |||||||
| |||||||
| 1 | operated by or for a person
with disabilities or disabled | ||||||
| 2 | veteran;
| ||||||
| 3 | 15. Adopting such other traffic regulations as are | ||||||
| 4 | specifically
authorized by this Code; or
| ||||||
| 5 | 16. Enforcing the provisions of subsection (f) of | ||||||
| 6 | Section 3-413 of this
Code or a similar local ordinance.
| ||||||
| 7 | (b) No ordinance or regulation enacted under subsections 1, | ||||||
| 8 | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | ||||||
| 9 | until signs giving
reasonable notice of such local traffic | ||||||
| 10 | regulations are posted.
| ||||||
| 11 | (c) The provisions of this Code shall not prevent any
| ||||||
| 12 | municipality having a population of 500,000 or more inhabitants | ||||||
| 13 | from
prohibiting any person from driving or operating any motor | ||||||
| 14 | vehicle upon
the roadways of such municipality with headlamps | ||||||
| 15 | on high beam or bright.
| ||||||
| 16 | (d) The provisions of this Code shall not be deemed to | ||||||
| 17 | prevent local
authorities within the reasonable exercise of | ||||||
| 18 | their police power from
prohibiting, on private property, the | ||||||
| 19 | unauthorized use of parking spaces
reserved for persons with | ||||||
| 20 | disabilities.
| ||||||
| 21 | (e) No unit of local government, including a home rule | ||||||
| 22 | unit, may enact or
enforce an ordinance that applies only to | ||||||
| 23 | motorcycles if the principal purpose
for that ordinance is to | ||||||
| 24 | restrict the access of motorcycles to any highway or
portion of | ||||||
| 25 | a highway for which federal or State funds have been used for | ||||||
| 26 | the
planning, design, construction, or maintenance of that | ||||||
| |||||||
| |||||||
| 1 | highway. No unit of
local government, including a home rule | ||||||
| 2 | unit, may enact an ordinance requiring
motorcycle users to wear | ||||||
| 3 | protective headgear. Nothing in this subsection
(e) shall | ||||||
| 4 | affect the authority of a unit of local government to regulate
| ||||||
| 5 | motorcycles for traffic control purposes or in accordance with | ||||||
| 6 | Section 12-602
of this Code. No unit of local government, | ||||||
| 7 | including a home rule unit, may
regulate motorcycles in a | ||||||
| 8 | manner inconsistent with this Code. This subsection
(e) is a | ||||||
| 9 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
| 10 | the
Illinois Constitution on the concurrent exercise by home | ||||||
| 11 | rule units of powers
and functions exercised by the State.
| ||||||
| 12 | (f) A municipality or county designated in Section 11-208.6 | ||||||
| 13 | may enact an ordinance providing for an
automated traffic law | ||||||
| 14 | enforcement system to enforce violations of this Code or
a | ||||||
| 15 | similar provision of a local ordinance and imposing liability | ||||||
| 16 | on a registered owner or lessee of a vehicle used in such a | ||||||
| 17 | violation.
| ||||||
| 18 | (g) A municipality or county, as provided in Section | ||||||
| 19 | 11-1201.1, may enact an ordinance providing for an automated | ||||||
| 20 | traffic law enforcement system to enforce violations of Section | ||||||
| 21 | 11-1201 of this Code or a similar provision of a local | ||||||
| 22 | ordinance and imposing liability on a registered owner of a | ||||||
| 23 | vehicle used in such a violation.
| ||||||
| 24 | (h) A municipality designated in Section 11-208.8 may enact | ||||||
| 25 | an ordinance providing for an
automated speed enforcement | ||||||
| 26 | system to enforce violations of Article VI of Chapter 11 of | ||||||
| |||||||
| |||||||
| 1 | this Code or a similar provision of a local ordinance. | ||||||
| 2 | (i) A municipality or county designated in Section 11-208.9 | ||||||
| 3 | may enact an ordinance providing for an
automated traffic law | ||||||
| 4 | enforcement system to enforce violations of Section 11-1414 of | ||||||
| 5 | this Code or
a similar provision of a local ordinance and | ||||||
| 6 | imposing liability on a registered owner or lessee of a vehicle | ||||||
| 7 | used in such a violation. | ||||||
| 8 | (Source: P.A. 97-29, eff. 1-1-12; 97-672, eff. 7-1-12; 98-396, | ||||||
| 9 | eff. 1-1-14; 98-556, eff. 1-1-14; revised 9-19-13.)
| ||||||
| 10 | (625 ILCS 5/11-208.7) | ||||||
| 11 | Sec. 11-208.7. Administrative fees and procedures for | ||||||
| 12 | impounding vehicles for specified violations. | ||||||
| 13 | (a) Any municipality may, consistent with this Section, | ||||||
| 14 | provide by ordinance procedures for the release of properly | ||||||
| 15 | impounded vehicles and for the imposition of a reasonable | ||||||
| 16 | administrative fee related to its administrative and | ||||||
| 17 | processing costs associated with the investigation, arrest, | ||||||
| 18 | and detention of an offender, or the removal, impoundment, | ||||||
| 19 | storage, and release of the vehicle. The administrative fee | ||||||
| 20 | imposed by the municipality may be in addition to any fees
| ||||||
| 21 | charged for the towing and storage of an impounded vehicle. The | ||||||
| 22 | administrative fee shall be waived by the municipality upon | ||||||
| 23 | verifiable proof that the vehicle was stolen at the time the | ||||||
| 24 | vehicle was impounded. | ||||||
| 25 | (b) Any ordinance establishing procedures for the release | ||||||
| |||||||
| |||||||
| 1 | of properly impounded vehicles under this Section may impose | ||||||
| 2 | fees for the following violations: | ||||||
| 3 | (1) operation or use of a motor vehicle in the | ||||||
| 4 | commission of, or in the attempt to commit, an offense for | ||||||
| 5 | which a motor vehicle may be seized and forfeited pursuant | ||||||
| 6 | to Section 36-1 of the Criminal Code of 2012; or | ||||||
| 7 | (2) driving under the influence of alcohol, another | ||||||
| 8 | drug or drugs, an intoxicating compound or compounds, or | ||||||
| 9 | any combination thereof, in violation of Section 11-501 of | ||||||
| 10 | this Code; or | ||||||
| 11 | (3) operation or use of a motor vehicle in the | ||||||
| 12 | commission of, or in the attempt to commit, a felony or in | ||||||
| 13 | violation of the Cannabis Control Act; or | ||||||
| 14 | (4) operation or use of a motor vehicle in the | ||||||
| 15 | commission of, or in the attempt to commit, an offense in | ||||||
| 16 | violation of the Illinois Controlled Substances Act; or | ||||||
| 17 | (5) operation or use of a motor vehicle in the | ||||||
| 18 | commission of, or in the attempt to commit, an offense in | ||||||
| 19 | violation of Section 24-1, 24-1.5, or 24-3.1 of the | ||||||
| 20 | Criminal Code of 1961 or the Criminal Code of 2012; or | ||||||
| 21 | (6) driving while a driver's license, permit, or | ||||||
| 22 | privilege to operate a motor vehicle is suspended or | ||||||
| 23 | revoked pursuant to Section 6-303 of this Code; except that | ||||||
| 24 | vehicles shall not be subjected to seizure or impoundment | ||||||
| 25 | if the suspension is for an unpaid citation (parking or | ||||||
| 26 | moving) or due to failure to comply with emission testing; | ||||||
| |||||||
| |||||||
| 1 | or | ||||||
| 2 | (7) operation or use of a motor vehicle while | ||||||
| 3 | soliciting, possessing, or attempting to solicit or | ||||||
| 4 | possess cannabis or a controlled substance, as defined by | ||||||
| 5 | the Cannabis Control Act or the Illinois Controlled | ||||||
| 6 | Substances Act; or | ||||||
| 7 | (8) operation or use of a motor vehicle with an expired | ||||||
| 8 | driver's license, in violation of Section 6-101 of this | ||||||
| 9 | Code, if the period of expiration is greater than one year; | ||||||
| 10 | or | ||||||
| 11 | (9) operation or use of a motor vehicle without ever | ||||||
| 12 | having been issued a driver's license or permit, in | ||||||
| 13 | violation of Section 6-101 of this Code, or operating a | ||||||
| 14 | motor vehicle without ever having been issued a driver's | ||||||
| 15 | license or permit due to a person's age; or | ||||||
| 16 | (10) operation or use of a motor vehicle by a person | ||||||
| 17 | against whom a warrant has been issued by a circuit clerk | ||||||
| 18 | in Illinois for failing to answer charges that the driver | ||||||
| 19 | violated Section 6-101, 6-303, or 11-501 of this Code; or | ||||||
| 20 | (11) operation or use of a motor vehicle in the | ||||||
| 21 | commission of, or in the attempt to commit, an offense in | ||||||
| 22 | violation of Article 16 or 16A of the Criminal Code of 1961 | ||||||
| 23 | or the Criminal Code of 2012; or | ||||||
| 24 | (12) operation or use of a motor vehicle in the | ||||||
| 25 | commission of, or in the attempt to commit, any other
| ||||||
| 26 | misdemeanor or felony offense in violation of the Criminal | ||||||
| |||||||
| |||||||
| 1 | Code of 1961 or the Criminal Code of 2012, when so provided | ||||||
| 2 | by
local ordinance; or | ||||||
| 3 | (13) operation or use of a motor vehicle in violation | ||||||
| 4 | of Section 11-503 of this Code: | ||||||
| 5 | (A) while the vehicle is part of a funeral | ||||||
| 6 | procession; or | ||||||
| 7 | (B) in a manner that interferes with a funeral | ||||||
| 8 | procession. | ||||||
| 9 | (c) The following shall apply to any fees imposed for | ||||||
| 10 | administrative and processing costs pursuant to subsection | ||||||
| 11 | (b): | ||||||
| 12 | (1) All administrative fees and towing and storage | ||||||
| 13 | charges shall be imposed on the registered owner of the | ||||||
| 14 | motor vehicle or the agents of that owner. | ||||||
| 15 | (2) The fees shall be in addition to (i) any other | ||||||
| 16 | penalties that may be assessed by a court of law for the | ||||||
| 17 | underlying violations; and (ii) any towing or storage fees, | ||||||
| 18 | or both, charged by the towing company. | ||||||
| 19 | (3) The fees shall be uniform for all similarly | ||||||
| 20 | situated vehicles. | ||||||
| 21 | (4) The fees shall be collected by and paid to the | ||||||
| 22 | municipality imposing the fees. | ||||||
| 23 | (5) The towing or storage fees, or both, shall be | ||||||
| 24 | collected by and paid to the person, firm, or entity that | ||||||
| 25 | tows and stores the impounded vehicle. | ||||||
| 26 | (d) Any ordinance establishing procedures for the release | ||||||
| |||||||
| |||||||
| 1 | of properly impounded vehicles under this Section shall provide | ||||||
| 2 | for an opportunity for a hearing, as provided in subdivision | ||||||
| 3 | (b)(4) of Section 11-208.3 of this Code, and for the release of | ||||||
| 4 | the vehicle to the owner of record, lessee, or a lienholder of | ||||||
| 5 | record upon payment of all administrative fees and towing and | ||||||
| 6 | storage fees. | ||||||
| 7 | (e) Any ordinance establishing procedures for the | ||||||
| 8 | impoundment
and release of vehicles under this Section shall | ||||||
| 9 | include the following provisions concerning notice of | ||||||
| 10 | impoundment: | ||||||
| 11 | (1) Whenever
a police officer has cause to believe that | ||||||
| 12 | a motor vehicle is subject to impoundment, the officer
| ||||||
| 13 | shall provide for the towing of the vehicle to a facility | ||||||
| 14 | authorized by the municipality. | ||||||
| 15 | (2) At the
time the vehicle is towed, the municipality | ||||||
| 16 | shall notify or make a reasonable attempt to notify the
| ||||||
| 17 | owner, lessee, or person identifying himself or herself as | ||||||
| 18 | the owner or lessee of the vehicle, or any person
who is | ||||||
| 19 | found to be in control of the vehicle at the time of the | ||||||
| 20 | alleged offense, of the fact of the
seizure, and of the | ||||||
| 21 | vehicle owner's or lessee's right to an administrative | ||||||
| 22 | hearing. | ||||||
| 23 | (3) The municipality shall
also provide notice that the | ||||||
| 24 | motor vehicle will remain impounded pending the completion | ||||||
| 25 | of an
administrative hearing, unless the owner or lessee of | ||||||
| 26 | the vehicle or a lienholder posts with the
municipality a | ||||||
| |||||||
| |||||||
| 1 | bond equal to the administrative fee as provided by | ||||||
| 2 | ordinance and pays for all
towing and storage charges. | ||||||
| 3 | (f) Any ordinance establishing procedures for the | ||||||
| 4 | impoundment and
release of vehicles under this Section shall | ||||||
| 5 | include a provision providing that the
registered owner or | ||||||
| 6 | lessee of the vehicle and any lienholder of record shall be | ||||||
| 7 | provided with a
notice of hearing. The notice shall: | ||||||
| 8 | (1) be served upon the owner, lessee, and any | ||||||
| 9 | lienholder of record either by personal service or by first | ||||||
| 10 | class mail to the interested party's address as registered | ||||||
| 11 | with the Secretary of State; | ||||||
| 12 | (2) be served upon interested parties within 10 days | ||||||
| 13 | after a vehicle is impounded by the municipality; and | ||||||
| 14 | (3) contain the date, time, and location of the | ||||||
| 15 | administrative hearing. An
initial hearing shall be | ||||||
| 16 | scheduled and convened no later than 45 days after the date | ||||||
| 17 | of
the mailing of the notice of hearing. | ||||||
| 18 | (g) In addition to the requirements contained in
| ||||||
| 19 | subdivision (b)(4) of Section 11-208.3 of this Code relating to | ||||||
| 20 | administrative hearings, any ordinance providing for the | ||||||
| 21 | impoundment
and release of vehicles under this Section shall | ||||||
| 22 | include the following requirements concerning administrative | ||||||
| 23 | hearings: | ||||||
| 24 | (1) administrative hearings shall be conducted by a | ||||||
| 25 | hearing officer who is an attorney licensed to practice law | ||||||
| 26 | in this State for a minimum of 3 years; | ||||||
| |||||||
| |||||||
| 1 | (2) at the conclusion of the administrative hearing, | ||||||
| 2 | the hearing officer shall issue
a written decision either | ||||||
| 3 | sustaining or overruling the vehicle impoundment; | ||||||
| 4 | (3) if the basis for the vehicle
impoundment is | ||||||
| 5 | sustained by the administrative hearing officer, any | ||||||
| 6 | administrative fee posted to
secure the release of the | ||||||
| 7 | vehicle shall be forfeited to the municipality; | ||||||
| 8 | (4) all final decisions of the administrative hearing | ||||||
| 9 | officer shall be subject to
review under the provisions of | ||||||
| 10 | the Administrative Review Law; and | ||||||
| 11 | (5) unless the administrative hearing
officer | ||||||
| 12 | overturns the basis for the vehicle impoundment, no vehicle | ||||||
| 13 | shall be released to the owner, lessee, or lienholder of | ||||||
| 14 | record until
all administrative fees and towing and storage | ||||||
| 15 | charges are paid. | ||||||
| 16 | (h) Vehicles not retrieved from the towing facility or | ||||||
| 17 | storage facility
within 35 days after the administrative | ||||||
| 18 | hearing officer issues a written decision shall be deemed | ||||||
| 19 | abandoned and disposed of in accordance with the provisions of | ||||||
| 20 | Article II of Chapter
4 of this Code. | ||||||
| 21 | (i) Unless stayed by a court of competent jurisdiction, any | ||||||
| 22 | fine, penalty, or administrative fee imposed under this
Section | ||||||
| 23 | which remains unpaid in whole or in part after the expiration | ||||||
| 24 | of the deadline for seeking judicial
review under the | ||||||
| 25 | Administrative Review Law may be enforced in the same manner as | ||||||
| 26 | a judgment entered by a court of
competent jurisdiction.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-109, eff. 1-1-12; 97-1150, eff. 1-25-13; | ||||||
| 2 | 98-518, eff. 8-22-13; revised 9-19-13.)
| ||||||
| 3 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
| 4 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
| 5 | other drug or drugs, intoxicating compound or compounds or any | ||||||
| 6 | combination thereof.
| ||||||
| 7 | (a) A person shall not drive or be in actual physical | ||||||
| 8 | control of any vehicle within this State while: | ||||||
| 9 | (1) the alcohol concentration in the person's blood or | ||||||
| 10 | breath is 0.08 or more based on the definition of blood and | ||||||
| 11 | breath units in Section 11-501.2; | ||||||
| 12 | (2) under the influence of alcohol; | ||||||
| 13 | (3) under the influence of any intoxicating compound or | ||||||
| 14 | combination of intoxicating compounds to a degree that | ||||||
| 15 | renders the person incapable of driving safely; | ||||||
| 16 | (4) under the influence of any other drug or | ||||||
| 17 | combination of drugs to a degree that renders the person | ||||||
| 18 | incapable of safely driving; | ||||||
| 19 | (5) under the combined influence of alcohol, other drug | ||||||
| 20 | or drugs, or intoxicating compound or compounds to a degree | ||||||
| 21 | that renders the person incapable of safely driving; or | ||||||
| 22 | (6) there is any amount of a drug, substance, or | ||||||
| 23 | compound in the person's breath, blood, or urine resulting | ||||||
| 24 | from the unlawful use or consumption of cannabis listed in | ||||||
| 25 | the Cannabis Control Act, a controlled substance listed in | ||||||
| |||||||
| |||||||
| 1 | the Illinois Controlled Substances Act, an intoxicating | ||||||
| 2 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
| 3 | or methamphetamine as listed in the Methamphetamine | ||||||
| 4 | Control and Community Protection Act.
Subject to all other | ||||||
| 5 | requirements and provisions under this Section, this | ||||||
| 6 | paragraph (6) does not apply to the lawful consumption of | ||||||
| 7 | cannabis by a qualifying patient licensed under the | ||||||
| 8 | Compassionate Use of Medical Cannabis Pilot Program Act who | ||||||
| 9 | is in possession of a valid registry card issued under that | ||||||
| 10 | Act, unless that person is impaired by the use of cannabis. | ||||||
| 11 | (b) The fact that any person charged with violating this | ||||||
| 12 | Section is or has been legally entitled to use alcohol, | ||||||
| 13 | cannabis under the Compassionate Use of Medical Cannabis Pilot | ||||||
| 14 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
| 15 | compounds, or any combination thereof, shall not constitute a | ||||||
| 16 | defense against any charge of violating this Section. | ||||||
| 17 | (c) Penalties. | ||||||
| 18 | (1) Except as otherwise provided in this Section, any | ||||||
| 19 | person convicted of violating subsection (a) of this | ||||||
| 20 | Section is guilty of a Class A misdemeanor. | ||||||
| 21 | (2) A person who violates subsection (a) or a similar | ||||||
| 22 | provision a second time shall be sentenced to a mandatory | ||||||
| 23 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
| 24 | of community service in addition to any other criminal or | ||||||
| 25 | administrative sanction. | ||||||
| 26 | (3) A person who violates subsection (a) is subject to | ||||||
| |||||||
| |||||||
| 1 | 6 months of imprisonment, an additional mandatory minimum | ||||||
| 2 | fine of $1,000, and 25 days of community service in a | ||||||
| 3 | program benefiting children if the person was transporting | ||||||
| 4 | a person under the age of 16 at the time of the violation. | ||||||
| 5 | (4) A person who violates subsection (a) a first time, | ||||||
| 6 | if the alcohol concentration in his or her blood, breath, | ||||||
| 7 | or urine was 0.16 or more based on the definition of blood, | ||||||
| 8 | breath, or urine units in Section 11-501.2, shall be | ||||||
| 9 | subject, in addition to any other penalty that may be | ||||||
| 10 | imposed, to a mandatory minimum of 100 hours of community | ||||||
| 11 | service and a mandatory minimum fine of $500. | ||||||
| 12 | (5) A person who violates subsection (a) a second time, | ||||||
| 13 | if at the time of the second violation the alcohol | ||||||
| 14 | concentration in his or her blood, breath, or urine was | ||||||
| 15 | 0.16 or more based on the definition of blood, breath, or | ||||||
| 16 | urine units in Section 11-501.2, shall be subject, in | ||||||
| 17 | addition to any other penalty that may be imposed, to a | ||||||
| 18 | mandatory minimum of 2 days of imprisonment and a mandatory | ||||||
| 19 | minimum fine of $1,250. | ||||||
| 20 | (d) Aggravated driving under the influence of alcohol, | ||||||
| 21 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
| 22 | any combination thereof.
| ||||||
| 23 | (1) Every person convicted of committing a violation of | ||||||
| 24 | this Section shall be guilty of aggravated driving under | ||||||
| 25 | the influence of alcohol, other drug or drugs, or | ||||||
| 26 | intoxicating compound or compounds, or any combination | ||||||
| |||||||
| |||||||
| 1 | thereof if: | ||||||
| 2 | (A) the person committed a violation of subsection | ||||||
| 3 | (a) or a similar provision for the third or subsequent | ||||||
| 4 | time; | ||||||
| 5 | (B) the person committed a violation of subsection | ||||||
| 6 | (a) while driving a school bus with one or more | ||||||
| 7 | passengers on board; | ||||||
| 8 | (C) the person in committing a violation of | ||||||
| 9 | subsection (a) was involved in a motor vehicle accident | ||||||
| 10 | that resulted in great bodily harm or permanent | ||||||
| 11 | disability or disfigurement to another, when the | ||||||
| 12 | violation was a proximate cause of the injuries; | ||||||
| 13 | (D) the person committed a violation of subsection | ||||||
| 14 | (a) and has been previously convicted of violating | ||||||
| 15 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 16 | Criminal Code of 2012 or a similar provision of a law | ||||||
| 17 | of another state relating to reckless homicide in which | ||||||
| 18 | the person was determined to have been under the | ||||||
| 19 | influence of alcohol, other drug or drugs, or | ||||||
| 20 | intoxicating compound or compounds as an element of the | ||||||
| 21 | offense or the person has previously been convicted | ||||||
| 22 | under subparagraph (C) or subparagraph (F) of this | ||||||
| 23 | paragraph (1); | ||||||
| 24 | (E) the person, in committing a violation of | ||||||
| 25 | subsection (a) while driving at any speed in a school | ||||||
| 26 | speed zone at a time when a speed limit of 20 miles per | ||||||
| |||||||
| |||||||
| 1 | hour was in effect under subsection (a) of Section | ||||||
| 2 | 11-605 of this Code, was involved in a motor vehicle | ||||||
| 3 | accident that resulted in bodily harm, other than great | ||||||
| 4 | bodily harm or permanent disability or disfigurement, | ||||||
| 5 | to another person, when the violation of subsection (a) | ||||||
| 6 | was a proximate cause of the bodily harm; | ||||||
| 7 | (F) the person, in committing a violation of | ||||||
| 8 | subsection (a), was involved in a motor vehicle, | ||||||
| 9 | snowmobile, all-terrain vehicle, or watercraft | ||||||
| 10 | accident that resulted in the death of another person, | ||||||
| 11 | when the violation of subsection (a) was a proximate | ||||||
| 12 | cause of the death; | ||||||
| 13 | (G) the person committed a violation of subsection | ||||||
| 14 | (a) during a period in which the defendant's driving | ||||||
| 15 | privileges are revoked or suspended, where the | ||||||
| 16 | revocation or suspension was for a violation of | ||||||
| 17 | subsection (a) or a similar provision, Section | ||||||
| 18 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
| 19 | reckless homicide as defined in Section 9-3 of the | ||||||
| 20 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 21 | (H) the person committed the violation while he or | ||||||
| 22 | she did not possess a driver's license or permit or a | ||||||
| 23 | restricted driving permit or a judicial driving permit | ||||||
| 24 | or a monitoring device driving permit; | ||||||
| 25 | (I) the person committed the violation while he or | ||||||
| 26 | she knew or should have known that the vehicle he or | ||||||
| |||||||
| |||||||
| 1 | she was driving was not covered by a liability | ||||||
| 2 | insurance policy; | ||||||
| 3 | (J) the person in committing a violation of | ||||||
| 4 | subsection (a) was involved in a motor vehicle accident | ||||||
| 5 | that resulted in bodily harm, but not great bodily | ||||||
| 6 | harm, to the child under the age of 16 being | ||||||
| 7 | transported by the person, if the violation was the | ||||||
| 8 | proximate cause of the injury; | ||||||
| 9 | (K) the person in committing a second violation of | ||||||
| 10 | subsection (a) or a similar provision was transporting | ||||||
| 11 | a person under the age of 16; or | ||||||
| 12 | (L) the person committed a violation of subsection | ||||||
| 13 | (a) of this Section while transporting one or more | ||||||
| 14 | passengers in a vehicle for-hire. | ||||||
| 15 | (2)(A) Except as provided otherwise, a person | ||||||
| 16 | convicted of aggravated driving under the influence of | ||||||
| 17 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
| 18 | compounds, or any combination thereof is guilty of a Class | ||||||
| 19 | 4 felony. | ||||||
| 20 | (B) A third violation of this Section or a similar | ||||||
| 21 | provision is a Class 2 felony. If at the time of the third | ||||||
| 22 | violation the alcohol concentration in his or her blood, | ||||||
| 23 | breath, or urine was 0.16 or more based on the definition | ||||||
| 24 | of blood, breath, or urine units in Section 11-501.2, a | ||||||
| 25 | mandatory minimum of 90 days of imprisonment and a | ||||||
| 26 | mandatory minimum fine of $2,500 shall be imposed in | ||||||
| |||||||
| |||||||
| 1 | addition to any other criminal or administrative sanction. | ||||||
| 2 | If at the time of the third violation, the defendant was | ||||||
| 3 | transporting a person under the age of 16, a mandatory fine | ||||||
| 4 | of $25,000 and 25 days of community service in a program | ||||||
| 5 | benefiting children shall be imposed in addition to any | ||||||
| 6 | other criminal or administrative sanction. | ||||||
| 7 | (C) A fourth violation of this Section or a similar | ||||||
| 8 | provision is a Class 2 felony, for which a sentence of | ||||||
| 9 | probation or conditional discharge may not be imposed. If | ||||||
| 10 | at the time of the violation, the alcohol concentration in | ||||||
| 11 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
| 12 | based on the definition of blood, breath, or urine units in | ||||||
| 13 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
| 14 | be imposed in addition to any other criminal or | ||||||
| 15 | administrative sanction. If at the time of the fourth | ||||||
| 16 | violation, the defendant was transporting a person under | ||||||
| 17 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
| 18 | community service in a program benefiting children shall be | ||||||
| 19 | imposed in addition to any other criminal or administrative | ||||||
| 20 | sanction. | ||||||
| 21 | (D) A fifth violation of this Section or a similar | ||||||
| 22 | provision is a Class 1 felony, for which a sentence of | ||||||
| 23 | probation or conditional discharge may not be imposed. If | ||||||
| 24 | at the time of the violation, the alcohol concentration in | ||||||
| 25 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
| 26 | based on the definition of blood, breath, or urine units in | ||||||
| |||||||
| |||||||
| 1 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
| 2 | be imposed in addition to any other criminal or | ||||||
| 3 | administrative sanction. If at the time of the fifth | ||||||
| 4 | violation, the defendant was transporting a person under | ||||||
| 5 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
| 6 | community service in a program benefiting children shall be | ||||||
| 7 | imposed in addition to any other criminal or administrative | ||||||
| 8 | sanction. | ||||||
| 9 | (E) A sixth or subsequent violation of this Section or | ||||||
| 10 | similar provision is a Class X felony. If at the time of | ||||||
| 11 | the violation, the alcohol concentration in the | ||||||
| 12 | defendant's blood, breath, or urine was 0.16 or more based | ||||||
| 13 | on the definition of blood, breath, or urine units in | ||||||
| 14 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
| 15 | be imposed in addition to any other criminal or | ||||||
| 16 | administrative sanction. If at the time of the violation, | ||||||
| 17 | the defendant was transporting a person under the age of | ||||||
| 18 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
| 19 | service in a program benefiting children shall be imposed | ||||||
| 20 | in addition to any other criminal or administrative | ||||||
| 21 | sanction. | ||||||
| 22 | (F) For a violation of subparagraph (C) of paragraph | ||||||
| 23 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
| 24 | a term of imprisonment, shall be sentenced to not less than | ||||||
| 25 | one year nor more than 12 years. | ||||||
| 26 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
| |||||||
| |||||||
| 1 | this subsection (d) is a Class 2 felony, for which the | ||||||
| 2 | defendant, unless the court determines that extraordinary | ||||||
| 3 | circumstances exist and require probation, shall be | ||||||
| 4 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
| 5 | years and not more than 14 years if the violation resulted | ||||||
| 6 | in the death of one person; or (ii) a term of imprisonment | ||||||
| 7 | of not less than 6 years and not more than 28 years if the | ||||||
| 8 | violation resulted in the deaths of 2 or more persons. | ||||||
| 9 | (H) For a violation of subparagraph (J) of paragraph | ||||||
| 10 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
| 11 | 25 days of community service in a program benefiting | ||||||
| 12 | children shall be imposed in addition to any other criminal | ||||||
| 13 | or administrative sanction. | ||||||
| 14 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
| 15 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
| 16 | fine of $2,500, and 25 days of community service in a | ||||||
| 17 | program benefiting children shall be imposed in addition to | ||||||
| 18 | any other criminal or administrative sanction. If the child | ||||||
| 19 | being transported suffered bodily harm, but not great | ||||||
| 20 | bodily harm, in a motor vehicle accident, and the violation | ||||||
| 21 | was the proximate cause of that injury, a mandatory fine of | ||||||
| 22 | $5,000 and 25 days of community service in a program | ||||||
| 23 | benefiting children shall be imposed in addition to any | ||||||
| 24 | other criminal or administrative sanction. | ||||||
| 25 | (J) A violation of subparagraph (D) of paragraph (1) of | ||||||
| 26 | this subsection (d) is a Class 3 felony, for which a | ||||||
| |||||||
| |||||||
| 1 | sentence of probation or conditional discharge may not be | ||||||
| 2 | imposed. | ||||||
| 3 | (3) Any person sentenced under this subsection (d) who | ||||||
| 4 | receives a term of probation or conditional discharge must | ||||||
| 5 | serve a minimum term of either 480 hours of community | ||||||
| 6 | service or 10 days of imprisonment as a condition of the | ||||||
| 7 | probation or conditional discharge in addition to any other | ||||||
| 8 | criminal or administrative sanction. | ||||||
| 9 | (e) Any reference to a prior violation of subsection (a) or | ||||||
| 10 | a similar provision includes any violation of a provision of a | ||||||
| 11 | local ordinance or a provision of a law of another state or an | ||||||
| 12 | offense committed on a military installation that is similar to | ||||||
| 13 | a violation of subsection (a) of this Section. | ||||||
| 14 | (f) The imposition of a mandatory term of imprisonment or | ||||||
| 15 | assignment of community service for a violation of this Section | ||||||
| 16 | shall not be suspended or reduced by the court. | ||||||
| 17 | (g) Any penalty imposed for driving with a license that has | ||||||
| 18 | been revoked for a previous violation of subsection (a) of this | ||||||
| 19 | Section shall be in addition to the penalty imposed for any | ||||||
| 20 | subsequent violation of subsection (a). | ||||||
| 21 | (h) For any prosecution under this Section, a certified | ||||||
| 22 | copy of the driving abstract of the defendant shall be admitted | ||||||
| 23 | as proof of any prior conviction.
| ||||||
| 24 | (Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; | ||||||
| 25 | 98-573, eff. 8-27-13; revised 9-19-13.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/11-709.2) | ||||||
| 2 | Sec. 11-709.2. Bus on shoulder pilot program. | ||||||
| 3 | (a) For purposes of this Section, "bus on shoulders" is the | ||||||
| 4 | use of specifically designated shoulders of roadways by | ||||||
| 5 | authorized transit buses. The shoulders may be used by transit | ||||||
| 6 | buses at times and locations as set by the Department in | ||||||
| 7 | cooperation with the Regional Transportation Authority and the | ||||||
| 8 | Suburban Bus Division of the Regional Transportation | ||||||
| 9 | Authority. | ||||||
| 10 | (b) Commencing on the effective date of this amendatory Act | ||||||
| 11 | of the 97th General Assembly, the Department along with the | ||||||
| 12 | Regional Transportation Authority and Suburban Bus Division of | ||||||
| 13 | the Regional Transportation Authority in cooperation with the | ||||||
| 14 | Illinois State Police shall establish a 5-year pilot program | ||||||
| 15 | within the boundaries of the Regional Transportation Authority | ||||||
| 16 | for transit buses on highways and shoulders. The pilot program | ||||||
| 17 | may be implemented on shoulders of highways as designated by | ||||||
| 18 | the Department in cooperation with the Regional Transportation | ||||||
| 19 | Authority and Suburban Bus Division of the Regional | ||||||
| 20 | Transportation Authority. The Department may adopt rules | ||||||
| 21 | necessary for transit buses to use roadway shoulders. | ||||||
| 22 | (c) After the pilot program established under subsection | ||||||
| 23 | (b) of this Section has been operating for 2 years, the | ||||||
| 24 | Department in cooperation with the Regional Transportation | ||||||
| 25 | Transit Authority, the Suburban Bus Division of the Regional | ||||||
| 26 | Transportation Authority, and the Illinois State Police shall | ||||||
| |||||||
| |||||||
| 1 | issue a report to the General Assembly on the effectiveness of | ||||||
| 2 | the bus on shoulders pilot program.
| ||||||
| 3 | (Source: P.A. 97-292, eff. 8-11-11; revised 11-19-13.)
| ||||||
| 4 | (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
| ||||||
| 5 | Sec. 12-215. Oscillating, rotating or flashing lights on | ||||||
| 6 | motor vehicles. Except as otherwise provided in this Code:
| ||||||
| 7 | (a) The use of red or white oscillating, rotating or | ||||||
| 8 | flashing lights,
whether lighted or unlighted, is prohibited | ||||||
| 9 | except on:
| ||||||
| 10 | 1. Law enforcement vehicles of State, Federal or
local | ||||||
| 11 | authorities;
| ||||||
| 12 | 2. A vehicle operated by a police officer or county | ||||||
| 13 | coroner
and designated or authorized by local authorities, | ||||||
| 14 | in writing, as a law
enforcement vehicle; however, such | ||||||
| 15 | designation or authorization must
be carried in the | ||||||
| 16 | vehicle;
| ||||||
| 17 | 2.1. A vehicle operated by a fire chief who has | ||||||
| 18 | completed an emergency vehicle operation training course | ||||||
| 19 | approved by the Office of the State Fire Marshal and | ||||||
| 20 | designated or authorized by local authorities, in writing, | ||||||
| 21 | as a fire department, fire protection district, or township | ||||||
| 22 | fire department vehicle; however, the designation or | ||||||
| 23 | authorization must
be carried in the vehicle, and the | ||||||
| 24 | lights may be visible or activated only when responding to | ||||||
| 25 | a bona fide emergency;
| ||||||
| |||||||
| |||||||
| 1 | 3. Vehicles of local fire departments and State or | ||||||
| 2 | federal
firefighting vehicles;
| ||||||
| 3 | 4. Vehicles which are designed and used exclusively as | ||||||
| 4 | ambulances
or rescue vehicles; furthermore, such lights | ||||||
| 5 | shall not be lighted except
when responding to an emergency | ||||||
| 6 | call for and while actually conveying the
sick or injured;
| ||||||
| 7 | 5. Tow trucks licensed in a state that requires such | ||||||
| 8 | lights;
furthermore, such lights shall not be lighted on | ||||||
| 9 | any such tow truck while the
tow truck is
operating in the | ||||||
| 10 | State of Illinois;
| ||||||
| 11 | 6. Vehicles of the Illinois Emergency Management | ||||||
| 12 | Agency, vehicles of the Office of the Illinois State Fire | ||||||
| 13 | Marshal, vehicles of the Illinois Department of Public | ||||||
| 14 | Health, vehicles of
the
Illinois Department of | ||||||
| 15 | Corrections, and vehicles of the Illinois Department of | ||||||
| 16 | Juvenile Justice;
| ||||||
| 17 | 7. Vehicles operated by a local or county emergency | ||||||
| 18 | management
services agency as defined in the Illinois | ||||||
| 19 | Emergency
Management Agency Act;
| ||||||
| 20 | 8. School buses operating alternately flashing head | ||||||
| 21 | lamps as permitted
under Section 12-805 of this Code;
| ||||||
| 22 | 9. Vehicles that are equipped and used exclusively as | ||||||
| 23 | organ transplant
vehicles when used in combination with | ||||||
| 24 | blue oscillating, rotating, or flashing
lights; | ||||||
| 25 | furthermore, these lights shall be lighted only when the | ||||||
| 26 | transportation
is declared an emergency by a member of the | ||||||
| |||||||
| |||||||
| 1 | transplant team or a representative
of the organ | ||||||
| 2 | procurement organization; and | ||||||
| 3 | 10. Vehicles of the Illinois Department of Natural | ||||||
| 4 | Resources that are used for mine rescue and explosives | ||||||
| 5 | emergency response; and . | ||||||
| 6 | 11. Vehicles of the Illinois Department of | ||||||
| 7 | Transportation identified as Emergency Traffic Patrol; the | ||||||
| 8 | . The lights shall not be lighted except when responding to | ||||||
| 9 | an emergency call or when parked or stationary while | ||||||
| 10 | engaged in motor vehicle assistance or at the scene of the | ||||||
| 11 | emergency. | ||||||
| 12 | (b) The use of amber oscillating, rotating or flashing | ||||||
| 13 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
| 14 | 1. Second division vehicles designed and used for | ||||||
| 15 | towing or hoisting
vehicles; furthermore, such lights | ||||||
| 16 | shall not be lighted except as
required in
this paragraph | ||||||
| 17 | 1; such lights shall be lighted
when such vehicles are | ||||||
| 18 | actually being
used at the scene of an accident or
| ||||||
| 19 | disablement; if the towing vehicle is equipped with a flat | ||||||
| 20 | bed that
supports all wheels of the vehicle being | ||||||
| 21 | transported, the lights shall not be
lighted while the | ||||||
| 22 | vehicle is engaged in towing on a highway; if the towing
| ||||||
| 23 | vehicle is not equipped with a flat bed that supports all | ||||||
| 24 | wheels of a vehicle
being transported, the lights shall be | ||||||
| 25 | lighted while the
towing
vehicle is engaged in towing on a | ||||||
| 26 | highway during all
times when the use
of headlights is | ||||||
| |||||||
| |||||||
| 1 | required under Section 12-201 of this Code; in addition, | ||||||
| 2 | these vehicles may use white oscillating, rotating, or | ||||||
| 3 | flashing lights in combination with amber oscillating, | ||||||
| 4 | rotating, or flashing lights as provided in this paragraph;
| ||||||
| 5 | 2. Motor vehicles or equipment of the State of | ||||||
| 6 | Illinois, local authorities
and contractors; furthermore, | ||||||
| 7 | such lights shall not be lighted except while
such vehicles | ||||||
| 8 | are engaged in maintenance or construction operations | ||||||
| 9 | within
the limits of construction projects;
| ||||||
| 10 | 3. Vehicles or equipment used by engineering or survey | ||||||
| 11 | crews;
furthermore, such lights shall not be lighted except | ||||||
| 12 | while such vehicles
are actually engaged in work on a | ||||||
| 13 | highway;
| ||||||
| 14 | 4. Vehicles of public utilities, municipalities, or | ||||||
| 15 | other
construction, maintenance or automotive service | ||||||
| 16 | vehicles except that such
lights shall be lighted only as a | ||||||
| 17 | means for indicating the presence of a
vehicular traffic | ||||||
| 18 | hazard requiring unusual care in approaching, overtaking
| ||||||
| 19 | or passing while such vehicles are engaged in maintenance, | ||||||
| 20 | service or
construction on a highway;
| ||||||
| 21 | 5. Oversized vehicle or load; however, such lights | ||||||
| 22 | shall only be lighted
when moving under permit issued by | ||||||
| 23 | the Department under Section 15-301
of this Code;
| ||||||
| 24 | 6. The front and rear of motorized equipment owned and | ||||||
| 25 | operated by the
State of Illinois or any political | ||||||
| 26 | subdivision thereof, which is designed
and used for removal | ||||||
| |||||||
| |||||||
| 1 | of snow and ice from highways;
| ||||||
| 2 | 6.1. (6.1) The front and rear of motorized equipment or | ||||||
| 3 | vehicles that (i) are not owned by the State of Illinois or | ||||||
| 4 | any political subdivision of the State, (ii) are designed | ||||||
| 5 | and used for removal of snow and ice from highways and | ||||||
| 6 | parking lots, and (iii) are equipped with a snow plow that | ||||||
| 7 | is 12 feet in width; these lights may not be lighted except | ||||||
| 8 | when the motorized equipment or vehicle is actually being | ||||||
| 9 | used for those purposes on behalf of a unit of government;
| ||||||
| 10 | 7. Fleet safety vehicles registered in another state, | ||||||
| 11 | furthermore, such
lights shall not be lighted except as | ||||||
| 12 | provided for in Section 12-212 of
this Code;
| ||||||
| 13 | 8. Such other vehicles as may be authorized by local | ||||||
| 14 | authorities;
| ||||||
| 15 | 9. Law enforcement vehicles of State or local | ||||||
| 16 | authorities when used in
combination with red oscillating, | ||||||
| 17 | rotating or flashing lights;
| ||||||
| 18 | 9.5. Propane delivery trucks;
| ||||||
| 19 | 10. Vehicles used for collecting or delivering mail for | ||||||
| 20 | the
United States Postal Service provided that such lights | ||||||
| 21 | shall not be lighted
except when such vehicles are actually | ||||||
| 22 | being used for such purposes;
| ||||||
| 23 | 10.5. Vehicles of the Office of the Illinois State Fire | ||||||
| 24 | Marshal, provided that such lights shall not be lighted | ||||||
| 25 | except for when such vehicles are engaged in work for the | ||||||
| 26 | Office of the Illinois State Fire Marshal;
| ||||||
| |||||||
| |||||||
| 1 | 11. Any vehicle displaying a slow-moving vehicle | ||||||
| 2 | emblem as
provided in Section 12-205.1;
| ||||||
| 3 | 12. All trucks equipped with self-compactors or | ||||||
| 4 | roll-off hoists and
roll-on containers for garbage or | ||||||
| 5 | refuse hauling. Such lights shall not be
lighted except | ||||||
| 6 | when such vehicles are actually being used for such | ||||||
| 7 | purposes;
| ||||||
| 8 | 13. Vehicles used by a security company, alarm | ||||||
| 9 | responder, control
agency, or the Illinois Department of | ||||||
| 10 | Corrections;
| ||||||
| 11 | 14. Security vehicles of the Department of Human | ||||||
| 12 | Services; however, the
lights shall not be lighted except | ||||||
| 13 | when being used for security related
purposes under the | ||||||
| 14 | direction of the superintendent of the facility where the
| ||||||
| 15 | vehicle is located; and
| ||||||
| 16 | 15. Vehicles of union representatives, except that the | ||||||
| 17 | lights shall be
lighted only while the vehicle is within | ||||||
| 18 | the limits of a construction
project.
| ||||||
| 19 | (c) The use of blue oscillating, rotating or flashing | ||||||
| 20 | lights, whether
lighted or unlighted, is prohibited except on:
| ||||||
| 21 | 1. Rescue squad vehicles not owned by a fire department | ||||||
| 22 | and
vehicles owned or operated by a:
| ||||||
| 23 | voluntary firefighter;
| ||||||
| 24 | paid firefighter;
| ||||||
| 25 | part-paid firefighter;
| ||||||
| 26 | call firefighter;
| ||||||
| |||||||
| |||||||
| 1 | member of the board of trustees of a fire | ||||||
| 2 | protection district;
| ||||||
| 3 | paid or unpaid member of a rescue squad;
| ||||||
| 4 | paid or unpaid member of a voluntary ambulance | ||||||
| 5 | unit; or
| ||||||
| 6 | paid or unpaid members of a local or county | ||||||
| 7 | emergency management
services agency as defined in the | ||||||
| 8 | Illinois Emergency Management Agency Act,
designated | ||||||
| 9 | or authorized by local authorities, in writing, and | ||||||
| 10 | carrying that
designation or authorization in the | ||||||
| 11 | vehicle.
| ||||||
| 12 | However, such lights are not to be lighted except when | ||||||
| 13 | responding to a
bona fide emergency or when parked or | ||||||
| 14 | stationary at the scene of a fire, rescue call, ambulance | ||||||
| 15 | call, or motor vehicle accident.
| ||||||
| 16 | Any person using these lights in accordance with this | ||||||
| 17 | subdivision (c)1 must carry on his or her person an | ||||||
| 18 | identification card or letter identifying the bona fide | ||||||
| 19 | member of a fire department, fire protection district, | ||||||
| 20 | rescue squad, ambulance unit, or emergency management | ||||||
| 21 | services agency that owns or operates that vehicle. The | ||||||
| 22 | card or letter must include: | ||||||
| 23 | (A) the name of the fire department, fire | ||||||
| 24 | protection district, rescue squad, ambulance unit, or | ||||||
| 25 | emergency management services agency; | ||||||
| 26 | (B) the member's position within the fire | ||||||
| |||||||
| |||||||
| 1 | department, fire protection district, rescue squad, | ||||||
| 2 | ambulance unit, or emergency management services | ||||||
| 3 | agency; | ||||||
| 4 | (C) the member's term of service; and | ||||||
| 5 | (D) the name of a person within the fire | ||||||
| 6 | department, fire protection district, rescue squad, | ||||||
| 7 | ambulance unit, or emergency management services | ||||||
| 8 | agency to contact to verify the information provided.
| ||||||
| 9 | 2. Police department vehicles in cities having a | ||||||
| 10 | population of 500,000
or more inhabitants.
| ||||||
| 11 | 3. Law enforcement vehicles of State or local | ||||||
| 12 | authorities when used in
combination with red oscillating, | ||||||
| 13 | rotating or flashing lights.
| ||||||
| 14 | 4. Vehicles of local fire departments and State or | ||||||
| 15 | federal
firefighting vehicles when used in combination | ||||||
| 16 | with red oscillating,
rotating or flashing lights.
| ||||||
| 17 | 5. Vehicles which are designed and used exclusively as | ||||||
| 18 | ambulances or
rescue vehicles when used in combination with | ||||||
| 19 | red oscillating, rotating or
flashing lights; furthermore, | ||||||
| 20 | such lights shall not be lighted except when
responding to | ||||||
| 21 | an emergency call.
| ||||||
| 22 | 6. Vehicles that are equipped and used exclusively as | ||||||
| 23 | organ transport
vehicles when used in combination with red | ||||||
| 24 | oscillating, rotating, or flashing
lights; furthermore, | ||||||
| 25 | these lights shall only be lighted when the transportation
| ||||||
| 26 | is declared an emergency by a member of the transplant team | ||||||
| |||||||
| |||||||
| 1 | or a
representative of the organ procurement organization.
| ||||||
| 2 | 7. Vehicles of the Illinois Emergency Management | ||||||
| 3 | Agency, vehicles of the Office of the Illinois State Fire | ||||||
| 4 | Marshal, vehicles of the Illinois Department of Public | ||||||
| 5 | Health, vehicles of
the
Illinois Department of | ||||||
| 6 | Corrections, and vehicles of the Illinois Department of | ||||||
| 7 | Juvenile Justice, when used in combination with red | ||||||
| 8 | oscillating,
rotating, or flashing lights.
| ||||||
| 9 | 8. Vehicles operated by a local or county emergency | ||||||
| 10 | management
services agency as defined in the Illinois | ||||||
| 11 | Emergency Management Agency
Act, when used in combination | ||||||
| 12 | with red oscillating, rotating, or
flashing lights.
| ||||||
| 13 | 9. Vehicles of the Illinois Department of Natural | ||||||
| 14 | Resources that are used for mine rescue and explosives | ||||||
| 15 | emergency response, when used in combination with red | ||||||
| 16 | oscillating,
rotating, or flashing lights. | ||||||
| 17 | (c-1) In addition to the blue oscillating, rotating, or | ||||||
| 18 | flashing
lights permitted under subsection (c), and | ||||||
| 19 | notwithstanding subsection
(a), a vehicle operated by a | ||||||
| 20 | voluntary firefighter, a voluntary member
of a rescue squad, or | ||||||
| 21 | a member of a voluntary ambulance unit may be
equipped with | ||||||
| 22 | flashing white headlights and blue grill lights, which may
be | ||||||
| 23 | used only in responding to an emergency call or when parked or | ||||||
| 24 | stationary at the scene of a fire, rescue call, ambulance call, | ||||||
| 25 | or motor vehicle accident.
| ||||||
| 26 | (c-2) In addition to the blue oscillating, rotating, or | ||||||
| |||||||
| |||||||
| 1 | flashing
lights permitted under subsection (c), and | ||||||
| 2 | notwithstanding subsection (a),
a vehicle operated by a paid or | ||||||
| 3 | unpaid member of a local or county
emergency management | ||||||
| 4 | services agency as defined in the Illinois Emergency
Management | ||||||
| 5 | Agency Act, may be equipped with white oscillating, rotating,
| ||||||
| 6 | or flashing lights to be used in combination with blue | ||||||
| 7 | oscillating, rotating,
or flashing lights, if authorization by | ||||||
| 8 | local authorities is in
writing and carried in the vehicle.
| ||||||
| 9 | (d) The use of a combination of amber and white | ||||||
| 10 | oscillating, rotating or
flashing lights, whether lighted or | ||||||
| 11 | unlighted, is prohibited except on second division vehicles | ||||||
| 12 | designed and used for towing or hoisting
vehicles or motor
| ||||||
| 13 | vehicles or equipment of the State of Illinois, local | ||||||
| 14 | authorities, contractors,
and union representatives; | ||||||
| 15 | furthermore, such lights shall
not be lighted on second | ||||||
| 16 | division vehicles designed and used for towing or hoisting
| ||||||
| 17 | vehicles or vehicles of the State of Illinois, local | ||||||
| 18 | authorities, and
contractors except while such vehicles are | ||||||
| 19 | engaged in a tow operation, highway maintenance, or
| ||||||
| 20 | construction operations within the limits of highway | ||||||
| 21 | construction projects, and
shall not be lighted on the vehicles | ||||||
| 22 | of union representatives except when those
vehicles are within | ||||||
| 23 | the limits of a construction project.
| ||||||
| 24 | (e) All oscillating, rotating or flashing lights referred | ||||||
| 25 | to in this Section
shall be of sufficient intensity, when | ||||||
| 26 | illuminated, to be visible at 500
feet in normal sunlight.
| ||||||
| |||||||
| |||||||
| 1 | (f) Nothing in this Section shall prohibit a manufacturer | ||||||
| 2 | of oscillating,
rotating or flashing lights or his | ||||||
| 3 | representative or authorized vendor from temporarily mounting
| ||||||
| 4 | such lights on a vehicle for demonstration purposes only. If | ||||||
| 5 | the lights are not covered while the vehicle is operated upon a | ||||||
| 6 | highway, the vehicle shall display signage indicating that the | ||||||
| 7 | vehicle is out of service or not an emergency vehicle. The | ||||||
| 8 | signage shall be displayed on all sides of the vehicle in | ||||||
| 9 | letters at least 2 inches tall and one-half inch wide. A | ||||||
| 10 | vehicle authorized to have oscillating,
rotating, or flashing | ||||||
| 11 | lights mounted for demonstration purposes may not activate the | ||||||
| 12 | lights while the vehicle is operated upon a highway.
| ||||||
| 13 | (g) Any person violating the provisions of subsections (a), | ||||||
| 14 | (b), (c) or (d)
of this Section who without lawful authority | ||||||
| 15 | stops or detains or attempts
to stop or detain another person | ||||||
| 16 | shall be guilty of a Class 2 felony.
| ||||||
| 17 | (h) Except as provided in subsection (g) above, any person | ||||||
| 18 | violating the
provisions of subsections (a) or (c) of this | ||||||
| 19 | Section shall be guilty of a
Class A misdemeanor.
| ||||||
| 20 | (Source: P.A. 97-39, eff. 1-1-12; 97-149, eff. 7-14-11; 97-813, | ||||||
| 21 | eff. 7-13-12; 97-1173, eff. 1-1-14; 98-80, eff. 7-15-13; | ||||||
| 22 | 98-123, eff. 1-1-14; 98-468, eff. 8-16-13; revised 10-17-13.)
| ||||||
| 23 | (625 ILCS 5/12-610.2) | ||||||
| 24 | Sec. 12-610.2. Electronic communication devices. | ||||||
| 25 | (a) As used in this Section: | ||||||
| |||||||
| |||||||
| 1 | "Electronic communication device" means an electronic | ||||||
| 2 | device, including but not limited to a hand-held wireless | ||||||
| 3 | telephone, hand-held personal digital assistant, or a portable | ||||||
| 4 | or mobile computer, but does not include a global positioning | ||||||
| 5 | system or navigation system or a device that is physically or | ||||||
| 6 | electronically integrated into the motor vehicle. | ||||||
| 7 | (b) A person may not operate a motor vehicle on a roadway | ||||||
| 8 | while using an electronic communication device. | ||||||
| 9 | (b-5) A person commits aggravated use of an electronic | ||||||
| 10 | communication device when he or she violates subsection (b) and | ||||||
| 11 | in committing the violation he or she was involved in a motor | ||||||
| 12 | vehicle accident that results in great bodily harm, permanent | ||||||
| 13 | disability, disfigurement, or death to another and the | ||||||
| 14 | violation was a proximate cause of the injury or death. | ||||||
| 15 | (c) A second or subsequent violation of this Section is an | ||||||
| 16 | offense against traffic regulations governing the movement of | ||||||
| 17 | vehicles. A person who violates this Section shall be fined a | ||||||
| 18 | maximum of $75 for a first offense, $100 for a second offense, | ||||||
| 19 | $125 for a third offense, and $150 for a fourth or subsequent | ||||||
| 20 | offense. | ||||||
| 21 | (d) This Section does not apply to: | ||||||
| 22 | (1) a law enforcement officer or operator of an | ||||||
| 23 | emergency vehicle while performing his or her official | ||||||
| 24 | duties; | ||||||
| 25 | (2) a driver using an electronic communication device | ||||||
| 26 | for the sole purpose of reporting an emergency situation | ||||||
| |||||||
| |||||||
| 1 | and continued communication with emergency personnel | ||||||
| 2 | during the emergency situation; | ||||||
| 3 | (3) a driver using an electronic communication device | ||||||
| 4 | in hands-free or voice-operated mode, which may include the | ||||||
| 5 | use of a headset; | ||||||
| 6 | (4) a driver of a commercial motor vehicle reading a | ||||||
| 7 | message displayed on a permanently installed communication | ||||||
| 8 | device designed for a commercial motor vehicle with a | ||||||
| 9 | screen that does not exceed 10 inches tall by 10 inches | ||||||
| 10 | wide in size; | ||||||
| 11 | (5) a driver using an electronic communication device | ||||||
| 12 | while parked on the shoulder of a roadway; | ||||||
| 13 | (6) a driver using an electronic communication device | ||||||
| 14 | when the vehicle is stopped due to normal traffic being | ||||||
| 15 | obstructed and the driver has the motor vehicle | ||||||
| 16 | transmission in neutral or park;
| ||||||
| 17 | (7) a driver using two-way or citizens band radio | ||||||
| 18 | services; | ||||||
| 19 | (8) a driver using two-way mobile radio transmitters or | ||||||
| 20 | receivers for licensees of the Federal Communications | ||||||
| 21 | Commission in the amateur radio service; | ||||||
| 22 | (9) a driver using an electronic communication device | ||||||
| 23 | by pressing a single button to initiate or terminate a | ||||||
| 24 | voice communication; or | ||||||
| 25 | (10) a driver using an electronic communication device | ||||||
| 26 | capable of performing multiple functions, other than a | ||||||
| |||||||
| |||||||
| 1 | hand-held wireless telephone or hand-held personal digital | ||||||
| 2 | assistant (for example, a fleet management system, | ||||||
| 3 | dispatching device, citizens band radio, or music player) | ||||||
| 4 | for a purpose that is not otherwise prohibited by this | ||||||
| 5 | Section. | ||||||
| 6 | (e) A person convicted of violating subsection (b-5) | ||||||
| 7 | commits a Class A misdemeanor if the violation resulted in | ||||||
| 8 | great bodily harm, permanent disability, or disfigurement to | ||||||
| 9 | another. A person convicted of violating subsection (b-5) | ||||||
| 10 | commits a Class 4 felony if the violation resulted in the death | ||||||
| 11 | of another person. | ||||||
| 12 | (Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14; | ||||||
| 13 | 98-507, eff. 1-1-14; revised 9-19-13.)
| ||||||
| 14 | (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
| ||||||
| 15 | Sec. 15-111. Wheel and axle loads and gross weights.
| ||||||
| 16 | (a) No vehicle or combination of vehicles
with pneumatic | ||||||
| 17 | tires may be operated, unladen or with load,
when the total | ||||||
| 18 | weight on the road surface
exceeds the following: 20,000 pounds | ||||||
| 19 | on a single axle; 34,000 pounds on a tandem axle with
no axle | ||||||
| 20 | within the tandem exceeding 20,000 pounds; 80,000
pounds gross | ||||||
| 21 | weight for vehicle combinations of 5 or more axles;
or a total | ||||||
| 22 | weight on a group of 2 or more consecutive axles in excess of | ||||||
| 23 | that
weight produced by the application of the following | ||||||
| 24 | formula: W = 500 times the
sum of (LN divided by N-1) + 12N + | ||||||
| 25 | 36, where "W" equals overall total weight on
any group of 2 or | ||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | more consecutive axles to the nearest 500 pounds, "L" equals
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | the
distance measured to the nearest foot between extremes of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | any group of 2 or
more consecutive axles, and "N" equals the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | number of axles in the group under
consideration.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | The above formula when expressed in tabular form results in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | allowable loads
as follows:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | Distance measured
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | to the nearest
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | foot between the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | extremes of any Maximum weight in pounds
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | group of 2 or of any group of
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | more consecutive 2 or more consecutive axles
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | axles
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 18 | *If the distance between 2 axles is 96 inches or less, the 2 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 19 | axles are
tandem axles and the maximum total weight may not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 20 | exceed 34,000 pounds,
notwithstanding the higher limit | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 21 | resulting from the application of the formula.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 22 | Vehicles not in a combination having more than 4 axles may | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | not exceed the
weight in the table in this subsection (a) for 4 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | axles measured between the
extreme axles of the
vehicle.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | Vehicles in a combination having more than 6 axles may not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | exceed the weight
in the table in this subsection (a) for 6 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | axles measured between the extreme
axles of the
combination.
| ||||||
| 2 | Local authorities, with respect
to streets and highways | ||||||
| 3 | under their jurisdiction, without additional
fees, may also by | ||||||
| 4 | ordinance or resolution allow the weight limitations of this
| ||||||
| 5 | subsection, provided the maximum gross weight on any one axle | ||||||
| 6 | shall not exceed
20,000 pounds and the maximum total weight on | ||||||
| 7 | any tandem axle
shall not exceed
34,000 pounds, on designated | ||||||
| 8 | highways when appropriate regulatory signs giving
notice are | ||||||
| 9 | erected upon the street or highway or portion of any street or
| ||||||
| 10 | highway affected by the ordinance or resolution.
| ||||||
| 11 | The following are exceptions to the above formula:
| ||||||
| 12 | (1) Vehicles for which a different limit is established | ||||||
| 13 | and posted in
accordance with Section 15-316 of this Code.
| ||||||
| 14 | (2) Vehicles for which the Department of | ||||||
| 15 | Transportation and local
authorities issue overweight
| ||||||
| 16 | permits under authority of Section 15-301 of this Code. | ||||||
| 17 | These vehicles are
not subject
to the bridge formula.
| ||||||
| 18 | (3) Cities having a population of more than 50,000 may | ||||||
| 19 | permit by
ordinance axle loads on 2 axle motor vehicles 33 | ||||||
| 20 | 1/2% above those
provided for herein, but the increase | ||||||
| 21 | shall not become effective until the
city has officially | ||||||
| 22 | notified the Department of the passage of the
ordinance and | ||||||
| 23 | shall not apply to those vehicles when outside of the | ||||||
| 24 | limits
of the city, nor shall the gross weight of any 2 | ||||||
| 25 | axle motor vehicle
operating over any street of the city | ||||||
| 26 | exceed 40,000 pounds.
| ||||||
| |||||||
| |||||||
| 1 | (4) Weight limitations shall not apply to vehicles | ||||||
| 2 | (including loads)
operated by a public utility when | ||||||
| 3 | transporting equipment required for
emergency repair of | ||||||
| 4 | public utility facilities or properties or water wells.
| ||||||
| 5 | (5) Two consecutive sets of tandem axles may carry a | ||||||
| 6 | total weight of
34,000
pounds each if the overall distance | ||||||
| 7 | between the first and last axles of the
consecutive sets of | ||||||
| 8 | tandem axles is 36 feet or more, notwithstanding the lower | ||||||
| 9 | limit resulting from the application of the above formula.
| ||||||
| 10 | (6) A truck, not in combination and used exclusively | ||||||
| 11 | for the collection of
rendering materials,
may, when laden, | ||||||
| 12 | transmit upon the road surface,
except when on part of the | ||||||
| 13 | National System of Interstate and Defense
Highways, the
| ||||||
| 14 | following maximum weights:
22,000 pounds on a single axle; | ||||||
| 15 | 40,000 pounds on a tandem axle.
| ||||||
| 16 | (7) A truck not in combination, equipped with a self | ||||||
| 17 | compactor or an
industrial roll-off hoist and roll-off | ||||||
| 18 | container, used exclusively for garbage,
refuse, or | ||||||
| 19 | recycling operations, may, when laden, transmit upon the | ||||||
| 20 | road surface,
except when on part of the National System of | ||||||
| 21 | Interstate and Defense
Highways, the following maximum | ||||||
| 22 | weights: 22,000 pounds on a
single axle; 40,000 pounds on a | ||||||
| 23 | tandem axle; 40,000 pounds gross weight on a
2-axle | ||||||
| 24 | vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
| ||||||
| 25 | This vehicle is not subject to the bridge formula.
| ||||||
| 26 | (7.5) A 3-axle rear discharge truck mixer registered as | ||||||
| |||||||
| |||||||
| 1 | a Special Hauling Vehicle, used exclusively for the mixing | ||||||
| 2 | and transportation of concrete in the plastic state, may, | ||||||
| 3 | when laden, transmit upon the road surface, except when on | ||||||
| 4 | part of the National System of Interstate and Defense | ||||||
| 5 | Highways, the following maximum weights: 22,000 pounds on | ||||||
| 6 | single axle; 40,000 pounds on a tandem axle; 54,000 pounds | ||||||
| 7 | gross weight on a 3-axle vehicle. This vehicle is not | ||||||
| 8 | subject to the bridge formula. | ||||||
| 9 | (8) Except as provided in paragraph (7.5) of this | ||||||
| 10 | subsection (a), tandem axles on a 3-axle truck registered | ||||||
| 11 | as a Special Hauling
Vehicle, manufactured prior to or in | ||||||
| 12 | the model year of 2024 and
first
registered in Illinois | ||||||
| 13 | prior to January 1, 2025, with a distance
greater than
72 | ||||||
| 14 | inches but not more than 96 inches between any series of 2 | ||||||
| 15 | axles, is
allowed a combined weight on the series not to | ||||||
| 16 | exceed 36,000 pounds and neither
axle of the series may | ||||||
| 17 | exceed 20,000 pounds. Any vehicle of this type
manufactured
| ||||||
| 18 | after the model year of 2024 or first registered in | ||||||
| 19 | Illinois after
December 31,
2024 may not exceed a combined | ||||||
| 20 | weight of 34,000 pounds through the
series of
2 axles and | ||||||
| 21 | neither axle of the series may exceed 20,000 pounds. | ||||||
| 22 | A 3-axle combination sewer cleaning jetting vacuum | ||||||
| 23 | truck registered as a Special Hauling
Vehicle, used | ||||||
| 24 | exclusively for the transportation of
non-hazardous solid | ||||||
| 25 | waste, manufactured before or in the
model year of 2014, | ||||||
| 26 | first registered in Illinois before
January 1, 2015, may, | ||||||
| |||||||
| |||||||
| 1 | when laden, transmit upon the road
surface, except when on | ||||||
| 2 | part of the National System of
Interstate and Defense | ||||||
| 3 | Highways, the following maximum
weights: 22,000 pounds on a | ||||||
| 4 | single axle; 40,000 pounds on a
tandem axle; 54,000 pounds | ||||||
| 5 | gross weight on a 3-axle
vehicle. This vehicle is not | ||||||
| 6 | subject to the bridge formula. | ||||||
| 7 | (9) A 4-axle truck mixer registered as a Special | ||||||
| 8 | Hauling Vehicle, used exclusively for the mixing and | ||||||
| 9 | transportation of concrete in the plastic state, 2024 2025 | ||||||
| 10 | and not operated on a highway that is part of the National | ||||||
| 11 | System of Interstate Highways, is allowed the following | ||||||
| 12 | maximum weights: 20,000 pounds on any single axle; 36,000 | ||||||
| 13 | pounds on a series of axles greater than 72 inches but not | ||||||
| 14 | more than 96 inches; and 34,000 pounds on any series of 2 | ||||||
| 15 | axles greater than 40 inches but not more than 72 inches. | ||||||
| 16 | The gross weight of this vehicle may not exceed the weights | ||||||
| 17 | allowed by the bridge formula for 4 axles. The bridge | ||||||
| 18 | formula does not apply to any series of 3 axles while the | ||||||
| 19 | vehicle is transporting concrete in the plastic state, but | ||||||
| 20 | no axle or tandem axle of the series may exceed the maximum | ||||||
| 21 | weight permitted under this paragraph (9) of subsection | ||||||
| 22 | (a). | ||||||
| 23 | (10) Combinations of vehicles, registered as Special | ||||||
| 24 | Hauling Vehicles that
include a semitrailer manufactured | ||||||
| 25 | prior to or in the model year of 2024, and
registered in | ||||||
| 26 | Illinois prior to January 1, 2025, having 5 axles
with a
| ||||||
| |||||||
| |||||||
| 1 | distance of 42 feet or less between extreme axles, may not | ||||||
| 2 | exceed the
following maximum weights: 20,000 pounds on a | ||||||
| 3 | single axle; 34,000 pounds on a
tandem axle; and 72,000 | ||||||
| 4 | pounds gross weight. This combination of vehicles is
not | ||||||
| 5 | subject
to the bridge formula. For all those combinations | ||||||
| 6 | of vehicles that include a
semitrailer manufactured after | ||||||
| 7 | the effective date of P.A. 92-0417, the overall distance | ||||||
| 8 | between the first and last
axles of the 2 sets of
tandems | ||||||
| 9 | must be 18 feet 6 inches or
more. Any combination of | ||||||
| 10 | vehicles that has had its cargo
container replaced in its | ||||||
| 11 | entirety after December 31, 2024 may not
exceed
the weights | ||||||
| 12 | allowed by the bridge formula. | ||||||
| 13 | (11) The maximum weight allowed on a vehicle with | ||||||
| 14 | crawler type tracks is 40,000 pounds. | ||||||
| 15 | (12) A combination of vehicles, including a tow truck | ||||||
| 16 | and a disabled vehicle
or disabled combination of vehicles, | ||||||
| 17 | that exceeds the weight restriction
imposed by this Code, | ||||||
| 18 | may be operated on a public highway in this State
provided | ||||||
| 19 | that neither the disabled vehicle nor any vehicle being | ||||||
| 20 | towed nor
the tow truck itself shall exceed the weight | ||||||
| 21 | limitations permitted
under this Chapter. During the | ||||||
| 22 | towing operation, neither the tow truck nor
the vehicle | ||||||
| 23 | combination shall exceed
24,000 pounds on a single
rear | ||||||
| 24 | axle and
44,000 pounds on a tandem rear axle, provided the | ||||||
| 25 | towing vehicle: | ||||||
| 26 | (i) is specifically designed as a tow truck having | ||||||
| |||||||
| |||||||
| 1 | a gross vehicle
weight
rating of at least 18,000 pounds | ||||||
| 2 | and is equipped with air brakes, provided that
air
| ||||||
| 3 | brakes are required only if the towing vehicle is | ||||||
| 4 | towing a vehicle,
semitrailer, or tractor-trailer | ||||||
| 5 | combination that is equipped with air brakes; | ||||||
| 6 | (ii) is equipped with flashing, rotating, or | ||||||
| 7 | oscillating amber lights,
visible for at least 500 feet | ||||||
| 8 | in all directions; | ||||||
| 9 | (iii) is capable of utilizing the lighting and | ||||||
| 10 | braking systems of the
disabled vehicle or combination | ||||||
| 11 | of vehicles; and | ||||||
| 12 | (iv) does not engage in a tow exceeding 20 miles | ||||||
| 13 | from the initial point of
wreck or disablement. Any | ||||||
| 14 | additional movement of the vehicles may occur only
upon | ||||||
| 15 | issuance of authorization for that movement under the | ||||||
| 16 | provisions of
Sections 15-301 through 15-319 of this | ||||||
| 17 | Code. The towing vehicle, however,
may tow any disabled | ||||||
| 18 | vehicle to a point where repairs are actually to
occur. | ||||||
| 19 | This movement shall be valid only on State routes.
The | ||||||
| 20 | tower must abide by posted bridge weight
limits. | ||||||
| 21 | Gross weight limits shall not apply to the combination of | ||||||
| 22 | the tow truck
and vehicles being towed. The tow truck license | ||||||
| 23 | plate must cover the
operating empty weight of the tow truck | ||||||
| 24 | only. The weight
of each vehicle being towed shall be covered | ||||||
| 25 | by a valid license plate issued to
the owner or operator of the | ||||||
| 26 | vehicle being towed and displayed on that vehicle.
If no valid | ||||||
| |||||||
| |||||||
| 1 | plate issued to the owner or operator of that vehicle is | ||||||
| 2 | displayed
on that vehicle, or the plate displayed on that | ||||||
| 3 | vehicle does not cover the
weight of the vehicle, the weight of | ||||||
| 4 | the vehicle shall be covered by
the third tow truck plate | ||||||
| 5 | issued to the owner or operator of the tow truck and
| ||||||
| 6 | temporarily affixed to the vehicle being towed. If a roll-back | ||||||
| 7 | carrier is registered and being used as a tow truck, however, | ||||||
| 8 | the license plate or plates for the tow truck must cover the | ||||||
| 9 | gross vehicle weight, including any load carried on the bed of | ||||||
| 10 | the roll-back carrier. | ||||||
| 11 | The Department may by rule or regulation prescribe | ||||||
| 12 | additional requirements.
However, nothing in this Code shall | ||||||
| 13 | prohibit a tow truck under
instructions of a police officer | ||||||
| 14 | from legally clearing a disabled vehicle,
that may be in | ||||||
| 15 | violation of weight limitations of this Chapter, from the
| ||||||
| 16 | roadway to the berm or shoulder of the highway.
If in the | ||||||
| 17 | opinion of the police officer that location is unsafe, the | ||||||
| 18 | officer
is authorized to have the disabled vehicle towed to the | ||||||
| 19 | nearest place of
safety. | ||||||
| 20 | For the purpose of this subsection, gross vehicle weight | ||||||
| 21 | rating, or
GVWR, means the value specified by the manufacturer | ||||||
| 22 | as the loaded
weight of the tow truck. | ||||||
| 23 | (b) As used in this Section, "recycling haul" or "recycling | ||||||
| 24 | operation" means the hauling of non-hazardous, non-special, | ||||||
| 25 | non-putrescible materials, such as paper, glass, cans, or | ||||||
| 26 | plastic, for subsequent use in the secondary materials market. | ||||||
| |||||||
| |||||||
| 1 | (c) No vehicle or combination of vehicles equipped with | ||||||
| 2 | pneumatic tires
shall be operated, unladen or with load, upon | ||||||
| 3 | the highways of this State in
violation of the provisions of | ||||||
| 4 | any permit issued under the provisions of
Sections 15-301 | ||||||
| 5 | through 15-319 of this Chapter. | ||||||
| 6 | (d) No vehicle or combination of vehicles equipped with | ||||||
| 7 | other than pneumatic
tires may be operated, unladen or with | ||||||
| 8 | load, upon the highways of this State
when the gross weight on | ||||||
| 9 | the road surface through any wheel exceeds 800
pounds per inch | ||||||
| 10 | width of tire tread or when the gross weight on the road
| ||||||
| 11 | surface through any axle exceeds 16,000 pounds.
| ||||||
| 12 | (e) No person shall operate a vehicle or combination of | ||||||
| 13 | vehicles over
a bridge or other elevated structure constituting | ||||||
| 14 | part of a highway with a
gross weight that is greater than the | ||||||
| 15 | maximum weight permitted by the
Department, when the structure | ||||||
| 16 | is sign posted as provided in this Section. | ||||||
| 17 | (f) The Department upon request from any local authority | ||||||
| 18 | shall, or upon
its own initiative may, conduct an investigation | ||||||
| 19 | of any bridge or other
elevated structure constituting a part | ||||||
| 20 | of a highway, and if it finds that
the structure cannot with | ||||||
| 21 | safety to itself withstand the weight of vehicles
otherwise | ||||||
| 22 | permissible under this Code the Department shall determine and
| ||||||
| 23 | declare the maximum weight of vehicles that the structures can | ||||||
| 24 | withstand,
and shall cause or permit suitable signs stating | ||||||
| 25 | maximum weight to be
erected and maintained before each end of | ||||||
| 26 | the structure. No person shall
operate a vehicle or combination | ||||||
| |||||||
| |||||||
| 1 | of vehicles over any structure with a
gross weight that is | ||||||
| 2 | greater than the posted maximum weight.
| ||||||
| 3 | (g) Upon the trial of any person charged with a violation | ||||||
| 4 | of subsection
(e) or (f) of this Section, proof of the | ||||||
| 5 | determination of the maximum
allowable weight by the Department | ||||||
| 6 | and the existence of the signs,
constitutes conclusive evidence | ||||||
| 7 | of the maximum weight that can be
maintained with safety to the | ||||||
| 8 | bridge or structure.
| ||||||
| 9 | (Source: P.A. 97-201, eff. 1-1-12; 98-409, eff. 1-1-14; 98-410, | ||||||
| 10 | eff. 8-16-13; revised 9-19-13.)
| ||||||
| 11 | Section 680. The Snowmobile Registration and Safety Act is | ||||||
| 12 | amended by changing Section 1-2.06 as follows:
| ||||||
| 13 | (625 ILCS 40/1-2.06) (from Ch. 95 1/2, par. 601-2.06)
| ||||||
| 14 | Sec. 1-2.06.
"Intoxicating Beverage" means any beverage | ||||||
| 15 | enumerated in the "Liquor
Control Act of 1934".
| ||||||
| 16 | (Source: P.A. 78-856; revised 9-23-13.)
| ||||||
| 17 | Section 685. The Circuit Courts Act is amended by changing | ||||||
| 18 | Section 1 as follows:
| ||||||
| 19 | (705 ILCS 35/1) (from Ch. 37, par. 72.1)
| ||||||
| 20 | Sec. 1. Judicial circuits created. The county of Cook shall | ||||||
| 21 | be one
judicial circuit and the State of
Illinois, exclusive of | ||||||
| 22 | the county of Cook, shall be and is divided into
judicial | ||||||
| |||||||
| |||||||
| 1 | circuits as follows:
| ||||||
| 2 | First Circuit--The counties of Alexander, Pulaski, Massac, | ||||||
| 3 | Pope,
Johnson, Union, Jackson, Williamson and Saline.
| ||||||
| 4 | Second Circuit--The counties of Hardin, Gallatin, White, | ||||||
| 5 | Hamilton,
Franklin, Wabash, Edwards, Wayne, Jefferson, | ||||||
| 6 | Richland, Lawrence and
Crawford.
| ||||||
| 7 | Third Circuit--The counties of Madison and Bond.
| ||||||
| 8 | Fourth Circuit--The counties of Clinton, Marion, Clay, | ||||||
| 9 | Fayette,
Effingham, Jasper, Montgomery, Shelby and Christian.
| ||||||
| 10 | Fifth Circuit--The counties of Vermilion, Edgar, Clark, | ||||||
| 11 | Cumberland and
Coles.
| ||||||
| 12 | Sixth Circuit--The counties of Champaign, Douglas, | ||||||
| 13 | Moultrie, Macon,
DeWitt and Piatt.
| ||||||
| 14 | Seventh Circuit--The counties of Sangamon, Macoupin, | ||||||
| 15 | Morgan, Scott,
Greene and Jersey.
| ||||||
| 16 | Eighth Circuit--The counties of Adams, Schuyler, Mason, | ||||||
| 17 | Cass, Brown,
Pike, Calhoun and Menard.
| ||||||
| 18 | Ninth Circuit--The counties of Knox, Warren, Henderson, | ||||||
| 19 | Hancock,
McDonough and Fulton.
| ||||||
| 20 | Tenth Circuit--The counties of Peoria, Marshall, Putnam, | ||||||
| 21 | Stark and
Tazewell.
| ||||||
| 22 | Eleventh Circuit--The counties of McLean,
Livingston, | ||||||
| 23 | Logan, Ford and
Woodford.
| ||||||
| 24 | Twelfth Circuit--The county of Will.
| ||||||
| 25 | Thirteenth Circuit--The counties of Bureau, LaSalle and | ||||||
| 26 | Grundy.
| ||||||
| |||||||
| |||||||
| 1 | Fourteenth Circuit--The counties of Rock Island, Mercer, | ||||||
| 2 | Whiteside and
Henry.
| ||||||
| 3 | Fifteenth Circuit--The counties of Jo Daviess JoDaviess, | ||||||
| 4 | Stephenson, Carroll, Ogle
and Lee.
| ||||||
| 5 | Sixteenth Circuit--Before December 3, 2012, the counties | ||||||
| 6 | of Kane, DeKalb, and Kendall. On and after December 3, 2012, | ||||||
| 7 | the County of Kane.
| ||||||
| 8 | Seventeenth Circuit--The counties of Winnebago and Boone.
| ||||||
| 9 | Eighteenth Circuit--The county of DuPage.
| ||||||
| 10 | Nineteenth Circuit--Before December 4, 2006, the counties | ||||||
| 11 | of Lake and
McHenry. On and after December 4, 2006, the County | ||||||
| 12 | of Lake.
| ||||||
| 13 | Twentieth Circuit--The counties of Randolph, Monroe, St. | ||||||
| 14 | Clair,
Washington and Perry.
| ||||||
| 15 | Twenty-first Circuit--The counties of Iroquois and | ||||||
| 16 | Kankakee.
| ||||||
| 17 | Twenty-second Circuit--On and after December 4, 2006, the | ||||||
| 18 | County of
McHenry.
| ||||||
| 19 | Twenty-third Circuit--On and after December 3, 2012, the | ||||||
| 20 | counties of DeKalb and Kendall. | ||||||
| 21 | (Source: P.A. 97-585, eff. 8-26-11; revised 11-22-13.)
| ||||||
| 22 | Section 690. The Juvenile Court Act of 1987 is amended by | ||||||
| 23 | changing Sections 1-7, 1-8, 2-10, 2-28, 3-12, 4-9, 5-105, | ||||||
| 24 | 5-130, 5-401.5, 5-410, 5-901, 5-905, and 5-915 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| ||||||
| 2 | Sec. 1-7. Confidentiality of law enforcement records.
| ||||||
| 3 | (A) Inspection and copying of law enforcement records | ||||||
| 4 | maintained by law
enforcement agencies that relate to a minor | ||||||
| 5 | who has been arrested or taken
into custody before his or her | ||||||
| 6 | 18th birthday shall be restricted to the
following:
| ||||||
| 7 | (1) Any local, State or federal law enforcement | ||||||
| 8 | officers of any
jurisdiction or agency when necessary for | ||||||
| 9 | the discharge of their official
duties during the | ||||||
| 10 | investigation or prosecution of a crime or relating to a
| ||||||
| 11 | minor who has been adjudicated delinquent and there has | ||||||
| 12 | been a previous finding
that the act which constitutes the | ||||||
| 13 | previous offense was committed in
furtherance of criminal | ||||||
| 14 | activities by a criminal street gang, or, when necessary | ||||||
| 15 | for the discharge of its official duties in connection with | ||||||
| 16 | a particular investigation of the conduct of a law | ||||||
| 17 | enforcement officer, an independent agency or its staff | ||||||
| 18 | created by ordinance and charged by a unit of local | ||||||
| 19 | government with the duty of investigating the conduct of | ||||||
| 20 | law enforcement officers. For purposes of
this Section, | ||||||
| 21 | "criminal street gang" has the meaning ascribed to it in
| ||||||
| 22 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
| 23 | Prevention Act.
| ||||||
| 24 | (2) Prosecutors, probation officers, social workers, | ||||||
| 25 | or other
individuals assigned by the court to conduct a | ||||||
| 26 | pre-adjudication or
pre-disposition investigation, and | ||||||
| |||||||
| |||||||
| 1 | individuals responsible for supervising
or providing | ||||||
| 2 | temporary or permanent care and custody for minors pursuant | ||||||
| 3 | to
the order of the juvenile court, when essential to | ||||||
| 4 | performing their
responsibilities.
| ||||||
| 5 | (3) Prosecutors and probation officers:
| ||||||
| 6 | (a) in the course of a trial when institution of | ||||||
| 7 | criminal proceedings
has been permitted or required | ||||||
| 8 | under Section 5-805; or
| ||||||
| 9 | (b) when institution of criminal proceedings has | ||||||
| 10 | been permitted or required under Section 5-805 and such | ||||||
| 11 | minor is the
subject
of a proceeding to determine the | ||||||
| 12 | amount of bail; or
| ||||||
| 13 | (c) when criminal proceedings have been permitted
| ||||||
| 14 | or
required under Section 5-805 and such minor is the | ||||||
| 15 | subject of a
pre-trial
investigation, pre-sentence | ||||||
| 16 | investigation, fitness hearing, or proceedings
on an | ||||||
| 17 | application for probation.
| ||||||
| 18 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
| 19 | (5) Authorized military personnel.
| ||||||
| 20 | (6) Persons engaged in bona fide research, with the | ||||||
| 21 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
| 22 | the chief executive of the respective
law enforcement | ||||||
| 23 | agency; provided that publication of such research results
| ||||||
| 24 | in no disclosure of a minor's identity and protects the | ||||||
| 25 | confidentiality
of the minor's record.
| ||||||
| 26 | (7) Department of Children and Family Services child | ||||||
| |||||||
| |||||||
| 1 | protection
investigators acting in their official | ||||||
| 2 | capacity.
| ||||||
| 3 | (8) The appropriate school official only if the agency | ||||||
| 4 | or officer believes that there is an imminent threat of | ||||||
| 5 | physical harm to students, school personnel, or others who | ||||||
| 6 | are present in the school or on school grounds. | ||||||
| 7 | (A) Inspection and copying
shall be limited to law | ||||||
| 8 | enforcement records transmitted to the appropriate
| ||||||
| 9 | school official or officials whom the school has | ||||||
| 10 | determined to have a legitimate educational or safety | ||||||
| 11 | interest by a local law enforcement agency under a | ||||||
| 12 | reciprocal reporting
system established and maintained | ||||||
| 13 | between the school district and the local law
| ||||||
| 14 | enforcement agency under Section 10-20.14 of the | ||||||
| 15 | School Code concerning a minor
enrolled in a school | ||||||
| 16 | within the school district who has been arrested or | ||||||
| 17 | taken
into custody for any of the following offenses:
| ||||||
| 18 | (i) any violation of Article 24 of the Criminal | ||||||
| 19 | Code of
1961 or the Criminal Code of 2012;
| ||||||
| 20 | (ii) a violation of the Illinois Controlled | ||||||
| 21 | Substances Act;
| ||||||
| 22 | (iii) a violation of the Cannabis Control Act;
| ||||||
| 23 | (iv) a forcible felony as defined in Section | ||||||
| 24 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
| 25 | Code of 2012; | ||||||
| 26 | (v) a violation of the Methamphetamine Control | ||||||
| |||||||
| |||||||
| 1 | and Community Protection Act;
| ||||||
| 2 | (vi) a violation of Section 1-2 of the | ||||||
| 3 | Harassing and Obscene Communications Act; | ||||||
| 4 | (vii) a violation of the Hazing Act; or | ||||||
| 5 | (viii) a violation of Section 12-1, 12-2, | ||||||
| 6 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
| 7 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
| 8 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
| 9 | The information derived from the law enforcement | ||||||
| 10 | records shall be kept separate from and shall not | ||||||
| 11 | become a part of the official school record of that | ||||||
| 12 | child and shall not be a public record. The information | ||||||
| 13 | shall be used solely by the appropriate school official | ||||||
| 14 | or officials whom the school has determined to have a | ||||||
| 15 | legitimate educational or safety interest to aid in the | ||||||
| 16 | proper rehabilitation of the child and to protect the | ||||||
| 17 | safety of students and employees in the school. If the | ||||||
| 18 | designated law enforcement and school officials deem | ||||||
| 19 | it to be in the best interest of the minor, the student | ||||||
| 20 | may be referred to in-school or community based social | ||||||
| 21 | services if those services are available. | ||||||
| 22 | "Rehabilitation services" may include interventions by | ||||||
| 23 | school support personnel, evaluation for eligibility | ||||||
| 24 | for special education, referrals to community-based | ||||||
| 25 | agencies such as youth services, behavioral healthcare | ||||||
| 26 | service providers, drug and alcohol prevention or | ||||||
| |||||||
| |||||||
| 1 | treatment programs, and other interventions as deemed | ||||||
| 2 | appropriate for the student. | ||||||
| 3 | (B) Any information provided to appropriate school | ||||||
| 4 | officials whom the school has determined to have a | ||||||
| 5 | legitimate educational or safety interest by local law | ||||||
| 6 | enforcement officials about a minor who is the subject | ||||||
| 7 | of a current police investigation that is directly | ||||||
| 8 | related to school safety shall consist of oral | ||||||
| 9 | information only, and not written law enforcement | ||||||
| 10 | records, and shall be used solely by the appropriate | ||||||
| 11 | school official or officials to protect the safety of | ||||||
| 12 | students and employees in the school and aid in the | ||||||
| 13 | proper rehabilitation of the child. The information | ||||||
| 14 | derived orally from the local law enforcement | ||||||
| 15 | officials shall be kept separate from and shall not | ||||||
| 16 | become a part of the official school record of the | ||||||
| 17 | child and shall not be a public record. This limitation | ||||||
| 18 | on the use of information about a minor who is the | ||||||
| 19 | subject of a current police investigation shall in no | ||||||
| 20 | way limit the use of this information by prosecutors in | ||||||
| 21 | pursuing criminal charges arising out of the | ||||||
| 22 | information disclosed during a police investigation of | ||||||
| 23 | the minor. For purposes of this paragraph, | ||||||
| 24 | "investigation" means an official systematic inquiry | ||||||
| 25 | by a law enforcement agency into actual or suspected | ||||||
| 26 | criminal activity.
| ||||||
| |||||||
| |||||||
| 1 | (9) Mental health professionals on behalf of the | ||||||
| 2 | Illinois Department of
Corrections or the Department of | ||||||
| 3 | Human Services or prosecutors who are
evaluating, | ||||||
| 4 | prosecuting, or investigating a potential or actual | ||||||
| 5 | petition
brought
under the Sexually Violent Persons | ||||||
| 6 | Commitment Act relating to a person who is
the
subject of | ||||||
| 7 | juvenile law enforcement records or the respondent to a | ||||||
| 8 | petition
brought under the Sexually Violent Persons | ||||||
| 9 | Commitment Act who is the subject of
the
juvenile law | ||||||
| 10 | enforcement records sought.
