|
| | HB5501 | - 2 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | include other versions of the Section to be found in Public |
| 2 | | Acts not included in the list of sources. The list of sources |
| 3 | | is not a part of the text of the Section. |
| 4 | | (d) Public Acts 101-652 through 102-691 were considered in |
| 5 | | the preparation of the combining revisories included in this |
| 6 | | Act. Many of those combining revisories contain no striking or |
| 7 | | underscoring because no additional changes are being made in |
| 8 | | the material that is being combined.
|
| 9 | | Section 5. The Regulatory Sunset Act is amended by |
| 10 | | changing Section 4.37 as follows:
|
| 11 | | (5 ILCS 80/4.37) |
| 12 | | (Text of Section before amendment by P.A. 102-683) |
| 13 | | Sec. 4.37. Acts and Articles repealed on January 1, 2027. |
| 14 | | The following are repealed on January 1, 2027: |
| 15 | | The Clinical Psychologist Licensing Act.
|
| 16 | | The Illinois Optometric Practice Act of 1987. |
| 17 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI, |
| 18 | | and
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
|
| 19 | | The Boiler and Pressure Vessel Repairer Regulation Act. |
| 20 | | The Marriage and Family Therapy Licensing Act. |
| 21 | | The Boxing and Full-contact Martial Arts Act. |
| 22 | | The Cemetery Oversight Act. |
| 23 | | The Community Association Manager Licensing and |
| 24 | | Disciplinary Act. |
|
| | HB5501 | - 3 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The Detection of Deception Examiners Act. |
| 2 | | The Home Inspector License Act. |
| 3 | | The Massage Licensing Act. |
| 4 | | The Medical Practice Act of 1987. |
| 5 | | The Petroleum Equipment Contractors Licensing Act. |
| 6 | | The Radiation Protection Act of 1990. |
| 7 | | The Real Estate Appraiser Licensing Act of 2002. |
| 8 | | The Registered Interior Designers Act. |
| 9 | | The Landscape Architecture Registration Act. |
| 10 | | The Water Well and Pump Installation Contractor's License |
| 11 | | Act. |
| 12 | | The Collateral Recovery Act. |
| 13 | | (Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21; |
| 14 | | 102-437, eff. 8-20-21; 102-656, eff. 8-27-21; revised |
| 15 | | 10-13-21.)
|
| 16 | | (Text of Section after amendment by P.A. 102-683) |
| 17 | | Sec. 4.37. Acts and Articles repealed on January 1, 2027. |
| 18 | | The following are repealed on January 1, 2027: |
| 19 | | The Clinical Psychologist Licensing Act.
|
| 20 | | The Illinois Optometric Practice Act of 1987. |
| 21 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI, |
| 22 | | and
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
|
| 23 | | The Boiler and Pressure Vessel Repairer Regulation Act. |
| 24 | | The Marriage and Family Therapy Licensing Act. |
| 25 | | The Boxing and Full-contact Martial Arts Act. |
|
| | HB5501 | - 5 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 5-45. Emergency rulemaking. |
| 2 | | (a) "Emergency" means the existence of any situation that |
| 3 | | any agency
finds reasonably constitutes a threat to the public |
| 4 | | interest, safety, or
welfare. |
| 5 | | (b) If any agency finds that an
emergency exists that |
| 6 | | requires adoption of a rule upon fewer days than
is required by |
| 7 | | Section 5-40 and states in writing its reasons for that
|
| 8 | | finding, the agency may adopt an emergency rule without prior |
| 9 | | notice or
hearing upon filing a notice of emergency rulemaking |
| 10 | | with the Secretary of
State under Section 5-70. The notice |
| 11 | | shall include the text of the
emergency rule and shall be |
| 12 | | published in the Illinois Register. Consent
orders or other |
| 13 | | court orders adopting settlements negotiated by an agency
may |
| 14 | | be adopted under this Section. Subject to applicable |
| 15 | | constitutional or
statutory provisions, an emergency rule |
| 16 | | becomes effective immediately upon
filing under Section 5-65 |
| 17 | | or at a stated date less than 10 days
thereafter. The agency's |
| 18 | | finding and a statement of the specific reasons
for the |
| 19 | | finding shall be filed with the rule. The agency shall take
|
| 20 | | reasonable and appropriate measures to make emergency rules |
| 21 | | known to the
persons who may be affected by them. |
| 22 | | (c) An emergency rule may be effective for a period of not |
| 23 | | longer than
150 days, but the agency's authority to adopt an |
| 24 | | identical rule under Section
5-40 is not precluded. No |
| 25 | | emergency rule may be adopted more
than once in any 24-month |
| 26 | | period, except that this limitation on the number
of emergency |
|
| | HB5501 | - 6 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rules that may be adopted in a 24-month period does not apply
|
| 2 | | to (i) emergency rules that make additions to and deletions |
| 3 | | from the Drug
Manual under Section 5-5.16 of the Illinois |
| 4 | | Public Aid Code or the
generic drug formulary under Section |
| 5 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) |
| 6 | | emergency rules adopted by the Pollution Control
Board before |
| 7 | | July 1, 1997 to implement portions of the Livestock Management
|
| 8 | | Facilities Act, (iii) emergency rules adopted by the Illinois |
| 9 | | Department of Public Health under subsections (a) through (i) |
| 10 | | of Section 2 of the Department of Public Health Act when |
| 11 | | necessary to protect the public's health, (iv) emergency rules |
| 12 | | adopted pursuant to subsection (n) of this Section, (v) |
| 13 | | emergency rules adopted pursuant to subsection (o) of this |
| 14 | | Section, or (vi) emergency rules adopted pursuant to |
| 15 | | subsection (c-5) of this Section. Two or more emergency rules |
| 16 | | having substantially the same
purpose and effect shall be |
| 17 | | deemed to be a single rule for purposes of this
Section. |
| 18 | | (c-5) To facilitate the maintenance of the program of |
| 19 | | group health benefits provided to annuitants, survivors, and |
| 20 | | retired employees under the State Employees Group Insurance |
| 21 | | Act of 1971, rules to alter the contributions to be paid by the |
| 22 | | State, annuitants, survivors, retired employees, or any |
| 23 | | combination of those entities, for that program of group |
| 24 | | health benefits, shall be adopted as emergency rules. The |
| 25 | | adoption of those rules shall be considered an emergency and |
| 26 | | necessary for the public interest, safety, and welfare. |
|
| | HB5501 | - 7 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (d) In order to provide for the expeditious and timely |
| 2 | | implementation
of the State's fiscal year 1999 budget, |
| 3 | | emergency rules to implement any
provision of Public Act |
| 4 | | 90-587 or 90-588
or any other budget initiative for fiscal |
| 5 | | year 1999 may be adopted in
accordance with this Section by the |
| 6 | | agency charged with administering that
provision or |
| 7 | | initiative, except that the 24-month limitation on the |
| 8 | | adoption
of emergency rules and the provisions of Sections |
| 9 | | 5-115 and 5-125 do not apply
to rules adopted under this |
| 10 | | subsection (d). The adoption of emergency rules
authorized by |
| 11 | | this subsection (d) shall be deemed to be necessary for the
|
| 12 | | public interest, safety, and welfare. |
| 13 | | (e) In order to provide for the expeditious and timely |
| 14 | | implementation
of the State's fiscal year 2000 budget, |
| 15 | | emergency rules to implement any
provision of Public Act 91-24
|
| 16 | | or any other budget initiative for fiscal year 2000 may be |
| 17 | | adopted in
accordance with this Section by the agency charged |
| 18 | | with administering that
provision or initiative, except that |
| 19 | | the 24-month limitation on the adoption
of emergency rules and |
| 20 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
| 21 | | rules adopted under this subsection (e). The adoption of |
| 22 | | emergency rules
authorized by this subsection (e) shall be |
| 23 | | deemed to be necessary for the
public interest, safety, and |
| 24 | | welfare. |
| 25 | | (f) In order to provide for the expeditious and timely |
| 26 | | implementation
of the State's fiscal year 2001 budget, |
|
| | HB5501 | - 8 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | emergency rules to implement any
provision of Public Act |
| 2 | | 91-712
or any other budget initiative for fiscal year 2001 may |
| 3 | | be adopted in
accordance with this Section by the agency |
| 4 | | charged with administering that
provision or initiative, |
| 5 | | except that the 24-month limitation on the adoption
of |
| 6 | | emergency rules and the provisions of Sections 5-115 and 5-125 |
| 7 | | do not apply
to rules adopted under this subsection (f). The |
| 8 | | adoption of emergency rules
authorized by this subsection (f) |
| 9 | | shall be deemed to be necessary for the
public interest, |
| 10 | | safety, and welfare. |
| 11 | | (g) In order to provide for the expeditious and timely |
| 12 | | implementation
of the State's fiscal year 2002 budget, |
| 13 | | emergency rules to implement any
provision of Public Act 92-10
|
| 14 | | or any other budget initiative for fiscal year 2002 may be |
| 15 | | adopted in
accordance with this Section by the agency charged |
| 16 | | with administering that
provision or initiative, except that |
| 17 | | the 24-month limitation on the adoption
of emergency rules and |
| 18 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
| 19 | | rules adopted under this subsection (g). The adoption of |
| 20 | | emergency rules
authorized by this subsection (g) shall be |
| 21 | | deemed to be necessary for the
public interest, safety, and |
| 22 | | welfare. |
| 23 | | (h) In order to provide for the expeditious and timely |
| 24 | | implementation
of the State's fiscal year 2003 budget, |
| 25 | | emergency rules to implement any
provision of Public Act |
| 26 | | 92-597
or any other budget initiative for fiscal year 2003 may |
|
| | HB5501 | - 9 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be adopted in
accordance with this Section by the agency |
| 2 | | charged with administering that
provision or initiative, |
| 3 | | except that the 24-month limitation on the adoption
of |
| 4 | | emergency rules and the provisions of Sections 5-115 and 5-125 |
| 5 | | do not apply
to rules adopted under this subsection (h). The |
| 6 | | adoption of emergency rules
authorized by this subsection (h) |
| 7 | | shall be deemed to be necessary for the
public interest, |
| 8 | | safety, and welfare. |
| 9 | | (i) In order to provide for the expeditious and timely |
| 10 | | implementation
of the State's fiscal year 2004 budget, |
| 11 | | emergency rules to implement any
provision of Public Act 93-20
|
| 12 | | or any other budget initiative for fiscal year 2004 may be |
| 13 | | adopted in
accordance with this Section by the agency charged |
| 14 | | with administering that
provision or initiative, except that |
| 15 | | the 24-month limitation on the adoption
of emergency rules and |
| 16 | | the provisions of Sections 5-115 and 5-125 do not apply
to |
| 17 | | rules adopted under this subsection (i). The adoption of |
| 18 | | emergency rules
authorized by this subsection (i) shall be |
| 19 | | deemed to be necessary for the
public interest, safety, and |
| 20 | | welfare. |
| 21 | | (j) In order to provide for the expeditious and timely |
| 22 | | implementation of the provisions of the State's fiscal year |
| 23 | | 2005 budget as provided under the Fiscal Year 2005 Budget |
| 24 | | Implementation (Human Services) Act, emergency rules to |
| 25 | | implement any provision of the Fiscal Year 2005 Budget |
| 26 | | Implementation (Human Services) Act may be adopted in |
|
| | HB5501 | - 10 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | accordance with this Section by the agency charged with |
| 2 | | administering that provision, except that the 24-month |
| 3 | | limitation on the adoption of emergency rules and the |
| 4 | | provisions of Sections 5-115 and 5-125 do not apply to rules |
| 5 | | adopted under this subsection (j). The Department of Public |
| 6 | | Aid may also adopt rules under this subsection (j) necessary |
| 7 | | to administer the Illinois Public Aid Code and the Children's |
| 8 | | Health Insurance Program Act. The adoption of emergency rules |
| 9 | | authorized by this subsection (j) shall be deemed to be |
| 10 | | necessary for the public interest, safety, and welfare.
|
| 11 | | (k) In order to provide for the expeditious and timely |
| 12 | | implementation of the provisions of the State's fiscal year |
| 13 | | 2006 budget, emergency rules to implement any provision of |
| 14 | | Public Act 94-48 or any other budget initiative for fiscal |
| 15 | | year 2006 may be adopted in accordance with this Section by the |
| 16 | | agency charged with administering that provision or |
| 17 | | initiative, except that the 24-month limitation on the |
| 18 | | adoption of emergency rules and the provisions of Sections |
| 19 | | 5-115 and 5-125 do not apply to rules adopted under this |
| 20 | | subsection (k). The Department of Healthcare and Family |
| 21 | | Services may also adopt rules under this subsection (k) |
| 22 | | necessary to administer the Illinois Public Aid Code, the |
| 23 | | Senior Citizens and Persons with Disabilities Property Tax |
| 24 | | Relief Act, the Senior Citizens and Disabled Persons |
| 25 | | Prescription Drug Discount Program Act (now the Illinois |
| 26 | | Prescription Drug Discount Program Act), and the Children's |
|
| | HB5501 | - 11 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Health Insurance Program Act. The adoption of emergency rules |
| 2 | | authorized by this subsection (k) shall be deemed to be |
| 3 | | necessary for the public interest, safety, and welfare.
|
| 4 | | (l) In order to provide for the expeditious and timely |
| 5 | | implementation of the provisions of the
State's fiscal year |
| 6 | | 2007 budget, the Department of Healthcare and Family Services |
| 7 | | may adopt emergency rules during fiscal year 2007, including |
| 8 | | rules effective July 1, 2007, in
accordance with this |
| 9 | | subsection to the extent necessary to administer the |
| 10 | | Department's responsibilities with respect to amendments to |
| 11 | | the State plans and Illinois waivers approved by the federal |
| 12 | | Centers for Medicare and Medicaid Services necessitated by the |
| 13 | | requirements of Title XIX and Title XXI of the federal Social |
| 14 | | Security Act. The adoption of emergency rules
authorized by |
| 15 | | this subsection (l) shall be deemed to be necessary for the |
| 16 | | public interest,
safety, and welfare.
|
| 17 | | (m) In order to provide for the expeditious and timely |
| 18 | | implementation of the provisions of the
State's fiscal year |
| 19 | | 2008 budget, the Department of Healthcare and Family Services |
| 20 | | may adopt emergency rules during fiscal year 2008, including |
| 21 | | rules effective July 1, 2008, in
accordance with this |
| 22 | | subsection to the extent necessary to administer the |
| 23 | | Department's responsibilities with respect to amendments to |
| 24 | | the State plans and Illinois waivers approved by the federal |
| 25 | | Centers for Medicare and Medicaid Services necessitated by the |
| 26 | | requirements of Title XIX and Title XXI of the federal Social |
|
| | HB5501 | - 12 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Security Act. The adoption of emergency rules
authorized by |
| 2 | | this subsection (m) shall be deemed to be necessary for the |
| 3 | | public interest,
safety, and welfare.
|
| 4 | | (n) In order to provide for the expeditious and timely |
| 5 | | implementation of the provisions of the State's fiscal year |
| 6 | | 2010 budget, emergency rules to implement any provision of |
| 7 | | Public Act 96-45 or any other budget initiative authorized by |
| 8 | | the 96th General Assembly for fiscal year 2010 may be adopted |
| 9 | | in accordance with this Section by the agency charged with |
| 10 | | administering that provision or initiative. The adoption of |
| 11 | | emergency rules authorized by this subsection (n) shall be |
| 12 | | deemed to be necessary for the public interest, safety, and |
| 13 | | welfare. The rulemaking authority granted in this subsection |
| 14 | | (n) shall apply only to rules promulgated during Fiscal Year |
| 15 | | 2010. |
| 16 | | (o) In order to provide for the expeditious and timely |
| 17 | | implementation of the provisions of the State's fiscal year |
| 18 | | 2011 budget, emergency rules to implement any provision of |
| 19 | | Public Act 96-958 or any other budget initiative authorized by |
| 20 | | the 96th General Assembly for fiscal year 2011 may be adopted |
| 21 | | in accordance with this Section by the agency charged with |
| 22 | | administering that provision or initiative. The adoption of |
| 23 | | emergency rules authorized by this subsection (o) is deemed to |
| 24 | | be necessary for the public interest, safety, and welfare. The |
| 25 | | rulemaking authority granted in this subsection (o) applies |
| 26 | | only to rules promulgated on or after July 1, 2010 (the |
|
| | HB5501 | - 13 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | effective date of Public Act 96-958) through June 30, 2011. |
| 2 | | (p) In order to provide for the expeditious and timely |
| 3 | | implementation of the provisions of Public Act 97-689, |
| 4 | | emergency rules to implement any provision of Public Act |
| 5 | | 97-689 may be adopted in accordance with this subsection (p) |
| 6 | | by the agency charged with administering that provision or |
| 7 | | initiative. The 150-day limitation of the effective period of |
| 8 | | emergency rules does not apply to rules adopted under this |
| 9 | | subsection (p), and the effective period may continue through |
| 10 | | June 30, 2013. The 24-month limitation on the adoption of |
| 11 | | emergency rules does not apply to rules adopted under this |
| 12 | | subsection (p). The adoption of emergency rules authorized by |
| 13 | | this subsection (p) is deemed to be necessary for the public |
| 14 | | interest, safety, and welfare. |
| 15 | | (q) In order to provide for the expeditious and timely |
| 16 | | implementation of the provisions of Articles 7, 8, 9, 11, and |
| 17 | | 12 of Public Act 98-104, emergency rules to implement any |
| 18 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 |
| 19 | | may be adopted in accordance with this subsection (q) by the |
| 20 | | agency charged with administering that provision or |
| 21 | | initiative. The 24-month limitation on the adoption of |
| 22 | | emergency rules does not apply to rules adopted under this |
| 23 | | subsection (q). The adoption of emergency rules authorized by |
| 24 | | this subsection (q) is deemed to be necessary for the public |
| 25 | | interest, safety, and welfare. |
| 26 | | (r) In order to provide for the expeditious and timely |
|
| | HB5501 | - 14 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | implementation of the provisions of Public Act 98-651, |
| 2 | | emergency rules to implement Public Act 98-651 may be adopted |
| 3 | | in accordance with this subsection (r) by the Department of |
| 4 | | Healthcare and Family Services. The 24-month limitation on the |
| 5 | | adoption of emergency rules does not apply to rules adopted |
| 6 | | under this subsection (r). The adoption of emergency rules |
| 7 | | authorized by this subsection (r) is deemed to be necessary |
| 8 | | for the public interest, safety, and welfare. |
| 9 | | (s) In order to provide for the expeditious and timely |
| 10 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 |
| 11 | | of the Illinois Public Aid Code, emergency rules to implement |
| 12 | | any provision of Section 5-5b.1 or Section 5A-2 of the |
| 13 | | Illinois Public Aid Code may be adopted in accordance with |
| 14 | | this subsection (s) by the Department of Healthcare and Family |
| 15 | | Services. The rulemaking authority granted in this subsection |
| 16 | | (s) shall apply only to those rules adopted prior to July 1, |
| 17 | | 2015. Notwithstanding any other provision of this Section, any |
| 18 | | emergency rule adopted under this subsection (s) shall only |
| 19 | | apply to payments made for State fiscal year 2015. The |
| 20 | | adoption of emergency rules authorized by this subsection (s) |
| 21 | | is deemed to be necessary for the public interest, safety, and |
| 22 | | welfare. |
| 23 | | (t) In order to provide for the expeditious and timely |
| 24 | | implementation of the provisions of Article II of Public Act |
| 25 | | 99-6, emergency rules to implement the changes made by Article |
| 26 | | II of Public Act 99-6 to the Emergency Telephone System Act may |
|
| | HB5501 | - 15 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be adopted in accordance with this subsection (t) by the |
| 2 | | Department of State Police. The rulemaking authority granted |
| 3 | | in this subsection (t) shall apply only to those rules adopted |
| 4 | | prior to July 1, 2016. The 24-month limitation on the adoption |
| 5 | | of emergency rules does not apply to rules adopted under this |
| 6 | | subsection (t). The adoption of emergency rules authorized by |
| 7 | | this subsection (t) is deemed to be necessary for the public |
| 8 | | interest, safety, and welfare. |
| 9 | | (u) In order to provide for the expeditious and timely |
| 10 | | implementation of the provisions of the Burn Victims Relief |
| 11 | | Act, emergency rules to implement any provision of the Act may |
| 12 | | be adopted in accordance with this subsection (u) by the |
| 13 | | Department of Insurance. The rulemaking authority granted in |
| 14 | | this subsection (u) shall apply only to those rules adopted |
| 15 | | prior to December 31, 2015. The adoption of emergency rules |
| 16 | | authorized by this subsection (u) is deemed to be necessary |
| 17 | | for the public interest, safety, and welfare. |
| 18 | | (v) In order to provide for the expeditious and timely |
| 19 | | implementation of the provisions of Public Act 99-516, |
| 20 | | emergency rules to implement Public Act 99-516 may be adopted |
| 21 | | in accordance with this subsection (v) by the Department of |
| 22 | | Healthcare and Family Services. The 24-month limitation on the |
| 23 | | adoption of emergency rules does not apply to rules adopted |
| 24 | | under this subsection (v). The adoption of emergency rules |
| 25 | | authorized by this subsection (v) is deemed to be necessary |
| 26 | | for the public interest, safety, and welfare. |
|
| | HB5501 | - 16 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (w) In order to provide for the expeditious and timely |
| 2 | | implementation of the provisions of Public Act 99-796, |
| 3 | | emergency rules to implement the changes made by Public Act |
| 4 | | 99-796 may be adopted in accordance with this subsection (w) |
| 5 | | by the Adjutant General. The adoption of emergency rules |
| 6 | | authorized by this subsection (w) is deemed to be necessary |
| 7 | | for the public interest, safety, and welfare. |
| 8 | | (x) In order to provide for the expeditious and timely |
| 9 | | implementation of the provisions of Public Act 99-906, |
| 10 | | emergency rules to implement subsection (i) of Section |
| 11 | | 16-115D, subsection (g) of Section 16-128A, and subsection (a) |
| 12 | | of Section 16-128B of the Public Utilities Act may be adopted |
| 13 | | in accordance with this subsection (x) by the Illinois |
| 14 | | Commerce Commission. The rulemaking authority granted in this |
| 15 | | subsection (x) shall apply only to those rules adopted within |
| 16 | | 180 days after June 1, 2017 (the effective date of Public Act |
| 17 | | 99-906). The adoption of emergency rules authorized by this |
| 18 | | subsection (x) is deemed to be necessary for the public |
| 19 | | interest, safety, and welfare. |
| 20 | | (y) In order to provide for the expeditious and timely |
| 21 | | implementation of the provisions of Public Act 100-23, |
| 22 | | emergency rules to implement the changes made by Public Act |
| 23 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, |
| 24 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, |
| 25 | | Section 55-30 of the Alcoholism and Other Drug Abuse and |
| 26 | | Dependency Act, and Sections 74 and 75 of the Mental Health and |
|
| | HB5501 | - 17 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Developmental Disabilities Administrative Act may be adopted |
| 2 | | in accordance with this subsection (y) by the respective |
| 3 | | Department. The adoption of emergency rules authorized by this |
| 4 | | subsection (y) is deemed to be necessary for the public |
| 5 | | interest, safety, and welfare. |
| 6 | | (z) In order to provide for the expeditious and timely |
| 7 | | implementation of the provisions of Public Act 100-554, |
| 8 | | emergency rules to implement the changes made by Public Act |
| 9 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be |
| 10 | | adopted in accordance with this subsection (z) by the |
| 11 | | Secretary of State. The adoption of emergency rules authorized |
| 12 | | by this subsection (z) is deemed to be necessary for the public |
| 13 | | interest, safety, and welfare. |
| 14 | | (aa) In order to provide for the expeditious and timely |
| 15 | | initial implementation of the changes made to Articles 5, 5A, |
| 16 | | 12, and 14 of the Illinois Public Aid Code under the provisions |
| 17 | | of Public Act 100-581, the Department of Healthcare and Family |
| 18 | | Services may adopt emergency rules in accordance with this |
| 19 | | subsection (aa). The 24-month limitation on the adoption of |
| 20 | | emergency rules does not apply to rules to initially implement |
| 21 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois |
| 22 | | Public Aid Code adopted under this subsection (aa). The |
| 23 | | adoption of emergency rules authorized by this subsection (aa) |
| 24 | | is deemed to be necessary for the public interest, safety, and |
| 25 | | welfare. |
| 26 | | (bb) In order to provide for the expeditious and timely |
|
| | HB5501 | - 18 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | implementation of the provisions of Public Act 100-587, |
| 2 | | emergency rules to implement the changes made by Public Act |
| 3 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, |
| 4 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, |
| 5 | | subsection (b) of Section 55-30 of the Alcoholism and Other |
| 6 | | Drug Abuse and Dependency Act, Section 5-104 of the |
| 7 | | Specialized Mental Health Rehabilitation Act of 2013, and |
| 8 | | Section 75 and subsection (b) of Section 74 of the Mental |
| 9 | | Health and Developmental Disabilities Administrative Act may |
| 10 | | be adopted in accordance with this subsection (bb) by the |
| 11 | | respective Department. The adoption of emergency rules |
| 12 | | authorized by this subsection (bb) is deemed to be necessary |
| 13 | | for the public interest, safety, and welfare. |
| 14 | | (cc) In order to provide for the expeditious and timely |
| 15 | | implementation of the provisions of Public Act 100-587, |
| 16 | | emergency rules may be adopted in accordance with this |
| 17 | | subsection (cc) to implement the changes made by Public Act |
| 18 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois |
| 19 | | Pension Code by the Board created under Article 14 of the Code; |
| 20 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by |
| 21 | | the Board created under Article 15 of the Code; and Sections |
| 22 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the |
| 23 | | Board created under Article 16 of the Code. The adoption of |
| 24 | | emergency rules authorized by this subsection (cc) is deemed |
| 25 | | to be necessary for the public interest, safety, and welfare. |
| 26 | | (dd) In order to provide for the expeditious and timely |
|
| | HB5501 | - 19 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | implementation of the provisions of Public Act 100-864, |
| 2 | | emergency rules to implement the changes made by Public Act |
| 3 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act |
| 4 | | may be adopted in accordance with this subsection (dd) by the |
| 5 | | Secretary of State. The adoption of emergency rules authorized |
| 6 | | by this subsection (dd) is deemed to be necessary for the |
| 7 | | public interest, safety, and welfare. |
| 8 | | (ee) In order to provide for the expeditious and timely |
| 9 | | implementation of the provisions of Public Act 100-1172, |
| 10 | | emergency rules implementing the Illinois Underground Natural |
| 11 | | Gas Storage Safety Act may be adopted in accordance with this |
| 12 | | subsection by the Department of Natural Resources. The |
| 13 | | adoption of emergency rules authorized by this subsection is |
| 14 | | deemed to be necessary for the public interest, safety, and |
| 15 | | welfare. |
| 16 | | (ff) In order to provide for the expeditious and timely |
| 17 | | initial implementation of the changes made to Articles 5A and |
| 18 | | 14 of the Illinois Public Aid Code under the provisions of |
| 19 | | Public Act 100-1181, the Department of Healthcare and Family |
| 20 | | Services may on a one-time-only basis adopt emergency rules in |
| 21 | | accordance with this subsection (ff). The 24-month limitation |
| 22 | | on the adoption of emergency rules does not apply to rules to |
| 23 | | initially implement the changes made to Articles 5A and 14 of |
| 24 | | the Illinois Public Aid Code adopted under this subsection |
| 25 | | (ff). The adoption of emergency rules authorized by this |
| 26 | | subsection (ff) is deemed to be necessary for the public |
|
| | HB5501 | - 20 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | interest, safety, and welfare. |
| 2 | | (gg) In order to provide for the expeditious and timely |
| 3 | | implementation of the provisions of Public Act 101-1, |
| 4 | | emergency rules may be adopted by the Department of Labor in |
| 5 | | accordance with this subsection (gg) to implement the changes |
| 6 | | made by Public Act 101-1 to the Minimum Wage Law. The adoption |
| 7 | | of emergency rules authorized by this subsection (gg) is |
| 8 | | deemed to be necessary for the public interest, safety, and |
| 9 | | welfare. |
| 10 | | (hh) In order to provide for the expeditious and timely |
| 11 | | implementation of the provisions of Public Act 101-10, |
| 12 | | emergency rules may be adopted in accordance with this |
| 13 | | subsection (hh) to implement the changes made by Public Act |
| 14 | | 101-10 to subsection (j) of Section 5-5.2 of the Illinois |
| 15 | | Public Aid Code. The adoption of emergency rules authorized by |
| 16 | | this subsection (hh) is deemed to be necessary for the public |
| 17 | | interest, safety, and welfare. |
| 18 | | (ii) In order to provide for the expeditious and timely |
| 19 | | implementation of the provisions of Public Act 101-10, |
| 20 | | emergency rules to implement the changes made by Public Act |
| 21 | | 101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid |
| 22 | | Code may be adopted in accordance with this subsection (ii) by |
| 23 | | the Department of Public Health. The adoption of emergency |
| 24 | | rules authorized by this subsection (ii) is deemed to be |
| 25 | | necessary for the public interest, safety, and welfare. |
| 26 | | (jj) In order to provide for the expeditious and timely |
|
| | HB5501 | - 21 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | implementation of the provisions of Public Act 101-10, |
| 2 | | emergency rules to implement the changes made by Public Act |
| 3 | | 101-10 to Section 74 of the Mental Health and Developmental |
| 4 | | Disabilities Administrative Act may be adopted in accordance |
| 5 | | with this subsection (jj) by the Department of Human Services. |
| 6 | | The adoption of emergency rules authorized by this subsection |
| 7 | | (jj) is deemed to be necessary for the public interest, |
| 8 | | safety, and welfare. |
| 9 | | (kk) In order to provide for the expeditious and timely |
| 10 | | implementation of the Cannabis Regulation and Tax Act, Public |
| 11 | | Act 101-27, and Public Act 102-98 this amendatory Act of the |
| 12 | | 102nd General Assembly, the Department of Revenue, the |
| 13 | | Department of Public Health, the Department of Agriculture, |
| 14 | | the Department of State Police, and the Department of |
| 15 | | Financial and Professional Regulation may adopt emergency |
| 16 | | rules in accordance with this subsection (kk). The rulemaking |
| 17 | | authority granted in this subsection (kk) shall apply only to |
| 18 | | rules adopted before December 31, 2021. Notwithstanding the |
| 19 | | provisions of subsection (c), emergency rules adopted under |
| 20 | | this subsection (kk) shall be effective for 180 days. The |
| 21 | | adoption of emergency rules authorized by this subsection (kk) |
| 22 | | is deemed to be necessary for the public interest, safety, and |
| 23 | | welfare. |
| 24 | | (ll) In order to provide for the expeditious and timely |
| 25 | | implementation of the provisions of the Leveling the Playing |
| 26 | | Field for Illinois Retail Act, emergency rules may be adopted |
|
| | HB5501 | - 22 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in accordance with this subsection (ll) to implement the |
| 2 | | changes made by the Leveling the Playing Field for Illinois |
| 3 | | Retail Act. The adoption of emergency rules authorized by this |
| 4 | | subsection (ll) is deemed to be necessary for the public |
| 5 | | interest, safety, and welfare. |
| 6 | | (mm) In order to provide for the expeditious and timely |
| 7 | | implementation of the provisions of Section 25-70 of the |
| 8 | | Sports Wagering Act, emergency rules to implement Section |
| 9 | | 25-70 of the Sports Wagering Act may be adopted in accordance |
| 10 | | with this subsection (mm) by the Department of the Lottery as |
| 11 | | provided in the Sports Wagering Act. The adoption of emergency |
| 12 | | rules authorized by this subsection (mm) is deemed to be |
| 13 | | necessary for the public interest, safety, and welfare. |
| 14 | | (nn) In order to provide for the expeditious and timely |
| 15 | | implementation of the Sports Wagering Act, emergency rules to |
| 16 | | implement the Sports Wagering Act may be adopted in accordance |
| 17 | | with this subsection (nn) by the Illinois Gaming Board. The |
| 18 | | adoption of emergency rules authorized by this subsection (nn) |
| 19 | | is deemed to be necessary for the public interest, safety, and |
| 20 | | welfare. |
| 21 | | (oo) In order to provide for the expeditious and timely |
| 22 | | implementation of the provisions of subsection (c) of Section |
| 23 | | 20 of the Video Gaming Act, emergency rules to implement the |
| 24 | | provisions of subsection (c) of Section 20 of the Video Gaming |
| 25 | | Act may be adopted in accordance with this subsection (oo) by |
| 26 | | the Illinois Gaming Board. The adoption of emergency rules |
|
| | HB5501 | - 23 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authorized by this subsection (oo) is deemed to be necessary |
| 2 | | for the public interest, safety, and welfare. |
| 3 | | (pp) In order to provide for the expeditious and timely
|
| 4 | | implementation of the provisions of Section 50 of the Sexual
|
| 5 | | Assault Evidence Submission Act, emergency rules to implement
|
| 6 | | Section 50 of the Sexual Assault Evidence Submission Act may |
| 7 | | be
adopted in accordance with this subsection (pp) by the
|
| 8 | | Department of State Police. The adoption of emergency rules
|
| 9 | | authorized by this subsection (pp) is deemed to be necessary
|
| 10 | | for the public interest, safety, and welfare. |
| 11 | | (qq) In order to provide for the expeditious and timely |
| 12 | | implementation of the provisions of the Illinois Works Jobs |
| 13 | | Program Act, emergency rules may be adopted in accordance with |
| 14 | | this subsection (qq) to implement the Illinois Works Jobs |
| 15 | | Program Act. The adoption of emergency rules authorized by |
| 16 | | this subsection (qq) is deemed to be necessary for the public |
| 17 | | interest, safety, and welfare. |
| 18 | | (rr) In order to provide for the expeditious and timely |
| 19 | | implementation of the provisions of subsection (c) of Section |
| 20 | | 2-3.130 of the School Code, emergency rules to implement |
| 21 | | subsection (c) of Section 2-3.130 of the School Code may be |
| 22 | | adopted in accordance with this subsection (rr) by the State |
| 23 | | Board of Education. The adoption of emergency rules authorized |
| 24 | | by this subsection (rr) is deemed to be necessary for the |
| 25 | | public interest, safety, and welfare. |
| 26 | | (Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section |
|
| | HB5501 | - 24 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 20-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. |
| 2 | | 6-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section |
| 3 | | 15-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff. |
| 4 | | 6-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19; |
| 5 | | 101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff. |
| 6 | | 7-15-21; 102-339, eff. 8-13-21; revised 10-6-21.)
|
| 7 | | (5 ILCS 100/5-45.8) |
| 8 | | (Section scheduled to be repealed on June 17, 2022) |
| 9 | | Sec. 5-45.8. Emergency rulemaking; federal American Rescue |
| 10 | | Plan Act of 2021. To provide for the expeditious and timely |
| 11 | | implementation of the distribution of federal Coronavirus |
| 12 | | Local Fiscal Recovery Fund moneys to eligible units of local |
| 13 | | government in accordance with the Section 9901 of the federal |
| 14 | | American Rescue Plan Act of 2021, emergency rules may be |
| 15 | | adopted by any State agency authorized thereunder to so |
| 16 | | implement the distribution. The adoption of emergency rules |
| 17 | | authorized by Section 5-45 and this Section is deemed to be |
| 18 | | necessary for the public interest, safety, and welfare. |
| 19 | | This Section is repealed June 17, 2022 (one year after the |
| 20 | | effective date of Public Act 102-16) this amendatory Act of |
| 21 | | the 102nd General Assembly.
|
| 22 | | (Source: P.A. 102-16, eff. 6-17-21; revised 10-22-21.)
|
| 23 | | (5 ILCS 100/5-45.9) |
| 24 | | (Section scheduled to be repealed on June 17, 2022) |
|
| | HB5501 | - 25 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 5-45.9. Emergency rulemaking; Illinois Public Aid |
| 2 | | Code. To provide for the expeditious and timely implementation |
| 3 | | of the changes made to Articles 5 and 12 of the Illinois Public |
| 4 | | Aid Code by Public Act 102-16 this amendatory Act of the 102nd |
| 5 | | General Assembly, emergency rules implementing the changes |
| 6 | | made to Articles 5 and 12 of the Illinois Public Aid Code by |
| 7 | | Public Act 102-16 this amendatory Act of the 102nd General |
| 8 | | Assembly may be adopted in accordance with Section 5-45 by the |
| 9 | | Department of Healthcare and Family Services or other |
| 10 | | department essential to the implementation of the changes. The |
| 11 | | adoption of emergency rules authorized by Section 5-45 and |
| 12 | | this Section is deemed to be necessary for the public |
| 13 | | interest, safety, and welfare. |
| 14 | | This Section is repealed June 17, 2022 (one year after the |
| 15 | | effective date of Public Act 102-16) this amendatory Act of |
| 16 | | the 102nd General Assembly.
|
| 17 | | (Source: P.A. 102-16, eff. 6-17-21; revised 10-25-21.)
|
| 18 | | (5 ILCS 100/5-45.15)
|
| 19 | | Sec. 5-45.15 5-45.8. (Repealed). |
| 20 | | (Source: P.A. 102-39, eff. 6-25-21; revised 1-5-22. Repealed |
| 21 | | internally, eff. 1-1-22.)
|
| 22 | | (5 ILCS 100/5-45.16)
|
| 23 | | (Section scheduled to be repealed on January 1, 2027) |
| 24 | | Sec. 5-45.16 5-45.8. Emergency rulemaking; Medicaid |
|
| | HB5501 | - 26 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | eligibility expansion. To provide for the expeditious and |
| 2 | | timely implementation of the changes made to paragraph 6 of |
| 3 | | Section 5-2 of the Illinois Public Aid Code by Public Act |
| 4 | | 102-43 this amendatory Act of the 102nd General Assembly, |
| 5 | | emergency rules implementing the changes made to paragraph 6 |
| 6 | | of Section 5-2 of the Illinois Public Aid Code by Public Act |
| 7 | | 102-43 this amendatory Act of the 102nd General Assembly may |
| 8 | | be adopted in accordance with Section 5-45 by the Department |
| 9 | | of Healthcare and Family Services. The adoption of emergency |
| 10 | | rules authorized by Section 5-45 and this Section is deemed to |
| 11 | | be necessary for the public interest, safety, and welfare. |
| 12 | | This Section is repealed on January 1, 2027.
|
| 13 | | (Source: P.A. 102-43, eff. 7-6-21; revised 10-22-21.)
|
| 14 | | (5 ILCS 100/5-45.17)
|
| 15 | | Sec. 5-45.17 5-45.8. (Repealed). |
| 16 | | (Source: P.A. 102-104, eff. 7-22-21; revised 1-5-22. Repealed |
| 17 | | internally, eff. 1-1-22.)
|
| 18 | | (5 ILCS 100/5-45.18)
|
| 19 | | (Section scheduled to be repealed on January 1, 2027) |
| 20 | | Sec. 5-45.18 5-45.8. Emergency rulemaking; Nursing Home |
| 21 | | Care Act. To provide for the expeditious and timely |
| 22 | | implementation of Public Act 102-640 this amendatory Act of |
| 23 | | the 102nd General Assembly, emergency rules implementing |
| 24 | | Section 3-102.3 of the Nursing Home Care Act may be adopted in |
|
| | HB5501 | - 28 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
|
| 2 | | Sec. 2. Open meetings.
|
| 3 | | (a) Openness required. All meetings of public
bodies shall |
| 4 | | be open to the public unless excepted in subsection (c)
and |
| 5 | | closed in accordance with Section 2a.
|
| 6 | | (b) Construction of exceptions. The exceptions contained |
| 7 | | in subsection
(c) are in derogation of the requirement that |
| 8 | | public bodies
meet in the open, and therefore, the exceptions |
| 9 | | are to be strictly
construed, extending only to subjects |
| 10 | | clearly within their scope.
The exceptions authorize but do |
| 11 | | not require the holding of
a closed meeting to discuss a |
| 12 | | subject included within an enumerated exception.
|
| 13 | | (c) Exceptions. A public body may hold closed meetings to |
| 14 | | consider the
following subjects:
|
| 15 | | (1) The appointment, employment, compensation, |
| 16 | | discipline, performance,
or dismissal of specific |
| 17 | | employees, specific individuals who serve as independent |
| 18 | | contractors in a park, recreational, or educational |
| 19 | | setting, or specific volunteers of the public body or |
| 20 | | legal counsel for
the public body, including hearing
|
| 21 | | testimony on a complaint lodged against an employee, a |
| 22 | | specific individual who serves as an independent |
| 23 | | contractor in a park, recreational, or educational |
| 24 | | setting, or a volunteer of the public body or
against |
| 25 | | legal counsel for the public body to determine its |
| 26 | | validity. However, a meeting to consider an increase in |
|
| | HB5501 | - 29 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | compensation to a specific employee of a public body that |
| 2 | | is subject to the Local Government Wage Increase |
| 3 | | Transparency Act may not be closed and shall be open to the |
| 4 | | public and posted and held in accordance with this Act.
|
| 5 | | (2) Collective negotiating matters between the public |
| 6 | | body and its
employees or their representatives, or |
| 7 | | deliberations concerning salary
schedules for one or more |
| 8 | | classes of employees.
|
| 9 | | (3) The selection of a person to fill a public office,
|
| 10 | | as defined in this Act, including a vacancy in a public |
| 11 | | office, when the public
body is given power to appoint |
| 12 | | under law or ordinance, or the discipline,
performance or |
| 13 | | removal of the occupant of a public office, when the |
| 14 | | public body
is given power to remove the occupant under |
| 15 | | law or ordinance.
|
| 16 | | (4) Evidence or testimony presented in open hearing, |
| 17 | | or in closed
hearing where specifically authorized by law, |
| 18 | | to
a quasi-adjudicative body, as defined in this Act, |
| 19 | | provided that the body
prepares and makes available for |
| 20 | | public inspection a written decision
setting forth its |
| 21 | | determinative reasoning.
|
| 22 | | (5) The purchase or lease of real property for the use |
| 23 | | of
the public body, including meetings held for the |
| 24 | | purpose of discussing
whether a particular parcel should |
| 25 | | be acquired.
|
| 26 | | (6) The setting of a price for sale or lease of |
|
| | HB5501 | - 30 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | property owned
by the public body.
|
| 2 | | (7) The sale or purchase of securities, investments, |
| 3 | | or investment
contracts. This exception shall not apply to |
| 4 | | the investment of assets or income of funds deposited into |
| 5 | | the Illinois Prepaid Tuition Trust Fund.
|
| 6 | | (8) Security procedures, school building safety and |
| 7 | | security, and the use of personnel and
equipment to |
| 8 | | respond to an actual, a threatened, or a reasonably
|
| 9 | | potential danger to the safety of employees, students, |
| 10 | | staff, the public, or
public
property.
|
| 11 | | (9) Student disciplinary cases.
|
| 12 | | (10) The placement of individual students in special |
| 13 | | education
programs and other matters relating to |
| 14 | | individual students.
|
| 15 | | (11) Litigation, when an action against, affecting or |
| 16 | | on behalf of the
particular public body has been filed and |
| 17 | | is pending before a court or
administrative tribunal, or |
| 18 | | when the public body finds that an action is
probable or |
| 19 | | imminent, in which case the basis for the finding shall be
|
| 20 | | recorded and entered into the minutes of the closed |
| 21 | | meeting.
|
| 22 | | (12) The establishment of reserves or settlement of |
| 23 | | claims as provided
in the Local Governmental and |
| 24 | | Governmental Employees Tort Immunity Act, if
otherwise the |
| 25 | | disposition of a claim or potential claim might be
|
| 26 | | prejudiced, or the review or discussion of claims, loss or |
|
| | HB5501 | - 31 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | risk management
information, records, data, advice or |
| 2 | | communications from or with respect
to any insurer of the |
| 3 | | public body or any intergovernmental risk management
|
| 4 | | association or self insurance pool of which the public |
| 5 | | body is a member.
|
| 6 | | (13) Conciliation of complaints of discrimination in |
| 7 | | the sale or rental
of housing, when closed meetings are |
| 8 | | authorized by the law or ordinance
prescribing fair |
| 9 | | housing practices and creating a commission or
|
| 10 | | administrative agency for their enforcement.
|
| 11 | | (14) Informant sources, the hiring or assignment of |
| 12 | | undercover personnel
or equipment, or ongoing, prior or |
| 13 | | future criminal investigations, when
discussed by a public |
| 14 | | body with criminal investigatory responsibilities.
|
| 15 | | (15) Professional ethics or performance when |
| 16 | | considered by an advisory
body appointed to advise a |
| 17 | | licensing or regulatory agency on matters
germane to the |
| 18 | | advisory body's field of competence.
|
| 19 | | (16) Self evaluation, practices and procedures or |
| 20 | | professional ethics,
when meeting with a representative of |
| 21 | | a statewide association of which the
public body is a |
| 22 | | member.
|
| 23 | | (17) The recruitment, credentialing, discipline or |
| 24 | | formal peer review
of physicians or other
health care |
| 25 | | professionals, or for the discussion of matters protected |
| 26 | | under the federal Patient Safety and Quality Improvement |
|
| | HB5501 | - 32 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Act of 2005, and the regulations promulgated thereunder, |
| 2 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal |
| 3 | | Health Insurance Portability and Accountability Act of |
| 4 | | 1996, and the regulations promulgated thereunder, |
| 5 | | including 45 C.F.R. Parts 160, 162, and 164, by a |
| 6 | | hospital, or
other institution providing medical care, |
| 7 | | that is operated by the public 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 |
| 19 | | as 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 |
|
| | HB5501 | - 33 - | LRB102 24698 AMC 33937 b |
|
|
|
| 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 Illinois Public Aid |
| 14 | | Code or (ii) that pertain to appeals under Section 11-8 of |
| 15 | | the Illinois Public 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 a |
| 24 | | fatality review team or the Illinois Fatality Review Team |
| 25 | | Advisory Council during which a review of the death of an |
| 26 | | eligible adult in which abuse or neglect is suspected, |
|
| | HB5501 | - 34 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | alleged, or substantiated is conducted pursuant to Section |
| 2 | | 15 of the Adult Protective Services Act. |
| 3 | | (31) Meetings and deliberations for decisions of the |
| 4 | | Concealed Carry Licensing Review Board under the Firearm |
| 5 | | Concealed Carry Act. |
| 6 | | (32) Meetings between the Regional Transportation |
| 7 | | Authority Board and its Service Boards when the discussion |
| 8 | | involves review by the Regional Transportation Authority |
| 9 | | Board of employment contracts under Section 28d of the |
| 10 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
| 11 | | 3B.26 of the Regional Transportation Authority Act. |
| 12 | | (33) Those meetings or portions of meetings of the |
| 13 | | advisory committee and peer review subcommittee created |
| 14 | | under Section 320 of the Illinois Controlled Substances |
| 15 | | Act during which specific controlled substance prescriber, |
| 16 | | dispenser, or patient information is discussed. |
| 17 | | (34) Meetings of the Tax Increment Financing Reform |
| 18 | | Task Force under Section 2505-800 of the Department of |
| 19 | | Revenue Law of the Civil Administrative Code of Illinois. |
| 20 | | (35) Meetings of the group established to discuss |
| 21 | | Medicaid capitation rates under Section 5-30.8 of the |
| 22 | | Illinois Public Aid Code. |
| 23 | | (36) Those deliberations or portions of deliberations |
| 24 | | for decisions of the Illinois Gaming Board in which there |
| 25 | | is discussed any of the following: (i) personal, |
| 26 | | commercial, financial, or other information obtained from |
|
| | HB5501 | - 35 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any source that is privileged, proprietary, confidential, |
| 2 | | or a trade secret; or (ii) information specifically |
| 3 | | exempted from the disclosure by federal or State law. |
| 4 | | (37) Deliberations for decisions of the Illinois Law
|
| 5 | | Enforcement Training Standards Board, the Certification |
| 6 | | Review Panel, and the Illinois State Police Merit Board |
| 7 | | regarding certification and decertification. |
| 8 | | (38) Meetings of the Ad Hoc Statewide Domestic
|
| 9 | | Violence Fatality Review Committee of the Illinois |
| 10 | | Criminal
Justice Information Authority Board that occur in |
| 11 | | closed executive session under subsection (d) of Section |
| 12 | | 35 of the Domestic Violence Fatality Review Act. |
| 13 | | (39) Meetings of the regional review teams under |
| 14 | | subsection (a) of Section 75 of the Domestic Violence |
| 15 | | Fatality Review Act. |
| 16 | | (40) (38) Meetings of the Firearm Owner's |
| 17 | | Identification Card Review Board under Section 10 of the |
| 18 | | Firearm Owners Identification Card Act. |
| 19 | | (d) Definitions. For purposes of this Section:
|
| 20 | | "Employee" means a person employed by a public body whose |
| 21 | | relationship
with the public body constitutes an |
| 22 | | employer-employee relationship under
the usual common law |
| 23 | | rules, and who is not an independent contractor.
|
| 24 | | "Public office" means a position created by or under the
|
| 25 | | Constitution or laws of this State, the occupant of which is |
| 26 | | charged with
the exercise of some portion of the sovereign |
|
| | HB5501 | - 36 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | power of this State. The term
"public office" shall include |
| 2 | | members of the public body, but it shall not
include |
| 3 | | organizational positions filled by members thereof, whether
|
| 4 | | established by law or by a public body itself, that exist to |
| 5 | | assist the
body in the conduct of its business.
|
| 6 | | "Quasi-adjudicative body" means an administrative body |
| 7 | | charged by law or
ordinance with the responsibility to conduct |
| 8 | | hearings, receive evidence or
testimony and make |
| 9 | | determinations based
thereon, but does not include
local |
| 10 | | electoral boards when such bodies are considering petition |
| 11 | | challenges.
|
| 12 | | (e) Final action. No final action may be taken at a closed |
| 13 | | meeting.
Final action shall be preceded by a public recital of |
| 14 | | the nature of the
matter being considered and other |
| 15 | | information that will inform the
public of the business being |
| 16 | | conducted.
|
| 17 | | (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; |
| 18 | | 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. |
| 19 | | 8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)
|
| 20 | | Section 20. The Freedom of Information Act is amended by |
| 21 | | changing Section 7.5 as follows:
|
| 22 | | (5 ILCS 140/7.5)
|
| 23 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 24 | | by the statutes referenced below, the following shall be |
|
| | HB5501 | - 37 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | exempt from inspection and copying: |
| 2 | | (a) All information determined to be confidential |
| 3 | | under Section 4002 of the Technology Advancement and |
| 4 | | Development Act. |
| 5 | | (b) Library circulation and order records identifying |
| 6 | | library users with specific materials under the Library |
| 7 | | Records Confidentiality Act. |
| 8 | | (c) Applications, related documents, and medical |
| 9 | | records received by the Experimental Organ Transplantation |
| 10 | | Procedures Board and any and all documents or other |
| 11 | | records prepared by the Experimental Organ Transplantation |
| 12 | | Procedures Board or its staff relating to applications it |
| 13 | | has received. |
| 14 | | (d) Information and records held by the Department of |
| 15 | | Public Health and its authorized representatives relating |
| 16 | | to known or suspected cases of sexually transmissible |
| 17 | | disease or any information the disclosure of which is |
| 18 | | restricted under the Illinois Sexually Transmissible |
| 19 | | Disease Control Act. |
| 20 | | (e) Information the disclosure of which is exempted |
| 21 | | under Section 30 of the Radon Industry Licensing Act. |
| 22 | | (f) Firm performance evaluations under Section 55 of |
| 23 | | the Architectural, Engineering, and Land Surveying |
| 24 | | Qualifications Based Selection Act. |
| 25 | | (g) Information the disclosure of which is restricted |
| 26 | | and exempted under Section 50 of the Illinois Prepaid |
|
| | HB5501 | - 38 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Tuition Act. |
| 2 | | (h) Information the disclosure of which is exempted |
| 3 | | under the State Officials and Employees Ethics Act, and |
| 4 | | records of any lawfully created State or local inspector |
| 5 | | general's office that would be exempt if created or |
| 6 | | obtained by an Executive Inspector General's office under |
| 7 | | that Act. |
| 8 | | (i) Information contained in a local emergency energy |
| 9 | | plan submitted to a municipality in accordance with a |
| 10 | | local emergency energy plan ordinance that is adopted |
| 11 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 12 | | (j) Information and data concerning the distribution |
| 13 | | of surcharge moneys collected and remitted by carriers |
| 14 | | under the Emergency Telephone System Act. |
| 15 | | (k) Law enforcement officer identification information |
| 16 | | or driver identification information compiled by a law |
| 17 | | enforcement agency or the Department of Transportation |
| 18 | | under Section 11-212 of the Illinois Vehicle Code. |
| 19 | | (l) Records and information provided to a residential |
| 20 | | health care facility resident sexual assault and death |
| 21 | | review team or the Executive Council under the Abuse |
| 22 | | Prevention Review Team Act. |
| 23 | | (m) Information provided to the predatory lending |
| 24 | | database created pursuant to Article 3 of the Residential |
| 25 | | Real Property Disclosure Act, except to the extent |
| 26 | | authorized under that Article. |
|
| | HB5501 | - 39 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (n) Defense budgets and petitions for certification of |
| 2 | | compensation and expenses for court appointed trial |
| 3 | | counsel as provided under Sections 10 and 15 of the |
| 4 | | Capital Crimes Litigation Act. This subsection (n) shall |
| 5 | | apply until the conclusion of the trial of the case, even |
| 6 | | if the prosecution chooses not to pursue the death penalty |
| 7 | | prior to trial or sentencing. |
| 8 | | (o) Information that is prohibited from being |
| 9 | | disclosed under Section 4 of the Illinois Health and |
| 10 | | Hazardous Substances Registry Act. |
| 11 | | (p) Security portions of system safety program plans, |
| 12 | | investigation reports, surveys, schedules, lists, data, or |
| 13 | | information compiled, collected, or prepared by or for the |
| 14 | | Department of Transportation under Sections 2705-300 and |
| 15 | | 2705-616 of the Department of Transportation Law of the |
| 16 | | Civil Administrative Code of Illinois, the Regional |
| 17 | | Transportation Authority under Section 2.11 of the |
| 18 | | Regional Transportation Authority Act, or the St. Clair |
| 19 | | County Transit District under the Bi-State Transit Safety |
| 20 | | Act. |
| 21 | | (q) Information prohibited from being disclosed by the |
| 22 | | Personnel Record Review Act. |
| 23 | | (r) Information prohibited from being disclosed by the |
| 24 | | Illinois School Student Records Act. |
| 25 | | (s) Information the disclosure of which is restricted |
| 26 | | under Section 5-108 of the Public Utilities Act.
|
|
| | HB5501 | - 40 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (t) All identified or deidentified health information |
| 2 | | in the form of health data or medical records contained |
| 3 | | in, stored in, submitted to, transferred by, or released |
| 4 | | from the Illinois Health Information Exchange, and |
| 5 | | identified or deidentified health information in the form |
| 6 | | of health data and medical records of the Illinois Health |
| 7 | | Information Exchange in the possession of the Illinois |
| 8 | | Health Information Exchange Office due to its |
| 9 | | administration of the Illinois Health Information |
| 10 | | Exchange. The terms "identified" and "deidentified" shall |
| 11 | | be given the same meaning as in the Health Insurance |
| 12 | | Portability and Accountability Act of 1996, Public Law |
| 13 | | 104-191, or any subsequent amendments thereto, and any |
| 14 | | regulations promulgated thereunder. |
| 15 | | (u) Records and information provided to an independent |
| 16 | | team of experts under the Developmental Disability and |
| 17 | | Mental Health Safety Act (also known as Brian's Law). |
| 18 | | (v) Names and information of people who have applied |
| 19 | | for or received Firearm Owner's Identification Cards under |
| 20 | | the Firearm Owners Identification Card Act or applied for |
| 21 | | or received a concealed carry license under the Firearm |
| 22 | | Concealed Carry Act, unless otherwise authorized by the |
| 23 | | Firearm Concealed Carry Act; and databases under the |
| 24 | | Firearm Concealed Carry Act, records of the Concealed |
| 25 | | Carry Licensing Review Board under the Firearm Concealed |
| 26 | | Carry Act, and law enforcement agency objections under the |
|
| | HB5501 | - 41 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Firearm Concealed Carry Act. |
| 2 | | (v-5) Records of the Firearm Owner's Identification |
| 3 | | Card Review Board that are exempted from disclosure under |
| 4 | | Section 10 of the Firearm Owners Identification Card Act. |
| 5 | | (w) Personally identifiable information which is |
| 6 | | exempted from disclosure under subsection (g) of Section |
| 7 | | 19.1 of the Toll Highway Act. |
| 8 | | (x) Information which is exempted from disclosure |
| 9 | | under Section 5-1014.3 of the Counties Code or Section |
| 10 | | 8-11-21 of the Illinois Municipal Code. |
| 11 | | (y) Confidential information under the Adult |
| 12 | | Protective Services Act and its predecessor enabling |
| 13 | | statute, the Elder Abuse and Neglect Act, including |
| 14 | | information about the identity and administrative finding |
| 15 | | against any caregiver of a verified and substantiated |
| 16 | | decision of abuse, neglect, or financial exploitation of |
| 17 | | an eligible adult maintained in the Registry established |
| 18 | | under Section 7.5 of the Adult Protective Services Act. |
| 19 | | (z) Records and information provided to a fatality |
| 20 | | review team or the Illinois Fatality Review Team Advisory |
| 21 | | Council under Section 15 of the Adult Protective Services |
| 22 | | Act. |
| 23 | | (aa) Information which is exempted from disclosure |
| 24 | | under Section 2.37 of the Wildlife Code. |
| 25 | | (bb) Information which is or was prohibited from |
| 26 | | disclosure by the Juvenile Court Act of 1987. |
|
| | HB5501 | - 42 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (cc) Recordings made under the Law Enforcement |
| 2 | | Officer-Worn Body Camera Act, except to the extent |
| 3 | | authorized under that Act. |
| 4 | | (dd) Information that is prohibited from being |
| 5 | | disclosed under Section 45 of the Condominium and Common |
| 6 | | Interest Community Ombudsperson Act. |
| 7 | | (ee) Information that is exempted from disclosure |
| 8 | | under Section 30.1 of the Pharmacy Practice Act. |
| 9 | | (ff) Information that is exempted from disclosure |
| 10 | | under the Revised Uniform Unclaimed Property Act. |
| 11 | | (gg) Information that is prohibited from being |
| 12 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 13 | | Code. |
| 14 | | (hh) Records that are exempt from disclosure under |
| 15 | | Section 1A-16.7 of the Election Code. |
| 16 | | (ii) Information which is exempted from disclosure |
| 17 | | under Section 2505-800 of the Department of Revenue Law of |
| 18 | | the Civil Administrative Code of Illinois. |
| 19 | | (jj) Information and reports that are required to be |
| 20 | | submitted to the Department of Labor by registering day |
| 21 | | and temporary labor service agencies but are exempt from |
| 22 | | disclosure under subsection (a-1) of Section 45 of the Day |
| 23 | | and Temporary Labor Services Act. |
| 24 | | (kk) Information prohibited from disclosure under the |
| 25 | | Seizure and Forfeiture Reporting Act. |
| 26 | | (ll) Information the disclosure of which is restricted |
|
| | HB5501 | - 44 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 2 | | (vv) Information that is exempt from disclosure under |
| 3 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 4 | | Public Aid Code. |
| 5 | | (ww) Information that is exempt from disclosure under |
| 6 | | Section 16.8 of the State Treasurer Act. |
| 7 | | (xx) Information that is exempt from disclosure or |
| 8 | | information that shall not be made public under the |
| 9 | | Illinois Insurance Code. |
| 10 | | (yy) Information prohibited from being disclosed under |
| 11 | | the Illinois Educational Labor Relations Act. |
| 12 | | (zz) Information prohibited from being disclosed under |
| 13 | | the Illinois Public Labor Relations Act. |
| 14 | | (aaa) Information prohibited from being disclosed |
| 15 | | under Section 1-167 of the Illinois Pension Code. |
| 16 | | (bbb) (ccc) Information that is prohibited from |
| 17 | | disclosure by the Illinois Police Training Act and the |
| 18 | | Illinois State Police Act. |
| 19 | | (ccc) (ddd) Records exempt from disclosure under |
| 20 | | Section
2605-304 of the Illinois Department of State |
| 21 | | Police Law of the Civil
Administrative Code of Illinois. |
| 22 | | (ddd) (bbb) Information prohibited from being |
| 23 | | disclosed under Section 35 of the Address Confidentiality |
| 24 | | for Victims of Domestic Violence, Sexual Assault, Human |
| 25 | | Trafficking, or Stalking Act. |
| 26 | | (eee) (ddd) Information prohibited from being |
|
| | HB5501 | - 45 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | disclosed under subsection (b) of Section 75 of the |
| 2 | | Domestic Violence Fatality Review Act. |
| 3 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
| 4 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
| 5 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
| 6 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
| 7 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
| 8 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
| 9 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
| 10 | | 102-559, eff. 8-20-21; revised 10-5-21.)
|
| 11 | | Section 25. The Illinois Public Labor Relations Act is |
| 12 | | amended by changing Sections 3, 9, and 10 as follows:
|
| 13 | | (5 ILCS 315/3) (from Ch. 48, par. 1603)
|
| 14 | | Sec. 3. Definitions. As used in this Act, unless the |
| 15 | | context
otherwise requires:
|
| 16 | | (a) "Board" means the Illinois
Labor Relations Board or, |
| 17 | | with respect to a matter over which the
jurisdiction of the |
| 18 | | Board is assigned to the State Panel or the Local Panel
under |
| 19 | | Section 5, the panel having jurisdiction over the matter.
|
| 20 | | (b) "Collective bargaining" means bargaining over terms |
| 21 | | and conditions
of employment, including hours, wages, and |
| 22 | | other conditions of employment,
as detailed in Section 7 and |
| 23 | | which are not excluded by Section 4.
|
| 24 | | (c) "Confidential employee" means an employee who, in the |
|
| | HB5501 | - 46 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | regular course
of his or her duties, assists and acts in a |
| 2 | | confidential capacity to persons
who formulate, determine, and |
| 3 | | effectuate management policies with regard
to labor relations |
| 4 | | or who, in the regular course of his or her duties, has
|
| 5 | | authorized access to information relating to the effectuation
|
| 6 | | or review of the employer's collective bargaining policies.
|
| 7 | | Determinations of confidential employee status shall be based |
| 8 | | on actual employee job duties and not solely on written job |
| 9 | | descriptions.
|
| 10 | | (d) "Craft employees" means skilled journeymen, crafts |
| 11 | | persons, and their
apprentices and helpers.
|
| 12 | | (e) "Essential services employees" means those public |
| 13 | | employees
performing functions so essential that the |
| 14 | | interruption or termination of
the function will constitute a |
| 15 | | clear and present danger to the health and
safety of the |
| 16 | | persons in the affected community.
|
| 17 | | (f) "Exclusive representative", except with respect to |
| 18 | | non-State fire
fighters and paramedics employed by fire |
| 19 | | departments and fire protection
districts, non-State peace |
| 20 | | officers, and peace officers in the
Illinois State Police, |
| 21 | | means the labor organization that has
been (i) designated by |
| 22 | | the Board as the representative of a majority of public
|
| 23 | | employees in an appropriate bargaining unit in accordance with |
| 24 | | the procedures
contained in this Act; , (ii) historically
|
| 25 | | recognized by the State of Illinois or
any political |
| 26 | | subdivision of the State before July 1, 1984
(the effective |
|
| | HB5501 | - 47 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | date of this
Act) as the exclusive representative of the |
| 2 | | employees in an appropriate
bargaining unit; , (iii) after July |
| 3 | | 1, 1984 (the
effective date of this Act) recognized by an
|
| 4 | | employer upon evidence, acceptable to the Board, that the |
| 5 | | labor
organization has been designated as the exclusive |
| 6 | | representative by a
majority of the employees in an |
| 7 | | appropriate bargaining unit;
(iv) recognized as the exclusive |
| 8 | | representative of personal
assistants under Executive Order |
| 9 | | 2003-8 prior to July 16, 2003 (the effective date of Public Act |
| 10 | | 93-204) this
amendatory
Act of the 93rd General Assembly, and |
| 11 | | the organization shall be considered to
be the
exclusive |
| 12 | | representative of the personal assistants
as defined
in this |
| 13 | | Section; or (v) recognized as the exclusive representative of |
| 14 | | child and day care home providers, including licensed and |
| 15 | | license exempt providers, pursuant to an election held under |
| 16 | | Executive Order 2005-1 prior to January 1, 2006 (the effective |
| 17 | | date of Public Act 94-320) this amendatory Act of the 94th |
| 18 | | General Assembly, and the organization shall be considered to |
| 19 | | be the exclusive representative of the child and day care home |
| 20 | | providers as defined in this Section.
|
| 21 | | With respect to non-State fire fighters and paramedics |
| 22 | | employed by fire
departments and fire protection districts, |
| 23 | | non-State peace officers, and
peace officers in the Illinois |
| 24 | | State Police,
"exclusive representative" means the labor |
| 25 | | organization that has
been (i) designated by the Board as the |
| 26 | | representative of a majority of peace
officers or fire |
|
| | HB5501 | - 48 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fighters in an appropriate bargaining unit in accordance
with |
| 2 | | the procedures contained in this Act, (ii)
historically |
| 3 | | recognized
by the State of Illinois or any political |
| 4 | | subdivision of the State before
January 1, 1986 (the effective |
| 5 | | date of this amendatory Act of 1985) as the exclusive
|
| 6 | | representative by a majority of the peace officers or fire |
| 7 | | fighters in an
appropriate bargaining unit, or (iii) after |
| 8 | | January 1,
1986 (the effective date of this amendatory
Act of |
| 9 | | 1985) recognized by an employer upon evidence, acceptable to |
| 10 | | the
Board, that the labor organization has been designated as |
| 11 | | the exclusive
representative by a majority of the peace |
| 12 | | officers or fire fighters in an
appropriate bargaining unit.
|
| 13 | | Where a historical pattern of representation exists for |
| 14 | | the workers of a water system that was owned by a public |
| 15 | | utility, as defined in Section 3-105 of the Public Utilities |
| 16 | | Act, prior to becoming certified employees of a municipality |
| 17 | | or municipalities once the municipality or municipalities have |
| 18 | | acquired the water system as authorized in Section 11-124-5 of |
| 19 | | the Illinois Municipal Code, the Board shall find the labor |
| 20 | | organization that has historically represented the workers to |
| 21 | | be the exclusive representative under this Act, and shall find |
| 22 | | the unit represented by the exclusive representative to be the |
| 23 | | appropriate unit. |
| 24 | | (g) "Fair share agreement" means an agreement between the |
| 25 | | employer and
an employee organization under which all or any |
| 26 | | of the employees in a
collective bargaining unit are required |
|
| | HB5501 | - 49 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to pay their proportionate share of
the costs of the |
| 2 | | collective bargaining process, contract administration, and
|
| 3 | | pursuing matters affecting wages, hours, and other conditions |
| 4 | | of employment,
but not to exceed the amount of dues uniformly |
| 5 | | required of members. The
amount certified by the exclusive |
| 6 | | representative shall not include any fees
for contributions |
| 7 | | related to the election or support of any candidate for
|
| 8 | | political office. Nothing in this subsection (g) shall
|
| 9 | | preclude an employee from making
voluntary political |
| 10 | | contributions in conjunction with his or her fair share
|
| 11 | | payment.
|
| 12 | | (g-1) "Fire fighter" means, for the purposes of this Act |
| 13 | | only, any
person who has been or is hereafter appointed to a |
| 14 | | fire department or fire
protection district or employed by a |
| 15 | | state university and sworn or
commissioned to perform fire |
| 16 | | fighter duties or paramedic duties, including paramedics |
| 17 | | employed by a unit of local government, except that the
|
| 18 | | following persons are not included: part-time fire fighters,
|
| 19 | | auxiliary, reserve or voluntary fire fighters, including paid |
| 20 | | on-call fire
fighters, clerks and dispatchers or other |
| 21 | | civilian employees of a fire
department or fire protection |
| 22 | | district who are not routinely expected to
perform fire |
| 23 | | fighter duties, or elected officials.
|
| 24 | | (g-2) "General Assembly of the State of Illinois" means |
| 25 | | the
legislative branch of the government of the State of |
| 26 | | Illinois, as provided
for under Article IV of the Constitution |
|
| | HB5501 | - 50 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the State of Illinois, and
includes, but is not limited to, |
| 2 | | the House of Representatives, the Senate,
the Speaker of the |
| 3 | | House of Representatives, the Minority Leader of the
House of |
| 4 | | Representatives, the President of the Senate, the Minority |
| 5 | | Leader
of the Senate, the Joint Committee on Legislative |
| 6 | | Support Services, and any
legislative support services agency |
| 7 | | listed in the Legislative Commission
Reorganization Act of |
| 8 | | 1984.
|
| 9 | | (h) "Governing body" means, in the case of the State, the |
| 10 | | State Panel of
the Illinois Labor Relations Board, the |
| 11 | | Director of the Department of Central
Management Services, and |
| 12 | | the Director of the Department of Labor; the county
board in |
| 13 | | the case of a county; the corporate authorities in the case of |
| 14 | | a
municipality; and the appropriate body authorized to provide |
| 15 | | for expenditures
of its funds in the case of any other unit of |
| 16 | | government.
|
| 17 | | (i) "Labor organization" means any organization in which |
| 18 | | public employees
participate and that exists for the purpose, |
| 19 | | in whole or in part, of dealing
with a public employer |
| 20 | | concerning wages, hours, and other terms and conditions
of |
| 21 | | employment, including the settlement of grievances.
|
| 22 | | (i-5) "Legislative liaison" means a person who is an |
| 23 | | employee of a State agency, the Attorney General, the |
| 24 | | Secretary of State, the Comptroller, or the Treasurer, as the |
| 25 | | case may be, and whose job duties require the person to |
| 26 | | regularly communicate in the course of his or her employment |
|
| | HB5501 | - 51 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with any official or staff of the General Assembly of the State |
| 2 | | of Illinois for the purpose of influencing any legislative |
| 3 | | action. |
| 4 | | (j) "Managerial employee" means an individual who is |
| 5 | | engaged
predominantly in executive and management functions |
| 6 | | and is charged with the
responsibility of directing the |
| 7 | | effectuation of management policies
and practices. |
| 8 | | Determination of managerial employee status shall be based on |
| 9 | | actual employee job duties and not solely on written job |
| 10 | | descriptions. With respect only to State employees in |
| 11 | | positions under the jurisdiction of the Attorney General, |
| 12 | | Secretary of State, Comptroller, or Treasurer (i) that were |
| 13 | | certified in a bargaining unit on or after December 2, 2008, |
| 14 | | (ii) for which a petition is filed with the Illinois Public |
| 15 | | Labor Relations Board on or after April 5, 2013 (the effective |
| 16 | | date of Public Act 97-1172), or (iii) for which a petition is |
| 17 | | pending before the Illinois Public Labor Relations Board on |
| 18 | | that date, "managerial employee" means an individual who is |
| 19 | | engaged in executive and management functions or who is |
| 20 | | charged with the effectuation of management policies and |
| 21 | | practices or who represents management interests by taking or |
| 22 | | recommending discretionary actions that effectively control or |
| 23 | | implement policy. Nothing in this definition prohibits an |
| 24 | | individual from also meeting the definition of "supervisor" |
| 25 | | under subsection (r) of this Section.
|
| 26 | | (k) "Peace officer" means, for the purposes of this Act |
|
| | HB5501 | - 52 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | only, any
persons who have been or are hereafter appointed to a |
| 2 | | police force,
department, or agency and sworn or commissioned |
| 3 | | to perform police duties,
except that the following persons |
| 4 | | are not
included: part-time police
officers, special police |
| 5 | | officers, auxiliary police as defined by Section
3.1-30-20 of |
| 6 | | the Illinois Municipal Code, night watchmen, "merchant |
| 7 | | police",
court security officers as defined by Section |
| 8 | | 3-6012.1 of the Counties
Code,
temporary employees, traffic |
| 9 | | guards or wardens, civilian parking meter and
parking |
| 10 | | facilities personnel or other individuals specially appointed |
| 11 | | to
aid or direct traffic at or near schools or public functions |
| 12 | | or to aid in
civil defense or disaster, parking enforcement |
| 13 | | employees who are not
commissioned as peace officers and who |
| 14 | | are not armed and who are not
routinely expected to effect |
| 15 | | arrests, parking lot attendants, clerks and
dispatchers or |
| 16 | | other civilian employees of a police department who are not
|
| 17 | | routinely expected to effect arrests, or elected officials.
|
| 18 | | (l) "Person" includes one or more individuals, labor |
| 19 | | organizations, public
employees, associations, corporations, |
| 20 | | legal representatives, trustees,
trustees in bankruptcy, |
| 21 | | receivers, or the State of Illinois or any political
|
| 22 | | subdivision of the State or governing body, but does not |
| 23 | | include the General
Assembly of the State of Illinois or any |
| 24 | | individual employed by the General
Assembly of the State of |
| 25 | | Illinois.
|
| 26 | | (m) "Professional employee" means any employee engaged in |
|
| | HB5501 | - 53 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | work predominantly
intellectual and varied in character rather |
| 2 | | than routine mental, manual,
mechanical or physical work; |
| 3 | | involving the consistent exercise of discretion
and adjustment |
| 4 | | in its performance; of such a character that the output |
| 5 | | produced
or the result accomplished cannot be standardized in |
| 6 | | relation to a given
period of time; and requiring advanced |
| 7 | | knowledge in a field of science or
learning customarily |
| 8 | | acquired by a prolonged course of specialized intellectual
|
| 9 | | instruction and study in an institution of higher learning or |
| 10 | | a hospital,
as distinguished from a general academic education |
| 11 | | or from apprenticeship
or from training in the performance of |
| 12 | | routine mental, manual, or physical
processes; or any employee |
| 13 | | who has completed the courses of specialized
intellectual |
| 14 | | instruction and study prescribed in this subsection (m) and is
|
| 15 | | performing related
work under the supervision of a |
| 16 | | professional person to qualify to become
a professional |
| 17 | | employee as defined in this subsection (m).
|
| 18 | | (n) "Public employee" or "employee", for the purposes of |
| 19 | | this Act, means
any individual employed by a public employer, |
| 20 | | including (i) interns and residents
at public hospitals, (ii) |
| 21 | | as of July 16, 2003 (the effective date of Public Act 93-204) |
| 22 | | this amendatory Act of the 93rd General
Assembly, but not
|
| 23 | | before, personal assistants working under the Home
Services
|
| 24 | | Program under Section 3 of the Rehabilitation of Persons with |
| 25 | | Disabilities Act, subject to
the
limitations set forth in this |
| 26 | | Act and in the Rehabilitation of Persons with Disabilities
|
|
| | HB5501 | - 54 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Act,
(iii) as of January 1, 2006 (the effective date of Public |
| 2 | | Act 94-320) this amendatory Act of the 94th General Assembly, |
| 3 | | but not before, child and day care home providers |
| 4 | | participating in the child care assistance program under |
| 5 | | Section 9A-11 of the Illinois Public Aid Code, subject to the |
| 6 | | limitations set forth in this Act and in Section 9A-11 of the |
| 7 | | Illinois Public Aid Code, (iv) as of January 29, 2013 (the |
| 8 | | effective date of Public Act 97-1158), but not before except |
| 9 | | as otherwise provided in this subsection (n), home care and |
| 10 | | home health workers who function as personal assistants and |
| 11 | | individual maintenance home health workers and who also work |
| 12 | | under the Home Services Program under Section 3 of the |
| 13 | | Rehabilitation of Persons with Disabilities Act, no matter |
| 14 | | whether the State provides those services through direct |
| 15 | | fee-for-service arrangements, with the assistance of a managed |
| 16 | | care organization or other intermediary, or otherwise, (v) |
| 17 | | beginning on July 19, 2013 (the effective date of Public Act |
| 18 | | 98-100) this amendatory Act of the 98th General Assembly and |
| 19 | | notwithstanding any other provision of this Act, any person |
| 20 | | employed by a public employer and who is classified as or who |
| 21 | | holds the employment title of Chief Stationary Engineer, |
| 22 | | Assistant Chief Stationary Engineer, Sewage Plant Operator, |
| 23 | | Water Plant Operator, Stationary Engineer, Plant Operating |
| 24 | | Engineer, and any other employee who holds the position of: |
| 25 | | Civil Engineer V, Civil Engineer VI, Civil Engineer VII, |
| 26 | | Technical Manager I, Technical Manager II, Technical Manager |
|
| | HB5501 | - 55 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | III, Technical Manager IV, Technical Manager V, Technical |
| 2 | | Manager VI, Realty Specialist III, Realty Specialist IV, |
| 3 | | Realty Specialist V, Technical Advisor I, Technical Advisor |
| 4 | | II, Technical Advisor III, Technical Advisor IV, or Technical |
| 5 | | Advisor V employed by the Department of Transportation who is |
| 6 | | in a position which is certified in a bargaining unit on or |
| 7 | | before July 19, 2013 (the effective date of Public Act 98-100) |
| 8 | | this amendatory Act of the 98th General Assembly, and (vi) |
| 9 | | beginning on July 19, 2013 (the effective date of Public Act |
| 10 | | 98-100) this amendatory Act of the 98th General Assembly and |
| 11 | | notwithstanding any other provision of this Act, any mental |
| 12 | | health administrator in the Department of Corrections who is |
| 13 | | classified as or who holds the position of Public Service |
| 14 | | Administrator (Option 8K), any employee of the Office of the |
| 15 | | Inspector General in the Department of Human Services who is |
| 16 | | classified as or who holds the position of Public Service |
| 17 | | Administrator (Option 7), any Deputy of Intelligence in the |
| 18 | | Department of Corrections who is classified as or who holds |
| 19 | | the position of Public Service Administrator (Option 7), and |
| 20 | | any employee of the Illinois State Police who handles issues |
| 21 | | concerning the Illinois State Police Sex Offender Registry and |
| 22 | | who is classified as or holds the position of Public Service |
| 23 | | Administrator (Option 7), but excluding all of the following: |
| 24 | | employees of the
General Assembly of the State of Illinois; |
| 25 | | elected officials; executive
heads of a department; members of |
| 26 | | boards or commissions; the Executive
Inspectors General; any |
|
| | HB5501 | - 56 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | special Executive Inspectors General; employees of each
Office |
| 2 | | of an Executive Inspector General;
commissioners and employees |
| 3 | | of the Executive Ethics Commission; the Auditor
General's |
| 4 | | Inspector General; employees of the Office of the Auditor |
| 5 | | General's
Inspector General; the Legislative Inspector |
| 6 | | General; any special Legislative
Inspectors General; employees |
| 7 | | of the Office
of the Legislative Inspector General;
|
| 8 | | commissioners and employees of the Legislative Ethics |
| 9 | | Commission;
employees
of any
agency, board or commission |
| 10 | | created by this Act; employees appointed to
State positions of |
| 11 | | a temporary or emergency nature; all employees of school
|
| 12 | | districts and higher education institutions except |
| 13 | | firefighters and peace
officers employed
by a state university |
| 14 | | and except peace officers employed by a school district in its |
| 15 | | own police department in existence on July 23, 2010 (the |
| 16 | | effective date of Public Act 96-1257) this amendatory Act of |
| 17 | | the 96th General Assembly; managerial employees; short-term |
| 18 | | employees; legislative liaisons; a person who is a State |
| 19 | | employee under the jurisdiction of the Office of the Attorney |
| 20 | | General who is licensed to practice law or whose position |
| 21 | | authorizes, either directly or indirectly, meaningful input |
| 22 | | into government decision-making on issues where there is room |
| 23 | | for principled disagreement on goals or their implementation; |
| 24 | | a person who is a State employee under the jurisdiction of the |
| 25 | | Office of the Comptroller who holds the position of Public |
| 26 | | Service Administrator or whose position is otherwise exempt |
|
| | HB5501 | - 57 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | under the Comptroller Merit Employment Code; a person who is a |
| 2 | | State employee under the jurisdiction of the Secretary of |
| 3 | | State who holds the position classification of Executive I or |
| 4 | | higher, whose position authorizes, either directly or |
| 5 | | indirectly, meaningful input into government decision-making |
| 6 | | on issues where there is room for principled disagreement on |
| 7 | | goals or their implementation, or who is otherwise exempt |
| 8 | | under the Secretary of State Merit Employment Code; employees |
| 9 | | in the Office of the Secretary of State who are completely |
| 10 | | exempt from jurisdiction B of the Secretary of State Merit |
| 11 | | Employment Code and who are in Rutan-exempt positions on or |
| 12 | | after April 5, 2013 (the effective date of Public Act |
| 13 | | 97-1172); a person who is a State employee under the |
| 14 | | jurisdiction of the Treasurer who holds a position that is |
| 15 | | exempt from the State Treasurer Employment Code; any employee |
| 16 | | of a State agency who (i) holds the title or position of, or |
| 17 | | exercises substantially similar duties as a legislative |
| 18 | | liaison, Agency General Counsel, Agency Chief of Staff, Agency |
| 19 | | Executive Director, Agency Deputy Director, Agency Chief |
| 20 | | Fiscal Officer, Agency Human Resources Director, Public |
| 21 | | Information Officer, or Chief Information Officer and (ii) was |
| 22 | | neither included in a bargaining unit nor subject to an active |
| 23 | | petition for certification in a bargaining unit; any employee |
| 24 | | of a State agency who (i) is in a position that is |
| 25 | | Rutan-exempt, as designated by the employer, and completely |
| 26 | | exempt from jurisdiction B of the Personnel Code and (ii) was |
|
| | HB5501 | - 58 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | neither included in a bargaining unit nor subject to an active |
| 2 | | petition for certification in a bargaining unit; any term |
| 3 | | appointed employee of a State agency pursuant to Section 8b.18 |
| 4 | | or 8b.19 of the Personnel Code who was neither included in a |
| 5 | | bargaining unit nor subject to an active petition for |
| 6 | | certification in a bargaining unit; any employment position |
| 7 | | properly designated pursuant to Section 6.1 of this Act;
|
| 8 | | confidential employees; independent contractors; and |
| 9 | | supervisors except as
provided in this Act.
|
| 10 | | Home care
and home health workers who function as personal |
| 11 | | assistants and individual maintenance home health workers and |
| 12 | | who also work under the Home Services Program under Section 3 |
| 13 | | of the Rehabilitation of Persons with Disabilities Act shall |
| 14 | | not be considered
public
employees for any purposes not |
| 15 | | specifically provided for in Public Act 93-204 or Public Act |
| 16 | | 97-1158, including, but not limited to, purposes of vicarious
|
| 17 | | liability in tort
and purposes of statutory retirement or |
| 18 | | health insurance benefits. Home care and home health workers |
| 19 | | who function as personal assistants and individual maintenance |
| 20 | | home health workers and who also work under the Home Services |
| 21 | | Program under Section 3 of the Rehabilitation of Persons with |
| 22 | | Disabilities Act shall not be covered by the State Employees
|
| 23 | | Group
Insurance Act of 1971.
|
| 24 | | Child and day care home providers shall not be considered |
| 25 | | public employees for any purposes not specifically provided |
| 26 | | for in Public Act 94-320 this amendatory Act of the 94th |
|
| | HB5501 | - 59 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | General Assembly, including, but not limited to, purposes of |
| 2 | | vicarious liability in tort and purposes of statutory |
| 3 | | retirement or health insurance benefits. Child and day care |
| 4 | | home providers shall not be covered by the State Employees |
| 5 | | Group Insurance Act of 1971. |
| 6 | | Notwithstanding Section 9, subsection (c), or any other |
| 7 | | provisions of
this Act, all peace officers above the rank of |
| 8 | | captain in
municipalities with more than 1,000,000 inhabitants |
| 9 | | shall be excluded
from this Act.
|
| 10 | | (o) Except as otherwise in subsection (o-5), "public |
| 11 | | employer" or "employer" means the State of Illinois; any
|
| 12 | | political subdivision of the State, unit of local government |
| 13 | | or school
district; authorities including departments, |
| 14 | | divisions, bureaus, boards,
commissions, or other agencies of |
| 15 | | the foregoing entities; and any person
acting within the scope |
| 16 | | of his or her authority, express or implied, on
behalf of those |
| 17 | | entities in dealing with its employees.
As of July 16, 2003 |
| 18 | | (the effective date of Public Act 93-204) the amendatory Act |
| 19 | | of the 93rd General Assembly,
but not
before, the State of |
| 20 | | Illinois shall be considered the employer of the personal |
| 21 | | assistants working under the Home Services Program
under
|
| 22 | | Section 3 of the Rehabilitation of Persons with Disabilities |
| 23 | | Act, subject to the
limitations set forth
in this Act and in |
| 24 | | the Rehabilitation of Persons with Disabilities Act. As of |
| 25 | | January 29, 2013 (the effective date of Public Act 97-1158), |
| 26 | | but not before except as otherwise provided in this subsection |
|
| | HB5501 | - 60 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (o), the State shall be considered the employer of home care |
| 2 | | and home health workers who function as personal assistants |
| 3 | | and individual maintenance home health workers and who also |
| 4 | | work under the Home Services Program under Section 3 of the |
| 5 | | Rehabilitation of Persons with Disabilities Act, no matter |
| 6 | | whether the State provides those services through direct |
| 7 | | fee-for-service arrangements, with the assistance of a managed |
| 8 | | care organization or other intermediary, or otherwise, but |
| 9 | | subject to the limitations set forth in this Act and the |
| 10 | | Rehabilitation of Persons with Disabilities Act. The State |
| 11 | | shall not
be
considered to be the employer of home care and |
| 12 | | home health workers who function as personal
assistants and |
| 13 | | individual maintenance home health workers and who also work |
| 14 | | under the Home Services Program under Section 3 of the |
| 15 | | Rehabilitation of Persons with Disabilities Act, for any
|
| 16 | | purposes not specifically provided for in Public Act 93-204 or |
| 17 | | Public Act 97-1158, including but not limited to, purposes of |
| 18 | | vicarious liability in tort
and
purposes of statutory |
| 19 | | retirement or health insurance benefits. Home care and home |
| 20 | | health workers who function as
personal assistants and |
| 21 | | individual maintenance home health workers and who also work |
| 22 | | under the Home Services Program under Section 3 of the |
| 23 | | Rehabilitation of Persons with Disabilities Act shall not be |
| 24 | | covered by the State Employees Group
Insurance Act of 1971.
As |
| 25 | | of January 1, 2006 (the effective date of Public Act 94-320) |
| 26 | | this amendatory Act of the 94th General Assembly but not |
|
| | HB5501 | - 61 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | before, the State of Illinois shall be considered the employer |
| 2 | | of the day and child care home providers participating in the |
| 3 | | child care assistance program under Section 9A-11 of the |
| 4 | | Illinois Public Aid Code, subject to the limitations set forth |
| 5 | | in this Act and in Section 9A-11 of the Illinois Public Aid |
| 6 | | Code. The State shall not be considered to be the employer of |
| 7 | | child and day care home providers for any purposes not |
| 8 | | specifically provided for in Public Act 94-320 this amendatory |
| 9 | | Act of the 94th General Assembly, including, but not limited |
| 10 | | to, purposes of vicarious liability in tort and purposes of |
| 11 | | statutory retirement or health insurance benefits. Child and |
| 12 | | day care home providers shall not be covered by the State |
| 13 | | Employees Group Insurance Act of 1971. |
| 14 | | "Public employer" or
"employer" as used in this Act, |
| 15 | | however, does not
mean and shall not include the General |
| 16 | | Assembly of the State of Illinois,
the Executive Ethics |
| 17 | | Commission, the Offices of the Executive Inspectors
General, |
| 18 | | the Legislative Ethics Commission, the Office of the |
| 19 | | Legislative
Inspector General, the Office of the Auditor |
| 20 | | General's Inspector General, the Office of the Governor, the |
| 21 | | Governor's Office of Management and Budget, the Illinois |
| 22 | | Finance Authority, the Office of the Lieutenant Governor, the |
| 23 | | State Board of Elections, and educational employers or |
| 24 | | employers as defined in the Illinois
Educational Labor |
| 25 | | Relations Act, except with respect to a state university in
|
| 26 | | its employment of firefighters and peace officers and except |
|
| | HB5501 | - 62 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with respect to a school district in the employment of peace |
| 2 | | officers in its own police department in existence on July 23, |
| 3 | | 2010 (the effective date of Public Act 96-1257) this |
| 4 | | amendatory Act of the 96th General Assembly. County boards and |
| 5 | | county
sheriffs shall be
designated as joint or co-employers |
| 6 | | of county peace officers appointed
under the authority of a |
| 7 | | county sheriff. Nothing in this subsection
(o) shall be |
| 8 | | construed
to prevent the State Panel or the Local Panel
from |
| 9 | | determining that employers are joint or co-employers.
|
| 10 | | (o-5) With respect to
wages, fringe
benefits, hours, |
| 11 | | holidays, vacations, proficiency
examinations, sick leave, and |
| 12 | | other conditions of
employment, the public employer of public |
| 13 | | employees who are court reporters, as
defined in the Court |
| 14 | | Reporters Act, shall be determined as
follows:
|
| 15 | | (1) For court reporters employed by the Cook County |
| 16 | | Judicial
Circuit, the chief judge of the Cook County |
| 17 | | Circuit
Court is the public employer and employer |
| 18 | | representative.
|
| 19 | | (2) For court reporters employed by the 12th, 18th, |
| 20 | | 19th, and, on and after December 4, 2006, the 22nd |
| 21 | | judicial
circuits, a group consisting of the chief judges |
| 22 | | of those circuits, acting
jointly by majority vote, is the |
| 23 | | public employer and employer representative.
|
| 24 | | (3) For court reporters employed by all other judicial |
| 25 | | circuits,
a group consisting of the chief judges of those |
| 26 | | circuits, acting jointly by
majority vote, is the public |
|
| | HB5501 | - 63 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | employer and employer representative.
|
| 2 | | (p) "Security employee" means an employee who is |
| 3 | | responsible for the
supervision and control of inmates at |
| 4 | | correctional facilities. The term
also includes other |
| 5 | | non-security employees in bargaining units having the
majority |
| 6 | | of employees being responsible for the supervision and control |
| 7 | | of
inmates at correctional facilities.
|
| 8 | | (q) "Short-term employee" means an employee who is |
| 9 | | employed for less
than 2 consecutive calendar quarters during |
| 10 | | a calendar year and who does
not have a reasonable assurance |
| 11 | | that he or she will be rehired by the
same employer for the |
| 12 | | same service in a subsequent calendar year.
|
| 13 | | (q-5) "State agency" means an agency directly responsible |
| 14 | | to the Governor, as defined in Section 3.1 of the Executive |
| 15 | | Reorganization Implementation Act, and the Illinois Commerce |
| 16 | | Commission, the Illinois Workers' Compensation Commission, the |
| 17 | | Civil Service Commission, the Pollution Control Board, the |
| 18 | | Illinois Racing Board, and the Illinois State Police Merit |
| 19 | | Board. |
| 20 | | (r) "Supervisor" is: |
| 21 | | (1) An employee whose principal work is substantially
|
| 22 | | different from that of his or her subordinates and who has |
| 23 | | authority, in the
interest of the employer, to hire, |
| 24 | | transfer, suspend, lay off, recall,
promote, discharge, |
| 25 | | direct, reward, or discipline employees, to adjust
their |
| 26 | | grievances, or to effectively recommend any of those |
|
| | HB5501 | - 64 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | actions, if the
exercise
of that authority is not of a |
| 2 | | merely routine or clerical nature, but
requires the |
| 3 | | consistent use of independent judgment. Except with |
| 4 | | respect to
police employment, the term "supervisor" |
| 5 | | includes only those individuals
who devote a preponderance |
| 6 | | of their employment time to exercising that
authority, |
| 7 | | State supervisors notwithstanding. Determinations of |
| 8 | | supervisor status shall be based on actual employee job |
| 9 | | duties and not solely on written job descriptions. Nothing |
| 10 | | in this definition prohibits an individual from also |
| 11 | | meeting the definition of "managerial employee" under |
| 12 | | subsection (j) of this Section. In addition, in |
| 13 | | determining
supervisory status in police employment, rank |
| 14 | | shall not be determinative.
The Board shall consider, as |
| 15 | | evidence of bargaining unit inclusion or
exclusion, the |
| 16 | | common law enforcement policies and relationships between
|
| 17 | | police officer ranks and certification under applicable |
| 18 | | civil service law,
ordinances, personnel codes, or |
| 19 | | Division 2.1 of Article 10 of the Illinois
Municipal Code, |
| 20 | | but these factors shall not
be the sole or predominant |
| 21 | | factors considered by the Board in determining
police |
| 22 | | supervisory status.
|
| 23 | | Notwithstanding the provisions of the preceding |
| 24 | | paragraph, in determining
supervisory status in fire |
| 25 | | fighter employment, no fire fighter shall be
excluded as a |
| 26 | | supervisor who has established representation rights under
|
|
| | HB5501 | - 65 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 9 of this Act. Further, in new fire fighter units, |
| 2 | | employees shall
consist of fire fighters of the rank of |
| 3 | | company officer and below. If a company officer otherwise |
| 4 | | qualifies as a supervisor under the preceding paragraph, |
| 5 | | however, he or she shall
not be included in the fire |
| 6 | | fighter
unit. If there is no rank between that of chief and |
| 7 | | the
highest company officer, the employer may designate a |
| 8 | | position on each
shift as a Shift Commander, and the |
| 9 | | persons occupying those positions shall
be supervisors. |
| 10 | | All other ranks above that of company officer shall be
|
| 11 | | supervisors.
|
| 12 | | (2) With respect only to State employees in positions |
| 13 | | under the jurisdiction of the Attorney General, Secretary |
| 14 | | of State, Comptroller, or Treasurer (i) that were |
| 15 | | certified in a bargaining unit on or after December 2, |
| 16 | | 2008, (ii) for which a petition is filed with the Illinois |
| 17 | | Public Labor Relations Board on or after April 5, 2013 |
| 18 | | (the effective date of Public Act 97-1172), or (iii) for |
| 19 | | which a petition is pending before the Illinois Public |
| 20 | | Labor Relations Board on that date, an employee who |
| 21 | | qualifies as a supervisor under (A) Section 152 of the |
| 22 | | National Labor Relations Act and (B) orders of the |
| 23 | | National Labor Relations Board interpreting that provision |
| 24 | | or decisions of courts reviewing decisions of the National |
| 25 | | Labor Relations Board. |
| 26 | | (s)(1) "Unit" means a class of jobs or positions that are |
|
| | HB5501 | - 66 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | held by
employees whose collective interests may suitably be |
| 2 | | represented by a labor
organization for collective bargaining. |
| 3 | | Except with respect to non-State fire
fighters and paramedics |
| 4 | | employed by fire departments and fire protection
districts, |
| 5 | | non-State peace officers, and peace officers in the Illinois |
| 6 | | State Police, a bargaining unit determined by the Board shall |
| 7 | | not include both
employees and supervisors, or supervisors |
| 8 | | only, except as provided in paragraph
(2) of this subsection |
| 9 | | (s) and except for bargaining units in existence on July
1, |
| 10 | | 1984 (the effective date of this Act). With respect to |
| 11 | | non-State fire
fighters and paramedics employed by fire |
| 12 | | departments and fire protection
districts, non-State peace |
| 13 | | officers, and peace officers in the Illinois State Police, a |
| 14 | | bargaining unit determined by the Board shall not include both
|
| 15 | | supervisors and nonsupervisors, or supervisors only, except as |
| 16 | | provided in
paragraph (2) of this subsection (s) and except |
| 17 | | for bargaining units in
existence on January 1, 1986 (the |
| 18 | | effective date of this amendatory Act of
1985). A bargaining |
| 19 | | unit determined by the Board to contain peace officers
shall |
| 20 | | contain no employees other than peace officers unless |
| 21 | | otherwise agreed to
by the employer and the labor organization |
| 22 | | or labor organizations involved.
Notwithstanding any other |
| 23 | | provision of this Act, a bargaining unit, including a
|
| 24 | | historical bargaining unit, containing sworn peace officers of |
| 25 | | the Department
of Natural Resources (formerly designated the |
| 26 | | Department of Conservation) shall
contain no employees other |
|
| | HB5501 | - 67 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | than such sworn peace officers upon the effective
date of this |
| 2 | | amendatory Act of 1990 or upon the expiration date of any
|
| 3 | | collective bargaining agreement in effect upon the effective |
| 4 | | date of this
amendatory Act of 1990 covering both such sworn |
| 5 | | peace officers and other
employees.
|
| 6 | | (2) Notwithstanding the exclusion of supervisors from |
| 7 | | bargaining units
as provided in paragraph (1) of this |
| 8 | | subsection (s), a public
employer may agree to permit its |
| 9 | | supervisory employees to form bargaining units
and may bargain |
| 10 | | with those units. This Act shall apply if the public employer
|
| 11 | | chooses to bargain under this subsection.
|
| 12 | | (3) Public employees who are court reporters, as defined
|
| 13 | | in the Court Reporters Act,
shall be divided into 3 units for |
| 14 | | collective bargaining purposes. One unit
shall be court |
| 15 | | reporters employed by the Cook County Judicial Circuit; one
|
| 16 | | unit shall be court reporters employed by the 12th, 18th, |
| 17 | | 19th, and, on and after December 4, 2006, the 22nd judicial
|
| 18 | | circuits; and one unit shall be court reporters employed by |
| 19 | | all other
judicial circuits.
|
| 20 | | (t) "Active petition for certification in a bargaining |
| 21 | | unit" means a petition for certification filed with the Board |
| 22 | | under one of the following case numbers: S-RC-11-110; |
| 23 | | S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074; |
| 24 | | S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054; |
| 25 | | S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014; |
| 26 | | S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004; |
|
| | HB5501 | - 68 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220; |
| 2 | | S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178; |
| 3 | | S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088; |
| 4 | | S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060; |
| 5 | | S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040; |
| 6 | | S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004; |
| 7 | | S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012; |
| 8 | | S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156; |
| 9 | | S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or |
| 10 | | S-RC-07-100. |
| 11 | | (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; |
| 12 | | revised 10-13-21.)
|
| 13 | | (5 ILCS 315/9) (from Ch. 48, par. 1609)
|
| 14 | | Sec. 9. Elections; recognition.
|
| 15 | | (a) Whenever in accordance with such
regulations as may be |
| 16 | | prescribed by the Board a petition has been filed:
|
| 17 | | (1) by a public employee or group of public employees |
| 18 | | or any labor
organization acting in their behalf |
| 19 | | demonstrating that 30% of the public
employees in an |
| 20 | | appropriate unit (A) wish to be represented for the
|
| 21 | | purposes of collective bargaining by a labor organization |
| 22 | | as exclusive
representative, or (B) asserting that the |
| 23 | | labor organization which has been
certified or is |
| 24 | | currently recognized by the public employer as bargaining
|
| 25 | | representative is no longer the representative of the |
|
| | HB5501 | - 69 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | majority of public
employees in the unit; or
|
| 2 | | (2) by a public employer alleging that one or more |
| 3 | | labor organizations
have presented to it a claim that they |
| 4 | | be recognized as the representative
of a majority of the |
| 5 | | public employees in an appropriate unit, the Board
shall |
| 6 | | investigate such petition, and if it has reasonable cause |
| 7 | | to believe
that a question of representation exists, shall |
| 8 | | provide for an appropriate
hearing upon due notice. Such |
| 9 | | hearing shall be held at the offices of
the Board or such |
| 10 | | other location as the Board deems appropriate.
If it finds |
| 11 | | upon the record of the hearing that a question of
|
| 12 | | representation exists, it shall direct an election in |
| 13 | | accordance with
subsection (d) of this Section, which |
| 14 | | election shall be held not later than
120 days after the |
| 15 | | date the petition was filed regardless of whether that
|
| 16 | | petition was filed before or after July 1, 1988 (the |
| 17 | | effective date of Public Act 85-924) this amendatory
Act |
| 18 | | of 1987; provided, however, the Board may extend the time |
| 19 | | for holding an
election by an additional 60 days if, upon |
| 20 | | motion by a person who has filed
a petition under this |
| 21 | | Section or is the subject of a petition filed under
this |
| 22 | | Section and is a party to such hearing, or upon the Board's |
| 23 | | own
motion, the Board finds that good cause has been shown |
| 24 | | for extending the
election date; provided further, that |
| 25 | | nothing in this Section shall prohibit
the Board, in its |
| 26 | | discretion, from extending the time for holding an
|
|
| | HB5501 | - 70 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | election for so long as may be necessary under the |
| 2 | | circumstances, where the
purpose for such extension is to |
| 3 | | permit resolution by the Board of an
unfair labor practice |
| 4 | | charge filed by one of the parties to a
representational |
| 5 | | proceeding against the other based upon conduct which may
|
| 6 | | either affect the existence of a question concerning |
| 7 | | representation or have
a tendency to interfere with a fair |
| 8 | | and free election, where the party
filing the charge has |
| 9 | | not filed a request to proceed with the election; and
|
| 10 | | provided further that prior to the expiration of the total |
| 11 | | time allotted
for holding an election, a person who has |
| 12 | | filed a petition under this
Section or is the subject of a |
| 13 | | petition filed under this Section and is a
party to such |
| 14 | | hearing or the Board, may move for and obtain the entry
of |
| 15 | | an order in the circuit court of the county in which the |
| 16 | | majority of the
public employees sought to be represented |
| 17 | | by such person reside, such order
extending the date upon |
| 18 | | which the election shall be held. Such order shall
be |
| 19 | | issued by the circuit court only upon a judicial finding |
| 20 | | that there has
been a sufficient showing that there is |
| 21 | | good cause to extend the election
date beyond such period |
| 22 | | and shall require the Board to hold the
election as soon as |
| 23 | | is feasible given the totality of the circumstances.
Such |
| 24 | | 120-day 120 day period may be extended one or more times by |
| 25 | | the agreement
of all parties to the hearing to a date |
| 26 | | certain without the necessity of
obtaining a court order. |
|
| | HB5501 | - 71 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The showing of interest in support of a petition filed |
| 2 | | under paragraph (1) of this subsection (a) may be |
| 3 | | evidenced by electronic communications, and such writing |
| 4 | | or communication may be evidenced by the electronic |
| 5 | | signature of the employee as provided under Section 5-120 |
| 6 | | of the Electronic Commerce Security Act. The showing of |
| 7 | | interest shall be valid only if signed within 12 months |
| 8 | | prior to the filing of the petition. Nothing in this |
| 9 | | Section prohibits the waiving
of hearings by stipulation |
| 10 | | for the purpose of a consent election in conformity
with |
| 11 | | the rules and regulations of the Board or an election in a |
| 12 | | unit agreed
upon by the parties. Other interested employee |
| 13 | | organizations may intervene
in the proceedings in the |
| 14 | | manner and within the time period specified by
rules and |
| 15 | | regulations of the Board. Interested parties who are |
| 16 | | necessary
to the proceedings may also intervene in the |
| 17 | | proceedings in the manner and
within the time period |
| 18 | | specified by the rules and regulations of the Board.
|
| 19 | | (a-5) The Board shall designate an exclusive |
| 20 | | representative for purposes
of
collective bargaining when the |
| 21 | | representative demonstrates a showing of
majority interest by |
| 22 | | employees in the unit. If the parties to a dispute are
without
|
| 23 | | agreement on the means to ascertain the choice, if any, of |
| 24 | | employee
organization
as their representative, the Board shall |
| 25 | | ascertain the employees' choice of
employee organization, on |
| 26 | | the basis of dues deduction authorization or other
evidence, |
|
| | HB5501 | - 72 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or, if necessary, by conducting an election. The showing of |
| 2 | | interest in support of a petition filed under this subsection |
| 3 | | (a-5) may be evidenced by electronic communications, and such |
| 4 | | writing or communication may be evidenced by the electronic |
| 5 | | signature of the employee as provided under Section 5-120 of |
| 6 | | the Electronic Commerce Security Act. The showing of interest |
| 7 | | shall be valid only if signed within 12 months prior to the |
| 8 | | filing of the petition. All evidence submitted by an employee |
| 9 | | organization to the Board to ascertain an employee's choice of |
| 10 | | an employee organization is confidential and shall not be |
| 11 | | submitted to the employer for review. The Board shall |
| 12 | | ascertain the employee's choice of employee organization |
| 13 | | within 120 days after the filing of the majority interest |
| 14 | | petition; however, the Board may extend time by an additional |
| 15 | | 60 days, upon its own motion or upon the motion of a party to |
| 16 | | the proceeding. If either party provides
to the Board, before |
| 17 | | the designation of a representative, clear and convincing
|
| 18 | | evidence that the dues deduction authorizations, and other |
| 19 | | evidence upon which
the Board would otherwise rely to |
| 20 | | ascertain the employees' choice of
representative, are |
| 21 | | fraudulent or were obtained through coercion, the Board
shall |
| 22 | | promptly thereafter conduct an election. The Board shall also |
| 23 | | investigate
and consider a party's allegations that the dues |
| 24 | | deduction authorizations and
other evidence submitted in |
| 25 | | support of a designation of representative without
an election |
| 26 | | were subsequently changed, altered, withdrawn, or withheld as |
|
| | HB5501 | - 73 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a
result of employer fraud, coercion, or any other unfair |
| 2 | | labor practice by the
employer. If the Board determines that a |
| 3 | | labor organization would have had a
majority interest but for |
| 4 | | an employer's fraud, coercion, or unfair labor
practice, it |
| 5 | | shall designate the labor organization as an exclusive
|
| 6 | | representative without conducting an
election. If a hearing is |
| 7 | | necessary to resolve any issues of representation under this |
| 8 | | Section, the Board shall conclude its hearing process and |
| 9 | | issue a certification of the entire appropriate unit not later |
| 10 | | than 120 days after the date the petition was filed. The |
| 11 | | 120-day period may be extended one or more times by the |
| 12 | | agreement of all parties to a hearing to a date certain.
|
| 13 | | (a-6) A labor organization or an employer may file a unit |
| 14 | | clarification petition seeking to clarify an existing |
| 15 | | bargaining unit. Unit clarification petitions may be filed if: |
| 16 | | (1) substantial changes occur in the duties and functions of |
| 17 | | an existing job title, raising an issue as to the title's unit |
| 18 | | placement; (2) an existing job title that is logically |
| 19 | | encompassed within the existing unit was inadvertently |
| 20 | | excluded by the parties at the time the unit was established; |
| 21 | | (3) a newly created job title is logically encompassed within |
| 22 | | an existing unit; (4) a significant change takes place in |
| 23 | | statutory or case law that affects the bargaining rights of |
| 24 | | employees; (5) a determination needs to be made as to the unit |
| 25 | | placement of positions in dispute following a majority |
| 26 | | interest certification of representative issued under |
|
| | HB5501 | - 74 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | subsection (a-5); (6) a determination needs to be made as to |
| 2 | | the unit placement of positions in dispute following a |
| 3 | | certification of representative issued following a direction |
| 4 | | of election under subsection (d); (7) the parties have agreed |
| 5 | | to eliminate a position or title because the employer no |
| 6 | | longer uses it; (8) the parties have agreed to exclude some of |
| 7 | | the positions in a title or classification from a bargaining |
| 8 | | unit and include others; or (9) as prescribed in rules set by |
| 9 | | the Board. The Board shall conclude its investigation, |
| 10 | | including any hearing process deemed necessary, and issue a |
| 11 | | certification of clarified unit or dismiss the petition not |
| 12 | | later than 120 days after the date the petition was filed. The |
| 13 | | 120-day period may be extended one or more times by the |
| 14 | | agreement of all parties to a hearing to a date certain. |
| 15 | | (b) The Board shall decide in each case, in order to assure |
| 16 | | public employees
the fullest freedom in exercising the rights |
| 17 | | guaranteed by this Act, a unit
appropriate for the purpose of |
| 18 | | collective bargaining, based upon but not
limited to such |
| 19 | | factors as: historical pattern of recognition; community
of |
| 20 | | interest including employee skills and functions; degree of |
| 21 | | functional
integration; interchangeability and contact among |
| 22 | | employees; fragmentation
of employee groups; common |
| 23 | | supervision, wages, hours and other working
conditions of the |
| 24 | | employees involved; and the desires of the employees.
For |
| 25 | | purposes of this subsection, fragmentation shall not be the |
| 26 | | sole or
predominant factor used by the Board in determining an |
|
| | HB5501 | - 75 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | appropriate
bargaining unit. Except with respect to non-State |
| 2 | | fire fighters and
paramedics employed by fire departments and |
| 3 | | fire protection districts,
non-State peace officers and peace |
| 4 | | officers in the Illinois State Police, a single bargaining |
| 5 | | unit determined by the
Board may not include both supervisors |
| 6 | | and nonsupervisors, except for
bargaining units in existence |
| 7 | | on the effective date of this Act. With
respect to non-State |
| 8 | | fire fighters and paramedics employed by fire
departments and |
| 9 | | fire protection districts, non-State peace officers and
peace |
| 10 | | officers in the Illinois State Police, a single bargaining
|
| 11 | | unit determined by the Board may not include both supervisors |
| 12 | | and
nonsupervisors, except for bargaining units in existence |
| 13 | | on January 1, 1986 (the effective
date of Public Act 84-1104) |
| 14 | | this amendatory Act of 1985.
|
| 15 | | In cases involving an historical pattern of recognition, |
| 16 | | and in cases where
the employer has recognized the union as the |
| 17 | | sole and exclusive bargaining
agent for a specified existing |
| 18 | | unit, the Board shall find the employees
in the unit then |
| 19 | | represented by the union pursuant to the recognition to
be the |
| 20 | | appropriate unit.
|
| 21 | | Notwithstanding the above factors, where the majority of |
| 22 | | public employees
of a craft so decide, the Board shall |
| 23 | | designate such craft as a unit
appropriate for the purposes of |
| 24 | | collective bargaining.
|
| 25 | | The Board shall not decide that any unit is appropriate if |
| 26 | | such unit
includes both professional and nonprofessional |
|
| | HB5501 | - 76 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | employees, unless a majority
of each group votes for inclusion |
| 2 | | in such unit.
|
| 3 | | (c) Nothing in this Act shall interfere with or negate the |
| 4 | | current
representation rights or patterns and practices of |
| 5 | | labor organizations
which have historically represented public |
| 6 | | employees for the purpose of
collective bargaining, including |
| 7 | | but not limited to the negotiations of
wages, hours and |
| 8 | | working conditions, discussions of employees' grievances,
|
| 9 | | resolution of jurisdictional disputes, or the establishment |
| 10 | | and maintenance
of prevailing wage rates, unless a majority of |
| 11 | | employees so represented
express a contrary desire pursuant to |
| 12 | | the procedures set forth in this Act.
|
| 13 | | (d) In instances where the employer does not voluntarily |
| 14 | | recognize a labor
organization as the exclusive bargaining |
| 15 | | representative for a unit of
employees, the Board shall |
| 16 | | determine the majority representative of the
public employees |
| 17 | | in an appropriate collective bargaining unit by conducting
a |
| 18 | | secret ballot election, except as otherwise provided in |
| 19 | | subsection (a-5). Such a secret ballot election may be |
| 20 | | conducted electronically, using an electronic voting system, |
| 21 | | in addition to paper ballot voting systems.
Within 7 days |
| 22 | | after the Board issues its
bargaining unit determination and |
| 23 | | direction of election or the execution of
a stipulation for |
| 24 | | the purpose of a consent election, the public employer
shall |
| 25 | | submit to the labor organization the complete names and |
| 26 | | addresses of
those employees who are determined by the Board |
|
| | HB5501 | - 77 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to be eligible to
participate in the election. When the Board |
| 2 | | has determined that a labor
organization has been fairly and |
| 3 | | freely chosen by a majority of employees
in an appropriate |
| 4 | | unit, it shall certify such organization as the exclusive
|
| 5 | | representative. If the Board determines that a majority of |
| 6 | | employees in an
appropriate unit has fairly and freely chosen |
| 7 | | not to be represented by a
labor organization, it shall so |
| 8 | | certify. The Board may also revoke the
certification of the |
| 9 | | public employee organizations as exclusive bargaining
|
| 10 | | representatives which have been found by a secret ballot |
| 11 | | election to be no
longer the majority representative.
|
| 12 | | (e) The Board shall not conduct an election in any |
| 13 | | bargaining unit or
any subdivision thereof within which a |
| 14 | | valid election has been held in the
preceding 12-month period. |
| 15 | | The Board shall determine who is eligible to
vote in an |
| 16 | | election and shall establish rules governing the conduct of |
| 17 | | the
election or conduct affecting the results of the election. |
| 18 | | The Board shall
include on a ballot in a representation |
| 19 | | election a choice of "no
representation". A labor organization |
| 20 | | currently representing the bargaining
unit of employees shall |
| 21 | | be placed on the ballot in any representation
election. In any |
| 22 | | election where none of the choices on the ballot receives
a |
| 23 | | majority, a runoff election shall be conducted between the 2 |
| 24 | | choices
receiving the largest number of valid votes cast in |
| 25 | | the election. A labor
organization which receives a majority |
| 26 | | of the votes cast in an election
shall be certified by the |
|
| | HB5501 | - 78 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Board as exclusive representative of all public
employees in |
| 2 | | the unit.
|
| 3 | | (f) A labor
organization shall be designated as the |
| 4 | | exclusive representative by a
public employer, provided that |
| 5 | | the labor
organization represents a majority of the public |
| 6 | | employees in an
appropriate unit. Any employee organization |
| 7 | | which is designated or selected
by the majority of public |
| 8 | | employees, in a unit of the public employer
having no other |
| 9 | | recognized or certified representative, as their
|
| 10 | | representative for purposes of collective bargaining may |
| 11 | | request
recognition by the public employer in writing. The |
| 12 | | public employer shall
post such request for a period of at |
| 13 | | least 20 days following its receipt
thereof on bulletin boards |
| 14 | | or other places used or reserved for employee
notices.
|
| 15 | | (g) Within the 20-day period any other interested employee |
| 16 | | organization
may petition the Board in the manner specified by |
| 17 | | rules and regulations
of the Board, provided that such |
| 18 | | interested employee organization has been
designated by at |
| 19 | | least 10% of the employees in an appropriate bargaining
unit |
| 20 | | which includes all or some of the employees in the unit |
| 21 | | recognized
by the employer. In such event, the Board shall |
| 22 | | proceed with the petition
in the same manner as provided by |
| 23 | | paragraph (1) of subsection (a) of this
Section.
|
| 24 | | (h) No election shall be directed by the Board in any |
| 25 | | bargaining unit
where there is in force a valid collective |
| 26 | | bargaining agreement. The Board,
however, may process an |
|
| | HB5501 | - 79 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | election petition filed between 90 and 60 days prior
to the |
| 2 | | expiration of the date of an agreement, and may further |
| 3 | | refine, by
rule or decision, the implementation of this |
| 4 | | provision.
Where more than 4 years have elapsed since the |
| 5 | | effective date of the agreement,
the agreement shall continue |
| 6 | | to bar an election, except that the Board may
process an |
| 7 | | election petition filed between 90 and 60 days prior to the end |
| 8 | | of
the fifth year of such an agreement, and between 90 and 60 |
| 9 | | days prior to the
end of each successive year of such |
| 10 | | agreement.
|
| 11 | | (i) An order of the Board dismissing a representation |
| 12 | | petition,
determining and certifying that a labor organization |
| 13 | | has been fairly and
freely chosen by a majority of employees in |
| 14 | | an appropriate bargaining unit,
determining and certifying |
| 15 | | that a labor organization has not been fairly
and freely |
| 16 | | chosen by a majority of employees in the bargaining unit or
|
| 17 | | certifying a labor organization as the exclusive |
| 18 | | representative of
employees in an appropriate bargaining unit |
| 19 | | because of a determination by
the Board that the labor |
| 20 | | organization is the historical bargaining
representative of |
| 21 | | employees in the bargaining unit, is a final order. Any
person |
| 22 | | aggrieved by any such order issued on or after July 1, 1988 |
| 23 | | (the effective date of Public Act 85-924)
this amendatory Act |
| 24 | | of 1987 may apply for and obtain judicial review in
accordance |
| 25 | | with provisions of the Administrative Review Law, as now or
|
| 26 | | hereafter amended, except that such review shall be afforded |
|
| | HB5501 | - 80 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | directly in
the Appellate Court for the district in which the |
| 2 | | aggrieved party resides
or transacts business.
Any direct |
| 3 | | appeal to the Appellate Court shall be filed within 35 days |
| 4 | | from
the date that a copy of the decision sought to be reviewed |
| 5 | | was served upon the
party affected by the decision.
|
| 6 | | (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21; |
| 7 | | 102-596, eff. 8-27-21; revised 10-15-21.)
|
| 8 | | (5 ILCS 315/10) (from Ch. 48, par. 1610)
|
| 9 | | Sec. 10. Unfair labor practices.
|
| 10 | | (a) It shall be an unfair labor practice
for an employer or |
| 11 | | its agents:
|
| 12 | | (1) to interfere with, restrain, or coerce public |
| 13 | | employees in the
exercise of the rights guaranteed in this |
| 14 | | Act or to dominate or interfere
with the formation, |
| 15 | | existence or administration of any labor organization
or |
| 16 | | contribute financial or other support to it; provided, an |
| 17 | | employer shall
not be prohibited from permitting employees |
| 18 | | to confer with him during
working hours without loss of |
| 19 | | time or pay;
|
| 20 | | (2) to discriminate in regard to hire or tenure of |
| 21 | | employment or any term
or condition of employment in order |
| 22 | | to encourage or discourage membership
in or other support |
| 23 | | for any labor organization. Nothing in this Act or any
|
| 24 | | other law precludes a public employer from making an |
| 25 | | agreement with a labor
organization to require as a |
|
| | HB5501 | - 81 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | condition of employment the payment of a fair
share under |
| 2 | | paragraph (e) of Section 6;
|
| 3 | | (3) to discharge or otherwise discriminate against a |
| 4 | | public employee because
he has signed or filed an |
| 5 | | affidavit, petition, or charge or provided any
information |
| 6 | | or testimony under this Act;
|
| 7 | | (4) to refuse to bargain collectively in good faith |
| 8 | | with a labor
organization which is the exclusive |
| 9 | | representative of public employees in
an appropriate unit, |
| 10 | | including, but not limited to, the discussing of
|
| 11 | | grievances with the exclusive representative;
|
| 12 | | (5) to violate any of the rules and regulations |
| 13 | | established by the Board
with jurisdiction over them |
| 14 | | relating to the conduct of representation elections
or the |
| 15 | | conduct affecting the representation elections;
|
| 16 | | (6) to expend or cause the expenditure of public funds |
| 17 | | to any external
agent, individual, firm, agency, |
| 18 | | partnership, or association in any attempt
to influence |
| 19 | | the outcome of representational elections held pursuant to
|
| 20 | | Section 9 of this Act; provided, that nothing in this |
| 21 | | subsection shall be
construed to limit an employer's right |
| 22 | | to internally communicate with its
employees as provided |
| 23 | | in subsection (c) of this Section, to be represented
on |
| 24 | | any matter pertaining to unit determinations, unfair labor |
| 25 | | practice
charges or pre-election conferences in any formal |
| 26 | | or informal proceeding
before the Board, or to seek or |
|
| | HB5501 | - 82 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | obtain advice from legal counsel.
Nothing in this |
| 2 | | paragraph shall be construed to prohibit an employer from
|
| 3 | | expending or causing the expenditure of public funds on, |
| 4 | | or seeking or
obtaining services or advice from, any |
| 5 | | organization, group, or association
established by and |
| 6 | | including public or educational employers, whether
covered |
| 7 | | by this Act, the Illinois Educational Labor Relations Act |
| 8 | | or the
public employment labor relations law of any other |
| 9 | | state or the federal
government, provided that such |
| 10 | | services or advice are generally available
to the |
| 11 | | membership of the organization, group or association, and |
| 12 | | are not
offered solely in an attempt to influence the |
| 13 | | outcome of a particular
representational election;
|
| 14 | | (7) to refuse to reduce a collective bargaining |
| 15 | | agreement to writing
or to refuse to sign such agreement;
|
| 16 | | (8) to interfere with, restrain, coerce, deter, or |
| 17 | | discourage public employees or applicants to be public |
| 18 | | employees from: (i) becoming or remaining members of a |
| 19 | | labor organization; (ii) authorizing representation by a |
| 20 | | labor organization; or (iii) authorizing dues or fee |
| 21 | | deductions to a labor organization, nor shall the employer |
| 22 | | intentionally permit outside third parties to use its |
| 23 | | email or other communication systems to engage in that |
| 24 | | conduct. An employer's good faith implementation of a |
| 25 | | policy to block the use of its email or other |
| 26 | | communication systems for such purposes shall be a defense |
|
| | HB5501 | - 83 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to an unfair labor practice; |
| 2 | | (9) to disclose to any person or entity information |
| 3 | | set forth in subsection (c-5) of Section 6 of this Act that |
| 4 | | the employer knows or should know will be used to |
| 5 | | interfere with, restrain, coerce, deter, or discourage any |
| 6 | | public employee from: (i) becoming or remaining members of |
| 7 | | a labor organization, (ii) authorizing representation by a |
| 8 | | labor organization, or (iii) authorizing dues or fee |
| 9 | | deductions to a labor organization; or |
| 10 | | (10) to promise, threaten, or take any action: (i) to |
| 11 | | permanently replace an employee who participates in a |
| 12 | | lawful strike as provided under Section 17; (ii) to |
| 13 | | discriminate against an employee who is working or has |
| 14 | | unconditionally offered to return to work for the employer |
| 15 | | because the employee supported or participated in such a |
| 16 | | lawful strike; or (iii) to lock out lockout, suspend, or |
| 17 | | otherwise withhold employment from employees in order to |
| 18 | | influence the position of such employees or the |
| 19 | | representative of such employees in collective bargaining |
| 20 | | prior to a lawful strike. |
| 21 | | (b) It shall be an unfair labor practice for a labor |
| 22 | | organization or its agents:
|
| 23 | | (1) to restrain or coerce public employees in the |
| 24 | | exercise of the rights
guaranteed in this Act, provided, |
| 25 | | (i) that this paragraph shall
not impair the right of a |
| 26 | | labor organization to prescribe its own rules
with respect |
|
| | HB5501 | - 84 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to the acquisition or retention of membership therein or |
| 2 | | the
determination of fair share payments and (ii) that a |
| 3 | | labor organization
or its agents shall commit an unfair |
| 4 | | labor practice under this paragraph in
duty of fair |
| 5 | | representation cases only by intentional misconduct in
|
| 6 | | representing employees under this Act;
|
| 7 | | (2) to restrain or coerce a public employer in the |
| 8 | | selection of his
representatives for the purposes of |
| 9 | | collective bargaining or the settlement
of grievances; or
|
| 10 | | (3) to cause, or attempt to cause, an employer to |
| 11 | | discriminate against
an employee in violation of |
| 12 | | subsection (a)(2);
|
| 13 | | (4) to refuse to bargain collectively in good faith |
| 14 | | with a public employer,
if it has been designated in |
| 15 | | accordance with the provisions of this Act
as the |
| 16 | | exclusive representative of public employees in an |
| 17 | | appropriate unit;
|
| 18 | | (5) to violate any of the rules and regulations |
| 19 | | established by the
boards with jurisdiction over them |
| 20 | | relating to the conduct of
representation elections or the |
| 21 | | conduct affecting the representation elections;
|
| 22 | | (6) to discriminate against any employee because he |
| 23 | | has signed or filed
an affidavit, petition, or charge or |
| 24 | | provided any information or testimony
under this Act;
|
| 25 | | (7) to picket or cause to be picketed, or threaten to |
| 26 | | picket or cause
to be picketed, any public employer where |
|
| | HB5501 | - 85 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | an object thereof is forcing or
requiring an employer to |
| 2 | | recognize or bargain with a labor organization
of the |
| 3 | | representative of its employees, or forcing or requiring |
| 4 | | the employees
of an employer to accept or select such |
| 5 | | labor organization as their collective
bargaining |
| 6 | | representative, unless such labor organization is |
| 7 | | currently
certified as the representative of such |
| 8 | | employees:
|
| 9 | | (A) where the employer has lawfully recognized in |
| 10 | | accordance with this
Act any labor organization and a |
| 11 | | question concerning representation may
not |
| 12 | | appropriately be raised under Section 9 of this Act;
|
| 13 | | (B) where within the preceding 12 months a valid |
| 14 | | election under Section
9 of this Act has been |
| 15 | | conducted; or
|
| 16 | | (C) where such picketing has been conducted |
| 17 | | without a petition under Section
9 being filed within |
| 18 | | a reasonable period of time not to exceed 30 days from
|
| 19 | | the commencement of such picketing; provided that when |
| 20 | | such a petition has
been filed the Board shall |
| 21 | | forthwith, without regard to the provisions of
|
| 22 | | subsection (a) of Section 9 or the absence of a showing |
| 23 | | of a substantial
interest on the part of the labor |
| 24 | | organization, direct an election in such
unit as the |
| 25 | | Board finds to be appropriate and shall certify the |
| 26 | | results
thereof; provided further, that nothing in |
|
| | HB5501 | - 86 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this subparagraph shall be construed
to prohibit any |
| 2 | | picketing or other publicity for the purpose of |
| 3 | | truthfully
advising the public that an employer does |
| 4 | | not employ members of, or have a
contract with, a labor |
| 5 | | organization unless an effect of such picketing is
to |
| 6 | | induce any individual employed by any other person in |
| 7 | | the course of his
employment, not to pick up, deliver, |
| 8 | | or transport any goods or not to
perform any services; |
| 9 | | or
|
| 10 | | (8) to refuse to reduce a collective bargaining |
| 11 | | agreement to writing
or to refuse to sign such agreement.
|
| 12 | | (c) The expressing of any views, argument, or opinion or |
| 13 | | the
dissemination thereof, whether in written, printed, |
| 14 | | graphic, or visual
form, shall not constitute or be evidence |
| 15 | | of an unfair labor practice under
any of the provisions of this |
| 16 | | Act, if such expression contains no threat of
reprisal or |
| 17 | | force or promise of benefit.
|
| 18 | | (d) The employer shall not discourage public employees or |
| 19 | | applicants to be public employees from becoming or remaining |
| 20 | | union members or authorizing dues deductions, and shall not |
| 21 | | otherwise interfere with the relationship between employees |
| 22 | | and their exclusive bargaining representative. The employer |
| 23 | | shall refer all inquiries about union membership to the |
| 24 | | exclusive bargaining representative, except that the employer |
| 25 | | may communicate with employees regarding payroll processes and |
| 26 | | procedures. The employer will establish email policies in an |
|
| | HB5501 | - 87 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | effort to prohibit the use of its email system by outside |
| 2 | | sources. |
| 3 | | (Source: P.A. 101-620, eff. 12-20-19; 102-596, eff. 8-27-21; |
| 4 | | revised 12-2-21.)
|
| 5 | | Section 30. The State Employee Indemnification Act is |
| 6 | | amended by changing Section 1 as follows:
|
| 7 | | (5 ILCS 350/1) (from Ch. 127, par. 1301)
|
| 8 | | Sec. 1. Definitions. For the purpose of this Act:
|
| 9 | | (a) The term "State" means the State of Illinois, the |
| 10 | | General
Assembly, the court, or any State office, department, |
| 11 | | division, bureau,
board, commission, or committee, the |
| 12 | | governing boards of the public
institutions of higher |
| 13 | | education created by the State, the Illinois
National Guard, |
| 14 | | the Illinois State Guard, the Comprehensive Health Insurance |
| 15 | | Board, any poison control
center designated under the Poison |
| 16 | | Control System Act that receives State
funding, or any other |
| 17 | | agency or instrumentality of the State. It
does not mean any |
| 18 | | local public entity as that term is defined in Section
1-206 of |
| 19 | | the Local Governmental and Governmental Employees Tort |
| 20 | | Immunity
Act or a pension fund.
|
| 21 | | (b) The term "employee" means: any present or former |
| 22 | | elected or
appointed officer, trustee or employee of the |
| 23 | | State, or of a pension
fund;
any present or former |
| 24 | | commissioner or employee of the Executive Ethics
Commission or |
|
| | HB5501 | - 88 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the Legislative Ethics Commission; any present or former
|
| 2 | | Executive, Legislative, or Auditor General's Inspector |
| 3 | | General; any present or
former employee of an Office of an |
| 4 | | Executive, Legislative, or Auditor General's
Inspector |
| 5 | | General; any present or former member of the Illinois National
|
| 6 | | Guard
while on active duty; any present or former member of the |
| 7 | | Illinois State
Guard
while on State active duty; individuals |
| 8 | | or organizations who contract with the
Department of |
| 9 | | Corrections, the Department of Juvenile Justice, the |
| 10 | | Comprehensive Health Insurance Board, or the
Department of |
| 11 | | Veterans' Affairs to provide services; individuals or
|
| 12 | | organizations who contract with the Department of Human |
| 13 | | Services (as
successor to the Department of Mental Health and |
| 14 | | Developmental
Disabilities) to provide services including but |
| 15 | | not limited to treatment and
other services for sexually |
| 16 | | violent persons; individuals or organizations who
contract |
| 17 | | with the Department of
Military
Affairs for youth programs; |
| 18 | | individuals or
organizations who contract to perform carnival |
| 19 | | and amusement ride safety
inspections for the Department of |
| 20 | | Labor; individuals who contract with the Office of the State's |
| 21 | | Attorneys Appellate Prosecutor to provide legal services, but |
| 22 | | only when performing duties within the scope of the Office's |
| 23 | | prosecutorial activities; individual representatives of or
|
| 24 | | designated organizations authorized to represent the Office of |
| 25 | | State Long-Term
Ombudsman for the Department on Aging; |
| 26 | | individual representatives of or
organizations designated by |
|
| | HB5501 | - 89 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Department on Aging in the performance of their
duties as |
| 2 | | adult protective services agencies or regional administrative |
| 3 | | agencies
under the Adult Protective Services Act; individuals |
| 4 | | or organizations appointed as members of a review team or the |
| 5 | | Advisory Council under the Adult Protective Services Act; |
| 6 | | individuals or organizations who perform
volunteer services |
| 7 | | for the State where such volunteer relationship is reduced
to |
| 8 | | writing; individuals who serve on any public entity (whether |
| 9 | | created by law
or administrative action) described in |
| 10 | | paragraph (a) of this Section; individuals or not for profit |
| 11 | | organizations who, either as volunteers, where
such volunteer |
| 12 | | relationship is reduced to writing, or pursuant to contract,
|
| 13 | | furnish professional advice or consultation to any agency or |
| 14 | | instrumentality of
the State; individuals who serve as foster |
| 15 | | parents for the Department of
Children and Family Services |
| 16 | | when caring for youth in care as defined in Section 4d of the |
| 17 | | Children and Family Services Act; individuals who serve as |
| 18 | | members of an independent team of experts under the |
| 19 | | Developmental Disability and Mental Health Safety Act (also |
| 20 | | known as Brian's Law); and individuals
who serve as |
| 21 | | arbitrators pursuant to Part 10A of
Article II of the Code of |
| 22 | | Civil Procedure and the rules of the Supreme Court
|
| 23 | | implementing Part 10A, each as now or hereafter amended; the |
| 24 | | members of the Certification Review Panel under the Illinois |
| 25 | | Police Training Act; the term "employee" does not mean an
|
| 26 | | independent contractor except as provided in this Section. The |
|
| | HB5501 | - 90 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | term includes an
individual appointed as an inspector by the |
| 2 | | Director of the Illinois State Police when
performing duties |
| 3 | | within the scope of the activities of a Metropolitan
|
| 4 | | Enforcement Group or a law enforcement organization |
| 5 | | established under the
Intergovernmental Cooperation Act. An |
| 6 | | individual who renders professional
advice and consultation to |
| 7 | | the State through an organization which qualifies as
an |
| 8 | | "employee" under the Act is also an employee. The term |
| 9 | | includes the estate
or personal representative of an employee.
|
| 10 | | (c) The term "pension fund" means a retirement system or |
| 11 | | pension
fund created under the Illinois Pension Code.
|
| 12 | | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22; |
| 13 | | 102-538, eff. 8-20-21; revised 10-6-21.)
|
| 14 | | Section 35. The State Employees Group Insurance Act of |
| 15 | | 1971 is amended by changing Sections 3 and 6.11 as follows:
|
| 16 | | (5 ILCS 375/3) (from Ch. 127, par. 523)
|
| 17 | | Sec. 3. Definitions. Unless the context otherwise |
| 18 | | requires, the
following words and phrases as used in this Act |
| 19 | | shall have the following
meanings. The Department may define |
| 20 | | these and other words and phrases
separately for the purpose |
| 21 | | of implementing specific programs providing benefits
under |
| 22 | | this Act.
|
| 23 | | (a) "Administrative service organization" means any |
| 24 | | person, firm or
corporation experienced in the handling of |
|
| | HB5501 | - 91 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | claims which is
fully qualified, financially sound and capable |
| 2 | | of meeting the service
requirements of a contract of |
| 3 | | administration executed with the Department.
|
| 4 | | (b) "Annuitant" means (1) an employee who retires, or has |
| 5 | | retired,
on or after January 1, 1966 on an immediate annuity |
| 6 | | under the provisions
of Articles 2, 14 (including an employee |
| 7 | | who has elected to receive an alternative retirement |
| 8 | | cancellation payment under Section 14-108.5 of the Illinois |
| 9 | | Pension Code in lieu of an annuity or who meets the criteria |
| 10 | | for retirement, but in lieu of receiving an annuity under that |
| 11 | | Article has elected to receive an accelerated pension benefit |
| 12 | | payment under Section 14-147.5 of that Article), 15 (including |
| 13 | | an employee who has retired under the optional
retirement |
| 14 | | program established under Section 15-158.2 or who meets the |
| 15 | | criteria for retirement but in lieu of receiving an annuity |
| 16 | | under that Article has elected to receive an accelerated |
| 17 | | pension benefit payment under Section 15-185.5 of the |
| 18 | | Article), paragraph
paragraphs (2), (3), or (5) of Section |
| 19 | | 16-106 (including an employee who meets the criteria for |
| 20 | | retirement, but in lieu of receiving an annuity under that |
| 21 | | Article has elected to receive an accelerated pension benefit |
| 22 | | payment under Section 16-190.5 of the Illinois Pension Code), |
| 23 | | or
Article 18 of the Illinois Pension Code; (2) any person who |
| 24 | | was receiving
group insurance coverage under this Act as of |
| 25 | | March 31, 1978 by
reason of his status as an annuitant, even |
| 26 | | though the annuity in relation
to which such coverage was |
|
| | HB5501 | - 92 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provided is a proportional annuity based on less
than the |
| 2 | | minimum period of service required for a retirement annuity in
|
| 3 | | the system involved; (3) any person not otherwise covered by |
| 4 | | this Act
who has retired as a participating member under |
| 5 | | Article 2 of the Illinois
Pension Code but is ineligible for |
| 6 | | the retirement annuity under Section
2-119 of the Illinois |
| 7 | | Pension Code; (4) the spouse of any person who
is receiving a |
| 8 | | retirement annuity under Article 18 of the Illinois Pension
|
| 9 | | Code and who is covered under a group health insurance program |
| 10 | | sponsored
by a governmental employer other than the State of |
| 11 | | Illinois and who has
irrevocably elected to waive his or her |
| 12 | | coverage under this Act and to have
his or her spouse |
| 13 | | considered as the "annuitant" under this Act and not as
a |
| 14 | | "dependent"; or (5) an employee who retires, or has retired, |
| 15 | | from a
qualified position, as determined according to rules |
| 16 | | promulgated by the
Director, under a qualified local |
| 17 | | government, a qualified rehabilitation
facility, a qualified |
| 18 | | domestic violence shelter or service, or a qualified child |
| 19 | | advocacy center. (For definition
of "retired employee", see |
| 20 | | (p) post).
|
| 21 | | (b-5) (Blank).
|
| 22 | | (b-6) (Blank).
|
| 23 | | (b-7) (Blank).
|
| 24 | | (c) "Carrier" means (1) an insurance company, a |
| 25 | | corporation organized
under the Limited Health Service |
| 26 | | Organization Act or the Voluntary Health
Services Plans Act, a |
|
| | HB5501 | - 93 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | partnership, or other nongovernmental organization,
which is |
| 2 | | authorized to do group life or group health insurance business |
| 3 | | in
Illinois, or (2) the State of Illinois as a self-insurer.
|
| 4 | | (d) "Compensation" means salary or wages payable on a |
| 5 | | regular
payroll by the State Treasurer on a warrant of the |
| 6 | | State Comptroller out
of any State, trust or federal fund, or |
| 7 | | by the Governor of the State
through a disbursing officer of |
| 8 | | the State out of a trust or out of
federal funds, or by any |
| 9 | | Department out of State, trust, federal or
other funds held by |
| 10 | | the State Treasurer or the Department, to any person
for |
| 11 | | personal services currently performed, and ordinary or |
| 12 | | accidental
disability benefits under Articles 2, 14, 15 |
| 13 | | (including ordinary or accidental
disability benefits under |
| 14 | | the optional retirement program established under
Section |
| 15 | | 15-158.2), paragraph paragraphs (2), (3), or (5) of
Section |
| 16 | | 16-106, or Article 18 of the Illinois Pension Code, for |
| 17 | | disability
incurred after January 1, 1966, or benefits payable |
| 18 | | under the Workers'
Compensation or Occupational Diseases Act |
| 19 | | or benefits payable under a sick
pay plan established in |
| 20 | | accordance with Section 36 of the State Finance Act.
|
| 21 | | "Compensation" also means salary or wages paid to an employee |
| 22 | | of any
qualified local government, qualified rehabilitation |
| 23 | | facility,
qualified domestic violence shelter or service, or |
| 24 | | qualified child advocacy center.
|
| 25 | | (e) "Commission" means the State Employees Group Insurance |
| 26 | | Advisory
Commission authorized by this Act. Commencing July 1, |
|
| | HB5501 | - 94 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 1984, "Commission"
as used in this Act means the Commission on |
| 2 | | Government Forecasting and Accountability as
established by |
| 3 | | the Legislative Commission Reorganization Act of 1984.
|
| 4 | | (f) "Contributory", when referred to as contributory |
| 5 | | coverage, shall
mean optional coverages or benefits elected by |
| 6 | | the member toward the cost of
which such member makes |
| 7 | | contribution, or which are funded in whole or in part
through |
| 8 | | the acceptance of a reduction in earnings or the foregoing of |
| 9 | | an
increase in earnings by an employee, as distinguished from |
| 10 | | noncontributory
coverage or benefits which are paid entirely |
| 11 | | by the State of Illinois
without reduction of the member's |
| 12 | | salary.
|
| 13 | | (g) "Department" means any department, institution, board,
|
| 14 | | commission, officer, court or any agency of the State |
| 15 | | government
receiving appropriations and having power to |
| 16 | | certify payrolls to the
Comptroller authorizing payments of |
| 17 | | salary and wages against such
appropriations as are made by |
| 18 | | the General Assembly from any State fund, or
against trust |
| 19 | | funds held by the State Treasurer and includes boards of
|
| 20 | | trustees of the retirement systems created by Articles 2, 14, |
| 21 | | 15, 16, and
18 of the Illinois Pension Code. "Department" also |
| 22 | | includes the Illinois
Comprehensive Health Insurance Board, |
| 23 | | the Board of Examiners established under
the Illinois Public |
| 24 | | Accounting Act, and the Illinois Finance Authority.
|
| 25 | | (h) "Dependent", when the term is used in the context of |
| 26 | | the health
and life plan, means a member's spouse and any child |
|
| | HB5501 | - 95 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) from
birth to age 26 including an adopted child, a child |
| 2 | | who lives with the
member from the time of the placement for |
| 3 | | adoption until entry
of an order of adoption, a stepchild or |
| 4 | | adjudicated child, or a child who lives with the member
if such |
| 5 | | member is a court appointed guardian of the child or (2)
age 19 |
| 6 | | or over who has a mental or physical disability from a cause |
| 7 | | originating prior to the age of 19 (age 26 if enrolled as an |
| 8 | | adult child dependent). For
the health plan only, the term |
| 9 | | "dependent" also includes (1) any person
enrolled prior to the |
| 10 | | effective date of this Section who is dependent upon
the |
| 11 | | member to the extent that the member may claim such person as a
|
| 12 | | dependent for income tax deduction purposes and (2) any person |
| 13 | | who
has received after June 30, 2000 an organ transplant and |
| 14 | | who is financially
dependent upon the member and eligible to |
| 15 | | be claimed as a dependent for income
tax purposes. A member |
| 16 | | requesting to cover any dependent must provide documentation |
| 17 | | as requested by the Department of Central Management Services |
| 18 | | and file with the Department any and all forms required by the |
| 19 | | Department.
|
| 20 | | (i) "Director" means the Director of the Illinois |
| 21 | | Department of Central
Management Services.
|
| 22 | | (j) "Eligibility period" means the period of time a member |
| 23 | | has to
elect enrollment in programs or to select benefits |
| 24 | | without regard to
age, sex or health.
|
| 25 | | (k) "Employee" means and includes each officer or employee |
| 26 | | in the
service of a department who (1) receives his |
|
| | HB5501 | - 96 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | compensation for
service rendered to the department on a |
| 2 | | warrant issued pursuant to a payroll
certified by a department |
| 3 | | or on a warrant or check issued and drawn by a
department upon |
| 4 | | a trust, federal or other fund or on a warrant issued
pursuant |
| 5 | | to a payroll certified by an elected or duly appointed officer
|
| 6 | | of the State or who receives payment of the performance of |
| 7 | | personal
services on a warrant issued pursuant to a payroll |
| 8 | | certified by a
Department and drawn by the Comptroller upon |
| 9 | | the State Treasurer against
appropriations made by the General |
| 10 | | Assembly from any fund or against
trust funds held by the State |
| 11 | | Treasurer, and (2) is employed full-time or
part-time in a |
| 12 | | position normally requiring actual performance of duty
during |
| 13 | | not less than 1/2 of a normal work period, as established by |
| 14 | | the
Director in cooperation with each department, except that |
| 15 | | persons elected
by popular vote will be considered employees |
| 16 | | during the entire
term for which they are elected regardless |
| 17 | | of hours devoted to the
service of the State, and (3) except |
| 18 | | that "employee" does not include any
person who is not |
| 19 | | eligible by reason of such person's employment to
participate |
| 20 | | in one of the State retirement systems under Articles 2, 14, 15
|
| 21 | | (either the regular Article 15 system or the optional |
| 22 | | retirement program
established under Section 15-158.2), or 18, |
| 23 | | or under paragraph (2), (3), or
(5) of Section 16-106, of the |
| 24 | | Illinois
Pension Code, but such term does include persons who |
| 25 | | are employed during
the 6-month 6 month qualifying period |
| 26 | | under Article 14 of the Illinois Pension
Code. Such term also |
|
| | HB5501 | - 97 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | includes any person who (1) after January 1, 1966,
is |
| 2 | | receiving ordinary or accidental disability benefits under |
| 3 | | Articles
2, 14, 15 (including ordinary or accidental |
| 4 | | disability benefits under the
optional retirement program |
| 5 | | established under Section 15-158.2), paragraph paragraphs
(2), |
| 6 | | (3), or (5) of Section 16-106, or Article 18 of the
Illinois |
| 7 | | Pension Code, for disability incurred after January 1, 1966, |
| 8 | | (2)
receives total permanent or total temporary disability |
| 9 | | under the Workers'
Compensation Act or Occupational Disease |
| 10 | | Act as a result of injuries
sustained or illness contracted in |
| 11 | | the course of employment with the
State of Illinois, or (3) is |
| 12 | | not otherwise covered under this Act and has
retired as a |
| 13 | | participating member under Article 2 of the Illinois Pension
|
| 14 | | Code but is ineligible for the retirement annuity under |
| 15 | | Section 2-119 of
the Illinois Pension Code. However, a person |
| 16 | | who satisfies the criteria
of the foregoing definition of |
| 17 | | "employee" except that such person is made
ineligible to |
| 18 | | participate in the State Universities Retirement System by
|
| 19 | | clause (4) of subsection (a) of Section 15-107 of the Illinois |
| 20 | | Pension
Code is also an "employee" for the purposes of this |
| 21 | | Act. "Employee" also
includes any person receiving or eligible |
| 22 | | for benefits under a sick pay
plan established in accordance |
| 23 | | with Section 36 of the State Finance Act.
"Employee" also |
| 24 | | includes (i) each officer or employee in the service of a
|
| 25 | | qualified local government, including persons appointed as |
| 26 | | trustees of
sanitary districts regardless of hours devoted to |
|
| | HB5501 | - 98 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the service of the
sanitary district, (ii) each employee in |
| 2 | | the service of a qualified
rehabilitation facility, (iii) each |
| 3 | | full-time employee in the service of a
qualified domestic |
| 4 | | violence shelter or service, and (iv) each full-time employee |
| 5 | | in the service of a qualified child advocacy center, as |
| 6 | | determined according to
rules promulgated by the Director.
|
| 7 | | (l) "Member" means an employee, annuitant, retired |
| 8 | | employee, or survivor. In the case of an annuitant or retired |
| 9 | | employee who first becomes an annuitant or retired employee on |
| 10 | | or after January 13, 2012 (the effective date of Public Act |
| 11 | | 97-668), the individual must meet the minimum vesting |
| 12 | | requirements of the applicable retirement system in order to |
| 13 | | be eligible for group insurance benefits under that system. In |
| 14 | | the case of a survivor who first becomes a survivor on or after |
| 15 | | January 13, 2012 (the effective date of Public Act 97-668), |
| 16 | | the deceased employee, annuitant, or retired employee upon |
| 17 | | whom the annuity is based must have been eligible to |
| 18 | | participate in the group insurance system under the applicable |
| 19 | | retirement system in order for the survivor to be eligible for |
| 20 | | group insurance benefits under that system.
|
| 21 | | (m) "Optional coverages or benefits" means those coverages |
| 22 | | or
benefits available to the member on his or her voluntary |
| 23 | | election, and at
his or her own expense.
|
| 24 | | (n) "Program" means the group life insurance, health |
| 25 | | benefits and other
employee benefits designed and contracted |
| 26 | | for by the Director under this Act.
|
|
| | HB5501 | - 99 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (o) "Health plan" means a health benefits
program offered
|
| 2 | | by the State of Illinois for persons eligible for the plan.
|
| 3 | | (p) "Retired employee" means any person who would be an |
| 4 | | annuitant as
that term is defined herein but for the fact that |
| 5 | | such person retired prior to
January 1, 1966. Such term also |
| 6 | | includes any person formerly employed by
the University of |
| 7 | | Illinois in the Cooperative Extension Service who would
be an |
| 8 | | annuitant but for the fact that such person was made |
| 9 | | ineligible to
participate in the State Universities Retirement |
| 10 | | System by clause (4) of
subsection (a) of Section 15-107 of the |
| 11 | | Illinois
Pension Code.
|
| 12 | | (q) "Survivor" means a person receiving an annuity as a |
| 13 | | survivor of an
employee or of an annuitant. "Survivor" also |
| 14 | | includes: (1) the surviving
dependent of a person who |
| 15 | | satisfies the definition of "employee" except that
such person |
| 16 | | is made ineligible to participate in the State Universities
|
| 17 | | Retirement System by clause (4) of subsection (a)
of Section |
| 18 | | 15-107 of the Illinois Pension Code; (2) the surviving
|
| 19 | | dependent of any person formerly employed by the University of |
| 20 | | Illinois in
the Cooperative Extension Service who would be an |
| 21 | | annuitant except for the
fact that such person was made |
| 22 | | ineligible to participate in the State
Universities Retirement |
| 23 | | System by clause (4) of subsection (a) of Section
15-107 of the |
| 24 | | Illinois Pension Code; (3) the surviving dependent of a person |
| 25 | | who was an annuitant under this Act by virtue of receiving an |
| 26 | | alternative retirement cancellation payment under Section |
|
| | HB5501 | - 100 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 14-108.5 of the Illinois Pension Code; and (4) a person who |
| 2 | | would be receiving an annuity as a survivor of an annuitant |
| 3 | | except that the annuitant elected on or after June 4, 2018 to |
| 4 | | receive an accelerated pension benefit payment under Section |
| 5 | | 14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code |
| 6 | | in lieu of receiving an annuity.
|
| 7 | | (q-2) "SERS" means the State Employees' Retirement System |
| 8 | | of Illinois, created under Article 14 of the Illinois Pension |
| 9 | | Code.
|
| 10 | | (q-3) "SURS" means the State Universities Retirement |
| 11 | | System, created under Article 15 of the Illinois Pension Code.
|
| 12 | | (q-4) "TRS" means the Teachers' Retirement System of the |
| 13 | | State of Illinois, created under Article 16 of the Illinois |
| 14 | | Pension Code.
|
| 15 | | (q-5) (Blank).
|
| 16 | | (q-6) (Blank).
|
| 17 | | (q-7) (Blank).
|
| 18 | | (r) "Medical services" means the services provided within |
| 19 | | the scope
of their licenses by practitioners in all categories |
| 20 | | licensed under the
Medical Practice Act of 1987.
|
| 21 | | (s) "Unit of local government" means any county, |
| 22 | | municipality,
township, school district (including a |
| 23 | | combination of school districts under
the Intergovernmental |
| 24 | | Cooperation Act), special district or other unit,
designated |
| 25 | | as a
unit of local government by law, which exercises limited |
| 26 | | governmental
powers or powers in respect to limited |
|
| | HB5501 | - 101 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | governmental subjects, any
not-for-profit association with a |
| 2 | | membership that primarily includes
townships and township |
| 3 | | officials, that has duties that include provision of
research |
| 4 | | service, dissemination of information, and other acts for the
|
| 5 | | purpose of improving township government, and that is funded |
| 6 | | wholly or
partly in accordance with Section 85-15 of the |
| 7 | | Township Code; any
not-for-profit corporation or association, |
| 8 | | with a membership consisting
primarily of municipalities, that |
| 9 | | operates its own utility system, and
provides research, |
| 10 | | training, dissemination of information, or other acts to
|
| 11 | | promote cooperation between and among municipalities that |
| 12 | | provide utility
services and for the advancement of the goals |
| 13 | | and purposes of its
membership;
the Southern Illinois |
| 14 | | Collegiate Common Market, which is a consortium of higher
|
| 15 | | education institutions in Southern Illinois; the Illinois |
| 16 | | Association of
Park Districts; and any hospital provider that |
| 17 | | is owned by a county that has 100 or fewer hospital beds and |
| 18 | | has not already joined the program. "Qualified
local |
| 19 | | government" means a unit of local government approved by the |
| 20 | | Director and
participating in a program created under |
| 21 | | subsection (i) of Section 10 of this
Act.
|
| 22 | | (t) "Qualified rehabilitation facility" means any |
| 23 | | not-for-profit
organization that is accredited by the |
| 24 | | Commission on Accreditation of
Rehabilitation Facilities or |
| 25 | | certified by the Department
of Human Services (as successor to |
| 26 | | the Department of Mental Health
and Developmental |
|
| | HB5501 | - 102 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Disabilities) to provide services to persons with
disabilities
|
| 2 | | and which receives funds from the State of Illinois for |
| 3 | | providing those
services, approved by the Director and |
| 4 | | participating in a program created
under subsection (j) of |
| 5 | | Section 10 of this Act.
|
| 6 | | (u) "Qualified domestic violence shelter or service" means |
| 7 | | any Illinois
domestic violence shelter or service and its |
| 8 | | administrative offices funded
by the Department of Human |
| 9 | | Services (as successor to the Illinois Department of
Public |
| 10 | | Aid),
approved by the Director and
participating in a program |
| 11 | | created under subsection (k) of Section 10.
|
| 12 | | (v) "TRS benefit recipient" means a person who:
|
| 13 | | (1) is not a "member" as defined in this Section; and
|
| 14 | | (2) is receiving a monthly benefit or retirement |
| 15 | | annuity
under Article 16 of the Illinois Pension Code or |
| 16 | | would be receiving such monthly benefit or retirement |
| 17 | | annuity except that the benefit recipient elected on or |
| 18 | | after June 4, 2018 to receive an accelerated pension |
| 19 | | benefit payment under Section 16-190.5 of the Illinois |
| 20 | | Pension Code in lieu of receiving an annuity; and
|
| 21 | | (3) either (i) has at least 8 years of creditable |
| 22 | | service under Article
16 of the Illinois Pension Code, or |
| 23 | | (ii) was enrolled in the health insurance
program offered |
| 24 | | under that Article on January 1, 1996, or (iii) is the |
| 25 | | survivor
of a benefit recipient who had at least 8
years of |
| 26 | | creditable service under Article 16 of the Illinois |
|
| | HB5501 | - 103 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Pension Code or
was enrolled in the health insurance |
| 2 | | program offered under that Article on June 21, 1995 (the |
| 3 | | effective date of Public Act 89-25), or (iv) is a |
| 4 | | recipient or
survivor of a recipient of a disability |
| 5 | | benefit under Article 16 of the
Illinois Pension Code.
|
| 6 | | (w) "TRS dependent beneficiary" means a person who:
|
| 7 | | (1) is not a "member" or "dependent" as defined in |
| 8 | | this Section; and
|
| 9 | | (2) is a TRS benefit recipient's: (A) spouse, (B) |
| 10 | | dependent parent who
is receiving at least half of his or |
| 11 | | her support from the TRS benefit
recipient, or (C) |
| 12 | | natural, step, adjudicated, or adopted child who is (i) |
| 13 | | under age 26, (ii) was, on January 1, 1996, participating |
| 14 | | as a dependent
beneficiary in the health insurance program |
| 15 | | offered under Article 16 of the
Illinois Pension Code, or |
| 16 | | (iii) age 19 or over who has a mental or physical |
| 17 | | disability from a cause originating prior to the age of 19 |
| 18 | | (age 26 if enrolled as an adult child).
|
| 19 | | "TRS dependent beneficiary" does not include, as indicated |
| 20 | | under paragraph (2) of this subsection (w), a dependent of the |
| 21 | | survivor of a TRS benefit recipient who first becomes a |
| 22 | | dependent of a survivor of a TRS benefit recipient on or after |
| 23 | | January 13, 2012 (the effective date of Public Act 97-668) |
| 24 | | unless that dependent would have been eligible for coverage as |
| 25 | | a dependent of the deceased TRS benefit recipient upon whom |
| 26 | | the survivor benefit is based. |
|
| | HB5501 | - 104 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (x) "Military leave" refers to individuals in basic
|
| 2 | | training for reserves, special/advanced training, annual |
| 3 | | training, emergency
call up, activation by the President of |
| 4 | | the United States, or any other training or duty in service to |
| 5 | | the United States Armed Forces.
|
| 6 | | (y) (Blank).
|
| 7 | | (z) "Community college benefit recipient" means a person |
| 8 | | who:
|
| 9 | | (1) is not a "member" as defined in this Section; and
|
| 10 | | (2) is receiving a monthly survivor's annuity or |
| 11 | | retirement annuity
under Article 15 of the Illinois |
| 12 | | Pension Code or would be receiving such monthly survivor's |
| 13 | | annuity or retirement annuity except that the benefit |
| 14 | | recipient elected on or after June 4, 2018 to receive an |
| 15 | | accelerated pension benefit payment under Section 15-185.5 |
| 16 | | of the Illinois Pension Code in lieu of receiving an |
| 17 | | annuity; and
|
| 18 | | (3) either (i) was a full-time employee of a community |
| 19 | | college district or
an association of community college |
| 20 | | boards created under the Public Community
College Act |
| 21 | | (other than an employee whose last employer under Article |
| 22 | | 15 of the
Illinois Pension Code was a community college |
| 23 | | district subject to Article VII
of the Public Community |
| 24 | | College Act) and was eligible to participate in a group
|
| 25 | | health benefit plan as an employee during the time of |
| 26 | | employment with a
community college district (other than a |
|
| | HB5501 | - 105 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | community college district subject to
Article VII of the |
| 2 | | Public Community College Act) or an association of |
| 3 | | community
college boards, or (ii) is the survivor of a |
| 4 | | person described in item (i).
|
| 5 | | (aa) "Community college dependent beneficiary" means a |
| 6 | | person who:
|
| 7 | | (1) is not a "member" or "dependent" as defined in |
| 8 | | this Section; and
|
| 9 | | (2) is a community college benefit recipient's: (A) |
| 10 | | spouse, (B) dependent
parent who is receiving at least |
| 11 | | half of his or her support from the community
college |
| 12 | | benefit recipient, or (C) natural, step, adjudicated, or |
| 13 | | adopted child who is (i)
under age 26, or (ii)
age 19 or |
| 14 | | over and has a mental or physical disability from a cause |
| 15 | | originating prior to the age of 19 (age 26 if enrolled as |
| 16 | | an adult child).
|
| 17 | | "Community college dependent beneficiary" does not |
| 18 | | include, as indicated under paragraph (2) of this subsection |
| 19 | | (aa), a dependent of the survivor of a community college |
| 20 | | benefit recipient who first becomes a dependent of a survivor |
| 21 | | of a community college benefit recipient on or after January |
| 22 | | 13, 2012 (the effective date of Public Act 97-668) unless that |
| 23 | | dependent would have been eligible for coverage as a dependent |
| 24 | | of the deceased community college benefit recipient upon whom |
| 25 | | the survivor annuity is based. |
| 26 | | (bb) "Qualified child advocacy center" means any Illinois |
|
| | HB5501 | - 106 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | child advocacy center and its administrative offices funded by |
| 2 | | the Department of Children and Family Services, as defined by |
| 3 | | the Children's Advocacy Center Act (55 ILCS 80/), approved by |
| 4 | | the Director and participating in a program created under |
| 5 | | subsection (n) of Section 10.
|
| 6 | | (cc) "Placement for adoption" means the assumption and |
| 7 | | retention by a member of a legal obligation for total or |
| 8 | | partial support of a child in anticipation of adoption of the |
| 9 | | child. The child's placement with the member terminates upon |
| 10 | | the termination of such legal obligation. |
| 11 | | (Source: P.A. 101-242, eff. 8-9-19; 102-558, eff. 8-20-21; |
| 12 | | revised 12-2-21.)
|
| 13 | | (5 ILCS 375/6.11)
|
| 14 | | Sec. 6.11. Required health benefits; Illinois Insurance |
| 15 | | Code
requirements. The program of health
benefits shall |
| 16 | | provide the post-mastectomy care benefits required to be |
| 17 | | covered
by a policy of accident and health insurance under |
| 18 | | Section 356t of the Illinois
Insurance Code. The program of |
| 19 | | health benefits shall provide the coverage
required under |
| 20 | | Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, |
| 21 | | 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, |
| 22 | | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, |
| 23 | | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, |
| 24 | | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and |
| 25 | | 356z.51 and 356z.43 of the
Illinois Insurance Code.
The |
|
| | HB5501 | - 107 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | program of health benefits must comply with Sections 155.22a, |
| 2 | | 155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of |
| 3 | | the
Illinois Insurance Code. The Department of Insurance shall |
| 4 | | enforce the requirements of this Section with respect to |
| 5 | | Sections 370c and 370c.1 of the Illinois Insurance Code; all |
| 6 | | other requirements of this Section shall be enforced by the |
| 7 | | Department of Central Management Services.
|
| 8 | | Rulemaking authority to implement Public Act 95-1045, if |
| 9 | | any, is conditioned on the rules being adopted in accordance |
| 10 | | with all provisions of the Illinois Administrative Procedure |
| 11 | | Act and all rules and procedures of the Joint Committee on |
| 12 | | Administrative Rules; any purported rule not so adopted, for |
| 13 | | whatever reason, is unauthorized. |
| 14 | | (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; |
| 15 | | 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. |
| 16 | | 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, |
| 17 | | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; |
| 18 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised |
| 19 | | 10-26-21.)
|
| 20 | | Section 40. The Sick Leave Bank Act is amended by changing |
| 21 | | Section 5.10 as follows:
|
| 22 | | (5 ILCS 400/5.10) (from Ch. 127, par. 4255.10)
|
| 23 | | Sec. 5.10.
"Agency" means any branch, department, board, |
| 24 | | committee or
commission of State government, but does not |
|
| | HB5501 | - 108 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | include units of local
government, school districts, or boards |
| 2 | | of election commissioners, or the State Board of Education.
|
| 3 | | (Source: P.A. 102-539, eff. 8-20-21; revised 12-2-21.)
|
| 4 | | Section 45. The Illinois Governmental Ethics Act is |
| 5 | | amended by changing Sections 4A-102 and 4A-107 as follows:
|
| 6 | | (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
|
| 7 | | Sec. 4A-102. The statement of economic interests required |
| 8 | | by this Article
shall include the economic interests of the |
| 9 | | person making the statement as
provided in this Section. |
| 10 | | (a) The interest (if constructively controlled by the
|
| 11 | | person making the statement) of a spouse or any other party, |
| 12 | | shall be
considered to be the same as the interest of the |
| 13 | | person making the
statement. Campaign receipts shall not be |
| 14 | | included in this statement. The following interests shall be |
| 15 | | listed by all persons required to file: |
| 16 | | (1) each asset that has a value of more than $10,000 as |
| 17 | | of the end of the preceding calendar year and is: (i) held |
| 18 | | in the filer's name, (ii) held jointly by the filer with |
| 19 | | his or her spouse, or (iii) held jointly by the filer with |
| 20 | | his or her minor child or children. For a beneficial |
| 21 | | interest in a trust, the value is based on the total value |
| 22 | | of the assets either subject to the beneficial interest, |
| 23 | | or from which income is to be derived for the benefit of |
| 24 | | the beneficial interest, regardless of whether any |
|
| | HB5501 | - 109 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | distributions have been made for the benefit of the |
| 2 | | beneficial interest; |
| 3 | | (2) excluding the income from the position that |
| 4 | | requires the filing of a statement of economic interests |
| 5 | | under this Act, each source of income in excess of $7,500 |
| 6 | | during the preceding calendar year (as required to be |
| 7 | | reported on the filer's federal income tax return covering |
| 8 | | the preceding calendar year) for the filer and his or her |
| 9 | | spouse and, if the sale or transfer of an asset produced |
| 10 | | more than $7,500 in capital gains during the preceding |
| 11 | | calendar year, the transaction date on which that asset |
| 12 | | was sold or transferred; |
| 13 | | (3) each creditor of a debt in excess of $10,000 that, |
| 14 | | during the preceding calendar year, was: (i) owed by the |
| 15 | | filer, (ii) owed jointly by the filer with his or her |
| 16 | | spouse or (iii) owed jointly by the filer with his or her |
| 17 | | minor child or children; |
| 18 | | (4) the name of each unit of government of which the |
| 19 | | filer or his or her spouse was an employee, contractor, or |
| 20 | | office holder during the preceding calendar year other |
| 21 | | than the unit or units of government in relation to which |
| 22 | | the person is required to file and the title of the |
| 23 | | position or nature of the contractual services; |
| 24 | | (5) each person known to the filer to be registered as |
| 25 | | a lobbyist with any unit of government in the State of |
| 26 | | Illinois: (i) with whom the filer maintains an economic |
|
| | HB5501 | - 110 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | relationship, or (ii) who is a member of the filer's |
| 2 | | family; and |
| 3 | | (6) each source and type of gift or gifts, or |
| 4 | | honorarium or honoraria, valued singly or in the aggregate |
| 5 | | in excess of $500 that was received during the preceding |
| 6 | | calendar year, excluding any gift or gifts from a member |
| 7 | | of the filer's family that was not known to the filer to be |
| 8 | | registered as a lobbyist with any unit of government in |
| 9 | | the State of Illinois; and . |
| 10 | | (7) the name of any spouse or immediate family member |
| 11 | | living with such person employed by a public utility in |
| 12 | | this State and the name of the public utility that employs |
| 13 | | such person. |
| 14 | | For the purposes of this Section, the unit of local |
| 15 | | government in relation to which a person is required to file |
| 16 | | under item (e) of Section 4A-101.5 shall be the unit of local |
| 17 | | government that contributes to the pension fund of which such |
| 18 | | person is a member of the board. |
| 19 | | (b) Beginning December 1, 2025, and for every 5 years |
| 20 | | thereafter, the Secretary of State shall adjust the amounts |
| 21 | | specified under this Section that prompt disclosure under this |
| 22 | | Act for purposes of inflation as determined by the Consumer |
| 23 | | Price Index for All Urban Consumers as issued by the United |
| 24 | | States Department of Labor and rounded to the nearest $100. |
| 25 | | The Secretary shall publish this information on the official |
| 26 | | website of the Secretary of State, and make changes to the |
|
| | HB5501 | - 112 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | been waived under Section 4A-105, failure to file a statement |
| 2 | | within the time prescribed shall result in
ineligibility for, |
| 3 | | or forfeiture of, office or position of employment, as
the |
| 4 | | case may be; provided, however, that if the notice of failure |
| 5 | | to
file a statement of economic interests provided in Section |
| 6 | | 4A-105 of this
Act is not given by the Secretary of State or |
| 7 | | the county clerk, as the case
may be, no forfeiture shall |
| 8 | | result if a statement is filed within 30 days
of actual notice |
| 9 | | of the failure to file. The Secretary of State shall provide |
| 10 | | the Attorney General with the names of persons who failed to |
| 11 | | file a statement. The county clerk shall provide the State's |
| 12 | | Attorney of the county of the entity for which the filing of a |
| 13 | | statement of economic interest is required with the name of |
| 14 | | persons who failed to file a statement.
|
| 15 | | The Attorney General, with respect to offices or positions |
| 16 | | described in
items (a) through (f) and items (j), (l), (n), and |
| 17 | | (p) of Section 4A-101 of this
Act, or the State's
Attorney of |
| 18 | | the county of the entity for which the filing of statements of
|
| 19 | | economic interests is required, with respect to offices or |
| 20 | | positions
described in items (a) through (e) of
Section |
| 21 | | 4A-101.5,
shall bring an action in quo warranto against any |
| 22 | | person who has failed to file
by either May 31 or June 30 of |
| 23 | | any given year and for whom the fees and penalties for late |
| 24 | | filing have not been waived under Section 4A-105.
|
| 25 | | (Source: P.A. 101-221, eff. 8-9-19; 102-664, eff. 1-1-22; |
| 26 | | revised 12-16-21.)
|
|
| | HB5501 | - 113 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 50. The State Officials and Employees Ethics Act |
| 2 | | is amended by changing Section 5-50 as follows:
|
| 3 | | (5 ILCS 430/5-50)
|
| 4 | | Sec. 5-50. Ex parte communications; special government |
| 5 | | agents.
|
| 6 | | (a) This Section applies to ex
parte communications made |
| 7 | | to any agency listed in subsection (e).
|
| 8 | | (b) "Ex parte communication" means any written or oral |
| 9 | | communication by any
person
that imparts or requests material
|
| 10 | | information
or makes a material argument regarding
potential |
| 11 | | action concerning regulatory, quasi-adjudicatory, investment, |
| 12 | | or
licensing
matters pending before or under consideration by |
| 13 | | the agency.
"Ex parte
communication" does not include the |
| 14 | | following: (i) statements by
a person publicly made in a |
| 15 | | public forum; (ii) statements regarding
matters of procedure |
| 16 | | and practice, such as format, the
number of copies required, |
| 17 | | the manner of filing, and the status
of a matter; and (iii) |
| 18 | | statements made by a
State employee of the agency to the agency |
| 19 | | head or other employees of that
agency.
|
| 20 | | (b-5) An ex parte communication received by an agency,
|
| 21 | | agency head, or other agency employee from an interested party |
| 22 | | or
his or her official representative or attorney shall |
| 23 | | promptly be
memorialized and made a part of the record.
|
| 24 | | (c) An ex parte communication received by any agency, |
|
| | HB5501 | - 114 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | agency head, or
other agency
employee, other than an ex parte |
| 2 | | communication described in subsection (b-5),
shall immediately |
| 3 | | be reported to that agency's ethics officer by the recipient
|
| 4 | | of the communication and by any other employee of that agency |
| 5 | | who responds to
the communication. The ethics officer shall |
| 6 | | require that the ex parte
communication
be promptly made a |
| 7 | | part of the record. The ethics officer shall promptly
file the |
| 8 | | ex parte communication with the
Executive Ethics Commission, |
| 9 | | including all written
communications, all written responses to |
| 10 | | the communications, and a memorandum
prepared by the ethics |
| 11 | | officer stating the nature and substance of all oral
|
| 12 | | communications, the identity and job title of the person to |
| 13 | | whom each
communication was made,
all responses made, the |
| 14 | | identity and job title of the person making each
response,
the |
| 15 | | identity of each person from whom the written or oral ex parte
|
| 16 | | communication was received, the individual or entity |
| 17 | | represented by that
person, any action the person requested or |
| 18 | | recommended, and any other pertinent
information.
The |
| 19 | | disclosure shall also contain the date of any
ex parte |
| 20 | | communication.
|
| 21 | | (d) "Interested party" means a person or entity whose |
| 22 | | rights,
privileges, or interests are the subject of or are |
| 23 | | directly affected by
a regulatory, quasi-adjudicatory, |
| 24 | | investment, or licensing matter.