Any records and any | ||||||
| 11 | information obtained from those records under this
| ||||||
| 12 | paragraph (9) may be used only in sexually violent persons | ||||||
| 13 | commitment
proceedings.
| ||||||
| 14 | (10) The president of a park district. Inspection and | ||||||
| 15 | copying shall be limited to law enforcement records | ||||||
| 16 | transmitted to the president of the park district by the | ||||||
| 17 | Illinois State Police under Section 8-23 of the Park | ||||||
| 18 | District Code or Section 16a-5 of the Chicago Park District | ||||||
| 19 | Act concerning a person who is seeking employment with that | ||||||
| 20 | park district and who has been adjudicated a juvenile | ||||||
| 21 | delinquent for any of the offenses listed in subsection (c) | ||||||
| 22 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
| 23 | of Section 16a-5 of the Chicago Park District Act.
| ||||||
| 24 | (B)(1) Except as provided in paragraph (2), no law | ||||||
| 25 | enforcement
officer or other person or agency may knowingly | ||||||
| 26 | transmit to the Department of
Corrections or the Department | ||||||
| |||||||
| |||||||
| 1 | of State Police or to the Federal
Bureau of Investigation | ||||||
| 2 | any fingerprint or photograph relating to a minor who
has | ||||||
| 3 | been arrested or taken into custody before his or her 18th | ||||||
| 4 | birthday,
unless the court in proceedings under this Act | ||||||
| 5 | authorizes the transmission or
enters an order under | ||||||
| 6 | Section 5-805 permitting or requiring the
institution of
| ||||||
| 7 | criminal proceedings.
| ||||||
| 8 | (2) Law enforcement officers or other persons or | ||||||
| 9 | agencies shall transmit
to the Department of State Police | ||||||
| 10 | copies of fingerprints and descriptions
of all minors who | ||||||
| 11 | have been arrested or taken into custody before their
18th | ||||||
| 12 | birthday for the offense of unlawful use of weapons under | ||||||
| 13 | Article 24 of
the Criminal Code of 1961 or the Criminal | ||||||
| 14 | Code of 2012, a Class X or Class 1 felony, a forcible | ||||||
| 15 | felony as
defined in Section 2-8 of the Criminal Code of | ||||||
| 16 | 1961 or the Criminal Code of 2012, or a Class 2 or greater
| ||||||
| 17 | felony under the Cannabis Control Act, the Illinois | ||||||
| 18 | Controlled Substances Act, the Methamphetamine Control and | ||||||
| 19 | Community Protection Act,
or Chapter 4 of the Illinois | ||||||
| 20 | Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
| 21 | Identification Act. Information reported to the Department | ||||||
| 22 | pursuant
to this Section may be maintained with records | ||||||
| 23 | that the Department files
pursuant to Section 2.1 of the | ||||||
| 24 | Criminal Identification Act. Nothing in this
Act prohibits | ||||||
| 25 | a law enforcement agency from fingerprinting a minor taken | ||||||
| 26 | into
custody or arrested before his or her 18th birthday | ||||||
| |||||||
| |||||||
| 1 | for an offense other than
those listed in this paragraph | ||||||
| 2 | (2).
| ||||||
| 3 | (C) The records of law enforcement officers, or of an | ||||||
| 4 | independent agency created by ordinance and charged by a unit | ||||||
| 5 | of local government with the duty of investigating the conduct | ||||||
| 6 | of law enforcement officers, concerning all minors under
18 | ||||||
| 7 | years of age must be maintained separate from the records of | ||||||
| 8 | arrests and
may not be open to public inspection or their | ||||||
| 9 | contents disclosed to the
public except by order of the court | ||||||
| 10 | presiding over matters pursuant to this Act or when the | ||||||
| 11 | institution of criminal
proceedings has been permitted or | ||||||
| 12 | required under Section
5-805 or such a person has been | ||||||
| 13 | convicted of a crime and is the
subject of
pre-sentence | ||||||
| 14 | investigation or proceedings on an application for probation
or | ||||||
| 15 | when provided by law. For purposes of obtaining documents | ||||||
| 16 | pursuant to this Section, a civil subpoena is not an order of | ||||||
| 17 | the court. | ||||||
| 18 | (1) In cases where the law enforcement, or independent | ||||||
| 19 | agency, records concern a pending juvenile court case, the | ||||||
| 20 | party seeking to inspect the records shall provide actual | ||||||
| 21 | notice to the attorney or guardian ad litem of the minor | ||||||
| 22 | whose records are sought. | ||||||
| 23 | (2) In cases where the records concern a juvenile court | ||||||
| 24 | case that is no longer pending, the party seeking to | ||||||
| 25 | inspect the records shall provide actual notice to the | ||||||
| 26 | minor or the minor's parent or legal guardian, and the | ||||||
| |||||||
| |||||||
| 1 | matter shall be referred to the chief judge presiding over | ||||||
| 2 | matters pursuant to this Act. | ||||||
| 3 | (3) In determining whether the records should be | ||||||
| 4 | available for inspection, the court shall consider the | ||||||
| 5 | minor's interest in confidentiality and rehabilitation | ||||||
| 6 | over the moving party's interest in obtaining the | ||||||
| 7 | information. Any records obtained in violation of this | ||||||
| 8 | subsection (C) shall not be admissible in any criminal or | ||||||
| 9 | civil proceeding, or operate to disqualify a minor from | ||||||
| 10 | subsequently holding public office or securing employment, | ||||||
| 11 | or operate as a forfeiture of any public benefit, right, | ||||||
| 12 | privilege, or right to receive any license granted by | ||||||
| 13 | public authority.
| ||||||
| 14 | (D) Nothing contained in subsection (C) of this Section | ||||||
| 15 | shall prohibit
the inspection or disclosure to victims and | ||||||
| 16 | witnesses of photographs
contained in the records of law | ||||||
| 17 | enforcement agencies when the
inspection and disclosure is | ||||||
| 18 | conducted in the presence of a law enforcement
officer for the | ||||||
| 19 | purpose of the identification or apprehension of any person
| ||||||
| 20 | subject to the provisions of this Act or for the investigation | ||||||
| 21 | or
prosecution of any crime.
| ||||||
| 22 | (E) Law enforcement officers, and personnel of an | ||||||
| 23 | independent agency created by ordinance and charged by a unit | ||||||
| 24 | of local government with the duty of investigating the conduct | ||||||
| 25 | of law enforcement officers, may not disclose the identity of | ||||||
| 26 | any minor
in releasing information to the general public as to | ||||||
| |||||||
| |||||||
| 1 | the arrest, investigation
or disposition of any case involving | ||||||
| 2 | a minor.
| ||||||
| 3 | (F) Nothing contained in this Section shall prohibit law | ||||||
| 4 | enforcement
agencies from communicating with each other by | ||||||
| 5 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
| 6 | other means the identity or other relevant
information | ||||||
| 7 | pertaining to a person under 18 years of age if there are
| ||||||
| 8 | reasonable grounds to believe that the person poses a real and | ||||||
| 9 | present danger
to the safety of the public or law enforcement | ||||||
| 10 | officers. The information
provided under this subsection (F) | ||||||
| 11 | shall remain confidential and shall not
be publicly disclosed, | ||||||
| 12 | except as otherwise allowed by law.
| ||||||
| 13 | (G) Nothing in this Section shall prohibit the right of a | ||||||
| 14 | Civil Service
Commission or appointing authority of any state, | ||||||
| 15 | county or municipality
examining the character and fitness of | ||||||
| 16 | an applicant for employment with a law
enforcement agency, | ||||||
| 17 | correctional institution, or fire department
from obtaining | ||||||
| 18 | and examining the
records of any law enforcement agency | ||||||
| 19 | relating to any record of the applicant
having been arrested or | ||||||
| 20 | taken into custody before the applicant's 18th
birthday.
| ||||||
| 21 | (H) The changes made to this Section by Public Act 98-61 | ||||||
| 22 | this amendatory Act of the 98th General Assembly apply to law | ||||||
| 23 | enforcement records of a minor who has been arrested or taken | ||||||
| 24 | into custody on or after January 1, 2014 (the effective date of | ||||||
| 25 | Public Act 98-61) this amendatory Act. | ||||||
| 26 | (Source: P.A. 97-700, eff. 6-22-12; 97-1083, eff. 8-24-12; | ||||||
| |||||||
| |||||||
| 1 | 97-1104, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-61, eff. | ||||||
| 2 | 1-1-14; revised 11-22-13.)
| ||||||
| 3 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
| 4 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
| 5 | court records.
| ||||||
| 6 | (A) Inspection and copying of juvenile court records | ||||||
| 7 | relating to a minor
who is the subject of a proceeding under | ||||||
| 8 | this Act shall be restricted to the
following:
| ||||||
| 9 | (1) The minor who is the subject of record, his | ||||||
| 10 | parents, guardian
and counsel.
| ||||||
| 11 | (2) Law enforcement officers and law enforcement | ||||||
| 12 | agencies when such
information is essential to executing an | ||||||
| 13 | arrest or search warrant or other
compulsory process, or to | ||||||
| 14 | conducting an ongoing investigation
or relating to a minor | ||||||
| 15 | who
has been adjudicated delinquent and there has been a | ||||||
| 16 | previous finding that
the act which constitutes the | ||||||
| 17 | previous offense was committed in furtherance
of criminal | ||||||
| 18 | activities by a criminal street gang.
| ||||||
| 19 | Before July 1, 1994, for the purposes of this Section, | ||||||
| 20 | "criminal street
gang" means any ongoing
organization, | ||||||
| 21 | association, or group of 3 or more persons, whether formal | ||||||
| 22 | or
informal, having as one of its primary activities the | ||||||
| 23 | commission of one or
more criminal acts and that has a | ||||||
| 24 | common name or common identifying sign,
symbol or specific | ||||||
| 25 | color apparel displayed, and whose members individually
or | ||||||
| |||||||
| |||||||
| 1 | collectively engage in or have engaged in a pattern of | ||||||
| 2 | criminal activity.
| ||||||
| 3 | Beginning July 1, 1994, for purposes of this Section, | ||||||
| 4 | "criminal street
gang" has the meaning ascribed to it in | ||||||
| 5 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
| 6 | Prevention Act.
| ||||||
| 7 | (3) Judges, hearing officers, prosecutors, probation | ||||||
| 8 | officers, social
workers or other
individuals assigned by | ||||||
| 9 | the court to conduct a pre-adjudication or
predisposition | ||||||
| 10 | investigation, and individuals responsible for supervising
| ||||||
| 11 | or providing temporary or permanent care and custody for | ||||||
| 12 | minors pursuant
to the order of the juvenile court when | ||||||
| 13 | essential to performing their
responsibilities.
| ||||||
| 14 | (4) Judges, prosecutors and probation officers:
| ||||||
| 15 | (a) in the course of a trial when institution of | ||||||
| 16 | criminal proceedings
has been permitted or required | ||||||
| 17 | under Section 5-805; or
| ||||||
| 18 | (b) when criminal proceedings have been permitted
| ||||||
| 19 | or
required under Section 5-805 and a minor is the | ||||||
| 20 | subject of a
proceeding to
determine the amount of | ||||||
| 21 | bail; or
| ||||||
| 22 | (c) when criminal proceedings have been permitted
| ||||||
| 23 | or
required under Section 5-805 and a minor is the | ||||||
| 24 | subject of a
pre-trial
investigation, pre-sentence | ||||||
| 25 | investigation or fitness hearing, or
proceedings on an | ||||||
| 26 | application for probation; or
| ||||||
| |||||||
| |||||||
| 1 | (d) when a minor becomes 18 years of age or older, | ||||||
| 2 | and is the subject
of criminal proceedings, including a | ||||||
| 3 | hearing to determine the amount of
bail, a pre-trial | ||||||
| 4 | investigation, a pre-sentence investigation, a fitness
| ||||||
| 5 | hearing, or proceedings on an application for | ||||||
| 6 | probation.
| ||||||
| 7 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
| 8 | (6) Authorized military personnel.
| ||||||
| 9 | (7) Victims, their subrogees and legal | ||||||
| 10 | representatives; however, such
persons shall have access | ||||||
| 11 | only to the name and address of the minor and
information | ||||||
| 12 | pertaining to the disposition or alternative adjustment | ||||||
| 13 | plan
of the juvenile court.
| ||||||
| 14 | (8) Persons engaged in bona fide research, with the | ||||||
| 15 | permission of the
presiding judge of the juvenile court and | ||||||
| 16 | the chief executive of the agency
that prepared the | ||||||
| 17 | particular records; provided that publication of such
| ||||||
| 18 | research results in no disclosure of a minor's identity and | ||||||
| 19 | protects the
confidentiality of the record.
| ||||||
| 20 | (9) The Secretary of State to whom the Clerk of the | ||||||
| 21 | Court shall report
the disposition of all cases, as | ||||||
| 22 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
| 23 | However, information reported relative to these offenses | ||||||
| 24 | shall
be privileged and available only to the Secretary of | ||||||
| 25 | State, courts, and police
officers.
| ||||||
| 26 | (10) The administrator of a bonafide substance abuse | ||||||
| |||||||
| |||||||
| 1 | student
assistance program with the permission of the | ||||||
| 2 | presiding judge of the
juvenile court.
| ||||||
| 3 | (11) Mental health professionals on behalf of the | ||||||
| 4 | Illinois Department of
Corrections or the Department of | ||||||
| 5 | Human Services or prosecutors who are
evaluating, | ||||||
| 6 | prosecuting, or investigating a potential or actual | ||||||
| 7 | petition
brought
under the Sexually Violent Persons | ||||||
| 8 | Commitment Act relating to a person who is the
subject of
| ||||||
| 9 | juvenile court records or the respondent to a petition | ||||||
| 10 | brought under
the
Sexually Violent Persons Commitment Act, | ||||||
| 11 | who is the subject of juvenile
court records
sought. Any | ||||||
| 12 | records and any information obtained from those records | ||||||
| 13 | under this
paragraph (11) may be used only in sexually | ||||||
| 14 | violent persons commitment
proceedings.
| ||||||
| 15 | (A-1) Findings and exclusions of paternity entered in | ||||||
| 16 | proceedings occurring under Article II of this Act shall be | ||||||
| 17 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
| 18 | of the Juvenile Court, to the Department of Healthcare and | ||||||
| 19 | Family Services when necessary to discharge the duties of the | ||||||
| 20 | Department of Healthcare and Family Services under Article X of | ||||||
| 21 | the Illinois Public Aid Code. | ||||||
| 22 | (B) A minor who is the victim in a juvenile proceeding | ||||||
| 23 | shall be
provided the same confidentiality regarding | ||||||
| 24 | disclosure of identity as the
minor who is the subject of | ||||||
| 25 | record.
| ||||||
| 26 | (C) Except as otherwise provided in this subsection (C), | ||||||
| |||||||
| |||||||
| 1 | juvenile court
records shall not be made available to the | ||||||
| 2 | general public. Subject to the limitations in paragraphs (0.1) | ||||||
| 3 | through (0.4) of this subsection (C), the judge presiding over | ||||||
| 4 | a juvenile court proceeding brought under this Act, in his or | ||||||
| 5 | her discretion, may order that juvenile court records of an | ||||||
| 6 | individual case be made available for inspection upon request | ||||||
| 7 | by a representative of an agency, association, or news media | ||||||
| 8 | entity or by a properly interested person. For purposes of | ||||||
| 9 | inspecting documents under this subsection (C), a civil | ||||||
| 10 | subpoena is not an order of the court.
| ||||||
| 11 | (0.1) In cases where the records concern a pending | ||||||
| 12 | juvenile court case, the requesting party seeking to | ||||||
| 13 | inspect the juvenile court records shall provide actual | ||||||
| 14 | notice to the attorney or guardian ad litem of the minor | ||||||
| 15 | whose records are sought. | ||||||
| 16 | (0.2) In cases where the records concern a juvenile | ||||||
| 17 | court case that is no longer pending, the requesting party | ||||||
| 18 | seeking to inspect the juvenile court records shall provide | ||||||
| 19 | actual notice to the minor or the minor's parent or legal | ||||||
| 20 | guardian, and the matter shall be referred to the chief | ||||||
| 21 | judge presiding over matters pursuant to this Act. | ||||||
| 22 | (0.3) In determining whether records should be made | ||||||
| 23 | available for inspection and whether inspection should be | ||||||
| 24 | limited to certain parts of the file, the court shall | ||||||
| 25 | consider the minor's interest in confidentiality and | ||||||
| 26 | rehabilitation over the requesting party's interest in | ||||||
| |||||||
| |||||||
| 1 | obtaining the information. The State's Attorney, the | ||||||
| 2 | minor, and the minor's parents, guardian, and counsel shall | ||||||
| 3 | at all times have the right to examine court files and | ||||||
| 4 | records. | ||||||
| 5 | (0.4) Any records obtained in violation of this | ||||||
| 6 | subsection (C) shall not be admissible in any criminal or | ||||||
| 7 | civil proceeding, or operate to disqualify a minor from | ||||||
| 8 | subsequently holding public office, or operate as a | ||||||
| 9 | forfeiture of any public benefit, right, privilege, or | ||||||
| 10 | right to receive any license granted by public authority.
| ||||||
| 11 | (1) The
court shall allow the general public to have | ||||||
| 12 | access to the name, address, and offense of a minor
who is | ||||||
| 13 | adjudicated a delinquent minor under this Act under either | ||||||
| 14 | of the
following circumstances:
| ||||||
| 15 | (A) The
adjudication of
delinquency was based upon | ||||||
| 16 | the
minor's
commission of first degree murder, attempt | ||||||
| 17 | to commit first degree
murder, aggravated criminal | ||||||
| 18 | sexual assault, or criminal sexual assault; or
| ||||||
| 19 | (B) The court has made a finding that the minor was | ||||||
| 20 | at least 13 years of
age
at the time the act was | ||||||
| 21 | committed and the adjudication of delinquency was | ||||||
| 22 | based
upon the minor's commission of: (i)
an act in | ||||||
| 23 | furtherance of the commission of a felony as a member | ||||||
| 24 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
| 25 | involving the use of a firearm in the commission of a
| ||||||
| 26 | felony, (iii) an act that would be a Class X felony | ||||||
| |||||||
| |||||||
| 1 | offense
under or
the minor's second or subsequent
Class | ||||||
| 2 | 2 or greater felony offense under the Cannabis Control | ||||||
| 3 | Act if committed by an adult,
(iv) an act that would be | ||||||
| 4 | a second or subsequent offense under Section 402 of
the | ||||||
| 5 | Illinois Controlled Substances Act if committed by an | ||||||
| 6 | adult, (v) an act
that would be an offense under | ||||||
| 7 | Section 401 of the Illinois Controlled
Substances Act | ||||||
| 8 | if committed by an adult, (vi) an act that would be a | ||||||
| 9 | second or subsequent offense under Section 60 of the | ||||||
| 10 | Methamphetamine Control and Community Protection Act, | ||||||
| 11 | or (vii) an act that would be an offense under another | ||||||
| 12 | Section of the Methamphetamine Control and Community | ||||||
| 13 | Protection Act.
| ||||||
| 14 | (2) The court
shall allow the general public to have | ||||||
| 15 | access to the name, address, and offense of a minor who is | ||||||
| 16 | at least 13 years of age at
the time the offense
is | ||||||
| 17 | committed and who is convicted, in criminal proceedings
| ||||||
| 18 | permitted or required under Section 5-4, under either of | ||||||
| 19 | the following
circumstances:
| ||||||
| 20 | (A) The minor has been convicted of first degree | ||||||
| 21 | murder, attempt
to commit first degree
murder, | ||||||
| 22 | aggravated criminal sexual
assault, or criminal sexual | ||||||
| 23 | assault,
| ||||||
| 24 | (B) The court has made a finding that the minor was | ||||||
| 25 | at least 13 years
of age
at the time the offense was | ||||||
| 26 | committed and the conviction was based upon the
minor's | ||||||
| |||||||
| |||||||
| 1 | commission of: (i)
an offense in
furtherance of the | ||||||
| 2 | commission of a felony as a member of or on behalf of a
| ||||||
| 3 | criminal street gang, (ii) an offense
involving the use | ||||||
| 4 | of a firearm in the commission of a felony, (iii)
a | ||||||
| 5 | Class X felony offense under or a second or subsequent | ||||||
| 6 | Class 2 or
greater felony offense under the Cannabis | ||||||
| 7 | Control Act, (iv) a
second or subsequent offense under | ||||||
| 8 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
| 9 | (v) an offense under Section 401 of the Illinois
| ||||||
| 10 | Controlled Substances Act, (vi) an act that would be a | ||||||
| 11 | second or subsequent offense under Section 60 of the | ||||||
| 12 | Methamphetamine Control and Community Protection Act, | ||||||
| 13 | or (vii) an act that would be an offense under another | ||||||
| 14 | Section of the Methamphetamine Control and Community | ||||||
| 15 | Protection Act.
| ||||||
| 16 | (D) Pending or following any adjudication of delinquency | ||||||
| 17 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
| 18 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
| 19 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
| 20 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
| 21 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
| 22 | juvenile who is the subject of the adjudication, | ||||||
| 23 | notwithstanding any other
provision of this Act, shall be | ||||||
| 24 | treated
as an adult for the purpose of affording such rights to | ||||||
| 25 | the victim.
| ||||||
| 26 | (E) Nothing in this Section shall affect the right of a | ||||||
| |||||||
| |||||||
| 1 | Civil Service
Commission or appointing authority of any state, | ||||||
| 2 | county or municipality
examining the character and fitness of
| ||||||
| 3 | an applicant for employment with a law enforcement
agency, | ||||||
| 4 | correctional institution, or fire department to
ascertain
| ||||||
| 5 | whether that applicant was ever adjudicated to be a delinquent | ||||||
| 6 | minor and,
if so, to examine the records of disposition or | ||||||
| 7 | evidence which were made in
proceedings under this Act.
| ||||||
| 8 | (F) Following any adjudication of delinquency for a crime | ||||||
| 9 | which would be
a felony if committed by an adult, or following | ||||||
| 10 | any adjudication of delinquency
for a violation of Section | ||||||
| 11 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
| 12 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
| 13 | whether the minor respondent is enrolled in school and, if so, | ||||||
| 14 | shall provide
a copy of the dispositional order to the | ||||||
| 15 | principal or chief administrative
officer of the school. Access | ||||||
| 16 | to such juvenile records shall be limited
to the principal or | ||||||
| 17 | chief administrative officer of the school and any guidance
| ||||||
| 18 | counselor designated by him.
| ||||||
| 19 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
| 20 | disclosure of information or records relating or pertaining to | ||||||
| 21 | juveniles
subject to the provisions of the Serious Habitual | ||||||
| 22 | Offender Comprehensive
Action Program when that information is | ||||||
| 23 | used to assist in the early
identification and treatment of | ||||||
| 24 | habitual juvenile offenders.
| ||||||
| 25 | (H) When a Court hearing a proceeding under Article II of | ||||||
| 26 | this Act becomes
aware that an earlier proceeding under Article | ||||||
| |||||||
| |||||||
| 1 | II had been heard in a different
county, that Court shall | ||||||
| 2 | request, and the Court in which the earlier
proceedings were | ||||||
| 3 | initiated shall transmit, an authenticated copy of the Court
| ||||||
| 4 | record, including all documents, petitions, and orders filed | ||||||
| 5 | therein and the
minute orders, transcript of proceedings, and | ||||||
| 6 | docket entries of the Court.
| ||||||
| 7 | (I) The Clerk of the Circuit Court shall report to the | ||||||
| 8 | Department of
State
Police, in the form and manner required by | ||||||
| 9 | the Department of State Police, the
final disposition of each | ||||||
| 10 | minor who has been arrested or taken into custody
before his or | ||||||
| 11 | her 18th birthday for those offenses required to be reported
| ||||||
| 12 | under Section 5 of the Criminal Identification Act. Information | ||||||
| 13 | reported to
the Department under this Section may be maintained | ||||||
| 14 | with records that the
Department files under Section 2.1 of the | ||||||
| 15 | Criminal Identification Act.
| ||||||
| 16 | (J) The changes made to this Section by Public Act 98-61 | ||||||
| 17 | this amendatory Act of the 98th General Assembly apply to law | ||||||
| 18 | enforcement records of a minor who has been arrested or taken | ||||||
| 19 | into custody on or after January 1, 2014 (the effective date of | ||||||
| 20 | Public Act 98-61) this amendatory Act. | ||||||
| 21 | (Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; | ||||||
| 22 | 98-61, eff. 1-1-14; 98-552, eff. 8-27-13; revised 1-17-14.)
| ||||||
| 23 | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| ||||||
| 24 | Sec. 2-10. Temporary custody hearing. At the appearance of | ||||||
| 25 | the
minor before the court at the temporary custody hearing, | ||||||
| |||||||
| |||||||
| 1 | all
witnesses present shall be examined before the court in | ||||||
| 2 | relation to any
matter connected with the allegations made in | ||||||
| 3 | the petition.
| ||||||
| 4 | (1) If the court finds that there is not probable cause to | ||||||
| 5 | believe
that the minor is abused, neglected or dependent it | ||||||
| 6 | shall release
the minor and dismiss the petition.
| ||||||
| 7 | (2) If the court finds that there is probable cause to | ||||||
| 8 | believe that
the minor is abused, neglected or dependent, the | ||||||
| 9 | court shall state in writing
the factual basis supporting its | ||||||
| 10 | finding and the minor, his or her parent,
guardian, custodian | ||||||
| 11 | and other persons able to give relevant testimony
shall be | ||||||
| 12 | examined before the court. The Department of Children and
| ||||||
| 13 | Family Services shall give testimony concerning indicated | ||||||
| 14 | reports of abuse
and neglect, of which they are aware of | ||||||
| 15 | through the central registry,
involving the minor's parent, | ||||||
| 16 | guardian or custodian. After such
testimony, the court may, | ||||||
| 17 | consistent with
the health,
safety and best interests of the | ||||||
| 18 | minor,
enter an order that the minor shall be released
upon the | ||||||
| 19 | request of parent, guardian or custodian if the parent, | ||||||
| 20 | guardian
or custodian appears to take custody. If it is | ||||||
| 21 | determined that a parent's, guardian's, or custodian's | ||||||
| 22 | compliance with critical services mitigates the necessity for | ||||||
| 23 | removal of the minor from his or her home, the court may enter | ||||||
| 24 | an Order of Protection setting forth reasonable conditions of | ||||||
| 25 | behavior that a parent, guardian, or custodian must observe for | ||||||
| 26 | a specified period of time, not to exceed 12 months, without a | ||||||
| |||||||
| |||||||
| 1 | violation; provided, however, that the 12-month period shall | ||||||
| 2 | begin anew after any violation. Custodian shall include any | ||||||
| 3 | agency of
the State which has been given custody or wardship of | ||||||
| 4 | the child. If it is
consistent with the health, safety and best | ||||||
| 5 | interests of the
minor, the
court may also prescribe shelter | ||||||
| 6 | care and
order that the minor be kept in a suitable place | ||||||
| 7 | designated by the court or in
a shelter care facility | ||||||
| 8 | designated by the Department of Children and Family
Services or | ||||||
| 9 | a licensed child welfare
agency; however, a minor charged with | ||||||
| 10 | a
criminal offense under the Criminal Code of 1961 or the | ||||||
| 11 | Criminal Code of 2012 or adjudicated delinquent
shall not be | ||||||
| 12 | placed in the custody of or committed to the Department of
| ||||||
| 13 | Children and Family Services by any court, except a minor less | ||||||
| 14 | than 15
years of age and committed to the Department of | ||||||
| 15 | Children and Family Services
under Section 5-710 of this Act or | ||||||
| 16 | a minor for whom an independent
basis of
abuse, neglect, or | ||||||
| 17 | dependency exists.
An independent basis exists when the | ||||||
| 18 | allegations or adjudication of abuse, neglect, or dependency do | ||||||
| 19 | not arise from the same facts, incident, or circumstances which | ||||||
| 20 | give rise to a charge or adjudication of delinquency.
| ||||||
| 21 | In placing the minor, the Department or other
agency shall, | ||||||
| 22 | to the extent
compatible with the court's order, comply with | ||||||
| 23 | Section 7 of the Children and
Family Services Act.
In | ||||||
| 24 | determining
the health, safety and best interests of the minor | ||||||
| 25 | to prescribe shelter
care, the court must
find that it is a | ||||||
| 26 | matter of immediate and urgent necessity for the safety
and | ||||||
| |||||||
| |||||||
| 1 | protection
of the minor or of the person or property of another | ||||||
| 2 | that the minor be placed
in a shelter care facility or that he | ||||||
| 3 | or she is likely to flee the jurisdiction
of the court, and | ||||||
| 4 | must further find that reasonable efforts have been made or
| ||||||
| 5 | that, consistent with the health, safety and best interests of
| ||||||
| 6 | the minor, no efforts reasonably can be made to
prevent or | ||||||
| 7 | eliminate the necessity of removal of the minor from his or her
| ||||||
| 8 | home. The court shall require documentation from the Department | ||||||
| 9 | of Children and
Family Services as to the reasonable efforts | ||||||
| 10 | that were made to prevent or
eliminate the necessity of removal | ||||||
| 11 | of the minor from his or her home or the
reasons why no efforts | ||||||
| 12 | reasonably could be made to prevent or eliminate the
necessity | ||||||
| 13 | of removal. When a minor is placed in the home of a relative, | ||||||
| 14 | the
Department of Children and Family Services shall complete a | ||||||
| 15 | preliminary
background review of the members of the minor's | ||||||
| 16 | custodian's household in
accordance with Section 4.3 of the | ||||||
| 17 | Child Care Act of 1969 within 90 days of
that placement. If the | ||||||
| 18 | minor is ordered placed in a shelter care facility of
the | ||||||
| 19 | Department of Children and
Family Services or a licensed child | ||||||
| 20 | welfare agency, the court shall, upon
request of the | ||||||
| 21 | appropriate Department or other agency, appoint the
Department | ||||||
| 22 | of Children and Family Services Guardianship Administrator or
| ||||||
| 23 | other appropriate agency executive temporary custodian of the | ||||||
| 24 | minor and the
court may enter such other orders related to the | ||||||
| 25 | temporary custody as it
deems fit and proper, including the | ||||||
| 26 | provision of services to the minor or
his family to ameliorate | ||||||
| |||||||
| |||||||
| 1 | the causes contributing to the finding of probable
cause or to | ||||||
| 2 | the finding of the existence of immediate and urgent necessity.
| ||||||
| 3 | Where the Department of Children and Family Services | ||||||
| 4 | Guardianship Administrator is appointed as the executive | ||||||
| 5 | temporary custodian, the Department of Children and Family | ||||||
| 6 | Services shall file with the court and serve on the parties a | ||||||
| 7 | parent-child visiting plan, within 10 days, excluding weekends | ||||||
| 8 | and holidays, after the appointment. The parent-child visiting | ||||||
| 9 | plan shall set out the time and place of visits, the frequency | ||||||
| 10 | of visits, the length of visits, who shall be present at the | ||||||
| 11 | visits, and where appropriate, the minor's opportunities to | ||||||
| 12 | have telephone and mail communication with the parents. | ||||||
| 13 | Where the Department of Children and Family Services | ||||||
| 14 | Guardianship Administrator is
appointed as the executive | ||||||
| 15 | temporary custodian, and when the child has siblings in care,
| ||||||
| 16 | the Department of Children and Family Services shall file with | ||||||
| 17 | the court and serve on the
parties a sibling placement and | ||||||
| 18 | contact plan within 10 days, excluding weekends and
holidays, | ||||||
| 19 | after the appointment. The sibling placement and contact plan | ||||||
| 20 | shall set forth
whether the siblings are placed together, and | ||||||
| 21 | if they are not placed together, what, if any,
efforts are | ||||||
| 22 | being made to place them together. If the Department has | ||||||
| 23 | determined that it is
not in a child's best interest to be | ||||||
| 24 | placed with a sibling, the Department shall document in
the | ||||||
| 25 | sibling placement and contact plan the basis for its | ||||||
| 26 | determination. For siblings placed
separately, the sibling | ||||||
| |||||||
| |||||||
| 1 | placement and contact plan shall set the time and place for | ||||||
| 2 | visits,
the frequency of the visits, the length of visits, who | ||||||
| 3 | shall be present for the visits, and
where appropriate, the | ||||||
| 4 | child's opportunities to have contact with their siblings in | ||||||
| 5 | addition to
in person contact. If the Department determines it | ||||||
| 6 | is not in the best interest of a sibling to
have contact with a | ||||||
| 7 | sibling, the Department shall document in the sibling placement | ||||||
| 8 | and
contact plan the basis for its determination. The sibling | ||||||
| 9 | placement and contact plan shall
specify a date for development | ||||||
| 10 | of the Sibling Contact Support Plan, under subsection (f) of | ||||||
| 11 | Section 7.4 of the Children and Family Services Act, and shall | ||||||
| 12 | remain in effect until the Sibling Contact Support Plan is | ||||||
| 13 | developed. | ||||||
| 14 | For good cause, the court may waive the requirement to | ||||||
| 15 | file the parent-child visiting plan or the sibling placement | ||||||
| 16 | and contact plan, or extend the time for filing either plan. | ||||||
| 17 | Any party may, by motion, request the court to review the | ||||||
| 18 | parent-child visiting plan to determine whether it is | ||||||
| 19 | reasonably calculated to expeditiously facilitate the | ||||||
| 20 | achievement of the permanency goal. A party may, by motion, | ||||||
| 21 | request the court to review the parent-child visiting plan or | ||||||
| 22 | the sibling placement and contact plan to determine whether it | ||||||
| 23 | is consistent with the minor's best interest. The court may | ||||||
| 24 | refer the parties to mediation where available. The frequency, | ||||||
| 25 | duration, and locations of visitation shall be measured by the | ||||||
| 26 | needs of the child and family, and not by the convenience of | ||||||
| |||||||
| |||||||
| 1 | Department personnel. Child development principles shall be | ||||||
| 2 | considered by the court in its analysis of how frequent | ||||||
| 3 | visitation should be, how long it should last, where it should | ||||||
| 4 | take place, and who should be present. If upon motion of the | ||||||
| 5 | party to review either plan and after receiving evidence, the | ||||||
| 6 | court determines that the parent-child visiting plan is not | ||||||
| 7 | reasonably calculated to expeditiously facilitate the | ||||||
| 8 | achievement of the permanency goal or that the restrictions | ||||||
| 9 | placed on parent-child contact or sibling placement or contact | ||||||
| 10 | are contrary to the child's best interests, the court shall put | ||||||
| 11 | in writing the factual basis supporting the determination and | ||||||
| 12 | enter specific findings based on the evidence. The court shall | ||||||
| 13 | enter an order for the Department to implement changes to the | ||||||
| 14 | parent-child visiting plan or sibling placement or contact | ||||||
| 15 | plan, consistent with the court's findings. At any stage of | ||||||
| 16 | proceeding, any party may by motion request the court to enter | ||||||
| 17 | any orders necessary to implement the parent-child visiting | ||||||
| 18 | plan, sibling placement or contact plan or subsequently | ||||||
| 19 | developed Sibling Contact Support Plan. Nothing under this | ||||||
| 20 | subsection (2) shall restrict the court from granting | ||||||
| 21 | discretionary authority to the Department to increase | ||||||
| 22 | opportunities for additional parent-child contacts or sibling | ||||||
| 23 | contacts, without further court orders. Nothing in this | ||||||
| 24 | subsection (2) shall restrict the Department from immediately | ||||||
| 25 | restricting or terminating parent-child contact or sibling | ||||||
| 26 | contacts, without either amending the parent-child visiting | ||||||
| |||||||
| |||||||
| 1 | plan or the sibling contact plan or obtaining a court order, | ||||||
| 2 | where the Department or its assigns reasonably believe that | ||||||
| 3 | continuation of the contact, as set out in the plan, would be | ||||||
| 4 | contrary to the child's health, safety, and welfare. The | ||||||
| 5 | Department shall file with the court and serve on the parties | ||||||
| 6 | any amendments to the plan within 10 days, excluding weekends | ||||||
| 7 | and holidays, of the change of the visitation.
| ||||||
| 8 | Acceptance of services shall not be considered an admission | ||||||
| 9 | of any
allegation in a petition made pursuant to this Act, nor | ||||||
| 10 | may a referral of
services be considered as evidence in any | ||||||
| 11 | proceeding pursuant to this Act,
except where the issue is | ||||||
| 12 | whether the Department has made reasonable
efforts to reunite | ||||||
| 13 | the family. In making its findings that it is
consistent with | ||||||
| 14 | the health, safety and best
interests of the minor to prescribe | ||||||
| 15 | shelter care, the court shall state in
writing (i) the factual | ||||||
| 16 | basis supporting its findings concerning the
immediate and | ||||||
| 17 | urgent necessity for the protection of the minor or of the | ||||||
| 18 | person
or property of another and (ii) the factual basis | ||||||
| 19 | supporting its findings that
reasonable efforts were made to | ||||||
| 20 | prevent or eliminate the removal of the minor
from his or her | ||||||
| 21 | home or that no efforts reasonably could be made to prevent or
| ||||||
| 22 | eliminate the removal of the minor from his or her home. The
| ||||||
| 23 | parents, guardian, custodian, temporary custodian and minor | ||||||
| 24 | shall each be
furnished a copy of such written findings. The | ||||||
| 25 | temporary custodian shall
maintain a copy of the court order | ||||||
| 26 | and written findings in the case record
for the child. The | ||||||
| |||||||
| |||||||
| 1 | order together with the court's findings of fact in
support | ||||||
| 2 | thereof shall be entered of record in the court.
| ||||||
| 3 | Once the court finds that it is a matter of immediate and | ||||||
| 4 | urgent necessity
for the protection of the minor that the minor | ||||||
| 5 | be placed in a shelter care
facility, the minor shall not be | ||||||
| 6 | returned to the parent, custodian or guardian
until the court | ||||||
| 7 | finds that such placement is no longer necessary for the
| ||||||
| 8 | protection of the minor.
| ||||||
| 9 | If the child is placed in the temporary custody of the | ||||||
| 10 | Department of
Children
and Family
Services for his or her | ||||||
| 11 | protection, the court shall admonish the parents,
guardian,
| ||||||
| 12 | custodian or responsible relative that the parents must | ||||||
| 13 | cooperate with the
Department of Children and Family Services, | ||||||
| 14 | comply
with the terms of the service plans, and correct the | ||||||
| 15 | conditions which require
the child to be in care, or risk | ||||||
| 16 | termination of their parental
rights.
| ||||||
| 17 | (3) If prior to the shelter care hearing for a minor | ||||||
| 18 | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | ||||||
| 19 | unable to serve notice on the
party respondent, the shelter | ||||||
| 20 | care hearing may proceed ex-parte. A shelter
care order from an | ||||||
| 21 | ex-parte hearing shall be endorsed with the date and
hour of | ||||||
| 22 | issuance and shall be filed with the clerk's office and entered | ||||||
| 23 | of
record. The order shall expire after 10 days from the time | ||||||
| 24 | it is issued
unless before its expiration it is renewed, at a | ||||||
| 25 | hearing upon appearance
of the party respondent, or upon an | ||||||
| 26 | affidavit of the moving party as to all
diligent efforts to | ||||||
| |||||||
| |||||||
| 1 | notify the party respondent by notice as herein
prescribed. The | ||||||
| 2 | notice prescribed shall be in writing and shall be
personally | ||||||
| 3 | delivered to the minor or the minor's attorney and to the last
| ||||||
| 4 | known address of the other person or persons entitled to | ||||||
| 5 | notice. The
notice shall also state the nature of the | ||||||
| 6 | allegations, the nature of the
order sought by the State, | ||||||
| 7 | including whether temporary custody is sought,
and the | ||||||
| 8 | consequences of failure to appear and shall contain a notice
| ||||||
| 9 | that the parties will not be entitled to further written | ||||||
| 10 | notices or publication
notices of proceedings in this case, | ||||||
| 11 | including the filing of an amended
petition or a motion to | ||||||
| 12 | terminate parental rights, except as required by
Supreme Court | ||||||
| 13 | Rule 11; and shall explain the
right of
the parties and the | ||||||
| 14 | procedures to vacate or modify a shelter care order as
provided | ||||||
| 15 | in this Section. The notice for a shelter care hearing shall be
| ||||||
| 16 | substantially as follows:
| ||||||
| 17 | NOTICE TO PARENTS AND CHILDREN
| ||||||
| 18 | OF SHELTER CARE HEARING
| ||||||
| 19 | On ................ at ........., before the Honorable | ||||||
| 20 | ................,
(address:) ................., the State | ||||||
| 21 | of Illinois will present evidence
(1) that (name of child | ||||||
| 22 | or children) ....................... are abused,
neglected | ||||||
| 23 | or dependent for the following reasons:
| ||||||
| 24 | ..............................................
and (2) | ||||||
| 25 | whether there is "immediate and urgent necessity" to remove | ||||||
| 26 | the child
or children from the responsible 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 following | ||||||
| 8 | 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 (explaining | ||||||
| 15 | 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, he or she may file an
affidavit setting forth these | ||||||
| 14 | facts, and the clerk shall set the matter for
rehearing not | ||||||
| 15 | later than 48 hours, excluding Sundays and legal holidays,
| ||||||
| 16 | after the filing of the affidavit. At the rehearing, the court | ||||||
| 17 | shall
proceed in the same manner as upon the original hearing.
| ||||||
| 18 | (5) Only when there is reasonable cause to believe that the | ||||||
| 19 | minor
taken into custody is a person described in subsection | ||||||
| 20 | (3) of Section
5-105 may the minor be
kept or detained in a | ||||||
| 21 | detention home or county or municipal jail. This
Section shall | ||||||
| 22 | in no way be construed to limit subsection (6).
| ||||||
| 23 | (6) No minor under 16 years of age may be confined in a | ||||||
| 24 | jail or place
ordinarily used for the confinement of prisoners | ||||||
| 25 | in a police station. Minors
under 18 years of age must be kept | ||||||
| 26 | separate from confined adults and may
not at any time be kept | ||||||
| |||||||
| |||||||
| 1 | in the same cell, room, or yard with adults confined
pursuant | ||||||
| 2 | to the criminal law.
| ||||||
| 3 | (7) If the minor is not brought before a judicial officer | ||||||
| 4 | within the
time period as specified in Section 2-9, the minor | ||||||
| 5 | must immediately be
released from custody.
| ||||||
| 6 | (8) If neither the parent, guardian or custodian appears | ||||||
| 7 | within 24
hours to take custody of a minor released upon | ||||||
| 8 | request pursuant to
subsection (2) of this Section, then the | ||||||
| 9 | clerk of the court shall set the
matter for rehearing not later | ||||||
| 10 | than 7 days after the original order and
shall issue a summons | ||||||
| 11 | directed to the parent, guardian or custodian to
appear. At the | ||||||
| 12 | same time the probation department shall prepare a report
on | ||||||
| 13 | the minor. If a parent, guardian or custodian does not appear | ||||||
| 14 | at such
rehearing, the judge may enter an order prescribing | ||||||
| 15 | that the minor be kept
in a suitable place designated by the | ||||||
| 16 | Department of Children and Family
Services or a licensed child | ||||||
| 17 | welfare agency.
| ||||||
| 18 | (9) Notwithstanding any other provision of this
Section any | ||||||
| 19 | interested party, including the State, the temporary
| ||||||
| 20 | custodian, an agency providing services to the minor or family | ||||||
| 21 | under a
service plan pursuant to Section 8.2 of the Abused and | ||||||
| 22 | Neglected Child
Reporting Act, foster parent, or any of their | ||||||
| 23 | representatives, on notice
to all parties entitled to notice, | ||||||
| 24 | may file a motion that it is in the best
interests of the minor | ||||||
| 25 | to modify or vacate a
temporary custody order on any of the | ||||||
| 26 | following grounds:
| ||||||
| |||||||
| |||||||
| 1 | (a) It is no longer a matter of immediate and urgent | ||||||
| 2 | necessity that the
minor remain in shelter care; or
| ||||||
| 3 | (b) There is a material change in the circumstances of | ||||||
| 4 | the natural
family from which the minor was removed and the | ||||||
| 5 | child can be cared for at
home without endangering the | ||||||
| 6 | child's health or safety; or
| ||||||
| 7 | (c) A person not a party to the alleged abuse, neglect | ||||||
| 8 | or dependency,
including a parent, relative or legal | ||||||
| 9 | guardian, is capable of assuming
temporary custody of the | ||||||
| 10 | minor; or
| ||||||
| 11 | (d) Services provided by the Department of Children and | ||||||
| 12 | Family Services
or a child welfare agency or other service | ||||||
| 13 | provider have been successful in
eliminating the need for | ||||||
| 14 | temporary custody and the child can be cared for at
home | ||||||
| 15 | without endangering the child's health or safety.
| ||||||
| 16 | In ruling on the motion, the court shall determine whether | ||||||
| 17 | it is consistent
with the health, safety and best interests of | ||||||
| 18 | the minor to modify
or vacate a temporary custody order.
| ||||||
| 19 | The clerk shall set the matter for hearing not later than | ||||||
| 20 | 14 days after
such motion is filed. In the event that the court | ||||||
| 21 | modifies or vacates a
temporary custody order but does not | ||||||
| 22 | vacate its finding of probable cause,
the court may order that | ||||||
| 23 | appropriate services be continued or initiated in
behalf of the | ||||||
| 24 | minor and his or her family.
| ||||||
| 25 | (10) When the court finds or has found that there is | ||||||
| 26 | probable cause to
believe a minor is an abused minor as | ||||||
| |||||||
| |||||||
| 1 | described in subsection (2) of Section
2-3
and that there is an | ||||||
| 2 | immediate and urgent necessity for the abused minor to be
| ||||||
| 3 | placed in shelter care, immediate and urgent necessity shall be | ||||||
| 4 | presumed for
any other minor residing in the same household as | ||||||
| 5 | the abused minor provided:
| ||||||
| 6 | (a) Such other minor is the subject of an abuse or | ||||||
| 7 | neglect petition
pending before the court; and
| ||||||
| 8 | (b) A party to the petition is seeking shelter care for | ||||||
| 9 | such other minor.
| ||||||
| 10 | Once the presumption of immediate and urgent necessity has | ||||||
| 11 | been raised, the
burden of demonstrating the lack of immediate | ||||||
| 12 | and urgent necessity shall be on
any party that is opposing | ||||||
| 13 | shelter care for the other minor.
| ||||||
| 14 | (11) The changes made to this Section by Public Act 98-61 | ||||||
| 15 | this amendatory Act of
the 98th General Assembly apply to a | ||||||
| 16 | minor who has been
arrested or taken into custody on or after | ||||||
| 17 | January 1, 2014 (the effective date
of Public Act 98-61) this | ||||||
| 18 | amendatory Act. | ||||||
| 19 | (Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13; | ||||||
| 20 | 98-61, eff. 1-1-14; revised 11-22-13.)
| ||||||
| 21 | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
| ||||||
| 22 | Sec. 2-28. Court review.
| ||||||
| 23 | (1) The court may require any legal custodian or guardian | ||||||
| 24 | of the person
appointed under this Act to report periodically | ||||||
| 25 | to the court or may cite
him into court and require him or his | ||||||
| |||||||
| |||||||
| 1 | agency, to make a full and
accurate report of his or its doings | ||||||
| 2 | in behalf of the minor. The
custodian or guardian, within 10 | ||||||
| 3 | days after such citation, shall make
the report, either in | ||||||
| 4 | writing verified by affidavit or orally under oath
in open | ||||||
| 5 | court, or otherwise as the court directs. Upon the hearing of
| ||||||
| 6 | the report the court may remove the custodian or guardian and | ||||||
| 7 | appoint
another in his stead or restore the minor to the | ||||||
| 8 | custody of his parents
or former guardian or custodian. | ||||||
| 9 | However, custody of the minor shall
not be restored to any | ||||||
| 10 | parent, guardian or legal custodian in any case
in which the | ||||||
| 11 | minor is found to be neglected or abused under Section 2-3 or
| ||||||
| 12 | dependent under Section 2-4 of this
Act, unless the minor can | ||||||
| 13 | be cared for at home without endangering the
minor's health or | ||||||
| 14 | safety and it is in the best interests of the minor, and
if | ||||||
| 15 | such neglect,
abuse, or dependency is found by the court under | ||||||
| 16 | paragraph (1)
of Section 2-21 of
this Act to have come about | ||||||
| 17 | due to the acts or omissions or both of such
parent, guardian
| ||||||
| 18 | or legal custodian, until such time as an investigation is made | ||||||
| 19 | as provided in
paragraph (5) and a hearing is held on the issue | ||||||
| 20 | of the fitness of such parent,
guardian or legal custodian to | ||||||
| 21 | care for the minor and the court enters an order
that such | ||||||
| 22 | parent, guardian or legal custodian is fit to care for the | ||||||
| 23 | minor.
| ||||||
| 24 | (2) The first permanency hearing shall be
conducted by the | ||||||
| 25 | judge. Subsequent permanency hearings may be
heard by a judge | ||||||
| 26 | or by hearing officers appointed or approved by the court in
| ||||||
| |||||||
| |||||||
| 1 | the manner set forth in Section 2-28.1 of this Act.
The initial | ||||||
| 2 | hearing shall be held (a) within 12 months from the date
| ||||||
| 3 | temporary
custody was taken, regardless of whether an | ||||||
| 4 | adjudication or dispositional hearing has been completed | ||||||
| 5 | within that time frame, (b) if the parental rights of both | ||||||
| 6 | parents have been
terminated in accordance with the procedure | ||||||
| 7 | described in subsection (5) of
Section 2-21, within
30 days of | ||||||
| 8 | the order for termination of parental rights and appointment of
| ||||||
| 9 | a guardian with power to consent to adoption, or (c) in | ||||||
| 10 | accordance with
subsection
(2) of Section 2-13.1. Subsequent | ||||||
| 11 | permanency hearings
shall be held every 6 months
or more | ||||||
| 12 | frequently if necessary in the court's determination following | ||||||
| 13 | the
initial permanency hearing, in accordance with the | ||||||
| 14 | standards set forth in this
Section, until the court determines | ||||||
| 15 | that the plan and goal have been achieved.
Once the plan and | ||||||
| 16 | goal have been achieved, if the minor remains in substitute
| ||||||
| 17 | care, the case shall be reviewed at least every 6 months | ||||||
| 18 | thereafter, subject to
the provisions of this Section, unless | ||||||
| 19 | the minor is placed in the guardianship
of a suitable relative | ||||||
| 20 | or other person and the court determines that further
| ||||||
| 21 | monitoring by the court does not further the health, safety or | ||||||
| 22 | best interest of
the child and that this is a stable permanent | ||||||
| 23 | placement.
The permanency hearings must occur within the time | ||||||
| 24 | frames set forth in this
subsection and may not be delayed in | ||||||
| 25 | anticipation of a report from any source or due to the agency's | ||||||
| 26 | failure to timely file its written report (this
written report | ||||||
| |||||||
| |||||||
| 1 | means the one required under the next paragraph and does not
| ||||||
| 2 | mean the service plan also referred to in that paragraph).
| ||||||
| 3 | The public agency that is the custodian or guardian of the | ||||||
| 4 | minor, or another
agency responsible for the minor's care, | ||||||
| 5 | shall ensure that all parties to the
permanency hearings are | ||||||
| 6 | provided a copy of the most recent
service plan prepared within | ||||||
| 7 | the prior 6 months
at least 14 days in advance of the hearing. | ||||||
| 8 | If not contained in the plan, the
agency shall also include a | ||||||
| 9 | report setting forth (i) any special
physical, psychological, | ||||||
| 10 | educational, medical, emotional, or other needs of the
minor or | ||||||
| 11 | his or her family that are relevant to a permanency or | ||||||
| 12 | placement
determination and (ii) for any minor age 16 or over, | ||||||
| 13 | a written description of
the programs and services that will | ||||||
| 14 | enable the minor to prepare for independent
living. The | ||||||
| 15 | agency's written report must detail what progress or lack of
| ||||||
| 16 | progress the parent has made in correcting the conditions | ||||||
| 17 | requiring the child
to be in care; whether the child can be | ||||||
| 18 | returned home without jeopardizing the
child's health, safety, | ||||||
| 19 | and welfare, and if not, what permanency goal is
recommended to | ||||||
| 20 | be in the best interests of the child, and why the other
| ||||||
| 21 | permanency goals are not appropriate. The caseworker must | ||||||
| 22 | appear and testify
at the permanency hearing. If a permanency | ||||||
| 23 | hearing has not previously been
scheduled by the court, the | ||||||
| 24 | moving party shall move for the setting of a
permanency hearing | ||||||
| 25 | and the entry of an order within the time frames set forth
in | ||||||
| 26 | this subsection.
| ||||||
| |||||||
| |||||||
| 1 | At the permanency hearing, the court shall determine the | ||||||
| 2 | future status
of the child. The court shall set one of the | ||||||
| 3 | following permanency goals:
| ||||||
| 4 | (A) The minor will be returned home by a specific date | ||||||
| 5 | within 5
months.
| ||||||
| 6 | (B) The minor will be in short-term care with a
| ||||||
| 7 | continued goal to return home within a period not to exceed | ||||||
| 8 | one
year, where the progress of the parent or parents is | ||||||
| 9 | substantial giving
particular consideration to the age and | ||||||
| 10 | individual needs of the minor.
| ||||||
| 11 | (B-1) The minor will be in short-term care with a | ||||||
| 12 | continued goal to return
home pending a status hearing. | ||||||
| 13 | When the court finds that a parent has not made
reasonable | ||||||
| 14 | efforts or reasonable progress to date, the court shall | ||||||
| 15 | identify
what actions the parent and the Department must | ||||||
| 16 | take in order to justify a
finding of reasonable efforts or | ||||||
| 17 | reasonable progress and shall set a status
hearing to be | ||||||
| 18 | held not earlier than 9 months from the date of | ||||||
| 19 | adjudication nor
later than 11 months from the date of | ||||||
| 20 | adjudication during which the parent's
progress will again | ||||||
| 21 | be reviewed.
| ||||||
| 22 | (C) The minor will be in substitute care pending court
| ||||||
| 23 | determination on termination of parental rights.
| ||||||
| 24 | (D) Adoption, provided that parental rights have been | ||||||
| 25 | terminated or
relinquished.
| ||||||
| 26 | (E) The guardianship of the minor will be transferred | ||||||
| |||||||
| |||||||
| 1 | to an individual or
couple on a permanent basis provided | ||||||
| 2 | that goals (A) through (D) have
been ruled out.
| ||||||
| 3 | (F) The minor over age 15 will be in substitute care | ||||||
| 4 | pending
independence.
| ||||||
| 5 | (G) The minor will be in substitute care because he or | ||||||
| 6 | she cannot be
provided for in a home environment due to | ||||||
| 7 | developmental
disabilities or mental illness or because he | ||||||
| 8 | or she is a danger to self or
others, provided that goals | ||||||
| 9 | (A) through (D) have been ruled out.
| ||||||
| 10 | In selecting any permanency goal, the court shall indicate | ||||||
| 11 | in writing the
reasons the goal was selected and why the | ||||||
| 12 | preceding goals were ruled out.
Where the court has selected a | ||||||
| 13 | permanency goal other than (A), (B), or (B-1),
the
Department | ||||||
| 14 | of Children and Family Services shall not provide further
| ||||||
| 15 | reunification services, but shall provide services
consistent | ||||||
| 16 | with the goal
selected.
| ||||||
| 17 | (H) Notwithstanding any other provision in this | ||||||
| 18 | Section, the court may select the goal of continuing foster | ||||||
| 19 | care as a permanency goal if: | ||||||
| 20 | (1) The Department of Children and Family Services | ||||||
| 21 | has custody and guardianship of the minor; | ||||||
| 22 | (2) The court has ruled out all other permanency | ||||||
| 23 | goals based on the child's best interest;
| ||||||
| 24 | (3) The court has found compelling reasons, based | ||||||
| 25 | on written documentation reviewed by the court, to | ||||||
| 26 | place the minor in continuing foster care. Compelling | ||||||
| |||||||
| |||||||
| 1 | reasons include:
| ||||||
| 2 | (a) the child does not wish to be adopted or to | ||||||
| 3 | be placed in the guardianship of his or her | ||||||
| 4 | relative or foster care placement;
| ||||||
| 5 | (b) the child exhibits an extreme level of need | ||||||
| 6 | such that the removal of the child from his or her | ||||||
| 7 | placement would be detrimental to the child; or
| ||||||
| 8 | (c) the child who is the subject of the | ||||||
| 9 | permanency hearing has existing close and strong | ||||||
| 10 | bonds with a sibling, and achievement of another | ||||||
| 11 | permanency goal would substantially interfere with | ||||||
| 12 | the subject child's sibling relationship, taking | ||||||
| 13 | into consideration the nature and extent of the | ||||||
| 14 | relationship, and whether ongoing contact is in | ||||||
| 15 | the subject child's best interest, including | ||||||
| 16 | long-term emotional interest, as compared with the | ||||||
| 17 | legal and emotional benefit of permanence;
| ||||||
| 18 | (4) The child has lived with the relative or foster | ||||||
| 19 | parent for at least one year; and
| ||||||
| 20 | (5) The relative or foster parent currently caring | ||||||
| 21 | for the child is willing and capable of providing the | ||||||
| 22 | child with a stable and permanent environment. | ||||||
| 23 | The court shall set a
permanency
goal that is in the best | ||||||
| 24 | interest of the child. In determining that goal, the court | ||||||
| 25 | shall consult with the minor in an age-appropriate manner | ||||||
| 26 | regarding the proposed permanency or transition plan for the | ||||||
| |||||||
| |||||||
| 1 | minor. The court's determination
shall include the following | ||||||
| 2 | factors:
| ||||||
| 3 | (1) Age of the child.
| ||||||
| 4 | (2) Options available for permanence, including both | ||||||
| 5 | out-of-State and in-State placement options.
| ||||||
| 6 | (3) Current placement of the child and the intent of | ||||||
| 7 | the family regarding
adoption.
| ||||||
| 8 | (4) Emotional, physical, and mental status or | ||||||
| 9 | condition of the child.
| ||||||
| 10 | (5) Types of services previously offered and whether or | ||||||
| 11 | not
the services were successful and, if not successful, | ||||||
| 12 | the reasons the services
failed.
| ||||||
| 13 | (6) Availability of services currently needed and | ||||||
| 14 | whether the services
exist.
| ||||||
| 15 | (7) Status of siblings of the minor.
| ||||||
| 16 | The court shall consider (i) the permanency goal contained | ||||||
| 17 | in the service
plan, (ii) the appropriateness of the
services | ||||||
| 18 | contained in the plan and whether those services have been
| ||||||
| 19 | provided, (iii) whether reasonable efforts have been made by | ||||||
| 20 | all
the parties to the service plan to achieve the goal, and | ||||||
| 21 | (iv) whether the plan
and goal have been achieved. All evidence
| ||||||
| 22 | relevant to determining these questions, including oral and | ||||||
| 23 | written reports,
may be admitted and may be relied on to the | ||||||
| 24 | extent of their probative value.
| ||||||
| 25 | The court shall make findings as to whether, in violation | ||||||
| 26 | of Section 8.2 of the Abused and Neglected Child Reporting Act, | ||||||
| |||||||
| |||||||
| 1 | any portion of the service plan compels a child or parent to | ||||||
| 2 | engage in any activity or refrain from any activity that is not | ||||||
| 3 | reasonably related to remedying a condition or conditions that | ||||||
| 4 | gave rise or which could give rise to any finding of child | ||||||
| 5 | abuse or neglect. The services contained in the service plan | ||||||
| 6 | shall include services reasonably related to remedy the | ||||||
| 7 | conditions that gave rise to removal of the child from the home | ||||||
| 8 | of his or her parents, guardian, or legal custodian or that the | ||||||
| 9 | court has found must be remedied prior to returning the child | ||||||
| 10 | home. Any tasks the court requires of the parents, guardian, or | ||||||
| 11 | legal custodian or child prior to returning the child home, | ||||||
| 12 | must be reasonably related to remedying a condition or | ||||||
| 13 | conditions that gave rise to or which could give rise to any | ||||||
| 14 | finding of child abuse or neglect. | ||||||
| 15 | If the permanency goal is to return home, the court shall | ||||||
| 16 | make findings that identify any problems that are causing | ||||||
| 17 | continued placement of the children away from the home and | ||||||
| 18 | identify what outcomes would be considered a resolution to | ||||||
| 19 | these problems. The court shall explain to the parents that | ||||||
| 20 | these findings are based on the information that the court has | ||||||
| 21 | at that time and may be revised, should additional evidence be | ||||||
| 22 | presented to the court. | ||||||
| 23 | The court shall review the Sibling Contact and Support Plan | ||||||
| 24 | developed or modified under subsection (f) of Section 7.4 of | ||||||
| 25 | the Children and Family Services Act, if applicable. If the | ||||||
| 26 | Department has not convened a meeting to
develop or modify a | ||||||
| |||||||
| |||||||
| 1 | Sibling Contact Support Plan, or if the court finds that the | ||||||
| 2 | existing Plan
is not in the child's best interest, the court | ||||||
| 3 | may enter an order requiring the Department to
develop, modify | ||||||
| 4 | or implement a Sibling Contact Support Plan, or order | ||||||
| 5 | mediation. | ||||||
| 6 | If the goal has been achieved, the court shall enter orders | ||||||
| 7 | that are
necessary to conform the minor's legal custody and | ||||||
| 8 | status to those findings.
| ||||||
| 9 | If, after receiving evidence, the court determines that the | ||||||
| 10 | services
contained in the plan are not reasonably calculated to | ||||||
| 11 | facilitate achievement
of the permanency goal, the court shall | ||||||
| 12 | put in writing the factual basis
supporting the determination | ||||||
| 13 | and enter specific findings based on the evidence.
The court | ||||||
| 14 | also shall enter an order for the Department to develop and
| ||||||
| 15 | implement a new service plan or to implement changes to the | ||||||
| 16 | current service
plan consistent with the court's findings. The | ||||||
| 17 | new service plan shall be filed
with the court and served on | ||||||
| 18 | all parties within 45 days of the date of the
order. The court | ||||||
| 19 | shall continue the matter until the new service plan is
filed. | ||||||
| 20 | Unless otherwise specifically authorized by law, the court is | ||||||
| 21 | not
empowered under this subsection (2) or under subsection (3) | ||||||
| 22 | to order specific
placements, specific services, or specific | ||||||
| 23 | service providers to be included in
the plan.
| ||||||
| 24 | A guardian or custodian appointed by the court pursuant to | ||||||
| 25 | this Act shall
file updated case plans with the court every 6 | ||||||
| 26 | months.
| ||||||
| |||||||
| |||||||
| 1 | Rights of wards of the court under this Act are enforceable | ||||||
| 2 | against
any public agency by complaints for relief by mandamus | ||||||
| 3 | filed in any
proceedings brought under this Act.
| ||||||
| 4 | (3) Following the permanency hearing, the court shall enter | ||||||
| 5 | a written order
that includes the determinations required under | ||||||
| 6 | subsection (2) of this
Section and sets forth the following:
| ||||||
| 7 | (a) The future status of the minor, including the | ||||||
| 8 | permanency goal, and
any order necessary to conform the | ||||||
| 9 | minor's legal custody and status to such
determination; or
| ||||||
| 10 | (b) If the permanency goal of the minor cannot be | ||||||
| 11 | achieved immediately,
the specific reasons for continuing | ||||||
| 12 | the minor in the care of the Department of
Children and | ||||||
| 13 | Family Services or other agency for short term placement, | ||||||
| 14 | and the
following determinations:
| ||||||
| 15 | (i) (Blank).
| ||||||
| 16 | (ii) Whether the services required by the court
and | ||||||
| 17 | by any service plan prepared within the prior 6 months
| ||||||
| 18 | have been provided and (A) if so, whether the services | ||||||
| 19 | were reasonably
calculated to facilitate the | ||||||
| 20 | achievement of the permanency goal or (B) if not
| ||||||
| 21 | provided, why the services were not provided.
| ||||||
| 22 | (iii) Whether the minor's placement is necessary, | ||||||
| 23 | and appropriate to the
plan and goal, recognizing the | ||||||
| 24 | right of minors to the least restrictive (most
| ||||||
| 25 | family-like) setting available and in close proximity | ||||||
| 26 | to the parents' home
consistent with the health, | ||||||
| |||||||
| |||||||
| 1 | safety, best interest and special needs of the
minor | ||||||
| 2 | and, if the minor is placed out-of-State, whether the | ||||||
| 3 | out-of-State
placement continues to be appropriate and | ||||||
| 4 | consistent with the health, safety,
and best interest | ||||||
| 5 | of the minor.
| ||||||
| 6 | (iv) (Blank).
| ||||||
| 7 | (v) (Blank).
| ||||||
| 8 | (4) The minor or any person interested in the minor may | ||||||
| 9 | apply to the
court for a change in custody of the minor and the | ||||||
| 10 | appointment of a new
custodian or guardian of the person or for | ||||||
| 11 | the restoration of the minor
to the custody of his parents or | ||||||
| 12 | former guardian or custodian.
| ||||||
| 13 | When return home is not selected as the permanency goal:
| ||||||
| 14 | (a) The Department, the minor, or the current
foster | ||||||
| 15 | parent or relative
caregiver seeking private guardianship | ||||||
| 16 | may file a motion for private
guardianship of the minor. | ||||||
| 17 | Appointment of a guardian under this Section
requires | ||||||
| 18 | approval of the court.
| ||||||
| 19 | (b) The State's Attorney may file a motion to terminate | ||||||
| 20 | parental rights of
any parent who has failed to make | ||||||
| 21 | reasonable efforts to correct the conditions
which led to | ||||||
| 22 | the removal of the child or reasonable progress toward the | ||||||
| 23 | return
of the child, as defined in subdivision (D)(m) of | ||||||
| 24 | Section 1 of the Adoption Act
or for whom any other | ||||||
| 25 | unfitness ground for terminating parental rights as
| ||||||
| 26 | defined in subdivision (D) of Section 1 of the Adoption Act | ||||||
| |||||||
| |||||||
| 1 | exists. | ||||||
| 2 | When parental rights have been terminated for a minimum | ||||||
| 3 | of 3 years and the child who is the subject of the | ||||||
| 4 | permanency hearing is 13 years old or older and is not | ||||||
| 5 | currently placed in a placement likely to achieve | ||||||
| 6 | permanency, the Department of
Children and Family Services | ||||||
| 7 | shall make reasonable efforts to locate parents whose | ||||||
| 8 | rights have been terminated, except when the Court | ||||||
| 9 | determines that those efforts would be futile or | ||||||
| 10 | inconsistent with the subject child's best interests. The | ||||||
| 11 | Department of
Children and Family Services shall assess the | ||||||
| 12 | appropriateness of the parent whose rights have been | ||||||
| 13 | terminated, and shall, as appropriate, foster and support | ||||||
| 14 | connections between the parent whose rights have been | ||||||
| 15 | terminated and the youth. The Department of
Children and | ||||||
| 16 | Family Services shall document its determinations and | ||||||
| 17 | efforts to foster connections in the child's case plan.
| ||||||
| 18 | Custody of the minor shall not be restored to any parent, | ||||||
| 19 | guardian or legal
custodian in any case in which the minor is | ||||||
| 20 | found to be neglected or abused
under Section 2-3 or dependent | ||||||
| 21 | under Section 2-4 of this Act, unless the
minor can be cared | ||||||
| 22 | for at home
without endangering his or her health or safety and | ||||||
| 23 | it is in the best
interest of the minor,
and if such neglect, | ||||||
| 24 | abuse, or dependency is found by the court
under paragraph (1) | ||||||
| 25 | of Section 2-21 of this Act to have come
about due to the acts | ||||||
| 26 | or omissions or both of such parent, guardian or legal
| ||||||
| |||||||
| |||||||
| 1 | custodian, until such time as an investigation is made as | ||||||
| 2 | provided in
paragraph (5) and a hearing is held on the issue of | ||||||
| 3 | the health,
safety and
best interest of the minor and the | ||||||
| 4 | fitness of such
parent, guardian or legal custodian to care for | ||||||
| 5 | the minor and the court
enters an order that such parent, | ||||||
| 6 | guardian or legal custodian is fit to
care for the minor. In | ||||||
| 7 | the event that the minor has attained 18 years
of age and the | ||||||
| 8 | guardian or custodian petitions the court for an order
| ||||||
| 9 | terminating his guardianship or custody, guardianship or | ||||||
| 10 | custody shall
terminate automatically 30 days after the receipt | ||||||
| 11 | of the petition unless
the court orders otherwise. No legal | ||||||
| 12 | custodian or guardian of the
person may be removed without his | ||||||
| 13 | consent until given notice and an
opportunity to be heard by | ||||||
| 14 | the court.
| ||||||
| 15 | When the court orders a child restored to the custody of | ||||||
| 16 | the parent or
parents, the court shall order the parent or | ||||||
| 17 | parents to cooperate with the
Department of Children and Family | ||||||
| 18 | Services and comply with the terms of an
after-care plan, or | ||||||
| 19 | risk the loss of custody of the child and possible
termination | ||||||
| 20 | of their parental rights. The court may also enter an order of
| ||||||
| 21 | protective supervision in accordance with Section 2-24.
| ||||||
| 22 | (5) Whenever a parent, guardian, or legal custodian files a | ||||||
| 23 | motion for
restoration of custody of the minor, and the minor | ||||||
| 24 | was adjudicated
neglected, abused, or dependent as a result of | ||||||
| 25 | physical abuse,
the court shall cause to be
made an | ||||||
| 26 | investigation as to whether the movant has ever been charged
| ||||||
| |||||||
| |||||||
| 1 | with or convicted of any criminal offense which would indicate | ||||||
| 2 | the
likelihood of any further physical abuse to the minor. | ||||||
| 3 | Evidence of such
criminal convictions shall be taken into | ||||||
| 4 | account in determining whether the
minor can be cared for at | ||||||
| 5 | home without endangering his or her health or safety
and | ||||||
| 6 | fitness of the parent, guardian, or legal custodian.
| ||||||
| 7 | (a) Any agency of this State or any subdivision thereof | ||||||
| 8 | shall
co-operate with the agent of the court in providing | ||||||
| 9 | any information
sought in the investigation.
| ||||||
| 10 | (b) The information derived from the investigation and | ||||||
| 11 | any
conclusions or recommendations derived from the | ||||||
| 12 | information shall be
provided to the parent, guardian, or | ||||||
| 13 | legal custodian seeking restoration
of custody prior to the | ||||||
| 14 | hearing on fitness and the movant shall have
an opportunity | ||||||
| 15 | at the hearing to refute the information or contest its
| ||||||
| 16 | significance.
| ||||||
| 17 | (c) All information obtained from any investigation | ||||||
| 18 | shall be confidential
as provided in Section 5-150 of this | ||||||
| 19 | Act.
| ||||||
| 20 | (Source: P.A. 96-600, eff. 8-21-09; 96-1375, eff. 7-29-10; | ||||||
| 21 | 97-425, eff. 8-16-11; 97-1076, eff. 8-24-12; revised | ||||||
| 22 | 11-22-13.)
| ||||||
| 23 | (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
| ||||||
| 24 | Sec. 3-12. Shelter care hearing. At the appearance of the
| ||||||
| 25 | minor before the court at the shelter care hearing, all
| ||||||
| |||||||
| |||||||
| 1 | witnesses present shall be examined before the court in | ||||||
| 2 | relation to any
matter connected with the allegations made in | ||||||
| 3 | the petition.
| ||||||
| 4 | (1) If the court finds that there is not probable cause to | ||||||
| 5 | believe
that the minor is a person requiring authoritative | ||||||
| 6 | intervention, it shall
release the minor and dismiss the | ||||||
| 7 | petition.
| ||||||
| 8 | (2) If the court finds that there is probable cause to | ||||||
| 9 | believe that the
minor is a person requiring authoritative | ||||||
| 10 | intervention, the minor, his or
her parent, guardian, custodian | ||||||
| 11 | and other persons able to give relevant
testimony shall be | ||||||
| 12 | examined before the court. After such testimony, the
court may | ||||||
| 13 | enter an order that the minor shall be released upon the | ||||||
| 14 | request
of a parent, guardian or custodian if the parent, | ||||||
| 15 | guardian or custodian
appears to take custody. Custodian shall | ||||||
| 16 | include any agency of the State
which has been given custody or | ||||||
| 17 | wardship of the child. The Court shall require
documentation by | ||||||
| 18 | representatives of the Department of Children and Family
| ||||||
| 19 | Services or the probation department as to the reasonable | ||||||
| 20 | efforts that were
made to prevent or eliminate the necessity of | ||||||
| 21 | removal of the minor from his
or her home, and shall consider | ||||||
| 22 | the testimony of any person as to those
reasonable efforts. If | ||||||
| 23 | the court finds that it is a
matter of immediate and urgent | ||||||
| 24 | necessity for the protection of the minor
or of the person or | ||||||
| 25 | property of another that the minor be
placed in a shelter care | ||||||
| 26 | facility, or that he or she is likely to flee the
jurisdiction | ||||||
| |||||||
| |||||||
| 1 | of the court, and further finds that reasonable efforts have
| ||||||
| 2 | been made or good cause has been shown why reasonable efforts | ||||||
| 3 | cannot
prevent or eliminate the necessity of removal of the | ||||||
| 4 | minor from his or her
home, the court may prescribe shelter | ||||||
| 5 | care and order that the minor be kept
in a suitable place | ||||||
| 6 | designated by the court or in a shelter care facility
| ||||||
| 7 | designated by the Department of Children and Family Services or | ||||||
| 8 | a licensed
child welfare agency; otherwise it shall release the | ||||||
| 9 | minor from custody.
If the court prescribes shelter care, then | ||||||
| 10 | in placing the minor, the
Department or other agency shall, to | ||||||
| 11 | the extent
compatible with the court's order, comply with | ||||||
| 12 | Section 7 of the Children and
Family Services Act. If
the minor | ||||||
| 13 | is ordered placed in a shelter care facility of the Department | ||||||
| 14 | of
Children and Family Services or a licensed child welfare | ||||||
| 15 | agency, the court
shall, upon request of the Department or | ||||||
| 16 | other agency, appoint the
Department of Children and Family | ||||||
| 17 | Services Guardianship Administrator or
other appropriate | ||||||
| 18 | agency executive temporary custodian of the minor and the
court | ||||||
| 19 | may enter such other orders related to the temporary custody as | ||||||
| 20 | it
deems fit and proper, including the provision of services to | ||||||
| 21 | the minor or
his family to ameliorate the causes contributing | ||||||
| 22 | to the finding of probable
cause or to the finding of the | ||||||
| 23 | existence of immediate and urgent necessity.
Acceptance of | ||||||
| 24 | services shall not be considered an admission of any
allegation | ||||||
| 25 | in a petition made pursuant to this Act, nor may a referral of
| ||||||
| 26 | services be considered as evidence in any proceeding pursuant | ||||||
| |||||||
| |||||||
| 1 | to this Act,
except where the issue is whether the Department | ||||||
| 2 | has made reasonable
efforts to reunite the family. In making | ||||||
| 3 | its findings that reasonable
efforts have been made or that | ||||||
| 4 | good cause has been shown why reasonable
efforts cannot prevent | ||||||
| 5 | or eliminate the necessity of removal of the minor
from his or | ||||||
| 6 | her home, the court shall state in writing its findings
| ||||||
| 7 | concerning the nature of the services that were offered or the | ||||||
| 8 | efforts that
were made to prevent removal of the child and the | ||||||
| 9 | apparent reasons that such
services or efforts could not | ||||||
| 10 | prevent the need for removal. The parents,
guardian, custodian, | ||||||
| 11 | temporary custodian and minor shall each be furnished
a copy of | ||||||
| 12 | such written findings. The temporary custodian shall maintain a
| ||||||
| 13 | copy of the court order and written findings in the case record | ||||||
| 14 | for the
child.
| ||||||
| 15 | The order together with the court's findings of fact and | ||||||
| 16 | support thereof
shall be entered of record in the court.
| ||||||
| 17 | Once the court finds that it is a matter of immediate and | ||||||
| 18 | urgent necessity
for the protection of the minor that the minor | ||||||
| 19 | be placed in a shelter care
facility, the minor shall not be | ||||||
| 20 | returned to the parent, custodian or guardian
until the court | ||||||
| 21 | finds that such placement is no longer necessary for the
| ||||||
| 22 | protection of the minor.
| ||||||
| 23 | (3) If prior to the shelter care hearing for a minor | ||||||
| 24 | described in
Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is | ||||||
| 25 | unable to serve notice on the
party respondent, the shelter | ||||||
| 26 | care hearing may proceed ex-parte. A shelter
care order from an | ||||||
| |||||||
| |||||||
| 1 | ex-parte hearing shall be endorsed with the date and
hour of | ||||||
| 2 | issuance and shall be filed with the clerk's office and entered | ||||||
| 3 | of
record. The order shall expire after 10 days from the time | ||||||
| 4 | it is issued
unless before its expiration it is renewed, at a | ||||||
| 5 | hearing upon appearance
of the party respondent, or upon an | ||||||
| 6 | affidavit of the moving party as to all
diligent efforts to | ||||||
| 7 | notify the party respondent by notice as herein
prescribed. The | ||||||
| 8 | notice prescribed shall be in writing and shall be
personally | ||||||
| 9 | delivered to the minor or the minor's attorney and to the last
| ||||||
| 10 | known address of the other person or persons entitled to | ||||||
| 11 | notice. The
notice shall also state the nature of the | ||||||
| 12 | allegations, the nature of the
order sought by the State, | ||||||
| 13 | including whether temporary custody is sought,
and the | ||||||
| 14 | consequences of failure to appear; and shall explain the right | ||||||
| 15 | of
the parties and the procedures to vacate or modify a shelter | ||||||
| 16 | care order as
provided in this Section. The notice for a | ||||||
| 17 | shelter care hearing shall be
substantially as follows:
| ||||||
| 18 | NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
| ||||||
| 19 | On ................ at ........., before the Honorable
| ||||||
| 20 | ................, (address:) ................., the State of | ||||||
| 21 | Illinois will
present evidence (1) that (name of child or | ||||||
| 22 | children)
....................... are abused, neglected or | ||||||
| 23 | dependent for the following reasons:
| ||||||
| 24 | .............................................................
| ||||||
| 25 | and (2) that there is "immediate and urgent necessity" to | ||||||
| 26 | remove the child
or children from the responsible relative.
| ||||||
| |||||||
| |||||||
| 1 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
| 2 | PLACEMENT of the
child or children in foster care until a trial | ||||||
| 3 | can be held. A trial may
not be held for up to 90 days.
| ||||||
| 4 | At the shelter care hearing, parents have the following | ||||||
| 5 | rights:
| ||||||
| 6 | 1. To ask the court to appoint a lawyer if they cannot | ||||||
| 7 | afford one.
| ||||||
| 8 | 2. To ask the court to continue the hearing to allow | ||||||
| 9 | them time to prepare.
| ||||||
| 10 | 3. To present evidence concerning:
| ||||||
| 11 | a. Whether or not the child or children were | ||||||
| 12 | abused, neglected or dependent.
| ||||||
| 13 | b. Whether or not there is "immediate and urgent | ||||||
| 14 | necessity" to remove
the child from home (including: | ||||||
| 15 | their ability to care for the child,
conditions in the | ||||||
| 16 | home, alternative means of protecting the child
other | ||||||
| 17 | than removal).
| ||||||
| 18 | c. The best interests of the child.
| ||||||
| 19 | 4. To cross examine the State's witnesses.
| ||||||
| 20 | The Notice for rehearings shall be substantially as | ||||||
| 21 | follows:
| ||||||
| 22 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||||||
| 23 | TO REHEARING ON TEMPORARY CUSTODY
| ||||||
| 24 | If you were not present at and did not have adequate notice | ||||||
| 25 | of the
Shelter Care Hearing at which temporary custody of | ||||||
| 26 | ............... was
awarded to ................, you have the | ||||||
| |||||||
| |||||||
| 1 | right to request a full rehearing
on whether the State should | ||||||
| 2 | have temporary custody of ................. To
request this | ||||||
| 3 | rehearing, you must file with the Clerk of the Juvenile Court
| ||||||
| 4 | (address): ........................, in person or by mailing a | ||||||
| 5 | statement
(affidavit) setting forth the following:
| ||||||
| 6 | 1. That you were not present at the shelter care | ||||||
| 7 | hearing.
| ||||||
| 8 | 2. That you did not get adequate notice (explaining how | ||||||
| 9 | the notice
was inadequate).
| ||||||
| 10 | 3. Your signature.
| ||||||
| 11 | 4. Signature must be notarized.
| ||||||
| 12 | The rehearing should be scheduled within one day of your | ||||||
| 13 | filing this
affidavit.
| ||||||
| 14 | At the rehearing, your rights are the same as at the | ||||||
| 15 | initial shelter care
hearing. The enclosed notice explains | ||||||
| 16 | those rights.
| ||||||
| 17 | At the Shelter Care Hearing, children have the following | ||||||
| 18 | rights:
| ||||||
| 19 | 1. To have a guardian ad litem appointed.
| ||||||
| 20 | 2. To be declared competent as a witness and to present | ||||||
| 21 | testimony
concerning:
| ||||||
| 22 | a. Whether they are abused, neglected or | ||||||
| 23 | dependent.
| ||||||
| 24 | b. Whether there is "immediate and urgent | ||||||
| 25 | necessity" to be
removed from home.
| ||||||
| 26 | c. Their best interests.
| ||||||
| |||||||
| |||||||
| 1 | 3. To cross examine witnesses for other parties.
| ||||||
| 2 | 4. To obtain an explanation of any proceedings and | ||||||
| 3 | orders of the court.
| ||||||
| 4 | (4) If the parent, guardian, legal custodian, responsible | ||||||
| 5 | relative, or
counsel of the minor did not have actual notice of | ||||||
| 6 | or was not present at
the shelter care hearing, he or she may | ||||||
| 7 | file an affidavit setting forth
these facts, and the clerk | ||||||
| 8 | shall set the matter for rehearing not later
than 48 hours, | ||||||
| 9 | excluding Sundays and legal holidays, after the filing of
the | ||||||
| 10 | affidavit. At the rehearing, the court shall proceed in the | ||||||
| 11 | same manner
as upon the original hearing.
| ||||||
| 12 | (5) Only when there is reasonable cause to believe that the | ||||||
| 13 | minor taken
into custody is a person described in subsection | ||||||
| 14 | (3) of Section 5-105 may the minor
be kept or
detained in a | ||||||
| 15 | detention home or county or municipal jail. This Section
shall | ||||||
| 16 | in no way be construed to limit subsection (6).
| ||||||
| 17 | (6) No minor under 16 years of age may be confined in a | ||||||
| 18 | jail or place
ordinarily used for the confinement of prisoners | ||||||
| 19 | in a police station. Minors
under 18 years of age must be kept | ||||||
| 20 | separate from confined adults and may
not at any time be kept | ||||||
| 21 | in the same cell, room, or yard with adults confined
pursuant | ||||||
| 22 | to the criminal law.
| ||||||
| 23 | (7) If the minor is not brought before a judicial officer | ||||||
| 24 | within the
time period specified in Section 3-11, the minor | ||||||
| 25 | must immediately be
released from custody.
| ||||||
| 26 | (8) If neither the parent, guardian or custodian appears | ||||||
| |||||||
| |||||||
| 1 | within 24
hours to take custody of a minor released upon | ||||||
| 2 | request pursuant to
subsection (2) of this Section, then the | ||||||
| 3 | clerk of the court shall set the
matter for rehearing not later | ||||||
| 4 | than 7 days after the original order and
shall issue a summons | ||||||
| 5 | directed to the parent, guardian or custodian to
appear. At the | ||||||
| 6 | same time the probation department shall prepare a report
on | ||||||
| 7 | the minor. If a parent, guardian or custodian does not appear | ||||||
| 8 | at such
rehearing, the judge may enter an order prescribing | ||||||
| 9 | that the minor be kept
in a suitable place designated by the | ||||||
| 10 | Department of Children and Family
Services or a licensed child | ||||||
| 11 | welfare agency.
| ||||||
| 12 | (9) Notwithstanding any other provision of this Section, | ||||||
| 13 | any interested
party, including the State, the temporary | ||||||
| 14 | custodian, an agency providing
services to the minor or family | ||||||
| 15 | under a service plan pursuant to Section
8.2 of the Abused and | ||||||
| 16 | Neglected Child Reporting Act, foster parent, or any
of their | ||||||
| 17 | representatives, on notice to all parties entitled to notice, | ||||||
| 18 | may
file a motion to modify or vacate a temporary custody order | ||||||
| 19 | on any of the
following grounds:
| ||||||
| 20 | (a) It is no longer a matter of immediate and urgent | ||||||
| 21 | necessity that the
minor remain in shelter care; or
| ||||||
| 22 | (b) There is a material change in the circumstances of | ||||||
| 23 | the natural
family from which the minor was removed; or
| ||||||
| 24 | (c) A person, including a parent, relative or legal | ||||||
| 25 | guardian, is
capable of assuming temporary custody of the | ||||||
| 26 | minor; or
| ||||||
| |||||||
| |||||||
| 1 | (d) Services provided by the Department of Children and | ||||||
| 2 | Family Services
or a child welfare agency or other service | ||||||
| 3 | provider have been successful in
eliminating the need for | ||||||
| 4 | temporary custody.
| ||||||
| 5 | The clerk shall set the matter for hearing not later than | ||||||
| 6 | 14 days after
such motion is filed. In the event that the court | ||||||
| 7 | modifies or vacates a
temporary custody order but does not | ||||||
| 8 | vacate its finding of probable cause,
the court may order that | ||||||
| 9 | appropriate services be continued or initiated in
behalf of the | ||||||
| 10 | minor and his or her family.
| ||||||
| 11 | (10) The changes made to this Section by Public Act 98-61 | ||||||
| 12 | this amendatory Act of
the 98th General Assembly apply to a | ||||||
| 13 | minor who has been
arrested or taken into custody on or after | ||||||
| 14 | January 1, 2014 (the effective date
of Public Act 98-61) this | ||||||
| 15 | amendatory Act. | ||||||
| 16 | (Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
| ||||||
| 17 | (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
| ||||||
| 18 | Sec. 4-9. Shelter care hearing. At the appearance of the
| ||||||
| 19 | minor before the court at the shelter care hearing, all
| ||||||
| 20 | witnesses present shall be examined before the court in | ||||||
| 21 | relation to any
matter connected with the allegations made in | ||||||
| 22 | the petition.
| ||||||
| 23 | (1) If the court finds that there is not probable cause to | ||||||
| 24 | believe that
the minor is addicted, it shall release the minor | ||||||
| 25 | and dismiss the petition.
| ||||||
| |||||||
| |||||||
| 1 | (2) If the court finds that there is probable cause to | ||||||
| 2 | believe that the
minor is addicted, the minor, his or
her | ||||||
| 3 | parent, guardian, custodian and other persons able to give | ||||||
| 4 | relevant
testimony shall be examined before the court. After | ||||||
| 5 | such testimony, the
court may enter an order that the minor | ||||||
| 6 | shall be released
upon the request of a parent, guardian or | ||||||
| 7 | custodian if the parent, guardian
or custodian appears to take | ||||||
| 8 | custody
and agrees to abide by a court order
which requires the | ||||||
| 9 | minor and his or her parent, guardian, or legal custodian
to
| ||||||
| 10 | complete an evaluation by an entity licensed by the Department | ||||||
| 11 | of Human
Services, as the successor to
the Department of | ||||||
| 12 | Alcoholism and Substance Abuse, and complete
any treatment | ||||||
| 13 | recommendations indicated by the assessment. Custodian shall
| ||||||
| 14 | include any agency
of the State which has been given custody or | ||||||
| 15 | wardship of the child.
| ||||||
| 16 | The Court shall require
documentation by representatives | ||||||
| 17 | of the Department of Children and Family
Services or the | ||||||
| 18 | probation department as to the reasonable efforts that were
| ||||||
| 19 | made to prevent or eliminate the necessity of removal of the | ||||||
| 20 | minor from his
or her home, and shall consider the testimony of | ||||||
| 21 | any person as to those
reasonable efforts. If the court finds | ||||||
| 22 | that it is a
matter of immediate and urgent necessity for the | ||||||
| 23 | protection of the minor
or of the person or property of another | ||||||
| 24 | that the minor be or
placed in a shelter care facility or that | ||||||
| 25 | he or she is likely to flee the
jurisdiction of the court, and | ||||||
| 26 | further, finds that reasonable efforts
have been made or good | ||||||
| |||||||
| |||||||
| 1 | cause has been shown why reasonable efforts cannot
prevent or | ||||||
| 2 | eliminate the necessity of removal of the minor from his or her
| ||||||
| 3 | home, the court may prescribe shelter care
and order that the | ||||||
| 4 | minor be kept in a suitable place designated by the
court or in | ||||||
| 5 | a shelter care facility designated by the Department of
| ||||||
| 6 | Children and Family Services or a licensed child welfare | ||||||
| 7 | agency, or
in a facility or program licensed by the Department | ||||||
| 8 | of Human
Services for shelter and treatment services;
otherwise | ||||||
| 9 | it shall release the minor from custody. If the court | ||||||
| 10 | prescribes
shelter care, then in placing the minor, the | ||||||
| 11 | Department or other agency shall,
to the extent compatible with | ||||||
| 12 | the court's order, comply with Section 7 of the
Children and | ||||||
| 13 | Family Services Act. If the minor is ordered placed in a | ||||||
| 14 | shelter
care facility of the Department of Children and Family | ||||||
| 15 | Services or a licensed
child welfare agency, or in
a facility | ||||||
| 16 | or program licensed by the Department of Human
Services for
| ||||||
| 17 | shelter and treatment
services, the court shall, upon request | ||||||
| 18 | of the appropriate
Department or other agency, appoint the | ||||||
| 19 | Department of Children and Family
Services Guardianship | ||||||
| 20 | Administrator or other appropriate agency executive
temporary | ||||||
| 21 | custodian of the minor and the court may enter such other | ||||||
| 22 | orders
related to the temporary custody as it deems fit and | ||||||
| 23 | proper, including
the provision of services to the minor or his | ||||||
| 24 | family to ameliorate the
causes contributing to the finding of | ||||||
| 25 | probable cause or to the finding of
the existence of immediate | ||||||
| 26 | and urgent necessity. Acceptance of services
shall not be | ||||||
| |||||||
| |||||||
| 1 | considered an admission of any allegation in a petition made
| ||||||
| 2 | pursuant to this Act, nor may a referral of services be | ||||||
| 3 | considered as
evidence in any proceeding pursuant to this Act, | ||||||
| 4 | except where the issue is
whether the Department has made | ||||||
| 5 | reasonable efforts to reunite the family.
In making its | ||||||
| 6 | findings that reasonable efforts have been made or that good
| ||||||
| 7 | cause has been shown why reasonable efforts cannot prevent or | ||||||
| 8 | eliminate the
necessity of removal of the minor from his or her | ||||||
| 9 | home, the court shall
state in writing its findings concerning | ||||||
| 10 | the nature of the services that
were offered or the efforts | ||||||
| 11 | that were made to prevent removal of the child
and the apparent | ||||||
| 12 | reasons that such
services or efforts could not prevent the | ||||||
| 13 | need for removal. The parents,
guardian, custodian, temporary | ||||||
| 14 | custodian and minor shall each be furnished
a copy of such | ||||||
| 15 | written findings. The temporary custodian shall maintain a
copy | ||||||
| 16 | of the court order and written findings in the case record for | ||||||
| 17 | the
child. The order together with the court's findings of fact | ||||||
| 18 | in support
thereof shall be entered of record in the court.
| ||||||
| 19 | Once the court finds that it is a matter of immediate and | ||||||
| 20 | urgent necessity
for the protection of the minor that the minor | ||||||
| 21 | be placed in a shelter care
facility, the minor shall not be | ||||||
| 22 | returned to the parent, custodian or guardian
until the court | ||||||
| 23 | finds that such placement is no longer necessary for the
| ||||||
| 24 | protection of the minor.
| ||||||
| 25 | (3) If neither the parent, guardian, legal custodian, | ||||||
| 26 | responsible
relative nor counsel of the minor has had actual | ||||||
| |||||||
| |||||||
| 1 | notice of or is present
at the shelter care hearing, he or she | ||||||
| 2 | may file his or her
affidavit setting forth these facts, and | ||||||
| 3 | the clerk shall set the matter for
rehearing not later than 24 | ||||||
| 4 | hours, excluding Sundays and legal holidays,
after the filing | ||||||
| 5 | of the affidavit. At the rehearing, the court shall
proceed in | ||||||
| 6 | 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 the | ||||||
| 11 | minor taken
into custody is a person described in subsection | ||||||
| 12 | (3) of Section 5-105 may the minor be kept or
detained in a | ||||||
| 13 | detention home or county or municipal jail. This Section
shall | ||||||
| 14 | 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 to | ||||||
| 20 | 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 the | ||||||
| |||||||
| |||||||
| 1 | same time the probation department shall prepare a report
on | ||||||
| 2 | the minor. If a parent, guardian or custodian does not appear | ||||||
| 3 | at such
rehearing, the judge may enter an order prescribing | ||||||
| 4 | that the minor be kept
in a suitable place designated by the | ||||||
| 5 | Department of Children and Family
Services or a licensed child | ||||||
| 6 | 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 any | ||||||
| 11 | of their representatives, may file a
motion to modify or vacate | ||||||
| 12 | a temporary custody order on any of the following
grounds:
| ||||||
| 13 | (a) It is no longer a matter of immediate and urgent | ||||||
| 14 | necessity that the
minor remain in shelter care; or
| ||||||
| 15 | (b) There is a material change in the circumstances of | ||||||
| 16 | the natural
family from which the minor was removed; or
| ||||||
| 17 | (c) A person, including a parent, relative or legal | ||||||
| 18 | guardian, is capable
of assuming temporary custody of the | ||||||
| 19 | minor; or
| ||||||
| 20 | (d) Services provided by the Department of Children and | ||||||
| 21 | Family Services
or a child welfare agency or other service | ||||||
| 22 | provider have been successful in
eliminating the need for | ||||||
| 23 | temporary custody.
| ||||||
| 24 | The clerk shall set the matter for hearing not later than | ||||||
| 25 | 14 days after
such motion is filed. In the event that the court | ||||||
| 26 | modifies or vacates a
temporary custody order but does not | ||||||
| |||||||
| |||||||
| 1 | vacate its finding of probable cause,
the court may order that | ||||||
| 2 | appropriate services be continued or initiated in
behalf of the | ||||||
| 3 | minor and his or her family.
| ||||||
| 4 | (9) The changes made to this Section by Public Act 98-61 | ||||||
| 5 | this amendatory Act of
the 98th General Assembly apply to a | ||||||
| 6 | minor who has been
arrested or taken into custody on or after | ||||||
| 7 | January 1, 2014 (the effective date
of Public Act 98-61) this | ||||||
| 8 | amendatory Act. | ||||||
| 9 | (Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
| ||||||
| 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 his | ||||||
| 10 | or her 18th birthday has violated or attempted to violate, | ||||||
| 11 | regardless of where the act occurred, any federal, State, | ||||||
| 12 | county or municipal law or 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 who | ||||||
| 17 | is alleged to be or
has been adjudicated
delinquent and who | ||||||
| 18 | requires secure custody for the minor's own
protection or | ||||||
| 19 | the community's protection in a facility designed to | ||||||
| 20 | physically
restrict the minor's movements, pending | ||||||
| 21 | disposition by the court or
execution of an order of the | ||||||
| 22 | court for placement or commitment. Design
features that | ||||||
| 23 | physically restrict movement include, but are not limited | ||||||
| 24 | to,
locked rooms and the secure handcuffing of a minor to a | ||||||
| 25 | rail or other
stationary object. In addition, "detention" | ||||||
| 26 | includes the court ordered
care of an alleged or | ||||||
| |||||||
| |||||||
| 1 | adjudicated delinquent minor who requires secure
custody | ||||||
| 2 | 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 promulgated by
the Department | ||||||
| 11 | of Corrections.
| ||||||
| 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 governmental | ||||||
| |||||||
| |||||||
| 1 | entities, public or private for-profit or not-for-profit
| ||||||
| 2 | organizations, or religious or charitable organizations. | ||||||
| 3 | This term would also
encompass any program or service | ||||||
| 4 | consistent with the purpose of those programs
and services | ||||||
| 5 | 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 his or her chief law enforcement officer and has | ||||||
| 10 | 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 State
| ||||||
| 14 | 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 of | ||||||
| 2 | the
offender, environmental quality or the social welfare | ||||||
| 3 | and which agrees to
accept public or community service from | ||||||
| 4 | offenders and to report on the progress
of the offender and | ||||||
| 5 | the public or community service to the court or to the
| ||||||
| 6 | authorized diversion program that has referred the | ||||||
| 7 | offender for public or
community
service.
| ||||||
| 8 | (13) "Sentencing hearing" means a hearing to determine | ||||||
| 9 | whether a minor
should
be adjudged a ward of the court, and | ||||||
| 10 | to determine what sentence should be
imposed on the minor. | ||||||
| 11 | It is the intent of the General Assembly that the term
| ||||||
| 12 | "sentencing hearing" replace the term "dispositional | ||||||
| 13 | hearing" and be synonymous
with that definition as it was | ||||||
| 14 | used in the Juvenile Court Act of 1987.
| ||||||
| 15 | (14) "Shelter" means the temporary care of a minor in | ||||||
| 16 | physically
unrestricting facilities pending court | ||||||
| 17 | disposition or execution of court order
for placement.
| ||||||
| 18 | (15) "Site" means a not-for-profit organization, | ||||||
| 19 | public
body, church, charitable organization, or | ||||||
| 20 | individual agreeing to
accept
community service from | ||||||
| 21 | offenders and to report on the progress of ordered or
| ||||||
| 22 | required public or community service to the court or to the | ||||||
| 23 | authorized
diversion program that has referred the | ||||||
| 24 | offender for public or community
service.
| ||||||
| 25 | (16) "Station adjustment" means the informal or formal | ||||||
| 26 | handling of an
alleged
offender by a juvenile police | ||||||
| |||||||
| |||||||
| 1 | officer.
| ||||||
| 2 | (17) "Trial" means a hearing to determine whether the | ||||||
| 3 | allegations of a
petition under Section 5-520 that a minor | ||||||
| 4 | is delinquent are proved beyond a
reasonable doubt. It is | ||||||
| 5 | the intent of the General Assembly that the term
"trial" | ||||||
| 6 | replace the term "adjudicatory hearing" and be synonymous | ||||||
| 7 | with that
definition as it was used in the Juvenile Court | ||||||
| 8 | Act of 1987.
| ||||||
| 9 | The changes made to this Section by Public Act 98-61 this | ||||||
| 10 | amendatory Act of the 98th General Assembly apply to violations | ||||||
| 11 | or attempted violations committed on or after January 1, 2014 | ||||||
| 12 | (the effective date of Public Act 98-61) this amendatory Act. | ||||||
| 13 | (Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; revised | ||||||
| 14 | 1-21-14.)
| ||||||
| 15 | (705 ILCS 405/5-130)
| ||||||
| 16 | Sec. 5-130. Excluded jurisdiction.
| ||||||
| 17 | (1)(a) The definition of delinquent minor under Section | ||||||
| 18 | 5-120 of this
Article shall not apply to any minor who at the | ||||||
| 19 | time of an offense was at
least 15 years of age and who is | ||||||
| 20 | charged with: (i) first degree murder, (ii) aggravated
criminal | ||||||
| 21 | sexual assault, (iii) aggravated battery with a firearm as | ||||||
| 22 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
| 23 | (e)(3), or (e)(4) of Section 12-3.05
where the minor personally | ||||||
| 24 | discharged a firearm as defined in Section 2-15.5 of the | ||||||
| 25 | Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed | ||||||
| |||||||
| |||||||
| 1 | robbery when the
armed robbery was committed with a firearm, or | ||||||
| 2 | (v)
aggravated vehicular hijacking
when the hijacking was | ||||||
| 3 | committed with a firearm.
| ||||||
| 4 | These charges and all other charges arising out of the same | ||||||
| 5 | incident shall
be prosecuted under the criminal laws of this | ||||||
| 6 | State.
| ||||||
| 7 | (b)(i) If before trial or plea an information or indictment | ||||||
| 8 | is filed that
does not charge an offense specified in paragraph | ||||||
| 9 | (a) of this subsection
(1) the State's Attorney may proceed on | ||||||
| 10 | any lesser charge or charges, but
only in Juvenile Court under | ||||||
| 11 | the provisions of this Article. The State's
Attorney may | ||||||
| 12 | proceed on a lesser charge if
before trial the minor defendant | ||||||
| 13 | knowingly and with advice of counsel waives,
in writing, his or | ||||||
| 14 | her right to have the matter proceed in Juvenile Court.
| ||||||
| 15 | (ii) If before trial or plea an information or indictment | ||||||
| 16 | is filed that
includes one or more charges specified in | ||||||
| 17 | paragraph (a) of this subsection
(1) and
additional charges | ||||||
| 18 | that are not specified in that paragraph, all of the charges
| ||||||
| 19 | arising out of the same incident shall be prosecuted under the | ||||||
| 20 | Criminal Code of
1961 or the Criminal Code of 2012.
| ||||||
| 21 | (c)(i) If after trial or plea the minor is convicted of any | ||||||
| 22 | offense
covered by paragraph (a) of this subsection (1), then, | ||||||
| 23 | in sentencing the minor,
the court shall have available any or | ||||||
| 24 | all dispositions prescribed for that
offense under Chapter V of | ||||||
| 25 | the Unified Code of Corrections.
| ||||||
| 26 | (ii) If after trial or plea the court finds that the minor | ||||||
| |||||||
| |||||||
| 1 | committed an
offense not covered by paragraph (a) of this | ||||||
| 2 | subsection (1), that finding shall
not invalidate the verdict | ||||||
| 3 | or the prosecution of the minor under the criminal
laws of the | ||||||
| 4 | State; however, unless the State requests a hearing for the
| ||||||
| 5 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
| 6 | Code of
Corrections, the Court must proceed under Sections | ||||||
| 7 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
| 8 | State must file a written motion within 10
days following the | ||||||
| 9 | entry of a finding or the return of a verdict. Reasonable
| ||||||
| 10 | notice of the motion shall be given to the minor or his or her | ||||||
| 11 | counsel.
If the motion is made by the State, the court shall | ||||||
| 12 | conduct a hearing to
determine if the minor should be sentenced | ||||||
| 13 | under Chapter V of the Unified Code
of Corrections. In making | ||||||
| 14 | its determination, the court shall consider among
other | ||||||
| 15 | matters: (a) whether there is
evidence that the offense was | ||||||
| 16 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
| 17 | of the minor; (c) the previous history of the
minor; (d) | ||||||
| 18 | whether there are facilities particularly available to the | ||||||
| 19 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
| 20 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
| 21 | security of the public requires sentencing under Chapter V of | ||||||
| 22 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
| 23 | possessed a deadly
weapon when committing the offense. The | ||||||
| 24 | rules of evidence shall be the same as
if at trial. If after | ||||||
| 25 | the hearing the court finds that the minor should be
sentenced | ||||||
| 26 | under Chapter V of the Unified Code of Corrections, then the | ||||||
| |||||||
| |||||||
| 1 | court
shall sentence the minor accordingly having available to | ||||||
| 2 | it any or all
dispositions so prescribed.
| ||||||
| 3 | (2) (Blank).
| ||||||
| 4 | (3)(a) The definition of delinquent minor under Section
| ||||||
| 5 | 5-120 of this
Article shall not apply to any minor who at the | ||||||
| 6 | time of the offense was at
least 15 years of age and who is | ||||||
| 7 | charged with a violation of the provisions of
paragraph (1), | ||||||
| 8 | (3), (4), or (10) of subsection (a) of Section 24-1 of the
| ||||||
| 9 | Criminal Code of 1961 or the Criminal Code of 2012 while in | ||||||
| 10 | school, regardless of the time of day or the
time of year, or | ||||||
| 11 | on the real property comprising any school, regardless of the
| ||||||
| 12 | time of day or the time of year. School is defined, for | ||||||
| 13 | purposes of this
Section as any public or private elementary or | ||||||
| 14 | secondary school, community
college, college, or university. | ||||||
| 15 | These charges and all other charges arising
out of the same | ||||||
| 16 | incident shall be prosecuted under the criminal laws of this
| ||||||
| 17 | State.
| ||||||
| 18 | (b)(i) If before trial or plea an information or indictment | ||||||
| 19 | is filed that
does not charge an offense specified in paragraph | ||||||
| 20 | (a) of this subsection (3)
the State's Attorney may proceed on | ||||||
| 21 | any lesser charge or charges, but only in
Juvenile Court under | ||||||
| 22 | the provisions of this Article. The State's Attorney may
| ||||||
| 23 | proceed under the criminal laws of this State on a lesser | ||||||
| 24 | charge if before
trial the minor defendant knowingly and with | ||||||
| 25 | advice of counsel waives, in
writing, his or her right to have | ||||||
| 26 | the matter proceed in Juvenile Court.
| ||||||
| |||||||
| |||||||
| 1 | (ii) If before trial or plea an information or indictment | ||||||
| 2 | is filed that
includes one or more charges specified in | ||||||
| 3 | paragraph (a) of this subsection (3)
and additional charges | ||||||
| 4 | that are not specified in that paragraph, all of the
charges | ||||||
| 5 | arising out of the same incident shall be prosecuted under the | ||||||
| 6 | criminal
laws of this State.
| ||||||
| 7 | (c)(i) If after trial or plea the minor is convicted of any | ||||||
| 8 | offense
covered by paragraph (a) of this subsection (3), then, | ||||||
| 9 | in sentencing the minor,
the court shall have available any or | ||||||
| 10 | all dispositions prescribed for that
offense under Chapter V of | ||||||
| 11 | the Unified Code of Corrections.
| ||||||
| 12 | (ii) If after trial or plea the court finds that the minor | ||||||
| 13 | committed an
offense not covered by paragraph (a) of this | ||||||
| 14 | subsection (3), that finding shall
not invalidate the verdict | ||||||
| 15 | or the prosecution of the minor under the criminal
laws of the | ||||||
| 16 | State; however, unless the State requests a hearing for the
| ||||||
| 17 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
| 18 | Code of
Corrections, the Court must proceed under Sections | ||||||
| 19 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
| 20 | State must file a written motion within 10
days following the | ||||||
| 21 | entry of a finding or the return of a verdict. Reasonable
| ||||||
| 22 | notice of the motion shall be given to the minor or his or her | ||||||
| 23 | counsel. If the
motion is made by the State, the court shall | ||||||
| 24 | conduct a hearing to determine if
the minor should be sentenced | ||||||
| 25 | under Chapter V of the Unified Code of
Corrections. In making | ||||||
| 26 | its determination, the court shall consider
among other | ||||||
| |||||||
| |||||||
| 1 | matters: (a) whether there is
evidence that the offense was | ||||||
| 2 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
| 3 | of the minor; (c) the previous history of the
minor; (d) | ||||||
| 4 | whether there are facilities particularly available to the | ||||||
| 5 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
| 6 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
| 7 | security of the public requires sentencing under Chapter V of | ||||||
| 8 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
| 9 | possessed a deadly
weapon when committing the offense. The | ||||||
| 10 | rules of evidence shall be the same as
if at trial. If after | ||||||
| 11 | the hearing the court finds that the minor should be
sentenced | ||||||
| 12 | under Chapter V of the Unified Code of Corrections, then the | ||||||
| 13 | court
shall sentence the minor accordingly having available to | ||||||
| 14 | it any or all
dispositions so prescribed.
| ||||||
| 15 | (4)(a) The definition of delinquent minor under Section | ||||||
| 16 | 5-120 of this
Article
shall not apply to any minor who at the | ||||||
| 17 | time of an offense was at least 13
years of age and who is | ||||||
| 18 | charged with first degree murder committed during the
course of | ||||||
| 19 | either aggravated criminal sexual assault, criminal sexual | ||||||
| 20 | assault,
or aggravated kidnaping. However, this subsection (4) | ||||||
| 21 | does not include a minor
charged with first degree murder based | ||||||
| 22 | exclusively upon the accountability
provisions of the Criminal | ||||||
| 23 | Code of 1961 or the Criminal Code of 2012.
| ||||||
| 24 | (b)(i) If before trial or plea an information or indictment | ||||||
| 25 | is filed that
does not charge first degree murder committed | ||||||
| 26 | during the course of aggravated
criminal sexual assault, | ||||||
| |||||||
| |||||||
| 1 | criminal
sexual assault, or aggravated kidnaping, the State's | ||||||
| 2 | Attorney may proceed on
any lesser charge or charges, but only | ||||||
| 3 | in Juvenile Court under the provisions
of this Article. The | ||||||
| 4 | State's Attorney may proceed under the criminal laws of
this | ||||||
| 5 | State
on a lesser charge if before trial the minor defendant | ||||||
| 6 | knowingly and with
advice of counsel waives, in writing, his or | ||||||
| 7 | her right to have the matter
proceed in Juvenile Court.
| ||||||
| 8 | (ii) If before trial or plea an information or
indictment | ||||||
| 9 | is filed that includes first degree murder committed during the
| ||||||
| 10 | course of aggravated criminal sexual assault, criminal sexual | ||||||
| 11 | assault, or
aggravated kidnaping, and additional charges that | ||||||
| 12 | are not specified in
paragraph (a) of this subsection, all of | ||||||
| 13 | the charges arising out of the same
incident shall be | ||||||
| 14 | prosecuted under the criminal laws of this State.
| ||||||
| 15 | (c)(i) If after trial or plea the minor is convicted of | ||||||
| 16 | first degree
murder
committed during the course of aggravated | ||||||
| 17 | criminal sexual assault, criminal
sexual assault, or | ||||||
| 18 | aggravated kidnaping, in sentencing the minor, the court
shall | ||||||
| 19 | have available any or all dispositions prescribed for that | ||||||
| 20 | offense under
Chapter V of the Unified Code of Corrections.
| ||||||
| 21 | (ii) If the minor was not yet 15
years of age at the time of | ||||||
| 22 | the offense, and if after trial or plea the court
finds that | ||||||
| 23 | the minor
committed an offense other than first degree murder | ||||||
| 24 | committed during
the course of either aggravated criminal | ||||||
| 25 | sexual assault, criminal sexual
assault, or aggravated | ||||||
| 26 | kidnapping, the finding shall not invalidate the
verdict or the | ||||||
| |||||||
| |||||||
| 1 | prosecution of the minor under the criminal laws of the State;
| ||||||
| 2 | however, unless the State requests a hearing for the purpose of | ||||||
| 3 | sentencing the
minor under
Chapter V of the Unified Code of | ||||||
| 4 | Corrections, the Court must proceed under
Sections 5-705 and | ||||||
| 5 | 5-710 of this Article. To request a hearing, the State must
| ||||||
| 6 | file a written motion within 10 days following the entry of a | ||||||
| 7 | finding or the
return of a verdict. Reasonable notice of the | ||||||
| 8 | motion shall be given to the
minor or his or her counsel. If | ||||||
| 9 | the motion is made by the State, the court
shall conduct a | ||||||
| 10 | hearing to determine whether the minor should be sentenced
| ||||||
| 11 | under Chapter V of the
Unified Code of Corrections. In making | ||||||
| 12 | its determination, the court shall
consider among other | ||||||
| 13 | matters: (a) whether there is evidence that the offense
was | ||||||
| 14 | committed in an
aggressive and premeditated manner; (b) the age | ||||||
| 15 | of the minor; (c) the
previous delinquent history of the minor; | ||||||
| 16 | (d) whether there are facilities
particularly available to the | ||||||
| 17 | Juvenile Court or the Department of Juvenile Justice
for the | ||||||
| 18 | treatment and rehabilitation of the minor; (e) whether the best
| ||||||
| 19 | interest of the minor and the security of the public require | ||||||
| 20 | sentencing under
Chapter V of the Unified Code of Corrections; | ||||||
| 21 | and (f) whether the minor
possessed a deadly weapon when | ||||||
| 22 | committing the offense. The rules of evidence
shall be the same | ||||||
| 23 | as if at trial. If after the hearing the court finds that
the | ||||||
| 24 | minor should be sentenced under Chapter V of the Unified Code | ||||||
| 25 | of
Corrections, then the court shall sentence the minor | ||||||
| 26 | accordingly having
available to it any or all dispositions so | ||||||
| |||||||
| |||||||
| 1 | prescribed.
| ||||||
| 2 | (5)(a) The definition of delinquent minor under Section | ||||||
| 3 | 5-120 of this
Article
shall not apply to any minor who is | ||||||
| 4 | charged with a violation of subsection (a)
of Section 31-6 or | ||||||
| 5 | Section 32-10 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 6 | of 2012 when the minor is
subject to prosecution under the | ||||||
| 7 | criminal laws of this State as a result of the
application of | ||||||
| 8 | the provisions of Section 5-125, or subsection (1) or (2) of
| ||||||
| 9 | this Section. These charges and all other charges arising out | ||||||
| 10 | of the same
incident shall be prosecuted under the criminal | ||||||
| 11 | laws of this State.
| ||||||
| 12 | (b)(i) If before trial or plea an information or indictment | ||||||
| 13 | is filed that
does not charge an offense specified in paragraph | ||||||
| 14 | (a) of this subsection (5),
the State's Attorney may proceed on | ||||||
| 15 | any lesser charge or charges, but only in
Juvenile Court under | ||||||
| 16 | the provisions of this Article. The State's Attorney may
| ||||||
| 17 | proceed under the criminal laws of this State on a lesser | ||||||
| 18 | charge if before
trial the minor defendant knowingly and with | ||||||
| 19 | advice of counsel waives, in
writing, his or her right to have | ||||||
| 20 | the matter proceed in Juvenile Court.
| ||||||
| 21 | (ii) If before trial
or plea an information or indictment | ||||||
| 22 | is filed that includes one or more charges
specified in | ||||||
| 23 | paragraph (a) of this subsection (5) and additional charges | ||||||
| 24 | that
are not specified in that paragraph, all of
the charges | ||||||
| 25 | arising out of the same incident shall be prosecuted under the
| ||||||
| 26 | criminal laws of this State.
| ||||||
| |||||||
| |||||||
| 1 | (c)(i) If after trial or plea the minor is convicted of any | ||||||
| 2 | offense
covered
by paragraph (a) of this subsection (5), then, | ||||||
| 3 | in sentencing the minor, the
court shall have available any or | ||||||
| 4 | all dispositions prescribed for that offense
under Chapter V of | ||||||
| 5 | the Unified Code of Corrections.
| ||||||
| 6 | (ii) If after trial or
plea the court finds that the minor | ||||||
| 7 | committed an offense not covered by
paragraph (a) of
this | ||||||
| 8 | subsection (5), the conviction shall not invalidate the verdict | ||||||
| 9 | or the
prosecution of the minor under the criminal laws of this | ||||||
| 10 | State; however,
unless the State requests a hearing for the
| ||||||
| 11 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
| 12 | Code of
Corrections, the Court must proceed under Sections | ||||||
| 13 | 5-705 and 5-710 of this
Article.
To request a hearing, the | ||||||
| 14 | State must file a written motion within 10 days
following the | ||||||
| 15 | entry of a finding or the return of a verdict. Reasonable | ||||||
| 16 | notice
of the motion shall be given to the minor or his or her | ||||||
| 17 | counsel. If the motion
is made by the State, the court shall | ||||||
| 18 | conduct a hearing to determine if whether
the minor should be | ||||||
| 19 | sentenced under Chapter V of the Unified Code of
Corrections. | ||||||
| 20 | In making its determination, the court shall consider among | ||||||
| 21 | other
matters: (a) whether there is evidence that the offense | ||||||
| 22 | was committed in an
aggressive and premeditated manner; (b) the | ||||||
| 23 | age of the minor; (c) the previous
delinquent history of the | ||||||
| 24 | minor; (d) whether there are facilities particularly
available | ||||||
| 25 | to the Juvenile Court or the Department of Juvenile Justice for | ||||||
| 26 | the treatment and rehabilitation of the minor; (e) whether
the | ||||||
| |||||||
| |||||||
| 1 | security of the public requires sentencing under Chapter V of | ||||||
| 2 | the Unified
Code of Corrections; and (f) whether the minor | ||||||
| 3 | possessed a deadly weapon when
committing the offense. The | ||||||
| 4 | rules of evidence shall be the same as if at
trial. If after | ||||||
| 5 | the hearing the court finds that the minor should be sentenced
| ||||||
| 6 | under Chapter V of the Unified Code of Corrections, then the | ||||||
| 7 | court shall
sentence the minor accordingly having available to | ||||||
| 8 | it any or all dispositions
so prescribed.
| ||||||
| 9 | (6) The definition of delinquent minor under Section 5-120 | ||||||
| 10 | of this Article
shall not apply to any minor who, pursuant to | ||||||
| 11 | subsection (1) or (3) or
Section 5-805 or 5-810, has previously | ||||||
| 12 | been placed under the jurisdiction of
the criminal court and | ||||||
| 13 | has been convicted of a crime under an adult criminal or
penal | ||||||
| 14 | statute. Such a minor shall be subject to prosecution under the | ||||||
| 15 | criminal
laws of this State.
| ||||||
| 16 | (7) The procedures set out in this Article for the | ||||||
| 17 | investigation, arrest and
prosecution of juvenile offenders | ||||||
| 18 | shall not apply to minors who are excluded
from jurisdiction of | ||||||
| 19 | the Juvenile Court, except that minors under 18 years of
age | ||||||
| 20 | shall be kept separate from confined adults.
| ||||||
| 21 | (8) Nothing in this Act prohibits or limits the prosecution | ||||||
| 22 | of any
minor for an offense committed on or after his or her | ||||||
| 23 | 18th birthday even though
he or she is at the time of the | ||||||
| 24 | offense a ward of the court.
| ||||||
| 25 | (9) If an original petition for adjudication of wardship | ||||||
| 26 | alleges the
commission by a minor 13 years of age or
over of an | ||||||
| |||||||
| |||||||
| 1 | act that constitutes a crime under the laws of this State,
the | ||||||
| 2 | minor, with the consent of his or her counsel, may, at any time | ||||||
| 3 | before
commencement of the adjudicatory hearing, file with the | ||||||
| 4 | court a motion
that criminal prosecution be ordered and that | ||||||
| 5 | the petition be dismissed
insofar as the act or acts involved | ||||||
| 6 | in the criminal proceedings are
concerned. If such a motion is | ||||||
| 7 | filed as herein provided, the court shall
enter its order | ||||||
| 8 | accordingly.
| ||||||
| 9 | (10) If, prior to August 12, 2005 (the effective date of | ||||||
| 10 | Public Act 94-574), a minor is charged with a violation of | ||||||
| 11 | Section 401 of the Illinois Controlled Substances Act under the | ||||||
| 12 | criminal laws of this State, other than a minor charged with a | ||||||
| 13 | Class X felony violation of the
Illinois Controlled
Substances | ||||||
| 14 | Act or the Methamphetamine Control and Community Protection | ||||||
| 15 | Act, any party including the minor or the court sua sponte
may, | ||||||
| 16 | before trial,
move for a hearing for the purpose of trying and | ||||||
| 17 | sentencing the minor as
a delinquent minor. To request a | ||||||
| 18 | hearing, the party must file a motion
prior to trial. | ||||||
| 19 | Reasonable notice of the motion shall be given to all
parties. | ||||||
| 20 | On its own motion or upon the filing of a motion by one of the
| ||||||
| 21 | parties including the minor, the court shall conduct a hearing | ||||||
| 22 | to
determine whether the minor should be tried and sentenced as | ||||||
| 23 | a
delinquent minor under this Article. In making its | ||||||
| 24 | determination, the
court shall consider among other matters:
| ||||||
| 25 | (a) The age of the minor;
| ||||||
| 26 | (b) Any previous delinquent or criminal history of the | ||||||
| |||||||
| |||||||
| 1 | minor;
| ||||||
| 2 | (c) Any previous abuse or neglect history of the minor;
| ||||||
| 3 | (d) Any mental health or educational history of the | ||||||
| 4 | minor, or both; and
| ||||||
| 5 | (e) Whether there is probable cause to support the | ||||||
| 6 | charge, whether
the minor is charged through | ||||||
| 7 | accountability, and whether there is
evidence the minor | ||||||
| 8 | possessed a deadly weapon or caused serious
bodily harm | ||||||
| 9 | during the offense.
| ||||||
| 10 | Any material that is relevant and reliable shall be | ||||||
| 11 | admissible at the
hearing. In
all cases, the judge shall enter | ||||||
| 12 | an order permitting prosecution
under the criminal laws of | ||||||
| 13 | Illinois unless the judge makes a finding
based on a | ||||||
| 14 | preponderance of the evidence that the minor would be
amenable | ||||||
| 15 | to the care, treatment, and training programs available
through | ||||||
| 16 | the facilities of the juvenile court based on an evaluation of
| ||||||
| 17 | the factors listed in this subsection (10).
| ||||||
| 18 | (11) The changes made to this Section by Public Act 98-61 | ||||||
| 19 | this amendatory Act of
the 98th General Assembly apply to a | ||||||
| 20 | minor who has been
arrested or taken into custody on or after | ||||||
| 21 | January 1, 2014 (the effective date
of Public Act 98-61) this | ||||||
| 22 | amendatory Act. | ||||||
| 23 | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||||||
| 24 | revised 11-22-13.)
| ||||||
| 25 | (705 ILCS 405/5-401.5)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5-401.5. When statements by minor may be used.
| ||||||
| 2 | (a) In this Section, "custodial interrogation" means any | ||||||
| 3 | interrogation
(i) during which a reasonable person in the | ||||||
| 4 | subject's position
would consider himself or herself to be in | ||||||
| 5 | custody and (ii) during which
a
question is asked that is | ||||||
| 6 | reasonably likely to elicit an incriminating
response.
| ||||||
| 7 | In this Section, "electronic recording" includes motion | ||||||
| 8 | picture,
audiotape, videotape, or digital recording.
| ||||||
| 9 | In this Section, "place of detention" means a building
or a | ||||||
| 10 | police station that is a place of operation for a municipal | ||||||
| 11 | police
department or county sheriff department or other law | ||||||
| 12 | enforcement agency
at which persons are or may be held in | ||||||
| 13 | detention in
connection with criminal charges against those | ||||||
| 14 | persons or allegations that
those
persons are delinquent | ||||||
| 15 | minors.
| ||||||
| 16 | (b) An oral, written, or sign language statement of a minor | ||||||
| 17 | who, at the time
of the
commission of the offense was under the | ||||||
| 18 | age of 18
years, made as a
result of a custodial interrogation | ||||||
| 19 | conducted at a police station or other
place of detention on or | ||||||
| 20 | after
the effective date of
this amendatory Act of the 93rd | ||||||
| 21 | General Assembly shall be presumed to be
inadmissible as | ||||||
| 22 | evidence against the
minor in
any criminal proceeding or | ||||||
| 23 | juvenile court proceeding,
for an act that if committed by an | ||||||
| 24 | adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, | ||||||
| 25 | 9-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961 or the | ||||||
| 26 | Criminal Code of 2012,
or under clause (d)(1)(F) of Section | ||||||
| |||||||
| |||||||
| 1 | 11-501 of the Illinois Vehicle Code
unless:
| ||||||
| 2 | (1) an electronic recording
is made of the custodial | ||||||
| 3 | interrogation; and
| ||||||
| 4 | (2) the recording is substantially accurate and not | ||||||
| 5 | intentionally altered.
| ||||||
| 6 | (b-5) Under the following circumstances, an oral, written, | ||||||
| 7 | or sign language statement of a minor who, at the time
of the
| ||||||
| 8 | commission of the offense was under the age of 17
years, made | ||||||
| 9 | as a result of a custodial interrogation conducted at a police | ||||||
| 10 | station or other place of detention shall be presumed to be | ||||||
| 11 | inadmissible as evidence against the minor, unless an | ||||||
| 12 | electronic recording is made of the custodial interrogation and | ||||||
| 13 | the recording is substantially accurate and not intentionally | ||||||
| 14 | altered: | ||||||
| 15 | (1) in any criminal proceeding or juvenile court | ||||||
| 16 | proceeding, for an act that if committed by an adult would | ||||||
| 17 | be brought under Section 11-1.40 or 20-1.1 of the Criminal | ||||||
| 18 | Code of 1961 or the Criminal Code of 2012, if the custodial | ||||||
| 19 | interrogation was conducted on or after June 1, 2014; | ||||||
| 20 | (2) in any criminal proceeding or juvenile court | ||||||
| 21 | proceeding, for an act that if committed by an adult would | ||||||
| 22 | be brought under Section 10-2, 18-4, or 19-6 of the | ||||||
| 23 | Criminal Code of 1961 or the Criminal Code of 2012, if the | ||||||
| 24 | custodial interrogation was conducted on or after June 1, | ||||||
| 25 | 2015; and | ||||||
| 26 | (3) in any criminal proceeding or juvenile court | ||||||
| |||||||
| |||||||
| 1 | proceeding, for an act that if committed by an adult would | ||||||
| 2 | be brought under Section 11-1.30 or 18-2 or subsection (e) | ||||||
| 3 | of Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
| 4 | Criminal Code of 2012, if the custodial interrogation was | ||||||
| 5 | conducted on or after June 1, 2016. | ||||||
| 6 | (b-10) If, during the course of an electronically recorded | ||||||
| 7 | custodial interrogation conducted under this Section of a minor | ||||||
| 8 | who, at the time
of the
commission of the offense was under the | ||||||
| 9 | age of 17
years, the minor makes a statement that creates a | ||||||
| 10 | reasonable suspicion to believe the minor has committed an act | ||||||
| 11 | that if committed by an adult would be an offense other than an | ||||||
| 12 | offense required to be recorded under subsection (b) or (b-5), | ||||||
| 13 | the interrogators may, without the minor's consent, continue to | ||||||
| 14 | record the interrogation as it relates to the other offense | ||||||
| 15 | notwithstanding any provision of law to the contrary. Any oral, | ||||||
| 16 | written, or sign language statement of a minor made as a result | ||||||
| 17 | of an interrogation under this subsection shall be presumed to | ||||||
| 18 | be inadmissible as evidence against the minor in any criminal | ||||||
| 19 | proceeding or juvenile court proceeding, unless the recording | ||||||
| 20 | is substantially accurate and not intentionally altered. | ||||||
| 21 | (c) Every electronic recording made under this Section
must | ||||||
| 22 | be preserved
until such time as the
minor's adjudication
for | ||||||
| 23 | any
offense relating to the statement is final and all direct | ||||||
| 24 | and habeas corpus
appeals are
exhausted,
or the prosecution of | ||||||
| 25 | such offenses is barred by law.
| ||||||
| 26 | (d) If the court finds, by a preponderance of the evidence, | ||||||
| |||||||
| |||||||
| 1 | that the
minor
was
subjected to a custodial interrogation in | ||||||
| 2 | violation of this Section,
then any statements made
by the
| ||||||
| 3 | minor during or following that non-recorded custodial | ||||||
| 4 | interrogation, even
if
otherwise in compliance with this | ||||||
| 5 | Section, are presumed to be inadmissible in
any criminal
| ||||||
| 6 | proceeding or juvenile court proceeding against the minor | ||||||
| 7 | except for the
purposes of impeachment.
| ||||||
| 8 | (e) Nothing in this Section precludes the admission (i) of | ||||||
| 9 | a statement made
by the
minor in open court in any criminal | ||||||
| 10 | proceeding or juvenile court proceeding,
before a grand jury, | ||||||
| 11 | or
at a
preliminary hearing,
(ii) of a
statement made during a
| ||||||
| 12 | custodial interrogation that was not recorded as required by
| ||||||
| 13 | this
Section because electronic recording was not feasible, | ||||||
| 14 | (iii) of a
voluntary
statement,
whether or not the result of a | ||||||
| 15 | custodial interrogation, that has a bearing on
the
credibility | ||||||
| 16 | of the accused as a witness, (iv)
of a spontaneous statement
| ||||||
| 17 | that is not made in response to a question,
(v) of a statement | ||||||
| 18 | made after questioning that is routinely
asked during the | ||||||
| 19 | processing of the arrest of the suspect, (vi) of a statement
| ||||||
| 20 | made during a custodial interrogation by a suspect who | ||||||
| 21 | requests, prior to
making
the statement, to respond to the
| ||||||
| 22 | interrogator's questions only if
an electronic recording is not | ||||||
| 23 | made of the statement, provided that an
electronic
recording is | ||||||
| 24 | made of the statement of agreeing to respond to
the | ||||||
| 25 | interrogator's question, only if a recording is not made of the | ||||||
| 26 | statement,
(vii)
of a statement made
during a custodial
| ||||||
| |||||||
| |||||||
| 1 | interrogation that is conducted out-of-state,
(viii)
of a
| ||||||
| 2 | statement given in violation of subsection (b) at a time when | ||||||
| 3 | the interrogators are unaware that a death
has in fact | ||||||
| 4 | occurred, (ix) of a statement given in violation of subsection | ||||||
| 5 | (b-5) at a time when the interrogators are unaware of facts and | ||||||
| 6 | circumstances that would create probable cause to believe that | ||||||
| 7 | the minor committed an act that if committed by an adult would | ||||||
| 8 | be an offense required to be recorded under subsection (b-5), | ||||||
| 9 | or (x) of any
other statement that may be admissible under law. | ||||||
| 10 | The State shall bear the
burden of proving, by a preponderance | ||||||
| 11 | of the evidence, that one of the
exceptions described in this | ||||||
| 12 | subsection (e) is applicable. Nothing in this
Section precludes | ||||||
| 13 | the admission of a statement, otherwise inadmissible under
this | ||||||
| 14 | Section, that is used only for impeachment and not as | ||||||
| 15 | substantive
evidence.
| ||||||
| 16 | (f) The presumption of inadmissibility of a statement made | ||||||
| 17 | by a suspect at
a custodial interrogation at a police station | ||||||
| 18 | or other place of detention may
be overcome by a preponderance | ||||||
| 19 | of the evidence
that
the statement was voluntarily given and is | ||||||
| 20 | reliable, based on the totality of
the
circumstances.
| ||||||
| 21 | (g) Any electronic recording of any statement made by a | ||||||
| 22 | minor during a
custodial interrogation that is compiled by any | ||||||
| 23 | law enforcement agency as
required by this Section for the | ||||||
| 24 | purposes of fulfilling the requirements of
this
Section shall | ||||||
| 25 | be confidential and exempt from public inspection and copying, | ||||||
| 26 | as
provided under Section 7 of the Freedom of Information Act, | ||||||
| |||||||
| |||||||
| 1 | and the information
shall not be transmitted to anyone except | ||||||
| 2 | as needed to comply with this
Section.
| ||||||
| 3 | (h) A statement, admission, confession, or incriminating | ||||||
| 4 | information made by or obtained from a minor related to the | ||||||
| 5 | instant offense, as part of any behavioral health screening, | ||||||
| 6 | assessment, evaluation, or treatment, whether or not | ||||||
| 7 | court-ordered, shall not be admissible as evidence against the | ||||||
| 8 | minor on the issue of guilt only in the instant juvenile court | ||||||
| 9 | proceeding. The provisions of this subsection (h) are in | ||||||
| 10 | addition to and do not override any existing statutory and | ||||||
| 11 | constitutional prohibition on the admission into evidence in | ||||||
| 12 | delinquency proceedings of information obtained during | ||||||
| 13 | screening, assessment, or treatment. | ||||||
| 14 | (i) The changes made to this Section by Public Act 98-61 | ||||||
| 15 | this amendatory Act of the 98th General Assembly apply to | ||||||
| 16 | statements of a minor made on or after January 1, 2014 (the | ||||||
| 17 | effective date of Public Act 98-61) this amendatory Act. | ||||||
| 18 | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||||||
| 19 | 98-547, eff. 1-1-14; revised 9-24-13.)
| ||||||
| 20 | (705 ILCS 405/5-410)
| ||||||
| 21 | Sec. 5-410. Non-secure custody or detention.
| ||||||
| 22 | (1) Any minor arrested or taken into custody pursuant to | ||||||
| 23 | this Act who
requires care away from his or her home but who | ||||||
| 24 | does not require physical
restriction shall be given temporary | ||||||
| 25 | care in a foster family home or other
shelter facility | ||||||
| |||||||
| |||||||
| 1 | designated by the court.
| ||||||
| 2 | (2) (a) Any minor 10 years of age or older arrested
| ||||||
| 3 | pursuant to this Act where there is probable cause to believe | ||||||
| 4 | that the minor
is a delinquent minor and that
(i) secured | ||||||
| 5 | custody is a matter of immediate and urgent necessity for the
| ||||||
| 6 | protection of the minor or of the person or property of | ||||||
| 7 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||
| 8 | the court, or (iii) the minor was taken
into custody under a | ||||||
| 9 | warrant, may be kept or detained in an authorized
detention | ||||||
| 10 | facility. No minor under 12 years of age shall be detained in a
| ||||||
| 11 | county jail or a municipal lockup for more than 6 hours.
| ||||||
| 12 | (b) The written authorization of the probation officer or | ||||||
| 13 | detention officer
(or other public officer designated by the | ||||||
| 14 | court in a county having
3,000,000 or more inhabitants) | ||||||
| 15 | constitutes authority for the superintendent of
any juvenile | ||||||
| 16 | detention home to detain and keep a minor for up to 40 hours,
| ||||||
| 17 | excluding Saturdays, Sundays and court-designated holidays. | ||||||
| 18 | These
records shall be available to the same persons and | ||||||
| 19 | pursuant to the same
conditions as are law enforcement records | ||||||
| 20 | as provided in Section 5-905.
| ||||||
| 21 | (b-4) The consultation required by subsection (b-5) shall | ||||||
| 22 | not be applicable
if the probation officer or detention officer | ||||||
| 23 | (or other public officer
designated
by the court in a
county | ||||||
| 24 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
| 25 | detention
screening instrument, which has been developed with | ||||||
| 26 | input by the State's
Attorney, to
determine whether a minor | ||||||
| |||||||
| |||||||
| 1 | should be detained, however, subsection (b-5) shall
still be | ||||||
| 2 | applicable where no such screening instrument is used or where | ||||||
| 3 | the
probation officer, detention officer (or other public | ||||||
| 4 | officer designated by the
court in a county
having 3,000,000 or | ||||||
| 5 | more inhabitants) deviates from the screening instrument.
| ||||||
| 6 | (b-5) Subject to the provisions of subsection (b-4), if a | ||||||
| 7 | probation officer
or detention officer
(or other public officer | ||||||
| 8 | designated by
the court in a county having 3,000,000 or more | ||||||
| 9 | inhabitants) does not intend to
detain a minor for an offense | ||||||
| 10 | which constitutes one of the following offenses
he or she shall | ||||||
| 11 | consult with the State's Attorney's Office prior to the release
| ||||||
| 12 | of the minor: first degree murder, second degree murder, | ||||||
| 13 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
| 14 | criminal sexual assault,
aggravated battery with a firearm as | ||||||
| 15 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
| 16 | (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous | ||||||
| 17 | battery involving
permanent disability or disfigurement or | ||||||
| 18 | great bodily harm, robbery, aggravated
robbery, armed robbery, | ||||||
| 19 | vehicular hijacking, aggravated vehicular hijacking,
vehicular | ||||||
| 20 | invasion, arson, aggravated arson, kidnapping, aggravated | ||||||
| 21 | kidnapping,
home invasion, burglary, or residential burglary.
| ||||||
| 22 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
| 23 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
| 24 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
| 25 | violence in which case the minor may be detained up
to 24 | ||||||
| 26 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
| |||||||
| |||||||
| 1 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
| 2 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
| 3 | (i) The
period of detention is deemed to have begun | ||||||
| 4 | once the minor has been placed in a
locked room or cell or | ||||||
| 5 | handcuffed to a stationary object in a building housing
a | ||||||
| 6 | county jail or municipal lockup. Time spent transporting a | ||||||
| 7 | minor is not
considered to be time in detention or secure | ||||||
| 8 | custody.
| ||||||
| 9 | (ii) Any minor so
confined shall be under periodic | ||||||
| 10 | supervision and shall not be permitted to come
into or | ||||||
| 11 | remain in contact with adults in custody in the building.
| ||||||
| 12 | (iii) Upon
placement in secure custody in a jail or | ||||||
| 13 | lockup, the
minor shall be informed of the purpose of the | ||||||
| 14 | detention, the time it is
expected to last and the fact | ||||||
| 15 | that it cannot exceed the time specified under
this Act.
| ||||||
| 16 | (iv) A log shall
be kept which shows the offense which | ||||||
| 17 | is the basis for the detention, the
reasons and | ||||||
| 18 | circumstances for the decision to detain and the length of | ||||||
| 19 | time the
minor was in detention.
| ||||||
| 20 | (v) Violation of the time limit on detention
in a | ||||||
| 21 | county jail or municipal lockup shall not, in and of | ||||||
| 22 | itself, render
inadmissible evidence obtained as a result | ||||||
| 23 | of the violation of this
time limit. Minors under 18 years | ||||||
| 24 | of age shall be kept separate from confined
adults and may | ||||||
| 25 | not at any time be kept in the same cell, room or yard with
| ||||||
| 26 | adults confined pursuant to criminal law. Persons 18 years | ||||||
| |||||||
| |||||||
| 1 | of age and older
who have a petition of delinquency filed | ||||||
| 2 | against them may be
confined in an
adult detention | ||||||
| 3 | facility.
In making a determination whether to confine a | ||||||
| 4 | person 18 years of age or
older
who has a petition of | ||||||
| 5 | delinquency filed against the person, these factors,
among | ||||||
| 6 | other matters, shall be considered:
| ||||||
| 7 | (A) The age of the person;
| ||||||
| 8 | (B) Any previous delinquent or criminal history of | ||||||
| 9 | the person;
| ||||||
| 10 | (C) Any previous abuse or neglect history of the | ||||||
| 11 | person; and
| ||||||
| 12 | (D) Any mental health or educational history of the | ||||||
| 13 | person, or both.
| ||||||
| 14 | (d) (i) If a minor 12 years of age or older is confined in a | ||||||
| 15 | county jail
in a
county with a population below 3,000,000 | ||||||
| 16 | inhabitants, then the minor's
confinement shall be implemented | ||||||
| 17 | in such a manner that there will be no contact
by sight, sound | ||||||
| 18 | or otherwise between the minor and adult prisoners. Minors
12 | ||||||
| 19 | years of age or older must be kept separate from confined | ||||||
| 20 | adults and may not
at any time
be kept in the same cell, room, | ||||||
| 21 | or yard with confined adults. This paragraph
(d)(i) shall only | ||||||
| 22 | apply to confinement pending an adjudicatory hearing and
shall | ||||||
| 23 | not exceed 40 hours, excluding Saturdays, Sundays and court | ||||||
| 24 | designated
holidays. To accept or hold minors during this time | ||||||
| 25 | period, county jails shall
comply with all monitoring standards | ||||||
| 26 | promulgated by the Department of
Corrections and training | ||||||
| |||||||
| |||||||
| 1 | standards approved by the Illinois Law Enforcement
Training | ||||||
| 2 | Standards Board.
| ||||||
| 3 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
| 4 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
| 5 | subsection (2) of this Section but not
exceeding 7 days | ||||||
| 6 | including Saturdays, Sundays and holidays pending an
| ||||||
| 7 | adjudicatory hearing, county jails shall comply with all | ||||||
| 8 | temporary detention
standards promulgated by the Department of | ||||||
| 9 | Corrections and training standards
approved by the Illinois Law | ||||||
| 10 | Enforcement Training Standards Board.
| ||||||
| 11 | (iii) To accept or hold minors 12 years of age or older, | ||||||
| 12 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
| 13 | (d)(ii) of this subsection (2) of
this
Section, county jails | ||||||
| 14 | shall comply with all programmatic and training standards
for | ||||||
| 15 | juvenile detention homes promulgated by the Department of | ||||||
| 16 | Corrections.
| ||||||
| 17 | (e) When a minor who is at least 15 years of age is | ||||||
| 18 | prosecuted under the
criminal laws of this State,
the court may | ||||||
| 19 | enter an order directing that the juvenile be confined
in the | ||||||
| 20 | county jail. However, any juvenile confined in the county jail | ||||||
| 21 | under
this provision shall be separated from adults who are | ||||||
| 22 | confined in the county
jail in such a manner that there will be | ||||||
| 23 | no contact by sight, sound or
otherwise between the juvenile | ||||||
| 24 | and adult prisoners.
| ||||||
| 25 | (f) For purposes of appearing in a physical lineup, the | ||||||
| 26 | minor may be taken
to a county jail or municipal lockup under | ||||||
| |||||||
| |||||||
| 1 | the direct and constant supervision
of a juvenile police | ||||||
| 2 | officer. During such time as is necessary to conduct a
lineup, | ||||||
| 3 | and while supervised by a juvenile police officer, the sight | ||||||
| 4 | and sound
separation provisions shall not apply.
| ||||||
| 5 | (g) For purposes of processing a minor, the minor may be | ||||||
| 6 | taken to a County
Jail or municipal lockup under the direct and | ||||||
| 7 | constant supervision of a law
enforcement officer or | ||||||
| 8 | correctional officer. During such time as is necessary
to | ||||||
| 9 | process the minor, and while supervised by a law enforcement | ||||||
| 10 | officer or
correctional officer, the sight and sound separation | ||||||
| 11 | provisions shall not
apply.
| ||||||
| 12 | (3) If the probation officer or State's Attorney (or such | ||||||
| 13 | other public
officer designated by the court in a county having | ||||||
| 14 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
| 15 | a delinquent minor as described
in subsection (3) of Section | ||||||
| 16 | 5-105, and should be retained in custody but does
not require
| ||||||
| 17 | physical restriction, the minor may be placed in non-secure | ||||||
| 18 | custody for up to
40 hours pending a detention hearing.
| ||||||
| 19 | (4) Any minor taken into temporary custody, not requiring | ||||||
| 20 | secure
detention, may, however, be detained in the home of his | ||||||
| 21 | or her parent or
guardian subject to such conditions as the | ||||||
| 22 | court may impose.
| ||||||
| 23 | (5) The changes made to this Section by Public Act 98-61 | ||||||
| 24 | this amendatory Act of the 98th General Assembly apply to a | ||||||
| 25 | minor who has been arrested or taken into custody on or after | ||||||
| 26 | January 1, 2014 (the effective date of Public Act 98-61) this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act. | ||||||
| 2 | (Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
| ||||||
| 3 | (705 ILCS 405/5-901)
| ||||||
| 4 | Sec. 5-901. Court file.
| ||||||
| 5 | (1) The Court file with respect to proceedings under this
| ||||||
| 6 | Article shall consist of the petitions, pleadings, victim | ||||||
| 7 | impact statements,
process,
service of process, orders, writs | ||||||
| 8 | and docket entries reflecting hearings held
and judgments and | ||||||
| 9 | decrees entered by the court. The court file shall be
kept | ||||||
| 10 | separate from other records of the court.
| ||||||
| 11 | (a) The file, including information identifying the | ||||||
| 12 | victim or alleged
victim of any sex
offense, shall be | ||||||
| 13 | disclosed only to the following parties when necessary for
| ||||||
| 14 | discharge of their official duties:
| ||||||
| 15 | (i) A judge of the circuit court and members of the | ||||||
| 16 | staff of the court
designated by the judge;
| ||||||
| 17 | (ii) Parties to the proceedings and their | ||||||
| 18 | attorneys;
| ||||||
| 19 | (iii) Victims and their attorneys, except in cases | ||||||
| 20 | of multiple victims
of
sex offenses in which case the | ||||||
| 21 | information identifying the nonrequesting
victims | ||||||
| 22 | shall be redacted;
| ||||||
| 23 | (iv) Probation officers, law enforcement officers | ||||||
| 24 | or prosecutors or
their
staff;
| ||||||
| 25 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
| |||||||
| |||||||
| 1 | (b) The Court file redacted to remove any information | ||||||
| 2 | identifying the
victim or alleged victim of any sex offense | ||||||
| 3 | shall be disclosed only to the
following parties when | ||||||
| 4 | necessary for discharge of their official duties:
| ||||||
| 5 | (i) Authorized military personnel;
| ||||||
| 6 | (ii) Persons engaged in bona fide research, with | ||||||
| 7 | the permission of the
judge of the juvenile court and | ||||||
| 8 | the chief executive of the agency that prepared
the
| ||||||
| 9 | particular recording: provided that publication of | ||||||
| 10 | such research results in no
disclosure of a minor's | ||||||
| 11 | identity and protects the confidentiality of the
| ||||||
| 12 | record;
| ||||||
| 13 | (iii) The Secretary of State to whom the Clerk of | ||||||
| 14 | the Court shall report
the disposition of all cases, as | ||||||
| 15 | required in Section 6-204 or Section 6-205.1
of the | ||||||
| 16 | Illinois
Vehicle Code. However, information reported | ||||||
| 17 | relative to these offenses shall
be privileged and | ||||||
| 18 | available only to the Secretary of State, courts, and | ||||||
| 19 | police
officers;
| ||||||
| 20 | (iv) The administrator of a bonafide substance | ||||||
| 21 | abuse student
assistance program with the permission | ||||||
| 22 | of the presiding judge of the
juvenile court;
| ||||||
| 23 | (v) Any individual, or any public or private agency | ||||||
| 24 | or institution,
having
custody of the juvenile under | ||||||
| 25 | court order or providing educational, medical or
| ||||||
| 26 | mental health services to the juvenile or a | ||||||
| |||||||
| |||||||
| 1 | court-approved advocate for the
juvenile or any | ||||||
| 2 | placement provider or potential placement provider as
| ||||||
| 3 | determined by the court.
| ||||||
| 4 | (3) A minor who is the victim or alleged victim in a | ||||||
| 5 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
| 6 | regarding disclosure of identity as the
minor who is the | ||||||
| 7 | subject of record.
Information identifying victims and alleged | ||||||
| 8 | victims of sex offenses,
shall not be disclosed or open to | ||||||
| 9 | public inspection under any circumstances.
Nothing in this | ||||||
| 10 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
| 11 | offense from voluntarily disclosing his or her identity.
| ||||||
| 12 | (4) Relevant information, reports and records shall be made | ||||||
| 13 | available to the
Department of
Juvenile Justice when a juvenile | ||||||
| 14 | offender has been placed in the custody of the
Department of | ||||||
| 15 | Juvenile Justice.
| ||||||
| 16 | (5) Except as otherwise provided in this subsection (5), | ||||||
| 17 | juvenile court
records shall not be made available to the | ||||||
| 18 | general public
but may be inspected by representatives of | ||||||
| 19 | agencies, associations and news
media or other properly | ||||||
| 20 | interested persons by general or special order of
the court. | ||||||
| 21 | The State's Attorney, the minor, his or her parents, guardian | ||||||
| 22 | and
counsel
shall at all times have the right to examine court | ||||||
| 23 | files and records.
| ||||||
| 24 | (a) The
court shall allow the general public to have | ||||||
| 25 | access to the name, address, and
offense of a minor
who is | ||||||
| 26 | adjudicated a delinquent minor under this Act under either | ||||||
| |||||||
| |||||||
| 1 | of the
following circumstances:
| ||||||
| 2 | (i) The
adjudication of
delinquency was based upon | ||||||
| 3 | the
minor's
commission of first degree murder, attempt | ||||||
| 4 | to commit first degree
murder, aggravated criminal | ||||||
| 5 | sexual assault, or criminal sexual assault; or
| ||||||
| 6 | (ii) The court has made a finding that the minor | ||||||
| 7 | was at least 13 years
of
age
at the time the act was | ||||||
| 8 | committed and the adjudication of delinquency was | ||||||
| 9 | based
upon the minor's commission of: (A)
an act in | ||||||
| 10 | furtherance of the commission of a felony as a member | ||||||
| 11 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
| 12 | involving the use of a firearm in the commission of a
| ||||||
| 13 | felony, (C) an act that would be a Class X felony | ||||||
| 14 | offense
under or
the minor's second or subsequent
Class | ||||||
| 15 | 2 or greater felony offense under the Cannabis Control | ||||||
| 16 | Act if committed
by an adult,
(D) an act that would be | ||||||
| 17 | a second or subsequent offense under Section 402 of
the | ||||||
| 18 | Illinois Controlled Substances Act if committed by an | ||||||
| 19 | adult, (E) an act
that would be an offense under | ||||||
| 20 | Section 401 of the Illinois Controlled
Substances Act | ||||||
| 21 | if committed by an adult, or (F) an act that would be | ||||||
| 22 | an offense under the Methamphetamine Control and | ||||||
| 23 | Community Protection Act if committed by an adult.
| ||||||
| 24 | (b) The court
shall allow the general public to have | ||||||
| 25 | access to the name, address, and offense
of a minor who is | ||||||
| 26 | at least 13 years of age at
the time the offense
is | ||||||
| |||||||
| |||||||
| 1 | committed and who is convicted, in criminal proceedings
| ||||||
| 2 | permitted or required under Section 5-805, under either of
| ||||||
| 3 | the following
circumstances:
| ||||||
| 4 | (i) The minor has been convicted of first degree | ||||||
| 5 | murder, attempt
to commit first degree
murder, | ||||||
| 6 | aggravated criminal sexual
assault, or criminal sexual | ||||||
| 7 | assault,
| ||||||
| 8 | (ii) The court has made a finding that the minor | ||||||
| 9 | was at least 13 years
of age
at the time the offense | ||||||
| 10 | was committed and the conviction was based upon the
| ||||||
| 11 | minor's commission of: (A)
an offense in
furtherance of | ||||||
| 12 | the commission of a felony as a member of or on behalf | ||||||
| 13 | of a
criminal street gang, (B) an offense
involving the | ||||||
| 14 | use of a firearm in the commission of a felony, (C)
a | ||||||
| 15 | Class X felony offense under the Cannabis Control Act | ||||||
| 16 | or a second or
subsequent Class 2 or
greater felony | ||||||
| 17 | offense under the Cannabis Control Act, (D) a
second or | ||||||
| 18 | subsequent offense under Section 402 of the Illinois
| ||||||
| 19 | Controlled Substances Act, (E) an offense under | ||||||
| 20 | Section 401 of the Illinois
Controlled Substances Act, | ||||||
| 21 | or (F) an offense under the Methamphetamine Control and | ||||||
| 22 | Community Protection Act.
| ||||||
| 23 | (6) Nothing in this Section shall be construed to limit the | ||||||
| 24 | use of a
adjudication of delinquency as
evidence in any | ||||||
| 25 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
| 26 | admissible under the rules of evidence, including but not | ||||||
| |||||||
| |||||||
| 1 | limited to, use as
impeachment evidence against any witness, | ||||||
| 2 | including the minor if he or she
testifies.
| ||||||
| 3 | (7) Nothing in this Section shall affect the right of a | ||||||
| 4 | Civil Service
Commission or appointing authority examining the | ||||||
| 5 | character and fitness of
an applicant for a position as a law | ||||||
| 6 | enforcement officer to ascertain
whether that applicant was | ||||||
| 7 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
| 8 | examine the records or evidence which were made in
proceedings | ||||||
| 9 | under this Act.
| ||||||
| 10 | (8) Following any adjudication of delinquency for a crime | ||||||
| 11 | which would be
a felony if committed by an adult, or following | ||||||
| 12 | any adjudication of delinquency
for a violation of Section | ||||||
| 13 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
| 14 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
| 15 | whether the minor respondent is enrolled in school and, if so, | ||||||
| 16 | shall provide
a copy of the sentencing order to the principal | ||||||
| 17 | or chief administrative
officer of the school. Access to such | ||||||
| 18 | juvenile records shall be limited
to the principal or chief | ||||||
| 19 | administrative officer of the school and any guidance
counselor | ||||||
| 20 | designated by him or her.
| ||||||
| 21 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
| 22 | disclosure of information or records relating or pertaining to | ||||||
| 23 | juveniles
subject to the provisions of the Serious Habitual | ||||||
| 24 | Offender Comprehensive
Action Program when that information is | ||||||
| 25 | used to assist in the early
identification and treatment of | ||||||
| 26 | habitual juvenile offenders.
| ||||||
| |||||||
| |||||||
| 1 | (11) The Clerk of the Circuit Court shall report to the | ||||||
| 2 | Department of
State
Police, in the form and manner required by | ||||||
| 3 | the Department of State Police, the
final disposition of each | ||||||
| 4 | minor who has been arrested or taken into custody
before his or | ||||||
| 5 | her 18th birthday for those offenses required to be reported
| ||||||
| 6 | under Section 5 of the Criminal Identification Act. Information | ||||||
| 7 | reported to
the Department under this Section may be maintained | ||||||
| 8 | with records that the
Department files under Section 2.1 of the | ||||||
| 9 | Criminal Identification Act.
| ||||||
| 10 | (12) Information or records may be disclosed to the general | ||||||
| 11 | public when the
court is conducting hearings under Section | ||||||
| 12 | 5-805 or 5-810.
| ||||||
| 13 | (13) The changes made to this Section by Public Act 98-61 | ||||||
| 14 | this amendatory Act of the 98th General Assembly apply to | ||||||
| 15 | juvenile court records of a minor who has been arrested or | ||||||
| 16 | taken into custody on or after January 1, 2014 (the effective | ||||||
| 17 | date of Public Act 98-61) this amendatory Act. | ||||||
| 18 | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||||||
| 19 | revised 11-22-13.)
| ||||||
| 20 | (705 ILCS 405/5-905)
| ||||||
| 21 | Sec. 5-905. Law enforcement records.
| ||||||
| 22 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
| 23 | enforcement records maintained by law enforcement
agencies | ||||||
| 24 | that relate to a minor who has been arrested or taken into | ||||||
| 25 | custody
before his or her 18th birthday shall be restricted to | ||||||
| |||||||
| |||||||
| 1 | the following and when
necessary for the discharge of their | ||||||
| 2 | official duties:
| ||||||
| 3 | (a) A judge of the circuit court and members of the | ||||||
| 4 | staff of the court
designated by the judge;
| ||||||
| 5 | (b) Law enforcement officers, probation officers or | ||||||
| 6 | prosecutors or their
staff, or, when necessary for the | ||||||
| 7 | discharge of its official duties in connection with a | ||||||
| 8 | particular investigation of the conduct of a law | ||||||
| 9 | enforcement officer, an independent agency or its staff | ||||||
| 10 | created by ordinance and charged by a unit of local | ||||||
| 11 | government with the duty of investigating the conduct of | ||||||
| 12 | law enforcement officers;
| ||||||
| 13 | (c) The minor, the minor's parents or legal guardian | ||||||
| 14 | and their attorneys,
but only when the juvenile has been | ||||||
| 15 | charged with an offense;
| ||||||
| 16 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
| 17 | (e) Authorized military personnel;
| ||||||
| 18 | (f) Persons engaged in bona fide research, with the | ||||||
| 19 | permission of the
judge of juvenile court and the chief | ||||||
| 20 | executive of the agency that prepared the
particular | ||||||
| 21 | recording: provided that publication of such research | ||||||
| 22 | results in no
disclosure of a minor's identity and protects | ||||||
| 23 | the confidentiality of the
record;
| ||||||
| 24 | (g) Individuals responsible for supervising or | ||||||
| 25 | providing temporary or
permanent care and custody of minors | ||||||
| 26 | pursuant to orders of the juvenile court
or directives from | ||||||
| |||||||
| |||||||
| 1 | officials of the Department of Children and Family
Services | ||||||
| 2 | or the Department of Human Services who certify in writing | ||||||
| 3 | that the
information will not be disclosed to any other | ||||||
| 4 | party except as provided under
law or order of court;
| ||||||
| 5 | (h) The appropriate school official only if the agency | ||||||
| 6 | or officer believes that there is an imminent threat of | ||||||
| 7 | physical harm to students, school personnel, or others who | ||||||
| 8 | are present in the school or on school grounds. | ||||||
| 9 | (A) Inspection and copying
shall be limited to law | ||||||
| 10 | enforcement records transmitted to the appropriate
| ||||||
| 11 | school official or officials whom the school has | ||||||
| 12 | determined to have a legitimate educational or safety | ||||||
| 13 | interest by a local law enforcement agency under a | ||||||
| 14 | reciprocal reporting
system established and maintained | ||||||
| 15 | between the school district and the local law
| ||||||
| 16 | enforcement agency under Section 10-20.14 of the | ||||||
| 17 | School Code concerning a minor
enrolled in a school | ||||||
| 18 | within the school district who has been arrested
or | ||||||
| 19 | taken into custody for any of the following offenses: | ||||||
| 20 | (i) any violation of Article 24 of the Criminal | ||||||
| 21 | Code of
1961 or the Criminal Code of 2012; | ||||||
| 22 | (ii) a violation of the Illinois Controlled | ||||||
| 23 | Substances Act; | ||||||
| 24 | (iii) a violation of the Cannabis Control Act; | ||||||
| 25 | (iv) a forcible felony as defined in Section | ||||||
| 26 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
| |||||||
| |||||||
| 1 | Code of 2012; | ||||||
| 2 | (v) a violation of the Methamphetamine Control | ||||||
| 3 | and Community Protection Act; | ||||||
| 4 | (vi) a violation of Section 1-2 of the | ||||||
| 5 | Harassing and Obscene Communications Act; | ||||||
| 6 | (vii) a violation of the Hazing Act; or | ||||||
| 7 | (viii) a violation of Section 12-1, 12-2, | ||||||
| 8 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
| 9 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
| 10 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
| 11 | The information derived from the law enforcement | ||||||
| 12 | records shall be kept separate from and shall not | ||||||
| 13 | become a part of the official school record of that | ||||||
| 14 | child and shall not be a public record. The information | ||||||
| 15 | shall be used solely by the appropriate school official | ||||||
| 16 | or officials whom the school has determined to have a | ||||||
| 17 | legitimate educational or safety interest to aid in the | ||||||
| 18 | proper rehabilitation of the child and to protect the | ||||||
| 19 | safety of students and employees in the school. If the | ||||||
| 20 | designated law enforcement and school officials deem | ||||||
| 21 | it to be in the best interest of the minor, the student | ||||||
| 22 | may be referred to in-school or community based social | ||||||
| 23 | services if those services are available. | ||||||
| 24 | "Rehabilitation services" may include interventions by | ||||||
| 25 | school support personnel, evaluation for eligibility | ||||||
| 26 | for special education, referrals to community-based | ||||||
| |||||||
| |||||||
| 1 | agencies such as youth services, behavioral healthcare | ||||||
| 2 | service providers, drug and alcohol prevention or | ||||||
| 3 | treatment programs, and other interventions as deemed | ||||||
| 4 | appropriate for the student. | ||||||
| 5 | (B) Any information provided to appropriate school | ||||||
| 6 | officials whom the school has determined to have a | ||||||
| 7 | legitimate educational or safety interest by local law | ||||||
| 8 | enforcement officials about a minor who is the subject | ||||||
| 9 | of a current police investigation that is directly | ||||||
| 10 | related to school safety shall consist of oral | ||||||
| 11 | information only, and not written law enforcement | ||||||
| 12 | records, and shall be used solely by the appropriate | ||||||
| 13 | school official or officials to protect the safety of | ||||||
| 14 | students and employees in the school and aid in the | ||||||
| 15 | proper rehabilitation of the child. The information | ||||||
| 16 | derived orally from the local law enforcement | ||||||
| 17 | officials shall be kept separate from and shall not | ||||||
| 18 | become a part of the official school record of the | ||||||
| 19 | child and shall not be a public record. This limitation | ||||||
| 20 | on the use of information about a minor who is the | ||||||
| 21 | subject of a current police investigation shall in no | ||||||
| 22 | way limit the use of this information by prosecutors in | ||||||
| 23 | pursuing criminal charges arising out of the | ||||||
| 24 | information disclosed during a police investigation of | ||||||
| 25 | the minor. For purposes of this paragraph, | ||||||
| 26 | "investigation" means an official systematic inquiry | ||||||
| |||||||
| |||||||
| 1 | by a law enforcement agency into actual or suspected | ||||||
| 2 | criminal activity;
| ||||||
| 3 | (i) The president of a park district. Inspection and | ||||||
| 4 | copying shall be limited to law enforcement records | ||||||
| 5 | transmitted to the president of the park district by the | ||||||
| 6 | Illinois State Police under Section 8-23 of the Park | ||||||
| 7 | District Code or Section 16a-5 of the Chicago Park District | ||||||
| 8 | Act concerning a person who is seeking employment with that | ||||||
| 9 | park district and who has been adjudicated a juvenile | ||||||
| 10 | delinquent for any of the offenses listed in subsection (c) | ||||||
| 11 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
| 12 | of Section 16a-5 of the Chicago Park District Act. | ||||||
| 13 | (2) Information identifying victims and alleged victims of | ||||||
| 14 | sex offenses,
shall not be disclosed or open to public | ||||||
| 15 | inspection under any circumstances.
Nothing in this Section | ||||||
| 16 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
| 17 | from voluntarily disclosing his or her identity.
| ||||||
| 18 | (2.5) If the minor is a victim of aggravated battery, | ||||||
| 19 | battery, attempted first degree murder, or other non-sexual | ||||||
| 20 | violent offense, the identity of the victim may be disclosed to | ||||||
| 21 | appropriate school officials, for the purpose of preventing | ||||||
| 22 | foreseeable future violence involving minors, by a local law | ||||||
| 23 | enforcement agency pursuant to an agreement established | ||||||
| 24 | between the school district and a local law enforcement agency | ||||||
| 25 | subject to the approval by the presiding judge of the juvenile | ||||||
| 26 | court. | ||||||
| |||||||
| |||||||
| 1 | (3) Relevant information, reports and records shall be made | ||||||
| 2 | available to the
Department of Juvenile Justice when a juvenile | ||||||
| 3 | offender has been placed in the
custody of the Department of | ||||||
| 4 | Juvenile Justice.
| ||||||
| 5 | (4) Nothing in this Section shall prohibit the inspection | ||||||
| 6 | or disclosure to
victims and witnesses of photographs contained | ||||||
| 7 | in the records of law
enforcement agencies when the inspection | ||||||
| 8 | or disclosure is conducted in the
presence of a law enforcement | ||||||
| 9 | officer for purposes of identification or
apprehension of any | ||||||
| 10 | person in the course of any criminal investigation or
| ||||||
| 11 | prosecution.
| ||||||
| 12 | (5) The records of law enforcement officers, or of an | ||||||
| 13 | independent agency created by ordinance and charged by a unit | ||||||
| 14 | of local government with the duty of investigating the conduct | ||||||
| 15 | of law enforcement officers, concerning all minors under
18 | ||||||
| 16 | years of age must be maintained separate from the records of | ||||||
| 17 | adults and
may not be open to public inspection or their | ||||||
| 18 | contents disclosed to the
public except by order of the court | ||||||
| 19 | or when the institution of criminal
proceedings has been | ||||||
| 20 | permitted under Section 5-130 or 5-805 or required
under | ||||||
| 21 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
| 22 | crime and is the
subject of
pre-sentence investigation or when | ||||||
| 23 | provided by law.
| ||||||
| 24 | (6) Except as otherwise provided in this subsection (6), | ||||||
| 25 | law enforcement
officers, and personnel of an independent | ||||||
| 26 | agency created by ordinance and charged by a unit of local | ||||||
| |||||||
| |||||||
| 1 | government with the duty of investigating the conduct of law | ||||||
| 2 | enforcement officers, may not disclose the identity of any | ||||||
| 3 | minor
in releasing information to the general public as to the | ||||||
| 4 | arrest, investigation
or disposition of any case involving a | ||||||
| 5 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
| 6 | petition the court to
disclose the name and address of the | ||||||
| 7 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
| 8 | a finding by clear and convincing evidence that the
disclosure | ||||||
| 9 | is either necessary for the victim to pursue a civil remedy | ||||||
| 10 | against
the minor or the minor's parents or legal guardian, or | ||||||
| 11 | both, or to protect the
victim's person or property from the | ||||||
| 12 | minor, then the court may order the
disclosure of the | ||||||
| 13 | information to the victim or to the parent or legal guardian
of | ||||||
| 14 | the victim only for the purpose of the victim pursuing a civil | ||||||
| 15 | remedy
against the minor or the minor's parents or legal | ||||||
| 16 | guardian, or both, or to
protect the victim's person or | ||||||
| 17 | property from the minor.
| ||||||
| 18 | (7) Nothing contained in this Section shall prohibit law | ||||||
| 19 | enforcement
agencies when acting in their official capacity | ||||||
| 20 | from communicating with each
other by letter, memorandum, | ||||||
| 21 | teletype or
intelligence alert bulletin or other means the | ||||||
| 22 | identity or other relevant
information pertaining to a person | ||||||
| 23 | under 18 years of age. The information
provided under this | ||||||
| 24 | subsection (7) shall remain confidential and shall not
be | ||||||
| 25 | publicly disclosed, except as otherwise allowed by law.
| ||||||
| 26 | (8) No person shall disclose information under this Section | ||||||
| |||||||
| |||||||
| 1 | except when
acting in his or her official capacity and as | ||||||
| 2 | provided by law or order of
court.
| ||||||
| 3 | (9) The changes made to this Section by Public Act 98-61 | ||||||
| 4 | this amendatory Act of the 98th General Assembly apply to law | ||||||
| 5 | enforcement records of a minor who has been arrested or taken | ||||||
| 6 | into custody on or after January 1, 2014 (the effective date of | ||||||
| 7 | Public Act 98-61) this amendatory Act. | ||||||
| 8 | (Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; | ||||||
| 9 | 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; revised 11-22-13.)
| ||||||
| 10 | (705 ILCS 405/5-915)
| ||||||
| 11 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
| 12 | court records.
| ||||||
| 13 | (0.05) For purposes of this Section and Section 5-622: | ||||||
| 14 | "Expunge" means to physically destroy the records and | ||||||
| 15 | to obliterate the minor's name from any official index or | ||||||
| 16 | public record, or both. Nothing in this Act shall require | ||||||
| 17 | the physical destruction of the internal office records, | ||||||
| 18 | files, or databases maintained by a State's Attorney's | ||||||
| 19 | Office or other prosecutor. | ||||||
| 20 | "Law enforcement record" includes but is not limited to | ||||||
| 21 | records of arrest, station adjustments, fingerprints, | ||||||
| 22 | probation adjustments, the issuance of a notice to appear, | ||||||
| 23 | or any other records maintained by a law enforcement agency | ||||||
| 24 | relating to a minor suspected of committing an offense. | ||||||
| 25 | (1) Whenever any person has attained the age of 18 or | ||||||
| |||||||
| |||||||
| 1 | whenever all juvenile
court proceedings relating to that person | ||||||
| 2 | have been terminated, whichever is
later, the person may | ||||||
| 3 | petition the court to expunge law enforcement records
relating | ||||||
| 4 | to incidents occurring before his or her 18th birthday or his | ||||||
| 5 | or her
juvenile court
records, or both, but only in the | ||||||
| 6 | following circumstances:
| ||||||
| 7 | (a) the minor was arrested and no petition for | ||||||
| 8 | delinquency was filed with
the clerk of the circuit court; | ||||||
| 9 | or
| ||||||
| 10 | (b) the minor was charged with an offense and was found | ||||||
| 11 | not delinquent of
that offense; or
| ||||||
| 12 | (c) the minor was placed under supervision pursuant to | ||||||
| 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 | (2) Any person may petition the court to expunge all law | ||||||
| 19 | enforcement records
relating to any
incidents occurring before | ||||||
| 20 | his or her 18th birthday which did not result in
proceedings in | ||||||
| 21 | criminal court and all juvenile court records with respect to
| ||||||
| 22 | any adjudications except those based upon first degree
murder | ||||||
| 23 | and
sex offenses which would be felonies if committed by an | ||||||
| 24 | adult, if the person
for whom expungement is sought has had no
| ||||||
| 25 | convictions for any crime since his or her 18th birthday and:
| ||||||
| 26 | (a) has attained the age of 21 years; or
| ||||||
| |||||||
| |||||||
| 1 | (b) 5 years have elapsed since all juvenile court | ||||||
| 2 | proceedings relating to
him or her have been terminated or | ||||||
| 3 | his or her commitment to the Department of
Juvenile Justice
| ||||||
| 4 | pursuant to this Act has been terminated;
| ||||||
| 5 | whichever is later of (a) or (b). Nothing in this Section 5-915 | ||||||
| 6 | precludes a minor from obtaining expungement under Section | ||||||
| 7 | 5-622. | ||||||
| 8 | (2.5) If a minor is arrested and no petition for | ||||||
| 9 | delinquency is filed with the clerk of the circuit court as | ||||||
| 10 | provided in paragraph (a) of subsection (1) at the time the | ||||||
| 11 | minor is released from custody, the youth officer, if | ||||||
| 12 | applicable, or other designated person from the arresting | ||||||
| 13 | agency, shall notify verbally and in writing to the minor or | ||||||
| 14 | the minor's parents or guardians that if the State's Attorney | ||||||
| 15 | does not file a petition for delinquency, the minor has a right | ||||||
| 16 | to petition to have his or her arrest record expunged when the | ||||||
| 17 | minor attains the age of 18 or when all juvenile court | ||||||
| 18 | proceedings relating to that minor have been terminated and | ||||||
| 19 | that unless a petition to expunge is filed, the minor shall | ||||||
| 20 | have an arrest record and shall provide the minor and the | ||||||
| 21 | minor's parents or guardians with an expungement information | ||||||
| 22 | packet, including a petition to expunge juvenile records | ||||||
| 23 | obtained from the clerk of the circuit court. | ||||||
| 24 | (2.6) If a minor is charged with an offense and is found | ||||||
| 25 | not delinquent of that offense; or if a minor is placed under | ||||||
| 26 | supervision under Section 5-615, and the order of supervision | ||||||
| |||||||
| |||||||
| 1 | is successfully terminated; or if a minor is adjudicated for an | ||||||
| 2 | offense that would be a Class B misdemeanor, a Class C | ||||||
| 3 | misdemeanor, or a business or petty offense if committed by an | ||||||
| 4 | adult; or if a minor has incidents occurring before his or her | ||||||
| 5 | 18th birthday that have not resulted in proceedings in criminal | ||||||
| 6 | court, or resulted in proceedings in juvenile court, and the | ||||||
| 7 | adjudications were not based upon first degree murder or sex | ||||||
| 8 | offenses that would be felonies if committed by an adult; then | ||||||
| 9 | at the time of sentencing or dismissal of the case, the judge | ||||||
| 10 | shall inform the delinquent minor of his or her right to | ||||||
| 11 | petition for expungement as provided by law, and the clerk of | ||||||
| 12 | the circuit court shall provide an expungement information | ||||||
| 13 | packet to the delinquent minor, written in plain language, | ||||||
| 14 | including a petition for expungement, a sample of a completed | ||||||
| 15 | petition, expungement instructions that shall include | ||||||
| 16 | information informing the minor that (i) once the case is | ||||||
| 17 | expunged, it shall be treated as if it never occurred, (ii) he | ||||||
| 18 | or she may apply to have petition fees waived, (iii) once he or | ||||||
| 19 | she obtains an expungement, he or she may not be required to | ||||||
| 20 | disclose that he or she had a juvenile record, and (iv) he or | ||||||
| 21 | she may file the petition on his or her own or with the | ||||||
| 22 | assistance of an attorney. The failure of the judge to inform | ||||||
| 23 | the delinquent minor of his or her right to petition for | ||||||
| 24 | expungement as provided by law does not create a substantive | ||||||
| 25 | right, nor is that failure grounds for: (i) a reversal of an | ||||||
| 26 | adjudication of delinquency, (ii) a new trial; or (iii) an | ||||||
| |||||||
| |||||||
| 1 | appeal. | ||||||
| 2 | (2.7) For counties with a population over 3,000,000, the | ||||||
| 3 | clerk of the circuit court shall send a "Notification of a | ||||||
| 4 | Possible Right to Expungement" post card to the minor at the | ||||||
| 5 | address last received by the clerk of the circuit court on the | ||||||
| 6 | date that the minor attains the age of 18 based on the | ||||||
| 7 | birthdate provided to the court by the minor or his or her | ||||||
| 8 | guardian in cases under paragraphs (b), (c), and (d) of | ||||||
| 9 | subsection (1); and when the minor attains the age of 21 based | ||||||
| 10 | on the birthdate provided to the court by the minor or his or | ||||||
| 11 | her guardian in cases under subsection (2). | ||||||
| 12 | (2.8) The petition for expungement for subsection (1) shall | ||||||
| 13 | be substantially in the following form: | ||||||
| 14 | IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||||||
| 15 | ........ JUDICIAL CIRCUIT
| ||||||
| 16 | IN THE INTEREST OF ) NO.
| ||||||
| 17 | )
| ||||||
| 18 | )
| ||||||
| 19 | ...................)
| ||||||
| 20 | (Name of Petitioner)
| ||||||
| 21 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
| 22 | (705 ILCS 405/5-915 (SUBSECTION 1)) | ||||||
| 23 | (Please prepare a separate petition for each offense) | ||||||
| 24 | Now comes ............., petitioner, and respectfully requests
| ||||||
| |||||||
| |||||||
| 1 | that this Honorable Court enter an order expunging all juvenile | ||||||
| 2 | law enforcement and court records of petitioner and in support | ||||||
| 3 | thereof states that:
Petitioner has attained the age of 18, | ||||||
| 4 | his/her birth date being ......, or all
Juvenile Court | ||||||
| 5 | proceedings terminated as of ......, whichever occurred later.
| ||||||
| 6 | Petitioner was arrested on ..... by the ....... Police | ||||||
| 7 | Department for the offense of ......., and:
| ||||||
| 8 | (Check One:)
| ||||||
| 9 | ( ) a. no petition was filed with the Clerk of the Circuit | ||||||
| 10 | Court. | ||||||
| 11 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
| 12 | the offense. | ||||||
| 13 | ( ) c. a petition was filed and the petition was dismissed | ||||||
| 14 | without a finding of delinquency on ..... | ||||||
| 15 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
| 16 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
| 17 | supervision successfully terminated on ........ | ||||||
| 18 | ( ) e. was adjudicated for the offense, which would have been a | ||||||
| 19 | Class B misdemeanor, a Class C misdemeanor, or a petty offense | ||||||
| 20 | or business offense if committed by an adult.
| ||||||
| 21 | Petitioner .... has .... has not been arrested on charges in | ||||||
| 22 | this or any county other than the charges listed above. If | ||||||
| 23 | petitioner has been arrested on additional charges, please list | ||||||
| 24 | the charges below:
| ||||||
| 25 | Charge(s): ...... | ||||||
| 26 | Arresting Agency or Agencies: ........... | ||||||
| |||||||
| |||||||
| 1 | Disposition/Result: (choose from a. through e., above): .....
| ||||||
| 2 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
| 3 | Court to (1) order all law enforcement agencies to expunge all | ||||||
| 4 | records of petitioner to this incident, and (2) to order the | ||||||
| 5 | Clerk of the Court to expunge all records concerning the | ||||||
| 6 | petitioner regarding this incident.
| ||||||
| 7 | ......................
| ||||||
| 8 | Petitioner (Signature)
| ||||||
| 9 | ..........................
| ||||||
| 10 | Petitioner's Street Address | ||||||
| 11 | .....................
| ||||||
| 12 | City, State, Zip Code | ||||||
| 13 | ............................. | ||||||
| 14 | Petitioner's Telephone Number | ||||||
| 15 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
| 16 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
| 17 | statements in this petition are true and correct, or on | ||||||
| 18 | information and belief I believe the same to be true.
| ||||||
| 19 | ...................... | ||||||
| 20 | Petitioner (Signature)
| ||||||
| |||||||
| |||||||
| 1 | The Petition for Expungement for subsection (2) shall be | ||||||
| 2 | substantially in the following form:
| ||||||
| 3 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
| 4 | ........ JUDICIAL CIRCUIT | ||||||
| 5 | IN THE INTEREST OF ) NO.
| ||||||
| 6 | )
| ||||||
| 7 | )
| ||||||
| 8 | ...................)
| ||||||
| 9 | (Name of Petitioner)
| ||||||
| 10 | PETITION TO EXPUNGE JUVENILE RECORDS
| ||||||
| 11 | (705 ILCS 405/5-915 (SUBSECTION 2))
| ||||||
| 12 | (Please prepare a separate petition for each offense)
| ||||||
| 13 | Now comes ............, petitioner, and respectfully requests | ||||||
| 14 | that this Honorable Court enter an order expunging all Juvenile | ||||||
| 15 | Law Enforcement and Court records of petitioner and in support | ||||||
| 16 | thereof states that: | ||||||
| 17 | The incident for which the Petitioner seeks expungement | ||||||
| 18 | occurred before the Petitioner's 18th birthday and did not | ||||||
| 19 | result in proceedings in criminal court and the Petitioner has | ||||||
| 20 | not had any convictions for any crime since his/her 18th | ||||||
| 21 | birthday; and
| ||||||
| 22 | The incident for which the Petitioner seeks expungement | ||||||
| 23 | occurred before the Petitioner's 18th birthday and the | ||||||
| |||||||
| |||||||
| 1 | adjudication was not based upon first-degree murder or sex | ||||||
| 2 | offenses which would be felonies if committed by an adult, and | ||||||
| 3 | the Petitioner has not had any convictions for any crime since | ||||||
| 4 | his/her 18th birthday. | ||||||
| 5 | Petitioner was arrested on ...... by the ....... Police | ||||||
| 6 | Department for the offense of ........, and: | ||||||
| 7 | (Check whichever one occurred the latest:) | ||||||
| 8 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
| 9 | birthday being .......; or | ||||||
| 10 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
| 11 | proceedings relating to the Petitioner have been terminated; or | ||||||
| 12 | the Petitioner's commitment to the Department of Juvenile | ||||||
| 13 | Justice
pursuant to the expungement of juvenile law enforcement | ||||||
| 14 | and court records provisions of the Juvenile Court Act of 1987 | ||||||
| 15 | has been terminated.