For purposes of an ex parte |
| 25 | | communication received by either the Illinois Commerce |
| 26 | | Commission or the Illinois Power Agency, "interested party" |
|
| | HB5501 | - 117 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 55. The Community-Law Enforcement and Other First |
| 2 | | Responder Partnership for Deflection and Substance Use |
| 3 | | Disorder Treatment Act is amended by changing Sections 10 and |
| 4 | | 35 as follows:
|
| 5 | | (5 ILCS 820/10)
|
| 6 | | Sec. 10. Definitions. In this Act:
|
| 7 | | "Case management" means those services which will assist |
| 8 | | persons in gaining access to needed social, educational, |
| 9 | | medical, substance use and mental health treatment, and other |
| 10 | | services.
|
| 11 | | "Community member or organization" means an individual |
| 12 | | volunteer, resident, public office, or a not-for-profit |
| 13 | | organization, religious institution, charitable organization, |
| 14 | | or other public body committed to the improvement of |
| 15 | | individual and family mental and physical well-being and the |
| 16 | | overall social welfare of the community, and may include |
| 17 | | persons with lived experience in recovery from substance use |
| 18 | | disorder, either themselves or as family members.
|
| 19 | | "Other first responder" means and includes emergency |
| 20 | | medical services providers that are public units of |
| 21 | | government, fire departments and districts, and officials and |
| 22 | | responders representing and employed by these entities. |
| 23 | | "Deflection program" means a program in which a peace |
| 24 | | officer or member of a law enforcement agency or other first |
|
| | HB5501 | - 118 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | responder facilitates contact between an individual and a |
| 2 | | licensed substance use treatment provider or clinician for |
| 3 | | assessment and coordination of treatment planning, including |
| 4 | | co-responder approaches that incorporate behavioral health, |
| 5 | | peer, or social work professionals with law enforcement or |
| 6 | | other first responders at the scene. This facilitation |
| 7 | | includes defined criteria for eligibility and communication |
| 8 | | protocols agreed to by the law enforcement agency or other |
| 9 | | first responder entity and the licensed treatment provider for |
| 10 | | the purpose of providing substance use treatment to those |
| 11 | | persons in lieu of arrest or further justice system |
| 12 | | involvement, or unnecessary admissions to the emergency |
| 13 | | department. Deflection programs may include, but are not |
| 14 | | limited to, the following types of responses: |
| 15 | | (1) a post-overdose deflection response initiated by a |
| 16 | | peace officer or law enforcement agency subsequent to |
| 17 | | emergency administration of medication to reverse an |
| 18 | | overdose, or in cases of severe substance use disorder |
| 19 | | with acute risk for overdose;
|
| 20 | | (2) a self-referral deflection response initiated by |
| 21 | | an individual by contacting a peace officer or law |
| 22 | | enforcement agency or other first responder in the |
| 23 | | acknowledgment of their substance use or disorder;
|
| 24 | | (3) an active outreach deflection response initiated |
| 25 | | by a peace officer or law enforcement agency or other |
| 26 | | first responder as a result of proactive identification of |
|
| | HB5501 | - 119 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | persons thought likely to have a substance use disorder;
|
| 2 | | (4) an officer or other first responder prevention |
| 3 | | deflection response initiated by a peace officer or law |
| 4 | | enforcement agency in response to a community call when no |
| 5 | | criminal charges are present; and |
| 6 | | (5) an officer intervention deflection response when |
| 7 | | criminal charges are present but held in abeyance pending |
| 8 | | engagement with treatment.
|
| 9 | | "Law enforcement agency" means a municipal police |
| 10 | | department or county sheriff's office of this State, the |
| 11 | | Illinois State Police, or other law enforcement agency whose |
| 12 | | officers, by statute, are granted and authorized to exercise |
| 13 | | powers similar to those conferred upon any peace officer |
| 14 | | employed by a law enforcement agency of this State.
|
| 15 | | "Licensed treatment provider" means an organization |
| 16 | | licensed by the Department of Human Services to perform an |
| 17 | | activity or service, or a coordinated range of those |
| 18 | | activities or services, as the Department of Human Services |
| 19 | | may establish by rule, such as the broad range of emergency, |
| 20 | | outpatient, intensive outpatient, and residential services and |
| 21 | | care, including assessment, diagnosis, case management, |
| 22 | | medical, psychiatric, psychological and social services, |
| 23 | | medication-assisted treatment, care and counseling, and |
| 24 | | recovery support, which may be extended to persons to assess |
| 25 | | or treat substance use disorder or to families of those |
| 26 | | persons.
|
|
| | HB5501 | - 120 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Peace officer" means any peace officer or member of any |
| 2 | | duly organized State, county, or municipal peace officer unit, |
| 3 | | any police force of another State, or any police force whose |
| 4 | | members, by statute, are granted and authorized to exercise |
| 5 | | powers similar to those conferred upon any peace officer |
| 6 | | employed by a law enforcement agency of this State.
|
| 7 | | "Substance use disorder" means a pattern of use of alcohol |
| 8 | | or other drugs leading to clinical or functional impairment, |
| 9 | | in accordance with the definition in the Diagnostic and |
| 10 | | Statistical Manual of Mental Disorders (DSM-5), or in any |
| 11 | | subsequent editions.
|
| 12 | | "Treatment" means the broad range of emergency, |
| 13 | | outpatient, intensive outpatient, and residential services and |
| 14 | | care (including assessment, diagnosis, case management, |
| 15 | | medical, psychiatric, psychological and social services, |
| 16 | | medication-assisted treatment, care and counseling, and |
| 17 | | recovery support) which may be extended to persons who have |
| 18 | | substance use disorders, persons with mental illness, or |
| 19 | | families of those persons.
|
| 20 | | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; |
| 21 | | revised 10-6-21.)
|
| 22 | | (5 ILCS 820/35) |
| 23 | | Sec. 35. Funding.
|
| 24 | | (a) The General Assembly may appropriate funds to the |
| 25 | | Illinois Criminal Justice Information Authority for the |
|
| | HB5501 | - 121 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | purpose of funding law enforcement agencies or other first |
| 2 | | responder entities for services provided by deflection program |
| 3 | | partners as part of deflection programs subject to subsection |
| 4 | | (d) of Section 15 of this Act.
|
| 5 | | (a.1) Up to 10 percent of appropriated funds may be |
| 6 | | expended on activities related to knowledge dissemination, |
| 7 | | training, technical assistance, or other similar activities |
| 8 | | intended to increase practitioner and public awareness of |
| 9 | | deflection and/or to support its implementation. The Illinois |
| 10 | | Criminal Justice Information Authority may adopt guidelines |
| 11 | | and requirements to direct the distribution of funds for these |
| 12 | | activities. |
| 13 | | (b) For all appropriated funds not distributed under |
| 14 | | subsection (a.1) a.1, the Illinois Criminal Justice |
| 15 | | Information Authority may adopt guidelines and requirements to |
| 16 | | direct the distribution of funds for expenses related to |
| 17 | | deflection programs. Funding shall be made available to |
| 18 | | support both new and existing deflection programs in a broad |
| 19 | | spectrum of geographic regions in this State, including urban, |
| 20 | | suburban, and rural communities. Funding for deflection |
| 21 | | programs shall be prioritized for communities that have been |
| 22 | | impacted by the war on drugs, communities that have a |
| 23 | | police/community relations issue, and communities that have a |
| 24 | | disproportionate lack of access to mental health and drug |
| 25 | | treatment. Activities eligible for funding under this Act may |
| 26 | | include, but are not limited to, the following:
|
|
| | HB5501 | - 122 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) activities related to program administration, |
| 2 | | coordination, or management, including, but not limited |
| 3 | | to, the development of collaborative partnerships with |
| 4 | | licensed treatment providers and community members or |
| 5 | | organizations; collection of program data; or monitoring |
| 6 | | of compliance with a local deflection program plan;
|
| 7 | | (2) case management including case management provided |
| 8 | | prior to assessment, diagnosis, and engagement in |
| 9 | | treatment, as well as assistance navigating and gaining |
| 10 | | access to various treatment modalities and support |
| 11 | | services;
|
| 12 | | (3) peer recovery or recovery support services that |
| 13 | | include the perspectives of persons with the experience of |
| 14 | | recovering from a substance use disorder, either |
| 15 | | themselves or as family members;
|
| 16 | | (4) transportation to a licensed treatment provider or |
| 17 | | other program partner location; |
| 18 | | (5) program evaluation activities; . |
| 19 | | (6) naloxone and related supplies necessary for |
| 20 | | carrying out overdose reversal for purposes of |
| 21 | | distribution to program participants or for use by law |
| 22 | | enforcement or other first responders; and |
| 23 | | (7) treatment necessary to prevent gaps in service |
| 24 | | delivery between linkage and coverage by other funding |
| 25 | | sources when otherwise non-reimbursable. |
| 26 | | (c) Specific linkage agreements with recovery support |
|
| | HB5501 | - 123 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | services or self-help entities may be a requirement of the |
| 2 | | program services protocols. All deflection programs shall |
| 3 | | encourage the involvement of key family members and |
| 4 | | significant others as a part of a family-based approach to |
| 5 | | treatment. All deflection programs are encouraged to use |
| 6 | | evidence-based practices and outcome measures in the provision |
| 7 | | of substance use disorder treatment and medication-assisted |
| 8 | | treatment for persons with opioid use disorders.
|
| 9 | | (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19; |
| 10 | | 101-652, eff. 7-1-21; revised 11-24-21.)
|
| 11 | | Section 60. The Gun Trafficking Information Act is amended |
| 12 | | by changing Section 10-5 as follows:
|
| 13 | | (5 ILCS 830/10-5)
|
| 14 | | Sec. 10-5. Gun trafficking information.
|
| 15 | | (a) The Illinois State Police shall use all reasonable |
| 16 | | efforts in making publicly available, on a regular and ongoing
|
| 17 | | basis, key information related to firearms used in the
|
| 18 | | commission of crimes in this State, including, but not limited
|
| 19 | | to: reports on crimes committed with firearms, locations where
|
| 20 | | the crimes occurred, the number of persons killed or injured |
| 21 | | in
the commission of the crimes, the state where the firearms |
| 22 | | used
originated, the Federal Firearms Licensee that sold the |
| 23 | | firearm, the type of firearms used, annual statistical |
| 24 | | information concerning Firearm Owner's Identification Card and |
|
| | HB5501 | - 124 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | concealed carry license applications, revocations, and |
| 2 | | compliance with Section 9.5 of the Firearm Owners |
| 3 | | Identification Card Act, firearm restraining order |
| 4 | | dispositions, and firearm dealer license certification |
| 5 | | inspections. The Illinois State Police
shall make the |
| 6 | | information available on its
website, which may be presented |
| 7 | | in a dashboard format, in addition to electronically filing a |
| 8 | | report with the
Governor and the General Assembly. The report |
| 9 | | to the General
Assembly shall be filed with the Clerk of the |
| 10 | | House of
Representatives and the Secretary of the Senate in |
| 11 | | electronic
form only, in the manner that the Clerk and the |
| 12 | | Secretary shall
direct.
|
| 13 | | (b) The Illinois State Police shall study, on a regular |
| 14 | | and ongoing basis, and compile reports on the number of |
| 15 | | Firearm Owner's Identification Card checks to determine |
| 16 | | firearms trafficking or straw purchase patterns. The Illinois |
| 17 | | State Police shall, to the extent not inconsistent with law, |
| 18 | | share such reports and underlying data with academic centers, |
| 19 | | foundations, and law enforcement agencies studying firearms |
| 20 | | trafficking, provided that personally identifying information |
| 21 | | is protected. For purposes of this subsection (b), a Firearm |
| 22 | | Owner's Identification Card number is not personally |
| 23 | | identifying information, provided that no other personal |
| 24 | | information of the card holder is attached to the record. The |
| 25 | | Illinois State Police may create and attach an alternate |
| 26 | | unique identifying number to each Firearm Owner's |
|
| | HB5501 | - 125 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Identification Card number, instead of releasing the Firearm |
| 2 | | Owner's Identification Card number itself. |
| 3 | | (c) Each department, office, division, and agency of this
|
| 4 | | State shall, to the extent not inconsistent with law, |
| 5 | | cooperate
fully with the Illinois State Police and furnish the
|
| 6 | | Illinois State Police with all relevant information and |
| 7 | | assistance on a
timely basis as is necessary to accomplish the |
| 8 | | purpose of this
Act. The Illinois Criminal Justice Information |
| 9 | | Authority shall submit the information required in subsection |
| 10 | | (a) of this Section to the Illinois State Police, and any other |
| 11 | | information as the Illinois State Police may request, to |
| 12 | | assist the Illinois State Police in carrying out its duties |
| 13 | | under this Act.
|
| 14 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 15 | | revised 10-5-21.)
|
| 16 | | Section 65. The Election Code is amended by changing |
| 17 | | Section 19-2 as follows:
|
| 18 | | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) |
| 19 | | Sec. 19-2. Except as otherwise provided in this Code, any |
| 20 | | elector as defined in Section 19-1 may by mail or |
| 21 | | electronically on the website of the appropriate election |
| 22 | | authority, not more than 90 nor less than 5 days prior to the
|
| 23 | | date of such election, or by personal delivery not more than 90 |
| 24 | | nor less
than one day prior to the date of such election, make |
|
| | HB5501 | - 126 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | application to the
county clerk or to the Board of Election |
| 2 | | Commissioners for an official
ballot for the voter's precinct |
| 3 | | to be voted at such election to. Such a ballot shall be |
| 4 | | delivered to the elector only upon separate application by the |
| 5 | | elector for each election. Voters who make an application for |
| 6 | | permanent vote by mail ballot status shall follow the |
| 7 | | procedures specified in Section 19-3 and may apply year round. |
| 8 | | Voters whose application for permanent vote by mail status is |
| 9 | | accepted by the election authority shall remain on the |
| 10 | | permanent vote by mail list until the voter requests to be |
| 11 | | removed from permanent vote by mail status, the voter provides |
| 12 | | notice to the election authority of a change in registration |
| 13 | | that affects their registration status, or the election |
| 14 | | authority receives confirmation that the voter has |
| 15 | | subsequently registered to vote in another election authority |
| 16 | | jurisdiction. The URL address at which voters may |
| 17 | | electronically request a vote by mail ballot shall be fixed no |
| 18 | | later than 90 calendar days before an election and shall not be |
| 19 | | changed until after the election.
|
| 20 | | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; |
| 21 | | 102-687, eff. 12-17-21; revised 1-5-22.)
|
| 22 | | Section 70. The Secretary of State Act is amended by |
| 23 | | setting forth, renumbering, and changing multiple
versions of |
| 24 | | Section 35 as follows:
|
|
| | HB5501 | - 127 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (15 ILCS 305/35) |
| 2 | | (Section scheduled to be repealed on July 1, 2022) |
| 3 | | Sec. 35. Task Force on Best Practices and Licensing of |
| 4 | | Non-Transplant Organ Donation Organizations. |
| 5 | | (a) The General Assembly finds and declares that: |
| 6 | | (1) Non-transplant organ donation organizations that |
| 7 | | accept or process whole body donations or body parts not |
| 8 | | for transplantation owe a duty of transparency and |
| 9 | | safekeeping to the donor and his or her next of kin. |
| 10 | | Medical and scientific research is critical to a continued |
| 11 | | understanding of the human body, disease, and training the |
| 12 | | next generation of medical professionals, funeral home |
| 13 | | directors, coroners, and mortuary students. Non-transplant |
| 14 | | organ donation organizations do not include organizations |
| 15 | | that receive body parts for the purposes of |
| 16 | | transplantation. |
| 17 | | (2) Recently, non-transplant organizations that |
| 18 | | receive or process whole body donation or body part |
| 19 | | donation not for transplantation purposes, have misused or |
| 20 | | mishandled donor bodies and body parts. |
| 21 | | (3) Neither State nor federal law adequately regulates |
| 22 | | this industry. |
| 23 | | (b) As used in this Section, "Task Force" means the Task |
| 24 | | Force on Best Practices and Licensing of Non-Transplant Organ |
| 25 | | Donation Organizations. |
| 26 | | (c) There is created a Task Force on Best Practices and |
|
| | HB5501 | - 128 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Licensing of Non-Transplant Organ Donation Organizations to |
| 2 | | review and report on national standards for best practices in |
| 3 | | relation to the licensing and regulation of organizations that |
| 4 | | solicit or accept non-transplantation whole bodies and body |
| 5 | | parts, including licensing standards, State regulation, |
| 6 | | identification of bodies and body parts, and sanctions. The |
| 7 | | goal of the Task Force is to research the industry, |
| 8 | | investigate State and local standards, and provide |
| 9 | | recommendations to the General Assembly and Office of the |
| 10 | | Governor. |
| 11 | | (d) The Task Force's report shall include, but not be |
| 12 | | limited to, standards for organizations that accept whole body |
| 13 | | and body part donation, the application process for licensure, |
| 14 | | best practices regarding consent, the identification, |
| 15 | | labeling, handling and return of bodies and body parts to |
| 16 | | ensure proper end-use and return to the next of kin, and best |
| 17 | | practices for ensuring donors and next of kin are treated with |
| 18 | | transparency and dignity. The report shall also evaluate and |
| 19 | | make a recommendation as to the area of State government most |
| 20 | | appropriate for licensing organizations and regulation of the |
| 21 | | industry. The report shall also make a recommendation on |
| 22 | | legislation to enact the findings of the Task Force. |
| 23 | | (e) The Task Force shall meet no less than 5 times between |
| 24 | | July 9, 2021 (the effective date of Public Act 102-96) this |
| 25 | | amendatory Act of the 102nd General Assembly and December 31, |
| 26 | | 2021. The Task Force shall prepare a report that summarizes |
|
| | HB5501 | - 130 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | days after July 9, 2021 (the effective date of Public Act |
| 2 | | 102-96) this amendatory Act of the 102nd General Assembly. |
| 3 | | Vacancies in the membership of the Task Force shall be filled |
| 4 | | in the same manner as the original appointment. The members of |
| 5 | | the Task Force shall not receive compensation for serving as |
| 6 | | members of the Task Force. |
| 7 | | (h) The Office of the Secretary of State shall provide the |
| 8 | | Task Force with administrative and other support. |
| 9 | | (i) This Section is repealed on July 1, 2022.
|
| 10 | | (Source: P.A. 102-96, eff. 7-9-21; revised 10-27-21.)
|
| 11 | | (15 ILCS 305/36)
|
| 12 | | Sec. 36 35. Authority to accept electronic signatures. |
| 13 | | (a) Through the adoption of administrative rules, the |
| 14 | | Secretary may authorize the filing of documents with his or |
| 15 | | her office that have been signed by electronic means. |
| 16 | | (b) The administrative rules adopted by the Secretary |
| 17 | | shall set forth the following: |
| 18 | | (1) the type of electronic signature required; |
| 19 | | (2) the manner and format in which the electronic |
| 20 | | signature must be affixed to the electronic record; |
| 21 | | (3) the types of transactions which may be filed with |
| 22 | | his or her office with electronic signatures; |
| 23 | | (4) the procedures for seeking certification of |
| 24 | | compliance with electronic signature requirements; and |
| 25 | | (5) the date on which the Secretary will begin |
|
| | HB5501 | - 131 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | accepting electronic signatures. |
| 2 | | (c) Any entity seeking to provide services to third |
| 3 | | parties for the execution of electronic signatures for filing |
| 4 | | with the Secretary of State shall apply for a certification of |
| 5 | | compliance with the requirements for the submission of |
| 6 | | electronic signatures. To receive a certification of |
| 7 | | compliance, the entity must establish the ability to comply |
| 8 | | with all of the requirements of this Section and the |
| 9 | | administrative rules adopted pursuant to this Section. There |
| 10 | | is no limitation on the number of entities that may be issued a |
| 11 | | certification of compliance. The Secretary shall include on |
| 12 | | its Internet website a list of the entities that have been |
| 13 | | issued a certification of compliance. |
| 14 | | (d) The Secretary shall only accept electronic signatures |
| 15 | | created by use of the services of an entity that has received a |
| 16 | | certification of compliance as set forth in this Section. |
| 17 | | (e) An electronic signature must meet all of the following |
| 18 | | requirements: |
| 19 | | (1) Be executed or adopted by a person with the intent |
| 20 | | to sign the document so as to indicate the person's |
| 21 | | approval of the information contained in the document. |
| 22 | | (2) Be attached to or logically associated with the |
| 23 | | information contained in the document being signed. |
| 24 | | (3) Be capable of reliable identification and |
| 25 | | authentication of the person as the signer. Identification |
| 26 | | and authentication may be accomplished through additional |
|
| | HB5501 | - 132 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | security procedures or processes if reliably correlated to |
| 2 | | the electronic signature. |
| 3 | | (4) Be linked to the document in a manner that would |
| 4 | | invalidate the electronic signature if the document is |
| 5 | | changed. |
| 6 | | (5) Be linked to the document so as to preserve its |
| 7 | | integrity as an accurate and complete record for the full |
| 8 | | retention period of the document. |
| 9 | | (6) Be compatible with the standards and technology |
| 10 | | for electronic signatures that are generally used in |
| 11 | | commerce and industry and by state governments. |
| 12 | | (f) If the Secretary determines an electronic signature is |
| 13 | | not in compliance with this Section or the administrative |
| 14 | | rules adopted pursuant to this Section, or is not in |
| 15 | | compliance with other applicable statutory or regulatory |
| 16 | | provisions, the Secretary may refuse to accept the signature. |
| 17 | | (g) Electronic signatures accepted by the Secretary of |
| 18 | | State shall have the same force and effect as manual |
| 19 | | signatures. |
| 20 | | (h) Electronic delivery of records accepted by the |
| 21 | | Secretary of State shall have the same force and effect as |
| 22 | | physical delivery of records. |
| 23 | | (i) Electronic records and electronic signatures accepted |
| 24 | | by the Secretary of State shall be admissible in all |
| 25 | | administrative, quasi-judicial, and judicial proceedings. In |
| 26 | | any such proceeding, nothing in the application of the rules |
|
| | HB5501 | - 133 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of evidence shall apply so as to deny the admissibility of an |
| 2 | | electronic record or electronic signature into evidence on the |
| 3 | | sole ground that it is an electronic record or electronic |
| 4 | | signature, or on the grounds that it is not in its original |
| 5 | | form or is not an original. Information in the form of an |
| 6 | | electronic record shall be given due evidentiary weight by the |
| 7 | | trier of fact.
|
| 8 | | (Source: P.A. 102-213, eff. 1-1-22; revised 10-27-21.)
|
| 9 | | Section 75. The Secretary of State Merit Employment Code |
| 10 | | is amended by changing Section 10b.1 as follows:
|
| 11 | | (15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
|
| 12 | | Sec. 10b.1. Competitive examinations.
|
| 13 | | (a) For open competitive
examinations to test the relative |
| 14 | | fitness of applicants for the
respective positions. Tests |
| 15 | | shall be designed to eliminate those who
are not qualified for |
| 16 | | entrance into the Office of the Secretary of State
and to |
| 17 | | discover the relative fitness of those who are qualified. The
|
| 18 | | Director may use any one of or any combination of the following
|
| 19 | | examination methods which in his judgment best serves this |
| 20 | | end:
investigation of education and experience; test of |
| 21 | | cultural knowledge;
test of capacity; test of knowledge; test |
| 22 | | of manual skill; test of
linguistic ability; test of |
| 23 | | character; test of physical skill; test of
psychological |
| 24 | | fitness. No person with a record of misdemeanor
convictions |
|
| | HB5501 | - 134 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
|
| 2 | | 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, |
| 3 | | 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, |
| 4 | | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions |
| 5 | | (a)(1) and (a)(2)(C) of Section 11-14.3,
and paragraphs (1), |
| 6 | | (6), and (8) of subsection (a) sub-sections 1, 6 and 8 of |
| 7 | | Section 24-1 of the Criminal Code of
1961 or the Criminal Code |
| 8 | | of 2012, or arrested for any cause but not convicted thereon |
| 9 | | shall be
disqualified from taking such examinations or |
| 10 | | subsequent appointment
unless the person is attempting to |
| 11 | | qualify for a position which would
give him the powers of a |
| 12 | | peace officer, in which case the person's
conviction or arrest |
| 13 | | record may be considered as a factor in determining
the |
| 14 | | person's fitness for the position. All examinations shall be
|
| 15 | | announced publicly at least 2 weeks in advance of the date of
|
| 16 | | examinations and may be advertised through the press, radio or |
| 17 | | other
media.
|
| 18 | | The Director may, at his discretion, accept the results of
|
| 19 | | competitive examinations conducted by any merit system |
| 20 | | established by
Federal law or by the law of any state State, |
| 21 | | and may compile eligible lists
therefrom or may add the names |
| 22 | | of successful candidates in examinations
conducted by those |
| 23 | | merit systems to existing eligible lists in
accordance with |
| 24 | | their respective ratings. No person who is a
non-resident of |
| 25 | | the State of Illinois may be appointed from those
eligible |
| 26 | | lists, however, unless the requirement that applicants be
|
|
| | HB5501 | - 135 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | residents of the State of Illinois is waived by the Director of
|
| 2 | | Personnel and unless there are less than 3 Illinois residents |
| 3 | | available
for appointment from the appropriate eligible list. |
| 4 | | The results of the
examinations conducted by other merit |
| 5 | | systems may not be used unless
they are comparable in |
| 6 | | difficulty and comprehensiveness to examinations
conducted by |
| 7 | | the Department of Personnel for similar positions. Special
|
| 8 | | linguistic options may also be established where deemed |
| 9 | | appropriate.
|
| 10 | | (b) The Director of Personnel may require that each person |
| 11 | | seeking
employment with the Secretary of State, as part of the |
| 12 | | application
process, authorize an investigation to determine |
| 13 | | if the applicant has
ever been convicted of a crime and if so, |
| 14 | | the disposition of those
convictions; this authorization shall |
| 15 | | indicate the scope of the inquiry
and the agencies which may be |
| 16 | | contacted. Upon this authorization, the
Director of Personnel |
| 17 | | may request and receive information and assistance
from any |
| 18 | | federal, state or local governmental agency as part of the
|
| 19 | | authorized investigation. The investigation shall be |
| 20 | | undertaken after the
fingerprinting of an applicant in the |
| 21 | | form and manner prescribed by the
Illinois State Police. The |
| 22 | | investigation shall consist of a criminal
history records |
| 23 | | check performed by the Illinois State Police and the
Federal |
| 24 | | Bureau of Investigation, or some other entity that has the |
| 25 | | ability to
check the applicant's fingerprints against the |
| 26 | | fingerprint records now and
hereafter filed in the Illinois |
|
| | HB5501 | - 136 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | State Police and Federal Bureau of
Investigation criminal |
| 2 | | history records databases. If the Illinois State Police and |
| 3 | | the Federal Bureau of Investigation
conduct an investigation |
| 4 | | directly for the Secretary of State's Office, then
the |
| 5 | | Illinois State Police shall charge a fee for conducting the |
| 6 | | criminal
history records check, which shall be deposited in |
| 7 | | the State Police Services
Fund and shall not exceed the actual |
| 8 | | cost of the records check. The
Illinois State Police shall
|
| 9 | | provide information concerning any criminal convictions, and |
| 10 | | their
disposition, brought against the applicant or |
| 11 | | prospective employee of
the Secretary of State upon request of |
| 12 | | the Department of Personnel when
the request is made in the |
| 13 | | form and manner required by the Illinois State Police. The |
| 14 | | information derived from this investigation,
including the |
| 15 | | source of this information, and any conclusions or
|
| 16 | | recommendations derived from this information by the Director |
| 17 | | of
Personnel shall be provided to the applicant or prospective |
| 18 | | employee, or
his designee, upon request to the Director of |
| 19 | | Personnel prior to any
final action by the Director of |
| 20 | | Personnel on the application. No
information obtained from |
| 21 | | such investigation may be placed in any
automated information |
| 22 | | system. Any criminal convictions and their
disposition |
| 23 | | information obtained by the Director of Personnel shall be
|
| 24 | | confidential and may not be transmitted outside the Office of |
| 25 | | the
Secretary of State, except as required herein, and may not |
| 26 | | be
transmitted to anyone within the Office of the Secretary of |
|
| | HB5501 | - 138 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 28. State Comptroller purchase of real property. |
| 2 | | (a) Subject to the provisions of the Public Contract Fraud
|
| 3 | | Act, the State Comptroller, on behalf of the State of |
| 4 | | Illinois, is
authorized during State fiscal years 2021 and |
| 5 | | 2022 to acquire
real property located in the City of |
| 6 | | Springfield, which the State Comptroller deems necessary to |
| 7 | | properly carry out
the powers and duties vested in him or her. |
| 8 | | Real property
acquired under this Section may be acquired |
| 9 | | subject to any
third party interests in the property that do |
| 10 | | not prevent the
State Comptroller from exercising the intended |
| 11 | | beneficial use of
such property. This subsection (a) is |
| 12 | | inoperative on and after July 1, 2022. |
| 13 | | (b) Subject to the provisions of the Comptroller's
|
| 14 | | Procurement Rules, which shall be substantially in accordance
|
| 15 | | with the requirements of the Illinois Procurement Code, the
|
| 16 | | State Comptroller may: |
| 17 | | (1) enter into contracts relating to construction,
|
| 18 | | reconstruction, or renovation projects for any such
|
| 19 | | buildings or lands acquired under subsection (a); and |
| 20 | | (2) equip, lease, repair, operate, and maintain those |
| 21 | | grounds,
buildings, and facilities as may be appropriate |
| 22 | | to carry out
his or her statutory purposes and duties. |
| 23 | | (c) The State Comptroller may enter into agreements for |
| 24 | | the purposes of exercising his or her authority under this |
| 25 | | Section. |
| 26 | | (d) The exercise of the authority vested in the |
|
| | HB5501 | - 139 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Comptroller to acquire
property under this
Section is subject |
| 2 | | to appropriation. |
| 3 | | (e) The Capital Facility and Technology Modernization Fund |
| 4 | | is hereby created as a special fund in the State treasury. |
| 5 | | Subject to appropriation, moneys in the Fund shall be used by |
| 6 | | the Comptroller for the purchase, reconstruction, lease, |
| 7 | | repair, and maintenance of real property as may be acquired |
| 8 | | under this Section, including for expenses related to the |
| 9 | | modernization and maintenance of information technology |
| 10 | | systems and infrastructure.
|
| 11 | | (Source: P.A. 101-665, eff. 4-2-21.)
|
| 12 | | (15 ILCS 405/29)
|
| 13 | | Sec. 29 28. Comptroller recess appointments. If, during a |
| 14 | | recess of the Senate, there is a
vacancy in an office filled by |
| 15 | | appointment by the Comptroller by
and with the advice and |
| 16 | | consent of the Senate, the Comptroller
shall make a temporary |
| 17 | | appointment until the next meeting of
the Senate, when he or |
| 18 | | she shall make a nomination to fill such
office. Any |
| 19 | | nomination not acted upon by the Senate within 60 session
days |
| 20 | | after the receipt thereof shall be deemed to have
received the |
| 21 | | advice and consent of the Senate. No person rejected by the |
| 22 | | Senate for an office
shall, except at the Senate's request, be |
| 23 | | nominated again for
that office at the same session or be |
| 24 | | appointed to that
office during a recess of that Senate.
|
| 25 | | (Source: P.A. 102-291, eff. 8-6-21; revised 10-27-21.)
|
|
| | HB5501 | - 140 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 85. The Comptroller Merit Employment Code is |
| 2 | | amended by changing Section 10b.1 as follows:
|
| 3 | | (15 ILCS 410/10b.1) (from Ch. 15, par. 426)
|
| 4 | | Sec. 10b.1. Competitive examinations. For open competitive |
| 5 | | examinations
to test the relative fitness of applicants for |
| 6 | | the respective positions.
Tests shall be designed to eliminate |
| 7 | | those who are not qualified for entrance
into the Office of the |
| 8 | | Comptroller and to discover the relative fitness
of those who |
| 9 | | are qualified. The Director may use any one of or any |
| 10 | | combination
of the following examination methods which in his |
| 11 | | judgment best serves this
end: investigation of education and |
| 12 | | experience; test of cultural knowledge;
test of capacity; test |
| 13 | | of knowledge; test of manual skill; test of linguistic
|
| 14 | | ability; test of character; test of physical skill; test of |
| 15 | | psychological
fitness. No person with a record of misdemeanor |
| 16 | | convictions except those
under Sections 11-1.50, 11-6, 11-7, |
| 17 | | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, |
| 18 | | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, |
| 19 | | 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, |
| 20 | | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and |
| 21 | | paragraphs (1), (6), and (8) of subsection (a) sub-sections 1, |
| 22 | | 6 and
8 of Section 24-1 of the Criminal Code of 1961 or the |
| 23 | | Criminal Code of 2012, or arrested for any cause
but not |
| 24 | | convicted thereon shall be disqualified
from taking such |
|
| | HB5501 | - 141 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | examinations or subsequent appointment unless the person
is |
| 2 | | attempting to qualify for a position which entails financial
|
| 3 | | responsibilities,
in which case the person's conviction or |
| 4 | | arrest record
may be considered as a factor in determining the |
| 5 | | person's fitness for the
position. All examinations shall be |
| 6 | | announced publicly at least 2 weeks
in advance of the date of |
| 7 | | examinations and may be advertised through the
press, radio or |
| 8 | | other media.
|
| 9 | | The Director may, at his or her discretion, accept the |
| 10 | | results of
competitive examinations
conducted by any merit |
| 11 | | system established by Federal law or by the law of
any state |
| 12 | | State, and may compile eligible lists therefrom or may add the |
| 13 | | names
of successful candidates in examinations conducted by |
| 14 | | those merit systems
to existing eligible lists in accordance |
| 15 | | with their respective ratings.
No person who is a non-resident |
| 16 | | of the State of Illinois may be appointed
from those eligible |
| 17 | | lists, however, unless the requirement that applicants
be |
| 18 | | residents of the State of Illinois is waived by the Director of |
| 19 | | Human
Resources
and unless there are less than 3 Illinois |
| 20 | | residents available for appointment
from the appropriate |
| 21 | | eligible list. The results of the examinations conducted
by |
| 22 | | other merit systems may not be used unless they are comparable |
| 23 | | in difficulty
and comprehensiveness to examinations conducted |
| 24 | | by the Department of Human
Resources
for similar positions. |
| 25 | | Special linguistic options may also be established
where |
| 26 | | deemed appropriate.
|
|
| | HB5501 | - 142 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13; |
| 2 | | revised 12-2-21.)
|
| 3 | | Section 90. The Deposit of State Moneys Act is amended by |
| 4 | | changing Section 22.5 as follows:
|
| 5 | | (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
|
| 6 | | (For force and effect of certain provisions, see Section |
| 7 | | 90 of P.A. 94-79) |
| 8 | | Sec. 22.5. Permitted investments. The State Treasurer may |
| 9 | | invest and reinvest any State money in the State Treasury
|
| 10 | | which is not needed for current expenditures due or about to |
| 11 | | become due, in
obligations of the United States government or |
| 12 | | its agencies or of National
Mortgage Associations established |
| 13 | | by or under the National Housing Act, 12
U.S.C. 1701 et seq., |
| 14 | | or
in mortgage participation certificates representing |
| 15 | | undivided interests in
specified, first-lien conventional |
| 16 | | residential Illinois mortgages that are
underwritten, insured, |
| 17 | | guaranteed, or purchased by the Federal Home Loan
Mortgage |
| 18 | | Corporation or in Affordable Housing Program Trust Fund Bonds |
| 19 | | or
Notes as defined in and issued pursuant to the Illinois |
| 20 | | Housing Development
Act. All such obligations shall be |
| 21 | | considered as cash and may
be delivered over as cash by a State |
| 22 | | Treasurer to his successor.
|
| 23 | | The State Treasurer may purchase
any state bonds with any |
| 24 | | money in the State Treasury that has been set
aside and held |
|
| | HB5501 | - 143 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for the payment of the principal of and interest on the
bonds. |
| 2 | | The bonds shall be considered as cash and may be delivered over
|
| 3 | | as cash by the State Treasurer to his successor.
|
| 4 | | The State Treasurer may invest or
reinvest any State money |
| 5 | | in the State Treasury
that is not needed for current |
| 6 | | expenditures due or about to become
due, or any money in the |
| 7 | | State Treasury that has been set aside and
held for the payment |
| 8 | | of the principal of and interest on any State
bonds, in bonds |
| 9 | | issued by counties or municipal corporations of the
State of |
| 10 | | Illinois.
|
| 11 | | The State Treasurer may invest or reinvest up to 5% of the |
| 12 | | College Savings Pool Administrative Trust Fund, the Illinois |
| 13 | | Public Treasurer Investment Pool (IPTIP) Administrative Trust |
| 14 | | Fund, and the State Treasurer's Administrative Fund that is |
| 15 | | not needed for current expenditures due or about to become |
| 16 | | due, in common or preferred stocks of publicly traded |
| 17 | | corporations, partnerships, or limited liability companies, |
| 18 | | organized in the United States, with assets exceeding |
| 19 | | $500,000,000 if: (i) the purchases do not exceed 1% of the |
| 20 | | corporation's or the limited liability company's outstanding |
| 21 | | common and preferred stock; (ii) no more than 10% of the total |
| 22 | | funds are invested in any one publicly traded corporation, |
| 23 | | partnership, or limited liability company; and (iii) the |
| 24 | | corporation or the limited liability company has not been |
| 25 | | placed on the list of restricted companies by the Illinois |
| 26 | | Investment Policy Board under Section 1-110.16 of the Illinois |
|
| | HB5501 | - 144 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Pension Code.
|
| 2 | | Whenever the total amount of vouchers presented to the |
| 3 | | Comptroller under Section 9 of the State Comptroller Act |
| 4 | | exceeds the funds available in the General Revenue Fund by |
| 5 | | $1,000,000,000 or more, then the State Treasurer may invest |
| 6 | | any State money in the State Treasury, other than money in the |
| 7 | | General Revenue Fund, Health Insurance Reserve Fund, Attorney |
| 8 | | General Court Ordered and Voluntary Compliance Payment |
| 9 | | Projects Fund, Attorney General Whistleblower Reward and |
| 10 | | Protection Fund, and Attorney General's State Projects and |
| 11 | | Court Ordered Distribution Fund, which is not needed for |
| 12 | | current expenditures, due or about to become due, or any money |
| 13 | | in the State Treasury which has been set aside and held for the |
| 14 | | payment of the principal of and the interest on any State bonds |
| 15 | | with the Office of the Comptroller in order to enable the |
| 16 | | Comptroller to pay outstanding vouchers. At any time, and from |
| 17 | | time to time outstanding, such investment shall not be greater |
| 18 | | than $2,000,000,000. Such investment shall be deposited into |
| 19 | | the General Revenue Fund or Health Insurance Reserve Fund as |
| 20 | | determined by the Comptroller. Such investment shall be repaid |
| 21 | | by the Comptroller with an interest rate tied to the London |
| 22 | | Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an |
| 23 | | equivalent market established variable rate, but in no case |
| 24 | | shall such interest rate exceed the lesser of the penalty rate |
| 25 | | established under the State Prompt Payment Act or the timely |
| 26 | | pay interest rate under Section 368a of the Illinois Insurance |
|
| | HB5501 | - 145 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Code. The State Treasurer and the Comptroller shall enter into |
| 2 | | an intergovernmental agreement to establish procedures for |
| 3 | | such investments, which market established variable rate to |
| 4 | | which the interest rate for the investments should be tied, |
| 5 | | and other terms which the State Treasurer and Comptroller |
| 6 | | reasonably believe to be mutually beneficial concerning these |
| 7 | | investments by the State Treasurer. The State Treasurer and |
| 8 | | Comptroller shall also enter into a written agreement for each |
| 9 | | such investment that specifies the period of the investment, |
| 10 | | the payment interval, the interest rate to be paid, the funds |
| 11 | | in the State Treasury from which the State Treasurer will draw |
| 12 | | the investment, and other terms upon which the State Treasurer |
| 13 | | and Comptroller mutually agree. Such investment agreements |
| 14 | | shall be public records and the State Treasurer shall post the |
| 15 | | terms of all such investment agreements on the State |
| 16 | | Treasurer's official website. In compliance with the |
| 17 | | intergovernmental agreement, the Comptroller shall order and |
| 18 | | the State Treasurer shall transfer amounts sufficient for the |
| 19 | | payment of principal and interest invested by the State |
| 20 | | Treasurer with the Office of the Comptroller under this |
| 21 | | paragraph from the General Revenue Fund or the Health |
| 22 | | Insurance Reserve Fund to the respective funds in the State |
| 23 | | Treasury from which the State Treasurer drew the investment. |
| 24 | | Public Act 100-1107 shall constitute an irrevocable and |
| 25 | | continuing authority for all amounts necessary for the payment |
| 26 | | of principal and interest on the investments made with the |
|
| | HB5501 | - 146 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Office of the Comptroller by the State Treasurer under this |
| 2 | | paragraph, and the irrevocable and continuing authority for |
| 3 | | and direction to the Comptroller and State Treasurer to make |
| 4 | | the necessary transfers. |
| 5 | | The State Treasurer may invest or
reinvest any State money |
| 6 | | in the State Treasury that is not needed for current
|
| 7 | | expenditure, due or about to become due, or any money in the |
| 8 | | State Treasury
that has been set aside and held for the payment |
| 9 | | of the principal of and
the interest on any State bonds, in any |
| 10 | | of the following:
|
| 11 | | (1) Bonds, notes, certificates of indebtedness, |
| 12 | | Treasury bills, or other
securities now or hereafter |
| 13 | | issued that are guaranteed by the full faith
and credit of |
| 14 | | the United States of America as to principal and interest.
|
| 15 | | (2) Bonds, notes, debentures, or other similar |
| 16 | | obligations of the United
States of America, its agencies, |
| 17 | | and instrumentalities, or other obligations that are |
| 18 | | issued or guaranteed by supranational entities; provided, |
| 19 | | that at the time of investment, the entity has the United |
| 20 | | States government as a shareholder.
|
| 21 | | (2.5) Bonds, notes, debentures, or other similar |
| 22 | | obligations of a
foreign government, other than the |
| 23 | | Republic of the Sudan, that are guaranteed by the full |
| 24 | | faith and credit of that
government as to principal and |
| 25 | | interest, but only if the foreign government
has not |
| 26 | | defaulted and has met its payment obligations in a timely |
|
| | HB5501 | - 147 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | manner on
all similar obligations for a period of at least |
| 2 | | 25 years immediately before
the time of acquiring those |
| 3 | | obligations.
|
| 4 | | (3) Interest-bearing savings accounts, |
| 5 | | interest-bearing certificates of
deposit, |
| 6 | | interest-bearing time deposits, or any other investments
|
| 7 | | constituting direct obligations of any bank as defined by |
| 8 | | the Illinois
Banking Act.
|
| 9 | | (4) Interest-bearing accounts, certificates of |
| 10 | | deposit, or any other
investments constituting direct |
| 11 | | obligations of any savings and loan
associations |
| 12 | | incorporated under the laws of this State or any other |
| 13 | | state or
under the laws of the United States.
|
| 14 | | (5) Dividend-bearing share accounts, share certificate |
| 15 | | accounts, or
class of share accounts of a credit union |
| 16 | | chartered under the laws of this
State or the laws of the |
| 17 | | United States; provided, however, the principal
office of |
| 18 | | the credit union must be located within the State of |
| 19 | | Illinois.
|
| 20 | | (6) Bankers' acceptances of banks whose senior |
| 21 | | obligations are rated in
the top 2 rating categories by 2 |
| 22 | | national rating agencies and maintain that
rating during |
| 23 | | the term of the investment and the bank has not been placed |
| 24 | | on the list of restricted companies by the Illinois |
| 25 | | Investment Policy Board under Section 1-110.16 of the |
| 26 | | Illinois Pension Code.
|
|
| | HB5501 | - 148 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (7) Short-term obligations of either corporations or |
| 2 | | limited liability companies organized in the United
States |
| 3 | | with assets exceeding $500,000,000 if (i) the obligations |
| 4 | | are rated
at the time of purchase at one of the 3 highest |
| 5 | | classifications established
by at least 2 standard rating |
| 6 | | services and mature not later than 270
days from the date |
| 7 | | of purchase, (ii) the purchases do not exceed 10% of
the |
| 8 | | corporation's or the limited liability company's |
| 9 | | outstanding obligations, (iii) no more than one-third of
|
| 10 | | the public agency's funds are invested in short-term |
| 11 | | obligations of
either corporations or limited liability |
| 12 | | companies, and (iv) the corporation or the limited |
| 13 | | liability company has not been placed on the list of |
| 14 | | restricted companies by the Illinois Investment Policy |
| 15 | | Board under Section 1-110.16 of the Illinois Pension Code.
|
| 16 | | (7.5) Obligations of either corporations or limited |
| 17 | | liability companies organized in the United States, that |
| 18 | | have a significant presence in this State, with assets |
| 19 | | exceeding $500,000,000 if: (i) the obligations are rated |
| 20 | | at the time of purchase at one of the 3 highest |
| 21 | | classifications established by at least 2 standard rating |
| 22 | | services and mature more than 270 days, but less than 10 |
| 23 | | years, from the date of purchase; (ii) the purchases do |
| 24 | | not exceed 10% of the corporation's or the limited |
| 25 | | liability company's outstanding obligations; (iii) no more |
| 26 | | than one-third of the public agency's funds are invested |
|
| | HB5501 | - 149 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in such obligations of corporations or limited liability |
| 2 | | companies; and (iv) the corporation or the limited |
| 3 | | liability company has not been placed on the list of |
| 4 | | restricted companies by the Illinois Investment Policy |
| 5 | | Board under Section 1-110.16 of the Illinois Pension Code. |
| 6 | | (8) Money market mutual funds registered under the |
| 7 | | Investment Company
Act of 1940.
|
| 8 | | (9) The Public Treasurers' Investment Pool created |
| 9 | | under Section 17 of
the State Treasurer Act or in a fund |
| 10 | | managed, operated, and administered by
a bank.
|
| 11 | | (10) Repurchase agreements of government securities |
| 12 | | having the meaning
set out in the Government Securities |
| 13 | | Act of 1986, as now or hereafter amended or succeeded, |
| 14 | | subject to the provisions
of that Act and the regulations |
| 15 | | issued thereunder.
|
| 16 | | (11) Investments made in accordance with the |
| 17 | | Technology Development
Act.
|
| 18 | | (12) Investments made in accordance with the Student |
| 19 | | Investment Account Act. |
| 20 | | (13) Investments constituting direct obligations of a |
| 21 | | community development financial institution, which is |
| 22 | | certified by the United States Treasury Community |
| 23 | | Development Financial Institutions Fund and is operating |
| 24 | | in the State of Illinois. |
| 25 | | (14) Investments constituting direct obligations of a |
| 26 | | minority depository institution, as designated by the |
|
| | HB5501 | - 150 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Federal Deposit Insurance Corporation, that is operating |
| 2 | | in the State of Illinois. |
| 3 | | (15) (13) Investments made in accordance with any |
| 4 | | other law that authorizes the State Treasurer to invest or |
| 5 | | deposit funds. |
| 6 | | For purposes of this Section, "agencies" of the United |
| 7 | | States
Government includes:
|
| 8 | | (i) the federal land banks, federal intermediate |
| 9 | | credit banks, banks for
cooperatives, federal farm credit |
| 10 | | banks, or any other entity authorized
to issue debt |
| 11 | | obligations under the Farm Credit Act of 1971 (12 U.S.C. |
| 12 | | 2001
et seq.) and Acts amendatory thereto;
|
| 13 | | (ii) the federal home loan banks and the federal home |
| 14 | | loan
mortgage corporation;
|
| 15 | | (iii) the Commodity Credit Corporation; and
|
| 16 | | (iv) any other agency created by Act of Congress.
|
| 17 | | The State Treasurer may lend any securities
acquired under |
| 18 | | this Act. However, securities may be lent under this Section
|
| 19 | | only in accordance with Federal Financial Institution |
| 20 | | Examination Council
guidelines and only if the securities are |
| 21 | | collateralized at a level sufficient
to assure the safety of |
| 22 | | the securities, taking into account market value
fluctuation. |
| 23 | | The securities may be collateralized by cash or collateral
|
| 24 | | acceptable under Sections 11 and 11.1.
|
| 25 | | (Source: P.A. 101-81, eff. 7-12-19; 101-206, eff. 8-2-19; |
| 26 | | 101-586, eff. 8-26-19; 101-657, eff. 3-23-21; 102-297, eff. |
|
| | HB5501 | - 151 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 8-6-21; 102-558, eff. 8-20-21; revised 10-6-21.)
|
| 2 | | Section 95. The Civil Administrative Code of Illinois is |
| 3 | | amended by changing Section 5-715 as follows:
|
| 4 | | (20 ILCS 5/5-715) |
| 5 | | Sec. 5-715. Expedited licensure for service members and |
| 6 | | spouses. |
| 7 | | (a) In this Section, "service member" means any person |
| 8 | | who, at the time of application under this Section, is an |
| 9 | | active duty member of the United States Armed Forces or any |
| 10 | | reserve component of the United States Armed Forces, the Coast |
| 11 | | Guard, or the National Guard of any state, commonwealth, or |
| 12 | | territory of the United States or the District of Columbia or |
| 13 | | whose active duty service concluded within the preceding 2 |
| 14 | | years before application. |
| 15 | | (a-5) The Department of Financial and Professional |
| 16 | | Regulation shall within 180 days after January 1, 2020 (the |
| 17 | | effective date of Public Act 101-240) designate one staff |
| 18 | | member as the military liaison within the Department of |
| 19 | | Financial and Professional Regulation to ensure proper |
| 20 | | enactment of the requirements of this Section. The military |
| 21 | | liaison's responsibilities shall also include, but are not |
| 22 | | limited to: (1) the management of all expedited applications |
| 23 | | to ensure processing within 30 days after receipt of a |
| 24 | | completed application; (2) coordination with all military |
|
| | HB5501 | - 152 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | installation military and family support center directors |
| 2 | | within this State, including virtual, phone, or in-person |
| 3 | | periodic meetings with each military installation military and |
| 4 | | family support center; and (3) training by the military |
| 5 | | liaison to all directors of each division that issues an |
| 6 | | occupational or professional license to ensure proper |
| 7 | | application of this Section. At the end of each calendar year, |
| 8 | | the military liaison shall provide an annual report |
| 9 | | documenting the expedited licensure program for service |
| 10 | | members and spouses, and shall deliver that report to the |
| 11 | | Secretary of Financial and Professional Regulation and the |
| 12 | | Lieutenant Governor. |
| 13 | | (b) Each director of a department that issues an |
| 14 | | occupational or professional license is authorized to and |
| 15 | | shall issue an expedited license to a service member who meets |
| 16 | | the requirements under this Section. Review and determination |
| 17 | | of an application for a license issued by the department shall |
| 18 | | be expedited by the department within 30 days after the date on |
| 19 | | which the department receives all necessary documentation |
| 20 | | required for licensure, including any required information |
| 21 | | from State and federal agencies. An expedited license shall be |
| 22 | | issued by the department to any service members meeting the |
| 23 | | application requirements of this Section, regardless of |
| 24 | | whether the service member currently resides in this State. |
| 25 | | The service member shall apply to the department on forms |
| 26 | | provided by the department. An application must include proof |
|
| | HB5501 | - 153 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | that: |
| 2 | | (1) the applicant is a service member; |
| 3 | | (2) the applicant holds a valid license in good |
| 4 | | standing for the occupation or profession issued by |
| 5 | | another state, commonwealth, possession, or territory of |
| 6 | | the United States, the District of Columbia, or any |
| 7 | | foreign jurisdiction; |
| 8 | | (2.5) the applicant meets the requirements and |
| 9 | | standards for licensure through endorsement or reciprocity |
| 10 | | for the occupation or profession for which the applicant |
| 11 | | is applying; |
| 12 | | (3) the applicant is assigned to a duty station in |
| 13 | | this State, has established legal residence in this State, |
| 14 | | or will reside in this State within 6 months after the date |
| 15 | | of application for licensure; |
| 16 | | (4) a complete set of the applicant's fingerprints has |
| 17 | | been submitted to the Illinois State Police for statewide |
| 18 | | and national criminal history checks, if applicable to the |
| 19 | | requirements of the department issuing the license; the |
| 20 | | applicant shall pay the fee to the Illinois State Police |
| 21 | | or to the fingerprint vendor for electronic fingerprint |
| 22 | | processing; no temporary occupational or professional |
| 23 | | license shall be issued to an applicant if the statewide |
| 24 | | or national criminal history check discloses information |
| 25 | | that would cause the denial of an application for |
| 26 | | licensure under any applicable occupational or |
|
| | HB5501 | - 155 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | another state, commonwealth, possession, or territory of |
| 2 | | the United States, the District of Columbia, or any |
| 3 | | foreign jurisdiction; |
| 4 | | (2.5) the applicant meets the requirements and |
| 5 | | standards for licensure through endorsement or reciprocity |
| 6 | | for the occupation or profession for which the applicant |
| 7 | | is applying; |
| 8 | | (3) the applicant's spouse is assigned to a duty |
| 9 | | station in this State, has established legal residence in |
| 10 | | this State, or will reside in this State within 6 months |
| 11 | | after the date of application for licensure; |
| 12 | | (4) a complete set of the applicant's fingerprints has |
| 13 | | been submitted to the Illinois State Police for statewide |
| 14 | | and national criminal history checks, if applicable to the |
| 15 | | requirements of the department issuing the license; the |
| 16 | | applicant shall pay the fee to the Illinois State Police |
| 17 | | or to the fingerprint vendor for electronic fingerprint |
| 18 | | processing; no temporary occupational or professional |
| 19 | | license shall be issued to an applicant if the statewide |
| 20 | | or national criminal history check discloses information |
| 21 | | that would cause the denial of an application for |
| 22 | | licensure under any applicable occupational or |
| 23 | | professional licensing Act; |
| 24 | | (5) the applicant is not ineligible for licensure |
| 25 | | pursuant to Section 2105-165 of the Civil Administrative |
| 26 | | Code of Illinois; |
|
| | HB5501 | - 156 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (6) the applicant has submitted an application for |
| 2 | | full licensure; and |
| 3 | | (7) the applicant has paid the required fee; fees |
| 4 | | shall not be refundable. |
| 5 | | (c-5) If a service member or his or her spouse relocates |
| 6 | | from this State, he or she shall be provided an opportunity to |
| 7 | | place his or her license in inactive status through |
| 8 | | coordination with the military liaison. If the service member |
| 9 | | or his or her spouse returns to this State, he or she may |
| 10 | | reactivate the license in accordance with the statutory |
| 11 | | provisions regulating the profession and any applicable |
| 12 | | administrative rules. The license reactivation shall be |
| 13 | | expedited and completed within 30 days after receipt of a |
| 14 | | completed application to reactivate the license. A license |
| 15 | | reactivation is only applicable when the valid license for |
| 16 | | which the first issuance of a license was predicated is still |
| 17 | | valid and in good standing. An application to reactivate a |
| 18 | | license must include proof that
the applicant still holds a |
| 19 | | valid license in good standing for the occupation or |
| 20 | | profession issued in another State, commonwealth, possession, |
| 21 | | or territory of the United States, the District of Columbia, |
| 22 | | or any foreign jurisdiction. |
| 23 | | (d) All relevant experience of a service member or his or |
| 24 | | her spouse in the discharge of official duties, including |
| 25 | | full-time and part-time experience, shall be credited in the |
| 26 | | calculation of any years of practice in an occupation or |
|
| | HB5501 | - 157 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | profession as may be required under any applicable |
| 2 | | occupational or professional licensing Act. All relevant |
| 3 | | training provided by the military and completed by a service |
| 4 | | member shall be credited to that service member as meeting any |
| 5 | | training or education requirement under any applicable |
| 6 | | occupational or professional licensing Act, provided that the |
| 7 | | training or education is determined by the department to meet |
| 8 | | the requirements under any applicable Act and is not otherwise |
| 9 | | contrary to any other licensure requirement. |
| 10 | | (e) A department may adopt any rules necessary for the |
| 11 | | implementation and administration of this Section and shall by |
| 12 | | rule provide for fees for the administration of this Section.
|
| 13 | | (Source: P.A. 101-240, eff. 1-1-20; 102-384, eff. 1-1-22; |
| 14 | | 102-538, eff. 8-20-21; revised 1-15-22.)
|
| 15 | | Section 100. The Substance Use Disorder Act is amended by |
| 16 | | changing Section 30-5 as follows:
|
| 17 | | (20 ILCS 301/30-5)
|
| 18 | | Sec. 30-5. Patients' rights established.
|
| 19 | | (a) For purposes of this Section, "patient" means any |
| 20 | | person who is
receiving or has received early intervention, |
| 21 | | treatment, or other recovery support services under
this Act |
| 22 | | or any category of service licensed as "intervention" under |
| 23 | | this Act.
|
| 24 | | (b) No patient shall be deprived of any rights, benefits,
|
|
| | HB5501 | - 158 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or privileges guaranteed by law, the Constitution of the |
| 2 | | United States of
America, or the Constitution of the State of |
| 3 | | Illinois solely because of his
or her status as a patient.
|
| 4 | | (c) Persons who have substance use disorders who are
also |
| 5 | | suffering from medical conditions shall not be discriminated |
| 6 | | against in
admission or treatment by any hospital that |
| 7 | | receives support in any form supported in whole or in part by |
| 8 | | funds appropriated to any State
department or agency.
|
| 9 | | (d) Every patient shall have impartial access to services |
| 10 | | without regard to
race, religion, sex, ethnicity, age, sexual |
| 11 | | orientation, gender identity, marital status, or other |
| 12 | | disability.
|
| 13 | | (e) Patients shall be permitted the free exercise of |
| 14 | | religion.
|
| 15 | | (f) Every patient's personal dignity shall be recognized |
| 16 | | in the provision
of services, and a patient's personal privacy |
| 17 | | shall be assured and protected
within the constraints of his |
| 18 | | or her individual treatment.
|
| 19 | | (g) Treatment services shall be provided in the least |
| 20 | | restrictive
environment possible.
|
| 21 | | (h) Each patient receiving treatment services shall be |
| 22 | | provided an individual treatment plan, which
shall be |
| 23 | | periodically reviewed and updated as mandated by |
| 24 | | administrative rule.
|
| 25 | | (i) Treatment shall be person-centered, meaning that every |
| 26 | | patient shall be permitted to participate in the planning of |
|
| | HB5501 | - 159 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | his
or her total care and medical treatment to the extent that |
| 2 | | his or her condition permits.
|
| 3 | | (j) A person shall not be denied treatment solely because |
| 4 | | he or she has withdrawn
from treatment against medical advice |
| 5 | | on a prior occasion or had prior treatment episodes.
|
| 6 | | (k) The patient in residential treatment shall be |
| 7 | | permitted visits by family and
significant others, unless such |
| 8 | | visits are clinically contraindicated.
|
| 9 | | (l) A patient in residential treatment shall be allowed to |
| 10 | | conduct private telephone
conversations with family and |
| 11 | | friends unless clinically contraindicated.
|
| 12 | | (m) A patient in residential treatment shall be permitted |
| 13 | | to send and receive mail without
hindrance, unless clinically |
| 14 | | contraindicated.
|
| 15 | | (n) A patient shall be permitted to manage his or her own |
| 16 | | financial affairs unless
the patient or the patient's |
| 17 | | guardian, or if the patient is a minor, the patient's parent, |
| 18 | | authorizes
another competent person to do so.
|
| 19 | | (o) A patient shall be permitted to request the opinion of |
| 20 | | a consultant at
his or her own expense, or to request an |
| 21 | | in-house review of a treatment plan, as
provided in the |
| 22 | | specific procedures of the provider. A treatment provider is
|
| 23 | | not liable for the negligence of any consultant.
|
| 24 | | (p) Unless otherwise prohibited by State or federal law, |
| 25 | | every patient
shall be permitted to obtain from his or her own |
| 26 | | physician, the treatment provider, or
the treatment provider's |
|
| | HB5501 | - 160 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | consulting physician complete and current information
|
| 2 | | concerning the nature of care, procedures, and treatment that |
| 3 | | he or she will receive.
|
| 4 | | (q) A patient shall be permitted to refuse to participate |
| 5 | | in any
experimental research or medical procedure without |
| 6 | | compromising his or her access to
other, non-experimental |
| 7 | | services. Before a patient is placed in an
experimental |
| 8 | | research or medical procedure, the provider must first obtain |
| 9 | | his
or her informed written consent or otherwise comply with |
| 10 | | the federal requirements
regarding the protection of human |
| 11 | | subjects contained in 45 CFR C.F.R.
Part 46.
|
| 12 | | (r) All medical treatment and procedures shall be |
| 13 | | administered as ordered
by a physician and in accordance with |
| 14 | | all Department rules.
|
| 15 | | (s) Every patient in treatment shall be permitted to |
| 16 | | refuse medical treatment and to
know the consequences of such |
| 17 | | action. Such refusal by a patient shall free the
treatment |
| 18 | | licensee from the obligation to provide the treatment.
|
| 19 | | (t) Unless otherwise prohibited by State or federal law, |
| 20 | | every patient,
patient's guardian, or parent, if the patient |
| 21 | | is a minor, shall be permitted to
inspect and copy all clinical |
| 22 | | and other records kept by the intervention or treatment |
| 23 | | licensee
or by his or her physician concerning his or her care |
| 24 | | and maintenance. The licensee
or physician may charge a |
| 25 | | reasonable fee for the duplication of a record.
|
| 26 | | (u) No owner, licensee, administrator, employee, or agent |
|
| | HB5501 | - 161 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of a licensed intervention or treatment
program shall abuse or |
| 2 | | neglect a patient. It is the duty of any individual who becomes |
| 3 | | aware of such abuse or neglect to report it to
the Department |
| 4 | | immediately.
|
| 5 | | (v) The licensee may refuse access to any
person if the |
| 6 | | actions of that person are or could be
injurious to the health |
| 7 | | and safety of a patient or the licensee, or if the
person seeks |
| 8 | | access for commercial purposes.
|
| 9 | | (w) All patients admitted to community-based treatment |
| 10 | | facilities shall be considered voluntary treatment patients |
| 11 | | and such patients shall not be contained within a locked |
| 12 | | setting.
|
| 13 | | (x) Patients and their families or legal guardians shall |
| 14 | | have the right to
present complaints to the provider or the |
| 15 | | Department concerning the quality of care provided to the |
| 16 | | patient,
without threat of discharge or reprisal in any form |
| 17 | | or manner whatsoever. The complaint process and procedure |
| 18 | | shall be adopted by the Department by rule. The
treatment |
| 19 | | provider shall have in place a mechanism for receiving and |
| 20 | | responding
to such complaints, and shall inform the patient |
| 21 | | and the patient's family or legal
guardian of this mechanism |
| 22 | | and how to use it. The provider shall analyze any
complaint |
| 23 | | received and, when indicated, take appropriate corrective |
| 24 | | action.
Every patient and his or her family member or legal |
| 25 | | guardian who makes a complaint
shall receive a timely response |
| 26 | | from the provider that substantively addresses
the complaint. |
|
| | HB5501 | - 162 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The provider shall inform the patient and the patient's family |
| 2 | | or legal
guardian about other sources of assistance if the |
| 3 | | provider has not resolved the
complaint to the satisfaction of |
| 4 | | the patient or the patient's family or legal guardian.
|
| 5 | | (y) A patient may refuse to perform labor at a program |
| 6 | | unless such labor
is a part of the patient's individual |
| 7 | | treatment plan as documented in the patient's clinical
record.
|
| 8 | | (z) A person who is in need of services may apply for |
| 9 | | voluntary admission
in the manner and with the rights provided |
| 10 | | for under
regulations promulgated by the Department. If a |
| 11 | | person is refused admission, then staff, subject to rules
|
| 12 | | promulgated by the Department, shall refer the person to |
| 13 | | another facility or to other appropriate services.
|
| 14 | | (aa) No patient shall be denied services based solely on |
| 15 | | HIV status.
Further, records and information governed by the |
| 16 | | AIDS Confidentiality Act and
the AIDS Confidentiality and |
| 17 | | Testing Code (77 Ill. Adm. Code 697) shall be
maintained in |
| 18 | | accordance therewith.
|
| 19 | | (bb) Records of the identity, diagnosis, prognosis or |
| 20 | | treatment of any
patient maintained in connection with the |
| 21 | | performance of any service or
activity relating to substance |
| 22 | | use disorder education, early
intervention, intervention, |
| 23 | | training, or treatment that is
regulated, authorized, or |
| 24 | | directly or indirectly assisted by any Department or
agency of |
| 25 | | this State or under any provision of this Act shall be |
| 26 | | confidential
and may be disclosed only in accordance with the |
|
| | HB5501 | - 163 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provisions of federal law and
regulations concerning the |
| 2 | | confidentiality of substance use disorder patient
records as |
| 3 | | contained in 42 U.S.C. Sections 290dd-2 and 42 CFR C.F.R.
Part |
| 4 | | 2, or any successor federal statute or regulation.
|
| 5 | | (1) The following are exempt from the confidentiality |
| 6 | | protections set
forth in 42 CFR C.F.R. Section 2.12(c):
|
| 7 | | (A) Veteran's Administration records.
|
| 8 | | (B) Information obtained by the Armed Forces.
|
| 9 | | (C) Information given to qualified service |
| 10 | | organizations.
|
| 11 | | (D) Communications within a program or between a |
| 12 | | program and an entity
having direct administrative |
| 13 | | control over that program.
|
| 14 | | (E) Information given to law enforcement personnel |
| 15 | | investigating a
patient's commission of a crime on the |
| 16 | | program premises or against program
personnel.
|
| 17 | | (F) Reports under State law of incidents of |
| 18 | | suspected child abuse and
neglect; however, |
| 19 | | confidentiality restrictions continue to
apply to the |
| 20 | | records and any follow-up information for disclosure |
| 21 | | and use in
civil or criminal proceedings arising from |
| 22 | | the report of suspected abuse or
neglect.
|
| 23 | | (2) If the information is not exempt, a disclosure can |
| 24 | | be made only under
the following circumstances:
|
| 25 | | (A) With patient consent as set forth in 42 CFR |
| 26 | | C.F.R. Sections 2.1(b)(1)
and 2.31, and as consistent |
|
| | HB5501 | - 164 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with pertinent State law.
|
| 2 | | (B) For medical emergencies as set forth in 42 CFR |
| 3 | | C.F.R. Sections
2.1(b)(2) and 2.51.
|
| 4 | | (C) For research activities as set forth in 42 CFR |
| 5 | | C.F.R. Sections
2.1(b)(2) and 2.52.
|
| 6 | | (D) For audit evaluation activities as set forth |
| 7 | | in 42 CFR C.F.R. Section
2.53.
|
| 8 | | (E) With a court order as set forth in 42 CFR |
| 9 | | C.F.R. Sections 2.61 through
2.67.
|
| 10 | | (3) The restrictions on disclosure and use of patient |
| 11 | | information apply
whether the holder of the information |
| 12 | | already has it, has other means of
obtaining it, is a law |
| 13 | | enforcement or other official, has obtained a subpoena,
or |
| 14 | | asserts any other justification for a disclosure or use |
| 15 | | that is not
permitted by 42 CFR C.F.R. Part 2. Any court |
| 16 | | orders authorizing disclosure of
patient records under |
| 17 | | this Act must comply with the procedures and criteria set
|
| 18 | | forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as |
| 19 | | authorized by a court
order granted under this Section, no |
| 20 | | record referred to in this Section may be
used to initiate |
| 21 | | or substantiate any charges against a patient or to |
| 22 | | conduct
any investigation of a patient.
|
| 23 | | (4) The prohibitions of this subsection shall apply to |
| 24 | | records concerning
any person who has been a patient, |
| 25 | | regardless of whether or when the person ceases to
be a |
| 26 | | patient.
|
|
| | HB5501 | - 165 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (5) Any person who discloses the content of any record |
| 2 | | referred to in this
Section except as authorized shall, |
| 3 | | upon conviction, be guilty of a Class A
misdemeanor.
|
| 4 | | (6) The Department shall prescribe regulations to |
| 5 | | carry out the purposes
of
this subsection. These |
| 6 | | regulations may contain such definitions, and may
provide |
| 7 | | for such safeguards and procedures, including procedures |
| 8 | | and criteria
for the issuance and scope of court orders, |
| 9 | | as in the judgment of the
Department are necessary or |
| 10 | | proper to effectuate the purposes of this Section,
to |
| 11 | | prevent circumvention or evasion thereof, or to facilitate |
| 12 | | compliance
therewith.
|
| 13 | | (cc) Each patient shall be given a written explanation of |
| 14 | | all the rights
enumerated in this Section and a copy, signed by |
| 15 | | the patient, shall be kept in every patient record. If a |
| 16 | | patient is unable to read such written
explanation, it shall |
| 17 | | be read to the patient in a language that the patient
|
| 18 | | understands. A copy of all the rights enumerated in this |
| 19 | | Section shall be
posted in a conspicuous place within the |
| 20 | | program where it may readily be
seen and read by program |
| 21 | | patients and visitors.
|
| 22 | | (dd) The program shall ensure that its staff is familiar |
| 23 | | with and observes
the rights and responsibilities enumerated |
| 24 | | in this Section.
|
| 25 | | (ee) Licensed organizations shall comply with the right of |
| 26 | | any adolescent to consent to treatment without approval of the |
|
| | HB5501 | - 166 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | parent or legal guardian in accordance with the Consent by |
| 2 | | Minors to Health Care Services Medical Procedures Act. |
| 3 | | (ff) At the point of admission for services, licensed |
| 4 | | organizations must obtain written informed consent, as defined |
| 5 | | in Section 1-10 and in administrative rule, from each client, |
| 6 | | patient, or legal guardian. |
| 7 | | (Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19; |
| 8 | | revised 12-1-21.)
|
| 9 | | Section 105. The Department of Central Management Services |
| 10 | | Law of the
Civil Administrative Code of Illinois is amended by |
| 11 | | by setting forth and renumbering multiple
versions of Section |
| 12 | | 405-535 as follows:
|
| 13 | | (20 ILCS 405/405-535) |
| 14 | | Sec. 405-535. Race and gender wage reports. |
| 15 | | (a) Each State agency and public institution of higher |
| 16 | | education shall annually submit to the Commission on Equity |
| 17 | | and Inclusion a report, categorized by both race and gender, |
| 18 | | specifying the respective wage earnings of employees of that |
| 19 | | State agency or public institution of higher education. |
| 20 | | (b) The Commission shall compile the information submitted |
| 21 | | under this Section and make that information available to the |
| 22 | | public on the Internet website of the Commission. |
| 23 | | (c) The Commission shall annually submit a report of the |
| 24 | | information compiled under this Section to the Governor and |
|
| | HB5501 | - 168 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 1-1-2 of the Illinois Municipal Code, in accordance with its |
| 2 | | ordinances or codes that consists of the photo, name, and |
| 3 | | address of the card holder.
|
| 4 | | (Source: P.A. 102-561, eff. 1-1-22; revised 10-27-21.)
|
| 5 | | Section 110. The Personnel Code is amended by changing |
| 6 | | Sections 4c and 8b.1 as follows:
|
| 7 | | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) |
| 8 | | Sec. 4c. General exemptions. The following positions in |
| 9 | | State
service shall be exempt from jurisdictions A, B, and C, |
| 10 | | unless the
jurisdictions shall be extended as provided in this |
| 11 | | Act:
|
| 12 | | (1) All officers elected by the people.
|
| 13 | | (2) All positions under the Lieutenant Governor, |
| 14 | | Secretary of State,
State Treasurer, State Comptroller, |
| 15 | | State Board of Education, Clerk of
the Supreme Court,
|
| 16 | | Attorney General, and State Board of Elections.
|
| 17 | | (3) Judges, and officers and employees of the courts, |
| 18 | | and notaries
public.
|
| 19 | | (4) All officers and employees of the Illinois General |
| 20 | | Assembly, all
employees of legislative commissions, all |
| 21 | | officers and employees of the
Illinois Legislative |
| 22 | | Reference Bureau and the Legislative Printing Unit.
|
| 23 | | (5) All positions in the Illinois National Guard and |
| 24 | | Illinois State
Guard, paid from federal funds or positions
|
|
| | HB5501 | - 169 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in the State Military Service filled by enlistment and |
| 2 | | paid from State
funds.
|
| 3 | | (6) All employees of the Governor at the executive |
| 4 | | mansion and on
his immediate personal staff.
|
| 5 | | (7) Directors of Departments, the Adjutant General, |
| 6 | | the Assistant
Adjutant General, the Director of the |
| 7 | | Illinois Emergency
Management Agency, members of boards |
| 8 | | and commissions, and all other
positions appointed by the |
| 9 | | Governor by and with the consent of the
Senate.
|
| 10 | | (8) The presidents, other principal administrative |
| 11 | | officers, and
teaching, research and extension faculties |
| 12 | | of
Chicago State University, Eastern Illinois University, |
| 13 | | Governors State
University, Illinois State University, |
| 14 | | Northeastern Illinois University,
Northern Illinois |
| 15 | | University, Western Illinois University, the Illinois
|
| 16 | | Community College Board, Southern Illinois
University, |
| 17 | | Illinois Board of Higher Education, University of
|
| 18 | | Illinois, State Universities Civil Service System, |
| 19 | | University Retirement
System of Illinois, and the |
| 20 | | administrative officers and scientific and
technical staff |
| 21 | | of the Illinois State Museum.
|
| 22 | | (9) All other employees except the presidents, other |
| 23 | | principal
administrative officers, and teaching, research |
| 24 | | and extension faculties
of the universities under the |
| 25 | | jurisdiction of the Board of Regents and
the colleges and |
| 26 | | universities under the jurisdiction of the Board of
|
|
| | HB5501 | - 170 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Governors of State Colleges and Universities, Illinois |
| 2 | | Community College
Board, Southern Illinois University, |
| 3 | | Illinois Board of Higher Education,
Board of Governors of |
| 4 | | State Colleges and Universities, the Board of
Regents, |
| 5 | | University of Illinois, State Universities Civil Service
|
| 6 | | System, University Retirement System of Illinois, so long |
| 7 | | as these are
subject to the provisions of the State |
| 8 | | Universities Civil Service Act.
|
| 9 | | (10) The Illinois State Police so long as they are |
| 10 | | subject to the merit
provisions of the Illinois State |
| 11 | | Police Act.
Employees of the Illinois State Police Merit |
| 12 | | Board are subject to the provisions of this Code.
|
| 13 | | (11) (Blank).
|
| 14 | | (12) The technical and engineering staffs of the |
| 15 | | Department of
Transportation, the Department of Nuclear |
| 16 | | Safety, the Pollution Control
Board, and the Illinois |
| 17 | | Commerce Commission, and the technical and engineering
|
| 18 | | staff providing architectural and engineering services in |
| 19 | | the Department of
Central Management Services.
|
| 20 | | (13) All employees of the Illinois State Toll Highway |
| 21 | | Authority.
|
| 22 | | (14) The Secretary of the Illinois Workers' |
| 23 | | Compensation Commission.
|
| 24 | | (15) All persons who are appointed or employed by the |
| 25 | | Director of
Insurance under authority of Section 202 of |
| 26 | | the Illinois Insurance Code
to assist the Director of |
|
| | HB5501 | - 171 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Insurance in discharging his responsibilities
relating to |
| 2 | | the rehabilitation, liquidation, conservation, and
|
| 3 | | dissolution of companies that are subject to the |
| 4 | | jurisdiction of the
Illinois Insurance Code.
|
| 5 | | (16) All employees of the St. Louis Metropolitan Area |
| 6 | | Airport
Authority.
|
| 7 | | (17) All investment officers employed by the Illinois |
| 8 | | State Board of
Investment.
|
| 9 | | (18) Employees of the Illinois Young Adult |
| 10 | | Conservation Corps program,
administered by the Illinois |
| 11 | | Department of Natural Resources, authorized
grantee under |
| 12 | | Title VIII of the Comprehensive
Employment and Training |
| 13 | | Act of 1973, 29 U.S.C. USC 993.
|
| 14 | | (19) Seasonal employees of the Department of |
| 15 | | Agriculture for the
operation of the Illinois State Fair |
| 16 | | and the DuQuoin State Fair, no one
person receiving more |
| 17 | | than 29 days of such employment in any calendar year.
|
| 18 | | (20) All "temporary" employees hired under the |
| 19 | | Department of Natural
Resources' Illinois Conservation |
| 20 | | Service, a youth
employment program that hires young |
| 21 | | people to work in State parks for a period
of one year or |
| 22 | | less.
|
| 23 | | (21) All hearing officers of the Human Rights |
| 24 | | Commission.
|
| 25 | | (22) All employees of the Illinois Mathematics and |
| 26 | | Science Academy.
|
|
| | HB5501 | - 172 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (23) All employees of the Kankakee River Valley Area
|
| 2 | | Airport Authority.
|
| 3 | | (24) The commissioners and employees of the Executive |
| 4 | | Ethics
Commission.
|
| 5 | | (25) The Executive Inspectors General, including |
| 6 | | special Executive
Inspectors General, and employees of |
| 7 | | each Office of an
Executive Inspector General.
|
| 8 | | (26) The commissioners and employees of the |
| 9 | | Legislative Ethics
Commission.
|
| 10 | | (27) The Legislative Inspector General, including |
| 11 | | special Legislative
Inspectors General, and employees of |
| 12 | | the Office of
the Legislative Inspector General.
|
| 13 | | (28) The Auditor General's Inspector General and |
| 14 | | employees of the Office
of the Auditor General's Inspector |
| 15 | | General.
|
| 16 | | (29) All employees of the Illinois Power Agency. |
| 17 | | (30) Employees having demonstrable, defined advanced |
| 18 | | skills in accounting, financial reporting, or technical |
| 19 | | expertise who are employed within executive branch |
| 20 | | agencies and whose duties are directly related to the |
| 21 | | submission to the Office of the Comptroller of financial |
| 22 | | information for the publication of the Comprehensive |
| 23 | | Annual Financial Report. |
| 24 | | (31) All employees of the Illinois Sentencing Policy |
| 25 | | Advisory Council. |
| 26 | | (Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21; |
|
| | HB5501 | - 173 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 102-538, eff. 8-20-21; revised 10-5-21.)
|
| 2 | | (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
|
| 3 | | Sec. 8b.1. For open competitive
examinations to test the |
| 4 | | relative fitness of
applicants for the respective positions. |
| 5 | | Tests shall be designed to eliminate those who are not |
| 6 | | qualified for
entrance into or promotion within the service, |
| 7 | | and to discover the relative
fitness of those who are |
| 8 | | qualified. The Director may use any one of or any
combination |
| 9 | | of the following examination methods which in his judgment |
| 10 | | best
serves this end: investigation of education; |
| 11 | | investigation of experience;
test of cultural knowledge; test |
| 12 | | of capacity; test of knowledge; test of
manual skill; test of |
| 13 | | linguistic ability; test of character; test of
physical |
| 14 | | fitness; test of psychological fitness. No person with a |
| 15 | | record of
misdemeanor convictions except those under Sections |
| 16 | | 11-1.50, 11-6, 11-7, 11-9,
11-14, 11-15, 11-17, 11-18, 11-19, |
| 17 | | 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
|
| 18 | | 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, |
| 19 | | 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section |
| 20 | | 11-14.3, and paragraphs (1), (6), and (8) of subsection (a)
|
| 21 | | sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of |
| 22 | | 1961 or the Criminal Code of 2012, or
arrested for any cause |
| 23 | | but not convicted thereon shall be disqualified from
taking |
| 24 | | such examinations or subsequent appointment, unless the person |
| 25 | | is
attempting to qualify for a position which would give him |
|
| | HB5501 | - 174 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the powers of a
peace officer, in which case the person's |
| 2 | | conviction or arrest record may
be considered as a factor in |
| 3 | | determining the person's fitness for the
position. The |
| 4 | | eligibility conditions specified for the position of
Assistant |
| 5 | | Director of Healthcare and Family Services in the Department |
| 6 | | of Healthcare and Family Services in Section
5-230 of the |
| 7 | | Departments of State Government Law of the Civil |
| 8 | | Administrative Code of Illinois (20 ILCS
5/5-230) shall be |
| 9 | | applied to that position in addition to other
standards, tests |
| 10 | | or criteria established by the Director. All examinations
|
| 11 | | shall be announced publicly at least 2 weeks in advance of the |
| 12 | | date of the
examinations and may be advertised through the |
| 13 | | press, radio and other
media. The Director may, however, in |
| 14 | | his discretion, continue to receive
applications and examine |
| 15 | | candidates long enough to assure a sufficient
number of |
| 16 | | eligibles to meet the needs of the service and may add the |
| 17 | | names
of successful candidates to existing eligible lists in |
| 18 | | accordance with
their respective ratings.
|
| 19 | | The Director may, in his discretion, accept the results of |
| 20 | | competitive
examinations conducted by any merit system |
| 21 | | established by federal law or by
the law of any state State, |
| 22 | | and may compile eligible lists therefrom or may add
the names |
| 23 | | of successful candidates in examinations conducted by those |
| 24 | | merit
systems to existing eligible lists in accordance with |
| 25 | | their respective
ratings. No person who is a non-resident of |
| 26 | | the State of Illinois may be
appointed from those eligible |
|
| | HB5501 | - 176 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | making the same decisions. |
| 2 | | (2) When a caregiver makes decisions, he or she must |
| 3 | | consider applicable laws, rules, and regulations to |
| 4 | | safeguard the health, safety, and best interests of a |
| 5 | | child in out-of-home care. |
| 6 | | (3) Participation in extracurricular activities is |
| 7 | | important to a child's
well-being, not only emotionally, |
| 8 | | but also in developing valuable life skills. |
| 9 | | (4) The General Assembly recognizes the importance of |
| 10 | | making every effort to normalize
the lives of children in |
| 11 | | out-of-home care and to empower a caregiver
to approve or |
| 12 | | not approve a child's participation in appropriate |
| 13 | | extracurricular activities based on
the caregiver's own |
| 14 | | assessment using the reasonable and prudent
parent |
| 15 | | standard, without prior approval of the Department, the
|
| 16 | | caseworker, or the court. |
| 17 | | (5) Nothing in this Section shall be presumed to |
| 18 | | discourage or diminish the engagement of families and |
| 19 | | guardians in the child's life activities. |
| 20 | | (b) Definitions. As used in this Section: |
| 21 | | "Appropriate activities" means activities or items that |
| 22 | | are generally
accepted as suitable for children of the same |
| 23 | | chronological age or
developmental level of maturity. |
| 24 | | Appropriateness is based on the development
of cognitive, |
| 25 | | emotional, physical, and behavioral capacity that is
typical |
| 26 | | for an age or age group, taking into account the individual |
|
| | HB5501 | - 177 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | child's cognitive, emotional, physical, and behavioral |
| 2 | | development. |
| 3 | | "Caregiver" means a person with whom the child is placed |
| 4 | | in
out-of-home care or a designated official for child care |
| 5 | | facilities
licensed by the Department as
defined in the Child |
| 6 | | Care Act of 1969. |
| 7 | | "Reasonable and prudent parent standard" means the |
| 8 | | standard
characterized by careful and sensible parental |
| 9 | | decisions that maintain
the child's health, safety, and best |
| 10 | | interests while at the same time
supporting the child's |
| 11 | | emotional and developmental growth that a
caregiver shall use |
| 12 | | when determining whether to allow a child in out-of-home care |
| 13 | | to participate in extracurricular, enrichment, cultural, and |
| 14 | | social
activities. |
| 15 | | (c) Requirements for decision-making. |
| 16 | | (1) Each child who comes into the care and custody of |
| 17 | | the Department
is fully entitled to participate in |
| 18 | | appropriate extracurricular,
enrichment, cultural, and |
| 19 | | social activities in a manner that allows that child to |
| 20 | | participate in his or her community to the fullest extent |
| 21 | | possible. |
| 22 | | (2) Caregivers must use the reasonable and prudent |
| 23 | | parent standard
in determining whether to give permission |
| 24 | | for a child in out-of-home
care to participate in |
| 25 | | appropriate extracurricular, enrichment, cultural, and |
| 26 | | social activities.
Caregivers are expected to promote and |
|
| | HB5501 | - 178 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | support a child's participation in such activities. When |
| 2 | | using the reasonable and prudent parent standard, the
|
| 3 | | caregiver shall consider: |
| 4 | | (A) the child's age, maturity, and developmental |
| 5 | | level to promote the
overall health, safety, and best |
| 6 | | interests of the child; |
| 7 | | (B) the best interest of the child based on |
| 8 | | information known by the
caregiver; |
| 9 | | (C) the importance and fundamental value of |
| 10 | | encouraging the child's emotional and
developmental |
| 11 | | growth gained through participation in activities in |
| 12 | | his or her community; |
| 13 | | (D) the importance and fundamental value of |
| 14 | | providing the child with the most family-like
living |
| 15 | | experience possible; and |
| 16 | | (E) the behavioral history of the child and the |
| 17 | | child's ability to safely
participate in the proposed |
| 18 | | activity. |
| 19 | | (3) A caregiver is not liable for harm
caused to a |
| 20 | | child in out-of-home care who participates in an activity |
| 21 | | approved by
the caregiver, provided that the caregiver has |
| 22 | | acted as a reasonable
and prudent parent in permitting the |
| 23 | | child to engage in the activity. |
| 24 | | (c-5) No youth in care shall be required to store his or |
| 25 | | her belongings in plastic bags or in similar forms of |
| 26 | | disposable containers, including, but not limited to, trash |
|
| | HB5501 | - 179 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | bags, paper or plastic shopping bags, or pillow cases when |
| 2 | | relocating from one placement type to another placement type |
| 3 | | or when discharged from the custody or guardianship of the |
| 4 | | Department. The Department shall ensure that each youth in |
| 5 | | care has appropriate baggage and other items to store his or |
| 6 | | her belongings when moving through the State's child welfare |
| 7 | | system. As used in this subsection, "purchase of service |
| 8 | | agency" means any entity that contracts with the Department to |
| 9 | | provide services that are consistent with the purposes of this |
| 10 | | Act. |
| 11 | | (d) Rulemaking. The Department shall adopt, by rule,
|
| 12 | | procedures no later than June 1, 2017 that promote and protect |
| 13 | | the ability
of children to participate in appropriate |
| 14 | | extracurricular,
enrichment, cultural, and social activities.
|
| 15 | | (e) The Department shall ensure that every youth in care |
| 16 | | who is entering his or her final year of high school has |
| 17 | | completed a Free Application for Federal Student Aid form, if |
| 18 | | applicable, or an application for State financial aid on or |
| 19 | | after October 1, but no later than November 1, of the youth's |
| 20 | | final year of high school. |
| 21 | | (Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22; |
| 22 | | revised 10-5-21.)
|
| 23 | | Section 120. The Department of Commerce and Economic |
| 24 | | Opportunity Law of the
Civil Administrative Code of Illinois |
| 25 | | is amended by setting forth and renumbering multiple
versions |
|
| | HB5501 | - 180 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of Section 605-1055 and by changing Section 605-1057 as |
| 2 | | follows:
|
| 3 | | (20 ILCS 605/605-1055) |
| 4 | | Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program. |
| 5 | | (a) There is established the Illinois Small Business |
| 6 | | Innovation Research (SBIR) and Small Business Technology |
| 7 | | Transfer (STTR) Matching Funds Program to be administered by |
| 8 | | the Department. In order to foster job creation and economic |
| 9 | | development in the State, the Department may make grants to |
| 10 | | eligible businesses to match funds received by the business as |
| 11 | | an SBIR or STTR Phase I award and to encourage businesses to |
| 12 | | apply for Phase II awards. |
| 13 | | (b) In order to be eligible for a grant under this Section, |
| 14 | | a business must satisfy all of the following conditions: |
| 15 | | (1) The business must be a for-profit, Illinois-based |
| 16 | | business. For the purposes of this Section, an |
| 17 | | Illinois-based business is one that has its principal |
| 18 | | place of business in this State; |
| 19 | | (2) The business must have received an SBIR/STTR Phase |
| 20 | | I award from a participating federal agency in response to |
| 21 | | a specific federal solicitation. To receive the full |
| 22 | | match, the business must also have submitted a final Phase |
| 23 | | I report, demonstrated that the sponsoring agency has |
| 24 | | interest in the Phase II proposal, and submitted a Phase |
| 25 | | II proposal to the agency. |
|
| | HB5501 | - 181 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) The business must satisfy all federal SBIR/STTR |
| 2 | | requirements. |
| 3 | | (4) The business shall not receive concurrent funding |
| 4 | | support from other sources that duplicates the purpose of |
| 5 | | this Section. |
| 6 | | (5) The business must certify that at least 51% of the |
| 7 | | research described in the federal SBIR/STTR Phase II |
| 8 | | proposal will be conducted in this State and that the |
| 9 | | business will remain an Illinois-based business for the |
| 10 | | duration of the SBIR/STTR Phase II project. |
| 11 | | (6) The business must demonstrate its ability to |
| 12 | | conduct research in its SBIR/STTR Phase II proposal. |
| 13 | | (c) The Department may award grants to match the funds |
| 14 | | received by a business through an SBIR/STTR Phase I proposal |
| 15 | | up to a maximum of $50,000. Seventy-five percent of the total |
| 16 | | grant shall be remitted to the business upon receipt of the |
| 17 | | SBIR/STTR Phase I award and application for funds under this |
| 18 | | Section. Twenty-five percent of the total grant shall be |
| 19 | | remitted to the business upon submission by the business of |
| 20 | | the Phase II application to the funding agency and acceptance |
| 21 | | of the Phase I report by the funding agency. A business may |
| 22 | | receive only one grant under this Section per year. A business |
| 23 | | may receive only one grant under this Section with respect to |
| 24 | | each federal proposal submission. Over its lifetime, a |
| 25 | | business may receive a maximum of 5 awards under this Section. |
| 26 | | (d) A business shall apply, under oath, to the Department |
|
| | HB5501 | - 182 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for a grant under this Section on a form prescribed by the |
| 2 | | Department that includes at least all of the following: |
| 3 | | (1) the name of the business, the form of business |
| 4 | | organization under which it is operated, and the names and |
| 5 | | addresses of the principals or management of the business; |
| 6 | | (2) an acknowledgment of receipt of the Phase I report |
| 7 | | and Phase II proposal by the relevant federal agency; and |
| 8 | | (3) any other information necessary for the Department |
| 9 | | to evaluate the application.
|
| 10 | | (Source: P.A. 101-657, eff. 3-23-21.)
|
| 11 | | (20 ILCS 605/605-1057) |
| 12 | | (Section scheduled to be repealed on July 1, 2031) |
| 13 | | Sec. 605-1057. State-designated cultural districts. |
| 14 | | (a) As used in this Section, "State-designated cultural |
| 15 | | district" means a geographical area certified under this |
| 16 | | Section that has a distinct, historic, and cultural identity. |
| 17 | | Municipalities or 501(c)(3) organizations working on behalf of |
| 18 | | a certified geographical area should seek to: |
| 19 | | (1) Promote a distinct historic and cultural |
| 20 | | community. |
| 21 | | (2) Encourage economic development and support |
| 22 | | supports entrepreneurship in the geographic area and |
| 23 | | community. |
| 24 | | (3) Encourage the preservation and development of |
| 25 | | historic and culturally significant structures, |
|
| | HB5501 | - 183 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | traditions, and languages. |
| 2 | | (4) Foster local cultural development and education. |
| 3 | | (5) Provide a focal point for celebrating and |
| 4 | | strengthening the unique cultural identity of the |
| 5 | | community. |
| 6 | | (6) Promote growth and opportunity without generating |
| 7 | | displacement or expanding inequality. |
| 8 | | (b) Administrative authority. The Department of Commerce |
| 9 | | and Economic Opportunity shall establish criteria and |
| 10 | | guidelines for State-designated cultural districts by rule in |
| 11 | | accordance with qualifying criteria outlined in subsection |
| 12 | | (c). In executing its powers and duties under this Section, |
| 13 | | the Department shall: |
| 14 | | (1) establish a competitive application system by |
| 15 | | which a community may apply for certification as a |
| 16 | | State-designated cultural district; |
| 17 | | (2) provide technical assistance for State-designated |
| 18 | | cultural districts by collaborating with all relevant |
| 19 | | offices and grantees of the Department to help them |
| 20 | | identify and achieve their goals for cultural |
| 21 | | preservation, including, but not limited to, promotional |
| 22 | | support of State-designated cultural districts and support |
| 23 | | for small businesses looking to access resources; |
| 24 | | (3) collaborate with other State agencies, units of |
| 25 | | local government, community organizations, and private |
| 26 | | entities to maximize the benefits of State-designated |
|
| | HB5501 | - 185 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (c) Certification. A geographical area within the State |
| 2 | | may be certified as a State-designated cultural district by |
| 3 | | applying to the Department for certification. Certification as |
| 4 | | a State-designated cultural district shall be for a period of |
| 5 | | 10 years, after which the district may renew certification |
| 6 | | every 5 years. A municipality or 501(c)(3) organization may |
| 7 | | apply for certification on behalf of a geographic area. The |
| 8 | | applying entity is responsible for complying with reporting |
| 9 | | requirements under subsection (f). The Department shall |
| 10 | | develop criteria to assess whether an applicant qualifies for |
| 11 | | certification under this Section. That criteria must include a |
| 12 | | demonstration that the applicant and the community: |
| 13 | | (1) have been historically impacted and are currently |
| 14 | | at risk of losing their cultural identity because of |
| 15 | | gentrification, displacement, or the COVID-19 pandemic; |
| 16 | | (2) can demonstrate a history of economic |
| 17 | | disinvestment; and |
| 18 | | (3) can demonstrate strong community support for the |
| 19 | | cultural district designation through active and formal |
| 20 | | participation by community organizations and municipal and |
| 21 | | regional government agencies or officials. |
| 22 | | (d) Each applicant shall be encouraged by the Department |
| 23 | | to: |
| 24 | | (1) have development plans that include and prioritize |
| 25 | | the preservation of local businesses and retention of |
| 26 | | existing residents and businesses; and |
|
| | HB5501 | - 186 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) have an education framework in place informed with |
| 2 | | a vision of food justice, social justice, community |
| 3 | | sustainability, and social equity. |
| 4 | | (e) The Department shall award no more than 5 |
| 5 | | State-designated cultural districts every year. At no point |
| 6 | | shall the total amount of State-designated cultural districts |
| 7 | | be more than 15, unless otherwise directed by the Director of |
| 8 | | the Department of Commerce and Economic Opportunity in |
| 9 | | consultation with the advisory committee. |
| 10 | | (f) Within 12 months after being designated a cultural |
| 11 | | district, the State-designated cultural district shall submit |
| 12 | | a report to the Department detailing its current programs and |
| 13 | | goals for the next 4 years of its designation. For each year |
| 14 | | thereafter that the district remains a State-designated |
| 15 | | cultural district, it shall submit a report to the Department |
| 16 | | on the status of the program and future developments of the |
| 17 | | district. Any State-designated cultural district that fails to |
| 18 | | file a report for 2 consecutive years shall lose its status. |
| 19 | | (g) This Section is repealed on July 1, 2031.
|
| 20 | | (Source: P.A. 102-628, eff. 1-1-22; revised 12-6-21.)
|
| 21 | | (20 ILCS 605/605-1080) |
| 22 | | (Section scheduled to be repealed on January 1, 2024) |
| 23 | | Sec. 605-1080 605-1055. Personal care products industry |
| 24 | | supplier disparity study. |
| 25 | | (a) The Department shall compile and publish a disparity |
|
| | HB5501 | - 187 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | study by December 31, 2022 that: (1) evaluates whether there |
| 2 | | exists intentional discrimination at the
supplier or |
| 3 | | distribution level for retailers of beauty products, |
| 4 | | cosmetics, hair
care supplies, and personal care products in |
| 5 | | the State of Illinois; and (2) if so,
evaluates the impact of |
| 6 | | such discrimination on the State and includes
recommendations |
| 7 | | for reducing or eliminating any barriers to entry to those
|
| 8 | | wishing to establish businesses at the retail level involving |
| 9 | | such products.
The Department shall forward a copy of its |
| 10 | | findings and recommendations to
the General Assembly and |
| 11 | | Governor. |
| 12 | | (b) The Department may compile, collect, or otherwise |
| 13 | | gather data necessary for the administration of this Section |
| 14 | | and to carry out the Department's duty relating to the |
| 15 | | recommendation of policy changes. The Department shall compile |
| 16 | | all of the data into a single report, submit the report to the |
| 17 | | Governor and the General Assembly, and publish the report on |
| 18 | | its website. |
| 19 | | (c) This Section is repealed on January 1, 2024.
|
| 20 | | (Source: P.A. 101-658, eff. 3-23-21; revised 11-2-21.)
|
| 21 | | (20 ILCS 605/605-1085)
|
| 22 | | Sec. 605-1085 605-1055. The Illinois Small Business Fund. |
| 23 | | The Illinois Small Business Fund is created as a |
| 24 | | nonappropriated separate and apart trust fund in the State |
| 25 | | Treasury. The Department shall use moneys in the Fund to |
|
| | HB5501 | - 188 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | manage proceeds that result from investments that the |
| 2 | | Department has undertaken through economic development |
| 3 | | programs, including, but not limited to, the Department's |
| 4 | | Venture Capital Investment Program. The Department may use |
| 5 | | moneys collected to reinvest in small business and economic |
| 6 | | development initiatives through grants or loans. The Fund may |
| 7 | | receive any grants or other moneys designated for small |
| 8 | | business growth from the State, or any unit of federal or local |
| 9 | | government, or any other person, firm, partnership, or |
| 10 | | corporation. Any interest earnings that are attributable to |
| 11 | | moneys in the Fund must be deposited into the Fund.
|
| 12 | | (Source: P.A. 102-330, eff. 1-1-22; revised 11-2-21.)
|
| 13 | | (20 ILCS 605/605-1090)
|
| 14 | | Sec. 605-1090 605-1055. Illinois Innovation Voucher |
| 15 | | Program. |
| 16 | | (a) The Department is authorized to establish the Illinois |
| 17 | | Innovation Voucher Program to be administered in accordance |
| 18 | | with this Section for the purpose of fostering research and |
| 19 | | development in key industry clusters leading to the creation |
| 20 | | of new products and services that can be marketed by Illinois |
| 21 | | businesses. Subject to appropriation, the Department may award |
| 22 | | innovation vouchers to eligible businesses to offset a portion |
| 23 | | of expenses incurred through a collaborative research |
| 24 | | engagement with an Illinois institution of higher education. |
| 25 | | (b) Subject to appropriation, the Department may award |
|
| | HB5501 | - 189 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | matching funds in the form of innovation vouchers up to 75% of |
| 2 | | the cost of the research engagement not to exceed $75,000. A |
| 3 | | business may receive only one innovation voucher under this |
| 4 | | Section per year. |
| 5 | | (c) The Department, when administering the Program under |
| 6 | | this Section: |
| 7 | | (1) must encourage participation among small and |
| 8 | | mid-sized businesses; |
| 9 | | (2) must encourage participation in the Program in |
| 10 | | diverse geographic and economic areas, including urban, |
| 11 | | suburban, and rural areas of the State; and |
| 12 | | (3) must encourage participation in the Program from |
| 13 | | businesses that operate in key industries, as defined by |
| 14 | | the Department. These industries include, but are not |
| 15 | | limited to, the following: (i) agribusiness and agtech; |
| 16 | | (ii) energy; (iii) information technology; (iv) life |
| 17 | | sciences and healthcare; (v) manufacturing; and (vi) |
| 18 | | transportation and logistics. |
| 19 | | (d) In order to be eligible for an innovation voucher |
| 20 | | under this Section, a business must satisfy all of the |
| 21 | | following conditions: |
| 22 | | (1) the business must be an Illinois-based business. |
| 23 | | For the purposes of this Section, "Illinois-based |
| 24 | | business" means a business that has its principal place of |
| 25 | | business in this State or that employs at least 100 |
| 26 | | full-time employees, as defined under Section 5-5 of the |
|
| | HB5501 | - 190 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Economic Development for a Growing Economy Tax Credit Act, |
| 2 | | in this State; |
| 3 | | (2) the business must remain in this State for the |
| 4 | | duration of research engagement; and |
| 5 | | (3) the partnering institution of higher education |
| 6 | | must be an Illinois-based institution of higher education |
| 7 | | and non-profit. For the purposes of this Section, |
| 8 | | "Illinois-based institution of higher education" means an |
| 9 | | institution of higher education that has its main physical |
| 10 | | campus in this State. |
| 11 | | (e) The Department may adopt any rules necessary to
|
| 12 | | administer the provisions of this Section.
|
| 13 | | (Source: P.A. 102-648, eff. 8-27-21; revised 11-2-21.)
|
| 14 | | Section 125. The Illinois Enterprise Zone Act is amended |
| 15 | | by changing Section 5.5 as follows:
|
| 16 | | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
|
| 17 | | Sec. 5.5. High Impact Business.
|
| 18 | | (a) In order to respond to unique opportunities to assist |
| 19 | | in the
encouragement, development, growth, and expansion of |
| 20 | | the private sector through
large scale investment and |
| 21 | | development projects, the Department is authorized
to receive |
| 22 | | and approve applications for the designation of "High Impact
|
| 23 | | Businesses" in Illinois subject to the following conditions:
|
| 24 | | (1) such applications may be submitted at any time |
|
| | HB5501 | - 191 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | during the year;
|
| 2 | | (2) such business is not located, at the time of |
| 3 | | designation, in
an enterprise zone designated pursuant to |
| 4 | | this Act;
|
| 5 | | (3) the business intends to do one or more of the |
| 6 | | following:
|
| 7 | | (A) the business intends to make a minimum |
| 8 | | investment of
$12,000,000 which will be placed in |
| 9 | | service in qualified property and
intends to create |
| 10 | | 500 full-time equivalent jobs at a designated location
|
| 11 | | in Illinois or intends to make a minimum investment of |
| 12 | | $30,000,000 which
will be placed in service in |
| 13 | | qualified property and intends to retain 1,500
|
| 14 | | full-time retained jobs at a designated location in |
| 15 | | Illinois.
The business must certify in writing that |
| 16 | | the investments would not be
placed in service in |
| 17 | | qualified property and the job creation or job
|
| 18 | | retention would not occur without the tax credits and |
| 19 | | exemptions set forth
in subsection (b) of this |
| 20 | | Section. The terms "placed in service" and
"qualified |
| 21 | | property" have the same meanings as described in |
| 22 | | subsection (h)
of Section 201 of the Illinois Income |
| 23 | | Tax Act; or
|
| 24 | | (B) the business intends to establish a new |
| 25 | | electric generating
facility at a designated location |
| 26 | | in Illinois. "New electric generating
facility", for |
|
| | HB5501 | - 192 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | purposes of this Section, means a newly constructed |
| 2 | | newly-constructed
electric
generation plant
or a newly |
| 3 | | constructed newly-constructed generation capacity |
| 4 | | expansion at an existing electric
generation
plant, |
| 5 | | including the transmission lines and associated
|
| 6 | | equipment that transfers electricity from points of |
| 7 | | supply to points of
delivery, and for which such new |
| 8 | | foundation construction commenced not sooner
than July |
| 9 | | 1,
2001. Such facility shall be designed to provide |
| 10 | | baseload electric
generation and shall operate on a |
| 11 | | continuous basis throughout the year;
and (i) shall |
| 12 | | have an aggregate rated generating capacity of at |
| 13 | | least 1,000
megawatts for all new units at one site if |
| 14 | | it uses natural gas as its primary
fuel and foundation |
| 15 | | construction of the facility is commenced on
or before |
| 16 | | December 31, 2004, or shall have an aggregate rated |
| 17 | | generating
capacity of at least 400 megawatts for all |
| 18 | | new units at one site if it uses
coal or gases derived |
| 19 | | from coal
as its primary fuel and
shall support the |
| 20 | | creation of at least 150 new Illinois coal mining |
| 21 | | jobs, or
(ii) shall be funded through a federal |
| 22 | | Department of Energy grant before December 31, 2010 |
| 23 | | and shall support the creation of Illinois
coal-mining
|
| 24 | | jobs, or (iii) shall use coal gasification or |
| 25 | | integrated gasification-combined cycle units
that |
| 26 | | generate
electricity or chemicals, or both, and shall |
|
| | HB5501 | - 193 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | support the creation of Illinois
coal-mining
jobs.
The
|
| 2 | | business must certify in writing that the investments |
| 3 | | necessary to establish
a new electric generating |
| 4 | | facility would not be placed in service and the
job |
| 5 | | creation in the case of a coal-fueled plant
would not |
| 6 | | occur without the tax credits and exemptions set forth |
| 7 | | in
subsection (b-5) of this Section. The term "placed |
| 8 | | in service" has
the same meaning as described in |
| 9 | | subsection
(h) of Section 201 of the Illinois Income |
| 10 | | Tax Act; or
|
| 11 | | (B-5) the business intends to establish a new |
| 12 | | gasification
facility at a designated location in |
| 13 | | Illinois. As used in this Section, "new gasification |
| 14 | | facility" means a newly constructed coal gasification |
| 15 | | facility that generates chemical feedstocks or |
| 16 | | transportation fuels derived from coal (which may |
| 17 | | include, but are not limited to, methane, methanol, |
| 18 | | and nitrogen fertilizer), that supports the creation |
| 19 | | or retention of Illinois coal-mining jobs, and that |
| 20 | | qualifies for financial assistance from the Department |
| 21 | | before December 31, 2010. A new gasification facility |
| 22 | | does not include a pilot project located within |
| 23 | | Jefferson County or within a county adjacent to |
| 24 | | Jefferson County for synthetic natural gas from coal; |
| 25 | | or |
| 26 | | (C) the business intends to establish
production |
|
| | HB5501 | - 194 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | operations at a new coal mine, re-establish production |
| 2 | | operations at
a closed coal mine, or expand production |
| 3 | | at an existing coal mine
at a designated location in |
| 4 | | Illinois not sooner than July 1, 2001;
provided that |
| 5 | | the
production operations result in the creation of |
| 6 | | 150 new Illinois coal mining
jobs as described in |
| 7 | | subdivision (a)(3)(B) of this Section, and further
|
| 8 | | provided that the coal extracted from such mine is |
| 9 | | utilized as the predominant
source for a new electric |
| 10 | | generating facility.
The business must certify in |
| 11 | | writing that the
investments necessary to establish a |
| 12 | | new, expanded, or reopened coal mine would
not
be |
| 13 | | placed in service and the job creation would not
occur |
| 14 | | without the tax credits and exemptions set forth in |
| 15 | | subsection (b-5) of
this Section. The term "placed in |
| 16 | | service" has
the same meaning as described in |
| 17 | | subsection (h) of Section 201 of the
Illinois Income |
| 18 | | Tax Act; or
|
| 19 | | (D) the business intends to construct new |
| 20 | | transmission facilities or
upgrade existing |
| 21 | | transmission facilities at designated locations in |
| 22 | | Illinois,
for which construction commenced not sooner |
| 23 | | than July 1, 2001. For the
purposes of this Section, |
| 24 | | "transmission facilities" means transmission lines
|
| 25 | | with a voltage rating of 115 kilovolts or above, |
| 26 | | including associated
equipment, that transfer |
|
| | HB5501 | - 195 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | electricity from points of supply to points of
|
| 2 | | delivery and that transmit a majority of the |
| 3 | | electricity generated by a new
electric generating |
| 4 | | facility designated as a High Impact Business in |
| 5 | | accordance
with this Section. The business must |
| 6 | | certify in writing that the investments
necessary to |
| 7 | | construct new transmission facilities or upgrade |
| 8 | | existing
transmission facilities would not be placed |
| 9 | | in service
without the tax credits and exemptions set |
| 10 | | forth in subsection (b-5) of this
Section. The term |
| 11 | | "placed in service" has the
same meaning as described |
| 12 | | in subsection (h) of Section 201 of the Illinois
|
| 13 | | Income Tax Act; or
|
| 14 | | (E) the business intends to establish a new wind |
| 15 | | power facility at a designated location in Illinois. |
| 16 | | For purposes of this Section, "new wind power |
| 17 | | facility" means a newly constructed electric |
| 18 | | generation facility, a newly constructed expansion of |
| 19 | | an existing electric generation facility, or the |
| 20 | | replacement of an existing electric generation |
| 21 | | facility, including the demolition and removal of an |
| 22 | | electric generation facility irrespective of whether |
| 23 | | it will be replaced, placed in service or replaced on |
| 24 | | or after July 1, 2009, that generates electricity |
| 25 | | using wind energy devices, and such facility shall be |
| 26 | | deemed to include any permanent structures associated |
|
| | HB5501 | - 196 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with the electric generation facility and all |
| 2 | | associated transmission lines, substations, and other |
| 3 | | equipment related to the generation of electricity |
| 4 | | from wind energy devices. For purposes of this |
| 5 | | Section, "wind energy device" means any device, with a |
| 6 | | nameplate capacity of at least 0.5 megawatts, that is |
| 7 | | used in the process of converting kinetic energy from |
| 8 | | the wind to generate electricity; or |
| 9 | | (E-5) the business intends to establish a new |
| 10 | | utility-scale solar facility at a designated location |
| 11 | | in Illinois. For purposes of this Section, "new |
| 12 | | utility-scale solar power facility" means a newly |
| 13 | | constructed electric generation facility, or a newly |
| 14 | | constructed expansion of an existing electric |
| 15 | | generation facility, placed in service on or after |
| 16 | | July 1, 2021, that (i) generates electricity using |
| 17 | | photovoltaic cells and (ii) has a nameplate capacity |
| 18 | | that is greater than 5,000 kilowatts, and such |
| 19 | | facility shall be deemed to include all associated |
| 20 | | transmission lines, substations, energy storage |
| 21 | | facilities, and other equipment related to the |
| 22 | | generation and storage of electricity from |
| 23 | | photovoltaic cells; or |
| 24 | | (F) the business commits to (i) make a minimum |
| 25 | | investment of $500,000,000, which will be placed in |
| 26 | | service in a qualified property, (ii) create 125 |
|
| | HB5501 | - 197 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | full-time equivalent jobs at a designated location in |
| 2 | | Illinois, (iii) establish a fertilizer plant at a |
| 3 | | designated location in Illinois that complies with the |
| 4 | | set-back standards as described in Table 1: Initial |
| 5 | | Isolation and Protective Action Distances in the 2012 |
| 6 | | Emergency Response Guidebook published by the United |
| 7 | | States Department of Transportation, (iv) pay a |
| 8 | | prevailing wage for employees at that location who are |
| 9 | | engaged in construction activities, and (v) secure an |
| 10 | | appropriate level of general liability insurance to |
| 11 | | protect against catastrophic failure of the fertilizer |
| 12 | | plant or any of its constituent systems; in addition, |
| 13 | | the business must agree to enter into a construction |
| 14 | | project labor agreement including provisions |
| 15 | | establishing wages, benefits, and other compensation |
| 16 | | for employees performing work under the project labor |
| 17 | | agreement at that location; for the purposes of this |
| 18 | | Section, "fertilizer plant" means a newly constructed |
| 19 | | or upgraded plant utilizing gas used in the production |
| 20 | | of anhydrous ammonia and downstream nitrogen |
| 21 | | fertilizer products for resale; for the purposes of |
| 22 | | this Section, "prevailing wage" means the hourly cash |
| 23 | | wages plus fringe benefits for training and
|
| 24 | | apprenticeship programs approved by the U.S. |
| 25 | | Department of Labor, Bureau of
Apprenticeship and |
| 26 | | Training, health and welfare, insurance, vacations and
|
|
| | HB5501 | - 198 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pensions paid generally, in the
locality in which the |
| 2 | | work is being performed, to employees engaged in
work |
| 3 | | of a similar character on public works; this paragraph |
| 4 | | (F) applies only to businesses that submit an |
| 5 | | application to the Department within 60 days after |
| 6 | | July 25, 2013 (the effective date of Public Act |
| 7 | | 98-109); and |
| 8 | | (4) no later than 90 days after an application is |
| 9 | | submitted, the
Department shall notify the applicant of |
| 10 | | the Department's determination of
the qualification of the |
| 11 | | proposed High Impact Business under this Section.
|
| 12 | | (b) Businesses designated as High Impact Businesses |
| 13 | | pursuant to
subdivision (a)(3)(A) of this Section shall |
| 14 | | qualify for the credits and
exemptions described in the
|
| 15 | | following Acts: Section 9-222 and Section 9-222.1A of the |
| 16 | | Public Utilities
Act,
subsection (h)
of Section 201 of the |
| 17 | | Illinois Income Tax Act,
and Section 1d of
the
Retailers' |
| 18 | | Occupation Tax Act; provided that these credits and
exemptions
|
| 19 | | described in these Acts shall not be authorized until the |
| 20 | | minimum
investments set forth in subdivision (a)(3)(A) of this
|
| 21 | | Section have been placed in
service in qualified properties |
| 22 | | and, in the case of the exemptions
described in the Public |
| 23 | | Utilities Act and Section 1d of the Retailers'
Occupation Tax |
| 24 | | Act, the minimum full-time equivalent jobs or full-time |
| 25 | | retained jobs set
forth in subdivision (a)(3)(A) of this |
| 26 | | Section have been
created or retained.
Businesses designated |
|
| | HB5501 | - 199 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | as High Impact Businesses under
this Section shall also
|
| 2 | | qualify for the exemption described in Section 5l of the |
| 3 | | Retailers' Occupation
Tax Act. The credit provided in |
| 4 | | subsection (h) of Section 201 of the Illinois
Income Tax Act |
| 5 | | shall be applicable to investments in qualified property as |
| 6 | | set
forth in subdivision (a)(3)(A) of this Section.
|
| 7 | | (b-5) Businesses designated as High Impact Businesses |
| 8 | | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), |
| 9 | | and (a)(3)(D) of this Section shall qualify
for the credits |
| 10 | | and exemptions described in the following Acts: Section 51 of
|
| 11 | | the Retailers' Occupation Tax Act, Section 9-222 and Section |
| 12 | | 9-222.1A of the
Public Utilities Act, and subsection (h) of |
| 13 | | Section 201 of the Illinois Income
Tax Act; however, the |
| 14 | | credits and exemptions authorized under Section 9-222 and
|
| 15 | | Section 9-222.1A of the Public Utilities Act, and subsection |
| 16 | | (h) of Section 201
of the Illinois Income Tax Act shall not be |
| 17 | | authorized until the new electric
generating facility, the new |
| 18 | | gasification facility, the new transmission facility, or the |
| 19 | | new, expanded, or
reopened coal mine is operational,
except |
| 20 | | that a new electric generating facility whose primary fuel |
| 21 | | source is
natural gas is eligible only for the exemption under |
| 22 | | Section 5l of the
Retailers' Occupation Tax Act.
|
| 23 | | (b-6) Businesses designated as High Impact Businesses |
| 24 | | pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this |
| 25 | | Section shall qualify for the exemptions described in Section |
| 26 | | 5l of the Retailers' Occupation Tax Act; any business so |
|
| | HB5501 | - 200 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | designated as a High Impact Business being, for purposes of |
| 2 | | this Section, a "Wind Energy Business". |
| 3 | | (b-7) Beginning on January 1, 2021, businesses designated |
| 4 | | as High Impact Businesses by the Department shall qualify for |
| 5 | | the High Impact Business construction jobs credit under |
| 6 | | subsection (h-5) of Section 201 of the Illinois Income Tax Act |
| 7 | | if the business meets the criteria set forth in subsection (i) |
| 8 | | of this Section. The total aggregate amount of credits awarded |
| 9 | | under the Blue Collar Jobs Act (Article 20 of Public Act 101-9) |
| 10 | | shall not exceed $20,000,000 in any State fiscal year. |
| 11 | | (c) High Impact Businesses located in federally designated |
| 12 | | foreign trade
zones or sub-zones are also eligible for |
| 13 | | additional credits, exemptions and
deductions as described in |
| 14 | | the following Acts: Section 9-221 and Section
9-222.1 of the |
| 15 | | Public
Utilities Act; and subsection (g) of Section 201, and |
| 16 | | Section 203
of the Illinois Income Tax Act.
|
| 17 | | (d) Except for businesses contemplated under subdivision |
| 18 | | (a)(3)(E) or (a)(3)(E-5) of this Section, existing Illinois |
| 19 | | businesses which apply for designation as a
High Impact |
| 20 | | Business must provide the Department with the prospective plan
|
| 21 | | for which 1,500 full-time retained jobs would be eliminated in |
| 22 | | the event that the
business is not designated.
|
| 23 | | (e) Except for new wind power facilities contemplated |
| 24 | | under subdivision (a)(3)(E) of this Section, new proposed |
| 25 | | facilities which apply for designation as High Impact
Business |
| 26 | | must provide the Department with proof of alternative |
|
| | HB5501 | - 201 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | non-Illinois
sites which would receive the proposed investment |
| 2 | | and job creation in the
event that the business is not |
| 3 | | designated as a High Impact Business.
|
| 4 | | (f) Except for businesses contemplated under subdivision |
| 5 | | (a)(3)(E) of this Section, in the event that a business is |
| 6 | | designated a High Impact Business
and it is later determined |
| 7 | | after reasonable notice and an opportunity for a
hearing as |
| 8 | | provided under the Illinois Administrative Procedure Act, that
|
| 9 | | the business would have placed in service in qualified |
| 10 | | property the
investments and created or retained the requisite |
| 11 | | number of jobs without
the benefits of the High Impact |
| 12 | | Business designation, the Department shall
be required to |
| 13 | | immediately revoke the designation and notify the Director
of |
| 14 | | the Department of Revenue who shall begin proceedings to |
| 15 | | recover all
wrongfully exempted State taxes with interest. The |
| 16 | | business shall also be
ineligible for all State funded |
| 17 | | Department programs for a period of 10 years.
|
| 18 | | (g) The Department shall revoke a High Impact Business |
| 19 | | designation if
the participating business fails to comply with |
| 20 | | the terms and conditions of
the designation.
|
| 21 | | (h) Prior to designating a business, the Department shall |
| 22 | | provide the
members of the General Assembly and Commission on |
| 23 | | Government Forecasting and Accountability
with a report |
| 24 | | setting forth the terms and conditions of the designation and
|
| 25 | | guarantees that have been received by the Department in |
| 26 | | relation to the
proposed business being designated.
|
|
| | HB5501 | - 202 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (i) High Impact Business construction jobs credit. |
| 2 | | Beginning on January 1, 2021, a High Impact Business may |
| 3 | | receive a tax credit against the tax imposed under subsections |
| 4 | | (a) and (b) of Section 201 of the Illinois Income Tax Act in an |
| 5 | | amount equal to 50% of the amount of the incremental income tax |
| 6 | | attributable to High Impact Business construction jobs credit |
| 7 | | employees employed in the course of completing a High Impact |
| 8 | | Business construction jobs project. However, the High Impact |
| 9 | | Business construction jobs credit may equal 75% of the amount |
| 10 | | of the incremental income tax attributable to High Impact |
| 11 | | Business construction jobs credit employees if the High Impact |
| 12 | | Business construction jobs credit project is located in an |
| 13 | | underserved area. |
| 14 | | The Department shall certify to the Department of Revenue: |
| 15 | | (1) the identity of taxpayers that are eligible for the High |
| 16 | | Impact Business construction jobs credit; and (2) the amount |
| 17 | | of High Impact Business construction jobs credits that are |
| 18 | | claimed pursuant to subsection (h-5) of Section 201 of the |
| 19 | | Illinois Income Tax Act in each taxable year. Any business |
| 20 | | entity that receives a High Impact Business construction jobs |
| 21 | | credit shall maintain a certified payroll pursuant to |
| 22 | | subsection (j) of this Section. |
| 23 | | As used in this subsection (i): |
| 24 | | "High Impact Business construction jobs credit" means an |
| 25 | | amount equal to 50% (or 75% if the High Impact Business |
| 26 | | construction project is located in an underserved area) of the |
|
| | HB5501 | - 203 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | incremental income tax attributable to High Impact Business |
| 2 | | construction job employees. The total aggregate amount of |
| 3 | | credits awarded under the Blue Collar Jobs Act (Article 20 of |
| 4 | | Public Act 101-9) shall not exceed $20,000,000 in any State |
| 5 | | fiscal year |
| 6 | | "High Impact Business construction job employee" means a |
| 7 | | laborer or worker who is employed by an Illinois contractor or |
| 8 | | subcontractor in the actual construction work on the site of a |
| 9 | | High Impact Business construction job project. |
| 10 | | "High Impact Business construction jobs project" means |
| 11 | | building a structure or building or making improvements of any |
| 12 | | kind to real property, undertaken and commissioned by a |
| 13 | | business that was designated as a High Impact Business by the |
| 14 | | Department. The term "High Impact Business construction jobs |
| 15 | | project" does not include the routine operation, routine |
| 16 | | repair, or routine maintenance of existing structures, |
| 17 | | buildings, or real property. |
| 18 | | "Incremental income tax" means the total amount withheld |
| 19 | | during the taxable year from the compensation of High Impact |
| 20 | | Business construction job employees. |
| 21 | | "Underserved area" means a geographic area that meets one |
| 22 | | or more of the following conditions: |
| 23 | | (1) the area has a poverty rate of at least 20% |
| 24 | | according to the latest American Community Survey; |
| 25 | | (2) 35% or more of the families with children in the |
| 26 | | area are living below 130% of the poverty line, according |
|
| | HB5501 | - 204 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to the latest American Community Survey; |
| 2 | | (3) at least 20% of the households in the area receive |
| 3 | | assistance under the Supplemental Nutrition Assistance |
| 4 | | Program (SNAP); or |
| 5 | | (4) the area has an average unemployment rate, as |
| 6 | | determined by the Illinois Department of Employment |
| 7 | | Security, that is more than 120% of the national |
| 8 | | unemployment average, as determined by the U.S. Department |
| 9 | | of Labor, for a period of at least 2 consecutive calendar |
| 10 | | years preceding the date of the application. |
| 11 | | (j) Each contractor and subcontractor who is engaged in |
| 12 | | and executing a High Impact Business Construction jobs |
| 13 | | project, as defined under subsection (i) of this Section, for |
| 14 | | a business that is entitled to a credit pursuant to subsection |
| 15 | | (i) of this Section shall: |
| 16 | | (1) make and keep, for a period of 5 years from the |
| 17 | | date of the last payment made on or after June 5, 2019 (the |
| 18 | | effective date of Public Act 101-9) on a contract or |
| 19 | | subcontract for a High Impact Business Construction Jobs |
| 20 | | Project, records for all laborers and other workers |
| 21 | | employed by the contractor or subcontractor on the |
| 22 | | project; the records shall include: |
| 23 | | (A) the worker's name; |
| 24 | | (B) the worker's address; |
| 25 | | (C) the worker's telephone number, if available; |
| 26 | | (D) the worker's social security number; |
|
| | HB5501 | - 206 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | officer, employee, or agent of the contractor or |
| 2 | | subcontractor which avers that: |
| 3 | | (A) he or she has examined the certified payroll |
| 4 | | records required to be submitted by the Act and such |
| 5 | | records are true and accurate; and |
| 6 | | (B) the contractor or subcontractor is aware that |
| 7 | | filing a certified payroll that he or she knows to be |
| 8 | | false is a Class A misdemeanor. |
| 9 | | A general contractor is not prohibited from relying on a |
| 10 | | certified payroll of a lower-tier subcontractor, provided the |
| 11 | | general contractor does not knowingly rely upon a |
| 12 | | subcontractor's false certification. |
| 13 | | Any contractor or subcontractor subject to this |
| 14 | | subsection, and any officer, employee, or agent of such |
| 15 | | contractor or subcontractor whose duty as an officer, |
| 16 | | employee, or agent it is to file a certified payroll under this |
| 17 | | subsection, who willfully fails to file such a certified |
| 18 | | payroll on or before the date such certified payroll is |
| 19 | | required by this paragraph to be filed and any person who |
| 20 | | willfully files a false certified payroll that is false as to |
| 21 | | any material fact is in violation of this Act and guilty of a |
| 22 | | Class A misdemeanor. |
| 23 | | The taxpayer in charge of the project shall keep the |
| 24 | | records submitted in accordance with this subsection on or |
| 25 | | after June 5, 2019 (the effective date of Public Act 101-9) for |
| 26 | | a period of 5 years from the date of the last payment for work |
|
| | HB5501 | - 207 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | on a contract or subcontract for the High Impact Business |
| 2 | | construction jobs project. |
| 3 | | The records submitted in accordance with this subsection |
| 4 | | shall be considered public records, except an employee's |
| 5 | | address, telephone number, and social security number, and |
| 6 | | made available in accordance with the Freedom of Information |
| 7 | | Act. The Department of Labor shall share the information with |
| 8 | | the Department in order to comply with the awarding of a High |
| 9 | | Impact Business construction jobs credit. A contractor, |
| 10 | | subcontractor, or public body may retain records required |
| 11 | | under this Section in paper or electronic format. |
| 12 | | (k) Upon 7 business days' notice, each contractor and |
| 13 | | subcontractor shall make available for inspection and copying |
| 14 | | at a location within this State during reasonable hours, the |
| 15 | | records identified in this subsection (j) to the taxpayer in |
| 16 | | charge of the High Impact Business construction jobs project, |
| 17 | | its officers and agents, the Director of the Department of |
| 18 | | Labor and his or her deputies and agents, and to federal, |
| 19 | | State, or local law enforcement agencies and prosecutors. |
| 20 | | (Source: P.A. 101-9, eff. 6-5-19; 102-108, eff. 1-1-22; |
| 21 | | 102-558, eff. 8-20-21; 102-605, eff. 8-27-21; 102-662, eff. |
| 22 | | 9-15-21; 102-673, eff. 11-30-21; revised 12-8-21.)
|
| 23 | | Section 130. The Illinois Promotion Act is amended by |
| 24 | | changing Section 8a as follows:
|
|
| | HB5501 | - 208 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
|
| 2 | | Sec. 8a. Tourism grants and loans.
|
| 3 | | (1) The Department is authorized to make grants and loans, |
| 4 | | subject to
appropriations by the General Assembly for this |
| 5 | | purpose from the Tourism
Promotion Fund,
to counties, |
| 6 | | municipalities, other units of local government, local |
| 7 | | promotion groups, not-for-profit
organizations, or
for-profit |
| 8 | | businesses for the development or improvement of tourism
|
| 9 | | attractions in Illinois. Individual grants and loans shall not
|
| 10 | | exceed
$1,000,000
and shall not exceed 50% of the entire |
| 11 | | amount of the actual expenditures for
the development or |
| 12 | | improvement of a tourist attraction. Agreements for
loans made |
| 13 | | by the Department pursuant to this subsection may contain
|
| 14 | | provisions regarding term, interest rate, security as may be |
| 15 | | required by
the Department and any other provisions the |
| 16 | | Department may require to
protect the State's interest.
|
| 17 | | (2) From appropriations to the Department from the State |
| 18 | | CURE fund for this purpose, the Department shall establish |
| 19 | | Tourism Attraction grants for purposes outlined in subsection |
| 20 | | (1). Grants under this subsection shall not exceed $1,000,000 |
| 21 | | but may exceed 50% of the entire amount of the actual |
| 22 | | expenditure for the development or improvement of a tourist |
| 23 | | attraction, including, but not limited to, festivals. |
| 24 | | Expenditures of such funds shall be in accordance with the |
| 25 | | permitted purposes under Section 9901 of the American Rescue |
| 26 | | Plan Act of 2021 and all related federal guidance.
|
|
| | HB5501 | - 209 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21; |
| 2 | | revised 9-28-21.)
|
| 3 | | Section 135. The Financial Institutions Code is amended by |
| 4 | | changing Section 6 as follows:
|
| 5 | | (20 ILCS 1205/6) (from Ch. 17, par. 106)
|
| 6 | | Sec. 6. In addition to the duties imposed elsewhere in |
| 7 | | this Act, the
Department has the following powers:
|
| 8 | | (1) To exercise the rights, powers and duties vested by |
| 9 | | law in the
Auditor of Public Accounts under "An Act to provide |
| 10 | | for the incorporation,
management and regulation of pawners' |
| 11 | | societies and limiting the rate of
compensation to be paid for |
| 12 | | advances, storage and insurance on pawns and
pledges and to |
| 13 | | allow the loaning of money upon personal property", approved
|
| 14 | | March 29, 1899, as amended.
|
| 15 | | (2) To exercise the rights, powers and duties vested by |
| 16 | | law in the
Auditor of Public Accounts under the Currency |
| 17 | | Exchange Act "An Act in relation to the definition,
licensing |
| 18 | | and regulation of community currency exchanges and ambulatory
|
| 19 | | currency exchanges, and the operators and employees thereof, |
| 20 | | and to make an
appropriation therefor, and to provide |
| 21 | | penalties and remedies for the
violation thereof", approved |
| 22 | | June 30, 1943, as amended.
|
| 23 | | (3) To exercise the rights, powers, and duties vested by |
| 24 | | law in the
Auditor of Public Accounts under "An Act in relation |
|
| | HB5501 | - 210 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to the buying and
selling of foreign exchange and the |
| 2 | | transmission or transfer of money to
foreign countries", |
| 3 | | approved June 28, 1923, as amended.
|
| 4 | | (4) To exercise the rights, powers, and duties vested by |
| 5 | | law in the
Auditor of Public Accounts under "An Act to provide |
| 6 | | for and regulate the
business of guaranteeing titles to real |
| 7 | | estate by corporations", approved
May 13, 1901, as amended.
|
| 8 | | (5) To exercise the rights, powers and duties vested by |
| 9 | | law in the
Department of Insurance under "An Act to define, |
| 10 | | license, and regulate the
business of making loans of eight |
| 11 | | hundred dollars or less, permitting an
interest charge thereon |
| 12 | | greater than otherwise allowed by law, authorizing
and |
| 13 | | regulating the assignment of wages or salary when taken as |
| 14 | | security for
any such loan or as consideration for a payment of |
| 15 | | eight hundred dollars or
less, providing penalties, and to |
| 16 | | repeal Acts therein named", approved July
11, 1935, as |
| 17 | | amended.
|
| 18 | | (6) To administer and enforce the Safety Deposit License |
| 19 | | Act "An Act to license and regulate the
keeping and letting of |
| 20 | | safety deposit boxes, safes, and vaults, and the
opening |
| 21 | | thereof, and to repeal a certain Act therein named", approved |
| 22 | | June
13, 1945, as amended.
|
| 23 | | (7) Whenever the Department is authorized or required by |
| 24 | | law to consider
some aspect of criminal history record |
| 25 | | information for the purpose of
carrying out its statutory |
| 26 | | powers and responsibilities, then, upon request
and payment of |
|
| | HB5501 | - 211 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fees in conformance with the requirements of Section 2605-400 |
| 2 | | of the Illinois State Police Law, the
Illinois State Police is |
| 3 | | authorized to furnish, pursuant to positive
identification, |
| 4 | | such information contained in State files as is necessary
to |
| 5 | | fulfill the request.
|
| 6 | | (8) To administer the Payday Loan Reform Act, the Consumer |
| 7 | | Installment Loan Act, the Predatory Loan Prevention Act, the |
| 8 | | Motor Vehicle Retail Installment Sales Act, and the Retail |
| 9 | | Installment Sales Act.
|
| 10 | | (Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21; |
| 11 | | revised 10-5-21.)
|
| 12 | | Section 140. The Department of Innovation and Technology |
| 13 | | Act is amended by changing Section 1-5 as follows:
|
| 14 | | (20 ILCS 1370/1-5)
|
| 15 | | Sec. 1-5. Definitions. In this Act: |
| 16 | | "Client agency" means each transferring agency, or its |
| 17 | | successor, and any other public agency to which the Department |
| 18 | | provides service to the extent specified in an interagency |
| 19 | | agreement with the public agency. |
| 20 | | "Dedicated unit" means the dedicated bureau, division, |
| 21 | | office, or other unit within a transferring agency that is |
| 22 | | responsible for the information technology functions of the |
| 23 | | transferring agency. |
| 24 | | "Department" means the Department of Innovation and |
|
| | HB5501 | - 212 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Technology. |
| 2 | | "Information technology" means technology, |
| 3 | | infrastructure, equipment, systems, software, networks, and |
| 4 | | processes used to create, send, receive, and store electronic |
| 5 | | or digital information, including, without limitation, |
| 6 | | computer systems and telecommunication services and systems. |
| 7 | | "Information technology" shall be construed broadly to |
| 8 | | incorporate future technologies (such as sensors and balanced |
| 9 | | private hybrid or public cloud posture tailored to the mission |
| 10 | | of the agency) that change or supplant those in effect as of |
| 11 | | the effective date of this Act. |
| 12 | | "Information technology functions" means the development, |
| 13 | | procurement, installation, retention, maintenance, operation, |
| 14 | | possession, storage, and related functions of all information |
| 15 | | technology. |
| 16 | | "Secretary" means the Secretary of Innovation and |
| 17 | | Technology. |
| 18 | | "State agency" means each State agency, department, board, |
| 19 | | and commission under the jurisdiction of the Governor. |
| 20 | | "Transferring agency" means the Department on Aging; the |
| 21 | | Departments of Agriculture, Central Management Services, |
| 22 | | Children and Family Services, Commerce and Economic |
| 23 | | Opportunity, Corrections, Employment Security, Financial and |
| 24 | | Professional Regulation, Healthcare and Family Services, Human |
| 25 | | Rights, Human Services, Insurance, Juvenile Justice, Labor, |
| 26 | | Lottery, Military Affairs, Natural Resources, Public Health, |
|
| | HB5501 | - 213 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Revenue, Transportation, and Veterans' Affairs; the Illinois |
| 2 | | State Police; the Capital Development Board; the Deaf and Hard |
| 3 | | of Hearing Commission; the Environmental Protection Agency; |
| 4 | | the Governor's Office of Management and Budget; the |
| 5 | | Guardianship and Advocacy Commission; the Abraham Lincoln |
| 6 | | Presidential Library and Museum; the Illinois Arts Council; |
| 7 | | the Illinois Council on Developmental Disabilities; the |
| 8 | | Illinois Emergency Management Agency; the Illinois Gaming |
| 9 | | Board; the Illinois Health Information Exchange Authority; the |
| 10 | | Illinois Liquor Control Commission; the Office of the State |
| 11 | | Fire Marshal; and the Prisoner Review Board.
|
| 12 | | (Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 13 | | revised 9-28-21.)
|
| 14 | | Section 145. The Department of Insurance Law of the
Civil |
| 15 | | Administrative Code of Illinois is amended by setting forth, |
| 16 | | renumbering, and changing multiple
versions of Section 1405-40 |
| 17 | | as follows:
|
| 18 | | (20 ILCS 1405/1405-40) |
| 19 | | Sec. 1405-40. Transfer of functions. |
| 20 | | (a) On July 1, 2021 (the effective date of Public Act |
| 21 | | 102-37) this amendatory Act of the 102nd General Assembly, all |
| 22 | | powers, duties, rights, and responsibilities of the Insurance |
| 23 | | Compliance Division within the Illinois Workers' Compensation |
| 24 | | Commission are transferred to the Department of Insurance. The |
|
| | HB5501 | - 214 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | personnel of the Insurance Compliance Division are transferred |
| 2 | | to the Department of Insurance. The status and rights of such |
| 3 | | personnel under the Personnel Code are not affected by the |
| 4 | | transfer. The rights of the employees and the State of |
| 5 | | Illinois and its agencies under the Personnel Code and |
| 6 | | applicable collective bargaining agreements or under any |
| 7 | | pension, retirement, or annuity plan are not affected by |
| 8 | | Public Act 102-37 this amendatory Act of the 102nd General |
| 9 | | Assembly. All books, records, papers, documents, property |
| 10 | | (real and personal), contracts, causes of action, and pending |
| 11 | | business pertaining to the powers, duties, rights, and |
| 12 | | responsibilities transferred by Public Act 102-37 this |
| 13 | | amendatory Act of the 102nd General Assembly from the |
| 14 | | Insurance Compliance Division to the Department of Insurance, |
| 15 | | including, but not limited to, material in electronic or |
| 16 | | magnetic format and necessary computer hardware and software, |
| 17 | | are transferred to the Department of Insurance. The powers, |
| 18 | | duties, rights, and responsibilities relating to the Insurance |
| 19 | | Compliance Division transferred by Public Act 102-37 this |
| 20 | | amendatory Act of the 102nd General Assembly are vested in the |
| 21 | | Department of Insurance. |
| 22 | | (b) Whenever reports or notices are required to be made or |
| 23 | | given or papers or documents furnished or served by any person |
| 24 | | to or upon the Insurance Compliance Division in connection |
| 25 | | with any of the powers, duties, rights, and responsibilities |
| 26 | | transferred by Public Act 102-37 this amendatory Act of the |
|
| | HB5501 | - 215 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 102nd General Assembly, the Department of Insurance shall |
| 2 | | make, give, furnish, or serve them. |
| 3 | | (c) Public Act 102-37 This amendatory Act of the 102nd |
| 4 | | General Assembly does not affect any act done, ratified, or |
| 5 | | canceled, any right occurring or established, or any action or |
| 6 | | proceeding had or commenced in an administrative, civil, or |
| 7 | | criminal cause by the Insurance Compliance Division before |
| 8 | | July 1, 2021 (the effective date of Public Act 102-37) this |
| 9 | | amendatory Act of the 102nd General Assembly. Such actions or |
| 10 | | proceedings may be prosecuted and continued by the Department |
| 11 | | of Insurance. |
| 12 | | (d) Any rules that relate to its powers, duties, rights, |
| 13 | | and responsibilities of the Insurance Compliance Division and |
| 14 | | are in force on July 1, 2021 (the effective date of Public Act |
| 15 | | 102-37) this amendatory Act of the 102nd General Assembly |
| 16 | | become the rules of the Department of Insurance. Public Act |
| 17 | | 102-37 This amendatory Act of the 102nd General Assembly does |
| 18 | | not affect the legality of any such rules. |
| 19 | | (e) Any proposed rules filed with the Secretary of State |
| 20 | | by the Illinois Workers' Compensation Commission that are |
| 21 | | pending in the rulemaking process on July 1, 2021 (the |
| 22 | | effective date of Public Act 102-37) this amendatory Act of |
| 23 | | the 102nd General Assembly and pertain to the transferred |
| 24 | | powers, duties, rights, and responsibilities are deemed to |
| 25 | | have been filed by the Department of Insurance. As soon as |
| 26 | | practicable, the Department of Insurance shall revise and |
|
| | HB5501 | - 216 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | clarify the rules transferred to it under Public Act 102-37 |
| 2 | | this amendatory Act of the 102nd General Assembly to reflect |
| 3 | | the reorganization of powers, duties, rights, and |
| 4 | | responsibilities affected by Public Act 102-37 this amendatory |
| 5 | | Act of the 102nd General Assembly, using the procedures for |
| 6 | | recodification of rules available under the Illinois |
| 7 | | Administrative Procedure Act, except that existing title, |
| 8 | | part, and section numbering for the affected rules may be |
| 9 | | retained. The Department of Insurance may propose and adopt |
| 10 | | under the Illinois Administrative Procedure Act other rules of |
| 11 | | the Illinois Workers' Compensation Commission pertaining to |
| 12 | | Public Act 102-37 this amendatory Act of the 102nd General |
| 13 | | Assembly that are administered by the Department of Insurance.
|
| 14 | | (Source: P.A. 102-37, eff. 7-1-21; revised 11-3-21.)
|
| 15 | | (20 ILCS 1405/1405-45)
|
| 16 | | Sec. 1405-45 1405-40. Transfer of the Illinois |
| 17 | | Comprehensive Health Insurance Plan. Upon entry of an Order of |
| 18 | | Rehabilitation or Liquidation against the Comprehensive Health |
| 19 | | Insurance Plan in accordance with Article XIII of the Illinois |
| 20 | | Insurance Code, all powers, duties, rights, and |
| 21 | | responsibilities of the Illinois Comprehensive Health |
| 22 | | Insurance Plan and the Illinois Comprehensive Health Insurance |
| 23 | | Board under the Comprehensive Health Insurance Plan Act shall |
| 24 | | be transferred to and vested in the Director of Insurance as |
| 25 | | rehabilitator or liquidator as provided in the provisions of |
|
| | HB5501 | - 217 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Public Act 102-159 this amendatory Act of the 102nd General |
| 2 | | Assembly.
|
| 3 | | (Source: P.A. 102-159, eff. 7-23-21; revised 11-3-21.)
|
| 4 | | Section 150. The Department of Labor Law of the
Civil |
| 5 | | Administrative Code of Illinois is amended by changing Section |
| 6 | | 1505-215 as follows:
|
| 7 | | (20 ILCS 1505/1505-215) |
| 8 | | Sec. 1505-215. Bureau on Apprenticeship Programs and Clean |
| 9 | | Energy Jobs. |
| 10 | | (a) For purposes of this Section, "clean energy sector" |
| 11 | | means solar energy, wind energy, energy efficiency, solar |
| 12 | | thermal, green hydrogen, geothermal, and electric vehicle |
| 13 | | industries and other renewable energy industries, industries |
| 14 | | achieving emission reductions, and related industries that |
| 15 | | manufacture, develop, build, maintain, or provide ancillary |
| 16 | | services to renewable energy resources or energy efficiency |
| 17 | | products or services, including the manufacture and |
| 18 | | installation of healthier building materials that contain |
| 19 | | fewer hazardous chemicals. |
| 20 | | (b) There is created within the Department of Labor a |
| 21 | | Bureau on Apprenticeship Programs and Clean Energy Jobs. This |
| 22 | | Bureau shall work to increase minority participation in active |
| 23 | | apprentice programs in Illinois that are approved by the |
| 24 | | United States Department of Labor and in clean energy jobs in |
|
| | HB5501 | - 218 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois. The Bureau shall identify barriers to minorities |
| 2 | | gaining access to construction careers and careers in the |
| 3 | | clean energy sector and make recommendations to the Governor |
| 4 | | and the General Assembly for policies to remove those |
| 5 | | barriers. The Department may hire staff to perform outreach in |
| 6 | | promoting diversity in active apprenticeship programs approved |
| 7 | | by the United States Department of Labor. |
| 8 | | (c) The Bureau shall annually compile racial and gender |
| 9 | | workforce diversity information from contractors receiving |
| 10 | | State or other public funds and by labor unions with members |
| 11 | | working on projects receiving State or other public funds.
|
| 12 | | (d) The Bureau shall compile racial and gender workforce |
| 13 | | diversity information from certified transcripts of payroll |
| 14 | | reports filed in the preceding year pursuant to the Prevailing |
| 15 | | Wage Act for all clean energy sector construction projects. |
| 16 | | The Bureau shall work with the Department of Commerce and |
| 17 | | Economic Opportunity, the Illinois Power Agency, the Illinois |
| 18 | | Commerce Commission, and other agencies, as necessary, to |
| 19 | | receive and share data and reporting on racial and gender |
| 20 | | workforce diversity, demographic data, and any other data |
| 21 | | necessary to achieve the goals of this Section. |
| 22 | | (e) By April 15, 2022 and every April 15 thereafter, the |
| 23 | | Bureau shall publish and make available on the Department's |
| 24 | | website a report summarizing the racial and gender diversity |
| 25 | | of the workforce on all clean energy sector projects by |
| 26 | | county. The report shall use a consistent structure for |
|
| | HB5501 | - 219 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | information requests and presentation, with an easy-to-use |
| 2 | | table of contents, to enable comparable year-over-year |
| 3 | | solicitation and benchmarking of data. The development of the |
| 4 | | report structure shall be open to a public review and comment |
| 5 | | period. That report shall compare the race, ethnicity, and |
| 6 | | gender of the workers on covered clean energy sector projects |
| 7 | | to the general population of the county in which the project is |
| 8 | | located. The report shall also disaggregate such data to |
| 9 | | compare the race, ethnicity, and gender of workers employed by |
| 10 | | union and nonunion contractors and compare the race, |
| 11 | | ethnicity, and gender of workers who reside in Illinois and |
| 12 | | those who reside outside of Illinois. The report shall also |
| 13 | | include the race, ethnicity, and gender of the workers by |
| 14 | | prevailing wage classification. |
| 15 | | (f) The Bureau shall present its annual report to the |
| 16 | | Energy Workforce Advisory Council in order to inform its |
| 17 | | program evaluations, recommendations, and objectives pursuant |
| 18 | | to Section 5-65 of the Energy Transition Act. The Bureau shall |
| 19 | | also present its annual report to the Illinois Power Agency in |
| 20 | | order to inform its ongoing equity and compliance efforts in |
| 21 | | the clean energy sector. |
| 22 | | The Bureau and all entities subject to the requirements of |
| 23 | | subsection (d) shall hold an annual workshop open to the |
| 24 | | public in 2022 and every year thereafter on the state of racial |
| 25 | | and gender workforce diversity in the clean energy sector in |
| 26 | | order to collaboratively seek solutions to structural |
|
| | HB5501 | - 220 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | impediments to achieving diversity, equity, and inclusion |
| 2 | | goals, including testimony from each participating entity, |
| 3 | | subject matter experts, and advocates. |
| 4 | | (g) The Bureau shall publish each annual report prepared |
| 5 | | and filed pursuant to subsection (d) on the Department of |
| 6 | | Labor's website for at least 5 years. |
| 7 | | (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20; |
| 8 | | 102-558, eff. 8-20-21; 102-662, eff. 9-15-21; revised |
| 9 | | 10-12-21.)
|
| 10 | | Section 155. The Illinois Lottery Law is amended by |
| 11 | | changing Section 21.8 as follows:
|
| 12 | | (20 ILCS 1605/21.8) |
| 13 | | Sec. 21.8. Quality of Life scratch-off game. |
| 14 | | (a) The Department shall offer a special instant |
| 15 | | scratch-off game with the title of "Quality of Life". The game |
| 16 | | shall commence on July 1, 2007 or as soon thereafter, in the |
| 17 | | discretion of the Director, as is reasonably practical, and |
| 18 | | shall be discontinued on December 31, 2025. The operation of |
| 19 | | the game is governed by this Act and by any rules adopted by |
| 20 | | the Department. The Department must consult with the Quality |
| 21 | | of Life Board, which is established under Section 2310-348 of |
| 22 | | the Department of Public Health Powers and Duties Law of the
|
| 23 | | Civil Administrative Code of Illinois, regarding the design |
| 24 | | and promotion of the game. If any provision of this Section is |
|
| | HB5501 | - 221 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | inconsistent with any other provision of this Act, then this |
| 2 | | Section governs. |
| 3 | | (b) The Quality of Life Endowment Fund is created as a |
| 4 | | special fund in the State treasury. The net revenue from the |
| 5 | | Quality of Life special instant scratch-off game must be |
| 6 | | deposited into the Fund for appropriation by the General |
| 7 | | Assembly solely to the Department of Public Health for the |
| 8 | | purpose of HIV/AIDS-prevention education and for making grants |
| 9 | | to public or private entities in Illinois for the purpose of |
| 10 | | funding organizations that serve the highest at-risk |
| 11 | | categories for contracting HIV or developing AIDS. Grants |
| 12 | | shall be targeted to serve at-risk populations in proportion |
| 13 | | to the distribution of recent reported Illinois HIV/AIDS cases |
| 14 | | among risk groups as reported by the Illinois Department of |
| 15 | | Public Health. The recipient organizations must be engaged in |
| 16 | | HIV/AIDS-prevention education and HIV/AIDS healthcare |
| 17 | | treatment. The Department must, before grants are awarded, |
| 18 | | provide copies of all grant applications to the Quality of |
| 19 | | Life Board, receive and review the Board's recommendations and |
| 20 | | comments, and consult with the Board regarding the grants. |
| 21 | | Organizational size will determine an organization's |
| 22 | | competitive slot in the "Request for Proposal" process. |
| 23 | | Organizations with an annual budget of $300,000 or less will |
| 24 | | compete with like size organizations for 50% of the Quality of |
| 25 | | Life annual fund. Organizations with an annual budget of |
| 26 | | $300,001 to $700,000 will compete with like organizations for |
|
| | HB5501 | - 222 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 25% of the Quality of Life annual fund, and organizations with |
| 2 | | an annual budget of $700,001 and upward will compete with like |
| 3 | | organizations for 25% of the Quality of Life annual fund. The |
| 4 | | lottery may designate a percentage of proceeds for marketing |
| 5 | | purposes purpose. The grant funds may not be used for |
| 6 | | institutional, organizational, or community-based overhead |
| 7 | | costs, indirect costs, or levies. |
| 8 | | Grants awarded from the Fund are intended to augment the |
| 9 | | current and future State funding for the prevention and |
| 10 | | treatment of HIV/AIDS and are not intended to replace that |
| 11 | | funding.
|
| 12 | | Moneys received for the purposes of this Section, |
| 13 | | including, without limitation, net revenue from the special |
| 14 | | instant scratch-off game and gifts, grants, and awards from |
| 15 | | any public or private entity, must be deposited into the Fund. |
| 16 | | Any interest earned on moneys in the Fund must be deposited |
| 17 | | into the Fund. |
| 18 | | For purposes of this subsection, "net revenue" means the |
| 19 | | total amount for which tickets have been sold less the sum of |
| 20 | | the amount paid out in prizes and the actual administrative |
| 21 | | expenses of the Department solely related to the Quality of |
| 22 | | Life game. |
| 23 | | (c) During the time that tickets are sold for the Quality |
| 24 | | of Life game, the Department shall not unreasonably diminish |
| 25 | | the efforts devoted to marketing any other instant scratch-off |
| 26 | | lottery game. |
|
| | HB5501 | - 224 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) based on interactive video technology that |
| 2 | | connects groups of community health care providers in |
| 3 | | urban and rural underserved areas with specialists in |
| 4 | | regular real-time collaborative sessions; |
| 5 | | (2) designed around case-based learning and |
| 6 | | mentorship; and |
| 7 | | (3) that helps local health care providers gain the |
| 8 | | expertise required to more effectively provide needed |
| 9 | | services. |
| 10 | | "Health care telementoring" includes, but is not limited |
| 11 | | to, a program provided to improve services in a variety of |
| 12 | | areas, including, but not limited to, adolescent health, |
| 13 | | Hepatitis C, complex diabetes, geriatrics, mental illness, |
| 14 | | opioid use disorders, substance use disorders, maternity care, |
| 15 | | childhood adversity and trauma, pediatric ADHD, and other |
| 16 | | priorities identified by the Department of Healthcare and |
| 17 | | Family Services.
|
| 18 | | (Source: P.A. 102-512, eff. 1-1-22; revised 9-30-21.)
|
| 19 | | Section 165. The Department of Public Health Powers and |
| 20 | | Duties Law of the
Civil Administrative Code of Illinois is |
| 21 | | amended by changing Section 2310-223 and by setting forth and |
| 22 | | renumbering multiple
versions of Section 2310-431 as follows:
|
| 23 | | (20 ILCS 2310/2310-223) |
| 24 | | Sec. 2310-223. Maternal care. |
|
| | HB5501 | - 225 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a) The Department shall establish a classification system |
| 2 | | for the following levels of maternal care: |
| 3 | | (1) basic care: care of uncomplicated pregnancies with |
| 4 | | the ability to detect, stabilize, and initiate management |
| 5 | | of unanticipated maternal-fetal or neonatal problems that |
| 6 | | occur during the antepartum, intrapartum, or postpartum |
| 7 | | period until the patient can be transferred to a facility |
| 8 | | at which specialty maternal care is available; |
| 9 | | (2) specialty care: basic care plus care of |
| 10 | | appropriate high-risk antepartum, intrapartum, or |
| 11 | | postpartum conditions, both directly admitted and |
| 12 | | transferred to another facility; |
| 13 | | (3) subspecialty care: specialty care plus care of |
| 14 | | more complex maternal medical conditions, obstetric |
| 15 | | complications, and fetal conditions; and |
| 16 | | (4) regional perinatal health care: subspecialty care |
| 17 | | plus on-site medical and surgical care of the most complex |
| 18 | | maternal conditions, critically ill pregnant women, and |
| 19 | | fetuses throughout antepartum, intrapartum, and postpartum |
| 20 | | care. |
| 21 | | (b) The Department shall: |
| 22 | | (1) introduce uniform designations for levels of |
| 23 | | maternal care that are complementary complimentary but |
| 24 | | distinct from levels of neonatal care; |
| 25 | | (2) establish clear, uniform criteria for designation |
| 26 | | of maternal centers that are integrated with emergency |
|
| | HB5501 | - 226 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | response systems to help ensure that the appropriate |
| 2 | | personnel, physical space, equipment, and technology are |
| 3 | | available to achieve optimal outcomes, as well as to |
| 4 | | facilitate subsequent data collection regarding |
| 5 | | risk-appropriate care; |
| 6 | | (3) require each health care facility to have a clear |
| 7 | | understanding of its capability to handle increasingly |
| 8 | | complex levels of maternal care, and to have a |
| 9 | | well-defined threshold for transferring women to health |
| 10 | | care facilities that offer a higher level of care; to |
| 11 | | ensure optimal care of all pregnant women, the Department |
| 12 | | shall require all birth centers, hospitals, and |
| 13 | | higher-level facilities to collaborate in order to develop |
| 14 | | and maintain maternal and neonatal transport plans and |
| 15 | | cooperative agreements capable of managing the health care |
| 16 | | needs of women who develop complications; the Department |
| 17 | | shall require that receiving hospitals openly accept |
| 18 | | transfers; |
| 19 | | (4) require higher-level facilities to provide |
| 20 | | training for quality improvement initiatives, educational |
| 21 | | support, and severe morbidity and mortality case review |
| 22 | | for lower-level hospitals; the Department shall ensure |
| 23 | | that, in those regions that do not have a facility that |
| 24 | | qualifies as a regional perinatal health care facility, |
| 25 | | any specialty care facility in the region will provide the |
| 26 | | educational and consultation function; |
|
| | HB5501 | - 228 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 2310-431. Healthy Illinois Survey. |
| 2 | | (a) The General Assembly finds the following: |
| 3 | | (1) The Coronavirus pandemic that struck in 2020 |
| 4 | | caused more illness and death in Black, Latinx, and other |
| 5 | | communities with people of color in Illinois. |
| 6 | | (2) Many rural and other underserved communities in |
| 7 | | Illinois experienced higher rates of COVID-19 illness and |
| 8 | | death than higher-resourced communities. |
| 9 | | (3) The structural racism and underlying health and |
| 10 | | social disparities in communities of color and other |
| 11 | | underserved communities that produced these COVID-19 |
| 12 | | disparities also produce disparities in chronic disease, |
| 13 | | access to care, and social determinants of health, such as |
| 14 | | overcrowded housing and prevalence of working in low-wage |
| 15 | | essential jobs. |
| 16 | | (4) Traditional public health data collected by |
| 17 | | existing methods is insufficient to help State and local |
| 18 | | governments, health care partners, and communities |
| 19 | | understand local health concerns and social factors |
| 20 | | associated with health. Nor does the data provide adequate |
| 21 | | information to help identify policies and interventions |
| 22 | | that address health inequities. |
| 23 | | (5) Comprehensive, relevant, and current public health |
| 24 | | data could be used to: identify health concerns for |
| 25 | | communities across Illinois; understand environmental, |
| 26 | | neighborhood, and social factors associated with health; |
|
| | HB5501 | - 229 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and support the development, implementation, and progress |
| 2 | | of programs for public health interventions and addressing |
| 3 | | health inequities. |
| 4 | | (b) Subject to appropriation, the Department shall |
| 5 | | administer an annual survey, which shall be named the Healthy |
| 6 | | Illinois Survey. The Healthy Illinois Survey shall: |
| 7 | | (1) include interviews of a sample of State residents |
| 8 | | such that statistically reliable data for every county, |
| 9 | | zip code groupings within more highly populated counties |
| 10 | | and cities, suburban Cook County municipalities, and |
| 11 | | Chicago community areas can be developed, as well as |
| 12 | | statistically reliable data on racial, ethnic, gender, |
| 13 | | age, and other demographic groups of State residents |
| 14 | | important to inform health equity goals; |
| 15 | | (2) be collected at the zip code level; and |
| 16 | | (3) include questions on a range of topics designed to |
| 17 | | establish an initial baseline public health data set and |
| 18 | | annual updates, including: |
| 19 | | (A) access to health services; |
| 20 | | (B) civic engagement; |
| 21 | | (C) childhood experiences; |
| 22 | | (D) chronic health conditions; |
| 23 | | (E) COVID-19; |
| 24 | | (F) diet; |
| 25 | | (G) financial security; |
| 26 | | (H) food security; |
|
| | HB5501 | - 230 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (I) mental health; |
| 2 | | (J) community conditions; |
| 3 | | (K) physical activity; |
| 4 | | (L) physical safety; |
| 5 | | (M) substance abuse; and |
| 6 | | (N) violence. |
| 7 | | (c) In developing the Healthy Illinois Survey, the |
| 8 | | Department shall consult with local public health departments |
| 9 | | and stakeholders with expertise in health, mental health, |
| 10 | | nutrition, physical activity, violence prevention, safety, |
| 11 | | tobacco and drug use, and emergency preparedness with the goal |
| 12 | | of developing a comprehensive survey that will assist the |
| 13 | | State and other partners in developing the data to measure |
| 14 | | public health and health equity. |
| 15 | | (d) The Department shall provide the results of the |
| 16 | | Healthy Illinois Survey in forms useful to cities, |
| 17 | | communities, local health departments, hospitals, and other |
| 18 | | potential users, including annually publishing on its website |
| 19 | | data at the most granular geographic and demographic levels |
| 20 | | possible while protecting identifying information. The |
| 21 | | Department shall produce periodic special reports and analyses |
| 22 | | relevant to ongoing and emerging health and social issues in |
| 23 | | communities and the State. The Department shall use this data |
| 24 | | to inform the development and monitoring of its State Health |
| 25 | | Assessment. The Department shall provide the full relevant |
| 26 | | jurisdictional data set to local health departments for their |
|
| | HB5501 | - 231 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | local use and analysis each year. |
| 2 | | (e) The identity, or any group of facts that tends to lead |
| 3 | | to the identity, of any person whose condition or
treatment is |
| 4 | | submitted to the Healthy Illinois Survey is confidential and |
| 5 | | shall not be open to public inspection
or dissemination and is |
| 6 | | exempt from disclosure under Section 7 of the Freedom of |
| 7 | | Information Act.
Information for specific research purposes |
| 8 | | may be released in accordance with procedures established by
|
| 9 | | the Department.
|
| 10 | | (Source: P.A. 102-483, eff. 1-1-22.)
|
| 11 | | (20 ILCS 2310/2310-432)
|
| 12 | | Sec. 2310-432 2310-431. Medical examiner offices; medical |
| 13 | | facilities. The Department shall ensure that medical examiner |
| 14 | | offices are included as part of medical facilities for the |
| 15 | | purposes of complying with and implementing Sections 212(e) |
| 16 | | and 214(l) of the federal Immigration and Nationality Act (8 |
| 17 | | U.S.C. 1182(e) and 8 U.S.C. 1184(l)) and 22 CFR 62 regarding |
| 18 | | the federal Exchange Visitor Program.
|
| 19 | | (Source: P.A. 102-488, eff. 1-1-22; revised 11-3-21.)
|
| 20 | | Section 170. The Illinois State Police Law of the
Civil |
| 21 | | Administrative Code of Illinois is amended by changing |
| 22 | | Sections 2605-35, 2605-40, 2605-50, 2605-410, and 2605-605 and |
| 23 | | by setting forth, renumbering, and changing multiple
versions |
| 24 | | of Section 2601-51 as follows:
|
|
| | HB5501 | - 232 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
|
| 2 | | Sec. 2605-35. Division of Criminal
Investigation. |
| 3 | | (a) The Division of Criminal
Investigation shall exercise
|
| 4 | | the following functions and those in Section 2605-30:
|
| 5 | | (1) Exercise the rights, powers, and duties vested by
|
| 6 | | law in the Illinois State Police by the Illinois Horse |
| 7 | | Racing Act of 1975, including those set forth in Section |
| 8 | | 2605-215.
|
| 9 | | (2) Investigate the origins, activities, personnel, |
| 10 | | and
incidents of crime and enforce the criminal laws of |
| 11 | | this State related thereto.
|
| 12 | | (3) Enforce all laws regulating the production, sale,
|
| 13 | | prescribing, manufacturing, administering, transporting, |
| 14 | | having in possession,
dispensing, delivering, |
| 15 | | distributing, or use of controlled substances
and |
| 16 | | cannabis.
|
| 17 | | (4) Cooperate with the police of cities, villages, and
|
| 18 | | incorporated towns and with the police officers of any |
| 19 | | county in
enforcing the laws of the State and in making |
| 20 | | arrests and recovering
property.
|
| 21 | | (5) Apprehend and deliver up any person charged in |
| 22 | | this State or any other
state with treason or a felony or |
| 23 | | other crime who has fled from justice and is
found in this |
| 24 | | State.
|
| 25 | | (6) Investigate recipients and providers under the |
|
| | HB5501 | - 233 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois Public Aid
Code and any personnel involved in the |
| 2 | | administration of the Code who are
suspected of any |
| 3 | | violation of the Code pertaining to fraud in the
|
| 4 | | administration, receipt, or provision of assistance and |
| 5 | | pertaining to any
violation of criminal law; and exercise |
| 6 | | the functions required under Section
2605-220 in the |
| 7 | | conduct of those investigations.
|
| 8 | | (7) Conduct other investigations as provided by law.
|
| 9 | | (8) Investigate public corruption..
|
| 10 | | (9) Exercise other duties that may be assigned by the |
| 11 | | Director in order to
fulfill the responsibilities and |
| 12 | | achieve the purposes of the Illinois State Police, which |
| 13 | | may include the coordination of gang, terrorist, and |
| 14 | | organized crime prevention, control activities, and |
| 15 | | assisting local law enforcement in their crime control |
| 16 | | activities.
|
| 17 | | (b) (Blank).
|
| 18 | | (Source: P.A. 102-538, eff. 8-20-21; revised 12-2-21.)
|
| 19 | | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
|
| 20 | | Sec. 2605-40. Division of Forensic Services. The Division |
| 21 | | of
Forensic Services shall exercise the following functions:
|
| 22 | | (1) Provide crime scene services and traffic crash |
| 23 | | reconstruction..
|
| 24 | | (2) Exercise the rights, powers, and duties vested by
|
| 25 | | law in the Illinois State Police by Section 2605-300 of |
|
| | HB5501 | - 234 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this Law.
|
| 2 | | (3) Provide assistance to local law enforcement |
| 3 | | agencies
through training, management, and consultant |
| 4 | | services.
|
| 5 | | (4) (Blank).
|
| 6 | | (5) Exercise other duties that may be assigned by the |
| 7 | | Director in
order to fulfill the responsibilities and |
| 8 | | achieve the purposes of the Illinois State Police.
|
| 9 | | (6) Establish and operate a forensic science |
| 10 | | laboratory system,
including a forensic toxicological |
| 11 | | laboratory service, for the purpose of
testing specimens |
| 12 | | submitted by coroners and other law enforcement officers
|
| 13 | | in their efforts to determine whether alcohol, drugs, or |
| 14 | | poisonous or other
toxic substances have been involved in |
| 15 | | deaths, accidents, or illness.
Forensic toxicological |
| 16 | | laboratories shall be established in Springfield,
Chicago, |
| 17 | | and elsewhere in the State as needed.
|
| 18 | | (6.5) Establish administrative rules in order to set |
| 19 | | forth standardized requirements for the disclosure of |
| 20 | | toxicology results and other relevant documents related to |
| 21 | | a toxicological analysis. These administrative rules are |
| 22 | | to be adopted to produce uniform and sufficient |
| 23 | | information to allow a proper, well-informed determination |
| 24 | | of the admissibility of toxicology evidence and to ensure |
| 25 | | that this evidence is presented competently. These |
| 26 | | administrative rules are designed to provide a minimum |
|
| | HB5501 | - 235 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | standard for compliance of toxicology evidence and are not |
| 2 | | intended to limit the production and discovery of material |
| 3 | | information. |
| 4 | | (7) Subject to specific appropriations made for these |
| 5 | | purposes, establish
and coordinate a system for providing |
| 6 | | accurate and expedited
forensic science and other |
| 7 | | investigative and laboratory services to local law
|
| 8 | | enforcement agencies and local State's Attorneys in aid of |
| 9 | | the investigation
and trial of capital cases.
|
| 10 | | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21; |
| 11 | | revised 12-2-21.)
|
| 12 | | (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
|
| 13 | | Sec. 2605-50. Division of Internal Investigation. The |
| 14 | | Division
of Internal Investigation shall have jurisdiction and |
| 15 | | initiate internal Illinois State Police
investigations and, at |
| 16 | | the direction of the Governor,
investigate
complaints and |
| 17 | | initiate investigations of official misconduct by State |
| 18 | | officers
and all State employees. Notwithstanding any other |
| 19 | | provisions of law, the Division shall serve as the |
| 20 | | investigative body for the Illinois State Police for purposes |
| 21 | | of compliance with the provisions of Sections 12.6 and 12.7 of |
| 22 | | the Illinois State Police this Act.
|
| 23 | | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 24 | | revised 10-4-21.)
|
|
| | HB5501 | - 237 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) Training; cultural diversity. The Division of the |
| 2 | | Academy and Training shall provide training and continuing |
| 3 | | education to State police officers concerning cultural |
| 4 | | diversity, including sensitivity toward racial and ethnic |
| 5 | | differences. This training and continuing education shall |
| 6 | | include, but not be limited to, an emphasis on the fact |
| 7 | | that the primary purpose of enforcement of the Illinois |
| 8 | | Vehicle Code is safety and equal and uniform enforcement |
| 9 | | under the law. |
| 10 | | (2) Training; death and homicide investigations. The |
| 11 | | Division of the Academy and Training shall provide |
| 12 | | training in death and homicide investigation for State |
| 13 | | police officers. Only State police officers who |
| 14 | | successfully complete the training may be assigned as lead |
| 15 | | investigators in death and homicide investigations. |
| 16 | | Satisfactory completion of the training shall be evidenced |
| 17 | | by a certificate issued to the officer by the Division of |
| 18 | | the Academy and Training. The Director shall develop a |
| 19 | | process for waiver applications for officers whose prior |
| 20 | | training and experience as homicide investigators may |
| 21 | | qualify them for a waiver. The Director may issue a |
| 22 | | waiver, at his or her discretion, based solely on the |
| 23 | | prior training and experience of an officer as a homicide |
| 24 | | investigator. |
| 25 | | (3) Training; police dog training standards. All |
| 26 | | police dogs used by the Illinois State Police for drug |
|
| | HB5501 | - 238 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | enforcement purposes pursuant to the Cannabis Control Act, |
| 2 | | the Illinois Controlled Substances Act, and the |
| 3 | | Methamphetamine Control and Community Protection Act shall |
| 4 | | be trained by programs that meet the certification |
| 5 | | requirements set by the Director or the Director's |
| 6 | | designee. Satisfactory completion of the training shall be |
| 7 | | evidenced by a certificate issued by the Division of the |
| 8 | | Academy and Training. |
| 9 | | (4) Training; post-traumatic stress disorder. The |
| 10 | | Division of the Academy and Training shall conduct or |
| 11 | | approve a training program in post-traumatic stress |
| 12 | | disorder for State police officers. The purpose of that |
| 13 | | training shall be to equip State police officers to |
| 14 | | identify the symptoms of post-traumatic stress disorder |
| 15 | | and to respond appropriately to individuals exhibiting |
| 16 | | those symptoms. |
| 17 | | (5) Training; opioid antagonists. The Division of the |
| 18 | | Academy and Training shall conduct or approve a training |
| 19 | | program for State police officers in the administration of |
| 20 | | opioid antagonists as defined in paragraph (1) of |
| 21 | | subsection (e) of Section 5-23 of the Substance Use |
| 22 | | Disorder Act that is in accordance with that Section. As |
| 23 | | used in this Section, "State police officers" includes |
| 24 | | full-time or part-time State police officers, |
| 25 | | investigators, and any other employee of the Illinois |
| 26 | | State Police exercising the powers of a peace officer. |
|
| | HB5501 | - 240 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | sexual assault and sexual abuse and have experience |
| 2 | | responding to sexual assault and sexual abuse cases. |
| 3 | | (D) The Illinois State Police shall adopt rules, |
| 4 | | in consultation with the Office of the Attorney |
| 5 | | General and the Illinois Law Enforcement Training |
| 6 | | Standards Board, to determine the specific training |
| 7 | | requirements for these courses, including, but not |
| 8 | | limited to, the following: |
| 9 | | (i) evidence-based curriculum standards for |
| 10 | | report writing and immediate response to sexual |
| 11 | | assault and sexual abuse, including |
| 12 | | trauma-informed, victim-centered interview |
| 13 | | techniques, which have been demonstrated to |
| 14 | | minimize retraumatization, for all State police |
| 15 | | officers; and |
| 16 | | (ii) evidence-based curriculum standards for |
| 17 | | trauma-informed, victim-centered investigation |
| 18 | | and interviewing techniques, which have been |
| 19 | | demonstrated to minimize retraumatization, for |
| 20 | | cases of sexual assault and sexual abuse for all |
| 21 | | State police officers who conduct sexual assault |
| 22 | | and sexual abuse investigations. |
| 23 | | (7) Training; human trafficking. The Division of the |
| 24 | | Academy and Training shall conduct or approve a training |
| 25 | | program in the detection and investigation of all forms of |
| 26 | | human trafficking, including, but not limited to, |
|
| | HB5501 | - 241 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | involuntary servitude under subsection (b) of Section 10-9 |
| 2 | | of the Criminal Code of 2012, involuntary sexual servitude |
| 3 | | of a minor under subsection (c) of Section 10-9 of the |
| 4 | | Criminal Code of 2012, and trafficking in persons under |
| 5 | | subsection (d) of Section 10-9 of the Criminal Code of |
| 6 | | 2012. This program shall be made available to all cadets |
| 7 | | and State police officers. |
| 8 | | (8) Training; hate crimes. The Division of the Academy |
| 9 | | and Training shall provide training for State police |
| 10 | | officers in identifying, responding to, and reporting all |
| 11 | | hate crimes.
|
| 12 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
| 13 | | (20 ILCS 2605/2605-51.1) |
| 14 | | (This Section may contain text from a Public Act with a |
| 15 | | delayed effective date) |
| 16 | | (Section scheduled to be repealed on June 1, 2026) |
| 17 | | Sec. 2605-51.1 2605-51. Commission on Implementing the |
| 18 | | Firearms Restraining Order Act. |
| 19 | | (a) There is created the Commission on Implementing the |
| 20 | | Firearms Restraining Order Act composed of at least 12 members |
| 21 | | to advise on the strategies of education and implementation of |
| 22 | | the Firearms Restraining Order Act. The Commission shall be |
| 23 | | appointed by the Director of the Illinois State Police or his |
| 24 | | or her designee and shall include a liaison or representative |
| 25 | | nominated from the following: |
|
| | HB5501 | - 243 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (11) an expert from law enforcement who has experience |
| 2 | | managing or directing a program in another state where the |
| 3 | | implementation of that state's extreme risk protection |
| 4 | | order law has achieved high rates of petition filings |
| 5 | | nominated by the Director of the Illinois State Police. |
| 6 | | (b)
The Commission shall be chaired by the Director of the |
| 7 | | Illinois State Police or his or her designee. The Commission |
| 8 | | shall meet, either virtually or in person, to discuss the |
| 9 | | implementation of the Firearms Restraining Order Act as |
| 10 | | determined by the Commission while the strategies are being |
| 11 | | established. |
| 12 | | (c) The members of the Commission shall serve without |
| 13 | | compensation and shall serve 3-year terms. |
| 14 | | (d) An annual report shall be submitted to the General |
| 15 | | Assembly by the Commission that may include summary |
| 16 | | information about firearms restraining order use by county, |
| 17 | | challenges to Firearms Restraining Order Act implementation, |
| 18 | | and recommendations for increasing and improving |
| 19 | | implementation. |
| 20 | | (e)
The Commission shall develop a model policy with an |
| 21 | | overall framework for the timely relinquishment of firearms |
| 22 | | whenever a firearms restraining order is issued. The model |
| 23 | | policy shall be finalized within the first 4 months of |
| 24 | | convening. In formulating the model policy, the Commission |
| 25 | | shall consult counties in Illinois and other states with |
| 26 | | extreme risk protection order laws which have achieved a high |
|
| | HB5501 | - 244 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rate of petition filings. Once approved, the Illinois State |
| 2 | | Police shall work with their local law enforcement agencies |
| 3 | | within their county to design a comprehensive strategy for the |
| 4 | | timely relinquishment of firearms, using the model policy as |
| 5 | | an overall framework. Each individual agency may make small |
| 6 | | modifications as needed to the model policy and must approve |
| 7 | | and adopt a policy that aligns with the model policy. The |
| 8 | | Illinois State Police shall convene local police chiefs and |
| 9 | | sheriffs within their county as needed to discuss the |
| 10 | | relinquishment of firearms. |
| 11 | | (f) The Commission shall be dissolved June 1, 2025 (3 |
| 12 | | years after the effective date of Public Act 102-345) this |
| 13 | | amendatory Act of the 102nd General Assembly. |
| 14 | | (g) This Section is repealed June 1, 2026 (4 years after |
| 15 | | the effective date of Public Act 102-345) this amendatory Act |
| 16 | | of the 102nd General Assembly.
|
| 17 | | (Source: P.A. 102-345, eff. 6-1-22; revised 11-3-21.)
|
| 18 | | (20 ILCS 2605/2605-410) |
| 19 | | (Section scheduled to be repealed on January 1, 2023) |
| 20 | | Sec. 2605-410. Over Dimensional Load Police Escort Fund. |
| 21 | | To charge, collect, and receive fees or moneys as described in |
| 22 | | Section 15-312 of the Illinois Vehicle Code. All fees received |
| 23 | | by the Illinois State Police under Section 15-312 of the |
| 24 | | Illinois Vehicle Code shall be deposited into the Over |
| 25 | | Dimensional Load Police Escort Fund, a special fund that is |
|
| | HB5501 | - 245 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | created in the State treasury. Subject to appropriation, the |
| 2 | | money in the Over Dimensional Load Police Escort Fund shall be |
| 3 | | used by the Illinois State Police for its expenses in |
| 4 | | providing police escorts and commercial vehicle enforcement |
| 5 | | activities. This Fund is dissolved upon the transfer of the |
| 6 | | remaining balance from the Over Dimensional Load Police Escort |
| 7 | | Fund to the State Police Operations Assistance Fund as |
| 8 | | provided under subsection (a-5) of Section 6z-82 of the State |
| 9 | | Finance Act. This Section is repealed on January 1, 2023.
|
| 10 | | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; |
| 11 | | revised 10-4-21.)
|
| 12 | | (20 ILCS 2605/2605-605) |
| 13 | | Sec. 2605-605. Violent Crime Intelligence Task Force. The |
| 14 | | Director of the Illinois State Police shall establish a |
| 15 | | statewide multi-jurisdictional Violent Crime Intelligence Task |
| 16 | | Force led by the Illinois State Police dedicated to combating |
| 17 | | gun violence, gun-trafficking, and other violent crime with |
| 18 | | the primary mission of preservation of life and reducing the |
| 19 | | occurrence and the fear of crime. The objectives of the Task |
| 20 | | Force shall include, but not be limited to, reducing and |
| 21 | | preventing illegal possession and use of firearms, |
| 22 | | firearm-related homicides, and other violent crimes, and |
| 23 | | solving firearm-related crimes. |
| 24 | | (1) The Task Force may develop and acquire information, |
| 25 | | training, tools, and resources necessary to implement a |
|
| | HB5501 | - 246 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | data-driven approach to policing, with an emphasis on |
| 2 | | intelligence development. |
| 3 | | (2) The Task Force may utilize information sharing, |
| 4 | | partnerships, crime analysis, and evidence-based practices to |
| 5 | | assist in the reduction of firearm-related shootings, |
| 6 | | homicides, and gun-trafficking, including, but not limited to, |
| 7 | | ballistic data, eTrace data, DNA evidence, latent |
| 8 | | fingerprints, firearm training data, and National Integrated |
| 9 | | Ballistic Information Network (NIBIN) data. The Task Force may |
| 10 | | design a model crime gun intelligence strategy which may |
| 11 | | include, but is not limited to, comprehensive collection and |
| 12 | | documentation of all ballistic evidence, timely transfer of |
| 13 | | NIBIN and eTrace leads to an intelligence center, which may |
| 14 | | include the Division of Criminal Investigation of the Illinois |
| 15 | | State Police, timely dissemination of intelligence to |
| 16 | | investigators, investigative follow-up, and coordinated |
| 17 | | prosecution. |
| 18 | | (3) The Task Force may recognize and utilize best |
| 19 | | practices of community policing and may develop potential |
| 20 | | partnerships with faith-based and community organizations to |
| 21 | | achieve its goals. |
| 22 | | (4) The Task Force may identify and utilize best practices |
| 23 | | in drug-diversion programs and other community-based services |
| 24 | | to redirect low-level offenders. |
| 25 | | (5) The Task Force may assist in violence suppression |
| 26 | | strategies including, but not limited to, details in |
|
| | HB5501 | - 247 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | identified locations that have shown to be the most prone to |
| 2 | | gun violence and violent crime, focused deterrence against |
| 3 | | violent gangs and groups considered responsible for the |
| 4 | | violence in communities, and other intelligence driven methods |
| 5 | | deemed necessary to interrupt cycles of violence or prevent |
| 6 | | retaliation. |
| 7 | | (6) In consultation with the Chief Procurement Officer, |
| 8 | | the Illinois State Police may obtain contracts for software, |
| 9 | | commodities, resources, and equipment to assist the Task Force |
| 10 | | with achieving this Act. Any contracts necessary to support |
| 11 | | the delivery of necessary software, commodities, resources, |
| 12 | | and equipment are not subject to the Illinois Procurement |
| 13 | | Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and |
| 14 | | Article 50 of that Code, provided that the Chief Procurement |
| 15 | | Officer may, in writing with justification, waive any |
| 16 | | certification required under Article 50 of the Illinois |
| 17 | | Procurement Code. |
| 18 | | (7) The Task Force shall conduct enforcement operations
|
| 19 | | against persons whose Firearm Owner's Identification Cards
|
| 20 | | have been revoked or suspended and persons who fail to comply
|
| 21 | | with the requirements of Section 9.5 of the Firearm Owners
|
| 22 | | Identification Card Act, prioritizing individuals presenting a
|
| 23 | | clear and present danger to themselves or to others under
|
| 24 | | paragraph (2) of subsection (d) of Section 8.1 of the Firearm
|
| 25 | | Owners Identification Card Act. |
| 26 | | (8) The Task Force shall collaborate with local law
|
|
| | HB5501 | - 248 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | enforcement agencies to enforce provisions of the Firearm
|
| 2 | | Owners Identification Card Act, the Firearm Concealed Carry
|
| 3 | | Act, the Firearm Dealer License Certification Act, and Article
|
| 4 | | 24 of the Criminal Code of 2012. |
| 5 | | (9) To implement this Section, the Director of the
|
| 6 | | Illinois State Police may establish intergovernmental
|
| 7 | | agreements with law enforcement agencies in accordance with |
| 8 | | the
Intergovernmental Cooperation Act. |
| 9 | | (10) Law enforcement agencies that participate in
|
| 10 | | activities described in paragraphs (7) through (9) may apply
|
| 11 | | to the Illinois State Police for grants from the State Police
|
| 12 | | Revocation Enforcement Fund.
|
| 13 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 14 | | revised 10-4-21.)
|
| 15 | | Section 175. The Illinois State Police Act is amended by |
| 16 | | changing Sections 3, 8, 9, 12.6, 12.7, 14, and 46 as follows:
|
| 17 | | (20 ILCS 2610/3) (from Ch. 121, par. 307.3)
|
| 18 | | Sec. 3.
The Governor shall appoint, by and with the advice |
| 19 | | and consent of
the Senate, an Illinois State Police Merit |
| 20 | | Board, hereinafter called
the Board, consisting of 7 members |
| 21 | | to hold office. The Governor shall appoint new board members |
| 22 | | within 30 days for the vacancies created under Public Act |
| 23 | | 101-652 this amendatory Act. Board members shall be appointed |
| 24 | | to four-year terms. No member shall be appointed to more than 2 |
|
| | HB5501 | - 249 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | terms. In making the appointments, the Governor shall make a |
| 2 | | good faith effort to appoint members reflecting the |
| 3 | | geographic, ethnic ethic, and cultural diversity of this |
| 4 | | State. In making the appointments, the Governor should also |
| 5 | | consider appointing: persons with professional backgrounds, |
| 6 | | possessing legal, management, personnel, or labor experience; |
| 7 | | at least one member with at least 10 years of experience as a |
| 8 | | licensed physician or clinical psychologist with expertise in |
| 9 | | mental health; and at least one member affiliated
with an |
| 10 | | organization committed commitment to social and economic |
| 11 | | rights and to eliminating discrimination.. No more than 4 |
| 12 | | members of the Board shall be affiliated with the
same |
| 13 | | political party. If the Senate is not in session at the time |
| 14 | | initial
appointments are made pursuant to this Section |
| 15 | | section, the Governor shall make
temporary appointments as in |
| 16 | | the case of a vacancy. In order to avoid actual conflicts of |
| 17 | | interest, or the appearance of conflicts of interest, no board |
| 18 | | member shall be a retired or former employee of the Illinois |
| 19 | | State Police. When a Board member may have an actual, |
| 20 | | perceived, or potential conflict of interest that could |
| 21 | | prevent the Board member from making a fair and impartial |
| 22 | | decision on a complaint or formal complaint against an |
| 23 | | Illinois State Police officer, the Board member shall recuse |
| 24 | | himself or herself; or, if If the Board member fails to recuse |
| 25 | | himself or herself, then the Board may, by a simple majority, |
| 26 | | vote to recuse the Board member.
|
|
| | HB5501 | - 250 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 2 | | revised 11-22-21.)
|
| 3 | | (20 ILCS 2610/8) (from Ch. 121, par. 307.8)
|
| 4 | | Sec. 8. Board jurisdiction. |
| 5 | | (a) The Board shall exercise jurisdiction over the |
| 6 | | certification for
appointment and promotion, and over the |
| 7 | | discipline, removal, demotion, and
suspension of Illinois |
| 8 | | State Police officers.
The Board and the Illinois State Police |
| 9 | | should also ensure Illinois State Police cadets and officers |
| 10 | | represent the utmost integrity and professionalism and |
| 11 | | represent the geographic, ethnic, and cultural diversity of |
| 12 | | this State. The Board shall also exercise jurisdiction to |
| 13 | | certify and terminate Illinois State Police officers Officers |
| 14 | | in compliance with certification standards consistent with |
| 15 | | Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
|
| 16 | | merit principles of public employment, the Board shall |
| 17 | | formulate, adopt,
and put into effect rules, regulations, and |
| 18 | | procedures for its operation
and the transaction of its |
| 19 | | business. The Board shall establish a classification
of ranks |
| 20 | | of persons subject to its jurisdiction and shall set standards
|
| 21 | | and qualifications for each rank. Each Illinois State Police |
| 22 | | officer
appointed by the Director shall be classified as a |
| 23 | | State Police officer
as follows: trooper, sergeant, master |
| 24 | | sergeant, lieutenant,
captain,
major, or Special
Agent.
|
| 25 | | (b) The Board shall publish all standards and |
|
| | HB5501 | - 251 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | qualifications for each rank, including Cadet, on its website. |
| 2 | | This shall include, but not be limited to, all physical |
| 3 | | fitness, medical, visual, and hearing standards. The Illinois |
| 4 | | State Police shall cooperate with the Board by providing any |
| 5 | | necessary information to complete this requirement. |
| 6 | | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 7 | | revised 10-4-21.)
|
| 8 | | (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
|
| 9 | | Sec. 9. Appointment; qualifications.
|
| 10 | | (a) Except as otherwise provided in this Section, the |
| 11 | | appointment of
Illinois State Police officers shall be made |
| 12 | | from those applicants who
have been certified by the Board as |
| 13 | | being qualified for appointment. All
persons so appointed |
| 14 | | shall, at the time of their appointment, be not less than
21 |
| 15 | | years of age, or 20 years of age and have successfully |
| 16 | | completed an associate's degree or 60 credit hours at an |
| 17 | | accredited college or university. Any person
appointed |
| 18 | | subsequent to successful completion of an associate's degree |
| 19 | | or 60 credit hours at an accredited college or university |
| 20 | | shall not have power of arrest, nor shall he or she be |
| 21 | | permitted
to carry firearms, until he or she reaches 21 years |
| 22 | | of age. In addition,
all persons so certified for appointment |
| 23 | | shall be of sound mind and body, be of
good moral character, be |
| 24 | | citizens of the United States, have no criminal
records, |
| 25 | | possess such prerequisites of training, education, and |
|
| | HB5501 | - 252 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | experience as
the Board may from time to time prescribe so long |
| 2 | | as persons who have an associate's degree or 60 credit hours at |
| 3 | | an accredited college or university are not disqualified, and |
| 4 | | shall be required to pass
successfully such mental and |
| 5 | | physical tests and examinations as may be
prescribed by the |
| 6 | | Board. All persons who meet one of the following requirements |
| 7 | | are deemed to have met the collegiate educational |
| 8 | | requirements: |
| 9 | | (i) have been honorably discharged and who have been |
| 10 | | awarded a Southwest Asia Service Medal, Kosovo Campaign |
| 11 | | Medal, Korean Defense Service Medal, Afghanistan Campaign |
| 12 | | Medal, Iraq Campaign Medal, or Global War on Terrorism |
| 13 | | Expeditionary Medal by the United States Armed Forces; |
| 14 | | (ii) are active members of the Illinois National Guard |
| 15 | | or a reserve component of the United States Armed Forces |
| 16 | | and who have been awarded a Southwest Asia Service Medal, |
| 17 | | Kosovo Campaign Medal, Korean Defense Service Medal, |
| 18 | | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global |
| 19 | | War on Terrorism Expeditionary Medal as a result of |
| 20 | | honorable service during deployment on active duty; |
| 21 | | (iii) have been honorably discharged who served in a |
| 22 | | combat mission by proof of hostile fire pay or imminent |
| 23 | | danger pay during deployment on active duty; or |
| 24 | | (iv) have at least 3 years of full active and |
| 25 | | continuous military duty and received an honorable |
| 26 | | discharge before hiring. |
|
| | HB5501 | - 253 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Preference shall be given in such appointments to
persons |
| 2 | | who have honorably served in the military or naval services of |
| 3 | | the
United States. All appointees shall serve a probationary |
| 4 | | period of 12 months
from the date of appointment and during |
| 5 | | that period may be discharged at the
will of the Director. |
| 6 | | However, the Director may in his or her sole discretion
extend |
| 7 | | the probationary period of an officer up to an additional 6 |
| 8 | | months when
to do so is deemed in the best interest of the |
| 9 | | Illinois State Police. Nothing in this subsection (a) limits |
| 10 | | the Board's ability to prescribe education prerequisites or |
| 11 | | requirements to certify Illinois State Police officers for |
| 12 | | promotion as provided in Section 10 of this Act.
|
| 13 | | (b) Notwithstanding the other provisions of this Act, |
| 14 | | after July 1,
1977 and before July 1, 1980, the Director of |
| 15 | | State Police may appoint and
promote not more than 20 persons |
| 16 | | having special qualifications as special
agents as he or she |
| 17 | | deems necessary to carry out the Department's objectives. Any
|
| 18 | | such appointment or promotion shall be ratified by the Board.
|
| 19 | | (c) During the 90 days following March 31, 1995 (the |
| 20 | | effective date of Public Act 89-9) this amendatory Act
of |
| 21 | | 1995, the Director of State Police may appoint up to 25 persons |
| 22 | | as State
Police officers. These appointments shall be made in |
| 23 | | accordance with the
requirements of this subsection (c) and |
| 24 | | any additional criteria that may be
established by the |
| 25 | | Director, but are not subject to any other requirements of
|
| 26 | | this Act. The Director may specify the initial rank for each |
|
| | HB5501 | - 254 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | person appointed
under this subsection.
|
| 2 | | All appointments under this subsection (c) shall be made |
| 3 | | from personnel
certified by the Board. A person certified by |
| 4 | | the Board and appointed by the
Director under this subsection |
| 5 | | must have been employed by the Illinois Commerce
Commission on |
| 6 | | November 30, 1994 in a job title
subject to the Personnel Code |
| 7 | | and in a position for which the person was
eligible to earn |
| 8 | | "eligible creditable service" as a "noncovered employee", as
|
| 9 | | those terms are defined in Article 14 of the Illinois Pension |
| 10 | | Code.
|
| 11 | | Persons appointed under this subsection (c) shall |
| 12 | | thereafter be subject to
the same requirements and procedures |
| 13 | | as other State police officers. A person
appointed under this |
| 14 | | subsection must serve a probationary period of 12 months
from |
| 15 | | the date of appointment, during which he or she may be |
| 16 | | discharged at the
will of the Director.
|
| 17 | | This subsection (c) does not affect or limit the |
| 18 | | Director's authority to
appoint other State Police officers |
| 19 | | under subsection (a) of this Section. |
| 20 | | (d) During the 180 days following January 1, 2022 (the |
| 21 | | effective date of Public Act 101-652) this amendatory Act of |
| 22 | | the 101st General Assembly, the Director of the Illinois State |
| 23 | | Police may appoint current Illinois State Police employees |
| 24 | | Employees serving in law enforcement officer positions |
| 25 | | previously within Central Management Services as State Police |
| 26 | | officers Officers. These appointments shall be made in |
|
| | HB5501 | - 255 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | accordance with the requirements of this subsection (d) and |
| 2 | | any institutional criteria that may be established by the |
| 3 | | Director, but are not subject to any other requirements of |
| 4 | | this Act.
All appointments under this subsection (d) shall be |
| 5 | | made from personnel certified by the Board. A person certified |
| 6 | | by the Board and appointed by the Director under this |
| 7 | | subsection must have been employed by the a State state |
| 8 | | agency, board, or commission on January 1, 2021, in a job title |
| 9 | | subject to the Personnel Code and in a position for which the |
| 10 | | person was eligible to earn "eligible creditable service" as a |
| 11 | | "noncovered employee", as those terms are defined in Article |
| 12 | | 14 of the Illinois Pension Code.
Persons appointed under this |
| 13 | | subsection (d) shall thereafter be subject to the same |
| 14 | | requirements, and subject to the same contractual benefits and |
| 15 | | obligations, as other State police officers.
This subsection |
| 16 | | (d) does not affect or limit the Director's authority to |
| 17 | | appoint other State Police officers under subsection (a) of |
| 18 | | this Section. |
| 19 | | (e) The Merit Board shall review Illinois State Police |
| 20 | | Cadet applicants. The Illinois State Police may provide |
| 21 | | background check and investigation material to the Board for |
| 22 | | its their review
10
pursuant to this Section section. The |
| 23 | | Board shall approve and ensure that no cadet applicant is |
| 24 | | certified unless the applicant is a person of good character |
| 25 | | and has not been convicted of, or entered a plea of guilty to, |
| 26 | | a felony offense, any of the misdemeanors specified in this |
|
| | HB5501 | - 256 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section or if committed in any other state would be an offense |
| 2 | | similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, |
| 3 | | 11-14, 11-14.1, 11-30, 12-2, 12- 3.2, 12-3.5, 16-1, 17-1, |
| 4 | | 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in |
| 5 | | violation of any Section section of Part E of Title III of the |
| 6 | | Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or |
| 7 | | 32-7 of the Criminal Code of 1961 or the Criminal Code of 2012, |
| 8 | | or subsection (a) of Section 17-32 of the Criminal Code of 1961 |
| 9 | | or the Criminal Code of 2012, to Section 5 or 5.2 of the |
| 10 | | Cannabis Control Act, or any felony or misdemeanor in |
| 11 | | violation of federal law or the law of any state that is the |
| 12 | | equivalent of any of the offenses specified therein. The |
| 13 | | Officer Professional Conduct Misconduct Database, provided for |
| 14 | | in Section 9.2 of the Illinois Police Training Act, shall be |
| 15 | | searched as part of this process. For purposes of this |
| 16 | | Section, "convicted of, or entered a plea of guilty" |
| 17 | | regardless of whether the adjudication of guilt or sentence is |
| 18 | | withheld or not entered thereon. This includes sentences of |
| 19 | | supervision, conditional discharge, or first offender |
| 20 | | probation, or any similar disposition provided for by law. |
| 21 | | (f) The Board shall by rule establish an application fee |
| 22 | | waiver program for any person who meets one or more of the |
| 23 | | following criteria: |
| 24 | | (1) his or her available personal income is 200% or |
| 25 | | less of the current poverty level; or |
| 26 | | (2) he or she is, in the discretion of the Board, |
|
| | HB5501 | - 257 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | unable to proceed in an action with payment of application |
| 2 | | fee and payment of that fee would result in substantial |
| 3 | | hardship to the person or the person's family.
|
| 4 | | (Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22; |
| 5 | | 102-538, eff 8-20-21; revised 11-22-21.)
|
| 6 | | (20 ILCS 2610/12.6) |
| 7 | | Sec. 12.6. Automatic termination of Illinois State Police |
| 8 | | officers. The Board shall terminate a State state police |
| 9 | | officer convicted of a felony offense under the laws of this |
| 10 | | State or any other state which if committed in this State would |
| 11 | | be punishable as a felony. The Board must also terminate |
| 12 | | Illinois State Police officers who were convicted of, or |
| 13 | | entered a plea of guilty to, on or after the effective date of |
| 14 | | this amendatory Act of the 101st General Assembly, any |
| 15 | | misdemeanor specified in this Section or if committed in any |
| 16 | | other state would be an offense similar to Section 11-1.50, |
| 17 | | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2, |
| 18 | | 12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, |
| 19 | | 28-3, 29-1, any misdemeanor in violation of any Section |
| 20 | | section of Part E of Title III of the Criminal Code of 1961 or |
| 21 | | the Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code |
| 22 | | of 1961 or the Criminal Code of 2012, or subsection (a) of |
| 23 | | Section 17-32 of the Criminal Code of 1961 or the Criminal Code |
| 24 | | of 2012, to Section 5 or 5.2 of the Cannabis Control Act, or |
| 25 | | any felony or misdemeanor in violation of federal law or the |
|
| | HB5501 | - 258 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | law of any state that is the equivalent of any of the offenses |
| 2 | | specified therein. The Illinois State Police Merit Board shall |
| 3 | | report terminations under this Section to the Officer |
| 4 | | Professional Conduct Misconduct Database, provided in Section |
| 5 | | 9.2 of the Illinois Police Training Act. For purposes of this |
| 6 | | Section, section "convicted of, or entered a plea of guilty" |
| 7 | | regardless of whether the adjudication of guilt or sentence is |
| 8 | | withheld or not entered thereon. This includes sentences of |
| 9 | | supervision, conditional discharge, or first offender |
| 10 | | probation, or any similar disposition provided for by law.
|
| 11 | | (Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)
|
| 12 | | (20 ILCS 2610/12.7) |
| 13 | | Sec. 12.7. Discretionary termination of Illinois State |
| 14 | | Police officers. |
| 15 | | (a) Definitions. For purposes of this Section 12.7 6.3: |
| 16 | | "Duty to intervene" means an obligation to intervene to |
| 17 | | prevent harm from occurring that arises when an officer is |
| 18 | | present and has reason to know: |
| 19 | | (1) that excessive force is being used; or |
| 20 | | (2) that any constitutional violation has been |
| 21 | | committed by a law enforcement official; and the officer |
| 22 | | has a realistic opportunity to intervene. |
| 23 | | This duty applies equally to supervisory and |
| 24 | | nonsupervisory officers. If aid is required, the officer |
| 25 | | shall not, when reasonable to administer aid, knowingly |
|
| | HB5501 | - 260 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | determination by the Board that the Illinois State Police |
| 2 | | officer has: |
| 3 | | (1) committed an act that would constitute a felony or |
| 4 | | misdemeanor which could serve as basis for automatic |
| 5 | | decertification, whether or not the law enforcement |
| 6 | | officer was criminally prosecuted, and whether or not the |
| 7 | | law enforcement officer's employment was terminated; |
| 8 | | (2) exercised excessive use of force; |
| 9 | | (3) failed to comply with the officer's duty to |
| 10 | | intervene, including through acts or omission; |
| 11 | | (4) tampered with a dash camera or body-worn camera or |
| 12 | | data recorded by a dash camera or body-worn camera or |
| 13 | | directed another to tamper with or turn off a dash camera |
| 14 | | or body-worn camera or data recorded by a dash camera or |
| 15 | | body-worn camera for the purpose of concealing, destroying |
| 16 | | or altering potential evidence; |
| 17 | | (5) engaged in the following conduct relating to the |
| 18 | | reporting, investigation, or prosecution of a crime: |
| 19 | | committed perjury, made a false statement, or knowingly |
| 20 | | tampered with or fabricated evidence; |
| 21 | | (6) engaged in any unprofessional, unethical, |
| 22 | | deceptive, or deleterious conduct or practice harmful to |
| 23 | | the public; such conduct or practice need not have |
| 24 | | resulted in actual injury to any person. As used in this |
| 25 | | paragraph, the term "unprofessional conduct" shall include |
| 26 | | any departure from, or failure to conform to, the minimal |
|
| | HB5501 | - 261 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | standards of acceptable and prevailing practice of an |
| 2 | | officer. |
| 3 | | (c) (b) If an officer enters a plea of guilty, nolo |
| 4 | | contendere, stipulates to the facts or is found guilty of a |
| 5 | | violation of any law, or if there is any other Board or |
| 6 | | judicial determination that will support any punitive measure |
| 7 | | taken against the officer, such action by the officer or |
| 8 | | judicial entity may be considered for the purposes of this |
| 9 | | Section. Termination under this Section shall be by clear and |
| 10 | | convincing evidence. If the Board votes to terminate, the |
| 11 | | Board shall put its decision in writing, setting forth the |
| 12 | | specific reasons for its decision. Final decisions under this |
| 13 | | Section are reviewable under the Administrative Review Law. |
| 14 | | (d) (c) The Illinois State Police Merit Board shall report |
| 15 | | all terminations under this Section to the Officer |
| 16 | | Professional Conduct Misconduct Database, provided in Section |
| 17 | | 9.2 of the Illinois Police Training Act. |
| 18 | | (e) (d) Nothing in this Act shall require an Illinois |
| 19 | | State Police officer to waive any applicable constitutional |
| 20 | | rights. |
| 21 | | (f) (e) Nothing in this Section shall prohibit the Merit |
| 22 | | Board from administering discipline up to and including |
| 23 | | termination for violations of Illinois State Police policies |
| 24 | | and procedures pursuant to other Sections sections of this |
| 25 | | Act.
|
| 26 | | (Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)
|
|
| | HB5501 | - 262 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
|
| 2 | | Sec. 14. Except as is otherwise provided in this Act, no |
| 3 | | Illinois
State Police officer shall be removed, demoted, or |
| 4 | | suspended except for
cause, upon written charges filed with |
| 5 | | the Board by the Director and a hearing
before the Board |
| 6 | | thereon upon not less than 10 days' notice at a place to
be |
| 7 | | designated by the chairman thereof. At such hearing, the |
| 8 | | accused shall
be afforded full opportunity to be heard in his |
| 9 | | or her own defense and
to produce proof in his or her defense. |
| 10 | | It shall not be a requirement of a person filing a complaint |
| 11 | | against a State Police officer Officer to have a complaint |
| 12 | | supported by a sworn affidavit or any other legal |
| 13 | | documentation. This ban on an affidavit requirement shall |
| 14 | | apply to any collective bargaining agreements entered after |
| 15 | | the effective date of this provision.
|
| 16 | | Before any such officer may be interrogated or examined by |
| 17 | | or before the
Board, or by an Illinois
State Police agent or |
| 18 | | investigator specifically assigned
to conduct an internal |
| 19 | | investigation, the results of which hearing,
interrogation,
or |
| 20 | | examination may be the basis for filing charges seeking his or |
| 21 | | her
suspension for more than 15 days or his or her removal or |
| 22 | | discharge,
he or she shall be advised in writing as to what |
| 23 | | specific improper or
illegal act he or she is alleged to have |
| 24 | | committed; he or she shall
be advised in writing that his or |
| 25 | | her admissions made in the course
of the hearing, |
|
| | HB5501 | - 263 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | interrogation, or examination may be used as the basis for
|
| 2 | | charges seeking his or her suspension, removal, or discharge; |
| 3 | | and he
or she shall be advised in writing that he or she has a |
| 4 | | right to
counsel of his or her choosing, who may be present to |
| 5 | | advise him or
her at any hearing, interrogation, or |
| 6 | | examination. A complete record of
any hearing, interrogation, |
| 7 | | or examination shall be made, and a complete
transcript or |
| 8 | | electronic recording thereof shall be made available to such
|
| 9 | | officer without charge and without delay.
|
| 10 | | The Board shall have the power to secure by its subpoena
|
| 11 | | both the attendance and testimony of witnesses and the |
| 12 | | production of books
and papers in support of the charges and |
| 13 | | for the defense. Each member of
the Board or a designated |
| 14 | | hearing officer shall have the power to administer
oaths or |
| 15 | | affirmations. If the charges against an accused are |
| 16 | | established
by a preponderance of evidence, the Board shall |
| 17 | | make a finding of guilty
and order either removal, demotion, |
| 18 | | suspension for a period of not more
than 180 days, or such |
| 19 | | other disciplinary punishment as may be prescribed
by the |
| 20 | | rules and regulations of the Board which, in the opinion of the |
| 21 | | members
thereof, the offense merits. Thereupon the
Director |
| 22 | | shall direct such removal or other punishment as ordered by |
| 23 | | the
Board and if the accused refuses to abide by any such |
| 24 | | disciplinary
order, the Director shall remove him or her |
| 25 | | forthwith.
|
| 26 | | If the accused is found not guilty or has served a period |
|
| | HB5501 | - 264 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of suspension
greater than prescribed by the Board, the Board |
| 2 | | shall order that the officer receive compensation for the |
| 3 | | period involved.
The award of compensation shall include |
| 4 | | interest at the rate of 7% per
annum.
|
| 5 | | The Board may include in its order appropriate sanctions |
| 6 | | based upon the
Board's rules and regulations. If the Board |
| 7 | | finds that a party has made
allegations or denials without |
| 8 | | reasonable cause or has engaged in frivolous
litigation for |
| 9 | | the purpose of delay or needless increase in the cost of
|
| 10 | | litigation, it may order that party to pay the other party's |
| 11 | | reasonable
expenses, including costs and reasonable attorney's |
| 12 | | fees. The State of
Illinois and the Illinois
State Police |
| 13 | | shall be subject to these sanctions in the same
manner as other |
| 14 | | parties.
|
| 15 | | In case of the neglect or refusal of any person to obey a |
| 16 | | subpoena issued
by the Board, any circuit court, upon |
| 17 | | application
of any member of the Board, may order such person |
| 18 | | to appear before the Board
and give testimony or produce |
| 19 | | evidence, and any failure to obey such order
is punishable by |
| 20 | | the court as a contempt thereof.
|
| 21 | | The provisions of the Administrative Review Law, and all |
| 22 | | amendments and
modifications thereof, and the rules adopted |
| 23 | | pursuant thereto, shall apply
to and govern all proceedings |
| 24 | | for the judicial review of any order of the
Board rendered |
| 25 | | pursuant to the provisions of this Section.
|
| 26 | | Notwithstanding the provisions of this Section, a policy |
|
| | HB5501 | - 265 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | making
officer, as defined in the Employee Rights Violation |
| 2 | | Act, of the Illinois State Police shall be discharged from the |
| 3 | | Illinois State Police as
provided in the Employee Rights |
| 4 | | Violation Act, enacted by the 85th General
Assembly.
|
| 5 | | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; |
| 6 | | revised 10-4-21.)
|
| 7 | | (20 ILCS 2610/46) |
| 8 | | Sec. 46. Officer Professional Conduct Database; reporting, |
| 9 | | transparency. |
| 10 | | (a) The Illinois State Police Merit Board shall be |
| 11 | | responsible for reporting all required information contained |
| 12 | | in the Officer Professional Conduct Misconduct Database, |
| 13 | | provided in Section 9.2 of the Illinois Police Training Act. |
| 14 | | (b) Before the Illinois State Police Merit Board certifies |
| 15 | | any Illinois State Police Cadet the Board shall conduct a |
| 16 | | search of all Illinois State Police Cadet applicants in the |
| 17 | | Officer Professional Conduct Database. |
| 18 | | (c) The database, documents, materials, or other |
| 19 | | information in the possession or control of the Board that are |
| 20 | | obtained by or disclosed to the Board pursuant to this |
| 21 | | subsection shall be confidential by law and privileged, shall |
| 22 | | not be subject to subpoena, and shall not be subject to |
| 23 | | discovery or admissible in evidence in any private civil |
| 24 | | action. However, the Board is authorized to use such |
| 25 | | documents, materials, or other information in furtherance of |
|
| | HB5501 | - 266 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any regulatory or legal action brought as part of the Board's |
| 2 | | official duties. Unless otherwise required by law, the Board |
| 3 | | shall not disclose the database or make such documents, |
| 4 | | materials, or other information public without the prior |
| 5 | | written consent of the governmental agency and the law |
| 6 | | enforcement officer. The Board nor any person who received |
| 7 | | documents, materials or other information shared pursuant to |
| 8 | | this subsection shall be required to testify in any private |
| 9 | | civil action concerning the database or any confidential |
| 10 | | documents, materials, or information subject to this |
| 11 | | subsection. |
| 12 | | Nothing in this Section shall exempt a governmental agency |
| 13 | | from disclosing public records in accordance with the Freedom |
| 14 | | of Information Act.
|
| 15 | | (Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)
|
| 16 | | Section 180. The Criminal Identification Act is amended by |
| 17 | | changing Section 5.2 as follows:
|
| 18 | | (20 ILCS 2630/5.2)
|
| 19 | | Sec. 5.2. Expungement, sealing, and immediate sealing. |
| 20 | | (a) General Provisions. |
| 21 | | (1) Definitions. In this Act, words and phrases have
|
| 22 | | the meanings set forth in this subsection, except when a
|
| 23 | | particular context clearly requires a different meaning. |
| 24 | | (A) The following terms shall have the meanings |
|
| | HB5501 | - 268 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (xiii) Sentence, Section 5-1-19. (730 ILCS |
| 2 | | 5/5-1-19), |
| 3 | | (xiv) Supervision, Section 5-1-21. (730 ILCS |
| 4 | | 5/5-1-21), and |
| 5 | | (xv) Victim, Section 5-1-22. (730 ILCS |
| 6 | | 5/5-1-22). |
| 7 | | (B) As used in this Section, "charge not initiated |
| 8 | | by arrest" means a charge (as defined by Section 5-1-3 |
| 9 | | of the Unified Code of Corrections 730 ILCS 5/5-1-3) |
| 10 | | brought against a defendant where the defendant is not |
| 11 | | arrested prior to or as a direct result of the charge. |
| 12 | | (C) "Conviction" means a judgment of conviction or |
| 13 | | sentence entered upon a plea of guilty or upon a |
| 14 | | verdict or finding of guilty of an offense, rendered |
| 15 | | by a legally constituted jury or by a court of |
| 16 | | competent jurisdiction authorized to try the case |
| 17 | | without a jury. An order of supervision successfully |
| 18 | | completed by the petitioner is not a conviction. An |
| 19 | | order of qualified probation (as defined in subsection |
| 20 | | (a)(1)(J)) successfully completed by the petitioner is |
| 21 | | not a conviction. An order of supervision or an order |
| 22 | | of qualified probation that is terminated |
| 23 | | unsatisfactorily is a conviction, unless the |
| 24 | | unsatisfactory termination is reversed, vacated, or |
| 25 | | modified and the judgment of conviction, if any, is |
| 26 | | reversed or vacated. |
|
| | HB5501 | - 269 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (D) "Criminal offense" means a petty offense, |
| 2 | | business offense, misdemeanor, felony, or municipal |
| 3 | | ordinance violation (as defined in subsection |
| 4 | | (a)(1)(H)). As used in this Section, a minor traffic |
| 5 | | offense (as defined in subsection (a)(1)(G)) shall not |
| 6 | | be considered a criminal offense. |
| 7 | | (E) "Expunge" means to physically destroy the |
| 8 | | records or return them to the petitioner and to |
| 9 | | obliterate the petitioner's name from any official |
| 10 | | index or public record, or both. Nothing in this Act |
| 11 | | shall require the physical destruction of the circuit |
| 12 | | court file, but such records relating to arrests or |
| 13 | | charges, or both, ordered expunged shall be impounded |
| 14 | | as required by subsections (d)(9)(A)(ii) and |
| 15 | | (d)(9)(B)(ii). |
| 16 | | (F) As used in this Section, "last sentence" means |
| 17 | | the sentence, order of supervision, or order of |
| 18 | | qualified probation (as defined by subsection |
| 19 | | (a)(1)(J)), for a criminal offense (as defined by |
| 20 | | subsection (a)(1)(D)) that terminates last in time in |
| 21 | | any jurisdiction, regardless of whether the petitioner |
| 22 | | has included the criminal offense for which the |
| 23 | | sentence or order of supervision or qualified |
| 24 | | probation was imposed in his or her petition. If |
| 25 | | multiple sentences, orders of supervision, or orders |
| 26 | | of qualified probation terminate on the same day and |
|
| | HB5501 | - 270 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | are last in time, they shall be collectively |
| 2 | | considered the "last sentence" regardless of whether |
| 3 | | they were ordered to run concurrently. |
| 4 | | (G) "Minor traffic offense" means a petty offense, |
| 5 | | business offense, or Class C misdemeanor under the |
| 6 | | Illinois Vehicle Code or a similar provision of a |
| 7 | | municipal or local ordinance. |
| 8 | | (G-5) "Minor Cannabis Offense" means a violation |
| 9 | | of Section 4 or 5 of the Cannabis Control Act |
| 10 | | concerning not more than 30 grams of any substance |
| 11 | | containing cannabis, provided the violation did not |
| 12 | | include a penalty enhancement under Section 7 of the |
| 13 | | Cannabis Control Act and is not associated with an |
| 14 | | arrest, conviction or other disposition for a violent |
| 15 | | crime as defined in subsection (c) of Section 3 of the |
| 16 | | Rights of Crime Victims and Witnesses Act. |
| 17 | | (H) "Municipal ordinance violation" means an |
| 18 | | offense defined by a municipal or local ordinance that |
| 19 | | is criminal in nature and with which the petitioner |
| 20 | | was charged or for which the petitioner was arrested |
| 21 | | and released without charging. |
| 22 | | (I) "Petitioner" means an adult or a minor |
| 23 | | prosecuted as an
adult who has applied for relief |
| 24 | | under this Section. |
| 25 | | (J) "Qualified probation" means an order of |
| 26 | | probation under Section 10 of the Cannabis Control |
|
| | HB5501 | - 271 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Act, Section 410 of the Illinois Controlled Substances |
| 2 | | Act, Section 70 of the Methamphetamine Control and |
| 3 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 |
| 4 | | of the Unified Code of Corrections, Section |
| 5 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as |
| 6 | | those provisions existed before their deletion by |
| 7 | | Public Act 89-313), Section 10-102 of the Illinois |
| 8 | | Alcoholism and Other Drug Dependency Act, Section |
| 9 | | 40-10 of the Substance Use Disorder Act, or Section 10 |
| 10 | | of the Steroid Control Act. For the purpose of this |
| 11 | | Section, "successful completion" of an order of |
| 12 | | qualified probation under Section 10-102 of the |
| 13 | | Illinois Alcoholism and Other Drug Dependency Act and |
| 14 | | Section 40-10 of the Substance Use Disorder Act means |
| 15 | | that the probation was terminated satisfactorily and |
| 16 | | the judgment of conviction was vacated. |
| 17 | | (K) "Seal" means to physically and electronically |
| 18 | | maintain the records, unless the records would |
| 19 | | otherwise be destroyed due to age, but to make the |
| 20 | | records unavailable without a court order, subject to |
| 21 | | the exceptions in Sections 12 and 13 of this Act. The |
| 22 | | petitioner's name shall also be obliterated from the |
| 23 | | official index required to be kept by the circuit |
| 24 | | court clerk under Section 16 of the Clerks of Courts |
| 25 | | Act, but any index issued by the circuit court clerk |
| 26 | | before the entry of the order to seal shall not be |
|
| | HB5501 | - 272 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | affected. |
| 2 | | (L) "Sexual offense committed against a minor" |
| 3 | | includes, but is
not limited to, the offenses of |
| 4 | | indecent solicitation of a child
or criminal sexual |
| 5 | | abuse when the victim of such offense is
under 18 years |
| 6 | | of age. |
| 7 | | (M) "Terminate" as it relates to a sentence or |
| 8 | | order of supervision or qualified probation includes |
| 9 | | either satisfactory or unsatisfactory termination of |
| 10 | | the sentence, unless otherwise specified in this |
| 11 | | Section. A sentence is terminated notwithstanding any |
| 12 | | outstanding financial legal obligation. |
| 13 | | (2) Minor Traffic Offenses.
Orders of supervision or |
| 14 | | convictions for minor traffic offenses shall not affect a |
| 15 | | petitioner's eligibility to expunge or seal records |
| 16 | | pursuant to this Section. |
| 17 | | (2.5) Commencing 180 days after July 29, 2016 (the |
| 18 | | effective date of Public Act 99-697), the law enforcement |
| 19 | | agency issuing the citation shall automatically expunge, |
| 20 | | on or before January 1 and July 1 of each year, the law |
| 21 | | enforcement records of a person found to have committed a |
| 22 | | civil law violation of subsection (a) of Section 4 of the |
| 23 | | Cannabis Control Act or subsection (c) of Section 3.5 of |
| 24 | | the Drug Paraphernalia Control Act in the law enforcement |
| 25 | | agency's possession or control and which contains the |
| 26 | | final satisfactory disposition which pertain to the person |
|
| | HB5501 | - 273 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | issued a citation for that offense.
The law enforcement |
| 2 | | agency shall provide by rule the process for access, |
| 3 | | review, and to confirm the automatic expungement by the |
| 4 | | law enforcement agency issuing the citation.
Commencing |
| 5 | | 180 days after July 29, 2016 (the effective date of Public |
| 6 | | Act 99-697), the clerk of the circuit court shall expunge, |
| 7 | | upon order of the court, or in the absence of a court order |
| 8 | | on or before January 1 and July 1 of each year, the court |
| 9 | | records of a person found in the circuit court to have |
| 10 | | committed a civil law violation of subsection (a) of |
| 11 | | Section 4 of the Cannabis Control Act or subsection (c) of |
| 12 | | Section 3.5 of the Drug Paraphernalia Control Act in the |
| 13 | | clerk's possession or control and which contains the final |
| 14 | | satisfactory disposition which pertain to the person |
| 15 | | issued a citation for any of those offenses. |
| 16 | | (3) Exclusions. Except as otherwise provided in |
| 17 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) |
| 18 | | of this Section, the court shall not order: |
| 19 | | (A) the sealing or expungement of the records of |
| 20 | | arrests or charges not initiated by arrest that result |
| 21 | | in an order of supervision for or conviction of:
(i) |
| 22 | | any sexual offense committed against a
minor; (ii) |
| 23 | | Section 11-501 of the Illinois Vehicle Code or a |
| 24 | | similar provision of a local ordinance; or (iii) |
| 25 | | Section 11-503 of the Illinois Vehicle Code or a |
| 26 | | similar provision of a local ordinance, unless the |
|
| | HB5501 | - 274 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | arrest or charge is for a misdemeanor violation of |
| 2 | | subsection (a) of Section 11-503 or a similar |
| 3 | | provision of a local ordinance, that occurred prior to |
| 4 | | the offender reaching the age of 25 years and the |
| 5 | | offender has no other conviction for violating Section |
| 6 | | 11-501 or 11-503 of the Illinois Vehicle Code or a |
| 7 | | similar provision of a local ordinance. |
| 8 | | (B) the sealing or expungement of records of minor |
| 9 | | traffic offenses (as defined in subsection (a)(1)(G)), |
| 10 | | unless the petitioner was arrested and released |
| 11 | | without charging. |
| 12 | | (C) the sealing of the records of arrests or |
| 13 | | charges not initiated by arrest which result in an |
| 14 | | order of supervision or a conviction for the following |
| 15 | | offenses: |
| 16 | | (i) offenses included in Article 11 of the |
| 17 | | Criminal Code of 1961 or the Criminal Code of 2012 |
| 18 | | or a similar provision of a local ordinance, |
| 19 | | except Section 11-14 and a misdemeanor violation |
| 20 | | of Section 11-30 of the Criminal Code of 1961 or |
| 21 | | the Criminal Code of 2012, or a similar provision |
| 22 | | of a local ordinance; |
| 23 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
| 24 | | 26-5, or 48-1 of the Criminal Code of 1961 or the |
| 25 | | Criminal Code of 2012, or a similar provision of a |
| 26 | | local ordinance; |
|
| | HB5501 | - 275 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (iii) Sections 12-3.1 or 12-3.2 of the |
| 2 | | Criminal Code of 1961 or the Criminal Code of |
| 3 | | 2012, or Section 125 of the Stalking No Contact |
| 4 | | Order Act, or Section 219 of the Civil No Contact |
| 5 | | Order Act, or a similar provision of a local |
| 6 | | ordinance; |
| 7 | | (iv) Class A misdemeanors or felony offenses |
| 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) (blank). |
| 13 | | (b) Expungement. |
| 14 | | (1) A petitioner may petition the circuit court to |
| 15 | | expunge the
records of his or her arrests and charges not |
| 16 | | initiated by arrest when each arrest or charge not |
| 17 | | initiated by arrest
sought to be expunged resulted in:
(i) |
| 18 | | acquittal, dismissal, or the petitioner's release without |
| 19 | | charging, unless excluded by subsection (a)(3)(B);
(ii) a |
| 20 | | conviction which was vacated or reversed, unless excluded |
| 21 | | by subsection (a)(3)(B);
(iii) an order of supervision and |
| 22 | | such supervision was successfully completed by the |
| 23 | | petitioner, unless excluded by subsection (a)(3)(A) or |
| 24 | | (a)(3)(B); or
(iv) an order of qualified probation (as |
| 25 | | defined in subsection (a)(1)(J)) and such probation was |
| 26 | | successfully completed by the petitioner. |
|
| | HB5501 | - 276 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1.5) When a petitioner seeks to have a record of |
| 2 | | arrest expunged under this Section, and the offender has |
| 3 | | been convicted of a criminal offense, the State's Attorney |
| 4 | | may object to the expungement on the grounds that the |
| 5 | | records contain specific relevant information aside from |
| 6 | | the mere fact of the arrest. |
| 7 | | (2) Time frame for filing a petition to expunge. |
| 8 | | (A) When the arrest or charge not initiated by |
| 9 | | arrest sought to be expunged resulted in an acquittal, |
| 10 | | dismissal, the petitioner's release without charging, |
| 11 | | or the reversal or vacation of a conviction, there is |
| 12 | | no waiting period to petition for the expungement of |
| 13 | | such records. |
| 14 | | (B) When the arrest or charge not initiated by |
| 15 | | arrest
sought to be expunged resulted in an order of |
| 16 | | supervision, successfully
completed by the petitioner, |
| 17 | | the following time frames will apply: |
| 18 | | (i) Those arrests or charges that resulted in |
| 19 | | orders of
supervision under Section 3-707, 3-708, |
| 20 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or |
| 21 | | a similar provision of a local ordinance, or under |
| 22 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
| 23 | | Code of 1961 or the Criminal Code of 2012, or a |
| 24 | | similar provision of a local ordinance, shall not |
| 25 | | be eligible for expungement until 5 years have |
| 26 | | passed following the satisfactory termination of |
|
| | HB5501 | - 277 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the supervision. |
| 2 | | (i-5) Those arrests or charges that resulted |
| 3 | | in orders of supervision for a misdemeanor |
| 4 | | violation of subsection (a) of Section 11-503 of |
| 5 | | the Illinois Vehicle Code or a similar provision |
| 6 | | of a local ordinance, that occurred prior to the |
| 7 | | offender reaching the age of 25 years and the |
| 8 | | offender has no other conviction for violating |
| 9 | | Section 11-501 or 11-503 of the Illinois Vehicle |
| 10 | | Code or a similar provision of a local ordinance |
| 11 | | shall not be eligible for expungement until the |
| 12 | | petitioner has reached the age of 25 years. |
| 13 | | (ii) Those arrests or charges that resulted in |
| 14 | | orders
of supervision for any other offenses shall |
| 15 | | not be
eligible for expungement until 2 years have |
| 16 | | passed
following the satisfactory termination of |
| 17 | | the supervision. |
| 18 | | (C) When the arrest or charge not initiated by |
| 19 | | arrest sought to
be expunged resulted in an order of |
| 20 | | qualified probation, successfully
completed by the |
| 21 | | petitioner, such records shall not be eligible for
|
| 22 | | expungement until 5 years have passed following the |
| 23 | | satisfactory
termination of the probation. |
| 24 | | (3) Those records maintained by the Illinois State |
| 25 | | Police Department for
persons arrested prior to their 17th |
| 26 | | birthday shall be
expunged as provided in Section 5-915 of |
|
| | HB5501 | - 278 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Juvenile Court
Act of 1987. |
| 2 | | (4) Whenever a person has been arrested for or |
| 3 | | convicted of any
offense, in the name of a person whose |
| 4 | | identity he or she has stolen or otherwise
come into |
| 5 | | possession of, the aggrieved person from whom the identity
|
| 6 | | was stolen or otherwise obtained without authorization,
|
| 7 | | upon learning of the person having been arrested using his
|
| 8 | | or her identity, may, upon verified petition to the chief |
| 9 | | judge of
the circuit wherein the arrest was made, have a |
| 10 | | court order
entered nunc pro tunc by the Chief Judge to |
| 11 | | correct the
arrest record, conviction record, if any, and |
| 12 | | all official
records of the arresting authority, the |
| 13 | | Illinois State Police Department, other
criminal justice |
| 14 | | agencies, the prosecutor, and the trial
court concerning |
| 15 | | such arrest, if any, by removing his or her name
from all |
| 16 | | such records in connection with the arrest and
conviction, |
| 17 | | if any, and by inserting in the records the
name of the |
| 18 | | offender, if known or ascertainable, in lieu of
the |
| 19 | | aggrieved's name. The records of the circuit court clerk |
| 20 | | shall be sealed until further order of
the court upon good |
| 21 | | cause shown and the name of the
aggrieved person |
| 22 | | obliterated on the official index
required to be kept by |
| 23 | | the circuit court clerk under
Section 16 of the Clerks of |
| 24 | | Courts Act, but the order shall
not affect any index |
| 25 | | issued by the circuit court clerk
before the entry of the |
| 26 | | order. Nothing in this Section
shall limit the Illinois |
|
| | HB5501 | - 279 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department of State Police or other
criminal justice |
| 2 | | agencies or prosecutors from listing
under an offender's |
| 3 | | name the false names he or she has
used. |
| 4 | | (5) Whenever a person has been convicted of criminal
|
| 5 | | sexual assault, aggravated criminal sexual assault,
|
| 6 | | predatory criminal sexual assault of a child, criminal
|
| 7 | | sexual abuse, or aggravated criminal sexual abuse, the
|
| 8 | | victim of that offense may request that the State's
|
| 9 | | Attorney of the county in which the conviction occurred
|
| 10 | | file a verified petition with the presiding trial judge at
|
| 11 | | the petitioner's trial to have a court order entered to |
| 12 | | seal
the records of the circuit court clerk in connection
|
| 13 | | with the proceedings of the trial court concerning that
|
| 14 | | offense. However, the records of the arresting authority
|
| 15 | | and the Illinois Department of State Police concerning the |
| 16 | | offense
shall not be sealed. The court, upon good cause |
| 17 | | shown,
shall make the records of the circuit court clerk |
| 18 | | in
connection with the proceedings of the trial court
|
| 19 | | concerning the offense available for public inspection. |
| 20 | | (6) If a conviction has been set aside on direct |
| 21 | | review
or on collateral attack and the court determines by |
| 22 | | clear
and convincing evidence that the petitioner was |
| 23 | | factually
innocent of the charge, the court that finds the |
| 24 | | petitioner factually innocent of the charge shall enter an
|
| 25 | | expungement order for the conviction for which the |
| 26 | | petitioner has been determined to be innocent as provided |
|
| | HB5501 | - 280 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in subsection (b) of Section
5-5-4 of the Unified Code of |
| 2 | | Corrections. |
| 3 | | (7) Nothing in this Section shall prevent the Illinois |
| 4 | | Department of
State Police from maintaining all records of |
| 5 | | any person who
is admitted to probation upon terms and |
| 6 | | conditions and who
fulfills those terms and conditions |
| 7 | | pursuant to Section 10
of the Cannabis Control Act, |
| 8 | | Section 410 of the Illinois
Controlled Substances Act, |
| 9 | | Section 70 of the
Methamphetamine Control and Community |
| 10 | | Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified |
| 11 | | Code of Corrections, Section 12-4.3 or subdivision (b)(1) |
| 12 | | of Section 12-3.05 of the Criminal Code of 1961 or the |
| 13 | | Criminal Code of 2012, Section 10-102
of the Illinois |
| 14 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of |
| 15 | | the Substance Use Disorder Act, or Section 10 of the |
| 16 | | Steroid Control Act. |
| 17 | | (8) If the petitioner has been granted a certificate |
| 18 | | of innocence under Section 2-702 of the Code of Civil |
| 19 | | Procedure, the court that grants the certificate of |
| 20 | | innocence shall also enter an order expunging the |
| 21 | | conviction for which the petitioner has been determined to |
| 22 | | be innocent as provided in subsection (h) of Section 2-702 |
| 23 | | of the Code of Civil Procedure. |
| 24 | | (c) Sealing. |
| 25 | | (1) Applicability. Notwithstanding any other provision |
| 26 | | of this Act to the contrary, and cumulative with any |
|
| | HB5501 | - 281 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rights to expungement of criminal records, this subsection |
| 2 | | authorizes the sealing of criminal records of adults and |
| 3 | | of minors prosecuted as adults. Subsection (g) of this |
| 4 | | Section provides for immediate sealing of certain records. |
| 5 | | (2) Eligible Records. The following records may be |
| 6 | | sealed: |
| 7 | | (A) All arrests resulting in release without |
| 8 | | charging; |
| 9 | | (B) Arrests or charges not initiated by arrest |
| 10 | | resulting in acquittal, dismissal, or conviction when |
| 11 | | the conviction was reversed or vacated, except as |
| 12 | | excluded by subsection (a)(3)(B); |
| 13 | | (C) Arrests or charges not initiated by arrest |
| 14 | | resulting in orders of supervision, including orders |
| 15 | | of supervision for municipal ordinance violations, |
| 16 | | successfully completed by the petitioner, unless |
| 17 | | excluded by subsection (a)(3); |
| 18 | | (D) Arrests or charges not initiated by arrest |
| 19 | | resulting in convictions, including convictions on |
| 20 | | municipal ordinance violations, unless excluded by |
| 21 | | subsection (a)(3); |
| 22 | | (E) Arrests or charges not initiated by arrest |
| 23 | | resulting in orders of first offender probation under |
| 24 | | Section 10 of the Cannabis Control Act, Section 410 of |
| 25 | | the Illinois Controlled Substances Act, Section 70 of |
| 26 | | the Methamphetamine Control and Community Protection |
|
| | HB5501 | - 282 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Act, or Section 5-6-3.3 of the Unified Code of |
| 2 | | Corrections; and |
| 3 | | (F) Arrests or charges not initiated by arrest |
| 4 | | resulting in felony convictions unless otherwise |
| 5 | | excluded by subsection (a) paragraph (3) of this |
| 6 | | Section. |
| 7 | | (3) When Records Are Eligible to Be Sealed. Records |
| 8 | | identified as eligible under subsection (c)(2) may be |
| 9 | | sealed as follows: |
| 10 | | (A) Records identified as eligible under |
| 11 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at |
| 12 | | any time. |
| 13 | | (B) Except as otherwise provided in subparagraph |
| 14 | | (E) of this paragraph (3), records identified as |
| 15 | | eligible under subsection (c)(2)(C) may be sealed
2 |
| 16 | | years after the termination of petitioner's last |
| 17 | | sentence (as defined in subsection (a)(1)(F)). |
| 18 | | (C) Except as otherwise provided in subparagraph |
| 19 | | (E) of this paragraph (3), records identified as |
| 20 | | eligible under subsections (c)(2)(D), (c)(2)(E), and |
| 21 | | (c)(2)(F) may be sealed 3 years after the termination |
| 22 | | of the petitioner's last sentence (as defined in |
| 23 | | subsection (a)(1)(F)). Convictions requiring public |
| 24 | | registration under the Arsonist Registration Act, the |
| 25 | | Sex Offender Registration Act, or the Murderer and |
| 26 | | Violent Offender Against Youth Registration Act may |
|
| | HB5501 | - 283 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | not be sealed until the petitioner is no longer |
| 2 | | required to register under that relevant Act. |
| 3 | | (D) Records identified in subsection |
| 4 | | (a)(3)(A)(iii) may be sealed after the petitioner has |
| 5 | | reached the age of 25 years. |
| 6 | | (E) Records identified as eligible under |
| 7 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or |
| 8 | | (c)(2)(F) may be sealed upon termination of the |
| 9 | | petitioner's last sentence if the petitioner earned a |
| 10 | | high school diploma, associate's degree, career |
| 11 | | certificate, vocational technical certification, or |
| 12 | | bachelor's degree, or passed the high school level |
| 13 | | Test of General Educational Development, during the |
| 14 | | period of his or her sentence or mandatory supervised |
| 15 | | release. This subparagraph shall apply only to a |
| 16 | | petitioner who has not completed the same educational |
| 17 | | goal prior to the period of his or her sentence or |
| 18 | | mandatory supervised release. If a petition for |
| 19 | | sealing eligible records filed under this subparagraph |
| 20 | | is denied by the court, the time periods under |
| 21 | | subparagraph (B) or (C) shall apply to any subsequent |
| 22 | | petition for sealing filed by the petitioner. |
| 23 | | (4) Subsequent felony convictions. A person may not |
| 24 | | have
subsequent felony conviction records sealed as |
| 25 | | provided in this subsection
(c) if he or she is convicted |
| 26 | | of any felony offense after the date of the
sealing of |
|
| | HB5501 | - 284 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | prior felony convictions as provided in this subsection |
| 2 | | (c). The court may, upon conviction for a subsequent |
| 3 | | felony offense, order the unsealing of prior felony |
| 4 | | conviction records previously ordered sealed by the court. |
| 5 | | (5) Notice of eligibility for sealing. Upon entry of a |
| 6 | | disposition for an eligible record under this subsection |
| 7 | | (c), the petitioner shall be informed by the court of the |
| 8 | | right to have the records sealed and the procedures for |
| 9 | | the sealing of the records. |
| 10 | | (d) Procedure. The following procedures apply to |
| 11 | | expungement under subsections (b), (e), and (e-6) and sealing |
| 12 | | under subsections (c) and (e-5): |
| 13 | | (1) Filing the petition. Upon becoming eligible to |
| 14 | | petition for
the expungement or sealing of records under |
| 15 | | this Section, the petitioner shall file a petition |
| 16 | | requesting the expungement
or sealing of records with the |
| 17 | | clerk of the court where the arrests occurred or the |
| 18 | | charges were brought, or both. If arrests occurred or |
| 19 | | charges were brought in multiple jurisdictions, a petition |
| 20 | | must be filed in each such jurisdiction. The petitioner |
| 21 | | shall pay the applicable fee, except no fee shall be |
| 22 | | required if the petitioner has obtained a court order |
| 23 | | waiving fees under Supreme Court Rule 298 or it is |
| 24 | | otherwise waived. |
| 25 | | (1.5) County fee waiver pilot program.
From August 9, |
| 26 | | 2019 (the effective date of Public Act 101-306) through |
|
| | HB5501 | - 285 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | December 31, 2020, in a county of 3,000,000 or more |
| 2 | | inhabitants, no fee shall be required to be paid by a |
| 3 | | petitioner if the records sought to be expunged or sealed |
| 4 | | were arrests resulting in release without charging or |
| 5 | | arrests or charges not initiated by arrest resulting in |
| 6 | | acquittal, dismissal, or conviction when the conviction |
| 7 | | was reversed or vacated, unless excluded by subsection |
| 8 | | (a)(3)(B). The provisions of this paragraph (1.5), other |
| 9 | | than this sentence, are inoperative on and after January |
| 10 | | 1, 2022. |
| 11 | | (2) Contents of petition. The petition shall be
|
| 12 | | verified and shall contain the petitioner's name, date of
|
| 13 | | birth, current address and, for each arrest or charge not |
| 14 | | initiated by
arrest sought to be sealed or expunged, the |
| 15 | | case number, the date of
arrest (if any), the identity of |
| 16 | | the arresting authority, and such
other information as the |
| 17 | | court may require. During the pendency
of the proceeding, |
| 18 | | the petitioner shall promptly notify the
circuit court |
| 19 | | clerk of any change of his or her address. If the |
| 20 | | petitioner has received a certificate of eligibility for |
| 21 | | sealing from the Prisoner Review Board under paragraph |
| 22 | | (10) of subsection (a) of Section 3-3-2 of the Unified |
| 23 | | Code of Corrections, the certificate shall be attached to |
| 24 | | the petition. |
| 25 | | (3) Drug test. The petitioner must attach to the |
| 26 | | petition proof that the petitioner has passed a test taken |
|
| | HB5501 | - 286 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | within 30 days before the filing of the petition showing |
| 2 | | the absence within his or her body of all illegal |
| 3 | | substances as defined by the Illinois Controlled |
| 4 | | Substances Act, the Methamphetamine Control and Community |
| 5 | | Protection Act, and the Cannabis Control Act if he or she |
| 6 | | is petitioning to: |
| 7 | | (A) seal felony records under clause (c)(2)(E); |
| 8 | | (B) seal felony records for a violation of the |
| 9 | | Illinois Controlled Substances Act, the |
| 10 | | Methamphetamine Control and Community Protection Act, |
| 11 | | or the Cannabis Control Act under clause (c)(2)(F); |
| 12 | | (C) seal felony records under subsection (e-5); or |
| 13 | | (D) expunge felony records of a qualified |
| 14 | | probation under clause (b)(1)(iv). |
| 15 | | (4) Service of petition. The circuit court clerk shall |
| 16 | | promptly
serve a copy of the petition and documentation to |
| 17 | | support the petition under subsection (e-5) or (e-6) on |
| 18 | | the State's Attorney or
prosecutor charged with the duty |
| 19 | | of prosecuting the
offense, the Illinois Department of |
| 20 | | State Police, the arresting
agency and the chief legal |
| 21 | | officer of the unit of local
government effecting the |
| 22 | | arrest. |
| 23 | | (5) Objections. |
| 24 | | (A) Any party entitled to notice of the petition |
| 25 | | may file an objection to the petition. All objections |
| 26 | | shall be in writing, shall be filed with the circuit |
|
| | HB5501 | - 287 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | court clerk, and shall state with specificity the |
| 2 | | basis of the objection. Whenever a person who has been |
| 3 | | convicted of an offense is granted
a pardon by the |
| 4 | | Governor which specifically authorizes expungement, an |
| 5 | | objection to the petition may not be filed. |
| 6 | | (B) Objections to a petition to expunge or seal |
| 7 | | must be filed within 60 days of the date of service of |
| 8 | | the petition. |
| 9 | | (6) Entry of order. |
| 10 | | (A) The Chief Judge of the circuit wherein the |
| 11 | | charge was brought, any judge of that circuit |
| 12 | | designated by the Chief Judge, or in counties of less |
| 13 | | than 3,000,000 inhabitants, the presiding trial judge |
| 14 | | at the petitioner's trial, if any, shall rule on the |
| 15 | | petition to expunge or seal as set forth in this |
| 16 | | subsection (d)(6). |
| 17 | | (B) Unless the State's Attorney or prosecutor, the |
| 18 | | Illinois Department of
State Police, the arresting |
| 19 | | agency, or the chief legal officer
files an objection |
| 20 | | to the petition to expunge or seal within 60 days from |
| 21 | | the date of service of the petition, the court shall |
| 22 | | enter an order granting or denying the petition. |
| 23 | | (C) Notwithstanding any other provision of law, |
| 24 | | the court shall not deny a petition for sealing under |
| 25 | | this Section because the petitioner has not satisfied |
| 26 | | an outstanding legal financial obligation established, |
|
| | HB5501 | - 288 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | imposed, or originated by a court, law enforcement |
| 2 | | agency, or a municipal, State, county, or other unit |
| 3 | | of local government, including, but not limited to, |
| 4 | | any cost, assessment, fine, or fee. An outstanding |
| 5 | | legal financial obligation does not include any court |
| 6 | | ordered restitution to a victim under Section 5-5-6 of |
| 7 | | the Unified Code of Corrections, unless the |
| 8 | | restitution has been converted to a civil judgment. |
| 9 | | Nothing in this subparagraph (C) waives, rescinds, or |
| 10 | | abrogates a legal financial obligation or otherwise |
| 11 | | eliminates or affects the right of the holder of any |
| 12 | | financial obligation to pursue collection under |
| 13 | | applicable federal, State, or local law. |
| 14 | | (7) Hearings. If an objection is filed, the court |
| 15 | | shall set a date for a hearing and notify the petitioner |
| 16 | | and all parties entitled to notice of the petition of the |
| 17 | | hearing date at least 30 days prior to the hearing. Prior |
| 18 | | to the hearing, the State's Attorney shall consult with |
| 19 | | the Illinois State Police Department as to the |
| 20 | | appropriateness of the relief sought in the petition to |
| 21 | | expunge or seal. At the hearing, the court shall hear |
| 22 | | evidence on whether the petition should or should not be |
| 23 | | granted, and shall grant or deny the petition to expunge |
| 24 | | or seal the records based on the evidence presented at the |
| 25 | | hearing. The court may consider the following: |
| 26 | | (A) the strength of the evidence supporting the |
|
| | HB5501 | - 290 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in subsection (a)(1)(E)) by the arresting agency, |
| 2 | | the Illinois State Police Department, and any |
| 3 | | other agency as ordered by the court, within 60 |
| 4 | | days of the date of service of the order, unless a |
| 5 | | motion to vacate, modify, or reconsider the order |
| 6 | | is filed pursuant to paragraph (12) of subsection |
| 7 | | (d) of this Section; |
| 8 | | (ii) the records of the circuit court clerk |
| 9 | | shall be impounded until further order of the |
| 10 | | court upon good cause shown and the name of the |
| 11 | | petitioner obliterated on the official index |
| 12 | | required to be kept by the circuit court clerk |
| 13 | | under Section 16 of the Clerks of Courts Act, but |
| 14 | | the order shall not affect any index issued by the |
| 15 | | circuit court clerk before the entry of the order; |
| 16 | | and |
| 17 | | (iii) in response to an inquiry for expunged |
| 18 | | records, the court, the Illinois State Police |
| 19 | | Department, or the agency receiving such inquiry, |
| 20 | | shall reply as it does in response to inquiries |
| 21 | | when no records ever existed. |
| 22 | | (B) Upon entry of an order to expunge records |
| 23 | | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or |
| 24 | | both: |
| 25 | | (i) the records shall be expunged (as defined |
| 26 | | in subsection (a)(1)(E)) by the arresting agency |
|
| | HB5501 | - 291 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and any other agency as ordered by the court, |
| 2 | | within 60 days of the date of service of the order, |
| 3 | | unless a motion to vacate, modify, or reconsider |
| 4 | | the order is filed pursuant to paragraph (12) of |
| 5 | | subsection (d) of this Section; |
| 6 | | (ii) the records of the circuit court clerk |
| 7 | | shall be impounded until further order of the |
| 8 | | court upon good cause shown and the name of the |
| 9 | | petitioner obliterated on the official index |
| 10 | | required to be kept by the circuit court clerk |
| 11 | | under Section 16 of the Clerks of Courts Act, but |
| 12 | | the order shall not affect any index issued by the |
| 13 | | circuit court clerk before the entry of the order; |
| 14 | | (iii) the records shall be impounded by the
|
| 15 | | Illinois State Police Department within 60 days of |
| 16 | | the date of service of the order as ordered by the |
| 17 | | court, unless a motion to vacate, modify, or |
| 18 | | reconsider the order is filed pursuant to |
| 19 | | paragraph (12) of subsection (d) of this Section; |
| 20 | | (iv) records impounded by the Illinois State |
| 21 | | Police Department may be disseminated by the |
| 22 | | Illinois State Police Department only as required |
| 23 | | by law or to the arresting authority, the State's |
| 24 | | Attorney, and the court upon a later arrest for |
| 25 | | the same or a similar offense or for the purpose of |
| 26 | | sentencing for any subsequent felony, and to the |
|
| | HB5501 | - 292 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department of Corrections upon conviction for any |
| 2 | | offense; and |
| 3 | | (v) in response to an inquiry for such records |
| 4 | | from anyone not authorized by law to access such |
| 5 | | records, the court, the Illinois State Police |
| 6 | | Department, or the agency receiving such inquiry |
| 7 | | shall reply as it does in response to inquiries |
| 8 | | when no records ever existed. |
| 9 | | (B-5) Upon entry of an order to expunge records |
| 10 | | under subsection (e-6): |
| 11 | | (i) the records shall be expunged (as defined |
| 12 | | in subsection (a)(1)(E)) by the arresting agency |
| 13 | | and any other agency as ordered by the court, |
| 14 | | within 60 days of the date of service of the order, |
| 15 | | unless a motion to vacate, modify, or reconsider |
| 16 | | the order is filed under paragraph (12) of |
| 17 | | subsection (d) of this Section; |
| 18 | | (ii) the records of the circuit court clerk |
| 19 | | shall be impounded until further order of the |
| 20 | | court upon good cause shown and the name of the |
| 21 | | petitioner obliterated on the official index |
| 22 | | required to be kept by the circuit court clerk |
| 23 | | under Section 16 of the Clerks of Courts Act, but |
| 24 | | the order shall not affect any index issued by the |
| 25 | | circuit court clerk before the entry of the order; |
| 26 | | (iii) the records shall be impounded by the
|
|
| | HB5501 | - 293 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois State Police Department within 60 days of |
| 2 | | the date of service of the order as ordered by the |
| 3 | | court, unless a motion to vacate, modify, or |
| 4 | | reconsider the order is filed under paragraph (12) |
| 5 | | of subsection (d) of this Section; |
| 6 | | (iv) records impounded by the Illinois State |
| 7 | | Police Department may be disseminated by the |
| 8 | | Illinois State Police Department only as required |
| 9 | | by law or to the arresting authority, the State's |
| 10 | | Attorney, and the court upon a later arrest for |
| 11 | | the same or a similar offense or for the purpose of |
| 12 | | sentencing for any subsequent felony, and to the |
| 13 | | Department of Corrections upon conviction for any |
| 14 | | offense; and |
| 15 | | (v) in response to an inquiry for these |
| 16 | | records from anyone not authorized by law to |
| 17 | | access the records, the court, the Illinois State |
| 18 | | Police Department, or the agency receiving the |
| 19 | | inquiry shall reply as it does in response to |
| 20 | | inquiries when no records ever existed. |
| 21 | | (C) Upon entry of an order to seal records under |
| 22 | | subsection
(c), the arresting agency, any other agency |
| 23 | | as ordered by the court, the Illinois State Police |
| 24 | | Department, and the court shall seal the records (as |
| 25 | | defined in subsection (a)(1)(K)). In response to an |
| 26 | | inquiry for such records, from anyone not authorized |
|
| | HB5501 | - 294 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | by law to access such records, the court, the Illinois |
| 2 | | State Police Department, or the agency receiving such |
| 3 | | inquiry shall reply as it does in response to |
| 4 | | inquiries when no records ever existed. |
| 5 | | (D) The Illinois State Police Department shall |
| 6 | | send written notice to the petitioner of its |
| 7 | | compliance with each order to expunge or seal records |
| 8 | | within 60 days of the date of service of that order or, |
| 9 | | if a motion to vacate, modify, or reconsider is filed, |
| 10 | | within 60 days of service of the order resolving the |
| 11 | | motion, if that order requires the Illinois State |
| 12 | | Police Department to expunge or seal records. In the |
| 13 | | event of an appeal from the circuit court order, the |
| 14 | | Illinois State Police Department shall send written |
| 15 | | notice to the petitioner of its compliance with an |
| 16 | | Appellate Court or Supreme Court judgment to expunge |
| 17 | | or seal records within 60 days of the issuance of the |
| 18 | | court's mandate. The notice is not required while any |
| 19 | | motion to vacate, modify, or reconsider, or any appeal |
| 20 | | or petition for discretionary appellate review, is |
| 21 | | pending. |
| 22 | | (E) Upon motion, the court may order that a sealed |
| 23 | | judgment or other court record necessary to |
| 24 | | demonstrate the amount of any legal financial |
| 25 | | obligation due and owing be made available for the |
| 26 | | limited purpose of collecting any legal financial |
|
| | HB5501 | - 295 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | obligations owed by the petitioner that were |
| 2 | | established, imposed, or originated in the criminal |
| 3 | | proceeding for which those records have been sealed. |
| 4 | | The records made available under this subparagraph (E) |
| 5 | | shall not be entered into the official index required |
| 6 | | to be kept by the circuit court clerk under Section 16 |
| 7 | | of the Clerks of Courts Act and shall be immediately |
| 8 | | re-impounded upon the collection of the outstanding |
| 9 | | financial obligations. |
| 10 | | (F) Notwithstanding any other provision of this |
| 11 | | Section, a circuit court clerk may access a sealed |
| 12 | | record for the limited purpose of collecting payment |
| 13 | | for any legal financial obligations that were |
| 14 | | established, imposed, or originated in the criminal |
| 15 | | proceedings for which those records have been sealed. |
| 16 | | (10) Fees. The Illinois State Police Department may |
| 17 | | charge the petitioner a fee equivalent to the cost of |
| 18 | | processing any order to expunge or seal records. |
| 19 | | Notwithstanding any provision of the Clerks of Courts Act |
| 20 | | to the contrary, the circuit court clerk may charge a fee |
| 21 | | equivalent to the cost associated with the sealing or |
| 22 | | expungement of records by the circuit court clerk. From |
| 23 | | the total filing fee collected for the petition to seal or |
| 24 | | expunge, the circuit court clerk shall deposit $10 into |
| 25 | | the Circuit Court Clerk Operation and Administrative Fund, |
| 26 | | to be used to offset the costs incurred by the circuit |
|
| | HB5501 | - 296 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | court clerk in performing the additional duties required |
| 2 | | to serve the petition to seal or expunge on all parties. |
| 3 | | The circuit court clerk shall collect and remit the |
| 4 | | Illinois Department of State Police portion of the fee to |
| 5 | | the State Treasurer and it shall be deposited in the State |
| 6 | | Police Services Fund. If the record brought under an |
| 7 | | expungement petition was previously sealed under this |
| 8 | | Section, the fee for the expungement petition for that |
| 9 | | same record shall be waived. |
| 10 | | (11) Final Order. No court order issued under the |
| 11 | | expungement or sealing provisions of this Section shall |
| 12 | | become final for purposes of appeal until 30 days after |
| 13 | | service of the order on the petitioner and all parties |
| 14 | | entitled to notice of the petition. |
| 15 | | (12) Motion to Vacate, Modify, or Reconsider. Under |
| 16 | | Section 2-1203 of the Code of Civil Procedure, the |
| 17 | | petitioner or any party entitled to notice may file a |
| 18 | | motion to vacate, modify, or reconsider the order granting |
| 19 | | or denying the petition to expunge or seal within 60 days |
| 20 | | of service of the order. If filed more than 60 days after |
| 21 | | service of the order, a petition to vacate, modify, or |
| 22 | | reconsider shall comply with subsection (c) of Section |
| 23 | | 2-1401 of the Code of Civil Procedure. Upon filing of a |
| 24 | | motion to vacate, modify, or reconsider, notice of the |
| 25 | | motion shall be served upon the petitioner and all parties |
| 26 | | entitled to notice of the petition. |
|
| | HB5501 | - 297 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (13) Effect of Order. An order granting a petition |
| 2 | | under the expungement or sealing provisions of this |
| 3 | | Section shall not be considered void because it fails to |
| 4 | | comply with the provisions of this Section or because of |
| 5 | | any error asserted in a motion to vacate, modify, or |
| 6 | | reconsider. The circuit court retains jurisdiction to |
| 7 | | determine whether the order is voidable and to vacate, |
| 8 | | modify, or reconsider its terms based on a motion filed |
| 9 | | under paragraph (12) of this subsection (d). |
| 10 | | (14) Compliance with Order Granting Petition to Seal |
| 11 | | Records. Unless a court has entered a stay of an order |
| 12 | | granting a petition to seal, all parties entitled to |
| 13 | | notice of the petition must fully comply with the terms of |
| 14 | | the order within 60 days of service of the order even if a |
| 15 | | party is seeking relief from the order through a motion |
| 16 | | filed under paragraph (12) of this subsection (d) or is |
| 17 | | appealing the order. |
| 18 | | (15) Compliance with Order Granting Petition to |
| 19 | | Expunge Records. While a party is seeking relief from the |
| 20 | | order granting the petition to expunge through a motion |
| 21 | | filed under paragraph (12) of this subsection (d) or is |
| 22 | | appealing the order, and unless a court has entered a stay |
| 23 | | of that order, the parties entitled to notice of the |
| 24 | | petition must seal, but need not expunge, the records |
| 25 | | until there is a final order on the motion for relief or, |
| 26 | | in the case of an appeal, the issuance of that court's |
|
| | HB5501 | - 298 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | mandate. |
| 2 | | (16) The changes to this subsection (d) made by Public |
| 3 | | Act 98-163 apply to all petitions pending on August 5, |
| 4 | | 2013 (the effective date of Public Act 98-163) and to all |
| 5 | | orders ruling on a petition to expunge or seal on or after |
| 6 | | August 5, 2013 (the effective date of Public Act 98-163). |
| 7 | | (e) Whenever a person who has been convicted of an offense |
| 8 | | is granted
a pardon by the Governor which specifically |
| 9 | | authorizes expungement, he or she may,
upon verified petition |
| 10 | | to the Chief Judge of the circuit where the person had
been |
| 11 | | convicted, any judge of the circuit designated by the Chief |
| 12 | | Judge, or in
counties of less than 3,000,000 inhabitants, the |
| 13 | | presiding trial judge at the
defendant's trial, have a court |
| 14 | | order entered expunging the record of
arrest from the official |
| 15 | | records of the arresting authority and order that the
records |
| 16 | | of the circuit court clerk and the Illinois State Police |
| 17 | | Department be sealed until
further order of the court upon |
| 18 | | good cause shown or as otherwise provided
herein, and the name |
| 19 | | of the defendant obliterated from the official index
requested |
| 20 | | to be kept by the circuit court clerk under Section 16 of the |
| 21 | | Clerks
of Courts Act in connection with the arrest and |
| 22 | | conviction for the offense for
which he or she had been |
| 23 | | pardoned but the order shall not affect any index issued by
the |
| 24 | | circuit court clerk before the entry of the order. All records |
| 25 | | sealed by
the Illinois State Police Department may be |
| 26 | | disseminated by the Illinois State Police Department only to |
|
| | HB5501 | - 299 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the arresting authority, the State's Attorney, and the court |
| 2 | | upon a later
arrest for the same or similar offense or for the |
| 3 | | purpose of sentencing for any
subsequent felony. Upon |
| 4 | | conviction for any subsequent offense, the Department
of |
| 5 | | Corrections shall have access to all sealed records of the |
| 6 | | Illinois State Police Department
pertaining to that |
| 7 | | individual. Upon entry of the order of expungement, the
|
| 8 | | circuit court clerk shall promptly mail a copy of the order to |
| 9 | | the
person who was pardoned. |
| 10 | | (e-5) Whenever a person who has been convicted of an |
| 11 | | offense is granted a certificate of eligibility for sealing by |
| 12 | | the Prisoner Review Board which specifically authorizes |
| 13 | | sealing, he or she may, upon verified petition to the Chief |
| 14 | | Judge of the circuit where the person had been convicted, any |
| 15 | | judge of the circuit designated by the Chief Judge, or in |
| 16 | | counties of less than 3,000,000 inhabitants, the presiding |
| 17 | | trial judge at the petitioner's trial, have a court order |
| 18 | | entered sealing the record of arrest from the official records |
| 19 | | of the arresting authority and order that the records of the |
| 20 | | circuit court clerk and the Illinois State Police Department |
| 21 | | be sealed until further order of the court upon good cause |
| 22 | | shown or as otherwise provided herein, and the name of the |
| 23 | | petitioner obliterated from the official index requested to be |
| 24 | | kept by the circuit court clerk under Section 16 of the Clerks |
| 25 | | of Courts Act in connection with the arrest and conviction for |
| 26 | | the offense for which he or she had been granted the |
|
| | HB5501 | - 300 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | certificate but the order shall not affect any index issued by |
| 2 | | the circuit court clerk before the entry of the order. All |
| 3 | | records sealed by the Illinois State Police Department may be |
| 4 | | disseminated by the Illinois State Police Department only as |
| 5 | | required by this Act or to the arresting authority, a law |
| 6 | | enforcement agency, the State's Attorney, and the court upon a |
| 7 | | later arrest for the same or similar offense or for the purpose |
| 8 | | of sentencing for any subsequent felony. Upon conviction for |
| 9 | | any subsequent offense, the Department of Corrections shall |
| 10 | | have access to all sealed records of the Illinois State Police |
| 11 | | Department pertaining to that individual. Upon entry of the |
| 12 | | order of sealing, the circuit court clerk shall promptly mail |
| 13 | | a copy of the order to the person who was granted the |
| 14 | | certificate of eligibility for sealing. |
| 15 | | (e-6) Whenever a person who has been convicted of an |
| 16 | | offense is granted a certificate of eligibility for |
| 17 | | expungement by the Prisoner Review Board which specifically |
| 18 | | authorizes expungement, he or she may, upon verified petition |
| 19 | | to the Chief Judge of the circuit where the person had been |
| 20 | | convicted, any judge of the circuit designated by the Chief |
| 21 | | Judge, or in counties of less than 3,000,000 inhabitants, the |
| 22 | | presiding trial judge at the petitioner's trial, have a court |
| 23 | | order entered expunging the record of arrest from the official |
| 24 | | records of the arresting authority and order that the records |
| 25 | | of the circuit court clerk and the Illinois State Police |
| 26 | | Department be sealed until further order of the court upon |
|
| | HB5501 | - 301 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | good cause shown or as otherwise provided herein, and the name |
| 2 | | of the petitioner obliterated from the official index |
| 3 | | requested to be kept by the circuit court clerk under Section |
| 4 | | 16 of the Clerks of Courts Act in connection with the arrest |
| 5 | | and conviction for the offense for which he or she had been |
| 6 | | granted the certificate but the order shall not affect any |
| 7 | | index issued by the circuit court clerk before the entry of the |
| 8 | | order. All records sealed by the Illinois State Police |
| 9 | | Department may be disseminated by the Illinois State Police |
| 10 | | Department only as required by this Act or to the arresting |
| 11 | | authority, a law enforcement agency, the State's Attorney, and |
| 12 | | the court upon a later arrest for the same or similar offense |
| 13 | | or for the purpose of sentencing for any subsequent felony. |
| 14 | | Upon conviction for any subsequent offense, the Department of |
| 15 | | Corrections shall have access to all expunged records of the |
| 16 | | Illinois State Police Department pertaining to that |
| 17 | | individual. Upon entry of the order of expungement, the |
| 18 | | circuit court clerk shall promptly mail a copy of the order to |
| 19 | | the person who was granted the certificate of eligibility for |
| 20 | | expungement. |
| 21 | | (f) Subject to available funding, the Illinois Department
|
| 22 | | of Corrections shall conduct a study of the impact of sealing,
|
| 23 | | especially on employment and recidivism rates, utilizing a
|
| 24 | | random sample of those who apply for the sealing of their
|
| 25 | | criminal records under Public Act 93-211. At the request of |
| 26 | | the
Illinois Department of Corrections, records of the |
|
| | HB5501 | - 302 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois
Department of Employment Security shall be utilized |
| 2 | | as
appropriate to assist in the study. The study shall not
|
| 3 | | disclose any data in a manner that would allow the
|
| 4 | | identification of any particular individual or employing unit.
|
| 5 | | The study shall be made available to the General Assembly no
|
| 6 | | later than September 1, 2010.
|
| 7 | | (g) Immediate Sealing. |
| 8 | | (1) Applicability. Notwithstanding any other provision |
| 9 | | of this Act to the contrary, and cumulative with any |
| 10 | | rights to expungement or sealing of criminal records, this |
| 11 | | subsection authorizes the immediate sealing of criminal |
| 12 | | records of adults and of minors prosecuted as adults. |
| 13 | | (2) Eligible Records. Arrests or charges not initiated |
| 14 | | by arrest resulting in acquittal or dismissal with |
| 15 | | prejudice, except as excluded by subsection (a)(3)(B), |
| 16 | | that occur on or after January 1, 2018 (the effective date |
| 17 | | of Public Act 100-282), may be sealed immediately if the |
| 18 | | petition is filed with the circuit court clerk on the same |
| 19 | | day and during the same hearing in which the case is |
| 20 | | disposed. |
| 21 | | (3) When Records are Eligible to be Immediately |
| 22 | | Sealed. Eligible records under paragraph (2) of this |
| 23 | | subsection (g) may be sealed immediately after entry of |
| 24 | | the final disposition of a case, notwithstanding the |
| 25 | | disposition of other charges in the same case. |
| 26 | | (4) Notice of Eligibility for Immediate Sealing. Upon |
|
| | HB5501 | - 303 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | entry of a disposition for an eligible record under this |
| 2 | | subsection (g), the defendant shall be informed by the |
| 3 | | court of his or her right to have eligible records |
| 4 | | immediately sealed and the procedure for the immediate |
| 5 | | sealing of these records. |
| 6 | | (5) Procedure. The following procedures apply to |
| 7 | | immediate sealing under this subsection (g). |
| 8 | | (A) Filing the Petition. Upon entry of the final |
| 9 | | disposition of the case, the defendant's attorney may |
| 10 | | immediately petition the court, on behalf of the |
| 11 | | defendant, for immediate sealing of eligible records |
| 12 | | under paragraph (2) of this subsection (g) that are |
| 13 | | entered on or after January 1, 2018 (the effective |
| 14 | | date of Public Act 100-282). The immediate sealing |
| 15 | | petition may be filed with the circuit court clerk |
| 16 | | during the hearing in which the final disposition of |
| 17 | | the case is entered. If the defendant's attorney does |
| 18 | | not file the petition for immediate sealing during the |
| 19 | | hearing, the defendant may file a petition for sealing |
| 20 | | at any time as authorized under subsection (c)(3)(A). |
| 21 | | (B) Contents of Petition. The immediate sealing |
| 22 | | petition shall be verified and shall contain the |
| 23 | | petitioner's name, date of birth, current address, and |
| 24 | | for each eligible record, the case number, the date of |
| 25 | | arrest if applicable, the identity of the arresting |
| 26 | | authority if applicable, and other information as the |
|
| | HB5501 | - 305 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this Section. |
| 2 | | (J) Final Order. No court order issued under this |
| 3 | | subsection (g) shall become final for purposes of |
| 4 | | appeal until 30 days after service of the order on the |
| 5 | | petitioner and all parties entitled to service of the |
| 6 | | order in conformance with subsection (d)(8). |
| 7 | | (K) Motion to Vacate, Modify, or Reconsider. Under |
| 8 | | Section 2-1203 of the Code of Civil Procedure, the |
| 9 | | petitioner, State's Attorney, or the Illinois |
| 10 | | Department of State Police may file a motion to |
| 11 | | vacate, modify, or reconsider the order denying the |
| 12 | | petition to immediately seal within 60 days of service |
| 13 | | of the order. If filed more than 60 days after service |
| 14 | | of the order, a petition to vacate, modify, or |
| 15 | | reconsider shall comply with subsection (c) of Section |
| 16 | | 2-1401 of the Code of Civil Procedure. |
| 17 | | (L) Effect of Order. An order granting an |
| 18 | | immediate sealing petition shall not be considered |
| 19 | | void because it fails to comply with the provisions of |
| 20 | | this Section or because of an error asserted in a |
| 21 | | motion to vacate, modify, or reconsider. The circuit |
| 22 | | court retains jurisdiction to determine whether the |
| 23 | | order is voidable, and to vacate, modify, or |
| 24 | | reconsider its terms based on a motion filed under |
| 25 | | subparagraph (L) of this subsection (g). |
| 26 | | (M) Compliance with Order Granting Petition to |
|
| | HB5501 | - 306 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Seal Records. Unless a court has entered a stay of an |
| 2 | | order granting a petition to immediately seal, all |
| 3 | | parties entitled to service of the order must fully |
| 4 | | comply with the terms of the order within 60 days of |
| 5 | | service of the order. |
| 6 | | (h) Sealing; trafficking victims. |
| 7 | | (1) A trafficking victim as defined by paragraph (10) |
| 8 | | of subsection (a) of Section 10-9 of the Criminal Code of |
| 9 | | 2012 shall be eligible to petition for immediate sealing |
| 10 | | of his or her criminal record upon the completion of his or |
| 11 | | her last sentence if his or her participation in the |
| 12 | | underlying offense was a direct result of human |
| 13 | | trafficking under Section 10-9 of the Criminal Code of |
| 14 | | 2012 or a severe form of trafficking under the federal |
| 15 | | Trafficking Victims Protection Act. |
| 16 | | (2) A petitioner under this subsection (h), in |
| 17 | | addition to the requirements provided under paragraph (4) |
| 18 | | of subsection (d) of this Section, shall include in his or |
| 19 | | her petition a clear and concise statement that: (A) he or |
| 20 | | she was a victim of human trafficking at the time of the |
| 21 | | offense; and (B) that his or her participation in the |
| 22 | | offense was a direct result of human trafficking under |
| 23 | | Section 10-9 of the Criminal Code of 2012 or a severe form |
| 24 | | of trafficking under the federal Trafficking Victims |
| 25 | | Protection Act. |
| 26 | | (3) If an objection is filed alleging that the |
|
| | HB5501 | - 307 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | petitioner is not entitled to immediate sealing under this |
| 2 | | subsection (h), the court shall conduct a hearing under |
| 3 | | paragraph (7) of subsection (d) of this Section and the |
| 4 | | court shall determine whether the petitioner is entitled |
| 5 | | to immediate sealing under this subsection (h). A |
| 6 | | petitioner is eligible for immediate relief under this |
| 7 | | subsection (h) if he or she shows, by a preponderance of |
| 8 | | the evidence, that: (A) he or she was a victim of human |
| 9 | | trafficking at the time of the offense; and (B) that his or |
| 10 | | her participation in the offense was a direct result of |
| 11 | | human trafficking under Section 10-9 of the Criminal Code |
| 12 | | of 2012 or a severe form of trafficking under the federal |
| 13 | | Trafficking Victims Protection Act. |
| 14 | | (i) Minor Cannabis Offenses under the Cannabis Control |
| 15 | | Act. |
| 16 | | (1) Expungement of Arrest Records of Minor Cannabis |
| 17 | | Offenses. |
| 18 | | (A) The Illinois Department of State Police and |
| 19 | | all law enforcement agencies within the State shall |
| 20 | | automatically expunge all criminal history records of |
| 21 | | an arrest, charge not initiated by arrest, order of |
| 22 | | supervision, or order of qualified probation for a |
| 23 | | Minor Cannabis Offense committed prior to June 25, |
| 24 | | 2019 (the effective date of Public Act 101-27) if: |
| 25 | | (i) One year or more has elapsed since the |
| 26 | | date of the arrest or law enforcement interaction |
|
| | HB5501 | - 308 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | documented in the records; and |
| 2 | | (ii) No criminal charges were filed relating |
| 3 | | to the arrest or law enforcement interaction or |
| 4 | | criminal charges were filed and subsequently |
| 5 | | dismissed or vacated or the arrestee was |
| 6 | | acquitted. |
| 7 | | (B) If the law enforcement agency is unable to |
| 8 | | verify satisfaction of condition (ii) in paragraph |
| 9 | | (A), records that satisfy condition (i) in paragraph |
| 10 | | (A) shall be automatically expunged. |
| 11 | | (C) Records shall be expunged by the law |
| 12 | | enforcement agency under the following timelines: |
| 13 | | (i) Records created prior to June 25, 2019 |
| 14 | | (the effective date of Public Act 101-27), but on |
| 15 | | or after January 1, 2013, shall be automatically |
| 16 | | expunged prior to January 1, 2021; |
| 17 | | (ii) Records created prior to January 1, 2013, |
| 18 | | but on or after January 1, 2000, shall be |
| 19 | | automatically expunged prior to January 1, 2023; |
| 20 | | (iii) Records created prior to January 1, 2000 |
| 21 | | shall be automatically expunged prior to January |
| 22 | | 1, 2025. |
| 23 | | In response to an inquiry for expunged records, |
| 24 | | the law enforcement agency receiving such inquiry |
| 25 | | shall reply as it does in response to inquiries when no |
| 26 | | records ever existed; however, it shall provide a |
|
| | HB5501 | - 310 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (B) Within 180 days after June 25, 2019 (the |
| 2 | | effective date of Public Act 101-27), the Department |
| 3 | | of State Police shall notify the Prisoner Review Board |
| 4 | | of all such records that meet the criteria established |
| 5 | | in paragraph (2)(A). |
| 6 | | (i) The Prisoner Review Board shall notify the |
| 7 | | State's Attorney of the county of conviction of |
| 8 | | each record identified by State Police in |
| 9 | | paragraph (2)(A) that is classified as a Class 4 |
| 10 | | felony. The State's Attorney may provide a written |
| 11 | | objection to the Prisoner Review Board on the sole |
| 12 | | basis that the record identified does not meet the |
| 13 | | criteria established in paragraph (2)(A). Such an |
| 14 | | objection must be filed within 60 days or by such |
| 15 | | later date set by the Prisoner Review Board in the |
| 16 | | notice after the State's Attorney received notice |
| 17 | | from the Prisoner Review Board. |
| 18 | | (ii) In response to a written objection from a |
| 19 | | State's Attorney, the Prisoner Review Board is |
| 20 | | authorized to conduct a non-public hearing to |
| 21 | | evaluate the information provided in the |
| 22 | | objection. |
| 23 | | (iii) The Prisoner Review Board shall make a |
| 24 | | confidential and privileged recommendation to the |
| 25 | | Governor as to whether to grant a pardon |
| 26 | | authorizing expungement for each of the records |
|
| | HB5501 | - 311 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | identified by the Department of State Police as |
| 2 | | described in paragraph (2)(A). |
| 3 | | (C) If an individual has been granted a pardon |
| 4 | | authorizing expungement as described in this Section, |
| 5 | | the Prisoner Review Board, through the Attorney |
| 6 | | General, shall file a petition for expungement with |
| 7 | | the Chief Judge of the circuit or any judge of the |
| 8 | | circuit designated by the Chief Judge where the |
| 9 | | individual had been convicted. Such petition may |
| 10 | | include more than one individual. Whenever an |
| 11 | | individual who has been convicted of an offense is |
| 12 | | granted a pardon by the Governor that specifically |
| 13 | | authorizes expungement, an objection to the petition |
| 14 | | may not be filed. Petitions to expunge under this |
| 15 | | subsection (i) may include more than one individual. |
| 16 | | Within 90 days of the filing of such a petition, the |
| 17 | | court shall enter an order expunging the records of |
| 18 | | arrest from the official records of the arresting |
| 19 | | authority and order that the records of the circuit |
| 20 | | court clerk and the Illinois Department of State |
| 21 | | Police be expunged and the name of the defendant |
| 22 | | obliterated from the official index requested to be |
| 23 | | kept by the circuit court clerk under Section 16 of the |
| 24 | | Clerks of Courts Act in connection with the arrest and |
| 25 | | conviction for the offense for which the individual |
| 26 | | had received a pardon but the order shall not affect |
|
| | HB5501 | - 312 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any index issued by the circuit court clerk before the |
| 2 | | entry of the order. Upon entry of the order of |
| 3 | | expungement, the circuit court clerk shall promptly |
| 4 | | provide a copy of the order and a certificate of |
| 5 | | disposition to the individual who was pardoned to the |
| 6 | | individual's last known address or by electronic means |
| 7 | | (if available) or otherwise make it available to the |
| 8 | | individual upon request. |
| 9 | | (D) Nothing in this Section is intended to |
| 10 | | diminish or abrogate any rights or remedies otherwise |
| 11 | | available to the individual. |
| 12 | | (3) Any individual may file a motion to vacate and |
| 13 | | expunge a conviction for a misdemeanor or Class 4 felony |
| 14 | | violation of Section 4 or Section 5 of the Cannabis |
| 15 | | Control Act. Motions to vacate and expunge under this |
| 16 | | subsection (i) may be filed with the circuit court, Chief |
| 17 | | Judge of a judicial circuit or any judge of the circuit |
| 18 | | designated by the Chief Judge. The circuit court clerk |
| 19 | | shall promptly serve a copy of the motion to vacate and |
| 20 | | expunge, and any supporting documentation, on the State's |
| 21 | | Attorney or prosecutor charged with the duty of |
| 22 | | prosecuting the offense. When considering such a motion to |
| 23 | | vacate and expunge, a court shall consider the following: |
| 24 | | the reasons to retain the records provided by law |
| 25 | | enforcement, the petitioner's age, the petitioner's age at |
| 26 | | the time of offense, the time since the conviction, and |
|
| | HB5501 | - 313 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the specific adverse consequences if denied. An individual |
| 2 | | may file such a petition after the completion of any |
| 3 | | non-financial sentence or non-financial condition imposed |
| 4 | | by the conviction. Within 60 days of the filing of such |
| 5 | | motion, a State's Attorney may file an objection to such a |
| 6 | | petition along with supporting evidence. If a motion to |
| 7 | | vacate and expunge is granted, the records shall be |
| 8 | | expunged in accordance with subparagraphs (d)(8) and |
| 9 | | (d)(9)(A) of this Section. An agency providing civil legal |
| 10 | | aid, as defined by Section 15 of the Public Interest |
| 11 | | Attorney Assistance Act, assisting individuals seeking to |
| 12 | | file a motion to vacate and expunge under this subsection |
| 13 | | may file motions to vacate and expunge with the Chief |
| 14 | | Judge of a judicial circuit or any judge of the circuit |
| 15 | | designated by the Chief Judge, and the motion may include |
| 16 | | more than one individual. Motions filed by an agency |
| 17 | | providing civil legal aid concerning more than one |
| 18 | | individual may be prepared, presented, and signed |
| 19 | | electronically. |
| 20 | | (4) Any State's Attorney may file a motion to vacate |
| 21 | | and expunge a conviction for a misdemeanor or Class 4 |
| 22 | | felony violation of Section 4 or Section 5 of the Cannabis |
| 23 | | Control Act. Motions to vacate and expunge under this |
| 24 | | subsection (i) may be filed with the circuit court, Chief |
| 25 | | Judge of a judicial circuit or any judge of the circuit |
| 26 | | designated by the Chief Judge, and may include more than |
|
| | HB5501 | - 314 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | one individual. Motions filed by a State's Attorney |
| 2 | | concerning more than one individual may be prepared, |
| 3 | | presented, and signed electronically. When considering |
| 4 | | such a motion to vacate and expunge, a court shall |
| 5 | | consider the following: the reasons to retain the records |
| 6 | | provided by law enforcement, the individual's age, the |
| 7 | | individual's age at the time of offense, the time since |
| 8 | | the conviction, and the specific adverse consequences if |
| 9 | | denied. Upon entry of an order granting a motion to vacate |
| 10 | | and expunge records pursuant to this Section, the State's |
| 11 | | Attorney shall notify the Prisoner Review Board within 30 |
| 12 | | days. Upon entry of the order of expungement, the circuit |
| 13 | | court clerk shall promptly provide a copy of the order and |
| 14 | | a certificate of disposition to the individual whose |
| 15 | | records will be expunged to the individual's last known |
| 16 | | address or by electronic means (if available) or otherwise |
| 17 | | make available to the individual upon request. If a motion |
| 18 | | to vacate and expunge is granted, the records shall be |
| 19 | | expunged in accordance with subparagraphs (d)(8) and |
| 20 | | (d)(9)(A) of this Section. |
| 21 | | (5) In the public interest, the State's Attorney of a |
| 22 | | county has standing to file motions to vacate and expunge |
| 23 | | pursuant to this Section in the circuit court with |
| 24 | | jurisdiction over the underlying conviction. |
| 25 | | (6) If a person is arrested for a Minor Cannabis |
| 26 | | Offense as defined in this Section before June 25, 2019 |
|
| | HB5501 | - 315 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (the effective date of Public Act 101-27) and the person's |
| 2 | | case is still pending but a sentence has not been imposed, |
| 3 | | the person may petition the court in which the charges are |
| 4 | | pending for an order to summarily dismiss those charges |
| 5 | | against him or her, and expunge all official records of |
| 6 | | his or her arrest, plea, trial, conviction, incarceration, |
| 7 | | supervision, or expungement. If the court determines, upon |
| 8 | | review, that:
(A) the person was arrested before June 25, |
| 9 | | 2019 (the effective date of Public Act 101-27) for an |
| 10 | | offense that has been made eligible for expungement;
(B) |
| 11 | | the case is pending at the time; and
(C) the person has not |
| 12 | | been sentenced of the minor cannabis violation eligible |
| 13 | | for expungement under this subsection, the court shall |
| 14 | | consider the following: the reasons to retain the records |
| 15 | | provided by law enforcement, the petitioner's age, the |
| 16 | | petitioner's age at the time of offense, the time since |
| 17 | | the conviction, and the specific adverse consequences if |
| 18 | | denied. If a motion to dismiss and expunge is granted, the |
| 19 | | records shall be expunged in accordance with subparagraph |
| 20 | | (d)(9)(A) of this Section. |
| 21 | | (7) A person imprisoned solely as a result of one or |
| 22 | | more convictions for Minor Cannabis Offenses under this |
| 23 | | subsection (i) shall be released from incarceration upon |
| 24 | | the issuance of an order under this subsection. |
| 25 | | (8) The Illinois Department of State Police shall |
| 26 | | allow a person to use the access and review process, |
|
| | HB5501 | - 316 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | established in the Illinois Department of State Police, |
| 2 | | for verifying that his or her records relating to Minor |
| 3 | | Cannabis Offenses of the Cannabis Control Act eligible |
| 4 | | under this Section have been expunged. |
| 5 | | (9) No conviction vacated pursuant to this Section |
| 6 | | shall serve as the basis for damages for time unjustly |
| 7 | | served as provided in the Court of Claims Act. |
| 8 | | (10) Effect of Expungement. A person's right to |
| 9 | | expunge an expungeable offense shall not be limited under |
| 10 | | this Section. The effect of an order of expungement shall |
| 11 | | be to restore the person to the status he or she occupied |
| 12 | | before the arrest, charge, or conviction. |
| 13 | | (11) Information. The Illinois Department of State |
| 14 | | Police shall post general information on its website about |
| 15 | | the expungement process described in this subsection (i). |
| 16 | | (j) Felony Prostitution Convictions. |
| 17 | | (1) Any individual may file a motion to vacate and |
| 18 | | expunge a conviction for a prior Class 4 felony violation |
| 19 | | of prostitution. Motions to vacate and expunge under this |
| 20 | | subsection (j) may be filed with the circuit court, Chief |
| 21 | | Judge of a judicial circuit, or any judge of the circuit |
| 22 | | designated by the Chief Judge. When considering the motion |
| 23 | | to vacate and expunge, a court shall consider the |
| 24 | | following: |
| 25 | | (A) the reasons to retain the records provided by |
| 26 | | law enforcement; |
|
| | HB5501 | - 317 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (B) the petitioner's age; |
| 2 | | (C) the petitioner's age at the time of offense; |
| 3 | | and |
| 4 | | (D) the time since the conviction, and the |
| 5 | | specific adverse consequences if denied. An individual |
| 6 | | may file the petition after the completion of any |
| 7 | | sentence or condition imposed by the conviction. |
| 8 | | Within 60 days of the filing of the motion, a State's |
| 9 | | Attorney may file an objection to the petition along |
| 10 | | with supporting evidence. If a motion to vacate and |
| 11 | | expunge is granted, the records shall be expunged in |
| 12 | | accordance with subparagraph (d)(9)(A) of this |
| 13 | | Section. An agency providing civil legal aid, as |
| 14 | | defined in Section 15 of the Public Interest Attorney |
| 15 | | Assistance Act, assisting individuals seeking to file |
| 16 | | a motion to vacate and expunge under this subsection |
| 17 | | may file motions to vacate and expunge with the Chief |
| 18 | | Judge of a judicial circuit or any judge of the circuit |
| 19 | | designated by the Chief Judge, and the motion may |
| 20 | | include more than one individual. |
| 21 | | (2) Any State's Attorney may file a motion to vacate |
| 22 | | and expunge a conviction for a Class 4 felony violation of |
| 23 | | prostitution. Motions to vacate and expunge under this |
| 24 | | subsection (j) may be filed with the circuit court, Chief |
| 25 | | Judge of a judicial circuit, or any judge of the circuit |
| 26 | | court designated by the Chief Judge, and may include more |
|
| | HB5501 | - 318 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | than one individual. When considering the motion to vacate |
| 2 | | and expunge, a court shall consider the following reasons: |
| 3 | | (A) the reasons to retain the records provided by |
| 4 | | law enforcement; |
| 5 | | (B) the petitioner's age; |
| 6 | | (C) the petitioner's age at the time of offense; |
| 7 | | (D) the time since the conviction; and |
| 8 | | (E) the specific adverse consequences if denied. |
| 9 | | If the State's Attorney files a motion to vacate and |
| 10 | | expunge records for felony prostitution convictions |
| 11 | | pursuant to this Section, the State's Attorney shall |
| 12 | | notify the Prisoner Review Board within 30 days of the |
| 13 | | filing. If a motion to vacate and expunge is granted, the |
| 14 | | records shall be expunged in accordance with subparagraph |
| 15 | | (d)(9)(A) of this Section. |
| 16 | | (3) In the public interest, the State's Attorney of a |
| 17 | | county has standing to file motions to vacate and expunge |
| 18 | | pursuant to this Section in the circuit court with |
| 19 | | jurisdiction over the underlying conviction. |
| 20 | | (4) The Illinois State Police shall allow a person to |
| 21 | | a use the access and review process, established in the |
| 22 | | Illinois State Police, for verifying that his or her |
| 23 | | records relating to felony prostitution eligible under |
| 24 | | this Section have been expunged. |
| 25 | | (5) No conviction vacated pursuant to this Section |
| 26 | | shall serve as the basis for damages for time unjustly |
|
| | HB5501 | - 319 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | served as provided in the Court of Claims Act. |
| 2 | | (6) Effect of Expungement. A person's right to expunge |
| 3 | | an expungeable offense shall not be limited under this |
| 4 | | Section. The effect of an order of expungement shall be to |
| 5 | | restore the person to the status he or she occupied before |
| 6 | | the arrest, charge, or conviction. |
| 7 | | (7) Information. The Illinois State Police shall post |
| 8 | | general information on its website about the expungement |
| 9 | | process described in this subsection (j). |
| 10 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
| 11 | | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. |
| 12 | | 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; |
| 13 | | 102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
|
| 14 | | Section 185. The Department of Veterans' Affairs Act is |
| 15 | | amended by changing Sections 2.01a and 2.04 as follows:
|
| 16 | | (20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)
|
| 17 | | Sec. 2.01a. Members benefits fund; personal property. The
|
| 18 | | Department
shall direct the expenditure of all money which
has |
| 19 | | been or may be received by any officer of an Illinois Veterans |
| 20 | | Home
including profit on sales from commissary stores. The |
| 21 | | money shall be deposited
into the members benefits fund and |
| 22 | | expenditures from the fund
shall be made
under the direction |
| 23 | | of the Department for the special comfort, pleasure, and
|
| 24 | | amusement of residents and employees, provided that amounts |
|
| | HB5501 | - 320 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | expended for
comfort, pleasure,
and amusement of employees |
| 2 | | shall not exceed the amount of profits derived from
sales made |
| 3 | | to employees by such commissaries, as determined by the |
| 4 | | Department. The Department may also make expenditures from the |
| 5 | | fund, subject to approval by the Director of Veterans' |
| 6 | | Affairs, for recognition and appreciation programs for |
| 7 | | volunteers who assist the Veterans Homes.
Expenditures from |
| 8 | | the fund may not be used to supplement a
shortfall in the |
| 9 | | ordinary and contingent operating expenses of the Home and
|
| 10 | | shall be expended only for the special comfort, pleasure, and |
| 11 | | amusement of the
residents.
|
| 12 | | The Department shall prepare a quarterly report on all |
| 13 | | locally held locally-held
member's benefits funds from each |
| 14 | | Illinois Veterans Home. The report shall contain the amount of |
| 15 | | donations received for each veterans' home, including monetary |
| 16 | | and nonmonetary items, the expenditures and items disbursed |
| 17 | | dispersed, and the end of quarter balance of the locally held |
| 18 | | locally-held
member's benefits funds. The Department shall |
| 19 | | submit the quarterly report to the General Assembly and to the |
| 20 | | Governor and publish the report on its website. |
| 21 | | Money received as interest and income on funds deposited |
| 22 | | for residents
of an Illinois Veterans Home shall be paid to the |
| 23 | | individual accounts of the residents.
If home residents choose |
| 24 | | to hold savings accounts or other
investments outside the |
| 25 | | Home, interest or income on the individual savings
accounts or |
| 26 | | investments of residents shall
accrue
to the individual |
|
| | HB5501 | - 321 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | accounts of the residents.
|
| 2 | | Any money belonging to residents separated by death, |
| 3 | | discharge, or
unauthorized absence from an Illinois Veterans |
| 4 | | Home, in custody of officers
thereof, may, if unclaimed by the |
| 5 | | resident or the legal
representatives thereof for a period of |
| 6 | | 2 years, be expended at the
direction of the Department for the |
| 7 | | purposes and in the manner specified
above. Articles of |
| 8 | | personal property, with the exception of clothing left
in the |
| 9 | | custody of officers, shall, if unclaimed for the period of
2 |
| 10 | | years, be sold and the money disposed of in the same manner.
|
| 11 | | Clothing left at a Home by residents at the time of |
| 12 | | separation
may be used as determined by the Home if unclaimed |
| 13 | | by the resident
or legal representatives thereof within 30 |
| 14 | | days after notification.
|
| 15 | | (Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)
|
| 16 | | (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
|
| 17 | | Sec. 2.04.
There shall be established in the State |
| 18 | | Treasury special funds
known as (i) the LaSalle Veterans Home |
| 19 | | Fund, (ii) the Anna Veterans Home Fund,
(iii) the Manteno |
| 20 | | Veterans Home Fund, and (iv) the Quincy Veterans Home
Fund.
|
| 21 | | All moneys received by an Illinois Veterans Home from Medicare |
| 22 | | and from
maintenance charges to veterans, spouses, and |
| 23 | | surviving spouses residing at
that Home shall be paid into |
| 24 | | that Home's Fund. All moneys
received from the
U.S. Department |
| 25 | | of Veterans Affairs for patient care shall be transmitted to
|
|
| | HB5501 | - 322 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Treasurer of the State for deposit in the Veterans Home |
| 2 | | Fund for the Home
in which the veteran resides. Appropriations |
| 3 | | shall be made from a Fund only
for the needs of the Home, |
| 4 | | including capital improvements, building
rehabilitation, and |
| 5 | | repairs. The Illinois Veterans' Homes Fund shall be the |
| 6 | | Veterans Home Fund for the Illinois Veterans Home at Chicago.
|
| 7 | | The administrator of each Veterans Home shall establish a |
| 8 | | locally held
locally-held
member's benefits fund. The Director |
| 9 | | may authorize the Veterans Home to conduct limited fundraising |
| 10 | | in accordance with applicable laws and regulations for which |
| 11 | | the sole purpose is to benefit the Veterans Home's member's |
| 12 | | benefits fund. Revenues accruing to an Illinois Veterans Home,
|
| 13 | | including any donations, grants for the operation of the Home, |
| 14 | | profits from
commissary stores, and funds received from any |
| 15 | | individual or other source, including limited fundraising,
|
| 16 | | shall be deposited into that Home's benefits fund. |
| 17 | | Expenditures from the benefits funds
shall
be solely for the |
| 18 | | special comfort, pleasure, and amusement of residents.
|
| 19 | | Contributors of unsolicited private donations may specify the |
| 20 | | purpose for which
the private donations are to be used.
|
| 21 | | Upon request of the Department, the State's Attorney of |
| 22 | | the county in which
a resident or living former resident of an |
| 23 | | Illinois Veterans Home
who is liable under this Act
for |
| 24 | | payment of sums representing maintenance charges resides shall |
| 25 | | file
an action in a court of competent jurisdiction against |
| 26 | | any such person who
fails or refuses to pay such sums. The |
|
| | HB5501 | - 323 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | court may order the payment of sums
due to maintenance charges |
| 2 | | for such period or periods of time as the
circumstances |
| 3 | | require.
|
| 4 | | Upon the death of a person who is or has been a resident of |
| 5 | | an
Illinois Veterans Home who is
liable for maintenance |
| 6 | | charges and who is possessed of property, the
Department may |
| 7 | | present a claim for such sum or for the balance due in
case |
| 8 | | less than the rate prescribed under this Act has been paid. The
|
| 9 | | claim shall be allowed and paid as other lawful claims against |
| 10 | | the estate.
|
| 11 | | The administrator of each Veterans Home shall establish a |
| 12 | | locally held
locally-held
trust fund to maintain moneys held |
| 13 | | for residents. Whenever the Department
finds it necessary to |
| 14 | | preserve order,
preserve health, or enforce discipline, the |
| 15 | | resident shall deposit in a
trust account at the Home such |
| 16 | | monies from any source of income as may
be determined |
| 17 | | necessary, and disbursement of these funds to the resident
|
| 18 | | shall be made only by direction of the administrator.
|
| 19 | | If a resident of an Illinois Veterans Home has a
dependent |
| 20 | | child, spouse, or parent the administrator may
require that |
| 21 | | all monies
received be deposited in a trust account with |
| 22 | | dependency contributions
being made at the direction of the |
| 23 | | administrator. The balance retained
in the trust account shall |
| 24 | | be disbursed to the resident at the time of
discharge from the |
| 25 | | Home or to his or her heirs or legal representative
at the time |
| 26 | | of the resident's death, subject to Department regulations
or |
|
| | HB5501 | - 324 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | order of the court.
|
| 2 | | The Director of Central Management Services, with the
|
| 3 | | consent of the Director of Veterans' Affairs, is authorized
|
| 4 | | and empowered to lease or let any real property held by the |
| 5 | | Department of
Veterans' Affairs for an Illinois Veterans Home |
| 6 | | to entities or
persons upon terms and conditions which are |
| 7 | | considered to be in the best
interest of that Home. The real |
| 8 | | property must not be needed for any direct
or immediate |
| 9 | | purpose of the Home. In any leasing or letting, primary
|
| 10 | | consideration shall be given to the use of real property for |
| 11 | | agricultural
purposes, and all moneys received shall be |
| 12 | | transmitted to the Treasurer of
the State for deposit in the |
| 13 | | appropriate Veterans Home Fund. |
| 14 | | Each administrator of an Illinois Veterans Home who has an |
| 15 | | established locally held locally-held
member's benefits fund |
| 16 | | shall prepare and submit to the Department a monthly report of |
| 17 | | all donations received, including donations of a nonmonetary |
| 18 | | nature. The report shall include the end of month balance of |
| 19 | | the locally held locally-held
member's benefits fund.
|
| 20 | | (Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)
|
| 21 | | Section 190. The State Fire Marshal Act is amended by |
| 22 | | changing Section 3 as follows:
|
| 23 | | (20 ILCS 2905/3) (from Ch. 127 1/2, par. 3)
|
| 24 | | Sec. 3.
There is created the Illinois Fire Advisory |
|
| | HB5501 | - 325 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Commission which
shall advise the Office in the exercise of |
| 2 | | its powers and duties. The
Commission shall be appointed by |
| 3 | | the Governor as follows: |
| 4 | | (1) 3 professional, full-time paid firefighters; |
| 5 | | (2) one volunteer firefighter; |
| 6 | | (3) one Fire Protection Engineer who is registered in
|
| 7 | | Illinois; |
| 8 | | (4) one person who is a representative of the fire |
| 9 | | insurance industry in Illinois; |
| 10 | | (5) one person who is a representative of a
registered |
| 11 | | United States Department of Labor
apprenticeship program |
| 12 | | primarily instructing
in the installation and repair of
|
| 13 | | fire extinguishing systems; |
| 14 | | (6) one licensed operating or stationary engineer who
|
| 15 | | has an associate degree in facilities engineering
|
| 16 | | technology and has knowledge of the operation and
|
| 17 | | maintenance of fire alarm and fire
extinguishing systems |
| 18 | | primarily for the life safety of
occupants in a variety of |
| 19 | | commercial or residential
structures; and |
| 20 | | (7) 3 persons with an interest in and knowledgeable
|
| 21 | | about fire prevention methods.
|
| 22 | | In addition, the following shall serve as ex officio |
| 23 | | members of the
Commission: the Chicago Fire Commissioner, or |
| 24 | | his or her designee; the
executive officer, or his or her |
| 25 | | designee, of each of the following
organizations: the Illinois |
| 26 | | Fire Chiefs Association, the Illinois Fire
Protection District |
|
| | HB5501 | - 326 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Association, the Illinois Fire Inspectors
Association, the |
| 2 | | Illinois Professional Firefighters Association, the
Illinois |
| 3 | | Firemen's Association, the Associated Firefighters of |
| 4 | | Illinois,
the Illinois Society of Fire Service Instructors, |
| 5 | | the Illinois Chapter of the International Association of Arson |
| 6 | | Investigators, the Mutual Aid Box Alarm System (MABAS) |
| 7 | | Illinois,
and the Fire Service Institute, University of |
| 8 | | Illinois.
|
| 9 | | The Governor shall designate, at the time of appointment, |
| 10 | | 3 members
to serve terms expiring on the third Monday in |
| 11 | | January, 1979; 3 members
to serve terms expiring the third |
| 12 | | Monday in January, 1980; and 2 members
to serve terms expiring |
| 13 | | the third Monday in January, 1981. The
additional member |
| 14 | | appointed by the Governor pursuant to Public Act 85-718 shall |
| 15 | | serve for a term expiring the third Monday in January, 1990. |
| 16 | | Thereafter,
all terms shall be for 3 years. A member shall |
| 17 | | serve until his or her
successor is appointed and qualified. A |
| 18 | | vacancy shall be filled for the
unexpired term.
|
| 19 | | The Governor shall designate one of the appointed members |
| 20 | | to be
chairperson of the Commission.
|
| 21 | | Members shall serve without compensation but shall be |
| 22 | | reimbursed for
their actual reasonable expenses incurred in |
| 23 | | the performance of their
duties.
|
| 24 | | (Source: P.A. 101-234, eff. 8-9-19; 102-269, eff. 8-6-21; |
| 25 | | 102-558, eff. 8-20-21; revised 10-5-21.)
|
|
| | HB5501 | - 327 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 195. The Energy
Efficient Building Act is amended |
| 2 | | by changing Sections 10, 15, and 30 as follows:
|
| 3 | | (20 ILCS 3125/10) |
| 4 | | Sec. 10. Definitions.
|
| 5 | | "Agency" means the Environmental Protection Agency. |
| 6 | | "Board" means the Capital Development Board.
|
| 7 | | "Building" includes both residential buildings and |
| 8 | | commercial buildings.
|
| 9 | | "Code" means the latest published edition of the |
| 10 | | International Code Council's International Energy Conservation |
| 11 | | Code as adopted by the Board, including any published |
| 12 | | supplements adopted by the Board and any amendments and |
| 13 | | adaptations to the Code that are made by the
Board.
|
| 14 | | "Commercial building" means any building except a building |
| 15 | | that is a residential building, as defined in this Section. |
| 16 | | "Municipality" means any city, village, or incorporated |
| 17 | | town.
|
| 18 | | "Residential building" means (i) a detached one-family or |
| 19 | | 2-family dwelling or (ii) any building that is 3 stories or |
| 20 | | less in height above grade that contains multiple dwelling |
| 21 | | units, in which the occupants reside on a primarily permanent |
| 22 | | basis, such as a townhouse, a row house, an apartment house, a |
| 23 | | convent, a monastery, a rectory, a fraternity or sorority |
| 24 | | house, a dormitory, and a rooming house; provided, however, |
| 25 | | that when applied to a building located within the boundaries |
|
| | HB5501 | - 328 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of a municipality having a population of 1,000,000 or more, |
| 2 | | the term "residential building" means a building containing |
| 3 | | one or more dwelling units, not exceeding 4 stories above |
| 4 | | grade, where occupants are primarily permanent. |
| 5 | | "Site energy index" means a scalar published by the |
| 6 | | Pacific Northwest National Laboratories representing the ratio |
| 7 | | of the site energy performance of an evaluated code compared |
| 8 | | to the site energy performance of the 2006 International |
| 9 | | Energy Conservation Code. A "site energy index" includes only |
| 10 | | conservation measures and excludes net energy credit for any |
| 11 | | on-site or off-site energy production.
|
| 12 | | (Source: P.A. 101-144, eff. 7-26-19; 102-444, eff. 8-20-21; |
| 13 | | 102-662, eff. 9-15-21; revised 10-12-21.)
|
| 14 | | (20 ILCS 3125/15)
|
| 15 | | Sec. 15. Energy Efficient Building Code. The Board, in |
| 16 | | consultation with the Agency, shall adopt the Code as minimum
|
| 17 | | requirements for commercial buildings, applying to the |
| 18 | | construction of, renovations to, and additions to all |
| 19 | | commercial buildings in the State. The Board, in consultation |
| 20 | | with the Agency, shall also adopt the Code as the minimum and |
| 21 | | maximum requirements for residential buildings, applying to |
| 22 | | the construction of, renovations to, and additions to all |
| 23 | | residential buildings in the State, except as provided for in |
| 24 | | Section 45 of this Act. The Board may
appropriately adapt the |
| 25 | | International Energy Conservation Code to apply to the
|
|
| | HB5501 | - 329 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | particular economy, population distribution, geography, and |
| 2 | | climate of the
State and construction therein, consistent with |
| 3 | | the public policy
objectives of this Act.
|
| 4 | | (Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; |
| 5 | | revised 10-21-21.)
|
| 6 | | (20 ILCS 3125/30)
|
| 7 | | Sec. 30. Enforcement. The
Board, in consultation with the |
| 8 | | Agency, shall
determine
procedures for compliance with the |
| 9 | | Code. These procedures
may include but need not be
limited to |
| 10 | | certification by a national, State, or local accredited energy
|
| 11 | | conservation program or inspections from private |
| 12 | | Code-certified inspectors
using the Code.
For purposes of the |
| 13 | | Illinois Stretch Energy Code under Section 55, the Board shall |
| 14 | | allow and encourage, as an alternative compliance mechanism, |
| 15 | | project certification by a nationally recognized nonprofit |
| 16 | | certification organization specializing in high-performance |
| 17 | | passive buildings and offering climate-specific building |
| 18 | | energy standards that require equal or better energy |
| 19 | | performance than the Illinois Stretch Energy Code.
|
| 20 | | (Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; |
| 21 | | revised 10-19-21.)
|
| 22 | | Section 200. The Illinois Emergency Management Agency Act |
| 23 | | is amended by changing Section 5 as follows:
|
|
| | HB5501 | - 330 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (20 ILCS 3305/5) (from Ch. 127, par. 1055)
|
| 2 | | Sec. 5. Illinois Emergency Management Agency.
|
| 3 | | (a) There is created within the executive branch of the |
| 4 | | State Government an
Illinois Emergency Management Agency and a |
| 5 | | Director of the Illinois Emergency
Management Agency, herein |
| 6 | | called the "Director" who shall be the head thereof.
The |
| 7 | | Director shall be appointed by the Governor, with the advice |
| 8 | | and consent of
the Senate, and shall serve for a term of 2 |
| 9 | | years beginning on the third Monday
in January of the |
| 10 | | odd-numbered year, and until a successor is appointed and
has |
| 11 | | qualified; except that the term of the first Director |
| 12 | | appointed under this
Act shall expire on the third Monday in |
| 13 | | January, 1989. The Director shall not
hold any other |
| 14 | | remunerative public office. For terms ending before December |
| 15 | | 31, 2019, the Director shall receive an annual
salary as set by |
| 16 | | the
Compensation Review Board. For terms beginning after |
| 17 | | January 18, 2019 (the effective date of Public Act 100-1179) |
| 18 | | this amendatory Act of the 100th General Assembly, the annual |
| 19 | | salary of the Director shall be as provided in Section 5-300 of |
| 20 | | the Civil Administrative Code of Illinois.
|
| 21 | | (b) The Illinois Emergency Management Agency shall obtain, |
| 22 | | under the
provisions of the Personnel Code, technical, |
| 23 | | clerical, stenographic and other
administrative personnel, and |
| 24 | | may make expenditures within the appropriation
therefor as may |
| 25 | | be necessary to carry out the purpose of this Act. The agency
|
| 26 | | created by this Act is intended to be a successor to the agency |
|
| | HB5501 | - 331 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | created under
the Illinois Emergency Services and Disaster |
| 2 | | Agency Act of 1975 and the
personnel, equipment, records, and |
| 3 | | appropriations of that agency are
transferred to the successor |
| 4 | | agency as of June 30, 1988 (the effective date of this Act).
|
| 5 | | (c) The Director, subject to the direction and control of |
| 6 | | the Governor,
shall be the executive head of the Illinois |
| 7 | | Emergency Management Agency and
the State Emergency Response |
| 8 | | Commission and shall be responsible under the
direction of the |
| 9 | | Governor, for carrying out the program for emergency
|
| 10 | | management of this State. The Director shall also maintain |
| 11 | | liaison
and cooperate with
the emergency management |
| 12 | | organizations of this State and other states and of
the |
| 13 | | federal government.
|
| 14 | | (d) The Illinois Emergency Management Agency shall take an |
| 15 | | integral part in
the development and revision of political |
| 16 | | subdivision emergency operations
plans prepared under |
| 17 | | paragraph (f) of Section 10. To this end it shall employ
or |
| 18 | | otherwise secure the services of professional and technical |
| 19 | | personnel
capable of providing expert assistance to the |
| 20 | | emergency services and disaster
agencies. These personnel |
| 21 | | shall consult with emergency services and disaster
agencies on |
| 22 | | a regular basis and shall make field examinations of the |
| 23 | | areas,
circumstances, and conditions that particular political |
| 24 | | subdivision emergency
operations plans are intended to apply.
|
| 25 | | (e) The Illinois Emergency Management Agency and political |
| 26 | | subdivisions
shall be encouraged to form an emergency |
|
| | HB5501 | - 332 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | management advisory committee composed
of private and public |
| 2 | | personnel representing the emergency management phases of
|
| 3 | | mitigation, preparedness, response, and recovery.
The Local |
| 4 | | Emergency Planning Committee, as created under the Illinois
|
| 5 | | Emergency
Planning and Community Right to Know Act, shall |
| 6 | | serve as
an advisory
committee to the emergency services and |
| 7 | | disaster agency or agencies serving
within the boundaries
of |
| 8 | | that Local Emergency Planning Committee planning district for:
|
| 9 | | (1) the development of emergency operations plan |
| 10 | | provisions for hazardous
chemical
emergencies; and
|
| 11 | | (2) the assessment of emergency response capabilities |
| 12 | | related to hazardous
chemical
emergencies.
|
| 13 | | (f) The Illinois Emergency Management Agency shall:
|
| 14 | | (1) Coordinate the overall emergency management |
| 15 | | program of the State.
|
| 16 | | (2) Cooperate with local governments, the federal |
| 17 | | government, and any
public or private agency or entity in |
| 18 | | achieving any purpose of this Act and
in implementing |
| 19 | | emergency management programs for mitigation, |
| 20 | | preparedness,
response, and recovery.
|
| 21 | | (2.5) Develop a comprehensive emergency preparedness |
| 22 | | and response plan for any nuclear
accident in accordance |
| 23 | | with Section 65 of the Nuclear Safety
Law of 2004 and in |
| 24 | | development of the
Illinois
Nuclear Safety Preparedness |
| 25 | | program in accordance with Section 8 of the
Illinois |
| 26 | | Nuclear Safety Preparedness Act.
|
|
| | HB5501 | - 333 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2.6) Coordinate with the Department of Public Health
|
| 2 | | with respect to planning for and responding to public |
| 3 | | health emergencies.
|
| 4 | | (3) Prepare, for issuance by the Governor, executive |
| 5 | | orders,
proclamations, and regulations as necessary or |
| 6 | | appropriate in coping with
disasters.
|
| 7 | | (4) Promulgate rules and requirements for political |
| 8 | | subdivision
emergency operations plans that are not |
| 9 | | inconsistent with and are at least
as stringent as |
| 10 | | applicable federal laws and regulations.
|
| 11 | | (5) Review and approve, in accordance with Illinois |
| 12 | | Emergency Management
Agency rules, emergency operations
|
| 13 | | plans for those political subdivisions required to have an |
| 14 | | emergency services
and disaster agency pursuant to this |
| 15 | | Act.
|
| 16 | | (5.5) Promulgate rules and requirements for the |
| 17 | | political subdivision
emergency management
exercises, |
| 18 | | including, but not limited to, exercises of the emergency |
| 19 | | operations
plans.
|
| 20 | | (5.10) Review, evaluate, and approve, in accordance |
| 21 | | with Illinois
Emergency
Management
Agency rules, political |
| 22 | | subdivision emergency management exercises for those
|
| 23 | | political subdivisions
required to have an emergency |
| 24 | | services and disaster agency pursuant to this
Act.
|
| 25 | | (6) Determine requirements of the State and its |
| 26 | | political
subdivisions
for food, clothing, and other |
|
| | HB5501 | - 334 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | necessities in event of a disaster.
|
| 2 | | (7) Establish a register of persons with types of |
| 3 | | emergency
management
training and skills in mitigation, |
| 4 | | preparedness, response, and recovery.
|
| 5 | | (8) Establish a register of government and private |
| 6 | | response
resources
available for use in a disaster.
|
| 7 | | (9) Expand the Earthquake Awareness Program and its |
| 8 | | efforts to
distribute earthquake preparedness materials to |
| 9 | | schools, political
subdivisions, community groups, civic |
| 10 | | organizations, and the media.
Emphasis will be placed on |
| 11 | | those areas of the State most at risk from an
earthquake. |
| 12 | | Maintain the list of all school districts, hospitals,
|
| 13 | | airports, power plants, including nuclear power plants, |
| 14 | | lakes, dams,
emergency response facilities of all types, |
| 15 | | and all other major public or
private structures which are |
| 16 | | at the greatest risk of damage from
earthquakes under |
| 17 | | circumstances where the damage would cause subsequent
harm |
| 18 | | to the surrounding communities and residents.
|
| 19 | | (10) Disseminate all information, completely and |
| 20 | | without
delay, on water
levels for rivers and streams and |
| 21 | | any other data pertaining to potential
flooding supplied |
| 22 | | by the Division of Water Resources within the Department |
| 23 | | of
Natural Resources to all political subdivisions to the |
| 24 | | maximum extent possible.
|
| 25 | | (11) Develop agreements, if feasible, with medical |
| 26 | | supply and
equipment
firms to
supply resources as are |
|
| | HB5501 | - 335 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | necessary to respond to an earthquake or any other
|
| 2 | | disaster as defined in this Act. These resources will be |
| 3 | | made available
upon notifying the vendor of the disaster. |
| 4 | | Payment for the resources will
be in accordance with |
| 5 | | Section 7 of this Act. The Illinois Department of
Public |
| 6 | | Health shall determine which resources will be required |
| 7 | | and requested.
|
| 8 | | (11.5) In coordination with the Illinois State Police, |
| 9 | | develop and
implement a community outreach program to |
| 10 | | promote awareness among the State's
parents and children |
| 11 | | of child abduction prevention and response.
|
| 12 | | (12) Out of funds appropriated for these purposes, |
| 13 | | award capital and
non-capital grants to Illinois hospitals |
| 14 | | or health care facilities located
outside of a city with a |
| 15 | | population in excess of 1,000,000 to be used for
purposes |
| 16 | | that include, but are not limited to, preparing to respond |
| 17 | | to mass
casualties and disasters, maintaining and |
| 18 | | improving patient safety and
quality of care, and |
| 19 | | protecting the confidentiality of patient information.
No |
| 20 | | single grant for a capital expenditure shall exceed |
| 21 | | $300,000.
No single grant for a non-capital expenditure |
| 22 | | shall exceed $100,000.
In awarding such grants, preference |
| 23 | | shall be given to hospitals that serve
a significant |
| 24 | | number of Medicaid recipients, but do not qualify for
|
| 25 | | disproportionate share hospital adjustment payments under |
| 26 | | the Illinois Public
Aid Code. To receive such a grant, a |
|
| | HB5501 | - 336 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | hospital or health care facility must
provide funding of |
| 2 | | at least 50% of the cost of the project for which the grant
|
| 3 | | is being requested.
In awarding such grants the Illinois |
| 4 | | Emergency Management Agency shall consider
the |
| 5 | | recommendations of the Illinois Hospital Association.
|
| 6 | | (13) Do all other things necessary, incidental or |
| 7 | | appropriate
for the implementation of this Act.
|
| 8 | | (g) The Illinois Emergency Management Agency is authorized |
| 9 | | to make grants to various higher education institutions, |
| 10 | | public K-12 school districts, area vocational centers as |
| 11 | | designated by the State Board of Education, inter-district |
| 12 | | special education cooperatives, regional safe schools, and |
| 13 | | nonpublic K-12 schools for safety and security improvements. |
| 14 | | For the purpose of this subsection (g), "higher education |
| 15 | | institution" means a public university, a public community |
| 16 | | college, or an independent, not-for-profit or for-profit |
| 17 | | higher education institution located in this State. Grants |
| 18 | | made under this subsection (g) shall be paid out of moneys |
| 19 | | appropriated for that purpose from the Build Illinois Bond |
| 20 | | Fund. The Illinois Emergency Management Agency shall adopt |
| 21 | | rules to implement this subsection (g). These rules may |
| 22 | | specify: (i) the manner of applying for grants; (ii) project |
| 23 | | eligibility requirements; (iii) restrictions on the use of |
| 24 | | grant moneys; (iv) the manner in which the various higher |
| 25 | | education institutions must account for the use of grant |
| 26 | | moneys; and (v) any other provision that the Illinois |
|
| | HB5501 | - 337 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Emergency Management Agency determines to be necessary or |
| 2 | | useful for the administration of this subsection (g). |
| 3 | | (g-5) The Illinois Emergency Management Agency is |
| 4 | | authorized to make grants to not-for-profit organizations |
| 5 | | which are exempt from federal income taxation under section |
| 6 | | 501(c)(3) of the Federal Internal Revenue Code for eligible |
| 7 | | security improvements that assist the organization in |
| 8 | | preventing, preparing for, or responding to acts of terrorism. |
| 9 | | The Director shall establish procedures and forms by which |
| 10 | | applicants may apply for a grant and procedures for |
| 11 | | distributing grants to recipients. The procedures shall |
| 12 | | require each applicant to do the following: |
| 13 | | (1) identify and substantiate prior threats or attacks |
| 14 | | by a terrorist organization, network, or cell against the |
| 15 | | not-for-profit organization; |
| 16 | | (2) indicate the symbolic or strategic value of one or |
| 17 | | more sites that renders the site a possible target of |
| 18 | | terrorism; |
| 19 | | (3) discuss potential consequences to the organization |
| 20 | | if the site is damaged, destroyed, or disrupted by a |
| 21 | | terrorist act; |
| 22 | | (4) describe how the grant will be used to integrate |
| 23 | | organizational preparedness with broader State and local |
| 24 | | preparedness efforts; |
| 25 | | (5) submit a vulnerability assessment conducted by |
| 26 | | experienced security, law enforcement, or military |
|
| | HB5501 | - 338 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | personnel, and a description of how the grant award will |
| 2 | | be used to address the vulnerabilities identified in the |
| 3 | | assessment; and |
| 4 | | (6) submit any other relevant information as may be |
| 5 | | required by the Director. |
| 6 | | The Agency is authorized to use funds appropriated for the |
| 7 | | grant program described in this subsection (g-5) to administer |
| 8 | | the program. |
| 9 | | (h) Except as provided in Section 17.5 of this Act, any |
| 10 | | moneys received by the Agency from donations or sponsorships |
| 11 | | unrelated to a disaster shall be deposited in the Emergency |
| 12 | | Planning and Training Fund and used by the Agency, subject to |
| 13 | | appropriation, to effectuate planning and training activities. |
| 14 | | Any moneys received by the Agency from donations during a |
| 15 | | disaster and intended for disaster response or recovery shall |
| 16 | | be deposited into the Disaster Response and Recovery Fund and |
| 17 | | used for disaster response and recovery pursuant to the |
| 18 | | Disaster Relief Act. |
| 19 | | (i) The Illinois Emergency Management Agency may by rule |
| 20 | | assess and collect reasonable fees for attendance at |
| 21 | | Agency-sponsored conferences to enable the Agency to carry out |
| 22 | | the requirements of this Act. Any moneys received under this |
| 23 | | subsection shall be deposited in the Emergency Planning and |
| 24 | | Training Fund and used by the Agency, subject to |
| 25 | | appropriation, for planning and training activities. |
| 26 | | (j) The Illinois Emergency Management Agency is authorized |
|
| | HB5501 | - 339 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to make grants to other State agencies, public universities, |
| 2 | | units of local government, and statewide mutual aid |
| 3 | | organizations to enhance statewide emergency preparedness and |
| 4 | | response. |
| 5 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
| 6 | | revised 10-5-21.)
|
| 7 | | Section 205. The Nuclear Safety Law of 2004 is amended by |
| 8 | | changing Section 40 as follows:
|
| 9 | | (20 ILCS 3310/40)
|
| 10 | | Sec. 40. Regulation of nuclear safety. The Illinois |
| 11 | | Emergency Management Agency shall have primary responsibility |
| 12 | | for the coordination and oversight of all State governmental |
| 13 | | functions concerning the regulation of nuclear power, |
| 14 | | including low level waste management, environmental |
| 15 | | monitoring, environmental radiochemical analysis, and |
| 16 | | transportation of nuclear waste. Functions performed by the |
| 17 | | Illinois State Police and the Department of Transportation in |
| 18 | | the area of nuclear safety, on the effective date of this Act, |
| 19 | | may continue to be performed by these agencies but under the |
| 20 | | direction of the Illinois Emergency Management Agency. All |
| 21 | | other governmental functions regulating nuclear safety shall |
| 22 | | be coordinated by the Illinois Emergency Management Agency.
|
| 23 | | (Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21; |
| 24 | | revised 9-28-21.)
|
|
| | HB5501 | - 340 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 210. The Illinois Criminal Justice Information Act |
| 2 | | is amended by changing Section 7.7 as follows:
|
| 3 | | (20 ILCS 3930/7.7) |
| 4 | | Sec. 7.7. Pretrial data collection. |
| 5 | | (a) The Administrative Director of the Administrative |
| 6 | | Office Officer of the Illinois Courts shall convene an |
| 7 | | oversight board to be known as the Pretrial Practices Data |
| 8 | | Oversight Board to oversee the collection and analysis of data |
| 9 | | regarding pretrial practices in circuit court systems. The |
| 10 | | Board shall include, but is not limited to, designees from the |
| 11 | | Administrative Office of the Illinois Courts, the Illinois |
| 12 | | Criminal Justice Information Authority, and other entities |
| 13 | | that possess knowledge of pretrial practices and data |
| 14 | | collection issues. Members of the Board shall serve without |
| 15 | | compensation. |
| 16 | | (b) The Oversight Board shall: |
| 17 | | (1) identify existing pretrial data collection |
| 18 | | processes in local jurisdictions; |
| 19 | | (2) define, gather and maintain records of pretrial |
| 20 | | data relating to the topics listed in subsection (c) from |
| 21 | | circuit clerks' offices, sheriff's departments, law |
| 22 | | enforcement agencies, jails, pretrial departments, |
| 23 | | probation department, State's Attorneys' offices, public |
| 24 | | defenders' offices and other applicable criminal justice |
|
| | HB5501 | - 341 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | system agencies; |
| 2 | | (3) identify resources necessary to systematically |
| 3 | | collect and report data related to the topics listed in |
| 4 | | subsection subsections (c); and |
| 5 | | (4) develop a plan to implement data collection |
| 6 | | processes sufficient to collect data on the topics listed |
| 7 | | in subsection (c) no later than one year after July 1, 2021 |
| 8 | | (the effective date of Public Act 101-652) this amendatory |
| 9 | | Act of the 101st General Assembly.
The plan and, once |
| 10 | | implemented, the reports and analysis shall be published |
| 11 | | and made publicly available on the Administrative Office |
| 12 | | of the Illinois Courts (AOIC) website. |
| 13 | | (c) The Pretrial Practices Data Oversight Board shall |
| 14 | | develop a strategy to collect quarterly, county-level data on |
| 15 | | the following topics; which collection of data shall begin |
| 16 | | starting one year after July 1, 2021 (the effective date of |
| 17 | | Public Act 101-652) this amendatory Act of the 101st General |
| 18 | | Assembly: |
| 19 | | (1) information on all persons arrested and charged |
| 20 | | with misdemeanor or felony charges, or both, including |
| 21 | | information on persons released directly from law |
| 22 | | enforcement custody; |
| 23 | | (2) information on the outcomes of pretrial conditions |
| 24 | | and pretrial detention hearings in the county courts, |
| 25 | | including but not limited to the number of hearings held, |
| 26 | | the number of defendants detained, the number of |
|
| | HB5501 | - 342 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | defendants released, and the number of defendants released |
| 2 | | with electronic monitoring; |
| 3 | | (3) information regarding persons detained in the |
| 4 | | county jail pretrial, including, but not limited to, the |
| 5 | | number of persons detained in the jail pretrial and the |
| 6 | | number detained in the jail for other reasons, the |
| 7 | | demographics of the pretrial jail population, race, sex, |
| 8 | | sexual orientation, gender identity, age, and ethnicity, |
| 9 | | the charges including on which pretrial defendants are |
| 10 | | detained, the average length of stay of pretrial |
| 11 | | defendants; |
| 12 | | (4) information regarding persons placed on electronic |
| 13 | | monitoring programs pretrial, including, but not limited |
| 14 | | to, the number of participants, the demographics of the |
| 15 | | participant population, including race, sex, sexual |
| 16 | | orientation, gender identity, age, and ethnicity, the |
| 17 | | charges on which participants are ordered to the program, |
| 18 | | and the average length of participation in the program; |
| 19 | | (5) discharge data regarding persons detained pretrial |
| 20 | | in the county jail, including, but not limited to, the |
| 21 | | number who are sentenced to the Illinois Department of |
| 22 | | Corrections, the number released after being sentenced to |
| 23 | | time served, the number who are released on probation, |
| 24 | | conditional discharge, or other community supervision, the |
| 25 | | number found not guilty, the number whose cases are |
| 26 | | dismissed, the number whose cases are dismissed as part of |
|
| | HB5501 | - 343 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | diversion or deferred prosecution program, and the number |
| 2 | | who are released pretrial after a hearing re-examining |
| 3 | | their pretrial detention; |
| 4 | | (6) information on the pretrial rearrest of |
| 5 | | individuals released pretrial, including the number |
| 6 | | arrested and charged with a new misdemeanor offense while |
| 7 | | released, the number arrested and charged with a new |
| 8 | | felony offense while released, and the number arrested and |
| 9 | | charged with a new forcible felony offense while released, |
| 10 | | and how long after release these arrests occurred; |
| 11 | | (7) information on the pretrial failure to appear |
| 12 | | rates of individuals released pretrial, including the |
| 13 | | number who missed one or more court dates, how many |
| 14 | | warrants for failures to appear were issued, and how many |
| 15 | | individuals were detained pretrial or placed on electronic |
| 16 | | monitoring pretrial after a failure to appear in court; |
| 17 | | (8) what, if any, validated pretrial risk assessment |
| 18 | | tools are in use in each jurisdiction, and comparisons of |
| 19 | | the pretrial release and pretrial detention decisions of |
| 20 | | judges as compared to and the risk assessment scores of |
| 21 | | individuals; and |
| 22 | | (9) any other information the Pretrial Practices Data |
| 23 | | Oversight Board considers important and probative of the |
| 24 | | effectiveness of pretrial practices in the State state of |
| 25 | | Illinois.
|
| 26 | | (d) d) Circuit clerks' offices, sheriff's departments, law |
|
| | HB5501 | - 350 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Load Police Escort Fund is dissolved, and any future deposits |
| 2 | | due to that Fund and any outstanding obligations or |
| 3 | | liabilities of that Fund shall pass to the State Police |
| 4 | | Operations Assistance Fund. |
| 5 | | This Fund may charge, collect, and receive fees or moneys |
| 6 | | as described in Section 15-312 of the Illinois Vehicle Code, |
| 7 | | and receive all fees received by the Illinois State Police |
| 8 | | under that Section. The moneys shall be used by the Illinois |
| 9 | | State Police for its expenses in providing police escorts and |
| 10 | | commercial vehicle enforcement activities. |
| 11 | | (b) The Illinois State Police may use moneys in the Fund to |
| 12 | | finance any of its lawful purposes or functions. |
| 13 | | (c) Expenditures may be made from the Fund only as |
| 14 | | appropriated by the General Assembly by law. |
| 15 | | (d) Investment income that is attributable to the |
| 16 | | investment of moneys in the Fund shall be retained in the Fund |
| 17 | | for the uses specified in this Section. |
| 18 | | (e) The State Police Operations Assistance Fund shall not |
| 19 | | be subject to administrative chargebacks.
|
| 20 | | (f) (Blank). the Illinois |
| 21 | | (g) Notwithstanding any other provision of State law to |
| 22 | | the contrary, on or after July 1, 2021, in addition to any |
| 23 | | other transfers that may be provided for by law, at the |
| 24 | | direction of and upon notification from the Director of the |
| 25 | | Illinois State Police, the State Comptroller shall direct and |
| 26 | | the State Treasurer shall transfer amounts not exceeding |
|
| | HB5501 | - 351 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | $7,000,000 into the State Police Operations Assistance Fund |
| 2 | | from the State Police Services Fund. |
| 3 | | (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; |
| 4 | | 102-538, eff. 8-20-21; revised 10-22-21.)
|
| 5 | | (30 ILCS 105/6z-99) |
| 6 | | Sec. 6z-99. The Mental Health Reporting Fund. |
| 7 | | (a) There is created in the State treasury a special fund |
| 8 | | known as the Mental Health Reporting Fund. The Fund shall |
| 9 | | receive revenue under the Firearm Concealed Carry Act. The |
| 10 | | Fund may also receive revenue from grants, pass-through |
| 11 | | grants, donations, appropriations, and any other legal source. |
| 12 | | (b) The Illinois State Police and Department of Human |
| 13 | | Services shall coordinate to use moneys in the Fund to finance |
| 14 | | their respective duties of collecting and reporting data on |
| 15 | | mental health records and ensuring that mental health firearm |
| 16 | | possession prohibitors are enforced as set forth under the |
| 17 | | Firearm Concealed Carry Act and the Firearm Owners |
| 18 | | Identification Card Act. Any surplus in the Fund beyond what |
| 19 | | is necessary to ensure compliance with mental health reporting |
| 20 | | under these Acts shall be used by the Department of Human |
| 21 | | Services for mental health treatment programs as follows: (1) |
| 22 | | 50% shall be used to fund
community-based mental health |
| 23 | | programs aimed at reducing gun
violence, community integration |
| 24 | | and education, or mental
health awareness and prevention, |
| 25 | | including administrative
costs; and (2) 50% shall be used to |
|
| | HB5501 | - 353 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Fund. |
| 2 | | (a) The State Police Revocation Enforcement Fund is |
| 3 | | established as a special fund in the State treasury. This Fund |
| 4 | | is established to receive moneys from the Firearm Owners |
| 5 | | Identification Card Act to enforce that Act, the Firearm |
| 6 | | Concealed Carry Act, Article 24 of the Criminal Code of 2012, |
| 7 | | and other firearm offenses. The Fund may also receive revenue |
| 8 | | from grants, donations, appropriations, and any other legal |
| 9 | | source. |
| 10 | | (b) The Illinois State Police may use moneys from the Fund |
| 11 | | to establish task forces and, if necessary, include other law |
| 12 | | enforcement agencies, under intergovernmental contracts |
| 13 | | written and executed in conformity with the Intergovernmental |
| 14 | | Cooperation Act. |
| 15 | | (c) The Illinois State Police may use moneys in the Fund to |
| 16 | | hire and train State Police officers and for the prevention of |
| 17 | | violent crime. |
| 18 | | (d) The State Police Revocation Enforcement Fund is not |
| 19 | | subject to administrative chargebacks. |
| 20 | | (e) Law enforcement agencies that participate in Firearm |
| 21 | | Owner's Identification Card revocation enforcement in the |
| 22 | | Violent Crime Intelligence Task Force may apply for grants |
| 23 | | from the Illinois State Police.
|
| 24 | | (Source: P.A. 102-237, eff. 1-1-22; revised 11-9-21.)
|
| 25 | | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
|
| | HB5501 | - 354 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 8.3. Money in the Road Fund shall, if and when the |
| 2 | | State of
Illinois incurs any bonded indebtedness for the |
| 3 | | construction of
permanent highways, be set aside and used for |
| 4 | | the purpose of paying and
discharging annually the principal |
| 5 | | and interest on that bonded
indebtedness then due and payable, |
| 6 | | and for no other purpose. The
surplus, if any, in the Road Fund |
| 7 | | after the payment of principal and
interest on that bonded |
| 8 | | indebtedness then annually due shall be used as
follows: |
| 9 | | first -- to pay the cost of administration of Chapters |
| 10 | | 2 through 10 of
the Illinois Vehicle Code, except the cost |
| 11 | | of administration of Articles I and
II of Chapter 3 of that |
| 12 | | Code, and to pay the costs of the Executive Ethics |
| 13 | | Commission for oversight and administration of the Chief |
| 14 | | Procurement Officer appointed under paragraph (2) of |
| 15 | | subsection (a) of Section 10-20 of the Illinois |
| 16 | | Procurement Code for transportation; and |
| 17 | | secondly -- for expenses of the Department of |
| 18 | | Transportation for
construction, reconstruction, |
| 19 | | improvement, repair, maintenance,
operation, and |
| 20 | | administration of highways in accordance with the
|
| 21 | | provisions of laws relating thereto, or for any purpose |
| 22 | | related or
incident to and connected therewith, including |
| 23 | | the separation of grades
of those highways with railroads |
| 24 | | and with highways and including the
payment of awards made |
| 25 | | by the Illinois Workers' Compensation Commission under the |
| 26 | | terms of
the Workers' Compensation Act or Workers' |
|
| | HB5501 | - 355 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Occupational Diseases Act for
injury or death of an |
| 2 | | employee of the Division of Highways in the
Department of |
| 3 | | Transportation; or for the acquisition of land and the
|
| 4 | | erection of buildings for highway purposes, including the |
| 5 | | acquisition of
highway right-of-way or for investigations |
| 6 | | to determine the reasonably
anticipated future highway |
| 7 | | needs; or for making of surveys, plans,
specifications and |
| 8 | | estimates for and in the construction and maintenance
of |
| 9 | | flight strips and of highways necessary to provide access |
| 10 | | to military
and naval reservations, to defense industries |
| 11 | | and defense-industry
sites, and to the sources of raw |
| 12 | | materials and for replacing existing
highways and highway |
| 13 | | connections shut off from general public use at
military |
| 14 | | and naval reservations and defense-industry sites, or for |
| 15 | | the
purchase of right-of-way, except that the State shall |
| 16 | | be reimbursed in
full for any expense incurred in building |
| 17 | | the flight strips; or for the
operating and maintaining of |
| 18 | | highway garages; or for patrolling and
policing the public |
| 19 | | highways and conserving the peace; or for the operating |
| 20 | | expenses of the Department relating to the administration |
| 21 | | of public transportation programs; or, during fiscal year |
| 22 | | 2021 only, for the purposes of a grant not to exceed |
| 23 | | $8,394,800 to the Regional Transportation Authority on |
| 24 | | behalf of PACE for the purpose of ADA/Para-transit |
| 25 | | expenses; or, during fiscal year 2022 only, for the |
| 26 | | purposes of a grant not to exceed $8,394,800 to the |
|
| | HB5501 | - 356 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Regional Transportation Authority on behalf of PACE for |
| 2 | | the purpose of ADA/Para-transit expenses; or for any of
|
| 3 | | those purposes or any other purpose that may be provided |
| 4 | | by law. |
| 5 | | Appropriations for any of those purposes are payable from |
| 6 | | the Road
Fund. Appropriations may also be made from the Road |
| 7 | | Fund for the
administrative expenses of any State agency that |
| 8 | | are related to motor
vehicles or arise from the use of motor |
| 9 | | vehicles. |
| 10 | | Beginning with fiscal year 1980 and thereafter, no Road |
| 11 | | Fund monies
shall be appropriated to the following Departments |
| 12 | | or agencies of State
government for administration, grants, or |
| 13 | | operations; but this
limitation is not a restriction upon |
| 14 | | appropriating for those purposes any
Road Fund monies that are |
| 15 | | eligible for federal reimbursement: |
| 16 | | 1. Department of Public Health; |
| 17 | | 2. Department of Transportation, only with respect to |
| 18 | | subsidies for
one-half fare Student Transportation and |
| 19 | | Reduced Fare for Elderly, except fiscal year 2021 only |
| 20 | | when no more than $17,570,000 may be expended and except |
| 21 | | fiscal year 2022 only when no more than $17,570,000 may be |
| 22 | | expended; |
| 23 | | 3. Department of Central Management
Services, except |
| 24 | | for expenditures
incurred for group insurance premiums of |
| 25 | | appropriate personnel; |
| 26 | | 4. Judicial Systems and Agencies. |
|
| | HB5501 | - 357 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Beginning with fiscal year 1981 and thereafter, no Road |
| 2 | | Fund monies
shall be appropriated to the following Departments |
| 3 | | or agencies of State
government for administration, grants, or |
| 4 | | operations; but this
limitation is not a restriction upon |
| 5 | | appropriating for those purposes any
Road Fund monies that are |
| 6 | | eligible for federal reimbursement: |
| 7 | | 1. Illinois State Police, except for expenditures with
|
| 8 | | respect to the Division of Patrol Operations and Division |
| 9 | | of Criminal Investigation; |
| 10 | | 2. Department of Transportation, only with respect to |
| 11 | | Intercity Rail
Subsidies, except fiscal year 2021 only |
| 12 | | when no more than $50,000,000 may be expended and except |
| 13 | | fiscal year 2022 only when no more than $50,000,000 may be |
| 14 | | expended, and Rail Freight Services. |
| 15 | | Beginning with fiscal year 1982 and thereafter, no Road |
| 16 | | Fund monies
shall be appropriated to the following Departments |
| 17 | | or agencies of State
government for administration, grants, or |
| 18 | | operations; but this
limitation is not a restriction upon |
| 19 | | appropriating for those purposes any
Road Fund monies that are |
| 20 | | eligible for federal reimbursement: Department
of Central |
| 21 | | Management Services, except for awards made by
the Illinois |
| 22 | | Workers' Compensation Commission under the terms of the |
| 23 | | Workers' Compensation Act
or Workers' Occupational Diseases |
| 24 | | Act for injury or death of an employee of
the Division of |
| 25 | | Highways in the Department of Transportation. |
| 26 | | Beginning with fiscal year 1984 and thereafter, no Road |
|
| | HB5501 | - 358 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Fund monies
shall be appropriated to the following Departments |
| 2 | | or agencies of State
government for administration, grants, or |
| 3 | | operations; but this
limitation is not a restriction upon |
| 4 | | appropriating for those purposes any
Road Fund monies that are |
| 5 | | eligible for federal reimbursement: |
| 6 | | 1. Illinois State Police, except not more than 40% of |
| 7 | | the
funds appropriated for the Division of Patrol |
| 8 | | Operations and Division of Criminal Investigation; |
| 9 | | 2. State Officers. |
| 10 | | Beginning with fiscal year 1984 and thereafter, no Road |
| 11 | | Fund monies
shall be appropriated to any Department or agency |
| 12 | | of State government
for administration, grants, or operations |
| 13 | | except as provided hereafter;
but this limitation is not a |
| 14 | | restriction upon appropriating for those
purposes any Road |
| 15 | | Fund monies that are eligible for federal
reimbursement. It |
| 16 | | shall not be lawful to circumvent the above
appropriation |
| 17 | | limitations by governmental reorganization or other
methods. |
| 18 | | Appropriations shall be made from the Road Fund only in
|
| 19 | | accordance with the provisions of this Section. |
| 20 | | Money in the Road Fund shall, if and when the State of |
| 21 | | Illinois
incurs any bonded indebtedness for the construction |
| 22 | | of permanent
highways, be set aside and used for the purpose of |
| 23 | | paying and
discharging during each fiscal year the principal |
| 24 | | and interest on that
bonded indebtedness as it becomes due and |
| 25 | | payable as provided in the
Transportation Bond Act, and for no |
| 26 | | other
purpose. The surplus, if any, in the Road Fund after the |
|
| | HB5501 | - 359 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | payment of
principal and interest on that bonded indebtedness |
| 2 | | then annually due
shall be used as follows: |
| 3 | | first -- to pay the cost of administration of Chapters |
| 4 | | 2 through 10
of the Illinois Vehicle Code; and |
| 5 | | secondly -- no Road Fund monies derived from fees, |
| 6 | | excises, or
license taxes relating to registration, |
| 7 | | operation and use of vehicles on
public highways or to |
| 8 | | fuels used for the propulsion of those vehicles,
shall be |
| 9 | | appropriated or expended other than for costs of |
| 10 | | administering
the laws imposing those fees, excises, and |
| 11 | | license taxes, statutory
refunds and adjustments allowed |
| 12 | | thereunder, administrative costs of the
Department of |
| 13 | | Transportation, including, but not limited to, the |
| 14 | | operating expenses of the Department relating to the |
| 15 | | administration of public transportation programs, payment |
| 16 | | of debts and liabilities incurred
in construction and |
| 17 | | reconstruction of public highways and bridges,
acquisition |
| 18 | | of rights-of-way for and the cost of construction,
|
| 19 | | reconstruction, maintenance, repair, and operation of |
| 20 | | public highways and
bridges under the direction and |
| 21 | | supervision of the State, political
subdivision, or |
| 22 | | municipality collecting those monies, or during fiscal |
| 23 | | year 2021 only for the purposes of a grant not to exceed |
| 24 | | $8,394,800 to the Regional Transportation Authority on |
| 25 | | behalf of PACE for the purpose of ADA/Para-transit |
| 26 | | expenses, or during fiscal year 2022 only for the purposes |
|
| | HB5501 | - 360 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of a grant not to exceed $8,394,800 to the Regional |
| 2 | | Transportation Authority on behalf of PACE for the purpose |
| 3 | | of ADA/Para-transit expenses, and the costs for
patrolling |
| 4 | | and policing the public highways (by the State, political
|
| 5 | | subdivision, or municipality collecting that money) for |
| 6 | | enforcement of
traffic laws. The separation of grades of |
| 7 | | such highways with railroads
and costs associated with |
| 8 | | protection of at-grade highway and railroad
crossing shall |
| 9 | | also be permissible. |
| 10 | | Appropriations for any of such purposes are payable from |
| 11 | | the Road
Fund or the Grade Crossing Protection Fund as |
| 12 | | provided in Section 8 of
the Motor Fuel Tax Law. |
| 13 | | Except as provided in this paragraph, beginning with |
| 14 | | fiscal year 1991 and
thereafter, no Road Fund monies
shall be |
| 15 | | appropriated to the Illinois State Police for the purposes of
|
| 16 | | this Section in excess of its total fiscal year 1990 Road Fund
|
| 17 | | appropriations for those purposes unless otherwise provided in |
| 18 | | Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, |
| 19 | | 2006, and 2007 only, no Road Fund monies shall
be appropriated |
| 20 | | to the
Department of State Police for the purposes of this |
| 21 | | Section in excess of
$97,310,000.
For fiscal year 2008 only, |
| 22 | | no Road
Fund monies shall be appropriated to the Department of |
| 23 | | State Police for the purposes of
this Section in excess of |
| 24 | | $106,100,000. For fiscal year 2009 only, no Road Fund monies |
| 25 | | shall be appropriated to the Department of State Police for |
| 26 | | the purposes of this Section in excess of $114,700,000. |
|
| | HB5501 | - 361 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Beginning in fiscal year 2010, no road fund moneys shall be |
| 2 | | appropriated to the Illinois State Police. It shall not be |
| 3 | | lawful to circumvent this limitation on
appropriations by |
| 4 | | governmental reorganization or other methods unless
otherwise |
| 5 | | provided in Section 5g of this Act. |
| 6 | | In fiscal year 1994, no Road Fund monies shall be |
| 7 | | appropriated
to the
Secretary of State for the purposes of |
| 8 | | this Section in excess of the total
fiscal year 1991 Road Fund |
| 9 | | appropriations to the Secretary of State for
those purposes, |
| 10 | | plus $9,800,000. It
shall not be
lawful to circumvent
this |
| 11 | | limitation on appropriations by governmental reorganization or |
| 12 | | other
method. |
| 13 | | Beginning with fiscal year 1995 and thereafter, no Road |
| 14 | | Fund
monies
shall be appropriated to the Secretary of State |
| 15 | | for the purposes of this
Section in excess of the total fiscal |
| 16 | | year 1994 Road Fund
appropriations to
the Secretary of State |
| 17 | | for those purposes. It shall not be lawful to
circumvent this |
| 18 | | limitation on appropriations by governmental reorganization
or |
| 19 | | other methods. |
| 20 | | Beginning with fiscal year 2000, total Road Fund |
| 21 | | appropriations to the
Secretary of State for the purposes of |
| 22 | | this Section shall not exceed the
amounts specified for the |
| 23 | | following fiscal years: |
|
| 24 | | Fiscal Year 2000 | $80,500,000; | |
| 25 | | Fiscal Year 2001 | $80,500,000; | |
| 26 | | Fiscal Year 2002 | $80,500,000; | |
|
|
| | HB5501 | - 362 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Fiscal Year 2003 | $130,500,000; | |
| 2 | | Fiscal Year 2004 | $130,500,000; | |
| 3 | | Fiscal Year 2005 | $130,500,000;
| |
| 4 | | Fiscal Year 2006
| $130,500,000;
| |
| 5 | | Fiscal Year 2007
| $130,500,000;
| |
| 6 | | Fiscal Year 2008 | $130,500,000; | |
| 7 | | Fiscal Year 2009 | $130,500,000. |
|
| 8 | | For fiscal year 2010, no road fund moneys shall be |
| 9 | | appropriated to the Secretary of State. |
| 10 | | Beginning in fiscal year 2011, moneys in the Road Fund |
| 11 | | shall be appropriated to the Secretary of State for the |
| 12 | | exclusive purpose of paying refunds due to overpayment of fees |
| 13 | | related to Chapter 3 of the Illinois Vehicle Code unless |
| 14 | | otherwise provided for by law. |
| 15 | | It shall not be lawful to circumvent this limitation on |
| 16 | | appropriations by
governmental reorganization or other |
| 17 | | methods. |
| 18 | | No new program may be initiated in fiscal year 1991 and
|
| 19 | | thereafter that is not consistent with the limitations imposed |
| 20 | | by this
Section for fiscal year 1984 and thereafter, insofar |
| 21 | | as appropriation of
Road Fund monies is concerned. |
| 22 | | Nothing in this Section prohibits transfers from the Road |
| 23 | | Fund to the
State Construction Account Fund under Section 5e |
| 24 | | of this Act; nor to the
General Revenue Fund, as authorized by |
| 25 | | Public Act 93-25. |
| 26 | | The additional amounts authorized for expenditure in this |
|
| | HB5501 | - 363 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
|
| 2 | | shall be repaid to the Road Fund
from the General Revenue Fund |
| 3 | | in the next succeeding fiscal year that the
General Revenue |
| 4 | | Fund has a positive budgetary balance, as determined by
|
| 5 | | generally accepted accounting principles applicable to |
| 6 | | government. |
| 7 | | The additional amounts authorized for expenditure by the |
| 8 | | Secretary of State
and
the Department of State Police in this |
| 9 | | Section by Public Act 94-91 shall be repaid to the Road Fund |
| 10 | | from the General Revenue Fund in the
next
succeeding fiscal |
| 11 | | year that the General Revenue Fund has a positive budgetary
|
| 12 | | balance,
as determined by generally accepted accounting |
| 13 | | principles applicable to
government. |
| 14 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
| 15 | | 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; revised |
| 16 | | 10-15-21.)
|
| 17 | | (30 ILCS 105/25) (from Ch. 127, par. 161)
|
| 18 | | Sec. 25. Fiscal year limitations.
|
| 19 | | (a) All appropriations shall be
available for expenditure |
| 20 | | for the fiscal year or for a lesser period if the
Act making |
| 21 | | that appropriation so specifies. A deficiency or emergency
|
| 22 | | appropriation shall be available for expenditure only through |
| 23 | | June 30 of
the year when the Act making that appropriation is |
| 24 | | enacted unless that Act
otherwise provides.
|
| 25 | | (b) Outstanding liabilities as of June 30, payable from |
|
| | HB5501 | - 364 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | appropriations
which have otherwise expired, may be paid out |
| 2 | | of the expiring
appropriations during the 2-month period |
| 3 | | ending at the
close of business on August 31. Any service |
| 4 | | involving
professional or artistic skills or any personal |
| 5 | | services by an employee whose
compensation is subject to |
| 6 | | income tax withholding must be performed as of June
30 of the |
| 7 | | fiscal year in order to be considered an "outstanding |
| 8 | | liability as of
June 30" that is thereby eligible for payment |
| 9 | | out of the expiring
appropriation.
|
| 10 | | (b-1) However, payment of tuition reimbursement claims |
| 11 | | under Section 14-7.03 or
18-3 of the School Code may be made by |
| 12 | | the State Board of Education from its
appropriations for those |
| 13 | | respective purposes for any fiscal year, even though
the |
| 14 | | claims reimbursed by the payment may be claims attributable to |
| 15 | | a prior
fiscal year, and payments may be made at the direction |
| 16 | | of the State
Superintendent of Education from the fund from |
| 17 | | which the appropriation is made
without regard to any fiscal |
| 18 | | year limitations, except as required by subsection (j) of this |
| 19 | | Section. Beginning on June 30, 2021, payment of tuition |
| 20 | | reimbursement claims under Section 14-7.03 or 18-3 of the |
| 21 | | School Code as of June 30, payable from appropriations that |
| 22 | | have otherwise expired, may be paid out of the expiring |
| 23 | | appropriation during the 4-month period ending at the close of |
| 24 | | business on October 31.
|
| 25 | | (b-2) (Blank). |
| 26 | | (b-2.5) (Blank). |
|
| | HB5501 | - 365 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b-2.6) (Blank). |
| 2 | | (b-2.6a) (Blank). |
| 3 | | (b-2.6b) (Blank). |
| 4 | | (b-2.6c) (Blank). |
| 5 | | (b-2.6d) All outstanding liabilities as of June 30, 2020, |
| 6 | | payable from appropriations that would otherwise expire at the |
| 7 | | conclusion of the lapse period for fiscal year 2020, and |
| 8 | | interest penalties payable on those liabilities under the |
| 9 | | State Prompt Payment Act, may be paid out of the expiring |
| 10 | | appropriations until December 31, 2020, without regard to the |
| 11 | | fiscal year in which the payment is made, as long as vouchers |
| 12 | | for the liabilities are received by the Comptroller no later |
| 13 | | than September 30, 2020. |
| 14 | | (b-2.6e) All outstanding liabilities as of June 30, 2021, |
| 15 | | payable from appropriations that would otherwise expire at the |
| 16 | | conclusion of the lapse period for fiscal year 2021, and |
| 17 | | interest penalties payable on those liabilities under the |
| 18 | | State Prompt Payment Act, may be paid out of the expiring |
| 19 | | appropriations until September 30, 2021, without regard to the |
| 20 | | fiscal year in which the payment is made. |
| 21 | | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019, |
| 22 | | 2020, 2021, and 2022, interest penalties payable under the |
| 23 | | State Prompt Payment Act associated with a voucher for which |
| 24 | | payment is issued after June 30 may be paid out of the next |
| 25 | | fiscal year's appropriation. The future year appropriation |
| 26 | | must be for the same purpose and from the same fund as the |
|
| | HB5501 | - 366 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | original payment. An interest penalty voucher submitted |
| 2 | | against a future year appropriation must be submitted within |
| 3 | | 60 days after the issuance of the associated voucher, except |
| 4 | | that, for fiscal year 2018 only, an interest penalty voucher |
| 5 | | submitted against a future year appropriation must be |
| 6 | | submitted within 60 days of June 5, 2019 (the effective date of |
| 7 | | Public Act 101-10). The Comptroller must issue the interest |
| 8 | | payment within 60 days after acceptance of the interest |
| 9 | | voucher. |
| 10 | | (b-3) Medical payments may be made by the Department of |
| 11 | | Veterans' Affairs from
its
appropriations for those purposes |
| 12 | | for any fiscal year, without regard to the
fact that the |
| 13 | | medical services being compensated for by such payment may |
| 14 | | have
been rendered in a prior fiscal year, except as required |
| 15 | | by subsection (j) of this Section. Beginning on June 30, 2021, |
| 16 | | medical payments payable from appropriations that have |
| 17 | | otherwise expired may be paid out of the expiring |
| 18 | | appropriation during the 4-month period ending at the close of |
| 19 | | business on October 31.
|
| 20 | | (b-4) Medical payments and child care
payments may be made |
| 21 | | by the Department of
Human Services (as successor to the |
| 22 | | Department of Public Aid) from
appropriations for those |
| 23 | | purposes for any fiscal year,
without regard to the fact that |
| 24 | | the medical or child care services being
compensated for by |
| 25 | | such payment may have been rendered in a prior fiscal
year; and |
| 26 | | payments may be made at the direction of the Department of
|
|
| | HB5501 | - 367 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Healthcare and Family Services (or successor agency) from the |
| 2 | | Health Insurance Reserve Fund without regard to any fiscal
|
| 3 | | year limitations, except as required by subsection (j) of this |
| 4 | | Section. Beginning on June 30, 2021, medical and child care |
| 5 | | payments made by the Department of Human Services and payments |
| 6 | | made at the discretion of the Department of Healthcare and |
| 7 | | Family Services (or successor agency) from the Health |
| 8 | | Insurance Reserve Fund and payable from appropriations that |
| 9 | | have otherwise expired may be paid out of the expiring |
| 10 | | appropriation during the 4-month period ending at the close of |
| 11 | | business on October 31.
|
| 12 | | (b-5) Medical payments may be made by the Department of |
| 13 | | Human Services from its appropriations relating to substance |
| 14 | | abuse treatment services for any fiscal year, without regard |
| 15 | | to the fact that the medical services being compensated for by |
| 16 | | such payment may have been rendered in a prior fiscal year, |
| 17 | | provided the payments are made on a fee-for-service basis |
| 18 | | consistent with requirements established for Medicaid |
| 19 | | reimbursement by the Department of Healthcare and Family |
| 20 | | Services, except as required by subsection (j) of this |
| 21 | | Section. Beginning on June 30, 2021, medical payments made by |
| 22 | | the Department of Human Services relating to substance abuse |
| 23 | | treatment services payable from appropriations that have |
| 24 | | otherwise expired may be paid out of the expiring |
| 25 | | appropriation during the 4-month period ending at the close of |
| 26 | | business on October 31. |
|
| | HB5501 | - 368 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b-6) (Blank).
|
| 2 | | (b-7) Payments may be made in accordance with a plan |
| 3 | | authorized by paragraph (11) or (12) of Section 405-105 of the |
| 4 | | Department of Central Management Services Law from |
| 5 | | appropriations for those payments without regard to fiscal |
| 6 | | year limitations. |
| 7 | | (b-8) Reimbursements to eligible airport sponsors for the |
| 8 | | construction or upgrading of Automated Weather Observation |
| 9 | | Systems may be made by the Department of Transportation from |
| 10 | | appropriations for those purposes for any fiscal year, without |
| 11 | | regard to the fact that the qualification or obligation may |
| 12 | | have occurred in a prior fiscal year, provided that at the time |
| 13 | | the expenditure was made the project had been approved by the |
| 14 | | Department of Transportation prior to June 1, 2012 and, as a |
| 15 | | result of recent changes in federal funding formulas, can no |
| 16 | | longer receive federal reimbursement. |
| 17 | | (b-9) (Blank). |
| 18 | | (c) Further, payments may be made by the Department of |
| 19 | | Public Health and the
Department of Human Services (acting as |
| 20 | | successor to the Department of Public
Health under the |
| 21 | | Department of Human Services Act)
from their respective |
| 22 | | appropriations for grants for medical care to or on
behalf of |
| 23 | | premature and high-mortality risk infants and their mothers |
| 24 | | and
for grants for supplemental food supplies provided under |
| 25 | | the United States
Department of Agriculture Women, Infants and |
| 26 | | Children Nutrition Program,
for any fiscal year without regard |
|
| | HB5501 | - 369 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to the fact that the services being
compensated for by such |
| 2 | | payment may have been rendered in a prior fiscal year, except |
| 3 | | as required by subsection (j) of this Section. Beginning on |
| 4 | | June 30, 2021, payments made by the Department of Public |
| 5 | | Health and the Department of Human Services from their |
| 6 | | respective appropriations for grants for medical care to or on |
| 7 | | behalf of premature and high-mortality risk infants and their |
| 8 | | mothers and for grants for supplemental food supplies provided |
| 9 | | under the United States Department of Agriculture Women, |
| 10 | | Infants and Children Nutrition Program payable from |
| 11 | | appropriations that have otherwise expired may be paid out of |
| 12 | | the expiring appropriations during the 4-month period ending |
| 13 | | at the close of business on October 31.
|
| 14 | | (d) The Department of Public Health and the Department of |
| 15 | | Human Services
(acting as successor to the Department of |
| 16 | | Public Health under the Department of
Human Services Act) |
| 17 | | shall each annually submit to the State Comptroller, Senate
|
| 18 | | President, Senate
Minority Leader, Speaker of the House, House |
| 19 | | Minority Leader, and the
respective Chairmen and Minority |
| 20 | | Spokesmen of the
Appropriations Committees of the Senate and |
| 21 | | the House, on or before
December 31, a report of fiscal year |
| 22 | | funds used to pay for services
provided in any prior fiscal |
| 23 | | year. This report shall document by program or
service |
| 24 | | category those expenditures from the most recently completed |
| 25 | | fiscal
year used to pay for services provided in prior fiscal |
| 26 | | years.
|
|
| | HB5501 | - 370 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (e) The Department of Healthcare and Family Services, the |
| 2 | | Department of Human Services
(acting as successor to the |
| 3 | | Department of Public Aid), and the Department of Human |
| 4 | | Services making fee-for-service payments relating to substance |
| 5 | | abuse treatment services provided during a previous fiscal |
| 6 | | year shall each annually
submit to the State
Comptroller, |
| 7 | | Senate President, Senate Minority Leader, Speaker of the |
| 8 | | House,
House Minority Leader, the respective Chairmen and |
| 9 | | Minority Spokesmen of the
Appropriations Committees of the |
| 10 | | Senate and the House, on or before November
30, a report that |
| 11 | | shall document by program or service category those
|
| 12 | | expenditures from the most recently completed fiscal year used |
| 13 | | to pay for (i)
services provided in prior fiscal years and (ii) |
| 14 | | services for which claims were
received in prior fiscal years.
|
| 15 | | (f) The Department of Human Services (as successor to the |
| 16 | | Department of
Public Aid) shall annually submit to the State
|
| 17 | | Comptroller, Senate President, Senate Minority Leader, Speaker |
| 18 | | of the House,
House Minority Leader, and the respective |
| 19 | | Chairmen and Minority Spokesmen of
the Appropriations |
| 20 | | Committees of the Senate and the House, on or before
December |
| 21 | | 31, a report
of fiscal year funds used to pay for services |
| 22 | | (other than medical care)
provided in any prior fiscal year. |
| 23 | | This report shall document by program or
service category |
| 24 | | those expenditures from the most recently completed fiscal
|
| 25 | | year used to pay for services provided in prior fiscal years.
|
| 26 | | (g) In addition, each annual report required to be |
|
| | HB5501 | - 371 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | submitted by the
Department of Healthcare and Family Services |
| 2 | | under subsection (e) shall include the following
information |
| 3 | | with respect to the State's Medicaid program:
|
| 4 | | (1) Explanations of the exact causes of the variance |
| 5 | | between the previous
year's estimated and actual |
| 6 | | liabilities.
|
| 7 | | (2) Factors affecting the Department of Healthcare and |
| 8 | | Family Services' liabilities,
including, but not limited |
| 9 | | to, numbers of aid recipients, levels of medical
service |
| 10 | | utilization by aid recipients, and inflation in the cost |
| 11 | | of medical
services.
|
| 12 | | (3) The results of the Department's efforts to combat |
| 13 | | fraud and abuse.
|
| 14 | | (h) As provided in Section 4 of the General Assembly |
| 15 | | Compensation Act,
any utility bill for service provided to a |
| 16 | | General Assembly
member's district office for a period |
| 17 | | including portions of 2 consecutive
fiscal years may be paid |
| 18 | | from funds appropriated for such expenditure in
either fiscal |
| 19 | | year.
|
| 20 | | (i) An agency which administers a fund classified by the |
| 21 | | Comptroller as an
internal service fund may issue rules for:
|
| 22 | | (1) billing user agencies in advance for payments or |
| 23 | | authorized inter-fund transfers
based on estimated charges |
| 24 | | for goods or services;
|
| 25 | | (2) issuing credits, refunding through inter-fund |
| 26 | | transfers, or reducing future inter-fund transfers
during
|
|
| | HB5501 | - 372 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the subsequent fiscal year for all user agency payments or |
| 2 | | authorized inter-fund transfers received during the
prior |
| 3 | | fiscal year which were in excess of the final amounts owed |
| 4 | | by the user
agency for that period; and
|
| 5 | | (3) issuing catch-up billings to user agencies
during |
| 6 | | the subsequent fiscal year for amounts remaining due when |
| 7 | | payments or authorized inter-fund transfers
received from |
| 8 | | the user agency during the prior fiscal year were less |
| 9 | | than the
total amount owed for that period.
|
| 10 | | User agencies are authorized to reimburse internal service |
| 11 | | funds for catch-up
billings by vouchers drawn against their |
| 12 | | respective appropriations for the
fiscal year in which the |
| 13 | | catch-up billing was issued or by increasing an authorized |
| 14 | | inter-fund transfer during the current fiscal year. For the |
| 15 | | purposes of this Act, "inter-fund transfers" means transfers |
| 16 | | without the use of the voucher-warrant process, as authorized |
| 17 | | by Section 9.01 of the State Comptroller Act.
|
| 18 | | (i-1) Beginning on July 1, 2021, all outstanding |
| 19 | | liabilities, not payable during the 4-month lapse period as |
| 20 | | described in subsections (b-1), (b-3), (b-4), (b-5), and (c) |
| 21 | | of this Section, that are made from appropriations for that |
| 22 | | purpose for any fiscal year, without regard to the fact that |
| 23 | | the services being compensated for by those payments may have |
| 24 | | been rendered in a prior fiscal year, are limited to only those |
| 25 | | claims that have been incurred but for which a proper bill or |
| 26 | | invoice as defined by the State Prompt Payment Act has not been |
|
| | HB5501 | - 373 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | received by September 30th following the end of the fiscal |
| 2 | | year in which the service was rendered. |
| 3 | | (j) Notwithstanding any other provision of this Act, the |
| 4 | | aggregate amount of payments to be made without regard for |
| 5 | | fiscal year limitations as contained in subsections (b-1), |
| 6 | | (b-3), (b-4), (b-5), and (c) of this Section, and determined |
| 7 | | by using Generally Accepted Accounting Principles, shall not |
| 8 | | exceed the following amounts: |
| 9 | | (1) $6,000,000,000 for outstanding liabilities related |
| 10 | | to fiscal year 2012; |
| 11 | | (2) $5,300,000,000 for outstanding liabilities related |
| 12 | | to fiscal year 2013; |
| 13 | | (3) $4,600,000,000 for outstanding liabilities related |
| 14 | | to fiscal year 2014; |
| 15 | | (4) $4,000,000,000 for outstanding liabilities related |
| 16 | | to fiscal year 2015; |
| 17 | | (5) $3,300,000,000 for outstanding liabilities related |
| 18 | | to fiscal year 2016; |
| 19 | | (6) $2,600,000,000 for outstanding liabilities related |
| 20 | | to fiscal year 2017; |
| 21 | | (7) $2,000,000,000 for outstanding liabilities related |
| 22 | | to fiscal year 2018; |
| 23 | | (8) $1,300,000,000 for outstanding liabilities related |
| 24 | | to fiscal year 2019; |
| 25 | | (9) $600,000,000 for outstanding liabilities related |
| 26 | | to fiscal year 2020; and |
|
| | HB5501 | - 374 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (10) $0 for outstanding liabilities related to fiscal |
| 2 | | year 2021 and fiscal years thereafter. |
| 3 | | (k) Department of Healthcare and Family Services Medical |
| 4 | | Assistance Payments. |
| 5 | | (1) Definition of Medical Assistance. |
| 6 | | For purposes of this subsection, the term "Medical |
| 7 | | Assistance" shall include, but not necessarily be |
| 8 | | limited to, medical programs and services authorized |
| 9 | | under Titles XIX and XXI of the Social Security Act, |
| 10 | | the Illinois Public Aid Code, the Children's Health |
| 11 | | Insurance Program Act, the Covering ALL KIDS Health |
| 12 | | Insurance Act, the Long Term Acute Care Hospital |
| 13 | | Quality Improvement Transfer Program Act, and medical |
| 14 | | care to or on behalf of persons suffering from chronic |
| 15 | | renal disease, persons suffering from hemophilia, and |
| 16 | | victims of sexual assault. |
| 17 | | (2) Limitations on Medical Assistance payments that |
| 18 | | may be paid from future fiscal year appropriations. |
| 19 | | (A) The maximum amounts of annual unpaid Medical |
| 20 | | Assistance bills received and recorded by the |
| 21 | | Department of Healthcare and Family Services on or |
| 22 | | before June 30th of a particular fiscal year |
| 23 | | attributable in aggregate to the General Revenue Fund, |
| 24 | | Healthcare Provider Relief Fund, Tobacco Settlement |
| 25 | | Recovery Fund, Long-Term Care Provider Fund, and the |
| 26 | | Drug Rebate Fund that may be paid in total by the |
|
| | HB5501 | - 375 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department from future fiscal year Medical Assistance |
| 2 | | appropriations to those funds are:
$700,000,000 for |
| 3 | | fiscal year 2013 and $100,000,000 for fiscal year 2014 |
| 4 | | and each fiscal year thereafter. |
| 5 | | (B) Bills for Medical Assistance services rendered |
| 6 | | in a particular fiscal year, but received and recorded |
| 7 | | by the Department of Healthcare and Family Services |
| 8 | | after June 30th of that fiscal year, may be paid from |
| 9 | | either appropriations for that fiscal year or future |
| 10 | | fiscal year appropriations for Medical Assistance. |
| 11 | | Such payments shall not be subject to the requirements |
| 12 | | of subparagraph (A). |
| 13 | | (C) Medical Assistance bills received by the |
| 14 | | Department of Healthcare and Family Services in a |
| 15 | | particular fiscal year, but subject to payment amount |
| 16 | | adjustments in a future fiscal year may be paid from a |
| 17 | | future fiscal year's appropriation for Medical |
| 18 | | Assistance. Such payments shall not be subject to the |
| 19 | | requirements of subparagraph (A). |
| 20 | | (D) Medical Assistance payments made by the |
| 21 | | Department of Healthcare and Family Services from |
| 22 | | funds other than those specifically referenced in |
| 23 | | subparagraph (A) may be made from appropriations for |
| 24 | | those purposes for any fiscal year without regard to |
| 25 | | the fact that the Medical Assistance services being |
| 26 | | compensated for by such payment may have been rendered |
|
| | HB5501 | - 376 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in a prior fiscal year. Such payments shall not be |
| 2 | | subject to the requirements of subparagraph (A). |
| 3 | | (3) Extended lapse period for Department of Healthcare |
| 4 | | and Family Services Medical Assistance payments. |
| 5 | | Notwithstanding any other State law to the contrary, |
| 6 | | outstanding Department of Healthcare and Family Services |
| 7 | | Medical Assistance liabilities, as of June 30th, payable |
| 8 | | from appropriations which have otherwise expired, may be |
| 9 | | paid out of the expiring appropriations during the 4-month |
| 10 | | period ending at the close of business on October 31st. |
| 11 | | (l) The changes to this Section made by Public Act 97-691 |
| 12 | | shall be effective for payment of Medical Assistance bills |
| 13 | | incurred in fiscal year 2013 and future fiscal years. The |
| 14 | | changes to this Section made by Public Act 97-691 shall not be |
| 15 | | applied to Medical Assistance bills incurred in fiscal year |
| 16 | | 2012 or prior fiscal years. |
| 17 | | (m) The Comptroller must issue payments against |
| 18 | | outstanding liabilities that were received prior to the lapse |
| 19 | | period deadlines set forth in this Section as soon thereafter |
| 20 | | as practical, but no payment may be issued after the 4 months |
| 21 | | following the lapse period deadline without the signed |
| 22 | | authorization of the Comptroller and the Governor. |
| 23 | | (Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; |
| 24 | | 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff. |
| 25 | | 8-6-21; revised 9-28-21.)
|
|
| | HB5501 | - 377 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 220. 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 | | bidders, offerors, potential contractors, or contractors were |
| 7 | | first
solicited on or after July 1, 1998. This Code shall not |
| 8 | | be construed to affect
or impair any contract, or any |
| 9 | | provision of a contract, entered into based on a
solicitation |
| 10 | | prior to the implementation date of this Code as described in
|
| 11 | | Article 99, including, but not limited to, any covenant |
| 12 | | entered into with respect
to any revenue bonds or similar |
| 13 | | instruments.
All procurements for which contracts are |
| 14 | | solicited between the effective date
of Articles 50 and 99 and |
| 15 | | July 1, 1998 shall be substantially in accordance
with this |
| 16 | | Code and its intent.
|
| 17 | | (b) This Code shall apply regardless of the source of the |
| 18 | | funds with which
the contracts are paid, including federal |
| 19 | | assistance moneys. This
Code shall
not apply to:
|
| 20 | | (1) Contracts between the State and its political |
| 21 | | subdivisions or other
governments, or between State |
| 22 | | governmental bodies, except as specifically provided in |
| 23 | | this Code.
|
| 24 | | (2) Grants, except for the filing requirements of |
| 25 | | Section 20-80.
|
|
| | HB5501 | - 378 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) Purchase of care, except as provided in Section |
| 2 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
|
| 3 | | (4) Hiring of an individual as an employee and not as |
| 4 | | an independent
contractor, whether pursuant to an |
| 5 | | employment code or policy or by contract
directly with |
| 6 | | that individual.
|
| 7 | | (5) Collective bargaining contracts.
|
| 8 | | (6) Purchase of real estate, except that notice of |
| 9 | | this type of contract with a value of more than $25,000 |
| 10 | | must be published in the Procurement Bulletin within 10 |
| 11 | | calendar days after the deed is recorded in the county of |
| 12 | | jurisdiction. The notice shall identify the real estate |
| 13 | | purchased, the names of all parties to the contract, the |
| 14 | | value of the contract, and the effective date of the |
| 15 | | contract.
|
| 16 | | (7) Contracts necessary to prepare for anticipated |
| 17 | | litigation, enforcement
actions, or investigations, |
| 18 | | provided
that the chief legal counsel to the Governor |
| 19 | | shall give his or her prior
approval when the procuring |
| 20 | | agency is one subject to the jurisdiction of the
Governor, |
| 21 | | and provided that the chief legal counsel of any other |
| 22 | | procuring
entity
subject to this Code shall give his or |
| 23 | | her prior approval when the procuring
entity is not one |
| 24 | | subject to the jurisdiction of the Governor.
|
| 25 | | (8) (Blank).
|
| 26 | | (9) Procurement expenditures by the Illinois |
|
| | HB5501 | - 379 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Conservation Foundation
when only private funds are used.
|
| 2 | | (10) (Blank). |
| 3 | | (11) Public-private agreements entered into according |
| 4 | | to the procurement requirements of Section 20 of the |
| 5 | | Public-Private Partnerships for Transportation Act and |
| 6 | | design-build agreements entered into according to the |
| 7 | | procurement requirements of Section 25 of the |
| 8 | | Public-Private Partnerships for Transportation Act. |
| 9 | | (12) (A) Contracts for legal, financial, and other |
| 10 | | professional and artistic services entered into by the |
| 11 | | Illinois Finance Authority in which the State of Illinois |
| 12 | | is not obligated. Such contracts shall be awarded through |
| 13 | | a competitive process authorized by the members of the |
| 14 | | Illinois Finance Authority and are subject to Sections |
| 15 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, |
| 16 | | as well as the final approval by the members of the |
| 17 | | Illinois Finance Authority of the terms of the contract. |
| 18 | | (B) Contracts for legal and financial services entered |
| 19 | | into by the Illinois Housing Development Authority in |
| 20 | | connection with the issuance of bonds in which the State |
| 21 | | of Illinois is not obligated. Such contracts shall be |
| 22 | | awarded through a competitive process authorized by the |
| 23 | | members of the Illinois Housing Development Authority and |
| 24 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
| 25 | | and 50-37 of this Code, as well as the final approval by |
| 26 | | the members of the Illinois Housing Development Authority |
|
| | HB5501 | - 380 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the terms of the contract. |
| 2 | | (13) Contracts for services, commodities, and |
| 3 | | equipment to support the delivery of timely forensic |
| 4 | | science services in consultation with and subject to the |
| 5 | | approval of the Chief Procurement Officer as provided in |
| 6 | | subsection (d) of Section 5-4-3a of the Unified Code of |
| 7 | | Corrections, except for the requirements of Sections |
| 8 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
| 9 | | Code; however, the Chief Procurement Officer may, in |
| 10 | | writing with justification, waive any certification |
| 11 | | required under Article 50 of this Code. For any contracts |
| 12 | | for services which are currently provided by members of a |
| 13 | | collective bargaining agreement, the applicable terms of |
| 14 | | the collective bargaining agreement concerning |
| 15 | | subcontracting shall be followed. |
| 16 | | On and after January 1, 2019, this paragraph (13), |
| 17 | | except for this sentence, is inoperative. |
| 18 | | (14) Contracts for participation expenditures required |
| 19 | | by a domestic or international trade show or exhibition of |
| 20 | | an exhibitor, member, or sponsor. |
| 21 | | (15) Contracts with a railroad or utility that |
| 22 | | requires the State to reimburse the railroad or utilities |
| 23 | | for the relocation of utilities for construction or other |
| 24 | | public purpose. Contracts included within this paragraph |
| 25 | | (15) shall include, but not be limited to, those |
| 26 | | associated with: relocations, crossings, installations, |
|
| | HB5501 | - 381 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and maintenance. For the purposes of this paragraph (15), |
| 2 | | "railroad" means any form of non-highway ground |
| 3 | | transportation that runs on rails or electromagnetic |
| 4 | | guideways and "utility" means: (1) public utilities as |
| 5 | | defined in Section 3-105 of the Public Utilities Act, (2) |
| 6 | | telecommunications carriers as defined in Section 13-202 |
| 7 | | of the Public Utilities Act, (3) electric cooperatives as |
| 8 | | defined in Section 3.4 of the Electric Supplier Act, (4) |
| 9 | | telephone or telecommunications cooperatives as defined in |
| 10 | | Section 13-212 of the Public Utilities Act, (5) rural |
| 11 | | water or waste water systems with 10,000 connections or |
| 12 | | less, (6) a holder as defined in Section 21-201 of the |
| 13 | | Public Utilities Act, and (7) municipalities owning or |
| 14 | | operating utility systems consisting of public utilities |
| 15 | | as that term is defined in Section 11-117-2 of the |
| 16 | | Illinois Municipal Code. |
| 17 | | (16) Procurement expenditures necessary for the |
| 18 | | Department of Public Health to provide the delivery of |
| 19 | | timely newborn screening services in accordance with the |
| 20 | | Newborn Metabolic Screening Act. |
| 21 | | (17) Procurement expenditures necessary for the |
| 22 | | Department of Agriculture, the Department of Financial and |
| 23 | | Professional Regulation, the Department of Human Services, |
| 24 | | and the Department of Public Health to implement the |
| 25 | | Compassionate Use of Medical Cannabis Program and Opioid |
| 26 | | Alternative Pilot Program requirements and ensure access |
|
| | HB5501 | - 382 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to medical cannabis for patients with debilitating medical |
| 2 | | conditions in accordance with the Compassionate Use of |
| 3 | | Medical Cannabis Program Act. |
| 4 | | (18) This Code does not apply to any procurements |
| 5 | | necessary for the Department of Agriculture, the |
| 6 | | Department of Financial and Professional Regulation, the |
| 7 | | Department of Human Services, the Department of Commerce |
| 8 | | and Economic Opportunity, and the Department of Public |
| 9 | | Health to implement the Cannabis Regulation and Tax Act if |
| 10 | | the applicable agency has made a good faith determination |
| 11 | | that it is necessary and appropriate for the expenditure |
| 12 | | to fall within this exemption and if the process is |
| 13 | | conducted in a manner substantially in accordance with the |
| 14 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, |
| 15 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
| 16 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for |
| 17 | | Section 50-35, compliance applies only to contracts or |
| 18 | | subcontracts over $100,000. Notice of each contract |
| 19 | | entered into under this paragraph (18) that is related to |
| 20 | | the procurement of goods and services identified in |
| 21 | | paragraph (1) through (9) of this subsection shall be |
| 22 | | published in the Procurement Bulletin within 14 calendar |
| 23 | | days after contract execution. The Chief Procurement |
| 24 | | Officer shall prescribe the form and content of the |
| 25 | | notice. Each agency shall provide the Chief Procurement |
| 26 | | Officer, on a monthly basis, in the form and content |
|
| | HB5501 | - 383 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | prescribed by the Chief Procurement Officer, a report of |
| 2 | | contracts that are related to the procurement of goods and |
| 3 | | services identified in this subsection. At a minimum, this |
| 4 | | report shall include the name of the contractor, a |
| 5 | | description of the supply or service provided, the total |
| 6 | | amount of the contract, the term of the contract, and the |
| 7 | | exception to this Code utilized. A copy of any or all of |
| 8 | | these contracts shall be made available to the Chief |
| 9 | | Procurement Officer immediately upon request. The Chief |
| 10 | | Procurement Officer shall submit a report to the Governor |
| 11 | | and General Assembly no later than November 1 of each year |
| 12 | | that includes, at a minimum, an annual summary of the |
| 13 | | monthly information reported to the Chief Procurement |
| 14 | | Officer. This exemption becomes inoperative 5 years after |
| 15 | | June 25, 2019 (the effective date of Public Act 101-27). |
| 16 | | (19) Acquisition of modifications or adjustments, |
| 17 | | limited to assistive technology devices and assistive |
| 18 | | technology services, adaptive equipment, repairs, and |
| 19 | | replacement parts to provide reasonable accommodations (i) |
| 20 | | that enable a qualified applicant with a disability to |
| 21 | | complete the job application process and be considered for |
| 22 | | the position such qualified applicant desires, (ii) that |
| 23 | | modify or adjust the work environment to enable a |
| 24 | | qualified current employee with a disability to perform |
| 25 | | the essential functions of the position held by that |
| 26 | | employee, (iii) to enable a qualified current employee |
|
| | HB5501 | - 384 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with a disability to enjoy equal benefits and privileges |
| 2 | | of employment as are enjoyed by its other similarly |
| 3 | | situated employees without disabilities, and (iv) that |
| 4 | | allow a customer, client, claimant, or member of the |
| 5 | | public seeking State services full use and enjoyment of |
| 6 | | and access to its programs, services, or benefits. |
| 7 | | For purposes of this paragraph (19): |
| 8 | | "Assistive technology devices" means any item, piece |
| 9 | | of equipment, or product system, whether acquired |
| 10 | | commercially off the shelf, modified, or customized, that |
| 11 | | is used to increase, maintain, or improve functional |
| 12 | | capabilities of individuals with disabilities. |
| 13 | | "Assistive technology services" means any service that |
| 14 | | directly assists an individual with a disability in |
| 15 | | selection, acquisition, or use of an assistive technology |
| 16 | | device. |
| 17 | | "Qualified" has the same meaning and use as provided |
| 18 | | under the federal Americans with Disabilities Act when |
| 19 | | describing an individual with a disability. |
| 20 | | (20) (19) Procurement expenditures necessary for the
|
| 21 | | Illinois Commerce Commission to hire third-party
|
| 22 | | facilitators pursuant to Sections 16-105.17 and Section
|
| 23 | | 16-108.18 of the Public Utilities Act or an ombudsman |
| 24 | | pursuant to Section 16-107.5 of the Public Utilities Act, |
| 25 | | a facilitator pursuant to Section 16-105.17 of the Public |
| 26 | | Utilities Act, or a grid auditor pursuant to Section |
|
| | HB5501 | - 385 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 16-105.10 of the Public Utilities Act. |
| 2 | | Notwithstanding any other provision of law, for contracts |
| 3 | | entered into on or after October 1, 2017 under an exemption |
| 4 | | provided in any paragraph of this subsection (b), except |
| 5 | | paragraph (1), (2), or (5), each State agency shall post to the |
| 6 | | appropriate procurement bulletin the name of the contractor, a |
| 7 | | description of the supply or service provided, the total |
| 8 | | amount of the contract, the term of the contract, and the |
| 9 | | exception to the Code utilized. The chief procurement officer |
| 10 | | shall submit a report to the Governor and General Assembly no |
| 11 | | later than November 1 of each year that shall include, at a |
| 12 | | minimum, an annual summary of the monthly information reported |
| 13 | | to the chief procurement officer. |
| 14 | | (c) This Code does not apply to the electric power |
| 15 | | procurement process provided for under Section 1-75 of the |
| 16 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
| 17 | | Utilities Act. |
| 18 | | (d) Except for Section 20-160 and Article 50 of this Code, |
| 19 | | and as expressly required by Section 9.1 of the Illinois |
| 20 | | Lottery Law, the provisions of this Code do not apply to the |
| 21 | | procurement process provided for under Section 9.1 of the |
| 22 | | Illinois Lottery Law. |
| 23 | | (e) This Code does not apply to the process used by the |
| 24 | | Capital Development Board to retain a person or entity to |
| 25 | | assist the Capital Development Board with its duties related |
| 26 | | to the determination of costs of a clean coal SNG brownfield |
|
| | HB5501 | - 386 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | facility, as defined by Section 1-10 of the Illinois Power |
| 2 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
| 3 | | of the Public Utilities Act, including calculating the range |
| 4 | | of capital costs, the range of operating and maintenance |
| 5 | | costs, or the sequestration costs or monitoring the |
| 6 | | construction of clean coal SNG brownfield facility for the |
| 7 | | full duration of construction. |
| 8 | | (f) (Blank). |
| 9 | | (g) (Blank). |
| 10 | | (h) This Code does not apply to the process to procure or |
| 11 | | contracts entered into in accordance with Sections 11-5.2 and |
| 12 | | 11-5.3 of the Illinois Public Aid Code. |
| 13 | | (i) Each chief procurement officer may access records |
| 14 | | necessary to review whether a contract, purchase, or other |
| 15 | | expenditure is or is not subject to the provisions of this |
| 16 | | Code, unless such records would be subject to attorney-client |
| 17 | | privilege. |
| 18 | | (j) This Code does not apply to the process used by the |
| 19 | | Capital Development Board to retain an artist or work or works |
| 20 | | of art as required in Section 14 of the Capital Development |
| 21 | | Board Act. |
| 22 | | (k) This Code does not apply to the process to procure |
| 23 | | contracts, or contracts entered into, by the State Board of |
| 24 | | Elections or the State Electoral Board for hearing officers |
| 25 | | appointed pursuant to the Election Code. |
| 26 | | (l) This Code does not apply to the processes used by the |
|
| | HB5501 | - 387 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois Student Assistance Commission to procure supplies and |
| 2 | | services paid for from the private funds of the Illinois |
| 3 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
| 4 | | funds" means funds derived from deposits paid into the |
| 5 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
| 6 | | (m) This Code shall apply regardless of the source of |
| 7 | | funds with which contracts are paid, including federal |
| 8 | | assistance moneys. Except as specifically provided in this |
| 9 | | Code, this Code shall not apply to procurement expenditures |
| 10 | | necessary for the Department of Public Health to conduct the |
| 11 | | Healthy Illinois Survey in accordance with Section 2310-431 of |
| 12 | | the Department of Public Health Powers and Duties Law of the |
| 13 | | Civil Administrative Code of Illinois. |
| 14 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
| 15 | | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff |
| 16 | | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, |
| 17 | | eff. 9-15-21; revised 11-23-21.)
|
| 18 | | Section 225. The State Property Control Act is amended by |
| 19 | | changing Sections 7b and 7c as follows:
|
| 20 | | (30 ILCS 605/7b)
|
| 21 | | Sec. 7b. Maintenance and operation of Illinois State |
| 22 | | Police vehicles. All proceeds received by the Department
of |
| 23 | | Central Management Services under this Act from the sale of |
| 24 | | vehicles
operated
by the Illinois State Police shall be |
|
| | HB5501 | - 388 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | deposited
into the State Police Vehicle Fund.