Petitioner ...has ...has not been arrested | ||||||
| 16 | on charges in this or any other county other than the charge | ||||||
| 17 | listed above. If petitioner has been arrested on additional | ||||||
| 18 | charges, please list the charges below: | ||||||
| 19 | Charge(s): .......... | ||||||
| 20 | Arresting Agency or Agencies: ....... | ||||||
| 21 | Disposition/Result: (choose from a or b, above): .......... | ||||||
| 22 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
| 23 | Court to (1) order all law enforcement agencies to expunge all | ||||||
| 24 | records of petitioner related to this incident, and (2) to | ||||||
| 25 | order the Clerk of the Court to expunge all records concerning | ||||||
| 26 | the petitioner regarding this incident.
| ||||||
| |||||||
| |||||||
| 1 | .......................
| ||||||
| 2 | Petitioner (Signature) | ||||||
| 3 | ...................... | ||||||
| 4 | Petitioner's Street Address
| ||||||
| 5 | ..................... | ||||||
| 6 | City, State, Zip Code | ||||||
| 7 | ............................. | ||||||
| 8 | Petitioner's Telephone Number
| ||||||
| 9 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
| 10 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
| 11 | statements in this petition are true and correct, or on | ||||||
| 12 | information and belief I believe the same to be true. | ||||||
| 13 | ...................... | ||||||
| 14 | Petitioner (Signature)
| ||||||
| 15 | (3) The chief judge of the circuit in which an arrest was | ||||||
| 16 | made or a charge
was brought or any
judge of that circuit | ||||||
| 17 | designated by the chief judge
may, upon verified petition
of a | ||||||
| 18 | person who is the subject of an arrest or a juvenile court | ||||||
| 19 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
| 20 | the law enforcement
records or official court file, or both, to | ||||||
| 21 | be expunged from the official
records of the arresting | ||||||
| 22 | authority, the clerk of the circuit court and the
Department of | ||||||
| |||||||
| |||||||
| 1 | State Police. The person whose records are to be expunged shall | ||||||
| 2 | petition the court using the appropriate form containing his or | ||||||
| 3 | her current address and shall promptly notify the clerk of the | ||||||
| 4 | circuit court of any change of address. Notice
of the petition | ||||||
| 5 | shall be served upon the State's Attorney or prosecutor charged | ||||||
| 6 | with the duty of prosecuting the offense, the Department of | ||||||
| 7 | State Police, and the arresting agency or agencies by the clerk | ||||||
| 8 | of the circuit court. If an objection is filed within 45
days | ||||||
| 9 | of the notice of the petition, the clerk of the circuit court | ||||||
| 10 | shall set a date for hearing after the 45
day objection period. | ||||||
| 11 | At the hearing the court shall hear evidence on whether the | ||||||
| 12 | expungement should or should not be granted. Unless the State's | ||||||
| 13 | Attorney or prosecutor, the Department of State Police, or an | ||||||
| 14 | arresting agency objects to the expungement within 45
days of | ||||||
| 15 | the notice, the court may enter an order granting expungement. | ||||||
| 16 | The person whose records are to be expunged shall pay the clerk | ||||||
| 17 | of the circuit court a fee equivalent to the cost associated | ||||||
| 18 | with expungement of records by the clerk and the Department of | ||||||
| 19 | State Police. The clerk shall forward a certified copy of the | ||||||
| 20 | order to the Department of State Police, the appropriate | ||||||
| 21 | portion of the fee to the Department of State Police for | ||||||
| 22 | processing, and deliver a certified copy of the order to the | ||||||
| 23 | arresting agency.
| ||||||
| 24 | (3.1) The Notice of Expungement shall be in substantially | ||||||
| 25 | the following form: | ||||||
| 26 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| |||||||
| |||||||
| 1 | .... JUDICIAL CIRCUIT
| ||||||
| 2 | IN THE INTEREST OF ) NO.
| ||||||
| 3 | )
| ||||||
| 4 | )
| ||||||
| 5 | ...................)
| ||||||
| 6 | (Name of Petitioner)
| ||||||
| 7 | NOTICE
| ||||||
| 8 | TO: State's Attorney
| ||||||
| 9 | TO: Arresting Agency
| ||||||
| 10 |
| ||||||
| 11 | ................
| ||||||
| 12 | ................
| ||||||
| 13 |
| ||||||
| 14 | ................
| ||||||
| 15 | ................
| ||||||
| 16 | TO: Illinois State Police
| ||||||
| 17 |
| ||||||
| 18 | .....................
| ||||||
| 19 |
| ||||||
| 20 | .....................
| ||||||
| 21 | ATTENTION: Expungement
| ||||||
| 22 | You are hereby notified that on ....., at ....., in courtroom | ||||||
| 23 | ..., located at ..., before the Honorable ..., Judge, or any | ||||||
| 24 | judge sitting in his/her stead, I shall then and there present | ||||||
| |||||||
| |||||||
| 1 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
| 2 | matter, at which time and place you may appear. | ||||||
| 3 | ...................... | ||||||
| 4 | Petitioner's Signature | ||||||
| 5 | ...........................
| ||||||
| 6 | Petitioner's Street Address | ||||||
| 7 | .....................
| ||||||
| 8 | City, State, Zip Code | ||||||
| 9 | ............................. | ||||||
| 10 | Petitioner's Telephone Number | ||||||
| 11 | PROOF OF SERVICE
| ||||||
| 12 | On the ....... day of ......, 20..., I on oath state that I | ||||||
| 13 | served this notice and true and correct copies of the | ||||||
| 14 | above-checked documents by: | ||||||
| 15 | (Check One:) | ||||||
| 16 | delivering copies personally to each entity to whom they are | ||||||
| 17 | directed; | ||||||
| 18 | or | ||||||
| 19 | by mailing copies to each entity to whom they are directed by | ||||||
| 20 | depositing the same in the U.S. Mail, proper postage fully | ||||||
| 21 | prepaid, before the hour of 5:00 p.m., at the United States | ||||||
| 22 | Postal Depository located at ................. | ||||||
| 23 | .........................................
| ||||||
| 24 |
| ||||||
| 25 | Signature | ||||||
| 26 | Clerk of the Circuit Court or Deputy Clerk | ||||||
| |||||||
| |||||||
| 1 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
| 2 | Address: ........................................ | ||||||
| 3 | Telephone Number: ............................... | ||||||
| 4 | (3.2) The Order of Expungement shall be in substantially | ||||||
| 5 | the following form: | ||||||
| 6 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| 7 | .... JUDICIAL CIRCUIT
| ||||||
| 8 | IN THE INTEREST OF ) NO.
| ||||||
| 9 | )
| ||||||
| 10 | )
| ||||||
| 11 | ...................)
| ||||||
| 12 | (Name of Petitioner)
| ||||||
| 13 | DOB ................ | ||||||
| 14 | Arresting Agency/Agencies ...... | ||||||
| 15 | ORDER OF EXPUNGEMENT
| ||||||
| 16 | (705 ILCS 405/5-915 (SUBSECTION 3))
| ||||||
| 17 | This matter having been heard on the petitioner's motion and | ||||||
| 18 | the court being fully advised in the premises does find that | ||||||
| 19 | the petitioner is indigent or has presented reasonable cause to | ||||||
| 20 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
| 21 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
| 22 | are hereby waived in this matter. | ||||||
| 23 | ( ) 2. The Illinois State Police Bureau of Identification | ||||||
| 24 | and the following law enforcement agencies expunge all records | ||||||
| |||||||
| |||||||
| 1 | of petitioner relating to an arrest dated ...... for the | ||||||
| 2 | offense of ...... | ||||||
| 3 | Law Enforcement Agencies:
| ||||||
| 4 | .........................
| ||||||
| 5 | .........................
| ||||||
| 6 | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||||||
| 7 | Court expunge all records regarding the above-captioned case. | ||||||
| 8 | ENTER: ......................
| ||||||
| 9 |
| ||||||
| 10 | JUDGE | ||||||
| 11 | DATED: ....... | ||||||
| 12 | Name:
| ||||||
| 13 | Attorney for:
| ||||||
| 14 | Address:
City/State/Zip:
| ||||||
| 15 | Attorney Number: | ||||||
| 16 | (3.3) The Notice of Objection shall be in substantially the | ||||||
| 17 | following form: | ||||||
| 18 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| 19 | ....................... JUDICIAL CIRCUIT
| ||||||
| 20 | IN THE INTEREST OF ) NO.
| ||||||
| 21 | )
| ||||||
| 22 | )
| ||||||
| 23 | ...................)
| ||||||
| 24 | (Name of Petitioner)
| ||||||
| |||||||
| |||||||
| 1 | NOTICE OF OBJECTION
| ||||||
| 2 | TO:(Attorney, Public Defender, Minor)
| ||||||
| 3 | .................................
| ||||||
| 4 | .................................
| ||||||
| 5 | TO:(Illinois State Police)
| ||||||
| 6 | .................................
| ||||||
| 7 | ................................. | ||||||
| 8 | TO:(Clerk of the Court)
| ||||||
| 9 | .................................
| ||||||
| 10 | .................................
| ||||||
| 11 | TO:(Judge)
| ||||||
| 12 | .................................
| ||||||
| 13 | .................................
| ||||||
| 14 | TO:(Arresting Agency/Agencies)
| ||||||
| 15 | .................................
| ||||||
| 16 | ................................. | ||||||
| 17 | ATTENTION:
You are hereby notified that an objection has been | ||||||
| 18 | filed by the following entity regarding the above-named minor's | ||||||
| 19 | petition for expungement of juvenile records: | ||||||
| 20 | ( ) State's Attorney's Office;
| ||||||
| 21 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
| 22 | with the duty of prosecuting the offense sought to be expunged;
| ||||||
| 23 | ( ) Department of Illinois State Police; or
| ||||||
| 24 | ( ) Arresting Agency or Agencies.
| ||||||
| 25 | The agency checked above respectfully requests that this case | ||||||
| 26 | be continued and set for hearing on whether the expungement | ||||||
| |||||||
| |||||||
| 1 | should or should not be granted.
| ||||||
| 2 | DATED: ....... | ||||||
| 3 | Name: | ||||||
| 4 | Attorney For:
| ||||||
| 5 | Address: | ||||||
| 6 | City/State/Zip:
| ||||||
| 7 | Telephone:
| ||||||
| 8 | Attorney No.:
| ||||||
| 9 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| ||||||
| 10 | This matter has been set for hearing on the foregoing | ||||||
| 11 | objection, on ...... in room ...., located at ....., before the | ||||||
| 12 | Honorable ....., Judge, or any judge sitting in his/her stead.
| ||||||
| 13 | (Only one hearing shall be set, regardless of the number of | ||||||
| 14 | Notices of Objection received on the same case).
| ||||||
| 15 | A copy of this completed Notice of Objection containing the | ||||||
| 16 | court date, time, and location, has been sent via regular U.S. | ||||||
| 17 | Mail to the following entities. (If more than one Notice of | ||||||
| 18 | Objection is received on the same case, each one must be | ||||||
| 19 | completed with the court date, time and location and mailed to | ||||||
| 20 | the following entities):
| ||||||
| 21 | ( ) Attorney, Public Defender or Minor;
| ||||||
| 22 | ( ) State's Attorney's Office; | ||||||
| 23 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
| 24 | with the duty of prosecuting the offense sought to be expunged; | ||||||
| 25 | ( ) Department of Illinois State Police; and | ||||||
| 26 | ( ) Arresting agency or agencies.
| ||||||
| |||||||
| |||||||
| 1 | Date: ...... | ||||||
| 2 | Initials of Clerk completing this section: .....
| ||||||
| 3 | (4) Upon entry of an order expunging records or files, the | ||||||
| 4 | offense, which
the records or files concern shall be treated as | ||||||
| 5 | if it never occurred. Law
enforcement officers and other public | ||||||
| 6 | offices and agencies shall properly reply
on inquiry that no | ||||||
| 7 | record or file exists with respect to the
person.
| ||||||
| 8 | (5) Records which have not been expunged are sealed, and | ||||||
| 9 | may be obtained
only under the provisions of Sections 5-901, | ||||||
| 10 | 5-905 and 5-915.
| ||||||
| 11 | (6) Nothing in this Section shall be construed to prohibit | ||||||
| 12 | the maintenance
of information relating to an offense after | ||||||
| 13 | records or files concerning the
offense have been expunged if | ||||||
| 14 | the information is kept in a manner that does not
enable | ||||||
| 15 | identification of the offender. This information may only be | ||||||
| 16 | used for
statistical and bona fide research purposes. | ||||||
| 17 | (7)(a) The State Appellate Defender shall establish, | ||||||
| 18 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
| 19 | expungement program
to provide information and assistance to | ||||||
| 20 | minors eligible to have their juvenile records expunged.
| ||||||
| 21 | (b) The State Appellate Defender shall develop brochures, | ||||||
| 22 | pamphlets, and
other
materials in
printed form and through the | ||||||
| 23 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
| 24 | shall
include at a minimum the following information:
| ||||||
| 25 | (i) An explanation of the State's juvenile expungement | ||||||
| 26 | process; | ||||||
| |||||||
| |||||||
| 1 | (ii) The circumstances under which juvenile | ||||||
| 2 | expungement may occur; | ||||||
| 3 | (iii) The juvenile offenses that may be expunged; | ||||||
| 4 | (iv) The steps necessary to initiate and complete the | ||||||
| 5 | juvenile expungement process;
and | ||||||
| 6 | (v) Directions on how to contact the State Appellate | ||||||
| 7 | Defender. | ||||||
| 8 | (c) The State Appellate Defender shall establish and | ||||||
| 9 | maintain a statewide
toll-free telephone
number that a person | ||||||
| 10 | may use to receive information or assistance concerning
the | ||||||
| 11 | expungement of juvenile records. The State Appellate
Defender | ||||||
| 12 | shall advertise
the toll-free telephone number statewide. The | ||||||
| 13 | State Appellate Defender shall
develop an expungement
| ||||||
| 14 | information packet that may be sent to eligible persons seeking | ||||||
| 15 | expungement of
their juvenile records,
which may include, but | ||||||
| 16 | is not limited to, a pre-printed expungement petition
with | ||||||
| 17 | instructions on how
to complete the petition and a pamphlet | ||||||
| 18 | containing information that would
assist individuals through
| ||||||
| 19 | the juvenile expungement process. | ||||||
| 20 | (d) The State Appellate Defender shall compile a statewide | ||||||
| 21 | list of volunteer
attorneys willing
to assist eligible | ||||||
| 22 | individuals through the juvenile expungement process. | ||||||
| 23 | (e) This Section shall be implemented from funds | ||||||
| 24 | appropriated by the General
Assembly to the State
Appellate | ||||||
| 25 | Defender
for this purpose. The State Appellate Defender shall | ||||||
| 26 | employ the necessary staff
and adopt the
necessary rules for | ||||||
| |||||||
| |||||||
| 1 | implementation of this Section. | ||||||
| 2 | (8)(a) Except with respect to law enforcement agencies, the | ||||||
| 3 | Department of Corrections, State's Attorneys, or other | ||||||
| 4 | prosecutors, an expunged juvenile record may not be considered | ||||||
| 5 | by any private or public entity in employment matters, | ||||||
| 6 | certification, licensing, revocation of certification or | ||||||
| 7 | licensure, or registration. Applications for employment must | ||||||
| 8 | contain specific language that states that the applicant is not | ||||||
| 9 | obligated to disclose expunged juvenile records of conviction | ||||||
| 10 | or arrest. Employers may not ask if an applicant has had a | ||||||
| 11 | juvenile record expunged. Effective January 1, 2005, the | ||||||
| 12 | Department of Labor shall develop a link on the Department's | ||||||
| 13 | website to inform employers that employers may not ask if an | ||||||
| 14 | applicant had a juvenile record expunged and that application | ||||||
| 15 | for employment must contain specific language that states that | ||||||
| 16 | the applicant is not obligated to disclose expunged juvenile | ||||||
| 17 | records of arrest or conviction. | ||||||
| 18 | (b) A person whose juvenile records have been expunged is | ||||||
| 19 | not entitled to remission of any fines, costs, or other money | ||||||
| 20 | paid as a consequence of expungement. This amendatory Act of | ||||||
| 21 | the 93rd General Assembly does not affect the right of the | ||||||
| 22 | victim of a crime to prosecute or defend a civil action for | ||||||
| 23 | damages.
| ||||||
| 24 | (c) The expungement of juvenile records under Section 5-622 | ||||||
| 25 | shall be funded by the additional fine imposed under Section | ||||||
| 26 | 5-9-1.17 of the Unified Code of Corrections and additional | ||||||
| |||||||
| |||||||
| 1 | appropriations made by the General Assembly for such purpose. | ||||||
| 2 | (9) The changes made to this Section by Public Act 98-61 | ||||||
| 3 | this amendatory Act of the 98th General Assembly apply to law | ||||||
| 4 | enforcement records of a minor who has been arrested or taken | ||||||
| 5 | into custody on or after January 1, 2014 (the effective date of | ||||||
| 6 | Public Act 98-61) this amendatory Act. | ||||||
| 7 | (Source: P.A. 98-61, eff. 1-1-14; revised 3-27-14.)
| ||||||
| 8 | Section 695. The Criminal Code of 2012 is amended by | ||||||
| 9 | changing Sections 2-10.1, 3-6, 10-9, 11-1.40, 11-9.1B, 11-14, | ||||||
| 10 | 12-3.05, 12C-10, 19-4, 21-1.3, 31A-1.1, 33-1, and 33E-18 as | ||||||
| 11 | follows:
| ||||||
| 12 | (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
| ||||||
| 13 | Sec. 2-10.1.
"Severely or profoundly intellectually | ||||||
| 14 | disabled
person" means a person (i)
whose intelligence quotient | ||||||
| 15 | does not exceed 40 or (ii) whose
intelligence quotient does not | ||||||
| 16 | exceed 55 and who suffers
from
significant mental illness to | ||||||
| 17 | the extent that the person's ability to exercise
rational | ||||||
| 18 | judgment is impaired. In any proceeding in which the defendant | ||||||
| 19 | is
charged with committing a violation of Section 10-2, 10-5, | ||||||
| 20 | 11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1,
11-19.2, 11-20.1, | ||||||
| 21 | 11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision | ||||||
| 22 | (b)(1) of Section 12-3.05, of this Code against a victim who is
| ||||||
| 23 | alleged to be a severely or profoundly intellectually disabled
| ||||||
| 24 | person, any findings concerning the victim's status as a
| ||||||
| |||||||
| |||||||
| 1 | severely or profoundly intellectually disabled person, made by | ||||||
| 2 | a court after a
judicial admission hearing concerning the | ||||||
| 3 | victim under Articles V and VI of
Chapter IV 4 of the Mental | ||||||
| 4 | Health and Developmental Disabilities Code
shall be | ||||||
| 5 | admissible.
| ||||||
| 6 | (Source: P.A. 96-1551, Article 1, Section 960, eff. 7-1-11; | ||||||
| 7 | 96-1551, Article 2, Section 1035, eff. 7-1-11; 97-227, eff. | ||||||
| 8 | 1-1-12; 97-1109, eff. 1-1-13; revised 9-11-13.)
| ||||||
| 9 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| ||||||
| 10 | Sec. 3-6. Extended limitations. The period within which a | ||||||
| 11 | prosecution
must be commenced under the provisions of Section | ||||||
| 12 | 3-5 or other applicable
statute is extended under the following | ||||||
| 13 | conditions:
| ||||||
| 14 | (a) A prosecution for theft involving a breach of a | ||||||
| 15 | fiduciary obligation
to the aggrieved person may be commenced | ||||||
| 16 | as follows:
| ||||||
| 17 | (1) If the aggrieved person is a minor or a person | ||||||
| 18 | under legal disability,
then during the minority or legal | ||||||
| 19 | disability or within one year after the
termination | ||||||
| 20 | thereof.
| ||||||
| 21 | (2) In any other instance, within one year after the | ||||||
| 22 | discovery of the
offense by an aggrieved person, or by a | ||||||
| 23 | person who has legal capacity to
represent an aggrieved | ||||||
| 24 | person or has a legal duty to report the offense,
and is | ||||||
| 25 | not himself or herself a party to the offense; or in the | ||||||
| |||||||
| |||||||
| 1 | absence of such
discovery, within one year after the proper | ||||||
| 2 | prosecuting officer becomes
aware of the offense. However, | ||||||
| 3 | in no such case is the period of limitation
so extended | ||||||
| 4 | more than 3 years beyond the expiration of the period | ||||||
| 5 | otherwise
applicable.
| ||||||
| 6 | (b) A prosecution for any offense based upon misconduct in | ||||||
| 7 | office by a
public officer or employee may be commenced within | ||||||
| 8 | one year after discovery
of the offense by a person having a | ||||||
| 9 | legal duty to report such offense, or
in the absence of such | ||||||
| 10 | discovery, within one year after the proper
prosecuting officer | ||||||
| 11 | becomes aware of the offense. However, in no such case
is the | ||||||
| 12 | period of limitation so extended more than 3 years beyond the
| ||||||
| 13 | expiration of the period otherwise applicable.
| ||||||
| 14 | (b-5) When the victim is under 18 years of age at the time | ||||||
| 15 | of the offense, a prosecution for involuntary servitude, | ||||||
| 16 | involuntary sexual servitude of a minor, or trafficking in | ||||||
| 17 | persons and related offenses under Section 10-9 of this Code | ||||||
| 18 | may be commenced within one year of the victim attaining the | ||||||
| 19 | age of 18 years. However, in no such case shall the time period | ||||||
| 20 | for prosecution expire sooner than 3 years after the commission | ||||||
| 21 | of the offense. | ||||||
| 22 | (c) (Blank).
| ||||||
| 23 | (d) A prosecution for child pornography, aggravated child | ||||||
| 24 | pornography, indecent
solicitation of a
child, soliciting for a | ||||||
| 25 | juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
| 26 | child, or promoting juvenile prostitution except for keeping a | ||||||
| |||||||
| |||||||
| 1 | place of juvenile prostitution may be commenced within one year | ||||||
| 2 | of the victim
attaining the age of 18 years. However, in no | ||||||
| 3 | such case shall the time
period for prosecution expire sooner | ||||||
| 4 | than 3 years after the commission of
the offense. When the | ||||||
| 5 | victim is under 18 years of age, a prosecution for
criminal
| ||||||
| 6 | sexual abuse may be commenced within
one year of the victim | ||||||
| 7 | attaining the age of 18 years. However, in no such
case shall | ||||||
| 8 | the time period for prosecution expire sooner than 3 years | ||||||
| 9 | after
the commission of the offense.
| ||||||
| 10 | (e) Except as otherwise provided in subdivision (j), a | ||||||
| 11 | prosecution for
any offense involving sexual conduct or sexual
| ||||||
| 12 | penetration, as defined in Section 11-0.1 of this Code, where | ||||||
| 13 | the defendant
was within a professional or fiduciary | ||||||
| 14 | relationship or a purported
professional or fiduciary | ||||||
| 15 | relationship with the victim at the
time of the commission of | ||||||
| 16 | the offense may be commenced within one year
after the | ||||||
| 17 | discovery of the offense by the victim.
| ||||||
| 18 | (f) A prosecution for any offense set forth in Section 44
| ||||||
| 19 | of the "Environmental Protection Act", approved June 29, 1970, | ||||||
| 20 | as amended,
may be commenced within 5 years after the discovery | ||||||
| 21 | of such
an offense by a person or agency having the legal duty | ||||||
| 22 | to report the
offense or in the absence of such discovery, | ||||||
| 23 | within 5 years
after the proper prosecuting officer becomes | ||||||
| 24 | aware of the offense.
| ||||||
| 25 | (f-5) A prosecution for any offense set forth in Section | ||||||
| 26 | 16-30 of this Code may be commenced within 5 years after the | ||||||
| |||||||
| |||||||
| 1 | discovery of the offense by the victim of that offense.
| ||||||
| 2 | (g) (Blank).
| ||||||
| 3 | (h) (Blank).
| ||||||
| 4 | (i) Except as otherwise provided in subdivision (j), a | ||||||
| 5 | prosecution for
criminal sexual assault, aggravated criminal
| ||||||
| 6 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
| 7 | commenced within 10
years of the commission of the offense if | ||||||
| 8 | the victim reported the offense to
law enforcement authorities | ||||||
| 9 | within 3 years after the commission of the offense.
| ||||||
| 10 | Nothing in this subdivision (i) shall be construed to
| ||||||
| 11 | shorten a period within which a prosecution must be commenced | ||||||
| 12 | under any other
provision of this Section.
| ||||||
| 13 | (j) (1) When the victim is under 18 years of age at the | ||||||
| 14 | time of the offense, a
prosecution
for criminal sexual assault, | ||||||
| 15 | aggravated criminal sexual assault, predatory
criminal sexual | ||||||
| 16 | assault of a child, aggravated criminal sexual abuse, or felony | ||||||
| 17 | criminal sexual abuse may be commenced at any time when | ||||||
| 18 | corroborating physical evidence is available or an individual | ||||||
| 19 | who is required to report an alleged or suspected commission of | ||||||
| 20 | any of these offenses under the Abused and Neglected Child | ||||||
| 21 | Reporting Act fails to do so. | ||||||
| 22 | (2) In circumstances other than as described in paragraph | ||||||
| 23 | (1) of this subsection (j), when the victim is under 18 years | ||||||
| 24 | of age at the time of the offense, a prosecution for criminal | ||||||
| 25 | sexual assault, aggravated criminal sexual assault, predatory | ||||||
| 26 | criminal sexual assault of a child, aggravated criminal sexual | ||||||
| |||||||
| |||||||
| 1 | abuse, or felony criminal sexual abuse, or a
prosecution for | ||||||
| 2 | failure of a person who is required to report an alleged
or | ||||||
| 3 | suspected commission of any of these offenses under the Abused | ||||||
| 4 | and Neglected
Child Reporting Act may be
commenced within 20 | ||||||
| 5 | years after the child victim attains 18
years of age. | ||||||
| 6 | (3) When the victim is under 18 years of age at the time of | ||||||
| 7 | the offense, a
prosecution
for misdemeanor criminal sexual | ||||||
| 8 | abuse may be
commenced within 10 years after the child victim | ||||||
| 9 | attains 18
years of age.
| ||||||
| 10 | (4) Nothing in this subdivision (j) shall be construed to
| ||||||
| 11 | shorten a period within which a prosecution must be commenced | ||||||
| 12 | under any other
provision of this Section.
| ||||||
| 13 | (k) A prosecution for theft involving real property | ||||||
| 14 | exceeding $100,000 in value under Section 16-1, identity theft | ||||||
| 15 | under subsection (a) of Section 16-30, aggravated identity | ||||||
| 16 | theft under subsection (b) of Section 16-30, or any offense set | ||||||
| 17 | forth in Article 16H or Section 17-10.6 may be commenced within | ||||||
| 18 | 7 years of the last act committed in furtherance of the crime.
| ||||||
| 19 | (l) A prosecution for any offense set forth in Section 26-4 | ||||||
| 20 | of this Code may be commenced within one year after the | ||||||
| 21 | discovery of the offense by the victim of that offense. | ||||||
| 22 | (Source: P.A. 97-597, eff. 1-1-12; 97-897, eff. 1-1-13; 98-293, | ||||||
| 23 | eff. 1-1-14; 98-379, eff. 1-1-14; revised 9-24-13.)
| ||||||
| 24 | (720 ILCS 5/10-9) | ||||||
| 25 | Sec. 10-9. Trafficking in persons, involuntary servitude, | ||||||
| |||||||
| |||||||
| 1 | and related offenses. | ||||||
| 2 | (a) Definitions. In this Section: | ||||||
| 3 | (1) "Intimidation" has the meaning prescribed in | ||||||
| 4 | Section 12-6. | ||||||
| 5 | (2) "Commercial sexual activity" means any sex act on | ||||||
| 6 | account of which anything of value is given, promised to, | ||||||
| 7 | or received by any person.
| ||||||
| 8 | (3) "Financial harm" includes intimidation that brings | ||||||
| 9 | about financial loss, criminal usury, or employment | ||||||
| 10 | contracts that violate the Frauds Act. | ||||||
| 11 | (4) (Blank). " | ||||||
| 12 | (5) "Labor" means work of economic or financial value. | ||||||
| 13 | (6) "Maintain" means, in relation to labor or services, | ||||||
| 14 | to secure continued performance thereof, regardless of any | ||||||
| 15 | initial agreement on the part of the victim to perform that | ||||||
| 16 | type of service. | ||||||
| 17 | (7) "Obtain" means, in relation to labor or services, | ||||||
| 18 | to secure performance thereof. | ||||||
| 19 | (7.5) "Serious harm" means any harm, whether physical | ||||||
| 20 | or nonphysical, including psychological, financial, or | ||||||
| 21 | reputational harm, that is sufficiently serious, under all | ||||||
| 22 | the surrounding circumstances, to compel a reasonable | ||||||
| 23 | person of the same background and in the same circumstances | ||||||
| 24 | to perform or to continue performing labor or services in | ||||||
| 25 | order to avoid incurring that harm. | ||||||
| 26 | (8) "Services" means activities resulting from a | ||||||
| |||||||
| |||||||
| 1 | relationship between a person and the actor in which the | ||||||
| 2 | person performs activities under the supervision of or for | ||||||
| 3 | the benefit of the actor. Commercial sexual activity and | ||||||
| 4 | sexually-explicit performances are forms of activities | ||||||
| 5 | that are "services" under this Section. Nothing in this | ||||||
| 6 | definition may be construed to legitimize or legalize | ||||||
| 7 | prostitution. | ||||||
| 8 | (9) "Sexually-explicit performance" means a live, | ||||||
| 9 | recorded, broadcast (including over the Internet), or | ||||||
| 10 | public act or show intended to arouse or satisfy the sexual | ||||||
| 11 | desires or appeal to the prurient interests of patrons. | ||||||
| 12 | (10) "Trafficking victim" means a person subjected to | ||||||
| 13 | the practices set forth in subsection (b), (c), or (d). | ||||||
| 14 | (b) Involuntary servitude. A person commits involuntary | ||||||
| 15 | servitude when he or she knowingly subjects, attempts to | ||||||
| 16 | subject, or engages in a conspiracy to subject another person | ||||||
| 17 | to labor or services obtained or maintained through any of the | ||||||
| 18 | following means, or any combination of these means: | ||||||
| 19 | (1) causes or threatens to cause physical harm to any | ||||||
| 20 | person; | ||||||
| 21 | (2) physically restrains or threatens to physically | ||||||
| 22 | restrain another person; | ||||||
| 23 | (3) abuses or threatens to abuse the law or legal | ||||||
| 24 | process; | ||||||
| 25 | (4) knowingly destroys, conceals, removes, | ||||||
| 26 | confiscates, or possesses any actual or purported passport | ||||||
| |||||||
| |||||||
| 1 | or other immigration document, or any other actual or | ||||||
| 2 | purported government identification document, of another | ||||||
| 3 | person; | ||||||
| 4 | (5) uses intimidation, or exerts financial control | ||||||
| 5 | over any person; or | ||||||
| 6 | (6) uses any scheme, plan, or pattern intended to cause | ||||||
| 7 | the person to believe that, if the person did not perform | ||||||
| 8 | the labor or services, that person or another person would | ||||||
| 9 | suffer serious harm or physical restraint. | ||||||
| 10 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
| 11 | (f), a violation of subsection (b)(1) is a Class X felony, | ||||||
| 12 | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | ||||||
| 13 | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | ||||||
| 14 | (c) Involuntary sexual servitude of a minor. A person | ||||||
| 15 | commits involuntary sexual servitude of a minor when he or she | ||||||
| 16 | knowingly recruits, entices, harbors, transports, provides, or | ||||||
| 17 | obtains by any means, or attempts to recruit, entice, harbor, | ||||||
| 18 | provide, or obtain by any means, another person under 18 years | ||||||
| 19 | of age, knowing that the minor will engage in commercial sexual | ||||||
| 20 | activity, a sexually-explicit performance, or the production | ||||||
| 21 | of pornography, or causes or attempts to cause a minor to | ||||||
| 22 | engage in one or more of those activities and: | ||||||
| 23 | (1) there is no overt force or threat and the minor is | ||||||
| 24 | between the ages of 17 and 18 years; | ||||||
| 25 | (2) there is no overt force or threat and the minor is | ||||||
| 26 | under the age of 17 years; or | ||||||
| |||||||
| |||||||
| 1 | (3) there is overt force or threat. | ||||||
| 2 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
| 3 | (f), a violation of subsection (c)(1) is a Class 1 felony, | ||||||
| 4 | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | ||||||
| 5 | (d) Trafficking in persons. A person commits trafficking in | ||||||
| 6 | persons when he or she knowingly: (1) recruits, entices, | ||||||
| 7 | harbors, transports, provides, or obtains by any means, or | ||||||
| 8 | attempts to recruit, entice, harbor, transport, provide, or | ||||||
| 9 | obtain by any means, another person, intending or knowing that | ||||||
| 10 | the person will be subjected to involuntary servitude; or (2) | ||||||
| 11 | benefits, financially or by receiving anything of value, from | ||||||
| 12 | participation in a venture that has engaged in an act of | ||||||
| 13 | involuntary servitude or involuntary sexual servitude of a | ||||||
| 14 | minor. | ||||||
| 15 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
| 16 | (f), a violation of this subsection is a Class 1 felony. | ||||||
| 17 | (e) Aggravating factors. A violation of this Section | ||||||
| 18 | involving kidnapping or an attempt to kidnap, aggravated | ||||||
| 19 | criminal sexual assault or an attempt to commit aggravated | ||||||
| 20 | criminal sexual assault, or an attempt to commit first degree | ||||||
| 21 | murder is a Class X felony. | ||||||
| 22 | (f) Sentencing considerations. | ||||||
| 23 | (1) Bodily injury. If, pursuant to a violation of this | ||||||
| 24 | Section, a victim
suffered bodily injury, the defendant may | ||||||
| 25 | be sentenced to an extended-term sentence under Section | ||||||
| 26 | 5-8-2 of the Unified Code of Corrections. The sentencing | ||||||
| |||||||
| |||||||
| 1 | court must take into account the time in which the victim | ||||||
| 2 | was held in servitude, with increased penalties for cases | ||||||
| 3 | in which the victim was held for between 180 days and one | ||||||
| 4 | year, and increased penalties for cases in which the victim | ||||||
| 5 | was held for more than one year. | ||||||
| 6 | (2) Number of victims. In determining sentences within | ||||||
| 7 | statutory maximums, the sentencing court should take into | ||||||
| 8 | account the number of victims, and may provide for | ||||||
| 9 | substantially increased sentences in cases involving more | ||||||
| 10 | than 10 victims. | ||||||
| 11 | (g) Restitution. Restitution is mandatory under this | ||||||
| 12 | Section. In addition to any other amount of loss identified, | ||||||
| 13 | the court shall order restitution including the greater of (1) | ||||||
| 14 | the gross income or value to the defendant of the victim's | ||||||
| 15 | labor or services or (2) the value of the victim's labor as | ||||||
| 16 | guaranteed under the Minimum Wage Law and overtime provisions | ||||||
| 17 | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | ||||||
| 18 | whichever is greater. | ||||||
| 19 | (h) Trafficking victim services. Subject to the | ||||||
| 20 | availability of funds, the Department of Human Services may | ||||||
| 21 | provide or fund emergency services and assistance to | ||||||
| 22 | individuals who are victims of one or more offenses defined in | ||||||
| 23 | this Section.
| ||||||
| 24 | (i) Certification. The Attorney General, a State's | ||||||
| 25 | Attorney, or any law enforcement official shall certify in | ||||||
| 26 | writing to the United States Department of Justice or other | ||||||
| |||||||
| |||||||
| 1 | federal agency, such as the United States Department of | ||||||
| 2 | Homeland Security, that an investigation or prosecution under | ||||||
| 3 | this Section has begun and the individual who is a likely | ||||||
| 4 | victim of a crime described in this Section is willing to | ||||||
| 5 | cooperate or is cooperating with the investigation to enable | ||||||
| 6 | the individual, if eligible under federal law, to qualify for | ||||||
| 7 | an appropriate special immigrant visa and to access available | ||||||
| 8 | federal benefits. Cooperation with law enforcement shall not be | ||||||
| 9 | required of victims of a crime described in this Section who | ||||||
| 10 | are under 18 years of age. This certification shall be made | ||||||
| 11 | available to the victim and his or her designated legal | ||||||
| 12 | representative. | ||||||
| 13 | (j) A person who commits involuntary servitude, | ||||||
| 14 | involuntary sexual servitude of a minor, or trafficking in | ||||||
| 15 | persons under subsection (b), (c), or (d) of this Section is | ||||||
| 16 | subject to the property forfeiture provisions set forth in | ||||||
| 17 | Article 124B of the Code of Criminal Procedure of 1963.
| ||||||
| 18 | (Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff. | ||||||
| 19 | 1-1-10; 96-1000, eff. 7-2-10; 97-897, eff. 1-1-13; revised | ||||||
| 20 | 11-12-13.)
| ||||||
| 21 | (720 ILCS 5/11-1.40)
(was 720 ILCS 5/12-14.1)
| ||||||
| 22 | Sec. 11-1.40. Predatory criminal sexual assault of a child.
| ||||||
| 23 | (a) A person commits predatory criminal sexual assault of a | ||||||
| 24 | child if that person commits an act of sexual penetration or an | ||||||
| 25 | act of contact, however slight, between the sex organ or anus | ||||||
| |||||||
| |||||||
| 1 | of one person and the part of the body of another, and the | ||||||
| 2 | accused is 17 years of age or older, and: | ||||||
| 3 | (1) the victim is under 13 years of age; or | ||||||
| 4 | (2) the victim is under 13 years of age and that | ||||||
| 5 | person: | ||||||
| 6 | (A) is armed with a firearm; | ||||||
| 7 | (B) personally discharges a firearm during the | ||||||
| 8 | commission of the offense; | ||||||
| 9 | (C) causes great bodily harm to the victim that: | ||||||
| 10 | (i) results in permanent disability; or | ||||||
| 11 | (ii) is life threatening; or | ||||||
| 12 | (D) delivers (by injection, inhalation, ingestion, | ||||||
| 13 | transfer of possession, or any other means) any | ||||||
| 14 | controlled substance to the victim without the | ||||||
| 15 | victim's consent or by threat or deception, for other | ||||||
| 16 | than medical purposes.
| ||||||
| 17 | (b) Sentence.
| ||||||
| 18 | (1) A person convicted of a violation of subsection | ||||||
| 19 | (a)(1)
commits a Class X felony, for which the person shall | ||||||
| 20 | be sentenced to a term of imprisonment of not less than 6 | ||||||
| 21 | years and not more than 60 years.
A person convicted of a | ||||||
| 22 | violation of subsection (a)(2)(A) commits a Class X
felony | ||||||
| 23 | for which 15 years shall be added to the term of | ||||||
| 24 | imprisonment imposed by
the court. A person convicted of a | ||||||
| 25 | violation of subsection (a)(2)(B) commits a
Class X felony | ||||||
| 26 | for which 20 years shall be added to the term of | ||||||
| |||||||
| |||||||
| 1 | imprisonment
imposed by the court. A person convicted of a | ||||||
| 2 | violation of subsection (a)(2)(C)
commits a Class X felony | ||||||
| 3 | for which the person shall be sentenced to a term of
| ||||||
| 4 | imprisonment of not less than 50 years or up to a term of | ||||||
| 5 | natural life
imprisonment.
| ||||||
| 6 | (1.1) A person convicted of a violation of subsection | ||||||
| 7 | (a)(2)(D) commits a
Class X felony for which the person
| ||||||
| 8 | shall be
sentenced to a
term of imprisonment of not less | ||||||
| 9 | than 50 years and not more than 60 years.
| ||||||
| 10 | (1.2) A person convicted of predatory criminal sexual | ||||||
| 11 | assault of a child
committed
against 2 or more persons | ||||||
| 12 | regardless of whether the offenses occurred as the
result | ||||||
| 13 | of the same act or of several related or unrelated acts | ||||||
| 14 | shall be
sentenced to a term of natural life imprisonment.
| ||||||
| 15 | (2) A person who is convicted of a second or subsequent | ||||||
| 16 | offense of
predatory criminal sexual assault of a child, or | ||||||
| 17 | who is convicted of the
offense of
predatory criminal | ||||||
| 18 | sexual assault of a child after having previously been
| ||||||
| 19 | convicted of the offense of criminal sexual assault or the | ||||||
| 20 | offense of
aggravated criminal sexual assault, or who is | ||||||
| 21 | convicted of the offense of
predatory criminal sexual | ||||||
| 22 | assault of a child after having previously been
convicted | ||||||
| 23 | under the laws of this State
or any other state of an | ||||||
| 24 | offense that is substantially equivalent to the
offense
of | ||||||
| 25 | predatory criminal sexual assault of a child, the offense | ||||||
| 26 | of aggravated
criminal sexual assault or the offense of | ||||||
| |||||||
| |||||||
| 1 | criminal sexual assault, shall be
sentenced to a term of | ||||||
| 2 | natural life imprisonment.
The commission of the second or | ||||||
| 3 | subsequent offense is required to have been
after the | ||||||
| 4 | initial conviction for this paragraph (2) to apply.
| ||||||
| 5 | (Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
| ||||||
| 6 | (720 ILCS 5/11-9.1B) | ||||||
| 7 | Sec. 11-9.1B. Failure to report sexual abuse of a child. | ||||||
| 8 | (a) For the purposes of this Section: | ||||||
| 9 | "Child" means any person under the age of 13. | ||||||
| 10 | "Sexual abuse" means any contact, however slight, between | ||||||
| 11 | the sex organ or anus of the victim or the accused and an | ||||||
| 12 | object or body part, including, but not limited to, the sex | ||||||
| 13 | organ, mouth, or anus of the victim or the accused, or any | ||||||
| 14 | intrusion, however slight, of any part of the body of the | ||||||
| 15 | victim or the accused or of any animal or object into the sex | ||||||
| 16 | organ or anus of the victim or the accused, including, but not | ||||||
| 17 | limited to, cunnilingus, fellatio, or anal penetration. | ||||||
| 18 | Evidence of emission of semen is not required to prove sexual | ||||||
| 19 | abuse. | ||||||
| 20 | (b) A person over the age of 18 commits failure to report | ||||||
| 21 | sexual abuse of a child when he or she personally observes | ||||||
| 22 | sexual abuse, as defined by this Section, between a person who | ||||||
| 23 | he or she knows is over the age of 18 and a person he or she | ||||||
| 24 | knows is a child, and knowingly fails to report the sexual | ||||||
| 25 | abuse to law enforcement. | ||||||
| |||||||
| |||||||
| 1 | (c) This Section does not apply to a person who makes | ||||||
| 2 | timely and reasonable efforts to stop the sexual abuse by | ||||||
| 3 | reporting the sexual abuse in conformance with the Abused and | ||||||
| 4 | Neglected Child Reporting Act or by reporting the sexual abuse | ||||||
| 5 | or causing a report to be made, to medical or law enforcement | ||||||
| 6 | authorities or anyone who is a mandated reporter under Section | ||||||
| 7 | 4 of the Abused and Neglected Child Reporting Act. | ||||||
| 8 | (d) A person may not be charged with the offense of failure | ||||||
| 9 | to report sexual abuse of a child under this Section until the | ||||||
| 10 | person who committed the offense is charged with criminal | ||||||
| 11 | sexual assault, aggravated criminal sexual assault, predatory | ||||||
| 12 | criminal sexual assault of a child, criminal sexual abuse, or | ||||||
| 13 | aggravated criminal sexual abuse. | ||||||
| 14 | (e) It is an affirmative defense to a charge of failure to | ||||||
| 15 | report sexual abuse of a child under this Section that the | ||||||
| 16 | person who personally observed the sexual abuse had a | ||||||
| 17 | reasonable apprehension that timely action to stop the abuse | ||||||
| 18 | would result in the imminent infliction of death, great bodily | ||||||
| 19 | harm, permanent disfigurement, or permanent disability to that | ||||||
| 20 | person or another in retaliation for reporting. | ||||||
| 21 | (f) Sentence. A person who commits failure to report sexual | ||||||
| 22 | abuse of a child is guilty of a Class A misdemeanor for the | ||||||
| 23 | first violation and a Class 4 felony for a second or subsequent | ||||||
| 24 | violation. | ||||||
| 25 | (g) Nothing in this Section shall be construed to allow | ||||||
| 26 | prosecution of a person who personally observes the act of | ||||||
| |||||||
| |||||||
| 1 | sexual abuse and assists with an investigation and any | ||||||
| 2 | subsequent prosecution of the offender.
| ||||||
| 3 | (Source: P.A. 98-370, eff. 1-1-14; revised 11-12-13.)
| ||||||
| 4 | (720 ILCS 5/11-14) (from Ch. 38, par. 11-14) | ||||||
| 5 | Sec. 11-14. Prostitution. | ||||||
| 6 | (a) Any person who knowingly performs, offers or agrees
to | ||||||
| 7 | perform any act of sexual penetration as defined in Section | ||||||
| 8 | 11-0.1 of
this Code for anything
of value, or any touching or | ||||||
| 9 | fondling
of the sex organs of one person by another person, for
| ||||||
| 10 | anything of value, for the purpose of sexual arousal or | ||||||
| 11 | gratification commits
an act of prostitution. | ||||||
| 12 | (b) Sentence. A violation of this Section is a Class A | ||||||
| 13 | misdemeanor. | ||||||
| 14 | (c) (Blank). or 5-6-3.4
| ||||||
| 15 | (d) Notwithstanding the foregoing, if it is determined, | ||||||
| 16 | after a reasonable detention for investigative purposes, that a | ||||||
| 17 | person suspected of or charged with a violation of this Section | ||||||
| 18 | is a person under the age of 18, that person shall be immune | ||||||
| 19 | from prosecution for a prostitution offense under this Section, | ||||||
| 20 | and shall be subject to the temporary protective custody | ||||||
| 21 | provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of | ||||||
| 22 | 1987. Pursuant to the provisions of Section 2-6 of the Juvenile | ||||||
| 23 | Court Act of 1987, a law enforcement officer who takes a person | ||||||
| 24 | under 18 years of age into custody under this Section shall | ||||||
| 25 | immediately report an allegation of a violation of Section 10-9 | ||||||
| |||||||
| |||||||
| 1 | of this Code to the Illinois Department of Children and Family | ||||||
| 2 | Services State Central Register, which shall commence an | ||||||
| 3 | initial investigation into child abuse or child neglect within | ||||||
| 4 | 24 hours pursuant to Section 7.4 of the Abused and Neglected | ||||||
| 5 | Child Reporting Act. | ||||||
| 6 | (Source: P.A. 97-1118, eff. 1-1-13; 98-164, eff. 1-1-14; | ||||||
| 7 | 98-538, eff. 8-23-13; revised 9-24-13.)
| ||||||
| 8 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
| 9 | Sec. 12-3.05. Aggravated battery.
| ||||||
| 10 | (a) Offense based on injury. A person commits aggravated | ||||||
| 11 | battery when, in committing a battery, other than by the | ||||||
| 12 | discharge of a firearm, he or she knowingly does any of the | ||||||
| 13 | following: | ||||||
| 14 | (1) Causes great bodily harm or permanent disability or | ||||||
| 15 | disfigurement. | ||||||
| 16 | (2) Causes severe and permanent disability, great | ||||||
| 17 | bodily harm, or disfigurement by means of a caustic or | ||||||
| 18 | flammable substance, a poisonous gas, a deadly biological | ||||||
| 19 | or chemical contaminant or agent, a radioactive substance, | ||||||
| 20 | or a bomb or explosive compound. | ||||||
| 21 | (3) Causes great bodily harm or permanent disability or | ||||||
| 22 | disfigurement to an individual whom the person knows to be | ||||||
| 23 | a peace officer, community policing volunteer, fireman, | ||||||
| 24 | private security officer, correctional institution | ||||||
| 25 | employee, or Department of Human Services employee | ||||||
| |||||||
| |||||||
| 1 | supervising or controlling sexually dangerous persons or | ||||||
| 2 | sexually violent persons: | ||||||
| 3 | (i) performing his or her official duties; | ||||||
| 4 | (ii) battered to prevent performance of his or her | ||||||
| 5 | official duties; or | ||||||
| 6 | (iii) battered in retaliation for performing his | ||||||
| 7 | or her official duties. | ||||||
| 8 | (4) Causes great bodily harm or permanent disability or | ||||||
| 9 | disfigurement to an individual 60 years of age or older. | ||||||
| 10 | (5) Strangles another individual. | ||||||
| 11 | (b) Offense based on injury to a child or intellectually | ||||||
| 12 | disabled person. A person who is at least 18 years of age | ||||||
| 13 | commits aggravated battery when, in committing a battery, he or | ||||||
| 14 | she knowingly and without legal justification by any means: | ||||||
| 15 | (1) causes great bodily harm or permanent disability or | ||||||
| 16 | disfigurement to any child under the age of 13 years, or to | ||||||
| 17 | any severely or profoundly intellectually disabled person; | ||||||
| 18 | or | ||||||
| 19 | (2) causes bodily harm or disability or disfigurement | ||||||
| 20 | to any child under the age of 13 years or to any severely | ||||||
| 21 | or profoundly intellectually disabled person. | ||||||
| 22 | (c) Offense based on location of conduct. A person commits | ||||||
| 23 | aggravated battery when, in committing a battery, other than by | ||||||
| 24 | the discharge of a firearm, he or she is or the person battered | ||||||
| 25 | is on or about a public way, public property, a public place of | ||||||
| 26 | accommodation or amusement, a sports venue, or a domestic | ||||||
| |||||||
| |||||||
| 1 | violence shelter. | ||||||
| 2 | (d) Offense based on status of victim. A person commits | ||||||
| 3 | aggravated battery when, in committing a battery, other than by | ||||||
| 4 | discharge of a firearm, he or she knows the individual battered | ||||||
| 5 | to be any of the following: | ||||||
| 6 | (1) A person 60 years of age or older. | ||||||
| 7 | (2) A person who is pregnant or physically handicapped. | ||||||
| 8 | (3) A teacher or school employee upon school grounds or | ||||||
| 9 | grounds adjacent to a school or in any part of a building | ||||||
| 10 | used for school purposes. | ||||||
| 11 | (4) A peace officer, community policing volunteer, | ||||||
| 12 | fireman, private security officer, correctional | ||||||
| 13 | institution employee, or Department of Human Services | ||||||
| 14 | employee supervising or controlling sexually dangerous | ||||||
| 15 | persons or sexually violent persons: | ||||||
| 16 | (i) performing his or her official duties; | ||||||
| 17 | (ii) battered to prevent performance of his or her | ||||||
| 18 | official duties; or | ||||||
| 19 | (iii) battered in retaliation for performing his | ||||||
| 20 | or her official duties. | ||||||
| 21 | (5) A judge, emergency management worker, emergency | ||||||
| 22 | medical technician, or utility worker: | ||||||
| 23 | (i) performing his or her official duties; | ||||||
| 24 | (ii) battered to prevent performance of his or her | ||||||
| 25 | official duties; or | ||||||
| 26 | (iii) battered in retaliation for performing his | ||||||
| |||||||
| |||||||
| 1 | or her official duties. | ||||||
| 2 | (6) An officer or employee of the State of Illinois, a | ||||||
| 3 | unit of local government, or a school district, while | ||||||
| 4 | performing his or her official duties. | ||||||
| 5 | (7) A transit employee performing his or her official | ||||||
| 6 | duties, or a transit passenger. | ||||||
| 7 | (8) A taxi driver on duty. | ||||||
| 8 | (9) A merchant who detains the person for an alleged | ||||||
| 9 | commission of retail theft under Section 16-26 of this Code | ||||||
| 10 | and the person without legal justification by any means | ||||||
| 11 | causes bodily harm to the merchant. | ||||||
| 12 | (10) A person authorized to serve process under Section | ||||||
| 13 | 2-202 of the Code of Civil Procedure or a special process | ||||||
| 14 | server appointed by the circuit court while that individual | ||||||
| 15 | is in the performance of his or her duties as a process | ||||||
| 16 | server. | ||||||
| 17 | (11) A nurse while in the performance of his or her | ||||||
| 18 | duties as a nurse. | ||||||
| 19 | (e) Offense based on use of a firearm. A person commits | ||||||
| 20 | aggravated battery when, in committing a battery, he or she | ||||||
| 21 | knowingly does any of the following: | ||||||
| 22 | (1) Discharges a firearm, other than a machine gun or a | ||||||
| 23 | firearm equipped with a silencer, and causes any injury to | ||||||
| 24 | another person. | ||||||
| 25 | (2) Discharges a firearm, other than a machine gun or a | ||||||
| 26 | firearm equipped with a silencer, and causes any injury to | ||||||
| |||||||
| |||||||
| 1 | a person he or she knows to be a peace officer, community | ||||||
| 2 | policing volunteer, person summoned by a police officer, | ||||||
| 3 | fireman, private security officer, correctional | ||||||
| 4 | institution employee, or emergency management worker: | ||||||
| 5 | (i) performing his or her official duties; | ||||||
| 6 | (ii) battered to prevent performance of his or her | ||||||
| 7 | official duties; or | ||||||
| 8 | (iii) battered in retaliation for performing his | ||||||
| 9 | or her official duties. | ||||||
| 10 | (3) Discharges a firearm, other than a machine gun or a | ||||||
| 11 | firearm equipped with a silencer, and causes any injury to | ||||||
| 12 | a person he or she knows to be an emergency medical | ||||||
| 13 | technician employed by a municipality or other | ||||||
| 14 | governmental unit: | ||||||
| 15 | (i) performing his or her official duties; | ||||||
| 16 | (ii) battered to prevent performance of his or her | ||||||
| 17 | official duties; or | ||||||
| 18 | (iii) battered in retaliation for performing his | ||||||
| 19 | or her official duties. | ||||||
| 20 | (4) Discharges a firearm and causes any injury to a | ||||||
| 21 | person he or she knows to be a teacher, a student in a | ||||||
| 22 | school, or a school employee, and the teacher, student, or | ||||||
| 23 | employee is upon school grounds or grounds adjacent to a | ||||||
| 24 | school or in any part of a building used for school | ||||||
| 25 | purposes. | ||||||
| 26 | (5) Discharges a machine gun or a firearm equipped with | ||||||
| |||||||
| |||||||
| 1 | a silencer, and causes any injury to another person. | ||||||
| 2 | (6) Discharges a machine gun or a firearm equipped with | ||||||
| 3 | a silencer, and causes any injury to a person he or she | ||||||
| 4 | knows to be a peace officer, community policing volunteer, | ||||||
| 5 | person summoned by a police officer, fireman, private | ||||||
| 6 | security officer, correctional institution employee or | ||||||
| 7 | emergency management worker: | ||||||
| 8 | (i) performing his or her official duties; | ||||||
| 9 | (ii) battered to prevent performance of his or her | ||||||
| 10 | official duties; or | ||||||
| 11 | (iii) battered in retaliation for performing his | ||||||
| 12 | or her official duties. | ||||||
| 13 | (7) Discharges a machine gun or a firearm equipped with | ||||||
| 14 | a silencer, and causes any injury to a person he or she | ||||||
| 15 | knows to be an emergency medical technician employed by a | ||||||
| 16 | municipality or other governmental unit: | ||||||
| 17 | (i) performing his or her official duties; | ||||||
| 18 | (ii) battered to prevent performance of his or her | ||||||
| 19 | official duties; or | ||||||
| 20 | (iii) battered in retaliation for performing his | ||||||
| 21 | or her official duties. | ||||||
| 22 | (8) Discharges a machine gun or a firearm equipped with | ||||||
| 23 | a silencer, and causes any injury to a person he or she | ||||||
| 24 | knows to be a teacher, or a student in a school, or a | ||||||
| 25 | school employee, and the teacher, student, or employee is | ||||||
| 26 | upon school grounds or grounds adjacent to a school or in | ||||||
| |||||||
| |||||||
| 1 | any part of a building used for school purposes. | ||||||
| 2 | (f) Offense based on use of a weapon or device. A person | ||||||
| 3 | commits aggravated battery when, in committing a battery, he or | ||||||
| 4 | she does any of the following: | ||||||
| 5 | (1) Uses a deadly weapon other than by discharge of a | ||||||
| 6 | firearm, or uses an air rifle as defined in Section | ||||||
| 7 | 24.8-0.1 of this Code the Air Rifle
Act. | ||||||
| 8 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
| 9 | identity. | ||||||
| 10 | (3) Knowingly and without lawful justification shines | ||||||
| 11 | or flashes a laser gunsight or other laser device attached | ||||||
| 12 | to a firearm, or used in concert with a firearm, so that | ||||||
| 13 | the laser beam strikes upon or against the person of | ||||||
| 14 | another. | ||||||
| 15 | (4) Knowingly video or audio records the offense with | ||||||
| 16 | the intent to disseminate the recording. | ||||||
| 17 | (g) Offense based on certain conduct. A person commits | ||||||
| 18 | aggravated battery when, other than by discharge of a firearm, | ||||||
| 19 | he or she does any of the following: | ||||||
| 20 | (1) Violates Section 401 of the Illinois Controlled | ||||||
| 21 | Substances Act by unlawfully delivering a controlled | ||||||
| 22 | substance to another and any user experiences great bodily | ||||||
| 23 | harm or permanent disability as a result of the injection, | ||||||
| 24 | inhalation, or ingestion of any amount of the controlled | ||||||
| 25 | substance. | ||||||
| 26 | (2) Knowingly administers to an individual or causes | ||||||
| |||||||
| |||||||
| 1 | him or her to take, without his or her consent or by threat | ||||||
| 2 | or deception, and for other than medical purposes, any | ||||||
| 3 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
| 4 | or controlled substance, or gives to another person any | ||||||
| 5 | food containing any substance or object intended to cause | ||||||
| 6 | physical injury if eaten. | ||||||
| 7 | (3) Knowingly causes or attempts to cause a | ||||||
| 8 | correctional institution employee or Department of Human | ||||||
| 9 | Services employee to come into contact with blood, seminal | ||||||
| 10 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
| 11 | the fluid or material, and the person is an inmate of a | ||||||
| 12 | penal institution or is a sexually dangerous person or | ||||||
| 13 | sexually violent person in the custody of the Department of | ||||||
| 14 | Human Services. | ||||||
| 15 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
| 16 | battery is a Class 3 felony. | ||||||
| 17 | Aggravated battery as defined in subdivision (a)(4), | ||||||
| 18 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
| 19 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
| 20 | (g)(1) is a Class 1 felony. | ||||||
| 21 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
| 22 | Class 1 felony when the aggravated battery was intentional and | ||||||
| 23 | involved the infliction of torture, as defined in paragraph | ||||||
| 24 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
| 25 | infliction of or subjection to extreme physical pain, motivated | ||||||
| 26 | by an intent to increase or prolong the pain, suffering, or | ||||||
| |||||||
| |||||||
| 1 | agony of the victim. | ||||||
| 2 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
| 3 | felony if: | ||||||
| 4 | (A) the person used or attempted to use a dangerous
| ||||||
| 5 | instrument while committing the offense; or | ||||||
| 6 | (B) the person caused great bodily harm or
permanent | ||||||
| 7 | disability or disfigurement to the other
person while | ||||||
| 8 | committing the offense; or | ||||||
| 9 | (C) the person has been previously convicted of a
| ||||||
| 10 | violation of subdivision (a)(5) under the laws of this
| ||||||
| 11 | State or laws similar to subdivision (a)(5) of any other
| ||||||
| 12 | state. | ||||||
| 13 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
| 14 | Class X felony. | ||||||
| 15 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
| 16 | Class X felony for which a person shall be sentenced to a term | ||||||
| 17 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
| 18 | years. | ||||||
| 19 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
| 20 | Class X felony for which a person shall be sentenced to a term | ||||||
| 21 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
| 22 | years. | ||||||
| 23 | Aggravated battery as defined in subdivision (e)(2), | ||||||
| 24 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
| 25 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
| 26 | and a maximum of 60 years. | ||||||
| |||||||
| |||||||
| 1 | Aggravated battery as defined in subdivision (e)(6), | ||||||
| 2 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
| 3 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
| 4 | and a maximum of 60 years. | ||||||
| 5 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
| 6 | Class X felony, except that: | ||||||
| 7 | (1) if the person committed the offense while armed | ||||||
| 8 | with a firearm, 15 years shall be added to the term of | ||||||
| 9 | imprisonment imposed by the court; | ||||||
| 10 | (2) if, during the commission of the offense, the | ||||||
| 11 | person personally discharged a firearm, 20 years shall be | ||||||
| 12 | added to the term of imprisonment imposed by the court; | ||||||
| 13 | (3) if, during the commission of the offense, the | ||||||
| 14 | person personally discharged a firearm that proximately | ||||||
| 15 | caused great bodily harm, permanent disability, permanent | ||||||
| 16 | disfigurement, or death to another person, 25 years or up | ||||||
| 17 | to a term of natural life shall be added to the term of | ||||||
| 18 | imprisonment imposed by the court. | ||||||
| 19 | (i) Definitions. For the purposes of this Section: | ||||||
| 20 | "Building or other structure used to provide shelter" has | ||||||
| 21 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
| 22 | Violence Shelters Act. | ||||||
| 23 | "Domestic violence" has the meaning ascribed to it in | ||||||
| 24 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
| 25 | "Domestic violence shelter" means any building or other | ||||||
| 26 | structure used to provide shelter or other services to victims | ||||||
| |||||||
| |||||||
| 1 | or to the dependent children of victims of domestic violence | ||||||
| 2 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
| 3 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
| 4 | such a building or other structure in the case of a person who | ||||||
| 5 | is going to or from such a building or other structure. | ||||||
| 6 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
| 7 | Firearm Owners Identification Card Act, and does
not include an | ||||||
| 8 | air rifle as defined by Section 24.8-0.1 of this Code. | ||||||
| 9 | "Machine gun" has the meaning ascribed to it in Section | ||||||
| 10 | 24-1 of this Code. | ||||||
| 11 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
| 12 | of this Code. | ||||||
| 13 | "Strangle" means
intentionally impeding the normal | ||||||
| 14 | breathing or circulation of the blood of an individual by | ||||||
| 15 | applying pressure on the throat
or neck of that individual or | ||||||
| 16 | by blocking the nose or mouth of
that individual.
| ||||||
| 17 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff. | ||||||
| 18 | 1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109, | ||||||
| 19 | eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; revised | ||||||
| 20 | 9-24-13.)
| ||||||
| 21 | (720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
| ||||||
| 22 | Sec. 12C-10. Child abandonment.
| ||||||
| 23 | (a) A person commits child abandonment when he or
she, as a | ||||||
| 24 | parent, guardian, or other person having physical custody or | ||||||
| 25 | control
of a child, without regard for the mental or physical | ||||||
| |||||||
| |||||||
| 1 | health, safety, or
welfare of that child, knowingly leaves that | ||||||
| 2 | child who is under the age of 13
without supervision by a | ||||||
| 3 | responsible person over the age of 14 for a period of
24 hours | ||||||
| 4 | or more. It is not a violation of this Section for a person to | ||||||
| 5 | relinquish a child in accordance with the
Abandoned Newborn | ||||||
| 6 | Infant Protection Act.
| ||||||
| 7 | (b) For the purposes of determining whether the child was | ||||||
| 8 | left without
regard for the mental or physical health, safety, | ||||||
| 9 | or welfare of that child, the
trier of fact shall consider the | ||||||
| 10 | following factors:
| ||||||
| 11 | (1) the age of the child;
| ||||||
| 12 | (2) the number of children left at the location;
| ||||||
| 13 | (3) special needs of the child, including whether the | ||||||
| 14 | child is physically
or mentally handicapped, or otherwise | ||||||
| 15 | in need of ongoing prescribed medical
treatment such as | ||||||
| 16 | periodic doses of insulin or other medications;
| ||||||
| 17 | (4) the duration of time in which the child was left | ||||||
| 18 | without supervision;
| ||||||
| 19 | (5) the condition and location of the place where the | ||||||
| 20 | child was left
without supervision;
| ||||||
| 21 | (6) the time of day or night when the child was left | ||||||
| 22 | without supervision;
| ||||||
| 23 | (7) the weather conditions, including whether the | ||||||
| 24 | child was left in a
location with adequate protection from | ||||||
| 25 | the natural elements such as adequate
heat or light;
| ||||||
| 26 | (8) the location of the parent, guardian, or other | ||||||
| |||||||
| |||||||
| 1 | person having physical
custody or control of the child at | ||||||
| 2 | the time the child was left without
supervision, the | ||||||
| 3 | physical distance the child was from the parent, guardian, | ||||||
| 4 | or
other person having physical custody or control of the | ||||||
| 5 | child at the time the
child was without supervision;
| ||||||
| 6 | (9) whether the child's movement was restricted, or the | ||||||
| 7 | child was
otherwise locked within a room or other | ||||||
| 8 | structure;
| ||||||
| 9 | (10) whether the child was given a phone number of a | ||||||
| 10 | person
or location to call in the event of an emergency and | ||||||
| 11 | whether the child was
capable of making an emergency call;
| ||||||
| 12 | (11) whether there was food and other provision left | ||||||
| 13 | for the child;
| ||||||
| 14 | (12) whether any of the conduct is attributable to | ||||||
| 15 | economic hardship or
illness and the parent, guardian or | ||||||
| 16 | other person having physical custody or
control of the | ||||||
| 17 | child made a good faith effort to provide for the health | ||||||
| 18 | and
safety of the child;
| ||||||
| 19 | (13) the age and physical and mental capabilities of | ||||||
| 20 | the person or persons
who provided supervision for the | ||||||
| 21 | child;
| ||||||
| 22 | (14) any other factor that would endanger the health or | ||||||
| 23 | safety of that
particular child;
| ||||||
| 24 | (15) whether the child was left under the supervision | ||||||
| 25 | of another person.
| ||||||
| 26 | (c) (d) Child abandonment is a Class 4 felony. A second or | ||||||
| |||||||
| |||||||
| 1 | subsequent offense
after a prior conviction is a Class 3 | ||||||
| 2 | felony. A parent, who is found to be in violation of this | ||||||
| 3 | Section with respect to his or her child, may be sentenced to | ||||||
| 4 | probation for this offense pursuant to Section 12C-15.
| ||||||
| 5 | (Source: P.A. 97-1109, eff. 1-1-13; revised 11-12-13.)
| ||||||
| 6 | (720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
| ||||||
| 7 | Sec. 19-4. Criminal trespass to a residence.
| ||||||
| 8 | (a) (1) A person commits criminal trespass to a residence | ||||||
| 9 | when, without authority, he
or she knowingly enters or remains | ||||||
| 10 | within any residence, including a house trailer that is the | ||||||
| 11 | dwelling place of another.
| ||||||
| 12 | (2) A person commits criminal trespass to a residence when,
| ||||||
| 13 | without authority, he or she knowingly enters the residence of | ||||||
| 14 | another and
knows or has
reason to know that one or more | ||||||
| 15 | persons is present or he or she knowingly
enters the
residence | ||||||
| 16 | of another and remains in the residence after he or she knows | ||||||
| 17 | or has
reason to
know that one or more persons is present.
| ||||||
| 18 | (a-5) (3) For purposes of this Section, in the case of a | ||||||
| 19 | multi-unit
residential building
or complex, "residence" shall | ||||||
| 20 | only include the portion of the building or
complex which is | ||||||
| 21 | the actual dwelling place of any person and shall not include
| ||||||
| 22 | such places as common recreational areas or lobbies.
| ||||||
| 23 | (b) Sentence.
| ||||||
| 24 | (1) Criminal trespass to a residence under paragraph | ||||||
| 25 | (1) of
subsection (a) is a Class A misdemeanor.
| ||||||
| |||||||
| |||||||
| 1 | (2) Criminal trespass to a residence under paragraph | ||||||
| 2 | (2) of subsection
(a) is a Class 4 felony.
| ||||||
| 3 | (Source: P.A. 97-1108, eff. 1-1-13; revised 11-12-13.)
| ||||||
| 4 | (720 ILCS 5/21-1.3)
| ||||||
| 5 | Sec. 21-1.3. Criminal defacement of property.
| ||||||
| 6 | (a) A person commits criminal defacement of property when | ||||||
| 7 | the person
knowingly damages the property of another by
| ||||||
| 8 | defacing, deforming, or otherwise damaging the property by the | ||||||
| 9 | use of paint or
any other similar substance, or by the use of a | ||||||
| 10 | writing instrument, etching
tool, or any other similar device. | ||||||
| 11 | It is an affirmative defense to a violation of this Section | ||||||
| 12 | that the owner of the property damaged consented to such | ||||||
| 13 | damage.
| ||||||
| 14 | (b) Sentence. | ||||||
| 15 | (1) Criminal defacement of property is a Class A | ||||||
| 16 | misdemeanor for a
first offense when the aggregate value of the | ||||||
| 17 | damage to the property does not exceed $300. Criminal
| ||||||
| 18 | defacement of property is a Class 4 felony when the aggregate | ||||||
| 19 | value of the damage to property does not
exceed $300 and the | ||||||
| 20 | property damaged is a school building or place of
worship or | ||||||
| 21 | property which memorializes or honors an individual or group of | ||||||
| 22 | police officers, fire fighters, members of the United States | ||||||
| 23 | Armed Forces or , National Guard, or veterans. Criminal
| ||||||
| 24 | defacement of property is a Class 4 felony for a second or | ||||||
| 25 | subsequent
conviction or when the aggregate value of the damage | ||||||
| |||||||
| |||||||
| 1 | to the property exceeds $300.
Criminal defacement of property | ||||||
| 2 | is a Class 3 felony when the aggregate value of the damage to | ||||||
| 3 | property
exceeds $300 and the property damaged is a school | ||||||
| 4 | building or place of
worship or property which memorializes or | ||||||
| 5 | honors an individual or group of police officers, fire | ||||||
| 6 | fighters, members of the United States Armed Forces or , | ||||||
| 7 | National Guard, or veterans.
| ||||||
| 8 | (2) In addition to any other sentence that may be imposed
| ||||||
| 9 | for a violation of this Section,
a person convicted of
criminal | ||||||
| 10 | defacement of
property shall: | ||||||
| 11 | (A) pay the
actual costs incurred
by the property owner | ||||||
| 12 | or the unit of government to abate, remediate,
repair, or | ||||||
| 13 | remove the effect of the damage to the property. To the | ||||||
| 14 | extent
permitted by law, reimbursement for the costs of | ||||||
| 15 | abatement, remediation,
repair, or removal shall be | ||||||
| 16 | payable to the person who incurred the costs; and | ||||||
| 17 | (B) if convicted of criminal defacement of property | ||||||
| 18 | that is chargeable as a Class 3 or Class 4 felony, pay a | ||||||
| 19 | mandatory minimum fine of $500.
| ||||||
| 20 | (3) In addition to any
other sentence that may be imposed, | ||||||
| 21 | a court shall order any person convicted of
criminal defacement | ||||||
| 22 | of property to perform community service for not less than
30 | ||||||
| 23 | and not more than 120 hours, if community service is available | ||||||
| 24 | in the
jurisdiction. The community service shall include, but | ||||||
| 25 | need
not be limited to, the cleanup and repair of the damage to | ||||||
| 26 | property that was
caused by the offense, or similar damage to | ||||||
| |||||||
| |||||||
| 1 | property located in the
municipality or county in which the | ||||||
| 2 | offense occurred.
When the property damaged is a school | ||||||
| 3 | building, the community service may
include cleanup, removal, | ||||||
| 4 | or painting over the defacement.
In addition, whenever any
| ||||||
| 5 | person is placed on supervision for an alleged offense under | ||||||
| 6 | this Section, the
supervision shall be conditioned
upon the | ||||||
| 7 | performance of the community service. | ||||||
| 8 | (4) For the purposes of this subsection (b), aggregate | ||||||
| 9 | value shall be determined by adding the value of the damage to | ||||||
| 10 | one or more properties if the offenses were committed as part | ||||||
| 11 | of a single course of conduct.
| ||||||
| 12 | (Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14; | ||||||
| 13 | 98-466, eff. 8-16-13; revised 9-24-13.)
| ||||||
| 14 | (720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1) | ||||||
| 15 | Sec. 31A-1.1. Bringing Contraband into a Penal | ||||||
| 16 | Institution;
Possessing Contraband in a Penal Institution. | ||||||
| 17 | (a) A person commits bringing contraband into a penal
| ||||||
| 18 | institution when he or she knowingly and without authority of | ||||||
| 19 | any person designated
or authorized to grant this authority (1) | ||||||
| 20 | brings an item of contraband into
a penal institution or (2) | ||||||
| 21 | causes another to bring an item of
contraband into a penal | ||||||
| 22 | institution or (3) places an item of
contraband in such | ||||||
| 23 | proximity to a penal institution as to give an
inmate access to | ||||||
| 24 | the contraband. | ||||||
| 25 | (b) A person commits possessing contraband in a
penal | ||||||
| |||||||
| |||||||
| 1 | institution when he or she knowingly possesses contraband in a | ||||||
| 2 | penal institution,
regardless of the intent with which he or | ||||||
| 3 | she possesses it. | ||||||
| 4 | (c) (Blank). | ||||||
| 5 | (d) Sentence. | ||||||
| 6 | (1) Bringing into or possessing alcoholic liquor in a | ||||||
| 7 | penal institution is a Class 4
felony. | ||||||
| 8 | (2) Bringing into or possessing cannabis in a penal | ||||||
| 9 | institution is a Class 3 felony.
| ||||||
| 10 | (3) Bringing into or possessing any amount of a | ||||||
| 11 | controlled substance classified in
Schedules III, IV or V | ||||||
| 12 | of Article II of the Illinois Controlled Substances | ||||||
| 13 | Substance Act in a
penal institution is a Class 2 felony. | ||||||
| 14 | (4) Bringing into or possessing any amount of a | ||||||
| 15 | controlled substance classified in
Schedules I or II of | ||||||
| 16 | Article II of the Illinois Controlled Substances Substance | ||||||
| 17 | Act in a
penal institution is a Class 1 felony. | ||||||
| 18 | (5) Bringing into or possessing a hypodermic syringe in | ||||||
| 19 | a penal institution is a Class 1 felony. | ||||||
| 20 | (6) Bringing into or possessing a weapon, tool to | ||||||
| 21 | defeat security mechanisms, cutting tool, or electronic | ||||||
| 22 | contraband in a penal institution is a Class 1 felony. | ||||||
| 23 | (7) Bringing into or possessing a firearm, firearm | ||||||
| 24 | ammunition, or explosive in a penal institution is a Class | ||||||
| 25 | X felony.
| ||||||
| 26 | (e) It shall be an affirmative defense to subsection
(b), | ||||||
| |||||||
| |||||||
| 1 | that
the possession was specifically authorized by rule, | ||||||
| 2 | regulation, or
directive of the governing authority of the | ||||||
| 3 | penal institution or order
issued under it. | ||||||
| 4 | (f) It shall be an affirmative defense to subsection (a)(1) | ||||||
| 5 | and
subsection (b) that the person bringing into or possessing
| ||||||
| 6 | contraband in a penal institution had been arrested, and that | ||||||
| 7 | person
possessed the contraband at the time of his
or her | ||||||
| 8 | arrest, and that the contraband was brought into or possessed | ||||||
| 9 | in the penal
institution by that person as a direct and | ||||||
| 10 | immediate result of his or her arrest. | ||||||
| 11 | (g) Items confiscated may be retained for use by the | ||||||
| 12 | Department of
Corrections or disposed of as deemed appropriate | ||||||
| 13 | by the Chief Administrative
Officer in accordance with | ||||||
| 14 | Department rules or disposed of as required by
law. | ||||||
| 15 | (Source: P.A. 96-1112, eff. 1-1-11; 97-1108, eff. 1-1-13; | ||||||
| 16 | revised 11-12-13.)
| ||||||
| 17 | (720 ILCS 5/33-1) (from Ch. 38, par. 33-1)
| ||||||
| 18 | Sec. 33-1. Bribery. A person commits bribery when:
| ||||||
| 19 | (a) With intent to influence the performance of any act | ||||||
| 20 | related
to the employment or function of any public | ||||||
| 21 | officer, public
employee, juror or witness, he or she | ||||||
| 22 | promises or tenders to that person
any property or personal | ||||||
| 23 | advantage which he or she is not authorized by
law to | ||||||
| 24 | accept; or
| ||||||
| 25 | (b) With intent to influence the performance of any act | ||||||
| |||||||
| |||||||
| 1 | related
to the employment or function of any public | ||||||
| 2 | officer, public
employee, juror or witness, he or she | ||||||
| 3 | promises or tenders to one whom he
or she believes to be a | ||||||
| 4 | public officer, public employee, juror or witness,
any | ||||||
| 5 | property or personal advantage which a public officer, | ||||||
| 6 | public
employee, juror or witness would not be authorized | ||||||
| 7 | by law to accept; or
| ||||||
| 8 | (c) With intent to cause any person to influence the | ||||||
| 9 | performance
of any act related to the employment or | ||||||
| 10 | function of any public
officer, public employee, juror or | ||||||
| 11 | witness, he or she promises or tenders
to that person any | ||||||
| 12 | property or personal advantage which he or she is not
| ||||||
| 13 | authorized by law to accept; or
| ||||||
| 14 | (d) He or she receives, retains or agrees to accept any | ||||||
| 15 | property or
personal advantage which he or she is not | ||||||
| 16 | authorized by law to accept
knowing that the property or | ||||||
| 17 | personal advantage was promised
or tendered with intent to | ||||||
| 18 | cause him or her to influence the performance
of any act | ||||||
| 19 | related to the employment or function of any public
| ||||||
| 20 | officer, public employee, juror or witness; or
| ||||||
| 21 | (e) He or she solicits, receives, retains, or agrees to | ||||||
| 22 | accept any property
or personal advantage pursuant to an | ||||||
| 23 | understanding that he or she shall improperly
influence or | ||||||
| 24 | attempt to influence the performance of any act related to | ||||||
| 25 | the
employment or function of any public officer, public | ||||||
| 26 | employee, juror or witness.
| ||||||
| |||||||
| |||||||
| 1 | (f) As used in this Section, "tenders" means any delivery | ||||||
| 2 | or proffer made with the requisite intent. | ||||||
| 3 | (g) Sentence. Bribery is a Class 2 felony.
| ||||||
| 4 | (Source: P.A. 97-1108, eff. 1-1-13; revised 11-12-13.)
| ||||||
| 5 | (720 ILCS 5/33E-18)
| ||||||
| 6 | Sec. 33E-18. Unlawful stringing of bids.
| ||||||
| 7 | (a) A person commits unlawful stringing of bids when he or | ||||||
| 8 | she, with the intent to evade the bidding requirements of any
| ||||||
| 9 | unit of local government or school district, knowingly strings | ||||||
| 10 | or assists in
stringing, or attempts to string any contract or | ||||||
| 11 | job order with the unit of
local government
or school district.
| ||||||
| 12 | (b) Sentence. Unlawful stringing of bids is a Class 4
| ||||||
| 13 | felony.
| ||||||
| 14 | (Source: P.A. 97-1108, eff. 1-1-13; revised 11-12-13.)
| ||||||
| 15 | Section 700. The Cannabis Control Act is amended by | ||||||
| 16 | changing Section 15.1 as follows:
| ||||||
| 17 | (720 ILCS 550/15.1) (from Ch. 56 1/2, par. 715.1)
| ||||||
| 18 | Sec. 15.1.
(a) If any cannabis derivative is designated or | ||||||
| 19 | rescheduled
as a controlled substance under federal law and | ||||||
| 20 | notice thereof is given to
the Department, the Department shall | ||||||
| 21 | similarly control the substance under
the Illinois Controlled | ||||||
| 22 | Substances Act after the expiration of 30 days from
publication | ||||||
| 23 | in the Federal Register of a final order designating a
| ||||||
| |||||||
| |||||||
| 1 | substance as a controlled substance or rescheduling a substance | ||||||
| 2 | unless
within that 30 day period the Department objects, or a | ||||||
| 3 | party adversely
affected files with the Department substantial | ||||||
| 4 | written objections
to inclusion or rescheduling. In that case, | ||||||
| 5 | the Department shall publish
the reasons for objection or the | ||||||
| 6 | substantial written objections and afford
all interested | ||||||
| 7 | parties an opportunity to be heard. At the conclusion of the
| ||||||
| 8 | hearing, the Department shall publish its decision, by means of | ||||||
| 9 | a rule,
which shall be final unless altered by statute. Upon | ||||||
| 10 | publication of
objections by the Department, similar control | ||||||
| 11 | under the Illinois Controlled
Substances Act whether by | ||||||
| 12 | inclusion or rescheduling is suspended until the
Department | ||||||
| 13 | publishes its ruling.
| ||||||
| 14 | (b) If any cannabis derivative is deleted as a controlled | ||||||
| 15 | substance under
Federal law and notice thereof is given to the | ||||||
| 16 | Department, the Department
shall similarly control the | ||||||
| 17 | substance under this Act after
the expiration of 30 days from | ||||||
| 18 | publication in the Federal Register of a
final order deleting a | ||||||
| 19 | substance as a controlled substance or rescheduling a
substance | ||||||
| 20 | unless within that 30 day period the Department objects, or a
| ||||||
| 21 | party adversely affected files with the Department substantial | ||||||
| 22 | written
objections to inclusion or rescheduling. In that case, | ||||||
| 23 | the
Department shall publish the reasons for objection or the | ||||||
| 24 | substantial
written objections and afford all interested | ||||||
| 25 | parties an opportunity to be
heard. At the conclusion of the | ||||||
| 26 | hearing, the Department shall publish its
decision, by means of | ||||||
| |||||||
| |||||||
| 1 | a rule, which shall be final unless altered by
statute. Upon | ||||||
| 2 | publication of objections by the Department, similar control
| ||||||
| 3 | under this Act whether by inclusion or rescheduling is
| ||||||
| 4 | suspended until the Department publishes its ruling.
| ||||||
| 5 | (c) Cannabis derivatives are deemed to be regulated under | ||||||
| 6 | this Act until
such time as those derivatives are scheduled as | ||||||
| 7 | provided for under the
Illinois Controlled Substances Act. | ||||||
| 8 | Following such scheduling, those
derivatives shall be excepted | ||||||
| 9 | from this Act and shall be regulated pursuant
to the Illinois | ||||||
| 10 | Controlled Substances Act. At such time that any derivative
is | ||||||
| 11 | deleted from schedules provided for under the Illinois | ||||||
| 12 | Controlled Substances
Substance Act, that derivative shall be
| ||||||
| 13 | regulated pursuant to this Act.
| ||||||
| 14 | (Source: P.A. 84-1313; 84-1362; revised 11-12-13.)
| ||||||
| 15 | Section 705. The Illinois Controlled Substances Act is | ||||||
| 16 | amended by changing Sections 102 and 201 as follows:
| ||||||
| 17 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
| 18 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
| 19 | context
otherwise requires:
| ||||||
| 20 | (a) "Addict" means any person who habitually uses any drug, | ||||||
| 21 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
| 22 | to endanger the public
morals, health, safety or welfare or who | ||||||
| 23 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
| 24 | substance other than alcohol as to have lost
the power of self | ||||||
| |||||||
| |||||||
| 1 | control with reference to his or her addiction.
| ||||||
| 2 | (b) "Administer" means the direct application of a | ||||||
| 3 | controlled
substance, whether by injection, inhalation, | ||||||
| 4 | ingestion, or any other
means, to the body of a patient, | ||||||
| 5 | research subject, or animal (as
defined by the Humane | ||||||
| 6 | Euthanasia in Animal Shelters Act) by:
| ||||||
| 7 | (1) a practitioner (or, in his or her presence, by his | ||||||
| 8 | or her authorized agent),
| ||||||
| 9 | (2) the patient or research subject pursuant to an | ||||||
| 10 | order, or
| ||||||
| 11 | (3) a euthanasia technician as defined by the Humane | ||||||
| 12 | Euthanasia in
Animal Shelters Act.
| ||||||
| 13 | (c) "Agent" means an authorized person who acts on behalf | ||||||
| 14 | of or at
the direction of a manufacturer, distributor, | ||||||
| 15 | dispenser, prescriber, or practitioner. It does not
include a | ||||||
| 16 | common or contract carrier, public warehouseman or employee of
| ||||||
| 17 | the carrier or warehouseman.
| ||||||
| 18 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
| 19 | substance,
chemically and pharmacologically related to | ||||||
| 20 | testosterone (other than
estrogens, progestins, | ||||||
| 21 | corticosteroids, and dehydroepiandrosterone),
and includes:
| ||||||
| 22 | (i) 3[beta],17-dihydroxy-5a-androstane, | ||||||
| 23 | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, | ||||||
| 24 | (iii) 5[alpha]-androstan-3,17-dione, | ||||||
| 25 | (iv) 1-androstenediol (3[beta], | ||||||
| 26 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
| |||||||
| |||||||
| 1 | (v) 1-androstenediol (3[alpha], | ||||||
| 2 | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), | ||||||
| 3 | (vi) 4-androstenediol | ||||||
| 4 | (3[beta],17[beta]-dihydroxy-androst-4-ene), | ||||||
| 5 | (vii) 5-androstenediol | ||||||
| 6 | (3[beta],17[beta]-dihydroxy-androst-5-ene), | ||||||
| 7 | (viii) 1-androstenedione | ||||||
| 8 | ([5alpha]-androst-1-en-3,17-dione), | ||||||
| 9 | (ix) 4-androstenedione | ||||||
| 10 | (androst-4-en-3,17-dione), | ||||||
| 11 | (x) 5-androstenedione | ||||||
| 12 | (androst-5-en-3,17-dione), | ||||||
| 13 | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- | ||||||
| 14 | hydroxyandrost-4-en-3-one), | ||||||
| 15 | (xii) boldenone (17[beta]-hydroxyandrost- | ||||||
| 16 | 1,4,-diene-3-one), | ||||||
| 17 | (xiii) boldione (androsta-1,4- | ||||||
| 18 | diene-3,17-dione), | ||||||
| 19 | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 | ||||||
| 20 | [beta]-hydroxyandrost-4-en-3-one), | ||||||
| 21 | (xv) clostebol (4-chloro-17[beta]- | ||||||
| 22 | hydroxyandrost-4-en-3-one), | ||||||
| 23 | (xvi) dehydrochloromethyltestosterone (4-chloro- | ||||||
| 24 | 17[beta]-hydroxy-17[alpha]-methyl- | ||||||
| 25 | androst-1,4-dien-3-one), | ||||||
| 26 | (xvii) desoxymethyltestosterone | ||||||
| |||||||
| |||||||
| 1 | (17[alpha]-methyl-5[alpha] | ||||||
| 2 | -androst-2-en-17[beta]-ol)(a.k.a., madol), | ||||||
| 3 | (xviii) [delta]1-dihydrotestosterone (a.k.a. | ||||||
| 4 | '1-testosterone') (17[beta]-hydroxy- | ||||||
| 5 | 5[alpha]-androst-1-en-3-one), | ||||||
| 6 | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- | ||||||
| 7 | androstan-3-one), | ||||||
| 8 | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- | ||||||
| 9 | 5[alpha]-androstan-3-one), | ||||||
| 10 | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- | ||||||
| 11 | hydroxyestr-4-ene), | ||||||
| 12 | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- | ||||||
| 13 | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), | ||||||
| 14 | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], | ||||||
| 15 | 17[beta]-dihydroxyandrost-1,4-dien-3-one), | ||||||
| 16 | (xxiv) furazabol (17[alpha]-methyl-17[beta]- | ||||||
| 17 | hydroxyandrostano[2,3-c]-furazan), | ||||||
| 18 | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one) | ||||||
| 19 | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- | ||||||
| 20 | androst-4-en-3-one), | ||||||
| 21 | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- | ||||||
| 22 | dihydroxy-estr-4-en-3-one), | ||||||
| 23 | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- | ||||||
| 24 | hydroxy-5-androstan-3-one), | ||||||
| 25 | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- | ||||||
| 26 | [5a]-androstan-3-one), | ||||||
| |||||||
| |||||||
| 1 | (xxx) methandienone (17[alpha]-methyl-17[beta]- | ||||||
| 2 | hydroxyandrost-1,4-dien-3-one), | ||||||
| 3 | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- | ||||||
| 4 | dihydroxyandrost-5-ene), | ||||||
| 5 | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- | ||||||
| 6 | 5[alpha]-androst-1-en-3-one), | ||||||
| 7 | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- | ||||||
| 8 | dihydroxy-5a-androstane), | ||||||
| 9 | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy | ||||||
| 10 | -5a-androstane), | ||||||
| 11 | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- | ||||||
| 12 | dihydroxyandrost-4-ene), | ||||||
| 13 | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- | ||||||
| 14 | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), | ||||||
| 15 | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- | ||||||
| 16 | hydroxyestra-4,9(10)-dien-3-one), | ||||||
| 17 | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- | ||||||
| 18 | hydroxyestra-4,9-11-trien-3-one), | ||||||
| 19 | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- | ||||||
| 20 | hydroxyandrost-4-en-3-one), | ||||||
| 21 | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- | ||||||
| 22 | hydroxyestr-4-en-3-one), | ||||||
| 23 | (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone | ||||||
| 24 | (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- | ||||||
| 25 | androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- | ||||||
| 26 | 1-testosterone'), | ||||||
| |||||||
| |||||||
| 1 | (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), | ||||||
| 2 | (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- | ||||||
| 3 | dihydroxyestr-4-ene), | ||||||
| 4 | (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- | ||||||
| 5 | dihydroxyestr-4-ene), | ||||||
| 6 | (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- | ||||||
| 7 | dihydroxyestr-5-ene), | ||||||
| 8 | (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- | ||||||
| 9 | dihydroxyestr-5-ene), | ||||||
| 10 | (xlvii) 19-nor-4,9(10)-androstadienedione | ||||||
| 11 | (estra-4,9(10)-diene-3,17-dione), | ||||||
| 12 | (xlviii) 19-nor-4-androstenedione (estr-4- | ||||||
| 13 | en-3,17-dione), | ||||||
| 14 | (xlix) 19-nor-5-androstenedione (estr-5- | ||||||
| 15 | en-3,17-dione), | ||||||
| 16 | (l) norbolethone (13[beta], 17a-diethyl-17[beta]- | ||||||
| 17 | hydroxygon-4-en-3-one), | ||||||
| 18 | (li) norclostebol (4-chloro-17[beta]- | ||||||
| 19 | hydroxyestr-4-en-3-one), | ||||||
| 20 | (lii) norethandrolone (17[alpha]-ethyl-17[beta]- | ||||||
| 21 | hydroxyestr-4-en-3-one), | ||||||
| 22 | (liii) normethandrolone (17[alpha]-methyl-17[beta]- | ||||||
| 23 | hydroxyestr-4-en-3-one), | ||||||
| 24 | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
| 25 | 2-oxa-5[alpha]-androstan-3-one), | ||||||
| 26 | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- | ||||||
| |||||||
| |||||||
| 1 | dihydroxyandrost-4-en-3-one), | ||||||
| 2 | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- | ||||||
| 3 | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), | ||||||
| 4 | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- | ||||||
| 5 | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), | ||||||
| 6 | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- | ||||||
| 7 | (5[alpha]-androst-1-en-3-one), | ||||||
| 8 | (lix) testolactone (13-hydroxy-3-oxo-13,17- | ||||||
| 9 | secoandrosta-1,4-dien-17-oic | ||||||
| 10 | acid lactone), | ||||||
| 11 | (lx) testosterone (17[beta]-hydroxyandrost- | ||||||
| 12 | 4-en-3-one), | ||||||
| 13 | (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- | ||||||
| 14 | diethyl-17[beta]-hydroxygon- | ||||||
| 15 | 4,9,11-trien-3-one), | ||||||
| 16 | (lxii) trenbolone (17[beta]-hydroxyestr-4,9, | ||||||
| 17 | 11-trien-3-one).
| ||||||
| 18 | Any person who is otherwise lawfully in possession of an | ||||||
| 19 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
| 20 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
| 21 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
| 22 | expressly intended for and lawfully allowed to be
administered | ||||||
| 23 | through implants to livestock or other nonhuman species, and
| ||||||
| 24 | which is approved by the Secretary of Health and Human Services | ||||||
| 25 | for such
administration, and which the person intends to | ||||||
| 26 | administer or have
administered through such implants, shall | ||||||
| |||||||
| |||||||
| 1 | not be considered to be in
unauthorized possession or to | ||||||
| 2 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
| 3 | possess with intent to deliver such anabolic steroid for
| ||||||
| 4 | purposes of this Act.
| ||||||
| 5 | (d) "Administration" means the Drug Enforcement | ||||||
| 6 | Administration,
United States Department of Justice, or its | ||||||
| 7 | successor agency.
| ||||||
| 8 | (d-5) "Clinical Director, Prescription Monitoring Program" | ||||||
| 9 | means a Department of Human Services administrative employee | ||||||
| 10 | licensed to either prescribe or dispense controlled substances | ||||||
| 11 | who shall run the clinical aspects of the Department of Human | ||||||
| 12 | Services Prescription Monitoring Program and its Prescription | ||||||
| 13 | Information Library. | ||||||
| 14 | (d-10) "Compounding" means the preparation and mixing of | ||||||
| 15 | components, excluding flavorings, (1) as the result of a | ||||||
| 16 | prescriber's prescription drug order or initiative based on the | ||||||
| 17 | prescriber-patient-pharmacist relationship in the course of | ||||||
| 18 | professional practice or (2) for the purpose of, or incident | ||||||
| 19 | to, research, teaching, or chemical analysis and not for sale | ||||||
| 20 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
| 21 | or devices in anticipation of receiving prescription drug | ||||||
| 22 | orders based on routine, regularly observed dispensing | ||||||
| 23 | patterns. Commercially available products may be compounded | ||||||
| 24 | for dispensing to individual patients only if both of the | ||||||
| 25 | following conditions are met: (i) the commercial product is not | ||||||
| 26 | reasonably available from normal distribution channels in a | ||||||
| |||||||
| |||||||
| 1 | timely manner to meet the patient's needs and (ii) the | ||||||
| 2 | prescribing practitioner has requested that the drug be | ||||||
| 3 | compounded. | ||||||
| 4 | (e) "Control" means to add a drug or other substance, or | ||||||
| 5 | immediate
precursor, to a Schedule whether by
transfer from | ||||||
| 6 | another Schedule or otherwise.
| ||||||
| 7 | (f) "Controlled Substance" means (i) a drug, substance, or | ||||||
| 8 | immediate
precursor in the Schedules of Article II of this Act | ||||||
| 9 | or (ii) a drug or other substance, or immediate precursor, | ||||||
| 10 | designated as a controlled substance by the Department through | ||||||
| 11 | administrative rule. The term does not include distilled | ||||||
| 12 | spirits, wine, malt beverages, or tobacco, as those terms are
| ||||||
| 13 | defined or used in the Liquor Control Act of 1934 and the | ||||||
| 14 | Tobacco Products Tax
Act of 1995.
| ||||||
| 15 | (f-5) "Controlled substance analog" means a substance: | ||||||
| 16 | (1) the chemical structure of which is substantially | ||||||
| 17 | similar to the chemical structure of a controlled substance | ||||||
| 18 | in Schedule I or II; | ||||||
| 19 | (2) which has a stimulant, depressant, or | ||||||
| 20 | hallucinogenic effect on the central nervous system that is | ||||||
| 21 | substantially similar to or greater than the stimulant, | ||||||
| 22 | depressant, or hallucinogenic effect on the central | ||||||
| 23 | nervous system of a controlled substance in Schedule I or | ||||||
| 24 | II; or | ||||||
| 25 | (3) with respect to a particular person, which such | ||||||
| 26 | person represents or intends to have a stimulant, | ||||||
| |||||||
| |||||||
| 1 | depressant, or hallucinogenic effect on the central | ||||||
| 2 | nervous system that is substantially similar to or greater | ||||||
| 3 | than the stimulant, depressant, or hallucinogenic effect | ||||||
| 4 | on the central nervous system of a controlled substance in | ||||||
| 5 | Schedule I or II. | ||||||
| 6 | (g) "Counterfeit substance" means a controlled substance, | ||||||
| 7 | which, or
the container or labeling of which, without | ||||||
| 8 | authorization bears the
trademark, trade name, or other | ||||||
| 9 | identifying mark, imprint, number or
device, or any likeness | ||||||
| 10 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
| 11 | than the person who in fact manufactured, distributed,
or | ||||||
| 12 | dispensed the substance.
| ||||||
| 13 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
| 14 | or
attempted transfer of possession of a controlled substance, | ||||||
| 15 | with or
without consideration, whether or not there is an | ||||||
| 16 | agency relationship.
| ||||||
| 17 | (i) "Department" means the Illinois Department of Human | ||||||
| 18 | Services (as
successor to the Department of Alcoholism and | ||||||
| 19 | Substance Abuse) or its successor agency.
| ||||||
| 20 | (j) (Blank).
| ||||||
| 21 | (k) "Department of Corrections" means the Department of | ||||||
| 22 | Corrections
of the State of Illinois or its successor agency.
| ||||||
| 23 | (l) "Department of Financial and Professional Regulation" | ||||||
| 24 | means the Department
of Financial and Professional Regulation | ||||||
| 25 | of the State of Illinois or its successor agency.