Illinois
|
| 2 | | (Source: P.A. 101-636, eff. 6-10-20; 102-505, eff. 8-20-21; |
| 3 | | 102-538, eff. 8-20-21; revised 10-28-21.)
|
| 4 | | (30 ILCS 605/7c) |
| 5 | | Sec. 7c. Acquisition of Illinois State Police vehicles. |
| 6 | | (a) The State Police Vehicle Fund is created as a special |
| 7 | | fund in the State treasury. All moneys in the Fund, subject to |
| 8 | | appropriation, shall be used by the Illinois State Police: |
| 9 | | (1) for the acquisition of vehicles for the Illinois |
| 10 | | State Police; |
| 11 | | (2) for debt service on bonds issued to finance the |
| 12 | | acquisition of vehicles for the Illinois State Police; or
|
| 13 | | (3) for the maintenance and operation of vehicles for |
| 14 | | the Illinois State Police. |
| 15 | | (b) Notwithstanding any other provision of law to the |
| 16 | | contrary, and in addition to any other transfers that may be |
| 17 | | provided by law, on August 20, 2021 (the effective date of |
| 18 | | Public Act 102-505) this amendatory Act of the 102nd General |
| 19 | | Assembly, or as soon thereafter as practicable, the State |
| 20 | | Comptroller shall direct and the State Treasurer shall |
| 21 | | transfer the remaining balance from the State Police Vehicle |
| 22 | | Maintenance Fund into the State Police Vehicle Fund. Upon |
| 23 | | completion of the transfer, the State Police Vehicle |
| 24 | | Maintenance Fund is dissolved, and any future deposits due to |
| 25 | | that Fund and any outstanding obligations or liabilities of |
|
| | HB5501 | - 389 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | that Fund shall pass to the State Police Vehicle Fund. |
| 2 | | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; |
| 3 | | revised 11-2-21.)
|
| 4 | | Section 230. The Grant Accountability and Transparency Act |
| 5 | | is amended by changing Sections 20 and 45 as follows:
|
| 6 | | (30 ILCS 708/20)
|
| 7 | | Sec. 20. Adoption of federal rules applicable to grants. |
| 8 | | (a) On or before July 1, 2016, the Governor's Office of |
| 9 | | Management and Budget, with the advice and technical |
| 10 | | assistance of the Illinois Single Audit Commission, shall |
| 11 | | adopt rules which adopt the Uniform Guidance at 2 CFR 200. The |
| 12 | | rules, which shall apply to all State and federal pass-through |
| 13 | | awards effective on and after July 1, 2016, shall include the |
| 14 | | following:
|
| 15 | | (1) Administrative requirements. In accordance with |
| 16 | | Subparts B through D of 2 CFR 200, the rules shall set |
| 17 | | forth the uniform administrative requirements for grant |
| 18 | | and cooperative agreements, including the requirements for |
| 19 | | the management by State awarding agencies of federal grant |
| 20 | | programs before State and federal pass-through awards have |
| 21 | | been made and requirements that State awarding agencies |
| 22 | | may impose on non-federal entities in State and federal |
| 23 | | pass-through awards.
|
| 24 | | (2) Cost principles. In accordance with Subpart E of 2 |
|
| | HB5501 | - 390 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | CFR 200, the rules shall establish principles for |
| 2 | | determining the allowable costs incurred by non-federal |
| 3 | | entities under State and federal pass-through awards. The |
| 4 | | principles are intended for cost determination, but are |
| 5 | | not intended to identify the circumstances or dictate the |
| 6 | | extent of State or federal pass-through participation in |
| 7 | | financing a particular program or project. The principles |
| 8 | | shall provide that State and federal awards bear their |
| 9 | | fair share of cost recognized under these principles, |
| 10 | | except where restricted or prohibited by State or federal |
| 11 | | law.
|
| 12 | | (3) Audit and single audit requirements and audit |
| 13 | | follow-up. In accordance with Subpart F of 2 CFR 200 and |
| 14 | | the federal Single Audit Act Amendments of 1996, the rules |
| 15 | | shall set forth standards to obtain consistency and |
| 16 | | uniformity among State and federal pass-through awarding |
| 17 | | agencies for the audit of non-federal entities expending |
| 18 | | State and federal awards. These provisions shall also set |
| 19 | | forth the policies and procedures for State and federal |
| 20 | | pass-through entities when using the results of these |
| 21 | | audits. |
| 22 | | The provisions of this item (3) do not apply to |
| 23 | | for-profit subrecipients because for-profit subrecipients |
| 24 | | are not subject to the requirements of 2 CFR 200, Subpart |
| 25 | | F, Audits of States, Local and Non-Profit Organizations. |
| 26 | | Audits of for-profit subrecipients must be conducted |
|
| | HB5501 | - 391 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pursuant to a Program Audit Guide issued by the Federal |
| 2 | | awarding agency. If a Program Audit Guide is not |
| 3 | | available, the State awarding agency must prepare a |
| 4 | | Program Audit Guide in accordance with the 2 CFR 200, |
| 5 | | Subpart F – Audit Requirements - Compliance Supplement. |
| 6 | | For-profit entities are subject to all other general |
| 7 | | administrative requirements and cost principles applicable |
| 8 | | to grants. |
| 9 | | (b) This Act addresses only State and federal pass-through |
| 10 | | auditing functions and does not address the external audit |
| 11 | | function of the Auditor General. |
| 12 | | (c) For public institutions of higher education, the |
| 13 | | provisions of this Section apply only to awards funded by |
| 14 | | federal pass-through awards from a State agency to public |
| 15 | | institutions of higher education. Federal pass-through awards |
| 16 | | from a State agency to public institutions of higher education |
| 17 | | are governed by and must comply with federal guidelines under |
| 18 | | 2 CFR 200. |
| 19 | | (d) The State grant-making agency is responsible for |
| 20 | | establishing requirements, as necessary, to ensure compliance |
| 21 | | by for-profit subrecipients. The agreement with the for-profit |
| 22 | | subrecipient shall describe the applicable compliance |
| 23 | | requirements and the for-profit subrecipient's compliance |
| 24 | | responsibility. Methods to ensure compliance for State and |
| 25 | | federal pass-through awards made to for-profit subrecipients |
| 26 | | shall include pre-award, audits, monitoring during the |
|
| | HB5501 | - 392 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | agreement, and post-award audits. The Governor's Office of |
| 2 | | Management and Budget shall provide such advice and technical |
| 3 | | assistance to the State grant-making agency as is necessary or |
| 4 | | indicated.
|
| 5 | | (Source: P.A. 102-626, eff. 8-27-21; revised 12-2-21.)
|
| 6 | | (30 ILCS 708/45)
|
| 7 | | Sec. 45. Applicability.
|
| 8 | | (a) Except as otherwise provided in this Section, the |
| 9 | | requirements established under this Act apply to State |
| 10 | | grant-making agencies that make State and federal pass-through |
| 11 | | awards to non-federal entities. These requirements apply to |
| 12 | | all costs related to State and federal pass-through awards.
|
| 13 | | The requirements established under this Act do not apply to |
| 14 | | private awards, to allocations of State revenues paid over by |
| 15 | | the Comptroller to units of local government and other taxing |
| 16 | | districts pursuant to the State Revenue Sharing Act from the |
| 17 | | Local Government Distributive Fund or the Personal Property |
| 18 | | Tax Replacement Fund, or to allotments of State motor fuel tax |
| 19 | | revenues distributed by the Department of Transportation to |
| 20 | | units of local government pursuant to the Motor Fuel Tax Law |
| 21 | | from the Motor Fuel Tax Fund or the Transportation Renewal |
| 22 | | Fund. |
| 23 | | (a-5) Nothing in this Act shall prohibit the use of State |
| 24 | | funds for purposes of federal match or maintenance of effort. |
| 25 | | (b) The terms and conditions of State, federal, and |
|
| | HB5501 | - 393 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pass-through awards apply to subawards and subrecipients |
| 2 | | unless a particular Section of this Act or the terms and |
| 3 | | conditions of the State or federal award specifically indicate |
| 4 | | otherwise. Non-federal entities shall comply with requirements |
| 5 | | of this Act regardless of whether the non-federal entity is a |
| 6 | | recipient or subrecipient of a State or federal pass-through |
| 7 | | award. Pass-through entities shall comply with the |
| 8 | | requirements set forth under the rules adopted under |
| 9 | | subsection (a) of Section 20 of this Act, but not to any |
| 10 | | requirements in this Act directed towards State or federal |
| 11 | | awarding agencies, unless the requirements of the State or |
| 12 | | federal awards indicate otherwise.
|
| 13 | | When a non-federal entity is awarded a cost-reimbursement |
| 14 | | contract, only 2 CFR 200.330 through 200.332 are incorporated |
| 15 | | by reference into the contract. However, when the Cost |
| 16 | | Accounting Standards are applicable to the contract, they take |
| 17 | | precedence over the requirements of this Act unless they are |
| 18 | | in conflict with Subpart F of 2 CFR 200. In addition, costs |
| 19 | | that are made unallowable under 10 U.S.C. 2324(e) and 41 |
| 20 | | U.S.C. 4304(a), as described in the Federal Acquisition |
| 21 | | Regulations, subpart 31.2 and subpart 31.603, are always |
| 22 | | unallowable. For requirements other than those covered in |
| 23 | | Subpart D of 2 CFR 200.330 through 200.332, the terms of the |
| 24 | | contract and the Federal Acquisition Regulations apply.
|
| 25 | | With the exception of Subpart F of 2 CFR 200, which is |
| 26 | | required by the Single Audit Act, in any circumstances where |
|
| | HB5501 | - 394 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the provisions of federal statutes or regulations differ from |
| 2 | | the provisions of this Act, the provision of the federal |
| 3 | | statutes or regulations govern. This includes, for agreements |
| 4 | | with Indian tribes, the provisions of the Indian |
| 5 | | Self-Determination and Education and Assistance Act, as |
| 6 | | amended, 25 U.S.C. 450-458ddd-2.
|
| 7 | | (c) State grant-making agencies may apply subparts A |
| 8 | | through E of 2 CFR 200 to for-profit entities, foreign public |
| 9 | | entities, or foreign organizations, except where the awarding |
| 10 | | agency determines that the application of these subparts would |
| 11 | | be inconsistent with the international obligations of the |
| 12 | | United States or the statute or regulations of a foreign |
| 13 | | government.
|
| 14 | | (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to |
| 15 | | different types of awards. The same applicability applies to |
| 16 | | this Act.
|
| 17 | | (e) (Blank). |
| 18 | | (f) For public institutions of higher education, the |
| 19 | | provisions of this Act apply only to awards funded by federal |
| 20 | | pass-through awards from a State agency to public institutions |
| 21 | | of higher education. This Act shall recognize provisions in 2 |
| 22 | | CFR 200 as applicable to public institutions of higher |
| 23 | | education, including Appendix III of Part 200 and the cost |
| 24 | | principles under Subpart E. |
| 25 | | (g) Each grant-making agency shall enhance its processes |
| 26 | | to monitor and address noncompliance with reporting |
|
| | HB5501 | - 395 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | requirements and with program performance standards. Where |
| 2 | | applicable, the process may include a corrective action plan. |
| 3 | | The monitoring process shall include a plan for tracking and |
| 4 | | documenting performance-based contracting decisions.
|
| 5 | | (h) Notwithstanding any provision of law to the contrary, |
| 6 | | grants awarded from federal funds received from the federal |
| 7 | | Coronavirus State Fiscal Recovery Fund in accordance with |
| 8 | | Section 9901 of the American Rescue Plan Act of 2021 are |
| 9 | | subject to the provisions of this Act, but only to the extent |
| 10 | | required by Section 9901 of the American Rescue Plan Act of |
| 11 | | 2021 and other applicable federal law or regulation. |
| 12 | | (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21; |
| 13 | | 102-626, eff. 8-27-21; revised 10-27-21.)
|
| 14 | | Section 235. The Intergovernmental Drug Laws Enforcement |
| 15 | | Act is amended by changing Section 3 as follows:
|
| 16 | | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
|
| 17 | | Sec. 3.
A Metropolitan Enforcement Group which meets the |
| 18 | | minimum
criteria established in this Section is eligible to |
| 19 | | receive State grants
to help defray the costs of operation. To |
| 20 | | be eligible a MEG must:
|
| 21 | | (1) Be established and operating pursuant to |
| 22 | | intergovernmental
contracts written and executed in |
| 23 | | conformity with the Intergovernmental
Cooperation Act, and |
| 24 | | involve 2 or more units of local government.
|
|
| | HB5501 | - 396 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) Establish a MEG Policy Board composed of an |
| 2 | | elected official, or
his designee, and the chief law |
| 3 | | enforcement officer, or his designee,
from each |
| 4 | | participating unit of local government to oversee the
|
| 5 | | operations of the MEG and make such reports to the |
| 6 | | Illinois State
Police as the Illinois State
Police may |
| 7 | | require.
|
| 8 | | (3) Designate a single appropriate elected official of |
| 9 | | a
participating unit of local government to act as the |
| 10 | | financial officer
of the MEG for all participating units |
| 11 | | of local government and to
receive funds for the operation |
| 12 | | of the MEG.
|
| 13 | | (4) Limit its operations to enforcement of drug laws; |
| 14 | | enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, |
| 15 | | 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, |
| 16 | | 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, |
| 17 | | 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the
Criminal Code |
| 18 | | of 2012; Sections 2, 3, 6.1, and 14 of the Firearm Owners |
| 19 | | Identification Card Act; and the investigation of |
| 20 | | streetgang related offenses.
|
| 21 | | (5) Cooperate with the Illinois State Police in order |
| 22 | | to
assure compliance with this Act and to enable the |
| 23 | | Illinois State
Police to fulfill
its duties under this |
| 24 | | Act, and supply the Illinois State
Police with all
|
| 25 | | information the Illinois State
Police deems necessary |
| 26 | | therefor.
|
|
| | HB5501 | - 397 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (6) Receive funding of at least 50% of the total |
| 2 | | operating budget of
the MEG from the participating units |
| 3 | | of local government.
|
| 4 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 5 | | revised 10-6-21.)
|
| 6 | | Section 240. The State Mandates Act is amended by changing |
| 7 | | Sections 8.43, 8.44, and 8.45 as follows:
|
| 8 | | (30 ILCS 805/8.43) |
| 9 | | Sec. 8.43. Exempt mandate. |
| 10 | | (a) Notwithstanding Sections 6 and 8 of this Act, no |
| 11 | | reimbursement by the State is required for the implementation |
| 12 | | of any mandate created by Public Act 101-11, 101-49, 101-275, |
| 13 | | 101-320, 101-377, 101-387, 101-474, 101-492, 101-502, 101-504, |
| 14 | | 101-522, 101-610, or 101-627, or 101-673. |
| 15 | | (b) Notwithstanding Sections 6 and 8 of this Act, no |
| 16 | | reimbursement by the State is required for the implementation |
| 17 | | of any mandate created by the Seizure Smart School Act. |
| 18 | | (Source: P.A. 101-11, eff. 6-7-19; 101-49, eff. 7-12-19; |
| 19 | | 101-50, eff. 7-1-20; 101-275, eff. 8-9-19; 101-320, eff. |
| 20 | | 8-9-19; 101-377, eff. 8-16-19; 101-387, eff. 8-16-19; 101-474, |
| 21 | | eff. 8-23-19; 101-492, eff. 8-23-19; 101-502, eff. 8-23-19; |
| 22 | | 101-504, eff. 7-1-20; 101-522, eff. 8-23-19; 101-610, eff. |
| 23 | | 1-1-20; 101-627, eff. 1-24-20; 101-673, eff. 4-5-21; 102-558, |
| 24 | | eff. 8-20-21; revised 9-28-21.)
|
|
| | HB5501 | - 398 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (30 ILCS 805/8.44) |
| 2 | | Sec. 8.44. Exempt mandate. |
| 3 | | (a) Notwithstanding Sections 6 and 8 of this Act, no |
| 4 | | reimbursement by the State is required for the implementation |
| 5 | | of any mandate created by Section 4-7 of the Illinois Local |
| 6 | | Library Act or Section 30-55.60 of the Public Library District |
| 7 | | Act of 1991.
|
| 8 | | (b) Notwithstanding Sections 6 and 8 of this Act, no |
| 9 | | reimbursement by the State is required for the implementation |
| 10 | | of any mandate created by Public Act 101-633 or 101-653. |
| 11 | | (Source: P.A. 101-632, eff. 6-5-20; 101-633, eff. 6-5-20; |
| 12 | | 101-653, eff. 2-28-21; 102-558, eff. 8-20-21; revised |
| 13 | | 8-20-21.)
|
| 14 | | (30 ILCS 805/8.45) |
| 15 | | (Text of Section before amendment by P.A. 102-466) |
| 16 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and |
| 17 | | 8 of this Act, no reimbursement by the State is required for |
| 18 | | the implementation of any mandate created by Public Act |
| 19 | | 102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125, |
| 20 | | 102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-540, |
| 21 | | 102-552, or 102-636 this amendatory Act of the 102nd General |
| 22 | | Assembly.
|
| 23 | | (Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21; |
| 24 | | 102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22; |
|
| | HB5501 | - 399 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff. |
| 2 | | 7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265, |
| 3 | | eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21; |
| 4 | | 102-540, eff. 8-20-21; 102-552, eff. 1-1-22; 102-636, eff. |
| 5 | | 8-27-21; revised 10-1-21.)
|
| 6 | | (Text of Section after amendment by P.A. 102-466) |
| 7 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and |
| 8 | | 8 of this Act, no reimbursement by the State is required for |
| 9 | | the implementation of any mandate created by Public Act |
| 10 | | 102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125, |
| 11 | | 102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-466, |
| 12 | | 102-540, 102-552, or 102-636 this amendatory Act of the 102nd |
| 13 | | General Assembly.
|
| 14 | | (Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21; |
| 15 | | 102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22; |
| 16 | | 102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff. |
| 17 | | 7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265, |
| 18 | | eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21; |
| 19 | | 102-466, eff. 7-1-25; 102-540, eff. 8-20-21; 102-552, eff. |
| 20 | | 1-1-22; 102-636, eff. 8-27-21; revised 10-1-21.)
|
| 21 | | Section 245. The Illinois Income Tax Act is amended by |
| 22 | | changing Sections 203, 901, and 917 as follows:
|
| 23 | | (35 ILCS 5/203) (from Ch. 120, par. 2-203) |
|
| | HB5501 | - 401 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 1, 1991, the retrospective application date of
Article |
| 2 | | 4 of Public Act 87-17. In the case of multi-unit or |
| 3 | | multi-use
structures and farm dwellings, the taxes on |
| 4 | | the taxpayer's principal residence
shall be that |
| 5 | | portion of the total taxes for the entire property |
| 6 | | which is
attributable to such principal residence; |
| 7 | | (D) An amount equal to the amount of the capital |
| 8 | | gain deduction
allowable under the Internal Revenue |
| 9 | | Code, to the extent deducted from gross
income in the |
| 10 | | computation of adjusted gross income; |
| 11 | | (D-5) An amount, to the extent not included in |
| 12 | | adjusted gross income,
equal to the amount of money |
| 13 | | withdrawn by the taxpayer in the taxable year from
a |
| 14 | | medical care savings account and the interest earned |
| 15 | | on the account in the
taxable year of a withdrawal |
| 16 | | pursuant to subsection (b) of Section 20 of the
|
| 17 | | Medical Care Savings Account Act or subsection (b) of |
| 18 | | Section 20 of the
Medical Care Savings Account Act of |
| 19 | | 2000; |
| 20 | | (D-10) For taxable years ending after December 31, |
| 21 | | 1997, an
amount equal to any eligible remediation |
| 22 | | costs that the individual
deducted in computing |
| 23 | | adjusted gross income and for which the
individual |
| 24 | | claims a credit under subsection (l) of Section 201; |
| 25 | | (D-15) For taxable years 2001 and thereafter, an |
| 26 | | amount equal to the
bonus depreciation deduction taken |
|
| | HB5501 | - 402 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | on the taxpayer's federal income tax return for the |
| 2 | | taxable
year under subsection (k) of Section 168 of |
| 3 | | the Internal Revenue Code; |
| 4 | | (D-16) If the taxpayer sells, transfers, abandons, |
| 5 | | or otherwise disposes of property for which the |
| 6 | | taxpayer was required in any taxable year to
make an |
| 7 | | addition modification under subparagraph (D-15), then |
| 8 | | an amount equal
to the aggregate amount of the |
| 9 | | deductions taken in all taxable
years under |
| 10 | | subparagraph (Z) with respect to that property. |
| 11 | | If the taxpayer continues to own property through |
| 12 | | the last day of the last tax year for which a |
| 13 | | subtraction is allowed with respect to that property |
| 14 | | under subparagraph (Z) and for which the taxpayer was |
| 15 | | allowed in any taxable year to make a subtraction |
| 16 | | modification under subparagraph (Z), then an amount |
| 17 | | equal to that subtraction modification.
|
| 18 | | The taxpayer is required to make the addition |
| 19 | | modification under this
subparagraph
only once with |
| 20 | | respect to any one piece of property; |
| 21 | | (D-17) An amount equal to the amount otherwise |
| 22 | | allowed as a deduction in computing base income for |
| 23 | | interest paid, accrued, or incurred, directly or |
| 24 | | indirectly, (i) for taxable years ending on or after |
| 25 | | December 31, 2004, to a foreign person who would be a |
| 26 | | member of the same unitary business group but for the |
|
| | HB5501 | - 403 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fact that foreign person's business activity outside |
| 2 | | the United States is 80% or more of the foreign |
| 3 | | person's total business activity and (ii) for taxable |
| 4 | | years ending on or after December 31, 2008, to a person |
| 5 | | who would be a member of the same unitary business |
| 6 | | group but for the fact that the person is prohibited |
| 7 | | under Section 1501(a)(27) from being included in the |
| 8 | | unitary business group because he or she is ordinarily |
| 9 | | required to apportion business income under different |
| 10 | | subsections of Section 304. The addition modification |
| 11 | | required by this subparagraph shall be reduced to the |
| 12 | | extent that dividends were included in base income of |
| 13 | | the unitary group for the same taxable year and |
| 14 | | received by the taxpayer or by a member of the |
| 15 | | taxpayer's unitary business group (including amounts |
| 16 | | included in gross income under Sections 951 through |
| 17 | | 964 of the Internal Revenue Code and amounts included |
| 18 | | in gross income under Section 78 of the Internal |
| 19 | | Revenue Code) with respect to the stock of the same |
| 20 | | person to whom the interest was paid, accrued, or |
| 21 | | incurred. |
| 22 | | This paragraph shall not apply to the following:
|
| 23 | | (i) an item of interest paid, accrued, or |
| 24 | | incurred, directly or indirectly, to a person who |
| 25 | | is subject in a foreign country or state, other |
| 26 | | than a state which requires mandatory unitary |
|
| | HB5501 | - 404 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | reporting, to a tax on or measured by net income |
| 2 | | with respect to such interest; or |
| 3 | | (ii) an item of interest paid, accrued, or |
| 4 | | incurred, directly or indirectly, to a person if |
| 5 | | the taxpayer can establish, based on a |
| 6 | | preponderance of the evidence, both of the |
| 7 | | following: |
| 8 | | (a) the person, during the same taxable |
| 9 | | year, paid, accrued, or incurred, the interest |
| 10 | | to a person that is not a related member, and |
| 11 | | (b) the transaction giving rise to the |
| 12 | | interest expense between the taxpayer and the |
| 13 | | person did not have as a principal purpose the |
| 14 | | avoidance of Illinois income tax, and is paid |
| 15 | | pursuant to a contract or agreement that |
| 16 | | reflects an arm's-length interest rate and |
| 17 | | terms; or
|
| 18 | | (iii) the taxpayer can establish, based on |
| 19 | | clear and convincing evidence, that the interest |
| 20 | | paid, accrued, or incurred relates to a contract |
| 21 | | or agreement entered into at arm's-length rates |
| 22 | | and terms and the principal purpose for the |
| 23 | | payment is not federal or Illinois tax avoidance; |
| 24 | | or
|
| 25 | | (iv) an item of interest paid, accrued, or |
| 26 | | incurred, directly or indirectly, to a person if |
|
| | HB5501 | - 405 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the taxpayer establishes by clear and convincing |
| 2 | | evidence that the adjustments are unreasonable; or |
| 3 | | if the taxpayer and the Director agree in writing |
| 4 | | to the application or use of an alternative method |
| 5 | | of apportionment under Section 304(f).
|
| 6 | | Nothing in this subsection shall preclude the |
| 7 | | Director from making any other adjustment |
| 8 | | otherwise allowed under Section 404 of this Act |
| 9 | | for any tax year beginning after the effective |
| 10 | | date of this amendment provided such adjustment is |
| 11 | | made pursuant to regulation adopted by the |
| 12 | | Department and such regulations provide methods |
| 13 | | and standards by which the Department will utilize |
| 14 | | its authority under Section 404 of this Act;
|
| 15 | | (D-18) An amount equal to the amount of intangible |
| 16 | | expenses and costs otherwise allowed as a deduction in |
| 17 | | computing base income, and that were paid, accrued, or |
| 18 | | incurred, directly or indirectly, (i) for taxable |
| 19 | | years ending on or after December 31, 2004, to a |
| 20 | | foreign person who would be a member of the same |
| 21 | | unitary business group but for the fact that the |
| 22 | | foreign person's business activity outside the United |
| 23 | | States is 80% or more of that person's total business |
| 24 | | activity and (ii) for taxable years ending on or after |
| 25 | | December 31, 2008, to a person who would be a member of |
| 26 | | the same unitary business group but for the fact that |
|
| | HB5501 | - 406 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the person is prohibited under Section 1501(a)(27) |
| 2 | | from being included in the unitary business group |
| 3 | | because he or she is ordinarily required to apportion |
| 4 | | business income under different subsections of Section |
| 5 | | 304. The addition modification required by this |
| 6 | | subparagraph shall be reduced to the extent that |
| 7 | | dividends were included in base income of the unitary |
| 8 | | group for the same taxable year and received by the |
| 9 | | taxpayer or by a member of the taxpayer's unitary |
| 10 | | business group (including amounts included in gross |
| 11 | | income under Sections 951 through 964 of the Internal |
| 12 | | Revenue Code and amounts included in gross income |
| 13 | | under Section 78 of the Internal Revenue Code) with |
| 14 | | respect to the stock of the same person to whom the |
| 15 | | intangible expenses and costs were directly or |
| 16 | | indirectly paid, incurred, or accrued. The preceding |
| 17 | | sentence does not apply to the extent that the same |
| 18 | | dividends caused a reduction to the addition |
| 19 | | modification required under Section 203(a)(2)(D-17) of |
| 20 | | this Act. As used in this subparagraph, the term |
| 21 | | "intangible expenses and costs" includes (1) expenses, |
| 22 | | losses, and costs for, or related to, the direct or |
| 23 | | indirect acquisition, use, maintenance or management, |
| 24 | | ownership, sale, exchange, or any other disposition of |
| 25 | | intangible property; (2) losses incurred, directly or |
| 26 | | indirectly, from factoring transactions or discounting |
|
| | HB5501 | - 407 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | transactions; (3) royalty, patent, technical, and |
| 2 | | copyright fees; (4) licensing fees; and (5) other |
| 3 | | similar expenses and costs.
For purposes of this |
| 4 | | subparagraph, "intangible property" includes patents, |
| 5 | | patent applications, trade names, trademarks, service |
| 6 | | marks, copyrights, mask works, trade secrets, and |
| 7 | | similar types of intangible assets. |
| 8 | | This paragraph shall not apply to the following: |
| 9 | | (i) any item of intangible expenses or costs |
| 10 | | paid, accrued, or incurred, directly or |
| 11 | | indirectly, from a transaction with a person who |
| 12 | | is subject in a foreign country or state, other |
| 13 | | than a state which requires mandatory unitary |
| 14 | | reporting, to a tax on or measured by net income |
| 15 | | with respect to such item; or |
| 16 | | (ii) any item of intangible expense or cost |
| 17 | | paid, accrued, or incurred, directly or |
| 18 | | indirectly, if the taxpayer can establish, based |
| 19 | | on a preponderance of the evidence, both of the |
| 20 | | following: |
| 21 | | (a) the person during the same taxable |
| 22 | | year paid, accrued, or incurred, the |
| 23 | | intangible expense or cost to a person that is |
| 24 | | not a related member, and |
| 25 | | (b) the transaction giving rise to the |
| 26 | | intangible expense or cost between the |
|
| | HB5501 | - 408 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | taxpayer and the person did not have as a |
| 2 | | principal purpose the avoidance of Illinois |
| 3 | | income tax, and is paid pursuant to a contract |
| 4 | | or agreement that reflects arm's-length terms; |
| 5 | | or |
| 6 | | (iii) any item of intangible expense or cost |
| 7 | | paid, accrued, or incurred, directly or |
| 8 | | indirectly, from a transaction with a person if |
| 9 | | the taxpayer establishes by clear and convincing |
| 10 | | evidence, that the adjustments are unreasonable; |
| 11 | | or if the taxpayer and the Director agree in |
| 12 | | writing to the application or use of an |
| 13 | | alternative method of apportionment under Section |
| 14 | | 304(f);
|
| 15 | | Nothing in this subsection shall preclude the |
| 16 | | Director from making any other adjustment |
| 17 | | otherwise allowed under Section 404 of this Act |
| 18 | | for any tax year beginning after the effective |
| 19 | | date of this amendment provided such adjustment is |
| 20 | | made pursuant to regulation adopted by the |
| 21 | | Department and such regulations provide methods |
| 22 | | and standards by which the Department will utilize |
| 23 | | its authority under Section 404 of this Act;
|
| 24 | | (D-19) For taxable years ending on or after |
| 25 | | December 31, 2008, an amount equal to the amount of |
| 26 | | insurance premium expenses and costs otherwise allowed |
|
| | HB5501 | - 409 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | as a deduction in computing base income, and that were |
| 2 | | paid, accrued, or incurred, directly or indirectly, to |
| 3 | | a person who would be a member of the same unitary |
| 4 | | business group but for the fact that the person is |
| 5 | | prohibited under Section 1501(a)(27) from being |
| 6 | | included in the unitary business group because he or |
| 7 | | she is ordinarily required to apportion business |
| 8 | | income under different subsections of Section 304. The |
| 9 | | addition modification required by this subparagraph |
| 10 | | shall be reduced to the extent that dividends were |
| 11 | | included in base income of the unitary group for the |
| 12 | | same taxable year and received by the taxpayer or by a |
| 13 | | member of the taxpayer's unitary business group |
| 14 | | (including amounts included in gross income under |
| 15 | | Sections 951 through 964 of the Internal Revenue Code |
| 16 | | and amounts included in gross income under Section 78 |
| 17 | | of the Internal Revenue Code) with respect to the |
| 18 | | stock of the same person to whom the premiums and costs |
| 19 | | were directly or indirectly paid, incurred, or |
| 20 | | accrued. The preceding sentence does not apply to the |
| 21 | | extent that the same dividends caused a reduction to |
| 22 | | the addition modification required under Section |
| 23 | | 203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this |
| 24 | | Act;
|
| 25 | | (D-20) For taxable years beginning on or after |
| 26 | | January 1,
2002 and ending on or before December 31, |
|
| | HB5501 | - 410 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 2006, in
the
case of a distribution from a qualified |
| 2 | | tuition program under Section 529 of
the Internal |
| 3 | | Revenue Code, other than (i) a distribution from a |
| 4 | | College Savings
Pool created under Section 16.5 of the |
| 5 | | State Treasurer Act or (ii) a
distribution from the |
| 6 | | Illinois Prepaid Tuition Trust Fund, an amount equal |
| 7 | | to
the amount excluded from gross income under Section |
| 8 | | 529(c)(3)(B). For taxable years beginning on or after |
| 9 | | January 1, 2007, in the case of a distribution from a |
| 10 | | qualified tuition program under Section 529 of the |
| 11 | | Internal Revenue Code, other than (i) a distribution |
| 12 | | from a College Savings Pool created under Section 16.5 |
| 13 | | of the State Treasurer Act, (ii) a distribution from |
| 14 | | the Illinois Prepaid Tuition Trust Fund, or (iii) a |
| 15 | | distribution from a qualified tuition program under |
| 16 | | Section 529 of the Internal Revenue Code that (I) |
| 17 | | adopts and determines that its offering materials |
| 18 | | comply with the College Savings Plans Network's |
| 19 | | disclosure principles and (II) has made reasonable |
| 20 | | efforts to inform in-state residents of the existence |
| 21 | | of in-state qualified tuition programs by informing |
| 22 | | Illinois residents directly and, where applicable, to |
| 23 | | inform financial intermediaries distributing the |
| 24 | | program to inform in-state residents of the existence |
| 25 | | of in-state qualified tuition programs at least |
| 26 | | annually, an amount equal to the amount excluded from |
|
| | HB5501 | - 411 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | gross income under Section 529(c)(3)(B). |
| 2 | | For the purposes of this subparagraph (D-20), a |
| 3 | | qualified tuition program has made reasonable efforts |
| 4 | | if it makes disclosures (which may use the term |
| 5 | | "in-state program" or "in-state plan" and need not |
| 6 | | specifically refer to Illinois or its qualified |
| 7 | | programs by name) (i) directly to prospective |
| 8 | | participants in its offering materials or makes a |
| 9 | | public disclosure, such as a website posting; and (ii) |
| 10 | | where applicable, to intermediaries selling the |
| 11 | | out-of-state program in the same manner that the |
| 12 | | out-of-state program distributes its offering |
| 13 | | materials; |
| 14 | | (D-20.5) For taxable years beginning on or after |
| 15 | | January 1, 2018, in the case of a distribution from a |
| 16 | | qualified ABLE program under Section 529A of the |
| 17 | | Internal Revenue Code, other than a distribution from |
| 18 | | a qualified ABLE program created under Section 16.6 of |
| 19 | | the State Treasurer Act, an amount equal to the amount |
| 20 | | excluded from gross income under Section 529A(c)(1)(B) |
| 21 | | of the Internal Revenue Code; |
| 22 | | (D-21) For taxable years beginning on or after |
| 23 | | January 1, 2007, in the case of transfer of moneys from |
| 24 | | a qualified tuition program under Section 529 of the |
| 25 | | Internal Revenue Code that is administered by the |
| 26 | | State to an out-of-state program, an amount equal to |
|
| | HB5501 | - 412 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the amount of moneys previously deducted from base |
| 2 | | income under subsection (a)(2)(Y) of this Section; |
| 3 | | (D-21.5) For taxable years beginning on or after |
| 4 | | January 1, 2018, in the case of the transfer of moneys |
| 5 | | from a qualified tuition program under Section 529 or |
| 6 | | a qualified ABLE program under Section 529A of the |
| 7 | | Internal Revenue Code that is administered by this |
| 8 | | State to an ABLE account established under an |
| 9 | | out-of-state ABLE account program, an amount equal to |
| 10 | | the contribution component of the transferred amount |
| 11 | | that was previously deducted from base income under |
| 12 | | subsection (a)(2)(Y) or subsection (a)(2)(HH) of this |
| 13 | | Section; |
| 14 | | (D-22) For taxable years beginning on or after |
| 15 | | January 1, 2009, and prior to January 1, 2018, in the |
| 16 | | case of a nonqualified withdrawal or refund of moneys |
| 17 | | from a qualified tuition program under Section 529 of |
| 18 | | the Internal Revenue Code administered by the State |
| 19 | | that is not used for qualified expenses at an eligible |
| 20 | | education institution, an amount equal to the |
| 21 | | contribution component of the nonqualified withdrawal |
| 22 | | or refund that was previously deducted from base |
| 23 | | income under subsection (a)(2)(y) of this Section, |
| 24 | | provided that the withdrawal or refund did not result |
| 25 | | from the beneficiary's death or disability. For |
| 26 | | taxable years beginning on or after January 1, 2018: |
|
| | HB5501 | - 413 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) in the case of a nonqualified withdrawal or |
| 2 | | refund, as defined under Section
16.5 of the State |
| 3 | | Treasurer Act, of moneys from a qualified tuition |
| 4 | | program under Section 529 of the Internal Revenue Code |
| 5 | | administered by the State, an amount equal to the |
| 6 | | contribution component of the nonqualified withdrawal |
| 7 | | or refund that was previously deducted from base
|
| 8 | | income under subsection (a)(2)(Y) of this Section, and |
| 9 | | (2) in the case of a nonqualified withdrawal or refund |
| 10 | | from a qualified ABLE program under Section 529A of |
| 11 | | the Internal Revenue Code administered by the State |
| 12 | | that is not used for qualified disability expenses, an |
| 13 | | amount equal to the contribution component of the |
| 14 | | nonqualified withdrawal or refund that was previously |
| 15 | | deducted from base income under subsection (a)(2)(HH) |
| 16 | | of this Section; |
| 17 | | (D-23) An amount equal to the credit allowable to |
| 18 | | the taxpayer under Section 218(a) of this Act, |
| 19 | | determined without regard to Section 218(c) of this |
| 20 | | Act; |
| 21 | | (D-24) For taxable years ending on or after |
| 22 | | December 31, 2017, an amount equal to the deduction |
| 23 | | allowed under Section 199 of the Internal Revenue Code |
| 24 | | for the taxable year; |
| 25 | | (D-25) In the case of a resident, an amount equal |
| 26 | | to the amount of tax for which a credit is allowed |
|
| | HB5501 | - 414 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pursuant to Section 201(p)(7) of this Act; |
| 2 | | and by deducting from the total so obtained the
sum of the |
| 3 | | following amounts: |
| 4 | | (E) For taxable years ending before December 31, |
| 5 | | 2001,
any amount included in such total in respect of |
| 6 | | any compensation
(including but not limited to any |
| 7 | | compensation paid or accrued to a
serviceman while a |
| 8 | | prisoner of war or missing in action) paid to a |
| 9 | | resident
by reason of being on active duty in the Armed |
| 10 | | Forces of the United States
and in respect of any |
| 11 | | compensation paid or accrued to a resident who as a
|
| 12 | | governmental employee was a prisoner of war or missing |
| 13 | | in action, and in
respect of any compensation paid to a |
| 14 | | resident in 1971 or thereafter for
annual training |
| 15 | | performed pursuant to Sections 502 and 503, Title 32,
|
| 16 | | United States Code as a member of the Illinois |
| 17 | | National Guard or, beginning with taxable years ending |
| 18 | | on or after December 31, 2007, the National Guard of |
| 19 | | any other state.
For taxable years ending on or after |
| 20 | | December 31, 2001, any amount included in
such total |
| 21 | | in respect of any compensation (including but not |
| 22 | | limited to any
compensation paid or accrued to a |
| 23 | | serviceman while a prisoner of war or missing
in |
| 24 | | action) paid to a resident by reason of being a member |
| 25 | | of any component of
the Armed Forces of the United |
| 26 | | States and in respect of any compensation paid
or |
|
| | HB5501 | - 415 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | accrued to a resident who as a governmental employee |
| 2 | | was a prisoner of war
or missing in action, and in |
| 3 | | respect of any compensation paid to a resident in
2001 |
| 4 | | or thereafter by reason of being a member of the |
| 5 | | Illinois National Guard or, beginning with taxable |
| 6 | | years ending on or after December 31, 2007, the |
| 7 | | National Guard of any other state.
The provisions of |
| 8 | | this subparagraph (E) are exempt
from the provisions |
| 9 | | of Section 250; |
| 10 | | (F) An amount equal to all amounts included in |
| 11 | | such total pursuant
to the provisions of Sections |
| 12 | | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a),
and |
| 13 | | 408 of the Internal Revenue Code, or included in such |
| 14 | | total as
distributions under the provisions of any |
| 15 | | retirement or disability plan for
employees of any |
| 16 | | governmental agency or unit, or retirement payments to
|
| 17 | | retired partners, which payments are excluded in |
| 18 | | computing net earnings
from self employment by Section |
| 19 | | 1402 of the Internal Revenue Code and
regulations |
| 20 | | adopted pursuant thereto; |
| 21 | | (G) The valuation limitation amount; |
| 22 | | (H) An amount equal to the amount of any tax |
| 23 | | imposed by this Act
which was refunded to the taxpayer |
| 24 | | and included in such total for the
taxable year; |
| 25 | | (I) An amount equal to all amounts included in |
| 26 | | such total pursuant
to the provisions of Section 111 |
|
| | HB5501 | - 416 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the Internal Revenue Code as a
recovery of items |
| 2 | | previously deducted from adjusted gross income in the
|
| 3 | | computation of taxable income; |
| 4 | | (J) An amount equal to those dividends included in |
| 5 | | such total which were
paid by a corporation which |
| 6 | | conducts business operations in a River Edge |
| 7 | | Redevelopment Zone or zones created under the River |
| 8 | | Edge Redevelopment Zone Act, and conducts
|
| 9 | | substantially all of its operations in a River Edge |
| 10 | | Redevelopment Zone or zones. This subparagraph (J) is |
| 11 | | exempt from the provisions of Section 250; |
| 12 | | (K) An amount equal to those dividends included in |
| 13 | | such total that
were paid by a corporation that |
| 14 | | conducts business operations in a federally
designated |
| 15 | | Foreign Trade Zone or Sub-Zone and that is designated |
| 16 | | a High Impact
Business located in Illinois; provided |
| 17 | | that dividends eligible for the
deduction provided in |
| 18 | | subparagraph (J) of paragraph (2) of this subsection
|
| 19 | | shall not be eligible for the deduction provided under |
| 20 | | this subparagraph
(K); |
| 21 | | (L) For taxable years ending after December 31, |
| 22 | | 1983, an amount equal to
all social security benefits |
| 23 | | and railroad retirement benefits included in
such |
| 24 | | total pursuant to Sections 72(r) and 86 of the |
| 25 | | Internal Revenue Code; |
| 26 | | (M) With the exception of any amounts subtracted |
|
| | HB5501 | - 417 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | under subparagraph
(N), an amount equal to the sum of |
| 2 | | all amounts disallowed as
deductions by (i) Sections |
| 3 | | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, |
| 4 | | and all amounts of expenses allocable
to interest and |
| 5 | | disallowed as deductions by Section 265(a)(1) of the |
| 6 | | Internal
Revenue Code;
and (ii) for taxable years
|
| 7 | | ending on or after August 13, 1999, Sections |
| 8 | | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the |
| 9 | | Internal Revenue Code, plus, for taxable years ending |
| 10 | | on or after December 31, 2011, Section 45G(e)(3) of |
| 11 | | the Internal Revenue Code and, for taxable years |
| 12 | | ending on or after December 31, 2008, any amount |
| 13 | | included in gross income under Section 87 of the |
| 14 | | Internal Revenue Code; the provisions of this
|
| 15 | | subparagraph are exempt from the provisions of Section |
| 16 | | 250; |
| 17 | | (N) An amount equal to all amounts included in |
| 18 | | such total which are
exempt from taxation by this |
| 19 | | State either by reason of its statutes or
Constitution
|
| 20 | | or by reason of the Constitution, treaties or statutes |
| 21 | | of the United States;
provided that, in the case of any |
| 22 | | statute of this State that exempts income
derived from |
| 23 | | bonds or other obligations from the tax imposed under |
| 24 | | this Act,
the amount exempted shall be the interest |
| 25 | | net of bond premium amortization; |
| 26 | | (O) An amount equal to any contribution made to a |
|
| | HB5501 | - 418 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | job training
project established pursuant to the Tax |
| 2 | | Increment Allocation Redevelopment Act; |
| 3 | | (P) An amount equal to the amount of the deduction |
| 4 | | used to compute the
federal income tax credit for |
| 5 | | restoration of substantial amounts held under
claim of |
| 6 | | right for the taxable year pursuant to Section 1341 of |
| 7 | | the
Internal Revenue Code or of any itemized deduction |
| 8 | | taken from adjusted gross income in the computation of |
| 9 | | taxable income for restoration of substantial amounts |
| 10 | | held under claim of right for the taxable year; |
| 11 | | (Q) An amount equal to any amounts included in |
| 12 | | such total, received by
the taxpayer as an |
| 13 | | acceleration in the payment of life, endowment or |
| 14 | | annuity
benefits in advance of the time they would |
| 15 | | otherwise be payable as an indemnity
for a terminal |
| 16 | | illness; |
| 17 | | (R) An amount equal to the amount of any federal or |
| 18 | | State bonus paid
to veterans of the Persian Gulf War; |
| 19 | | (S) An amount, to the extent included in adjusted |
| 20 | | gross income, equal
to the amount of a contribution |
| 21 | | made in the taxable year on behalf of the
taxpayer to a |
| 22 | | medical care savings account established under the |
| 23 | | Medical Care
Savings Account Act or the Medical Care |
| 24 | | Savings Account Act of 2000 to the
extent the |
| 25 | | contribution is accepted by the account
administrator |
| 26 | | as provided in that Act; |
|
| | HB5501 | - 419 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (T) An amount, to the extent included in adjusted |
| 2 | | gross income, equal to
the amount of interest earned |
| 3 | | in the taxable year on a medical care savings
account |
| 4 | | established under the Medical Care Savings Account Act |
| 5 | | or the Medical
Care Savings Account Act of 2000 on |
| 6 | | behalf of the
taxpayer, other than interest added |
| 7 | | pursuant to item (D-5) of this paragraph
(2); |
| 8 | | (U) For one taxable year beginning on or after |
| 9 | | January 1,
1994, an
amount equal to the total amount of |
| 10 | | tax imposed and paid under subsections (a)
and (b) of |
| 11 | | Section 201 of this Act on grant amounts received by |
| 12 | | the taxpayer
under the Nursing Home Grant Assistance |
| 13 | | Act during the taxpayer's taxable years
1992 and 1993; |
| 14 | | (V) Beginning with tax years ending on or after |
| 15 | | December 31, 1995 and
ending with tax years ending on |
| 16 | | or before December 31, 2004, an amount equal to
the |
| 17 | | amount paid by a taxpayer who is a
self-employed |
| 18 | | taxpayer, a partner of a partnership, or a
shareholder |
| 19 | | in a Subchapter S corporation for health insurance or |
| 20 | | long-term
care insurance for that taxpayer or that |
| 21 | | taxpayer's spouse or dependents, to
the extent that |
| 22 | | the amount paid for that health insurance or long-term |
| 23 | | care
insurance may be deducted under Section 213 of |
| 24 | | the Internal Revenue Code, has not been deducted on |
| 25 | | the federal income tax return of the taxpayer,
and |
| 26 | | does not exceed the taxable income attributable to |
|
| | HB5501 | - 420 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | that taxpayer's income,
self-employment income, or |
| 2 | | Subchapter S corporation income; except that no
|
| 3 | | deduction shall be allowed under this item (V) if the |
| 4 | | taxpayer is eligible to
participate in any health |
| 5 | | insurance or long-term care insurance plan of an
|
| 6 | | employer of the taxpayer or the taxpayer's
spouse. The |
| 7 | | amount of the health insurance and long-term care |
| 8 | | insurance
subtracted under this item (V) shall be |
| 9 | | determined by multiplying total
health insurance and |
| 10 | | long-term care insurance premiums paid by the taxpayer
|
| 11 | | times a number that represents the fractional |
| 12 | | percentage of eligible medical
expenses under Section |
| 13 | | 213 of the Internal Revenue Code of 1986 not actually
|
| 14 | | deducted on the taxpayer's federal income tax return; |
| 15 | | (W) For taxable years beginning on or after |
| 16 | | January 1, 1998,
all amounts included in the |
| 17 | | taxpayer's federal gross income
in the taxable year |
| 18 | | from amounts converted from a regular IRA to a Roth |
| 19 | | IRA.
This paragraph is exempt from the provisions of |
| 20 | | Section
250; |
| 21 | | (X) For taxable year 1999 and thereafter, an |
| 22 | | amount equal to the
amount of any (i) distributions, |
| 23 | | to the extent includible in gross income for
federal |
| 24 | | income tax purposes, made to the taxpayer because of |
| 25 | | his or her status
as a victim of persecution for racial |
| 26 | | or religious reasons by Nazi Germany or
any other Axis |
|
| | HB5501 | - 421 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | regime or as an heir of the victim and (ii) items
of |
| 2 | | income, to the extent
includible in gross income for |
| 3 | | federal income tax purposes, attributable to,
derived |
| 4 | | from or in any way related to assets stolen from, |
| 5 | | hidden from, or
otherwise lost to a victim of
|
| 6 | | persecution for racial or religious reasons by Nazi |
| 7 | | Germany or any other Axis
regime immediately prior to, |
| 8 | | during, and immediately after World War II,
including, |
| 9 | | but
not limited to, interest on the proceeds |
| 10 | | receivable as insurance
under policies issued to a |
| 11 | | victim of persecution for racial or religious
reasons
|
| 12 | | by Nazi Germany or any other Axis regime by European |
| 13 | | insurance companies
immediately prior to and during |
| 14 | | World War II;
provided, however, this subtraction from |
| 15 | | federal adjusted gross income does not
apply to assets |
| 16 | | acquired with such assets or with the proceeds from |
| 17 | | the sale of
such assets; provided, further, this |
| 18 | | paragraph shall only apply to a taxpayer
who was the |
| 19 | | first recipient of such assets after their recovery |
| 20 | | and who is a
victim of persecution for racial or |
| 21 | | religious reasons
by Nazi Germany or any other Axis |
| 22 | | regime or as an heir of the victim. The
amount of and |
| 23 | | the eligibility for any public assistance, benefit, or
|
| 24 | | similar entitlement is not affected by the inclusion |
| 25 | | of items (i) and (ii) of
this paragraph in gross income |
| 26 | | for federal income tax purposes.
This paragraph is |
|
| | HB5501 | - 422 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | exempt from the provisions of Section 250; |
| 2 | | (Y) For taxable years beginning on or after |
| 3 | | January 1, 2002
and ending
on or before December 31, |
| 4 | | 2004, moneys contributed in the taxable year to a |
| 5 | | College Savings Pool account under
Section 16.5 of the |
| 6 | | State Treasurer Act, except that amounts excluded from
|
| 7 | | gross income under Section 529(c)(3)(C)(i) of the |
| 8 | | Internal Revenue Code
shall not be considered moneys |
| 9 | | contributed under this subparagraph (Y). For taxable |
| 10 | | years beginning on or after January 1, 2005, a maximum |
| 11 | | of $10,000
contributed
in the
taxable year to (i) a |
| 12 | | College Savings Pool account under Section 16.5 of the
|
| 13 | | State
Treasurer Act or (ii) the Illinois Prepaid |
| 14 | | Tuition Trust Fund,
except that
amounts excluded from |
| 15 | | gross income under Section 529(c)(3)(C)(i) of the
|
| 16 | | Internal
Revenue Code shall not be considered moneys |
| 17 | | contributed under this subparagraph
(Y). For purposes |
| 18 | | of this subparagraph, contributions made by an |
| 19 | | employer on behalf of an employee, or matching |
| 20 | | contributions made by an employee, shall be treated as |
| 21 | | made by the employee. This
subparagraph (Y) is exempt |
| 22 | | from the provisions of Section 250; |
| 23 | | (Z) For taxable years 2001 and thereafter, for the |
| 24 | | taxable year in
which the bonus depreciation deduction
|
| 25 | | is taken on the taxpayer's federal income tax return |
| 26 | | under
subsection (k) of Section 168 of the Internal |
|
| | HB5501 | - 424 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | basis was taken in a taxable year ending on or |
| 2 | | after December 31, 2021, "x" equals the |
| 3 | | depreciation deduction that would be allowed |
| 4 | | on that property if the taxpayer had made the |
| 5 | | election under Section 168(k)(7) of the |
| 6 | | Internal Revenue Code to not claim bonus |
| 7 | | depreciation deprecation on that property; and |
| 8 | | (iv) for property on which a bonus |
| 9 | | depreciation deduction of a percentage other |
| 10 | | than 30%, 50% or 100% of the adjusted basis |
| 11 | | was taken in a taxable year ending on or after |
| 12 | | December 31, 2021, "x" equals "y" multiplied |
| 13 | | by 100 times the percentage bonus depreciation |
| 14 | | on the property (that is, 100(bonus%)) and |
| 15 | | then divided by 100 times 1 minus the |
| 16 | | percentage bonus depreciation on the property |
| 17 | | (that is, 100(1–bonus%)). |
| 18 | | The aggregate amount deducted under this |
| 19 | | subparagraph in all taxable
years for any one piece of |
| 20 | | property may not exceed the amount of the bonus
|
| 21 | | depreciation deduction
taken on that property on the |
| 22 | | taxpayer's federal income tax return under
subsection |
| 23 | | (k) of Section 168 of the Internal Revenue Code. This |
| 24 | | subparagraph (Z) is exempt from the provisions of |
| 25 | | Section 250; |
| 26 | | (AA) If the taxpayer sells, transfers, abandons, |
|
| | HB5501 | - 425 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or otherwise disposes of
property for which the |
| 2 | | taxpayer was required in any taxable year to make an
|
| 3 | | addition modification under subparagraph (D-15), then |
| 4 | | an amount equal to that
addition modification.
|
| 5 | | If the taxpayer continues to own property through |
| 6 | | the last day of the last tax year for which a |
| 7 | | subtraction is allowed with respect to that property |
| 8 | | under subparagraph (Z) and for which the taxpayer was |
| 9 | | required in any taxable year to make an addition |
| 10 | | modification under subparagraph (D-15), then an amount |
| 11 | | equal to that addition modification.
|
| 12 | | The taxpayer is allowed to take the deduction |
| 13 | | under this subparagraph
only once with respect to any |
| 14 | | one piece of property. |
| 15 | | This subparagraph (AA) is exempt from the |
| 16 | | provisions of Section 250; |
| 17 | | (BB) Any amount included in adjusted gross income, |
| 18 | | other
than
salary,
received by a driver in a |
| 19 | | ridesharing arrangement using a motor vehicle; |
| 20 | | (CC) The amount of (i) any interest income (net of |
| 21 | | the deductions allocable thereto) taken into account |
| 22 | | for the taxable year with respect to a transaction |
| 23 | | with a taxpayer that is required to make an addition |
| 24 | | modification with respect to such transaction under |
| 25 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
| 26 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
|
| | HB5501 | - 426 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the amount of that addition modification, and
(ii) any |
| 2 | | income from intangible property (net of the deductions |
| 3 | | allocable thereto) taken into account for the taxable |
| 4 | | year with respect to a transaction with a taxpayer |
| 5 | | that is required to make an addition modification with |
| 6 | | respect to such transaction under Section |
| 7 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 8 | | 203(d)(2)(D-8), but not to exceed the amount of that |
| 9 | | addition modification. This subparagraph (CC) is |
| 10 | | exempt from the provisions of Section 250; |
| 11 | | (DD) An amount equal to the interest income taken |
| 12 | | into account for the taxable year (net of the |
| 13 | | deductions allocable thereto) with respect to |
| 14 | | transactions with (i) a foreign person who would be a |
| 15 | | member of the taxpayer's unitary business group but |
| 16 | | for the fact that the foreign person's business |
| 17 | | activity outside the United States is 80% or more of |
| 18 | | that person's total business activity and (ii) for |
| 19 | | taxable years ending on or after December 31, 2008, to |
| 20 | | a person who would be a member of the same unitary |
| 21 | | business group but for the fact that the person is |
| 22 | | prohibited under Section 1501(a)(27) from being |
| 23 | | included in the unitary business group because he or |
| 24 | | she is ordinarily required to apportion business |
| 25 | | income under different subsections of Section 304, but |
| 26 | | not to exceed the addition modification required to be |
|
| | HB5501 | - 427 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | made for the same taxable year under Section |
| 2 | | 203(a)(2)(D-17) for interest paid, accrued, or |
| 3 | | incurred, directly or indirectly, to the same person. |
| 4 | | This subparagraph (DD) is exempt from the provisions |
| 5 | | of Section 250; |
| 6 | | (EE) An amount equal to the income from intangible |
| 7 | | property taken into account for the taxable year (net |
| 8 | | of the deductions allocable thereto) with respect to |
| 9 | | transactions with (i) a foreign person who would be a |
| 10 | | member of the taxpayer's unitary business group but |
| 11 | | for the fact that the foreign person's business |
| 12 | | activity outside the United States is 80% or more of |
| 13 | | that person's total business activity and (ii) for |
| 14 | | taxable years ending on or after December 31, 2008, to |
| 15 | | a person who would be a member of the same unitary |
| 16 | | business group but for the fact that the person is |
| 17 | | prohibited under Section 1501(a)(27) from being |
| 18 | | included in the unitary business group because he or |
| 19 | | she is ordinarily required to apportion business |
| 20 | | income under different subsections of Section 304, but |
| 21 | | not to exceed the addition modification required to be |
| 22 | | made for the same taxable year under Section |
| 23 | | 203(a)(2)(D-18) for intangible expenses and costs |
| 24 | | paid, accrued, or incurred, directly or indirectly, to |
| 25 | | the same foreign person. This subparagraph (EE) is |
| 26 | | exempt from the provisions of Section 250; |
|
| | HB5501 | - 428 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (FF) An amount equal to any amount awarded to the |
| 2 | | taxpayer during the taxable year by the Court of |
| 3 | | Claims under subsection (c) of Section 8 of the Court |
| 4 | | of Claims Act for time unjustly served in a State |
| 5 | | prison. This subparagraph (FF) is exempt from the |
| 6 | | provisions of Section 250; |
| 7 | | (GG) For taxable years ending on or after December |
| 8 | | 31, 2011, in the case of a taxpayer who was required to |
| 9 | | add back any insurance premiums under Section |
| 10 | | 203(a)(2)(D-19), such taxpayer may elect to subtract |
| 11 | | that part of a reimbursement received from the |
| 12 | | insurance company equal to the amount of the expense |
| 13 | | or loss (including expenses incurred by the insurance |
| 14 | | company) that would have been taken into account as a |
| 15 | | deduction for federal income tax purposes if the |
| 16 | | expense or loss had been uninsured. If a taxpayer |
| 17 | | makes the election provided for by this subparagraph |
| 18 | | (GG), the insurer to which the premiums were paid must |
| 19 | | add back to income the amount subtracted by the |
| 20 | | taxpayer pursuant to this subparagraph (GG). This |
| 21 | | subparagraph (GG) is exempt from the provisions of |
| 22 | | Section 250; and |
| 23 | | (HH) For taxable years beginning on or after |
| 24 | | January 1, 2018 and prior to January 1, 2023, a maximum |
| 25 | | of $10,000 contributed in the taxable year to a |
| 26 | | qualified ABLE account under Section 16.6 of the State |
|
| | HB5501 | - 429 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Treasurer Act, except that amounts excluded from gross |
| 2 | | income under Section 529(c)(3)(C)(i) or Section |
| 3 | | 529A(c)(1)(C) of the Internal Revenue Code shall not |
| 4 | | be considered moneys contributed under this |
| 5 | | subparagraph (HH). For purposes of this subparagraph |
| 6 | | (HH), contributions made by an employer on behalf of |
| 7 | | an employee, or matching contributions made by an |
| 8 | | employee, shall be treated as made by the employee.
|
| 9 | | (b) Corporations. |
| 10 | | (1) In general. In the case of a corporation, base |
| 11 | | income means an
amount equal to the taxpayer's taxable |
| 12 | | income for the taxable year as
modified by paragraph (2). |
| 13 | | (2) Modifications. The taxable income referred to in |
| 14 | | paragraph (1)
shall be modified by adding thereto the sum |
| 15 | | of the following amounts: |
| 16 | | (A) An amount equal to all amounts paid or accrued |
| 17 | | to the taxpayer
as interest and all distributions |
| 18 | | received from regulated investment
companies during |
| 19 | | the taxable year to the extent excluded from gross
|
| 20 | | income in the computation of taxable income; |
| 21 | | (B) An amount equal to the amount of tax imposed by |
| 22 | | this Act to the
extent deducted from gross income in |
| 23 | | the computation of taxable income
for the taxable |
| 24 | | year; |
| 25 | | (C) In the case of a regulated investment company, |
|
| | HB5501 | - 430 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | an amount equal to
the excess of (i) the net long-term |
| 2 | | capital gain for the taxable year, over
(ii) the |
| 3 | | amount of the capital gain dividends designated as |
| 4 | | such in accordance
with Section 852(b)(3)(C) of the |
| 5 | | Internal Revenue Code and any amount
designated under |
| 6 | | Section 852(b)(3)(D) of the Internal Revenue Code,
|
| 7 | | attributable to the taxable year (this amendatory Act |
| 8 | | of 1995
(Public Act 89-89) is declarative of existing |
| 9 | | law and is not a new
enactment); |
| 10 | | (D) The amount of any net operating loss deduction |
| 11 | | taken in arriving
at taxable income, other than a net |
| 12 | | operating loss carried forward from a
taxable year |
| 13 | | ending prior to December 31, 1986; |
| 14 | | (E) For taxable years in which a net operating |
| 15 | | loss carryback or
carryforward from a taxable year |
| 16 | | ending prior to December 31, 1986 is an
element of |
| 17 | | taxable income under paragraph (1) of subsection (e) |
| 18 | | or
subparagraph (E) of paragraph (2) of subsection |
| 19 | | (e), the amount by which
addition modifications other |
| 20 | | than those provided by this subparagraph (E)
exceeded |
| 21 | | subtraction modifications in such earlier taxable |
| 22 | | year, with the
following limitations applied in the |
| 23 | | order that they are listed: |
| 24 | | (i) the addition modification relating to the |
| 25 | | net operating loss
carried back or forward to the |
| 26 | | taxable year from any taxable year ending
prior to |
|
| | HB5501 | - 431 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | December 31, 1986 shall be reduced by the amount |
| 2 | | of addition
modification under this subparagraph |
| 3 | | (E) which related to that net operating
loss and |
| 4 | | which was taken into account in calculating the |
| 5 | | base income of an
earlier taxable year, and |
| 6 | | (ii) the addition modification relating to the |
| 7 | | net operating loss
carried back or forward to the |
| 8 | | taxable year from any taxable year ending
prior to |
| 9 | | December 31, 1986 shall not exceed the amount of |
| 10 | | such carryback or
carryforward; |
| 11 | | For taxable years in which there is a net |
| 12 | | operating loss carryback or
carryforward from more |
| 13 | | than one other taxable year ending prior to December
|
| 14 | | 31, 1986, the addition modification provided in this |
| 15 | | subparagraph (E) shall
be the sum of the amounts |
| 16 | | computed independently under the preceding
provisions |
| 17 | | of this subparagraph (E) for each such taxable year; |
| 18 | | (E-5) For taxable years ending after December 31, |
| 19 | | 1997, an
amount equal to any eligible remediation |
| 20 | | costs that the corporation
deducted in computing |
| 21 | | adjusted gross income and for which the
corporation |
| 22 | | claims a credit under subsection (l) of Section 201; |
| 23 | | (E-10) For taxable years 2001 and thereafter, an |
| 24 | | amount equal to the
bonus depreciation deduction taken |
| 25 | | on the taxpayer's federal income tax return for the |
| 26 | | taxable
year under subsection (k) of Section 168 of |
|
| | HB5501 | - 432 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Internal Revenue Code; |
| 2 | | (E-11) If the taxpayer sells, transfers, abandons, |
| 3 | | or otherwise disposes of property for which the |
| 4 | | taxpayer was required in any taxable year to
make an |
| 5 | | addition modification under subparagraph (E-10), then |
| 6 | | an amount equal
to the aggregate amount of the |
| 7 | | deductions taken in all taxable
years under |
| 8 | | subparagraph (T) with respect to that property. |
| 9 | | If the taxpayer continues to own property through |
| 10 | | the last day of the last tax year for which a |
| 11 | | subtraction is allowed with respect to that property |
| 12 | | under subparagraph (T) and for which the taxpayer was |
| 13 | | allowed in any taxable year to make a subtraction |
| 14 | | modification under subparagraph (T), then an amount |
| 15 | | equal to that subtraction modification.
|
| 16 | | The taxpayer is required to make the addition |
| 17 | | modification under this
subparagraph
only once with |
| 18 | | respect to any one piece of property; |
| 19 | | (E-12) An amount equal to the amount otherwise |
| 20 | | allowed as a deduction in computing base income for |
| 21 | | interest paid, accrued, or incurred, directly or |
| 22 | | indirectly, (i) for taxable years ending on or after |
| 23 | | December 31, 2004, to a foreign person who would be a |
| 24 | | member of the same unitary business group but for the |
| 25 | | fact the foreign person's business activity outside |
| 26 | | the United States is 80% or more of the foreign |
|
| | HB5501 | - 433 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | person's total business activity and (ii) for taxable |
| 2 | | years ending on or after December 31, 2008, to a person |
| 3 | | who would be a member of the same unitary business |
| 4 | | group but for the fact that the person is prohibited |
| 5 | | under Section 1501(a)(27) from being included in the |
| 6 | | unitary business group because he or she is ordinarily |
| 7 | | required to apportion business income under different |
| 8 | | subsections of Section 304. The addition modification |
| 9 | | required by this subparagraph shall be reduced to the |
| 10 | | extent that dividends were included in base income of |
| 11 | | the unitary group for the same taxable year and |
| 12 | | received by the taxpayer or by a member of the |
| 13 | | taxpayer's unitary business group (including amounts |
| 14 | | included in gross income pursuant to Sections 951 |
| 15 | | through 964 of the Internal Revenue Code and amounts |
| 16 | | included in gross income under Section 78 of the |
| 17 | | Internal Revenue Code) with respect to the stock of |
| 18 | | the same person to whom the interest was paid, |
| 19 | | accrued, or incurred.
|
| 20 | | This paragraph shall not apply to the following:
|
| 21 | | (i) an item of interest paid, accrued, or |
| 22 | | incurred, directly or indirectly, to a person who |
| 23 | | is subject in a foreign country or state, other |
| 24 | | than a state which requires mandatory unitary |
| 25 | | reporting, to a tax on or measured by net income |
| 26 | | with respect to such interest; or |
|
| | HB5501 | - 434 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (ii) an item of interest paid, accrued, or |
| 2 | | incurred, directly or indirectly, to a person if |
| 3 | | the taxpayer can establish, based on a |
| 4 | | preponderance of the evidence, both of the |
| 5 | | following: |
| 6 | | (a) the person, during the same taxable |
| 7 | | year, paid, accrued, or incurred, the interest |
| 8 | | to a person that is not a related member, and |
| 9 | | (b) the transaction giving rise to the |
| 10 | | interest expense between the taxpayer and the |
| 11 | | person did not have as a principal purpose the |
| 12 | | avoidance of Illinois income tax, and is paid |
| 13 | | pursuant to a contract or agreement that |
| 14 | | reflects an arm's-length interest rate and |
| 15 | | terms; or
|
| 16 | | (iii) the taxpayer can establish, based on |
| 17 | | clear and convincing evidence, that the interest |
| 18 | | paid, accrued, or incurred relates to a contract |
| 19 | | or agreement entered into at arm's-length rates |
| 20 | | and terms and the principal purpose for the |
| 21 | | payment is not federal or Illinois tax avoidance; |
| 22 | | or
|
| 23 | | (iv) an item of interest paid, accrued, or |
| 24 | | incurred, directly or indirectly, to a person if |
| 25 | | the taxpayer establishes by clear and convincing |
| 26 | | evidence that the adjustments are unreasonable; or |
|
| | HB5501 | - 435 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | if the taxpayer and the Director agree in writing |
| 2 | | to the application or use of an alternative method |
| 3 | | of apportionment under Section 304(f).
|
| 4 | | Nothing in this subsection shall preclude the |
| 5 | | Director from making any other adjustment |
| 6 | | otherwise allowed under Section 404 of this Act |
| 7 | | for any tax year beginning after the effective |
| 8 | | date of this amendment provided such adjustment is |
| 9 | | made pursuant to regulation adopted by the |
| 10 | | Department and such regulations provide methods |
| 11 | | and standards by which the Department will utilize |
| 12 | | its authority under Section 404 of this Act;
|
| 13 | | (E-13) An amount equal to the amount of intangible |
| 14 | | expenses and costs otherwise allowed as a deduction in |
| 15 | | computing base income, and that were paid, accrued, or |
| 16 | | incurred, directly or indirectly, (i) for taxable |
| 17 | | years ending on or after December 31, 2004, to a |
| 18 | | foreign person who would be a member of the same |
| 19 | | unitary business group but for the fact that the |
| 20 | | foreign person's business activity outside the United |
| 21 | | States is 80% or more of that person's total business |
| 22 | | activity and (ii) for taxable years ending on or after |
| 23 | | December 31, 2008, to a person who would be a member of |
| 24 | | the same unitary business group but for the fact that |
| 25 | | the person is prohibited under Section 1501(a)(27) |
| 26 | | from being included in the unitary business group |
|
| | HB5501 | - 436 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | because he or she is ordinarily required to apportion |
| 2 | | business income under different subsections of Section |
| 3 | | 304. The addition modification required by this |
| 4 | | subparagraph shall be reduced to the extent that |
| 5 | | dividends were included in base income of the unitary |
| 6 | | group for the same taxable year and received by the |
| 7 | | taxpayer or by a member of the taxpayer's unitary |
| 8 | | business group (including amounts included in gross |
| 9 | | income pursuant to Sections 951 through 964 of the |
| 10 | | Internal Revenue Code and amounts included in gross |
| 11 | | income under Section 78 of the Internal Revenue Code) |
| 12 | | with respect to the stock of the same person to whom |
| 13 | | the intangible expenses and costs were directly or |
| 14 | | indirectly paid, incurred, or accrued. The preceding |
| 15 | | sentence shall not apply to the extent that the same |
| 16 | | dividends caused a reduction to the addition |
| 17 | | modification required under Section 203(b)(2)(E-12) of |
| 18 | | this Act.
As used in this subparagraph, the term |
| 19 | | "intangible expenses and costs" includes (1) expenses, |
| 20 | | losses, and costs for, or related to, the direct or |
| 21 | | indirect acquisition, use, maintenance or management, |
| 22 | | ownership, sale, exchange, or any other disposition of |
| 23 | | intangible property; (2) losses incurred, directly or |
| 24 | | indirectly, from factoring transactions or discounting |
| 25 | | transactions; (3) royalty, patent, technical, and |
| 26 | | copyright fees; (4) licensing fees; and (5) other |
|
| | HB5501 | - 437 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | similar expenses and costs.
For purposes of this |
| 2 | | subparagraph, "intangible property" includes patents, |
| 3 | | patent applications, trade names, trademarks, service |
| 4 | | marks, copyrights, mask works, trade secrets, and |
| 5 | | similar types of intangible assets. |
| 6 | | This paragraph shall not apply to the following: |
| 7 | | (i) any item of intangible expenses or costs |
| 8 | | paid, accrued, or incurred, directly or |
| 9 | | indirectly, from a transaction with a person who |
| 10 | | is subject in a foreign country or state, other |
| 11 | | than a state which requires mandatory unitary |
| 12 | | reporting, to a tax on or measured by net income |
| 13 | | with respect to such item; or |
| 14 | | (ii) any item of intangible expense or cost |
| 15 | | paid, accrued, or incurred, directly or |
| 16 | | indirectly, if the taxpayer can establish, based |
| 17 | | on a preponderance of the evidence, both of the |
| 18 | | following: |
| 19 | | (a) the person during the same taxable |
| 20 | | year paid, accrued, or incurred, the |
| 21 | | intangible expense or cost to a person that is |
| 22 | | not a related member, and |
| 23 | | (b) the transaction giving rise to the |
| 24 | | intangible expense or cost between the |
| 25 | | taxpayer and the person did not have as a |
| 26 | | principal purpose the avoidance of Illinois |
|
| | HB5501 | - 438 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | income tax, and is paid pursuant to a contract |
| 2 | | or agreement that reflects arm's-length terms; |
| 3 | | or |
| 4 | | (iii) any item of intangible expense or cost |
| 5 | | paid, accrued, or incurred, directly or |
| 6 | | indirectly, from a transaction with a person if |
| 7 | | the taxpayer establishes by clear and convincing |
| 8 | | evidence, that the adjustments are unreasonable; |
| 9 | | or if the taxpayer and the Director agree in |
| 10 | | writing to the application or use of an |
| 11 | | alternative method of apportionment under Section |
| 12 | | 304(f);
|
| 13 | | Nothing in this subsection shall preclude the |
| 14 | | Director from making any other adjustment |
| 15 | | otherwise allowed under Section 404 of this Act |
| 16 | | for any tax year beginning after the effective |
| 17 | | date of this amendment provided such adjustment is |
| 18 | | made pursuant to regulation adopted by the |
| 19 | | Department and such regulations provide methods |
| 20 | | and standards by which the Department will utilize |
| 21 | | its authority under Section 404 of this Act;
|
| 22 | | (E-14) For taxable years ending on or after |
| 23 | | December 31, 2008, an amount equal to the amount of |
| 24 | | insurance premium expenses and costs otherwise allowed |
| 25 | | as a deduction in computing base income, and that were |
| 26 | | paid, accrued, or incurred, directly or indirectly, to |
|
| | HB5501 | - 439 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a person who would be a member of the same unitary |
| 2 | | business group but for the fact that the person is |
| 3 | | prohibited under Section 1501(a)(27) from being |
| 4 | | included in the unitary business group because he or |
| 5 | | she is ordinarily required to apportion business |
| 6 | | income under different subsections of Section 304. The |
| 7 | | addition modification required by this subparagraph |
| 8 | | shall be reduced to the extent that dividends were |
| 9 | | included in base income of the unitary group for the |
| 10 | | same taxable year and received by the taxpayer or by a |
| 11 | | member of the taxpayer's unitary business group |
| 12 | | (including amounts included in gross income under |
| 13 | | Sections 951 through 964 of the Internal Revenue Code |
| 14 | | and amounts included in gross income under Section 78 |
| 15 | | of the Internal Revenue Code) with respect to the |
| 16 | | stock of the same person to whom the premiums and costs |
| 17 | | were directly or indirectly paid, incurred, or |
| 18 | | accrued. The preceding sentence does not apply to the |
| 19 | | extent that the same dividends caused a reduction to |
| 20 | | the addition modification required under Section |
| 21 | | 203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this |
| 22 | | Act;
|
| 23 | | (E-15) For taxable years beginning after December |
| 24 | | 31, 2008, any deduction for dividends paid by a |
| 25 | | captive real estate investment trust that is allowed |
| 26 | | to a real estate investment trust under Section |
|
| | HB5501 | - 440 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 857(b)(2)(B) of the Internal Revenue Code for |
| 2 | | dividends paid; |
| 3 | | (E-16) An amount equal to the credit allowable to |
| 4 | | the taxpayer under Section 218(a) of this Act, |
| 5 | | determined without regard to Section 218(c) of this |
| 6 | | Act; |
| 7 | | (E-17) For taxable years ending on or after |
| 8 | | December 31, 2017, an amount equal to the deduction |
| 9 | | allowed under Section 199 of the Internal Revenue Code |
| 10 | | for the taxable year; |
| 11 | | (E-18) for taxable years beginning after December |
| 12 | | 31, 2018, an amount equal to the deduction allowed |
| 13 | | under Section 250(a)(1)(A) of the Internal Revenue |
| 14 | | Code for the taxable year; |
| 15 | | (E-19) for taxable years ending on or after June |
| 16 | | 30, 2021, an amount equal to the deduction allowed |
| 17 | | under Section 250(a)(1)(B)(i) of the Internal Revenue |
| 18 | | Code for the taxable year; |
| 19 | | (E-20) for taxable years ending on or after June |
| 20 | | 30, 2021, an amount equal to the deduction allowed |
| 21 | | under Sections 243(e) and 245A(a) of the Internal |
| 22 | | Revenue Code for the taxable year. |
| 23 | | and by deducting from the total so obtained the sum of the |
| 24 | | following
amounts: |
| 25 | | (F) An amount equal to the amount of any tax |
| 26 | | imposed by this Act
which was refunded to the taxpayer |
|
| | HB5501 | - 441 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and included in such total for the
taxable year; |
| 2 | | (G) An amount equal to any amount included in such |
| 3 | | total under
Section 78 of the Internal Revenue Code; |
| 4 | | (H) In the case of a regulated investment company, |
| 5 | | an amount equal
to the amount of exempt interest |
| 6 | | dividends as defined in subsection (b)(5) of Section |
| 7 | | 852 of the Internal Revenue Code, paid to shareholders
|
| 8 | | for the taxable year; |
| 9 | | (I) With the exception of any amounts subtracted |
| 10 | | under subparagraph
(J),
an amount equal to the sum of |
| 11 | | all amounts disallowed as
deductions by (i) Sections |
| 12 | | 171(a)(2) and 265(a)(2) and amounts disallowed as
|
| 13 | | interest expense by Section 291(a)(3) of the Internal |
| 14 | | Revenue Code, and all amounts of expenses allocable to |
| 15 | | interest and
disallowed as deductions by Section |
| 16 | | 265(a)(1) of the Internal Revenue Code;
and (ii) for |
| 17 | | taxable years
ending on or after August 13, 1999, |
| 18 | | Sections
171(a)(2), 265,
280C, 291(a)(3), and |
| 19 | | 832(b)(5)(B)(i) of the Internal Revenue Code, plus, |
| 20 | | for tax years ending on or after December 31, 2011, |
| 21 | | amounts disallowed as deductions by Section 45G(e)(3) |
| 22 | | of the Internal Revenue Code and, for taxable years |
| 23 | | ending on or after December 31, 2008, any amount |
| 24 | | included in gross income under Section 87 of the |
| 25 | | Internal Revenue Code and the policyholders' share of |
| 26 | | tax-exempt interest of a life insurance company under |
|
| | HB5501 | - 442 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 807(a)(2)(B) of the Internal Revenue Code (in |
| 2 | | the case of a life insurance company with gross income |
| 3 | | from a decrease in reserves for the tax year) or |
| 4 | | Section 807(b)(1)(B) of the Internal Revenue Code (in |
| 5 | | the case of a life insurance company allowed a |
| 6 | | deduction for an increase in reserves for the tax |
| 7 | | year); the
provisions of this
subparagraph are exempt |
| 8 | | from the provisions of Section 250; |
| 9 | | (J) An amount equal to all amounts included in |
| 10 | | such total which are
exempt from taxation by this |
| 11 | | State either by reason of its statutes or
Constitution
|
| 12 | | or by reason of the Constitution, treaties or statutes |
| 13 | | of the United States;
provided that, in the case of any |
| 14 | | statute of this State that exempts income
derived from |
| 15 | | bonds or other obligations from the tax imposed under |
| 16 | | this Act,
the amount exempted shall be the interest |
| 17 | | net of bond premium amortization; |
| 18 | | (K) An amount equal to those dividends included in |
| 19 | | such total
which were paid by a corporation which |
| 20 | | conducts
business operations in a River Edge |
| 21 | | Redevelopment Zone or zones created under the River |
| 22 | | Edge Redevelopment Zone Act and conducts substantially |
| 23 | | all of its
operations in a River Edge Redevelopment |
| 24 | | Zone or zones. This subparagraph (K) is exempt from |
| 25 | | the provisions of Section 250; |
| 26 | | (L) An amount equal to those dividends included in |
|
| | HB5501 | - 443 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | such total that
were paid by a corporation that |
| 2 | | conducts business operations in a federally
designated |
| 3 | | Foreign Trade Zone or Sub-Zone and that is designated |
| 4 | | a High Impact
Business located in Illinois; provided |
| 5 | | that dividends eligible for the
deduction provided in |
| 6 | | subparagraph (K) of paragraph 2 of this subsection
|
| 7 | | shall not be eligible for the deduction provided under |
| 8 | | this subparagraph
(L); |
| 9 | | (M) For any taxpayer that is a financial |
| 10 | | organization within the meaning
of Section 304(c) of |
| 11 | | this Act, an amount included in such total as interest
|
| 12 | | income from a loan or loans made by such taxpayer to a |
| 13 | | borrower, to the extent
that such a loan is secured by |
| 14 | | property which is eligible for the River Edge |
| 15 | | Redevelopment Zone Investment Credit. To determine the |
| 16 | | portion of a loan or loans that is
secured by property |
| 17 | | eligible for a Section 201(f) investment
credit to the |
| 18 | | borrower, the entire principal amount of the loan or |
| 19 | | loans
between the taxpayer and the borrower should be |
| 20 | | divided into the basis of the
Section 201(f) |
| 21 | | investment credit property which secures the
loan or |
| 22 | | loans, using for this purpose the original basis of |
| 23 | | such property on
the date that it was placed in service |
| 24 | | in the River Edge Redevelopment Zone. The subtraction |
| 25 | | modification available to the taxpayer in any
year |
| 26 | | under this subsection shall be that portion of the |
|
| | HB5501 | - 444 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | total interest paid
by the borrower with respect to |
| 2 | | such loan attributable to the eligible
property as |
| 3 | | calculated under the previous sentence. This |
| 4 | | subparagraph (M) is exempt from the provisions of |
| 5 | | Section 250; |
| 6 | | (M-1) For any taxpayer that is a financial |
| 7 | | organization within the
meaning of Section 304(c) of |
| 8 | | this Act, an amount included in such total as
interest |
| 9 | | income from a loan or loans made by such taxpayer to a |
| 10 | | borrower,
to the extent that such a loan is secured by |
| 11 | | property which is eligible for
the High Impact |
| 12 | | Business Investment Credit. To determine the portion |
| 13 | | of a
loan or loans that is secured by property eligible |
| 14 | | for a Section 201(h) investment credit to the |
| 15 | | borrower, the entire principal amount of
the loan or |
| 16 | | loans between the taxpayer and the borrower should be |
| 17 | | divided into
the basis of the Section 201(h) |
| 18 | | investment credit property which
secures the loan or |
| 19 | | loans, using for this purpose the original basis of |
| 20 | | such
property on the date that it was placed in service |
| 21 | | in a federally designated
Foreign Trade Zone or |
| 22 | | Sub-Zone located in Illinois. No taxpayer that is
|
| 23 | | eligible for the deduction provided in subparagraph |
| 24 | | (M) of paragraph (2) of
this subsection shall be |
| 25 | | eligible for the deduction provided under this
|
| 26 | | subparagraph (M-1). The subtraction modification |
|
| | HB5501 | - 445 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | available to taxpayers in
any year under this |
| 2 | | subsection shall be that portion of the total interest
|
| 3 | | paid by the borrower with respect to such loan |
| 4 | | attributable to the eligible
property as calculated |
| 5 | | under the previous sentence; |
| 6 | | (N) Two times any contribution made during the |
| 7 | | taxable year to a
designated zone organization to the |
| 8 | | extent that the contribution (i)
qualifies as a |
| 9 | | charitable contribution under subsection (c) of |
| 10 | | Section 170
of the Internal Revenue Code and (ii) |
| 11 | | must, by its terms, be used for a
project approved by |
| 12 | | the Department of Commerce and Economic Opportunity |
| 13 | | under Section 11 of the Illinois Enterprise Zone Act |
| 14 | | or under Section 10-10 of the River Edge Redevelopment |
| 15 | | Zone Act. This subparagraph (N) is exempt from the |
| 16 | | provisions of Section 250; |
| 17 | | (O) An amount equal to: (i) 85% for taxable years |
| 18 | | ending on or before
December 31, 1992, or, a |
| 19 | | percentage equal to the percentage allowable under
|
| 20 | | Section 243(a)(1) of the Internal Revenue Code of 1986 |
| 21 | | for taxable years ending
after December 31, 1992, of |
| 22 | | the amount by which dividends included in taxable
|
| 23 | | income and received from a corporation that is not |
| 24 | | created or organized under
the laws of the United |
| 25 | | States or any state or political subdivision thereof,
|
| 26 | | including, for taxable years ending on or after |
|
| | HB5501 | - 446 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | December 31, 1988, dividends
received or deemed |
| 2 | | received or paid or deemed paid under Sections 951 |
| 3 | | through
965 of the Internal Revenue Code, exceed the |
| 4 | | amount of the modification
provided under subparagraph |
| 5 | | (G) of paragraph (2) of this subsection (b) which
is |
| 6 | | related to such dividends, and including, for taxable |
| 7 | | years ending on or after December 31, 2008, dividends |
| 8 | | received from a captive real estate investment trust; |
| 9 | | plus (ii) 100% of the amount by which dividends,
|
| 10 | | included in taxable income and received, including, |
| 11 | | for taxable years ending on
or after December 31, |
| 12 | | 1988, dividends received or deemed received or paid or
|
| 13 | | deemed paid under Sections 951 through 964 of the |
| 14 | | Internal Revenue Code and including, for taxable years |
| 15 | | ending on or after December 31, 2008, dividends |
| 16 | | received from a captive real estate investment trust, |
| 17 | | from
any such corporation specified in clause (i) that |
| 18 | | would but for the provisions
of Section 1504(b)(3) of |
| 19 | | the Internal Revenue Code be treated as a member of
the |
| 20 | | affiliated group which includes the dividend |
| 21 | | recipient, exceed the amount
of the modification |
| 22 | | provided under subparagraph (G) of paragraph (2) of |
| 23 | | this
subsection (b) which is related to such |
| 24 | | dividends. For taxable years ending on or after June |
| 25 | | 30, 2021, (i) for purposes of this subparagraph, the |
| 26 | | term "dividend" does not include any amount treated as |
|
| | HB5501 | - 447 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a dividend under Section 1248 of the Internal Revenue |
| 2 | | Code, and (ii) this subparagraph shall not apply to |
| 3 | | dividends for which a deduction is allowed under |
| 4 | | Section 245(a) of the Internal Revenue Code. This |
| 5 | | subparagraph (O) is exempt from the provisions of |
| 6 | | Section 250 of this Act; |
| 7 | | (P) An amount equal to any contribution made to a |
| 8 | | job training project
established pursuant to the Tax |
| 9 | | Increment Allocation Redevelopment Act; |
| 10 | | (Q) An amount equal to the amount of the deduction |
| 11 | | used to compute the
federal income tax credit for |
| 12 | | restoration of substantial amounts held under
claim of |
| 13 | | right for the taxable year pursuant to Section 1341 of |
| 14 | | the
Internal Revenue Code; |
| 15 | | (R) On and after July 20, 1999, in the case of an |
| 16 | | attorney-in-fact with respect to whom an
interinsurer |
| 17 | | or a reciprocal insurer has made the election under |
| 18 | | Section 835 of
the Internal Revenue Code, 26 U.S.C. |
| 19 | | 835, an amount equal to the excess, if
any, of the |
| 20 | | amounts paid or incurred by that interinsurer or |
| 21 | | reciprocal insurer
in the taxable year to the |
| 22 | | attorney-in-fact over the deduction allowed to that
|
| 23 | | interinsurer or reciprocal insurer with respect to the |
| 24 | | attorney-in-fact under
Section 835(b) of the Internal |
| 25 | | Revenue Code for the taxable year; the provisions of |
| 26 | | this subparagraph are exempt from the provisions of |
|
| | HB5501 | - 448 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 250; |
| 2 | | (S) For taxable years ending on or after December |
| 3 | | 31, 1997, in the
case of a Subchapter
S corporation, an |
| 4 | | amount equal to all amounts of income allocable to a
|
| 5 | | shareholder subject to the Personal Property Tax |
| 6 | | Replacement Income Tax imposed
by subsections (c) and |
| 7 | | (d) of Section 201 of this Act, including amounts
|
| 8 | | allocable to organizations exempt from federal income |
| 9 | | tax by reason of Section
501(a) of the Internal |
| 10 | | Revenue Code. This subparagraph (S) is exempt from
the |
| 11 | | provisions of Section 250; |
| 12 | | (T) For taxable years 2001 and thereafter, for the |
| 13 | | taxable year in
which the bonus depreciation deduction
|
| 14 | | is taken on the taxpayer's federal income tax return |
| 15 | | under
subsection (k) of Section 168 of the Internal |
| 16 | | Revenue Code and for each
applicable taxable year |
| 17 | | thereafter, an amount equal to "x", where: |
| 18 | | (1) "y" equals the amount of the depreciation |
| 19 | | deduction taken for the
taxable year
on the |
| 20 | | taxpayer's federal income tax return on property |
| 21 | | for which the bonus
depreciation deduction
was |
| 22 | | taken in any year under subsection (k) of Section |
| 23 | | 168 of the Internal
Revenue Code, but not |
| 24 | | including the bonus depreciation deduction; |
| 25 | | (2) for taxable years ending on or before |
| 26 | | December 31, 2005, "x" equals "y" multiplied by 30 |
|
| | HB5501 | - 450 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | December 31, 2021, "x" equals "y" multiplied |
| 2 | | by 100 times the percentage bonus depreciation |
| 3 | | on the property (that is, 100(bonus%)) and |
| 4 | | then divided by 100 times 1 minus the |
| 5 | | percentage bonus depreciation on the property |
| 6 | | (that is, 100(1–bonus%)). |
| 7 | | The aggregate amount deducted under this |
| 8 | | subparagraph in all taxable
years for any one piece of |
| 9 | | property may not exceed the amount of the bonus
|
| 10 | | depreciation deduction
taken on that property on the |
| 11 | | taxpayer's federal income tax return under
subsection |
| 12 | | (k) of Section 168 of the Internal Revenue Code. This |
| 13 | | subparagraph (T) is exempt from the provisions of |
| 14 | | Section 250; |
| 15 | | (U) If the taxpayer sells, transfers, abandons, or |
| 16 | | otherwise disposes of
property for which the taxpayer |
| 17 | | was required in any taxable year to make an
addition |
| 18 | | modification under subparagraph (E-10), then an amount |
| 19 | | equal to that
addition modification. |
| 20 | | If the taxpayer continues to own property through |
| 21 | | the last day of the last tax year for which a |
| 22 | | subtraction is allowed with respect to that property |
| 23 | | under subparagraph (T) and for which the taxpayer was |
| 24 | | required in any taxable year to make an addition |
| 25 | | modification under subparagraph (E-10), then an amount |
| 26 | | equal to that addition modification.
|
|
| | HB5501 | - 451 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The taxpayer is allowed to take the deduction |
| 2 | | under this subparagraph
only once with respect to any |
| 3 | | one piece of property. |
| 4 | | This subparagraph (U) is exempt from the |
| 5 | | provisions of Section 250; |
| 6 | | (V) The amount of: (i) any interest income (net of |
| 7 | | the deductions allocable thereto) taken into account |
| 8 | | for the taxable year with respect to a transaction |
| 9 | | with a taxpayer that is required to make an addition |
| 10 | | modification with respect to such transaction under |
| 11 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
| 12 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| 13 | | the amount of such addition modification,
(ii) any |
| 14 | | income from intangible property (net of the deductions |
| 15 | | allocable thereto) taken into account for the taxable |
| 16 | | year with respect to a transaction with a taxpayer |
| 17 | | that is required to make an addition modification with |
| 18 | | respect to such transaction under Section |
| 19 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 20 | | 203(d)(2)(D-8), but not to exceed the amount of such |
| 21 | | addition modification, and (iii) any insurance premium |
| 22 | | income (net of deductions allocable thereto) taken |
| 23 | | into account for the taxable year with respect to a |
| 24 | | transaction with a taxpayer that is required to make |
| 25 | | an addition modification with respect to such |
| 26 | | transaction under Section 203(a)(2)(D-19), Section |
|
| | HB5501 | - 452 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section |
| 2 | | 203(d)(2)(D-9), but not to exceed the amount of that |
| 3 | | addition modification. This subparagraph (V) is exempt |
| 4 | | from the provisions of Section 250;
|
| 5 | | (W) An amount equal to the interest income taken |
| 6 | | into account for the taxable year (net of the |
| 7 | | deductions allocable thereto) with respect to |
| 8 | | transactions with (i) a foreign person who would be a |
| 9 | | member of the taxpayer's unitary business group but |
| 10 | | for the fact that the foreign person's business |
| 11 | | activity outside the United States is 80% or more of |
| 12 | | that person's total business activity and (ii) for |
| 13 | | taxable years ending on or after December 31, 2008, to |
| 14 | | a person who would be a member of the same unitary |
| 15 | | business group but for the fact that the person is |
| 16 | | prohibited under Section 1501(a)(27) from being |
| 17 | | included in the unitary business group because he or |
| 18 | | she is ordinarily required to apportion business |
| 19 | | income under different subsections of Section 304, but |
| 20 | | not to exceed the addition modification required to be |
| 21 | | made for the same taxable year under Section |
| 22 | | 203(b)(2)(E-12) for interest paid, accrued, or |
| 23 | | incurred, directly or indirectly, to the same person. |
| 24 | | This subparagraph (W) is exempt from the provisions of |
| 25 | | Section 250;
|
| 26 | | (X) An amount equal to the income from intangible |
|
| | HB5501 | - 453 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | property taken into account for the taxable year (net |
| 2 | | of the deductions allocable thereto) with respect to |
| 3 | | transactions with (i) a foreign person who would be a |
| 4 | | member of the taxpayer's unitary business group but |
| 5 | | for the fact that the foreign person's business |
| 6 | | activity outside the United States is 80% or more of |
| 7 | | that person's total business activity and (ii) for |
| 8 | | taxable years ending on or after December 31, 2008, to |
| 9 | | a person who would be a member of the same unitary |
| 10 | | business group but for the fact that the person is |
| 11 | | prohibited under Section 1501(a)(27) from being |
| 12 | | included in the unitary business group because he or |
| 13 | | she is ordinarily required to apportion business |
| 14 | | income under different subsections of Section 304, but |
| 15 | | not to exceed the addition modification required to be |
| 16 | | made for the same taxable year under Section |
| 17 | | 203(b)(2)(E-13) for intangible expenses and costs |
| 18 | | paid, accrued, or incurred, directly or indirectly, to |
| 19 | | the same foreign person. This subparagraph (X) is |
| 20 | | exempt from the provisions of Section 250;
|
| 21 | | (Y) For taxable years ending on or after December |
| 22 | | 31, 2011, in the case of a taxpayer who was required to |
| 23 | | add back any insurance premiums under Section |
| 24 | | 203(b)(2)(E-14), such taxpayer may elect to subtract |
| 25 | | that part of a reimbursement received from the |
| 26 | | insurance company equal to the amount of the expense |
|
| | HB5501 | - 454 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or loss (including expenses incurred by the insurance |
| 2 | | company) that would have been taken into account as a |
| 3 | | deduction for federal income tax purposes if the |
| 4 | | expense or loss had been uninsured. If a taxpayer |
| 5 | | makes the election provided for by this subparagraph |
| 6 | | (Y), the insurer to which the premiums were paid must |
| 7 | | add back to income the amount subtracted by the |
| 8 | | taxpayer pursuant to this subparagraph (Y). This |
| 9 | | subparagraph (Y) is exempt from the provisions of |
| 10 | | Section 250; and |
| 11 | | (Z) The difference between the nondeductible |
| 12 | | controlled foreign corporation dividends under Section |
| 13 | | 965(e)(3) of the Internal Revenue Code over the |
| 14 | | taxable income of the taxpayer, computed without |
| 15 | | regard to Section 965(e)(2)(A) of the Internal Revenue |
| 16 | | Code, and without regard to any net operating loss |
| 17 | | deduction. This subparagraph (Z) is exempt from the |
| 18 | | provisions of Section 250. |
| 19 | | (3) Special rule. For purposes of paragraph (2)(A), |
| 20 | | "gross income"
in the case of a life insurance company, |
| 21 | | for tax years ending on and after
December 31, 1994,
and |
| 22 | | prior to December 31, 2011, shall mean the gross |
| 23 | | investment income for the taxable year and, for tax years |
| 24 | | ending on or after December 31, 2011, shall mean all |
| 25 | | amounts included in life insurance gross income under |
| 26 | | Section 803(a)(3) of the Internal Revenue Code.
|
|
| | HB5501 | - 455 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (c) Trusts and estates. |
| 2 | | (1) In general. In the case of a trust or estate, base |
| 3 | | income means
an amount equal to the taxpayer's taxable |
| 4 | | income for the taxable year as
modified by paragraph (2). |
| 5 | | (2) Modifications. Subject to the provisions of |
| 6 | | paragraph (3), the
taxable income referred to in paragraph |
| 7 | | (1) shall be modified by adding
thereto the sum of the |
| 8 | | following amounts: |
| 9 | | (A) An amount equal to all amounts paid or accrued |
| 10 | | to the taxpayer
as interest or dividends during the |
| 11 | | taxable year to the extent excluded
from gross income |
| 12 | | in the computation of taxable income; |
| 13 | | (B) In the case of (i) an estate, $600; (ii) a |
| 14 | | trust which, under
its governing instrument, is |
| 15 | | required to distribute all of its income
currently, |
| 16 | | $300; and (iii) any other trust, $100, but in each such |
| 17 | | case,
only to the extent such amount was deducted in |
| 18 | | the computation of
taxable income; |
| 19 | | (C) An amount equal to the amount of tax imposed by |
| 20 | | this Act to the
extent deducted from gross income in |
| 21 | | the computation of taxable income
for the taxable |
| 22 | | year; |
| 23 | | (D) The amount of any net operating loss deduction |
| 24 | | taken in arriving at
taxable income, other than a net |
| 25 | | operating loss carried forward from a
taxable year |
|
| | HB5501 | - 456 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ending prior to December 31, 1986; |
| 2 | | (E) For taxable years in which a net operating |
| 3 | | loss carryback or
carryforward from a taxable year |
| 4 | | ending prior to December 31, 1986 is an
element of |
| 5 | | taxable income under paragraph (1) of subsection (e) |
| 6 | | or subparagraph
(E) of paragraph (2) of subsection |
| 7 | | (e), the amount by which addition
modifications other |
| 8 | | than those provided by this subparagraph (E) exceeded
|
| 9 | | subtraction modifications in such taxable year, with |
| 10 | | the following limitations
applied in the order that |
| 11 | | they are listed: |
| 12 | | (i) the addition modification relating to the |
| 13 | | net operating loss
carried back or forward to the |
| 14 | | taxable year from any taxable year ending
prior to |
| 15 | | December 31, 1986 shall be reduced by the amount |
| 16 | | of addition
modification under this subparagraph |
| 17 | | (E) which related to that net
operating loss and |
| 18 | | which was taken into account in calculating the |
| 19 | | base
income of an earlier taxable year, and |
| 20 | | (ii) the addition modification relating to the |
| 21 | | net operating loss
carried back or forward to the |
| 22 | | taxable year from any taxable year ending
prior to |
| 23 | | December 31, 1986 shall not exceed the amount of |
| 24 | | such carryback or
carryforward; |
| 25 | | For taxable years in which there is a net |
| 26 | | operating loss carryback or
carryforward from more |
|
| | HB5501 | - 457 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | than one other taxable year ending prior to December
|
| 2 | | 31, 1986, the addition modification provided in this |
| 3 | | subparagraph (E) shall
be the sum of the amounts |
| 4 | | computed independently under the preceding
provisions |
| 5 | | of this subparagraph (E) for each such taxable year; |
| 6 | | (F) For taxable years ending on or after January |
| 7 | | 1, 1989, an amount
equal to the tax deducted pursuant |
| 8 | | to Section 164 of the Internal Revenue
Code if the |
| 9 | | trust or estate is claiming the same tax for purposes |
| 10 | | of the
Illinois foreign tax credit under Section 601 |
| 11 | | of this Act; |
| 12 | | (G) An amount equal to the amount of the capital |
| 13 | | gain deduction
allowable under the Internal Revenue |
| 14 | | Code, to the extent deducted from
gross income in the |
| 15 | | computation of taxable income; |
| 16 | | (G-5) For taxable years ending after December 31, |
| 17 | | 1997, an
amount equal to any eligible remediation |
| 18 | | costs that the trust or estate
deducted in computing |
| 19 | | adjusted gross income and for which the trust
or |
| 20 | | estate claims a credit under subsection (l) of Section |
| 21 | | 201; |
| 22 | | (G-10) For taxable years 2001 and thereafter, an |
| 23 | | amount equal to the
bonus depreciation deduction taken |
| 24 | | on the taxpayer's federal income tax return for the |
| 25 | | taxable
year under subsection (k) of Section 168 of |
| 26 | | the Internal Revenue Code; and |
|
| | HB5501 | - 458 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (G-11) If the taxpayer sells, transfers, abandons, |
| 2 | | or otherwise disposes of property for which the |
| 3 | | taxpayer was required in any taxable year to
make an |
| 4 | | addition modification under subparagraph (G-10), then |
| 5 | | an amount equal
to the aggregate amount of the |
| 6 | | deductions taken in all taxable
years under |
| 7 | | subparagraph (R) with respect to that property. |
| 8 | | If the taxpayer continues to own property through |
| 9 | | the last day of the last tax year for which a |
| 10 | | subtraction is allowed with respect to that property |
| 11 | | under subparagraph (R) and for which the taxpayer was |
| 12 | | allowed in any taxable year to make a subtraction |
| 13 | | modification under subparagraph (R), then an amount |
| 14 | | equal to that subtraction modification.
|
| 15 | | The taxpayer is required to make the addition |
| 16 | | modification under this
subparagraph
only once with |
| 17 | | respect to any one piece of property; |
| 18 | | (G-12) An amount equal to the amount otherwise |
| 19 | | allowed as a deduction in computing base income for |
| 20 | | interest paid, accrued, or incurred, directly or |
| 21 | | indirectly, (i) for taxable years ending on or after |
| 22 | | December 31, 2004, to a foreign person who would be a |
| 23 | | member of the same unitary business group but for the |
| 24 | | fact that the foreign person's business activity |
| 25 | | outside the United States is 80% or more of the foreign |
| 26 | | person's total business activity and (ii) for taxable |
|
| | HB5501 | - 459 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | years ending on or after December 31, 2008, to a person |
| 2 | | who would be a member of the same unitary business |
| 3 | | group but for the fact that the person is prohibited |
| 4 | | under Section 1501(a)(27) from being included in the |
| 5 | | unitary business group because he or she is ordinarily |
| 6 | | required to apportion business income under different |
| 7 | | subsections of Section 304. The addition modification |
| 8 | | required by this subparagraph shall be reduced to the |
| 9 | | extent that dividends were included in base income of |
| 10 | | the unitary group for the same taxable year and |
| 11 | | received by the taxpayer or by a member of the |
| 12 | | taxpayer's unitary business group (including amounts |
| 13 | | included in gross income pursuant to Sections 951 |
| 14 | | through 964 of the Internal Revenue Code and amounts |
| 15 | | included in gross income under Section 78 of the |
| 16 | | Internal Revenue Code) with respect to the stock of |
| 17 | | the same person to whom the interest was paid, |
| 18 | | accrued, or incurred.
|
| 19 | | This paragraph shall not apply to the following:
|
| 20 | | (i) an item of interest paid, accrued, or |
| 21 | | incurred, directly or indirectly, to a person who |
| 22 | | is subject in a foreign country or state, other |
| 23 | | than a state which requires mandatory unitary |
| 24 | | reporting, to a tax on or measured by net income |
| 25 | | with respect to such interest; or |
| 26 | | (ii) an item of interest paid, accrued, or |
|
| | HB5501 | - 460 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | incurred, directly or indirectly, to a person if |
| 2 | | the taxpayer can establish, based on a |
| 3 | | preponderance of the evidence, both of the |
| 4 | | following: |
| 5 | | (a) the person, during the same taxable |
| 6 | | year, paid, accrued, or incurred, the interest |
| 7 | | to a person that is not a related member, and |
| 8 | | (b) the transaction giving rise to the |
| 9 | | interest expense between the taxpayer and the |
| 10 | | person did not have as a principal purpose the |
| 11 | | avoidance of Illinois income tax, and is paid |
| 12 | | pursuant to a contract or agreement that |
| 13 | | reflects an arm's-length interest rate and |
| 14 | | terms; or
|
| 15 | | (iii) the taxpayer can establish, based on |
| 16 | | clear and convincing evidence, that the interest |
| 17 | | paid, accrued, or incurred relates to a contract |
| 18 | | or agreement entered into at arm's-length rates |
| 19 | | and terms and the principal purpose for the |
| 20 | | payment is not federal or Illinois tax avoidance; |
| 21 | | or
|
| 22 | | (iv) an item of interest paid, accrued, or |
| 23 | | incurred, directly or indirectly, to a person if |
| 24 | | the taxpayer establishes by clear and convincing |
| 25 | | evidence that the adjustments are unreasonable; or |
| 26 | | if the taxpayer and the Director agree in writing |
|
| | HB5501 | - 461 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to the application or use of an alternative method |
| 2 | | of apportionment under Section 304(f).
|
| 3 | | Nothing in this subsection shall preclude the |
| 4 | | Director from making any other adjustment |
| 5 | | otherwise allowed under Section 404 of this Act |
| 6 | | for any tax year beginning after the effective |
| 7 | | date of this amendment provided such adjustment is |
| 8 | | made pursuant to regulation adopted by the |
| 9 | | Department and such regulations provide methods |
| 10 | | and standards by which the Department will utilize |
| 11 | | its authority under Section 404 of this Act;
|
| 12 | | (G-13) An amount equal to the amount of intangible |
| 13 | | expenses and costs otherwise allowed as a deduction in |
| 14 | | computing base income, and that were paid, accrued, or |
| 15 | | incurred, directly or indirectly, (i) for taxable |
| 16 | | years ending on or after December 31, 2004, to a |
| 17 | | foreign person who would be a member of the same |
| 18 | | unitary business group but for the fact that the |
| 19 | | foreign person's business activity outside the United |
| 20 | | States is 80% or more of that person's total business |
| 21 | | activity and (ii) for taxable years ending on or after |
| 22 | | December 31, 2008, to a person who would be a member of |
| 23 | | the same unitary business group but for the fact that |
| 24 | | the person is prohibited under Section 1501(a)(27) |
| 25 | | from being included in the unitary business group |
| 26 | | because he or she is ordinarily required to apportion |
|
| | HB5501 | - 462 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | business income under different subsections of Section |
| 2 | | 304. The addition modification required by this |
| 3 | | subparagraph shall be reduced to the extent that |
| 4 | | dividends were included in base income of the unitary |
| 5 | | group for the same taxable year and received by the |
| 6 | | taxpayer or by a member of the taxpayer's unitary |
| 7 | | business group (including amounts included in gross |
| 8 | | income pursuant to Sections 951 through 964 of the |
| 9 | | Internal Revenue Code and amounts included in gross |
| 10 | | income under Section 78 of the Internal Revenue Code) |
| 11 | | with respect to the stock of the same person to whom |
| 12 | | the intangible expenses and costs were directly or |
| 13 | | indirectly paid, incurred, or accrued. The preceding |
| 14 | | sentence shall not apply to the extent that the same |
| 15 | | dividends caused a reduction to the addition |
| 16 | | modification required under Section 203(c)(2)(G-12) of |
| 17 | | this Act. As used in this subparagraph, the term |
| 18 | | "intangible expenses and costs" includes: (1) |
| 19 | | expenses, losses, and costs for or related to the |
| 20 | | direct or indirect acquisition, use, maintenance or |
| 21 | | management, ownership, sale, exchange, or any other |
| 22 | | disposition of intangible property; (2) losses |
| 23 | | incurred, directly or indirectly, from factoring |
| 24 | | transactions or discounting transactions; (3) royalty, |
| 25 | | patent, technical, and copyright fees; (4) licensing |
| 26 | | fees; and (5) other similar expenses and costs. For |
|
| | HB5501 | - 463 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | purposes of this subparagraph, "intangible property" |
| 2 | | includes patents, patent applications, trade names, |
| 3 | | trademarks, service marks, copyrights, mask works, |
| 4 | | trade secrets, and similar types of intangible assets. |
| 5 | | This paragraph shall not apply to the following: |
| 6 | | (i) any item of intangible expenses or costs |
| 7 | | paid, accrued, or incurred, directly or |
| 8 | | indirectly, from a transaction with a person who |
| 9 | | is subject in a foreign country or state, other |
| 10 | | than a state which requires mandatory unitary |
| 11 | | reporting, to a tax on or measured by net income |
| 12 | | with respect to such item; or |
| 13 | | (ii) any item of intangible expense or cost |
| 14 | | paid, accrued, or incurred, directly or |
| 15 | | indirectly, if the taxpayer can establish, based |
| 16 | | on a preponderance of the evidence, both of the |
| 17 | | following: |
| 18 | | (a) the person during the same taxable |
| 19 | | year paid, accrued, or incurred, the |
| 20 | | intangible expense or cost to a person that is |
| 21 | | not a related member, and |
| 22 | | (b) the transaction giving rise to the |
| 23 | | intangible expense or cost between the |
| 24 | | taxpayer and the person did not have as a |
| 25 | | principal purpose the avoidance of Illinois |
| 26 | | income tax, and is paid pursuant to a contract |
|
| | HB5501 | - 464 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or agreement that reflects arm's-length terms; |
| 2 | | or |
| 3 | | (iii) any item of intangible expense or cost |
| 4 | | paid, accrued, or incurred, directly or |
| 5 | | indirectly, from a transaction with a person if |
| 6 | | the taxpayer establishes by clear and convincing |
| 7 | | evidence, that the adjustments are unreasonable; |
| 8 | | or if the taxpayer and the Director agree in |
| 9 | | writing to the application or use of an |
| 10 | | alternative method of apportionment under Section |
| 11 | | 304(f);
|
| 12 | | Nothing in this subsection shall preclude the |
| 13 | | Director from making any other adjustment |
| 14 | | otherwise allowed under Section 404 of this Act |
| 15 | | for any tax year beginning after the effective |
| 16 | | date of this amendment provided such adjustment is |
| 17 | | made pursuant to regulation adopted by the |
| 18 | | Department and such regulations provide methods |
| 19 | | and standards by which the Department will utilize |
| 20 | | its authority under Section 404 of this Act;
|
| 21 | | (G-14) For taxable years ending on or after |
| 22 | | December 31, 2008, an amount equal to the amount of |
| 23 | | insurance premium expenses and costs otherwise allowed |
| 24 | | as a deduction in computing base income, and that were |
| 25 | | paid, accrued, or incurred, directly or indirectly, to |
| 26 | | a person who would be a member of the same unitary |
|
| | HB5501 | - 465 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | business group but for the fact that the person is |
| 2 | | prohibited under Section 1501(a)(27) from being |
| 3 | | included in the unitary business group because he or |
| 4 | | she is ordinarily required to apportion business |
| 5 | | income under different subsections of Section 304. The |
| 6 | | addition modification required by this subparagraph |
| 7 | | shall be reduced to the extent that dividends were |
| 8 | | included in base income of the unitary group for the |
| 9 | | same taxable year and received by the taxpayer or by a |
| 10 | | member of the taxpayer's unitary business group |
| 11 | | (including amounts included in gross income under |
| 12 | | Sections 951 through 964 of the Internal Revenue Code |
| 13 | | and amounts included in gross income under Section 78 |
| 14 | | of the Internal Revenue Code) with respect to the |
| 15 | | stock of the same person to whom the premiums and costs |
| 16 | | were directly or indirectly paid, incurred, or |
| 17 | | accrued. The preceding sentence does not apply to the |
| 18 | | extent that the same dividends caused a reduction to |
| 19 | | the addition modification required under Section |
| 20 | | 203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this |
| 21 | | Act; |
| 22 | | (G-15) An amount equal to the credit allowable to |
| 23 | | the taxpayer under Section 218(a) of this Act, |
| 24 | | determined without regard to Section 218(c) of this |
| 25 | | Act; |
| 26 | | (G-16) For taxable years ending on or after |
|
| | HB5501 | - 466 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | December 31, 2017, an amount equal to the deduction |
| 2 | | allowed under Section 199 of the Internal Revenue Code |
| 3 | | for the taxable year; |
| 4 | | and by deducting from the total so obtained the sum of the |
| 5 | | following
amounts: |
| 6 | | (H) An amount equal to all amounts included in |
| 7 | | such total pursuant
to the provisions of Sections |
| 8 | | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a)
and 408 |
| 9 | | of the Internal Revenue Code or included in such total |
| 10 | | as
distributions under the provisions of any |
| 11 | | retirement or disability plan for
employees of any |
| 12 | | governmental agency or unit, or retirement payments to
|
| 13 | | retired partners, which payments are excluded in |
| 14 | | computing net earnings
from self employment by Section |
| 15 | | 1402 of the Internal Revenue Code and
regulations |
| 16 | | adopted pursuant thereto; |
| 17 | | (I) The valuation limitation amount; |
| 18 | | (J) An amount equal to the amount of any tax |
| 19 | | imposed by this Act
which was refunded to the taxpayer |
| 20 | | and included in such total for the
taxable year; |
| 21 | | (K) An amount equal to all amounts included in |
| 22 | | taxable income as
modified by subparagraphs (A), (B), |
| 23 | | (C), (D), (E), (F) and (G) which
are exempt from |
| 24 | | taxation by this State either by reason of its |
| 25 | | statutes or
Constitution
or by reason of the |
| 26 | | Constitution, treaties or statutes of the United |
|
| | HB5501 | - 467 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | States;
provided that, in the case of any statute of |
| 2 | | this State that exempts income
derived from bonds or |
| 3 | | other obligations from the tax imposed under this Act,
|
| 4 | | the amount exempted shall be the interest net of bond |
| 5 | | premium amortization; |
| 6 | | (L) With the exception of any amounts subtracted |
| 7 | | under subparagraph
(K),
an amount equal to the sum of |
| 8 | | all amounts disallowed as
deductions by (i) Sections |
| 9 | | 171(a)(2) and 265(a)(2) of the Internal Revenue
Code, |
| 10 | | and all amounts of expenses allocable
to interest and |
| 11 | | disallowed as deductions by Section 265(a)(1) of the |
| 12 | | Internal
Revenue Code;
and (ii) for taxable years
|
| 13 | | ending on or after August 13, 1999, Sections
|
| 14 | | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the |
| 15 | | Internal Revenue Code, plus, (iii) for taxable years |
| 16 | | ending on or after December 31, 2011, Section |
| 17 | | 45G(e)(3) of the Internal Revenue Code and, for |
| 18 | | taxable years ending on or after December 31, 2008, |
| 19 | | any amount included in gross income under Section 87 |
| 20 | | of the Internal Revenue Code; the provisions of this
|
| 21 | | subparagraph are exempt from the provisions of Section |
| 22 | | 250; |
| 23 | | (M) An amount equal to those dividends included in |
| 24 | | such total
which were paid by a corporation which |
| 25 | | conducts business operations in a River Edge |
| 26 | | Redevelopment Zone or zones created under the River |
|
| | HB5501 | - 468 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Edge Redevelopment Zone Act and
conducts substantially |
| 2 | | all of its operations in a River Edge Redevelopment |
| 3 | | Zone or zones. This subparagraph (M) is exempt from |
| 4 | | the provisions of Section 250; |
| 5 | | (N) An amount equal to any contribution made to a |
| 6 | | job training
project established pursuant to the Tax |
| 7 | | Increment Allocation
Redevelopment Act; |
| 8 | | (O) An amount equal to those dividends included in |
| 9 | | such total
that were paid by a corporation that |
| 10 | | conducts business operations in a
federally designated |
| 11 | | Foreign Trade Zone or Sub-Zone and that is designated
|
| 12 | | a High Impact Business located in Illinois; provided |
| 13 | | that dividends eligible
for the deduction provided in |
| 14 | | subparagraph (M) of paragraph (2) of this
subsection |
| 15 | | shall not be eligible for the deduction provided under |
| 16 | | this
subparagraph (O); |
| 17 | | (P) An amount equal to the amount of the deduction |
| 18 | | used to compute the
federal income tax credit for |
| 19 | | restoration of substantial amounts held under
claim of |
| 20 | | right for the taxable year pursuant to Section 1341 of |
| 21 | | the
Internal Revenue Code; |
| 22 | | (Q) For taxable year 1999 and thereafter, an |
| 23 | | amount equal to the
amount of any
(i) distributions, |
| 24 | | to the extent includible in gross income for
federal |
| 25 | | income tax purposes, made to the taxpayer because of
|
| 26 | | his or her status as a victim of
persecution for racial |
|
| | HB5501 | - 469 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or religious reasons by Nazi Germany or any other Axis
|
| 2 | | regime or as an heir of the victim and (ii) items
of |
| 3 | | income, to the extent
includible in gross income for |
| 4 | | federal income tax purposes, attributable to,
derived |
| 5 | | from or in any way related to assets stolen from, |
| 6 | | hidden from, or
otherwise lost to a victim of
|
| 7 | | persecution for racial or religious reasons by Nazi
|
| 8 | | Germany or any other Axis regime
immediately prior to, |
| 9 | | during, and immediately after World War II, including,
|
| 10 | | but
not limited to, interest on the proceeds |
| 11 | | receivable as insurance
under policies issued to a |
| 12 | | victim of persecution for racial or religious
reasons |
| 13 | | by Nazi Germany or any other Axis regime by European |
| 14 | | insurance
companies
immediately prior to and during |
| 15 | | World War II;
provided, however, this subtraction from |
| 16 | | federal adjusted gross income does not
apply to assets |
| 17 | | acquired with such assets or with the proceeds from |
| 18 | | the sale of
such assets; provided, further, this |
| 19 | | paragraph shall only apply to a taxpayer
who was the |
| 20 | | first recipient of such assets after their recovery |
| 21 | | and who is a
victim of
persecution for racial or |
| 22 | | religious reasons
by Nazi Germany or any other Axis |
| 23 | | regime or as an heir of the victim. The
amount of and |
| 24 | | the eligibility for any public assistance, benefit, or
|
| 25 | | similar entitlement is not affected by the inclusion |
| 26 | | of items (i) and (ii) of
this paragraph in gross income |
|
| | HB5501 | - 470 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for federal income tax purposes.
This paragraph is |
| 2 | | exempt from the provisions of Section 250; |
| 3 | | (R) For taxable years 2001 and thereafter, for the |
| 4 | | taxable year in
which the bonus depreciation deduction
|
| 5 | | is taken on the taxpayer's federal income tax return |
| 6 | | under
subsection (k) of Section 168 of the Internal |
| 7 | | Revenue Code and for each
applicable taxable year |
| 8 | | thereafter, an amount equal to "x", where: |
| 9 | | (1) "y" equals the amount of the depreciation |
| 10 | | deduction taken for the
taxable year
on the |
| 11 | | taxpayer's federal income tax return on property |
| 12 | | for which the bonus
depreciation deduction
was |
| 13 | | taken in any year under subsection (k) of Section |
| 14 | | 168 of the Internal
Revenue Code, but not |
| 15 | | including the bonus depreciation deduction; |
| 16 | | (2) for taxable years ending on or before |
| 17 | | December 31, 2005, "x" equals "y" multiplied by 30 |
| 18 | | and then divided by 70 (or "y"
multiplied by |
| 19 | | 0.429); and |
| 20 | | (3) for taxable years ending after December |
| 21 | | 31, 2005: |
| 22 | | (i) for property on which a bonus |
| 23 | | depreciation deduction of 30% of the adjusted |
| 24 | | basis was taken, "x" equals "y" multiplied by |
| 25 | | 30 and then divided by 70 (or "y"
multiplied |
| 26 | | by 0.429); |
|
| | HB5501 | - 471 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (ii) for property on which a bonus |
| 2 | | depreciation deduction of 50% of the adjusted |
| 3 | | basis was taken, "x" equals "y" multiplied by |
| 4 | | 1.0; |
| 5 | | (iii) for property on which a bonus |
| 6 | | depreciation deduction of 100% of the adjusted |
| 7 | | basis was taken in a taxable year ending on or |
| 8 | | after December 31, 2021, "x" equals the |
| 9 | | depreciation deduction that would be allowed |
| 10 | | on that property if the taxpayer had made the |
| 11 | | election under Section 168(k)(7) of the |
| 12 | | Internal Revenue Code to not claim bonus |
| 13 | | depreciation deprecation on that property; and |
| 14 | | (iv) for property on which a bonus |
| 15 | | depreciation deduction of a percentage other |
| 16 | | than 30%, 50% or 100% of the adjusted basis |
| 17 | | was taken in a taxable year ending on or after |
| 18 | | December 31, 2021, "x" equals "y" multiplied |
| 19 | | by 100 times the percentage bonus depreciation |
| 20 | | on the property (that is, 100(bonus%)) and |
| 21 | | then divided by 100 times 1 minus the |
| 22 | | percentage bonus depreciation on the property |
| 23 | | (that is, 100(1–bonus%)). |
| 24 | | The aggregate amount deducted under this |
| 25 | | subparagraph in all taxable
years for any one piece of |
| 26 | | property may not exceed the amount of the bonus
|
|
| | HB5501 | - 472 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | depreciation deduction
taken on that property on the |
| 2 | | taxpayer's federal income tax return under
subsection |
| 3 | | (k) of Section 168 of the Internal Revenue Code. This |
| 4 | | subparagraph (R) is exempt from the provisions of |
| 5 | | Section 250; |
| 6 | | (S) If the taxpayer sells, transfers, abandons, or |
| 7 | | otherwise disposes of
property for which the taxpayer |
| 8 | | was required in any taxable year to make an
addition |
| 9 | | modification under subparagraph (G-10), then an amount |
| 10 | | equal to that
addition modification. |
| 11 | | If the taxpayer continues to own property through |
| 12 | | the last day of the last tax year for which a |
| 13 | | subtraction is allowed with respect to that property |
| 14 | | under subparagraph (R) and for which the taxpayer was |
| 15 | | required in any taxable year to make an addition |
| 16 | | modification under subparagraph (G-10), then an amount |
| 17 | | equal to that addition modification.
|
| 18 | | The taxpayer is allowed to take the deduction |
| 19 | | under this subparagraph
only once with respect to any |
| 20 | | one piece of property. |
| 21 | | This subparagraph (S) is exempt from the |
| 22 | | provisions of Section 250; |
| 23 | | (T) The amount of (i) any interest income (net of |
| 24 | | the deductions allocable thereto) taken into account |
| 25 | | for the taxable year with respect to a transaction |
| 26 | | with a taxpayer that is required to make an addition |
|
| | HB5501 | - 473 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | modification with respect to such transaction under |
| 2 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
| 3 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| 4 | | the amount of such addition modification and
(ii) any |
| 5 | | income from intangible property (net of the deductions |
| 6 | | allocable thereto) taken into account for the taxable |
| 7 | | year with respect to a transaction with a taxpayer |
| 8 | | that is required to make an addition modification with |
| 9 | | respect to such transaction under Section |
| 10 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 11 | | 203(d)(2)(D-8), but not to exceed the amount of such |
| 12 | | addition modification. This subparagraph (T) is exempt |
| 13 | | from the provisions of Section 250;
|
| 14 | | (U) An amount equal to the interest income taken |
| 15 | | into account for the taxable year (net of the |
| 16 | | deductions allocable thereto) with respect to |
| 17 | | transactions with (i) a foreign person who would be a |
| 18 | | member of the taxpayer's unitary business group but |
| 19 | | for the fact the foreign person's business activity |
| 20 | | outside the United States is 80% or more of that |
| 21 | | person's total business activity and (ii) for taxable |
| 22 | | years ending on or after December 31, 2008, to a person |
| 23 | | who would be a member of the same unitary business |
| 24 | | group but for the fact that the person is prohibited |
| 25 | | under Section 1501(a)(27) from being included in the |
| 26 | | unitary business group because he or she is ordinarily |
|
| | HB5501 | - 474 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | required to apportion business income under different |
| 2 | | subsections of Section 304, but not to exceed the |
| 3 | | addition modification required to be made for the same |
| 4 | | taxable year under Section 203(c)(2)(G-12) for |
| 5 | | interest paid, accrued, or incurred, directly or |
| 6 | | indirectly, to the same person. This subparagraph (U) |
| 7 | | is exempt from the provisions of Section 250; |
| 8 | | (V) An amount equal to the income from intangible |
| 9 | | property taken into account for the taxable year (net |
| 10 | | of the deductions allocable thereto) with respect to |
| 11 | | transactions with (i) a foreign person who would be a |
| 12 | | member of the taxpayer's unitary business group but |
| 13 | | for the fact that the foreign person's business |
| 14 | | activity outside the United States is 80% or more of |
| 15 | | that person's total business activity and (ii) for |
| 16 | | taxable years ending on or after December 31, 2008, to |
| 17 | | a person who would be a member of the same unitary |
| 18 | | business group but for the fact that the person is |
| 19 | | prohibited under Section 1501(a)(27) from being |
| 20 | | included in the unitary business group because he or |
| 21 | | she is ordinarily required to apportion business |
| 22 | | income under different subsections of Section 304, but |
| 23 | | not to exceed the addition modification required to be |
| 24 | | made for the same taxable year under Section |
| 25 | | 203(c)(2)(G-13) for intangible expenses and costs |
| 26 | | paid, accrued, or incurred, directly or indirectly, to |
|
| | HB5501 | - 475 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the same foreign person. This subparagraph (V) is |
| 2 | | exempt from the provisions of Section 250;
|
| 3 | | (W) in the case of an estate, an amount equal to |
| 4 | | all amounts included in such total pursuant to the |
| 5 | | provisions of Section 111 of the Internal Revenue Code |
| 6 | | as a recovery of items previously deducted by the |
| 7 | | decedent from adjusted gross income in the computation |
| 8 | | of taxable income. This subparagraph (W) is exempt |
| 9 | | from Section 250; |
| 10 | | (X) an amount equal to the refund included in such |
| 11 | | total of any tax deducted for federal income tax |
| 12 | | purposes, to the extent that deduction was added back |
| 13 | | under subparagraph (F). This subparagraph (X) is |
| 14 | | exempt from the provisions of Section 250; |
| 15 | | (Y) For taxable years ending on or after December |
| 16 | | 31, 2011, in the case of a taxpayer who was required to |
| 17 | | add back any insurance premiums under Section |
| 18 | | 203(c)(2)(G-14), such taxpayer may elect to subtract |
| 19 | | that part of a reimbursement received from the |
| 20 | | insurance company equal to the amount of the expense |
| 21 | | or loss (including expenses incurred by the insurance |
| 22 | | company) that would have been taken into account as a |
| 23 | | deduction for federal income tax purposes if the |
| 24 | | expense or loss had been uninsured. If a taxpayer |
| 25 | | makes the election provided for by this subparagraph |
| 26 | | (Y), the insurer to which the premiums were paid must |
|
| | HB5501 | - 476 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | add back to income the amount subtracted by the |
| 2 | | taxpayer pursuant to this subparagraph (Y). This |
| 3 | | subparagraph (Y) is exempt from the provisions of |
| 4 | | Section 250; and |
| 5 | | (Z) For taxable years beginning after December 31, |
| 6 | | 2018 and before January 1, 2026, the amount of excess |
| 7 | | business loss of the taxpayer disallowed as a |
| 8 | | deduction by Section 461(l)(1)(B) of the Internal |
| 9 | | Revenue Code. |
| 10 | | (3) Limitation. The amount of any modification |
| 11 | | otherwise required
under this subsection shall, under |
| 12 | | regulations prescribed by the
Department, be adjusted by |
| 13 | | any amounts included therein which were
properly paid, |
| 14 | | credited, or required to be distributed, or permanently |
| 15 | | set
aside for charitable purposes pursuant to Internal |
| 16 | | Revenue Code Section
642(c) during the taxable year.
|
| 17 | | (d) Partnerships. |
| 18 | | (1) In general. In the case of a partnership, base |
| 19 | | income means an
amount equal to the taxpayer's taxable |
| 20 | | income for the taxable year as
modified by paragraph (2). |
| 21 | | (2) Modifications. The taxable income referred to in |
| 22 | | paragraph (1)
shall be modified by adding thereto the sum |
| 23 | | of the following amounts: |
| 24 | | (A) An amount equal to all amounts paid or accrued |
| 25 | | to the taxpayer as
interest or dividends during the |
|
| | HB5501 | - 477 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | taxable year to the extent excluded from
gross income |
| 2 | | in the computation of taxable income; |
| 3 | | (B) An amount equal to the amount of tax imposed by |
| 4 | | this Act to the
extent deducted from gross income for |
| 5 | | the taxable year; |
| 6 | | (C) The amount of deductions allowed to the |
| 7 | | partnership pursuant to
Section 707 (c) of the |
| 8 | | Internal Revenue Code in calculating its taxable |
| 9 | | income; |
| 10 | | (D) An amount equal to the amount of the capital |
| 11 | | gain deduction
allowable under the Internal Revenue |
| 12 | | Code, to the extent deducted from
gross income in the |
| 13 | | computation of taxable income; |
| 14 | | (D-5) For taxable years 2001 and thereafter, an |
| 15 | | amount equal to the
bonus depreciation deduction taken |
| 16 | | on the taxpayer's federal income tax return for the |
| 17 | | taxable
year under subsection (k) of Section 168 of |
| 18 | | the Internal Revenue Code; |
| 19 | | (D-6) If the taxpayer sells, transfers, abandons, |
| 20 | | or otherwise disposes of
property for which the |
| 21 | | taxpayer was required in any taxable year to make an
|
| 22 | | addition modification under subparagraph (D-5), then |
| 23 | | an amount equal to the
aggregate amount of the |
| 24 | | deductions taken in all taxable years
under |
| 25 | | subparagraph (O) with respect to that property. |
| 26 | | If the taxpayer continues to own property through |
|
| | HB5501 | - 478 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the last day of the last tax year for which a |
| 2 | | subtraction is allowed with respect to that property |
| 3 | | under subparagraph (O) and for which the taxpayer was |
| 4 | | allowed in any taxable year to make a subtraction |
| 5 | | modification under subparagraph (O), then an amount |
| 6 | | equal to that subtraction modification.
|
| 7 | | The taxpayer is required to make the addition |
| 8 | | modification under this
subparagraph
only once with |
| 9 | | respect to any one piece of property; |
| 10 | | (D-7) An amount equal to the amount otherwise |
| 11 | | allowed as a deduction in computing base income for |
| 12 | | interest paid, accrued, or incurred, directly or |
| 13 | | indirectly, (i) for taxable years ending on or after |
| 14 | | December 31, 2004, to a foreign person who would be a |
| 15 | | member of the same unitary business group but for the |
| 16 | | fact the foreign person's business activity outside |
| 17 | | the United States is 80% or more of the foreign |
| 18 | | person's total business activity and (ii) for taxable |
| 19 | | years ending on or after December 31, 2008, to a person |
| 20 | | who would be a member of the same unitary business |
| 21 | | group but for the fact that the person is prohibited |
| 22 | | under Section 1501(a)(27) from being included in the |
| 23 | | unitary business group because he or she is ordinarily |
| 24 | | required to apportion business income under different |
| 25 | | subsections of Section 304. The addition modification |
| 26 | | required by this subparagraph shall be reduced to the |
|
| | HB5501 | - 479 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | extent that dividends were included in base income of |
| 2 | | the unitary group for the same taxable year and |
| 3 | | received by the taxpayer or by a member of the |
| 4 | | taxpayer's unitary business group (including amounts |
| 5 | | included in gross income pursuant to Sections 951 |
| 6 | | through 964 of the Internal Revenue Code and amounts |
| 7 | | included in gross income under Section 78 of the |
| 8 | | Internal Revenue Code) with respect to the stock of |
| 9 | | the same person to whom the interest was paid, |
| 10 | | accrued, or incurred.
|
| 11 | | This paragraph shall not apply to the following:
|
| 12 | | (i) an item of interest paid, accrued, or |
| 13 | | incurred, directly or indirectly, to a person who |
| 14 | | is subject in a foreign country or state, other |
| 15 | | than a state which requires mandatory unitary |
| 16 | | reporting, to a tax on or measured by net income |
| 17 | | with respect to such interest; or |
| 18 | | (ii) an item of interest paid, accrued, or |
| 19 | | incurred, directly or indirectly, to a person if |
| 20 | | the taxpayer can establish, based on a |
| 21 | | preponderance of the evidence, both of the |
| 22 | | following: |
| 23 | | (a) the person, during the same taxable |
| 24 | | year, paid, accrued, or incurred, the interest |
| 25 | | to a person that is not a related member, and |
| 26 | | (b) the transaction giving rise to the |
|
| | HB5501 | - 480 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | interest expense between the taxpayer and the |
| 2 | | person did not have as a principal purpose the |
| 3 | | avoidance of Illinois income tax, and is paid |
| 4 | | pursuant to a contract or agreement that |
| 5 | | reflects an arm's-length interest rate and |
| 6 | | terms; or
|
| 7 | | (iii) the taxpayer can establish, based on |
| 8 | | clear and convincing evidence, that the interest |
| 9 | | paid, accrued, or incurred relates to a contract |
| 10 | | or agreement entered into at arm's-length rates |
| 11 | | and terms and the principal purpose for the |
| 12 | | payment is not federal or Illinois tax avoidance; |
| 13 | | or
|
| 14 | | (iv) an item of interest paid, accrued, or |
| 15 | | incurred, directly or indirectly, to a person if |
| 16 | | the taxpayer establishes by clear and convincing |
| 17 | | evidence that the adjustments are unreasonable; or |
| 18 | | if the taxpayer and the Director agree in writing |
| 19 | | to the application or use of an alternative method |
| 20 | | of apportionment under Section 304(f).
|
| 21 | | Nothing in this subsection shall preclude the |
| 22 | | Director from making any other adjustment |
| 23 | | otherwise allowed under Section 404 of this Act |
| 24 | | for any tax year beginning after the effective |
| 25 | | date of this amendment provided such adjustment is |
| 26 | | made pursuant to regulation adopted by the |
|
| | HB5501 | - 481 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department and such regulations provide methods |
| 2 | | and standards by which the Department will utilize |
| 3 | | its authority under Section 404 of this Act; and
|
| 4 | | (D-8) An amount equal to the amount of intangible |
| 5 | | expenses and costs otherwise allowed as a deduction in |
| 6 | | computing base income, and that were paid, accrued, or |
| 7 | | incurred, directly or indirectly, (i) for taxable |
| 8 | | years ending on or after December 31, 2004, to a |
| 9 | | foreign person who would be a member of the same |
| 10 | | unitary business group but for the fact that the |
| 11 | | foreign person's business activity outside the United |
| 12 | | States is 80% or more of that person's total business |
| 13 | | activity and (ii) for taxable years ending on or after |
| 14 | | December 31, 2008, to a person who would be a member of |
| 15 | | the same unitary business group but for the fact that |
| 16 | | the person is prohibited under Section 1501(a)(27) |
| 17 | | from being included in the unitary business group |
| 18 | | because he or she is ordinarily required to apportion |
| 19 | | business income under different subsections of Section |
| 20 | | 304. The addition modification required by this |
| 21 | | subparagraph shall be reduced to the extent that |
| 22 | | dividends were included in base income of the unitary |
| 23 | | group for the same taxable year and received by the |
| 24 | | taxpayer or by a member of the taxpayer's unitary |
| 25 | | business group (including amounts included in gross |
| 26 | | income pursuant to Sections 951 through 964 of the |
|
| | HB5501 | - 482 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Internal Revenue Code and amounts included in gross |
| 2 | | income under Section 78 of the Internal Revenue Code) |
| 3 | | with respect to the stock of the same person to whom |
| 4 | | the intangible expenses and costs were directly or |
| 5 | | indirectly paid, incurred or accrued. The preceding |
| 6 | | sentence shall not apply to the extent that the same |
| 7 | | dividends caused a reduction to the addition |
| 8 | | modification required under Section 203(d)(2)(D-7) of |
| 9 | | this Act. As used in this subparagraph, the term |
| 10 | | "intangible expenses and costs" includes (1) expenses, |
| 11 | | losses, and costs for, or related to, the direct or |
| 12 | | indirect acquisition, use, maintenance or management, |
| 13 | | ownership, sale, exchange, or any other disposition of |
| 14 | | intangible property; (2) losses incurred, directly or |
| 15 | | indirectly, from factoring transactions or discounting |
| 16 | | transactions; (3) royalty, patent, technical, and |
| 17 | | copyright fees; (4) licensing fees; and (5) other |
| 18 | | similar expenses and costs. For purposes of this |
| 19 | | subparagraph, "intangible property" includes patents, |
| 20 | | patent applications, trade names, trademarks, service |
| 21 | | marks, copyrights, mask works, trade secrets, and |
| 22 | | similar types of intangible assets; |
| 23 | | This paragraph shall not apply to the following: |
| 24 | | (i) any item of intangible expenses or costs |
| 25 | | paid, accrued, or incurred, directly or |
| 26 | | indirectly, from a transaction with a person who |
|
| | HB5501 | - 483 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | is subject in a foreign country or state, other |
| 2 | | than a state which requires mandatory unitary |
| 3 | | reporting, to a tax on or measured by net income |
| 4 | | with respect to such item; or |
| 5 | | (ii) any item of intangible expense or cost |
| 6 | | paid, accrued, or incurred, directly or |
| 7 | | indirectly, if the taxpayer can establish, based |
| 8 | | on a preponderance of the evidence, both of the |
| 9 | | following: |
| 10 | | (a) the person during the same taxable |
| 11 | | year paid, accrued, or incurred, the |
| 12 | | intangible expense or cost to a person that is |
| 13 | | not a related member, and |
| 14 | | (b) the transaction giving rise to the |
| 15 | | intangible expense or cost between the |
| 16 | | taxpayer and the person did not have as a |
| 17 | | principal purpose the avoidance of Illinois |
| 18 | | income tax, and is paid pursuant to a contract |
| 19 | | or agreement that reflects arm's-length terms; |
| 20 | | or |
| 21 | | (iii) any item of intangible expense or cost |
| 22 | | paid, accrued, or incurred, directly or |
| 23 | | indirectly, from a transaction with a person if |
| 24 | | the taxpayer establishes by clear and convincing |
| 25 | | evidence, that the adjustments are unreasonable; |
| 26 | | or if the taxpayer and the Director agree in |
|
| | HB5501 | - 484 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | writing to the application or use of an |
| 2 | | alternative method of apportionment under Section |
| 3 | | 304(f);
|
| 4 | | Nothing in this subsection shall preclude the |
| 5 | | Director from making any other adjustment |
| 6 | | otherwise allowed under Section 404 of this Act |
| 7 | | for any tax year beginning after the effective |
| 8 | | date of this amendment provided such adjustment is |
| 9 | | made pursuant to regulation adopted by the |
| 10 | | Department and such regulations provide methods |
| 11 | | and standards by which the Department will utilize |
| 12 | | its authority under Section 404 of this Act;
|
| 13 | | (D-9) For taxable years ending on or after |
| 14 | | December 31, 2008, an amount equal to the amount of |
| 15 | | insurance premium expenses and costs otherwise allowed |
| 16 | | as a deduction in computing base income, and that were |
| 17 | | paid, accrued, or incurred, directly or indirectly, to |
| 18 | | a person who would be a member of the same unitary |
| 19 | | business group but for the fact that the person is |
| 20 | | prohibited under Section 1501(a)(27) from being |
| 21 | | included in the unitary business group because he or |
| 22 | | she is ordinarily required to apportion business |
| 23 | | income under different subsections of Section 304. The |
| 24 | | addition modification required by this subparagraph |
| 25 | | shall be reduced to the extent that dividends were |
| 26 | | included in base income of the unitary group for the |
|
| | HB5501 | - 485 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | same taxable year and received by the taxpayer or by a |
| 2 | | member of the taxpayer's unitary business group |
| 3 | | (including amounts included in gross income under |
| 4 | | Sections 951 through 964 of the Internal Revenue Code |
| 5 | | and amounts included in gross income under Section 78 |
| 6 | | of the Internal Revenue Code) with respect to the |
| 7 | | stock of the same person to whom the premiums and costs |
| 8 | | were directly or indirectly paid, incurred, or |
| 9 | | accrued. The preceding sentence does not apply to the |
| 10 | | extent that the same dividends caused a reduction to |
| 11 | | the addition modification required under Section |
| 12 | | 203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act; |
| 13 | | (D-10) An amount equal to the credit allowable to |
| 14 | | the taxpayer under Section 218(a) of this Act, |
| 15 | | determined without regard to Section 218(c) of this |
| 16 | | Act; |
| 17 | | (D-11) For taxable years ending on or after |
| 18 | | December 31, 2017, an amount equal to the deduction |
| 19 | | allowed under Section 199 of the Internal Revenue Code |
| 20 | | for the taxable year; |
| 21 | | and by deducting from the total so obtained the following |
| 22 | | amounts: |
| 23 | | (E) The valuation limitation amount; |
| 24 | | (F) An amount equal to the amount of any tax |
| 25 | | imposed by this Act which
was refunded to the taxpayer |
| 26 | | and included in such total for the taxable year; |
|
| | HB5501 | - 486 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (G) An amount equal to all amounts included in |
| 2 | | taxable income as
modified by subparagraphs (A), (B), |
| 3 | | (C) and (D) which are exempt from
taxation by this |
| 4 | | State either by reason of its statutes or Constitution |
| 5 | | or
by reason of
the Constitution, treaties or statutes |
| 6 | | of the United States;
provided that, in the case of any |
| 7 | | statute of this State that exempts income
derived from |
| 8 | | bonds or other obligations from the tax imposed under |
| 9 | | this Act,
the amount exempted shall be the interest |
| 10 | | net of bond premium amortization; |
| 11 | | (H) Any income of the partnership which |
| 12 | | constitutes personal service
income as defined in |
| 13 | | Section 1348(b)(1) of the Internal Revenue Code (as
in |
| 14 | | effect December 31, 1981) or a reasonable allowance |
| 15 | | for compensation
paid or accrued for services rendered |
| 16 | | by partners to the partnership,
whichever is greater; |
| 17 | | this subparagraph (H) is exempt from the provisions of |
| 18 | | Section 250; |
| 19 | | (I) An amount equal to all amounts of income |
| 20 | | distributable to an entity
subject to the Personal |
| 21 | | Property Tax Replacement Income Tax imposed by
|
| 22 | | subsections (c) and (d) of Section 201 of this Act |
| 23 | | including amounts
distributable to organizations |
| 24 | | exempt from federal income tax by reason of
Section |
| 25 | | 501(a) of the Internal Revenue Code; this subparagraph |
| 26 | | (I) is exempt from the provisions of Section 250; |
|
| | HB5501 | - 487 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (J) With the exception of any amounts subtracted |
| 2 | | under subparagraph
(G),
an amount equal to the sum of |
| 3 | | all amounts disallowed as deductions
by (i) Sections |
| 4 | | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, |
| 5 | | and all amounts of expenses allocable to
interest and |
| 6 | | disallowed as deductions by Section 265(a)(1) of the |
| 7 | | Internal
Revenue Code;
and (ii) for taxable years
|
| 8 | | ending on or after August 13, 1999, Sections
|
| 9 | | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the |
| 10 | | Internal Revenue Code, plus, (iii) for taxable years |
| 11 | | ending on or after December 31, 2011, Section |
| 12 | | 45G(e)(3) of the Internal Revenue Code and, for |
| 13 | | taxable years ending on or after December 31, 2008, |
| 14 | | any amount included in gross income under Section 87 |
| 15 | | of the Internal Revenue Code; the provisions of this
|
| 16 | | subparagraph are exempt from the provisions of Section |
| 17 | | 250; |
| 18 | | (K) An amount equal to those dividends included in |
| 19 | | such total which were
paid by a corporation which |
| 20 | | conducts business operations in a River Edge |
| 21 | | Redevelopment Zone or zones created under the River |
| 22 | | Edge Redevelopment Zone Act and
conducts substantially |
| 23 | | all of its operations
from a River Edge Redevelopment |
| 24 | | Zone or zones. This subparagraph (K) is exempt from |
| 25 | | the provisions of Section 250; |
| 26 | | (L) An amount equal to any contribution made to a |
|
| | HB5501 | - 488 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | job training project
established pursuant to the Real |
| 2 | | Property Tax Increment Allocation
Redevelopment Act; |
| 3 | | (M) An amount equal to those dividends included in |
| 4 | | such total
that were paid by a corporation that |
| 5 | | conducts business operations in a
federally designated |
| 6 | | Foreign Trade Zone or Sub-Zone and that is designated |
| 7 | | a
High Impact Business located in Illinois; provided |
| 8 | | that dividends eligible
for the deduction provided in |
| 9 | | subparagraph (K) of paragraph (2) of this
subsection |
| 10 | | shall not be eligible for the deduction provided under |
| 11 | | this
subparagraph (M); |
| 12 | | (N) An amount equal to the amount of the deduction |
| 13 | | used to compute the
federal income tax credit for |
| 14 | | restoration of substantial amounts held under
claim of |
| 15 | | right for the taxable year pursuant to Section 1341 of |
| 16 | | the
Internal Revenue Code; |
| 17 | | (O) For taxable years 2001 and thereafter, for the |
| 18 | | taxable year in
which the bonus depreciation deduction
|
| 19 | | is taken on the taxpayer's federal income tax return |
| 20 | | under
subsection (k) of Section 168 of the Internal |
| 21 | | Revenue Code and for each
applicable taxable year |
| 22 | | thereafter, an amount equal to "x", where: |
| 23 | | (1) "y" equals the amount of the depreciation |
| 24 | | deduction taken for the
taxable year
on the |
| 25 | | taxpayer's federal income tax return on property |
| 26 | | for which the bonus
depreciation deduction
was |
|
| | HB5501 | - 490 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | depreciation deprecation on that property; and |
| 2 | | (iv) for property on which a bonus |
| 3 | | depreciation deduction of a percentage other |
| 4 | | than 30%, 50% or 100% of the adjusted basis |
| 5 | | was taken in a taxable year ending on or after |
| 6 | | December 31, 2021, "x" equals "y" multiplied |
| 7 | | by 100 times the percentage bonus depreciation |
| 8 | | on the property (that is, 100(bonus%)) and |
| 9 | | then divided by 100 times 1 minus the |
| 10 | | percentage bonus depreciation on the property |
| 11 | | (that is, 100(1–bonus%)). |
| 12 | | The aggregate amount deducted under this |
| 13 | | subparagraph in all taxable
years for any one piece of |
| 14 | | property may not exceed the amount of the bonus
|
| 15 | | depreciation deduction
taken on that property on the |
| 16 | | taxpayer's federal income tax return under
subsection |
| 17 | | (k) of Section 168 of the Internal Revenue Code. This |
| 18 | | subparagraph (O) is exempt from the provisions of |
| 19 | | Section 250; |
| 20 | | (P) If the taxpayer sells, transfers, abandons, or |
| 21 | | otherwise disposes of
property for which the taxpayer |
| 22 | | was required in any taxable year to make an
addition |
| 23 | | modification under subparagraph (D-5), then an amount |
| 24 | | equal to that
addition modification. |
| 25 | | If the taxpayer continues to own property through |
| 26 | | the last day of the last tax year for which a |
|
| | HB5501 | - 491 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | subtraction is allowed with respect to that property |
| 2 | | under subparagraph (O) and for which the taxpayer was |
| 3 | | required in any taxable year to make an addition |
| 4 | | modification under subparagraph (D-5), then an amount |
| 5 | | equal to that addition modification.
|
| 6 | | The taxpayer is allowed to take the deduction |
| 7 | | under this subparagraph
only once with respect to any |
| 8 | | one piece of property. |
| 9 | | This subparagraph (P) is exempt from the |
| 10 | | provisions of Section 250; |
| 11 | | (Q) The amount of (i) any interest income (net of |
| 12 | | the deductions allocable thereto) taken into account |
| 13 | | for the taxable year with respect to a transaction |
| 14 | | with a taxpayer that is required to make an addition |
| 15 | | modification with respect to such transaction under |
| 16 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
| 17 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| 18 | | the amount of such addition modification and
(ii) any |
| 19 | | income from intangible property (net of the deductions |
| 20 | | allocable thereto) taken into account for the taxable |
| 21 | | year with respect to a transaction with a taxpayer |
| 22 | | that is required to make an addition modification with |
| 23 | | respect to such transaction under Section |
| 24 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 25 | | 203(d)(2)(D-8), but not to exceed the amount of such |
| 26 | | addition modification. This subparagraph (Q) is exempt |
|
| | HB5501 | - 492 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | from Section 250;
|
| 2 | | (R) An amount equal to the interest income taken |
| 3 | | into account for the taxable year (net of the |
| 4 | | deductions allocable thereto) with respect to |
| 5 | | transactions with (i) a foreign person who would be a |
| 6 | | member of the taxpayer's unitary business group but |
| 7 | | for the fact that the foreign person's business |
| 8 | | activity outside the United States is 80% or more of |
| 9 | | that person's total business activity and (ii) for |
| 10 | | taxable years ending on or after December 31, 2008, to |
| 11 | | a person who would be a member of the same unitary |
| 12 | | business group but for the fact that the person is |
| 13 | | prohibited under Section 1501(a)(27) from being |
| 14 | | included in the unitary business group because he or |
| 15 | | she is ordinarily required to apportion business |
| 16 | | income under different subsections of Section 304, but |
| 17 | | not to exceed the addition modification required to be |
| 18 | | made for the same taxable year under Section |
| 19 | | 203(d)(2)(D-7) for interest paid, accrued, or |
| 20 | | incurred, directly or indirectly, to the same person. |
| 21 | | This subparagraph (R) is exempt from Section 250; |
| 22 | | (S) An amount equal to the income from intangible |
| 23 | | property taken into account for the taxable year (net |
| 24 | | of the deductions allocable thereto) with respect to |
| 25 | | transactions with (i) a foreign person who would be a |
| 26 | | member of the taxpayer's unitary business group but |
|
| | HB5501 | - 493 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for the fact that the foreign person's business |
| 2 | | activity outside the United States is 80% or more of |
| 3 | | that person's total business activity and (ii) for |
| 4 | | taxable years ending on or after December 31, 2008, to |
| 5 | | a person who would be a member of the same unitary |
| 6 | | business group but for the fact that the person is |
| 7 | | prohibited under Section 1501(a)(27) from being |
| 8 | | included in the unitary business group because he or |
| 9 | | she is ordinarily required to apportion business |
| 10 | | income under different subsections of Section 304, but |
| 11 | | not to exceed the addition modification required to be |
| 12 | | made for the same taxable year under Section |
| 13 | | 203(d)(2)(D-8) for intangible expenses and costs paid, |
| 14 | | accrued, or incurred, directly or indirectly, to the |
| 15 | | same person. This subparagraph (S) is exempt from |
| 16 | | Section 250; and
|
| 17 | | (T) For taxable years ending on or after December |
| 18 | | 31, 2011, in the case of a taxpayer who was required to |
| 19 | | add back any insurance premiums under Section |
| 20 | | 203(d)(2)(D-9), such taxpayer may elect to subtract |
| 21 | | that part of a reimbursement received from the |
| 22 | | insurance company equal to the amount of the expense |
| 23 | | or loss (including expenses incurred by the insurance |
| 24 | | company) that would have been taken into account as a |
| 25 | | deduction for federal income tax purposes if the |
| 26 | | expense or loss had been uninsured. If a taxpayer |
|
| | HB5501 | - 494 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | makes the election provided for by this subparagraph |
| 2 | | (T), the insurer to which the premiums were paid must |
| 3 | | add back to income the amount subtracted by the |
| 4 | | taxpayer pursuant to this subparagraph (T). This |
| 5 | | subparagraph (T) is exempt from the provisions of |
| 6 | | Section 250.
|
| 7 | | (e) Gross income; adjusted gross income; taxable income. |
| 8 | | (1) In general. Subject to the provisions of paragraph |
| 9 | | (2) and
subsection (b)(3), for purposes of this Section |
| 10 | | and Section 803(e), a
taxpayer's gross income, adjusted |
| 11 | | gross income, or taxable income for
the taxable year shall |
| 12 | | mean the amount of gross income, adjusted gross
income or |
| 13 | | taxable income properly reportable for federal income tax
|
| 14 | | purposes for the taxable year under the provisions of the |
| 15 | | Internal
Revenue Code. Taxable income may be less than |
| 16 | | zero. However, for taxable
years ending on or after |
| 17 | | December 31, 1986, net operating loss
carryforwards from |
| 18 | | taxable years ending prior to December 31, 1986, may not
|
| 19 | | exceed the sum of federal taxable income for the taxable |
| 20 | | year before net
operating loss deduction, plus the excess |
| 21 | | of addition modifications over
subtraction modifications |
| 22 | | for the taxable year. For taxable years ending
prior to |
| 23 | | December 31, 1986, taxable income may never be an amount |
| 24 | | in excess
of the net operating loss for the taxable year as |
| 25 | | defined in subsections
(c) and (d) of Section 172 of the |
|
| | HB5501 | - 495 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Internal Revenue Code, provided that when
taxable income |
| 2 | | of a corporation (other than a Subchapter S corporation),
|
| 3 | | trust, or estate is less than zero and addition |
| 4 | | modifications, other than
those provided by subparagraph |
| 5 | | (E) of paragraph (2) of subsection (b) for
corporations or |
| 6 | | subparagraph (E) of paragraph (2) of subsection (c) for
|
| 7 | | trusts and estates, exceed subtraction modifications, an |
| 8 | | addition
modification must be made under those |
| 9 | | subparagraphs for any other taxable
year to which the |
| 10 | | taxable income less than zero (net operating loss) is
|
| 11 | | applied under Section 172 of the Internal Revenue Code or |
| 12 | | under
subparagraph (E) of paragraph (2) of this subsection |
| 13 | | (e) applied in
conjunction with Section 172 of the |
| 14 | | Internal Revenue Code. |
| 15 | | (2) Special rule. For purposes of paragraph (1) of |
| 16 | | this subsection,
the taxable income properly reportable |
| 17 | | for federal income tax purposes
shall mean: |
| 18 | | (A) Certain life insurance companies. In the case |
| 19 | | of a life
insurance company subject to the tax imposed |
| 20 | | by Section 801 of the
Internal Revenue Code, life |
| 21 | | insurance company taxable income, plus the
amount of |
| 22 | | distribution from pre-1984 policyholder surplus |
| 23 | | accounts as
calculated under Section 815a of the |
| 24 | | Internal Revenue Code; |
| 25 | | (B) Certain other insurance companies. In the case |
| 26 | | of mutual
insurance companies subject to the tax |
|
| | HB5501 | - 496 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | imposed by Section 831 of the
Internal Revenue Code, |
| 2 | | insurance company taxable income; |
| 3 | | (C) Regulated investment companies. In the case of |
| 4 | | a regulated
investment company subject to the tax |
| 5 | | imposed by Section 852 of the
Internal Revenue Code, |
| 6 | | investment company taxable income; |
| 7 | | (D) Real estate investment trusts. In the case of |
| 8 | | a real estate
investment trust subject to the tax |
| 9 | | imposed by Section 857 of the
Internal Revenue Code, |
| 10 | | real estate investment trust taxable income; |
| 11 | | (E) Consolidated corporations. In the case of a |
| 12 | | corporation which
is a member of an affiliated group |
| 13 | | of corporations filing a consolidated
income tax |
| 14 | | return for the taxable year for federal income tax |
| 15 | | purposes,
taxable income determined as if such |
| 16 | | corporation had filed a separate
return for federal |
| 17 | | income tax purposes for the taxable year and each
|
| 18 | | preceding taxable year for which it was a member of an |
| 19 | | affiliated group.
For purposes of this subparagraph, |
| 20 | | the taxpayer's separate taxable
income shall be |
| 21 | | determined as if the election provided by Section
|
| 22 | | 243(b)(2) of the Internal Revenue Code had been in |
| 23 | | effect for all such years; |
| 24 | | (F) Cooperatives. In the case of a cooperative |
| 25 | | corporation or
association, the taxable income of such |
| 26 | | organization determined in
accordance with the |
|
| | HB5501 | - 497 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provisions of Section 1381 through 1388 of the
|
| 2 | | Internal Revenue Code, but without regard to the |
| 3 | | prohibition against offsetting losses from patronage |
| 4 | | activities against income from nonpatronage |
| 5 | | activities; except that a cooperative corporation or |
| 6 | | association may make an election to follow its federal |
| 7 | | income tax treatment of patronage losses and |
| 8 | | nonpatronage losses. In the event such election is |
| 9 | | made, such losses shall be computed and carried over |
| 10 | | in a manner consistent with subsection (a) of Section |
| 11 | | 207 of this Act and apportioned by the apportionment |
| 12 | | factor reported by the cooperative on its Illinois |
| 13 | | income tax return filed for the taxable year in which |
| 14 | | the losses are incurred. The election shall be |
| 15 | | effective for all taxable years with original returns |
| 16 | | due on or after the date of the election. In addition, |
| 17 | | the cooperative may file an amended return or returns, |
| 18 | | as allowed under this Act, to provide that the |
| 19 | | election shall be effective for losses incurred or |
| 20 | | carried forward for taxable years occurring prior to |
| 21 | | the date of the election. Once made, the election may |
| 22 | | only be revoked upon approval of the Director. The |
| 23 | | Department shall adopt rules setting forth |
| 24 | | requirements for documenting the elections and any |
| 25 | | resulting Illinois net loss and the standards to be |
| 26 | | used by the Director in evaluating requests to revoke |
|
| | HB5501 | - 498 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | elections. Public Act 96-932 is declaratory of |
| 2 | | existing law; |
| 3 | | (G) Subchapter S corporations. In the case of: (i) |
| 4 | | a Subchapter S
corporation for which there is in |
| 5 | | effect an election for the taxable year
under Section |
| 6 | | 1362 of the Internal Revenue Code, the taxable income |
| 7 | | of such
corporation determined in accordance with |
| 8 | | Section 1363(b) of the Internal
Revenue Code, except |
| 9 | | that taxable income shall take into
account those |
| 10 | | items which are required by Section 1363(b)(1) of the
|
| 11 | | Internal Revenue Code to be separately stated; and |
| 12 | | (ii) a Subchapter
S corporation for which there is in |
| 13 | | effect a federal election to opt out of
the provisions |
| 14 | | of the Subchapter S Revision Act of 1982 and have |
| 15 | | applied
instead the prior federal Subchapter S rules |
| 16 | | as in effect on July 1, 1982,
the taxable income of |
| 17 | | such corporation determined in accordance with the
|
| 18 | | federal Subchapter S rules as in effect on July 1, |
| 19 | | 1982; and |
| 20 | | (H) Partnerships. In the case of a partnership, |
| 21 | | taxable income
determined in accordance with Section |
| 22 | | 703 of the Internal Revenue Code,
except that taxable |
| 23 | | income shall take into account those items which are
|
| 24 | | required by Section 703(a)(1) to be separately stated |
| 25 | | but which would be
taken into account by an individual |
| 26 | | in calculating his taxable income. |
|
| | HB5501 | - 499 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) Recapture of business expenses on disposition of |
| 2 | | asset or business. Notwithstanding any other law to the |
| 3 | | contrary, if in prior years income from an asset or |
| 4 | | business has been classified as business income and in a |
| 5 | | later year is demonstrated to be non-business income, then |
| 6 | | all expenses, without limitation, deducted in such later |
| 7 | | year and in the 2 immediately preceding taxable years |
| 8 | | related to that asset or business that generated the |
| 9 | | non-business income shall be added back and recaptured as |
| 10 | | business income in the year of the disposition of the |
| 11 | | asset or business. Such amount shall be apportioned to |
| 12 | | Illinois using the greater of the apportionment fraction |
| 13 | | computed for the business under Section 304 of this Act |
| 14 | | for the taxable year or the average of the apportionment |
| 15 | | fractions computed for the business under Section 304 of |
| 16 | | this Act for the taxable year and for the 2 immediately |
| 17 | | preceding taxable years.
|
| 18 | | (f) Valuation limitation amount. |
| 19 | | (1) In general. The valuation limitation amount |
| 20 | | referred to in
subsections (a)(2)(G), (c)(2)(I) and |
| 21 | | (d)(2)(E) is an amount equal to: |
| 22 | | (A) The sum of the pre-August 1, 1969 appreciation |
| 23 | | amounts (to the
extent consisting of gain reportable |
| 24 | | under the provisions of Section
1245 or 1250 of the |
| 25 | | Internal Revenue Code) for all property in respect
of |
|
| | HB5501 | - 500 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | which such gain was reported for the taxable year; |
| 2 | | plus |
| 3 | | (B) The lesser of (i) the sum of the pre-August 1, |
| 4 | | 1969 appreciation
amounts (to the extent consisting of |
| 5 | | capital gain) for all property in
respect of which |
| 6 | | such gain was reported for federal income tax purposes
|
| 7 | | for the taxable year, or (ii) the net capital gain for |
| 8 | | the taxable year,
reduced in either case by any amount |
| 9 | | of such gain included in the amount
determined under |
| 10 | | subsection (a)(2)(F) or (c)(2)(H). |
| 11 | | (2) Pre-August 1, 1969 appreciation amount. |
| 12 | | (A) If the fair market value of property referred |
| 13 | | to in paragraph
(1) was readily ascertainable on |
| 14 | | August 1, 1969, the pre-August 1, 1969
appreciation |
| 15 | | amount for such property is the lesser of (i) the |
| 16 | | excess of
such fair market value over the taxpayer's |
| 17 | | basis (for determining gain)
for such property on that |
| 18 | | date (determined under the Internal Revenue
Code as in |
| 19 | | effect on that date), or (ii) the total gain realized |
| 20 | | and
reportable for federal income tax purposes in |
| 21 | | respect of the sale,
exchange or other disposition of |
| 22 | | such property. |
| 23 | | (B) If the fair market value of property referred |
| 24 | | to in paragraph
(1) was not readily ascertainable on |
| 25 | | August 1, 1969, the pre-August 1,
1969 appreciation |
| 26 | | amount for such property is that amount which bears
|
|
| | HB5501 | - 501 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the same ratio to the total gain reported in respect of |
| 2 | | the property for
federal income tax purposes for the |
| 3 | | taxable year, as the number of full
calendar months in |
| 4 | | that part of the taxpayer's holding period for the
|
| 5 | | property ending July 31, 1969 bears to the number of |
| 6 | | full calendar
months in the taxpayer's entire holding |
| 7 | | period for the
property. |
| 8 | | (C) The Department shall prescribe such |
| 9 | | regulations as may be
necessary to carry out the |
| 10 | | purposes of this paragraph.
|
| 11 | | (g) Double deductions. Unless specifically provided |
| 12 | | otherwise, nothing
in this Section shall permit the same item |
| 13 | | to be deducted more than once.
|
| 14 | | (h) Legislative intention. Except as expressly provided by |
| 15 | | this
Section there shall be no modifications or limitations on |
| 16 | | the amounts
of income, gain, loss or deduction taken into |
| 17 | | account in determining
gross income, adjusted gross income or |
| 18 | | taxable income for federal income
tax purposes for the taxable |
| 19 | | year, or in the amount of such items
entering into the |
| 20 | | computation of base income and net income under this
Act for |
| 21 | | such taxable year, whether in respect of property values as of
|
| 22 | | August 1, 1969 or otherwise. |
| 23 | | (Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19; |
| 24 | | 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, eff. |
|
| | HB5501 | - 502 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 8-27-21; revised 10-14-21.)
|
| 2 | | (35 ILCS 5/901)
|
| 3 | | Sec. 901. Collection authority. |
| 4 | | (a) In general. The Department shall collect the taxes |
| 5 | | imposed by this Act. The Department
shall collect certified |
| 6 | | past due child support amounts under Section 2505-650
of the |
| 7 | | Department of Revenue Law of the
Civil Administrative Code of |
| 8 | | Illinois. Except as
provided in subsections (b), (c), (e), |
| 9 | | (f), (g), and (h) of this Section, money collected
pursuant to |
| 10 | | subsections (a) and (b) of Section 201 of this Act shall be
|
| 11 | | paid into the General Revenue Fund in the State treasury; |
| 12 | | money
collected pursuant to subsections (c) and (d) of Section |
| 13 | | 201 of this Act
shall be paid into the Personal Property Tax |
| 14 | | Replacement Fund, a special
fund in the State Treasury; and |
| 15 | | money collected under Section 2505-650 of the
Department of |
| 16 | | Revenue Law of the
Civil Administrative Code of Illinois shall |
| 17 | | be paid
into the
Child Support Enforcement Trust Fund, a |
| 18 | | special fund outside the State
Treasury, or
to the State
|
| 19 | | Disbursement Unit established under Section 10-26 of the |
| 20 | | Illinois Public Aid
Code, as directed by the Department of |
| 21 | | Healthcare and Family Services. |
| 22 | | (b) Local Government Distributive Fund. Beginning August |
| 23 | | 1, 2017, the Treasurer shall transfer each month from the |
| 24 | | General Revenue Fund to the Local Government Distributive Fund |
| 25 | | an amount equal to the sum of: (i) 6.06% (10% of the ratio of |
|
| | HB5501 | - 503 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the 3% individual income tax rate prior to 2011 to the 4.95% |
| 2 | | individual income tax rate after July 1, 2017) of the net |
| 3 | | revenue realized from the tax imposed by subsections (a) and |
| 4 | | (b) of Section 201 of this Act upon individuals, trusts, and |
| 5 | | estates during the preceding month; (ii) 6.85% (10% of the |
| 6 | | ratio of the 4.8% corporate income tax rate prior to 2011 to |
| 7 | | the 7% corporate income tax rate after July 1, 2017) of the net |
| 8 | | revenue realized from the tax imposed by subsections (a) and |
| 9 | | (b) of Section 201 of this Act upon corporations during the |
| 10 | | preceding month; and (iii) beginning February 1, 2022, 6.06% |
| 11 | | of the net revenue realized from the tax imposed by subsection |
| 12 | | (p) of Section 201 of this Act upon electing pass-through |
| 13 | | entities. Net revenue realized for a month shall be defined as |
| 14 | | the
revenue from the tax imposed by subsections (a) and (b) of |
| 15 | | Section 201 of this
Act which is deposited in the General |
| 16 | | Revenue Fund, the Education Assistance
Fund, the Income Tax |
| 17 | | Surcharge Local Government Distributive Fund, the Fund for the |
| 18 | | Advancement of Education, and the Commitment to Human Services |
| 19 | | Fund during the
month minus the amount paid out of the General |
| 20 | | Revenue Fund in State warrants
during that same month as |
| 21 | | refunds to taxpayers for overpayment of liability
under the |
| 22 | | tax imposed by subsections (a) and (b) of Section 201 of this |
| 23 | | Act. |
| 24 | | Notwithstanding any provision of law to the contrary, |
| 25 | | beginning on July 6, 2017 (the effective date of Public Act |
| 26 | | 100-23), those amounts required under this subsection (b) to |
|
| | HB5501 | - 504 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be transferred by the Treasurer into the Local Government |
| 2 | | Distributive Fund from the General Revenue Fund shall be |
| 3 | | directly deposited into the Local Government Distributive Fund |
| 4 | | as the revenue is realized from the tax imposed by subsections |
| 5 | | (a) and (b) of Section 201 of this Act. |
| 6 | | (c) Deposits Into Income Tax Refund Fund. |
| 7 | | (1) Beginning on January 1, 1989 and thereafter, the |
| 8 | | Department shall
deposit a percentage of the amounts |
| 9 | | collected pursuant to subsections (a)
and (b)(1), (2), and |
| 10 | | (3) of Section 201 of this Act into a fund in the State
|
| 11 | | treasury known as the Income Tax Refund Fund. Beginning |
| 12 | | with State fiscal year 1990 and for each fiscal year
|
| 13 | | thereafter, the percentage deposited into the Income Tax |
| 14 | | Refund Fund during a
fiscal year shall be the Annual |
| 15 | | Percentage. For fiscal year 2011, the Annual Percentage |
| 16 | | shall be 8.75%. For fiscal year 2012, the Annual |
| 17 | | Percentage shall be 8.75%. For fiscal year 2013, the |
| 18 | | Annual Percentage shall be 9.75%. For fiscal year 2014, |
| 19 | | the Annual Percentage shall be 9.5%. For fiscal year 2015, |
| 20 | | the Annual Percentage shall be 10%. For fiscal year 2018, |
| 21 | | the Annual Percentage shall be 9.8%. For fiscal year 2019, |
| 22 | | the Annual Percentage shall be 9.7%. For fiscal year 2020, |
| 23 | | the Annual Percentage shall be 9.5%. For fiscal year 2021, |
| 24 | | the Annual Percentage shall be 9%. For fiscal year 2022, |
| 25 | | the Annual Percentage shall be 9.25%. For all other
fiscal |
| 26 | | years, the
Annual Percentage shall be calculated as a |
|
| | HB5501 | - 505 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fraction, the numerator of which
shall be the amount of |
| 2 | | refunds approved for payment by the Department during
the |
| 3 | | preceding fiscal year as a result of overpayment of tax |
| 4 | | liability under
subsections (a) and (b)(1), (2), and (3) |
| 5 | | of Section 201 of this Act plus the
amount of such refunds |
| 6 | | remaining approved but unpaid at the end of the
preceding |
| 7 | | fiscal year, minus the amounts transferred into the Income |
| 8 | | Tax
Refund Fund from the Tobacco Settlement Recovery Fund, |
| 9 | | and
the denominator of which shall be the amounts which |
| 10 | | will be collected pursuant
to subsections (a) and (b)(1), |
| 11 | | (2), and (3) of Section 201 of this Act during
the |
| 12 | | preceding fiscal year; except that in State fiscal year |
| 13 | | 2002, the Annual
Percentage shall in no event exceed 7.6%. |
| 14 | | The Director of Revenue shall
certify the Annual |
| 15 | | Percentage to the Comptroller on the last business day of
|
| 16 | | the fiscal year immediately preceding the fiscal year for |
| 17 | | which it is to be
effective. |
| 18 | | (2) Beginning on January 1, 1989 and thereafter, the |
| 19 | | Department shall
deposit a percentage of the amounts |
| 20 | | collected pursuant to subsections (a)
and (b)(6), (7), and |
| 21 | | (8), (c) and (d) of Section 201
of this Act into a fund in |
| 22 | | the State treasury known as the Income Tax
Refund Fund. |
| 23 | | Beginning
with State fiscal year 1990 and for each fiscal |
| 24 | | year thereafter, the
percentage deposited into the Income |
| 25 | | Tax Refund Fund during a fiscal year
shall be the Annual |
| 26 | | Percentage. For fiscal year 2011, the Annual Percentage |
|
| | HB5501 | - 506 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall be 17.5%. For fiscal year 2012, the Annual |
| 2 | | Percentage shall be 17.5%. For fiscal year 2013, the |
| 3 | | Annual Percentage shall be 14%. For fiscal year 2014, the |
| 4 | | Annual Percentage shall be 13.4%. For fiscal year 2015, |
| 5 | | the Annual Percentage shall be 14%. For fiscal year 2018, |
| 6 | | the Annual Percentage shall be 17.5%. For fiscal year |
| 7 | | 2019, the Annual Percentage shall be 15.5%. For fiscal |
| 8 | | year 2020, the Annual Percentage shall be 14.25%. For |
| 9 | | fiscal year 2021, the Annual Percentage shall be 14%. For |
| 10 | | fiscal year 2022, the Annual Percentage shall be 15%. For |
| 11 | | all other fiscal years, the Annual
Percentage shall be |
| 12 | | calculated
as a fraction, the numerator of which shall be |
| 13 | | the amount of refunds
approved for payment by the |
| 14 | | Department during the preceding fiscal year as
a result of |
| 15 | | overpayment of tax liability under subsections (a) and |
| 16 | | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this |
| 17 | | Act plus the
amount of such refunds remaining approved but |
| 18 | | unpaid at the end of the
preceding fiscal year, and the |
| 19 | | denominator of
which shall be the amounts which will be |
| 20 | | collected pursuant to subsections (a)
and (b)(6), (7), and |
| 21 | | (8), (c) and (d) of Section 201 of this Act during the
|
| 22 | | preceding fiscal year; except that in State fiscal year |
| 23 | | 2002, the Annual
Percentage shall in no event exceed 23%. |
| 24 | | The Director of Revenue shall
certify the Annual |
| 25 | | Percentage to the Comptroller on the last business day of
|
| 26 | | the fiscal year immediately preceding the fiscal year for |
|
| | HB5501 | - 507 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | which it is to be
effective. |
| 2 | | (3) The Comptroller shall order transferred and the |
| 3 | | Treasurer shall
transfer from the Tobacco Settlement |
| 4 | | Recovery Fund to the Income Tax Refund
Fund (i) |
| 5 | | $35,000,000 in January, 2001, (ii) $35,000,000 in January, |
| 6 | | 2002, and
(iii) $35,000,000 in January, 2003. |
| 7 | | (d) Expenditures from Income Tax Refund Fund. |
| 8 | | (1) Beginning January 1, 1989, money in the Income Tax |
| 9 | | Refund Fund
shall be expended exclusively for the purpose |
| 10 | | of paying refunds resulting
from overpayment of tax |
| 11 | | liability under Section 201 of this Act
and for
making |
| 12 | | transfers pursuant to this subsection (d). |
| 13 | | (2) The Director shall order payment of refunds |
| 14 | | resulting from
overpayment of tax liability under Section |
| 15 | | 201 of this Act from the
Income Tax Refund Fund only to the |
| 16 | | extent that amounts collected pursuant
to Section 201 of |
| 17 | | this Act and transfers pursuant to this subsection (d)
and |
| 18 | | item (3) of subsection (c) have been deposited and |
| 19 | | retained in the
Fund. |
| 20 | | (3) As soon as possible after the end of each fiscal |
| 21 | | year, the Director
shall
order transferred and the State |
| 22 | | Treasurer and State Comptroller shall
transfer from the |
| 23 | | Income Tax Refund Fund to the Personal Property Tax
|
| 24 | | Replacement Fund an amount, certified by the Director to |
| 25 | | the Comptroller,
equal to the excess of the amount |
| 26 | | collected pursuant to subsections (c) and
(d) of Section |
|
| | HB5501 | - 508 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 201 of this Act deposited into the Income Tax Refund Fund
|
| 2 | | during the fiscal year over the amount of refunds |
| 3 | | resulting from
overpayment of tax liability under |
| 4 | | subsections (c) and (d) of Section 201
of this Act paid |
| 5 | | from the Income Tax Refund Fund during the fiscal year. |
| 6 | | (4) As soon as possible after the end of each fiscal |
| 7 | | year, the Director shall
order transferred and the State |
| 8 | | Treasurer and State Comptroller shall
transfer from the |
| 9 | | Personal Property Tax Replacement Fund to the Income Tax
|
| 10 | | Refund Fund an amount, certified by the Director to the |
| 11 | | Comptroller, equal
to the excess of the amount of refunds |
| 12 | | resulting from overpayment of tax
liability under |
| 13 | | subsections (c) and (d) of Section 201 of this Act paid
|
| 14 | | from the Income Tax Refund Fund during the fiscal year |
| 15 | | over the amount
collected pursuant to subsections (c) and |
| 16 | | (d) of Section 201 of this Act
deposited into the Income |
| 17 | | Tax Refund Fund during the fiscal year. |
| 18 | | (4.5) As soon as possible after the end of fiscal year |
| 19 | | 1999 and of each
fiscal year
thereafter, the Director |
| 20 | | shall order transferred and the State Treasurer and
State |
| 21 | | Comptroller shall transfer from the Income Tax Refund Fund |
| 22 | | to the General
Revenue Fund any surplus remaining in the |
| 23 | | Income Tax Refund Fund as of the end
of such fiscal year; |
| 24 | | excluding for fiscal years 2000, 2001, and 2002
amounts |
| 25 | | attributable to transfers under item (3) of subsection (c) |
| 26 | | less refunds
resulting from the earned income tax credit. |
|
| | HB5501 | - 509 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (5) This Act shall constitute an irrevocable and |
| 2 | | continuing
appropriation from the Income Tax Refund Fund |
| 3 | | for the purpose of paying
refunds upon the order of the |
| 4 | | Director in accordance with the provisions of
this |
| 5 | | Section. |
| 6 | | (e) Deposits into the Education Assistance Fund and the |
| 7 | | Income Tax
Surcharge Local Government Distributive Fund. On |
| 8 | | July 1, 1991, and thereafter, of the amounts collected |
| 9 | | pursuant to
subsections (a) and (b) of Section 201 of this Act, |
| 10 | | minus deposits into the
Income Tax Refund Fund, the Department |
| 11 | | shall deposit 7.3% into the
Education Assistance Fund in the |
| 12 | | State Treasury. Beginning July 1, 1991,
and continuing through |
| 13 | | January 31, 1993, of the amounts collected pursuant to
|
| 14 | | subsections (a) and (b) of Section 201 of the Illinois Income |
| 15 | | Tax Act, minus
deposits into the Income Tax Refund Fund, the |
| 16 | | Department shall deposit 3.0%
into the Income Tax Surcharge |
| 17 | | Local Government Distributive Fund in the State
Treasury. |
| 18 | | Beginning February 1, 1993 and continuing through June 30, |
| 19 | | 1993, of
the amounts collected pursuant to subsections (a) and |
| 20 | | (b) of Section 201 of the
Illinois Income Tax Act, minus |
| 21 | | deposits into the Income Tax Refund Fund, the
Department shall |
| 22 | | deposit 4.4% into the Income Tax Surcharge Local Government
|
| 23 | | Distributive Fund in the State Treasury. Beginning July 1, |
| 24 | | 1993, and
continuing through June 30, 1994, of the amounts |
| 25 | | collected under subsections
(a) and (b) of Section 201 of this |
| 26 | | Act, minus deposits into the Income Tax
Refund Fund, the |
|
| | HB5501 | - 510 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department shall deposit 1.475% into the Income Tax Surcharge
|
| 2 | | Local Government Distributive Fund in the State Treasury. |
| 3 | | (f) Deposits into the Fund for the Advancement of |
| 4 | | Education. Beginning February 1, 2015, the Department shall |
| 5 | | deposit the following portions of the revenue realized from |
| 6 | | the tax imposed upon individuals, trusts, and estates by |
| 7 | | subsections (a) and (b) of Section 201 of this Act, minus |
| 8 | | deposits into the Income Tax Refund Fund, into the Fund for the |
| 9 | | Advancement of Education: |
| 10 | | (1) beginning February 1, 2015, and prior to February |
| 11 | | 1, 2025, 1/30; and |
| 12 | | (2) beginning February 1, 2025, 1/26. |
| 13 | | If the rate of tax imposed by subsection (a) and (b) of |
| 14 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
| 15 | | the Department shall not make the deposits required by this |
| 16 | | subsection (f) on or after the effective date of the |
| 17 | | reduction. |
| 18 | | (g) Deposits into the Commitment to Human Services Fund. |
| 19 | | Beginning February 1, 2015, the Department shall deposit the |
| 20 | | following portions of the revenue realized from the tax |
| 21 | | imposed upon individuals, trusts, and estates by subsections |
| 22 | | (a) and (b) of Section 201 of this Act, minus deposits into the |
| 23 | | Income Tax Refund Fund, into the Commitment to Human Services |
| 24 | | Fund: |
| 25 | | (1) beginning February 1, 2015, and prior to February |
| 26 | | 1, 2025, 1/30; and |
|
| | HB5501 | - 511 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) beginning February 1, 2025, 1/26. |
| 2 | | If the rate of tax imposed by subsection (a) and (b) of |
| 3 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
| 4 | | the Department shall not make the deposits required by this |
| 5 | | subsection (g) on or after the effective date of the |
| 6 | | reduction. |
| 7 | | (h) Deposits into the Tax Compliance and Administration |
| 8 | | Fund. Beginning on the first day of the first calendar month to |
| 9 | | occur on or after August 26, 2014 (the effective date of Public |
| 10 | | Act 98-1098), each month the Department shall pay into the Tax |
| 11 | | Compliance and Administration Fund, to be used, subject to |
| 12 | | appropriation, to fund additional auditors and compliance |
| 13 | | personnel at the Department, an amount equal to 1/12 of 5% of |
| 14 | | the cash receipts collected during the preceding fiscal year |
| 15 | | by the Audit Bureau of the Department from the tax imposed by |
| 16 | | subsections (a), (b), (c), and (d) of Section 201 of this Act, |
| 17 | | net of deposits into the Income Tax Refund Fund made from those |
| 18 | | cash receipts. |
| 19 | | (Source: P.A. 101-8, see Section 99 for effective date; |
| 20 | | 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff. |
| 21 | | 6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, |
| 22 | | eff. 8-27-21; revised 10-19-21.)
|
| 23 | | (35 ILCS 5/917) (from Ch. 120, par. 9-917)
|
| 24 | | Sec. 917. Confidentiality and information sharing.
|
| 25 | | (a) Confidentiality.
Except as provided in this Section, |
|
| | HB5501 | - 512 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | all information received by the Department
from returns filed |
| 2 | | under this Act, or from any investigation conducted under
the |
| 3 | | provisions of this Act, shall be confidential, except for |
| 4 | | official purposes
within the Department or pursuant to |
| 5 | | official procedures for collection
of any State tax or |
| 6 | | pursuant to an investigation or audit by the Illinois
State |
| 7 | | Scholarship Commission of a delinquent student loan or |
| 8 | | monetary award
or enforcement of any civil or criminal penalty |
| 9 | | or sanction
imposed by this Act or by another statute imposing |
| 10 | | a State tax, and any
person who divulges any such information |
| 11 | | in any manner, except for such
purposes and pursuant to order |
| 12 | | of the Director or in accordance with a proper
judicial order, |
| 13 | | shall be guilty of a Class A misdemeanor. However, the
|
| 14 | | provisions of this paragraph are not applicable to information |
| 15 | | furnished
to (i) the Department of Healthcare and Family |
| 16 | | Services (formerly
Department of Public Aid), State's |
| 17 | | Attorneys, and the Attorney General for child support |
| 18 | | enforcement purposes and (ii) a licensed attorney representing |
| 19 | | the taxpayer where an appeal or a protest
has been filed on |
| 20 | | behalf of the taxpayer. If it is necessary to file information |
| 21 | | obtained pursuant to this Act in a child support enforcement |
| 22 | | proceeding, the information shall be filed under seal. The |
| 23 | | furnishing upon request of the Auditor General, or his or her |
| 24 | | authorized agents, for official use of returns filed and |
| 25 | | information related thereto under this Act is deemed to be an |
| 26 | | official purpose within the Department within the meaning of |
|
| | HB5501 | - 513 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this Section.
|
| 2 | | (b) Public information. Nothing contained in this Act |
| 3 | | shall prevent
the Director from publishing or making available |
| 4 | | to the public the names
and addresses of persons filing |
| 5 | | returns under this Act, or from publishing
or making available |
| 6 | | reasonable statistics concerning the operation of the
tax |
| 7 | | wherein the contents of returns are grouped into aggregates in |
| 8 | | such a
way that the information contained in any individual |
| 9 | | return shall not be
disclosed.
|
| 10 | | (c) Governmental agencies. The Director may make available |
| 11 | | to the
Secretary of the Treasury of the United States or his |
| 12 | | delegate, or the
proper officer or his delegate of any other |
| 13 | | state imposing a tax upon or
measured by income, for |
| 14 | | exclusively official purposes, information received
by the |
| 15 | | Department in the administration of this Act, but such |
| 16 | | permission
shall be granted only if the United States or such |
| 17 | | other state, as the case
may be, grants the Department |
| 18 | | substantially similar privileges. The Director
may exchange |
| 19 | | information with the Department of Healthcare and Family |
| 20 | | Services and the
Department of Human Services (acting as |
| 21 | | successor to the Department of Public
Aid under the Department |
| 22 | | of Human Services Act) for
the purpose of verifying sources |
| 23 | | and amounts of income and for other purposes
directly |
| 24 | | connected with the administration of this Act, the Illinois |
| 25 | | Public Aid Code, and any other health benefit program |
| 26 | | administered by the State. The Director may exchange |
|
| | HB5501 | - 514 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | information with the Director of
the Department of Employment |
| 2 | | Security for the purpose of verifying sources
and amounts of |
| 3 | | income and for other purposes directly connected with the
|
| 4 | | administration of this Act and Acts administered by the |
| 5 | | Department of
Employment
Security.
The Director may make |
| 6 | | available to the Illinois Workers' Compensation Commission
|
| 7 | | information regarding employers for the purpose of verifying |
| 8 | | the insurance
coverage required under the Workers' |
| 9 | | Compensation Act and Workers'
Occupational Diseases Act. The |
| 10 | | Director may exchange information with the Illinois Department |
| 11 | | on Aging for the purpose of verifying sources and amounts of |
| 12 | | income for purposes directly related to confirming eligibility |
| 13 | | for participation in the programs of benefits authorized by |
| 14 | | the Senior Citizens and Persons with Disabilities Property Tax |
| 15 | | Relief and Pharmaceutical Assistance Act. The Director may |
| 16 | | exchange information with the State Treasurer's Office and the |
| 17 | | Department of Employment Security for the purpose of |
| 18 | | implementing, administering, and enforcing the Illinois Secure |
| 19 | | Choice Savings Program Act. The Director may exchange |
| 20 | | information with the State Treasurer's Office for the purpose |
| 21 | | of administering the Revised Uniform Unclaimed Property Act or |
| 22 | | successor Acts. The Director may exchange information with the |
| 23 | | State Treasurer's Office for the purpose of administering the |
| 24 | | Illinois Higher Education Savings Program established under |
| 25 | | Section 16.8 of the State Treasurer Act.
|
| 26 | | The Director may make available to any State agency, |
|
| | HB5501 | - 515 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | including the
Illinois Supreme Court, which licenses persons |
| 2 | | to engage in any occupation,
information that a person |
| 3 | | licensed by such agency has failed to file
returns under this |
| 4 | | Act or pay the tax, penalty and interest shown therein,
or has |
| 5 | | failed to pay any final assessment of tax, penalty or interest |
| 6 | | due
under this Act.
The Director may make available to any |
| 7 | | State agency, including the Illinois
Supreme
Court, |
| 8 | | information regarding whether a bidder, contractor, or an |
| 9 | | affiliate of a
bidder or
contractor has failed to file returns |
| 10 | | under this Act or pay the tax, penalty,
and interest
shown |
| 11 | | therein, or has failed to pay any final assessment of tax, |
| 12 | | penalty, or
interest due
under this Act, for the limited |
| 13 | | purpose of enforcing bidder and contractor
certifications.
For |
| 14 | | purposes of this Section, the term "affiliate" means any |
| 15 | | entity that (1)
directly,
indirectly, or constructively |
| 16 | | controls another entity, (2) is directly,
indirectly, or
|
| 17 | | constructively controlled by another entity, or (3) is subject |
| 18 | | to the control
of
a common
entity. For purposes of this |
| 19 | | subsection (a), an entity controls another entity
if
it owns,
|
| 20 | | directly or individually, more than 10% of the voting |
| 21 | | securities of that
entity.
As used in
this subsection (a), the |
| 22 | | term "voting security" means a security that (1)
confers upon |
| 23 | | the
holder the right to vote for the election of members of the |
| 24 | | board of directors
or similar
governing body of the business |
| 25 | | or (2) is convertible into, or entitles the
holder to receive
|
| 26 | | upon its exercise, a security that confers such a right to |
|
| | HB5501 | - 516 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | vote. A general
partnership
interest is a voting security.
|
| 2 | | The Director may make available to any State agency, |
| 3 | | including the
Illinois
Supreme Court, units of local |
| 4 | | government, and school districts, information
regarding
|
| 5 | | whether a bidder or contractor is an affiliate of a person who |
| 6 | | is not
collecting
and
remitting Illinois Use taxes, for the |
| 7 | | limited purpose of enforcing bidder and
contractor
|
| 8 | | certifications.
|
| 9 | | The Director may also make available to the Secretary of |
| 10 | | State
information that a corporation which has been issued a |
| 11 | | certificate of
incorporation by the Secretary of State has |
| 12 | | failed to file returns under
this Act or pay the tax, penalty |
| 13 | | and interest shown therein, or has failed
to pay any final |
| 14 | | assessment of tax, penalty or interest due under this Act.
An |
| 15 | | assessment is final when all proceedings in court for
review |
| 16 | | of such assessment have terminated or the time for the taking
|
| 17 | | thereof has expired without such proceedings being instituted. |
| 18 | | For
taxable years ending on or after December 31, 1987, the |
| 19 | | Director may make
available to the Director or principal |
| 20 | | officer of any Department of the
State of Illinois, |
| 21 | | information that a person employed by such Department
has |
| 22 | | failed to file returns under this Act or pay the tax, penalty |
| 23 | | and
interest shown therein. For purposes of this paragraph, |
| 24 | | the word
"Department" shall have the same meaning as provided |
| 25 | | in Section 3 of the
State Employees Group Insurance Act of |
| 26 | | 1971.
|
|
| | HB5501 | - 517 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (d) The Director shall make available for public
|
| 2 | | inspection in the Department's principal office and for |
| 3 | | publication, at cost,
administrative decisions issued on or |
| 4 | | after January
1, 1995. These decisions are to be made |
| 5 | | available in a manner so that the
following
taxpayer |
| 6 | | information is not disclosed:
|
| 7 | | (1) The names, addresses, and identification numbers |
| 8 | | of the taxpayer,
related entities, and employees.
|
| 9 | | (2) At the sole discretion of the Director, trade |
| 10 | | secrets
or other confidential information identified as |
| 11 | | such by the taxpayer, no later
than 30 days after receipt |
| 12 | | of an administrative decision, by such means as the
|
| 13 | | Department shall provide by rule.
|
| 14 | | The Director shall determine the
appropriate extent of the
|
| 15 | | deletions allowed in paragraph (2). In the event the taxpayer |
| 16 | | does not submit
deletions,
the Director shall make only the |
| 17 | | deletions specified in paragraph (1).
|
| 18 | | The Director shall make available for public inspection |
| 19 | | and publication an
administrative decision within 180 days |
| 20 | | after the issuance of the
administrative
decision. The term |
| 21 | | "administrative decision" has the same meaning as defined in
|
| 22 | | Section 3-101 of Article III of the Code of Civil Procedure. |
| 23 | | Costs collected
under this Section shall be paid into the Tax |
| 24 | | Compliance and Administration
Fund.
|
| 25 | | (e) Nothing contained in this Act shall prevent the |
| 26 | | Director from
divulging
information to any person pursuant to |
|
| | HB5501 | - 519 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | undertaken a
qualifying project within the time frame |
| 2 | | specified by the Department of
Commerce and Economic |
| 3 | | Opportunity under that Act, and (ii) applies against its
State |
| 4 | | income tax liability, during the entire 15-year
period, no |
| 5 | | more than 60% of the maximum
credit per year that would |
| 6 | | otherwise be available under this Act.
|
| 7 | | (c) Nothing in this Section shall prevent the Department, |
| 8 | | in consultation with the Department of Revenue, from adopting |
| 9 | | rules to extend the sunset of any earned, existing, and unused |
| 10 | | tax credit or credits a taxpayer may be in possession of, as |
| 11 | | provided for in Section 605-1070 605-1055 of the Department of |
| 12 | | Commerce and Economic Opportunity Law of the Civil |
| 13 | | Administrative Code of Illinois, notwithstanding the |
| 14 | | carry-forward provisions pursuant to paragraph (4) of Section |
| 15 | | 211 of the Illinois Income Tax Act. |
| 16 | | (Source: P.A. 102-16, eff. 6-17-21; revised 12-6-21.)
|
| 17 | | Section 255. The Retailers' Occupation Tax Act is amended |
| 18 | | by changing Sections 1, 2-5, and 3 as follows:
|
| 19 | | (35 ILCS 120/1) (from Ch. 120, par. 440)
|
| 20 | | Sec. 1. Definitions. "Sale at retail" means any transfer |
| 21 | | of the
ownership of or title to
tangible personal property to a |
| 22 | | purchaser, for the purpose of use or
consumption, and not for |
| 23 | | the purpose of resale in any form as tangible
personal |
| 24 | | property to the extent not first subjected to a use for which |
|
| | HB5501 | - 520 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | it
was purchased, for a valuable consideration: Provided that |
| 2 | | the property
purchased is deemed to be purchased for the |
| 3 | | purpose of resale, despite
first being used, to the extent to |
| 4 | | which it is resold as an ingredient of
an intentionally |
| 5 | | produced product or byproduct of manufacturing. For this
|
| 6 | | purpose, slag produced as an incident to manufacturing pig |
| 7 | | iron or steel
and sold is considered to be an intentionally |
| 8 | | produced byproduct of
manufacturing. Transactions whereby the |
| 9 | | possession of the property is
transferred but the seller |
| 10 | | retains the title as security for payment of the
selling price |
| 11 | | shall be deemed to be sales.
|
| 12 | | "Sale at retail" shall be construed to include any |
| 13 | | transfer of the
ownership of or title to tangible personal |
| 14 | | property to a purchaser, for use
or consumption by any other |
| 15 | | person to whom such purchaser may transfer the
tangible |
| 16 | | personal property without a valuable consideration, and to |
| 17 | | include
any transfer, whether made for or without a valuable |
| 18 | | consideration, for
resale in any form as tangible personal |
| 19 | | property unless made in compliance
with Section 2c of this |
| 20 | | Act.
|
| 21 | | Sales of tangible personal property, which property, to |
| 22 | | the extent not
first subjected to a use for which it was |
| 23 | | purchased, as an ingredient or
constituent, goes into and |
| 24 | | forms a part of tangible personal property
subsequently the |
| 25 | | subject of a "Sale at retail", are not sales at retail as
|
| 26 | | defined in this Act: Provided that the property purchased is |
|
| | HB5501 | - 521 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | deemed to be
purchased for the purpose of resale, despite |
| 2 | | first being used, to the
extent to which it is resold as an |
| 3 | | ingredient of an intentionally produced
product or byproduct |
| 4 | | of manufacturing.
|
| 5 | | "Sale at retail" shall be construed to include any |
| 6 | | Illinois florist's
sales transaction in which the purchase |
| 7 | | order is received in Illinois by a
florist and the sale is for |
| 8 | | use or consumption, but the Illinois florist
has a florist in |
| 9 | | another state deliver the property to the purchaser or the
|
| 10 | | purchaser's donee in such other state.
|
| 11 | | Nonreusable tangible personal property that is used by |
| 12 | | persons engaged in
the business of operating a restaurant, |
| 13 | | cafeteria, or drive-in is a sale for
resale when it is |
| 14 | | transferred to customers in the ordinary course of business
as |
| 15 | | part of the sale of food or beverages and is used to deliver, |
| 16 | | package, or
consume food or beverages, regardless of where |
| 17 | | consumption of the food or
beverages occurs. Examples of those |
| 18 | | items include, but are not limited to
nonreusable, paper and |
| 19 | | plastic cups, plates, baskets, boxes, sleeves, buckets
or |
| 20 | | other containers, utensils, straws, placemats, napkins, doggie |
| 21 | | bags, and
wrapping or packaging
materials that are transferred |
| 22 | | to customers as part of the sale of food or
beverages in the |
| 23 | | ordinary course of business.
|
| 24 | | The purchase, employment and transfer of such tangible |
| 25 | | personal property
as newsprint and ink for the primary purpose |
| 26 | | of conveying news (with or
without other information) is not a |
|
| | HB5501 | - 522 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | purchase, use or sale of tangible
personal property.
|
| 2 | | A person whose activities are organized and conducted |
| 3 | | primarily as a
not-for-profit service enterprise, and who |
| 4 | | engages in selling tangible
personal property at retail |
| 5 | | (whether to the public or merely to members and
their guests) |
| 6 | | is engaged in the business of selling tangible personal
|
| 7 | | property at retail with respect to such transactions, |
| 8 | | excepting only a
person organized and operated exclusively for |
| 9 | | charitable, religious or
educational purposes either (1), to |
| 10 | | the extent of sales by such person to
its members, students, |
| 11 | | patients or inmates of tangible personal property to
be used |
| 12 | | primarily for the purposes of such person, or (2), to the |
| 13 | | extent of
sales by such person of tangible personal property |
| 14 | | which is not sold or
offered for sale by persons organized for |
| 15 | | profit. The selling of school
books and school supplies by |
| 16 | | schools at retail to students is not
"primarily for the |
| 17 | | purposes of" the school which does such selling. The
|
| 18 | | provisions of this paragraph shall not apply to nor subject to |
| 19 | | taxation
occasional dinners, socials or similar activities of |
| 20 | | a person organized and
operated exclusively for charitable, |
| 21 | | religious or educational purposes,
whether or not such |
| 22 | | activities are open to the public.
|
| 23 | | A person who is the recipient of a grant or contract under |
| 24 | | Title VII of
the Older Americans Act of 1965 (P.L. 92-258) and |
| 25 | | serves meals to
participants in the federal Nutrition Program |
| 26 | | for the Elderly in return for
contributions established in |
|
| | HB5501 | - 523 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | amount by the individual participant pursuant
to a schedule of |
| 2 | | suggested fees as provided for in the federal Act is not
|
| 3 | | engaged in the business of selling tangible personal property |
| 4 | | at retail
with respect to such transactions.
|
| 5 | | "Purchaser" means anyone who, through a sale at retail, |
| 6 | | acquires the
ownership of or title to tangible personal |
| 7 | | property for a valuable
consideration.
|
| 8 | | "Reseller of motor fuel" means any person engaged in the |
| 9 | | business of selling
or delivering or transferring title of |
| 10 | | motor fuel to another person
other than for use or |
| 11 | | consumption.
No person shall act as a reseller of motor fuel |
| 12 | | within this State without
first being registered as a reseller |
| 13 | | pursuant to Section 2c or a retailer
pursuant to Section 2a.
|
| 14 | | "Selling price" or the "amount of sale" means the |
| 15 | | consideration for a
sale valued in money whether received in |
| 16 | | money or otherwise, including
cash, credits, property, other |
| 17 | | than as hereinafter provided, and services,
but, prior to |
| 18 | | January 1, 2020 and beginning again on January 1, 2022, not |
| 19 | | including the value of or credit given for traded-in tangible
|
| 20 | | personal property where the item that is traded-in is of like |
| 21 | | kind and
character as that which is being sold; beginning |
| 22 | | January 1, 2020 and until January 1, 2022, "selling price" |
| 23 | | includes the portion of the value of or credit given for |
| 24 | | traded-in motor vehicles of the First Division as defined in |
| 25 | | Section 1-146 of the Illinois Vehicle Code of like kind and |
| 26 | | character as that which is being sold that exceeds $10,000. |
|
| | HB5501 | - 524 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Selling price" shall be determined without any
deduction on |
| 2 | | account of the cost of the property sold, the cost of
materials |
| 3 | | used, labor or service cost or any other expense whatsoever, |
| 4 | | but
does not include charges that are added to prices by |
| 5 | | sellers on account of
the seller's tax liability under this |
| 6 | | Act, or on account of the seller's
duty to collect, from the |
| 7 | | purchaser, the tax that is imposed by the Use Tax
Act, or, |
| 8 | | except as otherwise provided with respect to any cigarette tax |
| 9 | | imposed by a home rule unit, on account of the seller's tax |
| 10 | | liability under any local occupation tax administered by the |
| 11 | | Department, or, except as otherwise provided with respect to |
| 12 | | any cigarette tax imposed by a home rule unit on account of the |
| 13 | | seller's duty to collect, from the purchasers, the tax that is |
| 14 | | imposed under any local use tax administered by the |
| 15 | | Department.
Effective December 1, 1985, "selling price" shall |
| 16 | | include charges that
are added to prices by sellers on account |
| 17 | | of the seller's
tax liability under the Cigarette Tax Act, on |
| 18 | | account of the sellers'
duty to collect, from the purchaser, |
| 19 | | the tax imposed under the Cigarette
Use Tax Act, and on account |
| 20 | | of the seller's duty to collect, from the
purchaser, any |
| 21 | | cigarette tax imposed by a home rule unit.
|
| 22 | | Notwithstanding any law to the contrary, for any motor |
| 23 | | vehicle, as defined in Section 1-146 of the Vehicle Code, that |
| 24 | | is sold on or after January 1, 2015 for the purpose of leasing |
| 25 | | the vehicle for a defined period that is longer than one year |
| 26 | | and (1) is a motor vehicle of the second division that: (A) is |
|
| | HB5501 | - 525 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a self-contained motor vehicle designed or permanently |
| 2 | | converted to provide living quarters for recreational, |
| 3 | | camping, or travel use, with direct walk through access to the |
| 4 | | living quarters from the driver's seat; (B) is of the van |
| 5 | | configuration designed for the transportation of not less than |
| 6 | | 7 nor more than 16 passengers; or (C) has a gross vehicle |
| 7 | | weight rating of 8,000 pounds or less or (2) is a motor vehicle |
| 8 | | of the first division, "selling price" or "amount of sale" |
| 9 | | means the consideration received by the lessor pursuant to the |
| 10 | | lease contract, including amounts due at lease signing and all |
| 11 | | monthly or other regular payments charged over the term of the |
| 12 | | lease. Also included in the selling price is any amount |
| 13 | | received by the lessor from the lessee for the leased vehicle |
| 14 | | that is not calculated at the time the lease is executed, |
| 15 | | including, but not limited to, excess mileage charges and |
| 16 | | charges for excess wear and tear. For sales that occur in |
| 17 | | Illinois, with respect to any amount received by the lessor |
| 18 | | from the lessee for the leased vehicle that is not calculated |
| 19 | | at the time the lease is executed, the lessor who purchased the |
| 20 | | motor vehicle does not incur the tax imposed by the Use Tax Act |
| 21 | | on those amounts, and the retailer who makes the retail sale of |
| 22 | | the motor vehicle to the lessor is not required to collect the |
| 23 | | tax imposed by the Use Tax Act or to pay the tax imposed by |
| 24 | | this Act on those amounts. However, the lessor who purchased |
| 25 | | the motor vehicle assumes the liability for reporting and |
| 26 | | paying the tax on those amounts directly to the Department in |
|
| | HB5501 | - 526 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the same form (Illinois Retailers' Occupation Tax, and local |
| 2 | | retailers' occupation taxes, if applicable) in which the |
| 3 | | retailer would have reported and paid such tax if the retailer |
| 4 | | had accounted for the tax to the Department. For amounts |
| 5 | | received by the lessor from the lessee that are not calculated |
| 6 | | at the time the lease is executed, the lessor must file the |
| 7 | | return and pay the tax to the Department by the due date |
| 8 | | otherwise required by this Act for returns other than |
| 9 | | transaction returns. If the retailer is entitled under this |
| 10 | | Act to a discount for collecting and remitting the tax imposed |
| 11 | | under this Act to the Department with respect to the sale of |
| 12 | | the motor vehicle to the lessor, then the right to the discount |
| 13 | | provided in this Act shall be transferred to the lessor with |
| 14 | | respect to the tax paid by the lessor for any amount received |
| 15 | | by the lessor from the lessee for the leased vehicle that is |
| 16 | | not calculated at the time the lease is executed; provided |
| 17 | | that the discount is only allowed if the return is timely filed |
| 18 | | and for amounts timely paid. The "selling price" of a motor |
| 19 | | vehicle that is sold on or after January 1, 2015 for the |
| 20 | | purpose of leasing for a defined period of longer than one year |
| 21 | | shall not be reduced by the value of or credit given for |
| 22 | | traded-in tangible personal property owned by the lessor, nor |
| 23 | | shall it be reduced by the value of or credit given for |
| 24 | | traded-in tangible personal property owned by the lessee, |
| 25 | | regardless of whether the trade-in value thereof is assigned |
| 26 | | by the lessee to the lessor. In the case of a motor vehicle |
|
| | HB5501 | - 527 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | that is sold for the purpose of leasing for a defined period of |
| 2 | | longer than one year, the sale occurs at the time of the |
| 3 | | delivery of the vehicle, regardless of the due date of any |
| 4 | | lease payments. A lessor who incurs a Retailers' Occupation |
| 5 | | Tax liability on the sale of a motor vehicle coming off lease |
| 6 | | may not take a credit against that liability for the Use Tax |
| 7 | | the lessor paid upon the purchase of the motor vehicle (or for |
| 8 | | any tax the lessor paid with respect to any amount received by |
| 9 | | the lessor from the lessee for the leased vehicle that was not |
| 10 | | calculated at the time the lease was executed) if the selling |
| 11 | | price of the motor vehicle at the time of purchase was |
| 12 | | calculated using the definition of "selling price" as defined |
| 13 | | in this paragraph.
Notwithstanding any other provision of this |
| 14 | | Act to the contrary, lessors shall file all returns and make |
| 15 | | all payments required under this paragraph to the Department |
| 16 | | by electronic means in the manner and form as required by the |
| 17 | | Department. This paragraph does not apply to leases of motor |
| 18 | | vehicles for which, at the time the lease is entered into, the |
| 19 | | term of the lease is not a defined period, including leases |
| 20 | | with a defined initial period with the option to continue the |
| 21 | | lease on a month-to-month or other basis beyond the initial |
| 22 | | defined period. |
| 23 | | The phrase "like kind and character" shall be liberally |
| 24 | | construed
(including but not limited to any form of motor |
| 25 | | vehicle for any form of
motor vehicle, or any kind of farm or |
| 26 | | agricultural implement for any other
kind of farm or |
|
| | HB5501 | - 528 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | agricultural implement), while not including a kind of item
|
| 2 | | which, if sold at retail by that retailer, would be exempt from |
| 3 | | retailers'
occupation tax and use tax as an isolated or |
| 4 | | occasional sale.
|
| 5 | | "Gross receipts" from the sales of tangible personal |
| 6 | | property at retail
means the total selling price or the amount |
| 7 | | of such sales, as hereinbefore
defined. In the case of charge |
| 8 | | and time sales, the amount thereof shall be
included only as |
| 9 | | and when payments are received by the seller.
Receipts or |
| 10 | | other consideration derived by a seller from
the sale, |
| 11 | | transfer or assignment of accounts receivable to a wholly |
| 12 | | owned
subsidiary will not be deemed payments prior to the time |
| 13 | | the purchaser
makes payment on such accounts.
|
| 14 | | "Department" means the Department of Revenue.
|
| 15 | | "Person" means any natural individual, firm, partnership, |
| 16 | | association,
joint stock company, joint adventure, public or |
| 17 | | private corporation, limited
liability company, or a receiver, |
| 18 | | executor, trustee, guardian or other
representative appointed |
| 19 | | by order of any court.
|
| 20 | | The isolated or occasional sale of tangible personal |
| 21 | | property at retail
by a person who does not hold himself out as |
| 22 | | being engaged (or who does not
habitually engage) in selling |
| 23 | | such tangible personal property at retail, or
a sale through a |
| 24 | | bulk vending machine, does not constitute engaging in a
|
| 25 | | business of selling such tangible personal property at retail |
| 26 | | within the
meaning of this Act; provided that any person who is |
|
| | HB5501 | - 529 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | engaged in a business
which is not subject to the tax imposed |
| 2 | | by this Act because of involving
the sale of or a contract to |
| 3 | | sell real estate or a construction contract to
improve real |
| 4 | | estate or a construction contract to engineer, install, and
|
| 5 | | maintain an integrated system of products, but who, in the |
| 6 | | course of
conducting such business,
transfers tangible |
| 7 | | personal property to users or consumers in the finished
form |
| 8 | | in which it was purchased, and which does not become real |
| 9 | | estate or was
not engineered and installed, under any |
| 10 | | provision of a construction contract or
real estate sale or |
| 11 | | real estate sales agreement entered into with some other
|
| 12 | | person arising out of or because of such nontaxable business, |
| 13 | | is engaged in the
business of selling tangible personal |
| 14 | | property at retail to the extent of the
value of the tangible |
| 15 | | personal property so transferred. If, in such a
transaction, a |
| 16 | | separate charge is made for the tangible personal property so
|
| 17 | | transferred, the value of such property, for the purpose of |
| 18 | | this Act, shall be
the amount so separately charged, but not |
| 19 | | less than the cost of such property
to the transferor; if no |
| 20 | | separate charge is made, the value of such property,
for the |
| 21 | | purposes of this Act, is the cost to the transferor of such |
| 22 | | tangible
personal property. Construction contracts for the |
| 23 | | improvement of real estate
consisting of engineering, |
| 24 | | installation, and maintenance of voice, data, video,
security, |
| 25 | | and all telecommunication systems do not constitute engaging |
| 26 | | in a
business of selling tangible personal property at retail |
|
| | HB5501 | - 530 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | within the meaning of
this Act if they are sold at one |
| 2 | | specified contract price.
|
| 3 | | A person who holds himself or herself out as being engaged |
| 4 | | (or who habitually
engages) in selling tangible personal |
| 5 | | property at retail is a person
engaged in the business of |
| 6 | | selling tangible personal property at retail
hereunder with |
| 7 | | respect to such sales (and not primarily in a service
|
| 8 | | occupation) notwithstanding the fact that such person designs |
| 9 | | and produces
such tangible personal property on special order |
| 10 | | for the purchaser and in
such a way as to render the property |
| 11 | | of value only to such purchaser, if
such tangible personal |
| 12 | | property so produced on special order serves
substantially the |
| 13 | | same function as stock or standard items of tangible
personal |
| 14 | | property that are sold at retail.
|
| 15 | | Persons who engage in the business of transferring |
| 16 | | tangible personal
property upon the redemption of trading |
| 17 | | stamps are engaged in the business
of selling such property at |
| 18 | | retail and shall be liable for and shall pay
the tax imposed by |
| 19 | | this Act on the basis of the retail value of the
property |
| 20 | | transferred upon redemption of such stamps.
|
| 21 | | "Bulk vending machine" means a vending machine,
containing |
| 22 | | unsorted confections, nuts, toys, or other items designed
|
| 23 | | primarily to be used or played with by children
which, when a |
| 24 | | coin or coins of a denomination not larger than $0.50 are
|
| 25 | | inserted, are dispensed in equal portions, at random and
|
| 26 | | without selection by the customer.
|
|
| | HB5501 | - 531 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Remote retailer" means a retailer that does not maintain |
| 2 | | within this State, directly or by a subsidiary, an office, |
| 3 | | distribution house, sales house, warehouse or other place of |
| 4 | | business, or any agent or other representative operating |
| 5 | | within this State under the authority of the retailer or its |
| 6 | | subsidiary, irrespective of whether such place of business or |
| 7 | | agent is located here permanently or temporarily or whether |
| 8 | | such retailer or subsidiary is licensed to do business in this |
| 9 | | State. |
| 10 | | "Marketplace" means a physical or electronic place, forum, |
| 11 | | platform, application, or other method by which a marketplace |
| 12 | | seller sells or offers to sell items. |
| 13 | | "Marketplace facilitator" means a person who, pursuant to |
| 14 | | an agreement with an unrelated third-party marketplace seller, |
| 15 | | directly or indirectly through one or more affiliates |
| 16 | | facilitates a retail sale by an unrelated third party |
| 17 | | marketplace seller by: |
| 18 | | (1) listing or advertising for sale by the marketplace |
| 19 | | seller in a marketplace, tangible personal property that |
| 20 | | is subject to tax under this Act; and |
| 21 | | (2) either directly or indirectly, through agreements |
| 22 | | or arrangements with third parties, collecting payment |
| 23 | | from the customer and transmitting that payment to the |
| 24 | | marketplace seller regardless of whether the marketplace |
| 25 | | facilitator receives compensation or other consideration |
| 26 | | in exchange for its services. |
|
| | HB5501 | - 532 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | A person who provides advertising services, including |
| 2 | | listing products for sale, is not considered a marketplace |
| 3 | | facilitator, so long as the advertising service platform or |
| 4 | | forum does not engage, directly or indirectly through one or |
| 5 | | more affiliated persons, in the activities described in |
| 6 | | paragraph (2) of this definition of "marketplace facilitator". |
| 7 | | "Marketplace facilitator" does not include any person |
| 8 | | licensed under the Auction License Act. This exemption does |
| 9 | | not apply to any person who is an Internet auction listing |
| 10 | | service, as defined by the Auction License Act. |
| 11 | | "Marketplace seller" means a person that makes sales |
| 12 | | through a marketplace operated by an unrelated third party |
| 13 | | marketplace facilitator. |
| 14 | | (Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 1-1-20; |
| 15 | | 102-353, eff. 1-1-22; 102-634, eff. 8-27-21; revised 11-1-21.)
|
| 16 | | (35 ILCS 120/2-5)
|
| 17 | | Sec. 2-5. Exemptions. Gross receipts from proceeds from |
| 18 | | the sale of
the following tangible personal property are |
| 19 | | exempt from the tax imposed
by this Act:
|
| 20 | | (1) Farm chemicals.
|
| 21 | | (2) Farm machinery and equipment, both new and used, |
| 22 | | including that
manufactured on special order, certified by |
| 23 | | the purchaser to be used
primarily for production |
| 24 | | agriculture or State or federal agricultural
programs, |
| 25 | | including individual replacement parts for the machinery |
|
| | HB5501 | - 533 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and
equipment, including machinery and equipment purchased |
| 2 | | for lease,
and including implements of husbandry defined |
| 3 | | in Section 1-130 of
the Illinois Vehicle Code, farm |
| 4 | | machinery and agricultural chemical and
fertilizer |
| 5 | | spreaders, and nurse wagons required to be registered
|
| 6 | | under Section 3-809 of the Illinois Vehicle Code,
but
|
| 7 | | excluding other motor vehicles required to be registered |
| 8 | | under the Illinois
Vehicle Code.
Horticultural polyhouses |
| 9 | | or hoop houses used for propagating, growing, or
|
| 10 | | overwintering plants shall be considered farm machinery |
| 11 | | and equipment under
this item (2).
Agricultural chemical |
| 12 | | tender tanks and dry boxes shall include units sold
|
| 13 | | separately from a motor vehicle required to be licensed |
| 14 | | and units sold mounted
on a motor vehicle required to be |
| 15 | | licensed, if the selling price of the tender
is separately |
| 16 | | stated.
|
| 17 | | Farm machinery and equipment shall include precision |
| 18 | | farming equipment
that is
installed or purchased to be |
| 19 | | installed on farm machinery and equipment
including, but |
| 20 | | not limited to, tractors, harvesters, sprayers, planters,
|
| 21 | | seeders, or spreaders.
Precision farming equipment |
| 22 | | includes, but is not limited to,
soil testing sensors, |
| 23 | | computers, monitors, software, global positioning
and |
| 24 | | mapping systems, and other such equipment.
|
| 25 | | Farm machinery and equipment also includes computers, |
| 26 | | sensors, software, and
related equipment used primarily in |
|
| | HB5501 | - 534 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the
computer-assisted operation of production agriculture |
| 2 | | facilities, equipment,
and activities such as, but
not |
| 3 | | limited to,
the collection, monitoring, and correlation of
|
| 4 | | animal and crop data for the purpose of
formulating animal |
| 5 | | diets and agricultural chemicals. This item (2) is exempt
|
| 6 | | from the provisions of
Section 2-70.
|
| 7 | | (3) Until July 1, 2003, distillation machinery and |
| 8 | | equipment, sold as a
unit or kit,
assembled or installed |
| 9 | | by the retailer, certified by the user to be used
only for |
| 10 | | the production of ethyl alcohol that will be used for |
| 11 | | consumption
as motor fuel or as a component of motor fuel |
| 12 | | for the personal use of the
user, and not subject to sale |
| 13 | | or resale.
|
| 14 | | (4) Until July 1, 2003 and beginning again September |
| 15 | | 1, 2004 through August 30, 2014, graphic arts machinery |
| 16 | | and equipment, including
repair and
replacement parts, |
| 17 | | both new and used, and including that manufactured on
|
| 18 | | special order or purchased for lease, certified by the |
| 19 | | purchaser to be used
primarily for graphic arts |
| 20 | | production.
Equipment includes chemicals or
chemicals |
| 21 | | acting as catalysts but only if
the chemicals or chemicals |
| 22 | | acting as catalysts effect a direct and immediate
change |
| 23 | | upon a
graphic arts product. Beginning on July 1, 2017, |
| 24 | | graphic arts machinery and equipment is included in the |
| 25 | | manufacturing and assembling machinery and equipment |
| 26 | | exemption under paragraph (14).
|
|
| | HB5501 | - 535 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (5) A motor vehicle that is used for automobile |
| 2 | | renting, as defined in the Automobile Renting Occupation |
| 3 | | and Use Tax Act. This paragraph is exempt from
the |
| 4 | | provisions of Section 2-70.
|
| 5 | | (6) Personal property sold by a teacher-sponsored |
| 6 | | student organization
affiliated with an elementary or |
| 7 | | secondary school located in Illinois.
|
| 8 | | (7) Until July 1, 2003, proceeds of that portion of |
| 9 | | the selling price of
a passenger car the
sale of which is |
| 10 | | subject to the Replacement Vehicle Tax.
|
| 11 | | (8) Personal property sold to an Illinois county fair |
| 12 | | association for
use in conducting, operating, or promoting |
| 13 | | the county fair.
|
| 14 | | (9) Personal property sold to a not-for-profit arts
or |
| 15 | | cultural organization that establishes, by proof required |
| 16 | | by the Department
by
rule, that it has received an |
| 17 | | exemption under Section 501(c)(3) of the
Internal Revenue |
| 18 | | Code and that is organized and operated primarily for the
|
| 19 | | presentation
or support of arts or cultural programming, |
| 20 | | activities, or services. These
organizations include, but |
| 21 | | are not limited to, music and dramatic arts
organizations |
| 22 | | such as symphony orchestras and theatrical groups, arts |
| 23 | | and
cultural service organizations, local arts councils, |
| 24 | | visual arts organizations,
and media arts organizations.
|
| 25 | | On and after July 1, 2001 (the effective date of Public Act |
| 26 | | 92-35), however, an entity otherwise eligible for this |
|
| | HB5501 | - 536 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | exemption shall not
make tax-free purchases unless it has |
| 2 | | an active identification number issued by
the Department.
|
| 3 | | (10) Personal property sold by a corporation, society, |
| 4 | | association,
foundation, institution, or organization, |
| 5 | | other than a limited liability
company, that is organized |
| 6 | | and operated as a not-for-profit service enterprise
for |
| 7 | | the benefit of persons 65 years of age or older if the |
| 8 | | personal property
was not purchased by the enterprise for |
| 9 | | the purpose of resale by the
enterprise.
|
| 10 | | (11) Personal property sold to a governmental body, to |
| 11 | | a corporation,
society, association, foundation, or |
| 12 | | institution organized and operated
exclusively for |
| 13 | | charitable, religious, or educational purposes, or to a
|
| 14 | | not-for-profit corporation, society, association, |
| 15 | | foundation, institution,
or organization that has no |
| 16 | | compensated officers or employees and that is
organized |
| 17 | | and operated primarily for the recreation of persons 55 |
| 18 | | years of
age or older. A limited liability company may |
| 19 | | qualify for the exemption under
this paragraph only if the |
| 20 | | limited liability company is organized and operated
|
| 21 | | exclusively for educational purposes. On and after July 1, |
| 22 | | 1987, however, no
entity otherwise eligible for this |
| 23 | | exemption shall make tax-free purchases
unless it has an |
| 24 | | active identification number issued by the Department.
|
| 25 | | (12) (Blank).
|
| 26 | | (12-5) On and after July 1, 2003 and through June 30, |
|
| | HB5501 | - 537 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 2004, motor vehicles of the second division
with a gross |
| 2 | | vehicle weight in excess of 8,000 pounds
that
are
subject |
| 3 | | to the commercial distribution fee imposed under Section |
| 4 | | 3-815.1 of
the Illinois
Vehicle Code. Beginning on July 1, |
| 5 | | 2004 and through June 30, 2005, the use in this State of |
| 6 | | motor vehicles of the second division: (i) with a gross |
| 7 | | vehicle weight rating in excess of 8,000 pounds; (ii) that |
| 8 | | are subject to the commercial distribution fee imposed |
| 9 | | under Section 3-815.1 of the Illinois Vehicle Code; and |
| 10 | | (iii) that are primarily used for commercial purposes. |
| 11 | | Through June 30, 2005, this
exemption applies to repair |
| 12 | | and replacement parts added
after the
initial purchase of |
| 13 | | such a motor vehicle if that motor vehicle is used in a
|
| 14 | | manner that
would qualify for the rolling stock exemption |
| 15 | | otherwise provided for in this
Act. For purposes of this |
| 16 | | paragraph, "used for commercial purposes" means the |
| 17 | | transportation of persons or property in furtherance of |
| 18 | | any commercial or industrial enterprise whether for-hire |
| 19 | | or not.
|
| 20 | | (13) Proceeds from sales to owners, lessors, or
|
| 21 | | shippers of
tangible personal property that is utilized by |
| 22 | | interstate carriers for
hire for use as rolling stock |
| 23 | | moving in interstate commerce
and equipment operated by a |
| 24 | | telecommunications provider, licensed as a
common carrier |
| 25 | | by the Federal Communications Commission, which is
|
| 26 | | permanently installed in or affixed to aircraft moving in |
|
| | HB5501 | - 538 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | interstate commerce.
|
| 2 | | (14) Machinery and equipment that will be used by the |
| 3 | | purchaser, or a
lessee of the purchaser, primarily in the |
| 4 | | process of manufacturing or
assembling tangible personal |
| 5 | | property for wholesale or retail sale or
lease, whether |
| 6 | | the sale or lease is made directly by the manufacturer or |
| 7 | | by
some other person, whether the materials used in the |
| 8 | | process are owned by
the manufacturer or some other |
| 9 | | person, or whether the sale or lease is made
apart from or |
| 10 | | as an incident to the seller's engaging in the service
|
| 11 | | occupation of producing machines, tools, dies, jigs, |
| 12 | | patterns, gauges, or
other similar items of no commercial |
| 13 | | value on special order for a particular
purchaser. The |
| 14 | | exemption provided by this paragraph (14) does not include |
| 15 | | machinery and equipment used in (i) the generation of |
| 16 | | electricity for wholesale or retail sale; (ii) the |
| 17 | | generation or treatment of natural or artificial gas for |
| 18 | | wholesale or retail sale that is delivered to customers |
| 19 | | through pipes, pipelines, or mains; or (iii) the treatment |
| 20 | | of water for wholesale or retail sale that is delivered to |
| 21 | | customers through pipes, pipelines, or mains. The |
| 22 | | provisions of Public Act 98-583 are declaratory of |
| 23 | | existing law as to the meaning and scope of this |
| 24 | | exemption. Beginning on July 1, 2017, the exemption |
| 25 | | provided by this paragraph (14) includes, but is not |
| 26 | | limited to, graphic arts machinery and equipment, as |
|
| | HB5501 | - 539 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | defined in paragraph (4) of this Section.
|
| 2 | | (15) Proceeds of mandatory service charges separately |
| 3 | | stated on
customers' bills for purchase and consumption of |
| 4 | | food and beverages, to the
extent that the proceeds of the |
| 5 | | service charge are in fact turned over as
tips or as a |
| 6 | | substitute for tips to the employees who participate |
| 7 | | directly
in preparing, serving, hosting or cleaning up the |
| 8 | | food or beverage function
with respect to which the |
| 9 | | service charge is imposed.
|
| 10 | | (16) Tangible personal property sold to a purchaser if |
| 11 | | the purchaser is exempt from use tax by operation of |
| 12 | | federal law. This paragraph is exempt from the provisions |
| 13 | | of Section 2-70.
|
| 14 | | (17) Tangible personal property sold to a common |
| 15 | | carrier by rail or
motor that
receives the physical |
| 16 | | possession of the property in Illinois and that
transports |
| 17 | | the property, or shares with another common carrier in the
|
| 18 | | transportation of the property, out of Illinois on a |
| 19 | | standard uniform bill
of lading showing the seller of the |
| 20 | | property as the shipper or consignor of
the property to a |
| 21 | | destination outside Illinois, for use outside Illinois.
|
| 22 | | (18) Legal tender, currency, medallions, or gold or |
| 23 | | silver coinage
issued by the State of Illinois, the |
| 24 | | government of the United States of
America, or the |
| 25 | | government of any foreign country, and bullion.
|
| 26 | | (19) Until July 1, 2003, oil field exploration, |
|
| | HB5501 | - 540 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | drilling, and production
equipment, including
(i) rigs and |
| 2 | | parts of rigs, rotary rigs, cable tool
rigs, and workover |
| 3 | | rigs, (ii) pipe and tubular goods, including casing and
|
| 4 | | drill strings, (iii) pumps and pump-jack units, (iv) |
| 5 | | storage tanks and flow
lines, (v) any individual |
| 6 | | replacement part for oil field exploration,
drilling, and |
| 7 | | production equipment, and (vi) machinery and equipment |
| 8 | | purchased
for lease; but
excluding motor vehicles required |
| 9 | | to be registered under the Illinois
Vehicle Code.
|
| 10 | | (20) Photoprocessing machinery and equipment, |
| 11 | | including repair and
replacement parts, both new and used, |
| 12 | | including that manufactured on
special order, certified by |
| 13 | | the purchaser to be used primarily for
photoprocessing, |
| 14 | | and including photoprocessing machinery and equipment
|
| 15 | | purchased for lease.
|
| 16 | | (21) Until July 1, 2023, coal and aggregate |
| 17 | | exploration, mining, off-highway hauling,
processing,
|
| 18 | | maintenance, and reclamation equipment, including
|
| 19 | | replacement parts and equipment, and including
equipment |
| 20 | | purchased for lease, but excluding motor vehicles required |
| 21 | | to be
registered under the Illinois Vehicle Code. The |
| 22 | | changes made to this Section by Public Act 97-767 apply on |
| 23 | | and after July 1, 2003, but no claim for credit or refund |
| 24 | | is allowed on or after August 16, 2013 (the effective date |
| 25 | | of Public Act 98-456)
for such taxes paid during the |
| 26 | | period beginning July 1, 2003 and ending on August 16, |
|
| | HB5501 | - 541 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 2013 (the effective date of Public Act 98-456).
|
| 2 | | (22) Until June 30, 2013, fuel and petroleum products |
| 3 | | sold to or used by an air carrier,
certified by the carrier |
| 4 | | to be used for consumption, shipment, or storage
in the |
| 5 | | conduct of its business as an air common carrier, for a |
| 6 | | flight
destined for or returning from a location or |
| 7 | | locations
outside the United States without regard to |
| 8 | | previous or subsequent domestic
stopovers.
|
| 9 | | Beginning July 1, 2013, fuel and petroleum products |
| 10 | | sold to or used by an air carrier, certified by the carrier |
| 11 | | to be used for consumption, shipment, or storage in the |
| 12 | | conduct of its business as an air common carrier, for a |
| 13 | | flight that (i) is engaged in foreign trade or is engaged |
| 14 | | in trade between the United States and any of its |
| 15 | | possessions and (ii) transports at least one individual or |
| 16 | | package for hire from the city of origination to the city |
| 17 | | of final destination on the same aircraft, without regard |
| 18 | | to a change in the flight number of that aircraft. |
| 19 | | (23) A transaction in which the purchase order is |
| 20 | | received by a florist
who is located outside Illinois, but |
| 21 | | who has a florist located in Illinois
deliver the property |
| 22 | | to the purchaser or the purchaser's donee in Illinois.
|
| 23 | | (24) Fuel consumed or used in the operation of ships, |
| 24 | | barges, or vessels
that are used primarily in or for the |
| 25 | | transportation of property or the
conveyance of persons |
| 26 | | for hire on rivers bordering on this State if the
fuel is |
|
| | HB5501 | - 542 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | delivered by the seller to the purchaser's barge, ship, or |
| 2 | | vessel
while it is afloat upon that bordering river.
|
| 3 | | (25) Except as provided in item (25-5) of this |
| 4 | | Section, a
motor vehicle sold in this State to a |
| 5 | | nonresident even though the
motor vehicle is delivered to |
| 6 | | the nonresident in this State, if the motor
vehicle is not |
| 7 | | to be titled in this State, and if a drive-away permit
is |
| 8 | | issued to the motor vehicle as provided in Section 3-603 |
| 9 | | of the Illinois
Vehicle Code or if the nonresident |
| 10 | | purchaser has vehicle registration
plates to transfer to |
| 11 | | the motor vehicle upon returning to his or her home
state. |
| 12 | | The issuance of the drive-away permit or having
the
|
| 13 | | out-of-state registration plates to be transferred is |
| 14 | | prima facie evidence
that the motor vehicle will not be |
| 15 | | titled in this State.
|
| 16 | | (25-5) The exemption under item (25) does not apply if |
| 17 | | the state in which the motor vehicle will be titled does |
| 18 | | not allow a reciprocal exemption for a motor vehicle sold |
| 19 | | and delivered in that state to an Illinois resident but |
| 20 | | titled in Illinois. The tax collected under this Act on |
| 21 | | the sale of a motor vehicle in this State to a resident of |
| 22 | | another state that does not allow a reciprocal exemption |
| 23 | | shall be imposed at a rate equal to the state's rate of tax |
| 24 | | on taxable property in the state in which the purchaser is |
| 25 | | a resident, except that the tax shall not exceed the tax |
| 26 | | that would otherwise be imposed under this Act. At the |
|
| | HB5501 | - 543 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | time of the sale, the purchaser shall execute a statement, |
| 2 | | signed under penalty of perjury, of his or her intent to |
| 3 | | title the vehicle in the state in which the purchaser is a |
| 4 | | resident within 30 days after the sale and of the fact of |
| 5 | | the payment to the State of Illinois of tax in an amount |
| 6 | | equivalent to the state's rate of tax on taxable property |
| 7 | | in his or her state of residence and shall submit the |
| 8 | | statement to the appropriate tax collection agency in his |
| 9 | | or her state of residence. In addition, the retailer must |
| 10 | | retain a signed copy of the statement in his or her |
| 11 | | records. Nothing in this item shall be construed to |
| 12 | | require the removal of the vehicle from this state |
| 13 | | following the filing of an intent to title the vehicle in |
| 14 | | the purchaser's state of residence if the purchaser titles |
| 15 | | the vehicle in his or her state of residence within 30 days |
| 16 | | after the date of sale. The tax collected under this Act in |
| 17 | | accordance with this item (25-5) shall be proportionately |
| 18 | | distributed as if the tax were collected at the 6.25% |
| 19 | | general rate imposed under this Act.
|
| 20 | | (25-7) Beginning on July 1, 2007, no tax is imposed |
| 21 | | under this Act on the sale of an aircraft, as defined in |
| 22 | | Section 3 of the Illinois Aeronautics Act, if all of the |
| 23 | | following conditions are met: |
| 24 | | (1) the aircraft leaves this State within 15 days |
| 25 | | after the later of either the issuance of the final |
| 26 | | billing for the sale of the aircraft, or the |
|
| | HB5501 | - 544 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authorized approval for return to service, completion |
| 2 | | of the maintenance record entry, and completion of the |
| 3 | | test flight and ground test for inspection, as |
| 4 | | required by 14 C.F.R. 91.407; |
| 5 | | (2) the aircraft is not based or registered in |
| 6 | | this State after the sale of the aircraft; and |
| 7 | | (3) the seller retains in his or her books and |
| 8 | | records and provides to the Department a signed and |
| 9 | | dated certification from the purchaser, on a form |
| 10 | | prescribed by the Department, certifying that the |
| 11 | | requirements of this item (25-7) are met. The |
| 12 | | certificate must also include the name and address of |
| 13 | | the purchaser, the address of the location where the |
| 14 | | aircraft is to be titled or registered, the address of |
| 15 | | the primary physical location of the aircraft, and |
| 16 | | other information that the Department may reasonably |
| 17 | | require. |
| 18 | | For purposes of this item (25-7): |
| 19 | | "Based in this State" means hangared, stored, or |
| 20 | | otherwise used, excluding post-sale customizations as |
| 21 | | defined in this Section, for 10 or more days in each |
| 22 | | 12-month period immediately following the date of the sale |
| 23 | | of the aircraft. |
| 24 | | "Registered in this State" means an aircraft |
| 25 | | registered with the Department of Transportation, |
| 26 | | Aeronautics Division, or titled or registered with the |
|
| | HB5501 | - 545 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Federal Aviation Administration to an address located in |
| 2 | | this State. |
| 3 | | This paragraph (25-7) is exempt from the provisions
of
|
| 4 | | Section 2-70.
|
| 5 | | (26) Semen used for artificial insemination of |
| 6 | | livestock for direct
agricultural production.
|
| 7 | | (27) Horses, or interests in horses, registered with |
| 8 | | and meeting the
requirements of any of the
Arabian Horse |
| 9 | | Club Registry of America, Appaloosa Horse Club, American |
| 10 | | Quarter
Horse Association, United States
Trotting |
| 11 | | Association, or Jockey Club, as appropriate, used for
|
| 12 | | purposes of breeding or racing for prizes. This item (27) |
| 13 | | is exempt from the provisions of Section 2-70, and the |
| 14 | | exemption provided for under this item (27) applies for |
| 15 | | all periods beginning May 30, 1995, but no claim for |
| 16 | | credit or refund is allowed on or after January 1, 2008 |
| 17 | | (the effective date of Public Act 95-88)
for such taxes |
| 18 | | paid during the period beginning May 30, 2000 and ending |
| 19 | | on January 1, 2008 (the effective date of Public Act |
| 20 | | 95-88).
|
| 21 | | (28) Computers and communications equipment utilized |
| 22 | | for any
hospital
purpose
and equipment used in the |
| 23 | | diagnosis,
analysis, or treatment of hospital patients |
| 24 | | sold to a lessor who leases the
equipment, under a lease of |
| 25 | | one year or longer executed or in effect at the
time of the |
| 26 | | purchase, to a
hospital
that has been issued an active tax |
|
| | HB5501 | - 546 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | exemption identification number by the
Department under |
| 2 | | Section 1g of this Act.
|
| 3 | | (29) Personal property sold to a lessor who leases the
|
| 4 | | property, under a
lease of one year or longer executed or |
| 5 | | in effect at the time of the purchase,
to a governmental |
| 6 | | body
that has been issued an active tax exemption |
| 7 | | identification number by the
Department under Section 1g |
| 8 | | of this Act.
|
| 9 | | (30) Beginning with taxable years ending on or after |
| 10 | | December
31, 1995
and
ending with taxable years ending on |
| 11 | | or before December 31, 2004,
personal property that is
|
| 12 | | donated for disaster relief to be used in a State or |
| 13 | | federally declared
disaster area in Illinois or bordering |
| 14 | | Illinois by a manufacturer or retailer
that is registered |
| 15 | | in this State to a corporation, society, association,
|
| 16 | | foundation, or institution that has been issued a sales |
| 17 | | tax exemption
identification number by the Department that |
| 18 | | assists victims of the disaster
who reside within the |
| 19 | | declared disaster area.
|
| 20 | | (31) Beginning with taxable years ending on or after |
| 21 | | December
31, 1995 and
ending with taxable years ending on |
| 22 | | or before December 31, 2004, personal
property that is |
| 23 | | used in the performance of infrastructure repairs in this
|
| 24 | | State, including but not limited to municipal roads and |
| 25 | | streets, access roads,
bridges, sidewalks, waste disposal |
| 26 | | systems, water and sewer line extensions,
water |
|
| | HB5501 | - 547 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | distribution and purification facilities, storm water |
| 2 | | drainage and
retention facilities, and sewage treatment |
| 3 | | facilities, resulting from a State
or federally declared |
| 4 | | disaster in Illinois or bordering Illinois when such
|
| 5 | | 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 |
| 8 | | at a "game breeding
and
hunting preserve area" as that |
| 9 | | term is used
in the
Wildlife Code. This paragraph is |
| 10 | | exempt from the provisions
of
Section 2-70.
|
| 11 | | (33) A motor vehicle, as that term is defined in |
| 12 | | Section 1-146
of the
Illinois Vehicle Code, that is |
| 13 | | donated to a corporation, limited liability
company, |
| 14 | | society, association, foundation, or institution that is |
| 15 | | determined by
the Department to be organized and operated |
| 16 | | exclusively for educational
purposes. For purposes of this |
| 17 | | exemption, "a corporation, limited liability
company, |
| 18 | | society, association, foundation, or institution organized |
| 19 | | and
operated
exclusively for educational purposes" means |
| 20 | | all tax-supported public schools,
private schools that |
| 21 | | offer systematic instruction in useful branches of
|
| 22 | | learning by methods common to public schools and that |
| 23 | | compare favorably in
their scope and intensity with the |
| 24 | | course of study presented in tax-supported
schools, and |
| 25 | | vocational or technical schools or institutes organized |
| 26 | | and
operated exclusively to provide a course of study of |
|
| | HB5501 | - 548 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | not less than 6 weeks
duration and designed to prepare |
| 2 | | individuals to follow a trade or to pursue a
manual, |
| 3 | | technical, mechanical, industrial, business, or commercial
|
| 4 | | occupation.
|
| 5 | | (34) Beginning January 1, 2000, personal property, |
| 6 | | including food, purchased
through fundraising events for |
| 7 | | the benefit of a public or private elementary or
secondary |
| 8 | | school, a group of those schools, or one or more school |
| 9 | | districts if
the events are sponsored by an entity |
| 10 | | recognized by the school district that
consists primarily |
| 11 | | of volunteers and includes parents and teachers of the
|
| 12 | | school children. This paragraph does not apply to |
| 13 | | fundraising events (i) for
the benefit of private home |
| 14 | | instruction or (ii) for which the fundraising
entity |
| 15 | | purchases the personal property sold at the events from |
| 16 | | another
individual or entity that sold the property for |
| 17 | | the purpose of resale by the
fundraising entity and that |
| 18 | | profits from the sale to the fundraising entity.
This |
| 19 | | paragraph is exempt from the provisions of Section 2-70.
|
| 20 | | (35) Beginning January 1, 2000 and through December |
| 21 | | 31, 2001, new or used
automatic vending machines that |
| 22 | | prepare and serve hot food and beverages,
including |
| 23 | | coffee, soup, and other items, and replacement parts for |
| 24 | | these
machines. Beginning January 1, 2002 and through June |
| 25 | | 30, 2003, machines
and parts for machines used in
|
| 26 | | commercial, coin-operated amusement and vending business |
|
| | HB5501 | - 549 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | if a use or occupation
tax is paid on the gross receipts |
| 2 | | derived from the use of the commercial,
coin-operated |
| 3 | | amusement and vending machines. This paragraph is exempt |
| 4 | | from
the provisions of Section 2-70.
|
| 5 | | (35-5) Beginning August 23, 2001 and through June 30, |
| 6 | | 2016, food for human consumption that is to be consumed |
| 7 | | off
the premises where it is sold (other than alcoholic |
| 8 | | beverages, soft drinks,
and food that has been prepared |
| 9 | | for immediate consumption) and prescription
and |
| 10 | | nonprescription medicines, drugs, medical appliances, and |
| 11 | | insulin, urine
testing materials, syringes, and needles |
| 12 | | used by diabetics, for human use, when
purchased for use |
| 13 | | by a person receiving medical assistance under Article V |
| 14 | | of
the Illinois Public Aid Code who resides in a licensed |
| 15 | | long-term care facility,
as defined in the Nursing Home |
| 16 | | Care Act, or a licensed facility as defined in the ID/DD |
| 17 | | Community Care Act, the MC/DD Act, or the Specialized |
| 18 | | Mental Health Rehabilitation Act of 2013.
|
| 19 | | (36) Beginning August 2, 2001, computers and |
| 20 | | communications equipment
utilized for any hospital purpose |
| 21 | | and equipment used in the diagnosis,
analysis, or |
| 22 | | treatment of hospital patients sold to a lessor who leases |
| 23 | | the
equipment, under a lease of one year or longer |
| 24 | | executed or in effect at the
time of the purchase, to a |
| 25 | | hospital that has been issued an active tax
exemption |
| 26 | | identification number by the Department under Section 1g |
|
| | HB5501 | - 550 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of this Act.
This paragraph is exempt from the provisions |
| 2 | | of Section 2-70.
|
| 3 | | (37) Beginning August 2, 2001, personal property sold |
| 4 | | to a lessor who
leases the property, under a lease of one |
| 5 | | year or longer executed or in effect
at the time of the |
| 6 | | purchase, to a governmental body that has been issued an
|
| 7 | | active tax exemption identification number by the |
| 8 | | Department under Section 1g
of this Act. This paragraph is |
| 9 | | exempt from the provisions of Section 2-70.
|
| 10 | | (38) Beginning on January 1, 2002 and through June 30, |
| 11 | | 2016, tangible personal property purchased
from an |
| 12 | | Illinois retailer by a taxpayer engaged in centralized |
| 13 | | purchasing
activities in Illinois who will, upon receipt |
| 14 | | of the property in Illinois,
temporarily store the |
| 15 | | property in Illinois (i) for the purpose of subsequently
|
| 16 | | transporting it outside this State for use or consumption |
| 17 | | thereafter solely
outside this State or (ii) for the |
| 18 | | purpose of being processed, fabricated, or
manufactured |
| 19 | | into, attached to, or incorporated into other tangible |
| 20 | | personal
property to be transported outside this State and |
| 21 | | thereafter used or consumed
solely outside this State. The |
| 22 | | Director of Revenue shall, pursuant to rules
adopted in |
| 23 | | accordance with the Illinois Administrative Procedure Act, |
| 24 | | issue a
permit to any taxpayer in good standing with the |
| 25 | | Department who is eligible for
the exemption under this |
| 26 | | paragraph (38). The permit issued under
this paragraph |
|
| | HB5501 | - 551 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (38) shall authorize the holder, to the extent and
in the |
| 2 | | manner specified in the rules adopted under this Act, to |
| 3 | | purchase
tangible personal property from a retailer exempt |
| 4 | | from the taxes imposed by
this Act. Taxpayers shall |
| 5 | | maintain all necessary books and records to
substantiate |
| 6 | | the use and consumption of all such tangible personal |
| 7 | | property
outside of the State of Illinois.
|
| 8 | | (39) Beginning January 1, 2008, tangible personal |
| 9 | | property used in the construction or maintenance of a |
| 10 | | community water supply, as defined under Section 3.145 of |
| 11 | | the Environmental Protection Act, that is operated by a |
| 12 | | not-for-profit corporation that holds a valid water supply |
| 13 | | permit issued under Title IV of the Environmental |
| 14 | | Protection Act. This paragraph is exempt from the |
| 15 | | provisions of Section 2-70.
|
| 16 | | (40) Beginning January 1, 2010 and continuing through |
| 17 | | December 31, 2024, materials, parts, equipment, |
| 18 | | components, and furnishings incorporated into or upon an |
| 19 | | aircraft as part of the modification, refurbishment, |
| 20 | | completion, replacement, repair, or maintenance of the |
| 21 | | aircraft. This exemption includes consumable supplies used |
| 22 | | in the modification, refurbishment, completion, |
| 23 | | replacement, repair, and maintenance of aircraft, but |
| 24 | | excludes any materials, parts, equipment, components, and |
| 25 | | consumable supplies used in the modification, replacement, |
| 26 | | repair, and maintenance of aircraft engines or power |
|
| | HB5501 | - 552 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | plants, whether such engines or power plants are installed |
| 2 | | or uninstalled upon any such aircraft. "Consumable |
| 3 | | supplies" include, but are not limited to, adhesive, tape, |
| 4 | | sandpaper, general purpose lubricants, cleaning solution, |
| 5 | | latex gloves, and protective films. This exemption applies |
| 6 | | only to the sale of qualifying tangible personal property |
| 7 | | to persons who modify, refurbish, complete, replace, or |
| 8 | | maintain an aircraft and who (i) hold an Air Agency |
| 9 | | Certificate and are empowered to operate an approved |
| 10 | | repair station by the Federal Aviation Administration, |
| 11 | | (ii) have a Class IV Rating, and (iii) conduct operations |
| 12 | | in accordance with Part 145 of the Federal Aviation |
| 13 | | Regulations. The exemption does not include aircraft |
| 14 | | operated by a commercial air carrier providing scheduled |
| 15 | | passenger air service pursuant to authority issued under |
| 16 | | Part 121 or Part 129 of the Federal Aviation Regulations. |
| 17 | | The changes made to this paragraph (40) by Public Act |
| 18 | | 98-534 are declarative of existing law. It is the intent |
| 19 | | of the General Assembly that the exemption under this |
| 20 | | paragraph (40) applies continuously from January 1, 2010 |
| 21 | | through December 31, 2024; however, no claim for credit or |
| 22 | | refund is allowed for taxes paid as a result of the |
| 23 | | disallowance of this exemption on or after January 1, 2015 |
| 24 | | and prior to the effective date of this amendatory Act of |
| 25 | | the 101st General Assembly. |
| 26 | | (41) Tangible personal property sold to a |
|
| | HB5501 | - 553 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | public-facilities corporation, as described in Section |
| 2 | | 11-65-10 of the Illinois Municipal Code, for purposes of |
| 3 | | constructing or furnishing a municipal convention hall, |
| 4 | | but only if the legal title to the municipal convention |
| 5 | | hall is transferred to the municipality without any |
| 6 | | further consideration by or on behalf of the municipality |
| 7 | | at the time of the completion of the municipal convention |
| 8 | | hall or upon the retirement or redemption of any bonds or |
| 9 | | other debt instruments issued by the public-facilities |
| 10 | | corporation in connection with the development of the |
| 11 | | municipal convention hall. This exemption includes |
| 12 | | existing public-facilities corporations as provided in |
| 13 | | Section 11-65-25 of the Illinois Municipal Code. This |
| 14 | | paragraph is exempt from the provisions of Section 2-70. |
| 15 | | (42) Beginning January 1, 2017 and through December |
| 16 | | 31, 2026, menstrual pads, tampons, and menstrual cups. |
| 17 | | (43) Merchandise that is subject to the Rental |
| 18 | | Purchase Agreement Occupation and Use Tax. The purchaser |
| 19 | | must certify that the item is purchased to be rented |
| 20 | | subject to a rental purchase agreement, as defined in the |
| 21 | | Rental Purchase Agreement Act, and provide proof of |
| 22 | | registration under the Rental Purchase Agreement |
| 23 | | Occupation and Use Tax Act. This paragraph is exempt from |
| 24 | | the provisions of Section 2-70. |
| 25 | | (44) Qualified tangible personal property used in the |
| 26 | | construction or operation of a data center that has been |
|
| | HB5501 | - 554 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | granted a certificate of exemption by the Department of |
| 2 | | Commerce and Economic Opportunity, whether that tangible |
| 3 | | personal property is purchased by the owner, operator, or |
| 4 | | tenant of the data center or by a contractor or |
| 5 | | subcontractor of the owner, operator, or tenant. Data |
| 6 | | centers that would have qualified for a certificate of |
| 7 | | exemption prior to January 1, 2020 had this amendatory Act |
| 8 | | of the 101st General Assembly been in effect, may apply |
| 9 | | for and obtain an exemption for subsequent purchases of |
| 10 | | computer equipment or enabling software purchased or |
| 11 | | leased to upgrade, supplement, or replace computer |
| 12 | | equipment or enabling software purchased or leased in the |
| 13 | | original investment that would have qualified. |
| 14 | | The Department of Commerce and Economic Opportunity |
| 15 | | shall grant a certificate of exemption under this item |
| 16 | | (44) to qualified data centers as defined by Section |
| 17 | | 605-1025 of the Department of Commerce and Economic |
| 18 | | Opportunity Law of the
Civil Administrative Code of |
| 19 | | Illinois. |
| 20 | | For the purposes of this item (44): |
| 21 | | "Data center" means a building or a series of |
| 22 | | buildings rehabilitated or constructed to house |
| 23 | | working servers in one physical location or multiple |
| 24 | | sites within the State of Illinois. |
| 25 | | "Qualified tangible personal property" means: |
| 26 | | electrical systems and equipment; climate control and |
|
| | HB5501 | - 555 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | chilling equipment and systems; mechanical systems and |
| 2 | | equipment; monitoring and secure systems; emergency |
| 3 | | generators; hardware; computers; servers; data storage |
| 4 | | devices; network connectivity equipment; racks; |
| 5 | | cabinets; telecommunications cabling infrastructure; |
| 6 | | raised floor systems; peripheral components or |
| 7 | | systems; software; mechanical, electrical, or plumbing |
| 8 | | systems; battery systems; cooling systems and towers; |
| 9 | | temperature control systems; other cabling; and other |
| 10 | | data center infrastructure equipment and systems |
| 11 | | necessary to operate qualified tangible personal |
| 12 | | property, including fixtures; and component parts of |
| 13 | | any of the foregoing, including installation, |
| 14 | | maintenance, repair, refurbishment, and replacement of |
| 15 | | qualified tangible personal property to generate, |
| 16 | | transform, transmit, distribute, or manage electricity |
| 17 | | necessary to operate qualified tangible personal |
| 18 | | property; and all other tangible personal property |
| 19 | | that is essential to the operations of a computer data |
| 20 | | center. The term "qualified tangible personal |
| 21 | | property" also includes building materials physically |
| 22 | | incorporated into in to the qualifying data center. To |
| 23 | | document the exemption allowed under this Section, the |
| 24 | | retailer must obtain from the purchaser a copy of the |
| 25 | | certificate of eligibility issued by the Department of |
| 26 | | Commerce and Economic Opportunity. |
|
| | HB5501 | - 556 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | This item (44) is exempt from the provisions of |
| 2 | | Section 2-70. |
| 3 | | (45) Beginning January 1, 2020 and through December |
| 4 | | 31, 2020, sales of tangible personal property made by a |
| 5 | | marketplace seller over a marketplace for which tax is due |
| 6 | | under this Act but for which use tax has been collected and |
| 7 | | remitted to the Department by a marketplace facilitator |
| 8 | | under Section 2d of the Use Tax Act are exempt from tax |
| 9 | | under this Act. A marketplace seller claiming this |
| 10 | | exemption shall maintain books and records demonstrating |
| 11 | | that the use tax on such sales has been collected and |
| 12 | | remitted by a marketplace facilitator. Marketplace sellers |
| 13 | | that have properly remitted tax under this Act on such |
| 14 | | sales may file a claim for credit as provided in Section 6 |
| 15 | | of this Act. No claim is allowed, however, for such taxes |
| 16 | | for which a credit or refund has been issued to the |
| 17 | | marketplace facilitator under the Use Tax Act, or for |
| 18 | | which the marketplace facilitator has filed a claim for |
| 19 | | credit or refund under the Use Tax Act. |
| 20 | | (Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; |
| 21 | | 101-629, eff. 2-5-20; 102-16, eff. 6-17-21; 102-634, eff. |
| 22 | | 8-27-21; revised 11-9-21.)
|
| 23 | | (35 ILCS 120/3) (from Ch. 120, par. 442)
|
| 24 | | Sec. 3. Except as provided in this Section, on or before |
| 25 | | the twentieth
day of each calendar month, every person engaged |
|
| | HB5501 | - 557 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in the business of
selling tangible personal property at |
| 2 | | retail in this State during the
preceding calendar month shall |
| 3 | | file a return with the Department, stating: |
| 4 | | 1. The name of the seller; |
| 5 | | 2. His residence address and the address of his |
| 6 | | principal place of
business and the address of the |
| 7 | | principal place of business (if that is
a different |
| 8 | | address) from which he engages in the business of selling
|
| 9 | | tangible personal property at retail in this State; |
| 10 | | 3. Total amount of receipts received by him during the |
| 11 | | preceding
calendar month or quarter, as the case may be, |
| 12 | | from sales of tangible
personal property, and from |
| 13 | | services furnished, by him during such
preceding calendar |
| 14 | | month or quarter; |
| 15 | | 4. Total amount received by him during the preceding |
| 16 | | calendar month or
quarter on charge and time sales of |
| 17 | | tangible personal property, and from
services furnished, |
| 18 | | by him prior to the month or quarter for which the return
|
| 19 | | is filed; |
| 20 | | 5. Deductions allowed by law; |
| 21 | | 6. Gross receipts which were received by him during |
| 22 | | the preceding
calendar month or quarter and upon the basis |
| 23 | | of which the tax is imposed; |
| 24 | | 7. The amount of credit provided in Section 2d of this |
| 25 | | Act; |
| 26 | | 8. The amount of tax due; |
|
| | HB5501 | - 558 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 9. The signature of the taxpayer; and |
| 2 | | 10. Such other reasonable information as the |
| 3 | | Department may require. |
| 4 | | On and after January 1, 2018, except for returns for motor |
| 5 | | vehicles, watercraft, aircraft, and trailers that are required |
| 6 | | to be registered with an agency of this State, with respect to |
| 7 | | retailers whose annual gross receipts average $20,000 or more, |
| 8 | | all returns required to be filed pursuant to this Act shall be |
| 9 | | filed electronically. Retailers who demonstrate that they do |
| 10 | | not have access to the Internet or demonstrate hardship in |
| 11 | | filing electronically may petition the Department to waive the |
| 12 | | electronic filing requirement. |
| 13 | | If a taxpayer fails to sign a return within 30 days after |
| 14 | | the proper notice
and demand for signature by the Department, |
| 15 | | the return shall be considered
valid and any amount shown to be |
| 16 | | due on the return shall be deemed assessed. |
| 17 | | Each return shall be accompanied by the statement of |
| 18 | | prepaid tax issued
pursuant to Section 2e for which credit is |
| 19 | | claimed. |
| 20 | | Prior to October 1, 2003, and on and after September 1, |
| 21 | | 2004 a retailer may accept a Manufacturer's Purchase
Credit
|
| 22 | | certification from a purchaser in satisfaction of Use Tax
as |
| 23 | | provided in Section 3-85 of the Use Tax Act if the purchaser |
| 24 | | provides the
appropriate documentation as required by Section |
| 25 | | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
|
| 26 | | certification, accepted by a retailer prior to October 1, 2003 |
|
| | HB5501 | - 559 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and on and after September 1, 2004 as provided
in
Section 3-85 |
| 2 | | of the Use Tax Act, may be used by that retailer to
satisfy |
| 3 | | Retailers' Occupation Tax liability in the amount claimed in
|
| 4 | | the certification, not to exceed 6.25% of the receipts
subject |
| 5 | | to tax from a qualifying purchase. A Manufacturer's Purchase |
| 6 | | Credit
reported on any original or amended return
filed under
|
| 7 | | this Act after October 20, 2003 for reporting periods prior to |
| 8 | | September 1, 2004 shall be disallowed. Manufacturer's Purchase |
| 9 | | Purchaser Credit reported on annual returns due on or after |
| 10 | | January 1, 2005 will be disallowed for periods prior to |
| 11 | | September 1, 2004. No Manufacturer's
Purchase Credit may be |
| 12 | | used after September 30, 2003 through August 31, 2004 to
|
| 13 | | satisfy any
tax liability imposed under this Act, including |
| 14 | | any audit liability. |
| 15 | | The Department may require returns to be filed on a |
| 16 | | quarterly basis.
If so required, a return for each calendar |
| 17 | | quarter shall be filed on or
before the twentieth day of the |
| 18 | | calendar month following the end of such
calendar quarter. The |
| 19 | | taxpayer shall also file a return with the
Department for each |
| 20 | | of the first two months of each calendar quarter, on or
before |
| 21 | | the twentieth day of the following calendar month, stating: |
| 22 | | 1. The name of the seller; |
| 23 | | 2. The address of the principal place of business from |
| 24 | | which he engages
in the business of selling tangible |
| 25 | | personal property at retail in this State; |
| 26 | | 3. The total amount of taxable receipts received by |
|
| | HB5501 | - 560 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | him during the
preceding calendar month from sales of |
| 2 | | tangible personal property by him
during such preceding |
| 3 | | calendar month, including receipts from charge and
time |
| 4 | | sales, but less all deductions allowed by law; |
| 5 | | 4. The amount of credit provided in Section 2d of this |
| 6 | | Act; |
| 7 | | 5. The amount of tax due; and |
| 8 | | 6. Such other reasonable information as the Department |
| 9 | | may
require. |
| 10 | | Every person engaged in the business of selling aviation |
| 11 | | fuel at retail in this State during the preceding calendar |
| 12 | | month shall, instead of reporting and paying tax as otherwise |
| 13 | | required by this Section, report and pay such tax on a separate |
| 14 | | aviation fuel tax return. The requirements related to the |
| 15 | | return shall be as otherwise provided in this Section. |
| 16 | | Notwithstanding any other provisions of this Act to the |
| 17 | | contrary, retailers selling aviation fuel shall file all |
| 18 | | aviation fuel tax returns and shall make all aviation fuel tax |
| 19 | | payments by electronic means in the manner and form required |
| 20 | | by the Department. For purposes of this Section, "aviation |
| 21 | | fuel" means jet fuel and aviation gasoline. |
| 22 | | Beginning on October 1, 2003, any person who is not a |
| 23 | | licensed
distributor, importing distributor, or manufacturer, |
| 24 | | as defined in the Liquor
Control Act of 1934, but is engaged in |
| 25 | | the business of
selling, at retail, alcoholic liquor
shall |
| 26 | | file a statement with the Department of Revenue, in a format
|
|
| | HB5501 | - 561 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and at a time prescribed by the Department, showing the total |
| 2 | | amount paid for
alcoholic liquor purchased during the |
| 3 | | preceding month and such other
information as is reasonably |
| 4 | | required by the Department.
The Department may adopt rules to |
| 5 | | require
that this statement be filed in an electronic or |
| 6 | | telephonic format. Such rules
may provide for exceptions from |
| 7 | | the filing requirements of this paragraph. For
the
purposes of |
| 8 | | this
paragraph, the term "alcoholic liquor" shall have the |
| 9 | | meaning prescribed in the
Liquor Control Act of 1934. |
| 10 | | Beginning on October 1, 2003, every distributor, importing |
| 11 | | distributor, and
manufacturer of alcoholic liquor as defined |
| 12 | | in the Liquor Control Act of 1934,
shall file a
statement with |
| 13 | | the Department of Revenue, no later than the 10th day of the
|
| 14 | | month for the
preceding month during which transactions |
| 15 | | occurred, by electronic means,
showing the
total amount of |
| 16 | | gross receipts from the sale of alcoholic liquor sold or
|
| 17 | | distributed during
the preceding month to purchasers; |
| 18 | | identifying the purchaser to whom it was
sold or
distributed; |
| 19 | | the purchaser's tax registration number; and such other
|
| 20 | | information
reasonably required by the Department. A |
| 21 | | distributor, importing distributor, or manufacturer of |
| 22 | | alcoholic liquor must personally deliver, mail, or provide by |
| 23 | | electronic means to each retailer listed on the monthly |
| 24 | | statement a report containing a cumulative total of that |
| 25 | | distributor's, importing distributor's, or manufacturer's |
| 26 | | total sales of alcoholic liquor to that retailer no later than |
|
| | HB5501 | - 562 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the 10th day of the month for the preceding month during which |
| 2 | | the transaction occurred. The distributor, importing |
| 3 | | distributor, or manufacturer shall notify the retailer as to |
| 4 | | the method by which the distributor, importing distributor, or |
| 5 | | manufacturer will provide the sales information. If the |
| 6 | | retailer is unable to receive the sales information by |
| 7 | | electronic means, the distributor, importing distributor, or |
| 8 | | manufacturer shall furnish the sales information by personal |
| 9 | | delivery or by mail. For purposes of this paragraph, the term |
| 10 | | "electronic means" includes, but is not limited to, the use of |
| 11 | | a secure Internet website, e-mail, or facsimile. |
| 12 | | If a total amount of less than $1 is payable, refundable or |
| 13 | | creditable,
such amount shall be disregarded if it is less |
| 14 | | than 50 cents and shall be
increased to $1 if it is 50 cents or |
| 15 | | more. |
| 16 | | Notwithstanding any other provision of this Act to the |
| 17 | | contrary, retailers subject to tax on cannabis shall file all |
| 18 | | cannabis tax returns and shall make all cannabis tax payments |
| 19 | | by electronic means in the manner and form required by the |
| 20 | | Department. |
| 21 | | Beginning October 1, 1993,
a taxpayer who has an average |
| 22 | | monthly tax liability of $150,000 or more shall
make all |
| 23 | | payments required by rules of the
Department by electronic |
| 24 | | funds transfer. Beginning October 1, 1994, a taxpayer
who has |
| 25 | | an average monthly tax liability of $100,000 or more shall |
| 26 | | make all
payments required by rules of the Department by |
|
| | HB5501 | - 563 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | electronic funds transfer.
Beginning October 1, 1995, a |
| 2 | | taxpayer who has an average monthly tax liability
of $50,000 |
| 3 | | or more shall make all
payments required by rules of the |
| 4 | | Department by electronic funds transfer.
Beginning October 1, |
| 5 | | 2000, a taxpayer who has an annual tax liability of
$200,000 or |
| 6 | | more shall make all payments required by rules of the |
| 7 | | Department by
electronic funds transfer. The term "annual tax |
| 8 | | liability" shall be the sum of
the taxpayer's liabilities |
| 9 | | under this Act, and under all other State and local
occupation |
| 10 | | and use tax laws administered by the Department, for the |
| 11 | | immediately
preceding calendar year.
The term "average monthly |
| 12 | | tax liability" shall be the sum of the
taxpayer's liabilities |
| 13 | | under this
Act, and under all other State and local occupation |
| 14 | | and use tax
laws administered by the Department, for the |
| 15 | | immediately preceding calendar
year divided by 12.
Beginning |
| 16 | | on October 1, 2002, a taxpayer who has a tax liability in the
|
| 17 | | amount set forth in subsection (b) of Section 2505-210 of the |
| 18 | | Department of
Revenue Law shall make all payments required by |
| 19 | | rules of the Department by
electronic funds transfer. |
| 20 | | Before August 1 of each year beginning in 1993, the |
| 21 | | Department shall
notify all taxpayers required to make |
| 22 | | payments by electronic funds
transfer. All taxpayers
required |
| 23 | | to make payments by electronic funds transfer shall make those
|
| 24 | | payments for
a minimum of one year beginning on October 1. |
| 25 | | Any taxpayer not required to make payments by electronic |
| 26 | | funds transfer may
make payments by electronic funds transfer |
|
| | HB5501 | - 564 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with
the permission of the Department. |
| 2 | | All taxpayers required to make payment by electronic funds |
| 3 | | transfer and
any taxpayers authorized to voluntarily make |
| 4 | | payments by electronic funds
transfer shall make those |
| 5 | | payments in the manner authorized by the Department. |
| 6 | | The Department shall adopt such rules as are necessary to |
| 7 | | effectuate a
program of electronic funds transfer and the |
| 8 | | requirements of this Section. |
| 9 | | Any amount which is required to be shown or reported on any |
| 10 | | return or
other document under this Act shall, if such amount |
| 11 | | is not a whole-dollar
amount, be increased to the nearest |
| 12 | | whole-dollar amount in any case where
the fractional part of a |
| 13 | | dollar is 50 cents or more, and decreased to the
nearest |
| 14 | | whole-dollar amount where the fractional part of a dollar is |
| 15 | | less
than 50 cents. |
| 16 | | If the retailer is otherwise required to file a monthly |
| 17 | | return and if the
retailer's average monthly tax liability to |
| 18 | | the Department does not exceed
$200, the Department may |
| 19 | | authorize his returns to be filed on a quarter
annual basis, |
| 20 | | with the return for January, February and March of a given
year |
| 21 | | being due by April 20 of such year; with the return for April, |
| 22 | | May and
June of a given year being due by July 20 of such year; |
| 23 | | with the return for
July, August and September of a given year |
| 24 | | being due by October 20 of such
year, and with the return for |
| 25 | | October, November and December of a given
year being due by |
| 26 | | January 20 of the following year. |
|
| | HB5501 | - 565 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | If the retailer is otherwise required to file a monthly or |
| 2 | | quarterly
return and if the retailer's average monthly tax |
| 3 | | liability with the
Department does not exceed $50, the |
| 4 | | Department may authorize his returns to
be filed on an annual |
| 5 | | basis, with the return for a given year being due by
January 20 |
| 6 | | of the following year. |
| 7 | | Such quarter annual and annual returns, as to form and |
| 8 | | substance,
shall be subject to the same requirements as |
| 9 | | monthly returns. |
| 10 | | Notwithstanding any other provision in this Act concerning |
| 11 | | the time
within which a retailer may file his return, in the |
| 12 | | case of any retailer
who ceases to engage in a kind of business |
| 13 | | which makes him responsible
for filing returns under this Act, |
| 14 | | such retailer shall file a final
return under this Act with the |
| 15 | | Department not more than one month after
discontinuing such |
| 16 | | business. |
| 17 | | Where the same person has more than one business |
| 18 | | registered with the
Department under separate registrations |
| 19 | | under this Act, such person may
not file each return that is |
| 20 | | due as a single return covering all such
registered |
| 21 | | businesses, but shall file separate returns for each such
|
| 22 | | registered business. |
| 23 | | In addition, with respect to motor vehicles, watercraft,
|
| 24 | | aircraft, and trailers that are required to be registered with |
| 25 | | an agency of
this State, except as otherwise provided in this |
| 26 | | Section, every
retailer selling this kind of tangible personal |
|
| | HB5501 | - 566 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | property shall file,
with the Department, upon a form to be |
| 2 | | prescribed and supplied by the
Department, a separate return |
| 3 | | for each such item of tangible personal
property which the |
| 4 | | retailer sells, except that if, in the same
transaction, (i) a |
| 5 | | retailer of aircraft, watercraft, motor vehicles or
trailers |
| 6 | | transfers more than one aircraft, watercraft, motor
vehicle or |
| 7 | | trailer to another aircraft, watercraft, motor vehicle
|
| 8 | | retailer or trailer retailer for the purpose of resale
or (ii) |
| 9 | | a retailer of aircraft, watercraft, motor vehicles, or |
| 10 | | trailers
transfers more than one aircraft, watercraft, motor |
| 11 | | vehicle, or trailer to a
purchaser for use as a qualifying |
| 12 | | rolling stock as provided in Section 2-5 of
this Act, then
that |
| 13 | | seller may report the transfer of all aircraft,
watercraft, |
| 14 | | motor vehicles or trailers involved in that transaction to the
|
| 15 | | Department on the same uniform invoice-transaction reporting |
| 16 | | return form. For
purposes of this Section, "watercraft" means |
| 17 | | a Class 2, Class 3, or Class 4
watercraft as defined in Section |
| 18 | | 3-2 of the Boat Registration and Safety Act, a
personal |
| 19 | | watercraft, or any boat equipped with an inboard motor. |
| 20 | | In addition, with respect to motor vehicles, watercraft, |
| 21 | | aircraft, and trailers that are required to be registered with |
| 22 | | an agency of this State, every person who is engaged in the |
| 23 | | business of leasing or renting such items and who, in |
| 24 | | connection with such business, sells any such item to a |
| 25 | | retailer for the purpose of resale is, notwithstanding any |
| 26 | | other provision of this Section to the contrary, authorized to |
|
| | HB5501 | - 567 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | meet the return-filing requirement of this Act by reporting |
| 2 | | the transfer of all the aircraft, watercraft, motor vehicles, |
| 3 | | or trailers transferred for resale during a month to the |
| 4 | | Department on the same uniform invoice-transaction reporting |
| 5 | | return form on or before the 20th of the month following the |
| 6 | | month in which the transfer takes place. Notwithstanding any |
| 7 | | other provision of this Act to the contrary, all returns filed |
| 8 | | under this paragraph must be filed by electronic means in the |
| 9 | | manner and form as required by the Department. |
| 10 | | Any retailer who sells only motor vehicles, watercraft,
|
| 11 | | aircraft, or trailers that are required to be registered with |
| 12 | | an agency of
this State, so that all
retailers' occupation tax |
| 13 | | liability is required to be reported, and is
reported, on such |
| 14 | | transaction reporting returns and who is not otherwise
|
| 15 | | required to file monthly or quarterly returns, need not file |
| 16 | | monthly or
quarterly returns. However, those retailers shall |
| 17 | | be required to
file returns on an annual basis. |
| 18 | | The transaction reporting return, in the case of motor |
| 19 | | vehicles
or trailers that are required to be registered with |
| 20 | | an agency of this
State, shall
be the same document as the |
| 21 | | Uniform Invoice referred to in Section 5-402
of the Illinois |
| 22 | | Vehicle Code and must show the name and address of the
seller; |
| 23 | | the name and address of the purchaser; the amount of the |
| 24 | | selling
price including the amount allowed by the retailer for |
| 25 | | traded-in
property, if any; the amount allowed by the retailer |
| 26 | | for the traded-in
tangible personal property, if any, to the |
|
| | HB5501 | - 568 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | extent to which Section 1 of
this Act allows an exemption for |
| 2 | | the value of traded-in property; the
balance payable after |
| 3 | | deducting such trade-in allowance from the total
selling |
| 4 | | price; the amount of tax due from the retailer with respect to
|
| 5 | | such transaction; the amount of tax collected from the |
| 6 | | purchaser by the
retailer on such transaction (or satisfactory |
| 7 | | evidence that such tax is
not due in that particular instance, |
| 8 | | if that is claimed to be the fact);
the place and date of the |
| 9 | | sale; a sufficient identification of the
property sold; such |
| 10 | | other information as is required in Section 5-402 of
the |
| 11 | | Illinois Vehicle Code, and such other information as the |
| 12 | | Department
may reasonably require. |
| 13 | | The transaction reporting return in the case of watercraft
|
| 14 | | or aircraft must show
the name and address of the seller; the |
| 15 | | name and address of the
purchaser; the amount of the selling |
| 16 | | price including the amount allowed
by the retailer for |
| 17 | | traded-in property, if any; the amount allowed by
the retailer |
| 18 | | for the traded-in tangible personal property, if any, to
the |
| 19 | | extent to which Section 1 of this Act allows an exemption for |
| 20 | | the
value of traded-in property; the balance payable after |
| 21 | | deducting such
trade-in allowance from the total selling |
| 22 | | price; the amount of tax due
from the retailer with respect to |
| 23 | | such transaction; the amount of tax
collected from the |
| 24 | | purchaser by the retailer on such transaction (or
satisfactory |
| 25 | | evidence that such tax is not due in that particular
instance, |
| 26 | | if that is claimed to be the fact); the place and date of the
|
|
| | HB5501 | - 569 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | sale, a sufficient identification of the property sold, and |
| 2 | | such other
information as the Department may reasonably |
| 3 | | require. |
| 4 | | Such transaction reporting return shall be filed not later |
| 5 | | than 20
days after the day of delivery of the item that is |
| 6 | | being sold, but may
be filed by the retailer at any time sooner |
| 7 | | than that if he chooses to
do so. The transaction reporting |
| 8 | | return and tax remittance or proof of
exemption from the |
| 9 | | Illinois use tax may be transmitted to the Department
by way of |
| 10 | | the State agency with which, or State officer with whom the
|
| 11 | | tangible personal property must be titled or registered (if |
| 12 | | titling or
registration is required) if the Department and |
| 13 | | such agency or State
officer determine that this procedure |
| 14 | | will expedite the processing of
applications for title or |
| 15 | | registration. |
| 16 | | With each such transaction reporting return, the retailer |
| 17 | | shall remit
the proper amount of tax due (or shall submit |
| 18 | | satisfactory evidence that
the sale is not taxable if that is |
| 19 | | the case), to the Department or its
agents, whereupon the |
| 20 | | Department shall issue, in the purchaser's name, a
use tax |
| 21 | | receipt (or a certificate of exemption if the Department is
|
| 22 | | satisfied that the particular sale is tax exempt) which such |
| 23 | | purchaser
may submit to the agency with which, or State |
| 24 | | officer with whom, he must
title or register the tangible |
| 25 | | personal property that is involved (if
titling or registration |
| 26 | | is required) in support of such purchaser's
application for an |
|
| | HB5501 | - 570 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois certificate or other evidence of title or
|
| 2 | | registration to such tangible personal property. |
| 3 | | No retailer's failure or refusal to remit tax under this |
| 4 | | Act
precludes a user, who has paid the proper tax to the |
| 5 | | retailer, from
obtaining his certificate of title or other |
| 6 | | evidence of title or
registration (if titling or registration |
| 7 | | is required) upon satisfying
the Department that such user has |
| 8 | | paid the proper tax (if tax is due) to
the retailer. The |
| 9 | | Department shall adopt appropriate rules to carry out
the |
| 10 | | mandate of this paragraph. |
| 11 | | If the user who would otherwise pay tax to the retailer |
| 12 | | wants the
transaction reporting return filed and the payment |
| 13 | | of the tax or proof
of exemption made to the Department before |
| 14 | | the retailer is willing to
take these actions and such user has |
| 15 | | not paid the tax to the retailer,
such user may certify to the |
| 16 | | fact of such delay by the retailer and may
(upon the Department |
| 17 | | being satisfied of the truth of such certification)
transmit |
| 18 | | the information required by the transaction reporting return
|
| 19 | | and the remittance for tax or proof of exemption directly to |
| 20 | | the
Department and obtain his tax receipt or exemption |
| 21 | | determination, in
which event the transaction reporting return |
| 22 | | and tax remittance (if a
tax payment was required) shall be |
| 23 | | credited by the Department to the
proper retailer's account |
| 24 | | with the Department, but without the 2.1% or 1.75%
discount |
| 25 | | provided for in this Section being allowed. When the user pays
|
| 26 | | the tax directly to the Department, he shall pay the tax in the |
|
| | HB5501 | - 571 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | same
amount and in the same form in which it would be remitted |
| 2 | | if the tax had
been remitted to the Department by the retailer. |
| 3 | | Refunds made by the seller during the preceding return |
| 4 | | period to
purchasers, on account of tangible personal property |
| 5 | | returned to the
seller, shall be allowed as a deduction under |
| 6 | | subdivision 5 of his monthly
or quarterly return, as the case |
| 7 | | may be, in case the
seller had theretofore included the |
| 8 | | receipts from the sale of such
tangible personal property in a |
| 9 | | return filed by him and had paid the tax
imposed by this Act |
| 10 | | with respect to such receipts. |
| 11 | | Where the seller is a corporation, the return filed on |
| 12 | | behalf of such
corporation shall be signed by the president, |
| 13 | | vice-president, secretary
or treasurer or by the properly |
| 14 | | accredited agent of such corporation. |
| 15 | | Where the seller is a limited liability company, the |
| 16 | | return filed on behalf
of the limited liability company shall |
| 17 | | be signed by a manager, member, or
properly accredited agent |
| 18 | | of the limited liability company. |
| 19 | | Except as provided in this Section, the retailer filing |
| 20 | | the return
under this Section shall, at the time of filing such |
| 21 | | return, pay to the
Department the amount of tax imposed by this |
| 22 | | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% |
| 23 | | on and after January 1, 1990, or $5 per
calendar year, |
| 24 | | whichever is greater, which is allowed to
reimburse the |
| 25 | | retailer for the expenses incurred in keeping records,
|
| 26 | | preparing and filing returns, remitting the tax and supplying |
|
| | HB5501 | - 572 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | data to
the Department on request. On and after January 1, |
| 2 | | 2021, a certified service provider, as defined in the Leveling |
| 3 | | the Playing Field for Illinois Retail Act, filing the return |
| 4 | | under this Section on behalf of a remote retailer shall, at the |
| 5 | | time of such return, pay to the Department the amount of tax |
| 6 | | imposed by this Act less a discount of 1.75%. A remote retailer |
| 7 | | using a certified service provider to file a return on its |
| 8 | | behalf, as provided in the Leveling the Playing Field for |
| 9 | | Illinois Retail Act, is not eligible for the discount. The |
| 10 | | discount under this Section is not allowed for the 1.25% |
| 11 | | portion of taxes paid on aviation fuel that is subject to the |
| 12 | | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. |
| 13 | | 47133. Any prepayment made pursuant to Section 2d
of this Act |
| 14 | | shall be included in the amount on which such
2.1% or 1.75% |
| 15 | | discount is computed. In the case of retailers who report
and |
| 16 | | pay the tax on a transaction by transaction basis, as provided |
| 17 | | in this
Section, such discount shall be taken with each such |
| 18 | | tax remittance
instead of when such retailer files his |
| 19 | | periodic return. The discount allowed under this Section is |
| 20 | | allowed only for returns that are filed in the manner required |
| 21 | | by this Act. The Department may disallow the discount for |
| 22 | | retailers whose certificate of registration is revoked at the |
| 23 | | time the return is filed, but only if the Department's |
| 24 | | decision to revoke the certificate of registration has become |
| 25 | | final. |
| 26 | | Before October 1, 2000, if the taxpayer's average monthly |
|
| | HB5501 | - 573 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | tax liability
to the Department
under this Act, the Use Tax |
| 2 | | Act, the Service Occupation Tax
Act, and the Service Use Tax |
| 3 | | Act, excluding any liability for prepaid sales
tax to be |
| 4 | | remitted in accordance with Section 2d of this Act, was
|
| 5 | | $10,000
or more during the preceding 4 complete calendar |
| 6 | | quarters, he shall file a
return with the Department each |
| 7 | | month by the 20th day of the month next
following the month |
| 8 | | during which such tax liability is incurred and shall
make |
| 9 | | payments to the Department on or before the 7th, 15th, 22nd and |
| 10 | | last
day of the month during which such liability is incurred.
|
| 11 | | On and after October 1, 2000, if the taxpayer's average |
| 12 | | monthly tax liability
to the Department under this Act, the |
| 13 | | Use Tax Act, the Service Occupation Tax
Act, and the Service |
| 14 | | Use Tax Act, excluding any liability for prepaid sales tax
to |
| 15 | | be remitted in accordance with Section 2d of this Act, was |
| 16 | | $20,000 or more
during the preceding 4 complete calendar |
| 17 | | quarters, he shall file a return with
the Department each |
| 18 | | month by the 20th day of the month next following the month
|
| 19 | | during which such tax liability is incurred and shall make |
| 20 | | payment to the
Department on or before the 7th, 15th, 22nd and |
| 21 | | last day of the month during
which such liability is incurred.
|
| 22 | | If the month
during which such tax liability is incurred began |
| 23 | | prior to January 1, 1985,
each payment shall be in an amount |
| 24 | | equal to 1/4 of the taxpayer's actual
liability for the month |
| 25 | | or an amount set by the Department not to exceed
1/4 of the |
| 26 | | average monthly liability of the taxpayer to the Department |
|
| | HB5501 | - 574 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for
the preceding 4 complete calendar quarters (excluding the |
| 2 | | month of highest
liability and the month of lowest liability |
| 3 | | in such 4 quarter period). If
the month during which such tax |
| 4 | | liability is incurred begins on or after
January 1, 1985 and |
| 5 | | prior to January 1, 1987, each payment shall be in an
amount |
| 6 | | equal to 22.5% of the taxpayer's actual liability for the |
| 7 | | month or
27.5% of the taxpayer's liability for the same |
| 8 | | calendar
month of the preceding year. If the month during |
| 9 | | which such tax
liability is incurred begins on or after |
| 10 | | January 1, 1987 and prior to
January 1, 1988, each payment |
| 11 | | shall be in an amount equal to 22.5% of the
taxpayer's actual |
| 12 | | liability for the month or 26.25% of the taxpayer's
liability |
| 13 | | for the same calendar month of the preceding year. If the month
|
| 14 | | during which such tax liability is incurred begins on or after |
| 15 | | January 1,
1988, and prior to January 1, 1989, or begins on or |
| 16 | | after January 1, 1996, each
payment shall be in an amount
equal |
| 17 | | to 22.5% of the taxpayer's actual liability for the month or |
| 18 | | 25% of
the taxpayer's liability for the same calendar month of |
| 19 | | the preceding year. If
the month during which such tax |
| 20 | | liability is incurred begins on or after
January 1, 1989, and |
| 21 | | prior to January 1, 1996, each payment shall be in an
amount |
| 22 | | equal to 22.5% of the
taxpayer's actual liability for the |
| 23 | | month or 25% of the taxpayer's
liability for the same calendar |
| 24 | | month of the preceding year or 100% of the
taxpayer's actual |
| 25 | | liability for the quarter monthly reporting period. The
amount |
| 26 | | of such quarter monthly payments shall be credited against
the |
|
| | HB5501 | - 575 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | final tax liability of the taxpayer's return for that month. |
| 2 | | Before
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
$10,000 |
| 5 | | or more as determined in the manner provided above
shall |
| 6 | | continue
until such taxpayer's average monthly liability to |
| 7 | | the Department during
the preceding 4 complete calendar |
| 8 | | quarters (excluding the month of highest
liability and the |
| 9 | | month of lowest liability) is less than
$9,000, or until
such |
| 10 | | taxpayer's average monthly liability to the Department as |
| 11 | | computed for
each calendar quarter of the 4 preceding complete |
| 12 | | calendar quarter period
is less than $10,000. However, if a |
| 13 | | taxpayer can show the
Department that
a substantial change in |
| 14 | | the taxpayer's business has occurred which causes
the taxpayer |
| 15 | | to anticipate that his average monthly tax liability for the
|
| 16 | | reasonably foreseeable future will fall below the $10,000 |
| 17 | | threshold
stated above, then
such taxpayer
may petition the |
| 18 | | Department for a change in such taxpayer's reporting
status. |
| 19 | | On and after October 1, 2000, once applicable, the requirement |
| 20 | | of
the making of quarter monthly payments to the Department by |
| 21 | | taxpayers having an
average monthly tax liability of $20,000 |
| 22 | | or more as determined in the manner
provided above shall |
| 23 | | continue until such taxpayer's average monthly liability
to |
| 24 | | the Department during the preceding 4 complete calendar |
| 25 | | quarters (excluding
the month of highest liability and the |
| 26 | | month of lowest liability) is less than
$19,000 or until such |
|
| | HB5501 | - 576 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | taxpayer's average monthly liability to the Department as
|
| 2 | | computed for each calendar quarter of the 4 preceding complete |
| 3 | | calendar quarter
period is less than $20,000. However, if a |
| 4 | | taxpayer can show the Department
that a substantial change in |
| 5 | | the taxpayer's business has occurred which causes
the taxpayer |
| 6 | | to anticipate that his average monthly tax liability for the
|
| 7 | | reasonably foreseeable future will fall below the $20,000 |
| 8 | | threshold stated
above, then such taxpayer may petition the |
| 9 | | Department for a change in such
taxpayer's reporting status. |
| 10 | | The Department shall change such taxpayer's
reporting status
|
| 11 | | unless it finds that such change is seasonal in nature and not |
| 12 | | likely to be
long term. If any such quarter monthly payment is |
| 13 | | not paid at the time or
in the amount required by this Section, |
| 14 | | then the taxpayer shall be liable for
penalties and interest |
| 15 | | on the difference
between the minimum amount due as a payment |
| 16 | | and the amount of such quarter
monthly payment actually and |
| 17 | | timely paid, except insofar as the
taxpayer has previously |
| 18 | | made payments for that month to the Department in
excess of the |
| 19 | | minimum payments previously due as provided in this Section.
|
| 20 | | The Department shall make reasonable rules and regulations to |
| 21 | | govern the
quarter monthly payment amount and quarter monthly |
| 22 | | payment dates for
taxpayers who file on other than a calendar |
| 23 | | monthly basis. |
| 24 | | The provisions of this paragraph apply before October 1, |
| 25 | | 2001.
Without regard to whether a taxpayer is required to make |
| 26 | | quarter monthly
payments as specified above, any taxpayer who |
|
| | HB5501 | - 577 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | is required by Section 2d
of this Act to collect and remit |
| 2 | | prepaid taxes and has collected prepaid
taxes which average in |
| 3 | | excess of $25,000 per month during the preceding
2 complete |
| 4 | | calendar quarters, shall file a return with the Department as
|
| 5 | | required by Section 2f and shall make payments to the |
| 6 | | Department on or before
the 7th, 15th, 22nd and last day of the |
| 7 | | month during which such liability
is incurred. If the month |
| 8 | | during which such tax liability is incurred
began prior to |
| 9 | | September 1, 1985 (the effective date of Public Act 84-221), |
| 10 | | each
payment shall be in an amount not less than 22.5% of the |
| 11 | | taxpayer's actual
liability under Section 2d. If the month |
| 12 | | during which such tax liability
is incurred begins on or after |
| 13 | | January 1, 1986, each payment shall be in an
amount equal to |
| 14 | | 22.5% of the taxpayer's actual liability for the month or
|
| 15 | | 27.5% of the taxpayer's liability for the same calendar month |
| 16 | | of the
preceding calendar year. If the month during which such |
| 17 | | tax liability is
incurred begins on or after January 1, 1987, |
| 18 | | each payment shall be in an
amount equal to 22.5% of the |
| 19 | | taxpayer's actual liability for the month or
26.25% of the |
| 20 | | taxpayer's liability for the same calendar month of the
|
| 21 | | preceding year. The amount of such quarter monthly payments |
| 22 | | shall be
credited against the final tax liability of the |
| 23 | | taxpayer's return for that
month filed under this Section or |
| 24 | | Section 2f, as the case may be. Once
applicable, the |
| 25 | | requirement of the making of quarter monthly payments to
the |
| 26 | | Department pursuant to this paragraph shall continue until |
|
| | HB5501 | - 578 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | such
taxpayer's average monthly prepaid tax collections during |
| 2 | | the preceding 2
complete calendar quarters is $25,000 or less. |
| 3 | | If any such quarter monthly
payment is not paid at the time or |
| 4 | | in the amount required, the taxpayer
shall be liable for |
| 5 | | penalties and interest on such difference, except
insofar as |
| 6 | | the taxpayer has previously made payments for that month in
|
| 7 | | excess of the minimum payments previously due. |
| 8 | | The provisions of this paragraph apply on and after |
| 9 | | October 1, 2001.
Without regard to whether a taxpayer is |
| 10 | | required to make quarter monthly
payments as specified above, |
| 11 | | any taxpayer who is required by Section 2d of this
Act to |
| 12 | | collect and remit prepaid taxes and has collected prepaid |
| 13 | | taxes that
average in excess of $20,000 per month during the |
| 14 | | preceding 4 complete calendar
quarters shall file a return |
| 15 | | with the Department as required by Section 2f
and shall make |
| 16 | | payments to the Department on or before the 7th, 15th, 22nd and
|
| 17 | | last day of the month during which the liability is incurred. |
| 18 | | Each payment
shall be in an amount equal to 22.5% of the |
| 19 | | taxpayer's actual liability for the
month or 25% of the |
| 20 | | taxpayer's liability for the same calendar month of the
|
| 21 | | preceding year. The amount of the quarter monthly payments |
| 22 | | shall be credited
against the final tax liability of the |
| 23 | | taxpayer's return for that month filed
under this Section or |
| 24 | | Section 2f, as the case may be. Once applicable, the
|
| 25 | | requirement of the making of quarter monthly payments to the |
| 26 | | Department
pursuant to this paragraph shall continue until the |
|
| | HB5501 | - 579 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | taxpayer's average monthly
prepaid tax collections during the |
| 2 | | preceding 4 complete calendar quarters
(excluding the month of |
| 3 | | highest liability and the month of lowest liability) is
less |
| 4 | | than $19,000 or until such taxpayer's average monthly |
| 5 | | liability to the
Department as computed for each calendar |
| 6 | | quarter of the 4 preceding complete
calendar quarters is less |
| 7 | | than $20,000. If any such quarter monthly payment is
not paid |
| 8 | | at the time or in the amount required, the taxpayer shall be |
| 9 | | liable
for penalties and interest on such difference, except |
| 10 | | insofar as the taxpayer
has previously made payments for that |
| 11 | | month in excess of the minimum payments
previously due. |
| 12 | | If any payment provided for in this Section exceeds
the |
| 13 | | taxpayer's liabilities under this Act, the Use Tax Act, the |
| 14 | | Service
Occupation Tax Act and the Service Use Tax Act, as |
| 15 | | shown on an original
monthly return, the Department shall, if |
| 16 | | requested by the taxpayer, issue to
the taxpayer a credit |
| 17 | | memorandum no later than 30 days after the date of
payment. The |
| 18 | | credit evidenced by such credit memorandum may
be assigned by |
| 19 | | the taxpayer to a similar taxpayer under this Act, the
Use Tax |
| 20 | | Act, the Service Occupation Tax Act or the Service Use Tax Act, |
| 21 | | in
accordance with reasonable rules and regulations to be |
| 22 | | prescribed by the
Department. If no such request is made, the |
| 23 | | taxpayer may credit such excess
payment against tax liability |
| 24 | | subsequently to be remitted to the Department
under this Act, |
| 25 | | the Use Tax Act, the Service Occupation Tax Act or the
Service |
| 26 | | Use Tax Act, in accordance with reasonable rules and |
|
| | HB5501 | - 580 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | regulations
prescribed by the Department. If the Department |
| 2 | | subsequently determined
that all or any part of the credit |
| 3 | | taken was not actually due to the
taxpayer, the taxpayer's |
| 4 | | 2.1% and 1.75% vendor's discount shall be reduced
by 2.1% or |
| 5 | | 1.75% of the difference between the credit taken and that
|
| 6 | | actually due, and that taxpayer shall be liable for penalties |
| 7 | | and interest
on such difference. |
| 8 | | If a retailer of motor fuel is entitled to a credit under |
| 9 | | Section 2d of
this Act which exceeds the taxpayer's liability |
| 10 | | to the Department under
this Act for the month for which the |
| 11 | | taxpayer is filing a return, the
Department shall issue the |
| 12 | | taxpayer a credit memorandum for the excess. |
| 13 | | Beginning January 1, 1990, each month the Department shall |
| 14 | | pay into
the Local Government Tax Fund, a special fund in the |
| 15 | | State treasury which
is hereby created, the net revenue |
| 16 | | realized for the preceding month from
the 1% tax imposed under |
| 17 | | this Act. |
| 18 | | Beginning January 1, 1990, each month the Department shall |
| 19 | | pay into
the County and Mass Transit District Fund, a special |
| 20 | | fund in the State
treasury which is hereby created, 4% of the |
| 21 | | net revenue realized
for the preceding month from the 6.25% |
| 22 | | general rate other than aviation fuel sold on or after |
| 23 | | December 1, 2019. This exception for aviation fuel only |
| 24 | | applies for so long as the revenue use requirements of 49 |
| 25 | | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. |
| 26 | | Beginning August 1, 2000, each
month the Department shall |
|
| | HB5501 | - 581 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pay into the
County and Mass Transit District Fund 20% of the |
| 2 | | net revenue realized for the
preceding month from the 1.25% |
| 3 | | rate on the selling price of motor fuel and
gasohol. Beginning |
| 4 | | September 1, 2010, each month the Department shall pay into |
| 5 | | the County and Mass Transit District Fund 20% of the net |
| 6 | | revenue realized for the preceding month from the 1.25% rate |
| 7 | | on the selling price of sales tax holiday items. |
| 8 | | Beginning January 1, 1990, each month the Department shall |
| 9 | | pay into
the Local Government Tax Fund 16% of the net revenue |
| 10 | | realized for the
preceding month from the 6.25% general rate |
| 11 | | on the selling price of
tangible personal property other than |
| 12 | | aviation fuel sold on or after December 1, 2019. This |
| 13 | | exception for aviation fuel only applies for so long as the |
| 14 | | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. |
| 15 | | 47133 are binding on the State. |
| 16 | | For aviation fuel sold on or after December 1, 2019, each |
| 17 | | month the Department shall pay into the State Aviation Program |
| 18 | | Fund 20% of the net revenue realized for the preceding month |
| 19 | | from the 6.25% general rate on the selling price of aviation |
| 20 | | fuel, less an amount estimated by the Department to be |
| 21 | | required for refunds of the 20% portion of the tax on aviation |
| 22 | | fuel under this Act, which amount shall be deposited into the |
| 23 | | Aviation Fuel Sales Tax Refund Fund. The Department shall only |
| 24 | | pay moneys into the State Aviation Program Fund and the |
| 25 | | Aviation Fuel Sales Tax Refund Fund under this Act for so long |
| 26 | | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 |
|
| | HB5501 | - 582 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | U.S.C. 47133 are binding on the State. |
| 2 | | Beginning August 1, 2000, each
month the Department shall |
| 3 | | pay into the
Local Government Tax Fund 80% of the net revenue |
| 4 | | realized for the preceding
month from the 1.25% rate on the |
| 5 | | selling price of motor fuel and gasohol. Beginning September |
| 6 | | 1, 2010, each month the Department shall pay into the Local |
| 7 | | Government Tax Fund 80% of the net revenue realized for the |
| 8 | | preceding month from the 1.25% rate on the selling price of |
| 9 | | sales tax holiday items. |
| 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 now taxed at 6.25%. |
| 17 | | Beginning July 1, 2011, each
month the Department shall |
| 18 | | pay into the Clean Air Act Permit Fund 80% of the net revenue |
| 19 | | realized for the
preceding month from the 6.25% general rate |
| 20 | | on the selling price of sorbents used in Illinois in the |
| 21 | | process of sorbent injection as used to comply with the |
| 22 | | Environmental Protection Act or the federal Clean Air Act, but |
| 23 | | the total payment into the Clean Air Act Permit Fund under this |
| 24 | | Act and the Use Tax Act shall not exceed $2,000,000 in any |
| 25 | | fiscal year. |
| 26 | | Beginning July 1, 2013, each month the Department shall |
|
| | HB5501 | - 583 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pay into the Underground Storage Tank Fund from the proceeds |
| 2 | | collected under this Act, the Use Tax Act, the Service Use Tax |
| 3 | | Act, and the Service Occupation Tax Act an amount equal to the |
| 4 | | average monthly deficit in the Underground Storage Tank Fund |
| 5 | | during the prior year, as certified annually by the Illinois |
| 6 | | Environmental Protection Agency, but the total payment into |
| 7 | | the Underground Storage Tank Fund under this Act, the Use Tax |
| 8 | | Act, the Service Use Tax Act, and the Service Occupation Tax |
| 9 | | Act shall not exceed $18,000,000 in any State fiscal year. As |
| 10 | | used in this paragraph, the "average monthly deficit" shall be |
| 11 | | equal to the difference between the average monthly claims for |
| 12 | | payment by the fund and the average monthly revenues deposited |
| 13 | | into the fund, excluding payments made pursuant to this |
| 14 | | paragraph. |
| 15 | | Beginning July 1, 2015, of the remainder of the moneys |
| 16 | | received by the Department under the Use Tax Act, the Service |
| 17 | | Use Tax Act, the Service Occupation Tax Act, and this Act, each |
| 18 | | month the Department shall deposit $500,000 into the State |
| 19 | | Crime Laboratory Fund. |
| 20 | | Of the remainder of the moneys received by the Department |
| 21 | | pursuant
to this Act, (a) 1.75% thereof shall be paid into the |
| 22 | | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on |
| 23 | | and after July 1, 1989,
3.8% thereof shall be paid into the |
| 24 | | Build Illinois Fund; provided, however,
that if in any fiscal |
| 25 | | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case |
| 26 | | may be, of the moneys received by the Department and required |
|
| | HB5501 | - 584 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to
be paid into the Build Illinois Fund pursuant to this Act, |
| 2 | | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax |
| 3 | | Act, and Section 9 of the
Service Occupation Tax Act, such Acts |
| 4 | | being hereinafter called the "Tax
Acts" and such aggregate of |
| 5 | | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter |
| 6 | | called the "Tax Act Amount", and (2) the amount
transferred to |
| 7 | | the Build Illinois Fund from the State and Local Sales Tax
|
| 8 | | Reform Fund shall be less than the Annual Specified Amount (as |
| 9 | | hereinafter
defined), an amount equal to the difference shall |
| 10 | | be immediately paid into
the Build Illinois Fund from other |
| 11 | | moneys received by the Department
pursuant to the Tax Acts; |
| 12 | | the "Annual Specified Amount" means the amounts
specified |
| 13 | | below for fiscal years 1986 through 1993: |
|
| 14 | | Fiscal Year | Annual Specified Amount | |
| 15 | | 1986 | $54,800,000 | |
| 16 | | 1987 | $76,650,000 | |
| 17 | | 1988 | $80,480,000 | |
| 18 | | 1989 | $88,510,000 | |
| 19 | | 1990 | $115,330,000 | |
| 20 | | 1991 | $145,470,000 | |
| 21 | | 1992 | $182,730,000 | |
| 22 | | 1993 | $206,520,000; |
|
| 23 | | and means the Certified Annual Debt Service Requirement (as |
| 24 | | defined in
Section 13 of the Build Illinois Bond Act) or the |
| 25 | | Tax Act Amount, whichever
is greater, for fiscal year 1994 and |
| 26 | | each fiscal year thereafter; and
further provided, that if on |
|
| | HB5501 | - 585 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the last business day of any month the sum of
(1) the Tax Act |
| 2 | | Amount required to be deposited into the Build Illinois
Bond |
| 3 | | Account in the Build Illinois Fund during such month and (2) |
| 4 | | the
amount transferred to the Build Illinois Fund from the |
| 5 | | State and Local
Sales Tax Reform Fund shall have been less than |
| 6 | | 1/12 of the Annual
Specified Amount, 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 in no
event shall the |
| 10 | | payments required under the preceding proviso result in
|
| 11 | | aggregate payments into the Build Illinois Fund pursuant to |
| 12 | | this clause (b)
for any fiscal year in excess of the greater of |
| 13 | | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for |
| 14 | | such fiscal year. The amounts payable
into the Build Illinois |
| 15 | | Fund under clause (b) of the first sentence in this
paragraph |
| 16 | | shall be payable only until such time as the aggregate amount |
| 17 | | on
deposit under each trust indenture securing Bonds issued |
| 18 | | and outstanding
pursuant to the Build Illinois Bond Act is |
| 19 | | sufficient, taking into account
any future investment income, |
| 20 | | to fully provide, in accordance with such
indenture, for the |
| 21 | | defeasance of or the payment of the principal of,
premium, if |
| 22 | | any, and interest on the Bonds secured by such indenture and on
|
| 23 | | any Bonds expected to be issued thereafter and all fees and |
| 24 | | costs payable
with respect thereto, all as certified by the |
| 25 | | Director of the Bureau of the
Budget (now Governor's Office of |
| 26 | | Management and Budget). If on the last
business day of any |
|
| | HB5501 | - 586 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | month in which Bonds are
outstanding pursuant to the Build |
| 2 | | Illinois Bond Act, the aggregate of
moneys deposited in the |
| 3 | | Build Illinois Bond Account in the Build Illinois
Fund in such |
| 4 | | month shall be less than the amount required to be transferred
|
| 5 | | in such month from the Build Illinois Bond Account to the Build |
| 6 | | Illinois
Bond Retirement and Interest Fund pursuant to Section |
| 7 | | 13 of the Build
Illinois Bond Act, an amount equal to such |
| 8 | | deficiency shall be immediately
paid from other moneys |
| 9 | | received by the Department pursuant to the Tax Acts
to the |
| 10 | | Build Illinois Fund; provided, however, that any amounts paid |
| 11 | | to the
Build Illinois Fund in any fiscal year pursuant to this |
| 12 | | sentence shall be
deemed to constitute payments pursuant to |
| 13 | | clause (b) of the first sentence
of this paragraph and shall |
| 14 | | reduce the amount otherwise payable for such
fiscal year |
| 15 | | pursuant to that clause (b). The moneys received by the
|
| 16 | | Department pursuant to this Act and required to be deposited |
| 17 | | into the Build
Illinois Fund are subject to the pledge, claim |
| 18 | | and charge set forth in
Section 12 of the Build Illinois Bond |
| 19 | | 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 sums designated as "Total Deposit", shall be |
|
| | HB5501 | - 589 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | thereafter that bonds | | |
|
| 2 | | are outstanding under | | |
|
| 3 | | Section 13.2 of the | | |
|
| 4 | | Metropolitan Pier and | | |
|
| 5 | | Exposition Authority Act, | | |
|
| 6 | | but not after fiscal year 2060. | | |
|
| 7 | | Beginning July 20, 1993 and in each month of each fiscal |
| 8 | | year thereafter,
one-eighth of the amount requested in the |
| 9 | | certificate of the Chairman of
the Metropolitan Pier and |
| 10 | | Exposition Authority for that fiscal year, less
the amount |
| 11 | | deposited into the McCormick Place Expansion Project Fund by |
| 12 | | the
State Treasurer in the respective month under subsection |
| 13 | | (g) of Section 13
of the Metropolitan Pier and Exposition |
| 14 | | Authority Act, plus cumulative
deficiencies in the deposits |
| 15 | | required under this Section for previous
months and years, |
| 16 | | shall be deposited into the McCormick Place Expansion
Project |
| 17 | | Fund, until the full amount requested for the fiscal year, but |
| 18 | | not
in excess of the amount specified above as "Total |
| 19 | | Deposit", has been deposited. |
| 20 | | Subject to payment of amounts into the Capital Projects |
| 21 | | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, |
| 22 | | and the McCormick Place Expansion Project Fund pursuant to the |
| 23 | | preceding paragraphs or in any amendments thereto hereafter |
| 24 | | enacted, for aviation fuel sold on or after December 1, 2019, |
| 25 | | the Department shall each month deposit into the Aviation Fuel |
| 26 | | Sales Tax Refund Fund an amount estimated by the Department to |
|
| | HB5501 | - 590 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be required for refunds of the 80% portion of the tax on |
| 2 | | aviation fuel under this Act. The Department shall only |
| 3 | | deposit moneys into the Aviation Fuel Sales Tax Refund Fund |
| 4 | | under this paragraph for so long as the revenue use |
| 5 | | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are |
| 6 | | binding on the State. |
| 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 |
| 12 | | Tax Increment Fund 0.27% of 80% of the net revenue
realized for |
| 13 | | the 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 |
| 20 | | 25-year
period, the Department shall each month pay into the |
| 21 | | Energy Infrastructure
Fund 80% of the net revenue realized |
| 22 | | from the 6.25% general rate on the
selling price of |
| 23 | | Illinois-mined coal that was sold to an eligible business.
For |
| 24 | | purposes of this paragraph, the term "eligible business" means |
| 25 | | a new
electric generating facility certified pursuant to |
| 26 | | Section 605-332 of the
Department of Commerce and Economic |
|
| | HB5501 | - 591 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Opportunity
Law of the Civil Administrative Code of Illinois. |
| 2 | | Subject to payment of amounts into the Build Illinois |
| 3 | | Fund, the McCormick Place Expansion Project Fund, the Illinois |
| 4 | | Tax Increment Fund, and the Energy Infrastructure Fund |
| 5 | | pursuant to the preceding paragraphs or in any amendments to |
| 6 | | this Section hereafter enacted, beginning on the first day of |
| 7 | | the first calendar month to occur on or after August 26, 2014 |
| 8 | | (the effective date of Public Act 98-1098), each month, from |
| 9 | | the collections made under Section 9 of the Use Tax Act, |
| 10 | | Section 9 of the Service Use Tax Act, Section 9 of the Service |
| 11 | | Occupation Tax Act, and Section 3 of the Retailers' Occupation |
| 12 | | Tax Act, the Department shall pay into the Tax Compliance and |
| 13 | | Administration Fund, to be used, subject to appropriation, to |
| 14 | | fund additional auditors and compliance personnel at the |
| 15 | | Department of Revenue, an amount equal to 1/12 of 5% of 80% of |
| 16 | | the cash receipts collected during the preceding fiscal year |
| 17 | | by the Audit Bureau of the Department under the Use Tax Act, |
| 18 | | the Service Use Tax Act, the Service Occupation Tax Act, the |
| 19 | | Retailers' Occupation Tax Act, and associated local occupation |
| 20 | | and use taxes administered by the Department. |
| 21 | | Subject to payments of amounts into the Build Illinois |
| 22 | | Fund, the McCormick Place Expansion Project Fund, the Illinois |
| 23 | | Tax Increment Fund, the Energy Infrastructure Fund, and the |
| 24 | | Tax Compliance and Administration Fund as provided in this |
| 25 | | Section, beginning on July 1, 2018 the Department shall pay |
| 26 | | each month into the Downstate Public Transportation Fund the |
|
| | HB5501 | - 592 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | moneys required to be so paid under Section 2-3 of the |
| 2 | | Downstate Public Transportation Act. |
| 3 | | Subject to successful execution and delivery of a |
| 4 | | public-private agreement between the public agency and private |
| 5 | | entity and completion of the civic build, beginning on July 1, |
| 6 | | 2023, of the remainder of the moneys received by the |
| 7 | | Department under the Use Tax Act, the Service Use Tax Act, the |
| 8 | | Service Occupation Tax Act, and this Act, the Department shall |
| 9 | | deposit the following specified deposits in the aggregate from |
| 10 | | collections under the Use Tax Act, the Service Use Tax Act, the |
| 11 | | Service Occupation Tax Act, and the Retailers' Occupation Tax |
| 12 | | Act, as required under Section 8.25g of the State Finance Act |
| 13 | | for distribution consistent with the Public-Private |
| 14 | | Partnership for Civic and Transit Infrastructure Project Act. |
| 15 | | The moneys received by the Department pursuant to this Act and |
| 16 | | required to be deposited into the Civic and Transit |
| 17 | | Infrastructure Fund are subject to the pledge, claim and |
| 18 | | charge set forth in Section 25-55 of the Public-Private |
| 19 | | Partnership for Civic and Transit Infrastructure Project Act. |
| 20 | | As used in this paragraph, "civic build", "private entity", |
| 21 | | "public-private agreement", and "public agency" have the |
| 22 | | meanings provided in Section 25-10 of the Public-Private |
| 23 | | Partnership for Civic and Transit Infrastructure Project Act. |
| 24 | | Fiscal Year.............................Total Deposit |
| 25 | | 2024.....................................$200,000,000 |
| 26 | | 2025....................................$206,000,000 |
|
| | HB5501 | - 593 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 2026....................................$212,200,000 |
| 2 | | 2027....................................$218,500,000 |
| 3 | | 2028....................................$225,100,000 |
| 4 | | 2029....................................$288,700,000 |
| 5 | | 2030....................................$298,900,000 |
| 6 | | 2031....................................$309,300,000 |
| 7 | | 2032....................................$320,100,000 |
| 8 | | 2033....................................$331,200,000 |
| 9 | | 2034....................................$341,200,000 |
| 10 | | 2035....................................$351,400,000 |
| 11 | | 2036....................................$361,900,000 |
| 12 | | 2037....................................$372,800,000 |
| 13 | | 2038....................................$384,000,000 |
| 14 | | 2039....................................$395,500,000 |
| 15 | | 2040....................................$407,400,000 |
| 16 | | 2041....................................$419,600,000 |
| 17 | | 2042....................................$432,200,000 |
| 18 | | 2043....................................$445,100,000 |
| 19 | | Beginning July 1, 2021 and until July 1, 2022, subject to |
| 20 | | the payment of amounts into the County and Mass Transit |
| 21 | | District Fund, the Local Government Tax Fund, the Build |
| 22 | | Illinois Fund, the McCormick Place Expansion Project Fund, the |
| 23 | | Illinois Tax Increment Fund, the Energy Infrastructure Fund, |
| 24 | | and the Tax Compliance and Administration Fund as provided in |
| 25 | | this Section, the Department shall pay each month into the |
| 26 | | Road Fund the amount estimated to represent 16% of the net |
|
| | HB5501 | - 594 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | revenue realized from the taxes imposed on motor fuel and |
| 2 | | gasohol. Beginning July 1, 2022 and until July 1, 2023, |
| 3 | | subject to the payment of amounts into the County and Mass |
| 4 | | Transit District Fund, the Local Government Tax Fund, the |
| 5 | | Build Illinois Fund, the McCormick Place Expansion Project |
| 6 | | Fund, the Illinois Tax Increment Fund, the Energy |
| 7 | | Infrastructure Fund, and the Tax Compliance and Administration |
| 8 | | Fund as provided in this Section, the Department shall pay |
| 9 | | each month into the Road Fund the amount estimated to |
| 10 | | represent 32% of the net revenue realized from the taxes |
| 11 | | imposed on motor fuel and gasohol. Beginning July 1, 2023 and |
| 12 | | until July 1, 2024, subject to the payment of amounts into the |
| 13 | | County and Mass Transit District Fund, the Local Government |
| 14 | | Tax Fund, the Build Illinois Fund, the McCormick Place |
| 15 | | Expansion Project Fund, the Illinois Tax Increment Fund, the |
| 16 | | Energy Infrastructure Fund, and the Tax Compliance and |
| 17 | | Administration Fund as provided in this Section, the |
| 18 | | Department shall pay each month into the Road Fund the amount |
| 19 | | estimated to represent 48% of the net revenue realized from |
| 20 | | the taxes imposed on motor fuel and gasohol. Beginning July 1, |
| 21 | | 2024 and until July 1, 2025, subject to the payment of amounts |
| 22 | | into the County and Mass Transit District Fund, the Local |
| 23 | | Government Tax Fund, the Build Illinois Fund, the McCormick |
| 24 | | Place Expansion Project Fund, the Illinois Tax Increment Fund, |
| 25 | | the Energy Infrastructure Fund, and the Tax Compliance and |
| 26 | | Administration Fund as provided in this Section, the |
|
| | HB5501 | - 595 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department shall pay each month into the Road Fund the amount |
| 2 | | estimated to represent 64% of the net revenue realized from |
| 3 | | the taxes imposed on motor fuel and gasohol. Beginning on July |
| 4 | | 1, 2025, subject to the payment of amounts into the County and |
| 5 | | Mass Transit District Fund, the Local Government Tax Fund, the |
| 6 | | Build Illinois Fund, the McCormick Place Expansion Project |
| 7 | | Fund, the Illinois Tax Increment Fund, the Energy |
| 8 | | Infrastructure Fund, and the Tax Compliance and Administration |
| 9 | | Fund as provided in this Section, the Department shall pay |
| 10 | | each month into the Road Fund the amount estimated to |
| 11 | | represent 80% of the net revenue realized from the taxes |
| 12 | | imposed on motor fuel and gasohol. As used in this paragraph |
| 13 | | "motor fuel" has the meaning given to that term in Section 1.1 |
| 14 | | of the Motor Fuel Tax Act, and "gasohol" has the meaning given |
| 15 | | to that term in Section 3-40 of the Use Tax Act. |
| 16 | | Of the remainder of the moneys received by the Department |
| 17 | | pursuant to
this Act, 75% thereof shall be paid into the State |
| 18 | | Treasury and 25% shall
be reserved in a special account and |
| 19 | | used only for the transfer to the
Common School Fund as part of |
| 20 | | the monthly transfer from the General Revenue
Fund in |
| 21 | | accordance with Section 8a of the State Finance Act. |
| 22 | | The Department may, upon separate written notice to a |
| 23 | | taxpayer,
require the taxpayer to prepare and file with the |
| 24 | | Department on a form
prescribed by the Department within not |
| 25 | | less than 60 days after receipt
of the notice an annual |
| 26 | | information return for the tax year specified in
the notice. |
|
| | HB5501 | - 596 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Such annual return to the Department shall include a
statement |
| 2 | | of gross receipts as shown by the retailer's last Federal |
| 3 | | income
tax return. If the total receipts of the business as |
| 4 | | reported in the
Federal income tax return do not agree with the |
| 5 | | gross receipts reported to
the Department of Revenue for the |
| 6 | | same period, the retailer shall attach
to his annual return a |
| 7 | | schedule showing a reconciliation of the 2
amounts and the |
| 8 | | reasons for the difference. The retailer's annual
return to |
| 9 | | the Department shall also disclose the cost of goods sold by
|
| 10 | | the retailer during the year covered by such return, opening |
| 11 | | and closing
inventories of such goods for such year, costs of |
| 12 | | goods used from stock
or taken from stock and given away by the |
| 13 | | retailer during such year,
payroll information of the |
| 14 | | retailer's business during such year and any
additional |
| 15 | | reasonable information which the Department deems would be
|
| 16 | | helpful in determining the accuracy of the monthly, quarterly |
| 17 | | or annual
returns filed by such retailer as provided for in |
| 18 | | this Section. |
| 19 | | If the annual information return required by this Section |
| 20 | | is not
filed when and as required, the taxpayer shall be liable |
| 21 | | as follows: |
| 22 | | (i) Until January 1, 1994, the taxpayer shall be |
| 23 | | liable
for a penalty equal to 1/6 of 1% of the tax due from |
| 24 | | such taxpayer under
this Act during the period to be |
| 25 | | covered by the annual return for each
month or fraction of |
| 26 | | a month until such return is filed as required, the
|
|
| | HB5501 | - 597 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | penalty to be assessed and collected in the same manner as |
| 2 | | any other
penalty provided for in this Act. |
| 3 | | (ii) On and after January 1, 1994, the taxpayer shall |
| 4 | | be
liable for a penalty as described in Section 3-4 of the |
| 5 | | Uniform Penalty and
Interest Act. |
| 6 | | The chief executive officer, proprietor, owner or highest |
| 7 | | ranking
manager shall sign the annual return to certify the |
| 8 | | accuracy of the
information contained therein. Any person who |
| 9 | | willfully signs the
annual return containing false or |
| 10 | | inaccurate information shall be guilty
of perjury and punished |
| 11 | | accordingly. The annual return form prescribed
by the |
| 12 | | Department shall include a warning that the person signing the
|
| 13 | | return may be liable for perjury. |
| 14 | | The provisions of this Section concerning the filing of an |
| 15 | | annual
information return do not apply to a retailer who is not |
| 16 | | required to
file an income tax return with the United States |
| 17 | | Government. |
| 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 |
|
| | HB5501 | - 598 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | paid out during that month as
refunds to taxpayers for |
| 2 | | overpayment of liability. |
| 3 | | For greater simplicity of administration, manufacturers, |
| 4 | | importers
and wholesalers whose products are sold at retail in |
| 5 | | Illinois by
numerous retailers, and who wish to do so, may |
| 6 | | assume the responsibility
for accounting and paying to the |
| 7 | | Department all tax accruing under this
Act with respect to |
| 8 | | such sales, if the retailers who are affected do not
make |
| 9 | | written objection to the Department to this arrangement. |
| 10 | | Any person who promotes, organizes, provides retail |
| 11 | | selling space for
concessionaires or other types of sellers at |
| 12 | | the Illinois State Fair, DuQuoin
State Fair, county fairs, |
| 13 | | local fairs, art shows, flea markets and similar
exhibitions |
| 14 | | or events, including any transient merchant as defined by |
| 15 | | Section 2
of the Transient Merchant Act of 1987, is required to |
| 16 | | file a report with the
Department providing the name of the |
| 17 | | merchant's business, the name of the
person or persons engaged |
| 18 | | in merchant's business, the permanent address and
Illinois |
| 19 | | Retailers Occupation Tax Registration Number of the merchant, |
| 20 | | the
dates and location of the event and other reasonable |
| 21 | | information that the
Department may require. The report must |
| 22 | | be filed not later than the 20th day
of the month next |
| 23 | | following the month during which the event with retail sales
|
| 24 | | was held. Any person who fails to file a report required by |
| 25 | | this Section
commits a business offense and is subject to a |
| 26 | | fine not to exceed $250. |
|
| | HB5501 | - 599 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Any person engaged in the business of selling tangible |
| 2 | | personal
property at retail as a concessionaire or other type |
| 3 | | of seller at the
Illinois State Fair, county fairs, art shows, |
| 4 | | flea markets and similar
exhibitions or events, or any |
| 5 | | transient merchants, as defined by Section 2
of the Transient |
| 6 | | Merchant Act of 1987, may be required to make a daily report
of |
| 7 | | the amount of such sales to the Department and to make a daily |
| 8 | | payment of
the full amount of tax due. The Department shall |
| 9 | | impose this
requirement when it finds that there is a |
| 10 | | significant risk of loss of
revenue to the State at such an |
| 11 | | exhibition or event. Such a finding
shall be based on evidence |
| 12 | | that a substantial number of concessionaires
or other sellers |
| 13 | | who are not residents of Illinois will be engaging in
the |
| 14 | | business of selling tangible personal property at retail at |
| 15 | | the
exhibition or event, or other evidence of a significant |
| 16 | | risk of loss of revenue
to the State. The Department shall |
| 17 | | notify concessionaires and other sellers
affected by the |
| 18 | | imposition of this requirement. In the absence of
notification |
| 19 | | by the Department, the concessionaires and other sellers
shall |
| 20 | | file their returns as otherwise required in this Section. |
| 21 | | (Source: P.A. 101-10, Article 15, Section 15-25, eff. 6-5-19; |
| 22 | | 101-10, Article 25, Section 25-120, eff. 6-5-19; 101-27, eff. |
| 23 | | 6-25-19; 101-32, eff. 6-28-19; 101-604, eff. 12-13-19; |
| 24 | | 101-636, eff. 6-10-20; 102-634, eff. 8-27-21; revised |
| 25 | | 12-7-21.)
|
|
| | HB5501 | - 600 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 260. The Property Tax Code is amended by changing |
| 2 | | Sections 18-185, 21-260, and 22-10 as follows:
|
| 3 | | (35 ILCS 200/18-185)
|
| 4 | | Sec. 18-185. Short title; definitions. This Division 5 |
| 5 | | may be cited as the
Property Tax Extension Limitation Law. As |
| 6 | | used in this Division 5:
|
| 7 | | "Consumer Price Index" means the Consumer Price Index for |
| 8 | | All Urban
Consumers for all items published by the United |
| 9 | | States Department of Labor.
|
| 10 | | "Extension limitation" means (a) the lesser of 5% or the |
| 11 | | percentage increase
in the Consumer Price Index during the |
| 12 | | 12-month calendar year preceding the
levy year or (b) the rate |
| 13 | | of increase approved by voters under Section 18-205.
|
| 14 | | "Affected county" means a county of 3,000,000 or more |
| 15 | | inhabitants or a
county contiguous to a county of 3,000,000 or |
| 16 | | more inhabitants.
|
| 17 | | "Taxing district" has the same meaning provided in Section |
| 18 | | 1-150, except as
otherwise provided in this Section. For the |
| 19 | | 1991 through 1994 levy years only,
"taxing district" includes |
| 20 | | only each non-home rule taxing district having the
majority of |
| 21 | | its
1990 equalized assessed value within any county or |
| 22 | | counties contiguous to a
county with 3,000,000 or more |
| 23 | | inhabitants. Beginning with the 1995 levy
year, "taxing |
| 24 | | district" includes only each non-home rule taxing district
|
| 25 | | subject to this Law before the 1995 levy year and each non-home |
|
| | HB5501 | - 601 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rule
taxing district not subject to this Law before the 1995 |
| 2 | | levy year having the
majority of its 1994 equalized assessed |
| 3 | | value in an affected county or
counties. Beginning with the |
| 4 | | levy year in
which this Law becomes applicable to a taxing |
| 5 | | district as
provided in Section 18-213, "taxing district" also |
| 6 | | includes those taxing
districts made subject to this Law as |
| 7 | | provided in Section 18-213.
|
| 8 | | "Aggregate extension" for taxing districts to which this |
| 9 | | Law applied before
the 1995 levy year means the annual |
| 10 | | corporate extension for the taxing
district and those special |
| 11 | | purpose extensions that are made annually for
the taxing |
| 12 | | district, excluding special purpose extensions: (a) made for |
| 13 | | the
taxing district to pay interest or principal on general |
| 14 | | obligation bonds
that were approved by referendum; (b) made |
| 15 | | for any taxing district to pay
interest or principal on |
| 16 | | general obligation bonds issued before October 1,
1991; (c) |
| 17 | | made for any taxing district to pay interest or principal on |
| 18 | | bonds
issued to refund or continue to refund those bonds |
| 19 | | issued before October 1,
1991; (d)
made for any taxing |
| 20 | | district to pay interest or principal on bonds
issued to |
| 21 | | refund or continue to refund bonds issued after October 1, |
| 22 | | 1991 that
were approved by referendum; (e)
made for any taxing |
| 23 | | district to pay interest
or principal on revenue bonds issued |
| 24 | | before October 1, 1991 for payment of
which a property tax levy |
| 25 | | or the full faith and credit of the unit of local
government is |
| 26 | | pledged; however, a tax for the payment of interest or |
|
| | HB5501 | - 602 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | principal
on those bonds shall be made only after the |
| 2 | | governing body of the unit of local
government finds that all |
| 3 | | other sources for payment are insufficient to make
those |
| 4 | | payments; (f) made for payments under a building commission |
| 5 | | lease when
the lease payments are for the retirement of bonds |
| 6 | | issued by the commission
before October 1, 1991, to pay for the |
| 7 | | building project; (g) made for payments
due under installment |
| 8 | | contracts entered into before October 1, 1991;
(h) made for |
| 9 | | payments of principal and interest on bonds issued under the
|
| 10 | | Metropolitan Water Reclamation District Act to finance |
| 11 | | construction projects
initiated before October 1, 1991; (i) |
| 12 | | made for payments of principal and
interest on limited bonds, |
| 13 | | as defined in Section 3 of the Local Government Debt
Reform |
| 14 | | Act, in an amount not to exceed the debt service extension base |
| 15 | | less
the amount in items (b), (c), (e), and (h) of this |
| 16 | | definition for
non-referendum obligations, except obligations |
| 17 | | initially issued pursuant to
referendum; (j) made for payments |
| 18 | | of principal and interest on bonds
issued under Section 15 of |
| 19 | | the Local Government Debt Reform Act; (k)
made
by a school |
| 20 | | district that participates in the Special Education District |
| 21 | | of
Lake County, created by special education joint agreement |
| 22 | | under Section
10-22.31 of the School Code, for payment of the |
| 23 | | school district's share of the
amounts required to be |
| 24 | | contributed by the Special Education District of Lake
County |
| 25 | | to the Illinois Municipal Retirement Fund under Article 7 of |
| 26 | | the
Illinois Pension Code; the amount of any extension under |
|
| | HB5501 | - 603 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this item (k) shall be
certified by the school district to the |
| 2 | | county clerk; (l) made to fund
expenses of providing joint |
| 3 | | recreational programs for persons with disabilities under
|
| 4 | | Section 5-8 of
the
Park District Code or Section 11-95-14 of |
| 5 | | the Illinois Municipal Code; (m) made for temporary relocation |
| 6 | | loan repayment purposes pursuant to Sections 2-3.77 and |
| 7 | | 17-2.2d of the School Code; (n) made for payment of principal |
| 8 | | and interest on any bonds issued under the authority of |
| 9 | | Section 17-2.2d of the School Code; (o) made for contributions |
| 10 | | to a firefighter's pension fund created under Article 4 of the |
| 11 | | Illinois Pension Code, to the extent of the amount certified |
| 12 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
| 13 | | and (p) made for road purposes in the first year after a |
| 14 | | township assumes the rights, powers, duties, assets, property, |
| 15 | | liabilities, obligations, and
responsibilities of a road |
| 16 | | district abolished under the provisions of Section 6-133 of |
| 17 | | the Illinois Highway Code.
|
| 18 | | "Aggregate extension" for the taxing districts to which |
| 19 | | this Law did not
apply before the 1995 levy year (except taxing |
| 20 | | districts subject to this Law
in
accordance with Section |
| 21 | | 18-213) means the annual corporate extension for the
taxing |
| 22 | | district and those special purpose extensions that are made |
| 23 | | annually for
the taxing district, excluding special purpose |
| 24 | | extensions: (a) made for the
taxing district to pay interest |
| 25 | | or principal on general obligation bonds that
were approved by |
| 26 | | referendum; (b) made for any taxing district to pay interest
|
|
| | HB5501 | - 604 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or principal on general obligation bonds issued before March |
| 2 | | 1, 1995; (c) made
for any taxing district to pay interest or |
| 3 | | principal on bonds issued to refund
or continue to refund |
| 4 | | those bonds issued before March 1, 1995; (d) made for any
|
| 5 | | taxing district to pay interest or principal on bonds issued |
| 6 | | to refund or
continue to refund bonds issued after March 1, |
| 7 | | 1995 that were approved by
referendum; (e) made for any taxing |
| 8 | | district to pay interest or principal on
revenue bonds issued |
| 9 | | before March 1, 1995 for payment of which a property tax
levy |
| 10 | | or the full faith and credit of the unit of local government is |
| 11 | | pledged;
however, a tax for the payment of interest or |
| 12 | | principal on those bonds shall be
made only after the |
| 13 | | governing body of the unit of local government finds that
all |
| 14 | | other sources for payment are insufficient to make those |
| 15 | | payments; (f) made
for payments under a building commission |
| 16 | | lease when the lease payments are for
the retirement of bonds |
| 17 | | issued by the commission before March 1, 1995 to
pay for the |
| 18 | | building project; (g) made for payments due under installment
|
| 19 | | contracts entered into before March 1, 1995; (h) made for |
| 20 | | payments of
principal and interest on bonds issued under the |
| 21 | | Metropolitan Water Reclamation
District Act to finance |
| 22 | | construction projects initiated before October 1,
1991; (h-4) |
| 23 | | made for stormwater management purposes by the Metropolitan |
| 24 | | Water Reclamation District of Greater Chicago under Section 12 |
| 25 | | of the Metropolitan Water Reclamation District Act; (i) made |
| 26 | | for payments of principal and interest on limited bonds,
as |
|
| | HB5501 | - 605 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | defined in Section 3 of the Local Government Debt Reform Act, |
| 2 | | in an amount
not to exceed the debt service extension base less |
| 3 | | the amount in items (b),
(c), and (e) of this definition for |
| 4 | | non-referendum obligations, except
obligations initially |
| 5 | | issued pursuant to referendum and bonds described in
|
| 6 | | subsection (h) of this definition; (j) made for payments of
|
| 7 | | principal and interest on bonds issued under Section 15 of the |
| 8 | | Local Government
Debt Reform Act; (k) made for payments of |
| 9 | | principal and interest on bonds
authorized by Public Act |
| 10 | | 88-503 and issued under Section 20a of the Chicago
Park |
| 11 | | District Act for aquarium or
museum projects and bonds issued |
| 12 | | under Section 20a of the Chicago Park District Act for the |
| 13 | | purpose of making contributions to the pension fund |
| 14 | | established under Article 12 of the Illinois Pension Code; (l) |
| 15 | | made for payments of principal and interest on
bonds
|
| 16 | | authorized by Public Act 87-1191 or 93-601 and (i) issued |
| 17 | | pursuant to Section 21.2 of the Cook County Forest
Preserve |
| 18 | | District Act, (ii) issued under Section 42 of the Cook County
|
| 19 | | Forest Preserve District Act for zoological park projects, or |
| 20 | | (iii) issued
under Section 44.1 of the Cook County Forest |
| 21 | | Preserve District Act for
botanical gardens projects; (m) made
|
| 22 | | pursuant
to Section 34-53.5 of the School Code, whether levied |
| 23 | | annually or not;
(n) made to fund expenses of providing joint |
| 24 | | recreational programs for persons with disabilities under |
| 25 | | Section 5-8 of the Park
District Code or Section 11-95-14 of |
| 26 | | the Illinois Municipal Code;
(o) made by the
Chicago Park
|
|
| | HB5501 | - 606 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | District for recreational programs for persons with |
| 2 | | disabilities under subsection (c) of
Section
7.06 of the |
| 3 | | Chicago Park District Act; (p) made for contributions to a |
| 4 | | firefighter's pension fund created under Article 4 of the |
| 5 | | Illinois Pension Code, to the extent of the amount certified |
| 6 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
| 7 | | (q) made by Ford Heights School District 169 under Section |
| 8 | | 17-9.02 of the School Code; and (r) made for the purpose of |
| 9 | | making employer contributions to the Public School Teachers' |
| 10 | | Pension and Retirement Fund of Chicago under Section 34-53 of |
| 11 | | the School Code.
|
| 12 | | "Aggregate extension" for all taxing districts to which |
| 13 | | this Law applies in
accordance with Section 18-213, except for |
| 14 | | those taxing districts subject to
paragraph (2) of subsection |
| 15 | | (e) of Section 18-213, means the annual corporate
extension |
| 16 | | for the
taxing district and those special purpose extensions |
| 17 | | that are made annually for
the taxing district, excluding |
| 18 | | special purpose extensions: (a) made for the
taxing district |
| 19 | | to pay interest or principal on general obligation bonds that
|
| 20 | | were approved by referendum; (b) made for any taxing district |
| 21 | | to pay interest
or principal on general obligation bonds |
| 22 | | issued before the date on which the
referendum making this
Law |
| 23 | | applicable to the taxing district is held; (c) made
for any |
| 24 | | taxing district to pay interest or principal on bonds issued |
| 25 | | to refund
or continue to refund those bonds issued before the |
| 26 | | date on which the
referendum making this Law
applicable to the |
|
| | HB5501 | - 607 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | taxing district is held;
(d) made for any
taxing district to |
| 2 | | pay interest or principal on bonds issued to refund or
|
| 3 | | continue to refund bonds issued after the date on which the |
| 4 | | referendum making
this Law
applicable to the taxing district |
| 5 | | is held if the bonds were approved by
referendum after the date |
| 6 | | on which the referendum making this Law
applicable to the |
| 7 | | taxing district is held; (e) made for any
taxing district to |
| 8 | | pay interest or principal on
revenue bonds issued before the |
| 9 | | date on which the referendum making this Law
applicable to the
|
| 10 | | taxing district is held for payment of which a property tax
|
| 11 | | levy or the full faith and credit of the unit of local |
| 12 | | government is pledged;
however, a tax for the payment of |
| 13 | | interest or principal on those bonds shall be
made only after |
| 14 | | the governing body of the unit of local government finds that
|
| 15 | | all other sources for payment are insufficient to make those |
| 16 | | payments; (f) made
for payments under a building commission |
| 17 | | lease when the lease payments are for
the retirement of bonds |
| 18 | | issued by the commission before the date on which the
|
| 19 | | referendum making this
Law applicable to the taxing district |
| 20 | | is held to
pay for the building project; (g) made for payments |
| 21 | | due under installment
contracts entered into before the date |
| 22 | | on which the referendum making this Law
applicable to
the |
| 23 | | taxing district is held;
(h) made for payments
of principal |
| 24 | | and interest on limited bonds,
as defined in Section 3 of the |
| 25 | | Local Government Debt Reform Act, in an amount
not to exceed |
| 26 | | the debt service extension base less the amount in items (b),
|
|
| | HB5501 | - 608 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (c), and (e) of this definition for non-referendum |
| 2 | | obligations, except
obligations initially issued pursuant to |
| 3 | | referendum; (i) made for payments
of
principal and interest on |
| 4 | | bonds issued under Section 15 of the Local Government
Debt |
| 5 | | Reform Act;
(j)
made for a qualified airport authority to pay |
| 6 | | interest or principal on
general obligation bonds issued for |
| 7 | | the purpose of paying obligations due
under, or financing |
| 8 | | airport facilities required to be acquired, constructed,
|
| 9 | | installed or equipped pursuant to, contracts entered into |
| 10 | | before March
1, 1996 (but not including any amendments to such |
| 11 | | a contract taking effect on
or after that date); (k) made to |
| 12 | | fund expenses of providing joint
recreational programs for |
| 13 | | persons with disabilities under Section 5-8 of
the
Park |
| 14 | | District Code or Section 11-95-14 of the Illinois Municipal |
| 15 | | Code; (l) made for contributions to a firefighter's pension |
| 16 | | fund created under Article 4 of the Illinois Pension Code, to |
| 17 | | the extent of the amount certified under item (5) of Section |
| 18 | | 4-134 of the Illinois Pension Code; and (m) made for the taxing |
| 19 | | district to pay interest or principal on general obligation |
| 20 | | bonds issued pursuant to Section 19-3.10 of the School Code.
|
| 21 | | "Aggregate extension" for all taxing districts to which |
| 22 | | this Law applies in
accordance with paragraph (2) of |
| 23 | | subsection (e) of Section 18-213 means the
annual corporate |
| 24 | | extension for the
taxing district and those special purpose |
| 25 | | extensions that are made annually for
the taxing district, |
| 26 | | excluding special purpose extensions: (a) made for the
taxing |
|
| | HB5501 | - 609 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | district to pay interest or principal on general obligation |
| 2 | | bonds that
were approved by referendum; (b) made for any |
| 3 | | taxing district to pay interest
or principal on general |
| 4 | | obligation bonds issued before March 7, 1997 (the effective |
| 5 | | date of Public Act 89-718);
(c) made
for any taxing district to |
| 6 | | pay interest or principal on bonds issued to refund
or |
| 7 | | continue to refund those bonds issued before March 7, 1997 |
| 8 | | (the effective date
of Public Act 89-718);
(d) made for any
|
| 9 | | taxing district to pay interest or principal on bonds issued |
| 10 | | to refund or
continue to refund bonds issued after March 7, |
| 11 | | 1997 (the effective date of Public Act 89-718) if the bonds |
| 12 | | were approved by referendum after March 7, 1997 (the effective |
| 13 | | date of Public Act 89-718);
(e) made for any
taxing district to |
| 14 | | pay interest or principal on
revenue bonds issued before March |
| 15 | | 7, 1997 (the effective date of Public Act 89-718)
for payment |
| 16 | | of which a property tax
levy or the full faith and credit of |
| 17 | | the unit of local government is pledged;
however, a tax for the |
| 18 | | payment of interest or principal on those bonds shall be
made |
| 19 | | only after the governing body of the unit of local government |
| 20 | | finds that
all other sources for payment are insufficient to |
| 21 | | make those payments; (f) made
for payments under a building |
| 22 | | commission lease when the lease payments are for
the |
| 23 | | retirement of bonds issued by the commission before March 7, |
| 24 | | 1997 (the effective date
of Public Act 89-718)
to
pay for the |
| 25 | | building project; (g) made for payments due under installment
|
| 26 | | contracts entered into before March 7, 1997 (the effective |
|
| | HB5501 | - 610 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | date of Public Act 89-718);
(h) made for payments
of principal |
| 2 | | and interest on limited bonds,
as defined in Section 3 of the |
| 3 | | Local Government Debt Reform Act, in an amount
not to exceed |
| 4 | | the debt service extension base less the amount in items (b),
|
| 5 | | (c), and (e) of this definition for non-referendum |
| 6 | | obligations, except
obligations initially issued pursuant to |
| 7 | | referendum; (i) made for payments
of
principal and interest on |
| 8 | | bonds issued under Section 15 of the Local Government
Debt |
| 9 | | Reform Act;
(j)
made for a qualified airport authority to pay |
| 10 | | interest or principal on
general obligation bonds issued for |
| 11 | | the purpose of paying obligations due
under, or financing |
| 12 | | airport facilities required to be acquired, constructed,
|
| 13 | | installed or equipped pursuant to, contracts entered into |
| 14 | | before March
1, 1996 (but not including any amendments to such |
| 15 | | a contract taking effect on
or after that date); (k) made to |
| 16 | | fund expenses of providing joint
recreational programs for |
| 17 | | persons with disabilities under Section 5-8 of
the
Park |
| 18 | | District Code or Section 11-95-14 of the Illinois Municipal |
| 19 | | Code; and (l) made for contributions to a firefighter's |
| 20 | | pension fund created under Article 4 of the Illinois Pension |
| 21 | | Code, to the extent of the amount certified under item (5) of |
| 22 | | Section 4-134 of the Illinois Pension Code.
|
| 23 | | "Debt service extension base" means an amount equal to |
| 24 | | that portion of the
extension for a taxing district for the |
| 25 | | 1994 levy year, or for those taxing
districts subject to this |
| 26 | | Law in accordance with Section 18-213, except for
those |
|
| | HB5501 | - 611 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | subject to paragraph (2) of subsection (e) of Section 18-213, |
| 2 | | for the
levy
year in which the referendum making this Law |
| 3 | | applicable to the taxing district
is held, or for those taxing |
| 4 | | districts subject to this Law in accordance with
paragraph (2) |
| 5 | | of subsection (e) of Section 18-213 for the 1996 levy year,
|
| 6 | | constituting an
extension for payment of principal and |
| 7 | | interest on bonds issued by the taxing
district without |
| 8 | | referendum, but not including excluded non-referendum bonds. |
| 9 | | For park districts (i) that were first
subject to this Law in |
| 10 | | 1991 or 1995 and (ii) whose extension for the 1994 levy
year |
| 11 | | for the payment of principal and interest on bonds issued by |
| 12 | | the park
district without referendum (but not including |
| 13 | | excluded non-referendum bonds)
was less than 51% of the amount |
| 14 | | for the 1991 levy year constituting an
extension for payment |
| 15 | | of principal and interest on bonds issued by the park
district |
| 16 | | without referendum (but not including excluded non-referendum |
| 17 | | bonds),
"debt service extension base" means an amount equal to |
| 18 | | that portion of the
extension for the 1991 levy year |
| 19 | | constituting an extension for payment of
principal and |
| 20 | | interest on bonds issued by the park district without |
| 21 | | referendum
(but not including excluded non-referendum bonds). |
| 22 | | A debt service extension base established or increased at any |
| 23 | | time pursuant to any provision of this Law, except Section |
| 24 | | 18-212, shall be increased each year commencing with the later |
| 25 | | of (i) the 2009 levy year or (ii) the first levy year in which |
| 26 | | this Law becomes applicable to the taxing district, by the |
|
| | HB5501 | - 612 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | lesser of 5% or the percentage increase in the Consumer Price |
| 2 | | Index during the 12-month calendar year preceding the levy |
| 3 | | year. The debt service extension
base may be established or |
| 4 | | increased as provided under Section 18-212.
"Excluded |
| 5 | | non-referendum bonds" means (i) bonds authorized by Public
Act |
| 6 | | 88-503 and issued under Section 20a of the Chicago Park |
| 7 | | District Act for
aquarium and museum projects; (ii) bonds |
| 8 | | issued under Section 15 of the
Local Government Debt Reform |
| 9 | | Act; or (iii) refunding obligations issued
to refund or to |
| 10 | | continue to refund obligations initially issued pursuant to
|
| 11 | | referendum.
|
| 12 | | "Special purpose extensions" include, but are not limited |
| 13 | | to, extensions
for levies made on an annual basis for |
| 14 | | unemployment and workers'
compensation, self-insurance, |
| 15 | | contributions to pension plans, and extensions
made pursuant |
| 16 | | to Section 6-601 of the Illinois Highway Code for a road
|
| 17 | | district's permanent road fund whether levied annually or not. |
| 18 | | The
extension for a special service area is not included in the
|
| 19 | | aggregate extension.
|
| 20 | | "Aggregate extension base" means the taxing district's |
| 21 | | last preceding
aggregate extension as adjusted under Sections |
| 22 | | 18-135, 18-215,
18-230, 18-206, and 18-233.
An adjustment |
| 23 | | under Section 18-135 shall be made for the 2007 levy year and |
| 24 | | all subsequent levy years whenever one or more counties within |
| 25 | | which a taxing district is located (i) used estimated |
| 26 | | valuations or rates when extending taxes in the taxing |
|
| | HB5501 | - 613 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | district for the last preceding levy year that resulted in the |
| 2 | | over or under extension of taxes, or (ii) increased or |
| 3 | | decreased the tax extension for the last preceding levy year |
| 4 | | as required by Section 18-135(c). Whenever an adjustment is |
| 5 | | required under Section 18-135, the aggregate extension base of |
| 6 | | the taxing district shall be equal to the amount that the |
| 7 | | aggregate extension of the taxing district would have been for |
| 8 | | the last preceding levy year if either or both (i) actual, |
| 9 | | rather than estimated, valuations or rates had been used to |
| 10 | | calculate the extension of taxes for the last levy year, or |
| 11 | | (ii) the tax extension for the last preceding levy year had not |
| 12 | | been adjusted as required by subsection (c) of Section 18-135.
|
| 13 | | Notwithstanding any other provision of law, for levy year |
| 14 | | 2012, the aggregate extension base for West Northfield School |
| 15 | | District No. 31 in Cook County shall be $12,654,592. |
| 16 | | Notwithstanding any other provision of law, for levy year |
| 17 | | 2022, the aggregate extension base of a home equity assurance |
| 18 | | program that levied at least $1,000,000 in property taxes in |
| 19 | | levy year 2019 or 2020 under the Home Equity Assurance Act |
| 20 | | shall be the amount that the program's aggregate extension |
| 21 | | base for levy year 2021 would have been if the program had |
| 22 | | levied a property tax for levy year 2021. |
| 23 | | "Levy year" has the same meaning as "year" under Section
|
| 24 | | 1-155.
|
| 25 | | "New property" means (i) the assessed value, after final |
| 26 | | board of review or
board of appeals action, of new |
|
| | HB5501 | - 614 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | improvements or additions to existing
improvements on any |
| 2 | | parcel of real property that increase the assessed value of
|
| 3 | | that real property during the levy year multiplied by the |
| 4 | | equalization factor
issued by the Department under Section |
| 5 | | 17-30, (ii) the assessed value, after
final board of review or |
| 6 | | board of appeals action, of real property not exempt
from real |
| 7 | | estate taxation, which real property was exempt from real |
| 8 | | estate
taxation for any portion of the immediately preceding |
| 9 | | levy year, multiplied by
the equalization factor issued by the |
| 10 | | Department under Section 17-30, including the assessed value, |
| 11 | | upon final stabilization of occupancy after new construction |
| 12 | | is complete, of any real property located within the |
| 13 | | boundaries of an otherwise or previously exempt military |
| 14 | | reservation that is intended for residential use and owned by |
| 15 | | or leased to a private corporation or other entity,
(iii) in |
| 16 | | counties that classify in accordance with Section 4 of Article
|
| 17 | | IX of the
Illinois Constitution, an incentive property's |
| 18 | | additional assessed value
resulting from a
scheduled increase |
| 19 | | in the level of assessment as applied to the first year
final |
| 20 | | board of
review market value, and (iv) any increase in |
| 21 | | assessed value due to oil or gas production from an oil or gas |
| 22 | | well required to be permitted under the Hydraulic Fracturing |
| 23 | | Regulatory Act that was not produced in or accounted for |
| 24 | | during the previous levy year.
In addition, the county clerk |
| 25 | | in a county containing a population of
3,000,000 or more shall |
| 26 | | include in the 1997
recovered tax increment value for any |
|
| | HB5501 | - 615 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | school district, any recovered tax
increment value that was |
| 2 | | applicable to the 1995 tax year calculations.
|
| 3 | | "Qualified airport authority" means an airport authority |
| 4 | | organized under
the Airport Authorities Act and located in a |
| 5 | | county bordering on the State of
Wisconsin and having a |
| 6 | | population in excess of 200,000 and not greater than
500,000.
|
| 7 | | "Recovered tax increment value" means, except as otherwise |
| 8 | | provided in this
paragraph, the amount of the current year's |
| 9 | | equalized assessed value, in the
first year after a |
| 10 | | municipality terminates
the designation of an area as a |
| 11 | | redevelopment project area previously
established under the |
| 12 | | Tax Increment Allocation Redevelopment Act in the Illinois
|
| 13 | | Municipal Code, previously established under the Industrial |
| 14 | | Jobs Recovery Law
in the Illinois Municipal Code, previously |
| 15 | | established under the Economic Development Project Area Tax |
| 16 | | Increment Act of 1995, or previously established under the |
| 17 | | Economic
Development Area Tax Increment Allocation Act, of |
| 18 | | each taxable lot, block,
tract, or parcel of real property in |
| 19 | | the redevelopment project area over and
above the initial |
| 20 | | equalized assessed value of each property in the
redevelopment |
| 21 | | project area.
For the taxes which are extended for the 1997 |
| 22 | | levy year, the recovered tax
increment value for a non-home |
| 23 | | rule taxing district that first became subject
to this Law for |
| 24 | | the 1995 levy year because a majority of its 1994 equalized
|
| 25 | | assessed value was in an affected county or counties shall be |
| 26 | | increased if a
municipality terminated the designation of an |
|
| | HB5501 | - 616 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | area in 1993 as a redevelopment
project area previously |
| 2 | | established under the Tax Increment Allocation Redevelopment
|
| 3 | | Act in the Illinois Municipal Code, previously established |
| 4 | | under
the Industrial Jobs Recovery Law in the Illinois |
| 5 | | Municipal Code, or previously
established under the Economic |
| 6 | | Development Area Tax Increment Allocation Act,
by an amount |
| 7 | | equal to the 1994 equalized assessed value of each taxable |
| 8 | | lot,
block, tract, or parcel of real property in the |
| 9 | | redevelopment project area over
and above the initial |
| 10 | | equalized assessed value of each property in the
redevelopment |
| 11 | | project area.
In the first year after a municipality
removes a |
| 12 | | taxable lot, block, tract, or parcel of real property from a
|
| 13 | | redevelopment project area established under the Tax Increment |
| 14 | | Allocation Redevelopment
Act in the Illinois
Municipal Code, |
| 15 | | the Industrial Jobs Recovery Law
in the Illinois Municipal |
| 16 | | Code, or the Economic
Development Area Tax Increment |
| 17 | | Allocation Act, "recovered tax increment value"
means the |
| 18 | | amount of the current year's equalized assessed value of each |
| 19 | | taxable
lot, block, tract, or parcel of real property removed |
| 20 | | from the redevelopment
project area over and above the initial |
| 21 | | equalized assessed value of that real
property before removal |
| 22 | | from the redevelopment project area.
|
| 23 | | Except as otherwise provided in this Section, "limiting |
| 24 | | rate" means a
fraction the numerator of which is the last
|
| 25 | | preceding aggregate extension base times an amount equal to |
| 26 | | one plus the
extension limitation defined in this Section and |
|
| | HB5501 | - 617 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the denominator of which
is the current year's equalized |
| 2 | | assessed value of all real property in the
territory under the |
| 3 | | jurisdiction of the taxing district during the prior
levy |
| 4 | | year. For those taxing districts that reduced their aggregate
|
| 5 | | extension for the last preceding levy year, except for school |
| 6 | | districts that reduced their extension for educational |
| 7 | | purposes pursuant to Section 18-206, the highest aggregate |
| 8 | | extension
in any of the last 3 preceding levy years shall be |
| 9 | | used for the purpose of
computing the limiting rate. The |
| 10 | | denominator shall not include new
property or the recovered |
| 11 | | tax increment
value.
If a new rate, a rate decrease, or a |
| 12 | | limiting rate increase has been approved at an election held |
| 13 | | after March 21, 2006, then (i) the otherwise applicable |
| 14 | | limiting rate shall be increased by the amount of the new rate |
| 15 | | or shall be reduced by the amount of the rate decrease, as the |
| 16 | | case may be, or (ii) in the case of a limiting rate increase, |
| 17 | | the limiting rate shall be equal to the rate set forth
in the |
| 18 | | proposition approved by the voters for each of the years |
| 19 | | specified in the proposition, after
which the limiting rate of |
| 20 | | the taxing district shall be calculated as otherwise provided. |
| 21 | | In the case of a taxing district that obtained referendum |
| 22 | | approval for an increased limiting rate on March 20, 2012, the |
| 23 | | limiting rate for tax year 2012 shall be the rate that |
| 24 | | generates the approximate total amount of taxes extendable for |
| 25 | | that tax year, as set forth in the proposition approved by the |
| 26 | | voters; this rate shall be the final rate applied by the county |
|
| | HB5501 | - 618 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | clerk for the aggregate of all capped funds of the district for |
| 2 | | tax year 2012.
|
| 3 | | (Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21; |
| 4 | | 102-519, eff. 8-20-21; 102-558, eff. 8-20-21; revised |
| 5 | | 10-5-21.)
|
| 6 | | (35 ILCS 200/21-260)
|
| 7 | | Sec. 21-260. Collector's scavenger sale. Upon the county |
| 8 | | collector's
application under Section 21-145, to be known as |
| 9 | | the Scavenger Sale
Application, the Court shall enter judgment |
| 10 | | for the general taxes, special
taxes, special assessments, |
| 11 | | interest, penalties and costs as are included in
the |
| 12 | | advertisement and appear to be due thereon after allowing an |
| 13 | | opportunity to
object and a hearing upon the objections as |
| 14 | | provided in Section 21-175, and
order those properties sold by |
| 15 | | the County Collector at public sale, or by electronic |
| 16 | | automated sale if the collector chooses to conduct an |
| 17 | | electronic automated sale pursuant to Section 21-261, to the
|
| 18 | | highest bidder for cash, notwithstanding the bid may be less |
| 19 | | than the full
amount of taxes, special taxes, special |
| 20 | | assessments, interest, penalties and
costs for which judgment |
| 21 | | has been entered.
|
| 22 | | (a) Conducting the sale; bidding sale - Bidding. All |
| 23 | | properties shall be offered for
sale in consecutive order as |
| 24 | | they appear in the delinquent list. The minimum
bid for any |
| 25 | | property shall be $250 or one-half of the tax if the total
|
|
| | HB5501 | - 619 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | liability is less than $500. For in-person scavenger sales, |
| 2 | | the successful bidder shall pay the
amount of the minimum bid |
| 3 | | to the County Collector by the end of the business day on which |
| 4 | | the bid was placed. That amount shall be paid in cash, by |
| 5 | | certified or
cashier's check, by money order, or, if the
|
| 6 | | successful bidder is a governmental unit, by a check issued by |
| 7 | | that
governmental unit. For electronic automated scavenger |
| 8 | | sales, the successful bidder shall pay the minimum bid amount |
| 9 | | by the close of the business day on which the bid was placed. |
| 10 | | That amount shall be paid online via ACH debit or by the |
| 11 | | electronic payment method required by the county collector. |
| 12 | | For in-person scavenger sales, if the bid exceeds the minimum |
| 13 | | bid, the
successful bidder shall pay the balance of the bid to |
| 14 | | the county collector in
cash, by certified or cashier's check, |
| 15 | | by money order, or, if the
successful bidder is a governmental |
| 16 | | unit, by a check issued by that
governmental unit
by the close |
| 17 | | of the
next business day. For electronic automated scavenger |
| 18 | | sales, the successful bidder shall pay, by the close of the |
| 19 | | next business day, the balance of the bid online via ACH debit |
| 20 | | or by the electronic payment method required by the county |
| 21 | | collector. If the minimum bid is not paid at the time of sale |
| 22 | | or if
the balance is not paid by the close of the next business |
| 23 | | day, then the sale is
void and the minimum bid, if paid, is |
| 24 | | forfeited to the county general fund. In
that event, the |
| 25 | | property shall be reoffered for sale within 30 days of the last
|
| 26 | | offering of property in regular order. The collector shall |
|
| | HB5501 | - 620 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | make available to
the public a list of all properties to be |
| 2 | | included in any reoffering due to the
voiding of the original |
| 3 | | sale. The collector is not required to serve or
publish any |
| 4 | | other notice of the reoffering of those properties. In the |
| 5 | | event
that any of the properties are not sold upon reoffering, |
| 6 | | or are sold for less
than the amount of the original voided |
| 7 | | sale, the original bidder who failed to
pay the bid amount |
| 8 | | shall remain liable for the unpaid balance of the bid in an
|
| 9 | | action under Section 21-240. Liability shall not be reduced |
| 10 | | where the bidder
upon reoffering also fails to pay the bid |
| 11 | | amount, and in that event both
bidders shall remain liable for |
| 12 | | the unpaid balance of their respective bids. A
sale of |
| 13 | | properties under this Section shall not be final until |
| 14 | | confirmed by the
court.
|
| 15 | | (b) Confirmation of sales. The county collector shall file |
| 16 | | his or her
report of sale in the court within 30 days of the |
| 17 | | date of sale of each
property. No notice of the county |
| 18 | | collector's application to confirm the sales
shall be required |
| 19 | | except as prescribed by rule of the court. Upon
confirmation, |
| 20 | | except in cases where the sale becomes void under Section |
| 21 | | 22-85,
or in cases where the order of confirmation is vacated |
| 22 | | by the court, a sale
under this Section shall extinguish the in |
| 23 | | rem lien of the general taxes,
special taxes and special |
| 24 | | assessments for which judgment has been entered and a
|
| 25 | | redemption shall not revive the lien. Confirmation of the sale |
| 26 | | shall in no
event affect the owner's personal liability to pay |
|
| | HB5501 | - 621 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the taxes, interest and
penalties as provided in this Code or |
| 2 | | prevent institution of a proceeding under
Section 21-440 to |
| 3 | | collect any amount that may remain
due after the sale.
|
| 4 | | (c) Issuance of tax sale certificates. Upon confirmation |
| 5 | | of the sale, the
County Clerk and the County Collector shall |
| 6 | | issue to the purchaser a
certificate of purchase in the form |
| 7 | | prescribed by Section 21-250 as near as may
be. A certificate |
| 8 | | of purchase shall not be issued to any person who is
ineligible |
| 9 | | to bid at the sale or to receive a certificate of purchase |
| 10 | | under
Section 21-265.
|
| 11 | | (d) Scavenger Tax Judgment, Sale and Redemption Record; |
| 12 | | sale Record - Sale of
parcels not sold. The county collector |
| 13 | | shall prepare a Scavenger Tax Judgment,
Sale and Redemption |
| 14 | | Record. The county clerk shall write or stamp on the
scavenger |
| 15 | | tax judgment, sale, forfeiture and redemption record opposite |
| 16 | | the
description of any property offered for sale and not sold, |
| 17 | | or not confirmed for
any reason, the words "offered but not |
| 18 | | sold". The properties which are offered
for sale under this |
| 19 | | Section and not sold or not confirmed shall be offered for
sale |
| 20 | | annually thereafter in the manner provided in this Section |
| 21 | | until sold,
except in the case of mineral rights, which after |
| 22 | | 10 consecutive years of
being offered for sale under this |
| 23 | | Section and not sold or confirmed shall
no longer be required |
| 24 | | to be offered for sale. At
any time between annual sales the |
| 25 | | County Collector may advertise for sale any
properties subject |
| 26 | | to sale under judgments for sale previously entered under
this |
|
| | HB5501 | - 622 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section and not executed for any reason. The advertisement and |
| 2 | | sale shall
be regulated by the provisions of this Code as far |
| 3 | | as applicable.
|
| 4 | | (e) Proceeding to tax deed. The owner of the certificate |
| 5 | | of purchase shall
give notice as required by Sections 22-5 |
| 6 | | through 22-30, and may extend the
period of redemption as |
| 7 | | provided by Section 21-385. At any time within 6 months
prior |
| 8 | | to expiration of the period of redemption from a sale under |
| 9 | | this Code,
the owner of a certificate of purchase may file a |
| 10 | | petition and may obtain a tax
deed under Sections 22-30 |
| 11 | | through 22-55. Within 30 days from filing of the petition, the |
| 12 | | owner of a certificate must file with the county clerk the |
| 13 | | names and addresses of the owners of the property and those |
| 14 | | persons entitled to service of notice at their last known |
| 15 | | addresses. The clerk shall mail notice within 30 days from the |
| 16 | | date of the filing of addresses with the clerk. All |
| 17 | | proceedings for the issuance of
a tax deed and all tax deeds |
| 18 | | for properties sold under this Section shall be
subject to |
| 19 | | Sections 22-30 through 22-55. Deeds issued under this Section |
| 20 | | are
subject to Section 22-70. This Section shall be liberally |
| 21 | | construed so that the deeds provided for in this Section |
| 22 | | convey merchantable title.
|
| 23 | | (f) Redemptions from scavenger sales. Redemptions may be |
| 24 | | made from sales
under this Section in the same manner and upon |
| 25 | | the same terms and conditions as
redemptions from sales made |
| 26 | | under the County Collector's annual application for
judgment |
|
| | HB5501 | - 623 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and order of sale, except that in lieu of penalty the person |
| 2 | | redeeming
shall pay interest as follows if the sale occurs |
| 3 | | before September 9, 1993:
|
| 4 | | (1) If redeemed within the first 2 months from the |
| 5 | | date of the sale, 3%
per month or portion thereof upon the |
| 6 | | amount for which the property was sold;
|
| 7 | | (2) If redeemed between 2 and 6 months from the date of |
| 8 | | the sale, 12% of
the amount for which the property was |
| 9 | | sold;
|
| 10 | | (3) If redeemed between 6 and 12 months from the date |
| 11 | | of the sale, 24%
of the amount for which the property was |
| 12 | | sold;
|
| 13 | | (4) If redeemed between 12 and 18 months from the date |
| 14 | | of the sale, 36% of
the amount for which the property was |
| 15 | | sold;
|
| 16 | | (5) If redeemed between 18 and 24 months from the date |
| 17 | | of the sale, 48%
of the amount for which the property was |
| 18 | | sold;
|
| 19 | | (6) If redeemed after 24 months from the date of sale, |
| 20 | | the 48% herein
provided together with interest at 6% per |
| 21 | | year thereafter.
|
| 22 | | If the sale occurs on or after September 9,
1993, the |
| 23 | | person redeeming shall pay interest on that part of the amount |
| 24 | | for
which the property was sold equal to or less than the full |
| 25 | | amount of delinquent
taxes, special assessments, penalties, |
| 26 | | interest, and costs, included in the
judgment and order of |
|
| | HB5501 | - 624 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | sale as follows:
|
| 2 | | (1) If redeemed within the first 2 months from the |
| 3 | | date of the sale,
3% per month upon the amount of taxes, |
| 4 | | special assessments, penalties,
interest, and costs due |
| 5 | | for each of the first 2 months, or fraction thereof.
|
| 6 | | (2) If redeemed at any time between 2 and 6 months from |
| 7 | | the date of
the sale, 12% of the amount of taxes, special |
| 8 | | assessments, penalties, interest,
and costs due.
|
| 9 | | (3) If redeemed at any time between 6 and 12 months |
| 10 | | from the date of the
sale, 24% of the amount of taxes, |
| 11 | | special assessments, penalties, interest, and
costs due.
|
| 12 | | (4) If redeemed at any time between 12 and 18 months |
| 13 | | from the date
of the sale, 36% of the amount of taxes, |
| 14 | | special assessments, penalties,
interest, and costs due.
|
| 15 | | (5) If redeemed at any time between 18 and 24 months |
| 16 | | from the date
of the sale, 48% of the amount of taxes, |
| 17 | | special assessments, penalties,
interest, and costs due.
|
| 18 | | (6) If redeemed after 24 months from the date of sale, |
| 19 | | the 48%
provided for the 24 months together with interest |
| 20 | | at 6% per annum thereafter on
the amount of taxes, special |
| 21 | | assessments, penalties, interest, and costs due.
|
| 22 | | The person redeeming shall not be required to pay any |
| 23 | | interest on any part
of the amount for which the property was |
| 24 | | sold that exceeds the full amount of
delinquent taxes, special |
| 25 | | assessments, penalties, interest, and costs included
in the |
| 26 | | judgment and order of sale.
|
|
| | HB5501 | - 625 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Notwithstanding any other provision of this Section, |
| 2 | | except for
owner-occupied single family residential units |
| 3 | | which are condominium units,
cooperative units or dwellings, |
| 4 | | the amount required to be paid for redemption
shall also |
| 5 | | include an amount equal to all delinquent taxes on the |
| 6 | | property
which taxes were delinquent at the time of sale. The |
| 7 | | delinquent taxes shall be
apportioned by the county collector |
| 8 | | among the taxing districts in which the
property is situated |
| 9 | | in accordance with law. In the event that all moneys
received |
| 10 | | from any sale held under this Section exceed an amount equal to |
| 11 | | all
delinquent taxes on the property sold, which taxes were |
| 12 | | delinquent at the time
of sale, together with all publication |
| 13 | | and other costs associated with the
sale, then, upon |
| 14 | | redemption, the County Collector and the County Clerk shall
|
| 15 | | apply the excess amount to the cost of redemption.
|
| 16 | | (g) Bidding by county or other taxing districts. Any |
| 17 | | taxing district may
bid at a scavenger sale. The county board |
| 18 | | of the county in which properties
offered for sale under this |
| 19 | | Section are located may bid as trustee for all
taxing |
| 20 | | districts having an interest in the taxes for the nonpayment |
| 21 | | of which
the parcels are offered. The County shall apply on the |
| 22 | | bid the unpaid taxes due
upon the property and no cash need be |
| 23 | | paid. The County or other taxing district
acquiring a tax sale |
| 24 | | certificate shall take all steps necessary to acquire
title to |
| 25 | | the property and may manage and operate the property so |
| 26 | | acquired.
|
|
| | HB5501 | - 626 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | When a county, or other taxing district within the county, |
| 2 | | is a petitioner
for a tax deed, no filing fee shall be required |
| 3 | | on the petition. The county as
a tax creditor and as trustee |
| 4 | | for other tax creditors, or other taxing district
within the |
| 5 | | county shall not be required to allege and prove that all taxes |
| 6 | | and
special assessments which become due and payable after the |
| 7 | | sale to the county
have been paid. The county shall not be |
| 8 | | required to pay the subsequently
accruing taxes or special |
| 9 | | assessments at any time. Upon the written request of
the |
| 10 | | county board or its designee, the county collector shall not |
| 11 | | offer the
property for sale at any tax sale subsequent to the |
| 12 | | sale of the property to the
county under this Section. The lien |
| 13 | | of taxes and special assessments which
become due and payable |
| 14 | | after a sale to a county shall merge in the fee title of
the |
| 15 | | county, or other taxing district, on the issuance of a deed. |
| 16 | | The County may
sell the properties so acquired, or the |
| 17 | | certificate of purchase thereto, and
the proceeds of the sale |
| 18 | | shall be distributed to the taxing districts in
proportion to |
| 19 | | their respective interests therein. The presiding officer of |
| 20 | | the
county board, with the advice and consent of the County |
| 21 | | Board, may appoint some
officer or person to attend scavenger |
| 22 | | sales and bid on its behalf.
|
| 23 | | (h) Miscellaneous provisions. In the event that the tract |
| 24 | | of land or lot
sold at any such sale is not redeemed within the |
| 25 | | time permitted by law and a
tax deed is issued, all moneys that |
| 26 | | may be received from the sale of
properties in excess of the |
|
| | HB5501 | - 627 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | delinquent taxes, together with all publication
and other |
| 2 | | costs associated with the sale,
shall, upon petition of any |
| 3 | | interested party to the court that issued the tax
deed, be |
| 4 | | distributed by the County Collector pursuant to order of the |
| 5 | | court
among the persons having legal or equitable interests in |
| 6 | | the property according
to the fair value of their interests in |
| 7 | | the tract or lot. Section 21-415 does
not apply to properties |
| 8 | | sold under this Section.