| ||||||
| 26 | (m) "Depressant" means any drug that (i) causes an overall | ||||||
| |||||||
| |||||||
| 1 | depression of central nervous system functions, (ii) causes | ||||||
| 2 | impaired consciousness and awareness, and (iii) can be | ||||||
| 3 | habit-forming or lead to a substance abuse problem, including | ||||||
| 4 | but not limited to alcohol, cannabis and its active principles | ||||||
| 5 | and their analogs, benzodiazepines and their analogs, | ||||||
| 6 | barbiturates and their analogs, opioids (natural and | ||||||
| 7 | synthetic) and their analogs, and chloral hydrate and similar | ||||||
| 8 | sedative hypnotics.
| ||||||
| 9 | (n) (Blank).
| ||||||
| 10 | (o) "Director" means the Director of the Illinois State | ||||||
| 11 | Police or his or her designated agents.
| ||||||
| 12 | (p) "Dispense" means to deliver a controlled substance to | ||||||
| 13 | an
ultimate user or research subject by or pursuant to the | ||||||
| 14 | lawful order of
a prescriber, including the prescribing, | ||||||
| 15 | administering, packaging,
labeling, or compounding necessary | ||||||
| 16 | to prepare the substance for that
delivery.
| ||||||
| 17 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
| 18 | (r) "Distribute" means to deliver, other than by | ||||||
| 19 | administering or
dispensing, a controlled substance.
| ||||||
| 20 | (s) "Distributor" means a person who distributes.
| ||||||
| 21 | (t) "Drug" means (1) substances recognized as drugs in the | ||||||
| 22 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
| 23 | Pharmacopoeia of the
United States, or official National | ||||||
| 24 | Formulary, or any supplement to any
of them; (2) substances | ||||||
| 25 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
| 26 | prevention of disease in man or animals; (3) substances
(other | ||||||
| |||||||
| |||||||
| 1 | than food) intended to affect the structure of any function of
| ||||||
| 2 | the body of man or animals and (4) substances intended for use | ||||||
| 3 | as a
component of any article specified in clause (1), (2), or | ||||||
| 4 | (3) of this
subsection. It does not include devices or their | ||||||
| 5 | components, parts, or
accessories.
| ||||||
| 6 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
| 7 | Department of Financial and Professional Regulation for the
| ||||||
| 8 | purpose of animal euthanasia that holds an animal control | ||||||
| 9 | facility license or
animal
shelter license under the Animal | ||||||
| 10 | Welfare Act. A euthanasia agency is
authorized to purchase, | ||||||
| 11 | store, possess, and utilize Schedule II nonnarcotic and
| ||||||
| 12 | Schedule III nonnarcotic drugs for the sole purpose of animal | ||||||
| 13 | euthanasia.
| ||||||
| 14 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
| 15 | substances
(nonnarcotic controlled substances) that are used | ||||||
| 16 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
| 17 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
| 18 | controlled
substance by a practitioner in the regular course of | ||||||
| 19 | professional
treatment to or for any person who is under his or | ||||||
| 20 | her treatment for a
pathology or condition other than that | ||||||
| 21 | individual's physical or
psychological dependence upon or | ||||||
| 22 | addiction to a controlled substance,
except as provided herein: | ||||||
| 23 | and application of the term to a pharmacist
shall mean the | ||||||
| 24 | dispensing of a controlled substance pursuant to the
| ||||||
| 25 | prescriber's order which in the professional judgment of the | ||||||
| 26 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
| |||||||
| |||||||
| 1 | accepted professional
standards including, but not limited to | ||||||
| 2 | the following, in making the
judgment:
| ||||||
| 3 | (1) lack of consistency of prescriber-patient | ||||||
| 4 | relationship,
| ||||||
| 5 | (2) frequency of prescriptions for same drug by one | ||||||
| 6 | prescriber for
large numbers of patients,
| ||||||
| 7 | (3) quantities beyond those normally prescribed,
| ||||||
| 8 | (4) unusual dosages (recognizing that there may be | ||||||
| 9 | clinical circumstances where more or less than the usual | ||||||
| 10 | dose may be used legitimately),
| ||||||
| 11 | (5) unusual geographic distances between patient, | ||||||
| 12 | pharmacist and
prescriber,
| ||||||
| 13 | (6) consistent prescribing of habit-forming drugs.
| ||||||
| 14 | (u-0.5) "Hallucinogen" means a drug that causes markedly | ||||||
| 15 | altered sensory perception leading to hallucinations of any | ||||||
| 16 | type. | ||||||
| 17 | (u-1) "Home infusion services" means services provided by a | ||||||
| 18 | pharmacy in
compounding solutions for direct administration to | ||||||
| 19 | a patient in a private
residence, long-term care facility, or | ||||||
| 20 | hospice setting by means of parenteral,
intravenous, | ||||||
| 21 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
| 22 | (u-5) "Illinois State Police" means the State
Police of the | ||||||
| 23 | State of Illinois, or its successor agency. | ||||||
| 24 | (v) "Immediate precursor" means a substance:
| ||||||
| 25 | (1) which the Department has found to be and by rule | ||||||
| 26 | designated as
being a principal compound used, or produced | ||||||
| |||||||
| |||||||
| 1 | primarily for use, in the
manufacture of a controlled | ||||||
| 2 | substance;
| ||||||
| 3 | (2) which is an immediate chemical intermediary used or | ||||||
| 4 | likely to
be used in the manufacture of such controlled | ||||||
| 5 | substance; and
| ||||||
| 6 | (3) the control of which is necessary to prevent, | ||||||
| 7 | curtail or limit
the manufacture of such controlled | ||||||
| 8 | substance.
| ||||||
| 9 | (w) "Instructional activities" means the acts of teaching, | ||||||
| 10 | educating
or instructing by practitioners using controlled | ||||||
| 11 | substances within
educational facilities approved by the State | ||||||
| 12 | Board of Education or
its successor agency.
| ||||||
| 13 | (x) "Local authorities" means a duly organized State, | ||||||
| 14 | County or
Municipal peace unit or police force.
| ||||||
| 15 | (y) "Look-alike substance" means a substance, other than a | ||||||
| 16 | controlled
substance which (1) by overall dosage unit | ||||||
| 17 | appearance, including shape,
color, size, markings or lack | ||||||
| 18 | thereof, taste, consistency, or any other
identifying physical | ||||||
| 19 | characteristic of the substance, would lead a reasonable
person | ||||||
| 20 | to believe that the substance is a controlled substance, or (2) | ||||||
| 21 | is
expressly or impliedly represented to be a controlled | ||||||
| 22 | substance or is
distributed under circumstances which would | ||||||
| 23 | lead a reasonable person to
believe that the substance is a | ||||||
| 24 | controlled substance. For the purpose of
determining whether | ||||||
| 25 | the representations made or the circumstances of the
| ||||||
| 26 | distribution would lead a reasonable person to believe the | ||||||
| |||||||
| |||||||
| 1 | substance to be
a controlled substance under this clause (2) of | ||||||
| 2 | subsection (y), the court or
other authority may consider the | ||||||
| 3 | following factors in addition to any other
factor that may be | ||||||
| 4 | relevant:
| ||||||
| 5 | (a) statements made by the owner or person in control | ||||||
| 6 | of the substance
concerning its nature, use or effect;
| ||||||
| 7 | (b) statements made to the buyer or recipient that the | ||||||
| 8 | substance may
be resold for profit;
| ||||||
| 9 | (c) whether the substance is packaged in a manner | ||||||
| 10 | normally used for the
illegal distribution of controlled | ||||||
| 11 | substances;
| ||||||
| 12 | (d) whether the distribution or attempted distribution | ||||||
| 13 | included an
exchange of or demand for money or other | ||||||
| 14 | property as consideration, and
whether the amount of the | ||||||
| 15 | consideration was substantially greater than the
| ||||||
| 16 | reasonable retail market value of the substance.
| ||||||
| 17 | Clause (1) of this subsection (y) shall not apply to a | ||||||
| 18 | noncontrolled
substance in its finished dosage form that was | ||||||
| 19 | initially introduced into
commerce prior to the initial | ||||||
| 20 | introduction into commerce of a controlled
substance in its | ||||||
| 21 | finished dosage form which it may substantially resemble.
| ||||||
| 22 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
| 23 | distributing
of noncontrolled substances by persons authorized | ||||||
| 24 | to dispense and
distribute controlled substances under this | ||||||
| 25 | Act, provided that such action
would be deemed to be carried | ||||||
| 26 | out in good faith under subsection (u) if the
substances | ||||||
| |||||||
| |||||||
| 1 | involved were controlled substances.
| ||||||
| 2 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
| 3 | manufacture,
preparation, propagation, compounding, | ||||||
| 4 | processing, packaging, advertising
or distribution of a drug or | ||||||
| 5 | drugs by any person registered pursuant to
Section 510 of the | ||||||
| 6 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
| 7 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
| 8 | located in a state
of the United States that delivers, | ||||||
| 9 | dispenses or
distributes, through the United States Postal | ||||||
| 10 | Service or other common
carrier, to Illinois residents, any | ||||||
| 11 | substance which requires a prescription.
| ||||||
| 12 | (z) "Manufacture" means the production, preparation, | ||||||
| 13 | propagation,
compounding, conversion or processing of a | ||||||
| 14 | controlled substance other than methamphetamine, either
| ||||||
| 15 | directly or indirectly, by extraction from substances of | ||||||
| 16 | natural origin,
or independently by means of chemical | ||||||
| 17 | synthesis, or by a combination of
extraction and chemical | ||||||
| 18 | synthesis, and includes any packaging or
repackaging of the | ||||||
| 19 | substance or labeling of its container, except that
this term | ||||||
| 20 | does not include:
| ||||||
| 21 | (1) by an ultimate user, the preparation or compounding | ||||||
| 22 | of a
controlled substance for his or her own use; or
| ||||||
| 23 | (2) by a practitioner, or his or her authorized agent | ||||||
| 24 | under his or her
supervision, the preparation, | ||||||
| 25 | compounding, packaging, or labeling of a
controlled | ||||||
| 26 | substance:
| ||||||
| |||||||
| |||||||
| 1 | (a) as an incident to his or her administering or | ||||||
| 2 | dispensing of a
controlled substance in the course of | ||||||
| 3 | his or her professional practice; or
| ||||||
| 4 | (b) as an incident to lawful research, teaching or | ||||||
| 5 | chemical
analysis and not for sale.
| ||||||
| 6 | (z-1) (Blank).
| ||||||
| 7 | (z-5) "Medication shopping" means the conduct prohibited | ||||||
| 8 | under subsection (a) of Section 314.5 of this Act. | ||||||
| 9 | (z-10) "Mid-level practitioner" means (i) a physician | ||||||
| 10 | assistant who has been delegated authority to prescribe through | ||||||
| 11 | a written delegation of authority by a physician licensed to | ||||||
| 12 | practice medicine in all of its branches, in accordance with | ||||||
| 13 | Section 7.5 of the Physician Assistant Practice Act of 1987, | ||||||
| 14 | (ii) an advanced practice nurse who has been delegated | ||||||
| 15 | authority to prescribe through a written delegation of | ||||||
| 16 | authority by a physician licensed to practice medicine in all | ||||||
| 17 | of its branches or by a podiatric physician, in accordance with | ||||||
| 18 | Section 65-40 of the Nurse Practice Act, or (iii) an animal | ||||||
| 19 | euthanasia agency. | ||||||
| 20 | (aa) "Narcotic drug" means any of the following, whether | ||||||
| 21 | produced
directly or indirectly by extraction from substances | ||||||
| 22 | of vegetable origin,
or independently by means of chemical | ||||||
| 23 | synthesis, or by a combination of
extraction and chemical | ||||||
| 24 | synthesis:
| ||||||
| 25 | (1) opium, opiates, derivatives of opium and opiates, | ||||||
| 26 | including their isomers, esters, ethers, salts, and salts | ||||||
| |||||||
| |||||||
| 1 | of isomers, esters, and ethers, whenever the existence of | ||||||
| 2 | such isomers, esters, ethers, and salts is possible within | ||||||
| 3 | the specific chemical designation; however the term | ||||||
| 4 | "narcotic drug" does not include the isoquinoline | ||||||
| 5 | alkaloids of opium;
| ||||||
| 6 | (2) (blank);
| ||||||
| 7 | (3) opium poppy and poppy straw;
| ||||||
| 8 | (4) coca leaves, except coca leaves and extracts of | ||||||
| 9 | coca leaves from which substantially all of the cocaine and | ||||||
| 10 | ecgonine, and their isomers, derivatives and salts, have | ||||||
| 11 | been removed;
| ||||||
| 12 | (5) cocaine, its salts, optical and geometric isomers, | ||||||
| 13 | and salts of isomers; | ||||||
| 14 | (6) ecgonine, its derivatives, their salts, isomers, | ||||||
| 15 | and salts of isomers; | ||||||
| 16 | (7) any compound, mixture, or preparation which | ||||||
| 17 | contains any quantity of any of the substances referred to | ||||||
| 18 | in subparagraphs (1) through (6). | ||||||
| 19 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
| 20 | Nurse Practice Act.
| ||||||
| 21 | (cc) (Blank).
| ||||||
| 22 | (dd) "Opiate" means any substance having an addiction | ||||||
| 23 | forming or
addiction sustaining liability similar to morphine | ||||||
| 24 | or being capable of
conversion into a drug having addiction | ||||||
| 25 | forming or addiction sustaining
liability.
| ||||||
| 26 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
| |||||||
| |||||||
| 1 | somniferum L., except its seeds.
| ||||||
| 2 | (ee-5) "Oral dosage" means a tablet, capsule, elixir, or | ||||||
| 3 | solution or other liquid form of medication intended for | ||||||
| 4 | administration by mouth, but the term does not include a form | ||||||
| 5 | of medication intended for buccal, sublingual, or transmucosal | ||||||
| 6 | administration. | ||||||
| 7 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
| 8 | Board of
the State of Illinois or its successor agency.
| ||||||
| 9 | (gg) "Person" means any individual, corporation, | ||||||
| 10 | mail-order pharmacy,
government or governmental subdivision or | ||||||
| 11 | agency, business trust, estate,
trust, partnership or | ||||||
| 12 | association, or any other entity.
| ||||||
| 13 | (hh) "Pharmacist" means any person who holds a license or | ||||||
| 14 | certificate of
registration as a registered pharmacist, a local | ||||||
| 15 | registered pharmacist
or a registered assistant pharmacist | ||||||
| 16 | under the Pharmacy Practice Act.
| ||||||
| 17 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
| 18 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
| 19 | Practice Act.
| ||||||
| 20 | (ii-5) "Pharmacy shopping" means the conduct prohibited | ||||||
| 21 | under subsection (b) of Section 314.5 of this Act. | ||||||
| 22 | (ii-10) "Physician" (except when the context otherwise | ||||||
| 23 | requires) means a person licensed to practice medicine in all | ||||||
| 24 | of its branches. | ||||||
| 25 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
| 26 | the opium
poppy, after mowing.
| ||||||
| |||||||
| |||||||
| 1 | (kk) "Practitioner" means a physician licensed to practice | ||||||
| 2 | medicine in all
its branches, dentist, optometrist, podiatric | ||||||
| 3 | physician,
veterinarian, scientific investigator, pharmacist, | ||||||
| 4 | physician assistant,
advanced practice nurse,
licensed | ||||||
| 5 | practical
nurse, registered nurse, hospital, laboratory, or | ||||||
| 6 | pharmacy, or other
person licensed, registered, or otherwise | ||||||
| 7 | lawfully permitted by the
United States or this State to | ||||||
| 8 | distribute, dispense, conduct research
with respect to, | ||||||
| 9 | administer or use in teaching or chemical analysis, a
| ||||||
| 10 | controlled substance in the course of professional practice or | ||||||
| 11 | research.
| ||||||
| 12 | (ll) "Pre-printed prescription" means a written | ||||||
| 13 | prescription upon which
the designated drug has been indicated | ||||||
| 14 | prior to the time of issuance; the term does not mean a written | ||||||
| 15 | prescription that is individually generated by machine or | ||||||
| 16 | computer in the prescriber's office.
| ||||||
| 17 | (mm) "Prescriber" means a physician licensed to practice | ||||||
| 18 | medicine in all
its branches, dentist, optometrist, podiatric | ||||||
| 19 | physician or
veterinarian who issues a prescription, a | ||||||
| 20 | physician assistant who
issues a
prescription for a controlled | ||||||
| 21 | substance
in accordance
with Section 303.05, a written | ||||||
| 22 | delegation, and a written supervision agreement required under | ||||||
| 23 | Section 7.5
of the
Physician Assistant Practice Act of 1987, or | ||||||
| 24 | an advanced practice
nurse with prescriptive authority | ||||||
| 25 | delegated under Section 65-40 of the Nurse Practice Act and in | ||||||
| 26 | accordance with Section 303.05, a written delegation,
and a | ||||||
| |||||||
| |||||||
| 1 | written
collaborative agreement under Section 65-35 of the | ||||||
| 2 | Nurse Practice Act.
| ||||||
| 3 | (nn) "Prescription" means a written, facsimile, or oral | ||||||
| 4 | order, or an electronic order that complies with applicable | ||||||
| 5 | federal requirements,
of
a physician licensed to practice | ||||||
| 6 | medicine in all its branches,
dentist, podiatric physician or | ||||||
| 7 | veterinarian for any controlled
substance, of an optometrist | ||||||
| 8 | for a Schedule III, IV, or V controlled substance in accordance | ||||||
| 9 | with Section 15.1 of the Illinois Optometric Practice Act of | ||||||
| 10 | 1987, of a physician assistant for a
controlled substance
in | ||||||
| 11 | accordance with Section 303.05, a written delegation, and a | ||||||
| 12 | written supervision agreement required under
Section 7.5 of the
| ||||||
| 13 | Physician Assistant Practice Act of 1987, or of an advanced | ||||||
| 14 | practice
nurse with prescriptive authority delegated under | ||||||
| 15 | Section 65-40 of the Nurse Practice Act who issues a | ||||||
| 16 | prescription for a
controlled substance in accordance
with
| ||||||
| 17 | Section 303.05, a written delegation, and a written | ||||||
| 18 | collaborative agreement under Section 65-35 of the Nurse | ||||||
| 19 | Practice Act when required by law.
| ||||||
| 20 | (nn-5) "Prescription Information Library" (PIL) means an | ||||||
| 21 | electronic library that contains reported controlled substance | ||||||
| 22 | data. | ||||||
| 23 | (nn-10) "Prescription Monitoring Program" (PMP) means the | ||||||
| 24 | entity that collects, tracks, and stores reported data on | ||||||
| 25 | controlled substances and select drugs pursuant to Section 316. | ||||||
| 26 | (oo) "Production" or "produce" means manufacture, | ||||||
| |||||||
| |||||||
| 1 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
| 2 | substance other than methamphetamine.
| ||||||
| 3 | (pp) "Registrant" means every person who is required to | ||||||
| 4 | register
under Section 302 of this Act.
| ||||||
| 5 | (qq) "Registry number" means the number assigned to each | ||||||
| 6 | person
authorized to handle controlled substances under the | ||||||
| 7 | laws of the United
States and of this State.
| ||||||
| 8 | (qq-5) "Secretary" means, as the context requires, either | ||||||
| 9 | the Secretary of the Department or the Secretary of the | ||||||
| 10 | Department of Financial and Professional Regulation, and the | ||||||
| 11 | Secretary's designated agents. | ||||||
| 12 | (rr) "State" includes the State of Illinois and any state, | ||||||
| 13 | district,
commonwealth, territory, insular possession thereof, | ||||||
| 14 | and any area
subject to the legal authority of the United | ||||||
| 15 | States of America.
| ||||||
| 16 | (rr-5) "Stimulant" means any drug that (i) causes an | ||||||
| 17 | overall excitation of central nervous system functions, (ii) | ||||||
| 18 | causes impaired consciousness and awareness, and (iii) can be | ||||||
| 19 | habit-forming or lead to a substance abuse problem, including | ||||||
| 20 | but not limited to amphetamines and their analogs, | ||||||
| 21 | methylphenidate and its analogs, cocaine, and phencyclidine | ||||||
| 22 | and its analogs. | ||||||
| 23 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
| 24 | a
controlled substance for his or her own use or for the use of | ||||||
| 25 | a member of his or her
household or for administering to an | ||||||
| 26 | animal owned by him or her or by a member
of his or her | ||||||
| |||||||
| |||||||
| 1 | household.
| ||||||
| 2 | (Source: P.A. 97-334, eff. 1-1-12; 98-214, eff. 8-9-13; revised | ||||||
| 3 | 11-12-13.)
| ||||||
| 4 | (720 ILCS 570/201) (from Ch. 56 1/2, par. 1201)
| ||||||
| 5 | Sec. 201. (a) The Department shall carry out the provisions | ||||||
| 6 | of
this Article. The Department or its successor agency
may, by | ||||||
| 7 | administrative rule, add additional substances
to or delete or | ||||||
| 8 | reschedule all controlled substances in the Schedules of
| ||||||
| 9 | Sections 204, 206, 208, 210 and 212 of this Act. In making a | ||||||
| 10 | determination
regarding the addition,
deletion, or | ||||||
| 11 | rescheduling of a substance, the Department
shall consider
the | ||||||
| 12 | following:
| ||||||
| 13 | (1) the actual or relative potential for abuse;
| ||||||
| 14 | (2) the scientific evidence of its pharmacological | ||||||
| 15 | effect, if known;
| ||||||
| 16 | (3) the state of current scientific knowledge | ||||||
| 17 | regarding the
substance;
| ||||||
| 18 | (4) the history and current pattern of abuse;
| ||||||
| 19 | (5) the scope, duration, and significance of abuse;
| ||||||
| 20 | (6) the risk to the public health;
| ||||||
| 21 | (7) the potential of the substance to produce | ||||||
| 22 | psychological or
physiological dependence;
| ||||||
| 23 | (8) whether the substance is an immediate precursor of | ||||||
| 24 | a substance
already controlled under this Article;
| ||||||
| 25 | (9) the immediate harmful effect in terms of | ||||||
| |||||||
| |||||||
| 1 | potentially fatal
dosage; and
| ||||||
| 2 | (10) the long-range effects in terms of permanent | ||||||
| 3 | health impairment.
| ||||||
| 4 | (b) (Blank).
| ||||||
| 5 | (c) (Blank).
| ||||||
| 6 | (d) If any substance is scheduled, rescheduled, or
deleted | ||||||
| 7 | as a
controlled substance under Federal law and notice thereof | ||||||
| 8 | is given to
the Department, the Department shall
similarly | ||||||
| 9 | control the substance
under this Act after the expiration of 30 | ||||||
| 10 | days from publication in the
Federal Register of a final order | ||||||
| 11 | scheduling a substance as
a
controlled substance or | ||||||
| 12 | rescheduling or deleting a substance, unless
within that 30 day | ||||||
| 13 | period the Department objects, or
a party adversely
affected | ||||||
| 14 | files with the Department substantial written objections
| ||||||
| 15 | objecting to inclusion, rescheduling, or deletion. In that | ||||||
| 16 | case, the
Department shall publish the reasons for objection or | ||||||
| 17 | the substantial
written objections and afford all interested | ||||||
| 18 | parties an opportunity to
be heard. At the conclusion of the | ||||||
| 19 | hearing, the Department shall
publish its decision, by means of | ||||||
| 20 | a rule, which shall be final unless
altered by statute. Upon | ||||||
| 21 | publication of objections by the Department, similar control
| ||||||
| 22 | under this Act whether by inclusion, rescheduling or deletion | ||||||
| 23 | is stayed
until the Department publishes its ruling.
| ||||||
| 24 | (e) (Blank).
| ||||||
| 25 | (f) (Blank).
| ||||||
| 26 | (g) Authority to control under this Section does not extend | ||||||
| |||||||
| |||||||
| 1 | to
distilled spirits, wine, malt beverages, or tobacco as those | ||||||
| 2 | terms are
defined or used in the Liquor Control Act of 1934 and | ||||||
| 3 | the Tobacco Products Tax
Act of 1995.
| ||||||
| 4 | (h) Persons registered with the Drug Enforcement | ||||||
| 5 | Administration to manufacture or distribute controlled | ||||||
| 6 | substances shall maintain adequate security and provide | ||||||
| 7 | effective controls and procedures to guard against theft and | ||||||
| 8 | diversion, but shall not otherwise be required to meet the | ||||||
| 9 | physical security control requirements (such as cage or vault) | ||||||
| 10 | for Schedule V controlled substances containing | ||||||
| 11 | pseudoephedrine or Schedule II controlled substances | ||||||
| 12 | containing dextromethorphan.
| ||||||
| 13 | (Source: P.A. 97-334, eff. 1-1-12; revised 11-12-13.)
| ||||||
| 14 | Section 710. The Rights of Crime Victims and Witnesses Act | ||||||
| 15 | is amended by changing Section 4.5 as follows:
| ||||||
| 16 | (725 ILCS 120/4.5)
| ||||||
| 17 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
| 18 | victims. To afford
crime victims their rights, law enforcement, | ||||||
| 19 | prosecutors, judges and
corrections will provide information, | ||||||
| 20 | as appropriate of the following
procedures:
| ||||||
| 21 | (a) At the request of the crime victim, law enforcement | ||||||
| 22 | authorities
investigating the case shall provide notice of the | ||||||
| 23 | status of the investigation,
except where the State's Attorney | ||||||
| 24 | determines that disclosure of such
information would | ||||||
| |||||||
| |||||||
| 1 | unreasonably interfere with the investigation, until such
time | ||||||
| 2 | as the alleged assailant is apprehended or the investigation is | ||||||
| 3 | closed.
| ||||||
| 4 | (a-5) When law enforcement authorities re-open a closed | ||||||
| 5 | case to resume investigating, they shall provide notice of the | ||||||
| 6 | re-opening of the case, except where the State's Attorney | ||||||
| 7 | determines that disclosure of such information would | ||||||
| 8 | unreasonably interfere with the investigation. | ||||||
| 9 | (b) The office of the State's Attorney:
| ||||||
| 10 | (1) shall provide notice of the filing of information, | ||||||
| 11 | the return of an
indictment by which a prosecution for any | ||||||
| 12 | violent crime is commenced, or the
filing of a petition to | ||||||
| 13 | adjudicate a minor as a delinquent for a violent
crime;
| ||||||
| 14 | (2) shall provide notice of the date, time, and place | ||||||
| 15 | of trial;
| ||||||
| 16 | (3) or victim advocate personnel shall provide | ||||||
| 17 | information of social
services and financial assistance | ||||||
| 18 | available for victims of crime, including
information of | ||||||
| 19 | how to apply for these services and assistance;
| ||||||
| 20 | (3.5) or victim advocate personnel shall provide | ||||||
| 21 | information about available victim services, including | ||||||
| 22 | referrals to programs, counselors, and agencies that | ||||||
| 23 | assist a victim to deal with trauma, loss, and grief;
| ||||||
| 24 | (4) shall assist in having any stolen or other personal | ||||||
| 25 | property held by
law enforcement authorities for | ||||||
| 26 | evidentiary or other purposes returned as
expeditiously as | ||||||
| |||||||
| |||||||
| 1 | possible, pursuant to the procedures set out in Section | ||||||
| 2 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
| 3 | (5) or victim advocate personnel shall provide | ||||||
| 4 | appropriate employer
intercession services to ensure that | ||||||
| 5 | employers of victims will cooperate with
the criminal | ||||||
| 6 | justice system in order to minimize an employee's loss of | ||||||
| 7 | pay and
other benefits resulting from court appearances;
| ||||||
| 8 | (6) shall provide information whenever possible, of a | ||||||
| 9 | secure waiting
area during court proceedings that does not | ||||||
| 10 | require victims to be in close
proximity to defendant or | ||||||
| 11 | juveniles accused of a violent crime, and their
families | ||||||
| 12 | and friends;
| ||||||
| 13 | (7) shall provide notice to the crime victim of the | ||||||
| 14 | right to have a
translator present at all court proceedings | ||||||
| 15 | and, in compliance with the federal Americans
with | ||||||
| 16 | Disabilities Act of 1990, the right to communications | ||||||
| 17 | access through a
sign language interpreter or by other | ||||||
| 18 | means;
| ||||||
| 19 | (8) in the case of the death of a person, which death | ||||||
| 20 | occurred in the same
transaction or occurrence in which | ||||||
| 21 | acts occurred for which a defendant is
charged with an | ||||||
| 22 | offense, shall notify the spouse, parent, child or sibling | ||||||
| 23 | of
the decedent of the date of the trial of the person or | ||||||
| 24 | persons allegedly
responsible for the death;
| ||||||
| 25 | (9) shall inform the victim of the right to have | ||||||
| 26 | present at all court
proceedings, subject to the rules of | ||||||
| |||||||
| |||||||
| 1 | evidence, an advocate or other support
person of the | ||||||
| 2 | victim's choice, and the right to retain an attorney, at | ||||||
| 3 | the
victim's own expense, who, upon written notice filed | ||||||
| 4 | with the clerk of the
court and State's Attorney, is to | ||||||
| 5 | receive copies of all notices, motions and
court orders | ||||||
| 6 | filed thereafter in the case, in the same manner as if the | ||||||
| 7 | victim
were a named party in the case;
| ||||||
| 8 | (9.5) shall inform the victim of (A) the victim's right | ||||||
| 9 | under Section 6 of this Act to make a victim impact | ||||||
| 10 | statement at the sentencing hearing; (B) the right of the | ||||||
| 11 | victim's spouse, guardian, parent, grandparent and other | ||||||
| 12 | immediate family and household members under Section 6 of | ||||||
| 13 | this Act to present an impact statement at sentencing; and | ||||||
| 14 | (C) if a presentence report is to be prepared, the right of | ||||||
| 15 | the victim's spouse, guardian, parent, grandparent and | ||||||
| 16 | other immediate family and household members to submit | ||||||
| 17 | information to the preparer of the presentence report about | ||||||
| 18 | the effect the offense has had on the victim and the | ||||||
| 19 | person;
| ||||||
| 20 | (10) at the sentencing hearing shall make a good faith | ||||||
| 21 | attempt to explain
the minimum amount of time during which | ||||||
| 22 | the defendant may actually be
physically imprisoned. The | ||||||
| 23 | Office of the State's Attorney shall further notify
the | ||||||
| 24 | crime victim of the right to request from the Prisoner | ||||||
| 25 | Review Board
information concerning the release of the | ||||||
| 26 | defendant under subparagraph (d)(1)
of this Section;
| ||||||
| |||||||
| |||||||
| 1 | (11) shall request restitution at sentencing and shall | ||||||
| 2 | consider
restitution in any plea negotiation, as provided | ||||||
| 3 | by law; and
| ||||||
| 4 | (12) shall, upon the court entering a verdict of not | ||||||
| 5 | guilty by reason of insanity, inform the victim of the | ||||||
| 6 | notification services available from the Department of | ||||||
| 7 | Human Services, including the statewide telephone number, | ||||||
| 8 | under subparagraph (d)(2) of this Section. | ||||||
| 9 | (c) At the written request of the crime victim, the office | ||||||
| 10 | of the State's
Attorney shall:
| ||||||
| 11 | (1) provide notice a reasonable time in advance of the | ||||||
| 12 | following court
proceedings: preliminary hearing, any | ||||||
| 13 | hearing the effect of which may be the
release of defendant | ||||||
| 14 | from custody, or to alter the conditions of bond and the
| ||||||
| 15 | sentencing hearing. The crime victim shall also be notified | ||||||
| 16 | of the
cancellation of the court proceeding in sufficient | ||||||
| 17 | time, wherever possible, to
prevent an unnecessary | ||||||
| 18 | appearance in court;
| ||||||
| 19 | (2) provide notice within a reasonable time after | ||||||
| 20 | receipt of notice from
the custodian, of the release of the | ||||||
| 21 | defendant on bail or personal recognizance
or the release | ||||||
| 22 | from detention of a minor who has been detained for a | ||||||
| 23 | violent
crime;
| ||||||
| 24 | (3) explain in nontechnical language the details of any | ||||||
| 25 | plea or verdict of
a defendant, or any adjudication of a | ||||||
| 26 | juvenile as a delinquent for a violent
crime;
| ||||||
| |||||||
| |||||||
| 1 | (4) where practical, consult with the crime victim | ||||||
| 2 | before the Office of
the State's Attorney makes an offer of | ||||||
| 3 | a plea bargain to the defendant or
enters into negotiations | ||||||
| 4 | with the defendant concerning a possible plea
agreement, | ||||||
| 5 | and shall consider the written victim impact statement, if | ||||||
| 6 | prepared
prior to entering into a plea agreement;
| ||||||
| 7 | (5) provide notice of the ultimate disposition of the | ||||||
| 8 | cases arising from
an indictment or an information, or a | ||||||
| 9 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
| 10 | a violent crime;
| ||||||
| 11 | (6) provide notice of any appeal taken by the defendant | ||||||
| 12 | and information
on how to contact the appropriate agency | ||||||
| 13 | handling the appeal;
| ||||||
| 14 | (7) provide notice of any request for post-conviction | ||||||
| 15 | review filed by the
defendant under Article 122 of the Code | ||||||
| 16 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
| 17 | place of any hearing concerning the petition. Whenever
| ||||||
| 18 | possible, notice of the hearing shall be given in advance;
| ||||||
| 19 | (8) forward a copy of any statement presented under | ||||||
| 20 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
| 21 | the Board in making its determination
under subsection (b) | ||||||
| 22 | of Section 3-3-8 of the Unified Code of Corrections.
| ||||||
| 23 | (d)(1) The Prisoner Review Board shall inform a victim or | ||||||
| 24 | any other
concerned citizen, upon written request, of the | ||||||
| 25 | prisoner's release on parole, aftercare release,
mandatory | ||||||
| 26 | supervised release, electronic detention, work release, | ||||||
| |||||||
| |||||||
| 1 | international transfer or exchange, or by the
custodian of the | ||||||
| 2 | discharge of any individual who was adjudicated a delinquent
| ||||||
| 3 | for a violent crime from State custody and by the sheriff of | ||||||
| 4 | the appropriate
county of any such person's final discharge | ||||||
| 5 | from county custody.
The Prisoner Review Board, upon written | ||||||
| 6 | request, shall provide to a victim or
any other concerned | ||||||
| 7 | citizen a recent photograph of any person convicted of a
| ||||||
| 8 | felony, upon his or her release from custody.
The Prisoner
| ||||||
| 9 | Review Board, upon written request, shall inform a victim or | ||||||
| 10 | any other
concerned citizen when feasible at least 7 days prior | ||||||
| 11 | to the prisoner's release
on furlough of the times and dates of | ||||||
| 12 | such furlough. Upon written request by
the victim or any other | ||||||
| 13 | concerned citizen, the State's Attorney shall notify
the person | ||||||
| 14 | once of the times and dates of release of a prisoner sentenced | ||||||
| 15 | to
periodic imprisonment. Notification shall be based on the | ||||||
| 16 | most recent
information as to victim's or other concerned | ||||||
| 17 | citizen's residence or other
location available to the | ||||||
| 18 | notifying authority.
| ||||||
| 19 | (2) When the defendant has been committed to the Department | ||||||
| 20 | of
Human Services pursuant to Section 5-2-4 or any other
| ||||||
| 21 | provision of the Unified Code of Corrections, the victim may | ||||||
| 22 | request to be
notified by the releasing authority of the | ||||||
| 23 | approval by the court of an on-grounds pass, a supervised | ||||||
| 24 | off-grounds pass, an unsupervised off-grounds pass, or | ||||||
| 25 | conditional release; the release on an off-grounds pass; the | ||||||
| 26 | return from an off-grounds pass; transfer to another facility; | ||||||
| |||||||
| |||||||
| 1 | conditional release; escape; death; or final discharge from | ||||||
| 2 | State
custody. The Department of Human Services shall establish | ||||||
| 3 | and maintain a statewide telephone number to be used by victims | ||||||
| 4 | to make notification requests under these provisions and shall | ||||||
| 5 | publicize this telephone number on its website and to the | ||||||
| 6 | State's Attorney of each county.
| ||||||
| 7 | (3) In the event of an escape from State custody, the | ||||||
| 8 | Department of
Corrections or the Department of Juvenile Justice | ||||||
| 9 | immediately shall notify the Prisoner Review Board of the | ||||||
| 10 | escape
and the Prisoner Review Board shall notify the victim. | ||||||
| 11 | The notification shall
be based upon the most recent | ||||||
| 12 | information as to the victim's residence or other
location | ||||||
| 13 | available to the Board. When no such information is available, | ||||||
| 14 | the
Board shall make all reasonable efforts to obtain the | ||||||
| 15 | information and make
the notification. When the escapee is | ||||||
| 16 | apprehended, the Department of
Corrections or the Department of | ||||||
| 17 | Juvenile Justice immediately shall notify the Prisoner Review | ||||||
| 18 | Board and the Board
shall notify the victim.
| ||||||
| 19 | (4) The victim of the crime for which the prisoner has been | ||||||
| 20 | sentenced
shall receive reasonable written notice not less than | ||||||
| 21 | 30 days prior to the
parole or aftercare release hearing and | ||||||
| 22 | may submit, in writing, on film, videotape or other
electronic | ||||||
| 23 | means or in the form of a recording or in person at the parole | ||||||
| 24 | or aftercare release hearing
or if a victim of a violent crime, | ||||||
| 25 | by calling the
toll-free number established in subsection (f) | ||||||
| 26 | of this Section, information
for
consideration by the Prisoner | ||||||
| |||||||
| |||||||
| 1 | Review Board. The
victim shall be notified within 7 days after | ||||||
| 2 | the prisoner has been granted
parole or aftercare release and | ||||||
| 3 | shall be informed of the right to inspect the registry of | ||||||
| 4 | parole or aftercare release
decisions, established under | ||||||
| 5 | subsection (g) of Section 3-3-5 of the Unified
Code of | ||||||
| 6 | Corrections. The provisions of this paragraph (4) are subject | ||||||
| 7 | to the
Open Parole Hearings Act.
| ||||||
| 8 | (5) If a statement is presented under Section 6, the | ||||||
| 9 | Prisoner Review Board
shall inform the victim of any order of | ||||||
| 10 | discharge entered by the Board pursuant
to Section 3-3-8 of the | ||||||
| 11 | Unified Code of Corrections.
| ||||||
| 12 | (6) At the written request of the victim of the crime for | ||||||
| 13 | which the
prisoner was sentenced or the State's Attorney of the | ||||||
| 14 | county where the person seeking parole or aftercare release was | ||||||
| 15 | prosecuted, the Prisoner Review Board shall notify the victim | ||||||
| 16 | and the State's Attorney of the county where the person seeking | ||||||
| 17 | parole or aftercare release was prosecuted of
the death of the | ||||||
| 18 | prisoner if the prisoner died while on parole or aftercare | ||||||
| 19 | release or mandatory
supervised release.
| ||||||
| 20 | (7) When a defendant who has been committed to the | ||||||
| 21 | Department of
Corrections, the Department of Juvenile Justice, | ||||||
| 22 | or the Department of Human Services is released or discharged | ||||||
| 23 | and
subsequently committed to the Department of Human Services | ||||||
| 24 | as a sexually
violent person and the victim had requested to be | ||||||
| 25 | notified by the releasing
authority of the defendant's | ||||||
| 26 | discharge, conditional release, death, or escape from State | ||||||
| |||||||
| |||||||
| 1 | custody, the releasing
authority shall provide to the | ||||||
| 2 | Department of Human Services such information
that would allow | ||||||
| 3 | the Department of Human Services to contact the victim.
| ||||||
| 4 | (8) When a defendant has been convicted of a sex offense as | ||||||
| 5 | defined in Section 2 of the Sex Offender Registration Act and | ||||||
| 6 | has been sentenced to the Department of Corrections or the | ||||||
| 7 | Department of Juvenile Justice, the Prisoner Review Board shall | ||||||
| 8 | notify the victim of the sex offense of the prisoner's | ||||||
| 9 | eligibility for release on parole, aftercare release,
| ||||||
| 10 | mandatory supervised release, electronic detention, work | ||||||
| 11 | release, international transfer or exchange, or by the
| ||||||
| 12 | custodian of the discharge of any individual who was | ||||||
| 13 | adjudicated a delinquent
for a sex offense from State custody | ||||||
| 14 | and by the sheriff of the appropriate
county of any such | ||||||
| 15 | person's final discharge from county custody. The notification | ||||||
| 16 | shall be made to the victim at least 30 days, whenever | ||||||
| 17 | possible, before release of the sex offender. | ||||||
| 18 | (e) The officials named in this Section may satisfy some or | ||||||
| 19 | all of their
obligations to provide notices and other | ||||||
| 20 | information through participation in a
statewide victim and | ||||||
| 21 | witness notification system established by the Attorney
| ||||||
| 22 | General under Section 8.5 of this Act.
| ||||||
| 23 | (f) To permit a victim of a violent crime to provide | ||||||
| 24 | information to the
Prisoner Review Board for consideration by | ||||||
| 25 | the
Board at a parole or aftercare release hearing of a person | ||||||
| 26 | who committed the crime against
the victim in accordance with | ||||||
| |||||||
| |||||||
| 1 | clause (d)(4) of this Section or at a proceeding
to determine | ||||||
| 2 | the conditions of mandatory supervised release of a person
| ||||||
| 3 | sentenced to a determinate sentence or at a hearing on | ||||||
| 4 | revocation of mandatory
supervised release of a person | ||||||
| 5 | sentenced to a determinate sentence, the Board
shall establish | ||||||
| 6 | a toll-free number that may be accessed by the victim of
a | ||||||
| 7 | violent crime to present that information to the Board.
| ||||||
| 8 | (Source: P.A. 97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, | ||||||
| 9 | eff. 7-13-12; 97-815, eff. 1-1-13; 98-372, eff. 1-1-14; 98-558, | ||||||
| 10 | eff. 1-1-14; revised 9-24-13.)
| ||||||
| 11 | Section 715. The Sexually Violent Persons Commitment Act is | ||||||
| 12 | amended by changing Section 30 as follows:
| ||||||
| 13 | (725 ILCS 207/30)
| ||||||
| 14 | Sec. 30. Detention; probable cause hearing; transfer for
| ||||||
| 15 | examination.
| ||||||
| 16 | (a) Upon the filing of a petition under Section 15 of this | ||||||
| 17 | Act,
the court shall review the petition to determine whether | ||||||
| 18 | to issue
an order for detention of the person who is the | ||||||
| 19 | subject of the
petition. The person shall be detained only if | ||||||
| 20 | there is cause to
believe that the person is eligible for | ||||||
| 21 | commitment under subsection (f) of
Section
35 of this Act. A | ||||||
| 22 | person detained under this Section shall be
held in a facility | ||||||
| 23 | approved by the Department. The Department may elect to place | ||||||
| 24 | persons who have been ordered by the court to be detained in a | ||||||
| |||||||
| |||||||
| 1 | State-operated mental health facility or a portion of that | ||||||
| 2 | facility. Persons placed in a State-operated mental health | ||||||
| 3 | facility under this Act shall be separated and shall not | ||||||
| 4 | comingle with the recipients of the mental health facility. The | ||||||
| 5 | portion of a State-operated mental health facility that is used | ||||||
| 6 | for the persons detained under this Act shall not be a part of | ||||||
| 7 | the mental health facility for the enforcement and | ||||||
| 8 | implementation of the Mental Health and Developmental | ||||||
| 9 | Disabilities Code nor shall their care and treatment be subject | ||||||
| 10 | to the provisions of the Mental Health and Developmental | ||||||
| 11 | Disabilities Code. The changes added to this Section by Public | ||||||
| 12 | Act 98-79 this amendatory Act of the 98th General Assembly are | ||||||
| 13 | inoperative on and after June 30, 2015. If the person is
| ||||||
| 14 | serving a sentence of imprisonment, is in a Department of
| ||||||
| 15 | Corrections correctional facility or juvenile correctional
| ||||||
| 16 | facility or is committed to institutional care, and the court
| ||||||
| 17 | orders detention under this Section, the court shall order that
| ||||||
| 18 | the person be transferred to a detention facility approved by | ||||||
| 19 | the
Department. A detention order under this Section remains in
| ||||||
| 20 | effect until the person is discharged after a trial under | ||||||
| 21 | Section
35 of this Act or until the effective date of a | ||||||
| 22 | commitment order
under Section 40 of this Act, whichever is | ||||||
| 23 | applicable.
| ||||||
| 24 | (b) Whenever a petition is filed under Section 15 of this | ||||||
| 25 | Act,
the court shall hold a hearing to determine whether there | ||||||
| 26 | is
probable cause to believe that the person named in the | ||||||
| |||||||
| |||||||
| 1 | petition is
a sexually violent person. If the person named in | ||||||
| 2 | the petition is
in custody, the court shall hold the probable | ||||||
| 3 | cause hearing within
72 hours after the petition is filed, | ||||||
| 4 | excluding Saturdays, Sundays
and legal holidays. The court may | ||||||
| 5 | grant a continuance of the probable cause
hearing for no more | ||||||
| 6 | than 7 additional days upon the motion of the respondent,
for | ||||||
| 7 | good cause. If the person named in the petition has been | ||||||
| 8 | released, is
on parole, is on aftercare release, is on | ||||||
| 9 | mandatory supervised release, or otherwise is not in
custody, | ||||||
| 10 | the court shall hold the probable cause hearing within a
| ||||||
| 11 | reasonable time after the filing of the petition.
At the | ||||||
| 12 | probable cause hearing, the court shall admit and consider all
| ||||||
| 13 | relevant hearsay evidence.
| ||||||
| 14 | (c) If the court determines after a hearing that there is
| ||||||
| 15 | probable cause to believe that the person named in the petition | ||||||
| 16 | is
a sexually violent person, the court shall order that the | ||||||
| 17 | person
be taken into custody if he or she is not in custody and | ||||||
| 18 | shall
order the person to be transferred within a reasonable | ||||||
| 19 | time to an
appropriate facility for an evaluation as to whether | ||||||
| 20 | the person is
a sexually violent person.
If the person who is | ||||||
| 21 | named in the petition refuses to speak to, communicate
with, or | ||||||
| 22 | otherwise fails to cooperate with the examining evaluator from | ||||||
| 23 | the
Department of Human Services or the Department of | ||||||
| 24 | Corrections, that person may
only introduce evidence and | ||||||
| 25 | testimony from any expert or professional person
who is | ||||||
| 26 | retained or court-appointed to conduct an examination of the | ||||||
| |||||||
| |||||||
| 1 | person
that results from a review of the records and may not | ||||||
| 2 | introduce evidence
resulting from an examination of the person.
| ||||||
| 3 | Notwithstanding the provisions of Section 10 of
the
Mental | ||||||
| 4 | Health and Developmental Disabilities Confidentiality Act, all
| ||||||
| 5 | evaluations conducted pursuant to this Act and all Illinois | ||||||
| 6 | Department of
Corrections treatment records shall be | ||||||
| 7 | admissible at all proceedings held
pursuant to this Act, | ||||||
| 8 | including the probable cause hearing and the trial.
| ||||||
| 9 | If the court determines that probable
cause does not exist | ||||||
| 10 | to believe that the person is a sexually
violent person, the | ||||||
| 11 | court shall dismiss the petition.
| ||||||
| 12 | (d) The Department shall promulgate rules that provide the
| ||||||
| 13 | qualifications for persons conducting evaluations under | ||||||
| 14 | subsection
(c) of this Section.
| ||||||
| 15 | (e) If the person named in the petition claims or appears | ||||||
| 16 | to be
indigent, the court shall, prior to the probable cause | ||||||
| 17 | hearing
under subsection (b) of this Section, appoint
counsel.
| ||||||
| 18 | (Source: P.A. 98-79, eff. 7-15-13; 98-558, eff. 1-1-14; revised | ||||||
| 19 | 9-24-13.)
| ||||||
| 20 | Section 720. The Unified Code of Corrections is amended by | ||||||
| 21 | changing Sections 3-2-2, 3-2.5-20, 3-3-2, 3-5-1, 5-5-3, | ||||||
| 22 | 5-5-3.2, 5-5-5, and 5-8A-3 as follows:
| ||||||
| 23 | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| ||||||
| 24 | Sec. 3-2-2. Powers and Duties of the Department.
| ||||||
| |||||||
| |||||||
| 1 | (1) In addition to the powers, duties and responsibilities | ||||||
| 2 | which are
otherwise provided by law, the Department shall have | ||||||
| 3 | the following powers:
| ||||||
| 4 | (a) To accept persons committed to it by the courts of | ||||||
| 5 | this State for
care, custody, treatment and | ||||||
| 6 | rehabilitation, and to accept federal prisoners and aliens | ||||||
| 7 | over whom the Office of the Federal Detention Trustee is | ||||||
| 8 | authorized to exercise the federal detention function for | ||||||
| 9 | limited purposes and periods of time.
| ||||||
| 10 | (b) To develop and maintain reception and evaluation | ||||||
| 11 | units for purposes
of analyzing the custody and | ||||||
| 12 | rehabilitation needs of persons committed to
it and to | ||||||
| 13 | assign such persons to institutions and programs under its | ||||||
| 14 | control
or transfer them to other appropriate agencies. In | ||||||
| 15 | consultation with the
Department of Alcoholism and | ||||||
| 16 | Substance Abuse (now the Department of Human
Services), the | ||||||
| 17 | Department of Corrections
shall develop a master plan for | ||||||
| 18 | the screening and evaluation of persons
committed to its | ||||||
| 19 | custody who have alcohol or drug abuse problems, and for
| ||||||
| 20 | making appropriate treatment available to such persons; | ||||||
| 21 | the Department
shall report to the General Assembly on such | ||||||
| 22 | plan not later than April 1,
1987. The maintenance and | ||||||
| 23 | implementation of such plan shall be contingent
upon the | ||||||
| 24 | availability of funds.
| ||||||
| 25 | (b-1) To create and implement, on January 1, 2002, a | ||||||
| 26 | pilot
program to
establish the effectiveness of | ||||||
| |||||||
| |||||||
| 1 | pupillometer technology (the measurement of the
pupil's
| ||||||
| 2 | reaction to light) as an alternative to a urine test for | ||||||
| 3 | purposes of screening
and evaluating
persons committed to | ||||||
| 4 | its custody who have alcohol or drug problems. The
pilot | ||||||
| 5 | program shall require the pupillometer technology to be | ||||||
| 6 | used in at
least one Department of
Corrections facility. | ||||||
| 7 | The Director may expand the pilot program to include an
| ||||||
| 8 | additional facility or
facilities as he or she deems | ||||||
| 9 | appropriate.
A minimum of 4,000 tests shall be included in | ||||||
| 10 | the pilot program.
The
Department must report to the
| ||||||
| 11 | General Assembly on the
effectiveness of the program by | ||||||
| 12 | January 1, 2003.
| ||||||
| 13 | (b-5) To develop, in consultation with the Department | ||||||
| 14 | of State Police, a
program for tracking and evaluating each | ||||||
| 15 | inmate from commitment through release
for recording his or | ||||||
| 16 | her gang affiliations, activities, or ranks.
| ||||||
| 17 | (c) To maintain and administer all State correctional | ||||||
| 18 | institutions and
facilities under its control and to | ||||||
| 19 | establish new ones as needed. Pursuant
to its power to | ||||||
| 20 | establish new institutions and facilities, the Department
| ||||||
| 21 | may, with the written approval of the Governor, authorize | ||||||
| 22 | the Department of
Central Management Services to enter into | ||||||
| 23 | an agreement of the type
described in subsection (d) of | ||||||
| 24 | Section 405-300 of the
Department
of Central Management | ||||||
| 25 | Services Law (20 ILCS 405/405-300). The Department shall
| ||||||
| 26 | designate those institutions which
shall constitute the | ||||||
| |||||||
| |||||||
| 1 | State Penitentiary System.
| ||||||
| 2 | Pursuant to its power to establish new institutions and | ||||||
| 3 | facilities, the
Department may authorize the Department of | ||||||
| 4 | Central Management Services to
accept bids from counties | ||||||
| 5 | and municipalities for the construction,
remodeling or | ||||||
| 6 | conversion of a structure to be leased to the Department of
| ||||||
| 7 | Corrections for the purposes of its serving as a | ||||||
| 8 | correctional institution
or facility. Such construction, | ||||||
| 9 | remodeling or conversion may be financed
with revenue bonds | ||||||
| 10 | issued pursuant to the Industrial Building Revenue Bond
Act | ||||||
| 11 | by the municipality or county. The lease specified in a bid | ||||||
| 12 | shall be
for a term of not less than the time needed to | ||||||
| 13 | retire any revenue bonds
used to finance the project, but | ||||||
| 14 | not to exceed 40 years. The lease may
grant to the State | ||||||
| 15 | the option to purchase the structure outright.
| ||||||
| 16 | Upon receipt of the bids, the Department may certify | ||||||
| 17 | one or more of the
bids and shall submit any such bids to | ||||||
| 18 | the General Assembly for approval.
Upon approval of a bid | ||||||
| 19 | by a constitutional majority of both houses of the
General | ||||||
| 20 | Assembly, pursuant to joint resolution, the Department of | ||||||
| 21 | Central
Management Services may enter into an agreement | ||||||
| 22 | with the county or
municipality pursuant to such bid.
| ||||||
| 23 | (c-5) To build and maintain regional juvenile | ||||||
| 24 | detention centers and to
charge a per diem to the counties | ||||||
| 25 | as established by the Department to defray
the costs of | ||||||
| 26 | housing each minor in a center. In this subsection (c-5),
| ||||||
| |||||||
| |||||||
| 1 | "juvenile
detention center" means a facility to house | ||||||
| 2 | minors during pendency of trial who
have been transferred | ||||||
| 3 | from proceedings under the Juvenile Court Act of 1987 to
| ||||||
| 4 | prosecutions under the criminal laws of this State in | ||||||
| 5 | accordance with Section
5-805 of the Juvenile Court Act of | ||||||
| 6 | 1987, whether the transfer was by operation
of
law or | ||||||
| 7 | permissive under that Section. The Department shall | ||||||
| 8 | designate the
counties to be served by each regional | ||||||
| 9 | juvenile detention center.
| ||||||
| 10 | (d) To develop and maintain programs of control, | ||||||
| 11 | rehabilitation and
employment of committed persons within | ||||||
| 12 | its institutions.
| ||||||
| 13 | (d-5) To provide a pre-release job preparation program | ||||||
| 14 | for inmates at Illinois adult correctional centers.
| ||||||
| 15 | (e) To establish a system of supervision and guidance | ||||||
| 16 | of committed persons
in the community.
| ||||||
| 17 | (f) To establish in cooperation with the Department of | ||||||
| 18 | Transportation
to supply a sufficient number of prisoners | ||||||
| 19 | for use by the Department of
Transportation to clean up the | ||||||
| 20 | trash and garbage along State, county,
township, or | ||||||
| 21 | municipal highways as designated by the Department of
| ||||||
| 22 | Transportation. The Department of Corrections, at the | ||||||
| 23 | request of the
Department of Transportation, shall furnish | ||||||
| 24 | such prisoners at least
annually for a period to be agreed | ||||||
| 25 | upon between the Director of
Corrections and the Director | ||||||
| 26 | of Transportation. The prisoners used on this
program shall | ||||||
| |||||||
| |||||||
| 1 | be selected by the Director of Corrections on whatever | ||||||
| 2 | basis
he deems proper in consideration of their term, | ||||||
| 3 | behavior and earned eligibility
to participate in such | ||||||
| 4 | program - where they will be outside of the prison
facility | ||||||
| 5 | but still in the custody of the Department of Corrections. | ||||||
| 6 | Prisoners
convicted of first degree murder, or a Class X | ||||||
| 7 | felony, or armed violence, or
aggravated kidnapping, or | ||||||
| 8 | criminal sexual assault, aggravated criminal sexual
abuse | ||||||
| 9 | or a subsequent conviction for criminal sexual abuse, or | ||||||
| 10 | forcible
detention, or arson, or a prisoner adjudged a | ||||||
| 11 | Habitual Criminal shall not be
eligible for selection to | ||||||
| 12 | participate in such program. The prisoners shall
remain as | ||||||
| 13 | prisoners in the custody of the Department of Corrections | ||||||
| 14 | and such
Department shall furnish whatever security is | ||||||
| 15 | necessary. The Department of
Transportation shall furnish | ||||||
| 16 | trucks and equipment for the highway cleanup
program and | ||||||
| 17 | personnel to supervise and direct the program. Neither the
| ||||||
| 18 | Department of Corrections nor the Department of | ||||||
| 19 | Transportation shall replace
any regular employee with a | ||||||
| 20 | prisoner.
| ||||||
| 21 | (g) To maintain records of persons committed to it and | ||||||
| 22 | to establish
programs of research, statistics and | ||||||
| 23 | planning.
| ||||||
| 24 | (h) To investigate the grievances of any person | ||||||
| 25 | committed to the
Department, to inquire into any alleged | ||||||
| 26 | misconduct by employees
or committed persons, and to | ||||||
| |||||||
| |||||||
| 1 | investigate the assets
of committed persons to implement | ||||||
| 2 | Section 3-7-6 of this Code; and for
these purposes it may | ||||||
| 3 | issue subpoenas and compel the attendance of witnesses
and | ||||||
| 4 | the production of writings and papers, and may examine | ||||||
| 5 | under oath any
witnesses who may appear before it; to also | ||||||
| 6 | investigate alleged violations
of a parolee's or | ||||||
| 7 | releasee's conditions of parole or release; and for this
| ||||||
| 8 | purpose it may issue subpoenas and compel the attendance of | ||||||
| 9 | witnesses and
the production of documents only if there is | ||||||
| 10 | reason to believe that such
procedures would provide | ||||||
| 11 | evidence that such violations have occurred.
| ||||||
| 12 | If any person fails to obey a subpoena issued under | ||||||
| 13 | this subsection,
the Director may apply to any circuit | ||||||
| 14 | court to secure compliance with the
subpoena. The failure | ||||||
| 15 | to comply with the order of the court issued in
response | ||||||
| 16 | thereto shall be punishable as contempt of court.
| ||||||
| 17 | (i) To appoint and remove the chief administrative | ||||||
| 18 | officers, and
administer
programs of training and | ||||||
| 19 | development of personnel of the Department. Personnel
| ||||||
| 20 | assigned by the Department to be responsible for the
| ||||||
| 21 | custody and control of committed persons or to investigate | ||||||
| 22 | the alleged
misconduct of committed persons or employees or | ||||||
| 23 | alleged violations of a
parolee's or releasee's conditions | ||||||
| 24 | of parole shall be conservators of the peace
for those | ||||||
| 25 | purposes, and shall have the full power of peace officers | ||||||
| 26 | outside
of the facilities of the Department in the | ||||||
| |||||||
| |||||||
| 1 | protection, arrest, retaking
and reconfining of committed | ||||||
| 2 | persons or where the exercise of such power
is necessary to | ||||||
| 3 | the investigation of such misconduct or violations. This | ||||||
| 4 | subsection shall not apply to persons committed to the | ||||||
| 5 | Department of Juvenile Justice under the Juvenile Court Act | ||||||
| 6 | of 1987 on aftercare release.
| ||||||
| 7 | (j) To cooperate with other departments and agencies | ||||||
| 8 | and with local
communities for the development of standards | ||||||
| 9 | and programs for better
correctional services in this | ||||||
| 10 | State.
| ||||||
| 11 | (k) To administer all moneys and properties of the | ||||||
| 12 | Department.
| ||||||
| 13 | (l) To report annually to the Governor on the committed
| ||||||
| 14 | persons, institutions and programs of the Department.
| ||||||
| 15 | (l-5) (Blank).
| ||||||
| 16 | (m) To make all rules and regulations and exercise all | ||||||
| 17 | powers and duties
vested by law in the Department.
| ||||||
| 18 | (n) To establish rules and regulations for | ||||||
| 19 | administering a system of
sentence credits, established in | ||||||
| 20 | accordance with Section 3-6-3, subject
to review by the | ||||||
| 21 | Prisoner Review Board.
| ||||||
| 22 | (o) To administer the distribution of funds
from the | ||||||
| 23 | State Treasury to reimburse counties where State penal
| ||||||
| 24 | institutions are located for the payment of assistant | ||||||
| 25 | state's attorneys'
salaries under Section 4-2001 of the | ||||||
| 26 | Counties Code.
| ||||||
| |||||||
| |||||||
| 1 | (p) To exchange information with the Department of | ||||||
| 2 | Human Services and the
Department of Healthcare and Family | ||||||
| 3 | Services
for the purpose of verifying living arrangements | ||||||
| 4 | and for other purposes
directly connected with the | ||||||
| 5 | administration of this Code and the Illinois
Public Aid | ||||||
| 6 | Code.
| ||||||
| 7 | (q) To establish a diversion program.
| ||||||
| 8 | The program shall provide a structured environment for | ||||||
| 9 | selected
technical parole or mandatory supervised release | ||||||
| 10 | violators and committed
persons who have violated the rules | ||||||
| 11 | governing their conduct while in work
release. This program | ||||||
| 12 | shall not apply to those persons who have committed
a new | ||||||
| 13 | offense while serving on parole or mandatory supervised | ||||||
| 14 | release or
while committed to work release.
| ||||||
| 15 | Elements of the program shall include, but shall not be | ||||||
| 16 | limited to, the
following:
| ||||||
| 17 | (1) The staff of a diversion facility shall provide | ||||||
| 18 | supervision in
accordance with required objectives set | ||||||
| 19 | by the facility.
| ||||||
| 20 | (2) Participants shall be required to maintain | ||||||
| 21 | employment.
| ||||||
| 22 | (3) Each participant shall pay for room and board | ||||||
| 23 | at the facility on a
sliding-scale basis according to | ||||||
| 24 | the participant's income.
| ||||||
| 25 | (4) Each participant shall:
| ||||||
| 26 | (A) provide restitution to victims in | ||||||
| |||||||
| |||||||
| 1 | accordance with any court order;
| ||||||
| 2 | (B) provide financial support to his | ||||||
| 3 | dependents; and
| ||||||
| 4 | (C) make appropriate payments toward any other | ||||||
| 5 | court-ordered
obligations.
| ||||||
| 6 | (5) Each participant shall complete community | ||||||
| 7 | service in addition to
employment.
| ||||||
| 8 | (6) Participants shall take part in such | ||||||
| 9 | counseling, educational and
other programs as the | ||||||
| 10 | Department may deem appropriate.
| ||||||
| 11 | (7) Participants shall submit to drug and alcohol | ||||||
| 12 | screening.
| ||||||
| 13 | (8) The Department shall promulgate rules | ||||||
| 14 | governing the administration
of the program.
| ||||||
| 15 | (r) To enter into intergovernmental cooperation | ||||||
| 16 | agreements under which
persons in the custody of the | ||||||
| 17 | Department may participate in a county impact
| ||||||
| 18 | incarceration program established under Section 3-6038 or | ||||||
| 19 | 3-15003.5 of the
Counties Code.
| ||||||
| 20 | (r-5) (Blank).
| ||||||
| 21 | (r-10) To systematically and routinely identify with | ||||||
| 22 | respect to each
streetgang active within the correctional | ||||||
| 23 | system: (1) each active gang; (2)
every existing inter-gang | ||||||
| 24 | affiliation or alliance; and (3) the current leaders
in | ||||||
| 25 | each gang. The Department shall promptly segregate leaders | ||||||
| 26 | from inmates who
belong to their gangs and allied gangs. | ||||||
| |||||||
| |||||||
| 1 | "Segregate" means no physical contact
and, to the extent | ||||||
| 2 | possible under the conditions and space available at the
| ||||||
| 3 | correctional facility, prohibition of visual and sound | ||||||
| 4 | communication. For the
purposes of this paragraph (r-10), | ||||||
| 5 | "leaders" means persons who:
| ||||||
| 6 | (i) are members of a criminal streetgang;
| ||||||
| 7 | (ii) with respect to other individuals within the | ||||||
| 8 | streetgang, occupy a
position of organizer, | ||||||
| 9 | supervisor, or other position of management or
| ||||||
| 10 | leadership; and
| ||||||
| 11 | (iii) are actively and personally engaged in | ||||||
| 12 | directing, ordering,
authorizing, or requesting | ||||||
| 13 | commission of criminal acts by others, which are
| ||||||
| 14 | punishable as a felony, in furtherance of streetgang | ||||||
| 15 | related activity both
within and outside of the | ||||||
| 16 | Department of Corrections.
| ||||||
| 17 | "Streetgang", "gang", and "streetgang related" have the | ||||||
| 18 | meanings ascribed to
them in Section 10 of the Illinois | ||||||
| 19 | Streetgang Terrorism Omnibus Prevention
Act.
| ||||||
| 20 | (s) To operate a super-maximum security institution, | ||||||
| 21 | in order to
manage and
supervise inmates who are disruptive | ||||||
| 22 | or dangerous and provide for the safety
and security of the | ||||||
| 23 | staff and the other inmates.
| ||||||
| 24 | (t) To monitor any unprivileged conversation or any | ||||||
| 25 | unprivileged
communication, whether in person or by mail, | ||||||
| 26 | telephone, or other means,
between an inmate who, before | ||||||
| |||||||
| |||||||
| 1 | commitment to the Department, was a member of an
organized | ||||||
| 2 | gang and any other person without the need to show cause or | ||||||
| 3 | satisfy
any other requirement of law before beginning the | ||||||
| 4 | monitoring, except as
constitutionally required. The | ||||||
| 5 | monitoring may be by video, voice, or other
method of | ||||||
| 6 | recording or by any other means. As used in this | ||||||
| 7 | subdivision (1)(t),
"organized gang" has the meaning | ||||||
| 8 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
| 9 | Terrorism Omnibus Prevention Act.
| ||||||
| 10 | As used in this subdivision (1)(t), "unprivileged | ||||||
| 11 | conversation" or
"unprivileged communication" means a | ||||||
| 12 | conversation or communication that is not
protected by any | ||||||
| 13 | privilege recognized by law or by decision, rule, or order | ||||||
| 14 | of
the Illinois Supreme Court.
| ||||||
| 15 | (u) To establish a Women's and Children's Pre-release | ||||||
| 16 | Community
Supervision
Program for the purpose of providing | ||||||
| 17 | housing and services to eligible female
inmates, as | ||||||
| 18 | determined by the Department, and their newborn and young
| ||||||
| 19 | children.
| ||||||
| 20 | (u-5) To issue an order, whenever a person committed to | ||||||
| 21 | the Department absconds or absents himself or herself, | ||||||
| 22 | without authority to do so, from any facility or program to | ||||||
| 23 | which he or she is assigned. The order shall be certified | ||||||
| 24 | by the Director, the Supervisor of the Apprehension Unit, | ||||||
| 25 | or any person duly designated by the Director, with the | ||||||
| 26 | seal of the Department affixed. The order shall be directed | ||||||
| |||||||
| |||||||
| 1 | to all sheriffs, coroners, and police officers, or to any | ||||||
| 2 | particular person named in the order. Any order issued | ||||||
| 3 | pursuant to this subdivision (1) (u-5) shall be sufficient | ||||||
| 4 | warrant for the officer or person named in the order to | ||||||
| 5 | arrest and deliver the committed person to the proper | ||||||
| 6 | correctional officials and shall be executed the same as | ||||||
| 7 | criminal process.
| ||||||
| 8 | (v) To do all other acts necessary to carry out the | ||||||
| 9 | provisions
of this Chapter.
| ||||||
| 10 | (2) The Department of Corrections shall by January 1, 1998, | ||||||
| 11 | consider
building and operating a correctional facility within | ||||||
| 12 | 100 miles of a county of
over 2,000,000 inhabitants, especially | ||||||
| 13 | a facility designed to house juvenile
participants in the | ||||||
| 14 | impact incarceration program.
| ||||||
| 15 | (3) When the Department lets bids for contracts for medical
| ||||||
| 16 | services to be provided to persons committed to Department | ||||||
| 17 | facilities by
a health maintenance organization, medical | ||||||
| 18 | service corporation, or other
health care provider, the bid may | ||||||
| 19 | only be let to a health care provider
that has obtained an | ||||||
| 20 | irrevocable letter of credit or performance bond
issued by a | ||||||
| 21 | company whose bonds have an investment grade or higher rating | ||||||
| 22 | by a bond rating
organization.
| ||||||
| 23 | (4) When the Department lets bids for
contracts for food or | ||||||
| 24 | commissary services to be provided to
Department facilities, | ||||||
| 25 | the bid may only be let to a food or commissary
services | ||||||
| 26 | provider that has obtained an irrevocable letter of
credit or | ||||||
| |||||||
| |||||||
| 1 | performance bond issued by a company whose bonds have an | ||||||
| 2 | investment grade or higher rating by a bond rating | ||||||
| 3 | organization.
| ||||||
| 4 | (5) On and after the date 6 months after August 16, 2013 | ||||||
| 5 | (the effective date of Public Act 98-488) this amendatory Act | ||||||
| 6 | of the 98th General Assembly, as provided in the Executive | ||||||
| 7 | Order 1 (2012) Implementation Act, all of the powers, duties, | ||||||
| 8 | rights, and responsibilities related to State healthcare | ||||||
| 9 | purchasing under this Code that were transferred from the | ||||||
| 10 | Department of Corrections to the Department of Healthcare and | ||||||
| 11 | Family Services by Executive Order 3 (2005) are transferred | ||||||
| 12 | back to the Department of Corrections; however, powers, duties, | ||||||
| 13 | rights, and responsibilities related to State healthcare | ||||||
| 14 | purchasing under this Code that were exercised by the | ||||||
| 15 | Department of Corrections before the effective date of | ||||||
| 16 | Executive Order 3 (2005) but that pertain to individuals | ||||||
| 17 | resident in facilities operated by the Department of Juvenile | ||||||
| 18 | Justice are transferred to the Department of Juvenile Justice. | ||||||
| 19 | (Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12; | ||||||
| 20 | 97-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff. | ||||||
| 21 | 8-16-13; 98-558, eff. 1-1-14; revised 9-24-13.)
| ||||||
| 22 | (730 ILCS 5/3-2.5-20)
| ||||||
| 23 | Sec. 3-2.5-20. General powers and duties. | ||||||
| 24 | (a) In addition to the powers, duties, and responsibilities | ||||||
| 25 | which are otherwise provided by law or transferred to the | ||||||
| |||||||
| |||||||
| 1 | Department as a result of this Article, the Department, as | ||||||
| 2 | determined by the Director, shall have, but are not limited to, | ||||||
| 3 | the following rights, powers, functions and duties: | ||||||
| 4 | (1) To accept juveniles committed to it by the courts | ||||||
| 5 | of this State for care, custody, treatment, and | ||||||
| 6 | rehabilitation. | ||||||
| 7 | (2) To maintain and administer all State juvenile | ||||||
| 8 | correctional institutions previously under the control of | ||||||
| 9 | the Juvenile and Women's & Children Divisions of the | ||||||
| 10 | Department of Corrections, and to establish and maintain | ||||||
| 11 | institutions as needed to meet the needs of the youth | ||||||
| 12 | committed to its care. | ||||||
| 13 | (3) To identify the need for and recommend the funding | ||||||
| 14 | and implementation of an appropriate mix of programs and | ||||||
| 15 | services within the juvenile justice continuum, including | ||||||
| 16 | but not limited to prevention, nonresidential and | ||||||
| 17 | residential commitment programs, day treatment, and | ||||||
| 18 | conditional release programs and services, with the | ||||||
| 19 | support of educational, vocational, alcohol, drug abuse, | ||||||
| 20 | and mental health services where appropriate. | ||||||
| 21 | (3.5) To assist youth committed to the Department of | ||||||
| 22 | Juvenile Justice under the Juvenile Court Act of 1987 with | ||||||
| 23 | successful reintegration into society, the Department | ||||||
| 24 | shall retain custody and control of all adjudicated | ||||||
| 25 | delinquent juveniles released under Section 3-3-10 of this | ||||||
| 26 | Code, shall provide a continuum of post-release treatment | ||||||
| |||||||
| |||||||
| 1 | and services to those youth, and shall supervise those | ||||||
| 2 | youth during their release period in accordance with the | ||||||
| 3 | conditions set by the Prisoner Review Board. | ||||||
| 4 | (4) To establish and provide transitional and | ||||||
| 5 | post-release treatment programs for juveniles committed to | ||||||
| 6 | the Department. Services shall include but are not limited | ||||||
| 7 | to: | ||||||
| 8 | (i) family and individual counseling and treatment | ||||||
| 9 | placement; | ||||||
| 10 | (ii) referral services to any other State or local | ||||||
| 11 | agencies; | ||||||
| 12 | (iii) mental health services; | ||||||
| 13 | (iv) educational services; | ||||||
| 14 | (v) family counseling services; and | ||||||
| 15 | (vi) substance abuse services. | ||||||
| 16 | (5) To access vital records of juveniles for the | ||||||
| 17 | purposes of providing necessary documentation for | ||||||
| 18 | transitional services such as obtaining identification, | ||||||
| 19 | educational enrollment, employment, and housing. | ||||||
| 20 | (6) To develop staffing and workload standards and | ||||||
| 21 | coordinate staff development and training appropriate for | ||||||
| 22 | juvenile populations. | ||||||
| 23 | (7) To develop, with the approval of the Office of the | ||||||
| 24 | Governor and the Governor's Office of Management and | ||||||
| 25 | Budget, annual budget requests.
| ||||||
| 26 | (8) To administer the Interstate Compact for | ||||||
| |||||||
| |||||||
| 1 | Juveniles, with respect to all juveniles under its | ||||||
| 2 | jurisdiction, and to cooperate with the Department of Human | ||||||
| 3 | Services with regard to all non-offender juveniles subject | ||||||
| 4 | to the Interstate Compact for Juveniles.
| ||||||
| 5 | (b) The Department may employ personnel in accordance with | ||||||
| 6 | the Personnel Code and Section 3-2.5-15 of this Code, provide | ||||||
| 7 | facilities, contract for goods and services, and adopt rules as | ||||||
| 8 | necessary to carry out its functions and purposes, all in | ||||||
| 9 | accordance with applicable State and federal law.
| ||||||
| 10 | (c) On and after the date 6 months after August 16, 2013 | ||||||
| 11 | (the effective date of Public Act 98-488) this amendatory Act | ||||||
| 12 | of the 98th General Assembly, as provided in the Executive | ||||||
| 13 | Order 1 (2012) Implementation Act, all of the powers, duties, | ||||||
| 14 | rights, and responsibilities related to State healthcare | ||||||
| 15 | purchasing under this Code that were transferred from the | ||||||
| 16 | Department of Corrections to the Department of Healthcare and | ||||||
| 17 | Family Services by Executive Order 3 (2005) are transferred | ||||||
| 18 | back to the Department of Corrections; however, powers, duties, | ||||||
| 19 | rights, and responsibilities related to State healthcare | ||||||
| 20 | purchasing under this Code that were exercised by the | ||||||
| 21 | Department of Corrections before the effective date of | ||||||
| 22 | Executive Order 3 (2005) but that pertain to individuals | ||||||
| 23 | resident in facilities operated by the Department of Juvenile | ||||||
| 24 | Justice are transferred to the Department of Juvenile Justice. | ||||||
| 25 | (Source: P.A. 98-488, eff. 8-16-13; 98-558, eff. 1-1-14; | ||||||
| 26 | revised 9-24-13.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| ||||||
| 2 | Sec. 3-3-2. Powers and Duties.
| ||||||
| 3 | (a) The Parole and Pardon Board is abolished and the term | ||||||
| 4 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
| 5 | read "Prisoner Review
Board." After the effective date of this | ||||||
| 6 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
| 7 | by rule for the orderly transition of
all files, records, and | ||||||
| 8 | documents of the Parole and Pardon Board and for
such other | ||||||
| 9 | steps as may be necessary to effect an orderly transition and | ||||||
| 10 | shall:
| ||||||
| 11 | (1) hear by at least one member and through a panel of | ||||||
| 12 | at least 3 members
decide, cases of prisoners
who were | ||||||
| 13 | sentenced under the law in effect prior to the effective
| ||||||
| 14 | date of this amendatory Act of 1977, and who are eligible | ||||||
| 15 | for parole;
| ||||||
| 16 | (2) hear by at least one member and through a panel of | ||||||
| 17 | at least 3 members decide, the conditions of
parole and the | ||||||
| 18 | time of discharge from parole, impose sanctions for
| ||||||
| 19 | violations of parole, and revoke
parole for those sentenced | ||||||
| 20 | under the law in effect prior to this amendatory
Act of | ||||||
| 21 | 1977; provided that the decision to parole and the | ||||||
| 22 | conditions of
parole for all prisoners who were sentenced | ||||||
| 23 | for first degree murder or who
received a minimum sentence | ||||||
| 24 | of 20 years or more under the law in effect
prior to | ||||||
| 25 | February 1, 1978 shall be determined by a majority vote of | ||||||
| |||||||
| |||||||
| 1 | the
Prisoner Review Board. One representative supporting | ||||||
| 2 | parole and one representative opposing parole will be | ||||||
| 3 | allowed to speak. Their comments shall be limited to making | ||||||
| 4 | corrections and filling in omissions to the Board's | ||||||
| 5 | presentation and discussion;
| ||||||
| 6 | (3) hear by at least one member and through a panel of | ||||||
| 7 | at least 3 members decide, the conditions
of mandatory | ||||||
| 8 | supervised release and the time of discharge from mandatory
| ||||||
| 9 | supervised release, impose sanctions for violations of | ||||||
| 10 | mandatory
supervised release, and revoke mandatory | ||||||
| 11 | supervised release for those
sentenced under the law in | ||||||
| 12 | effect after the effective date of this
amendatory Act of | ||||||
| 13 | 1977;
| ||||||
| 14 | (3.5) hear by at least one member and through a panel | ||||||
| 15 | of at least 3 members decide, the conditions of mandatory | ||||||
| 16 | supervised release and the time of discharge from mandatory | ||||||
| 17 | supervised release, to impose sanctions for violations of | ||||||
| 18 | mandatory supervised release and revoke mandatory | ||||||
| 19 | supervised release for those serving extended supervised | ||||||
| 20 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
| 21 | of Section 5-8-1;
| ||||||
| 22 | (3.6) hear by at least one member and through a panel | ||||||
| 23 | of at least 3 members decide, the time of aftercare | ||||||
| 24 | release, the conditions of aftercare release and the time | ||||||
| 25 | of discharge from aftercare release, impose sanctions for | ||||||
| 26 | violations of aftercare release, and revoke aftercare | ||||||
| |||||||
| |||||||
| 1 | release for those adjudicated delinquent under the | ||||||
| 2 | Juvenile Court Act of 1987;
| ||||||
| 3 | (4) hear by at least one member and through a panel of | ||||||
| 4 | at least 3
members,
decide cases brought by the Department | ||||||
| 5 | of Corrections against a prisoner in
the custody of the | ||||||
| 6 | Department for alleged violation of Department rules
with | ||||||
| 7 | respect to sentence credits under Section 3-6-3 of this | ||||||
| 8 | Code
in which the Department seeks to revoke sentence | ||||||
| 9 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
| 10 | when, during any 12 month period, the
cumulative amount of | ||||||
| 11 | credit revoked exceeds 30 days except where the
infraction | ||||||
| 12 | is committed or discovered within 60 days of scheduled | ||||||
| 13 | release.
In such cases, the Department of Corrections may | ||||||
| 14 | revoke up to 30 days of
sentence credit. The Board may | ||||||
| 15 | subsequently approve the revocation of
additional sentence | ||||||
| 16 | credit, if the Department seeks to revoke sentence credit | ||||||
| 17 | in excess of thirty days. However, the Board shall not be
| ||||||
| 18 | empowered to review the Department's decision with respect | ||||||
| 19 | to the loss of
30 days of sentence credit for any prisoner | ||||||
| 20 | or to increase any penalty
beyond the length requested by | ||||||
| 21 | the Department;
| ||||||
| 22 | (5) hear by at least one member and through a panel of | ||||||
| 23 | at least 3
members decide, the
release dates for certain | ||||||
| 24 | prisoners sentenced under the law in existence
prior to the | ||||||
| 25 | effective date of this amendatory Act of 1977, in
| ||||||
| 26 | accordance with Section 3-3-2.1 of this Code;
| ||||||
| |||||||
| |||||||
| 1 | (6) hear by at least one member and through a panel of | ||||||
| 2 | at least 3 members
decide, all requests for pardon, | ||||||
| 3 | reprieve or commutation, and make confidential
| ||||||
| 4 | recommendations to the Governor;
| ||||||
| 5 | (7) comply with the requirements of the Open Parole | ||||||
| 6 | Hearings Act;
| ||||||
| 7 | (8) hear by at least one member and, through a panel of | ||||||
| 8 | at least 3
members, decide cases brought by the Department | ||||||
| 9 | of Corrections against a
prisoner in the custody of the | ||||||
| 10 | Department for court dismissal of a frivolous
lawsuit | ||||||
| 11 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
| 12 | Department seeks
to revoke up to 180 days of sentence | ||||||
| 13 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
| 14 | sentence credit at the time of the dismissal, then
all | ||||||
| 15 | sentence credit accumulated by the prisoner shall be | ||||||
| 16 | revoked;
| ||||||
| 17 | (9) hear by at least 3 members, and, through a panel of | ||||||
| 18 | at least 3
members, decide whether to grant certificates of | ||||||
| 19 | relief from
disabilities or certificates of good conduct as | ||||||
| 20 | provided in Article 5.5 of
Chapter V; | ||||||
| 21 | (10) upon a petition by a person who has been convicted | ||||||
| 22 | of a Class 3 or Class 4 felony and who meets the | ||||||
| 23 | requirements of this paragraph, hear by at least 3 members | ||||||
| 24 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
| 25 | a certificate of eligibility for sealing recommending that | ||||||
| 26 | the court order the sealing of all official
records of the | ||||||
| |||||||
| |||||||
| 1 | arresting authority, the circuit court clerk, and the | ||||||
| 2 | Department of State Police concerning the arrest and | ||||||
| 3 | conviction for the Class 3 or 4 felony. A person may not | ||||||
| 4 | apply to the Board for a certificate of eligibility for | ||||||
| 5 | sealing: | ||||||
| 6 | (A) until 5 years have elapsed since the expiration | ||||||
| 7 | of his or her sentence; | ||||||
| 8 | (B) until 5 years have elapsed since any arrests or | ||||||
| 9 | detentions by a law enforcement officer for an alleged | ||||||
| 10 | violation of law, other than a petty offense, traffic | ||||||
| 11 | offense, conservation offense, or local ordinance | ||||||
| 12 | offense; | ||||||
| 13 | (C) if convicted of a violation of the Cannabis | ||||||
| 14 | Control Act, Illinois Controlled Substances Act, the | ||||||
| 15 | Methamphetamine Control and Community Protection Act, | ||||||
| 16 | the Methamphetamine Precursor Control Act, or the | ||||||
| 17 | Methamphetamine Precursor Tracking Act unless the | ||||||
| 18 | petitioner has completed a drug abuse program for the | ||||||
| 19 | offense on which sealing is sought and provides proof | ||||||
| 20 | that he or she has completed the program successfully; | ||||||
| 21 | (D) if convicted of: | ||||||
| 22 | (i) a sex offense described in Article 11 or | ||||||
| 23 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
| 24 | the Criminal Code of 1961 or the Criminal Code of | ||||||
| 25 | 2012; | ||||||
| 26 | (ii) aggravated assault; | ||||||
| |||||||
| |||||||
| 1 | (iii) aggravated battery; | ||||||
| 2 | (iv) domestic battery; | ||||||
| 3 | (v) aggravated domestic battery; | ||||||
| 4 | (vi) violation of an order of protection; | ||||||
| 5 | (vii) an offense under the Criminal Code of | ||||||
| 6 | 1961 or the Criminal Code of 2012 involving a | ||||||
| 7 | firearm; | ||||||
| 8 | (viii) driving while under the influence of | ||||||
| 9 | alcohol, other drug or drugs, intoxicating | ||||||
| 10 | compound or compounds or any combination thereof; | ||||||
| 11 | (ix) aggravated driving while under the | ||||||
| 12 | influence of alcohol, other drug or drugs, | ||||||
| 13 | intoxicating compound or compounds or any | ||||||
| 14 | combination thereof; or | ||||||
| 15 | (x) any crime defined as a crime of violence | ||||||
| 16 | under Section 2 of the Crime Victims Compensation | ||||||
| 17 | Act. | ||||||
| 18 | If a person has applied to the Board for a certificate | ||||||
| 19 | of eligibility for sealing and the Board denies the | ||||||
| 20 | certificate, the person must wait at least 4 years before | ||||||
| 21 | filing again or filing for pardon from the Governor unless | ||||||
| 22 | the Chairman of the Prisoner Review Board grants a waiver. | ||||||
| 23 | The decision to issue or refrain from issuing a | ||||||
| 24 | certificate of eligibility for sealing shall be at the | ||||||
| 25 | Board's sole discretion, and shall not give rise to any | ||||||
| 26 | cause of action against either the Board or its members. | ||||||
| |||||||
| |||||||
| 1 | The Board may only authorize the sealing of Class 3 and | ||||||
| 2 | 4 felony convictions of the petitioner from one information | ||||||
| 3 | or indictment under this paragraph (10). A petitioner may | ||||||
| 4 | only receive one certificate of eligibility for sealing | ||||||
| 5 | under this provision for life; and
| ||||||
| 6 | (11) upon a petition by a person who after having been | ||||||
| 7 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
| 8 | in the United States Armed Forces or National Guard of this | ||||||
| 9 | or any other state and had received an honorable discharge | ||||||
| 10 | from the United States Armed Forces or National Guard or | ||||||
| 11 | who at the time of filing the petition is enlisted in the | ||||||
| 12 | United States Armed Forces or National Guard of this or any | ||||||
| 13 | other state and served one tour of duty and who meets the | ||||||
| 14 | requirements of this paragraph, hear by at least 3 members | ||||||
| 15 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
| 16 | a certificate of eligibility for expungement recommending | ||||||
| 17 | that the court order the expungement of all official
| ||||||
| 18 | records of the arresting authority, the circuit court | ||||||
| 19 | clerk, and the Department of State Police concerning the | ||||||
| 20 | arrest and conviction for the Class 3 or 4 felony. A person | ||||||
| 21 | may not apply to the Board for a certificate of eligibility | ||||||
| 22 | for expungement: | ||||||
| 23 | (A) if convicted of: | ||||||
| 24 | (i) a sex offense described in Article 11 or | ||||||
| 25 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
| 26 | the Criminal Code of 1961 or Criminal Code of 2012; | ||||||
| |||||||
| |||||||
| 1 | (ii) an offense under the Criminal Code of 1961 | ||||||
| 2 | or Criminal Code of 2012 involving a firearm; or | ||||||
| 3 | (iii) a crime of violence as defined in Section | ||||||
| 4 | 2 of the Crime Victims Compensation Act; or | ||||||
| 5 | (B) if the person has not served in the United | ||||||
| 6 | States Armed Forces or National Guard of this or any | ||||||
| 7 | other state or has not received an honorable discharge | ||||||
| 8 | from the United States Armed Forces or National Guard | ||||||
| 9 | of this or any other state or who at the time of the | ||||||
| 10 | filing of the petition is serving in the United States | ||||||
| 11 | Armed Forces or National Guard of this or any other | ||||||
| 12 | state and has not completed one tour of duty. | ||||||
| 13 | If a person has applied to the Board for a certificate | ||||||
| 14 | of eligibility for expungement and the Board denies the | ||||||
| 15 | certificate, the person must wait at least 4 years before | ||||||
| 16 | filing again or filing for a pardon with authorization for | ||||||
| 17 | expungement from the Governor unless the Governor or | ||||||
| 18 | Chairman of the Prisoner Review Board grants a waiver. | ||||||
| 19 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
| 20 | and in
coordination with the Department of Corrections and the | ||||||
| 21 | Department of Central
Management Services, shall implement a | ||||||
| 22 | pilot project in 3 correctional
institutions providing for the | ||||||
| 23 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
| 24 | (a) of this Section through interactive video conferences.
The
| ||||||
| 25 | project shall be implemented within 6 months after the | ||||||
| 26 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
| |||||||
| |||||||
| 1 | after the implementation of the pilot
project, the Prisoner | ||||||
| 2 | Review Board, with the cooperation of and in coordination
with | ||||||
| 3 | the Department of Corrections and the Department of Central | ||||||
| 4 | Management
Services, shall report to the Governor and the | ||||||
| 5 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
| 6 | future viability of interactive video
conferences for Prisoner | ||||||
| 7 | Review Board hearings.
| ||||||
| 8 | (b) Upon recommendation of the Department the Board may | ||||||
| 9 | restore sentence credit previously revoked.
| ||||||
| 10 | (c) The Board shall cooperate with the Department in | ||||||
| 11 | promoting an
effective system of parole, aftercare release, and | ||||||
| 12 | mandatory supervised release.
| ||||||
| 13 | (d) The Board shall promulgate rules for the conduct of its | ||||||
| 14 | work,
and the Chairman shall file a copy of such rules and any | ||||||
| 15 | amendments
thereto with the Director and with the Secretary of | ||||||
| 16 | State.
| ||||||
| 17 | (e) The Board shall keep records of all of its official | ||||||
| 18 | actions and
shall make them accessible in accordance with law | ||||||
| 19 | and the rules of the
Board.
| ||||||
| 20 | (f) The Board or one who has allegedly violated the | ||||||
| 21 | conditions of
his or her parole, aftercare release, or | ||||||
| 22 | mandatory supervised release may require by subpoena the
| ||||||
| 23 | attendance and testimony of witnesses and the production of | ||||||
| 24 | documentary
evidence relating to any matter under | ||||||
| 25 | investigation or hearing. The
Chairman of the Board may sign | ||||||
| 26 | subpoenas which shall be served by any
agent or public official | ||||||
| |||||||
| |||||||
| 1 | authorized by the Chairman of the Board, or by
any person | ||||||
| 2 | lawfully authorized to serve a subpoena under the laws of the
| ||||||
| 3 | State of Illinois. The attendance of witnesses, and the | ||||||
| 4 | production of
documentary evidence, may be required from any | ||||||
| 5 | place in the State to a
hearing location in the State before | ||||||
| 6 | the Chairman of the Board or his or her
designated agent or | ||||||
| 7 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
| 8 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
| 9 | mileage that are paid witnesses in the circuit courts of the
| ||||||
| 10 | State, and witnesses whose depositions are taken and the | ||||||
| 11 | persons taking
those depositions are each entitled to the same | ||||||
| 12 | fees as are paid for
like services in actions in the circuit | ||||||
| 13 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
| 14 | payment when the witness is discharged
from further attendance.
| ||||||
| 15 | In case of disobedience to a subpoena, the Board may | ||||||
| 16 | petition any
circuit court of the State for an order requiring | ||||||
| 17 | the attendance and
testimony of witnesses or the production of | ||||||
| 18 | documentary evidence or
both. A copy of such petition shall be | ||||||
| 19 | served by personal service or by
registered or certified mail | ||||||
| 20 | upon the person who has failed to obey the
subpoena, and such | ||||||
| 21 | person shall be advised in writing that a hearing
upon the | ||||||
| 22 | petition will be requested in a court room to be designated in
| ||||||
| 23 | such notice before the judge hearing motions or extraordinary | ||||||
| 24 | remedies
at a specified time, on a specified date, not less | ||||||
| 25 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
| 26 | the written notice and petition
in the U.S. mails addressed to | ||||||
| |||||||
| |||||||
| 1 | the person at his last known address or
after the personal | ||||||
| 2 | service of the copy of the notice and petition upon
such | ||||||
| 3 | person. The court upon the filing of such a petition, may order | ||||||
| 4 | the
person refusing to obey the subpoena to appear at an | ||||||
| 5 | investigation or
hearing, or to there produce documentary | ||||||
| 6 | evidence, if so ordered, or to
give evidence relative to the | ||||||
| 7 | subject matter of that investigation or
hearing. Any failure to | ||||||
| 8 | obey such order of the circuit court may be
punished by that | ||||||
| 9 | court as a contempt of court.
| ||||||
| 10 | Each member of the Board and any hearing officer designated | ||||||
| 11 | by the
Board shall have the power to administer oaths and to | ||||||
| 12 | take the testimony
of persons under oath.
| ||||||
| 13 | (g) Except under subsection (a) of this Section, a majority | ||||||
| 14 | of the
members then appointed to the Prisoner Review Board | ||||||
| 15 | shall constitute a
quorum for the transaction of all business | ||||||
| 16 | of the Board.
| ||||||
| 17 | (h) The Prisoner Review Board shall annually transmit to | ||||||
| 18 | the
Director a detailed report of its work for the preceding | ||||||
| 19 | calendar year.