Appeals may be taken from the orders |
| 9 | | and judgments entered under this Section
as in other civil |
| 10 | | cases. The remedy herein provided is in addition to other
|
| 11 | | remedies for the collection of delinquent taxes. |
| 12 | | (i) The changes to this Section made by Public Act 95-477 |
| 13 | | this amendatory Act of
the 95th General Assembly apply only to |
| 14 | | matters in which a
petition for tax deed is filed on or after |
| 15 | | June 1, 2008 (the effective date
of Public Act 95-477) this |
| 16 | | amendatory Act of the 95th General Assembly.
|
| 17 | | (Source: P.A. 102-519, eff. 8-20-21; 102-528, eff. 1-1-22; |
| 18 | | revised 10-18-21.)
|
| 19 | | (35 ILCS 200/22-10)
|
| 20 | | Sec. 22-10. Notice of expiration of period of redemption. |
| 21 | | A purchaser or assignee shall not be entitled to a tax deed to |
| 22 | | the
property sold unless, not less than 3 months nor more than |
| 23 | | 6 months prior to
the expiration of the period of redemption, |
| 24 | | he or she gives notice of the
sale and the date of expiration |
| 25 | | of the period of redemption to the
owners, occupants, and |
|
| | HB5501 | - 630 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | In counties with 3,000,000 or more inhabitants, the notice |
| 2 | | shall also state
the address, room number and time at which the |
| 3 | | matter is set for hearing.
|
| 4 | | The changes to this Section made by Public Act 97-557 this |
| 5 | | amendatory Act of the 97th General Assembly apply only to |
| 6 | | matters in which a petition for tax deed is filed on or after |
| 7 | | July 1, 2012 (the effective date of Public Act 97-557) this |
| 8 | | amendatory Act of the 97th General Assembly.
|
| 9 | | (Source: P.A. 102-528, eff. 1-1-22; revised 12-7-21.)
|
| 10 | | Section 265. The Illinois Pension Code is amended by |
| 11 | | changing Sections 1-160, 7-109, 7-141, 14-103.42, 14-110, |
| 12 | | 16-158, and 16-203 as follows:
|
| 13 | | (40 ILCS 5/1-160)
|
| 14 | | Sec. 1-160. Provisions applicable to new hires. |
| 15 | | (a) The provisions of this Section apply to a person who, |
| 16 | | on or after January 1, 2011, first becomes a member or a |
| 17 | | participant under any reciprocal retirement system or pension |
| 18 | | fund established under this Code, other than a retirement |
| 19 | | system or pension fund established under Article 2, 3, 4, 5, 6, |
| 20 | | 7, 15, or 18 of this Code, notwithstanding any other provision |
| 21 | | of this Code to the contrary, but do not apply to any |
| 22 | | self-managed plan established under this Code or to any |
| 23 | | participant of the retirement plan established under Section |
|
| | HB5501 | - 631 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 22-101; except that this Section applies to a person who |
| 2 | | elected to establish alternative credits by electing in |
| 3 | | writing after January 1, 2011, but before August 8, 2011, |
| 4 | | under Section 7-145.1 of this Code. Notwithstanding anything |
| 5 | | to the contrary in this Section, for purposes of this Section, |
| 6 | | a person who is a Tier 1 regular employee as defined in Section |
| 7 | | 7-109.4 of this Code or who participated in a retirement |
| 8 | | system under Article 15 prior to January 1, 2011 shall be |
| 9 | | deemed a person who first became a member or participant prior |
| 10 | | to January 1, 2011 under any retirement system or pension fund |
| 11 | | subject to this Section. The changes made to this Section by |
| 12 | | Public Act 98-596 are a clarification of existing law and are |
| 13 | | intended to be retroactive to January 1, 2011 (the effective |
| 14 | | date of Public Act 96-889), notwithstanding the provisions of |
| 15 | | Section 1-103.1 of this Code. |
| 16 | | This Section does not apply to a person who first becomes a |
| 17 | | noncovered employee under Article 14 on or after the |
| 18 | | implementation date of the plan created under Section 1-161 |
| 19 | | for that Article, unless that person elects under subsection |
| 20 | | (b) of Section 1-161 to instead receive the benefits provided |
| 21 | | under this Section and the applicable provisions of that |
| 22 | | Article. |
| 23 | | This Section does not apply to a person who first becomes a |
| 24 | | member or participant under Article 16 on or after the |
| 25 | | implementation date of the plan created under Section 1-161 |
| 26 | | for that Article, unless that person elects under subsection |
|
| | HB5501 | - 632 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b) of Section 1-161 to instead receive the benefits provided |
| 2 | | under this Section and the applicable provisions of that |
| 3 | | Article. |
| 4 | | This Section does not apply to a person who elects under |
| 5 | | subsection (c-5) of Section 1-161 to receive the benefits |
| 6 | | under Section 1-161. |
| 7 | | This Section does not apply to a person who first becomes a |
| 8 | | member or participant of an affected pension fund on or after 6 |
| 9 | | months after the resolution or ordinance date, as defined in |
| 10 | | Section 1-162, unless that person elects under subsection (c) |
| 11 | | of Section 1-162 to receive the benefits provided under this |
| 12 | | Section and the applicable provisions of the Article under |
| 13 | | which he or she is a member or participant. |
| 14 | | (b) "Final average salary" means, except as otherwise |
| 15 | | provided in this subsection, the average monthly (or annual) |
| 16 | | salary obtained by dividing the total salary or earnings |
| 17 | | calculated under the Article applicable to the member or |
| 18 | | participant during the 96 consecutive months (or 8 consecutive |
| 19 | | years) of service within the last 120 months (or 10 years) of |
| 20 | | service in which the total salary or earnings calculated under |
| 21 | | the applicable Article was the highest by the number of months |
| 22 | | (or years) of service in that period. For the purposes of a |
| 23 | | person who first becomes a member or participant of any |
| 24 | | retirement system or pension fund to which this Section |
| 25 | | applies on or after January 1, 2011, in this Code, "final |
| 26 | | average salary" shall be substituted for the following: |
|
| | HB5501 | - 633 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) (Blank). |
| 2 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average |
| 3 | | annual salary for any 4 consecutive years within the last |
| 4 | | 10 years of service immediately preceding the date of |
| 5 | | withdrawal". |
| 6 | | (3) In Article 13, "average final salary". |
| 7 | | (4) In Article 14, "final average compensation". |
| 8 | | (5) In Article 17, "average salary". |
| 9 | | (6) In Section 22-207, "wages or salary received by |
| 10 | | him at the date of retirement or discharge". |
| 11 | | A member of the Teachers' Retirement System of the State |
| 12 | | of Illinois who retires on or after June 1, 2021 and for whom |
| 13 | | the 2020-2021 school year is used in the calculation of the |
| 14 | | member's final average salary shall use the higher of the |
| 15 | | following for the purpose of determining the member's final |
| 16 | | average salary: |
| 17 | | (A) the amount otherwise calculated under the first |
| 18 | | paragraph of this subsection; or |
| 19 | | (B) an amount calculated by the Teachers' Retirement |
| 20 | | System of the State of Illinois using the average of the |
| 21 | | monthly (or annual) salary obtained by dividing the total |
| 22 | | salary or earnings calculated under Article 16 applicable |
| 23 | | to the member or participant during the 96 months (or 8 |
| 24 | | years) of service within the last 120 months (or 10 years) |
| 25 | | of service in which the total salary or earnings |
| 26 | | calculated under the Article was the highest by the number |
|
| | HB5501 | - 634 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of months (or years) of service in that period. |
| 2 | | (b-5) Beginning on January 1, 2011, for all purposes under |
| 3 | | this Code (including without limitation the calculation of |
| 4 | | benefits and employee contributions), the annual earnings, |
| 5 | | salary, or wages (based on the plan year) of a member or |
| 6 | | participant to whom this Section applies shall not exceed |
| 7 | | $106,800; however, that amount shall annually thereafter be |
| 8 | | increased by the lesser of (i) 3% of that amount, including all |
| 9 | | previous adjustments, or (ii) one-half the annual unadjusted |
| 10 | | percentage increase (but not less than zero) in the consumer |
| 11 | | price index-u
for the 12 months ending with the September |
| 12 | | preceding each November 1, including all previous adjustments. |
| 13 | | For the purposes of this Section, "consumer price index-u" |
| 14 | | means
the index published by the Bureau of Labor Statistics of |
| 15 | | the United States
Department of Labor that measures the |
| 16 | | average change in prices of goods and
services purchased by |
| 17 | | all urban consumers, United States city average, all
items, |
| 18 | | 1982-84 = 100. The new amount resulting from each annual |
| 19 | | adjustment
shall be determined by the Public Pension Division |
| 20 | | of the Department of Insurance and made available to the |
| 21 | | boards of the retirement systems and pension funds by November |
| 22 | | 1 of each year. |
| 23 | | (c) A member or participant is entitled to a retirement
|
| 24 | | annuity upon written application if he or she has attained age |
| 25 | | 67 (age 65, with respect to service under Article 12 that is |
| 26 | | subject to this Section, for a member or participant under |
|
| | HB5501 | - 635 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Article 12 who first becomes a member or participant under |
| 2 | | Article 12 on or after January 1, 2022 or who makes the |
| 3 | | election under item (i) of subsection (d-15) of this Section) |
| 4 | | and has at least 10 years of service credit and is otherwise |
| 5 | | eligible under the requirements of the applicable Article. |
| 6 | | A member or participant who has attained age 62 (age 60, |
| 7 | | with respect to service under Article 12 that is subject to |
| 8 | | this Section, for a member or participant under Article 12 who |
| 9 | | first becomes a member or participant under Article 12 on or |
| 10 | | after January 1, 2022 or who makes the election under item (i) |
| 11 | | of subsection (d-15) of this Section) and has at least 10 years |
| 12 | | of service credit and is otherwise eligible under the |
| 13 | | requirements of the applicable Article may elect to receive |
| 14 | | the lower retirement annuity provided
in subsection (d) of |
| 15 | | this Section. |
| 16 | | (c-5) A person who first becomes a member or a participant |
| 17 | | subject to this Section on or after July 6, 2017 (the effective |
| 18 | | date of Public Act 100-23), notwithstanding any other |
| 19 | | provision of this Code to the contrary, is entitled to a |
| 20 | | retirement annuity under Article 8 or Article 11 upon written |
| 21 | | application if he or she has attained age 65 and has at least |
| 22 | | 10 years of service credit and is otherwise eligible under the |
| 23 | | requirements of Article 8 or Article 11 of this Code, |
| 24 | | whichever is applicable. |
| 25 | | (d) The retirement annuity of a member or participant who |
| 26 | | is retiring after attaining age 62 (age 60, with respect to |
|
| | HB5501 | - 636 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | service under Article 12 that is subject to this Section, for a |
| 2 | | member or participant under Article 12 who first becomes a |
| 3 | | member or participant under Article 12 on or after January 1, |
| 4 | | 2022 or who makes the election under item (i) of subsection |
| 5 | | (d-15) of this Section) with at least 10 years of service |
| 6 | | credit shall be reduced by one-half
of 1% for each full month |
| 7 | | that the member's age is under age 67 (age 65, with respect to |
| 8 | | service under Article 12 that is subject to this Section, for a |
| 9 | | member or participant under Article 12 who first becomes a |
| 10 | | member or participant under Article 12 on or after January 1, |
| 11 | | 2022 or who makes the election under item (i) of subsection |
| 12 | | (d-15) of this Section). |
| 13 | | (d-5) The retirement annuity payable under Article 8 or |
| 14 | | Article 11 to an eligible person subject to subsection (c-5) |
| 15 | | of this Section who is retiring at age 60 with at least 10 |
| 16 | | years of service credit shall be reduced by one-half of 1% for |
| 17 | | each full month that the member's age is under age 65. |
| 18 | | (d-10) Each person who first became a member or |
| 19 | | participant under Article 8 or Article 11 of this Code on or |
| 20 | | after January 1, 2011 and prior to July 6, 2017 (the effective |
| 21 | | date of Public Act 100-23) this amendatory Act of the 100th |
| 22 | | General Assembly shall make an irrevocable election either: |
| 23 | | (i) to be eligible for the reduced retirement age |
| 24 | | provided in subsections (c-5)
and (d-5) of this Section, |
| 25 | | the eligibility for which is conditioned upon the member |
| 26 | | or participant agreeing to the increases in employee |
|
| | HB5501 | - 637 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | contributions for age and service annuities provided in |
| 2 | | subsection (a-5) of Section 8-174 of this Code (for |
| 3 | | service under Article 8) or subsection (a-5) of Section |
| 4 | | 11-170 of this Code (for service under Article 11); or |
| 5 | | (ii) to not agree to item (i) of this subsection |
| 6 | | (d-10), in which case the member or participant shall |
| 7 | | continue to be subject to the retirement age provisions in |
| 8 | | subsections (c) and (d) of this Section and the employee |
| 9 | | contributions for age and service annuity as provided in |
| 10 | | subsection (a) of Section 8-174 of this Code (for service |
| 11 | | under Article 8) or subsection (a) of Section 11-170 of |
| 12 | | this Code (for service under Article 11). |
| 13 | | The election provided for in this subsection shall be made |
| 14 | | between October 1, 2017 and November 15, 2017. A person |
| 15 | | subject to this subsection who makes the required election |
| 16 | | shall remain bound by that election. A person subject to this |
| 17 | | subsection who fails for any reason to make the required |
| 18 | | election within the time specified in this subsection shall be |
| 19 | | deemed to have made the election under item (ii). |
| 20 | | (d-15) Each person who first becomes a member or |
| 21 | | participant under Article 12 on or after January 1, 2011 and |
| 22 | | prior to January 1, 2022 shall make an irrevocable election |
| 23 | | either: |
| 24 | | (i) to be eligible for the reduced retirement age |
| 25 | | specified in subsections (c) and (d) of this Section, the |
| 26 | | eligibility for which is conditioned upon the member or |
|
| | HB5501 | - 638 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | participant agreeing to the increase in employee |
| 2 | | contributions for service annuities specified in |
| 3 | | subsection (b) of Section 12-150; or |
| 4 | | (ii) to not agree to item (i) of this subsection |
| 5 | | (d-15), in which case the member or participant shall not |
| 6 | | be eligible for the reduced retirement age specified in |
| 7 | | subsections (c) and (d) of this Section and shall not be |
| 8 | | subject to the increase in employee contributions for |
| 9 | | service annuities specified in subsection (b) of Section |
| 10 | | 12-150. |
| 11 | | The election provided for in this subsection shall be made |
| 12 | | between January 1, 2022 and April 1, 2022. A person subject to |
| 13 | | this subsection who makes the required election shall remain |
| 14 | | bound by that election. A person subject to this subsection |
| 15 | | who fails for any reason to make the required election within |
| 16 | | the time specified in this subsection shall be deemed to have |
| 17 | | made the election under item (ii). |
| 18 | | (e) Any retirement annuity or supplemental annuity shall |
| 19 | | be subject to annual increases on the January 1 occurring |
| 20 | | either on or after the attainment of age 67 (age 65, with |
| 21 | | respect to service under Article 12 that is subject to this |
| 22 | | Section, for a member or participant under Article 12 who |
| 23 | | first becomes a member or participant under Article 12 on or |
| 24 | | after January 1, 2022 or who makes the election under item (i) |
| 25 | | of subsection (d-15); and beginning on July 6, 2017 (the |
| 26 | | effective date of Public Act 100-23) this amendatory Act of |
|
| | HB5501 | - 639 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the 100th General Assembly, age 65 with respect to service |
| 2 | | under Article 8 or Article 11 for eligible persons who: (i) are |
| 3 | | subject to subsection (c-5) of this Section; or (ii) made the |
| 4 | | election under item (i) of subsection (d-10) of this Section) |
| 5 | | or the first anniversary of the annuity start date, whichever |
| 6 | | is later. Each annual increase shall be calculated at 3% or |
| 7 | | one-half the annual unadjusted percentage increase (but not |
| 8 | | less than zero) in the consumer price index-u for the 12 months |
| 9 | | ending with the September preceding each November 1, whichever |
| 10 | | is less, of the originally granted retirement annuity. If the |
| 11 | | annual unadjusted percentage change in the consumer price |
| 12 | | index-u for the 12 months ending with the September preceding |
| 13 | | each November 1 is zero or there is a decrease, then the |
| 14 | | annuity shall not be increased. |
| 15 | | For the purposes of Section 1-103.1 of this Code, the |
| 16 | | changes made to this Section by Public Act 102-263 this |
| 17 | | amendatory Act of the 102nd General Assembly are applicable |
| 18 | | without regard to whether the employee was in active service |
| 19 | | on or after August 6, 2021 (the effective date of Public Act |
| 20 | | 102-263) this amendatory Act of the 102nd General Assembly. |
| 21 | | For the purposes of Section 1-103.1 of this Code, the |
| 22 | | changes made to this Section by Public Act 100-23 this |
| 23 | | amendatory Act of the 100th General Assembly are applicable |
| 24 | | without regard to whether the employee was in active service |
| 25 | | on or after July 6, 2017 (the effective date of Public Act |
| 26 | | 100-23) this amendatory Act of the 100th General Assembly. |
|
| | HB5501 | - 640 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (f) The initial survivor's or widow's annuity of an |
| 2 | | otherwise eligible survivor or widow of a retired member or |
| 3 | | participant who first became a member or participant on or |
| 4 | | after January 1, 2011 shall be in the amount of 66 2/3% of the |
| 5 | | retired member's or participant's retirement annuity at the |
| 6 | | date of death. In the case of the death of a member or |
| 7 | | participant who has not retired and who first became a member |
| 8 | | or participant on or after January 1, 2011, eligibility for a |
| 9 | | survivor's or widow's annuity shall be determined by the |
| 10 | | applicable Article of this Code. The initial benefit shall be |
| 11 | | 66 2/3% of the earned annuity without a reduction due to age. A |
| 12 | | child's annuity of an otherwise eligible child shall be in the |
| 13 | | amount prescribed under each Article if applicable. Any |
| 14 | | survivor's or widow's annuity shall be increased (1) on each |
| 15 | | January 1 occurring on or after the commencement of the |
| 16 | | annuity if
the deceased member died while receiving a |
| 17 | | retirement annuity or (2) in
other cases, on each January 1 |
| 18 | | occurring after the first anniversary
of the commencement of |
| 19 | | the annuity. Each annual increase shall be calculated at 3% or |
| 20 | | one-half the annual unadjusted percentage increase (but not |
| 21 | | less than zero) in the consumer price index-u for the 12 months |
| 22 | | ending with the September preceding each November 1, whichever |
| 23 | | is less, of the originally granted survivor's annuity. If the |
| 24 | | annual unadjusted percentage change in the consumer price |
| 25 | | index-u for the 12 months ending with the September preceding |
| 26 | | each November 1 is zero or there is a decrease, then the |
|
| | HB5501 | - 641 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | annuity shall not be increased. |
| 2 | | (g) The benefits in Section 14-110 apply only if the |
| 3 | | person is a State policeman, a fire fighter in the fire |
| 4 | | protection service of a department, a conservation police |
| 5 | | officer, an investigator for the Secretary of State, an arson |
| 6 | | investigator, a Commerce Commission police officer, |
| 7 | | investigator for the Department of Revenue or the
Illinois |
| 8 | | Gaming Board, a security employee of the Department of |
| 9 | | Corrections or the Department of Juvenile Justice, or a |
| 10 | | security employee of the Department of Innovation and |
| 11 | | Technology, as those terms are defined in subsection (b) and |
| 12 | | subsection (c) of Section 14-110. A person who meets the |
| 13 | | requirements of this Section is entitled to an annuity |
| 14 | | calculated under the provisions of Section 14-110, in lieu of |
| 15 | | the regular or minimum retirement annuity, only if the person |
| 16 | | has withdrawn from service with not less than 20
years of |
| 17 | | eligible creditable service and has attained age 60, |
| 18 | | regardless of whether
the attainment of age 60 occurs while |
| 19 | | the person is
still in service. |
| 20 | | (h) If a person who first becomes a member or a participant |
| 21 | | of a retirement system or pension fund subject to this Section |
| 22 | | on or after January 1, 2011 is receiving a retirement annuity |
| 23 | | or retirement pension under that system or fund and becomes a |
| 24 | | member or participant under any other system or fund created |
| 25 | | by this Code and is employed on a full-time basis, except for |
| 26 | | those members or participants exempted from the provisions of |
|
| | HB5501 | - 642 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this Section under subsection (a) of this Section, then the |
| 2 | | person's retirement annuity or retirement pension under that |
| 3 | | system or fund shall be suspended during that employment. Upon |
| 4 | | termination of that employment, the person's retirement |
| 5 | | annuity or retirement pension payments shall resume and be |
| 6 | | recalculated if recalculation is provided for under the |
| 7 | | applicable Article of this Code. |
| 8 | | If a person who first becomes a member of a retirement |
| 9 | | system or pension fund subject to this Section on or after |
| 10 | | January 1, 2012 and is receiving a retirement annuity or |
| 11 | | retirement pension under that system or fund and accepts on a |
| 12 | | contractual basis a position to provide services to a |
| 13 | | governmental entity from which he or she has retired, then |
| 14 | | that person's annuity or retirement pension earned as an |
| 15 | | active employee of the employer shall be suspended during that |
| 16 | | contractual service. A person receiving an annuity or |
| 17 | | retirement pension under this Code shall notify the pension |
| 18 | | fund or retirement system from which he or she is receiving an |
| 19 | | annuity or retirement pension, as well as his or her |
| 20 | | contractual employer, of his or her retirement status before |
| 21 | | accepting contractual employment. A person who fails to submit |
| 22 | | such notification shall be guilty of a Class A misdemeanor and |
| 23 | | required to pay a fine of $1,000. Upon termination of that |
| 24 | | contractual employment, the person's retirement annuity or |
| 25 | | retirement pension payments shall resume and, if appropriate, |
| 26 | | be recalculated under the applicable provisions of this Code. |
|
| | HB5501 | - 643 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (i) (Blank). |
| 2 | | (j) In the case of a conflict between the provisions of |
| 3 | | this Section and any other provision of this Code, the |
| 4 | | provisions of this Section shall control.
|
| 5 | | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; |
| 6 | | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
|
| 7 | | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
|
| 8 | | Sec. 7-109. Employee.
|
| 9 | | (1) "Employee" means any person who:
|
| 10 | | (a) 1. Receives earnings as payment for the |
| 11 | | performance of personal
services or official duties out of |
| 12 | | the general fund of a municipality,
or out of any special |
| 13 | | fund or funds controlled by a municipality, or by
an |
| 14 | | instrumentality thereof, or a participating |
| 15 | | instrumentality, including,
in counties, the fees or |
| 16 | | earnings of any county fee office; and
|
| 17 | | 2. Under the usual common law rules applicable in |
| 18 | | determining the
employer-employee relationship, has the |
| 19 | | status of an employee with a
municipality, or any |
| 20 | | instrumentality thereof, or a participating
|
| 21 | | instrumentality, including alderpersons, county |
| 22 | | supervisors and other
persons (excepting those employed as |
| 23 | | independent contractors) who are
paid compensation, fees, |
| 24 | | allowances or other emolument for official
duties, and, in |
| 25 | | counties, the several county fee offices.
|
|
| | HB5501 | - 644 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b) Serves as a township treasurer appointed under the |
| 2 | | School
Code, as heretofore or hereafter amended, and
who |
| 3 | | receives for such services regular compensation as |
| 4 | | distinguished
from per diem compensation, and any regular |
| 5 | | employee in the office of
any township treasurer whether |
| 6 | | or not his earnings are paid from the
income of the |
| 7 | | permanent township fund or from funds subject to
|
| 8 | | distribution to the several school districts and parts of |
| 9 | | school
districts as provided in the School Code, or from |
| 10 | | both such sources; or is the chief executive officer, |
| 11 | | chief educational officer, chief fiscal officer, or other |
| 12 | | employee of a Financial Oversight Panel established |
| 13 | | pursuant to Article 1H of the School Code, other than a |
| 14 | | superintendent or certified school business official, |
| 15 | | except that such person shall not be treated as an |
| 16 | | employee under this Section if that person has negotiated |
| 17 | | with the Financial Oversight Panel, in conjunction with |
| 18 | | the school district, a contractual agreement for exclusion |
| 19 | | from this Section.
|
| 20 | | (c) Holds an elective office in a municipality, |
| 21 | | instrumentality
thereof or participating instrumentality.
|
| 22 | | (2) "Employee" does not include persons who:
|
| 23 | | (a) Are eligible for inclusion under any of the |
| 24 | | following laws:
|
| 25 | | 1. "An Act in relation to an Illinois State |
| 26 | | Teachers' Pension and
Retirement Fund", approved May |
|
| | HB5501 | - 645 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 27, 1915, as amended;
|
| 2 | | 2. Articles 15 and 16 of this Code.
|
| 3 | | However, such persons shall be included as employees |
| 4 | | to the extent of
earnings that are not eligible for |
| 5 | | inclusion under the foregoing laws
for services not of an |
| 6 | | instructional nature of any kind.
|
| 7 | | However, any member of the armed forces who is |
| 8 | | employed as a teacher
of subjects in the Reserve Officers |
| 9 | | Training Corps of any school and who
is not certified |
| 10 | | under the law governing the certification of teachers
|
| 11 | | shall be included as an employee.
|
| 12 | | (b) Are designated by the governing body of a |
| 13 | | municipality in which a
pension fund is required by law to |
| 14 | | be established for policemen or
firemen, respectively, as |
| 15 | | performing police or fire protection duties,
except that |
| 16 | | when such persons are the heads of the police or fire
|
| 17 | | department and are not eligible to be included within any |
| 18 | | such pension
fund, they shall be included within this |
| 19 | | Article; provided, that such
persons shall not be excluded |
| 20 | | to the extent of concurrent service and
earnings not |
| 21 | | designated as being for police or fire protection duties.
|
| 22 | | However, (i) any head of a police department who was a |
| 23 | | participant under this
Article immediately before October |
| 24 | | 1, 1977 and did not elect, under Section
3-109 of this Act, |
| 25 | | to participate in a police pension fund shall be an
|
| 26 | | "employee", and (ii) any chief of police who became a |
|
| | HB5501 | - 646 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | participating employee under this Article before January |
| 2 | | 1, 2019 and who elects to participate in this
Fund under |
| 3 | | Section 3-109.1 of this Code, regardless of whether such |
| 4 | | person
continues to be employed as chief of police or is |
| 5 | | employed in some other
rank or capacity within the police |
| 6 | | department, shall be an employee under
this Article for so |
| 7 | | long as such person is employed to perform police
duties |
| 8 | | by a participating municipality and has not lawfully |
| 9 | | rescinded that
election. |
| 10 | | (b-5) Were not participating employees under this |
| 11 | | Article before August 26, 2018 (the effective date of |
| 12 | | Public Act 100-1097) this amendatory Act of the 100th |
| 13 | | General Assembly and participated as a chief of police in |
| 14 | | a fund under Article 3 and return to work in any capacity |
| 15 | | with the police department, with any oversight of the |
| 16 | | police department, or in an advisory capacity for the |
| 17 | | police department with the same municipality with which |
| 18 | | that pension was earned, regardless of whether they are |
| 19 | | considered an employee of the police department or are |
| 20 | | eligible for inclusion in the municipality's Article 3 |
| 21 | | fund. |
| 22 | | (c) Are contributors to or eligible to contribute to a |
| 23 | | Taft-Hartley pension plan to which the participating |
| 24 | | municipality is required to contribute as the person's |
| 25 | | employer based on earnings from the municipality. Nothing |
| 26 | | in this paragraph shall affect service credit or |
|
| | HB5501 | - 647 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | creditable service for any period of service prior to July |
| 2 | | 16, 2014 (the effective date of Public Act 98-712) this |
| 3 | | amendatory Act of the 98th General Assembly, and this |
| 4 | | paragraph shall not apply to individuals who are |
| 5 | | participating in the Fund prior to July 16, 2014 (the |
| 6 | | effective date of Public Act 98-712) this amendatory Act |
| 7 | | of the 98th General Assembly.
|
| 8 | | (d) Become an employee of any of the following |
| 9 | | participating instrumentalities on or after January 1, |
| 10 | | 2017 (the effective date of Public Act 99-830) this |
| 11 | | amendatory Act of the 99th General Assembly: the Illinois |
| 12 | | Municipal League; the Illinois Association of Park |
| 13 | | Districts; the Illinois Supervisors, County Commissioners |
| 14 | | and Superintendents of Highways Association; an |
| 15 | | association, or not-for-profit corporation, membership in |
| 16 | | which is authorized under Section 85-15 of the Township |
| 17 | | Code; the United Counties Council; or the Will County |
| 18 | | Governmental League. |
| 19 | | (e) Are members of the Board of Trustees of the |
| 20 | | Firefighters' Pension Investment Fund, as created under |
| 21 | | Article 22C of this Code, in their capacity as members of |
| 22 | | the Board of Trustees of the Firefighters' Pension |
| 23 | | Investment Fund. |
| 24 | | (f) Are members of the Board of Trustees of the Police |
| 25 | | Officers' Pension Investment Fund, as created under |
| 26 | | Article 22B of this Code, in their capacity as members of |
|
| | HB5501 | - 648 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Board of Trustees of the Police Officers' Pension |
| 2 | | Investment Fund. |
| 3 | | (3) All persons, including, without limitation, public |
| 4 | | defenders and
probation officers, who receive earnings from |
| 5 | | general or special funds
of a county for performance of |
| 6 | | personal services or official duties
within the territorial |
| 7 | | limits of the county, are employees of the county
(unless |
| 8 | | excluded by subsection (2) of this Section) notwithstanding |
| 9 | | that
they may be appointed by and are subject to the direction |
| 10 | | of a person or
persons other than a county board or a county |
| 11 | | officer. It is hereby
established that an employer-employee |
| 12 | | relationship under the usual
common law rules exists between |
| 13 | | such employees and the county paying
their salaries by reason |
| 14 | | of the fact that the county boards fix their
rates of |
| 15 | | compensation, appropriate funds for payment of their earnings
|
| 16 | | and otherwise exercise control over them. This finding and |
| 17 | | this
amendatory Act shall apply to all such employees from the |
| 18 | | date of
appointment whether such date is prior to or after the |
| 19 | | effective date of
this amendatory Act and is intended to |
| 20 | | clarify existing law pertaining
to their status as |
| 21 | | participating employees in the Fund.
|
| 22 | | (Source: P.A. 102-15, eff. 6-17-21; 102-637, eff. 8-27-21; |
| 23 | | revised 10-5-21.)
|
| 24 | | (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
|
| 25 | | Sec. 7-141. Retirement annuities; conditions. Retirement |
|
| | HB5501 | - 649 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | annuities shall be payable as hereinafter set forth:
|
| 2 | | (a) A participating employee who, regardless of cause, is |
| 3 | | separated
from the service of all participating municipalities |
| 4 | | and
instrumentalities thereof and participating |
| 5 | | instrumentalities shall be
entitled to a retirement annuity |
| 6 | | provided:
|
| 7 | | 1. He is at least age 55 if he is a Tier 1 regular |
| 8 | | employee, he is age 62 if he is a Tier 2 regular employee, |
| 9 | | or, in the case of a person who is eligible
to have his |
| 10 | | annuity calculated under Section 7-142.1, he is at least |
| 11 | | age 50;
|
| 12 | | 2. He is not entitled to receive earnings for |
| 13 | | employment in a position requiring him, or entitling him |
| 14 | | to elect, to be a participating employee;
|
| 15 | | 3. The amount of his annuity, before the application |
| 16 | | of paragraph (b) of
Section 7-142 is at least $10 per |
| 17 | | month;
|
| 18 | | 4. If he first became a participating employee after |
| 19 | | December 31,
1961 and is a Tier 1 regular employee, he has |
| 20 | | at least 8 years of service, or, if he is a Tier 2 regular |
| 21 | | member, he has at least 10 years of service. This service |
| 22 | | requirement shall not
apply to any participating employee, |
| 23 | | regardless of participation date, if the
General Assembly |
| 24 | | terminates the Fund.
|
| 25 | | (b) Retirement annuities shall be payable:
|
| 26 | | 1. As provided in Section 7-119;
|
|
| | HB5501 | - 650 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 2. Except as provided in item 3, upon receipt by the |
| 2 | | fund of a written
application. The effective date may be |
| 3 | | not more than one
year prior to the date of the receipt by |
| 4 | | the fund of the application;
|
| 5 | | 3. Upon attainment of the required age of distribution |
| 6 | | under Section 401(a)(9) of the Internal Revenue Code of |
| 7 | | 1986, as amended, if the member (i) is no longer in
|
| 8 | | service,
and (ii) is otherwise entitled to an annuity |
| 9 | | under this Article;
|
| 10 | | 4. To the beneficiary of the deceased annuitant for |
| 11 | | the unpaid amount
accrued to date of death, if any.
|
| 12 | | (Source: P.A. 102-210, Article 5, Section 5-5, eff. 7-30-21; |
| 13 | | 102-210, Article 10, Section 10-5, eff. 1-1-22; revised |
| 14 | | 9-28-21.)
|
| 15 | | (40 ILCS 5/14-103.42) |
| 16 | | Sec. 14-103.42. Licensed health care professional. |
| 17 | | "Licensed health care professional": Any individual who has |
| 18 | | obtained a license through the Department of Financial and |
| 19 | | Professional Regulation under the Medical Practice Act of |
| 20 | | 1987, under the Physician Assistant Practice Act of 1987, or |
| 21 | | under the Clinical Psychologist Licensing Act or an advanced |
| 22 | | practice registered nurse licensed under the Nurse Practice |
| 23 | | Act.
|
| 24 | | (Source: P.A. 101-54, eff. 7-12-19; revised 1-9-22.)
|
|
| | HB5501 | - 651 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
|
| 2 | | Sec. 14-110. Alternative retirement annuity.
|
| 3 | | (a) Any member who has withdrawn from service with not |
| 4 | | less than 20
years of eligible creditable service and has |
| 5 | | attained age 55, and any
member who has withdrawn from service |
| 6 | | with not less than 25 years of
eligible creditable service and |
| 7 | | has attained age 50, regardless of whether
the attainment of |
| 8 | | either of the specified ages occurs while the member is
still |
| 9 | | in service, shall be entitled to receive at the option of the |
| 10 | | member,
in lieu of the regular or minimum retirement annuity, |
| 11 | | a retirement annuity
computed as follows:
|
| 12 | | (i) for periods of service as a noncovered employee:
|
| 13 | | if retirement occurs on or after January 1, 2001, 3% of |
| 14 | | final
average compensation for each year of creditable |
| 15 | | service; if retirement occurs
before January 1, 2001, 2 |
| 16 | | 1/4% of final average compensation for each of the
first |
| 17 | | 10 years of creditable service, 2 1/2% for each year above |
| 18 | | 10 years to
and including 20 years of creditable service, |
| 19 | | and 2 3/4% for each year of
creditable service above 20 |
| 20 | | years; and
|
| 21 | | (ii) for periods of eligible creditable service as a |
| 22 | | covered employee:
if retirement occurs on or after January |
| 23 | | 1, 2001, 2.5% of final average
compensation for each year |
| 24 | | of creditable service; if retirement occurs before
January |
| 25 | | 1, 2001, 1.67% of final average compensation for each of |
| 26 | | the first
10 years of such service, 1.90% for each of the |
|
| | HB5501 | - 654 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | not a sworn peace officer at the time of
the training.
|
| 2 | | A person under paragraph (20) is entitled to eligible |
| 3 | | creditable service for service credit earned under this |
| 4 | | Article on and after his or her transfer by Executive Order No. |
| 5 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. |
| 6 | | 2016-1. |
| 7 | | (c) For the purposes of this Section:
|
| 8 | | (1) The term "State policeman" includes any title or |
| 9 | | position
in the Illinois State Police that is held by an |
| 10 | | individual employed
under the Illinois State Police Act.
|
| 11 | | (2) The term "fire fighter in the fire protection |
| 12 | | service of a
department" includes all officers in such |
| 13 | | fire protection service
including fire chiefs and |
| 14 | | assistant fire chiefs.
|
| 15 | | (3) The term "air pilot" includes any employee whose |
| 16 | | official job
description on file in the Department of |
| 17 | | Central Management Services, or
in the department by which |
| 18 | | he is employed if that department is not covered
by the |
| 19 | | Personnel Code, states that his principal duty is the |
| 20 | | operation of
aircraft, and who possesses a pilot's |
| 21 | | license; however, the change in this
definition made by |
| 22 | | Public Act 83-842 this amendatory Act of 1983 shall not |
| 23 | | operate to exclude
any noncovered employee who was an "air |
| 24 | | pilot" for the purposes of this
Section on January 1, |
| 25 | | 1984.
|
| 26 | | (4) The term "special agent" means any person who by |
|
| | HB5501 | - 655 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | reason of
employment by the Division of Narcotic Control, |
| 2 | | the Bureau of Investigation
or, after July 1, 1977, the |
| 3 | | Division of Criminal Investigation, the
Division of |
| 4 | | Internal Investigation, the Division of Operations, the |
| 5 | | Division of Patrol Operations, or any
other Division or |
| 6 | | organizational
entity in the Illinois State Police is |
| 7 | | vested by law with duties to
maintain public order, |
| 8 | | investigate violations of the criminal law of this
State, |
| 9 | | enforce the laws of this State, make arrests and recover |
| 10 | | property.
The term "special agent" includes any title or |
| 11 | | position in the Illinois State Police that is held by an |
| 12 | | individual employed under the Illinois State
Police Act.
|
| 13 | | (5) The term "investigator for the Secretary of State" |
| 14 | | means any person
employed by the Office of the Secretary |
| 15 | | of State and vested with such
investigative duties as |
| 16 | | render him ineligible for coverage under the Social
|
| 17 | | Security Act by reason of Sections 218(d)(5)(A), |
| 18 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
|
| 19 | | A person who became employed as an investigator for |
| 20 | | the Secretary of
State between January 1, 1967 and |
| 21 | | December 31, 1975, and who has served as
such until |
| 22 | | attainment of age 60, either continuously or with a single |
| 23 | | break
in service of not more than 3 years duration, which |
| 24 | | break terminated before
January 1, 1976, shall be entitled |
| 25 | | to have his retirement annuity
calculated in accordance |
| 26 | | with subsection (a), notwithstanding
that he has less than |
|
| | HB5501 | - 656 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 20 years of credit for such service.
|
| 2 | | (6) The term "Conservation Police Officer" means any |
| 3 | | person employed
by the Division of Law Enforcement of the |
| 4 | | Department of Natural Resources and
vested with such law |
| 5 | | enforcement duties as render him ineligible for coverage
|
| 6 | | under the Social Security Act by reason of Sections |
| 7 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The |
| 8 | | term "Conservation Police Officer" includes
the positions |
| 9 | | of Chief Conservation Police Administrator and Assistant
|
| 10 | | Conservation Police Administrator.
|
| 11 | | (7) The term "investigator for the Department of |
| 12 | | Revenue" means any
person employed by the Department of |
| 13 | | Revenue and vested with such
investigative duties as |
| 14 | | render him ineligible for coverage under the Social
|
| 15 | | Security Act by reason of Sections 218(d)(5)(A), |
| 16 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
|
| 17 | | The term "investigator for the Illinois Gaming Board" |
| 18 | | means any
person employed as such by the Illinois Gaming |
| 19 | | Board and vested with such
peace officer duties as render |
| 20 | | the person ineligible for coverage under the Social
|
| 21 | | Security Act by reason of Sections 218(d)(5)(A), |
| 22 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
|
| 23 | | (8) The term "security employee of the Department of |
| 24 | | Human Services"
means any person employed by the |
| 25 | | Department of Human Services who (i) is
employed at the |
| 26 | | Chester Mental Health Center and has daily contact with |
|
| | HB5501 | - 657 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the
residents thereof, (ii) is employed within a security |
| 2 | | unit at a facility
operated by the Department and has |
| 3 | | daily contact with the residents of the
security unit, |
| 4 | | (iii) is employed at a facility operated by the Department
|
| 5 | | that includes a security unit and is regularly scheduled |
| 6 | | to work at least
50% of his or her working hours within |
| 7 | | that security unit, or (iv) is a mental health police |
| 8 | | officer.
"Mental health police officer" means any person |
| 9 | | employed by the Department of
Human Services in a position |
| 10 | | pertaining to the Department's mental health and
|
| 11 | | developmental disabilities functions who is vested with |
| 12 | | such law enforcement
duties as render the person |
| 13 | | ineligible for coverage under the Social Security
Act by |
| 14 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
| 15 | | 218(l)(1) of that
Act. "Security unit" means that portion |
| 16 | | of a facility that is devoted to
the care, containment, |
| 17 | | and treatment of persons committed to the Department of
|
| 18 | | Human Services as sexually violent persons, persons unfit |
| 19 | | to stand trial, or
persons not guilty by reason of |
| 20 | | insanity. With respect to past employment,
references to |
| 21 | | the Department of Human Services include its predecessor, |
| 22 | | the
Department of Mental Health and Developmental |
| 23 | | Disabilities.
|
| 24 | | The changes made to this subdivision (c)(8) by Public |
| 25 | | Act 92-14 apply to persons who retire on or after January |
| 26 | | 1,
2001, notwithstanding Section 1-103.1.
|
|
| | HB5501 | - 658 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (9) "Central Management Services security police |
| 2 | | officer" means any
person employed by the Department of |
| 3 | | Central Management Services who is
vested with such law |
| 4 | | enforcement duties as render him ineligible for
coverage |
| 5 | | under the Social Security Act by reason of Sections |
| 6 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
|
| 7 | | (10) For a member who first became an employee under |
| 8 | | this Article before July 1, 2005, the term "security |
| 9 | | employee of the Department of Corrections or the |
| 10 | | Department of Juvenile Justice"
means any employee of the |
| 11 | | Department of Corrections or the Department of Juvenile |
| 12 | | Justice or the former
Department of Personnel, and any |
| 13 | | member or employee of the Prisoner
Review Board, who has |
| 14 | | daily contact with inmates or youth by working within a
|
| 15 | | correctional facility or Juvenile facility operated by the |
| 16 | | Department of Juvenile Justice or who is a parole officer |
| 17 | | or an employee who has
direct contact with committed |
| 18 | | persons in the performance of his or her
job duties. For a |
| 19 | | member who first becomes an employee under this Article on |
| 20 | | or after July 1, 2005, the term means an employee of the |
| 21 | | Department of Corrections or the Department of Juvenile |
| 22 | | Justice who is any of the following: (i) officially |
| 23 | | headquartered at a correctional facility or Juvenile |
| 24 | | facility operated by the Department of Juvenile Justice, |
| 25 | | (ii) a parole officer, (iii) a member of the apprehension |
| 26 | | unit, (iv) a member of the intelligence unit, (v) a member |
|
| | HB5501 | - 659 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the sort team, or (vi) an investigator.
|
| 2 | | (11) The term "dangerous drugs investigator" means any |
| 3 | | person who is
employed as such by the Department of Human |
| 4 | | Services.
|
| 5 | | (12) The term "investigator for the Illinois State |
| 6 | | Police" means
a person employed by the Illinois State |
| 7 | | Police who is vested under
Section 4 of the Narcotic |
| 8 | | Control Division Abolition Act with such
law enforcement |
| 9 | | powers as render him ineligible for coverage under the
|
| 10 | | Social Security Act by reason of Sections 218(d)(5)(A), |
| 11 | | 218(d)(8)(D) and
218(l)(1) of that Act.
|
| 12 | | (13) "Investigator for the Office of the Attorney |
| 13 | | General" means any
person who is employed as such by the |
| 14 | | Office of the Attorney General and
is vested with such |
| 15 | | investigative duties as render him ineligible for
coverage |
| 16 | | under the Social Security Act by reason of Sections |
| 17 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For |
| 18 | | the period before January 1,
1989, the term includes all |
| 19 | | persons who were employed as investigators by the
Office |
| 20 | | of the Attorney General, without regard to social security |
| 21 | | status.
|
| 22 | | (14) "Controlled substance inspector" means any person |
| 23 | | who is employed
as such by the Department of Professional |
| 24 | | Regulation and is vested with such
law enforcement duties |
| 25 | | as render him ineligible for coverage under the Social
|
| 26 | | Security Act by reason of Sections 218(d)(5)(A), |
|
| | HB5501 | - 660 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term |
| 2 | | "controlled substance inspector" includes the Program
|
| 3 | | Executive of Enforcement and the Assistant Program |
| 4 | | Executive of Enforcement.
|
| 5 | | (15) The term "investigator for the Office of the |
| 6 | | State's Attorneys
Appellate Prosecutor" means a person |
| 7 | | employed in that capacity on a full-time full
time basis |
| 8 | | under the authority of Section 7.06 of the State's |
| 9 | | Attorneys
Appellate Prosecutor's Act.
|
| 10 | | (16) "Commerce Commission police officer" means any |
| 11 | | person employed
by the Illinois Commerce Commission who is |
| 12 | | vested with such law
enforcement duties as render him |
| 13 | | ineligible for coverage under the Social
Security Act by |
| 14 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
|
| 15 | | 218(l)(1) of that Act.
|
| 16 | | (17) "Arson investigator" means any person who is |
| 17 | | employed as such by
the Office of the State Fire Marshal |
| 18 | | and is vested with such law enforcement
duties as render |
| 19 | | the person ineligible for coverage under the Social |
| 20 | | Security
Act by reason of Sections 218(d)(5)(A), |
| 21 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was |
| 22 | | employed as an arson
investigator on January 1, 1995 and |
| 23 | | is no longer in service but not yet
receiving a retirement |
| 24 | | annuity may convert his or her creditable service for
|
| 25 | | employment as an arson investigator into eligible |
| 26 | | creditable service by paying
to the System the difference |
|
| | HB5501 | - 661 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | between the employee contributions actually paid
for that |
| 2 | | service and the amounts that would have been contributed |
| 3 | | if the
applicant were contributing at the rate applicable |
| 4 | | to persons with the same
social security status earning |
| 5 | | eligible creditable service on the date of
application.
|
| 6 | | (18) The term "State highway maintenance worker" means |
| 7 | | a person who is
either of the following:
|
| 8 | | (i) A person employed on a full-time basis by the |
| 9 | | Illinois
Department of Transportation in the position |
| 10 | | of
highway maintainer,
highway maintenance lead |
| 11 | | worker,
highway maintenance lead/lead worker,
heavy |
| 12 | | construction equipment operator,
power shovel |
| 13 | | operator, or
bridge mechanic; and
whose principal |
| 14 | | responsibility is to perform, on the roadway, the |
| 15 | | actual
maintenance necessary to keep the highways that |
| 16 | | form a part of the State
highway system in serviceable |
| 17 | | condition for vehicular traffic.
|
| 18 | | (ii) A person employed on a full-time basis by the |
| 19 | | Illinois
State Toll Highway Authority in the position |
| 20 | | of
equipment operator/laborer H-4,
equipment |
| 21 | | operator/laborer H-6,
welder H-4,
welder H-6,
|
| 22 | | mechanical/electrical H-4,
mechanical/electrical H-6,
|
| 23 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
| 24 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
| 25 | | roadway lighting H-6,
structural H-4,
structural H-6,
|
| 26 | | painter H-4, or
painter H-6; and
whose principal |
|
| | HB5501 | - 662 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | responsibility is to perform, on the roadway, the |
| 2 | | actual
maintenance necessary to keep the Authority's |
| 3 | | tollways in serviceable condition
for vehicular |
| 4 | | traffic.
|
| 5 | | (19) The term "security employee of the Department of |
| 6 | | Innovation and Technology" means a person who was a |
| 7 | | security employee of the Department of Corrections or the |
| 8 | | Department of Juvenile Justice, was transferred to the |
| 9 | | Department of Innovation and Technology pursuant to |
| 10 | | Executive Order 2016-01, and continues to perform similar |
| 11 | | job functions under that Department. |
| 12 | | (20) "Transferred employee" means an employee who was |
| 13 | | transferred to the Department of Central Management |
| 14 | | Services by Executive Order No. 2003-10 or Executive Order |
| 15 | | No. 2004-2 or transferred to the Department of Innovation |
| 16 | | and Technology by Executive Order No. 2016-1, or both, and |
| 17 | | was entitled to eligible creditable service for services |
| 18 | | immediately preceding the transfer. |
| 19 | | (d) A security employee of the Department of Corrections |
| 20 | | or the Department of Juvenile Justice, a security
employee of |
| 21 | | the Department of Human Services who is not a mental health |
| 22 | | police
officer, and a security employee of the Department of |
| 23 | | Innovation and Technology shall not be eligible for the |
| 24 | | alternative retirement annuity provided
by this Section unless |
| 25 | | he or she meets the following minimum age and service
|
| 26 | | requirements at the time of retirement:
|
|
| | HB5501 | - 663 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (i) 25 years of eligible creditable service and age |
| 2 | | 55; or
|
| 3 | | (ii) beginning January 1, 1987, 25 years of eligible |
| 4 | | creditable service
and age 54, or 24 years of eligible |
| 5 | | creditable service and age 55; or
|
| 6 | | (iii) beginning January 1, 1988, 25 years of eligible |
| 7 | | creditable service
and age 53, or 23 years of eligible |
| 8 | | creditable service and age 55; or
|
| 9 | | (iv) beginning January 1, 1989, 25 years of eligible |
| 10 | | creditable service
and age 52, or 22 years of eligible |
| 11 | | creditable service and age 55; or
|
| 12 | | (v) beginning January 1, 1990, 25 years of eligible |
| 13 | | creditable service
and age 51, or 21 years of eligible |
| 14 | | creditable service and age 55; or
|
| 15 | | (vi) beginning January 1, 1991, 25 years of eligible |
| 16 | | creditable service
and age 50, or 20 years of eligible |
| 17 | | creditable service and age 55.
|
| 18 | | Persons who have service credit under Article 16 of this |
| 19 | | Code for service
as a security employee of the Department of |
| 20 | | Corrections or the Department of Juvenile Justice, or the |
| 21 | | Department
of Human Services in a position requiring |
| 22 | | certification as a teacher may
count such service toward |
| 23 | | establishing their eligibility under the service
requirements |
| 24 | | of this Section; but such service may be used only for
|
| 25 | | establishing such eligibility, and not for the purpose of |
| 26 | | increasing or
calculating any benefit.
|
|
| | HB5501 | - 664 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (e) If a member enters military service while working in a |
| 2 | | position in
which eligible creditable service may be earned, |
| 3 | | and returns to State
service in the same or another such |
| 4 | | position, and fulfills in all other
respects the conditions |
| 5 | | prescribed in this Article for credit for military
service, |
| 6 | | such military service shall be credited as eligible creditable
|
| 7 | | service for the purposes of the retirement annuity prescribed |
| 8 | | in this Section.
|
| 9 | | (f) For purposes of calculating retirement annuities under |
| 10 | | this
Section, periods of service rendered after December 31, |
| 11 | | 1968 and before
October 1, 1975 as a covered employee in the |
| 12 | | position of special agent,
conservation police officer, mental |
| 13 | | health police officer, or investigator
for the Secretary of |
| 14 | | State, shall be deemed to have been service as a
noncovered |
| 15 | | employee, provided that the employee pays to the System prior |
| 16 | | to
retirement an amount equal to (1) the difference between |
| 17 | | the employee
contributions that would have been required for |
| 18 | | such service as a
noncovered employee, and the amount of |
| 19 | | employee contributions actually
paid, plus (2) if payment is |
| 20 | | made after July 31, 1987, regular interest
on the amount |
| 21 | | specified in item (1) from the date of service to the date
of |
| 22 | | payment.
|
| 23 | | For purposes of calculating retirement annuities under |
| 24 | | this Section,
periods of service rendered after December 31, |
| 25 | | 1968 and before January 1,
1982 as a covered employee in the |
| 26 | | position of investigator for the
Department of Revenue shall |
|
| | HB5501 | - 665 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be deemed to have been service as a noncovered
employee, |
| 2 | | provided that the employee pays to the System prior to |
| 3 | | retirement
an amount equal to (1) the difference between the |
| 4 | | employee contributions
that would have been required for such |
| 5 | | service as a noncovered employee,
and the amount of employee |
| 6 | | contributions actually paid, plus (2) if payment
is made after |
| 7 | | January 1, 1990, regular interest on the amount specified in
|
| 8 | | item (1) from the date of service to the date of payment.
|
| 9 | | (g) A State policeman may elect, not later than January 1, |
| 10 | | 1990, to
establish eligible creditable service for up to 10 |
| 11 | | years of his service as
a policeman under Article 3, by filing |
| 12 | | a written election with the Board,
accompanied by payment of |
| 13 | | an amount to be determined by the Board, equal to
(i) the |
| 14 | | difference between the amount of employee and employer
|
| 15 | | contributions transferred to the System under Section 3-110.5, |
| 16 | | and the
amounts that would have been contributed had such |
| 17 | | contributions been made
at the rates applicable to State |
| 18 | | policemen, plus (ii) interest thereon at
the effective rate |
| 19 | | for each year, compounded annually, from the date of
service |
| 20 | | to the date of payment.
|
| 21 | | Subject to the limitation in subsection (i), a State |
| 22 | | policeman may elect,
not later than July 1, 1993, to establish |
| 23 | | eligible creditable service for
up to 10 years of his service |
| 24 | | as a member of the County Police Department
under Article 9, by |
| 25 | | filing a written election with the Board, accompanied
by |
| 26 | | payment of an amount to be determined by the Board, equal to |
|
| | HB5501 | - 666 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (i) the
difference between the amount of employee and employer |
| 2 | | contributions
transferred to the System under Section 9-121.10 |
| 3 | | and the amounts that would
have been contributed had those |
| 4 | | contributions been made at the rates
applicable to State |
| 5 | | policemen, plus (ii) interest thereon at the effective
rate |
| 6 | | for each year, compounded annually, from the date of service |
| 7 | | to the
date of payment.
|
| 8 | | (h) Subject to the limitation in subsection (i), a State |
| 9 | | policeman or
investigator for the Secretary of State may elect |
| 10 | | to establish eligible
creditable service for up to 12 years of |
| 11 | | his service as a policeman under
Article 5, by filing a written |
| 12 | | election with the Board on or before January
31, 1992, and |
| 13 | | paying to the System by January 31, 1994 an amount to be
|
| 14 | | determined by the Board, equal to (i) the difference between |
| 15 | | the amount of
employee and employer contributions transferred |
| 16 | | to the System under Section
5-236, and the amounts that would |
| 17 | | have been contributed had such
contributions been made at the |
| 18 | | rates applicable to State policemen, plus
(ii) interest |
| 19 | | thereon at the effective rate for each year, compounded
|
| 20 | | annually, from the date of service to the date of payment.
|
| 21 | | Subject to the limitation in subsection (i), a State |
| 22 | | policeman,
conservation police officer, or investigator for |
| 23 | | the Secretary of State may
elect to establish eligible |
| 24 | | creditable service for up to 10 years of
service as a sheriff's |
| 25 | | law enforcement employee under Article 7, by filing
a written |
| 26 | | election with the Board on or before January 31, 1993, and |
|
| | HB5501 | - 667 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | paying
to the System by January 31, 1994 an amount to be |
| 2 | | determined by the Board,
equal to (i) the difference between |
| 3 | | the amount of employee and
employer contributions transferred |
| 4 | | to the System under Section
7-139.7, and the amounts that |
| 5 | | would have been contributed had such
contributions been made |
| 6 | | at the rates applicable to State policemen, plus
(ii) interest |
| 7 | | thereon at the effective rate for each year, compounded
|
| 8 | | annually, from the date of service to the date of payment.
|
| 9 | | Subject to the limitation in subsection (i), a State |
| 10 | | policeman,
conservation police officer, or investigator for |
| 11 | | the Secretary of State may
elect to establish eligible |
| 12 | | creditable service for up to 5 years of
service as a police |
| 13 | | officer under Article 3, a policeman under Article 5, a |
| 14 | | sheriff's law enforcement employee under Article 7, a member |
| 15 | | of the county police department under Article 9, or a police |
| 16 | | officer under Article 15 by filing
a written election with the |
| 17 | | Board and paying
to the System an amount to be determined by |
| 18 | | the Board,
equal to (i) the difference between the amount of |
| 19 | | employee and
employer contributions transferred to the System |
| 20 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
| 21 | | and the amounts that would have been contributed had such
|
| 22 | | contributions been made at the rates applicable to State |
| 23 | | policemen, plus
(ii) interest thereon at the effective rate |
| 24 | | for each year, compounded
annually, from the date of service |
| 25 | | to the date of payment. |
| 26 | | Subject to the limitation in subsection (i), an |
|
| | HB5501 | - 668 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | investigator for the Office of the Attorney General, or an |
| 2 | | investigator for the Department of Revenue, may elect to |
| 3 | | establish eligible creditable service for up to 5 years of |
| 4 | | service as a police officer under Article 3, a policeman under |
| 5 | | Article 5, a sheriff's law enforcement employee under Article |
| 6 | | 7, or a member of the county police department under Article 9 |
| 7 | | by filing a written election with the Board within 6 months |
| 8 | | after August 25, 2009 (the effective date of Public Act |
| 9 | | 96-745) and paying to the System an amount to be determined by |
| 10 | | the Board, equal to (i) the difference between the amount of |
| 11 | | employee and employer contributions transferred to the System |
| 12 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
| 13 | | amounts that would have been contributed had such |
| 14 | | contributions been made at the rates applicable to State |
| 15 | | policemen, plus (ii) interest thereon at the actuarially |
| 16 | | assumed rate for each year, compounded annually, from the date |
| 17 | | of service to the date of payment. |
| 18 | | Subject to the limitation in subsection (i), a State |
| 19 | | policeman, conservation police officer, investigator for the |
| 20 | | Office of the Attorney General, an investigator for the |
| 21 | | Department of Revenue, or investigator for the Secretary of |
| 22 | | State may elect to establish eligible creditable service for |
| 23 | | up to 5 years of service as a person employed by a |
| 24 | | participating municipality to perform police duties, or law |
| 25 | | enforcement officer employed on a full-time basis by a forest |
| 26 | | preserve district under Article 7, a county corrections |
|
| | HB5501 | - 669 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | officer, or a court services officer under Article 9, by |
| 2 | | filing a written election with the Board within 6 months after |
| 3 | | August 25, 2009 (the effective date of Public Act 96-745) and |
| 4 | | paying to the System an amount to be determined by the Board, |
| 5 | | equal to (i) the difference between the amount of employee and |
| 6 | | employer contributions transferred to the System under |
| 7 | | Sections 7-139.8 and 9-121.10 and the amounts that would have |
| 8 | | been contributed had such contributions been made at the rates |
| 9 | | applicable to State policemen, plus (ii) interest thereon at |
| 10 | | the actuarially assumed rate for each year, compounded |
| 11 | | annually, from the date of service to the date of payment. |
| 12 | | Subject to the limitation in subsection (i), a State |
| 13 | | policeman, arson
investigator, or Commerce Commission police |
| 14 | | officer may elect to establish eligible creditable service for |
| 15 | | up to 5 years of service as a person employed by a |
| 16 | | participating municipality to perform police duties under |
| 17 | | Article 7, a county corrections officer, a court services |
| 18 | | officer under Article 9, or a firefighter
under Article 4 by |
| 19 | | filing a written election with the Board within 6 months after |
| 20 | | July 30, 2021 (the effective date of Public Act 102-210) this |
| 21 | | amendatory Act of the 102nd General Assembly and paying to the |
| 22 | | System an amount to be determined by the Board equal to (i) the |
| 23 | | difference between the amount of employee and employer |
| 24 | | contributions transferred to the System under Sections |
| 25 | | 4-108.8, 7-139.8, and 9-121.10 and the amounts that would have |
| 26 | | been contributed had such contributions been made at the rates |
|
| | HB5501 | - 670 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | applicable to State policemen, plus (ii) interest thereon at |
| 2 | | the actuarially assumed rate for each year, compounded |
| 3 | | annually, from the date of service to the date of payment. |
| 4 | | Subject to the limitation in subsection (i), a |
| 5 | | conservation police officer may elect to establish eligible |
| 6 | | creditable service for up to 5 years of service as a person |
| 7 | | employed by a participating municipality to perform police |
| 8 | | duties under Article 7, a county corrections officer, or a |
| 9 | | court services officer under Article 9 by filing a written |
| 10 | | election with the Board within 6 months after July 30, 2021 |
| 11 | | (the effective date of Public Act 102-210) this amendatory Act |
| 12 | | of the 102nd General Assembly and paying to the System an |
| 13 | | amount to be determined by the Board equal to (i) the |
| 14 | | difference between the amount of employee and employer |
| 15 | | contributions transferred to the System under Sections 7-139.8 |
| 16 | | and 9-121.10 and the amounts that would have been contributed |
| 17 | | had such contributions been made at the rates applicable to |
| 18 | | State policemen, plus (ii) interest thereon at the actuarially |
| 19 | | assumed rate for each year, compounded annually, from the date |
| 20 | | of service to the date of payment. |
| 21 | | Notwithstanding the limitation in subsection (i), a State |
| 22 | | policeman or conservation police officer may elect to convert |
| 23 | | service credit earned under this Article to eligible |
| 24 | | creditable service, as defined by this Section, by filing a |
| 25 | | written election with the board within 6 months after July 30, |
| 26 | | 2021 (the effective date of Public Act 102-210) this |
|
| | HB5501 | - 671 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | amendatory Act of the 102nd General Assembly and paying to the |
| 2 | | System an amount to be determined by the Board equal to (i) the |
| 3 | | difference between the amount of employee contributions |
| 4 | | originally paid for that service and the amounts that would |
| 5 | | have been contributed had such contributions been made at the |
| 6 | | rates applicable to State policemen, plus (ii) the difference |
| 7 | | between the employer's normal cost of the credit prior to the |
| 8 | | conversion authorized by Public Act 102-210 this amendatory |
| 9 | | Act of the 102nd General Assembly and the employer's normal |
| 10 | | cost of the credit converted in accordance with Public Act |
| 11 | | 102-210 this amendatory Act of the 102nd General Assembly, |
| 12 | | plus (iii) interest thereon at the actuarially assumed rate |
| 13 | | for each year, compounded annually, from the date of service |
| 14 | | to the date of payment. |
| 15 | | (i) The total amount of eligible creditable service |
| 16 | | established by any
person under subsections (g), (h), (j), |
| 17 | | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 |
| 18 | | years.
|
| 19 | | (j) Subject to the limitation in subsection (i), an |
| 20 | | investigator for
the Office of the State's Attorneys Appellate |
| 21 | | Prosecutor or a controlled
substance inspector may elect to
|
| 22 | | establish eligible creditable service for up to 10 years of |
| 23 | | his service as
a policeman under Article 3 or a sheriff's law |
| 24 | | enforcement employee under
Article 7, by filing a written |
| 25 | | election with the Board, accompanied by
payment of an amount |
| 26 | | to be determined by the Board, equal to (1) the
difference |
|
| | HB5501 | - 672 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | between the amount of employee and employer contributions
|
| 2 | | transferred to the System under Section 3-110.6 or 7-139.8, |
| 3 | | and the amounts
that would have been contributed had such |
| 4 | | contributions been made at the
rates applicable to State |
| 5 | | policemen, plus (2) interest thereon at the
effective rate for |
| 6 | | each year, compounded annually, from the date of service
to |
| 7 | | the date of payment.
|
| 8 | | (k) Subject to the limitation in subsection (i) of this |
| 9 | | Section, an
alternative formula employee may elect to |
| 10 | | establish eligible creditable
service for periods spent as a |
| 11 | | full-time law enforcement officer or full-time
corrections |
| 12 | | officer employed by the federal government or by a state or |
| 13 | | local
government located outside of Illinois, for which credit |
| 14 | | is not held in any
other public employee pension fund or |
| 15 | | retirement system. To obtain this
credit, the applicant must |
| 16 | | file a written application with the Board by March
31, 1998, |
| 17 | | accompanied by evidence of eligibility acceptable to the Board |
| 18 | | and
payment of an amount to be determined by the Board, equal |
| 19 | | to (1) employee
contributions for the credit being |
| 20 | | established, based upon the applicant's
salary on the first |
| 21 | | day as an alternative formula employee after the employment
|
| 22 | | for which credit is being established and the rates then |
| 23 | | applicable to
alternative formula employees, plus (2) an |
| 24 | | amount determined by the Board
to be the employer's normal |
| 25 | | cost of the benefits accrued for the credit being
established, |
| 26 | | plus (3) regular interest on the amounts in items (1) and (2) |
|
| | HB5501 | - 673 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | from
the first day as an alternative formula employee after |
| 2 | | the employment for which
credit is being established to the |
| 3 | | date of payment.
|
| 4 | | (l) Subject to the limitation in subsection (i), a |
| 5 | | security employee of
the Department of Corrections may elect, |
| 6 | | not later than July 1, 1998, to
establish eligible creditable |
| 7 | | service for up to 10 years of his or her service
as a policeman |
| 8 | | under Article 3, by filing a written election with the Board,
|
| 9 | | accompanied by payment of an amount to be determined by the |
| 10 | | Board, equal to
(i) the difference between the amount of |
| 11 | | employee and employer contributions
transferred to the System |
| 12 | | under Section 3-110.5, and the amounts that would
have been |
| 13 | | contributed had such contributions been made at the rates |
| 14 | | applicable
to security employees of the Department of |
| 15 | | Corrections, plus (ii) interest
thereon at the effective rate |
| 16 | | for each year, compounded annually, from the date
of service |
| 17 | | to the date of payment.
|
| 18 | | (l-5) Subject to the limitation in subsection (i) of this |
| 19 | | Section, a State policeman may elect to establish eligible |
| 20 | | creditable service for up to 5 years of service as a full-time |
| 21 | | law enforcement officer employed by the federal government or |
| 22 | | by a state or local government located outside of Illinois for |
| 23 | | which credit is not held in any other public employee pension |
| 24 | | fund or retirement system. To obtain this credit, the |
| 25 | | applicant must file a written application with the Board no |
| 26 | | later than 3 years after January 1, 2020 (the effective date of |
|
| | HB5501 | - 674 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Public Act 101-610) this amendatory Act of the 101st General |
| 2 | | Assembly, accompanied by evidence of eligibility acceptable to |
| 3 | | the Board and payment of an amount to be determined by the |
| 4 | | Board, equal to (1) employee contributions for the credit |
| 5 | | being established, based upon the applicant's salary on the |
| 6 | | first day as an alternative formula employee after the |
| 7 | | employment for which credit is being established and the rates |
| 8 | | then applicable to alternative formula employees, plus (2) an |
| 9 | | amount determined by the Board to be the employer's normal |
| 10 | | cost of the benefits accrued for the credit being established, |
| 11 | | plus (3) regular interest on the amounts in items (1) and (2) |
| 12 | | from the first day as an alternative formula employee after |
| 13 | | the employment for which credit is being established to the |
| 14 | | date of payment. |
| 15 | | (m) The amendatory changes to this Section made by Public |
| 16 | | Act 94-696 this amendatory Act of the 94th General Assembly |
| 17 | | apply only to: (1) security employees of the Department of |
| 18 | | Juvenile Justice employed by the Department of Corrections |
| 19 | | before June 1, 2006 (the effective date of Public Act 94-696) |
| 20 | | this amendatory Act of the 94th General Assembly and |
| 21 | | transferred to the Department of Juvenile Justice by Public |
| 22 | | Act 94-696 this amendatory Act of the 94th General Assembly; |
| 23 | | and (2) persons employed by the Department of Juvenile Justice |
| 24 | | on or after June 1, 2006 (the effective date of Public Act |
| 25 | | 94-696) this amendatory Act of the 94th General Assembly who |
| 26 | | are required by subsection (b) of Section 3-2.5-15 of the |
|
| | HB5501 | - 675 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Unified Code of Corrections to have any bachelor's or advanced |
| 2 | | degree from an accredited college or university or, in the |
| 3 | | case of persons who provide vocational training, who are |
| 4 | | required to have adequate knowledge in the skill for which |
| 5 | | they are providing the vocational training.
|
| 6 | | (n) A person employed in a position under subsection (b) |
| 7 | | of this Section who has purchased service credit under |
| 8 | | subsection (j) of Section 14-104 or subsection (b) of Section |
| 9 | | 14-105 in any other capacity under this Article may convert up |
| 10 | | to 5 years of that service credit into service credit covered |
| 11 | | under this Section by paying to the Fund an amount equal to (1) |
| 12 | | the additional employee contribution required under Section |
| 13 | | 14-133, plus (2) the additional employer contribution required |
| 14 | | under Section 14-131, plus (3) interest on items (1) and (2) at |
| 15 | | the actuarially assumed rate from the date of the service to |
| 16 | | the date of payment. |
| 17 | | (o) Subject to the limitation in subsection (i), a |
| 18 | | conservation police officer, investigator for the Secretary of |
| 19 | | State, Commerce Commission police officer, investigator for |
| 20 | | the Department of Revenue or the
Illinois Gaming Board, or |
| 21 | | arson investigator subject to subsection (g) of Section 1-160 |
| 22 | | may elect to convert up to 8 years of service credit |
| 23 | | established before January 1, 2020 (the effective date of |
| 24 | | Public Act 101-610) this amendatory Act of the 101st General |
| 25 | | Assembly as a conservation police officer, investigator for |
| 26 | | the Secretary of State, Commerce Commission police officer, |
|
| | HB5501 | - 676 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | investigator for the Department of Revenue or the
Illinois |
| 2 | | Gaming Board, or arson investigator under this Article into |
| 3 | | eligible creditable service by filing a written election with |
| 4 | | the Board no later than one year after January 1, 2020 (the |
| 5 | | effective date of Public Act 101-610) this amendatory Act of |
| 6 | | the 101st General Assembly, accompanied by payment of an |
| 7 | | amount to be determined by the Board equal to (i) the |
| 8 | | difference between the amount of the employee contributions |
| 9 | | actually paid for that service and the amount of the employee |
| 10 | | contributions that would have been paid had the employee |
| 11 | | contributions been made as a noncovered employee serving in a |
| 12 | | position in which eligible creditable service, as defined in |
| 13 | | this Section, may be earned, plus (ii) interest thereon at the |
| 14 | | effective rate for each year, compounded annually, from the |
| 15 | | date of service to the date of payment. |
| 16 | | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
| 17 | | 102-538, eff. 8-20-21; revised 10-12-21.)
|
| 18 | | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
|
| 19 | | Sec. 16-158. Contributions by State and other employing |
| 20 | | units.
|
| 21 | | (a) The State shall make contributions to the System by |
| 22 | | means of
appropriations from the Common School Fund and other |
| 23 | | State funds of amounts
which, together with other employer |
| 24 | | contributions, employee contributions,
investment income, and |
| 25 | | other income, will be sufficient to meet the cost of
|
|
| | HB5501 | - 677 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | maintaining and administering the System on a 90% funded basis |
| 2 | | in accordance
with actuarial recommendations.
|
| 3 | | The Board shall determine the amount of State |
| 4 | | contributions required for
each fiscal year on the basis of |
| 5 | | the actuarial tables and other assumptions
adopted by the |
| 6 | | Board and the recommendations of the actuary, using the |
| 7 | | formula
in subsection (b-3).
|
| 8 | | (a-1) Annually, on or before November 15 until November |
| 9 | | 15, 2011, the Board shall certify to the
Governor the amount of |
| 10 | | the required State contribution for the coming fiscal
year. |
| 11 | | The certification under this subsection (a-1) shall include a |
| 12 | | copy of the actuarial recommendations
upon which it is based |
| 13 | | and shall specifically identify the System's projected State |
| 14 | | normal cost for that fiscal year.
|
| 15 | | On or before May 1, 2004, the Board shall recalculate and |
| 16 | | recertify to
the Governor the amount of the required State |
| 17 | | contribution to the System for
State fiscal year 2005, taking |
| 18 | | into account the amounts appropriated to and
received by the |
| 19 | | System under subsection (d) of Section 7.2 of the General
|
| 20 | | Obligation Bond Act.
|
| 21 | | On or before July 1, 2005, the Board shall recalculate and |
| 22 | | recertify
to the Governor the amount of the required State
|
| 23 | | contribution to the System for State fiscal year 2006, taking |
| 24 | | into account the changes in required State contributions made |
| 25 | | by Public Act 94-4.
|
| 26 | | On or before April 1, 2011, the Board shall recalculate |
|
| | HB5501 | - 678 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and recertify to the Governor the amount of the required State |
| 2 | | contribution to the System for State fiscal year 2011, |
| 3 | | applying the changes made by Public Act 96-889 to the System's |
| 4 | | assets and liabilities as of June 30, 2009 as though Public Act |
| 5 | | 96-889 was approved on that date. |
| 6 | | (a-5) On or before November 1 of each year, beginning |
| 7 | | November 1, 2012, the Board shall submit to the State Actuary, |
| 8 | | the Governor, and the General Assembly a proposed |
| 9 | | certification of the amount of the required State contribution |
| 10 | | to the System for the next fiscal year, along with all of the |
| 11 | | actuarial assumptions, calculations, and data upon which that |
| 12 | | proposed certification is based. On or before January 1 of |
| 13 | | each year, beginning January 1, 2013, the State Actuary shall |
| 14 | | issue a preliminary report concerning the proposed |
| 15 | | certification and identifying, if necessary, recommended |
| 16 | | changes in actuarial assumptions that the Board must consider |
| 17 | | before finalizing its certification of the required State |
| 18 | | contributions. On or before January 15, 2013 and each January |
| 19 | | 15 thereafter, the Board shall certify to the Governor and the |
| 20 | | General Assembly the amount of the required State contribution |
| 21 | | for the next fiscal year. The Board's certification must note |
| 22 | | any deviations from the State Actuary's recommended changes, |
| 23 | | the reason or reasons for not following the State Actuary's |
| 24 | | recommended changes, and the fiscal impact of not following |
| 25 | | the State Actuary's recommended changes on the required State |
| 26 | | contribution. |
|
| | HB5501 | - 679 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a-10) By November 1, 2017, the Board shall recalculate |
| 2 | | and recertify to the State Actuary, the Governor, and the |
| 3 | | General Assembly the amount of the State contribution to the |
| 4 | | System for State fiscal year 2018, taking into account the |
| 5 | | changes in required State contributions made by Public Act |
| 6 | | 100-23. The State Actuary shall review the assumptions and |
| 7 | | valuations underlying the Board's revised certification and |
| 8 | | issue a preliminary report concerning the proposed |
| 9 | | recertification and identifying, if necessary, recommended |
| 10 | | changes in actuarial assumptions that the Board must consider |
| 11 | | before finalizing its certification of the required State |
| 12 | | contributions. The Board's final certification must note any |
| 13 | | deviations from the State Actuary's recommended changes, the |
| 14 | | reason or reasons for not following the State Actuary's |
| 15 | | recommended changes, and the fiscal impact of not following |
| 16 | | the State Actuary's recommended changes on the required State |
| 17 | | contribution. |
| 18 | | (a-15) On or after June 15, 2019, but no later than June |
| 19 | | 30, 2019, the Board shall recalculate and recertify to the |
| 20 | | Governor and the General Assembly the amount of the State |
| 21 | | contribution to the System for State fiscal year 2019, taking |
| 22 | | into account the changes in required State contributions made |
| 23 | | by Public Act 100-587. The recalculation shall be made using |
| 24 | | assumptions adopted by the Board for the original fiscal year |
| 25 | | 2019 certification. The monthly voucher for the 12th month of |
| 26 | | fiscal year 2019 shall be paid by the Comptroller after the |
|
| | HB5501 | - 680 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | recertification required pursuant to this subsection is |
| 2 | | submitted to the Governor, Comptroller, and General Assembly. |
| 3 | | The recertification submitted to the General Assembly shall be |
| 4 | | filed with the Clerk of the House of Representatives and the |
| 5 | | Secretary of the Senate in electronic form only, in the manner |
| 6 | | that the Clerk and the Secretary shall direct. |
| 7 | | (b) Through State fiscal year 1995, the State |
| 8 | | contributions shall be
paid to the System in accordance with |
| 9 | | Section 18-7 of the School Code.
|
| 10 | | (b-1) Beginning in State fiscal year 1996, on the 15th day |
| 11 | | of each month,
or as soon thereafter as may be practicable, the |
| 12 | | Board shall submit vouchers
for payment of State contributions |
| 13 | | to the System, in a total monthly amount of
one-twelfth of the |
| 14 | | required annual State contribution certified under
subsection |
| 15 | | (a-1).
From March 5, 2004 (the
effective date of Public Act |
| 16 | | 93-665)
through June 30, 2004, the Board shall not submit |
| 17 | | vouchers for the
remainder of fiscal year 2004 in excess of the |
| 18 | | fiscal year 2004
certified contribution amount determined |
| 19 | | under this Section
after taking into consideration the |
| 20 | | transfer to the System
under subsection (a) of Section 6z-61 |
| 21 | | of the State Finance Act.
These vouchers shall be paid by the |
| 22 | | State Comptroller and
Treasurer by warrants drawn on the funds |
| 23 | | appropriated to the System for that
fiscal year.
|
| 24 | | If in any month the amount remaining unexpended from all |
| 25 | | other appropriations
to the System for the applicable fiscal |
| 26 | | year (including the appropriations to
the System under Section |
|
| | HB5501 | - 681 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 8.12 of the State Finance Act and Section 1 of the
State |
| 2 | | Pension Funds Continuing Appropriation Act) is less than the |
| 3 | | amount
lawfully vouchered under this subsection, the |
| 4 | | difference shall be paid from the
Common School Fund under the |
| 5 | | continuing appropriation authority provided in
Section 1.1 of |
| 6 | | the State Pension Funds Continuing Appropriation Act.
|
| 7 | | (b-2) Allocations from the Common School Fund apportioned |
| 8 | | to school
districts not coming under this System shall not be |
| 9 | | diminished or affected by
the provisions of this Article.
|
| 10 | | (b-3) For State fiscal years 2012 through 2045, the |
| 11 | | minimum contribution
to the System to be made by the State for |
| 12 | | each fiscal year shall be an amount
determined by the System to |
| 13 | | be sufficient to bring the total assets of the
System up to 90% |
| 14 | | of the total actuarial liabilities of the System by the end of
|
| 15 | | State fiscal year 2045. In making these determinations, the |
| 16 | | required State
contribution shall be calculated each year as a |
| 17 | | level percentage of payroll
over the years remaining to and |
| 18 | | including fiscal year 2045 and shall be
determined under the |
| 19 | | projected unit credit actuarial cost method.
|
| 20 | | For each of State fiscal years 2018, 2019, and 2020, the |
| 21 | | State shall make an additional contribution to the System |
| 22 | | equal to 2% of the total payroll of each employee who is deemed |
| 23 | | to have elected the benefits under Section 1-161 or who has |
| 24 | | made the election under subsection (c) of Section 1-161. |
| 25 | | A change in an actuarial or investment assumption that |
| 26 | | increases or
decreases the required State contribution and |
|
| | HB5501 | - 682 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | first
applies in State fiscal year 2018 or thereafter shall be
|
| 2 | | implemented in equal annual amounts over a 5-year period
|
| 3 | | beginning in the State fiscal year in which the actuarial
|
| 4 | | change first applies to the required State contribution. |
| 5 | | A change in an actuarial or investment assumption that |
| 6 | | increases or
decreases the required State contribution and |
| 7 | | first
applied to the State contribution in fiscal year 2014, |
| 8 | | 2015, 2016, or 2017 shall be
implemented: |
| 9 | | (i) as already applied in State fiscal years before |
| 10 | | 2018; and |
| 11 | | (ii) in the portion of the 5-year period beginning in |
| 12 | | the State fiscal year in which the actuarial
change first |
| 13 | | applied that occurs in State fiscal year 2018 or |
| 14 | | thereafter, by calculating the change in equal annual |
| 15 | | amounts over that 5-year period and then implementing it |
| 16 | | at the resulting annual rate in each of the remaining |
| 17 | | fiscal years in that 5-year period. |
| 18 | | For State fiscal years 1996 through 2005, the State |
| 19 | | contribution to the
System, as a percentage of the applicable |
| 20 | | employee payroll, shall be increased
in equal annual |
| 21 | | increments so that by State fiscal year 2011, the State is
|
| 22 | | contributing at the rate required under this Section; except |
| 23 | | that in the
following specified State fiscal years, the State |
| 24 | | contribution to the System
shall not be less than the |
| 25 | | following indicated percentages of the applicable
employee |
| 26 | | payroll, even if the indicated percentage will produce a State
|
|
| | HB5501 | - 683 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | contribution in excess of the amount otherwise required under |
| 2 | | this subsection
and subsection (a), and notwithstanding any |
| 3 | | contrary certification made under
subsection (a-1) before May |
| 4 | | 27, 1998 (the effective date of Public Act 90-582):
10.02% in |
| 5 | | FY 1999;
10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY |
| 6 | | 2002;
12.86% in FY 2003; and
13.56% in FY 2004.
|
| 7 | | Notwithstanding any other provision of this Article, the |
| 8 | | total required State
contribution for State fiscal year 2006 |
| 9 | | is $534,627,700.
|
| 10 | | Notwithstanding any other provision of this Article, the |
| 11 | | total required State
contribution for State fiscal year 2007 |
| 12 | | is $738,014,500.
|
| 13 | | For each of State fiscal years 2008 through 2009, the |
| 14 | | State contribution to
the System, as a percentage of the |
| 15 | | applicable employee payroll, shall be
increased in equal |
| 16 | | annual increments from the required State contribution for |
| 17 | | State fiscal year 2007, so that by State fiscal year 2011, the
|
| 18 | | State is contributing at the rate otherwise required under |
| 19 | | this Section.
|
| 20 | | Notwithstanding any other provision of this Article, the |
| 21 | | total required State contribution for State fiscal year 2010 |
| 22 | | is $2,089,268,000 and shall be made from the proceeds of bonds |
| 23 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General |
| 24 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
| 25 | | expenses determined by the System's share of total bond |
| 26 | | proceeds, (ii) any amounts received from the Common School |
|
| | HB5501 | - 684 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Fund in fiscal year 2010, and (iii) any reduction in bond |
| 2 | | proceeds due to the issuance of discounted bonds, if |
| 3 | | applicable. |
| 4 | | Notwithstanding any other provision of this Article, the
|
| 5 | | total required State contribution for State fiscal year 2011 |
| 6 | | is
the amount recertified by the System on or before April 1, |
| 7 | | 2011 pursuant to subsection (a-1) of this Section and shall be |
| 8 | | made from the proceeds of bonds
sold in fiscal year 2011 |
| 9 | | pursuant to Section 7.2 of the General
Obligation Bond Act, |
| 10 | | less (i) the pro rata share of bond sale
expenses determined by |
| 11 | | the System's share of total bond
proceeds, (ii) any amounts |
| 12 | | received from the Common School Fund
in fiscal year 2011, and |
| 13 | | (iii) any reduction in bond proceeds
due to the issuance of |
| 14 | | discounted bonds, if applicable. This amount shall include, in |
| 15 | | addition to the amount certified by the System, an amount |
| 16 | | necessary to meet employer contributions required by the State |
| 17 | | as an employer under paragraph (e) of this Section, which may |
| 18 | | also be used by the System for contributions required by |
| 19 | | paragraph (a) of Section 16-127. |
| 20 | | Beginning in State fiscal year 2046, the minimum State |
| 21 | | contribution for
each fiscal year shall be the amount needed |
| 22 | | to maintain the total assets of
the System at 90% of the total |
| 23 | | actuarial liabilities of the System.
|
| 24 | | Amounts received by the System pursuant to Section 25 of |
| 25 | | the Budget Stabilization Act or Section 8.12 of the State |
| 26 | | Finance Act in any fiscal year do not reduce and do not |
|
| | HB5501 | - 685 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | constitute payment of any portion of the minimum State |
| 2 | | contribution required under this Article in that fiscal year. |
| 3 | | Such amounts shall not reduce, and shall not be included in the |
| 4 | | calculation of, the required State contributions under this |
| 5 | | Article in any future year until the System has reached a |
| 6 | | funding ratio of at least 90%. A reference in this Article to |
| 7 | | the "required State contribution" or any substantially similar |
| 8 | | term does not include or apply to any amounts payable to the |
| 9 | | System under Section 25 of the Budget Stabilization Act. |
| 10 | | Notwithstanding any other provision of this Section, the |
| 11 | | required State
contribution for State fiscal year 2005 and for |
| 12 | | fiscal year 2008 and each fiscal year thereafter, as
|
| 13 | | calculated under this Section and
certified under subsection |
| 14 | | (a-1), shall not exceed an amount equal to (i) the
amount of |
| 15 | | the required State contribution that would have been |
| 16 | | calculated under
this Section for that fiscal year if the |
| 17 | | System had not received any payments
under subsection (d) of |
| 18 | | Section 7.2 of the General Obligation Bond Act, minus
(ii) the |
| 19 | | portion of the State's total debt service payments for that |
| 20 | | fiscal
year on the bonds issued in fiscal year 2003 for the |
| 21 | | purposes of that Section 7.2, as determined
and certified by |
| 22 | | the Comptroller, that is the same as the System's portion of
|
| 23 | | the total moneys distributed under subsection (d) of Section |
| 24 | | 7.2 of the General
Obligation Bond Act. In determining this |
| 25 | | maximum for State fiscal years 2008 through 2010, however, the |
| 26 | | amount referred to in item (i) shall be increased, as a |
|
| | HB5501 | - 686 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | percentage of the applicable employee payroll, in equal |
| 2 | | increments calculated from the sum of the required State |
| 3 | | contribution for State fiscal year 2007 plus the applicable |
| 4 | | portion of the State's total debt service payments for fiscal |
| 5 | | year 2007 on the bonds issued in fiscal year 2003 for the |
| 6 | | purposes of Section 7.2 of the General
Obligation Bond Act, so |
| 7 | | that, by State fiscal year 2011, the
State is contributing at |
| 8 | | the rate otherwise required under this Section.
|
| 9 | | (b-4) Beginning in fiscal year 2018, each employer under |
| 10 | | this Article shall pay to the System a required contribution |
| 11 | | determined as a percentage of projected payroll and sufficient |
| 12 | | to produce an annual amount equal to: |
| 13 | | (i) for each of fiscal years 2018, 2019, and 2020, the |
| 14 | | defined benefit normal cost of the defined benefit plan, |
| 15 | | less the employee contribution, for each employee of that |
| 16 | | employer who has elected or who is deemed to have elected |
| 17 | | the benefits under Section 1-161 or who has made the |
| 18 | | election under subsection (b) of Section 1-161; for fiscal |
| 19 | | year 2021 and each fiscal year thereafter, the defined |
| 20 | | benefit normal cost of the defined benefit plan, less the |
| 21 | | employee contribution, plus 2%, for each employee of that |
| 22 | | employer who has elected or who is deemed to have elected |
| 23 | | the benefits under Section 1-161 or who has made the |
| 24 | | election under subsection (b) of Section 1-161; plus |
| 25 | | (ii) the amount required for that fiscal year to |
| 26 | | amortize any unfunded actuarial accrued liability |
|
| | HB5501 | - 687 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | associated with the present value of liabilities |
| 2 | | attributable to the employer's account under Section |
| 3 | | 16-158.3, determined
as a level percentage of payroll over |
| 4 | | a 30-year rolling amortization period. |
| 5 | | In determining contributions required under item (i) of |
| 6 | | this subsection, the System shall determine an aggregate rate |
| 7 | | for all employers, expressed as a percentage of projected |
| 8 | | payroll. |
| 9 | | In determining the contributions required under item (ii) |
| 10 | | of this subsection, the amount shall be computed by the System |
| 11 | | on the basis of the actuarial assumptions and tables used in |
| 12 | | the most recent actuarial valuation of the System that is |
| 13 | | available at the time of the computation. |
| 14 | | The contributions required under this subsection (b-4) |
| 15 | | shall be paid by an employer concurrently with that employer's |
| 16 | | payroll payment period. The State, as the actual employer of |
| 17 | | an employee, shall make the required contributions under this |
| 18 | | subsection. |
| 19 | | (c) Payment of the required State contributions and of all |
| 20 | | pensions,
retirement annuities, death benefits, refunds, and |
| 21 | | other benefits granted
under or assumed by this System, and |
| 22 | | all expenses in connection with the
administration and |
| 23 | | operation thereof, are obligations of the State.
|
| 24 | | If members are paid from special trust or federal funds |
| 25 | | which are
administered by the employing unit, whether school |
| 26 | | district or other
unit, the employing unit shall pay to the |
|
| | HB5501 | - 688 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | System from such
funds the full accruing retirement costs |
| 2 | | based upon that
service, which, beginning July 1, 2017, shall |
| 3 | | be at a rate, expressed as a percentage of salary, equal to the |
| 4 | | total employer's normal cost, expressed as a percentage of |
| 5 | | payroll, as determined by the System. Employer contributions, |
| 6 | | based on
salary paid to members from federal funds, may be |
| 7 | | forwarded by the distributing
agency of the State of Illinois |
| 8 | | to the System prior to allocation, in an
amount determined in |
| 9 | | accordance with guidelines established by such
agency and the |
| 10 | | System. Any contribution for fiscal year 2015 collected as a |
| 11 | | result of the change made by Public Act 98-674 shall be |
| 12 | | considered a State contribution under subsection (b-3) of this |
| 13 | | Section.
|
| 14 | | (d) Effective July 1, 1986, any employer of a teacher as |
| 15 | | defined in
paragraph (8) of Section 16-106 shall pay the |
| 16 | | employer's normal cost
of benefits based upon the teacher's |
| 17 | | service, in addition to
employee contributions, as determined |
| 18 | | by the System. Such employer
contributions shall be forwarded |
| 19 | | monthly in accordance with guidelines
established by the |
| 20 | | System.
|
| 21 | | However, with respect to benefits granted under Section |
| 22 | | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) |
| 23 | | of Section 16-106, the
employer's contribution shall be 12% |
| 24 | | (rather than 20%) of the member's
highest annual salary rate |
| 25 | | for each year of creditable service granted, and
the employer |
| 26 | | shall also pay the required employee contribution on behalf of
|
|
| | HB5501 | - 689 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the teacher. For the purposes of Sections 16-133.4 and |
| 2 | | 16-133.5, a teacher
as defined in paragraph (8) of Section |
| 3 | | 16-106 who is serving in that capacity
while on leave of |
| 4 | | absence from another employer under this Article shall not
be |
| 5 | | considered an employee of the employer from which the teacher |
| 6 | | is on leave.
|
| 7 | | (e) Beginning July 1, 1998, every employer of a teacher
|
| 8 | | shall pay to the System an employer contribution computed as |
| 9 | | follows:
|
| 10 | | (1) Beginning July 1, 1998 through June 30, 1999, the |
| 11 | | employer
contribution shall be equal to 0.3% of each |
| 12 | | teacher's salary.
|
| 13 | | (2) Beginning July 1, 1999 and thereafter, the |
| 14 | | employer
contribution shall be equal to 0.58% of each |
| 15 | | teacher's salary.
|
| 16 | | The school district or other employing unit may pay these |
| 17 | | employer
contributions out of any source of funding available |
| 18 | | for that purpose and
shall forward the contributions to the |
| 19 | | System on the schedule established
for the payment of member |
| 20 | | contributions.
|
| 21 | | These employer contributions are intended to offset a |
| 22 | | portion of the cost
to the System of the increases in |
| 23 | | retirement benefits resulting from Public Act 90-582.
|
| 24 | | Each employer of teachers is entitled to a credit against |
| 25 | | the contributions
required under this subsection (e) with |
| 26 | | respect to salaries paid to teachers
for the period January 1, |
|
| | HB5501 | - 690 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 2002 through June 30, 2003, equal to the amount paid
by that |
| 2 | | employer under subsection (a-5) of Section 6.6 of the State |
| 3 | | Employees
Group Insurance Act of 1971 with respect to salaries |
| 4 | | paid to teachers for that
period.
|
| 5 | | The additional 1% employee contribution required under |
| 6 | | Section 16-152 by Public Act 90-582
is the responsibility of |
| 7 | | the teacher and not the
teacher's employer, unless the |
| 8 | | employer agrees, through collective bargaining
or otherwise, |
| 9 | | to make the contribution on behalf of the teacher.
|
| 10 | | If an employer is required by a contract in effect on May |
| 11 | | 1, 1998 between the
employer and an employee organization to |
| 12 | | pay, on behalf of all its full-time
employees
covered by this |
| 13 | | Article, all mandatory employee contributions required under
|
| 14 | | this Article, then the employer shall be excused from paying |
| 15 | | the employer
contribution required under this subsection (e) |
| 16 | | for the balance of the term
of that contract. The employer and |
| 17 | | the employee organization shall jointly
certify to the System |
| 18 | | the existence of the contractual requirement, in such
form as |
| 19 | | the System may prescribe. This exclusion shall cease upon the
|
| 20 | | termination, extension, or renewal of the contract at any time |
| 21 | | after May 1,
1998.
|
| 22 | | (f) If the amount of a teacher's salary for any school year |
| 23 | | used to determine final average salary exceeds the member's |
| 24 | | annual full-time salary rate with the same employer for the |
| 25 | | previous school year by more than 6%, the teacher's employer |
| 26 | | shall pay to the System, in addition to all other payments |
|
| | HB5501 | - 691 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | required under this Section and in accordance with guidelines |
| 2 | | established by the System, the present value of the increase |
| 3 | | in benefits resulting from the portion of the increase in |
| 4 | | salary that is in excess of 6%. This present value shall be |
| 5 | | computed by the System on the basis of the actuarial |
| 6 | | assumptions and tables used in the most recent actuarial |
| 7 | | valuation of the System that is available at the time of the |
| 8 | | computation. If a teacher's salary for the 2005-2006 school |
| 9 | | year is used to determine final average salary under this |
| 10 | | subsection (f), then the changes made to this subsection (f) |
| 11 | | by Public Act 94-1057 shall apply in calculating whether the |
| 12 | | increase in his or her salary is in excess of 6%. For the |
| 13 | | purposes of this Section, change in employment under Section |
| 14 | | 10-21.12 of the School Code on or after June 1, 2005 shall |
| 15 | | constitute a change in employer. The System may require the |
| 16 | | employer to provide any pertinent information or |
| 17 | | documentation.
The changes made to this subsection (f) by |
| 18 | | Public Act 94-1111 apply without regard to whether the teacher |
| 19 | | was in service on or after its effective date.
|
| 20 | | Whenever it determines that a payment is or may be |
| 21 | | required under this subsection, the System shall calculate the |
| 22 | | amount of the payment and bill the employer for that amount. |
| 23 | | The bill shall specify the calculations used to determine the |
| 24 | | amount due. If the employer disputes the amount of the bill, it |
| 25 | | may, within 30 days after receipt of the bill, apply to the |
| 26 | | System in writing for a recalculation. The application must |
|
| | HB5501 | - 692 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | specify in detail the grounds of the dispute and, if the |
| 2 | | employer asserts that the calculation is subject to subsection |
| 3 | | (g), (g-5), (g-10), (g-15), or (h) of this Section, must |
| 4 | | include an affidavit setting forth and attesting to all facts |
| 5 | | within the employer's knowledge that are pertinent to the |
| 6 | | applicability of that subsection. Upon receiving a timely |
| 7 | | application for recalculation, the System shall review the |
| 8 | | application and, if appropriate, recalculate the amount due.
|
| 9 | | The employer contributions required under this subsection |
| 10 | | (f) may be paid in the form of a lump sum within 90 days after |
| 11 | | receipt of the bill. If the employer contributions are not |
| 12 | | paid within 90 days after receipt of the bill, then interest |
| 13 | | will be charged at a rate equal to the System's annual |
| 14 | | actuarially assumed rate of return on investment compounded |
| 15 | | annually from the 91st day after receipt of the bill. Payments |
| 16 | | must be concluded within 3 years after the employer's receipt |
| 17 | | of the bill.
|
| 18 | | (f-1) (Blank). |
| 19 | | (g) This subsection (g) applies only to payments made or |
| 20 | | salary increases given on or after June 1, 2005 but before July |
| 21 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
| 22 | | require the System to refund any payments received before
July |
| 23 | | 31, 2006 (the effective date of Public Act 94-1057). |
| 24 | | When assessing payment for any amount due under subsection |
| 25 | | (f), the System shall exclude salary increases paid to |
| 26 | | teachers under contracts or collective bargaining agreements |
|
| | HB5501 | - 693 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | entered into, amended, or renewed before June 1, 2005.
|
| 2 | | When assessing payment for any amount due under subsection |
| 3 | | (f), the System shall exclude salary increases paid to a |
| 4 | | teacher at a time when the teacher is 10 or more years from |
| 5 | | retirement eligibility under Section 16-132 or 16-133.2.
|
| 6 | | When assessing payment for any amount due under subsection |
| 7 | | (f), the System shall exclude salary increases resulting from |
| 8 | | overload work, including summer school, when the school |
| 9 | | district has certified to the System, and the System has |
| 10 | | approved the certification, that (i) the overload work is for |
| 11 | | the sole purpose of classroom instruction in excess of the |
| 12 | | standard number of classes for a full-time teacher in a school |
| 13 | | district during a school year and (ii) the salary increases |
| 14 | | are equal to or less than the rate of pay for classroom |
| 15 | | instruction computed on the teacher's current salary and work |
| 16 | | schedule.
|
| 17 | | When assessing payment for any amount due under subsection |
| 18 | | (f), the System shall exclude a salary increase resulting from |
| 19 | | a promotion (i) for which the employee is required to hold a |
| 20 | | certificate or supervisory endorsement issued by the State |
| 21 | | Teacher Certification Board that is a different certification |
| 22 | | or supervisory endorsement than is required for the teacher's |
| 23 | | previous position and (ii) to a position that has existed and |
| 24 | | been filled by a member for no less than one complete academic |
| 25 | | year and the salary increase from the promotion is an increase |
| 26 | | that results in an amount no greater than the lesser of the |
|
| | HB5501 | - 694 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | average salary paid for other similar positions in the |
| 2 | | district requiring the same certification or the amount |
| 3 | | stipulated in the collective bargaining agreement for a |
| 4 | | similar position requiring the same certification.
|
| 5 | | When assessing payment for any amount due under subsection |
| 6 | | (f), the System shall exclude any payment to the teacher from |
| 7 | | the State of Illinois or the State Board of Education over |
| 8 | | which the employer does not have discretion, notwithstanding |
| 9 | | that the payment is included in the computation of final |
| 10 | | average salary.
|
| 11 | | (g-5) When assessing payment for any amount due under |
| 12 | | subsection (f), the System shall exclude salary increases |
| 13 | | resulting from overload or stipend work performed in a school |
| 14 | | year subsequent to a school year in which the employer was |
| 15 | | unable to offer or allow to be conducted overload or stipend |
| 16 | | work due to an emergency declaration limiting such activities. |
| 17 | | (g-10) When assessing payment for any amount due under |
| 18 | | subsection (f), the System shall exclude salary increases |
| 19 | | resulting from increased instructional time that exceeded the |
| 20 | | instructional time required during the 2019-2020 school year. |
| 21 | | (g-15) (g-5) When assessing payment for any amount due |
| 22 | | under subsection (f), the System shall exclude salary |
| 23 | | increases resulting from teaching summer school on or after |
| 24 | | May 1, 2021 and before September 15, 2022. |
| 25 | | (h) When assessing payment for any amount due under |
| 26 | | subsection (f), the System shall exclude any salary increase |
|
| | HB5501 | - 695 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | described in subsection (g) of this Section given on or after |
| 2 | | July 1, 2011 but before July 1, 2014 under a contract or |
| 3 | | collective bargaining agreement entered into, amended, or |
| 4 | | renewed on or after June 1, 2005 but before July 1, 2011. |
| 5 | | Notwithstanding any other provision of this Section, any |
| 6 | | payments made or salary increases given after June 30, 2014 |
| 7 | | shall be used in assessing payment for any amount due under |
| 8 | | subsection (f) of this Section.
|
| 9 | | (i) The System shall prepare a report and file copies of |
| 10 | | the report with the Governor and the General Assembly by |
| 11 | | January 1, 2007 that contains all of the following |
| 12 | | information: |
| 13 | | (1) The number of recalculations required by the |
| 14 | | changes made to this Section by Public Act 94-1057 for |
| 15 | | each employer. |
| 16 | | (2) The dollar amount by which each employer's |
| 17 | | contribution to the System was changed due to |
| 18 | | recalculations required by Public Act 94-1057. |
| 19 | | (3) The total amount the System received from each |
| 20 | | employer as a result of the changes made to this Section by |
| 21 | | Public Act 94-4. |
| 22 | | (4) The increase in the required State contribution |
| 23 | | resulting from the changes made to this Section by Public |
| 24 | | Act 94-1057.
|
| 25 | | (i-5) For school years beginning on or after July 1, 2017, |
| 26 | | if the amount of a participant's salary for any school year |
|
| | HB5501 | - 696 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | exceeds the amount of the salary set for the Governor, the |
| 2 | | participant's employer shall pay to the System, in addition to |
| 3 | | all other payments required under this Section and in |
| 4 | | accordance with guidelines established by the System, an |
| 5 | | amount determined by the System to be equal to the employer |
| 6 | | normal cost, as established by the System and expressed as a |
| 7 | | total percentage of payroll, multiplied by the amount of |
| 8 | | salary in excess of the amount of the salary set for the |
| 9 | | Governor. This amount shall be computed by the System on the |
| 10 | | basis of the actuarial assumptions and tables used in the most |
| 11 | | recent actuarial valuation of the System that is available at |
| 12 | | the time of the computation. The System may require the |
| 13 | | employer to provide any pertinent information or |
| 14 | | documentation. |
| 15 | | Whenever it determines that a payment is or may be |
| 16 | | required under this subsection, the System shall calculate the |
| 17 | | amount of the payment and bill the employer for that amount. |
| 18 | | The bill shall specify the calculations used to determine the |
| 19 | | amount due. If the employer disputes the amount of the bill, it |
| 20 | | may, within 30 days after receipt of the bill, apply to the |
| 21 | | System in writing for a recalculation. The application must |
| 22 | | specify in detail the grounds of the dispute. Upon receiving a |
| 23 | | timely application for recalculation, the System shall review |
| 24 | | the application and, if appropriate, recalculate the amount |
| 25 | | due. |
| 26 | | The employer contributions required under this subsection |
|
| | HB5501 | - 697 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | may be paid in the form of a lump sum within 90 days after |
| 2 | | receipt of the bill. If the employer contributions are not |
| 3 | | paid within 90 days after receipt of the bill, then interest |
| 4 | | will be charged at a rate equal to the System's annual |
| 5 | | actuarially assumed rate of return on investment compounded |
| 6 | | annually from the 91st day after receipt of the bill. Payments |
| 7 | | must be concluded within 3 years after the employer's receipt |
| 8 | | of the bill. |
| 9 | | (j) For purposes of determining the required State |
| 10 | | contribution to the System, the value of the System's assets |
| 11 | | shall be equal to the actuarial value of the System's assets, |
| 12 | | which shall be calculated as follows: |
| 13 | | As of June 30, 2008, the actuarial value of the System's |
| 14 | | assets shall be equal to the market value of the assets as of |
| 15 | | that date. In determining the actuarial value of the System's |
| 16 | | assets for fiscal years after June 30, 2008, any actuarial |
| 17 | | gains or losses from investment return incurred in a fiscal |
| 18 | | year shall be recognized in equal annual amounts over the |
| 19 | | 5-year period following that fiscal year. |
| 20 | | (k) For purposes of determining the required State |
| 21 | | contribution to the system for a particular year, the |
| 22 | | actuarial value of assets shall be assumed to earn a rate of |
| 23 | | return equal to the system's actuarially assumed rate of |
| 24 | | return. |
| 25 | | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; |
| 26 | | 102-16, eff. 6-17-21; 102-525, eff. 8-20-21; 102-558, eff. |
|
| | HB5501 | - 698 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 8-20-21; revised 10-21-21.)
|
| 2 | | (40 ILCS 5/16-203)
|
| 3 | | Sec. 16-203. Application and expiration of new benefit |
| 4 | | increases. |
| 5 | | (a) As used in this Section, "new benefit increase" means |
| 6 | | an increase in the amount of any benefit provided under this |
| 7 | | Article, or an expansion of the conditions of eligibility for |
| 8 | | any benefit under this Article, that results from an amendment |
| 9 | | to this Code that takes effect after June 1, 2005 (the |
| 10 | | effective date of Public Act 94-4). "New benefit increase", |
| 11 | | however, does not include any benefit increase resulting from |
| 12 | | the changes made to Article 1 or this Article by Public Act |
| 13 | | 95-910, Public Act 100-23, Public Act 100-587, Public Act |
| 14 | | 100-743, Public Act 100-769, Public Act 101-10, or Public Act |
| 15 | | 101-49, or Public Act 102-16 this amendatory Act of the 102nd |
| 16 | | General Assembly. |
| 17 | | (b) Notwithstanding any other provision of this Code or |
| 18 | | any subsequent amendment to this Code, every new benefit |
| 19 | | increase is subject to this Section and shall be deemed to be |
| 20 | | granted only in conformance with and contingent upon |
| 21 | | compliance with the provisions of this Section.
|
| 22 | | (c) The Public Act enacting a new benefit increase must |
| 23 | | identify and provide for payment to the System of additional |
| 24 | | funding at least sufficient to fund the resulting annual |
| 25 | | increase in cost to the System as it accrues. |
|
| | HB5501 | - 699 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Every new benefit increase is contingent upon the General |
| 2 | | Assembly providing the additional funding required under this |
| 3 | | subsection. The Commission on Government Forecasting and |
| 4 | | Accountability shall analyze whether adequate additional |
| 5 | | funding has been provided for the new benefit increase and |
| 6 | | shall report its analysis to the Public Pension Division of |
| 7 | | the Department of Insurance. A new benefit increase created by |
| 8 | | a Public Act that does not include the additional funding |
| 9 | | required under this subsection is null and void. If the Public |
| 10 | | Pension Division determines that the additional funding |
| 11 | | provided for a new benefit increase under this subsection is |
| 12 | | or has become inadequate, it may so certify to the Governor and |
| 13 | | the State Comptroller and, in the absence of corrective action |
| 14 | | by the General Assembly, the new benefit increase shall expire |
| 15 | | at the end of the fiscal year in which the certification is |
| 16 | | made.
|
| 17 | | (d) Every new benefit increase shall expire 5 years after |
| 18 | | its effective date or on such earlier date as may be specified |
| 19 | | in the language enacting the new benefit increase or provided |
| 20 | | under subsection (c). This does not prevent the General |
| 21 | | Assembly from extending or re-creating a new benefit increase |
| 22 | | by law. |
| 23 | | (e) Except as otherwise provided in the language creating |
| 24 | | the new benefit increase, a new benefit increase that expires |
| 25 | | under this Section continues to apply to persons who applied |
| 26 | | and qualified for the affected benefit while the new benefit |
|
| | HB5501 | - 700 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | increase was in effect and to the affected beneficiaries and |
| 2 | | alternate payees of such persons, but does not apply to any |
| 3 | | other person, including, without limitation, a person who |
| 4 | | continues in service after the expiration date and did not |
| 5 | | apply and qualify for the affected benefit while the new |
| 6 | | benefit increase was in effect.
|
| 7 | | (Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19; |
| 8 | | 101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff. |
| 9 | | 8-20-21; revised 10-15-21.)
|
| 10 | | Section 270. The Public Officer Prohibited Activities Act |
| 11 | | is amended by changing Section 4.1 as follows:
|
| 12 | | (50 ILCS 105/4.1) |
| 13 | | Sec. 4.1. Retaliation against a whistleblower. |
| 14 | | (a) It is prohibited for a unit of local government, any |
| 15 | | agent or representative of a unit of local government, or |
| 16 | | another employee to retaliate against an employee or |
| 17 | | contractor who: |
| 18 | | (1) reports an improper governmental action under this |
| 19 | | Section; |
| 20 | | (2) cooperates with an investigation by an auditing |
| 21 | | official related to a report of improper governmental |
| 22 | | action; or |
| 23 | | (3) testifies in a proceeding or prosecution arising |
| 24 | | out of an improper governmental action. |
|
| | HB5501 | - 701 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b) To invoke the protections of this Section, an employee |
| 2 | | shall make a written report of improper governmental action to |
| 3 | | the appropriate auditing official. An employee who believes he |
| 4 | | or she has been retaliated against in violation of this |
| 5 | | Section must submit a written report to the auditing official |
| 6 | | within 60 days of gaining knowledge of the retaliatory action. |
| 7 | | If the auditing official is the individual doing the improper |
| 8 | | governmental action, then a report under this subsection may |
| 9 | | be submitted to any State's Attorney. |
| 10 | | (c) Each auditing official shall establish written |
| 11 | | processes and procedures for managing complaints filed under |
| 12 | | this Section, and each auditing official shall investigate and |
| 13 | | dispose of reports of improper governmental action in |
| 14 | | accordance with these processes and procedures.
If an auditing |
| 15 | | official concludes that an improper governmental action has |
| 16 | | taken place or concludes that the relevant unit of local |
| 17 | | government, department, agency, or supervisory officials have |
| 18 | | hindered the auditing official's investigation into the |
| 19 | | report, the auditing official shall notify in writing the |
| 20 | | chief executive of the unit of local government and any other |
| 21 | | individual or entity the auditing official deems necessary in |
| 22 | | the circumstances. |
| 23 | | (d) An auditing official may transfer a report of improper |
| 24 | | governmental action to another auditing official for |
| 25 | | investigation if an auditing official deems it appropriate, |
| 26 | | including, but not limited to, the appropriate State's |
|
| | HB5501 | - 702 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Attorney. |
| 2 | | (e) To the extent allowed by law, the identity of an |
| 3 | | employee reporting information about an improper governmental |
| 4 | | action shall be kept confidential unless the employee waives |
| 5 | | confidentiality in writing. Auditing officials may take |
| 6 | | reasonable measures to protect employees who reasonably |
| 7 | | believe they may be subject to bodily harm for reporting |
| 8 | | improper government action. |
| 9 | | (f) The following remedies are available to employees |
| 10 | | subjected to adverse actions for reporting improper government |
| 11 | | action: |
| 12 | | (1) Auditing officials may reinstate, reimburse for |
| 13 | | lost wages or expenses incurred, promote, or provide some |
| 14 | | other form of restitution. |
| 15 | | (2) In instances where an auditing official determines |
| 16 | | that restitution will not suffice, the auditing official |
| 17 | | may make his or her investigation findings available for |
| 18 | | the purposes of aiding in that employee or the employee's |
| 19 | | attorney's effort to make the employee whole. |
| 20 | | (g) A person who engages in prohibited retaliatory action |
| 21 | | under subsection (a) is subject to the following penalties: a |
| 22 | | fine of no less than $500 and no more than $5,000, suspension |
| 23 | | without pay, demotion, discharge, civil or criminal |
| 24 | | prosecution, or any combination of these penalties, as |
| 25 | | appropriate. |
| 26 | | (h) Every employee shall receive a written summary or a |
|
| | HB5501 | - 703 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | complete copy of this Section upon commencement of employment |
| 2 | | and at least once each year of employment. At the same time, |
| 3 | | the employee shall also receive a copy of the written |
| 4 | | processes and procedures for reporting improper governmental |
| 5 | | actions from the applicable auditing official. |
| 6 | | (i) As used in this Section: |
| 7 | | "Auditing official" means any elected, appointed, or hired |
| 8 | | individual, by whatever name, in a unit of local government |
| 9 | | whose duties are similar to, but not limited to, receiving, |
| 10 | | registering, and investigating complaints and information |
| 11 | | concerning misconduct, inefficiency, and waste within the unit |
| 12 | | of local government; investigating the performance of |
| 13 | | officers, employees, functions, and programs; and promoting |
| 14 | | economy, efficiency, effectiveness and integrity in the |
| 15 | | administration of the programs and operations of the |
| 16 | | municipality. If a unit of local government does not have an |
| 17 | | "auditing official", the "auditing official" shall be a |
| 18 | | State's Attorney of the county in which the unit of local |
| 19 | | government is located within. |
| 20 | | "Employee" means anyone employed by a unit of local |
| 21 | | government, whether in a permanent or temporary position, |
| 22 | | including full-time, part-time, and intermittent workers. |
| 23 | | "Employee" also includes members of appointed boards or |
| 24 | | commissions, whether or not paid. "Employee" also includes |
| 25 | | persons who have been terminated because of any report or |
| 26 | | complaint submitted under this Section. |
|
| | HB5501 | - 704 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Improper governmental action" means any action by a unit |
| 2 | | of local government employee, an appointed member of a board, |
| 3 | | commission, or committee, or an elected official of the unit |
| 4 | | of local government that is undertaken in violation of a |
| 5 | | federal, State, or unit of local government law or rule; is an |
| 6 | | abuse of authority; violates the public's trust or expectation |
| 7 | | of his or her conduct; is of substantial and specific danger to |
| 8 | | the public's health or safety; or is a gross waste of public |
| 9 | | funds. The action need not be within the scope of the |
| 10 | | employee's, elected official's, board member's, commission |
| 11 | | member's, or committee member's official duties to be subject |
| 12 | | to a claim of "improper governmental action". "Improper |
| 13 | | governmental action" does not include a unit of local |
| 14 | | government personnel actions, including, but not limited to |
| 15 | | employee grievances, complaints, appointments, promotions, |
| 16 | | transfers, assignments, reassignments, reinstatements, |
| 17 | | restorations, reemployment, performance evaluations, |
| 18 | | reductions in pay, dismissals, suspensions, demotions, |
| 19 | | reprimands, or violations of collective bargaining agreements, |
| 20 | | except to the extent that the action amounts to retaliation. |
| 21 | | "Retaliate", "retaliation", or "retaliatory action" means |
| 22 | | any adverse change in an employee's employment status or the |
| 23 | | terms and conditions of employment that results from an |
| 24 | | employee's protected activity under this Section. "Retaliatory |
| 25 | | action" includes, but is not limited to, denial of adequate |
| 26 | | staff to perform duties; frequent staff changes; frequent and |
|
| | HB5501 | - 705 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | undesirable office changes; refusal to assign meaningful work; |
| 2 | | unsubstantiated letters of reprimand or unsatisfactory |
| 3 | | performance evaluations; demotion; reduction in pay; denial of |
| 4 | | promotion; transfer or reassignment; suspension or dismissal; |
| 5 | | or other disciplinary action made because of an employee's |
| 6 | | protected activity under this Section.
|
| 7 | | (Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)
|
| 8 | | Section 275. The Illinois Police Training Act is amended |
| 9 | | by changing Sections 9 and 10.18 as follows:
|
| 10 | | (50 ILCS 705/9) (from Ch. 85, par. 509)
|
| 11 | | Sec. 9.
A special fund is hereby established in the State |
| 12 | | Treasury to
be known as the Traffic and Criminal Conviction |
| 13 | | Surcharge Fund. Moneys in this Fund shall be
expended as |
| 14 | | follows:
|
| 15 | | (1) a portion of the total amount deposited in the |
| 16 | | Fund may be used, as
appropriated by the General Assembly, |
| 17 | | for the ordinary and contingent expenses
of the Illinois |
| 18 | | Law Enforcement Training Standards Board;
|
| 19 | | (2) a portion of the total amount deposited in the |
| 20 | | Fund
shall be appropriated for the reimbursement of local |
| 21 | | governmental agencies
participating in training programs |
| 22 | | certified by the Board, in an amount
equaling 1/2 of the |
| 23 | | total sum paid by such agencies during the State's |
| 24 | | previous
fiscal year for mandated training for |
|
| | HB5501 | - 706 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | probationary law enforcement officers or
probationary |
| 2 | | county corrections officers and for optional advanced and
|
| 3 | | specialized law enforcement or county corrections |
| 4 | | training; these
reimbursements may include the costs for |
| 5 | | tuition at training schools, the
salaries of trainees |
| 6 | | while in schools, and the necessary travel and room
and |
| 7 | | board expenses for each trainee; if the appropriations |
| 8 | | under this
paragraph (2) are not sufficient to fully |
| 9 | | reimburse the participating local
governmental agencies, |
| 10 | | the available funds shall be apportioned among such
|
| 11 | | agencies, with priority first given to repayment of the |
| 12 | | costs of mandatory
training given to law enforcement |
| 13 | | officer or county corrections officer
recruits, then to |
| 14 | | repayment of costs of advanced or specialized training
for |
| 15 | | permanent law enforcement officers or permanent county |
| 16 | | corrections officers;
|
| 17 | | (3) a portion of the total amount deposited in the |
| 18 | | Fund may be used to
fund the Intergovernmental Law |
| 19 | | Enforcement Officer's In-Service Training
Act, veto |
| 20 | | overridden October 29, 1981, as now or hereafter amended, |
| 21 | | at
a rate and method to be determined by the board;
|
| 22 | | (4) a portion of the Fund also may be used by the |
| 23 | | Illinois State Police for expenses incurred in the |
| 24 | | training of employees from
any State, county, or municipal |
| 25 | | agency whose function includes enforcement
of criminal or |
| 26 | | traffic law;
|
|
| | HB5501 | - 707 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (5) a portion of the Fund may be used by the Board to |
| 2 | | fund grant-in-aid
programs and services for the training |
| 3 | | of employees from any county or
municipal agency whose |
| 4 | | functions include corrections or the enforcement of
|
| 5 | | criminal or traffic
law;
|
| 6 | | (6) for fiscal years 2013 through 2017 only, a portion |
| 7 | | of the Fund also may be used by the
Department of State |
| 8 | | Police to finance any of its lawful purposes or functions; |
| 9 | | (7) a portion of the Fund may be used by the Board, |
| 10 | | subject to appropriation, to administer grants to local |
| 11 | | law enforcement agencies for the purpose of purchasing |
| 12 | | bulletproof vests under the Law Enforcement Officer |
| 13 | | Bulletproof Vest Act; and |
| 14 | | (8) a portion of the Fund may be used by the Board to |
| 15 | | create a law enforcement grant program available for units |
| 16 | | of local government to fund crime prevention programs, |
| 17 | | training, and interdiction efforts, including enforcement |
| 18 | | and prevention efforts, relating to the illegal cannabis |
| 19 | | market and driving under the influence of cannabis. |
| 20 | | All payments from the Traffic and Criminal Conviction |
| 21 | | Surcharge Fund shall
be made each year from moneys |
| 22 | | appropriated for the purposes specified in
this Section. No |
| 23 | | more than 50% of any appropriation under this Act shall be
|
| 24 | | spent in any city having a population of more than 500,000. The |
| 25 | | State
Comptroller and the State Treasurer shall from time to |
| 26 | | time, at the
direction of the Governor, transfer from the |
|
| | HB5501 | - 708 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Traffic and Criminal
Conviction Surcharge Fund to the General |
| 2 | | Revenue Fund in the State Treasury
such amounts as the |
| 3 | | Governor determines are in excess of the amounts
required to |
| 4 | | meet the obligations of the Traffic and Criminal Conviction
|
| 5 | | Surcharge Fund.
|
| 6 | | (Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22; |
| 7 | | 102-538, eff. 8-20-21; revised 10-5-21.)
|
| 8 | | (50 ILCS 705/10.18) |
| 9 | | Sec. 10.18. Training; administration of opioid |
| 10 | | antagonists. The Board shall conduct or approve an in-service |
| 11 | | training program for law enforcement officers in the |
| 12 | | administration of opioid antagonists as defined in paragraph |
| 13 | | (1) of subsection (e) of Section 5-23 of the Substance Use |
| 14 | | Disorder Act that is in accordance with that Section. As used |
| 15 | | in this Section, the term "law enforcement officers" includes |
| 16 | | full-time or part-time probationary law enforcement officers, |
| 17 | | permanent or part-time law enforcement officers, law |
| 18 | | enforcement officers, recruits, permanent or probationary |
| 19 | | county corrections officers, permanent or probationary county |
| 20 | | security officers, and court security officers. The term does |
| 21 | | not include auxiliary police officers as defined in Section |
| 22 | | 3.1-30-20 of the Illinois Municipal Code.
|
| 23 | | (Source: P.A. 100-759, eff. 1-1-19; 101-652, eff. 1-1-22; |
| 24 | | revised 11-24-21.)
|
|
| | HB5501 | - 709 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 280. The Uniform Crime Reporting Act is amended by |
| 2 | | changing Sections 5-10, 5-11, 5-12, and 5-20 as follows:
|
| 3 | | (50 ILCS 709/5-10)
|
| 4 | | Sec. 5-10. Central repository of crime statistics. The |
| 5 | | Illinois State Police shall be a central repository and |
| 6 | | custodian of crime statistics for the State and shall have all |
| 7 | | the power necessary to carry out the purposes of this Act, |
| 8 | | including the power to demand and receive cooperation in the |
| 9 | | submission of crime statistics from all law enforcement |
| 10 | | agencies. All data and information provided to the Illinois |
| 11 | | State Police under this Act must be provided in a manner and |
| 12 | | form prescribed by the Illinois State Police. On an annual |
| 13 | | basis, the Illinois State Police shall make available |
| 14 | | compilations of crime statistics and monthly reporting |
| 15 | | required to be reported by each law enforcement agency.
|
| 16 | | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; |
| 17 | | revised 10-15-21.)
|
| 18 | | (50 ILCS 709/5-11) |
| 19 | | Sec. 5-11. FBI National Use of Force Database. The |
| 20 | | Illinois State Police Department shall participate in and |
| 21 | | regularly submit use of force information to the Federal |
| 22 | | Bureau of Investigation (FBI) National Use of Force Database. |
| 23 | | Within 90 days of July 1, 2021 (the effective date of Public |
| 24 | | Act 101-652) this amendatory Act, the Illinois State Police |
|
| | HB5501 | - 710 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department shall promulgate rules outlining the use of force |
| 2 | | information required for submission to the Database, which |
| 3 | | shall be submitted monthly by law enforcement agencies under |
| 4 | | Section 5-12.
|
| 5 | | (Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)
|
| 6 | | (50 ILCS 709/5-12) |
| 7 | | Sec. 5-12. Monthly reporting. All law enforcement agencies |
| 8 | | shall submit to the Illinois State Police on a monthly basis |
| 9 | | the following: |
| 10 | | (1) beginning January 1, 2016, a report on any |
| 11 | | arrest-related death that shall include information |
| 12 | | regarding the deceased, the officer, any weapon used by |
| 13 | | the officer or the deceased, and the circumstances of the |
| 14 | | incident. The Illinois State Police shall submit on a |
| 15 | | quarterly basis all information collected under this |
| 16 | | paragraph (1) to the Illinois Criminal Justice Information |
| 17 | | Authority, contingent upon updated federal guidelines |
| 18 | | regarding the Uniform Crime Reporting Program; |
| 19 | | (2) beginning January 1, 2017, a report on any |
| 20 | | instance when a law enforcement officer discharges his or |
| 21 | | her firearm causing a non-fatal injury to a person, during |
| 22 | | the performance of his or her official duties or in the |
| 23 | | line of duty; |
| 24 | | (3) a report of incident-based information on hate |
| 25 | | crimes including information describing the offense, |
|
| | HB5501 | - 711 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | location of the offense, type of victim, offender, and |
| 2 | | bias motivation. If no hate crime incidents occurred |
| 3 | | during a reporting month, the law enforcement agency must |
| 4 | | submit a no incident record, as required by the Illinois |
| 5 | | State Police; |
| 6 | | (4) a report on any incident of an alleged commission |
| 7 | | of a domestic crime, that shall include information |
| 8 | | regarding the victim, offender, date and time of the |
| 9 | | incident, any injury inflicted, any weapons involved in |
| 10 | | the commission of the offense, and the relationship |
| 11 | | between the victim and the offender; |
| 12 | | (5) data on an index of offenses selected by the |
| 13 | | Illinois State Police based on the seriousness of the |
| 14 | | offense, frequency of occurrence of the offense, and |
| 15 | | likelihood of being reported to law enforcement. The data |
| 16 | | shall include the number of index crime offenses committed |
| 17 | | and number of associated arrests; |
| 18 | | (6) data on offenses and incidents reported by schools |
| 19 | | to local law enforcement. The data shall include offenses |
| 20 | | defined as an attack against school personnel, |
| 21 | | intimidation offenses, drug incidents, and incidents |
| 22 | | involving weapons;
|
| 23 | | (7) beginning on July 1, 2021, a report on incidents |
| 24 | | where a law enforcement officer was dispatched to deal |
| 25 | | with a person experiencing a mental health crisis or |
| 26 | | incident. The report shall include the number of |
|
| | HB5501 | - 712 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | incidents, the level of law enforcement response and the |
| 2 | | outcome of each incident. For purposes of this Section, a |
| 3 | | "mental health crisis" is when a person's behavior puts |
| 4 | | them at risk of hurting themselves or others or prevents |
| 5 | | them from being able to care for themselves; |
| 6 | | (8) beginning on July 1, 2021, a report on use of |
| 7 | | force, including any action that resulted in the death or |
| 8 | | serious bodily injury of a person or the discharge of a |
| 9 | | firearm at or in the direction of a person. The report |
| 10 | | shall include information required by the Illinois State |
| 11 | | Police Department, pursuant to Section 5-11 of this Act. |
| 12 | | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; |
| 13 | | 102-538, eff. 8-20-21; revised 10-15-21.)
|
| 14 | | (50 ILCS 709/5-20)
|
| 15 | | Sec. 5-20. Reporting compliance. The Illinois State Police |
| 16 | | shall annually report to the Illinois Law Enforcement Training |
| 17 | | Standards Board and the Department of Revenue any law |
| 18 | | enforcement agency not in compliance with the reporting |
| 19 | | requirements under this Act. A law enforcement agency's |
| 20 | | compliance with the reporting requirements under this Act |
| 21 | | shall be a factor considered by the Illinois Law Enforcement |
| 22 | | Training Standards Board in awarding grant funding under the |
| 23 | | Law Enforcement Camera Grant Act, with preference to law |
| 24 | | enforcement agencies which are in compliance with reporting |
| 25 | | requirements under this Act.
|
|
| | HB5501 | - 713 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; |
| 2 | | revised 10-15-21.)
|
| 3 | | Section 285. The Emergency Telephone System Act is amended |
| 4 | | by changing Sections 2, 7, 8, 10, 15.6, 15.6a, 15.6b, 17.5, 19, |
| 5 | | 20, 30, and 40 as follows:
|
| 6 | | (50 ILCS 750/2) (from Ch. 134, par. 32)
|
| 7 | | (Section scheduled to be repealed on December 31, 2023)
|
| 8 | | Sec. 2. Definitions. As used in this Act, unless the |
| 9 | | context otherwise requires: |
| 10 | | "9-1-1 network" means the network used for the delivery of |
| 11 | | 9-1-1 calls and messages over dedicated and redundant |
| 12 | | facilities to a primary or backup 9-1-1 PSAP that meets the |
| 13 | | appropriate grade of service. |
| 14 | | "9-1-1 system" means the geographic area that has been |
| 15 | | granted an order of authority by the Commission or the |
| 16 | | Statewide 9-1-1 Administrator to use "9-1-1" as the primary |
| 17 | | emergency telephone number, including, but not limited to, the |
| 18 | | network, software applications, databases, CPE components and |
| 19 | | operational and management procedures required to provide |
| 20 | | 9-1-1 service. |
| 21 | | "9-1-1 Authority" means an Emergency Telephone System |
| 22 | | Board or , Joint Emergency Telephone System Board that provides |
| 23 | | for the management and operation of a 9-1-1 system. "9-1-1 |
| 24 | | Authority" includes the Illinois State Police only to the |
|
| | HB5501 | - 714 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | extent it provides 9-1-1 services under this Act. |
| 2 | | "9-1-1 System Manager" means the manager, director, |
| 3 | | administrator, or coordinator who at the direction of his or |
| 4 | | her Emergency Telephone System Board is responsible for the |
| 5 | | implementation and execution of the order of authority issued |
| 6 | | by the Commission or the Statewide 9-1-1 Administrator through |
| 7 | | the programs, policies, procedures, and daily operations of |
| 8 | | the 9-1-1 system consistent with the provisions of this Act. |
| 9 | | "Administrator" means the Statewide 9-1-1 Administrator. |
| 10 | | "Advanced service" means any telecommunications service |
| 11 | | with or without dynamic bandwidth allocation, including, but |
| 12 | | not limited to, ISDN Primary Rate Interface (PRI), that, |
| 13 | | through the use of a DS-1, T-1, or other un-channelized or |
| 14 | | multi-channel transmission facility, is capable of |
| 15 | | transporting either the subscriber's inter-premises voice |
| 16 | | telecommunications services to the public switched network or |
| 17 | | the subscriber's 9-1-1 calls to the public agency. |
| 18 | | "Aggregator" means an entity that ingresses 9-1-1 calls of |
| 19 | | multiple traffic types or 9-1-1 calls from multiple |
| 20 | | originating service providers and combines them on a trunk |
| 21 | | group or groups (or equivalent egress connection arrangement |
| 22 | | to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or |
| 23 | | system), and that uses the routing information provided in the |
| 24 | | received call setup signaling to select the appropriate trunk |
| 25 | | group and proceeds to signal call setup toward the 9-1-1 |
| 26 | | system provider. "Aggregator" includes an originating service |
|
| | HB5501 | - 715 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provider that provides aggregation functions for its own 9-1-1 |
| 2 | | calls. "Aggregator" also includes an aggregation network or an |
| 3 | | aggregation entity that provides aggregator services for other |
| 4 | | types of system providers, such as cloud-based services or |
| 5 | | enterprise networks as its client. |
| 6 | | "ALI" or "automatic location identification" means the |
| 7 | | automatic display at the public safety answering point of the |
| 8 | | address or location of the caller's telephone and |
| 9 | | supplementary emergency services information of the location |
| 10 | | from which a call originates. |
| 11 | | "ANI" or "automatic number identification" means the |
| 12 | | automatic display of the 10-digit 10 digit telephone number |
| 13 | | associated with the caller's telephone number. |
| 14 | | "Automatic alarm" and "automatic alerting device" mean any |
| 15 | | device that will access the 9-1-1 system for emergency |
| 16 | | services upon activation and does not provide for two-way |
| 17 | | communication. |
| 18 | | "Answering point" means a PSAP, SAP, Backup PSAP, Unmanned |
| 19 | | Backup Answering Point, or VAP. |
| 20 | | "Authorized entity" means an answering point or |
| 21 | | participating agency other than a decommissioned PSAP. |
| 22 | | "Backup PSAP" means an answering point that meets the |
| 23 | | appropriate standards of service and serves as an alternate to |
| 24 | | the PSAP operating independently from the PSAP at a different |
| 25 | | location, that has the capability to direct dispatch for the |
| 26 | | PSAP or otherwise transfer emergency calls directly to an |
|
| | HB5501 | - 716 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authorized entity. A backup PSAP may accept overflow calls |
| 2 | | from the PSAP or be activated if the primary PSAP is disabled. |
| 3 | | "Board" means an Emergency Telephone System Board or a |
| 4 | | Joint Emergency Telephone System Board created pursuant to |
| 5 | | Section 15.4. |
| 6 | | "Carrier" includes a telecommunications carrier and a |
| 7 | | wireless carrier. |
| 8 | | "Commission" means the Illinois Commerce Commission. |
| 9 | | "Computer aided dispatch" or "CAD" means a computer-based |
| 10 | | system that aids public safety telecommunicators by automating |
| 11 | | selected dispatching and recordkeeping activities. |
| 12 | | "Direct dispatch" means a 9-1-1 service wherein upon |
| 13 | | receipt of an emergency call, a public safety telecommunicator |
| 14 | | transmits - without delay, transfer, relay, or referral - all |
| 15 | | relevant available information to the appropriate public |
| 16 | | safety personnel or emergency responders. |
| 17 | | "Decommissioned" means the revocation of a PSAPs authority |
| 18 | | to handle 9-1-1 calls as an answering point within the 9-1-1 |
| 19 | | network. |
| 20 | | "DS-1, T-1, or similar un-channelized or multi-channel |
| 21 | | transmission facility" means a facility that can transmit and |
| 22 | | receive a bit rate of at least 1.544 megabits per second |
| 23 | | (Mbps). |
| 24 | | "Dynamic bandwidth allocation" means the ability of the |
| 25 | | facility or customer to drop and add channels, or adjust |
| 26 | | bandwidth, when needed in real time for voice or data |
|
| | HB5501 | - 717 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | purposes. |
| 2 | | "Emergency call" means any type of request for emergency |
| 3 | | assistance through a 9-1-1 network either to the digits 9-1-1 |
| 4 | | or the emergency 24/7 10-digit telephone number for all |
| 5 | | answering points. An emergency call is not limited to a voice |
| 6 | | telephone call. It could be a two-way video call, an |
| 7 | | interactive text, Teletypewriter (TTY), an SMS, an Instant |
| 8 | | Message, or any new mechanism for communications available in |
| 9 | | the future. An emergency call occurs when the request for |
| 10 | | emergency assistance is received by a public safety |
| 11 | | telecommunicator. |
| 12 | | "Enhanced 9-1-1" or "E9-1-1" means a telephone system that |
| 13 | | includes network switching, database and PSAP premise elements |
| 14 | | capable of providing automatic location identification data, |
| 15 | | selective routing, selective transfer, fixed transfer, and a |
| 16 | | call back number, including any enhanced 9-1-1 service so |
| 17 | | designated by the Federal Communications Commission in its |
| 18 | | report and order in WC Dockets Nos. 04-36 and 05-196, or any |
| 19 | | successor proceeding. |
| 20 | | "ETSB" means an emergency telephone system board appointed |
| 21 | | by the corporate authorities of any county or municipality |
| 22 | | that provides for the management and operation of a 9-1-1 |
| 23 | | system. |
| 24 | | "Grade of service" means P.01 for enhanced 9-1-1 services |
| 25 | | or the NENA i3 Solution adopted standard for NG9-1-1. |
| 26 | | "Hearing-impaired individual" means a person with a |
|
| | HB5501 | - 718 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | permanent hearing loss who can regularly and routinely |
| 2 | | communicate by telephone only through the aid of devices which |
| 3 | | can send and receive written messages over the telephone |
| 4 | | network. |
| 5 | | "Hosted supplemental 9-1-1 service" means a database |
| 6 | | service that: |
| 7 | | (1) electronically provides information to 9-1-1 call |
| 8 | | takers when a call is placed to 9-1-1; |
| 9 | | (2) allows telephone subscribers to provide |
| 10 | | information to 9-1-1 to be used in emergency scenarios; |
| 11 | | (3) collects a variety of formatted data relevant to |
| 12 | | 9-1-1 and first responder needs, which may include, but is |
| 13 | | not limited to, photographs of the telephone subscribers, |
| 14 | | physical descriptions, medical information, household |
| 15 | | data, and emergency contacts; |
| 16 | | (4) allows for information to be entered by telephone |
| 17 | | subscribers through a secure website where they can elect |
| 18 | | to provide as little or as much information as they |
| 19 | | choose; |
| 20 | | (5) automatically displays data provided by telephone |
| 21 | | subscribers to 9-1-1 call takers for all types of |
| 22 | | telephones when a call is placed to 9-1-1 from a |
| 23 | | registered and confirmed phone number; |
| 24 | | (6) supports the delivery of telephone subscriber |
| 25 | | information through a secure internet connection to all |
| 26 | | emergency telephone system boards; |
|
| | HB5501 | - 719 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (7) works across all 9-1-1 call taking equipment and |
| 2 | | allows for the easy transfer of information into a |
| 3 | | computer aided dispatch system; and |
| 4 | | (8) may be used to collect information pursuant to an |
| 5 | | Illinois Premise Alert Program as defined in the Illinois |
| 6 | | Premise Alert Program (PAP) Act. |
| 7 | | "Interconnected voice over Internet protocol provider" or |
| 8 | | "Interconnected VoIP provider" has the meaning given to that |
| 9 | | term under Section 13-235 of the Public Utilities Act. |
| 10 | | "Joint ETSB" means a Joint Emergency Telephone System |
| 11 | | Board established by intergovernmental agreement of two or |
| 12 | | more municipalities or counties, or a combination thereof, to |
| 13 | | provide for the management and operation of a 9-1-1 system. |
| 14 | | "Local public agency" means any unit of local government |
| 15 | | or special purpose district located in whole or in part within |
| 16 | | this State that provides or has authority to provide |
| 17 | | firefighting, police, ambulance, medical, or other emergency |
| 18 | | services. |
| 19 | | "Mechanical dialer" means any device that accesses the |
| 20 | | 9-1-1 system without human intervention and does not provide |
| 21 | | for two-way communication. |
| 22 | | "Master Street Address Guide" or "MSAG" is a database of |
| 23 | | street names and house ranges within their associated |
| 24 | | communities defining emergency service zones (ESZs) and their |
| 25 | | associated emergency service numbers (ESNs) to enable proper |
| 26 | | routing of 9-1-1 calls. |
|
| | HB5501 | - 720 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Mobile telephone number" or "MTN" means the telephone |
| 2 | | number assigned to a wireless telephone at the time of initial |
| 3 | | activation. |
| 4 | | "Network connections" means the number of voice grade |
| 5 | | communications channels directly between a subscriber and a |
| 6 | | telecommunications carrier's public switched network, without |
| 7 | | the intervention of any other telecommunications carrier's |
| 8 | | switched network, which would be required to carry the |
| 9 | | subscriber's inter-premises traffic and which connection |
| 10 | | either (1) is capable of providing access through the public |
| 11 | | switched network to a 9-1-1 Emergency Telephone System, if one |
| 12 | | exists, or (2) if no system exists at the time a surcharge is |
| 13 | | imposed under Section 15.3, that would be capable of providing |
| 14 | | access through the public switched network to the local 9-1-1 |
| 15 | | Emergency Telephone System if one existed. Where multiple |
| 16 | | voice grade communications channels are connected to a |
| 17 | | telecommunications carrier's public switched network through a |
| 18 | | private branch exchange (PBX) service, there shall be |
| 19 | | determined to be one network connection for each trunk line |
| 20 | | capable of transporting either the subscriber's inter-premises |
| 21 | | traffic to the public switched network or the subscriber's |
| 22 | | 9-1-1 calls to the public agency. Where multiple voice grade |
| 23 | | communications channels are connected to a telecommunications |
| 24 | | carrier's public switched network through Centrex type |
| 25 | | service, the number of network connections shall be equal to |
| 26 | | the number of PBX trunk equivalents for the subscriber's |
|
| | HB5501 | - 721 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | service or other multiple voice grade communication channels |
| 2 | | facility, as determined by reference to any generally |
| 3 | | applicable exchange access service tariff filed by the |
| 4 | | subscriber's telecommunications carrier with the Commission. |
| 5 | | "Network costs" means those recurring costs that directly |
| 6 | | relate to the operation of the 9-1-1 network as determined by |
| 7 | | the Statewide 9-1-1 Administrator with the advice of the |
| 8 | | Statewide 9-1-1 Advisory Board, which may include, but need |
| 9 | | not be limited to, some or all of the following: costs for |
| 10 | | interoffice trunks, selective routing charges, transfer lines |
| 11 | | and toll charges for 9-1-1 services, Automatic Location |
| 12 | | Information (ALI) database charges, independent local exchange |
| 13 | | carrier charges and non-system provider charges, carrier |
| 14 | | charges for third party database for on-site customer premises |
| 15 | | equipment, back-up PSAP trunks for non-system providers, |
| 16 | | periodic database updates as provided by carrier (also known |
| 17 | | as "ALI data dump"), regional ALI storage charges, circuits |
| 18 | | for call delivery (fiber or circuit connection), NG9-1-1 |
| 19 | | costs, and all associated fees, taxes, and surcharges on each |
| 20 | | invoice. "Network costs" shall not include radio circuits or |
| 21 | | toll charges that are other than for 9-1-1 services. |
| 22 | | "Next generation 9-1-1" or "NG9-1-1" means a secure |
| 23 | | Internet Protocol-based (IP-based) open-standards system |
| 24 | | comprised of hardware, software, data, and operational |
| 25 | | policies and procedures that: |
| 26 | | (A) provides standardized interfaces from |
|
| | HB5501 | - 722 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | emergency call and message services to support |
| 2 | | emergency communications; |
| 3 | | (B) processes all types of emergency calls, |
| 4 | | including voice, text, data, and multimedia |
| 5 | | information; |
| 6 | | (C) acquires and integrates additional emergency |
| 7 | | call data useful to call routing and handling; |
| 8 | | (D) delivers the emergency calls, messages, and |
| 9 | | data to the appropriate public safety answering point |
| 10 | | and other appropriate emergency entities based on the |
| 11 | | location of the caller; |
| 12 | | (E) supports data, video, and other communications |
| 13 | | needs for coordinated incident response and |
| 14 | | management; and |
| 15 | | (F) interoperates with services and networks used |
| 16 | | by first responders to facilitate emergency response. |
| 17 | | "NG9-1-1 costs" means those recurring costs that directly |
| 18 | | relate to the Next Generation 9-1-1 service as determined by |
| 19 | | the Statewide 9-1-1 Administrator with the advice of the |
| 20 | | Statewide 9-1-1 Advisory Board, which may include, but need |
| 21 | | not be limited to, costs for NENA i3 Core Components (Border |
| 22 | | Control Function (BCF), Emergency Call Routing Function |
| 23 | | (ECRF), Location Validation Function (LVF), Emergency Services |
| 24 | | Routing Proxy (ESRP), Policy Store/Policy Routing Functions |
| 25 | | (PSPRF), and Location Information Servers (LIS)), Statewide |
| 26 | | ESInet, software external to the PSAP (data collection, |
|
| | HB5501 | - 723 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | identity management, aggregation, and GIS functionality), and |
| 2 | | gateways (legacy 9-1-1 tandems or gateways or both). |
| 3 | | "Originating service provider" or "OSP" means the entity |
| 4 | | that provides services to end users that may be used to |
| 5 | | originate voice or nonvoice 9-1-1 requests for assistance and |
| 6 | | who would interconnect, in any of various fashions, to the |
| 7 | | 9-1-1 system provider for purposes of delivering 9-1-1 traffic |
| 8 | | to the public safety answering points. |
| 9 | | "Private branch exchange" or "PBX" means a private |
| 10 | | telephone system and associated equipment located on the |
| 11 | | user's property that provides communications between internal |
| 12 | | stations and external networks. |
| 13 | | "Private business switch service" means network and |
| 14 | | premises based systems including a VoIP, Centrex type service, |
| 15 | | or PBX service, even though key telephone systems or |
| 16 | | equivalent telephone systems registered with the Federal |
| 17 | | Communications Commission under 47 CFR Part 68 are directly |
| 18 | | connected to Centrex type and PBX systems. "Private business |
| 19 | | switch service" does not include key telephone systems or |
| 20 | | equivalent telephone systems registered with the Federal |
| 21 | | Communications Commission under 47 CFR Part 68 when not used |
| 22 | | in conjunction with a VoIP, Centrex type, or PBX systems. |
| 23 | | "Private business switch service" typically includes, but is |
| 24 | | not limited to, private businesses, corporations, and |
| 25 | | industries where the telecommunications service is primarily |
| 26 | | for conducting business. |
|
| | HB5501 | - 724 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Private residential switch service" means network and |
| 2 | | premise based systems including a VoIP, Centrex type service, |
| 3 | | or PBX service or key telephone systems or equivalent |
| 4 | | telephone systems registered with the Federal Communications |
| 5 | | Commission under 47 CFR C.F.R. Part 68 that are directly |
| 6 | | connected to a VoIP, Centrex type service, or PBX systems |
| 7 | | equipped for switched local network connections or 9-1-1 |
| 8 | | system access to residential end users through a private |
| 9 | | telephone switch. "Private residential switch service" does |
| 10 | | not include key telephone systems or equivalent telephone |
| 11 | | systems registered with the Federal Communications Commission |
| 12 | | under 47 CFR C.F.R. Part 68 when not used in conjunction with a |
| 13 | | VoIP, Centrex type, or PBX systems. "Private residential |
| 14 | | switch service" typically includes, but is not limited to, |
| 15 | | apartment complexes, condominiums, and campus or university |
| 16 | | environments where shared tenant service is provided and where |
| 17 | | the usage of the telecommunications service is primarily |
| 18 | | residential. |
| 19 | | "Public agency" means the State, and any unit of local |
| 20 | | government or special purpose district located in whole or in |
| 21 | | part within this State, that provides or has authority to |
| 22 | | provide firefighting, police, ambulance, medical, or other |
| 23 | | emergency services. |
| 24 | | "Public safety agency" means a functional division of a |
| 25 | | public agency that provides firefighting, police, medical, or |
| 26 | | other emergency services to respond to and manage emergency |
|
| | HB5501 | - 725 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | incidents. For the purpose of providing wireless service to |
| 2 | | users of 9-1-1 emergency services, as expressly provided for |
| 3 | | in this Act, the Illinois State Police may be considered a |
| 4 | | public safety agency. |
| 5 | | "Public safety answering point" or "PSAP" means the |
| 6 | | primary answering location of an emergency call that meets the |
| 7 | | appropriate standards of service and is responsible for |
| 8 | | receiving and processing those calls and events according to a |
| 9 | | specified operational policy. |
| 10 | | "PSAP representative" means the manager or supervisor of a |
| 11 | | Public Safety Answering Point (PSAP) who oversees the daily |
| 12 | | operational functions and is responsible for the overall |
| 13 | | management and administration of the PSAP. |
| 14 | | "Public safety telecommunicator" means any person employed |
| 15 | | in a full-time or part-time capacity at an answering point |
| 16 | | whose duties or responsibilities include answering, receiving, |
| 17 | | or transferring an emergency call for dispatch to the |
| 18 | | appropriate emergency responder. |
| 19 | | "Public safety telecommunicator supervisor" means any |
| 20 | | person employed in a full-time or part-time capacity at an |
| 21 | | answering point or by a 9-1-1 Authority, whose primary duties |
| 22 | | or responsibilities are to direct, administer, or manage any |
| 23 | | public safety telecommunicator and whose responsibilities |
| 24 | | include answering, receiving, or transferring an emergency |
| 25 | | call for dispatch to the appropriate responders. |
| 26 | | "Referral" means a 9-1-1 service in which the public |
|
| | HB5501 | - 726 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | safety telecommunicator provides the calling party with the |
| 2 | | telephone number of the appropriate public safety agency or |
| 3 | | other provider of emergency services. |
| 4 | | "Regular service" means any telecommunications service, |
| 5 | | other than advanced service, that is capable of transporting |
| 6 | | either the subscriber's inter-premises voice |
| 7 | | telecommunications services to the public switched network or |
| 8 | | the subscriber's 9-1-1 calls to the public agency. |
| 9 | | "Relay" means a 9-1-1 service in which the public safety |
| 10 | | telecommunicator takes the pertinent information from a caller |
| 11 | | and relays that information to the appropriate public safety |
| 12 | | agency or other provider of emergency services. |
| 13 | | "Remit period" means the billing period, one month in |
| 14 | | duration, for which a wireless carrier remits a surcharge and |
| 15 | | provides subscriber information by zip code to the Illinois |
| 16 | | State Police, in accordance with Section 20 of this Act. |
| 17 | | "Secondary Answering Point" or "SAP" means a location, |
| 18 | | other than a PSAP, that is able to receive the voice, data, and |
| 19 | | call back number of E9-1-1 or NG9-1-1 emergency calls |
| 20 | | transferred from a PSAP and completes the call taking process |
| 21 | | by dispatching police, medical, fire, or other emergency |
| 22 | | responders. |
| 23 | | "Statewide wireless emergency 9-1-1 system" means all |
| 24 | | areas of the State where an emergency telephone system board |
| 25 | | has not declared its intention for one or more of its public |
| 26 | | safety answering points to serve as a primary wireless 9-1-1 |
|
| | HB5501 | - 727 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | public safety answering point for its jurisdiction. The |
| 2 | | operator of the statewide wireless emergency 9-1-1 system |
| 3 | | shall be the Illinois State Police. |
| 4 | | "System" means the communications equipment and related |
| 5 | | software applications required to produce a response by the |
| 6 | | appropriate emergency public safety agency or other provider |
| 7 | | of emergency services as a result of an emergency call being |
| 8 | | placed to 9-1-1. |
| 9 | | "System provider" means the contracted entity providing |
| 10 | | 9-1-1 network and database services. |
| 11 | | "Telecommunications carrier" means those entities included |
| 12 | | within the definition specified in Section 13-202 of the |
| 13 | | Public Utilities Act, and includes those carriers acting as |
| 14 | | resellers of telecommunications services. "Telecommunications |
| 15 | | carrier" includes telephone systems operating as mutual |
| 16 | | concerns. "Telecommunications carrier" does not include a |
| 17 | | wireless carrier. |
| 18 | | "Telecommunications technology" means equipment that can |
| 19 | | send and receive written messages over the telephone network. |
| 20 | | "Transfer" means a 9-1-1 service in which the public |
| 21 | | safety telecommunicator, who receives an emergency call, |
| 22 | | transmits, redirects, or conferences that call to the |
| 23 | | appropriate public safety agency or other provider of |
| 24 | | emergency services. "Transfer" Transfer shall not include a |
| 25 | | relay or referral of the information without transferring the |
| 26 | | caller. |
|
| | HB5501 | - 728 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Transmitting messages" shall have the meaning given to |
| 2 | | that term under Section 8-11-2 of the Illinois Municipal Code. |
| 3 | | "Trunk line" means a transmission path, or group of |
| 4 | | transmission paths, connecting a subscriber's PBX to a |
| 5 | | telecommunications carrier's public switched network. In the |
| 6 | | case of regular service, each voice grade communications |
| 7 | | channel or equivalent amount of bandwidth capable of |
| 8 | | transporting either the subscriber's inter-premises voice |
| 9 | | telecommunications services to the public switched network or |
| 10 | | the subscriber's 9-1-1 calls to the public agency shall be |
| 11 | | considered a trunk line, even if it is bundled with other |
| 12 | | channels or additional bandwidth. In the case of advanced |
| 13 | | service, each DS-1, T-1, or other un-channelized or |
| 14 | | multi-channel transmission facility that is capable of |
| 15 | | transporting either the subscriber's inter-premises voice |
| 16 | | telecommunications services to the public switched network or |
| 17 | | the subscriber's 9-1-1 calls to the public agency shall be |
| 18 | | considered a single trunk line, even if it contains multiple |
| 19 | | voice grade communications channels or otherwise supports 2 or |
| 20 | | more voice grade calls at a time; provided, however, that each |
| 21 | | additional increment of up to 24 voice grade channels of |
| 22 | | transmission capacity that is capable of transporting either |
| 23 | | the subscriber's inter-premises voice telecommunications |
| 24 | | services to the public switched network or the subscriber's |
| 25 | | 9-1-1 calls to the public agency shall be considered an |
| 26 | | additional trunk line. |
|
| | HB5501 | - 729 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Unmanned backup answering point" means an answering point |
| 2 | | that serves as an alternate to the PSAP at an alternate |
| 3 | | location and is typically unmanned but can be activated if the |
| 4 | | primary PSAP is disabled. |
| 5 | | "Virtual answering point" or "VAP" means a temporary or |
| 6 | | nonpermanent location that is capable of receiving an |
| 7 | | emergency call, contains a fully functional worksite that is |
| 8 | | not bound to a specific location, but rather is portable and |
| 9 | | scalable, connecting public safety telecommunicators to the |
| 10 | | work process, and is capable of completing the call |
| 11 | | dispatching process. |
| 12 | | "Voice-impaired individual" means a person with a |
| 13 | | permanent speech disability which precludes oral |
| 14 | | communication, who can regularly and routinely communicate by |
| 15 | | telephone only through the aid of devices which can send and |
| 16 | | receive written messages over the telephone network. |
| 17 | | "Wireless carrier" means a provider of two-way cellular, |
| 18 | | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial |
| 19 | | Mobile Radio Service (CMRS), Wireless Communications Service |
| 20 | | (WCS), or other Commercial Mobile Radio Service (CMRS), as |
| 21 | | defined by the Federal Communications Commission, offering |
| 22 | | radio communications that may provide fixed, mobile, radio |
| 23 | | location, or satellite communication services to individuals |
| 24 | | or businesses within its assigned spectrum block and |
| 25 | | geographical area or that offers real-time, two-way voice |
| 26 | | service that is interconnected with the public switched |
|
| | HB5501 | - 730 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | network, including a reseller of such service. |
| 2 | | "Wireless enhanced 9-1-1" means the ability to relay the |
| 3 | | telephone number of the originator of a 9-1-1 call and |
| 4 | | location information from any mobile handset or text telephone |
| 5 | | device accessing the wireless system to the designated |
| 6 | | wireless public safety answering point as set forth in the |
| 7 | | order of the Federal Communications Commission, FCC Docket No. |
| 8 | | 94-102, adopted June 12, 1996, with an effective date of |
| 9 | | October 1, 1996, and any subsequent amendment thereto. |
| 10 | | "Wireless public safety answering point" means the |
| 11 | | functional division of a 9-1-1 authority accepting wireless |
| 12 | | 9-1-1 calls. |
| 13 | | "Wireless subscriber" means an individual or entity to |
| 14 | | whom a wireless service account or number has been assigned by |
| 15 | | a wireless carrier, other than an account or number associated |
| 16 | | with prepaid wireless telecommunication service.
|
| 17 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 18 | | revised 10-5-21.)
|
| 19 | | (50 ILCS 750/7) (from Ch. 134, par. 37)
|
| 20 | | (Section scheduled to be repealed on December 31, 2023)
|
| 21 | | Sec. 7.
The General Assembly finds that, because of |
| 22 | | overlapping
jurisdiction of public agencies, public safety |
| 23 | | agencies, and telephone
service areas, the Administrator, with |
| 24 | | the advice and recommendation of the Statewide 9-1-1 Advisory |
| 25 | | Board, shall establish a general overview or plan
to |
|
| | HB5501 | - 731 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | effectuate the purposes of this Act within the time frame |
| 2 | | provided in
this Act. The General Assembly further finds and |
| 3 | | declares that direct dispatch should be used if possible to |
| 4 | | shorten the time required for the public to request and |
| 5 | | receive emergency aid. The Administrator shall minimize the |
| 6 | | use of transfer, relay, and referral of an emergency call if |
| 7 | | possible and encourage Backup PSAPs to be able to direct |
| 8 | | dispatch. Transfer, relay, and referral of an emergency call |
| 9 | | to an entity other than an answering point or the Illinois |
| 10 | | State Police shall not be used in response to emergency calls |
| 11 | | unless exigent circumstances exist. In order to insure that |
| 12 | | proper preparation and implementation
of emergency telephone |
| 13 | | systems are accomplished by all public agencies as required |
| 14 | | under this Act, the Illinois State Police, with the
advice and |
| 15 | | assistance of
the Attorney General, shall secure compliance by |
| 16 | | public agencies as
provided in this Act.
|
| 17 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 18 | | revised 10-4-21.)
|
| 19 | | (50 ILCS 750/8) (from Ch. 134, par. 38)
|
| 20 | | (Section scheduled to be repealed on December 31, 2023)
|
| 21 | | Sec. 8.
The Administrator, with the advice and |
| 22 | | recommendation of the Statewide 9-1-1 Advisory Board, shall |
| 23 | | coordinate the implementation of systems established under |
| 24 | | this Act. To assist with this coordination, all systems |
| 25 | | authorized to operate under this Act shall register with the |
|
| | HB5501 | - 732 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Administrator information regarding its composition and |
| 2 | | organization, including, but not limited to, identification of |
| 3 | | the
9-1-1 System Manager and all answering points. |
| 4 | | Decommissioned PSAPs shall not be registered and are not part |
| 5 | | of the 9-1-1 system in Illinois. The Illinois State Police may |
| 6 | | adopt rules for the administration of this Section.
|
| 7 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff 8-20-21; |
| 8 | | revised 10-4-21.)
|
| 9 | | (50 ILCS 750/10) (from Ch. 134, par. 40) |
| 10 | | (Section scheduled to be repealed on December 31, 2023) |
| 11 | | Sec. 10. (a) The Administrator, with the advice and |
| 12 | | recommendation of the Statewide 9-1-1 Advisory Board, shall |
| 13 | | establish uniform technical and operational standards for all |
| 14 | | 9-1-1 systems in Illinois. All findings, orders, decisions, |
| 15 | | rules, and regulations issued or promulgated by the Commission |
| 16 | | under this Act or any other Act establishing or conferring |
| 17 | | power on the Commission with respect to emergency |
| 18 | | telecommunications services, shall continue in force. |
| 19 | | Notwithstanding the provisions of this Section, where |
| 20 | | applicable, the Administrator shall, with the advice and |
| 21 | | recommendation of the Statewide 9-1-1 Advisory Board, amend |
| 22 | | the Commission's findings, orders, decisions, rules, and |
| 23 | | regulations to conform to the specific provisions of this Act |
| 24 | | as soon as practicable after the effective date of this |
| 25 | | amendatory Act of the 99th General Assembly. |
|
| | HB5501 | - 734 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (50 ILCS 750/15.6)
|
| 2 | | (Section scheduled to be repealed on December 31, 2023)
|
| 3 | | Sec. 15.6. 9-1-1 service; business service.
|
| 4 | | (a) After June 30, 2000, or within 18 months after 9-1-1 |
| 5 | | service
becomes available, any entity that installs or |
| 6 | | operates a private business
switch service and provides |
| 7 | | telecommunications facilities or services to
businesses shall |
| 8 | | assure that the system is connected to the public switched
|
| 9 | | network in a manner that calls to 9-1-1 result in automatic |
| 10 | | number and location
identification. For buildings having their |
| 11 | | own street address and containing
workspace of 40,000 square |
| 12 | | feet or less, location identification shall include
the |
| 13 | | building's street address. For buildings having their own |
| 14 | | street
address and containing workspace of more than 40,000 |
| 15 | | square feet, location
identification shall include the |
| 16 | | building's street address and one distinct
location |
| 17 | | identification per 40,000 square feet of workspace. Separate
|
| 18 | | buildings containing workspace of 40,000 square feet or less |
| 19 | | having a common
public street address shall have a distinct |
| 20 | | location identification for each
building in addition to the |
| 21 | | street address.
|
| 22 | | (b) Exemptions. Buildings containing workspace of more |
| 23 | | than 40,000 square
feet are exempt from the multiple location |
| 24 | | identification requirements of
subsection (a) if the building |
| 25 | | maintains, at all times, alternative and
adequate means of |
| 26 | | signaling and responding to emergencies. Those means shall
|
|
| | HB5501 | - 735 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | include, but not be limited to, a telephone system that |
| 2 | | provides the physical
location of 9-1-1 calls coming from |
| 3 | | within the building. Health care
facilities are presumed to |
| 4 | | meet the requirements of this paragraph if the
facilities are |
| 5 | | staffed with medical or nursing personnel 24 hours per day and
|
| 6 | | if an alternative means of providing information about the |
| 7 | | source of an
emergency call exists. Buildings under this |
| 8 | | exemption must provide 9-1-1
service that provides the |
| 9 | | building's street address.
|
| 10 | | Buildings containing workspace of more than 40,000 square |
| 11 | | feet are exempt
from subsection (a) if the building maintains, |
| 12 | | at all times, alternative and
adequate means of signaling and |
| 13 | | responding to emergencies, including a
telephone system that |
| 14 | | provides the location of a 9-1-1 call coming from within
the |
| 15 | | building, and the building is serviced by its own medical, |
| 16 | | fire and
security personnel. Buildings under this exemption |
| 17 | | are subject to emergency
phone system certification by the |
| 18 | | Administrator.
|
| 19 | | Buildings in communities not serviced by 9-1-1 service are |
| 20 | | exempt
from subsection (a).
|
| 21 | | Correctional institutions and facilities, as defined in |
| 22 | | subsection (d) of
Section 3-1-2 of the Unified Code of |
| 23 | | Corrections, are exempt from subsection
(a).
|
| 24 | | (c) This Act does not apply to any PBX telephone extension |
| 25 | | that uses radio
transmissions to convey electrical signals |
| 26 | | directly between the telephone
extension and the serving PBX.
|
|
| | HB5501 | - 736 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (d) An entity that violates this Section is guilty of a |
| 2 | | business
offense and shall be fined not less than $1,000 and |
| 3 | | not more than $5,000.
|
| 4 | | (e) Nothing in this Section shall be
construed to preclude |
| 5 | | the Attorney General on behalf of the Illinois State Police or |
| 6 | | on
his or her own initiative, or any other interested person, |
| 7 | | from seeking
judicial relief, by mandamus, injunction, or |
| 8 | | otherwise, to compel compliance
with this Section.
|
| 9 | | (f) The Illinois State Police may promulgate rules for the |
| 10 | | administration of this
Section.
|
| 11 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 12 | | revised 10-14-21.)
|
| 13 | | (50 ILCS 750/15.6a) |
| 14 | | (Section scheduled to be repealed on December 31, 2023) |
| 15 | | Sec. 15.6a. Wireless emergency 9-1-1 service. |
| 16 | | (a) The digits "9-1-1" shall be the designated emergency |
| 17 | | telephone number within the wireless system. |
| 18 | | (b) The Illinois State Police may set non-discriminatory |
| 19 | | and uniform technical and operational standards consistent |
| 20 | | with the rules of the Federal Communications Commission for |
| 21 | | directing calls to authorized public safety answering points. |
| 22 | | These standards shall not in any way prescribe the technology |
| 23 | | or manner a wireless carrier shall use to deliver wireless |
| 24 | | 9-1-1 or wireless E9-1-1 calls, and these standards shall not |
| 25 | | exceed the requirements set by the Federal Communications |
|
| | HB5501 | - 737 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Commission; however, standards for directing calls to the |
| 2 | | authorized public safety answering point shall be included. |
| 3 | | The authority given to the Illinois State Police in this |
| 4 | | Section is limited to setting standards as set forth herein |
| 5 | | and does not constitute authority to regulate wireless |
| 6 | | carriers. |
| 7 | | (c) For the purpose of providing wireless 9-1-1 emergency |
| 8 | | services, an emergency telephone system board may declare its |
| 9 | | intention for one or more of its public safety answering |
| 10 | | points to serve as a primary wireless 9-1-1 public safety |
| 11 | | answering point for its jurisdiction by notifying the |
| 12 | | Administrator in writing within 6 months after receiving its |
| 13 | | authority to operate a 9-1-1 system under this Act. In |
| 14 | | addition, 2 or more emergency telephone system boards may, by |
| 15 | | virtue of an intergovernmental agreement, provide wireless |
| 16 | | 9-1-1 service. Until the jurisdiction comes into compliance |
| 17 | | with Section 15.4a of this Act, the Illinois State Police |
| 18 | | shall be the primary wireless 9-1-1 public safety answering |
| 19 | | point for any jurisdiction that did not provide notice to the |
| 20 | | Illinois Commerce Commission and the Illinois State Police |
| 21 | | prior to January 1, 2016. |
| 22 | | (d) The Administrator, upon a request from an emergency |
| 23 | | telephone system board and with the advice and recommendation |
| 24 | | of the Statewide 9-1-1 Advisory Board, may grant authority to |
| 25 | | the emergency telephone system board to provide wireless 9-1-1 |
| 26 | | service in areas for which the Illinois State Police has |
|
| | HB5501 | - 738 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | accepted wireless 9-1-1 responsibility. The Administrator |
| 2 | | shall maintain a current list of all 9-1-1 systems providing |
| 3 | | wireless 9-1-1 service under this Act.
|
| 4 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 5 | | revised 10-14-21.)
|
| 6 | | (50 ILCS 750/15.6b) |
| 7 | | (Section scheduled to be repealed on December 31, 2023) |
| 8 | | Sec. 15.6b. Next Generation 9-1-1 service. |
| 9 | | (a) The Administrator, with the advice and recommendation |
| 10 | | of the Statewide 9-1-1 Advisory Board, shall develop and |
| 11 | | implement a plan for a statewide Next Generation 9-1-1 |
| 12 | | network. The Next Generation 9-1-1 network must be an Internet |
| 13 | | protocol-based platform that at a minimum provides: |
| 14 | | (1) improved 9-1-1 call delivery; |
| 15 | | (2) enhanced interoperability; |
| 16 | | (3) increased ease of communication between 9-1-1 |
| 17 | | service providers, allowing immediate transfer of 9-1-1 |
| 18 | | calls, caller information, photos, and other data |
| 19 | | statewide; |
| 20 | | (4) a hosted solution with redundancy built in; and |
| 21 | | (5) compliance with the most current NENA Standards. |
| 22 | | (b) By July 1, 2016, the Administrator, with the advice |
| 23 | | and recommendation of the Statewide 9-1-1 Advisory Board, |
| 24 | | shall design and issue a competitive request for a proposal to |
| 25 | | secure the services of a consultant to complete a feasibility |
|
| | HB5501 | - 739 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | study on the implementation of a statewide Next Generation |
| 2 | | 9-1-1 network in Illinois. By July 1, 2017, the consultant |
| 3 | | shall complete the feasibility study and make recommendations |
| 4 | | as to the appropriate procurement approach for developing a |
| 5 | | statewide Next Generation 9-1-1 network. |
| 6 | | (c) Within 12 months of the final report from the |
| 7 | | consultant under subsection (b) of this Section, the Illinois |
| 8 | | State Police shall procure and finalize a contract with a |
| 9 | | vendor certified under Section 13-900 of the Public Utilities |
| 10 | | Act to establish a statewide Next Generation 9-1-1 network. |
| 11 | | The Illinois State Police, in consultation with and subject to |
| 12 | | the approval of the Chief Procurement Officer, may procure a |
| 13 | | single contract or multiple contracts to implement the |
| 14 | | provisions of this Section. A contract or contracts under this |
| 15 | | subsection are not subject to the provisions of the Illinois |
| 16 | | Procurement Code, except for Sections 20-60, 20-65, 20-70, and |
| 17 | | 20-160 and Article 50 of that Code, provided that the Chief |
| 18 | | Procurement Officer may, in writing with justification, waive |
| 19 | | any certification required under Article 50 of the Illinois |
| 20 | | Procurement Code. This exemption is inoperative 2 years from |
| 21 | | June 3, 2021 (the effective date of Public Act 102-9) this |
| 22 | | Amendatory Act of the 102nd General Assembly. Within 18 months |
| 23 | | of securing the contract, the vendor shall implement a Next |
| 24 | | Generation 9-1-1 network that allows 9-1-1 systems providing |
| 25 | | 9-1-1 service to Illinois residents to access the system |
| 26 | | utilizing their current infrastructure if it meets the |
|
| | HB5501 | - 740 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | standards adopted by the Illinois State Police.
|
| 2 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; |
| 3 | | 102-538, eff. 8-20-21; revised 10-12-21.)
|
| 4 | | (50 ILCS 750/17.5) |
| 5 | | (Section scheduled to be repealed on December 31, 2023) |
| 6 | | Sec. 17.5. Statewide 9-1-1 Call Directory. |
| 7 | | (a) The General Assembly finds the following: |
| 8 | | (1) Some 9-1-1 systems throughout this State do not |
| 9 | | have a procedure in place to manually transfer 9-1-1 calls |
| 10 | | originating within one 9-1-1 system's jurisdiction, but |
| 11 | | which should properly be answered and dispatched by |
| 12 | | another 9-1-1 system, to the appropriate 9-1-1 system for |
| 13 | | answering and dispatch of first responders. |
| 14 | | (2) On January 1, 2016, the General Assembly gave |
| 15 | | oversight authority of 9-1-1 systems to the Illinois State |
| 16 | | Police. |
| 17 | | (3) Since that date, the Illinois State Police has |
| 18 | | authorized individual 9-1-1 systems in counties and |
| 19 | | municipalities to implement and upgrade 9-1-1 systems |
| 20 | | throughout the State. |
| 21 | | (b) The Illinois State Police shall prepare a directory of |
| 22 | | all authorized 9-1-1 systems in the State. The directory shall |
| 23 | | include an emergency 24/7 10-digit telephone number for all |
| 24 | | primary public safety answering points located in each 9-1-1 |
| 25 | | system to which 9-1-1 calls from another jurisdiction can be |
|
| | HB5501 | - 741 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | transferred. This directory shall be made available to each |
| 2 | | 9-1-1 authority for its use in establishing standard operating |
| 3 | | procedures regarding calls outside its 9-1-1 jurisdiction. |
| 4 | | (c) Each 9-1-1 system shall provide the Illinois State |
| 5 | | Police with the following information: |
| 6 | | (1) The name of the PSAP, a list of every |
| 7 | | participating agency, and the county the PSAP is in, |
| 8 | | including college and university public safety entities. |
| 9 | | (2) The 24/7 10-digit emergency telephone number for |
| 10 | | the dispatch agency to which 9-1-1 calls originating in |
| 11 | | another 9-1-1 jurisdiction can be transferred to exchange |
| 12 | | information. The emergency telephone number must be a |
| 13 | | direct line that is not answered by an automated system |
| 14 | | but rather is answered by a person. Each 9-1-1 system |
| 15 | | shall provide the Illinois State Police with any changes |
| 16 | | to the participating agencies and this number immediately |
| 17 | | upon the change occurring. Each 9-1-1 system shall provide |
| 18 | | the PSAP information and the 24/7 10-digit emergency |
| 19 | | telephone number Illinois State Police's within 30 days of |
| 20 | | June 3, 2021 (the effective date of Public Act 102-9) this |
| 21 | | amendatory Act of the 102nd General Assembly. |
| 22 | | (3) The standard operating procedure describing the |
| 23 | | manner in which the 9-1-1 system will transfer 9-1-1 calls |
| 24 | | originating within its jurisdiction, but which should |
| 25 | | properly be answered and dispatched by another 9-1-1 |
| 26 | | system, to the appropriate 9-1-1 system. Each 9-1-1 system |
|
| | HB5501 | - 742 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall provide the standard operating procedures to the |
| 2 | | Manager of the Illinois State Police's 9-1-1 Program |
| 3 | | within 180 days after July 1, 2017 (the effective date of |
| 4 | | Public Act 100-20) this amendatory Act of the 100th |
| 5 | | General Assembly.
|
| 6 | | (d) Unless exigent circumstances dictate otherwise, each |
| 7 | | 9-1-1 system's public safety telecommunicators shall be |
| 8 | | responsible for remaining on the line with the caller when a |
| 9 | | 9-1-1 call originates within its jurisdiction to ensure the |
| 10 | | 9-1-1 call is transferred to the appropriate authorized entity |
| 11 | | for answer and dispatch until a public safety telecommunicator |
| 12 | | is on the line and confirms jurisdiction for the call. |
| 13 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 14 | | revised 10-15-21.)
|
| 15 | | (50 ILCS 750/19) |
| 16 | | (Section scheduled to be repealed on December 31, 2023) |
| 17 | | Sec. 19. Statewide 9-1-1 Advisory Board. |
| 18 | | (a) Beginning July 1, 2015, there is created the Statewide |
| 19 | | 9-1-1 Advisory Board within the Illinois State Police. The |
| 20 | | Board shall consist of the following 11 voting members: |
| 21 | | (1) The Director of the Illinois State Police, or his |
| 22 | | or her designee, who shall serve as chairman. |
| 23 | | (2) The Executive Director of the Commission, or his |
| 24 | | or her designee. |
| 25 | | (3) Members Nine members appointed by the Governor as |
|
| | HB5501 | - 744 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Chiefs Association. |
| 2 | | The Governor shall appoint the following non-voting |
| 3 | | members: (i) one member representing an incumbent local |
| 4 | | exchange 9-1-1 system provider; (ii) one member representing a |
| 5 | | non-incumbent local exchange 9-1-1 system provider; (iii) one |
| 6 | | member representing a large wireless carrier; (iv) one member |
| 7 | | representing an incumbent local exchange carrier; (v) one |
| 8 | | member representing the Illinois Broadband and |
| 9 | | Telecommunications Association; (vi) one member representing |
| 10 | | the Illinois Broadband and Cable Association; and (vii) one |
| 11 | | member representing the Illinois State Ambulance Association. |
| 12 | | The Speaker of the House of Representatives, the Minority |
| 13 | | Leader of the House of Representatives, the President of the |
| 14 | | Senate, and the Minority Leader of the Senate may each appoint |
| 15 | | a member of the General Assembly to temporarily serve as a |
| 16 | | non-voting member of the Board during the 12 months prior to |
| 17 | | the repeal date of this Act to discuss legislative initiatives |
| 18 | | of the Board. |
| 19 | | (b) The Governor shall make initial appointments to the |
| 20 | | Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the |
| 21 | | voting members appointed by the Governor shall serve an |
| 22 | | initial term of 2 years, and the remaining voting members |
| 23 | | appointed by the Governor shall serve an initial term of 3 |
| 24 | | years. Thereafter, each appointment by the Governor shall be |
| 25 | | for a term of 3 years. Non-voting members shall serve for a |
| 26 | | term of 3 years. Vacancies shall be filled in the same manner |
|
| | HB5501 | - 745 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | as the original appointment. Persons appointed to fill a |
| 2 | | vacancy shall serve for the balance of the unexpired term. |
| 3 | | Members of the Statewide 9-1-1 Advisory Board shall serve |
| 4 | | without compensation. |
| 5 | | (c) The 9-1-1 Services Advisory Board, as constituted on |
| 6 | | June 1, 2015 without the legislative members, shall serve in |
| 7 | | the role of the Statewide 9-1-1 Advisory Board until all |
| 8 | | appointments of voting members have been made by the Governor |
| 9 | | under subsection (a) of this Section. |
| 10 | | (d) The Statewide 9-1-1 Advisory Board shall: |
| 11 | | (1) advise the Illinois State Police and the Statewide |
| 12 | | 9-1-1 Administrator on the oversight of 9-1-1 systems and |
| 13 | | the development and implementation of a uniform statewide |
| 14 | | 9-1-1 system; |
| 15 | | (2) make recommendations to the Governor and the |
| 16 | | General Assembly regarding improvements to 9-1-1 services |
| 17 | | throughout the State; and |
| 18 | | (3) exercise all other powers and duties provided in |
| 19 | | this Act. |
| 20 | | (e) The Statewide 9-1-1 Advisory Board shall submit to the |
| 21 | | General Assembly a report by March 1 of each year providing an |
| 22 | | update on the transition to a statewide 9-1-1 system and |
| 23 | | recommending any legislative action. |
| 24 | | (f) The Illinois State Police shall provide administrative |
| 25 | | support to the Statewide 9-1-1 Advisory Board.
|
| 26 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
|
| | HB5501 | - 746 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | revised 10-15-21.)
|
| 2 | | (50 ILCS 750/20) |
| 3 | | (Section scheduled to be repealed on December 31, 2023) |
| 4 | | Sec. 20. Statewide surcharge. |
| 5 | | (a) On and after January 1, 2016, and except with respect |
| 6 | | to those customers who are subject to surcharges as provided |
| 7 | | in Sections 15.3 and 15.3a of this Act, a monthly surcharge |
| 8 | | shall be imposed on all customers of telecommunications |
| 9 | | carriers and wireless carriers as follows: |
| 10 | | (1) Each telecommunications carrier shall impose a |
| 11 | | monthly surcharge per network connection; provided, |
| 12 | | however, the monthly surcharge shall not apply to a |
| 13 | | network connection provided for use with pay telephone |
| 14 | | services. Where multiple voice grade communications |
| 15 | | channels are connected between the subscriber's premises |
| 16 | | and a public switched network through private branch |
| 17 | | exchange (PBX), Centrex type service, or other multiple |
| 18 | | voice grade communication channels facility, there shall |
| 19 | | be imposed 5 such surcharges per network connection for |
| 20 | | both regular service and advanced service provisioned |
| 21 | | trunk lines. Until December 31, 2017, the surcharge shall |
| 22 | | be $0.87 per network connection and on and after January |
| 23 | | 1, 2018, the surcharge shall be $1.50 per network |
| 24 | | connection. |
| 25 | | (2) Each wireless carrier shall impose and collect a |
|
| | HB5501 | - 747 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | monthly surcharge per CMRS connection that either has a |
| 2 | | telephone number within an area code assigned to Illinois |
| 3 | | by the North American Numbering Plan Administrator or has |
| 4 | | a billing address in this State. Until December 31, 2017, |
| 5 | | the surcharge shall be $0.87 per connection and on and |
| 6 | | after January 1, 2018, the surcharge shall be $1.50 per |
| 7 | | connection. |
| 8 | | (b) State and local taxes shall not apply to the |
| 9 | | surcharges imposed under this Section. |
| 10 | | (c) The surcharges imposed by this Section shall be stated |
| 11 | | as a separately stated item on subscriber bills. |
| 12 | | (d) The telecommunications carrier collecting the |
| 13 | | surcharge may deduct and retain 1.74% of the gross amount of |
| 14 | | surcharge collected to reimburse the telecommunications |
| 15 | | carrier for the expense of accounting and collecting the |
| 16 | | surcharge. On and after July 1, 2022, the wireless carrier |
| 17 | | collecting a surcharge under this Section may deduct and |
| 18 | | retain 1.74% of the gross amount of the surcharge collected to |
| 19 | | reimburse the wireless carrier for the expense of accounting |
| 20 | | and collecting the surcharge. |
| 21 | | (d-5) Notwithstanding the provisions of subsection (d) of |
| 22 | | this Section, an amount not greater than 2.5% may be deducted |
| 23 | | and retained if the telecommunications or wireless carrier can |
| 24 | | support, through documentation, expenses that exceed the 1.74% |
| 25 | | allowed. The documentation shall be submitted to the Illinois |
| 26 | | State Police and input obtained from the Statewide 9-1-1 |
|
| | HB5501 | - 748 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Advisory Board prior to approval of the deduction. |
| 2 | | (e) Surcharges imposed under this Section shall be |
| 3 | | collected by the carriers and shall be remitted to the |
| 4 | | Illinois State Police, either by check or electronic funds |
| 5 | | transfer, by the end of the next calendar month after the |
| 6 | | calendar month in which it was collected for deposit into the |
| 7 | | Statewide 9-1-1 Fund. Carriers are not required to remit |
| 8 | | surcharge moneys that are billed to subscribers but not yet |
| 9 | | collected. |
| 10 | | The first remittance by wireless carriers shall include |
| 11 | | the number of subscribers by zip code, and the 9-digit zip code |
| 12 | | if currently being used or later implemented by the carrier, |
| 13 | | that shall be the means by which the Illinois State Police |
| 14 | | shall determine distributions from the Statewide 9-1-1 Fund. |
| 15 | | This information shall be updated at least once each year. Any |
| 16 | | carrier that fails to provide the zip code information |
| 17 | | required under this subsection (e) shall be subject to the |
| 18 | | penalty set forth in subsection (g) of this Section. |
| 19 | | (f) If, within 8 calendar days after it is due under |
| 20 | | subsection (e) of this Section, a carrier does not remit the |
| 21 | | surcharge or any portion thereof required under this Section, |
| 22 | | then the surcharge or portion thereof shall be deemed |
| 23 | | delinquent until paid in full, and the Illinois State Police |
| 24 | | may impose a penalty against the carrier in an amount equal to |
| 25 | | the greater of: |
| 26 | | (1) $25 for each month or portion of a month from the |
|
| | HB5501 | - 750 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | number of subscribers by zip code as required under subsection |
| 2 | | (e) of this Section shall be prorated for each day of that |
| 3 | | month during which the carrier had not provided the number of |
| 4 | | subscribers by zip code as required under subsection (e) of |
| 5 | | this Section. Any penalty imposed under this subsection (g) is |
| 6 | | in addition to any other penalty imposed under this Section. |
| 7 | | (h) A penalty imposed and collected in accordance with |
| 8 | | subsection (f) or (g) of this Section shall be deposited into |
| 9 | | the Statewide 9-1-1 Fund for distribution according to Section |
| 10 | | 30 of this Act. |
| 11 | | (i) The Illinois State Police may enforce the collection |
| 12 | | of any delinquent amount and any penalty due and unpaid under |
| 13 | | this Section by legal action or in any other manner by which |
| 14 | | the collection of debts due the State of Illinois may be |
| 15 | | enforced under the laws of this State. The Illinois State |
| 16 | | Police may excuse the payment of any penalty imposed under |
| 17 | | this Section if the Administrator determines that the |
| 18 | | enforcement of this penalty is unjust. |
| 19 | | (j) Notwithstanding any provision of law to the contrary, |
| 20 | | nothing shall impair the right of wireless carriers to recover |
| 21 | | compliance costs for all emergency communications services |
| 22 | | that are not reimbursed out of the Wireless Carrier |
| 23 | | Reimbursement Fund directly from their wireless subscribers by |
| 24 | | line-item charges on the wireless subscriber's bill. Those |
| 25 | | compliance costs include all costs incurred by wireless |
| 26 | | carriers in complying with local, State, and federal |
|
| | HB5501 | - 751 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | regulatory or legislative mandates that require the |
| 2 | | transmission and receipt of emergency communications to and |
| 3 | | from the general public, including, but not limited to, |
| 4 | | E9-1-1.
|
| 5 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 6 | | revised 10-26-21.)
|
| 7 | | (50 ILCS 750/30) |
| 8 | | (Section scheduled to be repealed on December 31, 2023) |
| 9 | | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. |
| 10 | | (a) A special fund in the State treasury known as the |
| 11 | | Wireless Service Emergency Fund shall be renamed the Statewide |
| 12 | | 9-1-1 Fund. Any appropriations made from the Wireless Service |
| 13 | | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. |
| 14 | | The Fund shall consist of the following: |
| 15 | | (1) 9-1-1 wireless surcharges assessed under the |
| 16 | | Wireless Emergency Telephone Safety Act. |
| 17 | | (2) 9-1-1 surcharges assessed under Section 20 of this |
| 18 | | Act. |
| 19 | | (3) Prepaid wireless 9-1-1 surcharges assessed under |
| 20 | | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. |
| 21 | | (4) Any appropriations, grants, or gifts made to the |
| 22 | | Fund. |
| 23 | | (5) Any income from interest, premiums, gains, or |
| 24 | | other earnings on moneys in the Fund. |
| 25 | | (6) Money from any other source that is deposited in |
|
| | HB5501 | - 752 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or transferred to the Fund. |
| 2 | | (b) Subject to appropriation and availability of funds, |
| 3 | | the Illinois State Police shall distribute the 9-1-1 |
| 4 | | surcharges monthly as follows: |
| 5 | | (1) From each surcharge collected and remitted under |
| 6 | | Section 20 of this Act: |
| 7 | | (A) $0.013 shall be distributed monthly in equal |
| 8 | | amounts to each County Emergency Telephone System |
| 9 | | Board in counties with a population under 100,000 |
| 10 | | according to the most recent census data which is |
| 11 | | authorized to serve as a primary wireless 9-1-1 public |
| 12 | | safety answering point for the county and to provide |
| 13 | | wireless 9-1-1 service as prescribed by subsection (b) |
| 14 | | of Section 15.6a of this Act, and which does provide |
| 15 | | such service. |
| 16 | | (B) $0.033 shall be transferred by the Comptroller |
| 17 | | at the direction of the Illinois State Police to the |
| 18 | | Wireless Carrier Reimbursement Fund until June 30, |
| 19 | | 2017; from July 1, 2017 through June 30, 2018, $0.026 |
| 20 | | shall be transferred; from July 1, 2018 through June |
| 21 | | 30, 2019, $0.020 shall be transferred; from July 1, |
| 22 | | 2019, through June 30, 2020, $0.013 shall be |
| 23 | | transferred; from July 1, 2020 through June 30, 2021, |
| 24 | | $0.007 will be transferred; and after June 30, 2021, |
| 25 | | no transfer shall be made to the Wireless Carrier |
| 26 | | Reimbursement Fund. |
|
| | HB5501 | - 753 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (C) Until December 31, 2017, $0.007 and on and |
| 2 | | after January 1, 2018, $0.017 shall be used to cover |
| 3 | | the Illinois State Police's administrative costs. |
| 4 | | (D) Beginning January 1, 2018, until June 30, |
| 5 | | 2020, $0.12, and on and after July 1, 2020, $0.04 shall |
| 6 | | be used to make monthly proportional grants to the |
| 7 | | appropriate 9-1-1 Authority currently taking wireless |
| 8 | | 9-1-1 based upon the United States Postal Zip Code of |
| 9 | | the billing addresses of subscribers wireless |
| 10 | | carriers. |
| 11 | | (E) Until June 30, 2023, $0.05 shall be used by the |
| 12 | | Illinois State Police for grants for NG9-1-1 expenses, |
| 13 | | with priority given to 9-1-1 Authorities that provide |
| 14 | | 9-1-1 service within the territory of a Large Electing |
| 15 | | Provider as defined in Section 13-406.1 of the Public |
| 16 | | Utilities Act. |
| 17 | | (F) On and after July 1, 2020, $0.13 shall be used |
| 18 | | for the implementation of and continuing expenses for |
| 19 | | the Statewide NG9-1-1 system. |
| 20 | | (2) After disbursements under paragraph (1) of this |
| 21 | | subsection (b), all remaining funds in the Statewide 9-1-1 |
| 22 | | Fund shall be disbursed in the following priority order: |
| 23 | | (A) The Fund shall pay monthly to: |
| 24 | | (i) the 9-1-1 Authorities that imposed |
| 25 | | surcharges under Section 15.3 of this Act and were |
| 26 | | required to report to the Illinois Commerce |
|
| | HB5501 | - 754 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Commission under Section 27 of the Wireless |
| 2 | | Emergency Telephone Safety Act on October 1, 2014, |
| 3 | | except a 9-1-1 Authority in a municipality with a |
| 4 | | population in excess of 500,000, an amount equal |
| 5 | | to the average monthly wireline and VoIP surcharge |
| 6 | | revenue attributable to the most recent 12-month |
| 7 | | period reported to the Illinois State Police under |
| 8 | | that Section for the October 1, 2014 filing, |
| 9 | | subject to the power of the Illinois State Police |
| 10 | | to investigate the amount reported and adjust the |
| 11 | | number by order under Article X of the Public |
| 12 | | Utilities Act, so that the monthly amount paid |
| 13 | | under this item accurately reflects one-twelfth of |
| 14 | | the aggregate wireline and VoIP surcharge revenue |
| 15 | | properly attributable to the most recent 12-month |
| 16 | | period reported to the Commission; or |
| 17 | | (ii) county qualified governmental entities |
| 18 | | that did not impose a surcharge under Section 15.3 |
| 19 | | as of December 31, 2015, and counties that did not |
| 20 | | impose a surcharge as of June 30, 2015, an amount |
| 21 | | equivalent to their population multiplied by .37 |
| 22 | | multiplied by the rate of $0.69; counties that are |
| 23 | | not county qualified governmental entities and |
| 24 | | that did not impose a surcharge as of December 31, |
| 25 | | 2015, shall not begin to receive the payment |
| 26 | | provided for in this subsection until E9-1-1 and |
|
| | HB5501 | - 756 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | year 2023 and each year thereafter. The amount held in |
| 2 | | reserve in State fiscal years 2021, 2022, and 2023 |
| 3 | | shall not be less than $6.5 million. Disbursements |
| 4 | | under this subparagraph (D) shall be prioritized as |
| 5 | | follows: (i) consolidation grants prioritized under |
| 6 | | subsection (a) of Section 15.4b of this Act; (ii) |
| 7 | | NG9-1-1 expenses; and (iii) consolidation grants under |
| 8 | | Section 15.4b of this Act for consolidation expenses |
| 9 | | incurred between January 1, 2010, and January 1, 2016. |
| 10 | | (E) All remaining funds per remit month shall be |
| 11 | | used to make monthly proportional grants to the |
| 12 | | appropriate 9-1-1 Authority currently taking wireless |
| 13 | | 9-1-1 based upon the United States Postal Zip Code of |
| 14 | | the billing addresses of subscribers of wireless |
| 15 | | carriers. |
| 16 | | (c) The moneys deposited into the Statewide 9-1-1 Fund |
| 17 | | under this Section shall not be subject to administrative |
| 18 | | charges or chargebacks unless otherwise authorized by this |
| 19 | | Act. |
| 20 | | (d) Whenever two or more 9-1-1 Authorities consolidate, |
| 21 | | the resulting Joint Emergency Telephone System Board shall be |
| 22 | | entitled to the monthly payments that had theretofore been |
| 23 | | made to each consolidating 9-1-1 Authority. Any reserves held |
| 24 | | by any consolidating 9-1-1 Authority shall be transferred to |
| 25 | | the resulting Joint Emergency Telephone System Board. Whenever |
| 26 | | a county that has no 9-1-1 service as of January 1, 2016 enters |
|
| | HB5501 | - 757 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | into an agreement to consolidate to create or join a Joint |
| 2 | | Emergency Telephone System Board, the Joint Emergency |
| 3 | | Telephone System Board shall be entitled to the monthly |
| 4 | | payments that would have otherwise been paid to the county if |
| 5 | | it had provided 9-1-1 service.
|
| 6 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21; |
| 7 | | 102-538, eff. 8-20-21; revised 10-5-21.)
|
| 8 | | (50 ILCS 750/40) |
| 9 | | (Section scheduled to be repealed on December 31, 2023) |
| 10 | | Sec. 40. Financial reports. |
| 11 | | (a) The Illinois State Police shall create uniform |
| 12 | | accounting procedures, with such modification as may be |
| 13 | | required to give effect to statutory provisions applicable |
| 14 | | only to municipalities with a population in excess of 500,000, |
| 15 | | that any emergency telephone system board or unit of local |
| 16 | | government receiving surcharge money pursuant to Section 15.3, |
| 17 | | 15.3a, or 30 of this Act must follow. |
| 18 | | (b) By January 31, 2018, and every January 31 thereafter, |
| 19 | | each emergency telephone system board or unit of local |
| 20 | | government receiving surcharge money pursuant to Section 15.3, |
| 21 | | 15.3a, or 30 shall report to the Illinois State Police audited |
| 22 | | financial statements showing total revenue and expenditures |
| 23 | | for the period beginning with the end of the period covered by |
| 24 | | the last submitted report through the end of the previous |
| 25 | | calendar year in a form and manner as prescribed by the |
|
| | HB5501 | - 758 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois State Police. Such financial information shall |
| 2 | | include: |
| 3 | | (1) a detailed summary of revenue from all sources |
| 4 | | including, but not limited to, local, State, federal, and |
| 5 | | private revenues, and any other funds received; |
| 6 | | (2) all expenditures made during the reporting period |
| 7 | | from distributions under this Act; |
| 8 | | (3) call data and statistics, when available, from the |
| 9 | | reporting period, as specified by the Illinois State |
| 10 | | Police and collected in accordance with any reporting |
| 11 | | method established or required by the Illinois State |
| 12 | | Police; |
| 13 | | (4) all costs associated with dispatching appropriate |
| 14 | | public safety agencies to respond to 9-1-1 calls received |
| 15 | | by the PSAP; and |
| 16 | | (5) all funding sources and amounts of funding used |
| 17 | | for costs described in paragraph (4) of this subsection |
| 18 | | (b). |
| 19 | | The emergency telephone system board or unit of local |
| 20 | | government is responsible for any costs associated with |
| 21 | | auditing such financial statements. The Illinois State Police |
| 22 | | shall post the audited financial statements on the Illinois |
| 23 | | State Police's website. |
| 24 | | (c) Along with its audited financial statement, each |
| 25 | | emergency telephone system board or unit of local government |
| 26 | | receiving a grant under Section 15.4b of this Act shall |
|
| | HB5501 | - 759 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | include a report of the amount of grant moneys received and how |
| 2 | | the grant moneys were used. In case of a conflict between this |
| 3 | | requirement and the Grant Accountability and Transparency Act, |
| 4 | | or with the rules of the Governor's Office of Management and |
| 5 | | Budget adopted thereunder, that Act and those rules shall |
| 6 | | control. |
| 7 | | (d) If an emergency telephone system board that receives |
| 8 | | funds from the Statewide 9-1-1 Fund fails to file the 9-1-1 |
| 9 | | system financial reports as required under this Section, the |
| 10 | | Illinois State Police shall suspend and withhold monthly |
| 11 | | disbursements otherwise due to the emergency telephone system |
| 12 | | board under Section 30 of this Act until the report is filed. |
| 13 | | Any monthly disbursements that have been withheld for 12 |
| 14 | | months or more shall be forfeited by the emergency telephone |
| 15 | | system board and shall be distributed proportionally by the |
| 16 | | Illinois State Police to compliant emergency telephone system |
| 17 | | boards that receive funds from the Statewide 9-1-1 Fund. |
| 18 | | Any emergency telephone system board not in compliance |
| 19 | | with this Section shall be ineligible to receive any |
| 20 | | consolidation grant or infrastructure grant issued under this |
| 21 | | Act. |
| 22 | | (e) The Illinois State Police may adopt emergency rules |
| 23 | | necessary to implement the provisions of this Section.
|
| 24 | | (f) Any findings or decisions of the Illinois State Police |
| 25 | | under this Section shall be deemed a final administrative |
| 26 | | decision and shall be subject to judicial review under the |
|
| | HB5501 | - 760 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Administrative Review Law. |
| 2 | | (g) Beginning October 1, 2017, the Illinois State Police |
| 3 | | shall provide a quarterly report to the Statewide 9-1-1 |
| 4 | | Advisory Board of its expenditures from the Statewide 9-1-1 |
| 5 | | Fund for the prior fiscal quarter. |
| 6 | | (Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21; |
| 7 | | revised 10-18-21.)
|
| 8 | | Section 290. The Counties Code is amended by changing |
| 9 | | Sections 3-9008 and 5-1069.3 and by setting forth, |
| 10 | | renumbering, and changing multiple
versions of Section 5-1186 |
| 11 | | as follows:
|
| 12 | | (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
|
| 13 | | Sec. 3-9008. Appointment of attorney to perform duties. |
| 14 | | (a) (Blank). |
| 15 | | (a-5) The court on its own motion, or an interested person |
| 16 | | in a cause or proceeding, civil or criminal, may file a |
| 17 | | petition alleging that the State's Attorney is sick, absent, |
| 18 | | or unable to fulfill the State's Attorney's duties. The court |
| 19 | | shall consider the petition, any documents filed in response, |
| 20 | | and if necessary, grant a hearing to determine whether the |
| 21 | | State's Attorney is sick, absent, or otherwise unable to |
| 22 | | fulfill the State's Attorney's duties. If the court finds that |
| 23 | | the State's Attorney is sick, absent, or otherwise unable to |
| 24 | | fulfill the State's Attorney's duties, the court may appoint |
|
| | HB5501 | - 761 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | some competent attorney to prosecute or defend the cause or |
| 2 | | proceeding. |
| 3 | | (a-10) The court on its own motion, or an interested |
| 4 | | person in a cause, proceeding, or other matter arising under |
| 5 | | the State's Attorney's duties, civil or criminal, may file a |
| 6 | | petition alleging that the State's Attorney has an actual |
| 7 | | conflict of interest in the cause, proceeding, or other |
| 8 | | matter. The court shall consider the petition, any documents |
| 9 | | filed in response, and if necessary, grant a hearing to |
| 10 | | determine whether the State's Attorney has an actual conflict |
| 11 | | of interest in the cause, proceeding, or other matter. If the |
| 12 | | court finds that the petitioner has proven by sufficient facts |
| 13 | | and evidence that the State's Attorney has an actual conflict |
| 14 | | of interest in a specific case, the court may appoint some |
| 15 | | competent attorney to prosecute or defend the cause, |
| 16 | | proceeding, or other matter. |
| 17 | | (a-15) Notwithstanding subsections (a-5) and (a-10) of |
| 18 | | this Section, the State's Attorney may file a petition to |
| 19 | | recuse the State's Attorney from a cause or proceeding for any |
| 20 | | other reason the State's Attorney deems appropriate and the |
| 21 | | court shall appoint a special prosecutor as provided in this |
| 22 | | Section. |
| 23 | | (a-20) Prior to appointing a private attorney under this |
| 24 | | Section, the court shall contact public agencies, including, |
| 25 | | but not limited to, the Office of Attorney General, Office of |
| 26 | | the State's Attorneys Appellate Prosecutor, or local State's |
|
| | HB5501 | - 762 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Attorney's Offices throughout the State, to determine a public |
| 2 | | prosecutor's availability to serve as a special prosecutor at |
| 3 | | no cost to the county and shall appoint a public agency if they |
| 4 | | are able and willing to accept the appointment. An attorney so |
| 5 | | appointed shall have the same power and authority in relation |
| 6 | | to the cause or proceeding as the State's Attorney would have |
| 7 | | if present and attending to the cause or proceedings. |
| 8 | | (b) In case of a vacancy of more than one year
occurring in |
| 9 | | any county in the office of State's attorney, by death,
|
| 10 | | resignation or otherwise, and it becomes necessary for the |
| 11 | | transaction
of the public business, that some competent |
| 12 | | attorney act as State's
attorney in and for such county during |
| 13 | | the period between the time of
the occurrence of such vacancy |
| 14 | | and the election and qualification of a
State's attorney, as |
| 15 | | provided by law, the vacancy shall be filled upon
the written |
| 16 | | request of a majority of the circuit judges of the circuit
in |
| 17 | | which is located the county where such vacancy exists, by |
| 18 | | appointment
as provided in the Election Code of some competent |
| 19 | | attorney to perform
and discharge all the duties of a State's |
| 20 | | attorney in the said county,
such appointment and all |
| 21 | | authority thereunder to cease upon the election
and |
| 22 | | qualification of a State's attorney, as provided by law. Any
|
| 23 | | attorney appointed for any reason under this Section shall
|
| 24 | | possess all the powers and discharge all the
duties of a |
| 25 | | regularly elected State's attorney under the laws of the
State |
| 26 | | to the extent necessary to fulfill the purpose of such
|
|
| | HB5501 | - 763 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | appointment, and shall be paid by the county the State's |
| 2 | | Attorney serves not to exceed in
any one period of 12 months, |
| 3 | | for the reasonable amount of time actually
expended in |
| 4 | | carrying out the purpose of such appointment, the same |
| 5 | | compensation
as provided by law for the State's attorney of |
| 6 | | the county, apportioned,
in the case of lesser amounts of |
| 7 | | compensation,
as to the time of service reasonably and |
| 8 | | actually expended. The county shall participate in all |
| 9 | | agreements on the rate of compensation of a special |
| 10 | | prosecutor.
|
| 11 | | (c) An order granting authority to a special prosecutor |
| 12 | | must be construed strictly and narrowly by the court. The |
| 13 | | power and authority of a special prosecutor shall not be |
| 14 | | expanded without prior notice to the county. In the case of the |
| 15 | | proposed expansion of a special prosecutor's power and |
| 16 | | authority, a county may provide the court with information on |
| 17 | | the financial impact of an expansion on the county. Prior to |
| 18 | | the signing of an order requiring a county to pay for |
| 19 | | attorney's fees or litigation expenses, the county shall be |
| 20 | | provided with a detailed copy of the invoice describing the |
| 21 | | fees, and the invoice shall include all activities performed |
| 22 | | in relation to the case and the amount of time spent on each |
| 23 | | activity. |
| 24 | | (Source: P.A. 102-56, eff. 7-9-21; 102-657, eff. 1-1-22; |
| 25 | | revised 10-18-21.)
|
|
| | HB5501 | - 764 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (55 ILCS 5/5-1069.3)
|
| 2 | | Sec. 5-1069.3. Required health benefits. If a county, |
| 3 | | including a home
rule
county, is a self-insurer for purposes |
| 4 | | of providing health insurance coverage
for its employees, the |
| 5 | | coverage shall include coverage for the post-mastectomy
care |
| 6 | | benefits required to be covered by a policy of accident and |
| 7 | | health
insurance under Section 356t and the coverage required |
| 8 | | under Sections 356g, 356g.5, 356g.5-1, 356q, 356u,
356w, 356x, |
| 9 | | 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, |
| 10 | | 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29, |
| 11 | | 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41, |
| 12 | | 356z.45, 356z.46, 356z.47, 356z.48, and 356z.51 and 356z.43 of
|
| 13 | | the Illinois Insurance Code. The coverage shall comply with |
| 14 | | Sections 155.22a, 355b, 356z.19, and 370c of
the Illinois |
| 15 | | Insurance Code. The Department of Insurance shall enforce the |
| 16 | | requirements of this Section. The requirement that health |
| 17 | | benefits be covered
as provided in this Section is an
|
| 18 | | exclusive power and function of the State and is a denial and |
| 19 | | limitation under
Article VII, Section 6, subsection (h) of the |
| 20 | | Illinois Constitution. A home
rule county to which this |
| 21 | | Section applies must comply with every provision of
this |
| 22 | | Section.
|
| 23 | | Rulemaking authority to implement Public Act 95-1045, if |
| 24 | | any, is conditioned on the rules being adopted in accordance |
| 25 | | with all provisions of the Illinois Administrative Procedure |
| 26 | | Act and all rules and procedures of the Joint Committee on |
|
| | HB5501 | - 765 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Administrative Rules; any purported rule not so adopted, for |
| 2 | | whatever reason, is unauthorized. |
| 3 | | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; |
| 4 | | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. |
| 5 | | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, |
| 6 | | eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; |
| 7 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised |
| 8 | | 10-26-21.)
|
| 9 | | (55 ILCS 5/5-1186) |
| 10 | | Sec. 5-1186. Kane County criminal courts complex drug |
| 11 | | treatment center. Notwithstanding any other provision of law: |
| 12 | | (1) A private drug addiction treatment center may |
| 13 | | operate on the property transferred to Kane County in |
| 14 | | Public Act 86-729. |
| 15 | | (2) Kane County may lease portions of the property |
| 16 | | transferred to the County in Public Act 86-729 to a |
| 17 | | not-for-profit or for-profit company for a drug addiction |
| 18 | | treatment center. Kane County may share in the drug |
| 19 | | addiction treatment center revenue with a company to whom |
| 20 | | it leases the property. |
| 21 | | (3) Kane County may authorize the expenditure of funds |
| 22 | | for a private drug addiction treatment center on the |
| 23 | | property transferred to the County in Public Act 86-729.
|
| 24 | | (Source: P.A. 102-281, eff. 8-6-21.)
|
|
| | HB5501 | - 766 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (55 ILCS 5/5-1187)
|
| 2 | | Sec. 5-1187 5-1186. COVID-19 business relief; waiver of |
| 3 | | business fees, costs, and licensing. Notwithstanding any other |
| 4 | | provision of law, a county board or board of county |
| 5 | | commissioners may, by resolution, waive or provide credit for |
| 6 | | any application or permit costs, fees, or other licensing or |
| 7 | | registration costs for businesses, including, but not limited |
| 8 | | to, professional or business licensing, liquor licenses, |
| 9 | | construction, insurance, sales, builders, contractors, food |
| 10 | | service, delivery, repair, consultation, legal services, |
| 11 | | accounting, transportation, manufacturing, technology, |
| 12 | | assembly, tourism, entertainment, or any business, industry, |
| 13 | | or service the county is permitted by law to regulate or |
| 14 | | license. |
| 15 | | A waiver of business fees or costs shall be subject to an |
| 16 | | application or review process and a demonstration of need |
| 17 | | based upon any financial or logistical hardship as a result of |
| 18 | | the COVID-19 pandemic. |
| 19 | | Any such waiver or credit shall not be construed to apply |
| 20 | | to any of the business and licensing costs of the State or any |
| 21 | | of its agencies or departments and is not an exemption from |
| 22 | | safety, health, or regulatory requirements or inspections of a |
| 23 | | county, municipality, or the State.
|
| 24 | | (Source: P.A. 102-435, eff. 8-20-21; revised 11-9-21.)
|
| 25 | | Section 295. The Illinois Municipal Code is amended by |
|
| | HB5501 | - 767 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | changing Sections 8-4-25, 10-1-7, 10-1-7.1, 10-2.1-6, |
| 2 | | 10-2.1-6.3, and 10-4-2.3 as follows:
|
| 3 | | (65 ILCS 5/8-4-25) (from Ch. 24, par. 8-4-25)
|
| 4 | | Sec. 8-4-25.
Subject to the requirements of the Bond Issue |
| 5 | | Notification
Act, any municipality is authorized to issue from |
| 6 | | time to time
full faith and credit general obligation notes in |
| 7 | | an amount not to exceed
85% of the specific taxes levied for |
| 8 | | the year during which and for which
such notes are issued, |
| 9 | | provided no notes shall be issued in lieu of tax
warrants for |
| 10 | | any tax at any time there are outstanding tax anticipation
|
| 11 | | warrants against the specific taxes levied for the year. Such |
| 12 | | notes shall
bear interest at a rate not to exceed the maximum |
| 13 | | rate authorized by the
Bond Authorization Act, as amended at |
| 14 | | the time of the making of the
contract, if issued before |
| 15 | | January 1, 1972 and not more than the maximum
rate authorized |
| 16 | | by the Bond Authorization Act, as amended at the time of
the |
| 17 | | making of the contract, if issued after January 1, 1972 and |
| 18 | | shall
mature within two years from date. The first interest |
| 19 | | payment date on any
such notes shall not be earlier than the |
| 20 | | delinquency date of the first
installment of taxes levied to |
| 21 | | pay interest and principal of such notes.
Notes may be issued |
| 22 | | for taxes levied for the following purposes:
|
| 23 | | (a) Corporate.
|
| 24 | | (b) For the payment of judgments.
|
| 25 | | (c) Public Library for Maintenance and Operation.
|
|
| | HB5501 | - 768 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (d) Public Library for Buildings and Sites.
|
| 2 | | (e) (Blank).
|
| 3 | | (f) Relief (General Assistance).
|
| 4 | | In order to authorize and issue such notes, the corporate |
| 5 | | authorities
shall adopt an ordinance fixing the amount of the |
| 6 | | notes, the date
thereof, the maturity, rate of interest, place |
| 7 | | of payment and
denomination, which shall be in equal multiples |
| 8 | | of $1,000, and provide
for the levy and collection of a direct |
| 9 | | annual tax upon all the taxable
property in the municipality |
| 10 | | sufficient to pay the principal of and
interest on such notes |
| 11 | | as the same becomes due.
|
| 12 | | A certified copy of the ordinance authorizing the issuance |
| 13 | | of the
notes shall be filed in the office of the County Clerk |
| 14 | | of the county in
which the municipality is located, or if the |
| 15 | | municipality lies partly
within two or more counties, a |
| 16 | | certified copy of the ordinance
authorizing such notes shall |
| 17 | | be filed with the County Clerk of each of
the respective |
| 18 | | counties, and it shall be the duty of the County Clerk,
or |
| 19 | | County Clerks, whichever the case may be, to extend the tax |
| 20 | | therefor
in addition to and in excess of all other taxes |
| 21 | | heretofore or hereafter
authorized to be levied by such |
| 22 | | municipality.
|
| 23 | | From and after any such notes have been issued and while |
| 24 | | such notes
are outstanding, it shall be the duty of the County |
| 25 | | Clerk or County
Clerks, whichever the case may be, in |
| 26 | | computing the tax rate for the
purpose for which the notes have |
|
| | HB5501 | - 769 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | been issued to reduce the tax rate
levied for such purpose by |
| 2 | | the amount levied to pay the principal of and
interest on the |
| 3 | | notes to maturity, provided the tax rate shall not be
reduced |
| 4 | | beyond the amount necessary to reimburse any money borrowed |
| 5 | | from
the working cash fund, and it shall be the duty of the |
| 6 | | Clerk of the
municipality annually, not less than thirty (30) |
| 7 | | days prior to the tax
extension date, to certify to the County |
| 8 | | Clerk, or County Clerks,
whichever the case may be, the amount |
| 9 | | of money borrowed from the working
cash fund to be reimbursed |
| 10 | | from the specific tax levy.
|
| 11 | | No reimbursement shall be made to the working cash fund |
| 12 | | until there
has been accumulated from the tax levy provided |
| 13 | | for the notes an amount
sufficient to pay the principal of and |
| 14 | | interest on such notes as the
same become due.
|
| 15 | | With respect to instruments for the payment of money |
| 16 | | issued under this
Section either before, on, or after June 6, |
| 17 | | 1989 (the effective date of Public Act 86-4) this amendatory
|
| 18 | | Act of 1989, it is and always has been the intention of the |
| 19 | | General
Assembly (i) that the Omnibus Bond Acts are and always |
| 20 | | have been supplementary
grants of power to issue instruments |
| 21 | | in accordance with the Omnibus Bond
Acts, regardless of any |
| 22 | | provision of this Act that may appear to be or to
have been |
| 23 | | more restrictive than those Acts, (ii) that the provisions of
|
| 24 | | this Section are not a limitation on the supplementary |
| 25 | | authority granted by
the Omnibus Bond Acts, and (iii) that |
| 26 | | instruments issued under this Section
within the supplementary |
|
| | HB5501 | - 770 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authority granted by the Omnibus Bond Acts are not
invalid |
| 2 | | because of any provision of this Act that may appear to be or |
| 3 | | to
have been more restrictive than those Acts.
|
| 4 | | (Source: P.A. 102-587, eff. 1-1-22; revised 12-3-21.)
|
| 5 | | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
|
| 6 | | Sec. 10-1-7. Examination of applicants; disqualifications.
|
| 7 | | (a) All applicants for offices or places in the classified |
| 8 | | service, except
those mentioned in Section 10-1-17, are |
| 9 | | subject to examination. The
examination shall be public, |
| 10 | | competitive, and open to all citizens of the
United States, |
| 11 | | with specified limitations as to residence, age, health, |
| 12 | | habits
and moral character.
|
| 13 | | (b) Residency requirements in effect at the time an |
| 14 | | individual enters the
fire or police service of a municipality |
| 15 | | (other than a municipality that
has more than 1,000,000 |
| 16 | | inhabitants) cannot be made more restrictive
for that |
| 17 | | individual during his or her period of service for that |
| 18 | | municipality,
or be made a condition of promotion, except for |
| 19 | | the rank or position of Fire or
Police Chief.
|
| 20 | | (c) No person with a record of misdemeanor convictions |
| 21 | | except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, |
| 22 | | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, |
| 23 | | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, |
| 24 | | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions |
| 25 | | (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs |
|
| | HB5501 | - 771 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | subsections (1), (6), and
(8) of subsection (a) of Section |
| 2 | | 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 |
| 3 | | or arrested for any cause but
not convicted on that cause shall |
| 4 | | be disqualified from taking the examination
on grounds of |
| 5 | | habits or moral character, unless the person is attempting to
|
| 6 | | qualify for a position on the police department, in which case |
| 7 | | the conviction
or arrest may be considered as a factor in |
| 8 | | determining the person's habits or
moral character.
|
| 9 | | (d) Persons entitled to military preference under Section |
| 10 | | 10-1-16
shall not be subject to limitations specifying age |
| 11 | | unless they are
applicants for a position as a fireman or a |
| 12 | | policeman having no previous
employment status as a fireman or |
| 13 | | policeman in the regularly constituted
fire or police |
| 14 | | department of the municipality, in which case they must not
|
| 15 | | have attained their 35th birthday, except any person who has |
| 16 | | served as an
auxiliary police officer under Section 3.1-30-20 |
| 17 | | for at least 5 years and is
under 40 years of age.
|
| 18 | | (e) All employees of a municipality of less than 500,000 |
| 19 | | population (except
those who would be excluded from the |
| 20 | | classified service as provided in this
Division 1) who are |
| 21 | | holding that employment as of the date a municipality
adopts |
| 22 | | this Division 1, or as of July 17, 1959, whichever date is the |
| 23 | | later,
and who have held that employment for at least 2 years |
| 24 | | immediately before that
later date, and all firemen and |
| 25 | | policemen regardless of length of service who
were either |
| 26 | | appointed to their respective positions by the board of fire |
|
| | HB5501 | - 772 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and
police commissioners under the provisions of Division 2 of |
| 2 | | this Article or who
are serving in a position (except as a |
| 3 | | temporary employee) in the fire or
police department in the |
| 4 | | municipality on the date a municipality adopts
this Division |
| 5 | | 1, or as of July 17, 1959, whichever date is the later, shall
|
| 6 | | become members of the classified civil service of the |
| 7 | | municipality
without examination.
|
| 8 | | (f) The examinations shall be practical in their |
| 9 | | character, and shall
relate to those matters that will fairly |
| 10 | | test the relative capacity of the
persons examined to |
| 11 | | discharge the duties of the positions to which they
seek to be |
| 12 | | appointed. The examinations shall include tests of physical
|
| 13 | | qualifications, health, and (when appropriate) manual skill. |
| 14 | | If an applicant
is unable to pass the physical examination |
| 15 | | solely as the result of an injury
received by the applicant as |
| 16 | | the result of the performance of an act of duty
while working |
| 17 | | as a temporary employee in the position for which he or she is
|
| 18 | | being examined, however, the physical examination shall be |
| 19 | | waived and the
applicant shall be considered to have passed |
| 20 | | the examination. No questions in
any examination shall relate |
| 21 | | to political or religious opinions or
affiliations. Results of |
| 22 | | examinations and the eligible registers prepared from
the |
| 23 | | results shall be published by the commission within 60 days |
| 24 | | after any
examinations are held.
|
| 25 | | (g) The commission shall control all examinations, and |
| 26 | | may, whenever an
examination is to take place, designate a |
|
| | HB5501 | - 773 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | suitable number of persons,
either in or not in the official |
| 2 | | service of the municipality, to be
examiners. The examiners |
| 3 | | shall conduct the examinations as directed by the
commission |
| 4 | | and shall make a return or report of the examinations to the
|
| 5 | | commission. If the appointed examiners are in the official |
| 6 | | service of the
municipality, the examiners shall not receive |
| 7 | | extra compensation for conducting
the examinations unless the |
| 8 | | examiners are subject to a collective bargaining agreement |
| 9 | | with the municipality. The commission may at any time |
| 10 | | substitute any other person,
whether or not in the service of |
| 11 | | the municipality, in the place of any one
selected as an |
| 12 | | examiner. The commission members may themselves at any time |
| 13 | | act
as examiners without appointing examiners. The examiners |
| 14 | | at any examination
shall not all be members of the same |
| 15 | | political party.
|
| 16 | | (h) In municipalities of 500,000 or more population, no |
| 17 | | person who has
attained his or her 35th birthday shall be |
| 18 | | eligible to take an examination for
a position as a fireman or |
| 19 | | a policeman unless the person has had previous
employment |
| 20 | | status as a policeman or fireman in the regularly constituted |
| 21 | | police
or fire department of the municipality, except as |
| 22 | | provided in this Section.
|
| 23 | | (i) In municipalities of more than 5,000 but not more than |
| 24 | | 200,000
inhabitants, no person who has attained his or her |
| 25 | | 35th birthday shall be
eligible to take an examination for a |
| 26 | | position as a fireman or a policeman
unless the person has had |
|
| | HB5501 | - 774 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | previous employment status as a policeman or fireman
in the |
| 2 | | regularly constituted police or fire department of the |
| 3 | | municipality,
except as provided in this Section.
|
| 4 | | (j) In all municipalities, applicants who are 20 years of |
| 5 | | age and who have
successfully completed 2 years of law |
| 6 | | enforcement studies at an accredited
college or university may |
| 7 | | be considered for appointment to active duty with
the police |
| 8 | | department. An applicant described in this subsection (j) who |
| 9 | | is
appointed to active duty shall not have power of arrest, nor |
| 10 | | shall the
applicant be permitted to carry firearms, until he |
| 11 | | or she reaches 21 years of
age.
|
| 12 | | (k) In municipalities of more than 500,000 population, |
| 13 | | applications for
examination for and appointment to positions |
| 14 | | as firefighters or police
shall be made available at various |
| 15 | | branches of the public library of the
municipality.
|
| 16 | | (l) No municipality having a population less than |
| 17 | | 1,000,000 shall require
that any fireman appointed to the |
| 18 | | lowest rank serve a probationary employment
period of longer |
| 19 | | than one year. The limitation on periods of probationary
|
| 20 | | employment provided in Public Act 86-990 this amendatory Act |
| 21 | | of 1989 is an exclusive power and
function of the State. |
| 22 | | Pursuant to subsection (h) of Section 6 of Article VII
of the |
| 23 | | Illinois Constitution, a home rule municipality having a |
| 24 | | population less
than 1,000,000 must comply with this |
| 25 | | limitation on periods of probationary
employment, which is a |
| 26 | | denial and limitation of home rule powers.
Notwithstanding |
|
| | HB5501 | - 775 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | anything to the contrary in this Section, the probationary
|
| 2 | | employment period limitation may be extended for a firefighter |
| 3 | | who is required, as a condition of employment, to be a licensed |
| 4 | | paramedic, during which time the sole reason that a |
| 5 | | firefighter may be discharged without a hearing is for failing |
| 6 | | to meet the requirements for paramedic licensure.
|
| 7 | | (m) To the extent that this Section or any other Section in |
| 8 | | this Division conflicts with Section 10-1-7.1 or 10-1-7.2, |
| 9 | | then Section 10-1-7.1 or 10-1-7.2 shall control. |
| 10 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
| 11 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-973, eff. |
| 12 | | 8-15-14; revised 12-3-21.)
|
| 13 | | (65 ILCS 5/10-1-7.1) |
| 14 | | Sec. 10-1-7.1. Original appointments; full-time fire |
| 15 | | department. |
| 16 | | (a) Applicability. Unless a commission elects to follow |
| 17 | | the provisions of Section 10-1-7.2, this Section shall apply |
| 18 | | to all original appointments to an affected full-time fire |
| 19 | | department. Existing registers of eligibles shall continue to |
| 20 | | be valid until their expiration dates, or up to a maximum of 2 |
| 21 | | years after August 4, 2011 (the effective date of Public Act |
| 22 | | 97-251). |
| 23 | | Notwithstanding any statute, ordinance, rule, or other law |
| 24 | | to the contrary, all original appointments to an affected |
| 25 | | department to which this Section applies shall be administered |
|
| | HB5501 | - 776 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in the manner provided for in this Section. Provisions of the |
| 2 | | Illinois Municipal Code, municipal ordinances, and rules |
| 3 | | adopted pursuant to such authority and other laws relating to |
| 4 | | initial hiring of firefighters in affected departments shall |
| 5 | | continue to apply to the extent they are compatible with this |
| 6 | | Section, but in the event of a conflict between this Section |
| 7 | | and any other law, this Section shall control. |
| 8 | | A home rule or non-home rule municipality may not |
| 9 | | administer its fire department process for original |
| 10 | | appointments in a manner that is less stringent than this |
| 11 | | Section. This Section is a limitation under subsection (i) of |
| 12 | | Section 6 of Article VII of the Illinois Constitution on the |
| 13 | | concurrent exercise by home rule units of the powers and |
| 14 | | functions exercised by the State. |
| 15 | | A municipality that is operating under a court order or |
| 16 | | consent decree regarding original appointments to a full-time |
| 17 | | fire department before August 4, 2011 (the effective date of |
| 18 | | Public Act 97-251) is exempt from the requirements of this |
| 19 | | Section for the duration of the court order or consent decree. |
| 20 | | Notwithstanding any other provision of this subsection |
| 21 | | (a), this Section does not apply to a municipality with more |
| 22 | | than 1,000,000 inhabitants. |
| 23 | | (b) Original appointments. All original appointments made |
| 24 | | to an affected fire department shall be made from a register of |
| 25 | | eligibles established in accordance with the processes |
| 26 | | established by this Section. Only persons who meet or exceed |
|
| | HB5501 | - 777 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the performance standards required by this Section shall be |
| 2 | | placed on a register of eligibles for original appointment to |
| 3 | | an affected fire department. |
| 4 | | Whenever an appointing authority authorizes action to hire |
| 5 | | a person to perform the duties of a firefighter or to hire a |
| 6 | | firefighter-paramedic to fill a position that is a new |
| 7 | | position or vacancy due to resignation, discharge, promotion, |
| 8 | | death, the granting of a disability or retirement pension, or |
| 9 | | any other cause, the appointing authority shall appoint to |
| 10 | | that position the person with the highest ranking on the final |
| 11 | | eligibility list. If the appointing authority has reason to |
| 12 | | conclude that the highest ranked person fails to meet the |
| 13 | | minimum standards for the position or if the appointing |
| 14 | | authority believes an alternate candidate would better serve |
| 15 | | the needs of the department, then the appointing authority has |
| 16 | | the right to pass over the highest ranked person and appoint |
| 17 | | either: (i) any person who has a ranking in the top 5% of the |
| 18 | | register of eligibles or (ii) any person who is among the top 5 |
| 19 | | highest ranked persons on the list of eligibles if the number |
| 20 | | of people who have a ranking in the top 5% of the register of |
| 21 | | eligibles is less than 5 people. |
| 22 | | Any candidate may pass on an appointment once without |
| 23 | | losing his or her position on the register of eligibles. Any |
| 24 | | candidate who passes a second time may be removed from the list |
| 25 | | by the appointing authority provided that such action shall |
| 26 | | not prejudice a person's opportunities to participate in |
|
| | HB5501 | - 778 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | future examinations, including an examination held during the |
| 2 | | time a candidate is already on the municipality's register of |
| 3 | | eligibles. |
| 4 | | The sole authority to issue certificates of appointment |
| 5 | | shall be vested in the Civil Service Commission. All |
| 6 | | certificates of appointment issued to any officer or member of |
| 7 | | an affected department shall be signed by the chairperson and |
| 8 | | secretary, respectively, of the commission upon appointment of |
| 9 | | such officer or member to the affected department by the |
| 10 | | commission. After being selected from the register of |
| 11 | | eligibles to fill a vacancy in the affected department, each |
| 12 | | appointee shall be presented with his or her certificate of |
| 13 | | appointment on the day on which he or she is sworn in as a |
| 14 | | classified member of the affected department. Firefighters who |
| 15 | | were not issued a certificate of appointment when originally |
| 16 | | appointed shall be provided with a certificate within 10 days |
| 17 | | after making a written request to the chairperson of the Civil |
| 18 | | Service Commission. Each person who accepts a certificate of |
| 19 | | appointment and successfully completes his or her probationary |
| 20 | | period shall be enrolled as a firefighter and as a regular |
| 21 | | member of the fire department. |
| 22 | | For the purposes of this Section, "firefighter" means any |
| 23 | | person who has been prior to, on, or after August 4, 2011 (the |
| 24 | | effective date of Public Act 97-251) appointed to a fire |
| 25 | | department or fire protection district or employed by a State |
| 26 | | university and sworn or commissioned to perform firefighter |
|
| | HB5501 | - 779 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | duties or paramedic duties, or both, except that the following |
| 2 | | persons are not included: part-time firefighters; auxiliary, |
| 3 | | reserve, or voluntary firefighters, including paid-on-call |
| 4 | | firefighters; clerks and dispatchers or other civilian |
| 5 | | employees of a fire department or fire protection district who |
| 6 | | are not routinely expected to perform firefighter duties; and |
| 7 | | elected officials. |
| 8 | | (c) Qualification for placement on register of eligibles. |
| 9 | | The purpose of establishing a register of eligibles is to |
| 10 | | identify applicants who possess and demonstrate the mental |
| 11 | | aptitude and physical ability to perform the duties required |
| 12 | | of members of the fire department in order to provide the |
| 13 | | highest quality of service to the public. To this end, all |
| 14 | | applicants for original appointment to an affected fire |
| 15 | | department shall be subject to examination and testing which |
| 16 | | shall be public, competitive, and open to all applicants |
| 17 | | unless the municipality shall by ordinance limit applicants to |
| 18 | | residents of the municipality, county or counties in which the |
| 19 | | municipality is located, State, or nation. Any examination and |
| 20 | | testing procedure utilized under subsection (e) of this |
| 21 | | Section shall be supported by appropriate validation evidence |
| 22 | | and shall comply with all applicable State and federal laws. |
| 23 | | Municipalities may establish educational, emergency medical |
| 24 | | service licensure, and other prerequisites for participation |
| 25 | | in an examination or for hire as a firefighter. Any |
| 26 | | municipality may charge a fee to cover the costs of the |
|
| | HB5501 | - 780 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | application process. |
| 2 | | Residency requirements in effect at the time an individual |
| 3 | | enters the fire service of a municipality cannot be made more |
| 4 | | restrictive for that individual during his or her period of |
| 5 | | service for that municipality, or be made a condition of |
| 6 | | promotion, except for the rank or position of fire chief and |
| 7 | | for no more than 2 positions that rank immediately below that |
| 8 | | of the chief rank which are appointed positions pursuant to |
| 9 | | the Fire Department Promotion Act. |
| 10 | | No person who is 35 years of age or older shall be eligible |
| 11 | | to take an examination for a position as a firefighter unless |
| 12 | | the person has had previous employment status as a firefighter |
| 13 | | in the regularly constituted fire department of the |
| 14 | | municipality, except as provided in this Section. The age |
| 15 | | limitation does not apply to: |
| 16 | | (1) any person previously employed as a full-time |
| 17 | | firefighter in a regularly constituted fire department of |
| 18 | | (i) any municipality or fire protection district located |
| 19 | | in Illinois, (ii) a fire protection district whose |
| 20 | | obligations were assumed by a municipality under Section |
| 21 | | 21 of the Fire Protection District Act, or (iii) a |
| 22 | | municipality whose obligations were taken over by a fire |
| 23 | | protection district, |
| 24 | | (2) any person who has served a municipality as a |
| 25 | | regularly enrolled volunteer, paid-on-call, or part-time |
| 26 | | firefighter, or |
|
| | HB5501 | - 781 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) any person who turned 35 while serving as a member |
| 2 | | of the active or reserve components of any of the branches |
| 3 | | of the Armed Forces of the United States or the National |
| 4 | | Guard of any state, whose service was characterized as |
| 5 | | honorable or under honorable, if separated from the |
| 6 | | military, and is currently under the age of 40. |
| 7 | | No person who is under 21 years of age shall be eligible |
| 8 | | for employment as a firefighter. |
| 9 | | No applicant shall be examined concerning his or her |
| 10 | | political or religious opinions or affiliations. The |
| 11 | | examinations shall be conducted by the commissioners of the |
| 12 | | municipality or their designees and agents. |
| 13 | | No municipality shall require that any firefighter |
| 14 | | appointed to the lowest rank serve a probationary employment |
| 15 | | period of longer than one year of actual active employment, |
| 16 | | which may exclude periods of training, or injury or illness |
| 17 | | leaves, including duty related leave, in excess of 30 calendar |
| 18 | | days. Notwithstanding anything to the contrary in this |
| 19 | | Section, the probationary employment period limitation may be |
| 20 | | extended for a firefighter who is required, as a condition of |
| 21 | | employment, to be a licensed paramedic, during which time the |
| 22 | | sole reason that a firefighter may be discharged without a |
| 23 | | hearing is for failing to meet the requirements for paramedic |
| 24 | | licensure. |
| 25 | | In the event that any applicant who has been found |
| 26 | | eligible for appointment and whose name has been placed upon |
|
| | HB5501 | - 782 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the final eligibility register provided for in this Division 1 |
| 2 | | has not been appointed to a firefighter position within one |
| 3 | | year after the date of his or her physical ability |
| 4 | | examination, the commission may cause a second examination to |
| 5 | | be made of that applicant's physical ability prior to his or |
| 6 | | her appointment. If, after the second examination, the |
| 7 | | physical ability of the applicant shall be found to be less |
| 8 | | than the minimum standard fixed by the rules of the |
| 9 | | commission, the applicant shall not be appointed. The |
| 10 | | applicant's name may be retained upon the register of |
| 11 | | candidates eligible for appointment and when next reached for |
| 12 | | certification and appointment that applicant may be again |
| 13 | | examined as provided in this Section, and if the physical |
| 14 | | ability of that applicant is found to be less than the minimum |
| 15 | | standard fixed by the rules of the commission, the applicant |
| 16 | | shall not be appointed, and the name of the applicant shall be |
| 17 | | removed from the register. |
| 18 | | (d) Notice, examination, and testing components. Notice of |
| 19 | | the time, place, general scope, merit criteria for any |
| 20 | | subjective component, and fee of every examination shall be |
| 21 | | given by the commission, by a publication at least 2 weeks |
| 22 | | preceding the examination: (i) in one or more newspapers |
| 23 | | published in the municipality, or if no newspaper is published |
| 24 | | therein, then in one or more newspapers with a general |
| 25 | | circulation within the municipality, or (ii) on the |
| 26 | | municipality's Internet website. Additional notice of the |
|
| | HB5501 | - 783 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | examination may be given as the commission shall prescribe. |
| 2 | | The examination and qualifying standards for employment of |
| 3 | | firefighters shall be based on: mental aptitude, physical |
| 4 | | ability, preferences, moral character, and health. The mental |
| 5 | | aptitude, physical ability, and preference components shall |
| 6 | | determine an applicant's qualification for and placement on |
| 7 | | the final register of eligibles. The examination may also |
| 8 | | include a subjective component based on merit criteria as |
| 9 | | determined by the commission. Scores from the examination must |
| 10 | | be made available to the public. |
| 11 | | (e) Mental aptitude. No person who does not possess at |
| 12 | | least a high school diploma or an equivalent high school |
| 13 | | education shall be placed on a register of eligibles. |
| 14 | | Examination of an applicant's mental aptitude shall be based |
| 15 | | upon a written examination. The examination shall be practical |
| 16 | | in character and relate to those matters that fairly test the |
| 17 | | capacity of the persons examined to discharge the duties |
| 18 | | performed by members of a fire department. Written |
| 19 | | examinations shall be administered in a manner that ensures |
| 20 | | the security and accuracy of the scores achieved. |
| 21 | | (f) Physical ability. All candidates shall be required to |
| 22 | | undergo an examination of their physical ability to perform |
| 23 | | the essential functions included in the duties they may be |
| 24 | | called upon to perform as a member of a fire department. For |
| 25 | | the purposes of this Section, essential functions of the job |
| 26 | | are functions associated with duties that a firefighter may be |
|
| | HB5501 | - 784 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | called upon to perform in response to emergency calls. The |
| 2 | | frequency of the occurrence of those duties as part of the fire |
| 3 | | department's regular routine shall not be a controlling factor |
| 4 | | in the design of examination criteria or evolutions selected |
| 5 | | for testing. These physical examinations shall be open, |
| 6 | | competitive, and based on industry standards designed to test |
| 7 | | each applicant's physical abilities in the following |
| 8 | | dimensions: |
| 9 | | (1) Muscular strength to perform tasks and evolutions |
| 10 | | that may be required in the performance of duties |
| 11 | | including grip strength, leg strength, and arm strength. |
| 12 | | Tests shall be conducted under anaerobic as well as |
| 13 | | aerobic conditions to test both the candidate's speed and |
| 14 | | endurance in performing tasks and evolutions. Tasks tested |
| 15 | | may be based on standards developed, or approved, by the |
| 16 | | local appointing authority. |
| 17 | | (2) The ability to climb ladders, operate from |
| 18 | | heights, walk or crawl in the dark along narrow and uneven |
| 19 | | surfaces, and operate in proximity to hazardous |
| 20 | | environments. |
| 21 | | (3) The ability to carry out critical, time-sensitive, |
| 22 | | and complex problem solving during physical exertion in |
| 23 | | stressful and hazardous environments. The testing |
| 24 | | environment may be hot and dark with tightly enclosed |
| 25 | | spaces, flashing lights, sirens, and other distractions. |
| 26 | | The tests utilized to measure each applicant's
|
|
| | HB5501 | - 785 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | capabilities in each of these dimensions may be tests based on
|
| 2 | | industry standards currently in use or equivalent tests |
| 3 | | approved by the Joint Labor-Management Committee of the Office |
| 4 | | of the State Fire Marshal. |
| 5 | | Physical ability examinations administered under this |
| 6 | | Section shall be conducted with a reasonable number of |
| 7 | | proctors and monitors, open to the public, and subject to |
| 8 | | reasonable regulations of the commission. |
| 9 | | (g) Scoring of examination components. Appointing |
| 10 | | authorities may create a preliminary eligibility register. A |
| 11 | | person shall be placed on the list based upon his or her |
| 12 | | passage of the written examination or the passage of the |
| 13 | | written examination and the physical ability component. |
| 14 | | Passage of the written examination means attaining the minimum |
| 15 | | score set by the commission. Minimum scores should be set by |
| 16 | | the commission so as to demonstrate a candidate's ability to |
| 17 | | perform the essential functions of the job. The minimum score |
| 18 | | set by the commission shall be supported by appropriate |
| 19 | | validation evidence and shall comply with all applicable State |
| 20 | | and federal laws. The appointing authority may conduct the |
| 21 | | physical ability component and any subjective components |
| 22 | | subsequent to the posting of the preliminary eligibility |
| 23 | | register. |
| 24 | | The examination components for an initial eligibility |
| 25 | | register shall be graded on a 100-point scale. A person's |
| 26 | | position on the list shall be determined by the following: (i)
|
|
| | HB5501 | - 786 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the person's score on the written examination, (ii) the person
|
| 2 | | successfully passing the physical ability component, and (iii) |
| 3 | | the
person's results on any subjective component as described |
| 4 | | in
subsection (d). |
| 5 | | In order to qualify for placement on the final eligibility |
| 6 | | register, an applicant's score on the written examination, |
| 7 | | before any applicable preference points or subjective points |
| 8 | | are applied, shall be at or above the minimum score set by the |
| 9 | | commission. The local appointing authority may prescribe the |
| 10 | | score to qualify for placement on the final eligibility |
| 11 | | register, but the score shall not be less than the minimum |
| 12 | | score set by the commission. |
| 13 | | The commission shall prepare and keep a register of |
| 14 | | persons whose total score is not less than the minimum score |
| 15 | | for passage and who have passed the physical ability |
| 16 | | examination. These persons shall take rank upon the register |
| 17 | | as candidates in the order of their relative excellence based |
| 18 | | on the highest to the lowest total points scored on the mental |
| 19 | | aptitude, subjective component, and preference components of |
| 20 | | the test administered in accordance with this Section. No more |
| 21 | | than 60 days after each examination, an initial eligibility |
| 22 | | list shall be posted by the commission. The list shall include |
| 23 | | the final grades of the candidates without reference to |
| 24 | | priority of the time of examination and subject to claim for |
| 25 | | preference credit. |
| 26 | | Commissions may conduct additional examinations, including |
|
| | HB5501 | - 787 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | without limitation a polygraph test, after a final eligibility |
| 2 | | register is established and before it expires with the |
| 3 | | candidates ranked by total score without regard to date of |
| 4 | | examination. No more than 60 days after each examination, an |
| 5 | | initial eligibility list shall be posted by the commission |
| 6 | | showing the final grades of the candidates without reference |
| 7 | | to priority of time of examination and subject to claim for |
| 8 | | preference credit. |
| 9 | | (h) Preferences. The following are preferences: |
| 10 | | (1) Veteran preference. Persons who were engaged in |
| 11 | | the military service of the United States for a period of |
| 12 | | at least one year of active duty and who were honorably |
| 13 | | discharged therefrom, or who are now or have been members |
| 14 | | on inactive or reserve duty in such military or naval |
| 15 | | service, shall be preferred for appointment to and |
| 16 | | employment with the fire department of an affected |
| 17 | | department. |
| 18 | | (2) Fire cadet preference. Persons who have |
| 19 | | successfully completed 2 years of study in fire techniques |
| 20 | | or cadet training within a cadet program established under |
| 21 | | the rules of the Joint Labor and Management Committee |
| 22 | | (JLMC), as defined in Section 50 of the Fire Department |
| 23 | | Promotion Act, may be preferred for appointment to and |
| 24 | | employment with the fire department. |
| 25 | | (3) Educational preference. Persons who have |
| 26 | | successfully obtained an associate's degree in the field |
|
| | HB5501 | - 788 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of fire service or emergency medical services, or a |
| 2 | | bachelor's degree from an accredited college or university |
| 3 | | may be preferred for appointment to and employment with |
| 4 | | the fire department. |
| 5 | | (4) Paramedic preference. Persons who have obtained a |
| 6 | | license as a paramedic may be preferred for appointment to |
| 7 | | and employment with the fire department of an affected |
| 8 | | department providing emergency medical services. |
| 9 | | (5) Experience preference. All persons employed by a |
| 10 | | municipality who have been paid-on-call or part-time |
| 11 | | certified Firefighter II, certified Firefighter III, State |
| 12 | | of Illinois or nationally licensed EMT, EMT-I, A-EMT, or |
| 13 | | paramedic, or any combination of those capacities may be |
| 14 | | awarded up to a maximum of 5 points. However, the |
| 15 | | applicant may not be awarded more than 0.5 points for each |
| 16 | | complete year of paid-on-call or part-time service. |
| 17 | | Applicants from outside the municipality who were employed |
| 18 | | as full-time firefighters or firefighter-paramedics by a |
| 19 | | fire protection district or another municipality may be |
| 20 | | awarded up to 5 experience preference points. However, the |
| 21 | | applicant may not be awarded more than one point for each |
| 22 | | complete year of full-time service. |
| 23 | | Upon request by the commission, the governing body of |
| 24 | | the municipality or in the case of applicants from outside |
| 25 | | the municipality the governing body of any fire protection |
| 26 | | district or any other municipality shall certify to the |
|
| | HB5501 | - 789 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | commission, within 10 days after the request, the number |
| 2 | | of years of successful paid-on-call, part-time, or |
| 3 | | full-time service of any person. A candidate may not |
| 4 | | receive the full amount of preference points under this |
| 5 | | subsection if the amount of points awarded would place the |
| 6 | | candidate before a veteran on the eligibility list. If |
| 7 | | more than one candidate receiving experience preference |
| 8 | | points is prevented from receiving all of their points due |
| 9 | | to not being allowed to pass a veteran, the candidates |
| 10 | | shall be placed on the list below the veteran in rank order |
| 11 | | based on the totals received if all points under this |
| 12 | | subsection were to be awarded. Any remaining ties on the |
| 13 | | list shall be determined by lot. |
| 14 | | (6) Residency preference. Applicants whose principal |
| 15 | | residence is located within the fire department's |
| 16 | | jurisdiction may be preferred for appointment to and |
| 17 | | employment with the fire department. |
| 18 | | (7) Additional preferences. Up to 5 additional |
| 19 | | preference points may be awarded for unique categories |
| 20 | | based on an applicant's experience or background as |
| 21 | | identified by the commission. |
| 22 | | (7.5) Apprentice preferences. A person who has |
| 23 | | performed fire suppression service for a department as a |
| 24 | | firefighter apprentice and otherwise meets the |
| 25 | | qualifications for original appointment as a firefighter |
| 26 | | specified in this Section may be awarded up to 20 |
|
| | HB5501 | - 790 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | preference points. To qualify for preference points, an |
| 2 | | applicant shall have completed a minimum of 600 hours of |
| 3 | | fire suppression work on a regular shift for the affected |
| 4 | | fire department over a 12-month period. The fire |
| 5 | | suppression work must be in accordance with Section |
| 6 | | 10-1-14 of this Division and the terms established by a |
| 7 | | Joint Apprenticeship Committee included in a collective |
| 8 | | bargaining agreement agreed between the employer and its |
| 9 | | certified bargaining agent. An eligible applicant must |
| 10 | | apply to the Joint Apprenticeship Committee for preference |
| 11 | | points under this item. The Joint Apprenticeship Committee |
| 12 | | shall evaluate the merit of the applicant's performance, |
| 13 | | determine the preference points to be awarded, and certify |
| 14 | | the amount of points awarded to the commissioners. The |
| 15 | | commissioners may add the certified preference points to |
| 16 | | the final grades achieved by the applicant on the other |
| 17 | | components of the examination. |
| 18 | | (8) Scoring of preferences. The commission shall give |
| 19 | | preference for original appointment to persons designated |
| 20 | | in item (1)
by adding to the final grade that they receive |
| 21 | | 5 points
for the recognized preference achieved. The |
| 22 | | commission may give preference for original appointment to |
| 23 | | persons designated in item (7.5) by adding to the final |
| 24 | | grade the amount of points designated by the Joint |
| 25 | | Apprenticeship Committee as defined in item (7.5). The |
| 26 | | commission shall determine the number of preference points |
|
| | HB5501 | - 791 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for each category, except items (1) and (7.5). The number |
| 2 | | of preference points for each category shall range from 0 |
| 3 | | to 5, except item (7.5). In determining the number of |
| 4 | | preference points, the commission shall prescribe that if |
| 5 | | a candidate earns the maximum number of preference points |
| 6 | | in all categories except item (7.5), that number may not |
| 7 | | be less than 10 nor more than 30. The commission shall give |
| 8 | | preference for original appointment to persons designated |
| 9 | | in items (2) through (7) by adding the requisite number of |
| 10 | | points to the final grade for each recognized preference |
| 11 | | achieved. The numerical result thus attained shall be |
| 12 | | applied by the commission in determining the final |
| 13 | | eligibility list and appointment from the eligibility |
| 14 | | list. The local appointing authority may prescribe the |
| 15 | | total number of preference points awarded under this |
| 16 | | Section, but the total number of preference points, except |
| 17 | | item (7.5), shall not be less than 10 points or more than |
| 18 | | 30 points. Apprentice preference points may be added in |
| 19 | | addition to other preference points awarded by the |
| 20 | | commission. |
| 21 | | No person entitled to any preference shall be required to |
| 22 | | claim the credit before any examination held under the |
| 23 | | provisions of this Section, but the preference shall be given |
| 24 | | after the posting or publication of the initial eligibility |
| 25 | | list or register at the request of a person entitled to a |
| 26 | | credit before any certification or appointments are made from |
|
| | HB5501 | - 792 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the eligibility register, upon the furnishing of verifiable |
| 2 | | evidence and proof of qualifying preference credit. Candidates |
| 3 | | who are eligible for preference credit shall make a claim in |
| 4 | | writing within 10 days after the posting of the initial |
| 5 | | eligibility list, or the claim shall be deemed waived. Final |
| 6 | | eligibility registers shall be established after the awarding |
| 7 | | of verified preference points. However, apprentice preference |
| 8 | | credit earned subsequent to the establishment of the final |
| 9 | | eligibility register may be applied to the applicant's score |
| 10 | | upon certification by the Joint Apprenticeship Committee to |
| 11 | | the commission and the rank order of candidates on the final |
| 12 | | eligibility register shall be adjusted accordingly. All |
| 13 | | employment shall be subject to the commission's initial hire |
| 14 | | background review, including, but not limited to, criminal |
| 15 | | history, employment history, moral character, oral |
| 16 | | examination, and medical and psychological examinations, all |
| 17 | | on a pass-fail basis. The medical and psychological |
| 18 | | examinations must be conducted last, and may only be performed |
| 19 | | after a conditional offer of employment has been extended. |
| 20 | | Any person placed on an eligibility list who exceeds the |
| 21 | | age requirement before being appointed to a fire department |
| 22 | | shall remain eligible for appointment until the list is |
| 23 | | abolished, or his or her name has been on the list for a period |
| 24 | | of 2 years. No person who has attained the age of 35 years |
| 25 | | shall be inducted into a fire department, except as otherwise |
| 26 | | provided in this Section. |
|
| | HB5501 | - 793 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The commission shall strike off the names of candidates |
| 2 | | for original appointment after the names have been on the list |
| 3 | | for more than 2 years. |
| 4 | | (i) Moral character. No person shall be appointed to a |
| 5 | | fire department unless he or she is a person of good character; |
| 6 | | not a habitual drunkard, a gambler, or a person who has been |
| 7 | | convicted of a felony or a crime involving moral turpitude. |
| 8 | | However, no person shall be disqualified from appointment to |
| 9 | | the fire department because of the person's record of |
| 10 | | misdemeanor convictions except those under Sections 11-6, |
| 11 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
| 12 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
| 13 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs |
| 14 | | (1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of |
| 15 | | Section 24-1 of the Criminal Code of 1961 or the Criminal Code |
| 16 | | of 2012, or arrest for any cause without conviction thereon. |
| 17 | | Any such person who is in the department may be removed on |
| 18 | | charges brought for violating this subsection and after a |
| 19 | | trial as hereinafter provided. |
| 20 | | A classifiable set of the fingerprints of every person who |
| 21 | | is offered employment as a certificated member of an affected |
| 22 | | fire department whether with or without compensation, shall be |
| 23 | | furnished to the Illinois State Police and to the Federal |
| 24 | | Bureau of Investigation by the commission. |
| 25 | | Whenever a commission is authorized or required by law to |
| 26 | | consider some aspect of criminal history record information |
|
| | HB5501 | - 794 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for the purpose of carrying out its statutory powers and |
| 2 | | responsibilities, then, upon request and payment of fees in |
| 3 | | conformance with the requirements of Section 2605-400 of the |
| 4 | | Illinois State Police Law of the Civil Administrative Code of |
| 5 | | Illinois, the Illinois State Police is authorized to furnish, |
| 6 | | pursuant to positive identification, the information contained |
| 7 | | in State files as is necessary to fulfill the request. |
| 8 | | (j) Temporary appointments. In order to prevent a stoppage |
| 9 | | of public business, to meet extraordinary exigencies, or to |
| 10 | | prevent material impairment of the fire department, the |
| 11 | | commission may make temporary appointments, to remain in force |
| 12 | | only until regular appointments are made under the provisions |
| 13 | | of this Division, but never to exceed 60 days. No temporary |
| 14 | | appointment of any one person shall be made more than twice in |
| 15 | | any calendar year. |
| 16 | | (k) A person who knowingly divulges or receives test |
| 17 | | questions or answers before a written examination, or |
| 18 | | otherwise knowingly violates or subverts any requirement of |
| 19 | | this Section, commits a violation of this Section and may be |
| 20 | | subject to charges for official misconduct. |
| 21 | | A person who is the knowing recipient of test information |
| 22 | | in advance of the examination shall be disqualified from the |
| 23 | | examination or discharged from the position to which he or she |
| 24 | | was appointed, as applicable, and otherwise subjected to |
| 25 | | disciplinary actions.
|
| 26 | | (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; |
|
| | HB5501 | - 795 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised |
| 2 | | 10-5-21.)
|
| 3 | | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
|
| 4 | | Sec. 10-2.1-6. Examination of applicants; |
| 5 | | disqualifications.
|
| 6 | | (a) All applicants for a position in either the fire or |
| 7 | | police department
of the municipality shall be under 35 years |
| 8 | | of age, shall be subject to an
examination that shall be |
| 9 | | public, competitive, and open to all applicants
(unless the |
| 10 | | council or board of trustees by ordinance limit applicants to
|
| 11 | | electors of the municipality, county, state or nation) and |
| 12 | | shall be subject to
reasonable limitations as to residence, |
| 13 | | health, habits, and moral character.
The municipality may not |
| 14 | | charge or collect any fee from an applicant who has
met all |
| 15 | | prequalification standards established by the municipality for |
| 16 | | any such
position. With respect to a police department, a |
| 17 | | veteran shall be allowed to exceed the maximum age provision |
| 18 | | of this Section by the number of years served on active |
| 19 | | military duty, but by no more than 10 years of active military |
| 20 | | duty.
|
| 21 | | (b) Residency requirements in effect at the time an |
| 22 | | individual enters the
fire or police service of a municipality |
| 23 | | (other than a municipality that
has more than 1,000,000 |
| 24 | | inhabitants) cannot be made more restrictive for
that |
| 25 | | individual during his period of service for that municipality, |
|
| | HB5501 | - 796 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or be
made a condition of promotion, except for the rank or |
| 2 | | position of Fire or
Police Chief.
|
| 3 | | (c) No person with a record of misdemeanor convictions |
| 4 | | except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, |
| 5 | | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, |
| 6 | | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
|
| 7 | | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions |
| 8 | | (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs |
| 9 | | subsections (1), (6), and (8) of subsection (a) of
Section |
| 10 | | 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, |
| 11 | | or arrested for any cause but not
convicted on that cause shall |
| 12 | | be disqualified from taking the examination to
qualify for a |
| 13 | | position in the fire department on grounds of habits or moral
|
| 14 | | character.
|
| 15 | | (d) The age limitation in subsection (a) does not apply |
| 16 | | (i) to any person
previously employed as a policeman or |
| 17 | | fireman in a regularly constituted police
or fire department |
| 18 | | of (I) any municipality, regardless of whether the |
| 19 | | municipality is located in Illinois or in another state, or |
| 20 | | (II) a fire protection district
whose obligations were assumed |
| 21 | | by a municipality under Section 21 of the Fire
Protection |
| 22 | | District Act, (ii) to any person who has served a municipality |
| 23 | | as a
regularly enrolled volunteer fireman for 5 years |
| 24 | | immediately preceding the time
that municipality begins to use |
| 25 | | full time firemen to provide all or part of its
fire protection |
| 26 | | service, or (iii) to any person who has served as an auxiliary |
|
| | HB5501 | - 797 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | police officer under Section 3.1-30-20 for at least 5 years |
| 2 | | and is under 40 years of
age, (iv) to any person who has served |
| 3 | | as a deputy under Section 3-6008 of
the Counties Code and |
| 4 | | otherwise meets necessary training requirements, or (v) to any |
| 5 | | person who has served as a sworn officer as a member of the |
| 6 | | Illinois State Police.
|
| 7 | | (e) Applicants who are 20 years of age and who have |
| 8 | | successfully completed 2
years of law enforcement studies at |
| 9 | | an accredited college or university may be
considered for |
| 10 | | appointment to active duty with the police department. An
|
| 11 | | applicant described in this subsection (e) who is appointed to |
| 12 | | active duty
shall not have power of arrest, nor shall the |
| 13 | | applicant be permitted to carry
firearms, until he or she |
| 14 | | reaches 21 years of age.
|
| 15 | | (f) Applicants who are 18 years of age and who have |
| 16 | | successfully
completed 2 years of study in fire techniques, |
| 17 | | amounting to a total of 4
high school credits, within the cadet |
| 18 | | program of a municipality may be
considered for appointment to |
| 19 | | active duty with the fire department of any
municipality.
|
| 20 | | (g) The council or board of trustees may by ordinance |
| 21 | | provide
that persons residing outside the municipality are |
| 22 | | eligible to take the
examination.
|
| 23 | | (h) The examinations shall be practical in character and |
| 24 | | relate to
those matters that will fairly test the capacity of |
| 25 | | the persons examined
to discharge the duties of the positions |
| 26 | | to which they seek appointment. No
person shall be appointed |
|
| | HB5501 | - 798 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to the police or fire department if he or she does
not possess |
| 2 | | a high school diploma or an equivalent high school education.
|
| 3 | | A board of fire and police commissioners may, by its rules, |
| 4 | | require police
applicants to have obtained an associate's |
| 5 | | degree or a bachelor's degree as a
prerequisite for |
| 6 | | employment. The
examinations shall include tests of physical |
| 7 | | qualifications and health. A board of fire and police |
| 8 | | commissioners may, by its rules, waive portions of the |
| 9 | | required examination for police applicants who have previously |
| 10 | | been full-time sworn officers of a regular police department |
| 11 | | in any municipal, county, university, or State law enforcement |
| 12 | | agency, provided they are certified by the Illinois Law |
| 13 | | Enforcement Training Standards Board and have been with their |
| 14 | | respective law enforcement agency within the State for at |
| 15 | | least 2 years. No
person shall be appointed to the police or |
| 16 | | fire department if he or she has
suffered the amputation of any |
| 17 | | limb unless the applicant's duties will be only
clerical or as |
| 18 | | a radio operator. No applicant shall be examined concerning |
| 19 | | his
or her political or religious opinions or affiliations. |
| 20 | | The examinations shall
be conducted by the board of fire and |
| 21 | | police commissioners of the municipality
as provided in this |
| 22 | | Division 2.1.
|
| 23 | | The requirement that a police applicant possess an |
| 24 | | associate's degree under this subsection may be waived if one |
| 25 | | or more of the following applies: (1) the applicant has served |
| 26 | | for 24 months of honorable active duty in the United States |
|
| | HB5501 | - 799 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Armed Forces and has not been discharged dishonorably or under |
| 2 | | circumstances other than honorable; (2) the applicant has |
| 3 | | served for 180 days of active duty in the United States Armed |
| 4 | | Forces in combat duty recognized by the Department of Defense |
| 5 | | and has not been discharged dishonorably or under |
| 6 | | circumstances other than honorable; or (3) the applicant has |
| 7 | | successfully received credit for a minimum of 60 credit hours |
| 8 | | toward a bachelor's degree from an accredited college or |
| 9 | | university. |
| 10 | | The requirement that a police applicant possess a |
| 11 | | bachelor's degree under this subsection may be waived if one |
| 12 | | or more of the following applies: (1) the applicant has served |
| 13 | | for 36 months of honorable active duty in the United States |
| 14 | | Armed Forces and has not been discharged dishonorably or under |
| 15 | | circumstances other than honorable or (2) the applicant has |
| 16 | | served for 180 days of active duty in the United States Armed |
| 17 | | Forces in combat duty recognized by the Department of Defense |
| 18 | | and has not been discharged dishonorably or under |
| 19 | | circumstances other than honorable. |
| 20 | | (i) No person who is classified by his local selective |
| 21 | | service draft board
as a conscientious objector, or who has |
| 22 | | ever been so classified, may be
appointed to the police |
| 23 | | department.
|
| 24 | | (j) No person shall be appointed to the police or fire |
| 25 | | department unless he
or she is a person of good character and |
| 26 | | not an habitual drunkard, gambler, or
a person who has been |
|
| | HB5501 | - 800 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | convicted of a felony or a crime involving moral
turpitude. No |
| 2 | | person, however, shall be disqualified from appointment to the
|
| 3 | | fire department because of his or her record of misdemeanor |
| 4 | | convictions except
those under Sections 11-1.50, 11-6, 11-7, |
| 5 | | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
|
| 6 | | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, |
| 7 | | 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, |
| 8 | | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and |
| 9 | | paragraphs subsections (1), (6), and (8) of subsection (a) of |
| 10 | | Section
24-1 of the Criminal Code of 1961 or the Criminal Code |
| 11 | | of 2012, or arrest for any cause without conviction on
that |
| 12 | | cause. Any such person who is in the department may be removed |
| 13 | | on charges
brought and after a trial as provided in this |
| 14 | | Division 2.1.
|
| 15 | | (Source: P.A. 102-538, eff. 8-20-21; revised 12-3-21.)
|
| 16 | | (65 ILCS 5/10-2.1-6.3) |
| 17 | | Sec. 10-2.1-6.3. Original appointments; full-time fire |
| 18 | | department. |
| 19 | | (a) Applicability. Unless a commission elects to follow |
| 20 | | the provisions of Section 10-2.1-6.4, this Section shall apply |
| 21 | | to all original appointments to an affected full-time fire |
| 22 | | department. Existing registers of eligibles shall continue to |
| 23 | | be valid until their expiration dates, or up to a maximum of 2 |
| 24 | | years after August 4, 2011 (the effective date of Public Act |
| 25 | | 97-251). |
|
| | HB5501 | - 801 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Notwithstanding any statute, ordinance, rule, or other law |
| 2 | | to the contrary, all original appointments to an affected |
| 3 | | department to which this Section applies shall be administered |
| 4 | | in the manner provided for in this Section. Provisions of the |
| 5 | | Illinois Municipal Code, municipal ordinances, and rules |
| 6 | | adopted pursuant to such authority and other laws relating to |
| 7 | | initial hiring of firefighters in affected departments shall |
| 8 | | continue to apply to the extent they are compatible with this |
| 9 | | Section, but in the event of a conflict between this Section |
| 10 | | and any other law, this Section shall control. |
| 11 | | A home rule or non-home rule municipality may not |
| 12 | | administer its fire department process for original |
| 13 | | appointments in a manner that is less stringent than this |
| 14 | | Section. This Section is a limitation under subsection (i) of |
| 15 | | Section 6 of Article VII of the Illinois Constitution on the |
| 16 | | concurrent exercise by home rule units of the powers and |
| 17 | | functions exercised by the State. |
| 18 | | A municipality that is operating under a court order or |
| 19 | | consent decree regarding original appointments to a full-time |
| 20 | | fire department before August 4, 2011 (the effective date of |
| 21 | | Public Act 97-251) is exempt from the requirements of this |
| 22 | | Section for the duration of the court order or consent decree. |
| 23 | | Notwithstanding any other provision of this subsection |
| 24 | | (a), this Section does not apply to a municipality with more |
| 25 | | than 1,000,000 inhabitants. |
| 26 | | (b) Original appointments. All original appointments made |
|
| | HB5501 | - 802 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to an affected fire department shall be made from a register of |
| 2 | | eligibles established in accordance with the processes |
| 3 | | established by this Section. Only persons who meet or exceed |
| 4 | | the performance standards required by this Section shall be |
| 5 | | placed on a register of eligibles for original appointment to |
| 6 | | an affected fire department. |
| 7 | | Whenever an appointing authority authorizes action to hire |
| 8 | | a person to perform the duties of a firefighter or to hire a |
| 9 | | firefighter-paramedic to fill a position that is a new |
| 10 | | position or vacancy due to resignation, discharge, promotion, |
| 11 | | death, the granting of a disability or retirement pension, or |
| 12 | | any other cause, the appointing authority shall appoint to |
| 13 | | that position the person with the highest ranking on the final |
| 14 | | eligibility list. If the appointing authority has reason to |
| 15 | | conclude that the highest ranked person fails to meet the |
| 16 | | minimum standards for the position or if the appointing |
| 17 | | authority believes an alternate candidate would better serve |
| 18 | | the needs of the department, then the appointing authority has |
| 19 | | the right to pass over the highest ranked person and appoint |
| 20 | | either: (i) any person who has a ranking in the top 5% of the |
| 21 | | register of eligibles or (ii) any person who is among the top 5 |
| 22 | | highest ranked persons on the list of eligibles if the number |
| 23 | | of people who have a ranking in the top 5% of the register of |
| 24 | | eligibles is less than 5 people. |
| 25 | | Any candidate may pass on an appointment once without |
| 26 | | losing his or her position on the register of eligibles. Any |
|
| | HB5501 | - 803 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | candidate who passes a second time may be removed from the list |
| 2 | | by the appointing authority provided that such action shall |
| 3 | | not prejudice a person's opportunities to participate in |
| 4 | | future examinations, including an examination held during the |
| 5 | | time a candidate is already on the municipality's register of |
| 6 | | eligibles. |
| 7 | | The sole authority to issue certificates of appointment |
| 8 | | shall be vested in the board of fire and police commissioners. |
| 9 | | All certificates of appointment issued to any officer or |
| 10 | | member of an affected department shall be signed by the |
| 11 | | chairperson and secretary, respectively, of the board upon |
| 12 | | appointment of such officer or member to the affected |
| 13 | | department by action of the board. After being selected from |
| 14 | | the register of eligibles to fill a vacancy in the affected |
| 15 | | department, each appointee shall be presented with his or her |
| 16 | | certificate of appointment on the day on which he or she is |
| 17 | | sworn in as a classified member of the affected department. |
| 18 | | Firefighters who were not issued a certificate of appointment |
| 19 | | when originally appointed shall be provided with a certificate |
| 20 | | within 10 days after making a written request to the |
| 21 | | chairperson of the board of fire and police commissioners. |
| 22 | | Each person who accepts a certificate of appointment and |
| 23 | | successfully completes his or her probationary period shall be |
| 24 | | enrolled as a firefighter and as a regular member of the fire |
| 25 | | department. |
| 26 | | For the purposes of this Section, "firefighter" means any |
|
| | HB5501 | - 804 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | person who has been prior to, on, or after August 4, 2011 (the |
| 2 | | effective date of Public Act 97-251) appointed to a fire |
| 3 | | department or fire protection district or employed by a State |
| 4 | | university and sworn or commissioned to perform firefighter |
| 5 | | duties or paramedic duties, or both, except that the following |
| 6 | | persons are not included: part-time firefighters; auxiliary, |
| 7 | | reserve, or voluntary firefighters, including paid-on-call |
| 8 | | firefighters; clerks and dispatchers or other civilian |
| 9 | | employees of a fire department or fire protection district who |
| 10 | | are not routinely expected to perform firefighter duties; and |
| 11 | | elected officials. |
| 12 | | (c) Qualification for placement on register of eligibles. |
| 13 | | The purpose of establishing a register of eligibles is to |
| 14 | | identify applicants who possess and demonstrate the mental |
| 15 | | aptitude and physical ability to perform the duties required |
| 16 | | of members of the fire department in order to provide the |
| 17 | | highest quality of service to the public. To this end, all |
| 18 | | applicants for original appointment to an affected fire |
| 19 | | department shall be subject to examination and testing which |
| 20 | | shall be public, competitive, and open to all applicants |
| 21 | | unless the municipality shall by ordinance limit applicants to |
| 22 | | residents of the municipality, county or counties in which the |
| 23 | | municipality is located, State, or nation. Any examination and |
| 24 | | testing procedure utilized under subsection (e) of this |
| 25 | | Section shall be supported by appropriate validation evidence |
| 26 | | and shall comply with all applicable State and federal laws. |
|
| | HB5501 | - 805 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Municipalities may establish educational, emergency medical |
| 2 | | service licensure, and other prerequisites for participation |
| 3 | | in an examination or for hire as a firefighter. Any |
| 4 | | municipality may charge a fee to cover the costs of the |
| 5 | | application process. |
| 6 | | Residency requirements in effect at the time an individual |
| 7 | | enters the fire service of a municipality cannot be made more |
| 8 | | restrictive for that individual during his or her period of |
| 9 | | service for that municipality, or be made a condition of |
| 10 | | promotion, except for the rank or position of fire chief and |
| 11 | | for no more than 2 positions that rank immediately below that |
| 12 | | of the chief rank which are appointed positions pursuant to |
| 13 | | the Fire Department Promotion Act. |
| 14 | | No person who is 35 years of age or older shall be eligible |
| 15 | | to take an examination for a position as a firefighter unless |
| 16 | | the person has had previous employment status as a firefighter |
| 17 | | in the regularly constituted fire department of the |
| 18 | | municipality, except as provided in this Section. The age |
| 19 | | limitation does not apply to: |
| 20 | | (1) any person previously employed as a full-time |
| 21 | | firefighter in a regularly constituted fire department of |
| 22 | | (i) any municipality or fire protection district located |
| 23 | | in Illinois, (ii) a fire protection district whose |
| 24 | | obligations were assumed by a municipality under Section |
| 25 | | 21 of the Fire Protection District Act, or (iii) a |
| 26 | | municipality whose obligations were taken over by a fire |
|
| | HB5501 | - 806 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | protection district, |
| 2 | | (2) any person who has served a municipality as a |
| 3 | | regularly enrolled volunteer, paid-on-call, or part-time |
| 4 | | firefighter, or |
| 5 | | (3) any person who turned 35 while serving as a member |
| 6 | | of the active or reserve components of any of the branches |
| 7 | | of the Armed Forces of the United States or the National |
| 8 | | Guard of any state, whose service was characterized as |
| 9 | | honorable or under honorable, if separated from the |
| 10 | | military, and is currently under the age of 40. |
| 11 | | No person who is under 21 years of age shall be eligible |
| 12 | | for employment as a firefighter. |
| 13 | | No applicant shall be examined concerning his or her |
| 14 | | political or religious opinions or affiliations. The |
| 15 | | examinations shall be conducted by the commissioners of the |
| 16 | | municipality or their designees and agents. |
| 17 | | No municipality shall require that any firefighter |
| 18 | | appointed to the lowest rank serve a probationary employment |
| 19 | | period of longer than one year of actual active employment, |
| 20 | | which may exclude periods of training, or injury or illness |
| 21 | | leaves, including duty related leave, in excess of 30 calendar |
| 22 | | days. Notwithstanding anything to the contrary in this |
| 23 | | Section, the probationary employment period limitation may be |
| 24 | | extended for a firefighter who is required, as a condition of |
| 25 | | employment, to be a licensed paramedic, during which time the |
| 26 | | sole reason that a firefighter may be discharged without a |
|
| | HB5501 | - 807 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | hearing is for failing to meet the requirements for paramedic |
| 2 | | licensure. |
| 3 | | In the event that any applicant who has been found |
| 4 | | eligible for appointment and whose name has been placed upon |
| 5 | | the final eligibility register provided for in this Section |
| 6 | | has not been appointed to a firefighter position within one |
| 7 | | year after the date of his or her physical ability |
| 8 | | examination, the commission may cause a second examination to |
| 9 | | be made of that applicant's physical ability prior to his or |
| 10 | | her appointment. If, after the second examination, the |
| 11 | | physical ability of the applicant shall be found to be less |
| 12 | | than the minimum standard fixed by the rules of the |
| 13 | | commission, the applicant shall not be appointed. The |
| 14 | | applicant's name may be retained upon the register of |
| 15 | | candidates eligible for appointment and when next reached for |
| 16 | | certification and appointment that applicant may be again |
| 17 | | examined as provided in this Section, and if the physical |
| 18 | | ability of that applicant is found to be less than the minimum |
| 19 | | standard fixed by the rules of the commission, the applicant |
| 20 | | shall not be appointed, and the name of the applicant shall be |
| 21 | | removed from the register. |
| 22 | | (d) Notice, examination, and testing components. Notice of |
| 23 | | the time, place, general scope, merit criteria for any |
| 24 | | subjective component, and fee of every examination shall be |
| 25 | | given by the commission, by a publication at least 2 weeks |
| 26 | | preceding the examination: (i) in one or more newspapers |
|
| | HB5501 | - 808 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | published in the municipality, or if no newspaper is published |
| 2 | | therein, then in one or more newspapers with a general |
| 3 | | circulation within the municipality, or (ii) on the |
| 4 | | municipality's Internet website. Additional notice of the |
| 5 | | examination may be given as the commission shall prescribe. |
| 6 | | The examination and qualifying standards for employment of |
| 7 | | firefighters shall be based on: mental aptitude, physical |
| 8 | | ability, preferences, moral character, and health. The mental |
| 9 | | aptitude, physical ability, and preference components shall |
| 10 | | determine an applicant's qualification for and placement on |
| 11 | | the final register of eligibles. The examination may also |
| 12 | | include a subjective component based on merit criteria as |
| 13 | | determined by the commission. Scores from the examination must |
| 14 | | be made available to the public. |
| 15 | | (e) Mental aptitude. No person who does not possess at |
| 16 | | least a high school diploma or an equivalent high school |
| 17 | | education shall be placed on a register of eligibles. |
| 18 | | Examination of an applicant's mental aptitude shall be based |
| 19 | | upon a written examination. The examination shall be practical |
| 20 | | in character and relate to those matters that fairly test the |
| 21 | | capacity of the persons examined to discharge the duties |
| 22 | | performed by members of a fire department. Written |
| 23 | | examinations shall be administered in a manner that ensures |
| 24 | | the security and accuracy of the scores achieved. |
| 25 | | (f) Physical ability. All candidates shall be required to |
| 26 | | undergo an examination of their physical ability to perform |
|
| | HB5501 | - 809 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the essential functions included in the duties they may be |
| 2 | | called upon to perform as a member of a fire department. For |
| 3 | | the purposes of this Section, essential functions of the job |
| 4 | | are functions associated with duties that a firefighter may be |
| 5 | | called upon to perform in response to emergency calls. The |
| 6 | | frequency of the occurrence of those duties as part of the fire |
| 7 | | department's regular routine shall not be a controlling factor |
| 8 | | in the design of examination criteria or evolutions selected |
| 9 | | for testing. These physical examinations shall be open, |
| 10 | | competitive, and based on industry standards designed to test |
| 11 | | each applicant's physical abilities in the following |
| 12 | | dimensions: |
| 13 | | (1) Muscular strength to perform tasks and evolutions |
| 14 | | that may be required in the performance of duties |
| 15 | | including grip strength, leg strength, and arm strength. |
| 16 | | Tests shall be conducted under anaerobic as well as |
| 17 | | aerobic conditions to test both the candidate's speed and |
| 18 | | endurance in performing tasks and evolutions. Tasks tested |
| 19 | | may be based on standards developed, or approved, by the |
| 20 | | local appointing authority. |
| 21 | | (2) The ability to climb ladders, operate from |
| 22 | | heights, walk or crawl in the dark along narrow and uneven |
| 23 | | surfaces, and operate in proximity to hazardous |
| 24 | | environments. |
| 25 | | (3) The ability to carry out critical, time-sensitive, |
| 26 | | and complex problem solving during physical exertion in |
|
| | HB5501 | - 810 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | stressful and hazardous environments. The testing |
| 2 | | environment may be hot and dark with tightly enclosed |
| 3 | | spaces, flashing lights, sirens, and other distractions. |
| 4 | | The tests utilized to measure each applicant's
|
| 5 | | capabilities in each of these dimensions may be tests based on
|
| 6 | | industry standards currently in use or equivalent tests |
| 7 | | approved by the Joint Labor-Management Committee of the Office |
| 8 | | of the State Fire Marshal. |
| 9 | | Physical ability examinations administered under this |
| 10 | | Section shall be conducted with a reasonable number of |
| 11 | | proctors and monitors, open to the public, and subject to |
| 12 | | reasonable regulations of the commission. |
| 13 | | (g) Scoring of examination components. Appointing |
| 14 | | authorities may create a preliminary eligibility register. A |
| 15 | | person shall be placed on the list based upon his or her |
| 16 | | passage of the written examination or the passage of the |
| 17 | | written examination and the physical ability component. |
| 18 | | Passage of the written examination means attaining the minimum |
| 19 | | score set by the commission. Minimum scores should be set by |
| 20 | | the commission so as to demonstrate a candidate's ability to |
| 21 | | perform the essential functions of the job. The minimum score |
| 22 | | set by the commission shall be supported by appropriate |
| 23 | | validation evidence and shall comply with all applicable State |
| 24 | | and federal laws. The appointing authority may conduct the |
| 25 | | physical ability component and any subjective components |
| 26 | | subsequent to the posting of the preliminary eligibility |
|
| | HB5501 | - 811 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | register. |
| 2 | | The examination components for an initial eligibility |
| 3 | | register shall be graded on a 100-point scale. A person's |
| 4 | | position on the list shall be determined by the following: (i)
|
| 5 | | the person's score on the written examination, (ii) the person
|
| 6 | | successfully passing the physical ability component, and (iii) |
| 7 | | the
person's results on any subjective component as described |
| 8 | | in
subsection (d). |
| 9 | | In order to qualify for placement on the final eligibility |
| 10 | | register, an applicant's score on the written examination, |
| 11 | | before any applicable preference points or subjective points |
| 12 | | are applied, shall be at or above the minimum score as set by |
| 13 | | the commission. The local appointing authority may prescribe |
| 14 | | the score to qualify for placement on the final eligibility |
| 15 | | register, but the score shall not be less than the minimum |
| 16 | | score set by the commission. |
| 17 | | The commission shall prepare and keep a register of |
| 18 | | persons whose total score is not less than the minimum score |
| 19 | | for passage and who have passed the physical ability |
| 20 | | examination. These persons shall take rank upon the register |
| 21 | | as candidates in the order of their relative excellence based |
| 22 | | on the highest to the lowest total points scored on the mental |
| 23 | | aptitude, subjective component, and preference components of |
| 24 | | the test administered in accordance with this Section. No more |
| 25 | | than 60 days after each examination, an initial eligibility |
| 26 | | list shall be posted by the commission. The list shall include |
|
| | HB5501 | - 812 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the final grades of the candidates without reference to |
| 2 | | priority of the time of examination and subject to claim for |
| 3 | | preference credit. |
| 4 | | Commissions may conduct additional examinations, including |
| 5 | | without limitation a polygraph test, after a final eligibility |
| 6 | | register is established and before it expires with the |
| 7 | | candidates ranked by total score without regard to date of |
| 8 | | examination. No more than 60 days after each examination, an |
| 9 | | initial eligibility list shall be posted by the commission |
| 10 | | showing the final grades of the candidates without reference |
| 11 | | to priority of time of examination and subject to claim for |
| 12 | | preference credit. |
| 13 | | (h) Preferences. The following are preferences: |
| 14 | | (1) Veteran preference. Persons who were engaged in |
| 15 | | the military service of the United States for a period of |
| 16 | | at least one year of active duty and who were honorably |
| 17 | | discharged therefrom, or who are now or have been members |
| 18 | | on inactive or reserve duty in such military or naval |
| 19 | | service, shall be preferred for appointment to and |
| 20 | | employment with the fire department of an affected |
| 21 | | department. |
| 22 | | (2) Fire cadet preference. Persons who have |
| 23 | | successfully completed 2 years of study in fire techniques |
| 24 | | or cadet training within a cadet program established under |
| 25 | | the rules of the Joint Labor and Management Committee |
| 26 | | (JLMC), as defined in Section 50 of the Fire Department |
|
| | HB5501 | - 813 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Promotion Act, may be preferred for appointment to and |
| 2 | | employment with the fire department. |
| 3 | | (3) Educational preference. Persons who have |
| 4 | | successfully obtained an associate's degree in the field |
| 5 | | of fire service or emergency medical services, or a |
| 6 | | bachelor's degree from an accredited college or university |
| 7 | | may be preferred for appointment to and employment with |
| 8 | | the fire department. |
| 9 | | (4) Paramedic preference. Persons who have obtained a |
| 10 | | license as a paramedic shall be preferred for appointment |
| 11 | | to and employment with the fire department of an affected |
| 12 | | department providing emergency medical services. |
| 13 | | (5) Experience preference. All persons employed by a |
| 14 | | municipality who have been paid-on-call or part-time |
| 15 | | certified Firefighter II, State of Illinois or nationally |
| 16 | | licensed EMT, EMT-I, A-EMT, or any combination of those |
| 17 | | capacities shall be awarded 0.5 point for each year of |
| 18 | | successful service in one or more of those capacities, up |
| 19 | | to a maximum of 5 points. Certified Firefighter III and |
| 20 | | State of Illinois or nationally licensed paramedics shall |
| 21 | | be awarded one point per year up to a maximum of 5 points. |
| 22 | | Applicants from outside the municipality who were employed |
| 23 | | as full-time firefighters or firefighter-paramedics by a |
| 24 | | fire protection district or another municipality for at |
| 25 | | least 2 years shall be awarded 5 experience preference |
| 26 | | points. These additional points presuppose a rating scale |
|
| | HB5501 | - 814 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | totaling 100 points available for the eligibility list. If |
| 2 | | more or fewer points are used in the rating scale for the |
| 3 | | eligibility list, the points awarded under this subsection |
| 4 | | shall be increased or decreased by a factor equal to the |
| 5 | | total possible points available for the examination |
| 6 | | divided by 100. |
| 7 | | Upon request by the commission, the governing body of |
| 8 | | the municipality or in the case of applicants from outside |
| 9 | | the municipality the governing body of any fire protection |
| 10 | | district or any other municipality shall certify to the |
| 11 | | commission, within 10 days after the request, the number |
| 12 | | of years of successful paid-on-call, part-time, or |
| 13 | | full-time service of any person. A candidate may not |
| 14 | | receive the full amount of preference points under this |
| 15 | | subsection if the amount of points awarded would place the |
| 16 | | candidate before a veteran on the eligibility list. If |
| 17 | | more than one candidate receiving experience preference |
| 18 | | points is prevented from receiving all of their points due |
| 19 | | to not being allowed to pass a veteran, the candidates |
| 20 | | shall be placed on the list below the veteran in rank order |
| 21 | | based on the totals received if all points under this |
| 22 | | subsection were to be awarded. Any remaining ties on the |
| 23 | | list shall be determined by lot. |
| 24 | | (6) Residency preference. Applicants whose principal |
| 25 | | residence is located within the fire department's |
| 26 | | jurisdiction shall be preferred for appointment to and |
|
| | HB5501 | - 815 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | employment with the fire department. |
| 2 | | (7) Additional preferences. Up to 5 additional |
| 3 | | preference points may be awarded for unique categories |
| 4 | | based on an applicant's experience or background as |
| 5 | | identified by the commission. |
| 6 | | (7.5) Apprentice preferences. A person who has |
| 7 | | performed fire suppression service for a department as a |
| 8 | | firefighter apprentice and otherwise meets the |
| 9 | | qualifications for original appointment as a firefighter |
| 10 | | specified in this Section is eligible to be awarded up to |
| 11 | | 20 preference points. To qualify for preference points, an |
| 12 | | applicant shall have completed a minimum of 600 hours of |
| 13 | | fire suppression work on a regular shift for the affected |
| 14 | | fire department over a 12-month period. The fire |
| 15 | | suppression work must be in accordance with Section |
| 16 | | 10-2.1-4 of this Division and the terms established by a |
| 17 | | Joint Apprenticeship Committee included in a collective |
| 18 | | bargaining agreement agreed between the employer and its |
| 19 | | certified bargaining agent. An eligible applicant must |
| 20 | | apply to the Joint Apprenticeship Committee for preference |
| 21 | | points under this item. The Joint Apprenticeship Committee |
| 22 | | shall evaluate the merit of the applicant's performance, |
| 23 | | determine the preference points to be awarded, and certify |
| 24 | | the amount of points awarded to the commissioners. The |
| 25 | | commissioners may add the certified preference points to |
| 26 | | the final grades achieved by the applicant on the other |
|
| | HB5501 | - 816 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | components of the examination. |
| 2 | | (8) Scoring of preferences. The commission may give |
| 3 | | preference for original appointment
to persons designated |
| 4 | | in item (1)
by adding to the final grade that they receive |
| 5 | | 5 points
for the recognized preference achieved. The |
| 6 | | commission may give preference for original appointment to |
| 7 | | persons designated in item (7.5) by adding to the final |
| 8 | | grade the amount of points designated by the Joint |
| 9 | | Apprenticeship Committee as defined in item (7.5). The |
| 10 | | commission shall determine the number of preference points |
| 11 | | for each category, except items (1) and (7.5). The number |
| 12 | | of preference points for each category shall range from 0 |
| 13 | | to 5, except item (7.5). In determining the number of |
| 14 | | preference points, the commission shall prescribe that if |
| 15 | | a candidate earns the maximum number of preference points |
| 16 | | in all categories except item (7.5), that number may not |
| 17 | | be less than 10 nor more than 30. The commission shall give |
| 18 | | preference for original appointment to persons designated |
| 19 | | in items (2) through (7) by adding the requisite number of |
| 20 | | points to the final grade for each recognized preference |
| 21 | | achieved. The numerical result thus attained shall be |
| 22 | | applied by the commission in determining the final |
| 23 | | eligibility list and appointment from the eligibility |
| 24 | | list. The local appointing authority may prescribe the |
| 25 | | total number of preference points awarded under this |
| 26 | | Section, but the total number of preference points, except |
|
| | HB5501 | - 817 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | item (7.5), shall not be less than 10 points or more than |
| 2 | | 30 points. Apprentice preference points may be added in |
| 3 | | addition to other preference points awarded by the |
| 4 | | commission. |
| 5 | | No person entitled to any preference shall be required to |
| 6 | | claim the credit before any examination held under the |
| 7 | | provisions of this Section, but the preference may be given |
| 8 | | after the posting or publication of the initial eligibility |
| 9 | | list or register at the request of a person entitled to a |
| 10 | | credit before any certification or appointments are made from |
| 11 | | the eligibility register, upon the furnishing of verifiable |
| 12 | | evidence and proof of qualifying preference credit. Candidates |
| 13 | | who are eligible for preference credit may make a claim in |
| 14 | | writing within 10 days after the posting of the initial |
| 15 | | eligibility list, or the claim may be deemed waived. Final |
| 16 | | eligibility registers may be established after the awarding of |
| 17 | | verified preference points. However, apprentice preference |
| 18 | | credit earned subsequent to the establishment of the final |
| 19 | | eligibility register may be applied to the applicant's score |
| 20 | | upon certification by the Joint Apprenticeship Committee to |
| 21 | | the commission and the rank order of candidates on the final |
| 22 | | eligibility register shall be adjusted accordingly. All |
| 23 | | employment shall be subject to the commission's initial hire |
| 24 | | background review, including, but not limited to, criminal |
| 25 | | history, employment history, moral character, oral |
| 26 | | examination, and medical and psychological examinations, all |
|
| | HB5501 | - 818 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | on a pass-fail basis. The medical and psychological |
| 2 | | examinations must be conducted last, and may only be performed |
| 3 | | after a conditional offer of employment has been extended. |
| 4 | | Any person placed on an eligibility list who exceeds the |
| 5 | | age requirement before being appointed to a fire department |
| 6 | | shall remain eligible for appointment until the list is |
| 7 | | abolished, or his or her name has been on the list for a period |
| 8 | | of 2 years. No person who has attained the age of 35 years |
| 9 | | shall be inducted into a fire department, except as otherwise |
| 10 | | provided in this Section. |
| 11 | | The commission shall strike off the names of candidates |
| 12 | | for original appointment after the names have been on the list |
| 13 | | for more than 2 years. |
| 14 | | (i) Moral character. No person shall be appointed to a |
| 15 | | fire department unless he or she is a person of good character; |
| 16 | | not a habitual drunkard, a gambler, or a person who has been |
| 17 | | convicted of a felony or a crime involving moral turpitude. |
| 18 | | However, no person shall be disqualified from appointment to |
| 19 | | the fire department because of the person's record of |
| 20 | | misdemeanor convictions except those under Sections 11-6, |
| 21 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
| 22 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
| 23 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs |
| 24 | | (1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of |
| 25 | | Section 24-1 of the Criminal Code of 1961 or the Criminal Code |
| 26 | | of 2012, or arrest for any cause without conviction thereon. |
|
| | HB5501 | - 819 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Any such person who is in the department may be removed on |
| 2 | | charges brought for violating this subsection and after a |
| 3 | | trial as hereinafter provided. |
| 4 | | A classifiable set of the fingerprints of every person who |
| 5 | | is offered employment as a certificated member of an affected |
| 6 | | fire department whether with or without compensation, shall be |
| 7 | | furnished to the Illinois State Police and to the Federal |
| 8 | | Bureau of Investigation by the commission. |
| 9 | | Whenever a commission is authorized or required by law to |
| 10 | | consider some aspect of criminal history record information |
| 11 | | for the purpose of carrying out its statutory powers and |
| 12 | | responsibilities, then, upon request and payment of fees in |
| 13 | | conformance with the requirements of Section 2605-400 of the |
| 14 | | Illinois State Police Law of the Civil Administrative Code of |
| 15 | | Illinois, the Illinois State Police is authorized to furnish, |
| 16 | | pursuant to positive identification, the information contained |
| 17 | | in State files as is necessary to fulfill the request. |
| 18 | | (j) Temporary appointments. In order to prevent a stoppage |
| 19 | | of public business, to meet extraordinary exigencies, or to |
| 20 | | prevent material impairment of the fire department, the |
| 21 | | commission may make temporary appointments, to remain in force |
| 22 | | only until regular appointments are made under the provisions |
| 23 | | of this Division, but never to exceed 60 days. No temporary |
| 24 | | appointment of any one person shall be made more than twice in |
| 25 | | any calendar year. |
| 26 | | (k) A person who knowingly divulges or receives test |
|
| | HB5501 | - 820 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | questions or answers before a written examination, or |
| 2 | | otherwise knowingly violates or subverts any requirement of |
| 3 | | this Section, commits a violation of this Section and may be |
| 4 | | subject to charges for official misconduct. |
| 5 | | A person who is the knowing recipient of test information |
| 6 | | in advance of the examination shall be disqualified from the |
| 7 | | examination or discharged from the position to which he or she |
| 8 | | was appointed, as applicable, and otherwise subjected to |
| 9 | | disciplinary actions.
|
| 10 | | (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; |
| 11 | | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised |
| 12 | | 10-5-21.)
|
| 13 | | (65 ILCS 5/10-4-2.3)
|
| 14 | | Sec. 10-4-2.3. Required health benefits. If a |
| 15 | | municipality, including a
home rule municipality, is a |
| 16 | | self-insurer for purposes of providing health
insurance |
| 17 | | coverage for its employees, the coverage shall include |
| 18 | | coverage for
the post-mastectomy care benefits required to be |
| 19 | | covered by a policy of
accident and health insurance under |
| 20 | | Section 356t and the coverage required
under Sections 356g, |
| 21 | | 356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.6, 356z.8, |
| 22 | | 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, |
| 23 | | 356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, |
| 24 | | 356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, |
| 25 | | 356z.48, and 356z.51 and 356z.43 of the Illinois
Insurance
|
|
| | HB5501 | - 821 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Code. The coverage shall comply with Sections 155.22a, 355b, |
| 2 | | 356z.19, and 370c of
the Illinois Insurance Code. The |
| 3 | | Department of Insurance shall enforce the requirements of this |
| 4 | | Section. The requirement that health
benefits be covered as |
| 5 | | provided in this is an exclusive power and function of
the |
| 6 | | State and is a denial and limitation under Article VII, |
| 7 | | Section 6,
subsection (h) of the Illinois Constitution. A home |
| 8 | | rule municipality to which
this Section applies must comply |
| 9 | | with every provision of this Section.
|
| 10 | | Rulemaking authority to implement Public Act 95-1045, if |
| 11 | | any, is conditioned on the rules being adopted in accordance |
| 12 | | with all provisions of the Illinois Administrative Procedure |
| 13 | | Act and all rules and procedures of the Joint Committee on |
| 14 | | Administrative Rules; any purported rule not so adopted, for |
| 15 | | whatever reason, is unauthorized. |
| 16 | | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; |
| 17 | | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. |
| 18 | | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, |
| 19 | | eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22; |
| 20 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised |
| 21 | | 10-26-21.)
|
| 22 | | Section 300. The Revised Cities and Villages Act of 1941 |
| 23 | | is amended by changing Section 21-5.1 as follows:
|
| 24 | | (65 ILCS 20/21-5.1) (from Ch. 24, par. 21-5.1)
|
|
| | HB5501 | - 822 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 21-5.1. Vice Mayor; election; duties; compensation. |
| 2 | | Mayor - election - duties - compensation.) Following
election |
| 3 | | and qualification of alderpersons at a general election as |
| 4 | | provided
by Section 21-22 of this Act, the City Council shall |
| 5 | | elect, from among its
members, a Vice Mayor, to serve as |
| 6 | | interim Mayor of Chicago in the event
that a vacancy occurs in |
| 7 | | the office of Mayor or in the event that the Council
|
| 8 | | determines, by 3/5 vote, that the Mayor is under a permanent or |
| 9 | | protracted
disability caused by illness or injury which |
| 10 | | renders the Mayor unable to
serve. The Vice Mayor shall serve |
| 11 | | as interim Mayor. He will serve until
the City Council shall |
| 12 | | elect one of its members acting Mayor or until the
mayoral term |
| 13 | | expires.
|
| 14 | | The Vice Mayor shall receive no compensation as such, but |
| 15 | | shall receive
compensation as an alderperson even while |
| 16 | | serving as interim Mayor. While
serving as interim Mayor, the |
| 17 | | Vice Mayor shall possess all rights and powers
and shall |
| 18 | | perform the duties of Mayor.
|
| 19 | | (Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
|
| 20 | | Section 305. The Fire Protection District Act is amended |
| 21 | | by changing Sections 16.06 and 16.06b as follows:
|
| 22 | | (70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
|
| 23 | | Sec. 16.06. Eligibility for positions in fire department;
|
| 24 | | disqualifications. |
|
| | HB5501 | - 823 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a) All applicants for a position in the fire department |
| 2 | | of the
fire protection district shall be under 35 years of age |
| 3 | | and shall be
subjected to examination, which shall be public, |
| 4 | | competitive, and free to
all applicants, subject to reasonable |
| 5 | | limitations as to health, habits, and
moral character; |
| 6 | | provided that the foregoing age limitation shall not apply
in |
| 7 | | the case of any person having previous employment status as a |
| 8 | | fireman in a
regularly constituted fire department of any fire |
| 9 | | protection district, and
further provided that each fireman or |
| 10 | | fire chief who is a member in
good standing in a regularly |
| 11 | | constituted fire department of any municipality
which shall be |
| 12 | | or shall have subsequently been included within the boundaries
|
| 13 | | of any fire protection district now or hereafter organized |
| 14 | | shall be given
a preference for original appointment in the |
| 15 | | same class, grade or employment
over all other applicants. The |
| 16 | | examinations shall be practical in their
character and shall |
| 17 | | relate to those matters which will fairly test the persons
|
| 18 | | examined as to their relative capacity to discharge the duties |
| 19 | | of the positions
to which they seek appointment. The |
| 20 | | examinations shall include tests of
physical qualifications |
| 21 | | and health. No applicant, however, shall be examined
|
| 22 | | concerning his political or religious opinions or |
| 23 | | affiliations. The
examinations shall be conducted by the board |
| 24 | | of fire commissioners.
|
| 25 | | In any fire protection district that employs full-time |
| 26 | | firefighters and is subject to a collective bargaining |
|
| | HB5501 | - 824 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | agreement, a person who has not qualified for regular |
| 2 | | appointment under the provisions of this Section shall not be |
| 3 | | used as a temporary or permanent substitute for certificated |
| 4 | | members of a fire district's fire department or for regular |
| 5 | | appointment as a certificated member of a fire district's fire |
| 6 | | department unless mutually agreed to by the employee's |
| 7 | | certified bargaining agent. Such agreement shall be considered |
| 8 | | a permissive subject of bargaining. Fire protection districts |
| 9 | | covered by the changes made by Public Act 95-490 this |
| 10 | | amendatory Act of the 95th General Assembly that are using |
| 11 | | non-certificated employees as substitutes immediately prior to |
| 12 | | June 1, 2008 (the effective date of Public Act 95-490) this |
| 13 | | amendatory Act of the 95th General Assembly may, by mutual |
| 14 | | agreement with the certified bargaining agent, continue the |
| 15 | | existing practice or a modified practice and that agreement |
| 16 | | shall be considered a permissive subject of bargaining.
|
| 17 | | (b) No person shall be appointed to the fire department |
| 18 | | unless he or she is
a person of good character and not a person |
| 19 | | who has been convicted of a felony
in Illinois or convicted in |
| 20 | | another jurisdiction for conduct that would be a
felony under |
| 21 | | Illinois law, or convicted of a crime involving moral |
| 22 | | turpitude.
No person,
however, shall be disqualified from |
| 23 | | appointment to the fire department because
of his or her |
| 24 | | record of misdemeanor convictions, except those under Sections
|
| 25 | | 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, |
| 26 | | 11-30, 11-35, 12-2, 12-6, 12-15, 14-4,
16-1,
21.1-3, 24-3.1, |
|
| | HB5501 | - 825 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
|
| 2 | | 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section |
| 3 | | 11-14.3, and paragraphs subsections (1), (6), and (8) of |
| 4 | | subsection (a) of Section 24-1 of the Criminal
Code of 1961 or |
| 5 | | the Criminal Code of 2012.
|
| 6 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13; |
| 7 | | revised 12-3-21.)
|
| 8 | | (70 ILCS 705/16.06b) |
| 9 | | Sec. 16.06b. Original appointments; full-time fire |
| 10 | | department. |
| 11 | | (a) Applicability. Unless a commission elects to follow |
| 12 | | the provisions of Section 16.06c, this Section shall apply to |
| 13 | | all original appointments to an affected full-time fire |
| 14 | | department. Existing registers of eligibles shall continue to |
| 15 | | be valid until their expiration dates, or up to a maximum of 2 |
| 16 | | years after August 4, 2011 (the effective date of Public Act |
| 17 | | 97-251). |
| 18 | | Notwithstanding any statute, ordinance, rule, or other law |
| 19 | | to the contrary, all original appointments to an affected |
| 20 | | department to which this Section applies shall be administered |
| 21 | | in a no less stringent manner than the manner provided for in |
| 22 | | this Section. Provisions of the Illinois Municipal Code, Fire |
| 23 | | Protection District Act, fire district ordinances, and rules |
| 24 | | adopted pursuant to such authority and other laws relating to |
| 25 | | initial hiring of firefighters in affected departments shall |
|
| | HB5501 | - 826 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | continue to apply to the extent they are compatible with this |
| 2 | | Section, but in the event of a conflict between this Section |
| 3 | | and any other law, this Section shall control. |
| 4 | | A fire protection district that is operating under a court |
| 5 | | order or consent decree regarding original appointments to a |
| 6 | | full-time fire department before August 4, 2011 (the effective |
| 7 | | date of Public Act 97-251) is exempt from the requirements of |
| 8 | | this Section for the duration of the court order or consent |
| 9 | | decree. |
| 10 | | (b) Original appointments. All original appointments made |
| 11 | | to an affected fire department shall be made from a register of |
| 12 | | eligibles established in accordance with the processes |
| 13 | | required by this Section. Only persons who meet or exceed the |
| 14 | | performance standards required by the Section shall be placed |
| 15 | | on a register of eligibles for original appointment to an |
| 16 | | affected fire department. |
| 17 | | Whenever an appointing authority authorizes action to hire |
| 18 | | a person to perform the duties of a firefighter or to hire a |
| 19 | | firefighter-paramedic to fill a position that is a new |
| 20 | | position or vacancy due to resignation, discharge, promotion, |
| 21 | | death, the granting of a disability or retirement pension, or |
| 22 | | any other cause, the appointing authority shall appoint to |
| 23 | | that position the person with the highest ranking on the final |
| 24 | | eligibility list. If the appointing authority has reason to |
| 25 | | conclude that the highest ranked person fails to meet the |
| 26 | | minimum standards for the position or if the appointing |
|
| | HB5501 | - 827 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authority believes an alternate candidate would better serve |
| 2 | | the needs of the department, then the appointing authority has |
| 3 | | the right to pass over the highest ranked person and appoint |
| 4 | | either: (i) any person who has a ranking in the top 5% of the |
| 5 | | register of eligibles or (ii) any person who is among the top 5 |
| 6 | | highest ranked persons on the list of eligibles if the number |
| 7 | | of people who have a ranking in the top 5% of the register of |
| 8 | | eligibles is less than 5 people. |
| 9 | | Any candidate may pass on an appointment once without |
| 10 | | losing his or her position on the register of eligibles. Any |
| 11 | | candidate who passes a second time may be removed from the list |
| 12 | | by the appointing authority provided that such action shall |
| 13 | | not prejudice a person's opportunities to participate in |
| 14 | | future examinations, including an examination held during the |
| 15 | | time a candidate is already on the fire district's register of |
| 16 | | eligibles. |
| 17 | | The sole authority to issue certificates of appointment |
| 18 | | shall be vested in the board of fire commissioners, or board of |
| 19 | | trustees serving in the capacity of a board of fire |
| 20 | | commissioners. All certificates of appointment issued to any |
| 21 | | officer or member of an affected department shall be signed by |
| 22 | | the chairperson and secretary, respectively, of the commission |
| 23 | | upon appointment of such officer or member to the affected |
| 24 | | department by action of the commission. After being selected |
| 25 | | from the register of eligibles to fill a vacancy in the |
| 26 | | affected department, each appointee shall be presented with |
|
| | HB5501 | - 828 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | his or her certificate of appointment on the day on which he or |
| 2 | | she is sworn in as a classified member of the affected |
| 3 | | department. Firefighters who were not issued a certificate of |
| 4 | | appointment when originally appointed shall be provided with a |
| 5 | | certificate within 10 days after making a written request to |
| 6 | | the chairperson of the board of fire commissioners, or board |
| 7 | | of trustees serving in the capacity of a board of fire |
| 8 | | commissioners. Each person who accepts a certificate of |
| 9 | | appointment and successfully completes his or her probationary |
| 10 | | period shall be enrolled as a firefighter and as a regular |
| 11 | | member of the fire department. |
| 12 | | For the purposes of this Section, "firefighter" means any |
| 13 | | person who has been prior to, on, or after August 4, 2011 (the |
| 14 | | effective date of Public Act 97-251) appointed to a fire |
| 15 | | department or fire protection district or employed by a State |
| 16 | | university and sworn or commissioned to perform firefighter |
| 17 | | duties or paramedic duties, or both, except that the following |
| 18 | | persons are not included: part-time firefighters; auxiliary, |
| 19 | | reserve, or voluntary firefighters, including paid-on-call |
| 20 | | firefighters; clerks and dispatchers or other civilian |
| 21 | | employees of a fire department or fire protection district who |
| 22 | | are not routinely expected to perform firefighter duties; and |
| 23 | | elected officials. |
| 24 | | (c) Qualification for placement on register of eligibles. |
| 25 | | The purpose of establishing a register of eligibles is to |
| 26 | | identify applicants who possess and demonstrate the mental |
|
| | HB5501 | - 829 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | aptitude and physical ability to perform the duties required |
| 2 | | of members of the fire department in order to provide the |
| 3 | | highest quality of service to the public. To this end, all |
| 4 | | applicants for original appointment to an affected fire |
| 5 | | department shall be subject to examination and testing which |
| 6 | | shall be public, competitive, and open to all applicants |
| 7 | | unless the district shall by ordinance limit applicants to |
| 8 | | residents of the district, county or counties in which the |
| 9 | | district is located, State, or nation. Any examination and |
| 10 | | testing procedure utilized under subsection (e) of this |
| 11 | | Section shall be supported by appropriate validation evidence |
| 12 | | and shall comply with all applicable State and federal laws. |
| 13 | | Districts may establish educational, emergency medical service |
| 14 | | licensure, and other prerequisites for participation in an |
| 15 | | examination or for hire as a firefighter. Any fire protection |
| 16 | | district may charge a fee to cover the costs of the application |
| 17 | | process. |
| 18 | | Residency requirements in effect at the time an individual |
| 19 | | enters the fire service of a district cannot be made more |
| 20 | | restrictive for that individual during his or her period of |
| 21 | | service for that district, or be made a condition of |
| 22 | | promotion, except for the rank or position of fire chief and |
| 23 | | for no more than 2 positions that rank immediately below that |
| 24 | | of the chief rank which are appointed positions pursuant to |
| 25 | | the Fire Department Promotion Act. |
| 26 | | No person who is 35 years of age or older shall be eligible |
|
| | HB5501 | - 830 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to take an examination for a position as a firefighter unless |
| 2 | | the person has had previous employment status as a firefighter |
| 3 | | in the regularly constituted fire department of the district, |
| 4 | | except as provided in this Section. The age limitation does |
| 5 | | not apply to: |
| 6 | | (1) any person previously employed as a full-time |
| 7 | | firefighter in a regularly constituted fire department of |
| 8 | | (i) any municipality or fire protection district located |
| 9 | | in Illinois, (ii) a fire protection district whose |
| 10 | | obligations were assumed by a municipality under Section |
| 11 | | 21 of the Fire Protection District Act, or (iii) a |
| 12 | | municipality whose obligations were taken over by a fire |
| 13 | | protection district; |
| 14 | | (2) any person who has served a fire district as a |
| 15 | | regularly enrolled volunteer, paid-on-call, or part-time |
| 16 | | firefighter; or |
| 17 | | (3) any person who turned 35 while serving as a member |
| 18 | | of the active or reserve components of any of the branches |
| 19 | | of the Armed Forces of the United States or the National |
| 20 | | Guard of any state, whose service was characterized as |
| 21 | | honorable or under honorable, if separated from the |
| 22 | | military, and is currently under the age of 40. |
| 23 | | No person who is under 21 years of age shall be eligible |
| 24 | | for employment as a firefighter. |
| 25 | | No applicant shall be examined concerning his or her |
| 26 | | political or religious opinions or affiliations. The |
|
| | HB5501 | - 831 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | examinations shall be conducted by the commissioners of the |
| 2 | | district or their designees and agents. |
| 3 | | No district shall require that any firefighter appointed |
| 4 | | to the lowest rank serve a probationary employment period of |
| 5 | | longer than one year of actual active employment, which may |
| 6 | | exclude periods of training, or injury or illness leaves, |
| 7 | | including duty related leave, in excess of 30 calendar days. |
| 8 | | Notwithstanding anything to the contrary in this Section, the |
| 9 | | probationary employment period limitation may be extended for |
| 10 | | a firefighter who is required, as a condition of employment, |
| 11 | | to be a licensed paramedic, during which time the sole reason |
| 12 | | that a firefighter may be discharged without a hearing is for |
| 13 | | failing to meet the requirements for paramedic licensure. |
| 14 | | In the event that any applicant who has been found |
| 15 | | eligible for appointment and whose name has been placed upon |
| 16 | | the final eligibility register provided for in this Section |
| 17 | | has not been appointed to a firefighter position within one |
| 18 | | year after the date of his or her physical ability |
| 19 | | examination, the commission may cause a second examination to |
| 20 | | be made of that applicant's physical ability prior to his or |
| 21 | | her appointment. If, after the second examination, the |
| 22 | | physical ability of the applicant shall be found to be less |
| 23 | | than the minimum standard fixed by the rules of the |
| 24 | | commission, the applicant shall not be appointed. The |
| 25 | | applicant's name may be retained upon the register of |
| 26 | | candidates eligible for appointment and when next reached for |
|
| | HB5501 | - 832 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | certification and appointment that applicant may be again |
| 2 | | examined as provided in this Section, and if the physical |
| 3 | | ability of that applicant is found to be less than the minimum |
| 4 | | standard fixed by the rules of the commission, the applicant |
| 5 | | shall not be appointed, and the name of the applicant shall be |
| 6 | | removed from the register. |
| 7 | | (d) Notice, examination, and testing components. Notice of |
| 8 | | the time, place, general scope, merit criteria for any |
| 9 | | subjective component, and fee of every examination shall be |
| 10 | | given by the commission, by a publication at least 2 weeks |
| 11 | | preceding the examination: (i) in one or more newspapers |
| 12 | | published in the district, or if no newspaper is published |
| 13 | | therein, then in one or more newspapers with a general |
| 14 | | circulation within the district, or (ii) on the fire |
| 15 | | protection district's Internet website. Additional notice of |
| 16 | | the examination may be given as the commission shall |
| 17 | | prescribe. |
| 18 | | The examination and qualifying standards for employment of |
| 19 | | firefighters shall be based on: mental aptitude, physical |
| 20 | | ability, preferences, moral character, and health. The mental |
| 21 | | aptitude, physical ability, and preference components shall |
| 22 | | determine an applicant's qualification for and placement on |
| 23 | | the final register of eligibles. The examination may also |
| 24 | | include a subjective component based on merit criteria as |
| 25 | | determined by the commission. Scores from the examination must |
| 26 | | be made available to the public. |
|
| | HB5501 | - 833 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (e) Mental aptitude. No person who does not possess at |
| 2 | | least a high school diploma or an equivalent high school |
| 3 | | education shall be placed on a register of eligibles. |
| 4 | | Examination of an applicant's mental aptitude shall be based |
| 5 | | upon a written examination. The examination shall be practical |
| 6 | | in character and relate to those matters that fairly test the |
| 7 | | capacity of the persons examined to discharge the duties |
| 8 | | performed by members of a fire department. Written |
| 9 | | examinations shall be administered in a manner that ensures |
| 10 | | the security and accuracy of the scores achieved. |
| 11 | | (f) Physical ability. All candidates shall be required to |
| 12 | | undergo an examination of their physical ability to perform |
| 13 | | the essential functions included in the duties they may be |
| 14 | | called upon to perform as a member of a fire department. For |
| 15 | | the purposes of this Section, essential functions of the job |
| 16 | | are functions associated with duties that a firefighter may be |
| 17 | | called upon to perform in response to emergency calls. The |
| 18 | | frequency of the occurrence of those duties as part of the fire |
| 19 | | department's regular routine shall not be a controlling factor |
| 20 | | in the design of examination criteria or evolutions selected |
| 21 | | for testing. These physical examinations shall be open, |
| 22 | | competitive, and based on industry standards designed to test |
| 23 | | each applicant's physical abilities in the following |
| 24 | | dimensions: |
| 25 | | (1) Muscular strength to perform tasks and evolutions |
| 26 | | that may be required in the performance of duties |
|
| | HB5501 | - 834 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | including grip strength, leg strength, and arm strength. |
| 2 | | Tests shall be conducted under anaerobic as well as |
| 3 | | aerobic conditions to test both the candidate's speed and |
| 4 | | endurance in performing tasks and evolutions. Tasks tested |
| 5 | | may be based on standards developed, or approved, by the |
| 6 | | local appointing authority. |
| 7 | | (2) The ability to climb ladders, operate from |
| 8 | | heights, walk or crawl in the dark along narrow and uneven |
| 9 | | surfaces, and operate in proximity to hazardous |
| 10 | | environments. |
| 11 | | (3) The ability to carry out critical, time-sensitive, |
| 12 | | and complex problem solving during physical exertion in |
| 13 | | stressful and hazardous environments. The testing |
| 14 | | environment may be hot and dark with tightly enclosed |
| 15 | | spaces, flashing lights, sirens, and other distractions. |
| 16 | | The tests utilized to measure each applicant's
|
| 17 | | capabilities in each of these dimensions may be tests based on
|
| 18 | | industry standards currently in use or equivalent tests |
| 19 | | approved by the Joint Labor-Management Committee of the Office |
| 20 | | of the State Fire Marshal. |
| 21 | | Physical ability examinations administered under this |
| 22 | | Section shall be conducted with a reasonable number of |
| 23 | | proctors and monitors, open to the public, and subject to |
| 24 | | reasonable regulations of the commission. |
| 25 | | (g) Scoring of examination components. Appointing |
| 26 | | authorities may create a preliminary eligibility register. A |
|
| | HB5501 | - 835 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | person shall be placed on the list based upon his or her |
| 2 | | passage of the written examination or the passage of the |
| 3 | | written examination and the physical ability component. |
| 4 | | Passage of the written examination means attaining the minimum |
| 5 | | score set by the commission. Minimum scores should be set by |
| 6 | | the appointing authorities so as to demonstrate a candidate's |
| 7 | | ability to perform the essential functions of the job. The |
| 8 | | minimum score set by the commission shall be supported by |
| 9 | | appropriate validation evidence and shall comply with all |
| 10 | | applicable State and federal laws. The appointing authority |
| 11 | | may conduct the physical ability component and any subjective |
| 12 | | components subsequent to the posting of the preliminary |
| 13 | | eligibility register. |
| 14 | | The examination components for an initial eligibility |
| 15 | | register shall be graded on a 100-point scale. A person's |
| 16 | | position on the list shall be determined by the following: (i)
|
| 17 | | the person's score on the written examination, (ii) the person
|
| 18 | | successfully passing the physical ability component, and (iii) |
| 19 | | the
person's results on any subjective component as described |
| 20 | | in
subsection (d). |
| 21 | | In order to qualify for placement on the final eligibility |
| 22 | | register, an applicant's score on the written examination, |
| 23 | | before any applicable preference points or subjective points |
| 24 | | are applied, shall be at or above the minimum score set by the |
| 25 | | commission. The local appointing authority may prescribe the |
| 26 | | score to qualify for placement on the final eligibility |
|
| | HB5501 | - 836 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | register, but the score shall not be less than the minimum |
| 2 | | score set by the commission. |
| 3 | | The commission shall prepare and keep a register of |
| 4 | | persons whose total score is not less than the minimum score |
| 5 | | for passage and who have passed the physical ability |
| 6 | | examination. These persons shall take rank upon the register |
| 7 | | as candidates in the order of their relative excellence based |
| 8 | | on the highest to the lowest total points scored on the mental |
| 9 | | aptitude, subjective component, and preference components of |
| 10 | | the test administered in accordance with this Section. No more |
| 11 | | than 60 days after each examination, an initial eligibility |
| 12 | | list shall be posted by the commission. The list shall include |
| 13 | | the final grades of the candidates without reference to |
| 14 | | priority of the time of examination and subject to claim for |
| 15 | | preference credit. |
| 16 | | Commissions may conduct additional examinations, including |
| 17 | | without limitation a polygraph test, after a final eligibility |
| 18 | | register is established and before it expires with the |
| 19 | | candidates ranked by total score without regard to date of |
| 20 | | examination. No more than 60 days after each examination, an |
| 21 | | initial eligibility list shall be posted by the commission |
| 22 | | showing the final grades of the candidates without reference |
| 23 | | to priority of time of examination and subject to claim for |
| 24 | | preference credit. |
| 25 | | (h) Preferences. The following are preferences: |
| 26 | | (1) Veteran preference. Persons who were engaged in |
|
| | HB5501 | - 837 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the military service of the United States for a period of |
| 2 | | at least one year of active duty and who were honorably |
| 3 | | discharged therefrom, or who are now or have been members |
| 4 | | on inactive or reserve duty in such military or naval |
| 5 | | service, shall be preferred for appointment to and |
| 6 | | employment with the fire department of an affected |
| 7 | | department. |
| 8 | | (2) Fire cadet preference. Persons who have |
| 9 | | successfully completed 2 years of study in fire techniques |
| 10 | | or cadet training within a cadet program established under |
| 11 | | the rules of the Joint Labor and Management Committee |
| 12 | | (JLMC), as defined in Section 50 of the Fire Department |
| 13 | | Promotion Act, may be preferred for appointment to and |
| 14 | | employment with the fire department. |
| 15 | | (3) Educational preference. Persons who have |
| 16 | | successfully obtained an associate's degree in the field |
| 17 | | of fire service or emergency medical services, or a |
| 18 | | bachelor's degree from an accredited college or university |
| 19 | | may be preferred for appointment to and employment with |
| 20 | | the fire department. |
| 21 | | (4) Paramedic preference. Persons who have obtained a |
| 22 | | license as a paramedic may be preferred for appointment to |
| 23 | | and employment with the fire department of an affected |
| 24 | | department providing emergency medical services. |
| 25 | | (5) Experience preference. All persons employed by a |
| 26 | | district who have been paid-on-call or part-time certified |
|
| | HB5501 | - 838 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Firefighter II, certified Firefighter III, State of |
| 2 | | Illinois or nationally licensed EMT, EMT-I, A-EMT, or |
| 3 | | paramedic, or any combination of those capacities may be |
| 4 | | awarded up to a maximum of 5 points. However, the |
| 5 | | applicant may not be awarded more than 0.5 points for each |
| 6 | | complete year of paid-on-call or part-time service. |
| 7 | | Applicants from outside the district who were employed as |
| 8 | | full-time firefighters or firefighter-paramedics by a fire |
| 9 | | protection district or municipality for at least 2 years |
| 10 | | may be awarded up to 5 experience preference points. |
| 11 | | However, the applicant may not be awarded more than one |
| 12 | | point for each complete year of full-time service. |
| 13 | | Upon request by the commission, the governing body of |
| 14 | | the district or in the case of applicants from outside the |
| 15 | | district the governing body of any other fire protection |
| 16 | | district or any municipality shall certify to the |
| 17 | | commission, within 10 days after the request, the number |
| 18 | | of years of successful paid-on-call, part-time, or |
| 19 | | full-time service of any person. A candidate may not |
| 20 | | receive the full amount of preference points under this |
| 21 | | subsection if the amount of points awarded would place the |
| 22 | | candidate before a veteran on the eligibility list. If |
| 23 | | more than one candidate receiving experience preference |
| 24 | | points is prevented from receiving all of their points due |
| 25 | | to not being allowed to pass a veteran, the candidates |
| 26 | | shall be placed on the list below the veteran in rank order |
|
| | HB5501 | - 839 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | based on the totals received if all points under this |
| 2 | | subsection were to be awarded. Any remaining ties on the |
| 3 | | list shall be determined by lot. |
| 4 | | (6) Residency preference. Applicants whose principal |
| 5 | | residence is located within the fire department's |
| 6 | | jurisdiction may be preferred for appointment to and |
| 7 | | employment with the fire department. |
| 8 | | (7) Additional preferences. Up to 5 additional |
| 9 | | preference points may be awarded for unique categories |
| 10 | | based on an applicant's experience or background as |
| 11 | | identified by the commission. |
| 12 | | (7.5) Apprentice preferences. A person who has |
| 13 | | performed fire suppression service for a department as a |
| 14 | | firefighter apprentice and otherwise meets the |
| 15 | | qualifications for original appointment as a firefighter |
| 16 | | specified in this Section is eligible to be awarded up to |
| 17 | | 20 preference points. To qualify for preference points, an |
| 18 | | applicant shall have completed a minimum of 600 hours of |
| 19 | | fire suppression work on a regular shift for the affected |
| 20 | | fire department over a 12-month period. The fire |
| 21 | | suppression work must be in accordance with Section 16.06 |
| 22 | | of this Act and the terms established by a Joint |
| 23 | | Apprenticeship Committee included in a collective |
| 24 | | bargaining agreement agreed between the employer and its |
| 25 | | certified bargaining agent. An eligible applicant must |
| 26 | | apply to the Joint Apprenticeship Committee for preference |
|
| | HB5501 | - 840 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | points under this item. The Joint Apprenticeship Committee |
| 2 | | shall evaluate the merit of the applicant's performance, |
| 3 | | determine the preference points to be awarded, and certify |
| 4 | | the amount of points awarded to the commissioners. The |
| 5 | | commissioners may add the certified preference points to |
| 6 | | the final grades achieved by the applicant on the other |
| 7 | | components of the examination. |
| 8 | | (8) Scoring of preferences. The
commission shall give |
| 9 | | preference for original appointment
to persons designated |
| 10 | | in item (1)
by adding to the final grade that they receive |
| 11 | | 5 points
for the recognized preference achieved. The |
| 12 | | commission may give preference for original appointment to |
| 13 | | persons designated in item (7.5) by adding to the final |
| 14 | | grade the amount of points designated by the Joint |
| 15 | | Apprenticeship Committee as defined in item (7.5). The |
| 16 | | commission shall determine the number of preference points |
| 17 | | for each category, except (1) and (7.5). The number of |
| 18 | | preference points for each category shall range from 0 to |
| 19 | | 5, except item (7.5). In determining the number of |
| 20 | | preference points, the commission shall prescribe that if |
| 21 | | a candidate earns the maximum number of preference points |
| 22 | | in all categories except item (7.5), that number may not |
| 23 | | be less than 10 nor more than 30. The commission shall give |
| 24 | | preference for original appointment to persons designated |
| 25 | | in items (2) through (7) by adding the requisite number of |
| 26 | | points to the final grade for each recognized preference |
|
| | HB5501 | - 841 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | achieved. The numerical result thus attained shall be |
| 2 | | applied by the commission in determining the final |
| 3 | | eligibility list and appointment from the eligibility |
| 4 | | list. The local appointing authority may prescribe the |
| 5 | | total number of preference points awarded under this |
| 6 | | Section, but the total number of preference points, except |
| 7 | | item (7.5), shall not be less than 10 points or more than |
| 8 | | 30 points. Apprentice preference points may be added in |
| 9 | | addition to other preference points awarded by the |
| 10 | | commission. |
| 11 | | No person entitled to any preference shall be required to |
| 12 | | claim the credit before any examination held under the |
| 13 | | provisions of this Section, but the preference shall be given |
| 14 | | after the posting or publication of the initial eligibility |
| 15 | | list or register at the request of a person entitled to a |
| 16 | | credit before any certification or appointments are made from |
| 17 | | the eligibility register, upon the furnishing of verifiable |
| 18 | | evidence and proof of qualifying preference credit. Candidates |
| 19 | | who are eligible for preference credit shall make a claim in |
| 20 | | writing within 10 days after the posting of the initial |
| 21 | | eligibility list, or the claim shall be deemed waived. Final |
| 22 | | eligibility registers shall be established after the awarding |
| 23 | | of verified preference points. However, apprentice preference |
| 24 | | credit earned subsequent to the establishment of the final |
| 25 | | eligibility register may be applied to the applicant's score |
| 26 | | upon certification by the Joint Apprenticeship Committee to |
|
| | HB5501 | - 842 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the commission and the rank order of candidates on the final |
| 2 | | eligibility register shall be adjusted accordingly. All |
| 3 | | employment shall be subject to the commission's initial hire |
| 4 | | background review, including, but not limited to, criminal |
| 5 | | history, employment history, moral character, oral |
| 6 | | examination, and medical and psychological examinations, all |
| 7 | | on a pass-fail basis. The medical and psychological |
| 8 | | examinations must be conducted last, and may only be performed |
| 9 | | after a conditional offer of employment has been extended. |
| 10 | | Any person placed on an eligibility list who exceeds the |
| 11 | | age requirement before being appointed to a fire department |
| 12 | | shall remain eligible for appointment until the list is |
| 13 | | abolished, or his or her name has been on the list for a period |
| 14 | | of 2 years. No person who has attained the age of 35 years |
| 15 | | shall be inducted into a fire department, except as otherwise |
| 16 | | provided in this Section. |
| 17 | | The commission shall strike off the names of candidates |
| 18 | | for original appointment after the names have been on the list |
| 19 | | for more than 2 years. |
| 20 | | (i) Moral character. No person shall be appointed to a |
| 21 | | fire department unless he or she is a person of good character; |
| 22 | | not a habitual drunkard, a gambler, or a person who has been |
| 23 | | convicted of a felony or a crime involving moral turpitude. |
| 24 | | However, no person shall be disqualified from appointment to |
| 25 | | the fire department because of the person's record of |
| 26 | | misdemeanor convictions except those under Sections 11-6, |
|
| | HB5501 | - 843 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
| 2 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
| 3 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs |
| 4 | | (1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of |
| 5 | | Section 24-1 of the Criminal Code of 1961 or the Criminal Code |
| 6 | | of 2012, or arrest for any cause without conviction thereon. |
| 7 | | Any such person who is in the department may be removed on |
| 8 | | charges brought for violating this subsection and after a |
| 9 | | trial as hereinafter provided. |
| 10 | | A classifiable set of the fingerprints of every person who |
| 11 | | is offered employment as a certificated member of an affected |
| 12 | | fire department whether with or without compensation, shall be |
| 13 | | furnished to the Illinois State Police and to the Federal |
| 14 | | Bureau of Investigation by the commission. |
| 15 | | Whenever a commission is authorized or required by law to |
| 16 | | consider some aspect of criminal history record information |
| 17 | | for the purpose of carrying out its statutory powers and |
| 18 | | responsibilities, then, upon request and payment of fees in |
| 19 | | conformance with the requirements of Section 2605-400 of the |
| 20 | | Illinois State Police Law of the Civil Administrative Code of |
| 21 | | Illinois, the Illinois State Police is authorized to furnish, |
| 22 | | pursuant to positive identification, the information contained |
| 23 | | in State files as is necessary to fulfill the request. |
| 24 | | (j) Temporary appointments. In order to prevent a stoppage |
| 25 | | of public business, to meet extraordinary exigencies, or to |
| 26 | | prevent material impairment of the fire department, the |
|
| | HB5501 | - 844 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | commission may make temporary appointments, to remain in force |
| 2 | | only until regular appointments are made under the provisions |
| 3 | | of this Section, but never to exceed 60 days. No temporary |
| 4 | | appointment of any one person shall be made more than twice in |
| 5 | | any calendar year. |
| 6 | | (k) A person who knowingly divulges or receives test |
| 7 | | questions or answers before a written examination, or |
| 8 | | otherwise knowingly violates or subverts any requirement of |
| 9 | | this Section, commits a violation of this Section and may be |
| 10 | | subject to charges for official misconduct. |
| 11 | | A person who is the knowing recipient of test information |
| 12 | | in advance of the examination shall be disqualified from the |
| 13 | | examination or discharged from the position to which he or she |
| 14 | | was appointed, as applicable, and otherwise subjected to |
| 15 | | disciplinary actions.
|
| 16 | | (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; |
| 17 | | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised |
| 18 | | 11-23-21.)
|
| 19 | | Section 310. The School Code is amended by changing |
| 20 | | Sections 2-3.25o, 2-3.80, 10-17a, 10-21.9, 10-22.3f, 10-22.6, |
| 21 | | 10-22.39, 10-27.1A, 14-8.02, 18-8.15, 21A-25.5, 22-30, 24-2, |
| 22 | | 26-1, 26-2a, 26-13, 27-23.7, 27A-5, 29-5, 34-2.1, 34-4.5, |
| 23 | | 34-18.5, 34-18.8, and 34-21.9, by setting forth, renumbering, |
| 24 | | and changing multiple
versions of Sections 2-3.182, 10-20.73, |
| 25 | | 10-20.75, 14-17, and 22-90, and by setting forth and |
|
| | HB5501 | - 845 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | renumbering Sections 27-23.15 and 34-18.67 as follows:
|
| 2 | | (105 ILCS 5/2-3.25o)
|
| 3 | | Sec. 2-3.25o. Registration and recognition of non-public |
| 4 | | elementary and
secondary schools.
|
| 5 | | (a) Findings. The General Assembly finds and declares (i) |
| 6 | | that the
Constitution
of the State of Illinois provides that a |
| 7 | | "fundamental goal of the People of the
State is the
|
| 8 | | educational development of all persons to the limits of their |
| 9 | | capacities" and
(ii) that the
educational development of every |
| 10 | | school student serves the public purposes of
the State.
In |
| 11 | | order to ensure that all Illinois students and teachers have |
| 12 | | the opportunity
to enroll and
work in State-approved |
| 13 | | educational institutions and programs, the State Board
of
|
| 14 | | Education shall provide for the voluntary registration and |
| 15 | | recognition of
non-public
elementary and secondary schools.
|
| 16 | | (b) Registration. All non-public elementary and secondary |
| 17 | | schools in the
State
of
Illinois may voluntarily register with |
| 18 | | the State Board of Education on an
annual basis. Registration |
| 19 | | shall
be completed
in conformance with procedures prescribed |
| 20 | | by the State Board of Education.
Information
required for |
| 21 | | registration shall include assurances of compliance (i) with
|
| 22 | | federal
and State
laws regarding health examination and |
| 23 | | immunization, attendance, length of term,
and
|
| 24 | | nondiscrimination, including assurances that the school will |
| 25 | | not prohibit hairstyles historically associated with race, |
|
| | HB5501 | - 846 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ethnicity, or hair texture, including, but not limited to, |
| 2 | | protective hairstyles such as braids, locks, and twists, and |
| 3 | | (ii) with applicable fire and health safety requirements.
|
| 4 | | (c) Recognition. All non-public elementary and secondary |
| 5 | | schools in the
State of
Illinois may voluntarily seek the |
| 6 | | status of "Non-public School Recognition"
from
the State
Board |
| 7 | | of Education. This status may be obtained by compliance with
|
| 8 | | administrative
guidelines and review procedures as prescribed |
| 9 | | by the State Board of Education.
The
guidelines and procedures |
| 10 | | must recognize that some of the aims and the
financial bases of
|
| 11 | | non-public schools are different from public schools and will |
| 12 | | not be identical
to those for
public schools, nor will they be |
| 13 | | more burdensome. The guidelines and procedures
must
also |
| 14 | | recognize the diversity of non-public schools and shall not |
| 15 | | impinge upon
the
noneducational relationships between those |
| 16 | | schools and their clientele.
|
| 17 | | (c-5) Prohibition against recognition. A non-public |
| 18 | | elementary or secondary school may not obtain "Non-public |
| 19 | | School Recognition" status unless the school requires all |
| 20 | | certified and non-certified applicants for employment with the |
| 21 | | school, after July 1, 2007, to authorize a fingerprint-based |
| 22 | | criminal history records check as a condition of employment to |
| 23 | | determine if such applicants have been convicted of any of the |
| 24 | | enumerated criminal or drug offenses set forth in Section |
| 25 | | 21B-80 of this Code or have been convicted, within 7 years of |
| 26 | | the application for employment, of any other felony under the |
|
| | HB5501 | - 847 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | laws of this State or of any offense committed or attempted in |
| 2 | | any other state or against the laws of the United States that, |
| 3 | | if committed or attempted in this State, would have been |
| 4 | | punishable as a felony under the laws of this State. |
| 5 | | Authorization for the check shall be furnished by the |
| 6 | | applicant to the school, except that if the applicant is a |
| 7 | | substitute teacher seeking employment in more than one |
| 8 | | non-public school, a teacher seeking concurrent part-time |
| 9 | | employment positions with more than one non-public school (as |
| 10 | | a reading specialist, special education teacher, or |
| 11 | | otherwise), or an educational support personnel employee |
| 12 | | seeking employment positions with more than one non-public |
| 13 | | school, then only one of the non-public schools employing the |
| 14 | | individual shall request the authorization. Upon receipt of |
| 15 | | this authorization, the non-public school shall submit the |
| 16 | | applicant's name, sex, race, date of birth, social security |
| 17 | | number, fingerprint images, and other identifiers, as |
| 18 | | prescribed by the Illinois State Police, to the Illinois State |
| 19 | | Police. |
| 20 | | The Illinois State Police and Federal Bureau of |
| 21 | | Investigation shall furnish, pursuant to a fingerprint-based |
| 22 | | criminal history records check, records of convictions, |
| 23 | | forever and hereafter, until expunged, to the president or |
| 24 | | principal of the non-public school that requested the check. |
| 25 | | The Illinois State Police shall charge that school a fee for |
| 26 | | conducting such check, which fee must be deposited into the |
|
| | HB5501 | - 848 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | State Police Services Fund and must not exceed the cost of the |
| 2 | | inquiry. Subject to appropriations for these purposes, the |
| 3 | | State Superintendent of Education shall reimburse non-public |
| 4 | | schools for fees paid to obtain criminal history records |
| 5 | | checks under this Section. |
| 6 | | A non-public school may not obtain recognition status |
| 7 | | unless the school also performs a check of the Statewide Sex |
| 8 | | Offender Database, as authorized by the Sex Offender Community |
| 9 | | Notification Law, for each applicant for employment, after |
| 10 | | July 1, 2007, to determine whether the applicant has been |
| 11 | | adjudicated a sex offender. |
| 12 | | Any information concerning the record of convictions |
| 13 | | obtained by a non-public school's president or principal under |
| 14 | | this Section is confidential and may be disseminated only to |
| 15 | | the governing body of the non-public school or any other |
| 16 | | person necessary to the decision of hiring the applicant for |
| 17 | | employment. A copy of the record of convictions obtained from |
| 18 | | the Illinois State Police shall be provided to the applicant |
| 19 | | for employment. Upon a check of the Statewide Sex Offender |
| 20 | | Database, the non-public school shall notify the applicant as |
| 21 | | to whether or not the applicant has been identified in the Sex |
| 22 | | Offender Database as a sex offender. Any information |
| 23 | | concerning the records of conviction obtained by the |
| 24 | | non-public school's president or principal under this Section |
| 25 | | for a substitute teacher seeking employment in more than one |
| 26 | | non-public school, a teacher seeking concurrent part-time |
|
| | HB5501 | - 849 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | employment positions with more than one non-public school (as |
| 2 | | a reading specialist, special education teacher, or |
| 3 | | otherwise), or an educational support personnel employee |
| 4 | | seeking employment positions with more than one non-public |
| 5 | | school may be shared with another non-public school's |
| 6 | | principal or president to which the applicant seeks |
| 7 | | employment. Any unauthorized release of confidential |
| 8 | | information may be a violation of Section 7 of the Criminal |
| 9 | | Identification Act. |
| 10 | | No non-public school may obtain recognition status that |
| 11 | | knowingly employs a person, hired after July 1, 2007, for whom |
| 12 | | an Illinois State Police and Federal Bureau of Investigation |
| 13 | | fingerprint-based criminal history records check and a |
| 14 | | Statewide Sex Offender Database check has not been initiated |
| 15 | | or who has been convicted of any offense enumerated in Section |
| 16 | | 21B-80 of this Code or any offense committed or attempted in |
| 17 | | any other state or against the laws of the United States that, |
| 18 | | if committed or attempted in this State, would have been |
| 19 | | punishable as one or more of those offenses. No non-public |
| 20 | | school may obtain recognition status under this Section that |
| 21 | | knowingly employs a person who has been found to be the |
| 22 | | perpetrator of sexual or physical abuse of a minor under 18 |
| 23 | | years of age pursuant to proceedings under Article II of the |
| 24 | | Juvenile Court Act of 1987. |
| 25 | | In order to obtain recognition status under this Section, |
| 26 | | a non-public school must require compliance with the |
|
| | HB5501 | - 850 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provisions of this subsection (c-5) from all employees of |
| 2 | | persons or firms holding contracts with the school, including, |
| 3 | | but not limited to, food service workers, school bus drivers, |
| 4 | | and other transportation employees, who have direct, daily |
| 5 | | contact with pupils. Any information concerning the records of |
| 6 | | conviction or identification as a sex offender of any such |
| 7 | | employee obtained by the non-public school principal or |
| 8 | | president must be promptly reported to the school's governing |
| 9 | | body.
|
| 10 | | Prior to the commencement of any student teaching |
| 11 | | experience or required internship (which is referred to as |
| 12 | | student teaching in this Section) in any non-public elementary |
| 13 | | or secondary school that has obtained or seeks to obtain |
| 14 | | recognition status under this Section, a student teacher is |
| 15 | | required to authorize a fingerprint-based criminal history |
| 16 | | records check. Authorization for and payment of the costs of |
| 17 | | the check must be furnished by the student teacher to the chief |
| 18 | | administrative officer of the non-public school where the |
| 19 | | student teaching is to be completed. Upon receipt of this |
| 20 | | authorization and payment, the chief administrative officer of |
| 21 | | the non-public school shall submit the student teacher's name, |
| 22 | | sex, race, date of birth, social security number, fingerprint |
| 23 | | images, and other identifiers, as prescribed by the Illinois |
| 24 | | State Police, to the Illinois State Police. The Illinois State |
| 25 | | Police and the Federal Bureau of Investigation shall furnish, |
| 26 | | pursuant to a fingerprint-based criminal history records |
|
| | HB5501 | - 851 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | check, records of convictions, forever and hereinafter, until |
| 2 | | expunged, to the chief administrative officer of the |
| 3 | | non-public school that requested the check. The Illinois State |
| 4 | | Police shall charge the school a fee for conducting the check, |
| 5 | | which fee must be passed on to the student teacher, must not |
| 6 | | exceed the cost of the inquiry, and must be deposited into the |
| 7 | | State Police Services Fund. The school shall further perform a |
| 8 | | check of the Statewide Sex Offender Database, as authorized by |
| 9 | | the Sex Offender Community Notification Law, and of the |
| 10 | | Statewide Murderer and Violent Offender Against Youth |
| 11 | | Database, as authorized by the Murderer and Violent Offender |
| 12 | | Against Youth Registration Act, for each student teacher. No |
| 13 | | school that has obtained or seeks to obtain recognition status |
| 14 | | under this Section may knowingly allow a person to student |
| 15 | | teach for whom a criminal history records check, a Statewide |
| 16 | | Sex Offender Database check, and a Statewide Murderer and |
| 17 | | Violent Offender Against Youth Database check have not been |
| 18 | | completed and reviewed by the chief administrative officer of |
| 19 | | the non-public school. |
| 20 | | A copy of the record of convictions obtained from the |
| 21 | | Illinois State Police must be provided to the student teacher. |
| 22 | | Any information concerning the record of convictions obtained |
| 23 | | by the chief administrative officer of the non-public school |
| 24 | | is confidential and may be transmitted only to the chief |
| 25 | | administrative officer of the non-public school or his or her |
| 26 | | designee, the State Superintendent of Education, the State |
|
| | HB5501 | - 852 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Educator Preparation and Licensure Board, or, for |
| 2 | | clarification purposes, the Illinois State Police or the |
| 3 | | Statewide Sex Offender Database or Statewide Murderer and |
| 4 | | Violent Offender Against Youth Database. Any unauthorized |
| 5 | | release of confidential information may be a violation of |
| 6 | | Section 7 of the Criminal Identification Act. |
| 7 | | No school that has obtained or seeks to obtain recognition |
| 8 | | status under this Section may knowingly allow a person to |
| 9 | | student teach who has been convicted of any offense that would |
| 10 | | subject him or her to license suspension or revocation |
| 11 | | pursuant to Section 21B-80 of this Code or who has been found |
| 12 | | to be the perpetrator of sexual or physical abuse of a minor |
| 13 | | under 18 years of age pursuant to proceedings under Article II |
| 14 | | of the Juvenile Court Act of 1987. |
| 15 | | Any school that has obtained or seeks to obtain |
| 16 | | recognition status under this Section may not prohibit |
| 17 | | hairstyles historically associated with race, ethnicity, or |
| 18 | | hair texture, including, but not limited to, protective |
| 19 | | hairstyles such as braids, locks, and twists. |
| 20 | | (d) Public purposes. The provisions of this Section are in |
| 21 | | the public
interest, for
the public benefit, and serve secular |
| 22 | | public purposes.
|
| 23 | | (e) Definition. For purposes of this Section, a non-public |
| 24 | | school means any
non-profit, non-home-based, and non-public |
| 25 | | elementary or secondary school that
is
in
compliance with |
| 26 | | Title VI of the Civil Rights Act of 1964 and attendance at
|
|
| | HB5501 | - 853 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | which
satisfies the requirements of Section 26-1 of this Code.
|
| 2 | | (Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 3 | | revised 10-4-21.)
|
| 4 | | (105 ILCS 5/2-3.80) (from Ch. 122, par. 2-3.80)
|
| 5 | | Sec. 2-3.80. (a) The General Assembly recognizes that |
| 6 | | agriculture is
the most basic and singularly important |
| 7 | | industry in the State, that
agriculture is of central |
| 8 | | importance to the welfare and economic stability
of the State, |
| 9 | | and that the maintenance of this vital industry requires a
|
| 10 | | continued source of trained and qualified individuals for |
| 11 | | employment in
agriculture and agribusiness. The General |
| 12 | | Assembly hereby declares that it
is in the best interests of |
| 13 | | the people of the State of Illinois that a
comprehensive |
| 14 | | education program in agriculture be created and maintained by
|
| 15 | | the State's public school system in order to ensure an |
| 16 | | adequate supply of
trained and skilled individuals and to |
| 17 | | ensure appropriate representation of
racial and ethnic groups |
| 18 | | in all phases of the industry. It is the intent
of the General |
| 19 | | Assembly that a State program for agricultural education
shall |
| 20 | | be a part of the curriculum of the public school system K |
| 21 | | through
adult, and made readily available to all school |
| 22 | | districts which may, at
their option, include programs in |
| 23 | | education in agriculture as a part of the
curriculum of that |
| 24 | | district.
|
| 25 | | (b) The State Board of Education shall adopt such rules |
|
| | HB5501 | - 854 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and regulations
as are necessary to implement the provisions |
| 2 | | of this Section. The rules
and regulations shall not create |
| 3 | | any new State mandates on school districts
as a condition of |
| 4 | | receiving federal, State, and local funds by those
entities. |
| 5 | | It is in the intent of the General Assembly that, although this
|
| 6 | | Section does not create any new mandates, school districts are |
| 7 | | strongly
advised to follow the guidelines set forth in this |
| 8 | | Section.
|
| 9 | | (c) The State Superintendent of Education shall assume |
| 10 | | responsibility
for the administration of the State program |
| 11 | | adopted under this Section
throughout the public school system |
| 12 | | as well as the articulation of the
State program to the |
| 13 | | requirements and mandates of federally assisted
education. |
| 14 | | There is currently within the State Board of Education an
|
| 15 | | agricultural education unit to assist school districts in the |
| 16 | | establishment
and maintenance of educational programs pursuant |
| 17 | | to the provisions of this
Section. The staffing of the unit |
| 18 | | shall at all times be comprised of an
appropriate number of |
| 19 | | full-time employees who shall serve as program
consultants in |
| 20 | | agricultural education and shall be available to provide
|
| 21 | | assistance to school districts. At least one consultant shall |
| 22 | | be
responsible for the coordination of the State program, as |
| 23 | | Head Consultant.
At least one consultant shall be responsible |
| 24 | | for the coordination of the
activities of student and |
| 25 | | agricultural organizations and associations.
|
| 26 | | (d) A committee of 13 agriculturalists representative of |
|
| | HB5501 | - 855 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the various and
diverse areas of the agricultural industry in |
| 2 | | Illinois shall be established
to at least develop a curriculum |
| 3 | | and overview the implementation of the
Build Illinois through |
| 4 | | Quality Agricultural Education plans of the Illinois
|
| 5 | | Leadership Council for Agricultural Education and to advise
|
| 6 | | the State Board of Education on vocational agricultural |
| 7 | | education, including the administration of the agricultural |
| 8 | | education line item appropriation and agency rulemaking that |
| 9 | | affects agricultural education educators. The
committee shall |
| 10 | | be composed of the following: |
| 11 | | (1) 3 6 agriculturalists
representing the Illinois |
| 12 | | Leadership Council for Agricultural Education; |
| 13 | | (2) 3 agriculturalists; |
| 14 | | (3) 2 secondary agriculture teachers; |
| 15 | | (4) one representative of "Ag In The Classroom"; |
| 16 | | (5) one community college agriculture teacher; |
| 17 | | (6) one adult agriculture educator; |
| 18 | | (7) one university agriculture teacher educator; and |
| 19 | | (8) one FFA representative. |
| 20 | | All members of the committee shall be appointed by the
|
| 21 | | Governor by and with the advice and consent of the Senate. The |
| 22 | | terms of
all members so appointed shall be for 3 years, except |
| 23 | | that of the members
initially appointed, 5 shall be appointed |
| 24 | | to serve for terms of one year, 4
shall be appointed to serve |
| 25 | | for terms of 2 years, and 4 shall be appointed
to serve for |
| 26 | | terms of 3 years. All members of the committee shall serve
|
|
| | HB5501 | - 856 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | until their successors are appointed and qualified. Subject to |
| 2 | | a requirement that committee members in office before January |
| 3 | | 1, 2022 (the effective date of Public Act 102-463) this |
| 4 | | amendatory Act of 102nd General Assembly may serve the full |
| 5 | | term to which they were appointed, the appointment of |
| 6 | | committee members to terms that commence on or after January |
| 7 | | 1, 2022 (the effective date of Public Act 102-463) this |
| 8 | | amendatory Act of the 102nd General Assembly shall be made in a |
| 9 | | manner that gives effect at the earliest possible time to the |
| 10 | | changes that are required by Public Act 102-463 this |
| 11 | | amendatory Act of the 102nd General Assembly in the |
| 12 | | representative composition of the committee's membership. |
| 13 | | Vacancies in terms
shall be filled by appointment of the |
| 14 | | Governor with the advice and consent
of the Senate for the |
| 15 | | extent of the unexpired term. |
| 16 | | The State Board of
Education shall implement a Build |
| 17 | | Illinois through Quality Agricultural
Education plan following |
| 18 | | receipt of these recommendations, which
shall be made |
| 19 | | available on or before March 31, 1987.
Recommendations shall |
| 20 | | include, but not be limited to, the development of a
|
| 21 | | curriculum and a strategy for the purpose of establishing a |
| 22 | | source of
trained and qualified individuals in agriculture, a |
| 23 | | strategy for
articulating the State program in agricultural |
| 24 | | education throughout the
public school system, and a consumer |
| 25 | | education outreach strategy regarding
the importance of |
| 26 | | agriculture in Illinois. |
|
| | HB5501 | - 859 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | school district and, of that total, the number of students |
| 2 | | with an individualized education program or a plan |
| 3 | | pursuant to Section 504 of the federal Rehabilitation Act |
| 4 | | of 1973.
|
| 5 | | (Source: P.A. 102-302, eff. 1-1-22.)
|
| 6 | | (105 ILCS 5/2-3.189)
|
| 7 | | Sec. 2-3.189 2-3.182. School unused food sharing plan. |
| 8 | | School districts shall incorporate a food sharing plan for |
| 9 | | unused food into their local wellness policy under Section |
| 10 | | 2-3.139. The food sharing plan shall focus on needy students, |
| 11 | | with the plan being developed and supported jointly by the |
| 12 | | district's local health department. Participants in the child |
| 13 | | nutrition programs, the National School Lunch Program and |
| 14 | | National School Breakfast Program, the Child and Adult Care |
| 15 | | Food Program (CACFP), and the Summer Food Service Program |
| 16 | | (SFSP) shall adhere to the provisions of the Richard B. |
| 17 | | Russell National School Lunch Act, as well as accompanying |
| 18 | | guidance from the U.S. Department of Agriculture on the Food |
| 19 | | Donation Program, to ensure that any leftover food items are |
| 20 | | properly donated in order to combat potential food insecurity |
| 21 | | in their communities. For the purpose of this Section, |
| 22 | | "properly" means in accordance with all federal regulations |
| 23 | | and State and local health and sanitation codes.
|
| 24 | | (Source: P.A. 102-359, eff. 8-13-21; revised 11-9-21.)
|
|
| | HB5501 | - 860 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (105 ILCS 5/2-3.190)
|
| 2 | | Sec. 2-3.190 2-3.182. Anaphylactic policy for school |
| 3 | | districts. |
| 4 | | (a) The State Board of Education, in consultation with the |
| 5 | | Department of Public Health, shall establish an anaphylactic |
| 6 | | policy for school districts setting forth guidelines and |
| 7 | | procedures to be followed both for the prevention of |
| 8 | | anaphylaxis and during a medical emergency resulting from |
| 9 | | anaphylaxis. The policy shall be developed after consultation |
| 10 | | with the advisory committee established pursuant to Section 5 |
| 11 | | of the Critical Health Problems and Comprehensive Health |
| 12 | | Education Act. In establishing the policy required under this |
| 13 | | Section, the State Board shall consider existing requirements |
| 14 | | and current and best practices for schools regarding allergies |
| 15 | | and anaphylaxis. The State Board must also consider the |
| 16 | | voluntary guidelines for managing food allergies in schools |
| 17 | | issued by the United States Department of Health and Human |
| 18 | | Services. |
| 19 | | (b) The anaphylactic policy established under subsection |
| 20 | | (a) shall include the following: |
| 21 | | (1) A procedure and treatment plan, including |
| 22 | | emergency protocols and responsibilities for school nurses |
| 23 | | and other appropriate school personnel, for responding to |
| 24 | | anaphylaxis. |
| 25 | | (2) Requirements for a training course for appropriate |
| 26 | | school personnel on preventing and responding to |
|
| | HB5501 | - 861 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | anaphylaxis. |
| 2 | | (3) A procedure and appropriate guidelines for the |
| 3 | | development of an individualized emergency health care |
| 4 | | plan for children with a food or other allergy that could |
| 5 | | result in anaphylaxis. |
| 6 | | (4) A communication plan for intake and dissemination |
| 7 | | of information provided by this State regarding children |
| 8 | | with a food or other allergy that could result in |
| 9 | | anaphylaxis, including a discussion of methods, |
| 10 | | treatments, and therapies to reduce the risk of allergic |
| 11 | | reactions, including anaphylaxis. |
| 12 | | (5) Strategies for reducing the risk of exposure to |
| 13 | | anaphylactic causative agents, including food and other |
| 14 | | allergens. |
| 15 | | (6) A communication plan for discussion with children |
| 16 | | who have developed adequate verbal communication and |
| 17 | | comprehension skills and with the parents or guardians of |
| 18 | | all children about foods that are safe and unsafe and |
| 19 | | about strategies to avoid exposure to unsafe food. |
| 20 | | (c) At least once each calendar year, each school district |
| 21 | | shall send a notification to the parents or guardians of all |
| 22 | | children under the care of a school to make them aware of the |
| 23 | | anaphylactic policy. The notification shall include contact |
| 24 | | information for parents and guardians to engage further with |
| 25 | | the school to learn more about individualized aspects of the |
| 26 | | policy. |
|
| | HB5501 | - 862 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (d) At least 6 months after August 20, 2021 (the effective |
| 2 | | date of Public Act 102-413) this amendatory Act of the 102nd |
| 3 | | General Assembly, the anaphylactic policy established under |
| 4 | | subsection (a) shall be forwarded by the State Board to the |
| 5 | | school board of each school district in this State. Each |
| 6 | | school district shall implement or update, as appropriate, its |
| 7 | | anaphylactic policy in accordance with those developed by the |
| 8 | | State Board within 6 months after receiving the anaphylactic |
| 9 | | policy from the State Board. |
| 10 | | (e) The anaphylactic policy established under subsection |
| 11 | | (a) shall be reviewed and updated, if necessary, at least once |
| 12 | | every 3 years. |
| 13 | | (f) The State Board shall post the anaphylactic policy |
| 14 | | established under subsection (a) and resources regarding |
| 15 | | allergies and anaphylaxis on its website. |
| 16 | | (g) The State Board may adopt any rules necessary to |
| 17 | | implement this Section.
|
| 18 | | (Source: P.A. 102-413, eff. 8-20-21; revised 11-9-21.)
|
| 19 | | (105 ILCS 5/2-3.191)
|
| 20 | | Sec. 2-3.191 2-3.182. State Education Equity Committee. |
| 21 | | (a) The General Assembly finds that this State has an |
| 22 | | urgent and collective responsibility to achieve educational |
| 23 | | equity by ensuring that all policies, programs, and practices |
| 24 | | affirm the strengths that each and every child brings with |
| 25 | | diverse backgrounds and life experiences and by delivering the |
|
| | HB5501 | - 864 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (10) One community organization that works to foster |
| 2 | | safe and healthy environments through advocacy for |
| 3 | | immigrant families and ensuring equitable opportunities |
| 4 | | for educational advancement and economic development. |
| 5 | | (11) An organization that works for economic, |
| 6 | | educational, and social progress for African Americans and |
| 7 | | promotes strong sustainable communities through advocacy, |
| 8 | | collaboration, and innovation. |
| 9 | | (12) One statewide organization whose focus is to |
| 10 | | narrow or close the achievement gap between students of |
| 11 | | color and their peers. |
| 12 | | (13) An organization that advocates for healthier |
| 13 | | school environments in this State. |
| 14 | | (14) One statewide organization that advocates for |
| 15 | | partnerships among schools, families, and the community, |
| 16 | | provides access to support, and removes barriers to |
| 17 | | learning and development, using schools as hubs. |
| 18 | | (15) One organization that advocates for the health |
| 19 | | and safety of Illinois youth and families by providing |
| 20 | | capacity building services. |
| 21 | | (16) An organization dedicated to advocating for |
| 22 | | public policies to prevent homelessness. |
| 23 | | (17) Other appropriate State agencies as determined by |
| 24 | | the State Superintendent. |
| 25 | | Members appointed to the Committee must reflect, as much |
| 26 | | as possible, the racial, ethnic, and geographic diversity of |
|
| | HB5501 | - 865 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this State. |
| 2 | | (d) Members appointed by the State Superintendent shall |
| 3 | | serve without compensation, but may be reimbursed for |
| 4 | | reasonable and necessary expenses, including travel, from |
| 5 | | funds appropriated to the State Board of Education for that |
| 6 | | purpose, subject to the rules of the appropriate travel |
| 7 | | control board. |
| 8 | | (e) The Committee shall meet at the call of the |
| 9 | | chairperson, but shall meet no less than 3 times a year. |
| 10 | | (f) The Committee shall recognize that, while progress has |
| 11 | | been made, much remains to be done to address systemic |
| 12 | | inequities and ensure each and every child is equipped to |
| 13 | | reach the child's fullest potential and shall: |
| 14 | | (1) guide its work through the principles of equity, |
| 15 | | equality, collaboration, and community; |
| 16 | | (2) focus its work around the overarching goals of |
| 17 | | student learning, learning conditions, and elevating |
| 18 | | educators, all underpinned by equity; |
| 19 | | (3) identify evidence-based practices or policies |
| 20 | | around these goals to build on this State's progress of |
| 21 | | ensuring educational equity for all its students in all |
| 22 | | aspects of birth through grade 12 education; and |
| 23 | | (4) seek input and feedback on identified |
| 24 | | evidence-based practices or policies from stakeholders, |
| 25 | | including, but not limited to, parents, students, and |
| 26 | | educators that reflect the rich diversity of Illinois |
|
| | HB5501 | - 866 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | students. |
| 2 | | (g) The Committee shall submit its recommendations to the |
| 3 | | General Assembly and the State Board of Education no later |
| 4 | | than January 31, 2022. By no later than December 15, 2023 and |
| 5 | | each year thereafter, the Committee shall report to the |
| 6 | | General Assembly and the State Board of Education about the |
| 7 | | additional progress that has been made to achieve educational |
| 8 | | equity.
|
| 9 | | (Source: P.A. 102-458, eff. 8-20-21; revised 1-15-22.)
|
| 10 | | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
|
| 11 | | (Text of Section before amendment by P.A. 102-594) |
| 12 | | Sec. 10-17a. State, school district, and school report |
| 13 | | cards.
|
| 14 | | (1) By October 31, 2013 and October 31 of each subsequent |
| 15 | | school year, the State Board of Education, through the State |
| 16 | | Superintendent of Education, shall prepare a State report |
| 17 | | card, school district report cards, and school report cards, |
| 18 | | and shall by the most economical economic means provide to |
| 19 | | each school
district in this State, including special charter |
| 20 | | districts and districts
subject to the provisions of Article |
| 21 | | 34, the report cards for the school district and each of its |
| 22 | | schools. Because of the impacts of the COVID-19 public health |
| 23 | | emergency during school year 2020-2021, the State Board of |
| 24 | | Education shall have until December 31, 2021 to prepare and |
| 25 | | provide the report cards that would otherwise be due by |
|
| | HB5501 | - 867 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | October 31, 2021. During a school year in which the Governor |
| 2 | | has declared a disaster due to a public health emergency |
| 3 | | pursuant to Section 7 of the Illinois Emergency Management |
| 4 | | Agency Act, the report cards for the school districts and each |
| 5 | | of its schools shall be prepared by December 31. |
| 6 | | (2) In addition to any information required by federal |
| 7 | | law, the State Superintendent shall determine the indicators |
| 8 | | and presentation of the school report card, which must |
| 9 | | include, at a minimum, the most current data collected and |
| 10 | | maintained by the State Board of Education related to the |
| 11 | | following: |
| 12 | | (A) school characteristics and student demographics, |
| 13 | | including average class size, average teaching experience, |
| 14 | | student racial/ethnic breakdown, and the percentage of |
| 15 | | students classified as low-income; the percentage of |
| 16 | | students classified as English learners, the number of |
| 17 | | students who graduate from a bilingual or English learner |
| 18 | | program, and the number of students who graduate from, |
| 19 | | transfer from, or otherwise leave bilingual programs; the |
| 20 | | percentage of students who have individualized education |
| 21 | | plans or 504 plans that provide for special education |
| 22 | | services; the number and percentage of all students who |
| 23 | | have been assessed for placement in a gifted education or |
| 24 | | advanced academic program and, of those students: (i) the |
| 25 | | racial and ethnic breakdown, (ii) the percentage who are |
| 26 | | classified as low-income, and (iii) the number and |
|
| | HB5501 | - 868 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | percentage of students who received direct instruction |
| 2 | | from a teacher who holds a gifted education endorsement |
| 3 | | and, of those students, the percentage who are classified |
| 4 | | as low-income; the percentage of students scoring at the |
| 5 | | "exceeds expectations" level on the assessments required |
| 6 | | under Section 2-3.64a-5 of this Code; the percentage of |
| 7 | | students who annually transferred in or out of the school |
| 8 | | district; average daily attendance; the per-pupil |
| 9 | | operating expenditure of the school district; and the |
| 10 | | per-pupil State average operating expenditure for the |
| 11 | | district type (elementary, high school, or unit); |
| 12 | | (B) curriculum information, including, where |
| 13 | | applicable, Advanced Placement, International |
| 14 | | Baccalaureate or equivalent courses, dual enrollment |
| 15 | | courses, foreign language classes, computer science |
| 16 | | courses, school personnel resources (including Career |
| 17 | | Technical Education teachers), before and after school |
| 18 | | programs, extracurricular activities, subjects in which |
| 19 | | elective classes are offered, health and wellness |
| 20 | | initiatives (including the average number of days of |
| 21 | | Physical Education per week per student), approved |
| 22 | | programs of study, awards received, community |
| 23 | | partnerships, and special programs such as programming for |
| 24 | | the gifted and talented, students with disabilities, and |
| 25 | | work-study students; |
| 26 | | (C) student outcomes, including, where applicable, the |
|
| | HB5501 | - 869 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | percentage of students deemed proficient on assessments of |
| 2 | | State standards, the percentage of students in the eighth |
| 3 | | grade who pass Algebra, the percentage of students who |
| 4 | | participated in workplace learning experiences, the |
| 5 | | percentage of students enrolled in post-secondary |
| 6 | | institutions (including colleges, universities, community |
| 7 | | colleges, trade/vocational schools, and training programs |
| 8 | | leading to career certification within 2 semesters of high |
| 9 | | school graduation), the percentage of students graduating |
| 10 | | from high school who are college and career ready, and the |
| 11 | | percentage of graduates enrolled in community colleges, |
| 12 | | colleges, and universities who are in one or more courses |
| 13 | | that the community college, college, or university |
| 14 | | identifies as a developmental course; |
| 15 | | (D) student progress, including, where applicable, the |
| 16 | | percentage of students in the ninth grade who have earned |
| 17 | | 5 credits or more without failing more than one core |
| 18 | | class, a measure of students entering kindergarten ready |
| 19 | | to learn, a measure of growth, and the percentage of |
| 20 | | students who enter high school on track for college and |
| 21 | | career readiness; |
| 22 | | (E) the school environment, including, where |
| 23 | | applicable, high school dropout rate by grade level, the |
| 24 | | percentage of students with less than 10 absences in a |
| 25 | | school year, the percentage of teachers with less than 10 |
| 26 | | absences in a school year for reasons other than |
|
| | HB5501 | - 870 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | professional development, leaves taken pursuant to the |
| 2 | | federal Family Medical Leave Act of 1993, long-term |
| 3 | | disability, or parental leaves, the 3-year average of the |
| 4 | | percentage of teachers returning to the school from the |
| 5 | | previous year, the number of different principals at the |
| 6 | | school in the last 6 years, the number of teachers who hold |
| 7 | | a gifted education endorsement, the process and criteria |
| 8 | | used by the district to determine whether a student is |
| 9 | | eligible for participation in a gifted education program |
| 10 | | or advanced academic program and the manner in which |
| 11 | | parents and guardians are made aware of the process and |
| 12 | | criteria, 2 or more indicators from any school climate |
| 13 | | survey selected or approved by the State and administered |
| 14 | | pursuant to Section 2-3.153 of this Code, with the same or |
| 15 | | similar indicators included on school report cards for all |
| 16 | | surveys selected or approved by the State pursuant to |
| 17 | | Section 2-3.153 of this Code, the combined percentage of |
| 18 | | teachers rated as proficient or excellent in their most |
| 19 | | recent evaluation, and, beginning with the 2022-2023 |
| 20 | | school year, data on the number of incidents of violence |
| 21 | | that occurred on school grounds or during school-related |
| 22 | | activities and that resulted in an out-of-school |
| 23 | | suspension, expulsion, or removal to an alternative |
| 24 | | setting, as reported pursuant to Section 2-3.162; |
| 25 | | (F) a school district's and its individual schools' |
| 26 | | balanced accountability measure, in accordance with |
|
| | HB5501 | - 871 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 2-3.25a of this Code; |
| 2 | | (G) the total and per pupil normal cost amount the |
| 3 | | State contributed to the Teachers' Retirement System of |
| 4 | | the State of Illinois in the prior fiscal year for the |
| 5 | | school's employees, which shall be reported to the State |
| 6 | | Board of Education by the Teachers' Retirement System of |
| 7 | | the State of Illinois; |
| 8 | | (H) for a school district organized under Article 34 |
| 9 | | of this Code only, State contributions to the Public |
| 10 | | School Teachers' Pension and Retirement Fund of Chicago |
| 11 | | and State contributions for health care for employees of |
| 12 | | that school district; |
| 13 | | (I) a school district's Final Percent of Adequacy, as |
| 14 | | defined in paragraph (4) of subsection (f) of Section |
| 15 | | 18-8.15 of this Code; |
| 16 | | (J) a school district's Local Capacity Target, as |
| 17 | | defined in paragraph (2) of subsection (c) of Section |
| 18 | | 18-8.15 of this Code, displayed as a percentage amount; |
| 19 | | (K) a school district's Real Receipts, as defined in |
| 20 | | paragraph (1) of subsection (d) of Section 18-8.15 of this |
| 21 | | Code, divided by a school district's Adequacy Target, as |
| 22 | | defined in paragraph (1) of subsection (b) of Section |
| 23 | | 18-8.15 of this Code, displayed as a percentage amount; |
| 24 | | (L) a school district's administrative costs; |
| 25 | | (M) whether or not the school has participated in the |
| 26 | | Illinois Youth Survey. In this paragraph (M), "Illinois |
|
| | HB5501 | - 872 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Youth Survey" means a self-report survey, administered in |
| 2 | | school settings every 2 years, designed to gather |
| 3 | | information about health and social indicators, including |
| 4 | | substance abuse patterns and the attitudes of students in |
| 5 | | grades 8, 10, and 12; and |
| 6 | | (N) whether the school offered its students career and |
| 7 | | technical education opportunities. |
| 8 | | The school report card shall also provide
information that |
| 9 | | allows for comparing the current outcome, progress, and |
| 10 | | environment data to the State average, to the school data from |
| 11 | | the past 5 years, and to the outcomes, progress, and |
| 12 | | environment of similar schools based on the type of school and |
| 13 | | enrollment of low-income students, special education students, |
| 14 | | and English learners.
|
| 15 | | As used in this subsection (2): |
| 16 | | "Administrative costs" means costs associated with |
| 17 | | executive, administrative, or managerial functions within the |
| 18 | | school district that involve planning, organizing, managing, |
| 19 | | or directing the school district. |
| 20 | | "Advanced academic program" means a course of study to |
| 21 | | which students are assigned based on advanced cognitive |
| 22 | | ability or advanced academic achievement compared to local age |
| 23 | | peers and in which the curriculum is substantially |
| 24 | | differentiated from the general curriculum to provide |
| 25 | | appropriate challenge and pace. |
| 26 | | "Computer science" means the study of computers and |
|
| | HB5501 | - 873 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | algorithms, including their principles, their hardware and |
| 2 | | software designs, their implementation, and their impact on |
| 3 | | society. "Computer science" does not include the study of |
| 4 | | everyday uses of computers and computer applications, such as |
| 5 | | keyboarding or accessing the Internet. |
| 6 | | "Gifted education" means educational services, including |
| 7 | | differentiated curricula and instructional methods, designed |
| 8 | | to meet the needs of gifted children as defined in Article 14A |
| 9 | | of this Code. |
| 10 | | For the purposes of paragraph (A) of this subsection (2), |
| 11 | | "average daily attendance" means the average of the actual |
| 12 | | number of attendance days during the previous school year for |
| 13 | | any enrolled student who is subject to compulsory attendance |
| 14 | | by Section 26-1 of this Code at each school and charter school. |
| 15 | | (3) At the discretion of the State Superintendent, the |
| 16 | | school district report card shall include a subset of the |
| 17 | | information identified in paragraphs (A) through (E) of |
| 18 | | subsection (2) of this Section, as well as information |
| 19 | | relating to the operating expense per pupil and other finances |
| 20 | | of the school district, and the State report card shall |
| 21 | | include a subset of the information identified in paragraphs |
| 22 | | (A) through (E) and paragraph (N) of subsection (2) of this |
| 23 | | Section. The school district report card shall include the |
| 24 | | average daily attendance, as that term is defined in |
| 25 | | subsection (2) of this Section, of students who have |
| 26 | | individualized education programs and students who have 504 |
|
| | HB5501 | - 874 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | plans that provide for special education services within the |
| 2 | | school district. |
| 3 | | (4) Notwithstanding anything to the contrary in this |
| 4 | | Section, in consultation with key education stakeholders, the |
| 5 | | State Superintendent shall at any time have the discretion to |
| 6 | | amend or update any and all metrics on the school, district, or |
| 7 | | State report card. |
| 8 | | (5) Annually, no more than 30 calendar days after receipt |
| 9 | | of the school district and school report cards from the State |
| 10 | | Superintendent of Education, each school district, including |
| 11 | | special charter districts and districts subject to the |
| 12 | | provisions of Article 34, shall present such report
cards at a |
| 13 | | regular school board meeting subject to
applicable notice |
| 14 | | requirements, post the report cards
on the
school district's |
| 15 | | Internet web site, if the district maintains an Internet web
|
| 16 | | site, make the report cards
available
to a newspaper of |
| 17 | | general circulation serving the district, and, upon
request, |
| 18 | | send the report cards
home to a parent (unless the district |
| 19 | | does not maintain an Internet web site,
in which case
the |
| 20 | | report card shall be sent home to parents without request). If |
| 21 | | the
district posts the report card on its Internet web
site, |
| 22 | | the district
shall send a
written notice home to parents |
| 23 | | stating (i) that the report card is available on
the web site,
|
| 24 | | (ii) the address of the web site, (iii) that a printed copy of |
| 25 | | the report card
will be sent to
parents upon request, and (iv) |
| 26 | | the telephone number that parents may
call to
request a |
|
| | HB5501 | - 875 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | printed copy of the report card.
|
| 2 | | (6) Nothing contained in Public Act 98-648 repeals, |
| 3 | | supersedes, invalidates, or nullifies final decisions in |
| 4 | | lawsuits pending on July 1, 2014 (the effective date of Public |
| 5 | | Act 98-648) in Illinois courts involving the interpretation of |
| 6 | | Public Act 97-8. |
| 7 | | (Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19; |
| 8 | | 101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff. |
| 9 | | 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; revised |
| 10 | | 10-18-21.)
|
| 11 | | (Text of Section after amendment by P.A. 102-594)
|
| 12 | | Sec. 10-17a. State, school district, and school report |
| 13 | | cards.
|
| 14 | | (1) By October 31, 2013 and October 31 of each subsequent |
| 15 | | school year, the State Board of Education, through the State |
| 16 | | Superintendent of Education, shall prepare a State report |
| 17 | | card, school district report cards, and school report cards, |
| 18 | | and shall by the most economical economic means provide to |
| 19 | | each school
district in this State, including special charter |
| 20 | | districts and districts
subject to the provisions of Article |
| 21 | | 34, the report cards for the school district and each of its |
| 22 | | schools. Because of the impacts of the COVID-19 public health |
| 23 | | emergency during school year 2020-2021, the State Board of |
| 24 | | Education shall have until December 31, 2021 to prepare and |
| 25 | | provide the report cards that would otherwise be due by |
|
| | HB5501 | - 876 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | October 31, 2021. During a school year in which the Governor |
| 2 | | has declared a disaster due to a public health emergency |
| 3 | | pursuant to Section 7 of the Illinois Emergency Management |
| 4 | | Agency Act, the report cards for the school districts and each |
| 5 | | of its schools shall be prepared by December 31. |
| 6 | | (2) In addition to any information required by federal |
| 7 | | law, the State Superintendent shall determine the indicators |
| 8 | | and presentation of the school report card, which must |
| 9 | | include, at a minimum, the most current data collected and |
| 10 | | maintained by the State Board of Education related to the |
| 11 | | following: |
| 12 | | (A) school characteristics and student demographics, |
| 13 | | including average class size, average teaching experience, |
| 14 | | student racial/ethnic breakdown, and the percentage of |
| 15 | | students classified as low-income; the percentage of |
| 16 | | students classified as English learners, the number of |
| 17 | | students who graduate from a bilingual or English learner |
| 18 | | program, and the number of students who graduate from, |
| 19 | | transfer from, or otherwise leave bilingual programs; the |
| 20 | | percentage of students who have individualized education |
| 21 | | plans or 504 plans that provide for special education |
| 22 | | services; the number and percentage of all students who |
| 23 | | have been assessed for placement in a gifted education or |
| 24 | | advanced academic program and, of those students: (i) the |
| 25 | | racial and ethnic breakdown, (ii) the percentage who are |
| 26 | | classified as low-income, and (iii) the number and |
|
| | HB5501 | - 877 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | percentage of students who received direct instruction |
| 2 | | from a teacher who holds a gifted education endorsement |
| 3 | | and, of those students, the percentage who are classified |
| 4 | | as low-income; the percentage of students scoring at the |
| 5 | | "exceeds expectations" level on the assessments required |
| 6 | | under Section 2-3.64a-5 of this Code; the percentage of |
| 7 | | students who annually transferred in or out of the school |
| 8 | | district; average daily attendance; the per-pupil |
| 9 | | operating expenditure of the school district; and the |
| 10 | | per-pupil State average operating expenditure for the |
| 11 | | district type (elementary, high school, or unit); |
| 12 | | (B) curriculum information, including, where |
| 13 | | applicable, Advanced Placement, International |
| 14 | | Baccalaureate or equivalent courses, dual enrollment |
| 15 | | courses, foreign language classes, computer science |
| 16 | | courses, school personnel resources (including Career |
| 17 | | Technical Education teachers), before and after school |
| 18 | | programs, extracurricular activities, subjects in which |
| 19 | | elective classes are offered, health and wellness |
| 20 | | initiatives (including the average number of days of |
| 21 | | Physical Education per week per student), approved |
| 22 | | programs of study, awards received, community |
| 23 | | partnerships, and special programs such as programming for |
| 24 | | the gifted and talented, students with disabilities, and |
| 25 | | work-study students; |
| 26 | | (C) student outcomes, including, where applicable, the |
|
| | HB5501 | - 878 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | percentage of students deemed proficient on assessments of |
| 2 | | State standards, the percentage of students in the eighth |
| 3 | | grade who pass Algebra, the percentage of students who |
| 4 | | participated in workplace learning experiences, the |
| 5 | | percentage of students enrolled in post-secondary |
| 6 | | institutions (including colleges, universities, community |
| 7 | | colleges, trade/vocational schools, and training programs |
| 8 | | leading to career certification within 2 semesters of high |
| 9 | | school graduation), the percentage of students graduating |
| 10 | | from high school who are college and career ready, and the |
| 11 | | percentage of graduates enrolled in community colleges, |
| 12 | | colleges, and universities who are in one or more courses |
| 13 | | that the community college, college, or university |
| 14 | | identifies as a developmental course; |
| 15 | | (D) student progress, including, where applicable, the |
| 16 | | percentage of students in the ninth grade who have earned |
| 17 | | 5 credits or more without failing more than one core |
| 18 | | class, a measure of students entering kindergarten ready |
| 19 | | to learn, a measure of growth, and the percentage of |
| 20 | | students who enter high school on track for college and |
| 21 | | career readiness; |
| 22 | | (E) the school environment, including, where |
| 23 | | applicable, high school dropout rate by grade level, the |
| 24 | | percentage of students with less than 10 absences in a |
| 25 | | school year, the percentage of teachers with less than 10 |
| 26 | | absences in a school year for reasons other than |
|
| | HB5501 | - 879 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | professional development, leaves taken pursuant to the |
| 2 | | federal Family Medical Leave Act of 1993, long-term |
| 3 | | disability, or parental leaves, the 3-year average of the |
| 4 | | percentage of teachers returning to the school from the |
| 5 | | previous year, the number of different principals at the |
| 6 | | school in the last 6 years, the number of teachers who hold |
| 7 | | a gifted education endorsement, the process and criteria |
| 8 | | used by the district to determine whether a student is |
| 9 | | eligible for participation in a gifted education program |
| 10 | | or advanced academic program and the manner in which |
| 11 | | parents and guardians are made aware of the process and |
| 12 | | criteria, the number of teachers who are National Board |
| 13 | | Certified Teachers, disaggregated by race and ethnicity, 2 |
| 14 | | or more indicators from any school climate survey selected |
| 15 | | or approved by the State and administered pursuant to |
| 16 | | Section 2-3.153 of this Code, with the same or similar |
| 17 | | indicators included on school report cards for all surveys |
| 18 | | selected or approved by the State pursuant to Section |
| 19 | | 2-3.153 of this Code, the combined percentage of teachers |
| 20 | | rated as proficient or excellent in their most recent |
| 21 | | evaluation, and, beginning with the 2022-2023 school year, |
| 22 | | data on the number of incidents of violence that occurred |
| 23 | | on school grounds or during school-related activities and |
| 24 | | that resulted in an out-of-school suspension, expulsion, |
| 25 | | or removal to an alternative setting, as reported pursuant |
| 26 | | to Section 2-3.162; |
|
| | HB5501 | - 880 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (F) a school district's and its individual schools' |
| 2 | | balanced accountability measure, in accordance with |
| 3 | | Section 2-3.25a of this Code; |
| 4 | | (G) the total and per pupil normal cost amount the |
| 5 | | State contributed to the Teachers' Retirement System of |
| 6 | | the State of Illinois in the prior fiscal year for the |
| 7 | | school's employees, which shall be reported to the State |
| 8 | | Board of Education by the Teachers' Retirement System of |
| 9 | | the State of Illinois; |
| 10 | | (H) for a school district organized under Article 34 |
| 11 | | of this Code only, State contributions to the Public |
| 12 | | School Teachers' Pension and Retirement Fund of Chicago |
| 13 | | and State contributions for health care for employees of |
| 14 | | that school district; |
| 15 | | (I) a school district's Final Percent of Adequacy, as |
| 16 | | defined in paragraph (4) of subsection (f) of Section |
| 17 | | 18-8.15 of this Code; |
| 18 | | (J) a school district's Local Capacity Target, as |
| 19 | | defined in paragraph (2) of subsection (c) of Section |
| 20 | | 18-8.15 of this Code, displayed as a percentage amount; |
| 21 | | (K) a school district's Real Receipts, as defined in |
| 22 | | paragraph (1) of subsection (d) of Section 18-8.15 of this |
| 23 | | Code, divided by a school district's Adequacy Target, as |
| 24 | | defined in paragraph (1) of subsection (b) of Section |
| 25 | | 18-8.15 of this Code, displayed as a percentage amount; |
| 26 | | (L) a school district's administrative costs; |
|
| | HB5501 | - 881 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (M) whether or not the school has participated in the |
| 2 | | Illinois Youth Survey. In this paragraph (M), "Illinois |
| 3 | | Youth Survey" means a self-report survey, administered in |
| 4 | | school settings every 2 years, designed to gather |
| 5 | | information about health and social indicators, including |
| 6 | | substance abuse patterns and the attitudes of students in |
| 7 | | grades 8, 10, and 12; and |
| 8 | | (N) whether the school offered its students career and |
| 9 | | technical education opportunities. |
| 10 | | The school report card shall also provide
information that |
| 11 | | allows for comparing the current outcome, progress, and |
| 12 | | environment data to the State average, to the school data from |
| 13 | | the past 5 years, and to the outcomes, progress, and |
| 14 | | environment of similar schools based on the type of school and |
| 15 | | enrollment of low-income students, special education students, |
| 16 | | and English learners.
|
| 17 | | As used in this subsection (2): |
| 18 | | "Administrative costs" means costs associated with |
| 19 | | executive, administrative, or managerial functions within the |
| 20 | | school district that involve planning, organizing, managing, |
| 21 | | or directing the school district. |
| 22 | | "Advanced academic program" means a course of study to |
| 23 | | which students are assigned based on advanced cognitive |
| 24 | | ability or advanced academic achievement compared to local age |
| 25 | | peers and in which the curriculum is substantially |
| 26 | | differentiated from the general curriculum to provide |
|
| | HB5501 | - 882 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | appropriate challenge and pace. |
| 2 | | "Computer science" means the study of computers and |
| 3 | | algorithms, including their principles, their hardware and |
| 4 | | software designs, their implementation, and their impact on |
| 5 | | society. "Computer science" does not include the study of |
| 6 | | everyday uses of computers and computer applications, such as |
| 7 | | keyboarding or accessing the Internet. |
| 8 | | "Gifted education" means educational services, including |
| 9 | | differentiated curricula and instructional methods, designed |
| 10 | | to meet the needs of gifted children as defined in Article 14A |
| 11 | | of this Code. |
| 12 | | For the purposes of paragraph (A) of this subsection (2), |
| 13 | | "average daily attendance" means the average of the actual |
| 14 | | number of attendance days during the previous school year for |
| 15 | | any enrolled student who is subject to compulsory attendance |
| 16 | | by Section 26-1 of this Code at each school and charter school. |
| 17 | | (3) At the discretion of the State Superintendent, the |
| 18 | | school district report card shall include a subset of the |
| 19 | | information identified in paragraphs (A) through (E) of |
| 20 | | subsection (2) of this Section, as well as information |
| 21 | | relating to the operating expense per pupil and other finances |
| 22 | | of the school district, and the State report card shall |
| 23 | | include a subset of the information identified in paragraphs |
| 24 | | (A) through (E) and paragraph (N) of subsection (2) of this |
| 25 | | Section. The school district report card shall include the |
| 26 | | average daily attendance, as that term is defined in |
|
| | HB5501 | - 883 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | subsection (2) of this Section, of students who have |
| 2 | | individualized education programs and students who have 504 |
| 3 | | plans that provide for special education services within the |
| 4 | | school district. |
| 5 | | (4) Notwithstanding anything to the contrary in this |
| 6 | | Section, in consultation with key education stakeholders, the |
| 7 | | State Superintendent shall at any time have the discretion to |
| 8 | | amend or update any and all metrics on the school, district, or |
| 9 | | State report card. |
| 10 | | (5) Annually, no more than 30 calendar days after receipt |
| 11 | | of the school district and school report cards from the State |
| 12 | | Superintendent of Education, each school district, including |
| 13 | | special charter districts and districts subject to the |
| 14 | | provisions of Article 34, shall present such report
cards at a |
| 15 | | regular school board meeting subject to
applicable notice |
| 16 | | requirements, post the report cards
on the
school district's |
| 17 | | Internet web site, if the district maintains an Internet web
|
| 18 | | site, make the report cards
available
to a newspaper of |
| 19 | | general circulation serving the district, and, upon
request, |
| 20 | | send the report cards
home to a parent (unless the district |
| 21 | | does not maintain an Internet web site,
in which case
the |
| 22 | | report card shall be sent home to parents without request). If |
| 23 | | the
district posts the report card on its Internet web
site, |
| 24 | | the district
shall send a
written notice home to parents |
| 25 | | stating (i) that the report card is available on
the web site,
|
| 26 | | (ii) the address of the web site, (iii) that a printed copy of |
|
| | HB5501 | - 884 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the report card
will be sent to
parents upon request, and (iv) |
| 2 | | the telephone number that parents may
call to
request a |
| 3 | | printed copy of the report card.
|
| 4 | | (6) Nothing contained in Public Act 98-648 repeals, |
| 5 | | supersedes, invalidates, or nullifies final decisions in |
| 6 | | lawsuits pending on July 1, 2014 (the effective date of Public |
| 7 | | Act 98-648) in Illinois courts involving the interpretation of |
| 8 | | Public Act 97-8. |
| 9 | | (Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19; |
| 10 | | 101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff. |
| 11 | | 1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, |
| 12 | | eff. 7-1-22; revised 10-18-21.)
|
| 13 | | (105 ILCS 5/10-20.73) |
| 14 | | Sec. 10-20.73. Modification of athletic or team uniform |
| 15 | | permitted. |
| 16 | | (a) A school board must allow a student athlete to modify |
| 17 | | his or her athletic or team uniform for the purpose of modesty |
| 18 | | in clothing or attire that is in accordance with the |
| 19 | | requirements of his or her religion or his or her cultural |
| 20 | | values or modesty preferences. The modification of the |
| 21 | | athletic or team uniform may include, but is not limited to, |
| 22 | | the wearing of a hijab, an undershirt, or leggings. If a |
| 23 | | student chooses to modify his or her athletic or team uniform, |
| 24 | | the student is responsible for all costs associated with the |
| 25 | | modification of the uniform and the student shall not be |
|
| | HB5501 | - 888 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 1st annually thereafter, each school district must report to |
| 2 | | the State Board of Education the information with regard to |
| 3 | | the school district as of October 1st of each year beginning in |
| 4 | | 2022 as described in subsection (b) of Section 2-3.182 of this |
| 5 | | Code and must make that information available on its website.
|
| 6 | | (Source: P.A. 102-302, eff. 1-1-22; revised 10-19-21.)
|
| 7 | | (105 ILCS 5/10-20.81)
|
| 8 | | (This Section may contain text from a Public Act with a |
| 9 | | delayed effective date) |
| 10 | | Sec. 10-20.81 10-20.75. Identification cards; suicide |
| 11 | | prevention information. Each school district that serves |
| 12 | | pupils in any of grades 6 through 12 and that issues an |
| 13 | | identification card to pupils in any of grades 6 through 12 |
| 14 | | shall provide contact information for the National Suicide |
| 15 | | Prevention Lifeline (988), the Crisis Text Line, and either |
| 16 | | the Safe2Help Illinois helpline or a local suicide prevention |
| 17 | | hotline or both on the identification card. The contact |
| 18 | | information shall identify each helpline that may be contacted |
| 19 | | through text messaging. The contact information shall be |
| 20 | | included in the school's student handbook and also the student |
| 21 | | planner if a student planner is custom printed by the school |
| 22 | | for distribution to pupils in any of grades 6 through 12.
|
| 23 | | (Source: P.A. 102-416, eff. 7-1-22; revised 10-19-21.)
|
| 24 | | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
|
|
| | HB5501 | - 889 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 10-21.9. Criminal history records checks and checks |
| 2 | | of the Statewide Sex Offender Database and Statewide Murderer |
| 3 | | and Violent Offender Against Youth Database.
|
| 4 | | (a) Licensed and nonlicensed applicants for employment |
| 5 | | with a school
district, except school bus driver applicants, |
| 6 | | are required as a condition
of employment to authorize a |
| 7 | | fingerprint-based criminal history records check to determine |
| 8 | | if such applicants have been convicted of any disqualifying, |
| 9 | | enumerated criminal or drug offenses in subsection (c) of this |
| 10 | | Section or
have been convicted, within 7 years of the |
| 11 | | application for employment with
the
school district, of any |
| 12 | | other felony under the laws of this State or of any
offense |
| 13 | | committed or attempted in any other state or against the laws |
| 14 | | of
the United States that, if committed or attempted in this |
| 15 | | State, would
have been punishable as a felony under the laws of |
| 16 | | this State.