The annual report shall also be transmitted to | ||||||
| 20 | the Governor for
submission to the Legislature.
| ||||||
| 21 | (Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13; | ||||||
| 22 | 97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff. | ||||||
| 23 | 1-1-14; revised 8-28-13.)
| ||||||
| 24 | (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
| ||||||
| 25 | (Text of Section before amendment by P.A. 98-528) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3-5-1. Master Record File.
| ||||||
| 2 | (a) The Department of Corrections and the Department of | ||||||
| 3 | Juvenile Justice shall
maintain a master record file on each | ||||||
| 4 | person committed to it,
which shall contain the following | ||||||
| 5 | information:
| ||||||
| 6 | (1) all information from the committing court;
| ||||||
| 7 | (2) reception summary;
| ||||||
| 8 | (3) evaluation and assignment reports and | ||||||
| 9 | recommendations;
| ||||||
| 10 | (4) reports as to program assignment and progress;
| ||||||
| 11 | (5) reports of disciplinary infractions and | ||||||
| 12 | disposition, including tickets and Administrative Review | ||||||
| 13 | Board action;
| ||||||
| 14 | (6) any parole or aftercare release plan;
| ||||||
| 15 | (7) any parole or aftercare release reports;
| ||||||
| 16 | (8) the date and circumstances of final discharge; | ||||||
| 17 | (9) criminal history; | ||||||
| 18 | (10) current and past gang affiliations and ranks; | ||||||
| 19 | (11) information regarding associations and family | ||||||
| 20 | relationships; | ||||||
| 21 | (12) any grievances filed and responses to those | ||||||
| 22 | grievances; and | ||||||
| 23 | (13) other information that the respective Department | ||||||
| 24 | determines is relevant to the secure confinement and | ||||||
| 25 | rehabilitation of the committed person.
| ||||||
| 26 | (b) All files shall be confidential and access shall be
| ||||||
| |||||||
| |||||||
| 1 | limited to authorized personnel of the respective Department.
| ||||||
| 2 | Personnel of other correctional, welfare or law enforcement
| ||||||
| 3 | agencies may have access to files under rules and regulations
| ||||||
| 4 | of the respective Department. The respective Department shall | ||||||
| 5 | keep a record of all
outside personnel who have access to | ||||||
| 6 | files, the files reviewed,
any file material copied, and the | ||||||
| 7 | purpose of access. If the
respective Department or the Prisoner | ||||||
| 8 | Review Board makes a determination
under this Code which | ||||||
| 9 | affects the length of the period of
confinement or commitment, | ||||||
| 10 | the committed person and his counsel
shall be advised of | ||||||
| 11 | factual information relied upon by the
respective Department or | ||||||
| 12 | Board to make the determination, provided that
the Department | ||||||
| 13 | or Board shall not be required to advise a
person committed to | ||||||
| 14 | the Department of Juvenile Justice any such information
which | ||||||
| 15 | in the opinion of the Department of Juvenile Justice or Board | ||||||
| 16 | would be
detrimental to his treatment or rehabilitation.
| ||||||
| 17 | (c) The master file shall be maintained at a place
| ||||||
| 18 | convenient to its use by personnel of the respective Department | ||||||
| 19 | in
charge of the person. When custody of a person is | ||||||
| 20 | transferred
from the Department to another department or | ||||||
| 21 | agency, a
summary of the file shall be forwarded to the | ||||||
| 22 | receiving
agency with such other information required by law or
| ||||||
| 23 | requested by the agency under rules and regulations of the
| ||||||
| 24 | respective Department.
| ||||||
| 25 | (d) The master file of a person no longer in the custody
of | ||||||
| 26 | the respective Department shall be placed on inactive status | ||||||
| |||||||
| |||||||
| 1 | and its
use shall be restricted subject to rules and | ||||||
| 2 | regulations of
the Department.
| ||||||
| 3 | (e) All public agencies may make available to the
| ||||||
| 4 | respective Department on request any factual data not otherwise
| ||||||
| 5 | privileged as a matter of law in their possession in respect
to | ||||||
| 6 | individuals committed to the respective Department.
| ||||||
| 7 | (Source: P.A. 97-696, eff. 6-22-12; 98-558, eff. 1-1-14.)
| ||||||
| 8 | (Text of Section after amendment by P.A. 98-528) | ||||||
| 9 | Sec. 3-5-1. Master Record File.
| ||||||
| 10 | (a) The Department of Corrections and the Department of | ||||||
| 11 | Juvenile Justice shall
maintain a master record file on each | ||||||
| 12 | person committed to it,
which shall contain the following | ||||||
| 13 | information:
| ||||||
| 14 | (1) all information from the committing court;
| ||||||
| 15 | (1.5) ethnic and racial background data collected in | ||||||
| 16 | accordance with Section 4.5 of the Criminal Identification | ||||||
| 17 | Act;
| ||||||
| 18 | (2) reception summary;
| ||||||
| 19 | (3) evaluation and assignment reports and | ||||||
| 20 | recommendations;
| ||||||
| 21 | (4) reports as to program assignment and progress;
| ||||||
| 22 | (5) reports of disciplinary infractions and | ||||||
| 23 | disposition, including tickets and Administrative Review | ||||||
| 24 | Board action;
| ||||||
| 25 | (6) any parole or aftercare release plan;
| ||||||
| |||||||
| |||||||
| 1 | (7) any parole or aftercare release reports;
| ||||||
| 2 | (8) the date and circumstances of final discharge; | ||||||
| 3 | (9) criminal history; | ||||||
| 4 | (10) current and past gang affiliations and ranks; | ||||||
| 5 | (11) information regarding associations and family | ||||||
| 6 | relationships; | ||||||
| 7 | (12) any grievances filed and responses to those | ||||||
| 8 | grievances; and | ||||||
| 9 | (13) other information that the respective Department | ||||||
| 10 | determines is relevant to the secure confinement and | ||||||
| 11 | rehabilitation of the committed person.
| ||||||
| 12 | (b) All files shall be confidential and access shall be
| ||||||
| 13 | limited to authorized personnel of the respective Department.
| ||||||
| 14 | Personnel of other correctional, welfare or law enforcement
| ||||||
| 15 | agencies may have access to files under rules and regulations
| ||||||
| 16 | of the respective Department. The respective Department shall | ||||||
| 17 | keep a record of all
outside personnel who have access to | ||||||
| 18 | files, the files reviewed,
any file material copied, and the | ||||||
| 19 | purpose of access. If the
respective Department or the Prisoner | ||||||
| 20 | Review Board makes a determination
under this Code which | ||||||
| 21 | affects the length of the period of
confinement or commitment, | ||||||
| 22 | the committed person and his counsel
shall be advised of | ||||||
| 23 | factual information relied upon by the
respective Department or | ||||||
| 24 | Board to make the determination, provided that
the Department | ||||||
| 25 | or Board shall not be required to advise a
person committed to | ||||||
| 26 | the Department of Juvenile Justice any such information
which | ||||||
| |||||||
| |||||||
| 1 | in the opinion of the Department of Juvenile Justice or Board | ||||||
| 2 | would be
detrimental to his treatment or rehabilitation.
| ||||||
| 3 | (c) The master file shall be maintained at a place
| ||||||
| 4 | convenient to its use by personnel of the respective Department | ||||||
| 5 | in
charge of the person. When custody of a person is | ||||||
| 6 | transferred
from the Department to another department or | ||||||
| 7 | agency, a
summary of the file shall be forwarded to the | ||||||
| 8 | receiving
agency with such other information required by law or
| ||||||
| 9 | requested by the agency under rules and regulations of the
| ||||||
| 10 | respective Department.
| ||||||
| 11 | (d) The master file of a person no longer in the custody
of | ||||||
| 12 | the respective Department shall be placed on inactive status | ||||||
| 13 | and its
use shall be restricted subject to rules and | ||||||
| 14 | regulations of
the Department.
| ||||||
| 15 | (e) All public agencies may make available to the
| ||||||
| 16 | respective Department on request any factual data not otherwise
| ||||||
| 17 | privileged as a matter of law in their possession in respect
to | ||||||
| 18 | individuals committed to the respective Department.
| ||||||
| 19 | (Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15; | ||||||
| 20 | 98-558, eff. 1-1-14; revised 9-24-13.)
| ||||||
| 21 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
| 22 | Sec. 5-5-3. Disposition.
| ||||||
| 23 | (a) (Blank).
| ||||||
| 24 | (b) (Blank).
| ||||||
| 25 | (c) (1) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (2) A period of probation, a term of periodic | ||||||
| 2 | imprisonment or
conditional discharge shall not be imposed | ||||||
| 3 | for the following offenses.
The court shall sentence the | ||||||
| 4 | offender to not less than the minimum term
of imprisonment | ||||||
| 5 | set forth in this Code for the following offenses, and
may | ||||||
| 6 | order a fine or restitution or both in conjunction with | ||||||
| 7 | such term of
imprisonment:
| ||||||
| 8 | (A) First degree murder where the death penalty is | ||||||
| 9 | not imposed.
| ||||||
| 10 | (B) Attempted first degree murder.
| ||||||
| 11 | (C) A Class X felony.
| ||||||
| 12 | (D) A violation of Section 401.1 or 407 of the
| ||||||
| 13 | Illinois Controlled Substances Act, or a violation of | ||||||
| 14 | subdivision (c)(1.5) or
(c)(2) of
Section 401 of that | ||||||
| 15 | Act which relates to more than 5 grams of a substance
| ||||||
| 16 | containing cocaine, fentanyl, or an analog thereof.
| ||||||
| 17 | (D-5) A violation of subdivision (c)(1) of
Section | ||||||
| 18 | 401 of the Illinois Controlled Substances Act which | ||||||
| 19 | relates to 3 or more grams of a substance
containing | ||||||
| 20 | heroin or an analog thereof.
| ||||||
| 21 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
| 22 | Control
Act.
| ||||||
| 23 | (F) A Class 2 or greater felony if the offender had | ||||||
| 24 | been convicted
of a Class 2 or greater felony, | ||||||
| 25 | including any state or federal conviction for an | ||||||
| 26 | offense that contained, at the time it was committed, | ||||||
| |||||||
| |||||||
| 1 | the same elements as an offense now (the date of the | ||||||
| 2 | offense committed after the prior Class 2 or greater | ||||||
| 3 | felony) classified as a Class 2 or greater felony, | ||||||
| 4 | within 10 years of the date on which the
offender
| ||||||
| 5 | committed the offense for which he or she is being | ||||||
| 6 | sentenced, except as
otherwise provided in Section | ||||||
| 7 | 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
| 8 | Dependency Act.
| ||||||
| 9 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
| 10 | 24-1.6 of the Criminal Code of 1961 or the Criminal | ||||||
| 11 | Code of 2012 for which imprisonment is prescribed in | ||||||
| 12 | those Sections.
| ||||||
| 13 | (G) Residential burglary, except as otherwise | ||||||
| 14 | provided in Section 40-10
of the Alcoholism and Other | ||||||
| 15 | Drug Abuse and Dependency Act.
| ||||||
| 16 | (H) Criminal sexual assault.
| ||||||
| 17 | (I) Aggravated battery of a senior citizen as | ||||||
| 18 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
| 19 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
| 20 | Criminal Code of 2012.
| ||||||
| 21 | (J) A forcible felony if the offense was related to | ||||||
| 22 | the activities of an
organized gang.
| ||||||
| 23 | Before July 1, 1994, for the purposes of this | ||||||
| 24 | paragraph, "organized
gang" means an association of 5 | ||||||
| 25 | or more persons, with an established hierarchy,
that | ||||||
| 26 | encourages members of the association to perpetrate | ||||||
| |||||||
| |||||||
| 1 | crimes or provides
support to the members of the | ||||||
| 2 | association who do commit crimes.
| ||||||
| 3 | Beginning July 1, 1994, for the purposes of this | ||||||
| 4 | paragraph,
"organized gang" has the meaning ascribed | ||||||
| 5 | to it in Section 10 of the Illinois
Streetgang | ||||||
| 6 | Terrorism Omnibus Prevention Act.
| ||||||
| 7 | (K) Vehicular hijacking.
| ||||||
| 8 | (L) A second or subsequent conviction for the | ||||||
| 9 | offense of hate crime
when the underlying offense upon | ||||||
| 10 | which the hate crime is based is felony
aggravated
| ||||||
| 11 | assault or felony mob action.
| ||||||
| 12 | (M) A second or subsequent conviction for the | ||||||
| 13 | offense of institutional
vandalism if the damage to the | ||||||
| 14 | property exceeds $300.
| ||||||
| 15 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
| 16 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
| 17 | Identification Card Act.
| ||||||
| 18 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
| 19 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
| 20 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
| 21 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
| 22 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
| 23 | (Q) A violation of subsection (b) or (b-5) of | ||||||
| 24 | Section 20-1, Section 20-1.2, or Section 20-1.3 of the | ||||||
| 25 | Criminal Code of
1961 or the Criminal Code of 2012.
| ||||||
| 26 | (R) A violation of Section 24-3A of the Criminal | ||||||
| |||||||
| |||||||
| 1 | Code of
1961 or the Criminal Code of 2012.
| ||||||
| 2 | (S) (Blank).
| ||||||
| 3 | (T) A second or subsequent violation of the | ||||||
| 4 | Methamphetamine Control and Community Protection Act.
| ||||||
| 5 | (U) A second or subsequent violation of Section | ||||||
| 6 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
| 7 | or her driver's license, permit, or privilege was | ||||||
| 8 | revoked because of a violation of Section 9-3 of the | ||||||
| 9 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 10 | relating to the offense of reckless homicide, or a | ||||||
| 11 | similar provision of a law of another state.
| ||||||
| 12 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
| 13 | of Section 11-20.1B or paragraph (4) of subsection (c) | ||||||
| 14 | of Section 11-20.3 of the Criminal Code of 1961, or | ||||||
| 15 | paragraph (6) of subsection (a) of Section 11-20.1 of | ||||||
| 16 | the Criminal Code of 2012 when the victim is under 13 | ||||||
| 17 | years of age and the defendant has previously been | ||||||
| 18 | convicted under the laws of this State or any other | ||||||
| 19 | state of the offense of child pornography, aggravated | ||||||
| 20 | child pornography, aggravated criminal sexual abuse, | ||||||
| 21 | aggravated criminal sexual assault, predatory criminal | ||||||
| 22 | sexual assault of a child, or any of the offenses | ||||||
| 23 | formerly known as rape, deviate sexual assault, | ||||||
| 24 | indecent liberties with a child, or aggravated | ||||||
| 25 | indecent liberties with a child where the victim was | ||||||
| 26 | under the age of 18 years or an offense that is | ||||||
| |||||||
| |||||||
| 1 | substantially equivalent to those offenses. | ||||||
| 2 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
| 3 | Code of 1961 or the Criminal Code of 2012.
| ||||||
| 4 | (X) A violation of subsection (a) of Section 31-1a | ||||||
| 5 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 6 | 2012. | ||||||
| 7 | (Y) A conviction for unlawful possession of a | ||||||
| 8 | firearm by a street gang member when the firearm was | ||||||
| 9 | loaded or contained firearm ammunition. | ||||||
| 10 | (Z) A Class 1 felony committed while he or she was | ||||||
| 11 | serving a term of probation or conditional discharge | ||||||
| 12 | for a felony. | ||||||
| 13 | (AA) Theft of property exceeding $500,000 and not | ||||||
| 14 | exceeding $1,000,000 in value. | ||||||
| 15 | (BB) Laundering of criminally derived property of | ||||||
| 16 | a value exceeding
$500,000. | ||||||
| 17 | (CC) Knowingly selling, offering for sale, holding | ||||||
| 18 | for sale, or using 2,000 or more counterfeit items or | ||||||
| 19 | counterfeit items having a retail value in the | ||||||
| 20 | aggregate of $500,000 or more. | ||||||
| 21 | (DD) A conviction for aggravated assault under | ||||||
| 22 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
| 23 | Criminal Code of 1961 or the Criminal Code of 2012 if | ||||||
| 24 | the firearm is aimed toward the person against whom the | ||||||
| 25 | firearm is being used.
| ||||||
| 26 | (3) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (4) A minimum term of imprisonment of not less than 10
| ||||||
| 2 | consecutive days or 30 days of community service shall be | ||||||
| 3 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
| 4 | of the Illinois Vehicle Code.
| ||||||
| 5 | (4.1) (Blank).
| ||||||
| 6 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
| 7 | of this subsection (c), a
minimum of
100 hours of community | ||||||
| 8 | service shall be imposed for a second violation of
Section | ||||||
| 9 | 6-303
of the Illinois Vehicle Code.
| ||||||
| 10 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
| 11 | hours of community
service, as determined by the court, | ||||||
| 12 | shall
be imposed for a second violation of subsection (c) | ||||||
| 13 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
| 14 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
| 15 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
| 16 | imprisonment of 30 days or 300 hours of community service, | ||||||
| 17 | as
determined by the court, shall
be imposed
for a third or | ||||||
| 18 | subsequent violation of Section 6-303 of the Illinois | ||||||
| 19 | Vehicle
Code.
| ||||||
| 20 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
| 21 | be imposed for a third violation of subsection (c) of
| ||||||
| 22 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
| 23 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
| 24 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
| 25 | shall be imposed for a
fourth or subsequent violation of | ||||||
| 26 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
| |||||||
| |||||||
| 1 | Code.
| ||||||
| 2 | (4.7) A minimum term of imprisonment of not less than | ||||||
| 3 | 30 consecutive days, or 300 hours of community service, | ||||||
| 4 | shall be imposed for a violation of subsection (a-5) of | ||||||
| 5 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
| 6 | subsection (b-5) of that Section.
| ||||||
| 7 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
| 8 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
| 9 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
| 10 | of that Section. The person's driving privileges shall be | ||||||
| 11 | revoked for a period of not less than 5 years from the date | ||||||
| 12 | of his or her release from prison.
| ||||||
| 13 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
| 14 | and not more than 15 years shall be imposed for a third | ||||||
| 15 | violation of subsection (a-5) of Section 6-303 of the | ||||||
| 16 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
| 17 | that Section. The person's driving privileges shall be | ||||||
| 18 | revoked for the remainder of his or her life.
| ||||||
| 19 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
| 20 | shall be imposed, and the person shall be eligible for an | ||||||
| 21 | extended term sentence, for a fourth or subsequent | ||||||
| 22 | violation of subsection (a-5) of Section 6-303 of the | ||||||
| 23 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
| 24 | that Section. The person's driving privileges shall be | ||||||
| 25 | revoked for the remainder of his or her life.
| ||||||
| 26 | (5) The court may sentence a corporation or | ||||||
| |||||||
| |||||||
| 1 | unincorporated
association convicted of any offense to:
| ||||||
| 2 | (A) a period of conditional discharge;
| ||||||
| 3 | (B) a fine;
| ||||||
| 4 | (C) make restitution to the victim under Section | ||||||
| 5 | 5-5-6 of this Code.
| ||||||
| 6 | (5.1) In addition to any other penalties imposed, and | ||||||
| 7 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
| 8 | convicted of violating subsection (c) of Section 11-907 of | ||||||
| 9 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
| 10 | license, permit, or privileges
suspended for at least 90 | ||||||
| 11 | days but not more than one year, if the violation
resulted | ||||||
| 12 | in damage to the property of another person.
| ||||||
| 13 | (5.2) In addition to any other penalties imposed, and | ||||||
| 14 | except as provided in paragraph (5.3), a person convicted
| ||||||
| 15 | of violating subsection (c) of Section 11-907 of the | ||||||
| 16 | Illinois Vehicle Code
shall have his or her driver's | ||||||
| 17 | license, permit, or privileges suspended for at
least 180 | ||||||
| 18 | days but not more than 2 years, if the violation resulted | ||||||
| 19 | in injury
to
another person.
| ||||||
| 20 | (5.3) In addition to any other penalties imposed, a | ||||||
| 21 | person convicted of violating subsection (c) of Section
| ||||||
| 22 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
| 23 | driver's license,
permit, or privileges suspended for 2 | ||||||
| 24 | years, if the violation resulted in the
death of another | ||||||
| 25 | person.
| ||||||
| 26 | (5.4) In addition to any other penalties imposed, a | ||||||
| |||||||
| |||||||
| 1 | person convicted of violating Section 3-707 of the Illinois | ||||||
| 2 | Vehicle Code shall have his or her driver's license, | ||||||
| 3 | permit, or privileges suspended for 3 months and until he | ||||||
| 4 | or she has paid a reinstatement fee of $100. | ||||||
| 5 | (5.5) In addition to any other penalties imposed, a | ||||||
| 6 | person convicted of violating Section 3-707 of the Illinois | ||||||
| 7 | Vehicle Code during a period in which his or her driver's | ||||||
| 8 | license, permit, or privileges were suspended for a | ||||||
| 9 | previous violation of that Section shall have his or her | ||||||
| 10 | driver's license, permit, or privileges suspended for an | ||||||
| 11 | additional 6 months after the expiration of the original | ||||||
| 12 | 3-month suspension and until he or she has paid a | ||||||
| 13 | reinstatement fee of $100.
| ||||||
| 14 | (6) (Blank).
| ||||||
| 15 | (7) (Blank).
| ||||||
| 16 | (8) (Blank).
| ||||||
| 17 | (9) A defendant convicted of a second or subsequent | ||||||
| 18 | offense of ritualized
abuse of a child may be sentenced to | ||||||
| 19 | a term of natural life imprisonment.
| ||||||
| 20 | (10) (Blank).
| ||||||
| 21 | (11) The court shall impose a minimum fine of $1,000 | ||||||
| 22 | for a first offense
and $2,000 for a second or subsequent | ||||||
| 23 | offense upon a person convicted of or
placed on supervision | ||||||
| 24 | for battery when the individual harmed was a sports
| ||||||
| 25 | official or coach at any level of competition and the act | ||||||
| 26 | causing harm to the
sports
official or coach occurred | ||||||
| |||||||
| |||||||
| 1 | within an athletic facility or within the immediate | ||||||
| 2 | vicinity
of the athletic facility at which the sports | ||||||
| 3 | official or coach was an active
participant
of the athletic | ||||||
| 4 | contest held at the athletic facility. For the purposes of
| ||||||
| 5 | this paragraph (11), "sports official" means a person at an | ||||||
| 6 | athletic contest
who enforces the rules of the contest, | ||||||
| 7 | such as an umpire or referee; "athletic facility" means an | ||||||
| 8 | indoor or outdoor playing field or recreational area where | ||||||
| 9 | sports activities are conducted;
and "coach" means a person | ||||||
| 10 | recognized as a coach by the sanctioning
authority that | ||||||
| 11 | conducted the sporting event. | ||||||
| 12 | (12) A person may not receive a disposition of court | ||||||
| 13 | supervision for a
violation of Section 5-16 of the Boat | ||||||
| 14 | Registration and Safety Act if that
person has previously | ||||||
| 15 | received a disposition of court supervision for a
violation | ||||||
| 16 | of that Section.
| ||||||
| 17 | (13) A person convicted of or placed on court | ||||||
| 18 | supervision for an assault or aggravated assault when the | ||||||
| 19 | victim and the offender are family or household members as | ||||||
| 20 | defined in Section 103 of the Illinois Domestic Violence | ||||||
| 21 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
| 22 | domestic battery may be required to attend a Partner Abuse | ||||||
| 23 | Intervention Program under protocols set forth by the | ||||||
| 24 | Illinois Department of Human Services under such terms and | ||||||
| 25 | conditions imposed by the court. The costs of such classes | ||||||
| 26 | shall be paid by the offender.
| ||||||
| |||||||
| |||||||
| 1 | (d) In any case in which a sentence originally imposed is | ||||||
| 2 | vacated,
the case shall be remanded to the trial court. The | ||||||
| 3 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
| 4 | Unified Code of Corrections
which may include evidence of the | ||||||
| 5 | defendant's life, moral character and
occupation during the | ||||||
| 6 | time since the original sentence was passed. The
trial court | ||||||
| 7 | shall then impose sentence upon the defendant. The trial
court | ||||||
| 8 | may impose any sentence which could have been imposed at the
| ||||||
| 9 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
| 10 | Corrections.
If a sentence is vacated on appeal or on | ||||||
| 11 | collateral attack due to the
failure of the trier of fact at | ||||||
| 12 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
| 13 | fact (other than a prior conviction) necessary to increase the
| ||||||
| 14 | punishment for the offense beyond the statutory maximum | ||||||
| 15 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
| 16 | to a term within the range otherwise
provided or, if the State | ||||||
| 17 | files notice of its intention to again seek the
extended | ||||||
| 18 | sentence, the defendant shall be afforded a new trial.
| ||||||
| 19 | (e) In cases where prosecution for
aggravated criminal | ||||||
| 20 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
| 21 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
| 22 | of a defendant
who was a family member of the victim at the | ||||||
| 23 | time of the commission of the
offense, the court shall consider | ||||||
| 24 | the safety and welfare of the victim and
may impose a sentence | ||||||
| 25 | of probation only where:
| ||||||
| 26 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
| |||||||
| |||||||
| 1 | (A) the defendant is willing to undergo a court | ||||||
| 2 | approved counseling
program for a minimum duration of 2 | ||||||
| 3 | years; or
| ||||||
| 4 | (B) the defendant is willing to participate in a | ||||||
| 5 | court approved plan
including but not limited to the | ||||||
| 6 | defendant's:
| ||||||
| 7 | (i) removal from the household;
| ||||||
| 8 | (ii) restricted contact with the victim;
| ||||||
| 9 | (iii) continued financial support of the | ||||||
| 10 | family;
| ||||||
| 11 | (iv) restitution for harm done to the victim; | ||||||
| 12 | and
| ||||||
| 13 | (v) compliance with any other measures that | ||||||
| 14 | the court may
deem appropriate; and
| ||||||
| 15 | (2) the court orders the defendant to pay for the | ||||||
| 16 | victim's counseling
services, to the extent that the court | ||||||
| 17 | finds, after considering the
defendant's income and | ||||||
| 18 | assets, that the defendant is financially capable of
paying | ||||||
| 19 | for such services, if the victim was under 18 years of age | ||||||
| 20 | at the
time the offense was committed and requires | ||||||
| 21 | counseling as a result of the
offense.
| ||||||
| 22 | Probation may be revoked or modified pursuant to Section | ||||||
| 23 | 5-6-4; except
where the court determines at the hearing that | ||||||
| 24 | the defendant violated a
condition of his or her probation | ||||||
| 25 | restricting contact with the victim or
other family members or | ||||||
| 26 | commits another offense with the victim or other
family | ||||||
| |||||||
| |||||||
| 1 | members, the court shall revoke the defendant's probation and
| ||||||
| 2 | impose a term of imprisonment.
| ||||||
| 3 | For the purposes of this Section, "family member" and | ||||||
| 4 | "victim" shall have
the meanings ascribed to them in Section | ||||||
| 5 | 11-0.1 of the Criminal Code of
2012.
| ||||||
| 6 | (f) (Blank).
| ||||||
| 7 | (g) Whenever a defendant is convicted of an offense under | ||||||
| 8 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
| 9 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
| 10 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
| 11 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
| 12 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
| 13 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
| 14 | testing to
determine whether the defendant has any sexually | ||||||
| 15 | transmissible disease,
including a test for infection with | ||||||
| 16 | human immunodeficiency virus (HIV) or
any other identified | ||||||
| 17 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
| 18 | Any such medical test shall be performed only by appropriately
| ||||||
| 19 | licensed medical practitioners and may include an analysis of | ||||||
| 20 | any bodily
fluids as well as an examination of the defendant's | ||||||
| 21 | person.
Except as otherwise provided by law, the results of | ||||||
| 22 | such test shall be kept
strictly confidential by all medical | ||||||
| 23 | personnel involved in the testing and must
be personally | ||||||
| 24 | delivered in a sealed envelope to the judge of the court in | ||||||
| 25 | which
the conviction was entered for the judge's inspection in | ||||||
| 26 | camera. Acting in
accordance with the best interests of the | ||||||
| |||||||
| |||||||
| 1 | victim and the public, the judge
shall have the discretion to | ||||||
| 2 | determine to whom, if anyone, the results of the
testing may be | ||||||
| 3 | revealed. The court shall notify the defendant
of the test | ||||||
| 4 | results. The court shall
also notify the victim if requested by | ||||||
| 5 | the victim, and if the victim is under
the age of 15 and if | ||||||
| 6 | requested by the victim's parents or legal guardian, the
court | ||||||
| 7 | shall notify the victim's parents or legal guardian of the test
| ||||||
| 8 | results.
The court shall provide information on the | ||||||
| 9 | availability of HIV testing
and counseling at Department of | ||||||
| 10 | Public Health facilities to all parties to
whom the results of | ||||||
| 11 | the testing are revealed and shall direct the State's
Attorney | ||||||
| 12 | to provide the information to the victim when possible.
A | ||||||
| 13 | State's Attorney may petition the court to obtain the results | ||||||
| 14 | of any HIV test
administered under this Section, and the court | ||||||
| 15 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
| 16 | relevant in order to prosecute a charge of
criminal | ||||||
| 17 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
| 18 | Criminal Code of 1961 or the Criminal Code of 2012
against the | ||||||
| 19 | defendant. The court shall order that the cost of any such test
| ||||||
| 20 | shall be paid by the county and may be taxed as costs against | ||||||
| 21 | the convicted
defendant.
| ||||||
| 22 | (g-5) When an inmate is tested for an airborne communicable | ||||||
| 23 | disease, as
determined by the Illinois Department of Public | ||||||
| 24 | Health including but not
limited to tuberculosis, the results | ||||||
| 25 | of the test shall be
personally delivered by the warden or his | ||||||
| 26 | or her designee in a sealed envelope
to the judge of the court | ||||||
| |||||||
| |||||||
| 1 | in which the inmate must appear for the judge's
inspection in | ||||||
| 2 | camera if requested by the judge. Acting in accordance with the
| ||||||
| 3 | best interests of those in the courtroom, the judge shall have | ||||||
| 4 | the discretion
to determine what if any precautions need to be | ||||||
| 5 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
| 6 | (h) Whenever a defendant is convicted of an offense under | ||||||
| 7 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
| 8 | defendant shall undergo
medical testing to determine whether | ||||||
| 9 | the defendant has been exposed to human
immunodeficiency virus | ||||||
| 10 | (HIV) or any other identified causative agent of
acquired | ||||||
| 11 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
| 12 | by
law, the results of such test shall be kept strictly | ||||||
| 13 | confidential by all
medical personnel involved in the testing | ||||||
| 14 | and must be personally delivered in a
sealed envelope to the | ||||||
| 15 | judge of the court in which the conviction was entered
for the | ||||||
| 16 | judge's inspection in camera. Acting in accordance with the | ||||||
| 17 | best
interests of the public, the judge shall have the | ||||||
| 18 | discretion to determine to
whom, if anyone, the results of the | ||||||
| 19 | testing may be revealed. The court shall
notify the defendant | ||||||
| 20 | of a positive test showing an infection with the human
| ||||||
| 21 | immunodeficiency virus (HIV). The court shall provide | ||||||
| 22 | information on the
availability of HIV testing and counseling | ||||||
| 23 | at Department of Public Health
facilities to all parties to | ||||||
| 24 | whom the results of the testing are revealed and
shall direct | ||||||
| 25 | the State's Attorney to provide the information to the victim | ||||||
| 26 | when
possible. A State's Attorney may petition the court to | ||||||
| |||||||
| |||||||
| 1 | obtain the results of
any HIV test administered under this | ||||||
| 2 | Section, and the court shall grant the
disclosure if the | ||||||
| 3 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
| 4 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
| 5 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
| 6 | 2012 against the defendant. The court shall order that the cost | ||||||
| 7 | of any
such test shall be paid by the county and may be taxed as | ||||||
| 8 | costs against the
convicted defendant.
| ||||||
| 9 | (i) All fines and penalties imposed under this Section for | ||||||
| 10 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
| 11 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
| 12 | any violation
of the Child Passenger Protection Act, or a | ||||||
| 13 | similar provision of a local
ordinance, shall be collected and | ||||||
| 14 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
| 15 | of the Clerks of Courts Act.
| ||||||
| 16 | (j) In cases when prosecution for any violation of Section | ||||||
| 17 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
| 18 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
| 19 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
| 20 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
| 21 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
| 22 | Code of 2012, any violation of the Illinois Controlled | ||||||
| 23 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
| 24 | any violation of the Methamphetamine Control and Community | ||||||
| 25 | Protection Act results in conviction, a
disposition of court | ||||||
| 26 | supervision, or an order of probation granted under
Section 10 | ||||||
| |||||||
| |||||||
| 1 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
| 2 | Controlled Substances Substance Act, or Section 70 of the | ||||||
| 3 | Methamphetamine Control and Community Protection Act of a | ||||||
| 4 | defendant, the court shall determine whether the
defendant is | ||||||
| 5 | employed by a facility or center as defined under the Child | ||||||
| 6 | Care
Act of 1969, a public or private elementary or secondary | ||||||
| 7 | school, or otherwise
works with children under 18 years of age | ||||||
| 8 | on a daily basis. When a defendant
is so employed, the court | ||||||
| 9 | shall order the Clerk of the Court to send a copy of
the | ||||||
| 10 | judgment of conviction or order of supervision or probation to | ||||||
| 11 | the
defendant's employer by certified mail.
If the employer of | ||||||
| 12 | the defendant is a school, the Clerk of the Court shall
direct | ||||||
| 13 | the mailing of a copy of the judgment of conviction or order of
| ||||||
| 14 | supervision or probation to the appropriate regional | ||||||
| 15 | superintendent of schools.
The regional superintendent of | ||||||
| 16 | schools shall notify the State Board of
Education of any | ||||||
| 17 | notification under this subsection.
| ||||||
| 18 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
| 19 | of a felony and
who has not been previously convicted of a | ||||||
| 20 | misdemeanor or felony and who is
sentenced to a term of | ||||||
| 21 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
| 22 | a condition of his or her sentence be required by the court to | ||||||
| 23 | attend
educational courses designed to prepare the defendant | ||||||
| 24 | for a high school diploma
and to work toward a high school | ||||||
| 25 | diploma or to work toward passing the high
school level Test of | ||||||
| 26 | General Educational Development (GED) or to work toward
| ||||||
| |||||||
| |||||||
| 1 | completing a vocational training program offered by the | ||||||
| 2 | Department of
Corrections. If a defendant fails to complete the | ||||||
| 3 | educational training
required by his or her sentence during the | ||||||
| 4 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
| 5 | condition of mandatory supervised release, require the
| ||||||
| 6 | defendant, at his or her own expense, to pursue a course of | ||||||
| 7 | study toward a high
school diploma or passage of the GED test. | ||||||
| 8 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
| 9 | release of a defendant who wilfully fails to
comply with this | ||||||
| 10 | subsection (j-5) upon his or her release from confinement in a
| ||||||
| 11 | penal institution while serving a mandatory supervised release | ||||||
| 12 | term; however,
the inability of the defendant after making a | ||||||
| 13 | good faith effort to obtain
financial aid or pay for the | ||||||
| 14 | educational training shall not be deemed a wilful
failure to | ||||||
| 15 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
| 16 | whose mandatory supervised release term has been revoked under | ||||||
| 17 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
| 18 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
| 19 | school diploma or has successfully passed the GED
test. This | ||||||
| 20 | subsection (j-5) does not apply to a defendant who is | ||||||
| 21 | determined by
the court to be developmentally disabled or | ||||||
| 22 | otherwise mentally incapable of
completing the educational or | ||||||
| 23 | vocational program.
| ||||||
| 24 | (k) (Blank).
| ||||||
| 25 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
| 26 | (l), whenever a defendant,
who is an alien as defined by | ||||||
| |||||||
| |||||||
| 1 | the Immigration and Nationality Act, is convicted
of any | ||||||
| 2 | felony or misdemeanor offense, the court after sentencing | ||||||
| 3 | the defendant
may, upon motion of the State's Attorney, | ||||||
| 4 | hold sentence in abeyance and remand
the defendant to the | ||||||
| 5 | custody of the Attorney General of
the United States or his | ||||||
| 6 | or her designated agent to be deported when:
| ||||||
| 7 | (1) a final order of deportation has been issued | ||||||
| 8 | against the defendant
pursuant to proceedings under | ||||||
| 9 | the Immigration and Nationality Act, and
| ||||||
| 10 | (2) the deportation of the defendant would not | ||||||
| 11 | deprecate the seriousness
of the defendant's conduct | ||||||
| 12 | and would not be inconsistent with the ends of
justice.
| ||||||
| 13 | Otherwise, the defendant shall be sentenced as | ||||||
| 14 | provided in this Chapter V.
| ||||||
| 15 | (B) If the defendant has already been sentenced for a | ||||||
| 16 | felony or
misdemeanor
offense, or has been placed on | ||||||
| 17 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
| 18 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
| 19 | Section 70 of the Methamphetamine Control and Community | ||||||
| 20 | Protection Act, the court
may, upon motion of the State's | ||||||
| 21 | Attorney to suspend the
sentence imposed, commit the | ||||||
| 22 | defendant to the custody of the Attorney General
of the | ||||||
| 23 | United States or his or her designated agent when:
| ||||||
| 24 | (1) a final order of deportation has been issued | ||||||
| 25 | against the defendant
pursuant to proceedings under | ||||||
| 26 | the Immigration and Nationality Act, and
| ||||||
| |||||||
| |||||||
| 1 | (2) the deportation of the defendant would not | ||||||
| 2 | deprecate the seriousness
of the defendant's conduct | ||||||
| 3 | and would not be inconsistent with the ends of
justice.
| ||||||
| 4 | (C) This subsection (l) does not apply to offenders who | ||||||
| 5 | are subject to the
provisions of paragraph (2) of | ||||||
| 6 | subsection (a) of Section 3-6-3.
| ||||||
| 7 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
| 8 | sentenced under
this Section returns to the jurisdiction of | ||||||
| 9 | the United States, the defendant
shall be recommitted to | ||||||
| 10 | the custody of the county from which he or she was
| ||||||
| 11 | sentenced.
Thereafter, the defendant shall be brought | ||||||
| 12 | before the sentencing court, which
may impose any sentence | ||||||
| 13 | that was available under Section 5-5-3 at the time of
| ||||||
| 14 | initial sentencing. In addition, the defendant shall not be | ||||||
| 15 | eligible for
additional sentence credit for good conduct as | ||||||
| 16 | provided under
Section 3-6-3.
| ||||||
| 17 | (m) A person convicted of criminal defacement of property | ||||||
| 18 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
| 19 | Criminal Code of 2012, in which the property damage exceeds | ||||||
| 20 | $300
and the property damaged is a school building, shall be | ||||||
| 21 | ordered to perform
community service that may include cleanup, | ||||||
| 22 | removal, or painting over the
defacement.
| ||||||
| 23 | (n) The court may sentence a person convicted of a | ||||||
| 24 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
| 25 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
| 26 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
| |||||||
| |||||||
| 1 | incarceration program if the person is otherwise eligible for | ||||||
| 2 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
| 3 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
| 4 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
| 5 | substance or alcohol abuse program licensed under that
Act. | ||||||
| 6 | (o) Whenever a person is convicted of a sex offense as | ||||||
| 7 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
| 8 | defendant's driver's license or permit shall be subject to | ||||||
| 9 | renewal on an annual basis in accordance with the provisions of | ||||||
| 10 | license renewal established by the Secretary of State.
| ||||||
| 11 | (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; | ||||||
| 12 | 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article | ||||||
| 13 | 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, | ||||||
| 14 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
| 15 | 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. | ||||||
| 16 | 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | ||||||
| 17 | eff. 1-25-13; revised 11-12-13.)
| ||||||
| 18 | (730 ILCS 5/5-5-3.2)
| ||||||
| 19 | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||||
| 20 | Sentencing.
| ||||||
| 21 | (a) The following factors shall be accorded weight in favor | ||||||
| 22 | of
imposing a term of imprisonment or may be considered by the | ||||||
| 23 | court as reasons
to impose a more severe sentence under Section | ||||||
| 24 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
| 25 | (1) the defendant's conduct caused or threatened | ||||||
| |||||||
| |||||||
| 1 | serious harm;
| ||||||
| 2 | (2) the defendant received compensation for committing | ||||||
| 3 | the offense;
| ||||||
| 4 | (3) the defendant has a history of prior delinquency or | ||||||
| 5 | criminal activity;
| ||||||
| 6 | (4) the defendant, by the duties of his office or by | ||||||
| 7 | his position,
was obliged to prevent the particular offense | ||||||
| 8 | committed or to bring
the offenders committing it to | ||||||
| 9 | justice;
| ||||||
| 10 | (5) the defendant held public office at the time of the | ||||||
| 11 | offense,
and the offense related to the conduct of that | ||||||
| 12 | office;
| ||||||
| 13 | (6) the defendant utilized his professional reputation | ||||||
| 14 | or
position in the community to commit the offense, or to | ||||||
| 15 | afford
him an easier means of committing it;
| ||||||
| 16 | (7) the sentence is necessary to deter others from | ||||||
| 17 | committing
the same crime;
| ||||||
| 18 | (8) the defendant committed the offense against a | ||||||
| 19 | person 60 years of age
or older or such person's property;
| ||||||
| 20 | (9) the defendant committed the offense against a | ||||||
| 21 | person who is
physically handicapped or such person's | ||||||
| 22 | property;
| ||||||
| 23 | (10) by reason of another individual's actual or | ||||||
| 24 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
| 25 | sexual orientation, physical or mental
disability, or | ||||||
| 26 | national origin, the defendant committed the offense | ||||||
| |||||||
| |||||||
| 1 | against (i)
the person or property
of that individual; (ii) | ||||||
| 2 | the person or property of a person who has an
association | ||||||
| 3 | with, is married to, or has a friendship with the other | ||||||
| 4 | individual;
or (iii) the person or property of a relative | ||||||
| 5 | (by blood or marriage) of a
person described in clause (i) | ||||||
| 6 | or (ii). For the purposes of this Section,
"sexual | ||||||
| 7 | orientation" means heterosexuality, homosexuality, or | ||||||
| 8 | bisexuality;
| ||||||
| 9 | (11) the offense took place in a place of worship or on | ||||||
| 10 | the
grounds of a place of worship, immediately prior to, | ||||||
| 11 | during or immediately
following worship services. For | ||||||
| 12 | purposes of this subparagraph, "place of
worship" shall | ||||||
| 13 | mean any church, synagogue or other building, structure or
| ||||||
| 14 | place used primarily for religious worship;
| ||||||
| 15 | (12) the defendant was convicted of a felony committed | ||||||
| 16 | while he was
released on bail or his own recognizance | ||||||
| 17 | pending trial for a prior felony
and was convicted of such | ||||||
| 18 | prior felony, or the defendant was convicted of a
felony | ||||||
| 19 | committed while he was serving a period of probation,
| ||||||
| 20 | conditional discharge, or mandatory supervised release | ||||||
| 21 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
| 22 | (13) the defendant committed or attempted to commit a | ||||||
| 23 | felony while he
was wearing a bulletproof vest. For the | ||||||
| 24 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
| 25 | device which is designed for the purpose of
protecting the | ||||||
| 26 | wearer from bullets, shot or other lethal projectiles;
| ||||||
| |||||||
| |||||||
| 1 | (14) the defendant held a position of trust or | ||||||
| 2 | supervision such as, but
not limited to, family member as | ||||||
| 3 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
| 4 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
| 5 | relation to a victim under 18 years of age, and the | ||||||
| 6 | defendant committed an
offense in violation of Section | ||||||
| 7 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
| 8 | 11-14.4 except for an offense that involves keeping a place | ||||||
| 9 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
| 10 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
| 11 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 12 | of 2012
against
that victim;
| ||||||
| 13 | (15) the defendant committed an offense related to the | ||||||
| 14 | activities of an
organized gang. For the purposes of this | ||||||
| 15 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
| 16 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
| 17 | Act;
| ||||||
| 18 | (16) the defendant committed an offense in violation of | ||||||
| 19 | one of the
following Sections while in a school, regardless | ||||||
| 20 | of the time of day or time of
year; on any conveyance | ||||||
| 21 | owned, leased, or contracted by a school to transport
| ||||||
| 22 | students to or from school or a school related activity; on | ||||||
| 23 | the real property
of a school; or on a public way within | ||||||
| 24 | 1,000 feet of the real property
comprising any school: | ||||||
| 25 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 26 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
| |||||||
| |||||||
| 1 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 2 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
| 3 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 4 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
| 5 | Criminal Code of 2012;
| ||||||
| 6 | (16.5) the defendant committed an offense in violation | ||||||
| 7 | of one of the
following Sections while in a day care | ||||||
| 8 | center, regardless of the time of day or
time of year; on | ||||||
| 9 | the real property of a day care center, regardless of the | ||||||
| 10 | time
of day or time of year; or on a public
way within | ||||||
| 11 | 1,000 feet of the real property comprising any day care | ||||||
| 12 | center,
regardless of the time of day or time of year:
| ||||||
| 13 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 14 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
| 15 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 16 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
| 17 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 18 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
| 19 | Criminal Code of 2012;
| ||||||
| 20 | (17) the defendant committed the offense by reason of | ||||||
| 21 | any person's
activity as a community policing volunteer or | ||||||
| 22 | to prevent any person from
engaging in activity as a | ||||||
| 23 | community policing volunteer. For the purpose of
this | ||||||
| 24 | Section, "community policing volunteer" has the meaning | ||||||
| 25 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
| 26 | 2012;
| ||||||
| |||||||
| |||||||
| 1 | (18) the defendant committed the offense in a nursing | ||||||
| 2 | home or on the
real
property comprising a nursing home. For | ||||||
| 3 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
| 4 | skilled nursing
or intermediate long term care facility | ||||||
| 5 | that is subject to license by the
Illinois Department of | ||||||
| 6 | Public Health under the Nursing Home Care
Act, the | ||||||
| 7 | Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
| 8 | the ID/DD Community Care Act;
| ||||||
| 9 | (19) the defendant was a federally licensed firearm | ||||||
| 10 | dealer
and
was
previously convicted of a violation of | ||||||
| 11 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
| 12 | Identification Card Act and has now committed either a | ||||||
| 13 | felony
violation
of the Firearm Owners Identification Card | ||||||
| 14 | Act or an act of armed violence while
armed
with a firearm; | ||||||
| 15 | (20) the defendant (i) committed the offense of | ||||||
| 16 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
| 17 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
| 18 | under the influence of alcohol, other drug or
drugs, | ||||||
| 19 | intoxicating compound or compounds or any combination | ||||||
| 20 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
| 21 | or a similar provision of a local ordinance and (ii) was | ||||||
| 22 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 23 | over the posted speed limit as provided in Article VI of | ||||||
| 24 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
| 25 | (21) the defendant (i) committed the offense of | ||||||
| 26 | reckless driving or aggravated reckless driving under | ||||||
| |||||||
| |||||||
| 1 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
| 2 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 3 | over the posted speed limit as provided in Article VI of | ||||||
| 4 | Chapter 11 of the Illinois Vehicle Code; | ||||||
| 5 | (22) the defendant committed the offense against a | ||||||
| 6 | person that the defendant knew, or reasonably should have | ||||||
| 7 | known, was a member of the Armed Forces of the United | ||||||
| 8 | States serving on active duty. For purposes of this clause | ||||||
| 9 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
| 10 | of the United States, including a member of any reserve | ||||||
| 11 | component thereof or National Guard unit called to active | ||||||
| 12 | duty;
| ||||||
| 13 | (23)
the defendant committed the offense against a | ||||||
| 14 | person who was elderly, disabled, or infirm by taking | ||||||
| 15 | advantage of a family or fiduciary relationship with the | ||||||
| 16 | elderly, disabled, or infirm person;
| ||||||
| 17 | (24)
the defendant committed any offense under Section | ||||||
| 18 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 19 | of 2012 and possessed 100 or more images;
| ||||||
| 20 | (25) the defendant committed the offense while the | ||||||
| 21 | defendant or the victim was in a train, bus, or other | ||||||
| 22 | vehicle used for public transportation; | ||||||
| 23 | (26) the defendant committed the offense of child | ||||||
| 24 | pornography or aggravated child pornography, specifically | ||||||
| 25 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
| 26 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
| |||||||
| |||||||
| 1 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
| 2 | solicited for, depicted in, or posed in any act of sexual | ||||||
| 3 | penetration or bound, fettered, or subject to sadistic, | ||||||
| 4 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
| 5 | and specifically including paragraph (1), (2), (3), (4), | ||||||
| 6 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
| 7 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
| 8 | engaged in, solicited for, depicted in, or posed in any act | ||||||
| 9 | of sexual penetration or bound, fettered, or subject to | ||||||
| 10 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
| 11 | sexual context; | ||||||
| 12 | (27) the defendant committed the offense of first | ||||||
| 13 | degree murder, assault, aggravated assault, battery, | ||||||
| 14 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
| 15 | robbery against a person who was a veteran and the | ||||||
| 16 | defendant knew, or reasonably should have known, that the | ||||||
| 17 | person was a veteran performing duties as a representative | ||||||
| 18 | of a veterans' organization. For the purposes of this | ||||||
| 19 | paragraph (27), "veteran" means an Illinois resident who | ||||||
| 20 | has served as a member of the United States Armed Forces, a | ||||||
| 21 | member of the Illinois National Guard, or a member of the | ||||||
| 22 | United States Reserve Forces; and "veterans' organization" | ||||||
| 23 | means an organization comprised of members of
which | ||||||
| 24 | substantially all are individuals who are veterans or | ||||||
| 25 | spouses,
widows, or widowers of veterans, the primary | ||||||
| 26 | purpose of which is to
promote the welfare of its members | ||||||
| |||||||
| |||||||
| 1 | and to provide assistance to the general
public in such a | ||||||
| 2 | way as to confer a public benefit; or | ||||||
| 3 | (28) the defendant committed the offense of assault, | ||||||
| 4 | aggravated assault, battery, aggravated battery, robbery, | ||||||
| 5 | armed robbery, or aggravated robbery against a person that | ||||||
| 6 | the defendant knew or reasonably should have known was a | ||||||
| 7 | letter carrier or postal worker while that person was | ||||||
| 8 | performing his or her duties delivering mail for the United | ||||||
| 9 | States Postal Service. | ||||||
| 10 | For the purposes of this Section:
| ||||||
| 11 | "School" is defined as a public or private
elementary or | ||||||
| 12 | secondary school, community college, college, or university.
| ||||||
| 13 | "Day care center" means a public or private State certified | ||||||
| 14 | and
licensed day care center as defined in Section 2.09 of the | ||||||
| 15 | Child Care Act of
1969 that displays a sign in plain view | ||||||
| 16 | stating that the
property is a day care center.
| ||||||
| 17 | "Public transportation" means the transportation
or | ||||||
| 18 | conveyance of persons by means available to the general public, | ||||||
| 19 | and includes paratransit services. | ||||||
| 20 | (b) The following factors, related to all felonies, may be | ||||||
| 21 | considered by the court as
reasons to impose an extended term | ||||||
| 22 | sentence under Section 5-8-2
upon any offender:
| ||||||
| 23 | (1) When a defendant is convicted of any felony, after | ||||||
| 24 | having
been previously convicted in Illinois or any other | ||||||
| 25 | jurisdiction of the
same or similar class felony or greater | ||||||
| 26 | class felony, when such conviction
has occurred within 10 | ||||||
| |||||||
| |||||||
| 1 | years after the
previous conviction, excluding time spent | ||||||
| 2 | in custody, and such charges are
separately brought and | ||||||
| 3 | tried and arise out of different series of acts; or
| ||||||
| 4 | (2) When a defendant is convicted of any felony and the | ||||||
| 5 | court
finds that the offense was accompanied by | ||||||
| 6 | exceptionally brutal
or heinous behavior indicative of | ||||||
| 7 | wanton cruelty; or
| ||||||
| 8 | (3) When a defendant is convicted of any felony | ||||||
| 9 | committed against:
| ||||||
| 10 | (i) a person under 12 years of age at the time of | ||||||
| 11 | the offense or such
person's property;
| ||||||
| 12 | (ii) a person 60 years of age or older at the time | ||||||
| 13 | of the offense or
such person's property; or
| ||||||
| 14 | (iii) a person physically handicapped at the time | ||||||
| 15 | of the offense or
such person's property; or
| ||||||
| 16 | (4) When a defendant is convicted of any felony and the | ||||||
| 17 | offense
involved any of the following types of specific | ||||||
| 18 | misconduct committed as
part of a ceremony, rite, | ||||||
| 19 | initiation, observance, performance, practice or
activity | ||||||
| 20 | of any actual or ostensible religious, fraternal, or social | ||||||
| 21 | group:
| ||||||
| 22 | (i) the brutalizing or torturing of humans or | ||||||
| 23 | animals;
| ||||||
| 24 | (ii) the theft of human corpses;
| ||||||
| 25 | (iii) the kidnapping of humans;
| ||||||
| 26 | (iv) the desecration of any cemetery, religious, | ||||||
| |||||||
| |||||||
| 1 | fraternal, business,
governmental, educational, or | ||||||
| 2 | other building or property; or
| ||||||
| 3 | (v) ritualized abuse of a child; or
| ||||||
| 4 | (5) When a defendant is convicted of a felony other | ||||||
| 5 | than conspiracy and
the court finds that
the felony was | ||||||
| 6 | committed under an agreement with 2 or more other persons
| ||||||
| 7 | to commit that offense and the defendant, with respect to | ||||||
| 8 | the other
individuals, occupied a position of organizer, | ||||||
| 9 | supervisor, financier, or any
other position of management | ||||||
| 10 | or leadership, and the court further finds that
the felony | ||||||
| 11 | committed was related to or in furtherance of the criminal
| ||||||
| 12 | activities of an organized gang or was motivated by the | ||||||
| 13 | defendant's leadership
in an organized gang; or
| ||||||
| 14 | (6) When a defendant is convicted of an offense | ||||||
| 15 | committed while using a firearm with a
laser sight attached | ||||||
| 16 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
| 17 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
| 18 | Code of
2012; or
| ||||||
| 19 | (7) When a defendant who was at least 17 years of age | ||||||
| 20 | at the
time of
the commission of the offense is convicted | ||||||
| 21 | of a felony and has been previously
adjudicated a | ||||||
| 22 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
| 23 | an act
that if committed by an adult would be a Class X or | ||||||
| 24 | Class 1 felony when the
conviction has occurred within 10 | ||||||
| 25 | years after the previous adjudication,
excluding time | ||||||
| 26 | spent in custody; or
| ||||||
| |||||||
| |||||||
| 1 | (8) When a defendant commits any felony and the | ||||||
| 2 | defendant used, possessed, exercised control over, or | ||||||
| 3 | otherwise directed an animal to assault a law enforcement | ||||||
| 4 | officer engaged in the execution of his or her official | ||||||
| 5 | duties or in furtherance of the criminal activities of an | ||||||
| 6 | organized gang in which the defendant is engaged; or
| ||||||
| 7 | (9) When a defendant commits any felony and the | ||||||
| 8 | defendant knowingly video or audio records the offense with | ||||||
| 9 | the intent to disseminate the recording. | ||||||
| 10 | (c) The following factors may be considered by the court as | ||||||
| 11 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
| 12 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
| 13 | (1) When a defendant is convicted of first degree | ||||||
| 14 | murder, after having been previously convicted in Illinois | ||||||
| 15 | of any offense listed under paragraph (c)(2) of Section | ||||||
| 16 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
| 17 | within 10 years after the previous conviction, excluding | ||||||
| 18 | time spent in custody, and the charges are separately | ||||||
| 19 | brought and tried and arise out of different series of | ||||||
| 20 | acts. | ||||||
| 21 | (1.5) When a defendant is convicted of first degree | ||||||
| 22 | murder, after having been previously convicted of domestic | ||||||
| 23 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
| 24 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
| 25 | having been previously convicted of violation of an order | ||||||
| 26 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
| |||||||
| |||||||
| 1 | was the protected person. | ||||||
| 2 | (2) When a defendant is convicted of voluntary | ||||||
| 3 | manslaughter, second degree murder, involuntary | ||||||
| 4 | manslaughter, or reckless homicide in which the defendant | ||||||
| 5 | has been convicted of causing the death of more than one | ||||||
| 6 | individual. | ||||||
| 7 | (3) When a defendant is convicted of aggravated | ||||||
| 8 | criminal sexual assault or criminal sexual assault, when | ||||||
| 9 | there is a finding that aggravated criminal sexual assault | ||||||
| 10 | or criminal sexual assault was also committed on the same | ||||||
| 11 | victim by one or more other individuals, and the defendant | ||||||
| 12 | voluntarily participated in the crime with the knowledge of | ||||||
| 13 | the participation of the others in the crime, and the | ||||||
| 14 | commission of the crime was part of a single course of | ||||||
| 15 | conduct during which there was no substantial change in the | ||||||
| 16 | nature of the criminal objective. | ||||||
| 17 | (4) If the victim was under 18 years of age at the time | ||||||
| 18 | of the commission of the offense, when a defendant is | ||||||
| 19 | convicted of aggravated criminal sexual assault or | ||||||
| 20 | predatory criminal sexual assault of a child under | ||||||
| 21 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
| 22 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
| 23 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
| 24 | (5) When a defendant is convicted of a felony violation | ||||||
| 25 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 26 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
| |||||||
| |||||||
| 1 | finding that the defendant is a member of an organized | ||||||
| 2 | gang. | ||||||
| 3 | (6) When a defendant was convicted of unlawful use of | ||||||
| 4 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
| 5 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
| 6 | a weapon that is not readily distinguishable as one of the | ||||||
| 7 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
| 8 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
| 9 | (7) When a defendant is convicted of an offense | ||||||
| 10 | involving the illegal manufacture of a controlled | ||||||
| 11 | substance under Section 401 of the Illinois Controlled | ||||||
| 12 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
| 13 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
| 14 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
| 15 | the illegal possession of explosives and an emergency | ||||||
| 16 | response officer in the performance of his or her duties is | ||||||
| 17 | killed or injured at the scene of the offense while | ||||||
| 18 | responding to the emergency caused by the commission of the | ||||||
| 19 | offense. In this paragraph, "emergency" means a situation | ||||||
| 20 | in which a person's life, health, or safety is in jeopardy; | ||||||
| 21 | and "emergency response officer" means a peace officer, | ||||||
| 22 | community policing volunteer, fireman, emergency medical | ||||||
| 23 | technician-ambulance, emergency medical | ||||||
| 24 | technician-intermediate, emergency medical | ||||||
| 25 | technician-paramedic, ambulance driver, other medical | ||||||
| 26 | assistance or first aid personnel, or hospital emergency | ||||||
| |||||||
| |||||||
| 1 | room personnel.
| ||||||
| 2 | (8) When the defendant is convicted of attempted mob | ||||||
| 3 | action, solicitation to commit mob action, or conspiracy to | ||||||
| 4 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
| 5 | Criminal Code of 2012, where the criminal object is a | ||||||
| 6 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
| 7 | an electronic communication is used in the commission of | ||||||
| 8 | the offense. For the purposes of this paragraph (8), | ||||||
| 9 | "electronic communication" shall have the meaning provided | ||||||
| 10 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
| 11 | (d) For the purposes of this Section, "organized gang" has | ||||||
| 12 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
| 13 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
| 14 | (e) The court may impose an extended term sentence under | ||||||
| 15 | Article 4.5 of Chapter V upon an offender who has been | ||||||
| 16 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
| 17 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
| 18 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 19 | when the victim of the offense is under 18 years of age at the | ||||||
| 20 | time of the commission of the offense and, during the | ||||||
| 21 | commission of the offense, the victim was under the influence | ||||||
| 22 | of alcohol, regardless of whether or not the alcohol was | ||||||
| 23 | supplied by the offender; and the offender, at the time of the | ||||||
| 24 | commission of the offense, knew or should have known that the | ||||||
| 25 | victim had consumed alcohol. | ||||||
| 26 | (Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333, | ||||||
| |||||||
| |||||||
| 1 | eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13; | ||||||
| 2 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff. | ||||||
| 3 | 1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; revised | ||||||
| 4 | 9-24-13.)
| ||||||
| 5 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||||||
| 6 | Sec. 5-5-5. Loss and Restoration of Rights.
| ||||||
| 7 | (a) Conviction and disposition shall not entail the loss by | ||||||
| 8 | the
defendant of any civil rights, except under this Section | ||||||
| 9 | and Sections 29-6
and 29-10 of The Election Code, as now or | ||||||
| 10 | hereafter amended.
| ||||||
| 11 | (b) A person convicted of a felony shall be ineligible to | ||||||
| 12 | hold an office
created by the Constitution of this State until | ||||||
| 13 | the completion of his sentence.
| ||||||
| 14 | (c) A person sentenced to imprisonment shall lose his right | ||||||
| 15 | to vote
until released from imprisonment.
| ||||||
| 16 | (d) On completion of sentence of imprisonment or upon | ||||||
| 17 | discharge from
probation, conditional discharge or periodic | ||||||
| 18 | imprisonment, or at any time
thereafter, all license rights and | ||||||
| 19 | privileges
granted under the authority of this State which have | ||||||
| 20 | been revoked or
suspended because of conviction of an offense | ||||||
| 21 | shall be restored unless the
authority having jurisdiction of | ||||||
| 22 | such license rights finds after
investigation and hearing that | ||||||
| 23 | restoration is not in the public interest.
This paragraph (d) | ||||||
| 24 | shall not apply to the suspension or revocation of a
license to | ||||||
| 25 | operate a motor vehicle under the Illinois Vehicle Code.
| ||||||
| |||||||
| |||||||
| 1 | (e) Upon a person's discharge from incarceration or parole, | ||||||
| 2 | or upon a
person's discharge from probation or at any time | ||||||
| 3 | thereafter, the committing
court may enter an order certifying | ||||||
| 4 | that the sentence has been
satisfactorily completed when the | ||||||
| 5 | court believes it would assist in the
rehabilitation of the | ||||||
| 6 | person and be consistent with the public welfare.
Such order | ||||||
| 7 | may be entered upon the motion of the defendant or the State or
| ||||||
| 8 | upon the court's own motion.
| ||||||
| 9 | (f) Upon entry of the order, the court shall issue to the | ||||||
| 10 | person in
whose favor the order has been entered a certificate | ||||||
| 11 | stating that his
behavior after conviction has warranted the | ||||||
| 12 | issuance of the order.
| ||||||
| 13 | (g) This Section shall not affect the right of a defendant | ||||||
| 14 | to
collaterally attack his conviction or to rely on it in bar | ||||||
| 15 | of subsequent
proceedings for the same offense.
| ||||||
| 16 | (h) No application for any license specified in subsection | ||||||
| 17 | (i) of this
Section granted under the
authority of this State | ||||||
| 18 | shall be denied by reason of an eligible offender who
has | ||||||
| 19 | obtained a certificate of relief from disabilities, as
defined | ||||||
| 20 | in Article 5.5 of this Chapter, having been previously | ||||||
| 21 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
| 22 | finding of lack of "good moral
character" when the finding is | ||||||
| 23 | based upon the fact that the applicant has
previously been | ||||||
| 24 | convicted of one or more criminal offenses, unless:
| ||||||
| 25 | (1) there is a direct relationship between one or more | ||||||
| 26 | of the previous
criminal offenses and the specific license | ||||||
| |||||||
| |||||||
| 1 | sought; or
| ||||||
| 2 | (2) the issuance of the license would
involve an | ||||||
| 3 | unreasonable risk to property or to the safety or welfare | ||||||
| 4 | of
specific individuals or the general public.
| ||||||
| 5 | In making such a determination, the licensing agency shall | ||||||
| 6 | consider the
following factors:
| ||||||
| 7 | (1) the public policy of this State, as expressed in | ||||||
| 8 | Article 5.5 of this
Chapter, to encourage the licensure and | ||||||
| 9 | employment of persons previously
convicted of one or more | ||||||
| 10 | criminal offenses;
| ||||||
| 11 | (2) the specific duties and responsibilities | ||||||
| 12 | necessarily related to the
license being sought;
| ||||||
| 13 | (3) the bearing, if any, the criminal offenses or | ||||||
| 14 | offenses for which the
person
was previously convicted will | ||||||
| 15 | have on his or her fitness or ability to perform
one or
| ||||||
| 16 | more such duties and responsibilities;
| ||||||
| 17 | (4) the time which has elapsed since the occurrence of | ||||||
| 18 | the criminal
offense or offenses;
| ||||||
| 19 | (5) the age of the person at the time of occurrence of | ||||||
| 20 | the criminal
offense or offenses;
| ||||||
| 21 | (6) the seriousness of the offense or offenses;
| ||||||
| 22 | (7) any information produced by the person or produced | ||||||
| 23 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
| 24 | and good conduct, including a certificate
of relief from | ||||||
| 25 | disabilities issued to the applicant, which certificate | ||||||
| 26 | shall
create a presumption of rehabilitation in regard to | ||||||
| |||||||
| |||||||
| 1 | the offense or offenses
specified in the certificate; and
| ||||||
| 2 | (8) the legitimate interest of the licensing agency in | ||||||
| 3 | protecting
property, and
the safety and welfare of specific | ||||||
| 4 | individuals or the general public.
| ||||||
| 5 | (i) A certificate of relief from disabilities shall be | ||||||
| 6 | issued only
for a
license or certification issued under the | ||||||
| 7 | following Acts:
| ||||||
| 8 | (1) the Animal Welfare Act; except that a certificate | ||||||
| 9 | of relief from
disabilities may not be granted
to provide | ||||||
| 10 | for
the
issuance or restoration of a license under the | ||||||
| 11 | Animal Welfare Act for any
person convicted of violating | ||||||
| 12 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
| 13 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
| 14 | Criminal Code of
1961 or the Criminal Code of 2012;
| ||||||
| 15 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
| 16 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
| 17 | and Nail Technology Act of 1985;
| ||||||
| 18 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
| 19 | Act;
| ||||||
| 20 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
| 21 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
| 22 | 1984;
| ||||||
| 23 | (7) the Illinois Farm Labor Contractor Certification | ||||||
| 24 | Act;
| ||||||
| 25 | (8) the Interior Design Title Act;
| ||||||
| 26 | (9) the Illinois Professional Land Surveyor Act of | ||||||
| |||||||
| |||||||
| 1 | 1989;
| ||||||
| 2 | (10) the Illinois Landscape Architecture Act of 1989;
| ||||||
| 3 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
| 4 | (12) the Private Employment Agency Act;
| ||||||
| 5 | (13) the Professional Counselor and Clinical | ||||||
| 6 | Professional Counselor
Licensing and Practice
Act;
| ||||||
| 7 | (14) the Real Estate License Act of 2000;
| ||||||
| 8 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
| 9 | (16) the Professional Engineering Practice Act of | ||||||
| 10 | 1989; | ||||||
| 11 | (17) the Water Well and Pump Installation Contractor's | ||||||
| 12 | License Act; | ||||||
| 13 | (18) the Electrologist Licensing Act;
| ||||||
| 14 | (19) the Auction License Act; | ||||||
| 15 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
| 16 | (21) the Dietitian Nutritionist Practice Act; | ||||||
| 17 | (22) the Environmental Health Practitioner Licensing | ||||||
| 18 | Act; | ||||||
| 19 | (23) the Funeral Directors and Embalmers Licensing | ||||||
| 20 | Code; | ||||||
| 21 | (24) the Land Sales Registration Act of 1999; | ||||||
| 22 | (25) the Professional Geologist Licensing Act; | ||||||
| 23 | (26) the Illinois Public Accounting Act; and | ||||||
| 24 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
| 25 | (Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11; | ||||||
| 26 | 97-706, eff. 6-25-12; 97-1108, eff. 1-1-13; 97-1141, eff. | ||||||
| |||||||
| |||||||
| 1 | 12-28-12; 97-1150, eff. 1-25-13; revised 2-22-13.)
| ||||||
| 2 | (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
| ||||||
| 3 | Sec. 5-8A-3. Application.
| ||||||
| 4 | (a) Except as provided in subsection (d), a person charged | ||||||
| 5 | with
or convicted of an
excluded offense may not be placed in | ||||||
| 6 | an electronic home
detention program, except for bond pending | ||||||
| 7 | trial or appeal or while on parole, aftercare release,
or | ||||||
| 8 | mandatory supervised release.
| ||||||
| 9 | (b) A person serving a sentence for a conviction of a Class | ||||||
| 10 | 1 felony,
other than an excluded offense, may be placed in an | ||||||
| 11 | electronic home detention
program for a period not to exceed | ||||||
| 12 | the last 90 days of incarceration.
| ||||||
| 13 | (c) A person serving a sentence for a conviction
of a Class | ||||||
| 14 | X felony, other than an excluded offense, may be placed
in an | ||||||
| 15 | electronic home detention program for a period not to exceed | ||||||
| 16 | the last 90
days of incarceration, provided that the person was | ||||||
| 17 | sentenced on or after the
effective date of this amendatory Act | ||||||
| 18 | of 1993 and provided that the court has
not prohibited the | ||||||
| 19 | program for the person in the sentencing order.
| ||||||
| 20 | (d) A person serving a sentence for conviction of an | ||||||
| 21 | offense other than
for predatory criminal sexual assault of a | ||||||
| 22 | child, aggravated criminal
sexual assault, criminal sexual | ||||||
| 23 | assault, aggravated
criminal sexual abuse, or felony criminal | ||||||
| 24 | sexual abuse, may be placed in an
electronic home detention | ||||||
| 25 | program for a period not to exceed the last 12 months
of | ||||||
| |||||||
| |||||||
| 1 | incarceration, provided that (i) the person is 55 years of age | ||||||
| 2 | or older;
(ii) the person is serving a determinate sentence; | ||||||
| 3 | (iii) the person has served
at least 25% of the sentenced | ||||||
| 4 | prison term; and (iv) placement in an electronic
home detention | ||||||
| 5 | program is approved by the Prisoner Review Board.
| ||||||
| 6 | (e) A person serving a sentence for conviction
of a Class | ||||||
| 7 | 2, 3 or 4 felony offense which is not an excluded offense may | ||||||
| 8 | be
placed in an
electronic home detention program pursuant to | ||||||
| 9 | Department administrative
directives.
| ||||||
| 10 | (f) Applications for electronic home detention
may include | ||||||
| 11 | the following:
| ||||||
| 12 | (1) pretrial or pre-adjudicatory detention;
| ||||||
| 13 | (2) probation;
| ||||||
| 14 | (3) conditional discharge;
| ||||||
| 15 | (4) periodic imprisonment;
| ||||||
| 16 | (5) parole, aftercare release, or mandatory supervised | ||||||
| 17 | release;
| ||||||
| 18 | (6) work release;
| ||||||
| 19 | (7) furlough; or
| ||||||
| 20 | (8) post-trial incarceration.
| ||||||
| 21 | (g) A person convicted of an offense described in clause | ||||||
| 22 | (4) or (5) of
subsection (d) of Section 5-8-1 of this Code | ||||||
| 23 | shall be placed in an electronic
home detention program for at | ||||||
| 24 | least the first 2 years of the person's mandatory
supervised | ||||||
| 25 | release term.
| ||||||
| 26 | (Source: P.A. 98-558, eff. 1-1-14; revised 11-12-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 725. The Code of Civil Procedure is amended by | ||||||
| 2 | changing Sections 8-2001, 8-2005, 11-106, and 13-110 as | ||||||
| 3 | follows:
| ||||||
| 4 | (735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
| ||||||
| 5 | Sec. 8-2001. Examination of health care records.
| ||||||
| 6 | (a) In this Section: | ||||||
| 7 | "Health care facility" or "facility" means a public or
| ||||||
| 8 | private hospital, ambulatory surgical treatment center, | ||||||
| 9 | nursing home,
independent practice association, or physician | ||||||
| 10 | hospital organization, or any
other entity where health care | ||||||
| 11 | services are provided to any person. The term
does not include | ||||||
| 12 | a health care practitioner.
| ||||||
| 13 | "Health care practitioner" means any health care | ||||||
| 14 | practitioner, including a physician, dentist, podiatric | ||||||
| 15 | physician, advanced practice nurse, physician assistant, | ||||||
| 16 | clinical psychologist, or clinical social worker. The term | ||||||
| 17 | includes a medical office, health care clinic, health | ||||||
| 18 | department, group practice, and any other organizational | ||||||
| 19 | structure for a licensed professional to provide health care | ||||||
| 20 | services. The term does not include a health care facility.
| ||||||
| 21 | (b) Every private and public health care facility shall, | ||||||
| 22 | upon the request of any
patient who has been treated in such | ||||||
| 23 | health care facility, or any person, entity, or organization | ||||||
| 24 | presenting a valid authorization for the release of records | ||||||
| |||||||
| |||||||
| 1 | signed by the patient or the patient's legally authorized | ||||||
| 2 | representative, or as authorized by Section 8-2001.5, permit | ||||||
| 3 | the patient,
his or her health care practitioner,
authorized | ||||||
| 4 | attorney, or any person, entity, or organization presenting a | ||||||
| 5 | valid authorization for the release of records signed by the | ||||||
| 6 | patient or the patient's legally authorized representative to | ||||||
| 7 | examine the health care facility
patient care records,
| ||||||
| 8 | including but not limited to the history, bedside notes, | ||||||
| 9 | charts, pictures
and plates, kept in connection with the | ||||||
| 10 | treatment of such patient, and
permit copies of such records to | ||||||
| 11 | be made by him or her or his or her
health care practitioner or | ||||||
| 12 | authorized attorney. | ||||||
| 13 | (c) Every health care practitioner shall, upon the request | ||||||
| 14 | of any patient who has been treated by the health care | ||||||
| 15 | practitioner, or any person, entity, or organization | ||||||
| 16 | presenting a valid authorization for the release of records | ||||||
| 17 | signed by the patient or the patient's legally authorized | ||||||
| 18 | representative, permit the patient and the patient's health | ||||||
| 19 | care practitioner or authorized attorney, or any person, | ||||||
| 20 | entity, or organization presenting a valid authorization for | ||||||
| 21 | the release of records signed by the patient or the patient's | ||||||
| 22 | legally authorized representative, to examine and copy the | ||||||
| 23 | patient's records, including but not limited to those relating | ||||||
| 24 | to the diagnosis, treatment, prognosis, history, charts, | ||||||
| 25 | pictures and plates, kept in connection with the treatment of | ||||||
| 26 | such patient. | ||||||
| |||||||
| |||||||
| 1 | (d) A request for copies of the records shall
be in writing | ||||||
| 2 | and shall be delivered to the administrator or manager of
such | ||||||
| 3 | health care facility or to the health care practitioner. The
| ||||||
| 4 | person (including patients, health care practitioners and | ||||||
| 5 | attorneys)
requesting copies of records shall reimburse the | ||||||
| 6 | facility or the health care practitioner at the time of such | ||||||
| 7 | copying for all
reasonable expenses, including the costs of | ||||||
| 8 | independent copy service companies,
incurred in connection | ||||||
| 9 | with such copying not to
exceed a $20 handling charge for | ||||||
| 10 | processing the
request and the actual postage or shipping | ||||||
| 11 | charge, if any, plus: (1) for paper copies
75 cents per page | ||||||
| 12 | for the first through 25th pages, 50
cents per page for the | ||||||
| 13 | 26th through 50th pages, and 25 cents per page for all
pages in | ||||||
| 14 | excess of 50 (except that the charge shall not exceed $1.25 per | ||||||
| 15 | page
for any copies made from microfiche or microfilm; records | ||||||
| 16 | retrieved from scanning, digital imaging, electronic | ||||||
| 17 | information or other digital format do not qualify as | ||||||
| 18 | microfiche or microfilm retrieval for purposes of calculating | ||||||
| 19 | charges); and (2) for electronic records, retrieved from a | ||||||
| 20 | scanning, digital imaging, electronic information or other | ||||||
| 21 | digital format in an a electronic document, a charge of 50% of | ||||||
| 22 | the per page charge for paper copies under subdivision (d)(1). | ||||||
| 23 | This per page charge includes the cost of each CD Rom, DVD, or | ||||||
| 24 | other storage media. Records already maintained in an | ||||||
| 25 | electronic or digital format shall be provided in an electronic | ||||||
| 26 | format when so requested.
If the records system does not allow | ||||||
| |||||||
| |||||||
| 1 | for the creation or transmission of an electronic or digital | ||||||
| 2 | record, then the facility or practitioner shall inform the | ||||||
| 3 | requester in writing of the reason the records can not be | ||||||
| 4 | provided electronically. The written explanation may be | ||||||
| 5 | included with the production of paper copies, if the requester | ||||||
| 6 | chooses to order paper copies. These rates shall be | ||||||
| 7 | automatically adjusted as set forth in Section 8-2006.
The | ||||||
| 8 | facility or health care practitioner may, however, charge for | ||||||
| 9 | the
reasonable cost of all duplication of
record material or | ||||||
| 10 | information that cannot routinely be copied or duplicated on
a | ||||||
| 11 | standard commercial photocopy machine such as x-ray films or | ||||||
| 12 | pictures.
| ||||||
| 13 | (d-5) The handling fee shall not be collected from the | ||||||
| 14 | patient or the patient's personal representative who obtains | ||||||
| 15 | copies of records under Section 8-2001.5. | ||||||
| 16 | (e) The requirements of this Section shall be satisfied | ||||||
| 17 | within 30 days of the
receipt of a written request by a patient | ||||||
| 18 | or by his or her legally authorized
representative, health care | ||||||
| 19 | practitioner,
authorized attorney, or any person, entity, or | ||||||
| 20 | organization presenting a valid authorization for the release | ||||||
| 21 | of records signed by the patient or the patient's legally | ||||||
| 22 | authorized representative. If the facility
or health care | ||||||
| 23 | practitioner needs more time to comply with the request, then | ||||||
| 24 | within 30 days after receiving
the request, the facility or | ||||||
| 25 | health care practitioner must provide the requesting party with | ||||||
| 26 | a written
statement of the reasons for the delay and the date | ||||||
| |||||||
| |||||||
| 1 | by which the requested
information will be provided. In any | ||||||
| 2 | event, the facility or health care practitioner must provide | ||||||
| 3 | the
requested information no later than 60 days after receiving | ||||||
| 4 | the request.
| ||||||
| 5 | (f) A health care facility or health care practitioner must | ||||||
| 6 | provide the public with at least 30 days prior
notice of the | ||||||
| 7 | closure of the facility or the health care practitioner's | ||||||
| 8 | practice. The notice must include an explanation
of how copies | ||||||
| 9 | of the facility's records may be accessed by patients. The
| ||||||
| 10 | notice may be given by publication in a newspaper of general | ||||||
| 11 | circulation in the
area in which the health care facility or | ||||||
| 12 | health care practitioner is located.
| ||||||
| 13 | (g) Failure to comply with the time limit requirement of | ||||||
| 14 | this Section shall
subject the denying party to expenses and | ||||||
| 15 | reasonable attorneys' fees
incurred in connection with any | ||||||
| 16 | court ordered enforcement of the provisions
of this Section.
| ||||||
| 17 | (Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12; | ||||||
| 18 | 98-214, eff. 8-9-13; revised 11-22-13.)
| ||||||
| 19 | (735 ILCS 5/8-2005)
| ||||||
| 20 | Sec. 8-2005. Attorney's records. This Section applies only | ||||||
| 21 | if a client and his or her authorized
attorney have complied | ||||||
| 22 | with all applicable legal requirements regarding
examination | ||||||
| 23 | and copying of client files, including but not limited to
| ||||||
| 24 | satisfaction of expenses and attorney retaining liens.
| ||||||
| 25 | Upon the request of a client, an
attorney shall permit the | ||||||
| |||||||
| |||||||
| 1 | client's authorized attorney to examine and copy the
records | ||||||
| 2 | kept by the attorney in connection with the representation of | ||||||
| 3 | the
client, with the exception of attorney work product. The | ||||||
| 4 | request for
examination and copying of the records shall be in
| ||||||
| 5 | writing and shall be delivered to the attorney. Within a | ||||||
| 6 | reasonable time after
the attorney receives the written | ||||||
| 7 | request, the attorney shall comply with the
written request at | ||||||
| 8 | his or her office or any other place designated by him or
her. | ||||||
| 9 | At the time of copying, the person requesting the records shall
| ||||||
| 10 | reimburse the attorney for all reasonable expenses, including | ||||||
| 11 | the costs of
independent copy service companies, incurred by | ||||||
| 12 | the attorney in connection
with the copying not to exceed a
$20 | ||||||
| 13 | handling charge for processing the request,
and
the actual | ||||||
| 14 | postage or shipping charges, if any, plus (1) for paper copies | ||||||
| 15 | 75 cents per page for the first through 25th pages, 50 cents | ||||||
| 16 | per page for the
26th through 50th pages, and 25 cents per page | ||||||
| 17 | for all pages in excess of 50
(except that the charge shall not | ||||||
| 18 | exceed $1.25 per page for any copies
made from microfiche or | ||||||
| 19 | microfilm; records retrieved from scanning, digital imaging, | ||||||
| 20 | electronic information or other digital format do not qualify | ||||||
| 21 | as microfiche or microfilm retrieval for purposes of | ||||||
| 22 | calculating charges); and (2) for electronic records, | ||||||
| 23 | retrieved from a scanning, digital imaging, electronic | ||||||
| 24 | information or other digital format in an a electronic | ||||||
| 25 | document, a charge of 50% of the per page charge for paper | ||||||
| 26 | copies under subdivision (d)(1). This per page charge includes | ||||||
| |||||||
| |||||||
| 1 | the cost of each CD Rom, DVD, or other storage media. Records | ||||||
| 2 | already maintained in an electronic or digital format shall be | ||||||
| 3 | provided in an electronic format when so requested. If the | ||||||
| 4 | records system does not allow for the creation or transmission | ||||||
| 5 | of an electronic or digital record, then the attorney shall | ||||||
| 6 | inform the requester in writing of the reason the records | ||||||
| 7 | cannot be provided electronically. The written explanation may | ||||||
| 8 | be included with the production of paper copies, if the | ||||||
| 9 | requester chooses to order paper copies.
These rates shall be | ||||||
| 10 | automatically
adjusted as set forth in Section 8-2006.
The | ||||||
| 11 | attorney may, however, charge for the reasonable cost of all | ||||||
| 12 | duplication of
record material or information that cannot | ||||||
| 13 | routinely be copied or
duplicated on a standard commercial | ||||||
| 14 | photocopy machine such as pictures.
| ||||||
| 15 | An attorney shall satisfy the requirements of this Section | ||||||
| 16 | within 60
days after he or she receives a request from a client | ||||||
| 17 | or his or her authorized
attorney. An attorney who fails to | ||||||
| 18 | comply with the time limit requirement of
this Section shall be | ||||||
| 19 | required to pay expenses and reasonable attorney's fees
| ||||||
| 20 | incurred in connection with any court-ordered enforcement of | ||||||
| 21 | the
requirements of this Section.
| ||||||
| 22 | (Source: P.A. 95-478, eff. 1-1-08 (changed from 8-27-07 by P.A. | ||||||
| 23 | 95-480); 95-480, eff. 1-1-08; revised 11-22-13.)
| ||||||
| 24 | (735 ILCS 5/11-106) (from Ch. 110, par. 11-106)
| ||||||
| 25 | Sec. 11-106. Injunctive relief on Saturday, Sunday or legal | ||||||
| |||||||
| |||||||
| 1 | holiday.
When an application is made on a Saturday,
Sunday, | ||||||
| 2 | legal holiday or on a day when courts are not in session for | ||||||
| 3 | injunctive
relief and there is filed with the complaint an | ||||||
| 4 | affidavit of
the plaintiff, or his, her or their agent or | ||||||
| 5 | attorney, stating that the
benefits of injunctive relief will | ||||||
| 6 | be lost or endangered, or irremediable
damage occasioned unless | ||||||
| 7 | such injunctive relief is immediately granted,
and stating the | ||||||
| 8 | bases for such alleged consequence,, and if
it appears to the | ||||||
| 9 | court from such affidavit that the benefits of injunctive | ||||||
| 10 | relief
will be lost or endangered, or irremediable damage | ||||||
| 11 | occasioned unless
such injunctive relief is immediately | ||||||
| 12 | granted, and if the plaintiff otherwise is
entitled to such | ||||||
| 13 | relief under the law, the court may grant injunctive relief
on | ||||||
| 14 | a Saturday,
Sunday, legal holiday, or on a day when courts are | ||||||
| 15 | not in session; and it
shall be lawful for the clerk to | ||||||
| 16 | certify, and for the sheriff or coroner
to serve such order for | ||||||
| 17 | injunctive relief on a Saturday,
Sunday, legal holiday or on a | ||||||
| 18 | day when courts are not in session as on any
other day, and all | ||||||
| 19 | affidavits and bonds made and proceedings had in
such case | ||||||
| 20 | shall have the same force and effect as if made or had on any
| ||||||
| 21 | other day.
| ||||||
| 22 | (Source: P.A. 82-280; revised 11-22-13.)
| ||||||
| 23 | (735 ILCS 5/13-110) (from Ch. 110, par. 13-110)
| ||||||
| 24 | Sec. 13-110. Vacant land - Payment of taxes with color of | ||||||
| 25 | title. Whenever
a person having color of title, made in good | ||||||
| |||||||
| |||||||
| 1 | faith,
to vacant and unoccupied land, pays all taxes legally | ||||||
| 2 | assessed
thereon for 7 successive years, he or she shall be | ||||||
| 3 | deemed and
adjudged to be the legal owner of such vacant and | ||||||
| 4 | unoccupied land, to
the extent and according to the purport of | ||||||
| 5 | his or her paper title. All
persons holding under such | ||||||
| 6 | taxpayer, by purchase, legacy or descent,
before such 7 years | ||||||
| 7 | expired, and who continue to
pay the taxes, as above set out, | ||||||
| 8 | so as to complete the payment of taxes for
the such term, are | ||||||
| 9 | entitled to the benefit of this Section.
However, if any | ||||||
| 10 | person, having a better paper title to such
vacant and | ||||||
| 11 | unoccupied land, during the term of 7 years,
pays the taxes | ||||||
| 12 | assessed on such land for any one or more years of the
term of 7 | ||||||
| 13 | years, then such taxpayer, his or her heirs, legatees or | ||||||
| 14 | assigns,
shall not be entitled to the benefit of this Section.
| ||||||
| 15 | (Source: P.A. 83-707; revised 11-22-13.)
| ||||||
| 16 | Section 730. The Eminent Domain Act is amended by changing | ||||||
| 17 | Sections 15-5-15, 15-5-35, and 15-5-47 and by setting forth and | ||||||
| 18 | renumbering multiple versions of Section 25-5-45 as follows:
| ||||||
| 19 | (735 ILCS 30/15-5-15)
| ||||||
| 20 | Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 | ||||||
| 21 | through 75. The following provisions of law may include express | ||||||
| 22 | grants of the power to acquire property by condemnation or | ||||||
| 23 | eminent domain:
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport | ||||||
| 2 | authorities; for public airport facilities.
| ||||||
| 3 | (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport | ||||||
| 4 | authorities; for removal of airport hazards.
| ||||||
| 5 | (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport | ||||||
| 6 | authorities; for reduction of the height of objects or | ||||||
| 7 | structures.
| ||||||
| 8 | (70 ILCS 10/4); Interstate Airport Authorities Act; interstate | ||||||
| 9 | airport authorities; for general purposes.
| ||||||
| 10 | (70 ILCS 15/3); Kankakee River Valley Area Airport Authority | ||||||
| 11 | Act; Kankakee River Valley Area Airport Authority; for | ||||||
| 12 | acquisition of land for airports.
| ||||||
| 13 | (70 ILCS 200/2-20); Civic Center Code; civic center | ||||||
| 14 | authorities; for grounds, centers, buildings, and parking.
| ||||||
| 15 | (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center | ||||||
| 16 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 17 | (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan | ||||||
| 18 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 19 | grounds, centers, buildings, and parking.
| ||||||
| 20 | (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center | ||||||
| 21 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 22 | (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic | ||||||
| 23 | Center Authority; for grounds, centers, buildings, and | ||||||
| 24 | parking.
| ||||||
| 25 | (70 ILCS 200/35-35); Civic Center Code; Brownstown Park | ||||||
| 26 | District Civic Center Authority; for grounds, centers, | ||||||
| |||||||
| |||||||
| 1 | buildings, and parking.
| ||||||
| 2 | (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic Center | ||||||
| 3 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 4 | (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic | ||||||
| 5 | Center Authority; for grounds, centers, buildings, and | ||||||
| 6 | parking.
| ||||||
| 7 | (70 ILCS 200/60-30); Civic Center Code; Collinsville | ||||||
| 8 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 9 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 10 | (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic | ||||||
| 11 | Center Authority; for grounds, centers, buildings, and | ||||||
| 12 | parking.
| ||||||
| 13 | (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan | ||||||
| 14 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 15 | grounds, centers, buildings, and parking.
| ||||||
| 16 | (70 ILCS 200/80-15); Civic Center Code; DuPage County | ||||||
| 17 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 18 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 19 | (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan | ||||||
| 20 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 21 | grounds, centers, buildings, and parking.
| ||||||
| 22 | (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan | ||||||
| 23 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 24 | grounds, centers, buildings, and parking.
| ||||||
| 25 | (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic | ||||||
| 26 | Center Authority; for grounds, centers, buildings, and | ||||||
| |||||||
| |||||||
| 1 | parking.
| ||||||
| 2 | (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic | ||||||
| 3 | Center Authority; for grounds, centers, buildings, and | ||||||
| 4 | parking.
| ||||||
| 5 | (70 ILCS 200/120-25); Civic Center Code; Jefferson County | ||||||
| 6 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 7 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 8 | (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County | ||||||
| 9 | Civic Center Authority; for grounds, centers, buildings, | ||||||
| 10 | and parking.
| ||||||
| 11 | (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham | ||||||
| 12 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 13 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 14 | (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center | ||||||
| 15 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 16 | (70 ILCS 200/150-35); Civic Center Code; Mason County Civic | ||||||
| 17 | Center Authority; for grounds, centers, buildings, and | ||||||
| 18 | parking.
| ||||||
| 19 | (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan | ||||||
| 20 | Civic Center Authority; for grounds, centers, buildings, | ||||||
| 21 | and parking.
| ||||||
| 22 | (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center | ||||||
| 23 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 24 | (70 ILCS 200/165-35); Civic Center Code; Melrose Park | ||||||
| 25 | Metropolitan Exposition Auditorium and Office Building | ||||||
| 26 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan | ||||||
| 2 | Exposition, Auditorium and Office Building Authorities; | ||||||
| 3 | for general purposes.
| ||||||
| 4 | (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center | ||||||
| 5 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 6 | (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center | ||||||
| 7 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 8 | (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center | ||||||
| 9 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 10 | (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center | ||||||
| 11 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 12 | (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center | ||||||
| 13 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 14 | (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center | ||||||
| 15 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 16 | (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City | ||||||
| 17 | Civic Center Authority; for grounds, centers, buildings, | ||||||
| 18 | and parking.
| ||||||
| 19 | (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan | ||||||
| 20 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 21 | grounds, centers, buildings, and parking.
| ||||||
| 22 | (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic | ||||||
| 23 | Center Authority; for grounds, centers, buildings, and | ||||||
| 24 | parking.
| ||||||
| 25 | (70 ILCS 200/230-35); Civic Center Code; River Forest | ||||||
| 26 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| |||||||
| |||||||
| 1 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 2 | (70 ILCS 200/235-40); Civic Center Code; Riverside Civic Center | ||||||
| 3 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 4 | (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center | ||||||
| 5 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 6 | (70 ILCS 200/255-20); Civic Center Code; Springfield | ||||||
| 7 | Metropolitan Exposition and Auditorium Authority; for | ||||||
| 8 | grounds, centers, and parking.
| ||||||
| 9 | (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan | ||||||
| 10 | Exposition, Auditorium and Office Building Authority; for | ||||||
| 11 | grounds, centers, buildings, and parking.
| ||||||
| 12 | (70 ILCS 200/265-20); Civic Center Code; Vermilion County | ||||||
| 13 | Metropolitan Exposition, Auditorium and Office Building | ||||||
| 14 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 15 | (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center | ||||||
| 16 | Authority; for grounds, centers, buildings, and parking.
| ||||||
| 17 | (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic | ||||||
| 18 | Center Authority; for grounds, centers, buildings, and | ||||||
| 19 | parking.
| ||||||
| 20 | (70 ILCS 200/280-20); Civic Center Code; Will County | ||||||
| 21 | Metropolitan Exposition and Auditorium Authority; for | ||||||
| 22 | grounds, centers, and parking.
| ||||||
| 23 | (70 ILCS 210/5); Metropolitan Pier and Exposition Authority | ||||||
| 24 | Act; Metropolitan Pier and Exposition Authority; for | ||||||
| 25 | general purposes, including quick-take power.
| ||||||
| 26 | (70 ILCS 405/22.04); Soil and Water Conservation Districts Act; | ||||||
| |||||||
| |||||||
| 1 | soil and water conservation districts; for general | ||||||
| 2 | purposes.
| ||||||
| 3 | (70 ILCS 410/10 and 410/12); Conservation District Act; | ||||||
| 4 | conservation districts; for open space, wildland, scenic | ||||||
| 5 | roadway, pathway, outdoor recreation, or other | ||||||
| 6 | conservation benefits.
| ||||||
| 7 | (70 ILCS 503/25); Chanute-Rantoul National Aviation Center | ||||||
| 8 | Redevelopment Commission Act; Chanute-Rantoul National | ||||||
| 9 | Aviation Center Redevelopment Commission; for general | ||||||
| 10 | purposes. | ||||||
| 11 | (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; | ||||||
| 12 | Fort Sheridan Redevelopment Commission; for general | ||||||
| 13 | purposes or to carry out comprehensive or redevelopment | ||||||
| 14 | plans.
| ||||||
| 15 | (70 ILCS 520/8); Southwestern Illinois Development Authority | ||||||
| 16 | Act; Southwestern Illinois Development Authority; for | ||||||
| 17 | general purposes, including quick-take power.
| ||||||
| 18 | (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; | ||||||
| 19 | drainage districts; for general purposes.
| ||||||
| 20 | (70 ILCS 615/5 and 615/6); Chicago Drainage District Act; | ||||||
| 21 | corporate authorities; for construction and maintenance of | ||||||
| 22 | works.
| ||||||
| 23 | (70 ILCS 705/10); Fire Protection District Act; fire protection | ||||||
| 24 | districts; for general purposes.
| ||||||
| 25 | (70 ILCS 750/20); Flood Prevention District Act; flood | ||||||
| 26 | prevention districts; for general purposes. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 805/6); Downstate Forest Preserve District Act; | ||||||
| 2 | certain forest preserve districts; for general purposes.
| ||||||
| 3 | (70 ILCS 805/18.8); Downstate Forest Preserve District Act; | ||||||
| 4 | certain forest preserve districts; for recreational and | ||||||
| 5 | cultural facilities.
| ||||||
| 6 | (70 ILCS 810/8); Cook County Forest Preserve District Act; | ||||||
| 7 | Forest Preserve District of Cook County; for general | ||||||
| 8 | purposes.
| ||||||
| 9 | (70 ILCS 810/38); Cook County Forest Preserve District Act; | ||||||
| 10 | Forest Preserve District of Cook County; for recreational | ||||||
| 11 | facilities.
| ||||||
| 12 | (70 ILCS 910/15 and 910/16); Hospital District Law; hospital | ||||||
| 13 | districts; for hospitals or hospital facilities.
| ||||||
| 14 | (70 ILCS 915/3); Illinois Medical District Act; Illinois | ||||||
| 15 | Medical District Commission; for general purposes.
| ||||||
| 16 | (70 ILCS 915/4.5); Illinois Medical District Act; Illinois | ||||||
| 17 | Medical District Commission; quick-take power for the | ||||||
| 18 | Illinois State Police Forensic Science Laboratory | ||||||
| 19 | (obsolete).
| ||||||
| 20 | (70 ILCS 920/5); Tuberculosis Sanitarium District Act; | ||||||
| 21 | tuberculosis sanitarium districts; for tuberculosis | ||||||
| 22 | sanitariums.
| ||||||
| 23 | (70 ILCS 925/20); Mid-Illinois
Medical District Act; | ||||||
| 24 | Mid-Illinois
Medical District; for general purposes.
| ||||||
| 25 | (70 ILCS 930/20); Mid-America Medical District Act; | ||||||
| 26 | Mid-America Medical District Commission; for general | ||||||
| |||||||
| |||||||
| 1 | purposes. | ||||||
| 2 | (70 ILCS 935/20); Roseland Community Medical District Act; | ||||||
| 3 | medical district; for general purposes. | ||||||
| 4 | (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito | ||||||
| 5 | abatement districts; for general purposes.
| ||||||
| 6 | (70 ILCS 1105/8); Museum District Act; museum districts; for | ||||||
| 7 | general purposes.
| ||||||
| 8 | (70 ILCS 1205/7-1); Park District Code; park districts; for | ||||||
| 9 | streets and other purposes.
| ||||||
| 10 | (70 ILCS 1205/8-1); Park District Code; park districts; for | ||||||
| 11 | parks.
| ||||||
| 12 | (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park | ||||||
| 13 | districts; for airports and landing fields.
| ||||||
| 14 | (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park | ||||||
| 15 | districts; for State land abutting public water and certain | ||||||
| 16 | access rights.
| ||||||
| 17 | (70 ILCS 1205/11.1-3); Park District Code; park districts; for | ||||||
| 18 | harbors.
| ||||||
| 19 | (70 ILCS 1225/2); Park Commissioners Land Condemnation Act; | ||||||
| 20 | park districts; for street widening.
| ||||||
| 21 | (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water Control | ||||||
| 22 | Act; park districts; for parks, boulevards, driveways, | ||||||
| 23 | parkways, viaducts, bridges, or tunnels.
| ||||||
| 24 | (70 ILCS 1250/2); Park Commissioners Street Control (1889) Act; | ||||||
| 25 | park districts; for boulevards or driveways.
| ||||||
| 26 | (70 ILCS 1290/1); Park District Aquarium and Museum Act; | ||||||
| |||||||
| |||||||
| 1 | municipalities or park districts; for aquariums or | ||||||
| 2 | museums.
| ||||||
| 3 | (70 ILCS 1305/2); Park District Airport Zoning Act; park | ||||||
| 4 | districts; for restriction of the height of structures.
| ||||||
| 5 | (70 ILCS 1310/5); Park District Elevated Highway Act; park | ||||||
| 6 | districts; for elevated highways.
| ||||||
| 7 | (70 ILCS 1505/15); Chicago Park District Act; Chicago Park | ||||||
| 8 | District; for parks and other purposes.
| ||||||
| 9 | (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park | ||||||
| 10 | District; for parking lots or garages.
| ||||||
| 11 | (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park | ||||||
| 12 | District; for harbors.
| ||||||
| 13 | (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation | ||||||
| 14 | Act; Lincoln Park Commissioners; for land and interests in | ||||||
| 15 | land, including riparian rights.
| ||||||
| 16 | (70 ILCS 1801/30); Alexander-Cairo Port District Act; | ||||||
| 17 | Alexander-Cairo Port District; for general purposes. | ||||||
| 18 | (70 ILCS 1805/8); Havana Regional Port District Act; Havana | ||||||
| 19 | Regional Port District; for general purposes.
| ||||||
| 20 | (70 ILCS 1810/7); Illinois International Port District Act; | ||||||
| 21 | Illinois International Port District; for general | ||||||
| 22 | purposes.
| ||||||
| 23 | (70 ILCS 1815/13); Illinois Valley Regional Port District Act; | ||||||
| 24 | Illinois Valley Regional Port District; for general | ||||||
| 25 | purposes.
| ||||||
| 26 | (70 ILCS 1820/4); Jackson-Union Counties Regional Port | ||||||
| |||||||
| |||||||
| 1 | District Act; Jackson-Union Counties Regional Port | ||||||
| 2 | District; for removal of airport hazards or reduction of | ||||||
| 3 | the height of objects or structures.
| ||||||
| 4 | (70 ILCS 1820/5); Jackson-Union Counties Regional Port | ||||||
| 5 | District Act; Jackson-Union Counties Regional Port | ||||||
| 6 | District; for general purposes.
| ||||||
| 7 | (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet | ||||||
| 8 | Regional Port District; for removal of airport hazards.
| ||||||
| 9 | (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet | ||||||
| 10 | Regional Port District; for reduction of the height of | ||||||
| 11 | objects or structures.
| ||||||
| 12 | (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet | ||||||
| 13 | Regional Port District; for removal of hazards from ports | ||||||
| 14 | and terminals.
| ||||||
| 15 | (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet | ||||||
| 16 | Regional Port District; for general purposes.
| ||||||
| 17 | (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; | ||||||
| 18 | Kaskaskia Regional Port District; for removal of hazards | ||||||
| 19 | from ports and terminals.
| ||||||
| 20 | (70 ILCS 1830/14); Kaskaskia Regional Port District Act; | ||||||
| 21 | Kaskaskia Regional Port District; for general purposes.
| ||||||
| 22 | (70 ILCS 1831/30); Massac-Metropolis Port District Act; | ||||||
| 23 | Massac-Metropolis Port District; for general purposes. | ||||||
| 24 | (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; Mt. | ||||||
| 25 | Carmel Regional Port District; for removal of airport | ||||||
| 26 | hazards.
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; Mt. | ||||||
| 2 | Carmel Regional Port District; for reduction of the height | ||||||
| 3 | of objects or structures.
| ||||||
| 4 | (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt. | ||||||
| 5 | Carmel Regional Port District; for general purposes.
| ||||||
| 6 | (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port | ||||||
| 7 | District; for general purposes. | ||||||
| 8 | (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca | ||||||
| 9 | Regional Port District; for removal of airport hazards.
| ||||||
| 10 | (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca | ||||||
| 11 | Regional Port District; for reduction of the height of | ||||||
| 12 | objects or structures.
| ||||||
| 13 | (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca | ||||||
| 14 | Regional Port District; for general purposes.
| ||||||
| 15 | (70 ILCS 1850/4); Shawneetown Regional Port District Act; | ||||||
| 16 | Shawneetown Regional Port District; for removal of airport | ||||||
| 17 | hazards or reduction of the height of objects or | ||||||
| 18 | structures.
| ||||||
| 19 | (70 ILCS 1850/5); Shawneetown Regional Port District Act; | ||||||
| 20 | Shawneetown Regional Port District; for general purposes.
| ||||||
| 21 | (70 ILCS 1855/4); Southwest Regional Port District Act; | ||||||
| 22 | Southwest Regional Port District; for removal of airport | ||||||
| 23 | hazards or reduction of the height of objects or | ||||||
| 24 | structures.
| ||||||
| 25 | (70 ILCS 1855/5); Southwest Regional Port District Act; | ||||||
| 26 | Southwest Regional Port District; for general purposes. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 1860/4); Tri-City Regional Port District Act; Tri-City | ||||||
| 2 | Regional Port District; for removal of airport hazards.
| ||||||
| 3 | (70 ILCS 1860/5); Tri-City Regional Port District Act; Tri-City | ||||||
| 4 | Regional Port District; for the development of facilities.
| ||||||
| 5 | (70 ILCS 1863/11); Upper Mississippi River International Port | ||||||
| 6 | District Act; Upper Mississippi River International Port | ||||||
| 7 | District; for general purposes. | ||||||
| 8 | (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port | ||||||
| 9 | District; for removal of airport hazards.
| ||||||
| 10 | (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port | ||||||
| 11 | District; for restricting the height of objects or | ||||||
| 12 | structures.
| ||||||
| 13 | (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port | ||||||
| 14 | District; for the development of facilities.
| ||||||
| 15 | (70 ILCS 1870/8); White County Port District Act; White County | ||||||
| 16 | Port District; for the development of facilities.
| ||||||
| 17 | (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad | ||||||
| 18 | Terminal Authority (Chicago); for general purposes.
| ||||||
| 19 | (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority | ||||||
| 20 | Act; Grand Avenue Railroad Relocation Authority; for | ||||||
| 21 | general purposes, including quick-take power (now | ||||||
| 22 | obsolete). | ||||||
| 23 | (70 ILCS 1935/25); Elmwood Park Grade Separation Authority Act; | ||||||
| 24 | Elmwood Park Grade Separation Authority; for general | ||||||
| 25 | purposes.
| ||||||
| 26 | (70 ILCS 2105/9b); River Conservancy Districts Act; river | ||||||
| |||||||
| |||||||
| 1 | conservancy districts; for general purposes.
| ||||||
| 2 | (70 ILCS 2105/10a); River Conservancy Districts Act; river | ||||||
| 3 | conservancy districts; for corporate purposes.
| ||||||
| 4 | (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary | ||||||
| 5 | districts; for corporate purposes.
| ||||||
| 6 | (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary | ||||||
| 7 | districts; for improvements and works.
| ||||||
| 8 | (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary | ||||||
| 9 | districts; for access to property.
| ||||||
| 10 | (70 ILCS 2305/8); North Shore Sanitary District Act; North | ||||||
| 11 | Shore Sanitary District; for corporate purposes.
| ||||||
| 12 | (70 ILCS 2305/15); North Shore Sanitary District Act; North | ||||||
| 13 | Shore Sanitary District; for improvements.
| ||||||
| 14 | (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary | ||||||
| 15 | District of Decatur; for carrying out agreements to sell, | ||||||
| 16 | convey, or disburse treated wastewater to a private entity.
| ||||||
| 17 | (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary | ||||||
| 18 | districts; for corporate purposes.
| ||||||
| 19 | (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary | ||||||
| 20 | districts; for improvements.
| ||||||
| 21 | (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of | ||||||
| 22 | 1917; sanitary districts; for waterworks.
| ||||||
| 23 | (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary | ||||||
| 24 | districts; for public sewer and water utility treatment | ||||||
| 25 | works.
| ||||||
| 26 | (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary | ||||||
| |||||||
| |||||||
| 1 | districts; for dams or other structures to regulate water | ||||||
| 2 | flow.
| ||||||
| 3 | (70 ILCS 2605/8); Metropolitan Water Reclamation District Act; | ||||||
| 4 | Metropolitan Water Reclamation District; for corporate | ||||||
| 5 | purposes.
| ||||||
| 6 | (70 ILCS 2605/16); Metropolitan Water Reclamation District | ||||||
| 7 | Act; Metropolitan Water Reclamation District; quick-take | ||||||
| 8 | power for improvements.
| ||||||
| 9 | (70 ILCS 2605/17); Metropolitan Water Reclamation District | ||||||
| 10 | Act; Metropolitan Water Reclamation District; for bridges.
| ||||||
| 11 | (70 ILCS 2605/35); Metropolitan Water Reclamation District | ||||||
| 12 | Act; Metropolitan Water Reclamation District; for widening | ||||||
| 13 | and deepening a navigable stream.
| ||||||
| 14 | (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary | ||||||
| 15 | districts; for corporate purposes.
| ||||||
| 16 | (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary | ||||||
| 17 | districts; for improvements.
| ||||||
| 18 | (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of 1936; | ||||||
| 19 | sanitary districts; for drainage systems.
| ||||||
| 20 | (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary | ||||||
| 21 | districts; for dams or other structures to regulate water | ||||||
| 22 | flow.
| ||||||
| 23 | (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary | ||||||
| 24 | districts; for water supply.
| ||||||
| 25 | (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary | ||||||
| 26 | districts; for waterworks.
| ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; | ||||||
| 2 | Metro-East Sanitary District; for corporate purposes.
| ||||||
| 3 | (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; | ||||||
| 4 | Metro-East Sanitary District; for access to property.
| ||||||
| 5 | (70 ILCS 3010/10); Sanitary District Revenue Bond Act; sanitary | ||||||
| 6 | districts; for sewerage systems.
| ||||||
| 7 | (70 ILCS 3205/12); Illinois Sports Facilities Authority Act; | ||||||
| 8 | Illinois Sports Facilities Authority; quick-take power for | ||||||
| 9 | its corporate purposes (obsolete).
| ||||||
| 10 | (70 ILCS 3405/16); Surface Water Protection District Act; | ||||||
| 11 | surface water protection districts; for corporate | ||||||
| 12 | purposes.
| ||||||
| 13 | (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago | ||||||
| 14 | Transit Authority; for transportation systems.
| ||||||
| 15 | (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago | ||||||
| 16 | Transit Authority; for general purposes.
| ||||||
| 17 | (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago | ||||||
| 18 | Transit Authority; for general purposes, including | ||||||
| 19 | railroad property.
| ||||||
| 20 | (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; | ||||||
| 21 | local mass transit districts; for general purposes.
| ||||||
| 22 | (70 ILCS 3615/2.13); Regional Transportation Authority Act; | ||||||
| 23 | Regional Transportation Authority; for general purposes.
| ||||||
| 24 | (70 ILCS 3705/8 and 3705/12); Public Water District Act; public | ||||||
| 25 | water districts; for waterworks.
| ||||||
| 26 | (70 ILCS 3705/23a); Public Water District Act; public water | ||||||
| |||||||
| |||||||
| 1 | districts; for sewerage properties.
| ||||||
| 2 | (70 ILCS 3705/23e); Public Water District Act; public water | ||||||
| 3 | districts; for combined waterworks and sewerage systems.
| ||||||
| 4 | (70 ILCS 3715/6); Water Authorities Act; water authorities; for | ||||||
| 5 | facilities to ensure adequate water supply.
| ||||||
| 6 | (70 ILCS 3715/27); Water Authorities Act; water authorities; | ||||||
| 7 | for access to property.
| ||||||
| 8 | (75 ILCS 5/4-7); Illinois Local Library Act; boards of library | ||||||
| 9 | trustees; for library buildings.
| ||||||
| 10 | (75 ILCS 16/30-55.80); Public Library District Act of 1991; | ||||||
| 11 | public library districts; for general purposes.
| ||||||
| 12 | (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate | ||||||
| 13 | authorities of city or park district, or board of park | ||||||
| 14 | commissioners; for free public library buildings.
| ||||||
| 15 | (Source: P.A. 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11; | ||||||
| 16 | incorporates 96-1522, eff. 2-14-11, and 97-259, eff. 8-5-11; | ||||||
| 17 | 97-813, eff. 7-13-12; incorporates 98-564, eff. 8-27-13; | ||||||
| 18 | revised 11-25-13.)
| ||||||
| 19 | (735 ILCS 30/15-5-35)
| ||||||
| 20 | Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605 | ||||||
| 21 | through 625. The following provisions of law may include | ||||||
| 22 | express grants of the power to acquire property by condemnation | ||||||
| 23 | or eminent domain:
| ||||||
| 24 | (605 ILCS 5/4-501); Illinois Highway Code; Department of | ||||||
| |||||||
| |||||||
| 1 | Transportation and counties; for highway purposes.
| ||||||
| 2 | (605 ILCS 5/4-502); Illinois Highway Code; Department of | ||||||
| 3 | Transportation; for ditches and drains.
| ||||||
| 4 | (605 ILCS 5/4-505); Illinois Highway Code; Department of | ||||||
| 5 | Transportation; for replacement of railroad and public | ||||||
| 6 | utility property taken for highway purposes.
| ||||||
| 7 | (605 ILCS 5/4-509); Illinois Highway Code; Department of | ||||||
| 8 | Transportation; for replacement of property taken for | ||||||
| 9 | highway purposes.
| ||||||
| 10 | (605 ILCS 5/4-510); Illinois Highway Code; Department of | ||||||
| 11 | Transportation; for rights-of-way for future highway | ||||||
| 12 | purposes.
| ||||||
| 13 | (605 ILCS 5/4-511); Illinois Highway Code; Department of | ||||||
| 14 | Transportation; for relocation of structures taken for | ||||||
| 15 | highway purposes.
| ||||||
| 16 | (605 ILCS 5/5-107); Illinois Highway Code; counties; for county | ||||||
| 17 | highway relocation.
| ||||||
| 18 | (605 ILCS 5/5-801); Illinois Highway Code; counties; for | ||||||
| 19 | highway purposes.
| ||||||
| 20 | (605 ILCS 5/5-802); Illinois Highway Code; counties; for | ||||||
| 21 | ditches and drains.
| ||||||
| 22 | (605 ILCS 5/6-309); Illinois Highway Code; highway | ||||||
| 23 | commissioners or county superintendents; for township or | ||||||
| 24 | road district roads.
| ||||||
| 25 | (605 ILCS 5/6-801); Illinois Highway Code; highway | ||||||
| 26 | commissioners; for road district or township roads.
| ||||||
| |||||||
| |||||||
| 1 | (605 ILCS 5/6-802); Illinois Highway Code; highway | ||||||
| 2 | commissioners; for ditches and drains.
| ||||||
| 3 | (605 ILCS 5/8-102); Illinois Highway Code; Department of | ||||||
| 4 | Transportation, counties, and municipalities; for limiting | ||||||
| 5 | freeway access.
| ||||||
| 6 | (605 ILCS 5/8-103); Illinois Highway Code; Department of | ||||||
| 7 | Transportation, counties, and municipalities; for freeway | ||||||
| 8 | purposes.
| ||||||
| 9 | (605 ILCS 5/8-106); Illinois Highway Code; Department of | ||||||
| 10 | Transportation and counties; for relocation of existing | ||||||
| 11 | crossings for freeway purposes.
| ||||||
| 12 | (605 ILCS 5/9-113); Illinois Highway Code; highway | ||||||
| 13 | authorities; for utility and other uses in rights-of-ways.
| ||||||
| 14 | (605 ILCS 5/10-302); Illinois Highway Code; counties; for | ||||||
| 15 | bridge purposes.
| ||||||
| 16 | (605 ILCS 5/10-602); Illinois Highway Code; municipalities; | ||||||
| 17 | for ferry and bridge purposes.
| ||||||
| 18 | (605 ILCS 5/10-702); Illinois Highway Code; municipalities; | ||||||
| 19 | for bridge purposes.
| ||||||
| 20 | (605 ILCS 5/10-901); Illinois Highway Code; Department of | ||||||
| 21 | Transportation; for ferry property.
| ||||||
| 22 | (605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway | ||||||
| 23 | Authority; for toll highway purposes.
| ||||||
| 24 | (605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll | ||||||
| 25 | Highway Authority; for its authorized purposes.
| ||||||
| 26 | (605 ILCS 10/10); Toll Highway Act; Illinois State Toll Highway | ||||||
| |||||||
| |||||||
| 1 | Authority; for property of a municipality or political | ||||||
| 2 | subdivision for toll highway purposes.
| ||||||
| 3 | (605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge | ||||||
| 4 | purposes.
| ||||||
| 5 | (605 ILCS 115/15); Toll Bridge Act; counties; for the purpose | ||||||
| 6 | of taking a toll bridge to make it a free bridge.
| ||||||
| 7 | (605 ILCS 130/80); Public Private Agreements for the Illiana | ||||||
| 8 | Expressway Act; Department of Transportation; for the | ||||||
| 9 | Illiana Expressway project. | ||||||
| 10 | (610 ILCS 5/17); Railroad Incorporation Act; railroad | ||||||
| 11 | corporation; for real estate for railroad purposes.
| ||||||
| 12 | (610 ILCS 5/18); Railroad Incorporation Act; railroad | ||||||
| 13 | corporations; for materials for railways.
| ||||||
| 14 | (610 ILCS 5/19); Railroad Incorporation Act; railways; for land | ||||||
| 15 | along highways.
| ||||||
| 16 | (610 ILCS 70/1); Railroad Powers Act; purchasers and lessees of | ||||||
| 17 | railroad companies; for railroad purposes.
| ||||||
| 18 | (610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act; | ||||||
| 19 | street railroad companies; for street railroad purposes.
| ||||||
| 20 | (615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of | ||||||
| 21 | Natural Resources; for land along public waters for | ||||||
| 22 | pleasure, recreation, or sport purposes.
| ||||||
| 23 | (615 ILCS 10/7.8); Illinois Waterway Act; Department of Natural | ||||||
| 24 | Resources; for waterways and appurtenances.
| ||||||
| 25 | (615 ILCS 15/7); Flood Control Act of 1945; Department of | ||||||
| 26 | Natural Resources; for the purposes of the Act.
| ||||||
| |||||||
| |||||||
| 1 | (615 ILCS 30/9); Illinois and Michigan Canal Management Act; | ||||||
| 2 | Department of Natural Resources; for dams, locks, and | ||||||
| 3 | improvements.
| ||||||
| 4 | (615 ILCS 45/10); Illinois and Michigan Canal Development Act; | ||||||
| 5 | Department of Natural Resources; for development and | ||||||
| 6 | management of the canal.
| ||||||
| 7 | (620 ILCS 5/72); Illinois Aeronautics Act; Division of | ||||||
| 8 | Aeronautics of the Department of Transportation; for | ||||||
| 9 | airport purposes.
| ||||||
| 10 | (620 ILCS 5/73); Illinois Aeronautics Act; Division of | ||||||
| 11 | Aeronautics of the Department of Transportation; for | ||||||
| 12 | removal of airport hazards.
| ||||||
| 13 | (620 ILCS 5/74); Illinois Aeronautics Act; Division of | ||||||
| 14 | Aeronautics of the Department of Transportation; for | ||||||
| 15 | airport purposes.
| ||||||
| 16 | (620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics | ||||||
| 17 | of the Department of Transportation; for air rights.
| ||||||
| 18 | (620 ILCS 40/2 and 40/3); General County Airport and Landing | ||||||
| 19 | Field Act; counties; for airport purposes.
| ||||||
| 20 | (620 ILCS 40/5); General County Airport and Landing Field Act; | ||||||
| 21 | counties; for removing hazards.
| ||||||
| 22 | (620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of | ||||||
| 23 | directors of airports and landing fields; for airport and | ||||||
| 24 | landing field purposes.
| ||||||
| 25 | (620 ILCS 50/22 and 50/31); County Airports Act; counties; for | ||||||
| 26 | airport purposes.
| ||||||
| |||||||
| |||||||
| 1 | (620 ILCS 50/24); County Airports Act; counties; for removal of | ||||||
| 2 | airport hazards.
| ||||||
| 3 | (620 ILCS 50/26); County Airports Act; counties; for | ||||||
| 4 | acquisition of airport protection privileges.
| ||||||
| 5 | (620 ILCS 52/15); County Air Corridor Protection Act; counties; | ||||||
| 6 | for airport zones.
| ||||||
| 7 | (620 ILCS 55/1); East St. Louis Airport Act; Department of | ||||||
| 8 | Transportation; for airport in East St. Louis metropolitan | ||||||
| 9 | area.
| ||||||
| 10 | (620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the | ||||||
| 11 | O'Hare modernization program, including quick-take power.
| ||||||
| 12 | (620 ILCS 75/2-15 and 75/2-90); Public-Private Agreements for | ||||||
| 13 | the South Suburban Airport Act; Department of | ||||||
| 14 | Transportation; for South Suburban Airport purposes. | ||||||
| 15 | (625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State; | ||||||
| 16 | for general purposes.
| ||||||
| 17 | (625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers; | ||||||
| 18 | for railroad purposes, including quick-take power.
| ||||||
| 19 | (Source: P.A. 97-808, eff. 7-13-12; incorporates 98-109, eff. | ||||||
| 20 | 7-25-13; revised 11-25-13.)
| ||||||
| 21 | (735 ILCS 30/15-5-47) | ||||||
| 22 | Sec. 15-5-47. Eminent domain powers in new Acts. The | ||||||
| 23 | following provisions of law may include express grants of the | ||||||
| 24 | power to acquire property by condemnation or eminent domain:
| ||||||
| |||||||
| |||||||
| 1 | (Reserved). | ||||||
| 2 | The Elmwood Park Grade Separation Authority Act; Elmwood Park | ||||||
| 3 | Grade Separation Authority; for general purposes.
| ||||||
| 4 | Public-Private Agreements for the South Suburban Airport Act; | ||||||
| 5 | Department of Transportation; for South Suburban Airport | ||||||
| 6 | purposes. | ||||||
| 7 | (Source: P.A. 98-109, eff. 7-25-13; 98-564, eff. 8-27-13; | ||||||
| 8 | revised 11-25-13.)
| ||||||
| 9 | (735 ILCS 30/25-5-45) | ||||||
| 10 | Sec. 25-5-45. Quick-take; South Suburban Airport. | ||||||
| 11 | Quick-take proceedings under Article 20 may be used by the | ||||||
| 12 | Department of Transportation for the purpose of development of | ||||||
| 13 | the South Suburban Airport within the boundaries designated on | ||||||
| 14 | the map filed with the Secretary of State on May 28, 2013 and | ||||||
| 15 | known as file number 98-GA-D01.
| ||||||
| 16 | (Source: P.A. 98-109, eff. 7-25-13.)
| ||||||
| 17 | (735 ILCS 30/25-5-50) | ||||||
| 18 | Sec. 25-5-50 25-5-45. Quick-take; McHenry County. | ||||||
| 19 | Quick-take proceedings under Article 20 may be used for a | ||||||
| 20 | period of no longer than one year from the effective date of | ||||||
| 21 | this amendatory Act of the 98th General Assembly by McHenry | ||||||
| 22 | County for the acquisition of the following described property | ||||||
| 23 | for the purpose of public improvements to serve McHenry County:
| ||||||
| |||||||
| |||||||
| 1 | Route: F.A.U. 168 (Johnsburg Road) | ||||||
| 2 | Section: 05-00314-00-WR | ||||||
| 3 | County: McHenry
Job No.: R-91-005-06 | ||||||
| 4 | Parcel: 1HK0045 | ||||||
| 5 | Sta. 58+07.09 To Sta. 58+31.89 | ||||||
| 6 | Sta. 176+10.72 To Sta. 177+36.15 | ||||||
| 7 | Owner: JNL-Johnsburg Properties, Inc. | ||||||
| 8 | Index No. 09-13-277-001 | ||||||
| 9 | 09-13-277-002
| ||||||
| 10 | That part of Sub Lot 2 of Lot 28 in Plat Number 3 McHenry, | ||||||
| 11 | County Clerk's Plat of Section 13, Township 45 North, Range 8 | ||||||
| 12 | East of the Third Principal Meridian, according to the plat | ||||||
| 13 | thereof recorded May 6, 1902 as document number 14079, in | ||||||
| 14 | McHenry County, Illinois, described as follows:
| ||||||
| 15 | Commencing at the southeast corner of the Northeast Quarter of | ||||||
| 16 | said Section 13; thence on an assumed bearing of South 89 | ||||||
| 17 | degrees 15 minutes 13 seconds West along the south line of the | ||||||
| 18 | Northeast Quarter of said Section 13, as monumented and | ||||||
| 19 | occupied, a distance of 824.94 feet (825.2 feet, recorded) | ||||||
| 20 | (826.0 feet, recorded) to a point of intersection with the | ||||||
| 21 | Southerly extension of the east line of the grantor; thence | ||||||
| 22 | North 1 degree 20 minutes 53 seconds East along the said | ||||||
| 23 | Southerly extension of the east line of the grantor, a distance | ||||||
| 24 | of 132.49 feet to the northeasterly right of way line of Chapel | ||||||
| |||||||
| |||||||
| 1 | Hill Road recorded January 26, 1932 as document number 100422, | ||||||
| 2 | being also the southeast corner of the grantor; thence North 46 | ||||||
| 3 | degrees 56 minutes 58 seconds West along the said northeasterly | ||||||
| 4 | right of way line of Chapel Hill Road and along the | ||||||
| 5 | northeasterly right of way line of Chapel Hill Road recorded | ||||||
| 6 | January 26, 1932 as document number 100421, a distance of | ||||||
| 7 | 261.08 feet to the point of beginning; thence continuing North | ||||||
| 8 | 46 degrees 56 minutes 58 seconds West along the northeasterly | ||||||
| 9 | right of way line of Chapel Hill Road recorded as document | ||||||
| 10 | number 100421, a distance of 14.94 feet to the east right of | ||||||
| 11 | way line of Chapel Hill Road recorded January 26, 1932 as | ||||||
| 12 | document number 100420; thence North 2 degrees 09 minutes 50 | ||||||
| 13 | seconds East along the said east right of way line of Chapel | ||||||
| 14 | Hill Road and the Northerly extension thereof, a distance of | ||||||
| 15 | 64.92 feet (64.91 feet, more or less, recorded) to the center | ||||||
| 16 | line of Johnsburg Road; thence North 87 degrees 42 minutes 53 | ||||||
| 17 | seconds East along the said center line of Johnsburg Road, a | ||||||
| 18 | distance of 123.08 feet; thence South 2 degrees 17 minutes 07 | ||||||
| 19 | seconds East, a distance of 30.00 feet to the south right of | ||||||
| 20 | way line of Johnsburg Road according to a Plat of Survey by the | ||||||
| 21 | County Surveyor dated October 21, 1952 in Surveyor Book Number | ||||||
| 22 | 5, page 204; thence South 2 degrees 48 minutes 02 seconds East, | ||||||
| 23 | a distance of 1.05 feet; thence westerly 59.83 feet along a | ||||||
| 24 | curve to the left having a radius of 987.47 feet, the chord of | ||||||
| 25 | said curve bears South 85 degrees 27 minutes 49 seconds West, | ||||||
| 26 | 59.82 feet; thence South 70 degrees 14 minutes 11 seconds West, | ||||||
| |||||||
| |||||||
| 1 | a distance of 47.08 feet; thence South 22 degrees 40 minutes 19 | ||||||
| 2 | seconds West, a distance of 30.69 feet to the point of | ||||||
| 3 | beginning.
| ||||||
| 4 | Said parcel containing 0.117 acre, more or less, of which 0.086 | ||||||
| 5 | acre, more or less, was previously dedicated or used for | ||||||
| 6 | highway purposes.
| ||||||
| 7 | (Source: P.A. 98-229, eff. 8-9-13; revised 10-25-13.)
| ||||||
| 8 | Section 735. The Crime Victims Compensation Act is amended | ||||||
| 9 | by changing Section 17 as follows:
| ||||||
| 10 | (740 ILCS 45/17) (from Ch. 70, par. 87)
| ||||||
| 11 | Sec. 17. (a) Subrogation. | ||||||
| 12 | (a) The Court of Claims may award compensation on
the | ||||||
| 13 | condition
that the applicant subrogate to the State his rights | ||||||
| 14 | to collect damages
from the assailant or any third party who | ||||||
| 15 | may be liable in damages to the
applicant. In such a case the | ||||||
| 16 | Attorney General may, on behalf of the State,
bring an action | ||||||
| 17 | against an assailant or third party for money damages, but must
| ||||||
| 18 | first notify the applicant and give him an opportunity to | ||||||
| 19 | participate in
the prosecution of the action. The excess of the | ||||||
| 20 | amount recovered in such
action over the amount of the | ||||||
| 21 | compensation offered and accepted or awarded
under this Act | ||||||
| 22 | plus costs of the action and attorneys' fees actually incurred
| ||||||
| 23 | shall be paid to the applicant.
| ||||||
| |||||||
| |||||||
| 1 | (b) Nothing in this Act affects the right of the applicant | ||||||
| 2 | to seek civil
damages from the assailant and any other party, | ||||||
| 3 | but that applicant must
give written notice to the Attorney | ||||||
| 4 | General within 10 days after the making of a claim or
the | ||||||
| 5 | filing of an action for such damages, and within 10 days after | ||||||
| 6 | the conclusion of the claim or action. The applicant must | ||||||
| 7 | attach to the written notice a copy of the complaint, | ||||||
| 8 | settlement agreement, jury verdict, or judgment. Failure to | ||||||
| 9 | timely notify the
Attorney General of such claims and actions | ||||||
| 10 | is a willful omission of fact and
the applicant thereby becomes | ||||||
| 11 | subject to the provisions of Section 20 of this Act.
| ||||||
| 12 | (c) The State has a charge for the amount of compensation | ||||||
| 13 | paid under this
Act upon all claims or causes of action against | ||||||
| 14 | an assailant and
any other party to recover for the injuries or | ||||||
| 15 | death of a victim which were
the basis for that payment of | ||||||
| 16 | compensation. At the time compensation is
ordered to be paid | ||||||
| 17 | under this Act, the Court of Claims shall give written
notice | ||||||
| 18 | of this charge to the applicant. The charge attaches to any | ||||||
| 19 | verdict or
judgment entered and to any money or property which | ||||||
| 20 | is recovered
on account of the claim or cause of action against | ||||||
| 21 | the assailant
or any other party after the notice is given. On | ||||||
| 22 | petition filed by the
Attorney General on behalf of the State | ||||||
| 23 | or by the applicant, the circuit
court, on written notice to | ||||||
| 24 | all interested parties, shall adjudicate the
right of the | ||||||
| 25 | parties and enforce the charge. This subsection does not affect
| ||||||
| 26 | the priority of a lien under "AN ACT creating attorney's lien | ||||||
| |||||||
| |||||||
| 1 | and for
enforcement of same", filed June 16, 1909, as amended.
| ||||||
| 2 | Only the Court of Claims may reduce the State's lien under | ||||||
| 3 | this Act. The Court of Claims may consider the nature and | ||||||
| 4 | extent of the injury, economic loss, settlements, hospital | ||||||
| 5 | costs, physician costs, attorney's fees and costs, and all | ||||||
| 6 | other appropriate costs. The burden of producing evidence | ||||||
| 7 | sufficient to support the exercise by the Court of Claims of | ||||||
| 8 | its discretion to reduce the amount of a proven charge sought | ||||||
| 9 | to be enforced against the recovery shall rest with the party | ||||||
| 10 | seeking such reduction. The charges of the State described in | ||||||
| 11 | this Section, however, shall take priority over all other liens | ||||||
| 12 | and charges existing under the laws of the State of Illinois. | ||||||
| 13 | (d) Where compensation is awarded under this Act and the | ||||||
| 14 | person receiving
same also receives any sum required to be, and | ||||||
| 15 | that has not been deducted
under Section 10.1, he shall refund | ||||||
| 16 | to the State the amount of compensation
paid to him which would | ||||||
| 17 | have been deducted at the time the award was made.
| ||||||
| 18 | (e) An amount not to exceed 25% of all money recovered | ||||||
| 19 | under subsections
(b) or (c) of this Section shall be placed in | ||||||
| 20 | the Violent Crime Victims
Assistance Fund to assist with costs | ||||||
| 21 | related to recovery
efforts. "Recovery efforts" means those | ||||||
| 22 | activities that are directly
attributable to obtaining | ||||||
| 23 | restitution, civil suit recoveries, and
other reimbursements.
| ||||||
| 24 | (f) The applicant must give written notice to the Attorney | ||||||
| 25 | General within 10 days after an offender is ordered by a court | ||||||
| 26 | to pay restitution. The applicant shall attach a copy of the | ||||||
| |||||||
| |||||||
| 1 | restitution order or judgment to the written notice. Failure to | ||||||
| 2 | timely notify the Attorney General of court-ordered | ||||||
| 3 | restitution is a willful omission of fact and the applicant | ||||||
| 4 | thereby becomes subject to the provisions of Section 20 of this | ||||||
| 5 | Act. The Attorney General may file a written copy of the Court | ||||||
| 6 | of Claims' decision awarding crime victims compensation in a | ||||||
| 7 | criminal case in which the offender has been ordered to pay | ||||||
| 8 | restitution for the victim's expenses incurred as a result of | ||||||
| 9 | the same criminal conduct. Upon the filing of the order, the | ||||||
| 10 | circuit court clerk shall send restitution payments directly to | ||||||
| 11 | the compensation program for any paid expense reflected in the | ||||||
| 12 | Court of Claims' decision. | ||||||
| 13 | (Source: P.A. 97-817, eff. 1-1-13; revised 11-12-13.)
| ||||||
| 14 | Section 740. The Mental Health and Developmental | ||||||
| 15 | Disabilities Confidentiality Act is amended by changing | ||||||
| 16 | Section 12.2 as follows:
| ||||||
| 17 | (740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)
| ||||||
| 18 | Sec. 12.2.
(a) When a recipient who has been judicially or | ||||||
| 19 | involuntarily
admitted, or is a forensic recipient admitted to | ||||||
| 20 | a developmental disability
or mental health facility, as | ||||||
| 21 | defined in Section 1-107 or 1-114 of the
Mental Health and | ||||||
| 22 | Developmental Disabilities Code, is on an unauthorized
absence | ||||||
| 23 | or otherwise has left the facility without being discharged or
| ||||||
| 24 | being free to do so, the facility director shall immediately | ||||||
| |||||||
| |||||||
| 1 | furnish and
disclose to the appropriate local law enforcement | ||||||
| 2 | agency identifying
information, as defined in this Section, and | ||||||
| 3 | all further information
unrelated to the diagnosis, treatment | ||||||
| 4 | or evaluation of the recipient's
mental or physical health that | ||||||
| 5 | would aid the law enforcement agency in
locating and | ||||||
| 6 | apprehending the recipient and returning him to the facility. | ||||||
| 7 | When a forensic recipient is on an unauthorized absence or | ||||||
| 8 | otherwise has left the facility without being discharged or | ||||||
| 9 | being free to do so, the facility director, or designee, of a | ||||||
| 10 | mental health facility or developmental facility operated by | ||||||
| 11 | the Department shall also immediately notify, in like manner, | ||||||
| 12 | the Department of State Police.
| ||||||
| 13 | (b) If a law enforcement agency requests information from a
| ||||||
| 14 | developmental disability or mental health facility, as defined | ||||||
| 15 | in Section
1-107 or 1-114 of the Mental Health and | ||||||
| 16 | Developmental Disabilities Code,
relating to a recipient who | ||||||
| 17 | has been admitted to the facility
and for whom a missing person | ||||||
| 18 | report has been filed with a law enforcement
agency, the | ||||||
| 19 | facility director shall, except in the case of a voluntary
| ||||||
| 20 | recipient wherein the recipient's permission in writing must | ||||||
| 21 | first be
obtained, furnish and disclose to the law enforcement | ||||||
| 22 | agency identifying
information as is necessary to confirm or | ||||||
| 23 | deny whether that person is, or
has been since the missing | ||||||
| 24 | person report was filed, a resident of that
facility. The | ||||||
| 25 | facility director shall notify the law enforcement agency if
| ||||||
| 26 | the missing person is admitted after the request. Any person | ||||||
| |||||||
| |||||||
| 1 | participating
in good faith in the disclosure of information in | ||||||
| 2 | accordance with this
provision shall have immunity from any | ||||||
| 3 | liability, civil, criminal, or
otherwise, if the information is | ||||||
| 4 | disclosed relying upon the representation
of an officer of a | ||||||
| 5 | law enforcement agency that a missing person report has
been | ||||||
| 6 | filed.
| ||||||
| 7 | (c) Upon the request of a law enforcement agency in | ||||||
| 8 | connection with the
investigation of a particular felony or sex | ||||||
| 9 | offense, when the investigation
case file number is furnished | ||||||
| 10 | by the law enforcement agency, a facility
director shall | ||||||
| 11 | immediately disclose to that law enforcement agency
| ||||||
| 12 | identifying information on any forensic recipient who is | ||||||
| 13 | admitted to
a developmental disability or mental health | ||||||
| 14 | facility, as defined in Section
1-107 or 1-114 of the Mental | ||||||
| 15 | Health and Developmental Disabilities Code,
who was or may have | ||||||
| 16 | been away from the facility at or about the time of the
| ||||||
| 17 | commission of a particular felony or sex offense, and: (1) | ||||||
| 18 | whose
description, clothing, or both reasonably match the | ||||||
| 19 | physical description of
any person allegedly involved in that | ||||||
| 20 | particular felony or sex offense; or
(2) whose past modus | ||||||
| 21 | operandi matches the modus operandi of that particular
felony | ||||||
| 22 | or sex offense.
| ||||||
| 23 | (d) For the purposes of this Section and Section 12.1, "law
| ||||||
| 24 | enforcement agency" means an agency of the State or unit of | ||||||
| 25 | local
government that is vested by law or ordinance with the | ||||||
| 26 | duty to maintain
public order and to enforce criminal laws or | ||||||
| |||||||
| |||||||
| 1 | ordinances, the Federal
Bureau of Investigation, the Central | ||||||
| 2 | Intelligence Agency, and the United
States Secret Service.
| ||||||
| 3 | (e) For the purpose of this Section, "identifying | ||||||
| 4 | information" means
the name, address, age, and a physical | ||||||
| 5 | description, including clothing,
of the recipient of services, | ||||||
| 6 | the names and addresses of the
recipient's nearest known | ||||||
| 7 | relatives, where the recipient was known to have been
during | ||||||
| 8 | any past unauthorized absences from a facility, whether the
| ||||||
| 9 | recipient may be suicidal, and the condition of the recipient's | ||||||
| 10 | physical
health as it relates to exposure to the weather. | ||||||
| 11 | Except as provided in
Section 11, in no case shall the facility | ||||||
| 12 | director disclose to the law
enforcement agency any information | ||||||
| 13 | relating to the diagnosis, treatment, or
evaluation of the | ||||||
| 14 | recipient's mental or physical health, unless the
disclosure is | ||||||
| 15 | deemed necessary by the facility director to insure the
safety | ||||||
| 16 | of the investigating officers or general public.
| ||||||
| 17 | (f) For the purpose of this Section, "forensic recipient" | ||||||
| 18 | means a
recipient who is placed in a developmental disability | ||||||
| 19 | facility or mental
health facility, as defined in Section 1-107 | ||||||
| 20 | or 1-114 of the Mental Health
and Developmental Disabilities | ||||||
| 21 | Code, pursuant to Article 104 of the Code of
Criminal Procedure | ||||||
| 22 | of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code
| ||||||
| 23 | of Corrections.
| ||||||
| 24 | (Source: P.A. 96-1191, eff. 7-22-10; revised 11-22-13.)
| ||||||
| 25 | Section 745. The Illinois Parentage Act of 1984 is amended | ||||||
| |||||||
| |||||||
| 1 | by changing Section 15 as follows:
| ||||||
| 2 | (750 ILCS 45/15) (from Ch. 40, par. 2515)
| ||||||
| 3 | Sec. 15. Enforcement of Judgment or Order.
| ||||||
| 4 | (a) If existence of the
parent and child relationship is | ||||||
| 5 | declared, or paternity or duty of support
has been established | ||||||
| 6 | under this Act or under prior law or under the law
of any other | ||||||
| 7 | jurisdiction, the judgment rendered thereunder may be enforced
| ||||||
| 8 | in the same or other proceedings by any party or any person or | ||||||
| 9 | agency that
has furnished or may furnish financial assistance | ||||||
| 10 | or services to the child.
The Income Withholding for Support | ||||||
| 11 | Act and Sections 14 and 16 of this Act shall
also be applicable | ||||||
| 12 | with respect
to entry, modification and enforcement of any | ||||||
| 13 | support judgment entered
under provisions of the "Paternity | ||||||
| 14 | Act", approved July 5, 1957, as amended,
repealed July 1, 1985.
| ||||||
| 15 | (b) Failure to comply with any order of the court shall be | ||||||
| 16 | punishable
as contempt as in other cases of failure to comply | ||||||
| 17 | under the "Illinois
Marriage and Dissolution of Marriage Act", | ||||||
| 18 | as now or hereafter amended. In
addition to other penalties | ||||||
| 19 | provided by law, the court may, after finding
the party guilty | ||||||
| 20 | of contempt, order that the party be:
| ||||||
| 21 | (1) Placed on probation with such conditions of | ||||||
| 22 | probation as the
court deems advisable;
| ||||||
| 23 | (2) Sentenced to periodic imprisonment for a period not | ||||||
| 24 | to exceed 6
months. However, the court may permit the party | ||||||
| 25 | to be released for periods
of time during the day or night | ||||||
| |||||||
| |||||||
| 1 | to work or conduct business or other
self-employed | ||||||
| 2 | occupation. The court may further order any part of all the
| ||||||
| 3 | earnings of a party during a sentence of periodic | ||||||
| 4 | imprisonment to be paid to
the Clerk of the Circuit Court | ||||||
| 5 | or to the person or parent having custody of
the minor | ||||||
| 6 | child for the support of said child until further order of | ||||||
| 7 | the court.
| ||||||
| 8 | (c) (2.5) The court may also pierce the ownership veil of a | ||||||
| 9 | person, persons,
or
business entity to discover assets of a | ||||||
| 10 | non-custodial parent held in the name
of that person, those | ||||||
| 11 | persons, or that business entity if there is a unity of
| ||||||
| 12 | interest and ownership sufficient to render no financial | ||||||
| 13 | separation between the
non-custodial parent and that person, | ||||||
| 14 | those persons, or the business entity.
The following | ||||||
| 15 | circumstances are sufficient for a court to order discovery of
| ||||||
| 16 | the assets of a person, persons, or business entity and to | ||||||
| 17 | compel the
application of any discovered assets toward payment | ||||||
| 18 | on the judgment for
support:
| ||||||
| 19 | (1) The (A) the non-custodial parent and the person, | ||||||
| 20 | persons, or business entity
maintain records together.
| ||||||
| 21 | (2) The (B) the non-custodial parent and the person, | ||||||
| 22 | persons, or business entity
fail to maintain an arms length | ||||||
| 23 | relationship between themselves with regard to
any assets.
| ||||||
| 24 | (3) The (C) the non-custodial parent transfers assets | ||||||
| 25 | to the person, persons,
or business entity with the intent | ||||||
| 26 | to perpetrate a fraud on the custodial
parent.
| ||||||
| |||||||
| |||||||
| 1 | With respect to assets which are real property, no order | ||||||
| 2 | entered under
this subsection (c) subdivision (2.5) shall | ||||||
| 3 | affect the rights of bona fide purchasers,
mortgagees, judgment | ||||||
| 4 | creditors, or other lien holders who acquire their
interests in | ||||||
| 5 | the property prior to the time a notice of lis pendens pursuant | ||||||
| 6 | to
the Code of Civil Procedure or a copy of the order is placed | ||||||
| 7 | of record in the
office of the recorder of deeds for the county | ||||||
| 8 | in which the real property is
located.
| ||||||
| 9 | (d) (3) The court may also order that, in cases where the | ||||||
| 10 | party is 90 days or
more delinquent in payment of support or | ||||||
| 11 | has been adjudicated in arrears in an
amount equal to 90 days | ||||||
| 12 | obligation or more, that the party's
Illinois driving | ||||||
| 13 | privileges be suspended until the court
determines that the | ||||||
| 14 | party is in compliance with the judgement or duty of
support. | ||||||
| 15 | The court may also order that the parent be issued a family
| ||||||
| 16 | financial responsibility driving permit that would allow | ||||||
| 17 | limited
driving privileges for employment and medical purposes | ||||||
| 18 | in
accordance with Section 7-702.1 of the Illinois Vehicle | ||||||
| 19 | Code.
The clerk of the circuit court shall certify the order | ||||||
| 20 | suspending
the driving privileges of the parent or granting the | ||||||
| 21 | issuance of a
family financial responsibility driving permit to | ||||||
| 22 | the Secretary of
State on forms prescribed by the Secretary. | ||||||
| 23 | Upon receipt of the
authenticated documents, the
Secretary of | ||||||
| 24 | State shall suspend the party's driving privileges until | ||||||
| 25 | further
order of the court and shall, if ordered
by the court, | ||||||
| 26 | subject to the provisions of Section 7-702.1 of the Illinois
| ||||||
| |||||||
| |||||||
| 1 | Vehicle Code, issue a family financial responsibility
driving | ||||||
| 2 | permit to the parent.
| ||||||
| 3 | (e) In addition to the penalties or punishment that may be | ||||||
| 4 | imposed under this
Section, any person whose conduct | ||||||
| 5 | constitutes a violation of Section 15 of the
Non-Support | ||||||
| 6 | Punishment Act may be prosecuted
under that Act,
and
a person | ||||||
| 7 | convicted under that Act may be sentenced in
accordance with | ||||||
| 8 | that
Act. The sentence may include but need not be limited to a
| ||||||
| 9 | requirement
that the person
perform community service under | ||||||
| 10 | Section 50 of that
Act or
participate in a work alternative | ||||||
| 11 | program under Section 50
of that Act.
A person may not be | ||||||
| 12 | required to
participate in a work alternative program
under | ||||||
| 13 | Section 50 of that Act if the
person is currently participating
| ||||||
| 14 | in a work program pursuant to Section 15.1 of this Act.
| ||||||
| 15 | (f) (b-5) If a party who is found guilty of contempt for a | ||||||
| 16 | failure to comply with an order to pay support is a person who | ||||||
| 17 | conducts a business or who is self-employed, the court may in | ||||||
| 18 | addition to other penalties provided by law order that the | ||||||
| 19 | party do one or more of the following: (i) provide to the court | ||||||
| 20 | monthly financial statements showing income and expenses from | ||||||
| 21 | the business or the self-employment; (ii) seek employment and | ||||||
| 22 | report periodically to the court with a diary, listing, or | ||||||
| 23 | other memorandum of his or her employment search efforts; or | ||||||
| 24 | (iii) report to the Department of Employment Security for job | ||||||
| 25 | search services to find employment that will be subject to | ||||||
| 26 | withholding of child support. | ||||||
| |||||||
| |||||||
| 1 | (g) (c) In any post-judgment proceeding to enforce or | ||||||
| 2 | modify the judgment
the parties shall continue to be designated | ||||||
| 3 | as in the original proceeding.
| ||||||
| 4 | (Source: P.A. 97-1029, eff. 1-1-13; revised 11-22-13.)
| ||||||
| 5 | Section 750. The Adoption Act is amended by changing | ||||||
| 6 | Section 1 as follows:
| ||||||
| 7 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
| 8 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
| 9 | context
otherwise requires:
| ||||||
| 10 | A. "Child" means a person under legal age subject to | ||||||
| 11 | adoption under
this Act.
| ||||||
| 12 | B. "Related child" means a child subject to adoption where | ||||||
| 13 | either or both of
the adopting parents stands in any of the | ||||||
| 14 | following relationships to the child
by blood or marriage: | ||||||
| 15 | parent, grand-parent, brother, sister, step-parent,
| ||||||
| 16 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
| 17 | great-uncle,
great-aunt, or cousin of first degree. A child | ||||||
| 18 | whose parent has executed
a final irrevocable consent to | ||||||
| 19 | adoption or a final irrevocable surrender
for purposes of | ||||||
| 20 | adoption, or whose parent has had his or her parental rights
| ||||||
| 21 | terminated, is not a related child to that person, unless the | ||||||
| 22 | consent is
determined to be void or is void pursuant to | ||||||
| 23 | subsection O of Section 10.
| ||||||
| 24 | C. "Agency" for the purpose of this Act means a public | ||||||
| |||||||
| |||||||
| 1 | child welfare agency
or a licensed child welfare agency.
| ||||||
| 2 | D. "Unfit person" means any person whom the court shall | ||||||
| 3 | find to be unfit
to have a child, without regard to the | ||||||
| 4 | likelihood that the child will be
placed for adoption. The | ||||||
| 5 | grounds of unfitness are any one or more
of the following, | ||||||
| 6 | except that a person shall not be considered an unfit
person | ||||||
| 7 | for the sole reason that the person has relinquished a child in
| ||||||
| 8 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
| 9 | (a) Abandonment of the child.
| ||||||
| 10 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
| 11 | (a-2) Abandonment of a newborn infant in any setting | ||||||
| 12 | where the evidence
suggests that the parent intended to | ||||||
| 13 | relinquish his or her parental rights.
| ||||||
| 14 | (b) Failure to maintain a reasonable degree of | ||||||
| 15 | interest, concern or
responsibility as to the child's | ||||||
| 16 | welfare.
| ||||||
| 17 | (c) Desertion of the child for more than 3 months next | ||||||
| 18 | preceding the
commencement of the Adoption proceeding.
| ||||||
| 19 | (d) Substantial neglect
of the
child if continuous or | ||||||
| 20 | repeated.
| ||||||
| 21 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
| 22 | of any child
residing in the household which resulted in | ||||||
| 23 | the death of that child.
| ||||||
| 24 | (e) Extreme or repeated cruelty to the child.
| ||||||
| 25 | (f) There is a rebuttable presumption, which can be | ||||||
| 26 | overcome only by clear and convincing evidence, that a | ||||||
| |||||||
| |||||||
| 1 | parent is unfit if:
| ||||||
| 2 | (1) Two or more findings of physical abuse have | ||||||
| 3 | been entered regarding any children under Section 2-21 | ||||||
| 4 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
| 5 | which was determined by the juvenile court
hearing the | ||||||
| 6 | matter to be supported by clear and convincing | ||||||
| 7 | evidence; or | ||||||
| 8 | (2) The parent has been convicted or found not | ||||||
| 9 | guilty by reason of insanity and the conviction or | ||||||
| 10 | finding resulted from the death of any child by | ||||||
| 11 | physical abuse; or
| ||||||
| 12 | (3) There is a finding of physical child abuse | ||||||
| 13 | resulting from the death of any
child under Section | ||||||
| 14 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
| 15 | No conviction or finding of delinquency pursuant | ||||||
| 16 | to Article V 5 of the Juvenile Court Act of 1987 shall | ||||||
| 17 | be considered a criminal conviction for the purpose of | ||||||
| 18 | applying any presumption under this item (f).
| ||||||
| 19 | (g) Failure to protect the child from conditions within | ||||||
| 20 | his environment
injurious to the child's welfare.
| ||||||
| 21 | (h) Other neglect of, or misconduct toward the child; | ||||||
| 22 | provided that in
making a finding of unfitness the court | ||||||
| 23 | hearing the adoption proceeding
shall not be bound by any | ||||||
| 24 | previous finding, order or judgment affecting
or | ||||||
| 25 | determining the rights of the parents toward the child | ||||||
| 26 | sought to be adopted
in any other proceeding except such | ||||||
| |||||||
| |||||||
| 1 | proceedings terminating parental rights
as shall be had | ||||||
| 2 | under either this Act, the Juvenile Court Act or
the | ||||||
| 3 | Juvenile Court Act of 1987.
| ||||||
| 4 | (i) Depravity. Conviction of any one of the following
| ||||||
| 5 | crimes shall create a presumption that a parent is depraved | ||||||
| 6 | which can be
overcome only by clear and convincing | ||||||
| 7 | evidence:
(1) first degree murder in violation of paragraph | ||||||
| 8 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
| 9 | Code of 1961 or the Criminal Code of 2012 or conviction
of | ||||||
| 10 | second degree murder in violation of subsection (a) of | ||||||
| 11 | Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||||||
| 12 | Code of 2012 of a parent of the child to be adopted; (2)
| ||||||
| 13 | first degree murder or second degree murder of any child in
| ||||||
| 14 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
| 15 | of 2012; (3)
attempt or conspiracy to commit first degree | ||||||
| 16 | murder or second degree murder
of any child in violation of | ||||||
| 17 | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| ||||||
| 18 | solicitation to commit murder of any child, solicitation to
| ||||||
| 19 | commit murder of any child for hire, or solicitation to | ||||||
| 20 | commit second
degree murder of any child in violation of | ||||||
| 21 | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| ||||||
| 22 | predatory criminal sexual assault of a child in violation | ||||||
| 23 | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||||||
| 24 | or the Criminal Code of 2012; (6) heinous battery of any | ||||||
| 25 | child in violation of the Criminal Code of 1961; or (7) | ||||||
| 26 | aggravated battery of any child in violation of the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
| 2 | There is a rebuttable presumption that a parent is | ||||||
| 3 | depraved if the parent
has been criminally convicted of at | ||||||
| 4 | least 3 felonies under the laws of this
State or any other | ||||||
| 5 | state, or under federal law, or the criminal laws of any
| ||||||
| 6 | United States territory; and at least
one of these
| ||||||
| 7 | convictions took place within 5 years of the filing of the | ||||||
| 8 | petition or motion
seeking termination of parental rights.
| ||||||
| 9 | There is a rebuttable presumption that a parent is | ||||||
| 10 | depraved if that
parent
has
been criminally convicted of | ||||||
| 11 | either first or second degree murder of any person
as | ||||||
| 12 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
| 13 | of 2012 within 10 years of the filing date of
the petition | ||||||
| 14 | or motion to terminate parental rights. | ||||||
| 15 | No conviction or finding of delinquency pursuant to | ||||||
| 16 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
| 17 | considered a criminal conviction for the purpose of | ||||||
| 18 | applying any presumption under this item (i).
| ||||||
| 19 | (j) Open and notorious adultery or fornication.
| ||||||
| 20 | (j-1) (Blank).
| ||||||
| 21 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
| 22 | than those
prescribed by a physician, for at least one year | ||||||
| 23 | immediately
prior to the commencement of the unfitness | ||||||
| 24 | proceeding.
| ||||||
| 25 | There is a rebuttable presumption that a parent is | ||||||
| 26 | unfit under this
subsection
with respect to any child to | ||||||
| |||||||
| |||||||
| 1 | which that parent gives birth where there is a
confirmed
| ||||||
| 2 | test result that at birth the child's blood, urine, or | ||||||
| 3 | meconium contained any
amount of a controlled substance as | ||||||
| 4 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
| 5 | Controlled Substances Act or metabolites of such | ||||||
| 6 | substances, the
presence of which in the newborn infant was | ||||||
| 7 | not the result of medical treatment
administered to the | ||||||
| 8 | mother or the newborn infant; and the biological mother of
| ||||||
| 9 | this child is the biological mother of at least one other | ||||||
| 10 | child who was
adjudicated a neglected minor under | ||||||
| 11 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
| 12 | 1987.
| ||||||
| 13 | (l) Failure to demonstrate a reasonable degree of | ||||||
| 14 | interest, concern or
responsibility as to the welfare of a | ||||||
| 15 | new born child during the first 30
days after its birth.
| ||||||
| 16 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
| 17 | to correct the
conditions that were the basis for the | ||||||
| 18 | removal of the child from the
parent during any 9-month | ||||||
| 19 | period following the adjudication of neglected or abused | ||||||
| 20 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
| 21 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
| 22 | to make reasonable progress
toward the return of the
child | ||||||
| 23 | to the parent during any 9-month period following the | ||||||
| 24 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
| 25 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
| 26 | Section 2-4 of that Act.
If a service plan has been | ||||||
| |||||||
| |||||||
| 1 | established as
required under
Section 8.2 of the Abused and | ||||||
| 2 | Neglected Child Reporting Act to correct the
conditions | ||||||
| 3 | that were the basis for the removal of the child from the | ||||||
| 4 | parent
and if those services were available,
then, for | ||||||
| 5 | purposes of this Act, "failure to make reasonable progress | ||||||
| 6 | toward the
return of the child to the parent" includes the | ||||||
| 7 | parent's failure to substantially fulfill his or her | ||||||
| 8 | obligations
under
the service plan and correct the | ||||||
| 9 | conditions that brought the child into care
during any | ||||||
| 10 | 9-month period
following the adjudication under Section | ||||||
| 11 | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
| 12 | Notwithstanding any other provision, when a petition or | ||||||
| 13 | motion seeks to terminate parental rights on the basis of | ||||||
| 14 | item (ii) of this subsection (m), the petitioner shall file | ||||||
| 15 | with the court and serve on the parties a pleading that | ||||||
| 16 | specifies the 9-month period or periods relied on. The | ||||||
| 17 | pleading shall be filed and served on the parties no later | ||||||
| 18 | than 3 weeks before the date set by the court for closure | ||||||
| 19 | of discovery, and the allegations in the pleading shall be | ||||||
| 20 | treated as incorporated into the petition or motion. | ||||||
| 21 | Failure of a respondent to file a written denial of the | ||||||
| 22 | allegations in the pleading shall not be treated as an | ||||||
| 23 | admission that the allegations are true.
| ||||||
| 24 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
| 25 | child
has been in foster care for 15 months out of any 22 | ||||||
| 26 | month period which begins
on or after the effective date of | ||||||
| |||||||
| |||||||
| 1 | this amendatory Act of 1998 unless the
child's parent can | ||||||
| 2 | prove
by a preponderance of the evidence that it is more | ||||||
| 3 | likely than not that it will
be in the best interests of | ||||||
| 4 | the child to be returned to the parent within 6
months of | ||||||
| 5 | the date on which a petition for termination of parental | ||||||
| 6 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
| 7 | 15 month time limit is tolled
during
any period for which | ||||||
| 8 | there is a court finding that the appointed custodian or
| ||||||
| 9 | guardian failed to make reasonable efforts to reunify the | ||||||
| 10 | child with his or her
family, provided that (i) the finding | ||||||
| 11 | of no reasonable efforts is made within
60 days of the | ||||||
| 12 | period when reasonable efforts were not made or (ii) the | ||||||
| 13 | parent
filed a motion requesting a finding of no reasonable | ||||||
| 14 | efforts within 60 days of
the period when reasonable | ||||||
| 15 | efforts were not made. For purposes of this
subdivision | ||||||
| 16 | (m-1), the date of entering foster care is the earlier of: | ||||||
| 17 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
| 18 | hearing that the child is an abused,
neglected, or | ||||||
| 19 | dependent minor; or (ii) 60 days after the date on which | ||||||
| 20 | the
child is removed from his or her parent, guardian, or | ||||||
| 21 | legal custodian.
| ||||||
| 22 | (n) Evidence of intent to forgo his or her parental | ||||||
| 23 | rights,
whether or
not the child is a ward of the court, | ||||||
| 24 | (1) as manifested
by his or her failure for a period of 12 | ||||||
| 25 | months: (i) to visit the child,
(ii) to communicate with | ||||||
| 26 | the child or agency, although able to do so and
not | ||||||
| |||||||
| |||||||
| 1 | prevented from doing so by an agency or by court order, or | ||||||
| 2 | (iii) to
maintain contact with or plan for the future of | ||||||
| 3 | the child, although physically
able to do so, or (2) as | ||||||
| 4 | manifested by the father's failure, where he
and the mother | ||||||
| 5 | of the child were unmarried to each other at the time of | ||||||
| 6 | the
child's birth, (i) to commence legal proceedings to | ||||||
| 7 | establish his paternity
under the Illinois Parentage Act of | ||||||
| 8 | 1984 or the law of the jurisdiction of
the child's birth | ||||||
| 9 | within 30 days of being informed, pursuant to Section 12a
| ||||||
| 10 | of this Act, that he is the father or the likely father of | ||||||
| 11 | the child or,
after being so informed where the child is | ||||||
| 12 | not yet born, within 30 days of
the child's birth, or (ii) | ||||||
| 13 | to make a good faith effort to pay a reasonable
amount of | ||||||
| 14 | the expenses related to the birth of the child and to | ||||||
| 15 | provide a
reasonable amount for the financial support of | ||||||
| 16 | the child, the court to
consider in its determination all | ||||||
| 17 | relevant circumstances, including the
financial condition | ||||||
| 18 | of both parents; provided that the ground for
termination | ||||||
| 19 | provided in this subparagraph (n)(2)(ii) shall only be
| ||||||
| 20 | available where the petition is brought by the mother or | ||||||
| 21 | the husband of
the mother.
| ||||||
| 22 | Contact or communication by a parent with his or her | ||||||
| 23 | child that does not
demonstrate affection and concern does | ||||||
| 24 | not constitute reasonable contact
and planning under | ||||||
| 25 | subdivision (n). In the absence of evidence to the
| ||||||
| 26 | contrary, the ability to visit, communicate, maintain | ||||||
| |||||||
| |||||||
| 1 | contact, pay
expenses and plan for the future shall be | ||||||
| 2 | presumed. The subjective intent
of the parent, whether | ||||||
| 3 | expressed or otherwise, unsupported by evidence of
the | ||||||
| 4 | foregoing parental acts manifesting that intent, shall not | ||||||
| 5 | preclude a
determination that the parent has intended to | ||||||
| 6 | forgo his or her
parental
rights. In making this | ||||||
| 7 | determination, the court may consider but shall not
require | ||||||
| 8 | a showing of diligent efforts by an authorized agency to | ||||||
| 9 | encourage
the parent to perform the acts specified in | ||||||
| 10 | subdivision (n).
| ||||||
| 11 | It shall be an affirmative defense to any allegation | ||||||
| 12 | under paragraph
(2) of this subsection that the father's | ||||||
| 13 | failure was due to circumstances
beyond his control or to | ||||||
| 14 | impediments created by the mother or any other
person | ||||||
| 15 | having legal custody. Proof of that fact need only be by a
| ||||||
| 16 | preponderance of the evidence.
| ||||||
| 17 | (o) Repeated or continuous failure by the parents, | ||||||
| 18 | although physically
and financially able, to provide the | ||||||
| 19 | child with adequate food, clothing,
or shelter.
| ||||||
| 20 | (p) Inability to discharge parental responsibilities | ||||||
| 21 | supported by
competent evidence from a psychiatrist, | ||||||
| 22 | licensed clinical social
worker, or clinical psychologist | ||||||
| 23 | of mental
impairment, mental illness or an intellectual | ||||||
| 24 | disability as defined in Section
1-116 of the Mental Health | ||||||
| 25 | and Developmental Disabilities Code, or
developmental | ||||||
| 26 | disability as defined in Section 1-106 of that Code, and
| ||||||
| |||||||
| |||||||
| 1 | there is sufficient justification to believe that the | ||||||
| 2 | inability to
discharge parental responsibilities shall | ||||||
| 3 | extend beyond a reasonable
time period. However, this | ||||||
| 4 | subdivision (p) shall not be construed so as to
permit a | ||||||
| 5 | licensed clinical social worker to conduct any medical | ||||||
| 6 | diagnosis to
determine mental illness or mental | ||||||
| 7 | impairment.
| ||||||
| 8 | (q) (Blank).
| ||||||
| 9 | (r) The child is in the temporary custody or | ||||||
| 10 | guardianship of the
Department of Children and Family | ||||||
| 11 | Services, the parent is incarcerated as a
result of | ||||||
| 12 | criminal conviction at the time the petition or motion for
| ||||||
| 13 | termination of parental rights is filed, prior to | ||||||
| 14 | incarceration the parent had
little or no contact with the | ||||||
| 15 | child or provided little or no support for the
child, and | ||||||
| 16 | the parent's incarceration will prevent the parent from | ||||||
| 17 | discharging
his or her parental responsibilities for the | ||||||
| 18 | child for a period in excess of 2
years after the filing of | ||||||
| 19 | the petition or motion for termination of parental
rights.
| ||||||
| 20 | (s) The child is in the temporary custody or | ||||||
| 21 | guardianship of the
Department of Children and Family | ||||||
| 22 | Services, the parent is incarcerated at the
time the | ||||||
| 23 | petition or motion for termination of parental rights is | ||||||
| 24 | filed, the
parent has been repeatedly incarcerated as a | ||||||
| 25 | result of criminal convictions,
and the parent's repeated | ||||||
| 26 | incarceration has prevented the parent from
discharging | ||||||
| |||||||
| |||||||
| 1 | his or her parental responsibilities for the child.
| ||||||
| 2 | (t) A finding that at birth the child's blood,
urine, | ||||||
| 3 | or meconium contained any amount of a controlled substance | ||||||
| 4 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
| 5 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
| 6 | substance, with the exception of
controlled substances or | ||||||
| 7 | metabolites of such substances, the presence of which
in | ||||||
| 8 | the newborn infant was the result of medical treatment | ||||||
| 9 | administered to the
mother or the newborn infant, and that | ||||||
| 10 | the biological mother of this child is
the biological | ||||||
| 11 | mother of at least one other child who was adjudicated a
| ||||||
| 12 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
| 13 | Juvenile Court Act
of 1987, after which the biological | ||||||
| 14 | mother had the opportunity to enroll in
and participate in | ||||||
| 15 | a clinically appropriate substance abuse
counseling, | ||||||
| 16 | treatment, and rehabilitation program.
| ||||||
| 17 | E. "Parent" means the father or mother of a lawful child of | ||||||
| 18 | the parties or child born out of wedlock. For the purpose of | ||||||
| 19 | this Act, a person who has executed a final and
irrevocable | ||||||
| 20 | consent to adoption or a final and irrevocable surrender for
| ||||||
| 21 | purposes of adoption, or whose parental rights have been | ||||||
| 22 | terminated by a
court, is not a parent of the child who was the | ||||||
| 23 | subject of the consent or
surrender, unless the consent is void | ||||||
| 24 | pursuant to subsection O of Section 10.
| ||||||
| 25 | F. A person is available for adoption when the person is:
| ||||||
| 26 | (a) a child who has been surrendered for adoption to an | ||||||
| |||||||
| |||||||
| 1 | agency and to
whose adoption the agency has thereafter | ||||||
| 2 | consented;
| ||||||
| 3 | (b) a child to whose adoption a person authorized by | ||||||
| 4 | law, other than his
parents, has consented, or to whose | ||||||
| 5 | adoption no consent is required pursuant
to Section 8 of | ||||||
| 6 | this Act;
| ||||||
| 7 | (c) a child who is in the custody of persons who intend | ||||||
| 8 | to adopt him
through placement made by his parents;
| ||||||
| 9 | (c-1) a child for whom a parent has signed a specific | ||||||
| 10 | consent pursuant
to subsection O of Section 10;
| ||||||
| 11 | (d) an adult who meets the conditions set forth in | ||||||
| 12 | Section 3 of this
Act; or
| ||||||
| 13 | (e) a child who has been relinquished as defined in | ||||||
| 14 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
| 15 | A person who would otherwise be available for adoption | ||||||
| 16 | shall not be
deemed unavailable for adoption solely by reason | ||||||
| 17 | of his or her death.
| ||||||
| 18 | G. The singular includes the plural and the plural includes
| ||||||
| 19 | the singular and the "male" includes the "female", as the | ||||||
| 20 | context of this
Act may require.
| ||||||
| 21 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
| 22 | does not
prove successful and it becomes necessary for the | ||||||
| 23 | child to be removed from
placement before the adoption is | ||||||
| 24 | finalized.
| ||||||
| 25 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
| 26 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
| |||||||
| |||||||
| 1 | promulgated thereunder.
| ||||||
| 2 | J. "Immediate relatives" means the biological parents, the | ||||||
| 3 | parents of
the biological parents and siblings of the | ||||||
| 4 | biological parents.
| ||||||
| 5 | K. "Intercountry adoption" is a process by which a child | ||||||
| 6 | from a country
other than the United States is adopted by | ||||||
| 7 | persons who are habitual residents of the United States, or the | ||||||
| 8 | child is a habitual resident of the United States who is | ||||||
| 9 | adopted by persons who are habitual residents of a country | ||||||
| 10 | other than the United States.
| ||||||
| 11 | L. "Intercountry Adoption Coordinator" means a staff | ||||||
| 12 | person of the
Department of Children and Family Services | ||||||
| 13 | appointed by the Director to
coordinate the provision of | ||||||
| 14 | services related to an intercountry adoption.
| ||||||
| 15 | M. "Interstate Compact on the Placement of Children" is a | ||||||
| 16 | law enacted by all
states and certain territories for the | ||||||
| 17 | purpose of establishing uniform procedures for handling
the | ||||||
| 18 | interstate placement of children in foster homes, adoptive | ||||||
| 19 | homes, or
other child care facilities.
| ||||||
| 20 | N. (Blank).
| ||||||
| 21 | O. "Preadoption requirements" means any conditions or | ||||||
| 22 | standards established by the laws or administrative rules of | ||||||
| 23 | this State that must be met by a prospective adoptive parent
| ||||||
| 24 | prior to the placement of a child in an adoptive home.
| ||||||
| 25 | P. "Abused child" means a child whose parent or immediate | ||||||
| 26 | family member,
or any person responsible for the child's | ||||||
| |||||||
| |||||||
| 1 | welfare, or any individual
residing in the same home as the | ||||||
| 2 | child, or a paramour of the child's parent:
| ||||||
| 3 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
| 4 | inflicted upon
the child physical injury, by other than | ||||||
| 5 | accidental means, that causes
death, disfigurement, | ||||||
| 6 | impairment of physical or emotional health, or loss
or | ||||||
| 7 | impairment of any bodily function;
| ||||||
| 8 | (b) creates a substantial risk of physical injury to | ||||||
| 9 | the child by
other than accidental means which would be | ||||||
| 10 | likely to cause death,
disfigurement, impairment of | ||||||
| 11 | physical or emotional health, or loss or
impairment of any | ||||||
| 12 | bodily function;
| ||||||
| 13 | (c) commits or allows to be committed any sex offense | ||||||
| 14 | against the child,
as sex offenses are defined in the | ||||||
| 15 | Criminal Code of 2012
and extending those definitions of | ||||||
| 16 | sex offenses to include children under
18 years of age;
| ||||||
| 17 | (d) commits or allows to be committed an act or acts of | ||||||
| 18 | torture upon
the child; or
| ||||||
| 19 | (e) inflicts excessive corporal punishment.
| ||||||
| 20 | Q. "Neglected child" means any child whose parent or other | ||||||
| 21 | person
responsible for the child's welfare withholds or denies | ||||||
| 22 | nourishment or
medically indicated treatment including food or | ||||||
| 23 | care denied solely on the
basis of the present or anticipated | ||||||
| 24 | mental or physical impairment as determined
by a physician | ||||||
| 25 | acting alone or in consultation with other physicians or
| ||||||
| 26 | otherwise does not provide the proper or necessary support, | ||||||
| |||||||
| |||||||
| 1 | education
as required by law, or medical or other remedial care | ||||||
| 2 | recognized under State
law as necessary for a child's | ||||||
| 3 | well-being, or other care necessary for his
or her well-being, | ||||||
| 4 | including adequate food, clothing and shelter; or who
is | ||||||
| 5 | abandoned by his or her parents or other person responsible for | ||||||
| 6 | the child's
welfare.
| ||||||
| 7 | A child shall not be considered neglected or abused for the
| ||||||
| 8 | sole reason that the child's parent or other person responsible | ||||||
| 9 | for his
or her welfare depends upon spiritual means through | ||||||
| 10 | prayer alone for the
treatment or cure of disease or remedial | ||||||
| 11 | care as provided under Section 4
of the Abused and Neglected | ||||||
| 12 | Child Reporting Act.
A child shall not be considered neglected | ||||||
| 13 | or abused for the sole reason that
the child's parent or other | ||||||
| 14 | person responsible for the child's welfare failed
to vaccinate, | ||||||
| 15 | delayed vaccination, or refused vaccination for the child
due | ||||||
| 16 | to a waiver on religious or medical grounds as permitted by | ||||||
| 17 | law.
| ||||||
| 18 | R. "Putative father" means a man who may be a child's | ||||||
| 19 | father, but who (1) is
not married to the child's mother on or | ||||||
| 20 | before the date that the child was or
is to be born and (2) has | ||||||
| 21 | not established paternity of the child in a court
proceeding | ||||||
| 22 | before the filing of a petition for the adoption of the child. | ||||||
| 23 | The
term includes a male who is less than 18 years of age. | ||||||
| 24 | "Putative father" does
not mean a man who is the child's father | ||||||
| 25 | as a result of criminal sexual abuse
or assault as defined | ||||||
| 26 | under Article 11 of the Criminal Code of 2012.
| ||||||
| |||||||
| |||||||
| 1 | S. "Standby adoption" means an adoption in which a parent
| ||||||
| 2 | consents to custody and termination of parental rights to | ||||||
| 3 | become
effective upon the occurrence of a future event, which | ||||||
| 4 | is either the death of
the
parent or the request of the parent
| ||||||
| 5 | for the entry of a final judgment of adoption.
| ||||||
| 6 | T. (Blank).
| ||||||
| 7 | U. "Interstate adoption" means the placement of a minor | ||||||
| 8 | child with a prospective adoptive parent for the purpose of | ||||||
| 9 | pursuing an adoption for that child that is subject to the | ||||||
| 10 | provisions of the Interstate Compact on Placement of Children. | ||||||
| 11 | V. "Endorsement letter" means the letter issued by the | ||||||
| 12 | Department of Children and Family Services to document that a | ||||||
| 13 | prospective adoptive parent has met preadoption requirements | ||||||
| 14 | and has been deemed suitable by the Department to adopt a child | ||||||
| 15 | who is the subject of an intercountry adoption. | ||||||
| 16 | W. "Denial letter" means the letter issued by the | ||||||
| 17 | Department of Children and Family Services to document that a | ||||||
| 18 | prospective adoptive parent has not met preadoption | ||||||
| 19 | requirements and has not been deemed suitable by the Department | ||||||
| 20 | to adopt a child who is the subject of an intercountry | ||||||
| 21 | adoption. | ||||||
| 22 | (Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; | ||||||
| 23 | 97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff. | ||||||
| 24 | 1-1-14; revised 9-24-13.)
| ||||||
| 25 | Section 755. The Illinois Religious Freedom Protection and | ||||||
| |||||||
| |||||||
| 1 | Civil Union Act is amended by changing Section 25 as follows:
| ||||||
| 2 | (750 ILCS 75/25)
| ||||||
| 3 | Sec. 25. Prohibited civil unions. The following civil | ||||||
| 4 | unions are prohibited: | ||||||
| 5 | (1) a civil union entered into prior to both parties | ||||||
| 6 | attaining 18 years of age; | ||||||
| 7 | (2) a civil union entered into prior to the dissolution | ||||||
| 8 | of a marriage or civil union or substantially similar legal | ||||||
| 9 | relationship of one of the parties; | ||||||
| 10 | (3) a civil union between an ancestor and a descendant | ||||||
| 11 | descendent or between siblings whether the relationship is | ||||||
| 12 | by the half or the whole blood or by adoption; | ||||||
| 13 | (4) a civil union between an aunt or uncle and a niece | ||||||
| 14 | or nephew, whether the relationship is by the half or the | ||||||
| 15 | whole blood or by adoption; and | ||||||
| 16 | (5) a civil union between first cousins.
| ||||||
| 17 | (Source: P.A. 96-1513, eff. 6-1-11; revised 11-22-13.)
| ||||||
| 18 | Section 760. The Probate Act of 1975 is amended by changing | ||||||
| 19 | Sections 11a-10 and 11a-23 as follows:
| ||||||
| 20 | (755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
| ||||||
| 21 | Sec. 11a-10. Procedures preliminary to hearing.
| ||||||
| 22 | (a) Upon the filing of a petition pursuant to Section | ||||||
| 23 | 11a-8, the court shall
set a date and place for hearing to take | ||||||
| |||||||
| |||||||
| 1 | place within 30 days. The court
shall appoint a guardian ad | ||||||
| 2 | litem to report to the court concerning the
respondent's best | ||||||
| 3 | interests consistent with the provisions of this Section,
| ||||||
| 4 | except that
the appointment of a guardian ad litem shall not be | ||||||
| 5 | required when
the court determines that such appointment is not | ||||||
| 6 | necessary for the protection
of the respondent or a reasonably | ||||||
| 7 | informed decision on the petition.
If the guardian ad litem is | ||||||
| 8 | not a licensed attorney, he or she shall be
qualified,
by
| ||||||
| 9 | training or experience, to work with or advocate for the | ||||||
| 10 | developmentally
disabled, mentally ill, physically disabled, | ||||||
| 11 | the elderly, or persons disabled
because of mental | ||||||
| 12 | deterioration, depending on the type of disability that is
| ||||||
| 13 | alleged in the petition.
The court may allow the guardian ad | ||||||
| 14 | litem reasonable compensation. The
guardian ad litem may | ||||||
| 15 | consult with a person who by training or experience is
| ||||||
| 16 | qualified to work with persons with a developmental disability, | ||||||
| 17 | persons with
mental illness, or physically disabled persons, or | ||||||
| 18 | persons disabled because of
mental deterioration, depending on | ||||||
| 19 | the type of disability that is alleged.
The guardian ad litem | ||||||
| 20 | shall personally observe the respondent prior to the
hearing | ||||||
| 21 | and shall inform
him orally and in writing of the contents of | ||||||
| 22 | the petition and of his rights
under Section 11a-11.
The | ||||||
| 23 | guardian ad litem shall also attempt to elicit the respondent's | ||||||
| 24 | position
concerning the adjudication of disability, the | ||||||
| 25 | proposed guardian, a proposed
change in residential placement, | ||||||
| 26 | changes in care that might result from the
guardianship, and | ||||||
| |||||||
| |||||||
| 1 | other areas of inquiry deemed appropriate by the court.
| ||||||
| 2 | Notwithstanding any provision in the Mental Health and | ||||||
| 3 | Developmental Disabilities Confidentiality Act or any other | ||||||
| 4 | law, a guardian ad litem shall have the right to inspect and | ||||||
| 5 | copy any medical or mental health record of the respondent | ||||||
| 6 | which the guardian ad litem deems necessary, provided that the | ||||||
| 7 | information so disclosed shall not be utilized for any other | ||||||
| 8 | purpose nor be redisclosed except in connection with the | ||||||
| 9 | proceedings. At or before the hearing, the guardian ad litem | ||||||
| 10 | shall file a written report
detailing his or her observations | ||||||
| 11 | of the respondent, the responses of the
respondent to any of | ||||||
| 12 | the inquires detailed in this Section, the opinion of the
| ||||||
| 13 | guardian
ad litem or other professionals with whom the guardian | ||||||
| 14 | ad litem consulted
concerning the appropriateness of | ||||||
| 15 | guardianship, and any other material issue
discovered by the | ||||||
| 16 | guardian ad litem. The guardian ad litem shall appear at the
| ||||||
| 17 | hearing and testify as to any issues presented in his or her | ||||||
| 18 | report.
| ||||||
| 19 | (b) The court (1) may appoint counsel for the respondent, | ||||||
| 20 | if the court finds
that the interests of the respondent will be | ||||||
| 21 | best served by the appointment,
and (2) shall appoint counsel | ||||||
| 22 | upon respondent's request or if the respondent
takes a position | ||||||
| 23 | adverse to that of the guardian ad litem. The respondent
shall | ||||||
| 24 | be permitted to obtain the appointment of counsel either at the | ||||||
| 25 | hearing
or by any written or oral request communicated to the | ||||||
| 26 | court prior to the
hearing. The summons shall inform the | ||||||
| |||||||
| |||||||
| 1 | respondent of this right to obtain
appointed counsel. The court | ||||||
| 2 | may allow counsel for the respondent reasonable
compensation.
| ||||||
| 3 | (c) If the respondent is unable to pay the fee of the | ||||||
| 4 | guardian ad litem or
appointed counsel, or both, the court may | ||||||
| 5 | enter an order for
the petitioner to
pay all
such
fees or such | ||||||
| 6 | amounts as the respondent or the respondent's estate may be | ||||||
| 7 | unable
to pay.
However, in cases where the Office of State | ||||||
| 8 | Guardian is the petitioner,
consistent with Section 30 of the | ||||||
| 9 | Guardianship and Advocacy Act, where the public guardian is the | ||||||
| 10 | petitioner, consistent with Section 13-5 of the Probate Act of | ||||||
| 11 | 1975,
where an adult protective services agency is the | ||||||
| 12 | petitioner, pursuant to
Section 9 of the Adult Protective | ||||||
| 13 | Services Act, or where the Department of Children and Family | ||||||
| 14 | Services is the petitioner under subparagraph (d) of subsection | ||||||
| 15 | (1) of Section 2-27 of the Juvenile Court Act of 1987, no | ||||||
| 16 | guardian ad litem or legal fees shall be assessed against the | ||||||
| 17 | Office of
State Guardian, the public guardian, or the adult | ||||||
| 18 | protective services agency, or the Department of Children and | ||||||
| 19 | Family Services.
| ||||||
| 20 | (d) The hearing may be held at such convenient place as the | ||||||
| 21 | court directs,
including at a facility in which the respondent | ||||||
| 22 | resides.
| ||||||
| 23 | (e) Unless he is the petitioner, the respondent shall be | ||||||
| 24 | personally
served with a copy of the petition and a summons not | ||||||
| 25 | less than 14 days
before the hearing.
The summons shall be | ||||||
| 26 | printed in large, bold type and shall include the
following | ||||||
| |||||||
| |||||||
| 1 | notice:
| ||||||
| 2 | NOTICE OF RIGHTS OF RESPONDENT
| ||||||
| 3 | You have been named as a respondent in a guardianship | ||||||
| 4 | petition asking that
you be declared a disabled person. If the | ||||||
| 5 | court grants the petition, a
guardian will be appointed for | ||||||
| 6 | you. A copy of the guardianship petition is
attached for your | ||||||
| 7 | convenience.
| ||||||
| 8 | The date and time of the hearing are:
| ||||||
| 9 | The place where the hearing will occur is:
| ||||||
| 10 | The Judge's name and phone number is:
| ||||||
| 11 | If a guardian is appointed for you, the guardian may be | ||||||
| 12 | given the right to
make all
important personal decisions for | ||||||
| 13 | you, such as where you may live, what medical
treatment you may | ||||||
| 14 | receive, what places you may visit, and who may visit you. A
| ||||||
| 15 | guardian may also be given the right to control and manage your | ||||||
| 16 | money and other
property, including your home, if you own one. | ||||||
| 17 | You may lose the right to make
these decisions for yourself.
| ||||||
| 18 | You have the following legal rights:
| ||||||
| 19 | (1) You have the right to be present at the court | ||||||
| 20 | hearing.
| ||||||
| 21 | (2) You have the right to be represented by a lawyer, | ||||||
| 22 | either one that you
retain, or one appointed by the Judge.
| ||||||
| 23 | (3) You have the right to ask for a jury of six persons | ||||||
| 24 | to hear your case.
| ||||||
| 25 | (4) You have the right to present evidence to the court | ||||||
| 26 | and to confront
and
cross-examine witnesses.
| ||||||
| |||||||
| |||||||
| 1 | (5) You have the right to ask the Judge to appoint an | ||||||
| 2 | independent expert
to examine you and give an opinion about | ||||||
| 3 | your need for a guardian.
| ||||||
| 4 | (6) You have the right to ask that the court hearing be | ||||||
| 5 | closed to the
public.
| ||||||
| 6 | (7) You have the right to tell the court whom you | ||||||
| 7 | prefer to have for your
guardian.
| ||||||
| 8 | You do not have to attend the court hearing if you do not | ||||||
| 9 | want to be there.
If you do not attend, the Judge may appoint a | ||||||
| 10 | guardian if the Judge finds that
a guardian would be of benefit | ||||||
| 11 | to you. The hearing will not be postponed or
canceled if you do | ||||||
| 12 | not attend.
| ||||||
| 13 | IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | ||||||
| 14 | NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | ||||||
| 15 | PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | ||||||
| 16 | IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
OTHER | ||||||
| 17 | PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | ||||||
| 18 | TELL THE
JUDGE.
| ||||||
| 19 | Service of summons and the petition may be made by a | ||||||
| 20 | private person 18
years
of
age or over who is not a party to the | ||||||
| 21 | action.
| ||||||
| 22 | (f) Notice of the time and place of the hearing shall be | ||||||
| 23 | given by the
petitioner by mail or in person to those persons, | ||||||
| 24 | including the proposed
guardian, whose names and addresses
| ||||||
| 25 | appear in the petition and who do not waive notice, not less | ||||||
| 26 | than 14 days
before the hearing.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-375, eff. 8-15-11; 97-1095, eff. 8-24-12; | ||||||
| 2 | 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; revised 9-24-13.)
| ||||||
| 3 | (755 ILCS 5/11a-23)
| ||||||
| 4 | Sec. 11a-23. Reliance on authority of guardian, standby | ||||||
| 5 | guardian,
short-term guardian. | ||||||
| 6 | (a) For the purpose of this Section, "guardian", "standby | ||||||
| 7 | guardian", and
"short-term guardian" includes temporary, | ||||||
| 8 | plenary,
or limited guardians of all wards.
| ||||||
| 9 | (b) Every health care provider and other person (reliant) | ||||||
| 10 | has the right to
rely on any decision or direction made by the | ||||||
| 11 | guardian, standby guardian, or
short-term guardian that is not | ||||||
| 12 | clearly contrary to the law, to the same
extent
and with the | ||||||
| 13 | same effect as though the decision or direction had been made | ||||||
| 14 | or
given by the ward. Any person dealing with the guardian, | ||||||
| 15 | standby guardian,
or
short-term guardian may presume in the | ||||||
| 16 | absence of actual knowledge to the
contrary that the acts of | ||||||
| 17 | the guardian, standby guardian, or short-term
guardian conform | ||||||
| 18 | to the provisions of the law. A reliant shall not be
protected | ||||||
| 19 | if the reliant has actual knowledge that the guardian, standby
| ||||||
| 20 | guardian, or short-term guardian is not entitled to act or that | ||||||
| 21 | any
particular action or inaction is contrary to the provisions | ||||||
| 22 | of the law.
| ||||||
| 23 | (c) A health care provider (provider) who relies on and | ||||||
| 24 | carries out a
guardian's, standby guardian's, or short-term | ||||||
| 25 | guardian's directions and who
acts with due care and in | ||||||
| |||||||
| |||||||
| 1 | accordance with the law shall not be subject to any
claim based | ||||||
| 2 | on lack of consent, or to criminal prosecution, or to
| ||||||
| 3 | discipline for unprofessional conduct. Nothing in this Section | ||||||
| 4 | shall be deemed
to protect a provider from liability for the | ||||||
| 5 | provider's own negligence in the
performance of the provider's | ||||||
| 6 | duties or in carrying out any instructions of the
guardian, | ||||||
| 7 | standby guardian, or short-term guardian, and nothing in this
| ||||||
| 8 | Section shall be deemed to alter the law of negligence as it | ||||||
| 9 | applies to the
acts of any guardian or provider.
| ||||||
| 10 | (d) A guardian, standby guardian, or short-term short term | ||||||
| 11 | guardian, who acts or
refrains from acting is not subject to | ||||||
| 12 | criminal prosecution or any claim based
upon lack of his or her | ||||||
| 13 | authority or failure to act, if the act or failure to
act was | ||||||
| 14 | with due care and in accordance with law. The guardian, standby
| ||||||
| 15 | guardian, or short-term short term guardian, shall not be | ||||||
| 16 | liable merely because he or
she
may benefit from the act, has | ||||||
| 17 | individual or conflicting interests in relation
to the care and | ||||||
| 18 | affairs of the ward, or acts in a different manner with
respect | ||||||
| 19 | to the guardian's, standby guardian's, or short-term | ||||||
| 20 | guardian's
own care or interests.
| ||||||
| 21 | (Source: P.A. 89-438, eff. 12-15-95; 90-796, eff. 12-15-98; | ||||||
| 22 | revised 11-22-13.)
| ||||||
| 23 | Section 765. The Illinois Power of Attorney Act is amended | ||||||
| 24 | by changing Sections 2-7 and 2-10 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7)
| ||||||
| 2 | Sec. 2-7. Duty - standard of care - record-keeping - | ||||||
| 3 | exoneration. | ||||||
| 4 | (a) The agent shall be under
no duty to exercise the powers | ||||||
| 5 | granted by the agency or to assume control
of or responsibility | ||||||
| 6 | for any of the principal's property, care or affairs,
| ||||||
| 7 | regardless of the principal's physical or mental condition. | ||||||
| 8 | Whenever a
power is exercised, the agent shall act in good | ||||||
| 9 | faith for the benefit of
the principal using due care, | ||||||
| 10 | competence, and diligence in accordance with the terms of the | ||||||
| 11 | agency and shall be
liable for negligent exercise. An agent who | ||||||
| 12 | acts with due care for the
benefit of the principal shall not | ||||||
| 13 | be liable or limited merely because the
agent also benefits | ||||||
| 14 | from the act, has individual or conflicting interests
in | ||||||
| 15 | relation to the property, care or affairs of the principal or | ||||||
| 16 | acts in a
different manner with respect to the agency and the | ||||||
| 17 | agent's individual
interests.
The agent shall not be
affected | ||||||
| 18 | by any amendment or termination
of the agency until the agent | ||||||
| 19 | has actual knowledge thereof. The agent
shall not be liable for | ||||||
| 20 | any loss due to error of judgment nor for the act
or default of | ||||||
| 21 | any other person.
| ||||||
| 22 | (b) An agent that has accepted appointment must act in | ||||||
| 23 | accordance with the principal's expectations to the extent | ||||||
| 24 | actually known to the agent and otherwise in the principal's | ||||||
| 25 | best interests. | ||||||
| 26 | (c) An agent shall keep a record of all receipts, | ||||||
| |||||||
| |||||||
| 1 | disbursements, and significant actions taken under the | ||||||
| 2 | authority of the agency and shall provide a copy of this record | ||||||
| 3 | when requested to do so by: | ||||||
| 4 | (1) the principal, a guardian, another fiduciary | ||||||
| 5 | acting on behalf of the principal, and, after the death of | ||||||
| 6 | the principal, the personal representative or successors | ||||||
| 7 | in interest of the principal's estate; | ||||||
| 8 | (2) a representative of a provider agency, as defined | ||||||
| 9 | in Section 2 of the Adult Protective Services Act, acting | ||||||
| 10 | in the course of an assessment of a complaint of elder | ||||||
| 11 | abuse or neglect under that Act; | ||||||
| 12 | (3) a representative of the Office of the State Long | ||||||
| 13 | Term Care Ombudsman, acting in the course of an | ||||||
| 14 | investigation of a complaint of financial exploitation of a | ||||||
| 15 | nursing home resident under Section 4.04 of the Illinois | ||||||
| 16 | Act on the Aging; | ||||||
| 17 | (4) a representative of the Office of Inspector General | ||||||
| 18 | for the Department of Human Services, acting in the course | ||||||
| 19 | of an assessment of a complaint of financial exploitation | ||||||
| 20 | of an adult with disabilities pursuant to Section 35 of the | ||||||
| 21 | Abuse of Adults with Disabilities Intervention Act; | ||||||
| 22 | (5) a court under Section 2-10 of this Act; or | ||||||
| 23 | (6) a representative of the Office of State Guardian or | ||||||
| 24 | public guardian for the county in which the principal | ||||||
| 25 | resides acting in the course of investigating whether to | ||||||
| 26 | file a petition for guardianship of the principal under | ||||||
| |||||||
| |||||||
| 1 | Section 11a-4 or 11a-8 of the Probate Act of 1975. | ||||||
| 2 | (d) If the agent fails to provide his or her record of all | ||||||
| 3 | receipts, disbursements, and significant actions within 21 | ||||||
| 4 | days after a request under subsection (c), the adult abuse | ||||||
| 5 | provider agency, the State Guardian, the public guardian, or | ||||||
| 6 | the State Long Term Care Ombudsman may petition the court for | ||||||
| 7 | an order requiring the agent to produce his or her record of | ||||||
| 8 | receipts, disbursements, and significant actions. If the court | ||||||
| 9 | finds that the agent's failure to provide his or her record in | ||||||
| 10 | a timely manner to the adult abuse provider agency, the State | ||||||
| 11 | Guardian, the public guardian, or the State Long Term Care | ||||||
| 12 | Ombudsman was without good cause, the court may assess | ||||||
| 13 | reasonable costs and attorney's fees against the agent, and | ||||||
| 14 | order such other relief as is appropriate. | ||||||
| 15 | (e) An agent is not required to disclose receipts, | ||||||
| 16 | disbursements, or other significant actions conducted on | ||||||
| 17 | behalf of the principal except as otherwise provided in the | ||||||
| 18 | power of attorney or as required under subsection (c). | ||||||
| 19 | (f) An agent that violates this Act is liable to the | ||||||
| 20 | principal or the principal's successors in interest for the | ||||||
| 21 | amount required (i) to restore the value of the principal's | ||||||
| 22 | property to what it would have been had the violation not | ||||||
| 23 | occurred, and (ii) to reimburse the principal or the | ||||||
| 24 | principal's successors in interest for the attorney's fees and | ||||||
| 25 | costs paid on the agent's behalf. This subsection does not | ||||||
| 26 | limit any other applicable legal or equitable remedies. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13; revised | ||||||
| 2 | 9-24-13.)
| ||||||
| 3 | (755 ILCS 45/2-10) (from Ch. 110 1/2, par. 802-10)
| ||||||
| 4 | Sec. 2-10. Agency-court relationship. | ||||||
| 5 | (a) Upon petition by any interested
person (including the | ||||||
| 6 | agent), with such notice to interested persons as the
court | ||||||
| 7 | directs and a finding by the court that the principal
lacks | ||||||
| 8 | either the capacity to control or the capacity to revoke the | ||||||
| 9 | agency, the court may construe a power of attorney, review the | ||||||
| 10 | agent's conduct, and grant appropriate relief including | ||||||
| 11 | compensatory damages. | ||||||
| 12 | (b) If the court finds
that the agent is not acting for the | ||||||
| 13 | benefit of the principal in accordance
with the terms of the | ||||||
| 14 | agency or that the agent's action or inaction has
caused or | ||||||
| 15 | threatens substantial harm to the principal's person or | ||||||
| 16 | property
in a manner not authorized or intended by the | ||||||
| 17 | principal, the court may
order a guardian of the principal's | ||||||
| 18 | person or estate to exercise any powers
of the principal under | ||||||
| 19 | the agency, including the power to revoke the
agency, or may | ||||||
| 20 | enter such other orders without appointment of a guardian as
| ||||||
| 21 | the court deems necessary to provide for the best interests of | ||||||
| 22 | the
principal. | ||||||
| 23 | (c) If the court finds that the agency requires
| ||||||
| 24 | interpretation, the court may construe the agency and instruct | ||||||
| 25 | the agent,
but the court may not amend the agency. | ||||||
| |||||||
| |||||||
| 1 | (d) If the court finds that the agent has not acted for the | ||||||
| 2 | benefit of the principal in accordance with the terms of the | ||||||
| 3 | agency and the Illinois Power of Attorney Act, or that the | ||||||
| 4 | agent's action caused or threatened substantial harm to the | ||||||
| 5 | principal's person or property in a manner not authorized or | ||||||
| 6 | intended by the principal, then the agent shall not be | ||||||
| 7 | authorized to pay or be reimbursed from the estate of the | ||||||
| 8 | principal the attorneys' fees and costs of the agent in | ||||||
| 9 | defending a proceeding brought pursuant to this Section. | ||||||
| 10 | (e) Upon a finding that the agent's action has caused | ||||||
| 11 | substantial harm to the principal's person or property, the | ||||||
| 12 | court may assess against the agent reasonable costs and | ||||||
| 13 | attorney's fees to a prevailing party who is a provider agency | ||||||
| 14 | as defined in Section 2 of the Adult Protective Services Act, a | ||||||
| 15 | representative of the Office of the State Long Term Care | ||||||
| 16 | Ombudsman, the State Guardian, a public guardian, or a | ||||||
| 17 | governmental agency having regulatory authority to protect the | ||||||
| 18 | welfare of the principal. | ||||||
| 19 | (f) As used in this Section, the term "interested person" | ||||||
| 20 | includes (1) the principal or the agent; (2) a guardian of the | ||||||
| 21 | person, guardian of the estate, or other fiduciary charged with | ||||||
| 22 | management of the principal's property; (3) the principal's | ||||||
| 23 | spouse, parent, or descendant; (4) a person who would be a | ||||||
| 24 | presumptive heir-at-law of the principal; (5) a person named as | ||||||
| 25 | a beneficiary to receive any property, benefit, or contractual | ||||||
| 26 | right upon the principal's death, or as a beneficiary of a | ||||||
| |||||||
| |||||||
| 1 | trust created by or for the principal; (6) a provider agency as | ||||||
| 2 | defined in Section 2 of the Adult Protective Services Act, a | ||||||
| 3 | representative of the Office of the State Long Term Care | ||||||
| 4 | Ombudsman, the State Guardian, a public guardian, or a | ||||||
| 5 | governmental agency having regulatory authority to protect the | ||||||
| 6 | welfare of the principal; and (7) the principal's caregiver or | ||||||
| 7 | another person who demonstrates sufficient interest in the | ||||||
| 8 | principal's welfare. | ||||||
| 9 | (g) Absent court order directing a
guardian to exercise | ||||||
| 10 | powers of the principal under the agency, a guardian
will have | ||||||
| 11 | no power, duty or liability with respect to any property | ||||||
| 12 | subject
to the agency or any personal or health care matters | ||||||
| 13 | covered by the agency. | ||||||
| 14 | (h)
Proceedings under this Section shall be commenced in | ||||||
| 15 | the county where the
guardian was appointed or, if no Illinois | ||||||
| 16 | guardian is acting, then in the
county where the agent or | ||||||
| 17 | principal resides or where the principal owns real property.
| ||||||
| 18 | (i) This Section shall not be construed to limit any other | ||||||
| 19 | remedies available. | ||||||
| 20 | (Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13; revised | ||||||
| 21 | 9-24-13.)
| ||||||
| 22 | Section 770. The Illinois Anatomical Gift Act is amended by | ||||||
| 23 | changing Section 1-10 as follows:
| ||||||
| 24 | (755 ILCS 50/1-10) (was 755 ILCS 50/2)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 1-10. Definitions.
| ||||||
| 2 | "Close friend" means any person 18 years of age or older | ||||||
| 3 | who has exhibited
special care
and concern for the decedent and | ||||||
| 4 | who presents an affidavit to the decedent's
attending | ||||||
| 5 | physician,
or the hospital administrator or his or her | ||||||
| 6 | designated representative, stating
that he or she (i) was a
| ||||||
| 7 | close friend of the decedent, (ii) is willing and able to | ||||||
| 8 | authorize the
donation, and (iii)
maintained such regular | ||||||
| 9 | contact with the decedent as to be familiar with the
decedent's | ||||||
| 10 | health
and social history, and religious and moral beliefs. The | ||||||
| 11 | affidavit must also
state facts and
circumstances that | ||||||
| 12 | demonstrate that familiarity.
| ||||||
| 13 | "Death" means, for the purposes of the Act, when, according | ||||||
| 14 | to accepted medical standards, there is (i) an irreversible | ||||||
| 15 | cessation of circulatory and respiratory functions; or (ii) an | ||||||
| 16 | irreversible cessation of all functions of the entire brain, | ||||||
| 17 | including the brain stem.
| ||||||
| 18 | "Decedent" means a deceased individual and includes a | ||||||
| 19 | stillborn
infant or fetus.
| ||||||
| 20 | "Disinterested witness" means a witness other than the | ||||||
| 21 | spouse, child, parent, sibling, grandchild, grandparent, or | ||||||
| 22 | guardian of the individual who makes, amends, revokes, or | ||||||
| 23 | refuses to make an anatomical gift, or another adult who | ||||||
| 24 | exhibited special care and concern for the individual. The term | ||||||
| 25 | does not include a person to whom an anatomical gift could pass | ||||||
| 26 | under Section 5-12. | ||||||
| |||||||
| |||||||
| 1 | "Document of gift" means a donor card or other record used | ||||||
| 2 | to make an anatomical gift. The term includes a donor registry. | ||||||
| 3 | "Donee" means the individual designated by the donor as the | ||||||
| 4 | intended recipient or an entity which receives the anatomical | ||||||
| 5 | gift, including, but not limited to, a hospital; an accredited | ||||||
| 6 | medical school, dental school, college, or university; an organ | ||||||
| 7 | procurement organization; an eye bank; a tissue bank; for | ||||||
| 8 | research or education, a non-transplant anatomic bank; or other | ||||||
| 9 | appropriate person. | ||||||
| 10 | "Donor" means an individual whose body or part is the | ||||||
| 11 | subject of an anatomical gift..
| ||||||
| 12 | "Hospital" means a hospital licensed, accredited or | ||||||
| 13 | approved under
the laws of any state; and includes a hospital | ||||||
| 14 | operated by the United
States government, a state, or a | ||||||
| 15 | subdivision thereof, although not required
to be licensed under | ||||||
| 16 | state laws.
| ||||||
| 17 | "Non-transplant anatomic bank" means any facility or | ||||||
| 18 | program operating or providing services in this State that is | ||||||
| 19 | accredited by the American Association of Tissue Banks and that | ||||||
| 20 | is involved in procuring, furnishing, or distributing whole | ||||||
| 21 | bodies or parts for the purpose of medical education. For | ||||||
| 22 | purposes of this Section, a non-transplant anatomic bank | ||||||
| 23 | operating under the auspices of a hospital, accredited medical | ||||||
| 24 | school, dental school, college or university, or federally | ||||||
| 25 | designated organ procurement organization is not required to be | ||||||
| 26 | accredited by the American Association of Tissue Banks.
| ||||||
| |||||||
| |||||||
| 1 | "Organ" means a human kidney, liver, heart, lung, pancreas, | ||||||
| 2 | small bowel, or
other
transplantable vascular body part as | ||||||
| 3 | determined by the Organ Procurement and
Transplantation
| ||||||
| 4 | Network, as periodically selected by the U.S. Department of | ||||||
| 5 | Health and Human
Services.
| ||||||
| 6 | "Organ procurement organization" means the organ | ||||||
| 7 | procurement organization designated by the Secretary of the | ||||||
| 8 | U.S. Department of Health and Human Services for the service | ||||||
| 9 | area in which a hospital is located, or the organ procurement | ||||||
| 10 | organization for which the Secretary of the U.S. Department of | ||||||
| 11 | Health and Human Services has granted the hospital a waiver | ||||||
| 12 | pursuant to 42 U.S.C. 1320b-8(a).
| ||||||
| 13 | "Part" means organs, tissues, eyes, bones, arteries, | ||||||
| 14 | blood, other
fluids and any other portions of a human body.
| ||||||
| 15 | "Person" means an individual, corporation, government or
| ||||||
| 16 | governmental subdivision or agency, business trust, estate, | ||||||
| 17 | trust,
partnership or association or any other legal entity.
| ||||||
| 18 | "Physician" or "surgeon" means a physician or surgeon | ||||||
| 19 | licensed or
authorized to practice medicine in all of its | ||||||
| 20 | branches under the laws of
any state.
| ||||||
| 21 | "Procurement organization" means an organ procurement | ||||||
| 22 | organization or a tissue bank. | ||||||
| 23 | "Reasonably available for the giving of consent or refusal" | ||||||
| 24 | means being able to be contacted by a procurement organization | ||||||
| 25 | without undue effort and being willing and able to act in a | ||||||
| 26 | timely manner consistent with existing medical criteria | ||||||
| |||||||
| |||||||
| 1 | necessary for the making of an anatomical gift. | ||||||
| 2 | "Recipient" means an individual into whose body a donor's | ||||||
| 3 | part has been or is intended to be transplanted. | ||||||
| 4 | "State" includes any state, district, commonwealth, | ||||||
| 5 | territory,
insular possession, and any other area subject to | ||||||
| 6 | the legislative authority
of the United States of America.
| ||||||
| 7 | "Technician" means an individual trained and certified to | ||||||
| 8 | remove
tissue, by a recognized medical training institution in | ||||||
| 9 | the State of
Illinois.
| ||||||
| 10 | "Tissue" means eyes, bones, heart valves, veins, skin, and | ||||||
| 11 | any other portions
of
a human
body excluding blood, blood | ||||||
| 12 | products or organs. | ||||||
| 13 | "Tissue bank" means any facility or program operating in | ||||||
| 14 | Illinois that is
accredited by
the American Association of | ||||||
| 15 | Tissue Banks, the Eye Bank Association of America,
or the
| ||||||
| 16 | Association of Organ Procurement Organizations and is involved | ||||||
| 17 | in procuring,
furnishing,
donating, or distributing corneas, | ||||||
| 18 | bones, or other human tissue for the purpose
of injecting,
| ||||||
| 19 | transfusing, or transplanting any of them into the human body | ||||||
| 20 | or for the purpose of research or education. "Tissue bank"
does | ||||||
| 21 | not include
a licensed blood bank. For the purposes of this | ||||||
| 22 | Act, "tissue" does not include
organs or blood or
blood | ||||||
| 23 | products.
| ||||||
| 24 | (Source: P.A. 98-172, eff. 1-1-14; revised 11-22-13.)
| ||||||
| 25 | Section 775. The Common Interest Community Association Act | ||||||
| |||||||
| |||||||
| 1 | is amended by changing Section 1-30 as follows:
| ||||||
| 2 | (765 ILCS 160/1-30)
| ||||||
| 3 | Sec. 1-30. Board duties and obligations; records. | ||||||
| 4 | (a) The board shall meet at least 4 times annually. | ||||||
| 5 | (b) A common interest community association may not enter | ||||||
| 6 | into a contract with a current board member, or with a | ||||||
| 7 | corporation or partnership in which a board member or a member | ||||||
| 8 | of his or her immediate family has 25% or more interest, unless | ||||||
| 9 | notice of intent to enter into the contract is given to members | ||||||
| 10 | within 20 days after a decision is made to enter into the | ||||||
| 11 | contract and the members are afforded an opportunity by filing | ||||||
| 12 | a petition, signed by 20% of the membership, for an election to | ||||||
| 13 | approve or disapprove the contract; such petition shall be | ||||||
| 14 | filed within 20 days after such notice and such election shall | ||||||
| 15 | be held within 30 days after filing the petition. For purposes | ||||||
| 16 | of this subsection, a board member's immediate family means the | ||||||
| 17 | board member's spouse, parents, siblings, and children. | ||||||
| 18 | (c) The bylaws shall provide for the maintenance, repair, | ||||||
| 19 | and replacement of the common areas and payments therefor, | ||||||
| 20 | including the method of approving payment vouchers. | ||||||
| 21 | (d) (Blank). | ||||||
| 22 | (e) The association may engage the services of a manager or | ||||||
| 23 | management company. | ||||||
| 24 | (f) The association shall have one class of membership | ||||||
| 25 | unless the declaration or bylaws provide otherwise; however, | ||||||
| |||||||
| |||||||
| 1 | this subsection (f) shall not be construed to limit the | ||||||
| 2 | operation of subsection (c) of Section 1-20 of this Act. | ||||||
| 3 | (g) The board shall have the power, after notice and an | ||||||
| 4 | opportunity to be heard, to levy and collect reasonable fines | ||||||
| 5 | from members or unit owners for violations of the declaration, | ||||||
| 6 | bylaws, and rules and regulations of the common interest | ||||||
| 7 | community association. | ||||||
| 8 | (h) Other than attorney's fees and court or arbitration | ||||||
| 9 | costs, no fees pertaining to the collection of a member's or | ||||||
| 10 | unit owner's financial obligation to the association, | ||||||
| 11 | including fees charged by a manager or managing agent, shall be | ||||||
| 12 | added to and deemed a part of a member's or unit owner's | ||||||
| 13 | respective share of the common expenses unless: (i) the | ||||||
| 14 | managing agent fees relate to the costs to collect common | ||||||
| 15 | expenses for the association; (ii) the fees are set forth in a | ||||||
| 16 | contract between the managing agent and the association; and | ||||||
| 17 | (iii) the authority to add the management fees to a member's or | ||||||
| 18 | unit owner's respective share of the common expenses is | ||||||
| 19 | specifically stated in the declaration or bylaws of the | ||||||
| 20 | association. | ||||||
| 21 | (i) Board records. | ||||||
| 22 | (1) The board shall maintain the following records of | ||||||
| 23 | the association and make them available for examination and | ||||||
| 24 | copying at convenient hours of weekdays by any member or | ||||||
| 25 | unit owner in a common interest community subject to the | ||||||
| 26 | authority of the board, their mortgagees, and their duly | ||||||
| |||||||
| |||||||
| 1 | authorized agents or attorneys: | ||||||
| 2 | (i) Copies of the recorded declaration, other | ||||||
| 3 | community instruments, other duly recorded covenants | ||||||
| 4 | and bylaws and any amendments, articles of | ||||||
| 5 | incorporation, annual reports, and any rules and | ||||||
| 6 | regulations adopted by the board shall be available. | ||||||
| 7 | Prior to the organization of the board, the developer | ||||||
| 8 | shall maintain and make available the records set forth | ||||||
| 9 | in this paragraph (i) for examination and copying. | ||||||
| 10 | (ii) Detailed and accurate records in | ||||||
| 11 | chronological order of the receipts and expenditures | ||||||
| 12 | affecting the common areas, specifying and itemizing | ||||||
| 13 | the maintenance and repair expenses of the common areas | ||||||
| 14 | and any other expenses incurred, and copies of all | ||||||
| 15 | contracts, leases, or other agreements entered into by | ||||||
| 16 | the board shall be maintained. | ||||||
| 17 | (iii) The minutes of all meetings of the board | ||||||
| 18 | which shall be maintained for not less than 7 years. | ||||||
| 19 | (iv) With a written statement of a proper purpose, | ||||||
| 20 | ballots and proxies related thereto, if any, for any | ||||||
| 21 | election held for the board and for any other matters | ||||||
| 22 | voted on by the members, which shall be maintained for | ||||||
| 23 | not less than one year. | ||||||
| 24 | (v) With a written statement of a proper purpose, | ||||||
| 25 | such other records of the board as are available for | ||||||
| 26 | inspection by members of a not-for-profit corporation | ||||||
| |||||||
| |||||||
| 1 | pursuant to Section 107.75 of the General Not For | ||||||
| 2 | Profit Corporation Act of 1986 shall be maintained. | ||||||
| 3 | (vi) With respect to units owned by a land trust, a | ||||||
| 4 | living trust, or other legal entity, the trustee, | ||||||
| 5 | officer, or manager of the entity may designate, in | ||||||
| 6 | writing, a person to cast votes on behalf of the member | ||||||
| 7 | or unit owner and a designation shall remain in effect | ||||||
| 8 | until a subsequent document is filed with the | ||||||
| 9 | association. | ||||||
| 10 | (2) Where a request for records under this subsection | ||||||
| 11 | is made in writing to the board or its agent, failure to | ||||||
| 12 | provide the requested record or to respond within 30 days | ||||||
| 13 | shall be deemed a denial by the board. | ||||||
| 14 | (3) A reasonable fee may be charged by the board for | ||||||
| 15 | the cost of retrieving and copying records properly | ||||||
| 16 | requested. | ||||||
| 17 | (4) If the board fails to provide records properly | ||||||
| 18 | requested under paragraph (1) of this subsection (i) within | ||||||
| 19 | the time period provided in that paragraph (1), the member | ||||||
| 20 | may seek appropriate relief and shall be entitled to an | ||||||
| 21 | award of reasonable attorney's fees and costs if the member | ||||||
| 22 | prevails and the court finds that such failure is due to | ||||||
| 23 | the acts or omissions of the board of managers or the board | ||||||
| 24 | of directors. | ||||||
| 25 | (j) The board shall have standing and capacity to act in a | ||||||
| 26 | representative capacity in relation to matters involving the | ||||||
| |||||||
| |||||||
| 1 | common areas or more than one unit, on behalf of the members or | ||||||
| 2 | unit owners as their interests may appear.
| ||||||
| 3 | (Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12; | ||||||
| 4 | 98-232, eff. 1-1-14; 98-241, eff. 8-9-13; revised 9-24-13.)
| ||||||
| 5 | Section 780. The Illinois Coordinate System Act is amended | ||||||
| 6 | by changing Section 3 as follows:
| ||||||
| 7 | (765 ILCS 225/3) (from Ch. 133, par. 103)
| ||||||
| 8 | Sec. 3.
For the purpose of the use of the Illinois | ||||||
| 9 | Coordinate System,
the State is divided into an "East Zone" and | ||||||
| 10 | a "West Zone".
| ||||||
| 11 | The area now included in the following counties constitutes | ||||||
| 12 | the "East Zone":
Boone, Champaign, Clark, Clay, Coles, Cook, | ||||||
| 13 | Crawford, Cumberland, DeKalb,
DeWitt, Douglas, DuPage, Edgar, | ||||||
| 14 | Edwards, Effingham, Fayette, Ford, Franklin,
Gallatin, Grundy, | ||||||
| 15 | Hamilton, Hardin, Iroquois, Jasper, Jefferson, Johnson,
Kane, | ||||||
| 16 | Kankakee, Kendall, Lake, LaSalle, Lawrence, Livingston, | ||||||
| 17 | McHenry, McLean,
Macon, Marion, Massac, Moultrie, Piatt, Pope, | ||||||
| 18 | Richland, Saline, Shelby,
Vermilion, Wabash, Wayne, White, | ||||||
| 19 | Will and Williamson.
| ||||||
| 20 | The area now included in the following counties constitutes | ||||||
| 21 | the "West Zone":
Adams, Alexander, Bond, Brown, Bureau, | ||||||
| 22 | Calhoun, Carroll, Cass, Christian,
Clinton, Fulton, Greene, | ||||||
| 23 | Hancock, Henderson, Henry, Jackson, Jersey, Jo Daviess | ||||||
| 24 | JoDaviess,
Knox, Lee, Logan, McDonough, Macoupin, Madison, | ||||||
| |||||||
| |||||||
| 1 | Marshall, Mason, Menard,
Mercer, Monroe, Montgomery, Morgan, | ||||||
| 2 | Ogle, Peoria, Perry, Pike, Pulaski,
Putnam, Randolph, Rock | ||||||
| 3 | Island, St. Clair, Sangamon, Schuyler, Scott, Stark,
| ||||||
| 4 | Stephenson, Tazewell, Union, Warren, Washington, Whiteside, | ||||||
| 5 | Winnebago and Woodford.
| ||||||
| 6 | (Source: P.A. 83-742; revised 11-22-13.)
| ||||||
| 7 | Section 785. The Security Deposit Return Act is amended by | ||||||
| 8 | changing Section 1.2 as follows:
| ||||||
| 9 | (765 ILCS 710/1.2) | ||||||
| 10 | Sec. 1.2. Security deposit transfer. Notwithstanding | ||||||
| 11 | Section 1.1, when a lessor transfers actual possession of a | ||||||
| 12 | security deposit received from a lessee, including any | ||||||
| 13 | statutory interest that has not been paid to a lessee, to a | ||||||
| 14 | holder of the certificate of sale or deed issued pursuant to | ||||||
| 15 | that certificate or, if no certificate or deed was issued, the | ||||||
| 16 | purchaser of a foreclosed property under Article XV 15 of the | ||||||
| 17 | Code of Civil Procedure, the holder or purchaser shall be | ||||||
| 18 | liable to a lessee for the transferred security deposit, | ||||||
| 19 | including any statutory interest that has not been paid to the | ||||||
| 20 | lessee, as provided in this Act. Within 21 days after the | ||||||
| 21 | transfer of the security deposits and receipt of the name and | ||||||
| 22 | address of any lessee who paid a deposit, the holder or | ||||||
| 23 | purchaser shall post a written notice on the primary entrance | ||||||
| 24 | of each dwelling unit at the property with respect to which the | ||||||
| |||||||
| |||||||
| 1 | holder or purchaser has acquired actual possession of a | ||||||
| 2 | security deposit. The written notice shall state that the | ||||||
| 3 | holder or purchaser has acquired the security deposit paid by | ||||||
| 4 | the lessee in connection with the lessee's rental of that | ||||||
| 5 | dwelling unit.
| ||||||
| 6 | (Source: P.A. 97-575, eff. 8-26-11; revised 11-22-13.)
| ||||||
| 7 | Section 790. The Cemetery Protection Act is amended by | ||||||
| 8 | changing Sections 13 and 14 as follows:
| ||||||
| 9 | (765 ILCS 835/13) (from Ch. 21, par. 21.6)
| ||||||
| 10 | Sec. 13. In the event that, at any time within one year | ||||||
| 11 | after adjudication
of abandonment, the owner or claimant of an | ||||||
| 12 | a interment right, entombment rights in a community mausoleum | ||||||
| 13 | or lawn crypt section, or an inurnment right in a community | ||||||
| 14 | columbarium which has
been adjudged abandoned, shall contact | ||||||
| 15 | the court or the cemetery authority
and pay all maintenance or | ||||||
| 16 | care charges that are
due and unpaid, shall reimburse the | ||||||
| 17 | cemetery authority for the costs of
suit and necessary expenses | ||||||
| 18 | incurred in the proceeding with respect to such
interment | ||||||
| 19 | right, entombment rights in a community mausoleum or lawn crypt | ||||||
| 20 | section, or inurnment right in a community columbarium and | ||||||
| 21 | shall contract for its future care and
maintenance, then such | ||||||
| 22 | lot, or part thereof,
shall not be sold as herein
provided and, | ||||||
| 23 | upon petition of the owner or claimant, the order or judgment
| ||||||
| 24 | adjudging
the same to have been abandoned shall be vacated as | ||||||
| |||||||
| |||||||
| 1 | to such interment right, entombment rights in a community | ||||||
| 2 | mausoleum or lawn crypt section, or inurnment right in a | ||||||
| 3 | community columbarium.
| ||||||
| 4 | (Source: P.A. 94-44, eff. 6-17-05; revised 11-22-13.)
| ||||||
| 5 | (765 ILCS 835/14) (from Ch. 21, par. 21.7)
| ||||||
| 6 | Sec. 14. After the expiration of one year from the date of | ||||||
| 7 | entry of an
order adjudging an a interment right, entombment | ||||||
| 8 | rights in a community mausoleum or lawn crypt section, or | ||||||
| 9 | inurnment right in a community columbarium to have been | ||||||
| 10 | abandoned, a cemetery
authority shall have the right to do so | ||||||
| 11 | and may sell such interment right, entombment rights in a | ||||||
| 12 | community mausoleum or lawn crypt section, or inurnment right | ||||||
| 13 | in a community columbarium at public sale and grant an easement | ||||||
| 14 | therein for burial purposes
to the purchaser at such sale, | ||||||
| 15 | subject to the interment of any human
remains theretofore | ||||||
| 16 | placed therein and the right to maintain memorials
placed | ||||||
| 17 | thereon. A cemetery authority may bid at and purchase such | ||||||
| 18 | interment right, entombment rights in a community mausoleum or | ||||||
| 19 | lawn crypt section, or inurnment right in a community | ||||||
| 20 | columbarium at such sale.
| ||||||
| 21 | Notice of the time and place of any sale held pursuant to | ||||||
| 22 | an order
adjudicating abandonment of a cemetery interment | ||||||
| 23 | right, entombment rights in a community mausoleum or lawn crypt | ||||||
| 24 | section, or inurnment right in a community columbarium shall be | ||||||
| 25 | published
once in a newspaper of general circulation in the | ||||||
| |||||||
| |||||||
| 1 | county in which the
cemetery is located, such publication to be | ||||||
| 2 | not less than 30 days prior to
the date of sale.
| ||||||
| 3 | The proceeds derived from any sale shall be used to | ||||||
| 4 | reimburse the
petitioner for the costs of suit and necessary | ||||||
| 5 | expenses, including
attorney's fees, incurred by petitioner in | ||||||
| 6 | the proceeding, and the balance,
if any, shall be deposited | ||||||
| 7 | into the cemetery authority's care fund or, if
there is no care | ||||||
| 8 | fund, used by the cemetery authority for the care of its
| ||||||
| 9 | cemetery and for no other purpose.
| ||||||
| 10 | (Source: P.A. 94-44, eff. 6-17-05; revised 11-22-13.)
| ||||||
| 11 | Section 795. The Uniform Disposition of Unclaimed Property | ||||||
| 12 | Act is amended by changing Section 18 as follows:
| ||||||
| 13 | (765 ILCS 1025/18) (from Ch. 141, par. 118)
| ||||||
| 14 | Sec. 18. Deposit of funds received under the Act.
| ||||||
| 15 | (a) The State Treasurer shall retain all funds received | ||||||
| 16 | under this Act,
including the proceeds from
the sale of | ||||||
| 17 | abandoned property under Section 17, in a trust fund. The State | ||||||
| 18 | Treasurer may deposit any amount in the Trust Fund into the | ||||||
| 19 | State Pensions Fund during the fiscal year at his or her | ||||||
| 20 | discretion; however, he or she shall,
on April 15 and October | ||||||
| 21 | 15 of each year, deposit any amount in the trust fund
exceeding | ||||||
| 22 | $2,500,000 into the State Pensions Fund. If on either April 15 | ||||||
| 23 | or October 15, the State Treasurer determines that a balance of | ||||||
| 24 | $2,500,000 is insufficient for the prompt payment of unclaimed | ||||||
| |||||||
| |||||||
| 1 | property claims authorized under this Act, the Treasurer may | ||||||
| 2 | retain more than $2,500,000 in the Unclaimed Property Trust | ||||||
| 3 | Fund in order to ensure the prompt payment of claims. Beginning | ||||||
| 4 | in State fiscal year 2015, all amounts that are deposited into | ||||||
| 5 | the State Pensions Fund from the Unclaimed Property Trust Fund | ||||||
| 6 | shall be apportioned to the designated retirement systems as | ||||||
| 7 | provided in subsection (c-6) of Section 8.12 of the State | ||||||
| 8 | Finance Act to reduce their actuarial reserve deficiencies. He | ||||||
| 9 | or she shall make prompt payment of claims he or she
duly | ||||||
| 10 | allows as provided for in this Act for the trust fund.
Before | ||||||
| 11 | making the deposit the State Treasurer
shall record the name | ||||||
| 12 | and last known address of each person appearing from the
| ||||||
| 13 | holders' reports to be entitled to the abandoned property. The | ||||||
| 14 | record shall be
available for public inspection during | ||||||
| 15 | reasonable business
hours.
| ||||||
| 16 | (b) Before making any deposit to the credit of the State | ||||||
| 17 | Pensions Fund,
the State Treasurer may deduct: (1) any costs in | ||||||
| 18 | connection with sale of
abandoned property, (2) any costs of | ||||||
| 19 | mailing and publication in connection with
any abandoned | ||||||
| 20 | property, and (3) any costs in connection with the maintenance | ||||||
| 21 | of
records or disposition of claims made pursuant to this Act. | ||||||
| 22 | The State
Treasurer shall semiannually file an itemized report | ||||||
| 23 | of all such expenses with
the Legislative Audit Commission.
| ||||||
| 24 | (Source: P.A. 97-732, eff. 6-30-12; 98-19, eff. 6-10-13; 98-24, | ||||||
| 25 | eff. 6-19-13; revised 9-24-13.)
| ||||||
| |||||||
| |||||||
| 1 | Section 800. The Business Corporation Act of 1983 is | ||||||
| 2 | amended by changing Section 15.75 as follows:
| ||||||
| 3 | (805 ILCS 5/15.75) (from Ch. 32, par. 15.75)
| ||||||
| 4 | Sec. 15.75. Rate of franchise taxes payable by foreign | ||||||
| 5 | corporations.
| ||||||
| 6 | (a) The annual franchise tax payable by each foreign | ||||||
| 7 | corporation
shall be computed at the rate of 1/12 of 1/10 of 1% | ||||||
| 8 | for each calendar month
or fraction thereof for the period | ||||||
| 9 | commencing on the first day of July 1983
to the first day of | ||||||
| 10 | the anniversary month in 1984, but in no event shall
the amount | ||||||
| 11 | of the annual franchise tax be less than $2.083333 per month
| ||||||
| 12 | based on a minimum of $25 per annum or more than $83,333.333333 | ||||||
| 13 | per month;
commencing on January 1, 1984 to the first day of | ||||||
| 14 | the anniversary month in
2004, the annual franchise tax payable | ||||||
| 15 | by each foreign corporation
shall be computed at the rate of | ||||||
| 16 | 1/10 of 1% for the 12-months' period
commencing on the first | ||||||
| 17 | day of the anniversary month or, in the case
of
a corporation | ||||||
| 18 | that has established an extended filing month, the extended
| ||||||
| 19 | filing month of the corporation, but in no event shall the | ||||||
| 20 | amount of the
annual franchise tax be less than $25 nor more | ||||||
| 21 | than $1,000,000 per annum;
commencing on January 1, 2004, the | ||||||
| 22 | annual franchise tax payable by each
foreign corporation shall | ||||||
| 23 | be computed at the rate of 1/10 of 1% for the
12-month period | ||||||
| 24 | commencing on the first day of the anniversary month or, in
the | ||||||
| 25 | case of a corporation that has established an extended filing | ||||||
| |||||||
| |||||||
| 1 | month, the
extended filing month of the corporation, but in no | ||||||
| 2 | event shall the amount of
the annual franchise tax be less than | ||||||
| 3 | $25 nor more than then $2,000,000 per annum.
| ||||||
| 4 | (b) The annual franchise tax payable by each foreign | ||||||
| 5 | corporation at the
time of filing a statement of election and | ||||||
| 6 | interim annual report in
connection with an anniversary month | ||||||
| 7 | prior to January, 2004 shall be
computed at the rate of 1/10 of | ||||||
| 8 | 1% for the 12 month period commencing on
the first day of the | ||||||
| 9 | anniversary month of the corporation next following
the filing, | ||||||
| 10 | but in no event shall the amount of the annual franchise tax
be | ||||||
| 11 | less than $25 nor more than $1,000,000 per annum; commencing | ||||||
| 12 | with the
first anniversary month that occurs after December,
| ||||||
| 13 | 2003,
the annual franchise tax payable by each foreign | ||||||
| 14 | corporation at the time of
filing a statement of election and | ||||||
| 15 | interim annual report shall be computed
at the rate of 1/10 of | ||||||
| 16 | 1% for the 12-month period commencing on the first day
of the | ||||||
| 17 | anniversary month of the corporation next following such | ||||||
| 18 | filing, but in
no event shall the amount of the annual
| ||||||
| 19 | franchise tax be less than $25 nor more
than $2,000,000 per | ||||||
| 20 | annum.
| ||||||
| 21 | (c) The annual franchise tax payable at the time of filing | ||||||
| 22 | the final
transition annual report in connection with an | ||||||
| 23 | anniversary month prior to
January, 2004 shall be an amount | ||||||
| 24 | equal to (i) 1/12 of 1/10 of 1%
per month of the proportion of | ||||||
| 25 | paid-in capital represented in this State as
shown in the final | ||||||
| 26 | transition annual report multiplied by (ii) the number
of | ||||||
| |||||||
| |||||||
| 1 | months commencing with the anniversary month next following the | ||||||
| 2 | filing
of the statement of election until, but excluding, the | ||||||
| 3 | second extended
filing month, less the annual franchise tax | ||||||
| 4 | theretofore paid at the time of
filing the statement of | ||||||
| 5 | election, but in no event shall the amount of the
annual | ||||||
| 6 | franchise tax be less than $2.083333 per month based on a | ||||||
| 7 | minimum of
$25 per annum or more than $83,333.333333 per month; | ||||||
| 8 | commencing with the
first anniversary month that occurs after | ||||||
| 9 | December,
2003,
the annual franchise tax payable at the time of | ||||||
| 10 | filing the final transition
annual report shall be an amount | ||||||
| 11 | equal to (i) 1/12 of 1/10 of 1% per month of
the proportion of | ||||||
| 12 | paid-in capital represented in this State as shown in the
final | ||||||
| 13 | transition annual report multiplied by (ii) the number of | ||||||
| 14 | months
commencing with the anniversary month next following the | ||||||
| 15 | filing of the
statement of election until, but excluding, the | ||||||
| 16 | second extended filing month,
less the annual franchise tax | ||||||
| 17 | theretofore paid at the time of filing the
statement of | ||||||
| 18 | election, but in no event shall the amount of the annual | ||||||
| 19 | franchise
tax be less than $2.083333 per month based on a | ||||||
| 20 | minimum of $25 per annum or
more than $166,666.666666 per | ||||||
| 21 | month.
| ||||||
| 22 | (d) The initial franchise tax payable after January 1, | ||||||
| 23 | 1983, but prior
to
January 1, 1991, by each foreign corporation | ||||||
| 24 | shall be computed at the rate
of 1/10 of 1% for the 12 months' | ||||||
| 25 | period commencing on the first day of the
anniversary month in | ||||||
| 26 | which the application for authority
is
filed by the
corporation | ||||||
| |||||||
| |||||||
| 1 | under Section 13.15 of this Act, but in no event shall the
| ||||||
| 2 | franchise tax be less than $25 nor more than $1,000,000 per | ||||||
| 3 | annum. Except
in the case of a foreign corporation that has | ||||||
| 4 | begun transacting business in
Illinois prior to January 1, | ||||||
| 5 | 1991, the initial franchise tax payable on or
after January 1, | ||||||
| 6 | 1991, by each foreign
corporation, shall be computed at
the | ||||||
| 7 | rate of 15/100 of 1% for the 12-month period commencing on
the | ||||||
| 8 | first
day of the anniversary month in which the application for | ||||||
| 9 | authority is
filed by the corporation under Section 13.15 of | ||||||
| 10 | this Act, but
in no event
shall the franchise tax for a taxable | ||||||
| 11 | year commencing prior to January 1,
2004 be less than $25 nor | ||||||
| 12 | more than $1,000,000 per annum
plus 1/20 of 1% of the basis | ||||||
| 13 | therefor
and in no event shall the franchise tax for a taxable | ||||||
| 14 | year commencing on or
after
January 1, 2004 be less than $25 or | ||||||
| 15 | more than $2,000,000 per annum plus 1/20 of
1% of the basis | ||||||
| 16 | therefor.
| ||||||
| 17 | (e) Whenever the application for authority indicates
that
| ||||||
| 18 | the corporation commenced transacting business:
| ||||||
| 19 | (1) prior to January 1, 1991, the initial franchise tax | ||||||
| 20 | shall be
computed at the rate of 1/12 of 1/10 of 1% for | ||||||
| 21 | each calendar month; or
| ||||||
| 22 | (2) after December 31, 1990, the initial franchise tax | ||||||
| 23 | shall be
computed at the rate of 1/12 of 15/100 of 1% for | ||||||
| 24 | each calendar month.
| ||||||
| 25 | (f) Each additional franchise tax payable by each foreign | ||||||
| 26 | corporation
for the
period beginning January 1, 1983 through | ||||||
| |||||||
| |||||||
| 1 | December 31, 1983 shall be computed
at the rate of 1/12 of 1/10 | ||||||
| 2 | of 1% for each calendar month or fraction thereof
between the | ||||||
| 3 | date of each respective increase in its paid-in capital
and its | ||||||
| 4 | anniversary month in 1984; thereafter until the last day of the
| ||||||
| 5 | month that is both after December 31, 1990 and the third month | ||||||
| 6 | immediately
preceding the anniversary month in 1991, each | ||||||
| 7 | additional franchise tax
payable by each foreign corporation | ||||||
| 8 | shall be computed at the rate of 1/12
of 1/10 of 1% for each | ||||||
| 9 | calendar month, or fraction thereof, between the
date of each | ||||||
| 10 | respective increase in its paid-in capital and its next
| ||||||
| 11 | anniversary month; however, if the increase occurs within the 2 | ||||||
| 12 | month
period immediately preceding the anniversary month, the | ||||||
| 13 | tax shall be
computed to the anniversary month of the next | ||||||
| 14 | succeeding calendar year.
Commencing with increases in paid-in | ||||||
| 15 | capital that occur subsequent to both
December 31, 1990 and the | ||||||
| 16 | last day of the third month immediately preceding
the | ||||||
| 17 | anniversary month in 1991, the additional franchise tax payable | ||||||
| 18 | by a
foreign corporation shall be computed at the rate of | ||||||
| 19 | 15/100 of 1%.
| ||||||
| 20 | (Source: P.A. 92-33, eff. 7-1-01; 93-32, eff. 12-1-03; revised | ||||||
| 21 | 11-14-13.)
| ||||||
| 22 | Section 805. The Illinois Securities Law of 1953 is amended | ||||||
| 23 | by changing Section 11.5 as follows:
| ||||||
| 24 | (815 ILCS 5/11.5)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 11.5. Securities exchange registration.
| ||||||
| 2 | (a) A person shall not operate a securities exchange in | ||||||
| 3 | this State unless it
has been registered with the Secretary of | ||||||
| 4 | State.
| ||||||
| 5 | (b) The Secretary of State shall adopt rules or regulations | ||||||
| 6 | necessary to
carry out the provisions of this Section, | ||||||
| 7 | including rules or regulations
prescribing:
| ||||||
| 8 | (1) The fees for the registration of a securities | ||||||
| 9 | exchange; and
| ||||||
| 10 | (2) The bonding and minimum capitalization | ||||||
| 11 | requirements for a securities
exchange.
| ||||||
| 12 | (c) The Securities Director, or his or her designee, shall | ||||||
| 13 | investigate the
qualifications of each person who applies to | ||||||
| 14 | the Secretary of State for the
registration of a securities | ||||||
| 15 | exchange. The applicant shall pay the cost of the
| ||||||
| 16 | investigation.
| ||||||
| 17 | (d) The Secretary of State may deny, suspend, or revoke the | ||||||
| 18 | registration of
a
securities exchange if the Securities | ||||||
| 19 | Director, or his or her designee, determines
that such action | ||||||
| 20 | is in the public interest and the provisions of subsection (a)
| ||||||
| 21 | of this Section are applicable to the person who applied for | ||||||
| 22 | the registration
of a securities exchange.
| ||||||
| 23 | (e) A securities exchange located in this State shall not | ||||||
| 24 | allow the trading
of a security in this State unless it is | ||||||
| 25 | issued by an issuer that has complied
with the requirements of | ||||||
| 26 | this Act and any other applicable requirements of
federal or | ||||||
| |||||||
| |||||||
| 1 | State law.
| ||||||
| 2 | (f) Any transaction, solicitation, or other activity | ||||||
| 3 | directly related to
the purchase, sale, or other transfer of | ||||||
| 4 | securities listed on a securities
exchange located in this | ||||||
| 5 | State shall be deemed to be a transaction in this
State.
| ||||||
| 6 | (g) The Secretary of State may establish reasonable fees by | ||||||
| 7 | rule or
regulation.
| ||||||
| 8 | (h) A registered dealer or salesperson shall not use a | ||||||
| 9 | securities exchange
to effect or report any transaction | ||||||
| 10 | concerning a security unless the securities
exchange is | ||||||
| 11 | registered with the Secretary of State or is excluded from the
| ||||||
| 12 | provisions of Section 2.28 and this Section of the Act.
| ||||||
| 13 | (Source: P.A. 89-209, eff. 1-1-96; revised 11-14-13.)
| ||||||
| 14 | Section 810. The Waste Oil Recovery Act is amended by | ||||||
| 15 | changing Section 2 as follows:
| ||||||
| 16 | (815 ILCS 440/2) (from Ch. 96 1/2, par. 7702)
| ||||||
| 17 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 18 | context otherwise
requires, words and phrases shall have the | ||||||
| 19 | meanings ascribed to them in the Sections following this | ||||||
| 20 | Section and preceding Section 3
Sections 2.1 through 2.10.
| ||||||
| 21 | (Source: P.A. 81-379; revised 11-14-13.)
| ||||||
| 22 | Section 815. The Consumer Fraud and Deceptive Business | ||||||
| 23 | Practices Act is amended by changing Section 2MM as follows:
| ||||||
| |||||||
| |||||||
| 1 | (815 ILCS 505/2MM)
| ||||||
| 2 | Sec. 2MM. Verification of accuracy of consumer reporting | ||||||
| 3 | information used to
extend consumers credit and security freeze | ||||||
| 4 | on credit reports. | ||||||
| 5 | (a) A credit card issuer who mails an offer or solicitation | ||||||
| 6 | to apply for a
credit card and who receives a completed | ||||||
| 7 | application in response to the offer
or
solicitation which | ||||||
| 8 | lists an address that is not substantially the same as the
| ||||||
| 9 | address on the offer or solicitation may not issue a credit | ||||||
| 10 | card based on that
application until reasonable steps have been | ||||||
| 11 | taken to verify the applicant's
change of address.
| ||||||
| 12 | (b) Any person who uses a consumer credit report in | ||||||
| 13 | connection with the
approval of credit based on the application | ||||||
| 14 | for an extension of credit, and who
has received notification | ||||||
| 15 | of a police report filed with a consumer reporting
agency that | ||||||
| 16 | the applicant has been a victim of financial
identity theft, as | ||||||
| 17 | defined in Section 16-30 or 16G-15 of the Criminal Code of 1961 | ||||||
| 18 | or the Criminal Code of 2012, may
not lend money or extend | ||||||
| 19 | credit without taking reasonable steps to verify the
consumer's | ||||||
| 20 | identity and confirm that the application for an extension of
| ||||||
| 21 | credit
is not the result of financial identity theft.
| ||||||
| 22 | (c) A consumer may request that a security freeze be placed | ||||||
| 23 | on his or her credit report by sending a request in writing by | ||||||
| 24 | certified mail to a consumer reporting agency at an address | ||||||
| 25 | designated by the consumer reporting agency to receive such | ||||||
| |||||||
| |||||||
| 1 | requests. | ||||||
| 2 | The following persons may request that a security freeze be | ||||||
| 3 | placed on the credit report of a disabled person: | ||||||
| 4 | (1) a guardian of the disabled person that is the | ||||||
| 5 | subject of the request, appointed under Article XIa of the | ||||||
| 6 | Probate Act of 1975; and | ||||||
| 7 | (2) an agent of the disabled person that is the subject | ||||||
| 8 | of the request, under a written durable power of attorney | ||||||
| 9 | that complies with the Illinois Power of Attorney Act. | ||||||
| 10 | The following persons may request that a security freeze | ||||||
| 11 | be placed on the credit report of a minor: | ||||||
| 12 | (1) a guardian of the minor that is the subject of the | ||||||
| 13 | request, appointed under Article XI of the Probate Act of | ||||||
| 14 | 1975; | ||||||
| 15 | (2) a parent of the minor that is the subject of the | ||||||
| 16 | request; and | ||||||
| 17 | (3) a guardian appointed under the Juvenile Court Act | ||||||
| 18 | of 1987 for a minor under the age of 18 who is the subject | ||||||
| 19 | of the request or, with a court order authorizing the | ||||||
| 20 | guardian consent power, for a youth who is the subject of | ||||||
| 21 | the request who has attained the age of 18, but who is | ||||||
| 22 | under the age of 21. | ||||||
| 23 | This subsection (c) does not prevent a consumer reporting | ||||||
| 24 | agency from advising a third party that a security freeze is in | ||||||
| 25 | effect with respect to the consumer's credit report.
| ||||||
| 26 | (d) A consumer reporting agency shall place a security | ||||||
| |||||||
| |||||||
| 1 | freeze on a consumer's credit report no later than 5 business | ||||||
| 2 | days after receiving a written request from the consumer:
| ||||||
| 3 | (1) a written request described in subsection (c); | ||||||
| 4 | (2) proper identification; and | ||||||
| 5 | (3) payment of a fee, if applicable.
| ||||||
| 6 | (e) Upon placing the security freeze on the consumer's | ||||||
| 7 | credit report, the consumer reporting agency shall send to the | ||||||
| 8 | consumer within 10 business days a written confirmation of the | ||||||
| 9 | placement of the security freeze and a unique personal | ||||||
| 10 | identification number or password or similar device, other than | ||||||
| 11 | the consumer's Social Security number, to be used by the | ||||||
| 12 | consumer when providing authorization for the release of his or | ||||||
| 13 | her credit report for a specific party or period of time.
| ||||||
| 14 | (f) If the consumer wishes to allow his or her credit | ||||||
| 15 | report to be accessed for a specific party or period of time | ||||||
| 16 | while a freeze is in place, he or she shall contact the | ||||||
| 17 | consumer reporting agency using a point of contact designated | ||||||
| 18 | by the consumer reporting agency, request that the freeze be | ||||||
| 19 | temporarily lifted, and provide the following:
| ||||||
| 20 | (1) Proper identification;
| ||||||
| 21 | (2) The unique personal identification number or | ||||||
| 22 | password or similar device provided by the consumer | ||||||
| 23 | reporting agency;
| ||||||
| 24 | (3) The proper information regarding the third party or | ||||||
| 25 | time period for which the report shall be available to | ||||||
| 26 | users of the credit report; and
| ||||||
| |||||||
| |||||||
| 1 | (4) A fee, if applicable.
| ||||||
| 2 | A security freeze for a minor may not be temporarily | ||||||
| 3 | lifted. This Section does not require a consumer reporting | ||||||
| 4 | agency to provide to a minor or a parent or guardian of a minor | ||||||
| 5 | on behalf of the minor a unique personal identification number, | ||||||
| 6 | password, or similar device provided by the consumer reporting | ||||||
| 7 | agency for the minor, or parent or guardian of the minor, to | ||||||
| 8 | use to authorize the consumer reporting agency to release | ||||||
| 9 | information from a minor. | ||||||
| 10 | (g) A consumer reporting agency shall develop a contact | ||||||
| 11 | method to receive and process a request from a consumer to | ||||||
| 12 | temporarily lift a freeze on a credit report pursuant to | ||||||
| 13 | subsection (f) in an expedited manner.
| ||||||
| 14 | A contact method under this subsection shall include:
(i) a | ||||||
| 15 | postal address; and (ii) an electronic contact method chosen by | ||||||
| 16 | the consumer reporting agency, which may include the use of | ||||||
| 17 | telephone, fax, Internet, or other electronic means.
| ||||||
| 18 | (h) A consumer reporting agency that receives a request | ||||||
| 19 | from a consumer to temporarily lift a freeze on a credit report | ||||||
| 20 | pursuant to subsection (f), shall comply with the request no | ||||||
| 21 | later than 3 business days after receiving the request.
| ||||||
| 22 | (i) A consumer reporting agency shall remove or temporarily | ||||||
| 23 | lift a freeze placed on a consumer's credit report only in the | ||||||
| 24 | following cases:
| ||||||
| 25 | (1) upon consumer request, pursuant to subsection (f) | ||||||
| 26 | or subsection (l) of this Section; or
| ||||||
| |||||||
| |||||||
| 1 | (2) if the consumer's credit report was frozen due to a | ||||||
| 2 | material misrepresentation of fact by the consumer.
| ||||||
| 3 | If a consumer reporting agency intends to remove a freeze | ||||||
| 4 | upon a consumer's credit report pursuant to this subsection, | ||||||
| 5 | the consumer reporting agency shall notify the consumer in | ||||||
| 6 | writing prior to removing the freeze on the consumer's credit | ||||||
| 7 | report.
| ||||||
| 8 | (j) If a third party requests access to a credit report on | ||||||
| 9 | which a security freeze is in effect, and this request is in | ||||||
| 10 | connection with an application for credit or any other use, and | ||||||
| 11 | the consumer does not allow his or her credit report to be | ||||||
| 12 | accessed for that specific party or period of time, the third | ||||||
| 13 | party may treat the application as incomplete.
| ||||||
| 14 | (k) If a consumer requests a security freeze, the credit | ||||||
| 15 | reporting agency shall disclose to the consumer the process of | ||||||
| 16 | placing and temporarily lifting a security freeze, and the | ||||||
| 17 | process for allowing access to information from the consumer's | ||||||
| 18 | credit report for a specific party or period of time while the | ||||||
| 19 | freeze is in place.
| ||||||
| 20 | (l) A security freeze shall remain in place until the | ||||||
| 21 | consumer or person authorized under subsection (c) to act on | ||||||
| 22 | behalf of the minor or disabled person that is the subject of | ||||||
| 23 | the security freeze requests, using a point of contact | ||||||
| 24 | designated by the consumer reporting agency, that the security | ||||||
| 25 | freeze be removed. A credit reporting agency shall remove a | ||||||
| 26 | security freeze within 3 business days of receiving a request | ||||||
| |||||||
| |||||||
| 1 | for removal from the consumer, who provides:
| ||||||
| 2 | (1) Proper identification;
| ||||||
| 3 | (2) The unique personal identification number or | ||||||
| 4 | password or similar device provided by the consumer | ||||||
| 5 | reporting agency; and
| ||||||
| 6 | (3) A fee, if applicable.
| ||||||
| 7 | (m) A consumer reporting agency shall require proper | ||||||
| 8 | identification of the person making a request to place or | ||||||
| 9 | remove a security freeze and may require proper identification | ||||||
| 10 | and proper authority from the person making the request to | ||||||
| 11 | place or remove a freeze on behalf of the disabled person or | ||||||
| 12 | minor.
| ||||||
| 13 | (n) The provisions of subsections (c) through (m) of this | ||||||
| 14 | Section do not apply to the use of a consumer credit report by | ||||||
| 15 | any of the following:
| ||||||
| 16 | (1) A person or entity, or a subsidiary, affiliate, or | ||||||
| 17 | agent of that person or entity, or an assignee of a | ||||||
| 18 | financial obligation owing by the consumer to that person | ||||||
| 19 | or entity, or a prospective assignee of a financial | ||||||
| 20 | obligation owing by the consumer to that person or entity | ||||||
| 21 | in conjunction with the proposed purchase of the financial | ||||||
| 22 | obligation, with which the consumer has or had prior to | ||||||
| 23 | assignment an account or contract, including a demand | ||||||
| 24 | deposit account, or to whom the consumer issued a | ||||||
| 25 | negotiable instrument, for the purposes of reviewing the | ||||||
| 26 | account or collecting the financial obligation owing for | ||||||
| |||||||
| |||||||
| 1 | the account, contract, or negotiable instrument. For | ||||||
| 2 | purposes of this subsection, "reviewing the account" | ||||||
| 3 | includes activities related to account maintenance, | ||||||
| 4 | monitoring, credit line increases, and account upgrades | ||||||
| 5 | and enhancements.
| ||||||
| 6 | (2) A subsidiary, affiliate, agent, assignee, or | ||||||
| 7 | prospective assignee of a person to whom access has been | ||||||
| 8 | granted under subsection (f) of this Section for purposes | ||||||
| 9 | of facilitating the extension of credit or other | ||||||
| 10 | permissible use.
| ||||||
| 11 | (3) Any state or local agency, law enforcement agency, | ||||||
| 12 | trial court, or private collection agency acting pursuant | ||||||
| 13 | to a court order, warrant, or subpoena.
| ||||||
| 14 | (4) A child support agency acting pursuant to Title | ||||||
| 15 | IV-D of the Social Security Act.
| ||||||
| 16 | (5) The State or its agents or assigns acting to | ||||||
| 17 | investigate fraud.
| ||||||
| 18 | (6) The Department of Revenue or its agents or assigns | ||||||
| 19 | acting to investigate or collect delinquent taxes or unpaid | ||||||
| 20 | court orders or to fulfill any of its other statutory | ||||||
| 21 | responsibilities.
| ||||||
| 22 | (7) The use of credit information for the purposes of | ||||||
| 23 | prescreening as provided for by the federal Fair Credit | ||||||
| 24 | Reporting Act.
| ||||||
| 25 | (8) Any person or entity administering a credit file | ||||||
| 26 | monitoring subscription or similar service to which the | ||||||
| |||||||
| |||||||
| 1 | consumer has subscribed.
| ||||||
| 2 | (9) Any person or entity for the purpose of providing a | ||||||
| 3 | consumer with a copy of his or her credit report or score | ||||||
| 4 | upon the consumer's request.
| ||||||
| 5 | (10) Any person using the information in connection | ||||||
| 6 | with the underwriting of insurance.
| ||||||
| 7 | (n-5) This Section does not prevent a consumer reporting | ||||||
| 8 | agency from charging a fee of no more than $10 to a consumer | ||||||
| 9 | for each freeze, removal, or temporary lift of the freeze, | ||||||
| 10 | regarding access to a consumer credit report, except that a | ||||||
| 11 | consumer reporting agency may not charge a fee to (i) a | ||||||
| 12 | consumer 65 years of age or over for placement and removal of a | ||||||
| 13 | freeze, or (ii) a victim of identity theft who has submitted to | ||||||
| 14 | the consumer reporting agency a valid copy of a police report, | ||||||
| 15 | investigative report, or complaint that the consumer has filed | ||||||
| 16 | with a law enforcement agency about unlawful use of his or her | ||||||
| 17 | personal information by another person.
| ||||||
| 18 | (o) If a security freeze is in place, a consumer reporting | ||||||
| 19 | agency shall not change any of the following official | ||||||
| 20 | information in a credit report without sending a written | ||||||
| 21 | confirmation of the change to the consumer within 30 days of | ||||||
| 22 | the change being posted to the consumer's file: (i) name, (ii) | ||||||
| 23 | date of birth, (iii) Social Security number, and (iv) address. | ||||||
| 24 | Written confirmation is not required for technical | ||||||
| 25 | modifications of a consumer's official information, including | ||||||
| 26 | name and street abbreviations, complete spellings, or | ||||||
| |||||||
| |||||||
| 1 | transposition of numbers or letters. In the case of an address | ||||||
| 2 | change, the written confirmation shall be sent to both the new | ||||||
| 3 | address and to the former address.
| ||||||
| 4 | (p) The following entities are not required to place a | ||||||
| 5 | security freeze in a consumer report, however, pursuant to | ||||||
| 6 | paragraph (3) of this subsection, a consumer reporting agency | ||||||
| 7 | acting as a reseller shall honor any security freeze placed on | ||||||
| 8 | a consumer credit report by another consumer reporting agency:
| ||||||
| 9 | (1) A check services or fraud prevention services | ||||||
| 10 | company, which issues reports on incidents of fraud or | ||||||
| 11 | authorizations for the purpose of approving or processing | ||||||
| 12 | negotiable instruments, electronic funds transfers, or | ||||||
| 13 | similar methods of payment.
| ||||||
| 14 | (2) A deposit account information service company, | ||||||
| 15 | which issues reports regarding account closures due to | ||||||
| 16 | fraud, substantial overdrafts, ATM abuse, or similar | ||||||
| 17 | negative information regarding a consumer to inquiring | ||||||
| 18 | banks or other financial institutions for use only in | ||||||
| 19 | reviewing a consumer request for a deposit account at the | ||||||
| 20 | inquiring bank or financial institution.
| ||||||
| 21 | (3) A consumer reporting agency that:
| ||||||
| 22 | (A) acts only to resell credit information by | ||||||
| 23 | assembling and merging information contained in a | ||||||
| 24 | database of one or more consumer reporting agencies; | ||||||
| 25 | and
| ||||||
| 26 | (B) does not maintain a permanent database of | ||||||
| |||||||
| |||||||
| 1 | credit information from which new credit reports are | ||||||
| 2 | produced.
| ||||||
| 3 | (q) For purposes of this Section: | ||||||
| 4 | "Credit report" has the same meaning as "consumer report", | ||||||
| 5 | as ascribed to it in 15 U.S.C. Sec. 1681a(d). | ||||||
| 6 | "Consumer reporting agency" has the meaning ascribed to it | ||||||
| 7 | in 15 U.S.C. Sec. 1681a(f). | ||||||
| 8 | "Security freeze" means
a notice placed in a consumer's | ||||||
| 9 | credit report, at the request of the consumer and subject to | ||||||
| 10 | certain exceptions, that prohibits the consumer reporting | ||||||
| 11 | agency from releasing the consumer's credit report or score | ||||||
| 12 | relating to an extension of credit, without the express | ||||||
| 13 | authorization of the consumer.
| ||||||
| 14 | "Extension of credit" does not include
an increase in an | ||||||
| 15 | existing open-end credit plan, as defined in Regulation Z of
| ||||||
| 16 | the Federal Reserve System (12 C.F.R. 226.2), or any change to | ||||||
| 17 | or review of an
existing credit account.
| ||||||
| 18 | "Proper authority" means documentation that shows that a | ||||||
| 19 | parent, guardian, or agent has authority to act on behalf of a | ||||||
| 20 | minor or disabled person. "Proper authority" includes (1) an | ||||||
| 21 | order issued by a court of law that shows that a guardian has | ||||||
| 22 | authority to act on behalf of a minor or disabled person, (2) a | ||||||
| 23 | written, notarized statement signed by a parent that expressly | ||||||
| 24 | describes the authority of the parent to act on behalf of the | ||||||
| 25 | minor, or (3) a durable power of attorney that complies with | ||||||
| 26 | the Illinois Power of Attorney Act. | ||||||
| |||||||
| |||||||
| 1 | "Proper identification" means information generally deemed | ||||||
| 2 | sufficient to identify a person. Only if the consumer is unable | ||||||
| 3 | to reasonably identify himself or herself with the information | ||||||
| 4 | described above, may a consumer reporting agency require | ||||||
| 5 | additional information concerning the consumer's employment | ||||||
| 6 | and personal or family history in order to verify his or her | ||||||
| 7 | identity.
| ||||||
| 8 | (r) Any person who violates this Section commits an
| ||||||
| 9 | unlawful practice within the meaning of this Act.
| ||||||
| 10 | (Source: P.A. 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13; | ||||||
| 11 | 98-486, eff. 1-1-14; revised 11-14-13.)
| ||||||
| 12 | Section 820. The Dating Referral Services Act is amended by | ||||||
| 13 | changing Sections 20 and 25 as follows:
| ||||||
| 14 | (815 ILCS 615/20) (from Ch. 29, par. 1051-20)
| ||||||
| 15 | Sec. 20. Cancellation and refund requirements.
| ||||||
| 16 | (a) Every contract for dating referral services shall | ||||||
| 17 | provide the following:
| ||||||
| 18 | (1) That the contract may be cancelled by the customer | ||||||
| 19 | within 3
business days after the first business day after | ||||||
| 20 | the contract is signed by
the customer, and that all monies | ||||||
| 21 | paid under the contract shall be refunded
to the customer. | ||||||
| 22 | For the purposes of this Section, "business day" means any
| ||||||
| 23 | day on which the facility is open for business. A customer | ||||||
| 24 | purchasing a
plan at a facility that has not yet opened for | ||||||
| |||||||
| |||||||
| 1 | business at the time the
contract is signed, or who does | ||||||
| 2 | not purchase a contract at an existing
facility, shall have | ||||||
| 3 | 7 calendar days in which to cancel the contract and
receive | ||||||
| 4 | a full refund of all monies paid. The customer's rights to | ||||||
| 5 | cancel
described in this Section are in addition to any | ||||||
| 6 | other contract rights or
remedies provided by law.
| ||||||
| 7 | (2) In the event of the relocation of a customer's | ||||||
| 8 | residence to a
location that is more than 20 miles farther | ||||||
| 9 | than the original distance from
the customer's residence to | ||||||
| 10 | the original enterprise, and upon the failure
of the | ||||||
| 11 | original enterprise to designate an a enterprise, with | ||||||
| 12 | comparable
facilities and services within 25 miles of the | ||||||
| 13 | customer's new residence
that agrees to accept the original | ||||||
| 14 | enterprise's obligations under the
contract, the customer | ||||||
| 15 | may cancel the contract and shall be liable for only
that | ||||||
| 16 | portion of the charges allocable to the time before | ||||||
| 17 | reasonable
evidence of the relocation is presented to the | ||||||
| 18 | enterprise, plus a
reasonable fee if so provided in the | ||||||
| 19 | contract, but the fee shall not exceed
10% of the unused | ||||||
| 20 | balance, or $50, whichever is less.
| ||||||
| 21 | (3) If the customer dies during the term of the | ||||||
| 22 | contract, the
customer's estate shall be liable for only | ||||||
| 23 | that portion of the charges
allocable to the time before | ||||||
| 24 | the customer's death.
The enterprise shall have the right | ||||||
| 25 | to require and verify reasonable
evidence of the death.
| ||||||
| 26 | (b) Every contract for dating referral services shall | ||||||
| |||||||
| |||||||
| 1 | provide that
notice of cancellation under subsection (a) of | ||||||
| 2 | this Section shall be made
in writing and delivered by | ||||||
| 3 | certified or registered mail to the enterprise
at the address | ||||||
| 4 | specified in the contract. All refunds to which a customer
or | ||||||
| 5 | his or her estate is entitled shall be made within 30 days of | ||||||
| 6 | receipt by
the enterprise of the cancellation notice.
| ||||||
| 7 | (Source: P.A. 87-450; revised 11-14-13.)
| ||||||
| 8 | (815 ILCS 615/25) (from Ch. 29, par. 1051-25)
| ||||||
| 9 | Sec. 25. Contract requirements for planned enterprises. | ||||||
| 10 | Every
contract for dating referral services at a planned dating | ||||||
| 11 | referral
enterprise or an a enterprise under construction shall | ||||||
| 12 | further provide that,
in the event that the facilities and | ||||||
| 13 | services contracted for are not
available within 6 months from | ||||||
| 14 | the date the contract is entered into, or
within 3 months of a | ||||||
| 15 | date specified in the contract, whichever is earlier,
the | ||||||
| 16 | contract may be cancelled at the option of the customer, and | ||||||
| 17 | all
payments refunded within 30 days of receipt by the | ||||||
| 18 | enterprise of the
cancellation notice.
| ||||||
| 19 | (Source: P.A. 87-450; revised 11-14-13.)
| ||||||
| 20 | Section 825. The Prevailing Wage Act is amended by changing | ||||||
| 21 | Sections 2 and 5 as follows:
| ||||||
| 22 | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| ||||||
| 23 | Sec. 2. This Act applies to the wages of laborers, | ||||||
| |||||||
| |||||||
| 1 | mechanics and
other workers employed in any public works, as | ||||||
| 2 | hereinafter defined, by
any public body and to anyone under | ||||||
| 3 | contracts for public works. This includes any maintenance, | ||||||
| 4 | repair, assembly, or disassembly work performed on equipment | ||||||
| 5 | whether owned, leased, or rented.
| ||||||
| 6 | As used in this Act, unless the context indicates | ||||||
| 7 | otherwise:
| ||||||
| 8 | "Public works" means all fixed works constructed or | ||||||
| 9 | demolished by
any public body,
or paid for wholly or in part | ||||||
| 10 | out of public funds. "Public works" as
defined herein includes | ||||||
| 11 | all projects financed in whole
or in part with bonds, grants, | ||||||
| 12 | loans, or other funds made available by or through the State or | ||||||
| 13 | any of its political subdivisions, including but not limited | ||||||
| 14 | to: bonds issued under the Industrial Project Revenue Bond
Act | ||||||
| 15 | (Article 11, Division 74 of the Illinois Municipal Code), the | ||||||
| 16 | Industrial
Building Revenue Bond Act, the Illinois Finance | ||||||
| 17 | Authority Act,
the Illinois Sports Facilities Authority Act, or | ||||||
| 18 | the Build Illinois Bond Act; loans or other funds made
| ||||||
| 19 | available pursuant to the Build Illinois Act; loans or other | ||||||
| 20 | funds made available pursuant to the Riverfront Development | ||||||
| 21 | Fund under Section 10-15 of the River Edge Redevelopment Zone | ||||||
| 22 | Act; or funds from the Fund for
Illinois' Future under Section | ||||||
| 23 | 6z-47 of the State Finance Act, funds for school
construction | ||||||
| 24 | under Section 5 of the General Obligation Bond Act, funds
| ||||||
| 25 | authorized under Section 3 of the School Construction Bond Act, | ||||||
| 26 | funds for
school infrastructure under Section 6z-45 of the | ||||||
| |||||||
| |||||||
| 1 | State Finance Act, and funds
for transportation purposes under | ||||||
| 2 | Section 4 of the General Obligation Bond
Act. "Public works" | ||||||
| 3 | also includes (i) all projects financed in whole or in part
| ||||||
| 4 | with funds from the Department of Commerce and Economic | ||||||
| 5 | Opportunity under the Illinois Renewable Fuels Development | ||||||
| 6 | Program
Act for which there is no project labor agreement; (ii) | ||||||
| 7 | all work performed pursuant to a public private agreement under | ||||||
| 8 | the Public Private Agreements for the Illiana Expressway Act or | ||||||
| 9 | the Public-Private Agreements for the South Suburban Airport | ||||||
| 10 | Act; and (iii) all projects undertaken under a public-private | ||||||
| 11 | agreement under the Public-Private Partnerships for | ||||||
| 12 | Transportation Act. "Public works" also includes all projects | ||||||
| 13 | at leased facility property used for airport purposes under | ||||||
| 14 | Section 35 of the Local Government Facility Lease Act. "Public | ||||||
| 15 | works" also includes the construction of a new wind power | ||||||
| 16 | facility by a business designated as a High Impact Business | ||||||
| 17 | under Section 5.5(a)(3)(E) of the Illinois Enterprise Zone Act.
| ||||||
| 18 | "Public works" does not include work done directly by any | ||||||
| 19 | public utility company, whether or not done under public | ||||||
| 20 | supervision or direction, or paid for wholly or in part out of | ||||||
| 21 | public funds. "Public works" also includes any corrective | ||||||
| 22 | action performed pursuant to Title XVI of the Environmental | ||||||
| 23 | Protection Act for which payment from the Underground Storage | ||||||
| 24 | Tank Fund is requested. "Public works" does not include | ||||||
| 25 | projects undertaken by the owner at an owner-occupied | ||||||
| 26 | single-family residence or at an owner-occupied unit of a | ||||||
| |||||||
| |||||||
| 1 | multi-family residence.
| ||||||
| 2 | "Construction" means all work on public works involving | ||||||
| 3 | laborers,
workers or mechanics. This includes any maintenance, | ||||||
| 4 | repair, assembly, or disassembly work performed on equipment | ||||||
| 5 | whether owned, leased, or rented.
| ||||||
| 6 | "Locality" means the county where the physical work upon | ||||||
| 7 | public works
is performed, except (1) that if there is not | ||||||
| 8 | available in the county a
sufficient number of competent | ||||||
| 9 | skilled laborers, workers and mechanics
to construct the public | ||||||
| 10 | works efficiently and properly, "locality"
includes any other | ||||||
| 11 | county nearest the one in which the work or
construction is to | ||||||
| 12 | be performed and from which such persons may be
obtained in | ||||||
| 13 | sufficient numbers to perform the work and (2) that, with
| ||||||
| 14 | respect to contracts for highway work with the Department of
| ||||||
| 15 | Transportation of this State, "locality" may at the discretion | ||||||
| 16 | of the
Secretary of the Department of Transportation be | ||||||
| 17 | construed to include
two or more adjacent counties from which | ||||||
| 18 | workers may be accessible for
work on such construction.
| ||||||
| 19 | "Public body" means the State or any officer, board or | ||||||
| 20 | commission of
the State or any political subdivision or | ||||||
| 21 | department thereof, or any
institution supported in whole or in | ||||||
| 22 | part by public funds,
and includes every county, city, town,
| ||||||
| 23 | village, township, school district, irrigation, utility, | ||||||
| 24 | reclamation
improvement or other district and every other | ||||||
| 25 | political subdivision,
district or municipality of the state | ||||||
| 26 | whether such political
subdivision, municipality or district | ||||||
| |||||||
| |||||||
| 1 | operates under a special charter
or not.
| ||||||
| 2 | The terms "general prevailing rate of hourly wages", | ||||||
| 3 | "general
prevailing rate of wages" or "prevailing rate of | ||||||
| 4 | wages" when used in
this Act mean the hourly cash wages plus | ||||||
| 5 | annualized fringe benefits for training and
apprenticeship | ||||||
| 6 | programs approved by the U.S. Department of Labor, Bureau of
| ||||||
| 7 | Apprenticeship and Training, health and welfare, insurance, | ||||||
| 8 | vacations and
pensions paid generally, in the
locality in which | ||||||
| 9 | the work is being performed, to employees engaged in
work of a | ||||||
| 10 | similar character on public works.
| ||||||
| 11 | (Source: P.A. 97-502, eff. 8-23-11; 98-109, eff. 7-25-13; | ||||||
| 12 | 98-482, eff. 1-1-14; revised 9-24-13.)
| ||||||
| 13 | (820 ILCS 130/5) (from Ch. 48, par. 39s-5)
| ||||||
| 14 | Sec. 5. Certified payroll.
| ||||||
| 15 | (a) Any contractor and each subcontractor who participates | ||||||
| 16 | in public works shall: | ||||||
| 17 | (1) make and keep, for a period of not less
than 3 | ||||||
| 18 | years from the date of the last payment made before January | ||||||
| 19 | 1, 2014 (the effective date of Public Act 98-328) the | ||||||
| 20 | effective date of this amendatory Act of the 98th General | ||||||
| 21 | Assembly and for a period of 5 years from the date of the | ||||||
| 22 | last payment made on or after January 1, 2014 (the | ||||||
| 23 | effective date of Public Act 98-328) the effective date of | ||||||
| 24 | this amendatory Act of the 98th General Assembly on a | ||||||
| 25 | contract or subcontract for public works, records of all | ||||||
| |||||||
| |||||||
| 1 | laborers, mechanics, and other workers employed by them on | ||||||
| 2 | the project; the records shall include (i) the worker's | ||||||
| 3 | name, (ii) the worker's address, (iii) the worker's | ||||||
| 4 | telephone number
when available, (iv) the worker's social | ||||||
| 5 | security number, (v) the worker's classification or | ||||||
| 6 | classifications, (vi) the worker's gross and net wages paid | ||||||
| 7 | in each pay period, (vii) the worker's number of hours | ||||||
| 8 | worked each day, (viii) the worker's starting and ending | ||||||
| 9 | times of work each day, (ix) the worker's hourly wage rate, | ||||||
| 10 | (x) the worker's hourly overtime wage rate, (xi) the | ||||||
| 11 | worker's hourly fringe benefit rates, (xii) the name and | ||||||
| 12 | address of each fringe benefit fund, (xiii) the plan | ||||||
| 13 | sponsor of each fringe benefit, if applicable, and (xiv) | ||||||
| 14 | the plan administrator of each fringe benefit, if | ||||||
| 15 | applicable; and | ||||||
| 16 | (2) no later than the 15th day of each calendar month | ||||||
| 17 | file a certified payroll for the immediately preceding | ||||||
| 18 | month with the public body in charge of the project. A | ||||||
| 19 | certified payroll must be filed for only those calendar | ||||||
| 20 | months during which construction on a public works project | ||||||
| 21 | has occurred. The certified payroll shall consist of a | ||||||
| 22 | complete copy of the records identified in paragraph (1) of | ||||||
| 23 | this subsection (a), but may exclude the starting and | ||||||
| 24 | ending times of work each day. The certified payroll shall | ||||||
| 25 | be accompanied by a statement signed by the contractor or | ||||||
| 26 | subcontractor or an officer, employee, or agent of the | ||||||
| |||||||
| |||||||
| 1 | contractor or subcontractor which avers that: (i) he or she | ||||||
| 2 | has examined the certified payroll records required to be | ||||||
| 3 | submitted by the Act and such records are true and | ||||||
| 4 | accurate; (ii) the hourly rate paid to each worker is not | ||||||
| 5 | less than the general prevailing rate of hourly wages | ||||||
| 6 | required by this Act; and (iii) the contractor or | ||||||
| 7 | subcontractor is aware that filing a certified payroll that | ||||||
| 8 | he or she knows to be false is a Class A misdemeanor. A | ||||||
| 9 | general contractor is not prohibited from relying on the | ||||||
| 10 | certification of a lower tier subcontractor, provided the | ||||||
| 11 | general contractor does not knowingly rely upon a | ||||||
| 12 | subcontractor's false certification. Any contractor or | ||||||
| 13 | subcontractor subject to this Act and any officer, | ||||||
| 14 | employee, or agent of such contractor or subcontractor | ||||||
| 15 | whose duty as such officer, employee, or agent it is to | ||||||
| 16 | file such certified payroll who willfully fails to file | ||||||
| 17 | such a certified payroll on or before the date such | ||||||
| 18 | certified payroll is required by this paragraph to be filed | ||||||
| 19 | and any person who willfully files a false certified | ||||||
| 20 | payroll that is false as to any material fact is in | ||||||
| 21 | violation of this Act and guilty of a Class A misdemeanor. | ||||||
| 22 | The public body in charge of the project shall keep the | ||||||
| 23 | records submitted in accordance with this paragraph (2) of | ||||||
| 24 | subsection (a) before January 1, 2014 (the effective date | ||||||
| 25 | of Public Act 98-328) the effective date of this amendatory | ||||||
| 26 | Act of the 98th General Assembly for a period of not less | ||||||
| |||||||
| |||||||
| 1 | than 3 years, and the records submitted in accordance with | ||||||
| 2 | this paragraph (2) of subsection (a) on or after January 1, | ||||||
| 3 | 2014 (the effective date of Public Act 98-328) the | ||||||
| 4 | effective date of this amendatory Act of the 98th General | ||||||
| 5 | Assembly for a period of 5 years, from the date of the last | ||||||
| 6 | payment for work on a contract or subcontract for public | ||||||
| 7 | works. The records submitted in accordance with this | ||||||
| 8 | paragraph (2) of subsection (a) shall be considered public | ||||||
| 9 | records, except an employee's address, telephone number, | ||||||
| 10 | and social security number, and made available in | ||||||
| 11 | accordance with the Freedom of Information Act. The public | ||||||
| 12 | body shall accept any reasonable submissions by the | ||||||
| 13 | contractor that meet the requirements of this Section.
| ||||||
| 14 | A contractor, subcontractor, or public body may retain | ||||||
| 15 | records required under this Section in paper or electronic | ||||||
| 16 | format. | ||||||
| 17 | (b) Upon 7 business days' notice, the contractor and each | ||||||
| 18 | subcontractor shall make available for inspection and copying | ||||||
| 19 | at a location within this State during reasonable hours, the | ||||||
| 20 | records identified in paragraph (1) of subsection (a) of this | ||||||
| 21 | Section to the public body
in charge of the project, its | ||||||
| 22 | officers and agents, the Director of Labor
and his deputies and | ||||||
| 23 | agents, and to federal, State, or local law enforcement | ||||||
| 24 | agencies and prosecutors. | ||||||
| 25 | (c) A contractor or subcontractor who remits contributions | ||||||
| 26 | to fringe benefit funds that are jointly maintained and jointly | ||||||
| |||||||
| |||||||
| 1 | governed by one or more employers and one or more labor | ||||||
| 2 | organizations in accordance with the federal Labor Management | ||||||
| 3 | Relations Act shall make and keep certified payroll records | ||||||
| 4 | that include the information required under items (i) through | ||||||
| 5 | (viii) of paragraph (1) of subsection (a) only. However, the | ||||||
| 6 | information required under items (ix) through (xiv) of | ||||||
| 7 | paragraph (1) of subsection (a) shall be required for any | ||||||
| 8 | contractor or subcontractor who remits contributions to a | ||||||
| 9 | fringe benefit fund that is not jointly maintained and jointly | ||||||
| 10 | governed by one or more employers and one or more labor | ||||||
| 11 | organizations in accordance with the federal Labor Management | ||||||
| 12 | Relations Act. | ||||||
| 13 | (Source: P.A. 97-571, eff. 1-1-12; 98-328, eff. 1-1-14; 98-482, | ||||||
| 14 | eff. 1-1-14; revised 9-24-13.)
| ||||||
| 15 | Section 995. No acceleration or delay. Where this Act makes | ||||||
| 16 | changes in a statute that is represented in this Act by text | ||||||
| 17 | that is not yet or no longer in effect (for example, a Section | ||||||
| 18 | represented by multiple versions), the use of that text does | ||||||
| 19 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 20 | made by this Act or (ii) provisions derived from any other | ||||||
| 21 | Public Act.
| ||||||
| 22 | Section 996. No revival or extension. This Act does not | ||||||
| 23 | revive or extend any Section or Act otherwise repealed.
| ||||||
| |||||||
| |||||||
| 1 | Section 999. Effective date. This Act takes effect upon | ||||||
| 2 | becoming law.".
| ||||||