Authorization for
the check shall be furnished by |
| 17 | | the applicant to
the school district, except that if the |
| 18 | | applicant is a substitute teacher
seeking employment in more |
| 19 | | than one school district, a teacher seeking
concurrent |
| 20 | | part-time employment positions with more than one school
|
| 21 | | district (as a reading specialist, special education teacher |
| 22 | | or otherwise),
or an educational support personnel employee |
| 23 | | seeking employment positions
with more than one district, any |
| 24 | | such district may require the applicant to
furnish |
| 25 | | authorization for
the check to the regional superintendent
of |
| 26 | | the educational service region in which are located the school |
|
| | HB5501 | - 890 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | districts
in which the applicant is seeking employment as a |
| 2 | | substitute or concurrent
part-time teacher or concurrent |
| 3 | | educational support personnel employee.
Upon receipt of this |
| 4 | | authorization, the school district or the appropriate
regional |
| 5 | | superintendent, as the case may be, shall submit the |
| 6 | | applicant's
name, sex, race, date of birth, social security |
| 7 | | number, fingerprint images, and other identifiers, as |
| 8 | | prescribed by the Illinois State Police, to the Illinois State |
| 9 | | Police. The regional
superintendent submitting the requisite |
| 10 | | information to the Illinois
State Police shall promptly notify |
| 11 | | the school districts in which the
applicant is seeking |
| 12 | | employment as a substitute or concurrent part-time
teacher or |
| 13 | | concurrent educational support personnel employee that
the
|
| 14 | | check of the applicant has been requested. The Illinois State |
| 15 | | Police and the Federal Bureau of Investigation shall furnish, |
| 16 | | pursuant to a fingerprint-based criminal history records |
| 17 | | check, records of convictions, forever and hereinafter, until |
| 18 | | expunged, to the president of the school board for the school |
| 19 | | district that requested the check, or to the regional |
| 20 | | superintendent who requested the check.
The Illinois State |
| 21 | | Police
shall charge
the school district
or the appropriate |
| 22 | | regional superintendent a fee for
conducting
such check, which |
| 23 | | fee shall be deposited in the State
Police Services Fund and |
| 24 | | shall not exceed the cost of
the inquiry; and the
applicant |
| 25 | | shall not be charged a fee for
such check by the school
|
| 26 | | district or by the regional superintendent, except that those |
|
| | HB5501 | - 891 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | applicants seeking employment as a substitute teacher with a |
| 2 | | school district may be charged a fee not to exceed the cost of |
| 3 | | the inquiry. Subject to appropriations for these purposes, the |
| 4 | | State Superintendent of Education shall reimburse school |
| 5 | | districts and regional superintendents for fees paid to obtain |
| 6 | | criminal history records checks under this Section.
|
| 7 | | (a-5) The school district or regional superintendent shall |
| 8 | | further perform a check of the Statewide Sex Offender |
| 9 | | Database, as authorized by the Sex Offender Community |
| 10 | | Notification Law, for each applicant. The check of the |
| 11 | | Statewide Sex Offender Database must be conducted by the |
| 12 | | school district or regional superintendent once for every 5 |
| 13 | | years that an applicant remains employed by the school |
| 14 | | district. |
| 15 | | (a-6) The school district or regional superintendent shall |
| 16 | | further perform a check of the Statewide Murderer and Violent |
| 17 | | Offender Against Youth Database, as authorized by the Murderer |
| 18 | | and Violent Offender Against Youth Community Notification Law, |
| 19 | | for each applicant. The check of the Murderer and Violent |
| 20 | | Offender Against Youth Database must be conducted by the |
| 21 | | school district or regional superintendent once for every 5 |
| 22 | | years that an applicant remains employed by the school |
| 23 | | district. |
| 24 | | (b)
Any information
concerning the record of convictions |
| 25 | | obtained by the president of the
school board or the regional |
| 26 | | superintendent shall be confidential and may
only be |
|
| | HB5501 | - 892 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | transmitted to the superintendent of the school district or |
| 2 | | his
designee, the appropriate regional superintendent if
the |
| 3 | | check was
requested by the school district, the presidents of |
| 4 | | the appropriate school
boards if
the check was requested from |
| 5 | | the Illinois State
Police by the regional superintendent, the |
| 6 | | State Board of Education and a school district as authorized |
| 7 | | under subsection (b-5), the State Superintendent of
Education, |
| 8 | | the State Educator Preparation and Licensure Board, any other |
| 9 | | person
necessary to the decision of hiring the applicant for |
| 10 | | employment, or for clarification purposes the Illinois State |
| 11 | | Police or Statewide Sex Offender Database, or both. A copy
of |
| 12 | | the record of convictions obtained from the Illinois State |
| 13 | | Police
shall be provided to the applicant for employment. Upon |
| 14 | | the check of the Statewide Sex Offender Database or Statewide |
| 15 | | Murderer and Violent Offender Against Youth Database, the |
| 16 | | school district or regional superintendent shall notify an |
| 17 | | applicant as to whether or not the applicant has been |
| 18 | | identified in the Database. If a check of
an applicant for |
| 19 | | employment as a substitute or concurrent part-time teacher
or |
| 20 | | concurrent educational support personnel employee in more than |
| 21 | | one
school district was requested by the regional |
| 22 | | superintendent, and the Illinois
State Police upon a check |
| 23 | | ascertains that the applicant
has not been convicted of any of |
| 24 | | the enumerated criminal or drug offenses
in subsection (c) of |
| 25 | | this Section
or has not been convicted, within 7 years of the
|
| 26 | | application for
employment with the
school district, of any |
|
| | HB5501 | - 893 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | other felony under the laws of this State or of any
offense |
| 2 | | committed or attempted in any other state or against the laws |
| 3 | | of
the United States that, if committed or attempted in this |
| 4 | | State, would
have been punishable as a felony under the laws of |
| 5 | | this State
and so notifies the regional
superintendent and if |
| 6 | | the regional superintendent upon a check ascertains that the |
| 7 | | applicant has not been identified in the Sex Offender Database |
| 8 | | or Statewide Murderer and Violent Offender Against Youth |
| 9 | | Database, then the
regional superintendent shall issue to the |
| 10 | | applicant a certificate
evidencing that as of the date |
| 11 | | specified by the Illinois State Police
the applicant has not |
| 12 | | been convicted of any of the enumerated criminal or
drug |
| 13 | | offenses in subsection (c) of this Section
or has not been
|
| 14 | | convicted, within 7 years of the application for employment |
| 15 | | with the
school district, of any other felony under the laws of |
| 16 | | this State or of any
offense committed or attempted in any |
| 17 | | other state or against the laws of
the United States that, if |
| 18 | | committed or attempted in this State, would
have been |
| 19 | | punishable as a felony under the laws of this State and |
| 20 | | evidencing that as of the date that the regional |
| 21 | | superintendent conducted a check of the Statewide Sex Offender |
| 22 | | Database or Statewide Murderer and Violent Offender Against |
| 23 | | Youth Database, the applicant has not been identified in the |
| 24 | | Database. The school
board of
any
school district
may rely on |
| 25 | | the
certificate issued by any regional superintendent to that |
| 26 | | substitute teacher, concurrent part-time teacher, or |
|
| | HB5501 | - 894 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | concurrent educational support personnel employee or may
|
| 2 | | initiate its own criminal history records check of the |
| 3 | | applicant through the Illinois
State Police and its own check |
| 4 | | of the Statewide Sex Offender Database or Statewide Murderer |
| 5 | | and Violent Offender Against Youth Database as provided in |
| 6 | | this Section. Any unauthorized release of confidential |
| 7 | | information may be a violation of Section 7 of the Criminal |
| 8 | | Identification Act.
|
| 9 | | (b-5) If a criminal history records check or check of the |
| 10 | | Statewide Sex Offender Database or Statewide Murderer and |
| 11 | | Violent Offender Against Youth Database is performed by a |
| 12 | | regional superintendent for an applicant seeking employment as |
| 13 | | a substitute teacher with a school district, the regional |
| 14 | | superintendent may disclose to the State Board of Education |
| 15 | | whether the applicant has been issued a certificate under |
| 16 | | subsection (b) based on those checks. If the State Board |
| 17 | | receives information on an applicant under this subsection, |
| 18 | | then it must indicate in the Educator Licensure Information |
| 19 | | System for a 90-day period that the applicant has been issued |
| 20 | | or has not been issued a certificate. |
| 21 | | (c) No school board shall knowingly employ a person who |
| 22 | | has been
convicted of any offense that would subject him or her |
| 23 | | to license suspension or revocation pursuant to Section 21B-80 |
| 24 | | of this Code, except as provided under subsection (b) of |
| 25 | | Section 21B-80.
Further, no school board shall knowingly |
| 26 | | employ a person who has been found
to be the perpetrator of |
|
| | HB5501 | - 895 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | sexual or physical abuse of any minor under 18 years
of age |
| 2 | | pursuant to proceedings under Article II of the Juvenile Court |
| 3 | | Act of
1987. As a condition of employment, each school board |
| 4 | | must consider the status of a person who has been issued an |
| 5 | | indicated finding of abuse or neglect of a child by the |
| 6 | | Department of Children and Family Services under the Abused |
| 7 | | and Neglected Child Reporting Act or by a child welfare agency |
| 8 | | of another jurisdiction.
|
| 9 | | (d) No school board shall knowingly employ a person for |
| 10 | | whom a criminal
history records check and a Statewide Sex |
| 11 | | Offender Database check have not been initiated.
|
| 12 | | (e) Within 10 days after a superintendent, regional office |
| 13 | | of education, or entity that provides background checks of |
| 14 | | license holders to public schools receives information of a |
| 15 | | pending criminal charge against a license holder for an |
| 16 | | offense set forth in Section 21B-80 of this Code, the |
| 17 | | superintendent, regional office of education, or entity must |
| 18 | | notify the State Superintendent of Education of the pending |
| 19 | | criminal charge. |
| 20 | | If permissible by federal or State law, no later than 15 |
| 21 | | business days after receipt of a record of conviction or of |
| 22 | | checking the Statewide Murderer and Violent Offender Against |
| 23 | | Youth Database or the Statewide Sex Offender Database and |
| 24 | | finding a registration, the superintendent of the employing |
| 25 | | school board or the applicable regional superintendent shall, |
| 26 | | in writing, notify the State Superintendent of Education of |
|
| | HB5501 | - 896 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any license holder who has been convicted of a crime set forth |
| 2 | | in Section 21B-80 of this Code. Upon receipt of the record of a |
| 3 | | conviction of or a finding of child
abuse by a holder of any |
| 4 | | license
issued pursuant to Article 21B or Section 34-8.1 or |
| 5 | | 34-83 of the
School Code, the
State Superintendent of |
| 6 | | Education may initiate licensure suspension
and revocation |
| 7 | | proceedings as authorized by law. If the receipt of the record |
| 8 | | of conviction or finding of child abuse is received within 6 |
| 9 | | months after the initial grant of or renewal of a license, the |
| 10 | | State Superintendent of Education may rescind the license |
| 11 | | holder's license.
|
| 12 | | (e-5) The superintendent of the employing school board |
| 13 | | shall, in writing, notify the State Superintendent of |
| 14 | | Education and the applicable regional superintendent of |
| 15 | | schools of any license holder whom he or she has reasonable |
| 16 | | cause to believe has committed an intentional act of abuse or |
| 17 | | neglect with the result of making a child an abused child or a |
| 18 | | neglected child, as defined in Section 3 of the Abused and |
| 19 | | Neglected Child Reporting Act, and that act resulted in the |
| 20 | | license holder's dismissal or resignation from the school |
| 21 | | district. This notification must be submitted within 30 days |
| 22 | | after the dismissal or resignation and must include the |
| 23 | | Illinois Educator Identification Number (IEIN) of the license |
| 24 | | holder and a brief description of the misconduct alleged. The |
| 25 | | license holder must also be contemporaneously sent a copy of |
| 26 | | the notice by the superintendent. All correspondence, |
|
| | HB5501 | - 897 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | documentation, and other information so received by the |
| 2 | | regional superintendent of schools, the State Superintendent |
| 3 | | of Education, the State Board of Education, or the State |
| 4 | | Educator Preparation and Licensure Board under this subsection |
| 5 | | (e-5) is confidential and must not be disclosed to third |
| 6 | | parties, except (i) as necessary for the State Superintendent |
| 7 | | of Education or his or her designee to investigate and |
| 8 | | prosecute pursuant to Article 21B of this Code, (ii) pursuant |
| 9 | | to a court order, (iii) for disclosure to the license holder or |
| 10 | | his or her representative, or (iv) as otherwise provided in |
| 11 | | this Article and provided that any such information admitted |
| 12 | | into evidence in a hearing is exempt from this confidentiality |
| 13 | | and non-disclosure requirement. Except for an act of willful |
| 14 | | or wanton misconduct, any superintendent who provides |
| 15 | | notification as required in this subsection (e-5) shall have |
| 16 | | immunity from any liability, whether civil or criminal or that |
| 17 | | otherwise might result by reason of such action. |
| 18 | | (f) After January 1, 1990 the provisions of this Section |
| 19 | | shall apply
to all employees of persons or firms holding |
| 20 | | contracts with any school
district including, but not limited |
| 21 | | to, food service workers, school bus
drivers and other |
| 22 | | transportation employees, who have direct, daily contact
with |
| 23 | | the pupils of any school in such district. For purposes of |
| 24 | | criminal
history records checks and checks of the Statewide |
| 25 | | Sex Offender Database on employees of persons or firms holding
|
| 26 | | contracts with more than one school district and assigned to |
|
| | HB5501 | - 898 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | more than one
school district, the regional superintendent of |
| 2 | | the educational service
region in which the contracting school |
| 3 | | districts are located may, at the
request of any such school |
| 4 | | district, be responsible for receiving the
authorization for
a |
| 5 | | criminal history records check prepared by each such employee |
| 6 | | and
submitting the same to the Illinois State Police and for |
| 7 | | conducting a check of the Statewide Sex Offender Database for |
| 8 | | each employee. Any information
concerning the record of |
| 9 | | conviction and identification as a sex offender of any such |
| 10 | | employee obtained by the
regional superintendent shall be |
| 11 | | promptly reported to the president of the
appropriate school |
| 12 | | board or school boards.
|
| 13 | | (f-5) Upon request of a school or school district, any |
| 14 | | information obtained by a school district pursuant to |
| 15 | | subsection (f) of this Section within the last year must be |
| 16 | | made available to the requesting school or school district. |
| 17 | | (g) Prior to the commencement of any student teaching |
| 18 | | experience or required internship (which is referred to as |
| 19 | | student teaching in this Section) in the public schools, a |
| 20 | | student teacher is required to authorize a fingerprint-based |
| 21 | | criminal history records check. Authorization for and payment |
| 22 | | of the costs of the check must be furnished by the student |
| 23 | | teacher to the school district where the student teaching is |
| 24 | | to be completed. Upon receipt of this authorization and |
| 25 | | payment, the school district shall submit the student |
| 26 | | teacher's name, sex, race, date of birth, social security |
|
| | HB5501 | - 899 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | number, fingerprint images, and other identifiers, as |
| 2 | | prescribed by the Illinois State Police, to the Illinois State |
| 3 | | Police. The Illinois State Police and the Federal Bureau of |
| 4 | | Investigation shall furnish, pursuant to a fingerprint-based |
| 5 | | criminal history records check, records of convictions, |
| 6 | | forever and hereinafter, until expunged, to the president of |
| 7 | | the school board for the school district that requested the |
| 8 | | check. The Illinois State Police shall charge the school |
| 9 | | district a fee for conducting the check, which fee must not |
| 10 | | exceed the cost of the inquiry and must be deposited into the |
| 11 | | State Police Services Fund. The school district shall further |
| 12 | | perform a check of the Statewide Sex Offender Database, as |
| 13 | | authorized by the Sex Offender Community Notification Law, and |
| 14 | | of the Statewide Murderer and Violent Offender Against Youth |
| 15 | | Database, as authorized by the Murderer and Violent Offender |
| 16 | | Against Youth Registration Act, for each student teacher. No |
| 17 | | school board may knowingly allow a person to student teach for |
| 18 | | whom a criminal history records check, a Statewide Sex |
| 19 | | Offender Database check, and a Statewide Murderer and Violent |
| 20 | | Offender Against Youth Database check have not been completed |
| 21 | | and reviewed by the district. |
| 22 | | A copy of the record of convictions obtained from the |
| 23 | | Illinois State Police must be provided to the student teacher. |
| 24 | | Any information concerning the record of convictions obtained |
| 25 | | by the president of the school board is confidential and may |
| 26 | | only be transmitted to the superintendent of the school |
|
| | HB5501 | - 900 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | district or his or her designee, the State Superintendent of |
| 2 | | Education, the State Educator Preparation and Licensure Board, |
| 3 | | or, for clarification purposes, the Illinois State Police or |
| 4 | | the Statewide Sex Offender Database or Statewide Murderer and |
| 5 | | Violent Offender Against Youth Database. Any unauthorized |
| 6 | | release of confidential information may be a violation of |
| 7 | | Section 7 of the Criminal Identification Act. |
| 8 | | No school board shall knowingly allow a person to student |
| 9 | | teach who has been convicted of any offense that would subject |
| 10 | | him or her to license suspension or revocation pursuant to |
| 11 | | subsection (c) of Section 21B-80 of this Code, except as |
| 12 | | provided under subsection (b) of Section 21B-80. Further, no |
| 13 | | school board shall allow a person to student teach if he or she |
| 14 | | has been found to be the perpetrator of sexual or physical |
| 15 | | abuse of a minor under 18 years of age pursuant to proceedings |
| 16 | | under Article II of the Juvenile Court Act of 1987. Each school |
| 17 | | board must consider the status of a person to student teach who |
| 18 | | has been issued an indicated finding of abuse or neglect of a |
| 19 | | child by the Department of Children and Family Services under |
| 20 | | the Abused and Neglected Child Reporting Act or by a child |
| 21 | | welfare agency of another jurisdiction. |
| 22 | | (h) (Blank). |
| 23 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; |
| 24 | | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. |
| 25 | | 1-1-22; revised 10-6-21.)
|
|
| | HB5501 | - 901 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (105 ILCS 5/10-22.3f)
|
| 2 | | Sec. 10-22.3f. Required health benefits. Insurance |
| 3 | | protection and
benefits
for employees shall provide the |
| 4 | | post-mastectomy care benefits required to be
covered by a |
| 5 | | policy of accident and health insurance under Section 356t and |
| 6 | | the
coverage required under Sections 356g, 356g.5, 356g.5-1, |
| 7 | | 356q, 356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.11, |
| 8 | | 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, |
| 9 | | 356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, |
| 10 | | 356z.41, 356z.45, 356z.46, 356z.47, and 356z.51 and 356z.43 of
|
| 11 | | the
Illinois Insurance Code.
Insurance policies shall comply |
| 12 | | with Section 356z.19 of the Illinois Insurance Code. The |
| 13 | | coverage shall comply with Sections 155.22a, 355b, and 370c of
|
| 14 | | the Illinois Insurance Code. The Department of Insurance shall |
| 15 | | enforce the requirements of this Section.
|
| 16 | | Rulemaking authority to implement Public Act 95-1045, if |
| 17 | | any, is conditioned on the rules being adopted in accordance |
| 18 | | with all provisions of the Illinois Administrative Procedure |
| 19 | | Act and all rules and procedures of the Joint Committee on |
| 20 | | Administrative Rules; any purported rule not so adopted, for |
| 21 | | whatever reason, is unauthorized. |
| 22 | | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; |
| 23 | | 101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff. |
| 24 | | 1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203, |
| 25 | | eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22; |
| 26 | | 102-665, eff. 10-8-21; revised 10-27-21.)
|
|
| | HB5501 | - 902 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
|
| 2 | | (Text of Section before amendment by P.A. 102-466)
|
| 3 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
| 4 | | searches.
|
| 5 | | (a) To expel pupils guilty of gross disobedience or |
| 6 | | misconduct, including gross disobedience or misconduct |
| 7 | | perpetuated by electronic means, pursuant to subsection (b-20) |
| 8 | | of this Section, and
no action shall lie against them for such |
| 9 | | expulsion. Expulsion shall
take place only after the parents |
| 10 | | have been requested to appear at a
meeting of the board, or |
| 11 | | with a hearing officer appointed by it, to
discuss their |
| 12 | | child's behavior. Such request shall be made by registered
or |
| 13 | | certified mail and shall state the time, place and purpose of |
| 14 | | the
meeting. The board, or a hearing officer appointed by it, |
| 15 | | at such
meeting shall state the reasons for dismissal and the |
| 16 | | date on which the
expulsion is to become effective. If a |
| 17 | | hearing officer is appointed by
the board, he shall report to |
| 18 | | the board a written summary of the evidence
heard at the |
| 19 | | meeting and the board may take such action thereon as it
finds |
| 20 | | appropriate. If the board acts to expel a pupil, the written |
| 21 | | expulsion decision shall detail the specific reasons why |
| 22 | | removing the pupil from the learning environment is in the |
| 23 | | best interest of the school. The expulsion decision shall also |
| 24 | | include a rationale as to the specific duration of the |
| 25 | | expulsion. An expelled pupil may be immediately transferred to |
|
| | HB5501 | - 903 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | an alternative program in the manner provided in Article 13A |
| 2 | | or 13B of this Code. A pupil must not be denied transfer |
| 3 | | because of the expulsion, except in cases in which such |
| 4 | | transfer is deemed to cause a threat to the safety of students |
| 5 | | or staff in the alternative program.
|
| 6 | | (b) To suspend or by policy to authorize the |
| 7 | | superintendent of
the district or the principal, assistant |
| 8 | | principal, or dean of students
of any school to suspend pupils |
| 9 | | guilty of gross disobedience or misconduct, or
to suspend |
| 10 | | pupils guilty of gross disobedience or misconduct on the |
| 11 | | school bus
from riding the school bus, pursuant to subsections |
| 12 | | (b-15) and (b-20) of this Section, and no action
shall lie |
| 13 | | against them for such suspension. The board may by policy
|
| 14 | | authorize the superintendent of the district or the principal, |
| 15 | | assistant
principal, or dean of students of any
school to |
| 16 | | suspend pupils guilty of such acts for a period not to exceed
|
| 17 | | 10 school days. If a pupil is suspended due to gross |
| 18 | | disobedience or misconduct
on a school bus, the board may |
| 19 | | suspend the pupil in excess of 10
school
days for safety |
| 20 | | reasons. |
| 21 | | Any suspension shall be reported immediately to the
|
| 22 | | parents or guardian of a pupil along with a full statement of |
| 23 | | the
reasons for such suspension and a notice of their right to |
| 24 | | a review. The school board must be given a summary of the |
| 25 | | notice, including the reason for the suspension and the |
| 26 | | suspension length. Upon request of the
parents or guardian, |
|
| | HB5501 | - 904 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the school board or a hearing officer appointed by
it shall |
| 2 | | review such action of the superintendent or principal, |
| 3 | | assistant
principal, or dean of students. At such
review, the |
| 4 | | parents or guardian of the pupil may appear and discuss the
|
| 5 | | suspension with the board or its hearing officer. If a hearing |
| 6 | | officer
is appointed by the board, he shall report to the board |
| 7 | | a written summary
of the evidence heard at the meeting. After |
| 8 | | its hearing or upon receipt
of the written report of its |
| 9 | | hearing officer, the board may take such
action as it finds |
| 10 | | appropriate. If a student is suspended pursuant to this |
| 11 | | subsection (b), the board shall, in the written suspension |
| 12 | | decision, detail the specific act of gross disobedience or |
| 13 | | misconduct resulting in the decision to suspend. The |
| 14 | | suspension decision shall also include a rationale as to the |
| 15 | | specific duration of the suspension. A pupil who is suspended |
| 16 | | in excess of 20 school days may be immediately transferred to |
| 17 | | an alternative program in the manner provided in Article 13A |
| 18 | | or 13B of this Code. A pupil must not be denied transfer |
| 19 | | because of the suspension, except in cases in which such |
| 20 | | transfer is deemed to cause a threat to the safety of students |
| 21 | | or staff in the alternative program.
|
| 22 | | (b-5) Among the many possible disciplinary interventions |
| 23 | | and consequences available to school officials, school |
| 24 | | exclusions, such as out-of-school suspensions and expulsions, |
| 25 | | are the most serious. School officials shall limit the number |
| 26 | | and duration of expulsions and suspensions to the greatest |
|
| | HB5501 | - 905 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | extent practicable, and it is recommended that they use them |
| 2 | | only for legitimate educational purposes. To ensure that |
| 3 | | students are not excluded from school unnecessarily, it is |
| 4 | | recommended that school officials consider forms of |
| 5 | | non-exclusionary discipline prior to using out-of-school |
| 6 | | suspensions or expulsions. |
| 7 | | (b-10) Unless otherwise required by federal law or this |
| 8 | | Code, school boards may not institute zero-tolerance policies |
| 9 | | by which school administrators are required to suspend or |
| 10 | | expel students for particular behaviors. |
| 11 | | (b-15) Out-of-school suspensions of 3 days or less may be |
| 12 | | used only if the student's continuing presence in school would |
| 13 | | pose a threat to school safety or a disruption to other |
| 14 | | students' learning opportunities. For purposes of this |
| 15 | | subsection (b-15), "threat to school safety or a disruption to |
| 16 | | other students' learning opportunities" shall be determined on |
| 17 | | a case-by-case basis by the school board or its designee. |
| 18 | | School officials shall make all reasonable efforts to resolve |
| 19 | | such threats, address such disruptions, and minimize the |
| 20 | | length of suspensions to the greatest extent practicable. |
| 21 | | (b-20) Unless otherwise required by this Code, |
| 22 | | out-of-school suspensions of longer than 3 days, expulsions, |
| 23 | | and disciplinary removals to alternative schools may be used |
| 24 | | only if other appropriate and available behavioral and |
| 25 | | disciplinary interventions have been exhausted and the |
| 26 | | student's continuing presence in school would either (i) pose |
|
| | HB5501 | - 906 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a
threat to the safety of other students, staff, or members of
|
| 2 | | the school community or (ii) substantially disrupt, impede, or
|
| 3 | | interfere with the operation of the school. For purposes of |
| 4 | | this subsection (b-20), "threat to the safety of other |
| 5 | | students, staff, or members of the school community" and |
| 6 | | "substantially disrupt, impede, or interfere with the |
| 7 | | operation of the school" shall be determined on a case-by-case |
| 8 | | basis by school officials. For purposes of this subsection |
| 9 | | (b-20), the determination of whether "appropriate and |
| 10 | | available behavioral and disciplinary interventions have been |
| 11 | | exhausted" shall be made by school officials. School officials |
| 12 | | shall make all reasonable efforts to resolve such threats, |
| 13 | | address such disruptions, and minimize the length of student |
| 14 | | exclusions to the greatest extent practicable. Within the |
| 15 | | suspension decision described in subsection (b) of this |
| 16 | | Section or the expulsion decision described in subsection (a) |
| 17 | | of this Section, it shall be documented whether other |
| 18 | | interventions were attempted or whether it was determined that |
| 19 | | there were no other appropriate and available interventions. |
| 20 | | (b-25) Students who are suspended out-of-school for longer |
| 21 | | than 4 school days shall be provided appropriate and available |
| 22 | | support services during the period of their suspension. For |
| 23 | | purposes of this subsection (b-25), "appropriate and available |
| 24 | | support services" shall be determined by school authorities. |
| 25 | | Within the suspension decision described in subsection (b) of |
| 26 | | this Section, it shall be documented whether such services are |
|
| | HB5501 | - 907 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to be provided or whether it was determined that there are no |
| 2 | | such appropriate and available services. |
| 3 | | A school district may refer students who are expelled to |
| 4 | | appropriate and available support services. |
| 5 | | A school district shall create a policy to facilitate the |
| 6 | | re-engagement of students who are suspended out-of-school, |
| 7 | | expelled, or returning from an alternative school setting. |
| 8 | | (b-30) A school district shall create a policy by which |
| 9 | | suspended pupils, including those pupils suspended from the |
| 10 | | school bus who do not have alternate transportation to school, |
| 11 | | shall have the opportunity to make up work for equivalent |
| 12 | | academic credit. It shall be the responsibility of a pupil's |
| 13 | | parent or guardian to notify school officials that a pupil |
| 14 | | suspended from the school bus does not have alternate |
| 15 | | transportation to school. |
| 16 | | (c) A school board must invite a representative from a |
| 17 | | local mental health agency to consult with the board at the |
| 18 | | meeting whenever there is evidence that mental illness may be |
| 19 | | the cause of a student's expulsion or suspension.
|
| 20 | | (c-5) School districts shall make reasonable efforts to |
| 21 | | provide ongoing professional development to teachers, |
| 22 | | administrators, school board members, school resource |
| 23 | | officers, and staff on the adverse consequences of school |
| 24 | | exclusion and justice-system involvement, effective classroom |
| 25 | | management strategies, culturally responsive discipline, the |
| 26 | | appropriate and available supportive services for the |
|
| | HB5501 | - 908 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | promotion of student attendance and engagement, and |
| 2 | | developmentally appropriate disciplinary methods that promote |
| 3 | | positive and healthy school climates. |
| 4 | | (d) The board may expel a student for a definite period of |
| 5 | | time not to
exceed 2 calendar years, as determined on a |
| 6 | | case-by-case basis.
A student who
is determined to have |
| 7 | | brought one of the following objects to school, any |
| 8 | | school-sponsored activity
or event, or any activity or event |
| 9 | | that bears a reasonable relationship to school shall be |
| 10 | | expelled for a period of not less than
one year: |
| 11 | | (1) A firearm. For the purposes of this Section, |
| 12 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
| 13 | | by Section 921 of Title 18 of the United States Code, |
| 14 | | firearm as defined in Section 1.1 of the Firearm Owners |
| 15 | | Identification Card Act, or firearm as defined in Section |
| 16 | | 24-1 of the Criminal Code of 2012. The expulsion period |
| 17 | | under this subdivision (1) may be modified by the |
| 18 | | superintendent, and the superintendent's determination may |
| 19 | | be modified by the board on a case-by-case basis. |
| 20 | | (2) A knife, brass knuckles or other knuckle weapon |
| 21 | | regardless of its composition, a billy club, or any other |
| 22 | | object if used or attempted to be used to cause bodily |
| 23 | | harm, including "look alikes" of any firearm as defined in |
| 24 | | subdivision (1) of this subsection (d). The expulsion |
| 25 | | requirement under this subdivision (2) may be modified by |
| 26 | | the superintendent, and the superintendent's determination |
|
| | HB5501 | - 909 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | may be modified by the board on a case-by-case basis. |
| 2 | | Expulsion
or suspension
shall be construed in a
manner |
| 3 | | consistent with the federal Individuals with Disabilities |
| 4 | | Education
Act. A student who is subject to suspension or |
| 5 | | expulsion as provided in this
Section may be eligible for a |
| 6 | | transfer to an alternative school program in
accordance with |
| 7 | | Article 13A of the School Code.
|
| 8 | | (d-5) The board may suspend or by regulation
authorize the |
| 9 | | superintendent of the district or the principal, assistant
|
| 10 | | principal, or dean of students of any
school to suspend a |
| 11 | | student for a period not to exceed
10 school days or may expel |
| 12 | | a student for a definite period of time not to
exceed 2 |
| 13 | | calendar years, as determined on a case-by-case basis, if (i) |
| 14 | | that student has been determined to have made an explicit |
| 15 | | threat on an Internet website against a school employee, a |
| 16 | | student, or any school-related personnel, (ii) the Internet |
| 17 | | website through which the threat was made is a site that was |
| 18 | | accessible within the school at the time the threat was made or |
| 19 | | was available to third parties who worked or studied within |
| 20 | | the school grounds at the time the threat was made, and (iii) |
| 21 | | the threat could be reasonably interpreted as threatening to |
| 22 | | the safety and security of the threatened individual because |
| 23 | | of his or her duties or employment status or status as a |
| 24 | | student inside the school.
|
| 25 | | (e) To maintain order and security in the schools, school |
| 26 | | authorities may
inspect and search places and areas such as |
|
| | HB5501 | - 910 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | lockers, desks, parking lots, and
other school property and |
| 2 | | equipment owned or controlled by the school, as well
as |
| 3 | | personal effects left in those places and areas by students, |
| 4 | | without notice
to or the consent of the student, and without a |
| 5 | | search warrant. As a matter of
public policy, the General |
| 6 | | Assembly finds that students have no reasonable
expectation of |
| 7 | | privacy in these places and areas or in their personal effects
|
| 8 | | left in these places and areas. School authorities may request |
| 9 | | the assistance
of law enforcement officials for the purpose of |
| 10 | | conducting inspections and
searches of lockers, desks, parking |
| 11 | | lots, and other school property and
equipment owned or |
| 12 | | controlled by the school for illegal drugs, weapons, or
other
|
| 13 | | illegal or dangerous substances or materials, including |
| 14 | | searches conducted
through the use of specially trained dogs. |
| 15 | | If a search conducted in accordance
with this Section produces |
| 16 | | evidence that the student has violated or is
violating either |
| 17 | | the law, local ordinance, or the school's policies or rules,
|
| 18 | | such evidence may be seized by school authorities, and |
| 19 | | disciplinary action may
be taken. School authorities may also |
| 20 | | turn over such evidence to law
enforcement authorities.
|
| 21 | | (f) Suspension or expulsion may include suspension or |
| 22 | | expulsion from
school and all school activities and a |
| 23 | | prohibition from being present on school
grounds.
|
| 24 | | (g) A school district may adopt a policy providing that if |
| 25 | | a student
is suspended or expelled for any reason from any |
| 26 | | public or private school
in this or any other state, the |
|
| | HB5501 | - 911 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | student must complete the entire term of
the suspension or |
| 2 | | expulsion in an alternative school program under Article 13A |
| 3 | | of this Code or an alternative learning opportunities program |
| 4 | | under Article 13B of this Code before being admitted into the |
| 5 | | school
district if there is no threat to the safety of students |
| 6 | | or staff in the alternative program.
|
| 7 | | (h) School officials shall not advise or encourage |
| 8 | | students to drop out voluntarily due to behavioral or academic |
| 9 | | difficulties. |
| 10 | | (i) A student may not be issued a monetary fine or fee as a |
| 11 | | disciplinary consequence, though this shall not preclude |
| 12 | | requiring a student to provide restitution for lost, stolen, |
| 13 | | or damaged property. |
| 14 | | (j) Subsections (a) through (i) of this Section shall |
| 15 | | apply to elementary and secondary schools, charter schools, |
| 16 | | special charter districts, and school districts organized |
| 17 | | under Article 34 of this Code. |
| 18 | | (k) The expulsion of children enrolled in programs funded |
| 19 | | under Section 1C-2 of this Code is subject to the requirements |
| 20 | | under paragraph (7) of subsection (a) of Section 2-3.71 of |
| 21 | | this Code. |
| 22 | | (l) Beginning with the 2018-2019 school year, an in-school |
| 23 | | suspension program provided by a school district for any |
| 24 | | students in kindergarten through grade 12 may focus on |
| 25 | | promoting non-violent conflict resolution and positive |
| 26 | | interaction with other students and school personnel. A school |
|
| | HB5501 | - 912 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | district may employ a school social worker or a licensed |
| 2 | | mental health professional to oversee an in-school suspension |
| 3 | | program in kindergarten through grade 12. |
| 4 | | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.)
|
| 5 | | (Text of Section after amendment by P.A. 102-466)
|
| 6 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
| 7 | | searches.
|
| 8 | | (a) To expel pupils guilty of gross disobedience or |
| 9 | | misconduct, including gross disobedience or misconduct |
| 10 | | perpetuated by electronic means, pursuant to subsection (b-20) |
| 11 | | of this Section, and
no action shall lie against them for such |
| 12 | | expulsion. Expulsion shall
take place only after the parents |
| 13 | | or guardians have been requested to appear at a
meeting of the |
| 14 | | board, or with a hearing officer appointed by it, to
discuss |
| 15 | | their child's behavior. Such request shall be made by |
| 16 | | registered
or certified mail and shall state the time, place |
| 17 | | and purpose of the
meeting. The board, or a hearing officer |
| 18 | | appointed by it, at such
meeting shall state the reasons for |
| 19 | | dismissal and the date on which the
expulsion is to become |
| 20 | | effective. If a hearing officer is appointed by
the board, he |
| 21 | | shall report to the board a written summary of the evidence
|
| 22 | | heard at the meeting and the board may take such action thereon |
| 23 | | as it
finds appropriate. If the board acts to expel a pupil, |
| 24 | | the written expulsion decision shall detail the specific |
| 25 | | reasons why removing the pupil from the learning environment |
|
| | HB5501 | - 913 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | is in the best interest of the school. The expulsion decision |
| 2 | | shall also include a rationale as to the specific duration of |
| 3 | | the expulsion. An expelled pupil may be immediately |
| 4 | | transferred to an alternative program in the manner provided |
| 5 | | in Article 13A or 13B of this Code. A pupil must not be denied |
| 6 | | transfer because of the expulsion, except in cases in which |
| 7 | | such transfer is deemed to cause a threat to the safety of |
| 8 | | students or staff in the alternative program.
|
| 9 | | (b) To suspend or by policy to authorize the |
| 10 | | superintendent of
the district or the principal, assistant |
| 11 | | principal, or dean of students
of any school to suspend pupils |
| 12 | | guilty of gross disobedience or misconduct, or
to suspend |
| 13 | | pupils guilty of gross disobedience or misconduct on the |
| 14 | | school bus
from riding the school bus, pursuant to subsections |
| 15 | | (b-15) and (b-20) of this Section, and no action
shall lie |
| 16 | | against them for such suspension. The board may by policy
|
| 17 | | authorize the superintendent of the district or the principal, |
| 18 | | assistant
principal, or dean of students of any
school to |
| 19 | | suspend pupils guilty of such acts for a period not to exceed
|
| 20 | | 10 school days. If a pupil is suspended due to gross |
| 21 | | disobedience or misconduct
on a school bus, the board may |
| 22 | | suspend the pupil in excess of 10
school
days for safety |
| 23 | | reasons. |
| 24 | | Any suspension shall be reported immediately to the
|
| 25 | | parents or guardians of a pupil along with a full statement of |
| 26 | | the
reasons for such suspension and a notice of their right to |
|
| | HB5501 | - 914 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a review. The school board must be given a summary of the |
| 2 | | notice, including the reason for the suspension and the |
| 3 | | suspension length. Upon request of the
parents or guardians, |
| 4 | | the school board or a hearing officer appointed by
it shall |
| 5 | | review such action of the superintendent or principal, |
| 6 | | assistant
principal, or dean of students. At such
review, the |
| 7 | | parents or guardians of the pupil may appear and discuss the
|
| 8 | | suspension with the board or its hearing officer. If a hearing |
| 9 | | officer
is appointed by the board, he shall report to the board |
| 10 | | a written summary
of the evidence heard at the meeting. After |
| 11 | | its hearing or upon receipt
of the written report of its |
| 12 | | hearing officer, the board may take such
action as it finds |
| 13 | | appropriate. If a student is suspended pursuant to this |
| 14 | | subsection (b), the board shall, in the written suspension |
| 15 | | decision, detail the specific act of gross disobedience or |
| 16 | | misconduct resulting in the decision to suspend. The |
| 17 | | suspension decision shall also include a rationale as to the |
| 18 | | specific duration of the suspension. A pupil who is suspended |
| 19 | | in excess of 20 school days may be immediately transferred to |
| 20 | | an alternative program in the manner provided in Article 13A |
| 21 | | or 13B of this Code. A pupil must not be denied transfer |
| 22 | | because of the suspension, except in cases in which such |
| 23 | | transfer is deemed to cause a threat to the safety of students |
| 24 | | or staff in the alternative program.
|
| 25 | | (b-5) Among the many possible disciplinary interventions |
| 26 | | and consequences available to school officials, school |
|
| | HB5501 | - 915 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | exclusions, such as out-of-school suspensions and expulsions, |
| 2 | | are the most serious. School officials shall limit the number |
| 3 | | and duration of expulsions and suspensions to the greatest |
| 4 | | extent practicable, and it is recommended that they use them |
| 5 | | only for legitimate educational purposes. To ensure that |
| 6 | | students are not excluded from school unnecessarily, it is |
| 7 | | recommended that school officials consider forms of |
| 8 | | non-exclusionary discipline prior to using out-of-school |
| 9 | | suspensions or expulsions. |
| 10 | | (b-10) Unless otherwise required by federal law or this |
| 11 | | Code, school boards may not institute zero-tolerance policies |
| 12 | | by which school administrators are required to suspend or |
| 13 | | expel students for particular behaviors. |
| 14 | | (b-15) Out-of-school suspensions of 3 days or less may be |
| 15 | | used only if the student's continuing presence in school would |
| 16 | | pose a threat to school safety or a disruption to other |
| 17 | | students' learning opportunities. For purposes of this |
| 18 | | subsection (b-15), "threat to school safety or a disruption to |
| 19 | | other students' learning opportunities" shall be determined on |
| 20 | | a case-by-case basis by the school board or its designee. |
| 21 | | School officials shall make all reasonable efforts to resolve |
| 22 | | such threats, address such disruptions, and minimize the |
| 23 | | length of suspensions to the greatest extent practicable. |
| 24 | | (b-20) Unless otherwise required by this Code, |
| 25 | | out-of-school suspensions of longer than 3 days, expulsions, |
| 26 | | and disciplinary removals to alternative schools may be used |
|
| | HB5501 | - 916 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | only if other appropriate and available behavioral and |
| 2 | | disciplinary interventions have been exhausted and the |
| 3 | | student's continuing presence in school would either (i) pose |
| 4 | | a
threat to the safety of other students, staff, or members of
|
| 5 | | the school community or (ii) substantially disrupt, impede, or
|
| 6 | | interfere with the operation of the school. For purposes of |
| 7 | | this subsection (b-20), "threat to the safety of other |
| 8 | | students, staff, or members of the school community" and |
| 9 | | "substantially disrupt, impede, or interfere with the |
| 10 | | operation of the school" shall be determined on a case-by-case |
| 11 | | basis by school officials. For purposes of this subsection |
| 12 | | (b-20), the determination of whether "appropriate and |
| 13 | | available behavioral and disciplinary interventions have been |
| 14 | | exhausted" shall be made by school officials. School officials |
| 15 | | shall make all reasonable efforts to resolve such threats, |
| 16 | | address such disruptions, and minimize the length of student |
| 17 | | exclusions to the greatest extent practicable. Within the |
| 18 | | suspension decision described in subsection (b) of this |
| 19 | | Section or the expulsion decision described in subsection (a) |
| 20 | | of this Section, it shall be documented whether other |
| 21 | | interventions were attempted or whether it was determined that |
| 22 | | there were no other appropriate and available interventions. |
| 23 | | (b-25) Students who are suspended out-of-school for longer |
| 24 | | than 4 school days shall be provided appropriate and available |
| 25 | | support services during the period of their suspension. For |
| 26 | | purposes of this subsection (b-25), "appropriate and available |
|
| | HB5501 | - 917 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | support services" shall be determined by school authorities. |
| 2 | | Within the suspension decision described in subsection (b) of |
| 3 | | this Section, it shall be documented whether such services are |
| 4 | | to be provided or whether it was determined that there are no |
| 5 | | such appropriate and available services. |
| 6 | | A school district may refer students who are expelled to |
| 7 | | appropriate and available support services. |
| 8 | | A school district shall create a policy to facilitate the |
| 9 | | re-engagement of students who are suspended out-of-school, |
| 10 | | expelled, or returning from an alternative school setting. |
| 11 | | (b-30) A school district shall create a policy by which |
| 12 | | suspended pupils, including those pupils suspended from the |
| 13 | | school bus who do not have alternate transportation to school, |
| 14 | | shall have the opportunity to make up work for equivalent |
| 15 | | academic credit. It shall be the responsibility of a pupil's |
| 16 | | parents or guardians to notify school officials that a pupil |
| 17 | | suspended from the school bus does not have alternate |
| 18 | | transportation to school. |
| 19 | | (b-35) In all suspension review hearings conducted
under |
| 20 | | subsection (b) or expulsion hearings conducted
under |
| 21 | | subsection (a), a student may disclose any factor to be |
| 22 | | considered in mitigation, including his or her status as
a |
| 23 | | parent, expectant parent, or victim of domestic or sexual |
| 24 | | violence, as defined in Article 26A. A representative of the
|
| 25 | | parent's or guardian's choice, or of the student's choice if |
| 26 | | emancipated, must be permitted to represent
the student |
|
| | HB5501 | - 918 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | throughout the proceedings and to address the school board or |
| 2 | | its appointed hearing officer. With the
approval of the |
| 3 | | student's parent or guardian, or of the student if |
| 4 | | emancipated, a support person
must be permitted to accompany |
| 5 | | the student to any disciplinary
hearings or proceedings. The |
| 6 | | representative or support person must comply with any rules of |
| 7 | | the school district's hearing process. If the representative |
| 8 | | or support person violates the rules or engages in behavior or |
| 9 | | advocacy that harasses, abuses, or intimidates either party, a |
| 10 | | witness, or anyone else in attendance at the hearing, the |
| 11 | | representative or support person may be prohibited from |
| 12 | | further participation in the hearing or proceeding. A |
| 13 | | suspension or expulsion proceeding
under this subsection |
| 14 | | (b-35) must be conducted independently
from any ongoing |
| 15 | | criminal investigation or proceeding, and an absence of |
| 16 | | pending or possible criminal charges, criminal investigations, |
| 17 | | or proceedings may not be a factor in school
disciplinary |
| 18 | | decisions. |
| 19 | | (b-40) During a suspension review hearing conducted
under |
| 20 | | subsection (b) or an expulsion hearing conducted
under |
| 21 | | subsection (a) that involves allegations of sexual
violence by |
| 22 | | the student who is subject to discipline, neither
the student |
| 23 | | nor his or her representative shall directly
question nor have |
| 24 | | direct contact with the alleged victim. The
student who is |
| 25 | | subject to discipline or his or her
representative may, at the |
| 26 | | discretion and direction of the
school board or its appointed |
|
| | HB5501 | - 919 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | hearing officer, suggest
questions to be posed by the school |
| 2 | | board or its appointed
hearing officer to the alleged victim. |
| 3 | | (c) A school board must invite a representative from a |
| 4 | | local mental health agency to consult with the board at the |
| 5 | | meeting whenever there is evidence that mental illness may be |
| 6 | | the cause of a student's expulsion or suspension.
|
| 7 | | (c-5) School districts shall make reasonable efforts to |
| 8 | | provide ongoing professional development to teachers, |
| 9 | | administrators, school board members, school resource |
| 10 | | officers, and staff on the adverse consequences of school |
| 11 | | exclusion and justice-system involvement, effective classroom |
| 12 | | management strategies, culturally responsive discipline, the |
| 13 | | appropriate and available supportive services for the |
| 14 | | promotion of student attendance and engagement, and |
| 15 | | developmentally appropriate disciplinary methods that promote |
| 16 | | positive and healthy school climates. |
| 17 | | (d) The board may expel a student for a definite period of |
| 18 | | time not to
exceed 2 calendar years, as determined on a |
| 19 | | case-by-case basis.
A student who
is determined to have |
| 20 | | brought one of the following objects to school, any |
| 21 | | school-sponsored activity
or event, or any activity or event |
| 22 | | that bears a reasonable relationship to school shall be |
| 23 | | expelled for a period of not less than
one year: |
| 24 | | (1) A firearm. For the purposes of this Section, |
| 25 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
| 26 | | by Section 921 of Title 18 of the United States Code, |
|
| | HB5501 | - 920 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | firearm as defined in Section 1.1 of the Firearm Owners |
| 2 | | Identification Card Act, or firearm as defined in Section |
| 3 | | 24-1 of the Criminal Code of 2012. The expulsion period |
| 4 | | under this subdivision (1) may be modified by the |
| 5 | | superintendent, and the superintendent's determination may |
| 6 | | be modified by the board on a case-by-case basis. |
| 7 | | (2) A knife, brass knuckles or other knuckle weapon |
| 8 | | regardless of its composition, a billy club, or any other |
| 9 | | object if used or attempted to be used to cause bodily |
| 10 | | harm, including "look alikes" of any firearm as defined in |
| 11 | | subdivision (1) of this subsection (d). The expulsion |
| 12 | | requirement under this subdivision (2) may be modified by |
| 13 | | the superintendent, and the superintendent's determination |
| 14 | | may be modified by the board on a case-by-case basis. |
| 15 | | Expulsion
or suspension
shall be construed in a
manner |
| 16 | | consistent with the federal Individuals with Disabilities |
| 17 | | Education
Act. A student who is subject to suspension or |
| 18 | | expulsion as provided in this
Section may be eligible for a |
| 19 | | transfer to an alternative school program in
accordance with |
| 20 | | Article 13A of the School Code.
|
| 21 | | (d-5) The board may suspend or by regulation
authorize the |
| 22 | | superintendent of the district or the principal, assistant
|
| 23 | | principal, or dean of students of any
school to suspend a |
| 24 | | student for a period not to exceed
10 school days or may expel |
| 25 | | a student for a definite period of time not to
exceed 2 |
| 26 | | calendar years, as determined on a case-by-case basis, if (i) |
|
| | HB5501 | - 921 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | that student has been determined to have made an explicit |
| 2 | | threat on an Internet website against a school employee, a |
| 3 | | student, or any school-related personnel, (ii) the Internet |
| 4 | | website through which the threat was made is a site that was |
| 5 | | accessible within the school at the time the threat was made or |
| 6 | | was available to third parties who worked or studied within |
| 7 | | the school grounds at the time the threat was made, and (iii) |
| 8 | | the threat could be reasonably interpreted as threatening to |
| 9 | | the safety and security of the threatened individual because |
| 10 | | of his or her duties or employment status or status as a |
| 11 | | student inside the school.
|
| 12 | | (e) To maintain order and security in the schools, school |
| 13 | | authorities may
inspect and search places and areas such as |
| 14 | | lockers, desks, parking lots, and
other school property and |
| 15 | | equipment owned or controlled by the school, as well
as |
| 16 | | personal effects left in those places and areas by students, |
| 17 | | without notice
to or the consent of the student, and without a |
| 18 | | search warrant. As a matter of
public policy, the General |
| 19 | | Assembly finds that students have no reasonable
expectation of |
| 20 | | privacy in these places and areas or in their personal effects
|
| 21 | | left in these places and areas. School authorities may request |
| 22 | | the assistance
of law enforcement officials for the purpose of |
| 23 | | conducting inspections and
searches of lockers, desks, parking |
| 24 | | lots, and other school property and
equipment owned or |
| 25 | | controlled by the school for illegal drugs, weapons, or
other
|
| 26 | | illegal or dangerous substances or materials, including |
|
| | HB5501 | - 922 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | searches conducted
through the use of specially trained dogs. |
| 2 | | If a search conducted in accordance
with this Section produces |
| 3 | | evidence that the student has violated or is
violating either |
| 4 | | the law, local ordinance, or the school's policies or rules,
|
| 5 | | such evidence may be seized by school authorities, and |
| 6 | | disciplinary action may
be taken. School authorities may also |
| 7 | | turn over such evidence to law
enforcement authorities.
|
| 8 | | (f) Suspension or expulsion may include suspension or |
| 9 | | expulsion from
school and all school activities and a |
| 10 | | prohibition from being present on school
grounds.
|
| 11 | | (g) A school district may adopt a policy providing that if |
| 12 | | a student
is suspended or expelled for any reason from any |
| 13 | | public or private school
in this or any other state, the |
| 14 | | student must complete the entire term of
the suspension or |
| 15 | | expulsion in an alternative school program under Article 13A |
| 16 | | of this Code or an alternative learning opportunities program |
| 17 | | under Article 13B of this Code before being admitted into the |
| 18 | | school
district if there is no threat to the safety of students |
| 19 | | or staff in the alternative program. A school district that |
| 20 | | adopts a policy under this subsection (g) must include a |
| 21 | | provision allowing for consideration of any mitigating |
| 22 | | factors, including, but not limited to, a student's status as |
| 23 | | a parent, expectant parent, or victim of domestic or sexual |
| 24 | | violence, as defined in Article 26A.
|
| 25 | | (h) School officials shall not advise or encourage |
| 26 | | students to drop out voluntarily due to behavioral or academic |
|
| | HB5501 | - 923 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | difficulties. |
| 2 | | (i) A student may not be issued a monetary fine or fee as a |
| 3 | | disciplinary consequence, though this shall not preclude |
| 4 | | requiring a student to provide restitution for lost, stolen, |
| 5 | | or damaged property. |
| 6 | | (j) Subsections (a) through (i) of this Section shall |
| 7 | | apply to elementary and secondary schools, charter schools, |
| 8 | | special charter districts, and school districts organized |
| 9 | | under Article 34 of this Code. |
| 10 | | (k) The expulsion of children enrolled in programs funded |
| 11 | | under Section 1C-2 of this Code is subject to the requirements |
| 12 | | under paragraph (7) of subsection (a) of Section 2-3.71 of |
| 13 | | this Code. |
| 14 | | (l) Beginning with the 2018-2019 school year, an in-school |
| 15 | | suspension program provided by a school district for any |
| 16 | | students in kindergarten through grade 12 may focus on |
| 17 | | promoting non-violent conflict resolution and positive |
| 18 | | interaction with other students and school personnel. A school |
| 19 | | district may employ a school social worker or a licensed |
| 20 | | mental health professional to oversee an in-school suspension |
| 21 | | program in kindergarten through grade 12. |
| 22 | | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; |
| 23 | | 102-539, eff. 8-20-21; revised 9-23-21.)
|
| 24 | | (105 ILCS 5/10-22.39)
|
| 25 | | (Text of Section before amendment by P.A. 102-638) |
|
| | HB5501 | - 924 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 10-22.39. In-service training programs. |
| 2 | | (a) To conduct in-service training programs for teachers. |
| 3 | | (b) In addition to
other topics at in-service training
|
| 4 | | programs, at least once every 2 years, licensed school |
| 5 | | personnel and administrators who work with pupils in |
| 6 | | kindergarten through grade 12 shall be
trained to identify the |
| 7 | | warning signs of mental illness and suicidal behavior in youth |
| 8 | | and shall be taught appropriate intervention and referral |
| 9 | | techniques. A school district may utilize the Illinois Mental |
| 10 | | Health First Aid training program, established under the |
| 11 | | Illinois Mental Health First Aid Training Act and administered |
| 12 | | by certified instructors trained by a national association |
| 13 | | recognized as an authority in behavioral health, to provide |
| 14 | | the training and meet the requirements under this subsection. |
| 15 | | If licensed school personnel or an administrator obtains |
| 16 | | mental health first aid training outside of an in-service |
| 17 | | training program, he or she may present a certificate of |
| 18 | | successful completion of the training to the school district |
| 19 | | to satisfy the requirements of this subsection.
|
| 20 | | (c) School counselors, nurses, teachers and other school |
| 21 | | personnel
who work with pupils may be trained to have a basic |
| 22 | | knowledge of matters
relating to acquired immunodeficiency |
| 23 | | syndrome (AIDS), including the nature
of the disease, its |
| 24 | | causes and effects, the means of detecting it and
preventing |
| 25 | | its transmission, and the availability of appropriate sources |
| 26 | | of
counseling and referral, and any other information that may |
|
| | HB5501 | - 925 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be appropriate
considering the age and grade level of such |
| 2 | | pupils. The School Board shall
supervise such training. The |
| 3 | | State Board of Education and the Department
of Public Health |
| 4 | | shall jointly develop standards for such training.
|
| 5 | | (d) In this subsection (d): |
| 6 | | "Domestic violence" means abuse by a family or household |
| 7 | | member, as "abuse" and "family or household members" are |
| 8 | | defined in Section 103 of the Illinois Domestic Violence Act |
| 9 | | of 1986. |
| 10 | | "Sexual violence" means sexual assault, abuse, or stalking |
| 11 | | of an adult or minor child proscribed in the Criminal Code of |
| 12 | | 1961 or the Criminal Code of 2012 in Sections 11-1.20, |
| 13 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, |
| 14 | | 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including |
| 15 | | sexual violence committed by perpetrators who are strangers to |
| 16 | | the victim and sexual violence committed by perpetrators who |
| 17 | | are known or related by blood or marriage to the victim. |
| 18 | | At least once every 2 years, an in-service training |
| 19 | | program for school personnel who work with pupils, including, |
| 20 | | but not limited to, school and school district administrators, |
| 21 | | teachers, school social workers, school counselors, school |
| 22 | | psychologists, and school nurses, must be conducted by persons |
| 23 | | with expertise in domestic and sexual violence and the needs |
| 24 | | of expectant and parenting youth and shall include training |
| 25 | | concerning (i) communicating with and listening to youth |
| 26 | | victims of domestic or sexual violence and expectant and |
|
| | HB5501 | - 926 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | parenting youth, (ii) connecting youth victims of domestic or |
| 2 | | sexual violence and expectant and parenting youth to |
| 3 | | appropriate in-school services and other agencies, programs, |
| 4 | | and services as needed, and (iii) implementing the school |
| 5 | | district's policies, procedures, and protocols with regard to |
| 6 | | such youth, including confidentiality. At a minimum, school |
| 7 | | personnel must be trained to understand, provide information |
| 8 | | and referrals, and address issues pertaining to youth who are |
| 9 | | parents, expectant parents, or victims of domestic or sexual |
| 10 | | violence.
|
| 11 | | (e) At least every 2 years, an in-service training program |
| 12 | | for school personnel who work with pupils must be conducted by |
| 13 | | persons with expertise in anaphylactic reactions and |
| 14 | | management.
|
| 15 | | (f) At least once every 2 years, a school board shall |
| 16 | | conduct in-service training on educator ethics, |
| 17 | | teacher-student conduct, and school employee-student conduct |
| 18 | | for all personnel. |
| 19 | | (Source: P.A. 101-350, eff. 1-1-20; 102-197, eff. 7-30-21.)
|
| 20 | | (Text of Section after amendment by P.A. 102-638)
|
| 21 | | Sec. 10-22.39. In-service training programs. |
| 22 | | (a) To conduct in-service training programs for teachers. |
| 23 | | (b) In addition to
other topics at in-service training
|
| 24 | | programs, at least once every 2 years, licensed school |
| 25 | | personnel and administrators who work with pupils in |
|
| | HB5501 | - 927 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | kindergarten through grade 12 shall be
trained to identify the |
| 2 | | warning signs of mental illness, trauma, and suicidal behavior |
| 3 | | in youth and shall be taught appropriate intervention and |
| 4 | | referral techniques. A school district may utilize the |
| 5 | | Illinois Mental Health First Aid training program, established |
| 6 | | under the Illinois Mental Health First Aid Training Act and |
| 7 | | administered by certified instructors trained by a national |
| 8 | | association recognized as an authority in behavioral health, |
| 9 | | to provide the training and meet the requirements under this |
| 10 | | subsection. If licensed school personnel or an administrator |
| 11 | | obtains mental health first aid training outside of an |
| 12 | | in-service training program, he or she may present a |
| 13 | | certificate of successful completion of the training to the |
| 14 | | school district to satisfy the requirements of this |
| 15 | | subsection.
|
| 16 | | Training regarding the implementation of trauma-informed |
| 17 | | practices satisfies the requirements
of this subsection (b). |
| 18 | | A course of instruction as described in this subsection |
| 19 | | (b) may provide information that is relevant to
and within the |
| 20 | | scope of the duties of licensed school personnel or school |
| 21 | | administrators. Such information may include,
but is not |
| 22 | | limited to: |
| 23 | | (1) the recognition of and care for trauma in students |
| 24 | | and staff; |
| 25 | | (2) the relationship between educator wellness and |
| 26 | | student learning; |
|
| | HB5501 | - 928 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) the effect of trauma on student behavior and |
| 2 | | learning; |
| 3 | | (4) the prevalence of trauma among students, including |
| 4 | | the prevalence of trauma among student
populations at |
| 5 | | higher risk of experiencing trauma; |
| 6 | | (5) the effects of implicit or explicit bias on |
| 7 | | recognizing trauma among various student groups in |
| 8 | | connection with race, ethnicity, gender identity, sexual |
| 9 | | orientation, socio-economic status, and other relevant |
| 10 | | factors; and |
| 11 | | (6) effective district practices that are shown to: |
| 12 | | (A) prevent and mitigate the negative effect of |
| 13 | | trauma on student behavior and learning; and |
| 14 | | (B) support the emotional wellness of staff. |
| 15 | | (c) School counselors, nurses, teachers and other school |
| 16 | | personnel
who work with pupils may be trained to have a basic |
| 17 | | knowledge of matters
relating to acquired immunodeficiency |
| 18 | | syndrome (AIDS), including the nature
of the disease, its |
| 19 | | causes and effects, the means of detecting it and
preventing |
| 20 | | its transmission, and the availability of appropriate sources |
| 21 | | of
counseling and referral, and any other information that may |
| 22 | | be appropriate
considering the age and grade level of such |
| 23 | | pupils. The School Board shall
supervise such training. The |
| 24 | | State Board of Education and the Department
of Public Health |
| 25 | | shall jointly develop standards for such training.
|
| 26 | | (d) In this subsection (d): |
|
| | HB5501 | - 929 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Domestic violence" means abuse by a family or household |
| 2 | | member, as "abuse" and "family or household members" are |
| 3 | | defined in Section 103 of the Illinois Domestic Violence Act |
| 4 | | of 1986. |
| 5 | | "Sexual violence" means sexual assault, abuse, or stalking |
| 6 | | of an adult or minor child proscribed in the Criminal Code of |
| 7 | | 1961 or the Criminal Code of 2012 in Sections 11-1.20, |
| 8 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, |
| 9 | | 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including |
| 10 | | sexual violence committed by perpetrators who are strangers to |
| 11 | | the victim and sexual violence committed by perpetrators who |
| 12 | | are known or related by blood or marriage to the victim. |
| 13 | | At least once every 2 years, an in-service training |
| 14 | | program for school personnel who work with pupils, including, |
| 15 | | but not limited to, school and school district administrators, |
| 16 | | teachers, school social workers, school counselors, school |
| 17 | | psychologists, and school nurses, must be conducted by persons |
| 18 | | with expertise in domestic and sexual violence and the needs |
| 19 | | of expectant and parenting youth and shall include training |
| 20 | | concerning (i) communicating with and listening to youth |
| 21 | | victims of domestic or sexual violence and expectant and |
| 22 | | parenting youth, (ii) connecting youth victims of domestic or |
| 23 | | sexual violence and expectant and parenting youth to |
| 24 | | appropriate in-school services and other agencies, programs, |
| 25 | | and services as needed, and (iii) implementing the school |
| 26 | | district's policies, procedures, and protocols with regard to |
|
| | HB5501 | - 930 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | such youth, including confidentiality. At a minimum, school |
| 2 | | personnel must be trained to understand, provide information |
| 3 | | and referrals, and address issues pertaining to youth who are |
| 4 | | parents, expectant parents, or victims of domestic or sexual |
| 5 | | violence.
|
| 6 | | (e) At least every 2 years, an in-service training program |
| 7 | | for school personnel who work with pupils must be conducted by |
| 8 | | persons with expertise in anaphylactic reactions and |
| 9 | | management.
|
| 10 | | (f) At least once every 2 years, a school board shall |
| 11 | | conduct in-service training on educator ethics, |
| 12 | | teacher-student conduct, and school employee-student conduct |
| 13 | | for all personnel. |
| 14 | | (Source: P.A. 101-350, eff. 1-1-20; 102-197, eff. 7-30-21; |
| 15 | | 102-638, eff. 1-1-23; revised 10-15-21.)
|
| 16 | | (105 ILCS 5/10-27.1A)
|
| 17 | | Sec. 10-27.1A. Firearms in schools.
|
| 18 | | (a) All school officials, including teachers, school |
| 19 | | counselors, and
support staff, shall immediately notify the |
| 20 | | office of the principal in the
event that they observe any |
| 21 | | person in possession of a firearm on school
grounds; provided |
| 22 | | that taking such immediate action to notify the office of the
|
| 23 | | principal would not immediately endanger the health, safety, |
| 24 | | or welfare of
students who are under the direct supervision of |
| 25 | | the school official or the
school official. If the health, |
|
| | HB5501 | - 931 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | safety, or welfare of students under the
direct supervision of |
| 2 | | the school official or of the school official is
immediately |
| 3 | | endangered, the school official shall notify the office of the
|
| 4 | | principal as soon as the students under his or her supervision |
| 5 | | and he or she
are no longer under immediate danger. A report is |
| 6 | | not required by this Section
when the school official knows |
| 7 | | that the person in possession of the firearm is
a law |
| 8 | | enforcement official engaged in the conduct of his or her |
| 9 | | official
duties. Any school official acting in good faith who |
| 10 | | makes such a report under
this Section shall have immunity |
| 11 | | from any civil or criminal liability that
might otherwise be |
| 12 | | incurred as a result of making the report. The identity of
the |
| 13 | | school official making such report shall not be disclosed |
| 14 | | except as
expressly and specifically authorized by law. |
| 15 | | Knowingly and willfully failing
to comply with this Section is |
| 16 | | a petty offense. A second or subsequent offense
is a Class C |
| 17 | | misdemeanor.
|
| 18 | | (b) Upon receiving a report from any school official |
| 19 | | pursuant to this
Section, or from any other person, the |
| 20 | | principal or his or her designee shall
immediately notify a |
| 21 | | local law enforcement agency. If the person found to be
in |
| 22 | | possession of a firearm on school grounds is a student, the |
| 23 | | principal or
his or her designee shall also immediately notify |
| 24 | | that student's parent or
guardian. Any principal or his or her |
| 25 | | designee acting in good faith who makes
such reports under |
| 26 | | this Section shall have immunity from any civil or criminal
|
|
| | HB5501 | - 932 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | liability that might otherwise be incurred or imposed as a |
| 2 | | result of making
the reports. Knowingly and willfully failing |
| 3 | | to comply with this Section is a
petty offense. A second or |
| 4 | | subsequent offense is a Class C misdemeanor. If
the person |
| 5 | | found to be in possession of the firearm on school grounds is a
|
| 6 | | minor, the law enforcement agency shall detain that minor |
| 7 | | until such time as
the agency makes a determination pursuant |
| 8 | | to clause (a) of subsection (1) of
Section 5-401 of the |
| 9 | | Juvenile Court Act of 1987, as to whether the agency
|
| 10 | | reasonably believes that the minor is delinquent. If the law |
| 11 | | enforcement
agency determines that probable cause exists to |
| 12 | | believe that the minor
committed a violation of item (4) of |
| 13 | | subsection (a) of Section 24-1 of the
Criminal Code of 2012 |
| 14 | | while on school grounds, the agency shall detain the
minor for |
| 15 | | processing pursuant to Section 5-407 of the Juvenile Court Act |
| 16 | | of
1987.
|
| 17 | | (c) On or after January 1, 1997, upon receipt of any |
| 18 | | written,
electronic, or verbal report from any school |
| 19 | | personnel regarding a verified
incident involving a firearm in |
| 20 | | a school or on school owned or leased property,
including any |
| 21 | | conveyance owned,
leased, or used by the school for the |
| 22 | | transport of students or school
personnel, the superintendent |
| 23 | | or his or her designee shall report all such
firearm-related |
| 24 | | incidents occurring in a school or on school property to the
|
| 25 | | local law enforcement authorities immediately and to the |
| 26 | | Illinois State Police in a form, manner, and frequency as |
|
| | HB5501 | - 933 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | prescribed by the Illinois State Police.
|
| 2 | | The State Board of Education shall receive an annual |
| 3 | | statistical compilation
and related data associated with |
| 4 | | incidents involving firearms in schools from
the Illinois |
| 5 | | State Police. The State Board of Education shall compile
this |
| 6 | | information by school district and make it available to the |
| 7 | | public.
|
| 8 | | (d) As used in this Section, the term "firearm" shall have |
| 9 | | the meaning
ascribed to it in Section 1.1 of the Firearm Owners |
| 10 | | Identification Card Act.
|
| 11 | | As used in this Section, the term "school" means any |
| 12 | | public or private
elementary or secondary school.
|
| 13 | | As used in this Section, the term "school grounds" |
| 14 | | includes the real property
comprising any school, any |
| 15 | | conveyance owned, leased, or contracted by a school
to |
| 16 | | transport students to or from school or a school-related |
| 17 | | activity, or any
public way within 1,000 feet of the real |
| 18 | | property comprising any school.
|
| 19 | | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; |
| 20 | | revised 10-6-21.)
|
| 21 | | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
|
| 22 | | (Text of Section before amendment by P.A. 102-199) |
| 23 | | Sec. 14-8.02. Identification, evaluation, and placement of |
| 24 | | children.
|
| 25 | | (a) The State Board of Education shall make rules under |
|
| | HB5501 | - 934 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | which local school
boards shall determine the eligibility of |
| 2 | | children to receive special
education. Such rules shall ensure |
| 3 | | that a free appropriate public
education be available to all |
| 4 | | children with disabilities as
defined in
Section 14-1.02. The |
| 5 | | State Board of Education shall require local school
districts |
| 6 | | to administer non-discriminatory procedures or tests to
|
| 7 | | English learners coming from homes in which a language
other |
| 8 | | than English is used to determine their eligibility to receive |
| 9 | | special
education. The placement of low English proficiency |
| 10 | | students in special
education programs and facilities shall be |
| 11 | | made in accordance with the test
results reflecting the |
| 12 | | student's linguistic, cultural and special education
needs. |
| 13 | | For purposes of determining the eligibility of children the |
| 14 | | State
Board of Education shall include in the rules |
| 15 | | definitions of "case study",
"staff conference", |
| 16 | | "individualized educational program", and "qualified
|
| 17 | | specialist" appropriate to each category of children with
|
| 18 | | disabilities as defined in
this Article. For purposes of |
| 19 | | determining the eligibility of children from
homes in which a |
| 20 | | language other than English is used, the State Board of
|
| 21 | | Education shall include in the rules
definitions for |
| 22 | | "qualified bilingual specialists" and "linguistically and
|
| 23 | | culturally appropriate individualized educational programs". |
| 24 | | For purposes of this
Section, as well as Sections 14-8.02a, |
| 25 | | 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent |
| 26 | | as defined in the federal Individuals with Disabilities |
|
| | HB5501 | - 935 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Education Act (20 U.S.C. 1401(23)).
|
| 2 | | (b) No child shall be eligible for special education |
| 3 | | facilities except
with a carefully completed case study fully |
| 4 | | reviewed by professional
personnel in a multidisciplinary |
| 5 | | staff conference and only upon the
recommendation of qualified |
| 6 | | specialists or a qualified bilingual specialist, if
available. |
| 7 | | At the conclusion of the multidisciplinary staff conference, |
| 8 | | the
parent of the child shall be given a copy of the |
| 9 | | multidisciplinary
conference summary report and |
| 10 | | recommendations, which includes options
considered, and be |
| 11 | | informed of his or her right to obtain an independent |
| 12 | | educational
evaluation if he or she disagrees with the |
| 13 | | evaluation findings conducted or obtained
by the school |
| 14 | | district. If the school district's evaluation is shown to be
|
| 15 | | inappropriate, the school district shall reimburse the parent |
| 16 | | for the cost of
the independent evaluation. The State Board of |
| 17 | | Education shall, with advice
from the State Advisory Council |
| 18 | | on Education of Children with
Disabilities on the
inclusion of |
| 19 | | specific independent educational evaluators, prepare a list of
|
| 20 | | suggested independent educational evaluators. The State Board |
| 21 | | of Education
shall include on the list clinical psychologists |
| 22 | | licensed pursuant to the
Clinical Psychologist Licensing Act. |
| 23 | | Such psychologists shall not be paid fees
in excess of the |
| 24 | | amount that would be received by a school psychologist for
|
| 25 | | performing the same services. The State Board of Education |
| 26 | | shall supply school
districts with such list and make the list |
|
| | HB5501 | - 936 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | available to parents at their
request. School districts shall |
| 2 | | make the list available to parents at the time
they are |
| 3 | | informed of their right to obtain an independent educational
|
| 4 | | evaluation. However, the school district may initiate an |
| 5 | | impartial
due process hearing under this Section within 5 days |
| 6 | | of any written parent
request for an independent educational |
| 7 | | evaluation to show that
its evaluation is appropriate. If the |
| 8 | | final decision is that the evaluation
is appropriate, the |
| 9 | | parent still has a right to an independent educational
|
| 10 | | evaluation, but not at public expense. An independent |
| 11 | | educational
evaluation at public expense must be completed |
| 12 | | within 30 days of a parent
written request unless the school |
| 13 | | district initiates an
impartial due process hearing or the |
| 14 | | parent or school district
offers reasonable grounds to show |
| 15 | | that such 30-day time period should be
extended. If the due |
| 16 | | process hearing decision indicates that the parent is entitled |
| 17 | | to an independent educational evaluation, it must be
completed |
| 18 | | within 30 days of the decision unless the parent or
the school |
| 19 | | district offers reasonable grounds to show that such 30-day
|
| 20 | | period should be extended. If a parent disagrees with the |
| 21 | | summary report or
recommendations of the multidisciplinary |
| 22 | | conference or the findings of any
educational evaluation which |
| 23 | | results therefrom, the school
district shall not proceed with |
| 24 | | a placement based upon such evaluation and
the child shall |
| 25 | | remain in his or her regular classroom setting.
No child shall |
| 26 | | be eligible for admission to a
special class for children with |
|
| | HB5501 | - 937 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a mental disability who are educable or for children with a |
| 2 | | mental disability who are trainable except with a |
| 3 | | psychological evaluation
and
recommendation by a school |
| 4 | | psychologist. Consent shall be obtained from
the parent of a |
| 5 | | child before any evaluation is conducted.
If consent is not |
| 6 | | given by the parent or if the parent disagrees with the |
| 7 | | findings of the evaluation, then the school
district may |
| 8 | | initiate an impartial due process hearing under this Section.
|
| 9 | | The school district may evaluate the child if that is the |
| 10 | | decision
resulting from the impartial due process hearing and |
| 11 | | the decision is not
appealed or if the decision is affirmed on |
| 12 | | appeal.
The determination of eligibility shall be made and the |
| 13 | | IEP meeting shall be completed within 60 school days
from the |
| 14 | | date of written parental consent. In those instances when |
| 15 | | written parental consent is obtained with fewer than 60 pupil |
| 16 | | attendance days left in the school year,
the eligibility |
| 17 | | determination shall be made and the IEP meeting shall be |
| 18 | | completed prior to the first day of the
following school year. |
| 19 | | Special education and related services must be provided in |
| 20 | | accordance with the student's IEP no later than 10 school |
| 21 | | attendance days after notice is provided to the parents |
| 22 | | pursuant to Section 300.503 of Title 34 of the Code of Federal |
| 23 | | Regulations and implementing rules adopted by the State Board |
| 24 | | of Education. The appropriate
program pursuant to the |
| 25 | | individualized educational program of students
whose native |
| 26 | | tongue is a language other than English shall reflect the
|
|
| | HB5501 | - 938 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | special education, cultural and linguistic needs. No later |
| 2 | | than September
1, 1993, the State Board of Education shall |
| 3 | | establish standards for the
development, implementation and |
| 4 | | monitoring of appropriate bilingual special
individualized |
| 5 | | educational programs. The State Board of Education shall
|
| 6 | | further incorporate appropriate monitoring procedures to |
| 7 | | verify implementation
of these standards. The district shall |
| 8 | | indicate to the parent and
the State Board of Education the |
| 9 | | nature of the services the child will receive
for the regular |
| 10 | | school term while awaiting waiting placement in the |
| 11 | | appropriate special
education class. At the child's initial |
| 12 | | IEP meeting and at each annual review meeting, the child's IEP |
| 13 | | team shall provide the child's parent or guardian with a |
| 14 | | written notification that informs the parent or guardian that |
| 15 | | the IEP team is required to consider whether the child |
| 16 | | requires assistive technology in order to receive free, |
| 17 | | appropriate public education. The notification must also |
| 18 | | include a toll-free telephone number and internet address for |
| 19 | | the State's assistive technology program.
|
| 20 | | If the child is deaf, hard of hearing, blind, or visually |
| 21 | | impaired or has an orthopedic impairment or physical |
| 22 | | disability and
he or she might be eligible to receive services |
| 23 | | from the Illinois School for
the Deaf, the Illinois School for |
| 24 | | the Visually Impaired, or the Illinois Center for |
| 25 | | Rehabilitation and Education-Roosevelt, the school
district |
| 26 | | shall notify the parents, in writing, of the existence of
|
|
| | HB5501 | - 939 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | these schools
and the services
they provide and shall make a |
| 2 | | reasonable effort to inform the parents of the existence of |
| 3 | | other, local schools that provide similar services and the |
| 4 | | services that these other schools provide. This notification
|
| 5 | | shall
include without limitation information on school |
| 6 | | services, school
admissions criteria, and school contact |
| 7 | | information.
|
| 8 | | In the development of the individualized education program |
| 9 | | for a student who has a disability on the autism spectrum |
| 10 | | (which includes autistic disorder, Asperger's disorder, |
| 11 | | pervasive developmental disorder not otherwise specified, |
| 12 | | childhood disintegrative disorder, and Rett Syndrome, as |
| 13 | | defined in the Diagnostic and Statistical Manual of Mental |
| 14 | | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall |
| 15 | | consider all of the following factors: |
| 16 | | (1) The verbal and nonverbal communication needs of |
| 17 | | the child. |
| 18 | | (2) The need to develop social interaction skills and |
| 19 | | proficiencies. |
| 20 | | (3) The needs resulting from the child's unusual |
| 21 | | responses to sensory experiences. |
| 22 | | (4) The needs resulting from resistance to |
| 23 | | environmental change or change in daily routines. |
| 24 | | (5) The needs resulting from engagement in repetitive |
| 25 | | activities and stereotyped movements. |
| 26 | | (6) The need for any positive behavioral |
|
| | HB5501 | - 940 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | interventions, strategies, and supports to address any |
| 2 | | behavioral difficulties resulting from autism spectrum |
| 3 | | disorder. |
| 4 | | (7) Other needs resulting from the child's disability |
| 5 | | that impact progress in the general curriculum, including |
| 6 | | social and emotional development. |
| 7 | | Public Act 95-257
does not create any new entitlement to a |
| 8 | | service, program, or benefit, but must not affect any |
| 9 | | entitlement to a service, program, or benefit created by any |
| 10 | | other law.
|
| 11 | | If the student may be eligible to participate in the |
| 12 | | Home-Based Support
Services Program for Adults with Mental |
| 13 | | Disabilities authorized under the
Developmental Disability and |
| 14 | | Mental Disability Services Act upon becoming an
adult, the |
| 15 | | student's individualized education program shall include plans |
| 16 | | for
(i) determining the student's eligibility for those |
| 17 | | home-based services, (ii)
enrolling the student in the program |
| 18 | | of home-based services, and (iii)
developing a plan for the |
| 19 | | student's most effective use of the home-based
services after |
| 20 | | the student becomes an adult and no longer receives special
|
| 21 | | educational services under this Article. The plans developed |
| 22 | | under this
paragraph shall include specific actions to be |
| 23 | | taken by specified individuals,
agencies, or officials.
|
| 24 | | (c) In the development of the individualized education |
| 25 | | program for a
student who is functionally blind, it shall be |
| 26 | | presumed that proficiency in
Braille reading and writing is |
|
| | HB5501 | - 941 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | essential for the student's satisfactory
educational progress. |
| 2 | | For purposes of this subsection, the State Board of
Education |
| 3 | | shall determine the criteria for a student to be classified as
|
| 4 | | functionally blind. Students who are not currently identified |
| 5 | | as
functionally blind who are also entitled to Braille |
| 6 | | instruction include:
(i) those whose vision loss is so severe |
| 7 | | that they are unable to read and
write at a level comparable to |
| 8 | | their peers solely through the use of
vision, and (ii) those |
| 9 | | who show evidence of progressive vision loss that
may result |
| 10 | | in functional blindness. Each student who is functionally |
| 11 | | blind
shall be entitled to Braille reading and writing |
| 12 | | instruction that is
sufficient to enable the student to |
| 13 | | communicate with the same level of
proficiency as other |
| 14 | | students of comparable ability. Instruction should be
provided |
| 15 | | to the extent that the student is physically and cognitively |
| 16 | | able
to use Braille. Braille instruction may be used in |
| 17 | | combination with other
special education services appropriate |
| 18 | | to the student's educational needs.
The assessment of each |
| 19 | | student who is functionally blind for the purpose of
|
| 20 | | developing the student's individualized education program |
| 21 | | shall include
documentation of the student's strengths and |
| 22 | | weaknesses in Braille skills.
Each person assisting in the |
| 23 | | development of the individualized education
program for a |
| 24 | | student who is functionally blind shall receive information
|
| 25 | | describing the benefits of Braille instruction. The |
| 26 | | individualized
education program for each student who is |
|
| | HB5501 | - 942 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | functionally blind shall
specify the appropriate learning |
| 2 | | medium or media based on the assessment
report.
|
| 3 | | (d) To the maximum extent appropriate, the placement shall |
| 4 | | provide the
child with the opportunity to be educated with |
| 5 | | children who do not have a disability; provided that children |
| 6 | | with
disabilities who are recommended to be
placed into |
| 7 | | regular education classrooms are provided with supplementary
|
| 8 | | services to assist the children with disabilities to benefit
|
| 9 | | from the regular
classroom instruction and are included on the |
| 10 | | teacher's regular education class
register. Subject to the |
| 11 | | limitation of the preceding sentence, placement in
special |
| 12 | | classes, separate schools or other removal of the child with a |
| 13 | | disability
from the regular educational environment shall |
| 14 | | occur only when the nature of
the severity of the disability is |
| 15 | | such that education in the
regular classes with
the use of |
| 16 | | supplementary aids and services cannot be achieved |
| 17 | | satisfactorily.
The placement of English learners with |
| 18 | | disabilities shall
be in non-restrictive environments which |
| 19 | | provide for integration with
peers who do not have |
| 20 | | disabilities in bilingual classrooms. Annually, each January, |
| 21 | | school districts shall report data on students from |
| 22 | | non-English
speaking backgrounds receiving special education |
| 23 | | and related services in
public and private facilities as |
| 24 | | prescribed in Section 2-3.30. If there
is a disagreement |
| 25 | | between parties involved regarding the special education
|
| 26 | | placement of any child, either in-state or out-of-state, the |
|
| | HB5501 | - 943 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | placement is
subject to impartial due process procedures |
| 2 | | described in Article 10 of the
Rules and Regulations to Govern |
| 3 | | the Administration and Operation of Special
Education.
|
| 4 | | (e) No child who comes from a home in which a language |
| 5 | | other than English
is the principal language used may be |
| 6 | | assigned to any class or program
under this Article until he |
| 7 | | has been given, in the principal language
used by the child and |
| 8 | | used in his home, tests reasonably related to his
cultural |
| 9 | | environment. All testing and evaluation materials and |
| 10 | | procedures
utilized for evaluation and placement shall not be |
| 11 | | linguistically, racially or
culturally discriminatory.
|
| 12 | | (f) Nothing in this Article shall be construed to require |
| 13 | | any child to
undergo any physical examination or medical |
| 14 | | treatment whose parents object thereto on the grounds that |
| 15 | | such examination or
treatment conflicts with his religious |
| 16 | | beliefs.
|
| 17 | | (g) School boards or their designee shall provide to the |
| 18 | | parents of a child prior written notice of any decision (a) |
| 19 | | proposing
to initiate or change, or (b) refusing to initiate |
| 20 | | or change, the
identification, evaluation, or educational |
| 21 | | placement of the child or the
provision of a free appropriate |
| 22 | | public education to their child, and the
reasons therefor. |
| 23 | | Such written notification shall also inform the
parent of the |
| 24 | | opportunity to present complaints with respect
to any matter |
| 25 | | relating to the educational placement of the student, or
the |
| 26 | | provision of a free appropriate public education and to have |
|
| | HB5501 | - 944 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | an
impartial due process hearing on the complaint. The notice |
| 2 | | shall inform
the parents in the parents' native language,
|
| 3 | | unless it is clearly not feasible to do so, of their rights and |
| 4 | | all
procedures available pursuant to this Act and the federal |
| 5 | | Individuals with Disabilities Education Improvement Act of |
| 6 | | 2004 (Public Law 108-446); it
shall be the responsibility of |
| 7 | | the State Superintendent to develop
uniform notices setting |
| 8 | | forth the procedures available under this Act
and the federal |
| 9 | | Individuals with Disabilities Education Improvement Act of |
| 10 | | 2004 (Public Law 108-446) to be used by all school boards. The |
| 11 | | notice
shall also inform the parents of the availability upon
|
| 12 | | request of a list of free or low-cost legal and other relevant |
| 13 | | services
available locally to assist parents in initiating an
|
| 14 | | impartial due process hearing. The State Superintendent shall |
| 15 | | revise the uniform notices required by this subsection (g) to |
| 16 | | reflect current law and procedures at least once every 2 |
| 17 | | years. Any parent who is deaf, or
does not normally |
| 18 | | communicate using spoken English, who participates in
a |
| 19 | | meeting with a representative of a local educational agency |
| 20 | | for the
purposes of developing an individualized educational |
| 21 | | program shall be
entitled to the services of an interpreter. |
| 22 | | The State Board of Education must adopt rules to establish the |
| 23 | | criteria, standards, and competencies for a bilingual language |
| 24 | | interpreter who attends an individualized education program |
| 25 | | meeting under this subsection to assist a parent who has |
| 26 | | limited English proficiency.
|
|
| | HB5501 | - 945 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (g-5) For purposes of this subsection (g-5), "qualified |
| 2 | | professional" means an individual who holds credentials to |
| 3 | | evaluate the child in the domain or domains for which an |
| 4 | | evaluation is sought or an intern working under the direct |
| 5 | | supervision of a qualified professional, including a master's |
| 6 | | or doctoral degree candidate. |
| 7 | | To ensure that a parent can participate fully and |
| 8 | | effectively with school personnel in the development of |
| 9 | | appropriate educational and related services for his or her |
| 10 | | child, the parent, an independent educational evaluator, or a |
| 11 | | qualified professional retained by or on behalf of a parent or |
| 12 | | child must be afforded reasonable access to educational |
| 13 | | facilities, personnel, classrooms, and buildings and to the |
| 14 | | child as provided in this subsection (g-5). The requirements |
| 15 | | of this subsection (g-5) apply to any public school facility, |
| 16 | | building, or program and to any facility, building, or program |
| 17 | | supported in whole or in part by public funds. Prior to |
| 18 | | visiting a school, school building, or school facility, the |
| 19 | | parent, independent educational evaluator, or qualified |
| 20 | | professional may be required by the school district to inform |
| 21 | | the building principal or supervisor in writing of the |
| 22 | | proposed visit, the purpose of the visit, and the approximate |
| 23 | | duration of the visit. The visitor and the school district |
| 24 | | shall arrange the visit or visits at times that are mutually |
| 25 | | agreeable. Visitors shall comply with school safety, security, |
| 26 | | and visitation policies at all times. School district |
|
| | HB5501 | - 946 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | visitation policies must not conflict with this subsection |
| 2 | | (g-5). Visitors shall be required to comply with the |
| 3 | | requirements of applicable privacy laws, including those laws |
| 4 | | protecting the confidentiality of education records such as |
| 5 | | the federal Family Educational Rights and Privacy Act and the |
| 6 | | Illinois School Student Records Act. The visitor shall not |
| 7 | | disrupt the educational process. |
| 8 | | (1) A parent must be afforded reasonable access of |
| 9 | | sufficient duration and scope for the purpose of observing |
| 10 | | his or her child in the child's current educational |
| 11 | | placement, services, or program or for the purpose of |
| 12 | | visiting an educational placement or program proposed for |
| 13 | | the child. |
| 14 | | (2) An independent educational evaluator or a |
| 15 | | qualified professional retained by or on behalf of a |
| 16 | | parent or child must be afforded reasonable access of |
| 17 | | sufficient duration and scope for the purpose of |
| 18 | | conducting an evaluation of the child, the child's |
| 19 | | performance, the child's current educational program, |
| 20 | | placement, services, or environment, or any educational |
| 21 | | program, placement, services, or environment proposed for |
| 22 | | the child, including interviews of educational personnel, |
| 23 | | child observations, assessments, tests or assessments of |
| 24 | | the child's educational program, services, or placement or |
| 25 | | of any proposed educational program, services, or |
| 26 | | placement. If one or more interviews of school personnel |
|
| | HB5501 | - 947 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | are part of the evaluation, the interviews must be |
| 2 | | conducted at a mutually agreed upon time, date, and place |
| 3 | | that do not interfere with the school employee's school |
| 4 | | duties. The school district may limit interviews to |
| 5 | | personnel having information relevant to the child's |
| 6 | | current educational services, program, or placement or to |
| 7 | | a proposed educational service, program, or placement.
|
| 8 | | (Source: P.A. 101-124, eff. 1-1-20; 102-264, eff. 8-6-21; |
| 9 | | 102-558, eff. 8-20-21.)
|
| 10 | | (Text of Section after amendment by P.A. 102-199)
|
| 11 | | Sec. 14-8.02. Identification, evaluation, and placement of |
| 12 | | children.
|
| 13 | | (a) The State Board of Education shall make rules under |
| 14 | | which local school
boards shall determine the eligibility of |
| 15 | | children to receive special
education. Such rules shall ensure |
| 16 | | that a free appropriate public
education be available to all |
| 17 | | children with disabilities as
defined in
Section 14-1.02. The |
| 18 | | State Board of Education shall require local school
districts |
| 19 | | to administer non-discriminatory procedures or tests to
|
| 20 | | English learners coming from homes in which a language
other |
| 21 | | than English is used to determine their eligibility to receive |
| 22 | | special
education. The placement of low English proficiency |
| 23 | | students in special
education programs and facilities shall be |
| 24 | | made in accordance with the test
results reflecting the |
| 25 | | student's linguistic, cultural and special education
needs. |
|
| | HB5501 | - 948 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | For purposes of determining the eligibility of children the |
| 2 | | State
Board of Education shall include in the rules |
| 3 | | definitions of "case study",
"staff conference", |
| 4 | | "individualized educational program", and "qualified
|
| 5 | | specialist" appropriate to each category of children with
|
| 6 | | disabilities as defined in
this Article. For purposes of |
| 7 | | determining the eligibility of children from
homes in which a |
| 8 | | language other than English is used, the State Board of
|
| 9 | | Education shall include in the rules
definitions for |
| 10 | | "qualified bilingual specialists" and "linguistically and
|
| 11 | | culturally appropriate individualized educational programs". |
| 12 | | For purposes of this
Section, as well as Sections 14-8.02a, |
| 13 | | 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent |
| 14 | | as defined in the federal Individuals with Disabilities |
| 15 | | Education Act (20 U.S.C. 1401(23)).
|
| 16 | | (b) No child shall be eligible for special education |
| 17 | | facilities except
with a carefully completed case study fully |
| 18 | | reviewed by professional
personnel in a multidisciplinary |
| 19 | | staff conference and only upon the
recommendation of qualified |
| 20 | | specialists or a qualified bilingual specialist, if
available. |
| 21 | | At the conclusion of the multidisciplinary staff conference, |
| 22 | | the
parent of the child and, if the child is in the legal |
| 23 | | custody of the Department of Children and Family Services, the |
| 24 | | Department's Office of Education and Transition Services shall |
| 25 | | be given a copy of the multidisciplinary
conference summary |
| 26 | | report and recommendations, which includes options
considered, |
|
| | HB5501 | - 949 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and, in the case of the parent, be informed of his or her right |
| 2 | | to obtain an independent educational
evaluation if he or she |
| 3 | | disagrees with the evaluation findings conducted or obtained
|
| 4 | | by the school district. If the school district's evaluation is |
| 5 | | shown to be
inappropriate, the school district shall reimburse |
| 6 | | the parent for the cost of
the independent evaluation. The |
| 7 | | State Board of Education shall, with advice
from the State |
| 8 | | Advisory Council on Education of Children with
Disabilities on |
| 9 | | the
inclusion of specific independent educational evaluators, |
| 10 | | prepare a list of
suggested independent educational |
| 11 | | evaluators. The State Board of Education
shall include on the |
| 12 | | list clinical psychologists licensed pursuant to the
Clinical |
| 13 | | Psychologist Licensing Act. Such psychologists shall not be |
| 14 | | paid fees
in excess of the amount that would be received by a |
| 15 | | school psychologist for
performing the same services. The |
| 16 | | State Board of Education shall supply school
districts with |
| 17 | | such list and make the list available to parents at their
|
| 18 | | request. School districts shall make the list available to |
| 19 | | parents at the time
they are informed of their right to obtain |
| 20 | | an independent educational
evaluation. However, the school |
| 21 | | district may initiate an impartial
due process hearing under |
| 22 | | this Section within 5 days of any written parent
request for an |
| 23 | | independent educational evaluation to show that
its evaluation |
| 24 | | is appropriate. If the final decision is that the evaluation
|
| 25 | | is appropriate, the parent still has a right to an independent |
| 26 | | educational
evaluation, but not at public expense. An |
|
| | HB5501 | - 950 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | independent educational
evaluation at public expense must be |
| 2 | | completed within 30 days of a parent
written request unless |
| 3 | | the school district initiates an
impartial due process hearing |
| 4 | | or the parent or school district
offers reasonable grounds to |
| 5 | | show that such 30-day time period should be
extended. If the |
| 6 | | due process hearing decision indicates that the parent is |
| 7 | | entitled to an independent educational evaluation, it must be
|
| 8 | | completed within 30 days of the decision unless the parent or
|
| 9 | | the school district offers reasonable grounds to show that |
| 10 | | such 30-day
period should be extended. If a parent disagrees |
| 11 | | with the summary report or
recommendations of the |
| 12 | | multidisciplinary conference or the findings of any
|
| 13 | | educational evaluation which results therefrom, the school
|
| 14 | | district shall not proceed with a placement based upon such |
| 15 | | evaluation and
the child shall remain in his or her regular |
| 16 | | classroom setting.
No child shall be eligible for admission to |
| 17 | | a
special class for children with a mental disability who are |
| 18 | | educable or for children with a mental disability who are |
| 19 | | trainable except with a psychological evaluation
and
|
| 20 | | recommendation by a school psychologist. Consent shall be |
| 21 | | obtained from
the parent of a child before any evaluation is |
| 22 | | conducted.
If consent is not given by the parent or if the |
| 23 | | parent disagrees with the findings of the evaluation, then the |
| 24 | | school
district may initiate an impartial due process hearing |
| 25 | | under this Section.
The school district may evaluate the child |
| 26 | | if that is the decision
resulting from the impartial due |
|
| | HB5501 | - 951 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | process hearing and the decision is not
appealed or if the |
| 2 | | decision is affirmed on appeal.
The determination of |
| 3 | | eligibility shall be made and the IEP meeting shall be |
| 4 | | completed within 60 school days
from the date of written |
| 5 | | parental consent. In those instances when written parental |
| 6 | | consent is obtained with fewer than 60 pupil attendance days |
| 7 | | left in the school year,
the eligibility determination shall |
| 8 | | be made and the IEP meeting shall be completed prior to the |
| 9 | | first day of the
following school year. Special education and |
| 10 | | related services must be provided in accordance with the |
| 11 | | student's IEP no later than 10 school attendance days after |
| 12 | | notice is provided to the parents pursuant to Section 300.503 |
| 13 | | of Title 34 of the Code of Federal Regulations and |
| 14 | | implementing rules adopted by the State Board of Education. |
| 15 | | The appropriate
program pursuant to the individualized |
| 16 | | educational program of students
whose native tongue is a |
| 17 | | language other than English shall reflect the
special |
| 18 | | education, cultural and linguistic needs. No later than |
| 19 | | September
1, 1993, the State Board of Education shall |
| 20 | | establish standards for the
development, implementation and |
| 21 | | monitoring of appropriate bilingual special
individualized |
| 22 | | educational programs. The State Board of Education shall
|
| 23 | | further incorporate appropriate monitoring procedures to |
| 24 | | verify implementation
of these standards. The district shall |
| 25 | | indicate to the parent, the State Board of Education, and, if |
| 26 | | applicable, the Department's Office of Education and |
|
| | HB5501 | - 952 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Transition Services the nature of the services the child will |
| 2 | | receive
for the regular school term while awaiting waiting |
| 3 | | placement in the appropriate special
education class. At the |
| 4 | | child's initial IEP meeting and at each annual review meeting, |
| 5 | | the child's IEP team shall provide the child's parent or |
| 6 | | guardian and, if applicable, the Department's Office of |
| 7 | | Education and Transition Services with a written notification |
| 8 | | that informs the parent or guardian or the Department's Office |
| 9 | | of Education and Transition Services that the IEP team is |
| 10 | | required to consider whether the child requires assistive |
| 11 | | technology in order to receive free, appropriate public |
| 12 | | education. The notification must also include a toll-free |
| 13 | | telephone number and internet address for the State's |
| 14 | | assistive technology program.
|
| 15 | | If the child is deaf, hard of hearing, blind, or visually |
| 16 | | impaired or has an orthopedic impairment or physical |
| 17 | | disability and
he or she might be eligible to receive services |
| 18 | | from the Illinois School for
the Deaf, the Illinois School for |
| 19 | | the Visually Impaired, or the Illinois Center for |
| 20 | | Rehabilitation and Education-Roosevelt, the school
district |
| 21 | | shall notify the parents, in writing, of the existence of
|
| 22 | | these schools
and the services
they provide and shall make a |
| 23 | | reasonable effort to inform the parents of the existence of |
| 24 | | other, local schools that provide similar services and the |
| 25 | | services that these other schools provide. This notification
|
| 26 | | shall
include without limitation information on school |
|
| | HB5501 | - 953 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | services, school
admissions criteria, and school contact |
| 2 | | information.
|
| 3 | | In the development of the individualized education program |
| 4 | | for a student who has a disability on the autism spectrum |
| 5 | | (which includes autistic disorder, Asperger's disorder, |
| 6 | | pervasive developmental disorder not otherwise specified, |
| 7 | | childhood disintegrative disorder, and Rett Syndrome, as |
| 8 | | defined in the Diagnostic and Statistical Manual of Mental |
| 9 | | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall |
| 10 | | consider all of the following factors: |
| 11 | | (1) The verbal and nonverbal communication needs of |
| 12 | | the child. |
| 13 | | (2) The need to develop social interaction skills and |
| 14 | | proficiencies. |
| 15 | | (3) The needs resulting from the child's unusual |
| 16 | | responses to sensory experiences. |
| 17 | | (4) The needs resulting from resistance to |
| 18 | | environmental change or change in daily routines. |
| 19 | | (5) The needs resulting from engagement in repetitive |
| 20 | | activities and stereotyped movements. |
| 21 | | (6) The need for any positive behavioral |
| 22 | | interventions, strategies, and supports to address any |
| 23 | | behavioral difficulties resulting from autism spectrum |
| 24 | | disorder. |
| 25 | | (7) Other needs resulting from the child's disability |
| 26 | | that impact progress in the general curriculum, including |
|
| | HB5501 | - 954 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | social and emotional development. |
| 2 | | Public Act 95-257
does not create any new entitlement to a |
| 3 | | service, program, or benefit, but must not affect any |
| 4 | | entitlement to a service, program, or benefit created by any |
| 5 | | other law.
|
| 6 | | If the student may be eligible to participate in the |
| 7 | | Home-Based Support
Services Program for Adults with Mental |
| 8 | | Disabilities authorized under the
Developmental Disability and |
| 9 | | Mental Disability Services Act upon becoming an
adult, the |
| 10 | | student's individualized education program shall include plans |
| 11 | | for
(i) determining the student's eligibility for those |
| 12 | | home-based services, (ii)
enrolling the student in the program |
| 13 | | of home-based services, and (iii)
developing a plan for the |
| 14 | | student's most effective use of the home-based
services after |
| 15 | | the student becomes an adult and no longer receives special
|
| 16 | | educational services under this Article. The plans developed |
| 17 | | under this
paragraph shall include specific actions to be |
| 18 | | taken by specified individuals,
agencies, or officials.
|
| 19 | | (c) In the development of the individualized education |
| 20 | | program for a
student who is functionally blind, it shall be |
| 21 | | presumed that proficiency in
Braille reading and writing is |
| 22 | | essential for the student's satisfactory
educational progress. |
| 23 | | For purposes of this subsection, the State Board of
Education |
| 24 | | shall determine the criteria for a student to be classified as
|
| 25 | | functionally blind. Students who are not currently identified |
| 26 | | as
functionally blind who are also entitled to Braille |
|
| | HB5501 | - 955 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | instruction include:
(i) those whose vision loss is so severe |
| 2 | | that they are unable to read and
write at a level comparable to |
| 3 | | their peers solely through the use of
vision, and (ii) those |
| 4 | | who show evidence of progressive vision loss that
may result |
| 5 | | in functional blindness. Each student who is functionally |
| 6 | | blind
shall be entitled to Braille reading and writing |
| 7 | | instruction that is
sufficient to enable the student to |
| 8 | | communicate with the same level of
proficiency as other |
| 9 | | students of comparable ability. Instruction should be
provided |
| 10 | | to the extent that the student is physically and cognitively |
| 11 | | able
to use Braille. Braille instruction may be used in |
| 12 | | combination with other
special education services appropriate |
| 13 | | to the student's educational needs.
The assessment of each |
| 14 | | student who is functionally blind for the purpose of
|
| 15 | | developing the student's individualized education program |
| 16 | | shall include
documentation of the student's strengths and |
| 17 | | weaknesses in Braille skills.
Each person assisting in the |
| 18 | | development of the individualized education
program for a |
| 19 | | student who is functionally blind shall receive information
|
| 20 | | describing the benefits of Braille instruction. The |
| 21 | | individualized
education program for each student who is |
| 22 | | functionally blind shall
specify the appropriate learning |
| 23 | | medium or media based on the assessment
report.
|
| 24 | | (d) To the maximum extent appropriate, the placement shall |
| 25 | | provide the
child with the opportunity to be educated with |
| 26 | | children who do not have a disability; provided that children |
|
| | HB5501 | - 956 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with
disabilities who are recommended to be
placed into |
| 2 | | regular education classrooms are provided with supplementary
|
| 3 | | services to assist the children with disabilities to benefit
|
| 4 | | from the regular
classroom instruction and are included on the |
| 5 | | teacher's regular education class
register. Subject to the |
| 6 | | limitation of the preceding sentence, placement in
special |
| 7 | | classes, separate schools or other removal of the child with a |
| 8 | | disability
from the regular educational environment shall |
| 9 | | occur only when the nature of
the severity of the disability is |
| 10 | | such that education in the
regular classes with
the use of |
| 11 | | supplementary aids and services cannot be achieved |
| 12 | | satisfactorily.
The placement of English learners with |
| 13 | | disabilities shall
be in non-restrictive environments which |
| 14 | | provide for integration with
peers who do not have |
| 15 | | disabilities in bilingual classrooms. Annually, each January, |
| 16 | | school districts shall report data on students from |
| 17 | | non-English
speaking backgrounds receiving special education |
| 18 | | and related services in
public and private facilities as |
| 19 | | prescribed in Section 2-3.30. If there
is a disagreement |
| 20 | | between parties involved regarding the special education
|
| 21 | | placement of any child, either in-state or out-of-state, the |
| 22 | | placement is
subject to impartial due process procedures |
| 23 | | described in Article 10 of the
Rules and Regulations to Govern |
| 24 | | the Administration and Operation of Special
Education.
|
| 25 | | (e) No child who comes from a home in which a language |
| 26 | | other than English
is the principal language used may be |
|
| | HB5501 | - 957 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | assigned to any class or program
under this Article until he |
| 2 | | has been given, in the principal language
used by the child and |
| 3 | | used in his home, tests reasonably related to his
cultural |
| 4 | | environment. All testing and evaluation materials and |
| 5 | | procedures
utilized for evaluation and placement shall not be |
| 6 | | linguistically, racially or
culturally discriminatory.
|
| 7 | | (f) Nothing in this Article shall be construed to require |
| 8 | | any child to
undergo any physical examination or medical |
| 9 | | treatment whose parents object thereto on the grounds that |
| 10 | | such examination or
treatment conflicts with his religious |
| 11 | | beliefs.
|
| 12 | | (g) School boards or their designee shall provide to the |
| 13 | | parents of a child or, if applicable, the Department of |
| 14 | | Children and Family Services' Office of Education and |
| 15 | | Transition Services prior written notice of any decision (a) |
| 16 | | proposing
to initiate or change, or (b) refusing to initiate |
| 17 | | or change, the
identification, evaluation, or educational |
| 18 | | placement of the child or the
provision of a free appropriate |
| 19 | | public education to their child, and the
reasons therefor. For |
| 20 | | a parent, such written notification shall also inform the
|
| 21 | | parent of the opportunity to present complaints with respect
|
| 22 | | to any matter relating to the educational placement of the |
| 23 | | student, or
the provision of a free appropriate public |
| 24 | | education and to have an
impartial due process hearing on the |
| 25 | | complaint. The notice shall inform
the parents in the parents' |
| 26 | | native language,
unless it is clearly not feasible to do so, of |
|
| | HB5501 | - 958 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | their rights and all
procedures available pursuant to this Act |
| 2 | | and the federal Individuals with Disabilities Education |
| 3 | | Improvement Act of 2004 (Public Law 108-446); it
shall be the |
| 4 | | responsibility of the State Superintendent to develop
uniform |
| 5 | | notices setting forth the procedures available under this Act
|
| 6 | | and the federal Individuals with Disabilities Education |
| 7 | | Improvement Act of 2004 (Public Law 108-446) to be used by all |
| 8 | | school boards. The notice
shall also inform the parents of the |
| 9 | | availability upon
request of a list of free or low-cost legal |
| 10 | | and other relevant services
available locally to assist |
| 11 | | parents in initiating an
impartial due process hearing. The |
| 12 | | State Superintendent shall revise the uniform notices required |
| 13 | | by this subsection (g) to reflect current law and procedures |
| 14 | | at least once every 2 years. Any parent who is deaf, or
does |
| 15 | | not normally communicate using spoken English, who |
| 16 | | participates in
a meeting with a representative of a local |
| 17 | | educational agency for the
purposes of developing an |
| 18 | | individualized educational program shall be
entitled to the |
| 19 | | services of an interpreter. The State Board of Education must |
| 20 | | adopt rules to establish the criteria, standards, and |
| 21 | | competencies for a bilingual language interpreter who attends |
| 22 | | an individualized education program meeting under this |
| 23 | | subsection to assist a parent who has limited English |
| 24 | | proficiency.
|
| 25 | | (g-5) For purposes of this subsection (g-5), "qualified |
| 26 | | professional" means an individual who holds credentials to |
|
| | HB5501 | - 959 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | evaluate the child in the domain or domains for which an |
| 2 | | evaluation is sought or an intern working under the direct |
| 3 | | supervision of a qualified professional, including a master's |
| 4 | | or doctoral degree candidate. |
| 5 | | To ensure that a parent can participate fully and |
| 6 | | effectively with school personnel in the development of |
| 7 | | appropriate educational and related services for his or her |
| 8 | | child, the parent, an independent educational evaluator, or a |
| 9 | | qualified professional retained by or on behalf of a parent or |
| 10 | | child must be afforded reasonable access to educational |
| 11 | | facilities, personnel, classrooms, and buildings and to the |
| 12 | | child as provided in this subsection (g-5). The requirements |
| 13 | | of this subsection (g-5) apply to any public school facility, |
| 14 | | building, or program and to any facility, building, or program |
| 15 | | supported in whole or in part by public funds. Prior to |
| 16 | | visiting a school, school building, or school facility, the |
| 17 | | parent, independent educational evaluator, or qualified |
| 18 | | professional may be required by the school district to inform |
| 19 | | the building principal or supervisor in writing of the |
| 20 | | proposed visit, the purpose of the visit, and the approximate |
| 21 | | duration of the visit. The visitor and the school district |
| 22 | | shall arrange the visit or visits at times that are mutually |
| 23 | | agreeable. Visitors shall comply with school safety, security, |
| 24 | | and visitation policies at all times. School district |
| 25 | | visitation policies must not conflict with this subsection |
| 26 | | (g-5). Visitors shall be required to comply with the |
|
| | HB5501 | - 960 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | requirements of applicable privacy laws, including those laws |
| 2 | | protecting the confidentiality of education records such as |
| 3 | | the federal Family Educational Rights and Privacy Act and the |
| 4 | | Illinois School Student Records Act. The visitor shall not |
| 5 | | disrupt the educational process. |
| 6 | | (1) A parent must be afforded reasonable access of |
| 7 | | sufficient duration and scope for the purpose of observing |
| 8 | | his or her child in the child's current educational |
| 9 | | placement, services, or program or for the purpose of |
| 10 | | visiting an educational placement or program proposed for |
| 11 | | the child. |
| 12 | | (2) An independent educational evaluator or a |
| 13 | | qualified professional retained by or on behalf of a |
| 14 | | parent or child must be afforded reasonable access of |
| 15 | | sufficient duration and scope for the purpose of |
| 16 | | conducting an evaluation of the child, the child's |
| 17 | | performance, the child's current educational program, |
| 18 | | placement, services, or environment, or any educational |
| 19 | | program, placement, services, or environment proposed for |
| 20 | | the child, including interviews of educational personnel, |
| 21 | | child observations, assessments, tests or assessments of |
| 22 | | the child's educational program, services, or placement or |
| 23 | | of any proposed educational program, services, or |
| 24 | | placement. If one or more interviews of school personnel |
| 25 | | are part of the evaluation, the interviews must be |
| 26 | | conducted at a mutually agreed upon time, date, and place |
|
| | HB5501 | - 963 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | cooperative, recommended by a different statewide |
| 2 | | association that represents teachers. |
| 3 | | (E) One educator or administrator from a nonpublic |
| 4 | | special education school. |
| 5 | | (F) One representative of a statewide association that |
| 6 | | represents school administrators. |
| 7 | | (G) One representative of a statewide association
that |
| 8 | | represents school business officials. |
| 9 | | (H) One representative of a statewide association that |
| 10 | | represents private special education schools in rural |
| 11 | | school districts. |
| 12 | | (I) One representative from a residential program. |
| 13 | | Members appointed to the Commission must reflect the |
| 14 | | racial, ethnic, and geographic diversity of this State. |
| 15 | | (c) Members of the Commission shall serve without |
| 16 | | compensation, but may be reimbursed for their reasonable and |
| 17 | | necessary expenses from funds appropriated to the State Board |
| 18 | | of Education for that purpose. |
| 19 | | (d) The State Board of Education shall provide |
| 20 | | administrative support to the Commission. |
| 21 | | (e) To ensure that high-quality services are provided to |
| 22 | | ensure equitable outcomes for high-cost special education |
| 23 | | students, the Commission shall do all the following: |
| 24 | | (1) Review the current system of funding high-cost |
| 25 | | special education students in this State. |
| 26 | | (2) Review the needs of high-cost special education |
|
| | HB5501 | - 965 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | student's 22nd birthday. |
| 2 | | (c) The IEP goals in effect when the student reached the |
| 3 | | student's 22nd birthday shall be resumed unless there is an |
| 4 | | agreement that the goals should be revised to appropriately |
| 5 | | meet the student's current transition needs. |
| 6 | | (d) If a student was in a private therapeutic day or |
| 7 | | residential program when the student reached the student's |
| 8 | | 22nd birthday, the school district is not required to resume |
| 9 | | that program for the student if the student has aged out of the |
| 10 | | program or the funding for supporting the student's placement |
| 11 | | in the facility is no longer available. |
| 12 | | (e) Within 30 days after July 28, 2021 (the effective date |
| 13 | | of Public Act 102-173) this amendatory Act of the 102nd |
| 14 | | General Assembly, each school district shall provide |
| 15 | | notification of the availability of services under this |
| 16 | | Section to each student covered by this Section by regular |
| 17 | | mail sent to the last known address of the student or the |
| 18 | | student's parent or guardian.
|
| 19 | | (Source: P.A. 102-173, eff. 7-28-21; revised 11-9-21.)
|
| 20 | | (105 ILCS 5/18-8.15) |
| 21 | | Sec. 18-8.15. Evidence-Based Funding for student success |
| 22 | | for the 2017-2018 and subsequent school years. |
| 23 | | (a) General provisions. |
| 24 | | (1) The purpose of this Section is to ensure that, by |
| 25 | | June 30, 2027 and beyond, this State has a kindergarten |
|
| | HB5501 | - 966 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | through grade 12 public education system with the capacity |
| 2 | | to ensure the educational development of all persons to |
| 3 | | the limits of their capacities in accordance with Section |
| 4 | | 1 of Article X of the Constitution of the State of |
| 5 | | Illinois. To accomplish that objective, this Section |
| 6 | | creates a method of funding public education that is |
| 7 | | evidence-based; is sufficient to ensure every student |
| 8 | | receives a meaningful opportunity to learn irrespective of |
| 9 | | race, ethnicity, sexual orientation, gender, or |
| 10 | | community-income level; and is sustainable and |
| 11 | | predictable. When fully funded under this Section, every |
| 12 | | school shall have the resources, based on what the |
| 13 | | evidence indicates is needed, to: |
| 14 | | (A) provide all students with a high quality |
| 15 | | education that offers the academic, enrichment, social |
| 16 | | and emotional support, technical, and career-focused |
| 17 | | programs that will allow them to become competitive |
| 18 | | workers, responsible parents, productive citizens of |
| 19 | | this State, and active members of our national |
| 20 | | democracy; |
| 21 | | (B) ensure all students receive the education they |
| 22 | | need to graduate from high school with the skills |
| 23 | | required to pursue post-secondary education and |
| 24 | | training for a rewarding career; |
| 25 | | (C) reduce, with a goal of eliminating, the |
| 26 | | achievement gap between at-risk and non-at-risk |
|
| | HB5501 | - 967 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | students by raising the performance of at-risk |
| 2 | | students and not by reducing standards; and |
| 3 | | (D) ensure this State satisfies its obligation to |
| 4 | | assume the primary responsibility to fund public |
| 5 | | education and simultaneously relieve the |
| 6 | | disproportionate burden placed on local property taxes |
| 7 | | to fund schools. |
| 8 | | (2) The Evidence-Based Funding formula under this |
| 9 | | Section shall be applied to all Organizational Units in |
| 10 | | this State. The Evidence-Based Funding formula outlined in |
| 11 | | this Act is based on the formula outlined in Senate Bill 1 |
| 12 | | of the 100th General Assembly, as passed by both |
| 13 | | legislative chambers. As further defined and described in |
| 14 | | this Section, there are 4 major components of the |
| 15 | | Evidence-Based Funding model: |
| 16 | | (A) First, the model calculates a unique Adequacy |
| 17 | | Target for each Organizational Unit in this State that |
| 18 | | considers the costs to implement research-based |
| 19 | | activities, the unit's student demographics, and |
| 20 | | regional wage differences. |
| 21 | | (B) Second, the model calculates each |
| 22 | | Organizational Unit's Local Capacity, or the amount |
| 23 | | each Organizational Unit is assumed to contribute |
| 24 | | toward its Adequacy Target from local resources. |
| 25 | | (C) Third, the model calculates how much funding |
| 26 | | the State currently contributes to the Organizational |
|
| | HB5501 | - 968 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Unit and adds that to the unit's Local Capacity to |
| 2 | | determine the unit's overall current adequacy of |
| 3 | | funding. |
| 4 | | (D) Finally, the model's distribution method |
| 5 | | allocates new State funding to those Organizational |
| 6 | | Units that are least well-funded, considering both |
| 7 | | Local Capacity and State funding, in relation to their |
| 8 | | Adequacy Target. |
| 9 | | (3) An Organizational Unit receiving any funding under |
| 10 | | this Section may apply those funds to any fund so received |
| 11 | | for which that Organizational Unit is authorized to make |
| 12 | | expenditures by law. |
| 13 | | (4) As used in this Section, the following terms shall |
| 14 | | have the meanings ascribed in this paragraph (4): |
| 15 | | "Adequacy Target" is defined in paragraph (1) of |
| 16 | | subsection (b) of this Section. |
| 17 | | "Adjusted EAV" is defined in paragraph (4) of |
| 18 | | subsection (d) of this Section. |
| 19 | | "Adjusted Local Capacity Target" is defined in |
| 20 | | paragraph (3) of subsection (c) of this Section. |
| 21 | | "Adjusted Operating Tax Rate" means a tax rate for all |
| 22 | | Organizational Units, for which the State Superintendent |
| 23 | | shall calculate and subtract for the Operating Tax Rate a |
| 24 | | transportation rate based on total expenses for |
| 25 | | transportation services under this Code, as reported on |
| 26 | | the most recent Annual Financial Report in Pupil |
|
| | HB5501 | - 969 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Transportation Services, function 2550 in both the |
| 2 | | Education and Transportation funds and functions 4110 and |
| 3 | | 4120 in the Transportation fund, less any corresponding |
| 4 | | fiscal year State of Illinois scheduled payments excluding |
| 5 | | net adjustments for prior years for regular, vocational, |
| 6 | | or special education transportation reimbursement pursuant |
| 7 | | to Section 29-5 or subsection (b) of Section 14-13.01 of |
| 8 | | this Code divided by the Adjusted EAV. If an |
| 9 | | Organizational Unit's corresponding fiscal year State of |
| 10 | | Illinois scheduled payments excluding net adjustments for |
| 11 | | prior years for regular, vocational, or special education |
| 12 | | transportation reimbursement pursuant to Section 29-5 or |
| 13 | | subsection (b) of Section 14-13.01 of this Code exceed the |
| 14 | | total transportation expenses, as defined in this |
| 15 | | paragraph, no transportation rate shall be subtracted from |
| 16 | | the Operating Tax Rate. |
| 17 | | "Allocation Rate" is defined in paragraph (3) of |
| 18 | | subsection (g) of this Section. |
| 19 | | "Alternative School" means a public school that is |
| 20 | | created and operated by a regional superintendent of |
| 21 | | schools and approved by the State Board. |
| 22 | | "Applicable Tax Rate" is defined in paragraph (1) of |
| 23 | | subsection (d) of this Section. |
| 24 | | "Assessment" means any of those benchmark, progress |
| 25 | | monitoring, formative, diagnostic, and other assessments, |
| 26 | | in addition to the State accountability assessment, that |
|
| | HB5501 | - 970 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | assist teachers' needs in understanding the skills and |
| 2 | | meeting the needs of the students they serve. |
| 3 | | "Assistant principal" means a school administrator |
| 4 | | duly endorsed to be employed as an assistant principal in |
| 5 | | this State. |
| 6 | | "At-risk student" means a student who is at risk of |
| 7 | | not meeting the Illinois Learning Standards or not |
| 8 | | graduating from elementary or high school and who |
| 9 | | demonstrates a need for vocational support or social |
| 10 | | services beyond that provided by the regular school |
| 11 | | program. All students included in an Organizational Unit's |
| 12 | | Low-Income Count, as well as all English learner and |
| 13 | | disabled students attending the Organizational Unit, shall |
| 14 | | be considered at-risk students under this Section. |
| 15 | | "Average Student Enrollment" or "ASE" for fiscal year |
| 16 | | 2018 means, for an Organizational Unit, the greater of the |
| 17 | | average number of students (grades K through 12) reported |
| 18 | | to the State Board as enrolled in the Organizational Unit |
| 19 | | on October 1 in the immediately preceding school year, |
| 20 | | plus the pre-kindergarten students who receive special |
| 21 | | education services of 2 or more hours a day as reported to |
| 22 | | the State Board on December 1 in the immediately preceding |
| 23 | | school year, or the average number of students (grades K |
| 24 | | through 12) reported to the State Board as enrolled in the |
| 25 | | Organizational Unit on October 1, plus the |
| 26 | | pre-kindergarten students who receive special education |
|
| | HB5501 | - 971 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | services of 2 or more hours a day as reported to the State |
| 2 | | Board on December 1, for each of the immediately preceding |
| 3 | | 3 school years. For fiscal year 2019 and each subsequent |
| 4 | | fiscal year, "Average Student Enrollment" or "ASE" means, |
| 5 | | for an Organizational Unit, the greater of the average |
| 6 | | number of students (grades K through 12) reported to the |
| 7 | | State Board as enrolled in the Organizational Unit on |
| 8 | | October 1 and March 1 in the immediately preceding school |
| 9 | | year, plus the pre-kindergarten students who receive |
| 10 | | special education services as reported to the State Board |
| 11 | | on October 1 and March 1 in the immediately preceding |
| 12 | | school year, or the average number of students (grades K |
| 13 | | through 12) reported to the State Board as enrolled in the |
| 14 | | Organizational Unit on October 1 and March 1, plus the |
| 15 | | pre-kindergarten students who receive special education |
| 16 | | services as reported to the State Board on October 1 and |
| 17 | | March 1, for each of the immediately preceding 3 school |
| 18 | | years. For the purposes of this definition, "enrolled in |
| 19 | | the Organizational Unit" means the number of students |
| 20 | | reported to the State Board who are enrolled in schools |
| 21 | | within the Organizational Unit that the student attends or |
| 22 | | would attend if not placed or transferred to another |
| 23 | | school or program to receive needed services. For the |
| 24 | | purposes of calculating "ASE", all students, grades K |
| 25 | | through 12, excluding those attending kindergarten for a |
| 26 | | half day and students attending an alternative education |
|
| | HB5501 | - 972 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | program operated by a regional office of education or |
| 2 | | intermediate service center, shall be counted as 1.0. All |
| 3 | | students attending kindergarten for a half day shall be |
| 4 | | counted as 0.5, unless in 2017 by June 15 or by March 1 in |
| 5 | | subsequent years, the school district reports to the State |
| 6 | | Board of Education the intent to implement full-day |
| 7 | | kindergarten district-wide for all students, then all |
| 8 | | students attending kindergarten shall be counted as 1.0. |
| 9 | | Special education pre-kindergarten students shall be |
| 10 | | counted as 0.5 each. If the State Board does not collect or |
| 11 | | has not collected both an October 1 and March 1 enrollment |
| 12 | | count by grade or a December 1 collection of special |
| 13 | | education pre-kindergarten students as of August 31, 2017 |
| 14 | | (the effective date of Public Act 100-465), it shall |
| 15 | | establish such collection for all future years. For any |
| 16 | | year in which a count by grade level was collected only |
| 17 | | once, that count shall be used as the single count |
| 18 | | available for computing a 3-year average ASE. Funding for |
| 19 | | programs operated by a regional office of education or an |
| 20 | | intermediate service center must be calculated using the |
| 21 | | Evidence-Based Funding formula under this Section for the |
| 22 | | 2019-2020 school year and each subsequent school year |
| 23 | | until separate adequacy formulas are developed and adopted |
| 24 | | for each type of program. ASE for a program operated by a |
| 25 | | regional office of education or an intermediate service |
| 26 | | center must be determined by the March 1 enrollment for |
|
| | HB5501 | - 973 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the program. For the 2019-2020 school year, the ASE used |
| 2 | | in the calculation must be the first-year ASE and, in that |
| 3 | | year only, the assignment of students served by a regional |
| 4 | | office of education or intermediate service center shall |
| 5 | | not result in a reduction of the March enrollment for any |
| 6 | | school district. For the 2020-2021 school year, the ASE |
| 7 | | must be the greater of the current-year ASE or the 2-year |
| 8 | | average ASE. Beginning with the 2021-2022 school year, the |
| 9 | | ASE must be the greater of the current-year ASE or the |
| 10 | | 3-year average ASE. School districts shall submit the data |
| 11 | | for the ASE calculation to the State Board within 45 days |
| 12 | | of the dates required in this Section for submission of |
| 13 | | enrollment data in order for it to be included in the ASE |
| 14 | | calculation. For fiscal year 2018 only, the ASE |
| 15 | | calculation shall include only enrollment taken on October |
| 16 | | 1. In recognition of the impact of COVID-19, the |
| 17 | | definition of "Average Student Enrollment" or "ASE" shall |
| 18 | | be adjusted for calculations under this Section for fiscal |
| 19 | | years 2022 through 2024. For fiscal years 2022 through |
| 20 | | 2024, the enrollment used in the calculation of ASE |
| 21 | | representing the 2020-2021 school year shall be the |
| 22 | | greater of the enrollment for the 2020-2021 school year or |
| 23 | | the 2019-2020 school year. |
| 24 | | "Base Funding Guarantee" is defined in paragraph (10) |
| 25 | | of subsection (g) of this Section. |
| 26 | | "Base Funding Minimum" is defined in subsection (e) of |
|
| | HB5501 | - 974 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this Section. |
| 2 | | "Base Tax Year" means the property tax levy year used |
| 3 | | to calculate the Budget Year allocation of primary State |
| 4 | | aid. |
| 5 | | "Base Tax Year's Extension" means the product of the |
| 6 | | equalized assessed valuation utilized by the county clerk |
| 7 | | in the Base Tax Year multiplied by the limiting rate as |
| 8 | | calculated by the county clerk and defined in PTELL. |
| 9 | | "Bilingual Education Allocation" means the amount of |
| 10 | | an Organizational Unit's final Adequacy Target |
| 11 | | attributable to bilingual education divided by the |
| 12 | | Organizational Unit's final Adequacy Target, the product |
| 13 | | of which shall be multiplied by the amount of new funding |
| 14 | | received pursuant to this Section. An Organizational |
| 15 | | Unit's final Adequacy Target attributable to bilingual |
| 16 | | education shall include all additional investments in |
| 17 | | English learner students' adequacy elements. |
| 18 | | "Budget Year" means the school year for which primary |
| 19 | | State aid is calculated and awarded under this Section. |
| 20 | | "Central office" means individual administrators and |
| 21 | | support service personnel charged with managing the |
| 22 | | instructional programs, business and operations, and |
| 23 | | security of the Organizational Unit. |
| 24 | | "Comparable Wage Index" or "CWI" means a regional cost |
| 25 | | differentiation metric that measures systemic, regional |
| 26 | | variations in the salaries of college graduates who are |
|
| | HB5501 | - 975 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | not educators. The CWI utilized for this Section shall, |
| 2 | | for the first 3 years of Evidence-Based Funding |
| 3 | | implementation, be the CWI initially developed by the |
| 4 | | National Center for Education Statistics, as most recently |
| 5 | | updated by Texas A & M University. In the fourth and |
| 6 | | subsequent years of Evidence-Based Funding implementation, |
| 7 | | the State Superintendent shall re-determine the CWI using |
| 8 | | a similar methodology to that identified in the Texas A & M |
| 9 | | University study, with adjustments made no less frequently |
| 10 | | than once every 5 years. |
| 11 | | "Computer technology and equipment" means computers |
| 12 | | servers, notebooks, network equipment, copiers, printers, |
| 13 | | instructional software, security software, curriculum |
| 14 | | management courseware, and other similar materials and |
| 15 | | equipment. |
| 16 | | "Computer technology and equipment investment |
| 17 | | allocation" means the final Adequacy Target amount of an |
| 18 | | Organizational Unit assigned to Tier 1 or Tier 2 in the |
| 19 | | prior school year attributable to the additional $285.50 |
| 20 | | per student computer technology and equipment investment |
| 21 | | grant divided by the Organizational Unit's final Adequacy |
| 22 | | Target, the result of which shall be multiplied by the |
| 23 | | amount of new funding received pursuant to this Section. |
| 24 | | An Organizational Unit assigned to a Tier 1 or Tier 2 final |
| 25 | | Adequacy Target attributable to the received computer |
| 26 | | technology and equipment investment grant shall include |
|
| | HB5501 | - 976 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | all additional investments in computer technology and |
| 2 | | equipment adequacy elements. |
| 3 | | "Core subject" means mathematics; science; reading, |
| 4 | | English, writing, and language arts; history and social |
| 5 | | studies; world languages; and subjects taught as Advanced |
| 6 | | Placement in high schools. |
| 7 | | "Core teacher" means a regular classroom teacher in |
| 8 | | elementary schools and teachers of a core subject in |
| 9 | | middle and high schools. |
| 10 | | "Core Intervention teacher (tutor)" means a licensed |
| 11 | | teacher providing one-on-one or small group tutoring to |
| 12 | | students struggling to meet proficiency in core subjects. |
| 13 | | "CPPRT" means corporate personal property replacement |
| 14 | | tax funds paid to an Organizational Unit during the |
| 15 | | calendar year one year before the calendar year in which a |
| 16 | | school year begins, pursuant to "An Act in relation to the |
| 17 | | abolition of ad valorem personal property tax and the |
| 18 | | replacement of revenues lost thereby, and amending and |
| 19 | | repealing certain Acts and parts of Acts in connection |
| 20 | | therewith", certified August 14, 1979, as amended (Public |
| 21 | | Act 81-1st S.S.-1). |
| 22 | | "EAV" means equalized assessed valuation as defined in |
| 23 | | paragraph (2) of subsection (d) of this Section and |
| 24 | | calculated in accordance with paragraph (3) of subsection |
| 25 | | (d) of this Section. |
| 26 | | "ECI" means the Bureau of Labor Statistics' national |
|
| | HB5501 | - 977 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | employment cost index for civilian workers in educational |
| 2 | | services in elementary and secondary schools on a |
| 3 | | cumulative basis for the 12-month calendar year preceding |
| 4 | | the fiscal year of the Evidence-Based Funding calculation. |
| 5 | | "EIS Data" means the employment information system |
| 6 | | data maintained by the State Board on educators within |
| 7 | | Organizational Units. |
| 8 | | "Employee benefits" means health, dental, and vision |
| 9 | | insurance offered to employees of an Organizational Unit, |
| 10 | | the costs associated with the statutorily required payment |
| 11 | | of the normal cost of the Organizational Unit's teacher |
| 12 | | pensions, Social Security employer contributions, and |
| 13 | | Illinois Municipal Retirement Fund employer contributions. |
| 14 | | "English learner" or "EL" means a child included in |
| 15 | | the definition of "English learners" under Section 14C-2 |
| 16 | | of this Code participating in a program of transitional |
| 17 | | bilingual education or a transitional program of |
| 18 | | instruction meeting the requirements and program |
| 19 | | application procedures of Article 14C of this Code. For |
| 20 | | the purposes of collecting the number of EL students |
| 21 | | enrolled, the same collection and calculation methodology |
| 22 | | as defined above for "ASE" shall apply to English |
| 23 | | learners, with the exception that EL student enrollment |
| 24 | | shall include students in grades pre-kindergarten through |
| 25 | | 12. |
| 26 | | "Essential Elements" means those elements, resources, |
|
| | HB5501 | - 978 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and educational programs that have been identified through |
| 2 | | academic research as necessary to improve student success, |
| 3 | | improve academic performance, close achievement gaps, and |
| 4 | | provide for other per student costs related to the |
| 5 | | delivery and leadership of the Organizational Unit, as |
| 6 | | well as the maintenance and operations of the unit, and |
| 7 | | which are specified in paragraph (2) of subsection (b) of |
| 8 | | this Section. |
| 9 | | "Evidence-Based Funding" means State funding provided |
| 10 | | to an Organizational Unit pursuant to this Section. |
| 11 | | "Extended day" means academic and enrichment programs |
| 12 | | provided to students outside the regular school day before |
| 13 | | and after school or during non-instructional times during |
| 14 | | the school day. |
| 15 | | "Extension Limitation Ratio" means a numerical ratio |
| 16 | | in which the numerator is the Base Tax Year's Extension |
| 17 | | and the denominator is the Preceding Tax Year's Extension. |
| 18 | | "Final Percent of Adequacy" is defined in paragraph |
| 19 | | (4) of subsection (f) of this Section. |
| 20 | | "Final Resources" is defined in paragraph (3) of |
| 21 | | subsection (f) of this Section. |
| 22 | | "Full-time equivalent" or "FTE" means the full-time |
| 23 | | equivalency compensation for staffing the relevant |
| 24 | | position at an Organizational Unit. |
| 25 | | "Funding Gap" is defined in paragraph (1) of |
| 26 | | subsection (g). |
|
| | HB5501 | - 979 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Hybrid District" means a partial elementary unit |
| 2 | | district created pursuant to Article 11E of this Code. |
| 3 | | "Instructional assistant" means a core or special |
| 4 | | education, non-licensed employee who assists a teacher in |
| 5 | | the classroom and provides academic support to students. |
| 6 | | "Instructional facilitator" means a qualified teacher |
| 7 | | or licensed teacher leader who facilitates and coaches |
| 8 | | continuous improvement in classroom instruction; provides |
| 9 | | instructional support to teachers in the elements of |
| 10 | | research-based instruction or demonstrates the alignment |
| 11 | | of instruction with curriculum standards and assessment |
| 12 | | tools; develops or coordinates instructional programs or |
| 13 | | strategies; develops and implements training; chooses |
| 14 | | standards-based instructional materials; provides |
| 15 | | teachers with an understanding of current research; serves |
| 16 | | as a mentor, site coach, curriculum specialist, or lead |
| 17 | | teacher; or otherwise works with fellow teachers, in |
| 18 | | collaboration, to use data to improve instructional |
| 19 | | practice or develop model lessons. |
| 20 | | "Instructional materials" means relevant |
| 21 | | instructional materials for student instruction, |
| 22 | | including, but not limited to, textbooks, consumable |
| 23 | | workbooks, laboratory equipment, library books, and other |
| 24 | | similar materials. |
| 25 | | "Laboratory School" means a public school that is |
| 26 | | created and operated by a public university and approved |
|
| | HB5501 | - 980 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | by the State Board. |
| 2 | | "Librarian" means a teacher with an endorsement as a |
| 3 | | library information specialist or another individual whose |
| 4 | | primary responsibility is overseeing library resources |
| 5 | | within an Organizational Unit. |
| 6 | | "Limiting rate for Hybrid Districts" means the |
| 7 | | combined elementary school and high school limiting rates. |
| 8 | | "Local Capacity" is defined in paragraph (1) of |
| 9 | | subsection (c) of this Section. |
| 10 | | "Local Capacity Percentage" is defined in subparagraph |
| 11 | | (A) of paragraph (2) of subsection (c) of this Section. |
| 12 | | "Local Capacity Ratio" is defined in subparagraph (B) |
| 13 | | of paragraph (2) of subsection (c) of this Section. |
| 14 | | "Local Capacity Target" is defined in paragraph (2) of |
| 15 | | subsection (c) of this Section. |
| 16 | | "Low-Income Count" means, for an Organizational Unit |
| 17 | | in a fiscal year, the higher of the average number of |
| 18 | | students for the prior school year or the immediately |
| 19 | | preceding 3 school years who, as of July 1 of the |
| 20 | | immediately preceding fiscal year (as determined by the |
| 21 | | Department of Human Services), are eligible for at least |
| 22 | | one of the following low-income programs: Medicaid, the |
| 23 | | Children's Health Insurance Program, Temporary Assistance |
| 24 | | for Needy Families (TANF), or the Supplemental Nutrition |
| 25 | | Assistance Program, excluding pupils who are eligible for |
| 26 | | services provided by the Department of Children and Family |
|
| | HB5501 | - 981 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Services. Until such time that grade level low-income |
| 2 | | populations become available, grade level low-income |
| 3 | | populations shall be determined by applying the low-income |
| 4 | | percentage to total student enrollments by grade level. |
| 5 | | The low-income percentage is determined by dividing the |
| 6 | | Low-Income Count by the Average Student Enrollment. The |
| 7 | | low-income percentage for programs operated by a regional |
| 8 | | office of education or an intermediate service center must |
| 9 | | be set to the weighted average of the low-income |
| 10 | | percentages of all of the school districts in the service |
| 11 | | region. The weighted low-income percentage is the result |
| 12 | | of multiplying the low-income percentage of each school |
| 13 | | district served by the regional office of education or |
| 14 | | intermediate service center by each school district's |
| 15 | | Average Student Enrollment, summarizing those products and |
| 16 | | dividing the total by the total Average Student Enrollment |
| 17 | | for the service region. |
| 18 | | "Maintenance and operations" means custodial services, |
| 19 | | facility and ground maintenance, facility operations, |
| 20 | | facility security, routine facility repairs, and other |
| 21 | | similar services and functions. |
| 22 | | "Minimum Funding Level" is defined in paragraph (9) of |
| 23 | | subsection (g) of this Section. |
| 24 | | "New Property Tax Relief Pool Funds" means, for any |
| 25 | | given fiscal year, all State funds appropriated under |
| 26 | | Section 2-3.170 of this Code. |
|
| | HB5501 | - 982 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "New State Funds" means, for a given school year, all |
| 2 | | State funds appropriated for Evidence-Based Funding in |
| 3 | | excess of the amount needed to fund the Base Funding |
| 4 | | Minimum for all Organizational Units in that school year. |
| 5 | | "Net State Contribution Target" means, for a given |
| 6 | | school year, the amount of State funds that would be |
| 7 | | necessary to fully meet the Adequacy Target of an |
| 8 | | Operational Unit minus the Preliminary Resources available |
| 9 | | to each unit. |
| 10 | | "Nurse" means an individual licensed as a certified |
| 11 | | school nurse, in accordance with the rules established for |
| 12 | | nursing services by the State Board, who is an employee of |
| 13 | | and is available to provide health care-related services |
| 14 | | for students of an Organizational Unit. |
| 15 | | "Operating Tax Rate" means the rate utilized in the |
| 16 | | previous year to extend property taxes for all purposes, |
| 17 | | except Bond and Interest, Summer School, Rent, Capital |
| 18 | | Improvement, and Vocational Education Building purposes. |
| 19 | | For Hybrid Districts, the Operating Tax Rate shall be the |
| 20 | | combined elementary and high school rates utilized in the |
| 21 | | previous year to extend property taxes for all purposes, |
| 22 | | except Bond and Interest, Summer School, Rent, Capital |
| 23 | | Improvement, and Vocational Education Building purposes. |
| 24 | | "Organizational Unit" means a Laboratory School or any |
| 25 | | public school district that is recognized as such by the |
| 26 | | State Board and that contains elementary schools typically |
|
| | HB5501 | - 983 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | serving kindergarten through 5th grades, middle schools |
| 2 | | typically serving 6th through 8th grades, high schools |
| 3 | | typically serving 9th through 12th grades, a program |
| 4 | | established under Section 2-3.66 or 2-3.41, or a program |
| 5 | | operated by a regional office of education or an |
| 6 | | intermediate service center under Article 13A or 13B. The |
| 7 | | General Assembly acknowledges that the actual grade levels |
| 8 | | served by a particular Organizational Unit may vary |
| 9 | | slightly from what is typical. |
| 10 | | "Organizational Unit CWI" is determined by calculating |
| 11 | | the CWI in the region and original county in which an |
| 12 | | Organizational Unit's primary administrative office is |
| 13 | | located as set forth in this paragraph, provided that if |
| 14 | | the Organizational Unit CWI as calculated in accordance |
| 15 | | with this paragraph is less than 0.9, the Organizational |
| 16 | | Unit CWI shall be increased to 0.9. Each county's current |
| 17 | | CWI value shall be adjusted based on the CWI value of that |
| 18 | | county's neighboring Illinois counties, to create a |
| 19 | | "weighted adjusted index value". This shall be calculated |
| 20 | | by summing the CWI values of all of a county's adjacent |
| 21 | | Illinois counties and dividing by the number of adjacent |
| 22 | | Illinois counties, then taking the weighted value of the |
| 23 | | original county's CWI value and the adjacent Illinois |
| 24 | | county average. To calculate this weighted value, if the |
| 25 | | number of adjacent Illinois counties is greater than 2, |
| 26 | | the original county's CWI value will be weighted at 0.25 |
|
| | HB5501 | - 984 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and the adjacent Illinois county average will be weighted |
| 2 | | at 0.75. If the number of adjacent Illinois counties is 2, |
| 3 | | the original county's CWI value will be weighted at 0.33 |
| 4 | | and the adjacent Illinois county average will be weighted |
| 5 | | at 0.66. The greater of the county's current CWI value and |
| 6 | | its weighted adjusted index value shall be used as the |
| 7 | | Organizational Unit CWI. |
| 8 | | "Preceding Tax Year" means the property tax levy year |
| 9 | | immediately preceding the Base Tax Year. |
| 10 | | "Preceding Tax Year's Extension" means the product of |
| 11 | | the equalized assessed valuation utilized by the county |
| 12 | | clerk in the Preceding Tax Year multiplied by the |
| 13 | | Operating Tax Rate. |
| 14 | | "Preliminary Percent of Adequacy" is defined in |
| 15 | | paragraph (2) of subsection (f) of this Section. |
| 16 | | "Preliminary Resources" is defined in paragraph (2) of |
| 17 | | subsection (f) of this Section. |
| 18 | | "Principal" means a school administrator duly endorsed |
| 19 | | to be employed as a principal in this State. |
| 20 | | "Professional development" means training programs for |
| 21 | | licensed staff in schools, including, but not limited to, |
| 22 | | programs that assist in implementing new curriculum |
| 23 | | programs, provide data focused or academic assessment data |
| 24 | | training to help staff identify a student's weaknesses and |
| 25 | | strengths, target interventions, improve instruction, |
| 26 | | encompass instructional strategies for English learner, |
|
| | HB5501 | - 985 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | gifted, or at-risk students, address inclusivity, cultural |
| 2 | | sensitivity, or implicit bias, or otherwise provide |
| 3 | | professional support for licensed staff. |
| 4 | | "Prototypical" means 450 special education |
| 5 | | pre-kindergarten and kindergarten through grade 5 students |
| 6 | | for an elementary school, 450 grade 6 through 8 students |
| 7 | | for a middle school, and 600 grade 9 through 12 students |
| 8 | | for a high school. |
| 9 | | "PTELL" means the Property Tax Extension Limitation |
| 10 | | Law. |
| 11 | | "PTELL EAV" is defined in paragraph (4) of subsection |
| 12 | | (d) of this Section. |
| 13 | | "Pupil support staff" means a nurse, psychologist, |
| 14 | | social worker, family liaison personnel, or other staff |
| 15 | | member who provides support to at-risk or struggling |
| 16 | | students. |
| 17 | | "Real Receipts" is defined in paragraph (1) of |
| 18 | | subsection (d) of this Section. |
| 19 | | "Regionalization Factor" means, for a particular |
| 20 | | Organizational Unit, the figure derived by dividing the |
| 21 | | Organizational Unit CWI by the Statewide Weighted CWI. |
| 22 | | "School counselor" means a licensed school counselor |
| 23 | | who provides guidance and counseling support for students |
| 24 | | within an Organizational Unit. |
| 25 | | "School site staff" means the primary school secretary |
| 26 | | and any additional clerical personnel assigned to a |
|
| | HB5501 | - 986 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | school. |
| 2 | | "Special education" means special educational |
| 3 | | facilities and services, as defined in Section 14-1.08 of |
| 4 | | this Code. |
| 5 | | "Special Education Allocation" means the amount of an |
| 6 | | Organizational Unit's final Adequacy Target attributable |
| 7 | | to special education divided by the Organizational Unit's |
| 8 | | final Adequacy Target, the product of which shall be |
| 9 | | multiplied by the amount of new funding received pursuant |
| 10 | | to this Section. An Organizational Unit's final Adequacy |
| 11 | | Target attributable to special education shall include all |
| 12 | | special education investment adequacy elements. |
| 13 | | "Specialist teacher" means a teacher who provides |
| 14 | | instruction in subject areas not included in core |
| 15 | | subjects, including, but not limited to, art, music, |
| 16 | | physical education, health, driver education, |
| 17 | | career-technical education, and such other subject areas |
| 18 | | as may be mandated by State law or provided by an |
| 19 | | Organizational Unit. |
| 20 | | "Specially Funded Unit" means an Alternative School, |
| 21 | | safe school, Department of Juvenile Justice school, |
| 22 | | special education cooperative or entity recognized by the |
| 23 | | State Board as a special education cooperative, |
| 24 | | State-approved charter school, or alternative learning |
| 25 | | opportunities program that received direct funding from |
| 26 | | the State Board during the 2016-2017 school year through |
|
| | HB5501 | - 987 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any of the funding sources included within the calculation |
| 2 | | of the Base Funding Minimum or Glenwood Academy. |
| 3 | | "Supplemental Grant Funding" means supplemental |
| 4 | | general State aid funding received by an Organizational |
| 5 | | Unit during the 2016-2017 school year pursuant to |
| 6 | | subsection (H) of Section 18-8.05 of this Code (now |
| 7 | | repealed). |
| 8 | | "State Adequacy Level" is the sum of the Adequacy |
| 9 | | Targets of all Organizational Units. |
| 10 | | "State Board" means the State Board of Education. |
| 11 | | "State Superintendent" means the State Superintendent |
| 12 | | of Education. |
| 13 | | "Statewide Weighted CWI" means a figure determined by |
| 14 | | multiplying each Organizational Unit CWI times the ASE for |
| 15 | | that Organizational Unit creating a weighted value, |
| 16 | | summing all Organizational Units' weighted values, and |
| 17 | | dividing by the total ASE of all Organizational Units, |
| 18 | | thereby creating an average weighted index. |
| 19 | | "Student activities" means non-credit producing |
| 20 | | after-school programs, including, but not limited to, |
| 21 | | clubs, bands, sports, and other activities authorized by |
| 22 | | the school board of the Organizational Unit. |
| 23 | | "Substitute teacher" means an individual teacher or |
| 24 | | teaching assistant who is employed by an Organizational |
| 25 | | Unit and is temporarily serving the Organizational Unit on |
| 26 | | a per diem or per period-assignment basis to replace |
|
| | HB5501 | - 988 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | another staff member. |
| 2 | | "Summer school" means academic and enrichment programs |
| 3 | | provided to students during the summer months outside of |
| 4 | | the regular school year. |
| 5 | | "Supervisory aide" means a non-licensed staff member |
| 6 | | who helps in supervising students of an Organizational |
| 7 | | Unit, but does so outside of the classroom, in situations |
| 8 | | such as, but not limited to, monitoring hallways and |
| 9 | | playgrounds, supervising lunchrooms, or supervising |
| 10 | | students when being transported in buses serving the |
| 11 | | Organizational Unit. |
| 12 | | "Target Ratio" is defined in paragraph (4) of |
| 13 | | subsection (g). |
| 14 | | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined |
| 15 | | in paragraph (3) of subsection (g). |
| 16 | | "Tier 1 Aggregate Funding", "Tier 2 Aggregate |
| 17 | | Funding", "Tier 3 Aggregate Funding", and "Tier 4 |
| 18 | | Aggregate Funding" are defined in paragraph (1) of |
| 19 | | subsection (g). |
| 20 | | (b) Adequacy Target calculation. |
| 21 | | (1) Each Organizational Unit's Adequacy Target is the |
| 22 | | sum of the Organizational Unit's cost of providing |
| 23 | | Essential Elements, as calculated in accordance with this |
| 24 | | subsection (b), with the salary amounts in the Essential |
| 25 | | Elements multiplied by a Regionalization Factor calculated |
| 26 | | pursuant to paragraph (3) of this subsection (b). |
|
| | HB5501 | - 989 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) The Essential Elements are attributable on a pro |
| 2 | | rata basis related to defined subgroups of the ASE of each |
| 3 | | Organizational Unit as specified in this paragraph (2), |
| 4 | | with investments and FTE positions pro rata funded based |
| 5 | | on ASE counts in excess of or less than the thresholds set |
| 6 | | forth in this paragraph (2). The method for calculating |
| 7 | | attributable pro rata costs and the defined subgroups |
| 8 | | thereto are as follows: |
| 9 | | (A) Core class size investments. Each |
| 10 | | Organizational Unit shall receive the funding required |
| 11 | | to support that number of FTE core teacher positions |
| 12 | | as is needed to keep the respective class sizes of the |
| 13 | | Organizational Unit to the following maximum numbers: |
| 14 | | (i) For grades kindergarten through 3, the |
| 15 | | Organizational Unit shall receive funding required |
| 16 | | to support one FTE core teacher position for every |
| 17 | | 15 Low-Income Count students in those grades and |
| 18 | | one FTE core teacher position for every 20 |
| 19 | | non-Low-Income Count students in those grades. |
| 20 | | (ii) For grades 4 through 12, the |
| 21 | | Organizational Unit shall receive funding required |
| 22 | | to support one FTE core teacher position for every |
| 23 | | 20 Low-Income Count students in those grades and |
| 24 | | one FTE core teacher position for every 25 |
| 25 | | non-Low-Income Count students in those grades. |
| 26 | | The number of non-Low-Income Count students in a |
|
| | HB5501 | - 990 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | grade shall be determined by subtracting the |
| 2 | | Low-Income students in that grade from the ASE of the |
| 3 | | Organizational Unit for that grade. |
| 4 | | (B) Specialist teacher investments. Each |
| 5 | | Organizational Unit shall receive the funding needed |
| 6 | | to cover that number of FTE specialist teacher |
| 7 | | positions that correspond to the following |
| 8 | | percentages: |
| 9 | | (i) if the Organizational Unit operates an |
| 10 | | elementary or middle school, then 20.00% of the |
| 11 | | number of the Organizational Unit's core teachers, |
| 12 | | as determined under subparagraph (A) of this |
| 13 | | paragraph (2); and |
| 14 | | (ii) if such Organizational Unit operates a |
| 15 | | high school, then 33.33% of the number of the |
| 16 | | Organizational Unit's core teachers. |
| 17 | | (C) Instructional facilitator investments. Each |
| 18 | | Organizational Unit shall receive the funding needed |
| 19 | | to cover one FTE instructional facilitator position |
| 20 | | for every 200 combined ASE of pre-kindergarten |
| 21 | | children with disabilities and all kindergarten |
| 22 | | through grade 12 students of the Organizational Unit. |
| 23 | | (D) Core intervention teacher (tutor) investments. |
| 24 | | Each Organizational Unit shall receive the funding |
| 25 | | needed to cover one FTE teacher position for each |
| 26 | | prototypical elementary, middle, and high school. |
|
| | HB5501 | - 991 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (E) Substitute teacher investments. Each |
| 2 | | Organizational Unit shall receive the funding needed |
| 3 | | to cover substitute teacher costs that is equal to |
| 4 | | 5.70% of the minimum pupil attendance days required |
| 5 | | under Section 10-19 of this Code for all full-time |
| 6 | | equivalent core, specialist, and intervention |
| 7 | | teachers, school nurses, special education teachers |
| 8 | | and instructional assistants, instructional |
| 9 | | facilitators, and summer school and extended day |
| 10 | | teacher positions, as determined under this paragraph |
| 11 | | (2), at a salary rate of 33.33% of the average salary |
| 12 | | for grade K through 12 teachers and 33.33% of the |
| 13 | | average salary of each instructional assistant |
| 14 | | position. |
| 15 | | (F) Core school counselor investments. Each |
| 16 | | Organizational Unit shall receive the funding needed |
| 17 | | to cover one FTE school counselor for each 450 |
| 18 | | combined ASE of pre-kindergarten children with |
| 19 | | disabilities and all kindergarten through grade 5 |
| 20 | | students, plus one FTE school counselor for each 250 |
| 21 | | grades 6 through 8 ASE middle school students, plus |
| 22 | | one FTE school counselor for each 250 grades 9 through |
| 23 | | 12 ASE high school students. |
| 24 | | (G) Nurse investments. Each Organizational Unit |
| 25 | | shall receive the funding needed to cover one FTE |
| 26 | | nurse for each 750 combined ASE of pre-kindergarten |
|
| | HB5501 | - 992 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | children with disabilities and all kindergarten |
| 2 | | through grade 12 students across all grade levels it |
| 3 | | serves. |
| 4 | | (H) Supervisory aide investments. Each |
| 5 | | Organizational Unit shall receive the funding needed |
| 6 | | to cover one FTE for each 225 combined ASE of |
| 7 | | pre-kindergarten children with disabilities and all |
| 8 | | kindergarten through grade 5 students, plus one FTE |
| 9 | | for each 225 ASE middle school students, plus one FTE |
| 10 | | for each 200 ASE high school students. |
| 11 | | (I) Librarian investments. Each Organizational |
| 12 | | Unit shall receive the funding needed to cover one FTE |
| 13 | | librarian for each prototypical elementary school, |
| 14 | | middle school, and high school and one FTE aide or |
| 15 | | media technician for every 300 combined ASE of |
| 16 | | pre-kindergarten children with disabilities and all |
| 17 | | kindergarten through grade 12 students. |
| 18 | | (J) Principal investments. Each Organizational |
| 19 | | Unit shall receive the funding needed to cover one FTE |
| 20 | | principal position for each prototypical elementary |
| 21 | | school, plus one FTE principal position for each |
| 22 | | prototypical middle school, plus one FTE principal |
| 23 | | position for each prototypical high school. |
| 24 | | (K) Assistant principal investments. Each |
| 25 | | Organizational Unit shall receive the funding needed |
| 26 | | to cover one FTE assistant principal position for each |
|
| | HB5501 | - 994 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | students to cover instructional material costs. |
| 2 | | (P) Assessment investments. Each Organizational |
| 3 | | Unit shall receive $25 per student of the combined ASE |
| 4 | | of pre-kindergarten children with disabilities and all |
| 5 | | kindergarten through grade 12 students to cover |
| 6 | | assessment costs. |
| 7 | | (Q) Computer technology and equipment investments. |
| 8 | | Each Organizational Unit shall receive $285.50 per |
| 9 | | student of the combined ASE of pre-kindergarten |
| 10 | | children with disabilities and all kindergarten |
| 11 | | through grade 12 students to cover computer technology |
| 12 | | and equipment costs. For the 2018-2019 school year and |
| 13 | | subsequent school years, Organizational Units assigned |
| 14 | | to Tier 1 and Tier 2 in the prior school year shall |
| 15 | | receive an additional $285.50 per student of the |
| 16 | | combined ASE of pre-kindergarten children with |
| 17 | | disabilities and all kindergarten through grade 12 |
| 18 | | students to cover computer technology and equipment |
| 19 | | costs in the Organizational Unit's Adequacy Target. |
| 20 | | The State Board may establish additional requirements |
| 21 | | for Organizational Unit expenditures of funds received |
| 22 | | pursuant to this subparagraph (Q), including a |
| 23 | | requirement that funds received pursuant to this |
| 24 | | subparagraph (Q) may be used only for serving the |
| 25 | | technology needs of the district. It is the intent of |
| 26 | | Public Act 100-465 that all Tier 1 and Tier 2 districts |
|
| | HB5501 | - 995 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | receive the addition to their Adequacy Target in the |
| 2 | | following year, subject to compliance with the |
| 3 | | requirements of the State Board. |
| 4 | | (R) Student activities investments. Each |
| 5 | | Organizational Unit shall receive the following |
| 6 | | funding amounts to cover student activities: $100 per |
| 7 | | kindergarten through grade 5 ASE student in elementary |
| 8 | | school, plus $200 per ASE student in middle school, |
| 9 | | plus $675 per ASE student in high school. |
| 10 | | (S) Maintenance and operations investments. Each |
| 11 | | Organizational Unit shall receive $1,038 per student |
| 12 | | of the combined ASE of pre-kindergarten children with |
| 13 | | disabilities and all kindergarten through grade 12 |
| 14 | | students for day-to-day maintenance and operations |
| 15 | | expenditures, including salary, supplies, and |
| 16 | | materials, as well as purchased services, but |
| 17 | | excluding employee benefits. The proportion of salary |
| 18 | | for the application of a Regionalization Factor and |
| 19 | | the calculation of benefits is equal to $352.92. |
| 20 | | (T) Central office investments. Each |
| 21 | | Organizational Unit shall receive $742 per student of |
| 22 | | the combined ASE of pre-kindergarten children with |
| 23 | | disabilities and all kindergarten through grade 12 |
| 24 | | students to cover central office operations, including |
| 25 | | administrators and classified personnel charged with |
| 26 | | managing the instructional programs, business and |
|
| | HB5501 | - 996 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | operations of the school district, and security |
| 2 | | personnel. The proportion of salary for the |
| 3 | | application of a Regionalization Factor and the |
| 4 | | calculation of benefits is equal to $368.48. |
| 5 | | (U) Employee benefit investments. Each |
| 6 | | Organizational Unit shall receive 30% of the total of |
| 7 | | all salary-calculated elements of the Adequacy Target, |
| 8 | | excluding substitute teachers and student activities |
| 9 | | investments, to cover benefit costs. For central |
| 10 | | office and maintenance and operations investments, the |
| 11 | | benefit calculation shall be based upon the salary |
| 12 | | proportion of each investment. If at any time the |
| 13 | | responsibility for funding the employer normal cost of |
| 14 | | teacher pensions is assigned to school districts, then |
| 15 | | that amount certified by the Teachers' Retirement |
| 16 | | System of the State of Illinois to be paid by the |
| 17 | | Organizational Unit for the preceding school year |
| 18 | | shall be added to the benefit investment. For any |
| 19 | | fiscal year in which a school district organized under |
| 20 | | Article 34 of this Code is responsible for paying the |
| 21 | | employer normal cost of teacher pensions, then that |
| 22 | | amount of its employer normal cost plus the amount for |
| 23 | | retiree health insurance as certified by the Public |
| 24 | | School Teachers' Pension and Retirement Fund of |
| 25 | | Chicago to be paid by the school district for the |
| 26 | | preceding school year that is statutorily required to |
|
| | HB5501 | - 997 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | cover employer normal costs and the amount for retiree |
| 2 | | health insurance shall be added to the 30% specified |
| 3 | | in this subparagraph (U). The Teachers' Retirement |
| 4 | | System of the State of Illinois and the Public School |
| 5 | | Teachers' Pension and Retirement Fund of Chicago shall |
| 6 | | submit such information as the State Superintendent |
| 7 | | may require for the calculations set forth in this |
| 8 | | subparagraph (U). |
| 9 | | (V) Additional investments in low-income students. |
| 10 | | In addition to and not in lieu of all other funding |
| 11 | | under this paragraph (2), each Organizational Unit |
| 12 | | shall receive funding based on the average teacher |
| 13 | | salary for grades K through 12 to cover the costs of: |
| 14 | | (i) one FTE intervention teacher (tutor) |
| 15 | | position for every 125 Low-Income Count students; |
| 16 | | (ii) one FTE pupil support staff position for |
| 17 | | every 125 Low-Income Count students; |
| 18 | | (iii) one FTE extended day teacher position |
| 19 | | for every 120 Low-Income Count students; and |
| 20 | | (iv) one FTE summer school teacher position |
| 21 | | for every 120 Low-Income Count students. |
| 22 | | (W) Additional investments in English learner |
| 23 | | students. In addition to and not in lieu of all other |
| 24 | | funding under this paragraph (2), each Organizational |
| 25 | | Unit shall receive funding based on the average |
| 26 | | teacher salary for grades K through 12 to cover the |
|
| | HB5501 | - 999 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | grade 12 students. |
| 2 | | (3) For calculating the salaries included within the |
| 3 | | Essential Elements, the State Superintendent shall |
| 4 | | annually calculate average salaries to the nearest dollar |
| 5 | | using the employment information system data maintained by |
| 6 | | the State Board, limited to public schools only and |
| 7 | | excluding special education and vocational cooperatives, |
| 8 | | schools operated by the Department of Juvenile Justice, |
| 9 | | and charter schools, for the following positions: |
| 10 | | (A) Teacher for grades K through 8. |
| 11 | | (B) Teacher for grades 9 through 12. |
| 12 | | (C) Teacher for grades K through 12. |
| 13 | | (D) School counselor for grades K through 8. |
| 14 | | (E) School counselor for grades 9 through 12. |
| 15 | | (F) School counselor for grades K through 12. |
| 16 | | (G) Social worker. |
| 17 | | (H) Psychologist. |
| 18 | | (I) Librarian. |
| 19 | | (J) Nurse. |
| 20 | | (K) Principal. |
| 21 | | (L) Assistant principal. |
| 22 | | For the purposes of this paragraph (3), "teacher" |
| 23 | | includes core teachers, specialist and elective teachers, |
| 24 | | instructional facilitators, tutors, special education |
| 25 | | teachers, pupil support staff teachers, English learner |
| 26 | | teachers, extended day teachers, and summer school |
|
| | HB5501 | - 1000 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | teachers. Where specific grade data is not required for |
| 2 | | the Essential Elements, the average salary for |
| 3 | | corresponding positions shall apply. For substitute |
| 4 | | teachers, the average teacher salary for grades K through |
| 5 | | 12 shall apply. |
| 6 | | For calculating the salaries included within the |
| 7 | | Essential Elements for positions not included within EIS |
| 8 | | Data, the following salaries shall be used in the first |
| 9 | | year of implementation of Evidence-Based Funding: |
| 10 | | (i) school site staff, $30,000; and |
| 11 | | (ii) non-instructional assistant, instructional |
| 12 | | assistant, library aide, library media tech, or |
| 13 | | supervisory aide: $25,000. |
| 14 | | In the second and subsequent years of implementation |
| 15 | | of Evidence-Based Funding, the amounts in items (i) and |
| 16 | | (ii) of this paragraph (3) shall annually increase by the |
| 17 | | ECI. |
| 18 | | The salary amounts for the Essential Elements |
| 19 | | determined pursuant to subparagraphs (A) through (L), (S) |
| 20 | | and (T), and (V) through (X) of paragraph (2) of |
| 21 | | subsection (b) of this Section shall be multiplied by a |
| 22 | | Regionalization Factor. |
| 23 | | (c) Local Capacity calculation. |
| 24 | | (1) Each Organizational Unit's Local Capacity |
| 25 | | represents an amount of funding it is assumed to |
| 26 | | contribute toward its Adequacy Target for purposes of the |
|
| | HB5501 | - 1001 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Evidence-Based Funding formula calculation. "Local |
| 2 | | Capacity" means either (i) the Organizational Unit's Local |
| 3 | | Capacity Target as calculated in accordance with paragraph |
| 4 | | (2) of this subsection (c) if its Real Receipts are equal |
| 5 | | to or less than its Local Capacity Target or (ii) the |
| 6 | | Organizational Unit's Adjusted Local Capacity, as |
| 7 | | calculated in accordance with paragraph (3) of this |
| 8 | | subsection (c) if Real Receipts are more than its Local |
| 9 | | Capacity Target. |
| 10 | | (2) "Local Capacity Target" means, for an |
| 11 | | Organizational Unit, that dollar amount that is obtained |
| 12 | | by multiplying its Adequacy Target by its Local Capacity |
| 13 | | Ratio. |
| 14 | | (A) An Organizational Unit's Local Capacity |
| 15 | | Percentage is the conversion of the Organizational |
| 16 | | Unit's Local Capacity Ratio, as such ratio is |
| 17 | | determined in accordance with subparagraph (B) of this |
| 18 | | paragraph (2), into a cumulative distribution |
| 19 | | resulting in a percentile ranking to determine each |
| 20 | | Organizational Unit's relative position to all other |
| 21 | | Organizational Units in this State. The calculation of |
| 22 | | Local Capacity Percentage is described in subparagraph |
| 23 | | (C) of this paragraph (2). |
| 24 | | (B) An Organizational Unit's Local Capacity Ratio |
| 25 | | in a given year is the percentage obtained by dividing |
| 26 | | its Adjusted EAV or PTELL EAV, whichever is less, by |
|
| | HB5501 | - 1002 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | its Adequacy Target, with the resulting ratio further |
| 2 | | adjusted as follows: |
| 3 | | (i) for Organizational Units serving grades |
| 4 | | kindergarten through 12 and Hybrid Districts, no |
| 5 | | further adjustments shall be made; |
| 6 | | (ii) for Organizational Units serving grades |
| 7 | | kindergarten through 8, the ratio shall be |
| 8 | | multiplied by 9/13; |
| 9 | | (iii) for Organizational Units serving grades |
| 10 | | 9 through 12, the Local Capacity Ratio shall be |
| 11 | | multiplied by 4/13; and |
| 12 | | (iv) for an Organizational Unit with a |
| 13 | | different grade configuration than those specified |
| 14 | | in items (i) through (iii) of this subparagraph |
| 15 | | (B), the State Superintendent shall determine a |
| 16 | | comparable adjustment based on the grades served. |
| 17 | | (C) The Local Capacity Percentage is equal to the |
| 18 | | percentile ranking of the district. Local Capacity |
| 19 | | Percentage converts each Organizational Unit's Local |
| 20 | | Capacity Ratio to a cumulative distribution resulting |
| 21 | | in a percentile ranking to determine each |
| 22 | | Organizational Unit's relative position to all other |
| 23 | | Organizational Units in this State. The Local Capacity |
| 24 | | Percentage cumulative distribution resulting in a |
| 25 | | percentile ranking for each Organizational Unit shall |
| 26 | | be calculated using the standard normal distribution |
|
| | HB5501 | - 1003 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the score in relation to the weighted mean and |
| 2 | | weighted standard deviation and Local Capacity Ratios |
| 3 | | of all Organizational Units. If the value assigned to |
| 4 | | any Organizational Unit is in excess of 90%, the value |
| 5 | | shall be adjusted to 90%. For Laboratory Schools, the |
| 6 | | Local Capacity Percentage shall be set at 10% in
|
| 7 | | recognition of the absence of EAV and resources from |
| 8 | | the public university that are allocated to
the |
| 9 | | Laboratory School. For programs operated by a regional |
| 10 | | office of education or an intermediate service center, |
| 11 | | the Local Capacity Percentage must be set at 10% in |
| 12 | | recognition of the absence of EAV and resources from |
| 13 | | school districts that are allocated to the regional |
| 14 | | office of education or intermediate service center. |
| 15 | | The weighted mean for the Local Capacity Percentage |
| 16 | | shall be determined by multiplying each Organizational |
| 17 | | Unit's Local Capacity Ratio times the ASE for the unit |
| 18 | | creating a weighted value, summing the weighted values |
| 19 | | of all Organizational Units, and dividing by the total |
| 20 | | ASE of all Organizational Units. The weighted standard |
| 21 | | deviation shall be determined by taking the square |
| 22 | | root of the weighted variance of all Organizational |
| 23 | | Units' Local Capacity Ratio, where the variance is |
| 24 | | calculated by squaring the difference between each |
| 25 | | unit's Local Capacity Ratio and the weighted mean, |
| 26 | | then multiplying the variance for each unit times the |
|
| | HB5501 | - 1004 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ASE for the unit to create a weighted variance for each |
| 2 | | unit, then summing all units' weighted variance and |
| 3 | | dividing by the total ASE of all units. |
| 4 | | (D) For any Organizational Unit, the |
| 5 | | Organizational Unit's Adjusted Local Capacity Target |
| 6 | | shall be reduced by either (i) the school board's |
| 7 | | remaining contribution pursuant to paragraph (ii) of |
| 8 | | subsection (b-4) of Section 16-158 of the Illinois |
| 9 | | Pension Code in a given year or (ii) the board of |
| 10 | | education's remaining contribution pursuant to |
| 11 | | paragraph (iv) of subsection (b) of Section 17-129 of |
| 12 | | the Illinois Pension Code absent the employer normal |
| 13 | | cost portion of the required contribution and amount |
| 14 | | allowed pursuant to subdivision (3) of Section |
| 15 | | 17-142.1 of the Illinois Pension Code in a given year. |
| 16 | | In the preceding sentence, item (i) shall be certified |
| 17 | | to the State Board of Education by the Teachers' |
| 18 | | Retirement System of the State of Illinois and item |
| 19 | | (ii) shall be certified to the State Board of |
| 20 | | Education by the Public School Teachers' Pension and |
| 21 | | Retirement Fund of the City of Chicago. |
| 22 | | (3) If an Organizational Unit's Real Receipts are more |
| 23 | | than its Local Capacity Target, then its Local Capacity |
| 24 | | shall equal an Adjusted Local Capacity Target as |
| 25 | | calculated in accordance with this paragraph (3). The |
| 26 | | Adjusted Local Capacity Target is calculated as the sum of |
|
| | HB5501 | - 1005 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Organizational Unit's Local Capacity Target and its |
| 2 | | Real Receipts Adjustment. The Real Receipts Adjustment |
| 3 | | equals the Organizational Unit's Real Receipts less its |
| 4 | | Local Capacity Target, with the resulting figure |
| 5 | | multiplied by the Local Capacity Percentage. |
| 6 | | As used in this paragraph (3), "Real Percent of |
| 7 | | Adequacy" means the sum of an Organizational Unit's Real |
| 8 | | Receipts, CPPRT, and Base Funding Minimum, with the |
| 9 | | resulting figure divided by the Organizational Unit's |
| 10 | | Adequacy Target. |
| 11 | | (d) Calculation of Real Receipts, EAV, and Adjusted EAV |
| 12 | | for purposes of the Local Capacity calculation. |
| 13 | | (1) An Organizational Unit's Real Receipts are the |
| 14 | | product of its Applicable Tax Rate and its Adjusted EAV. |
| 15 | | An Organizational Unit's Applicable Tax Rate is its |
| 16 | | Adjusted Operating Tax Rate for property within the |
| 17 | | Organizational Unit. |
| 18 | | (2) The State Superintendent shall calculate the |
| 19 | | equalized assessed valuation, or EAV, of all taxable |
| 20 | | property of each Organizational Unit as of September 30 of |
| 21 | | the previous year in accordance with paragraph (3) of this |
| 22 | | subsection (d). The State Superintendent shall then |
| 23 | | determine the Adjusted EAV of each Organizational Unit in |
| 24 | | accordance with paragraph (4) of this subsection (d), |
| 25 | | which Adjusted EAV figure shall be used for the purposes |
| 26 | | of calculating Local Capacity. |
|
| | HB5501 | - 1006 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) To calculate Real Receipts and EAV, the Department |
| 2 | | of Revenue shall supply to the State Superintendent the |
| 3 | | value as equalized or assessed by the Department of |
| 4 | | Revenue of all taxable property of every Organizational |
| 5 | | Unit, together with (i) the applicable tax rate used in |
| 6 | | extending taxes for the funds of the Organizational Unit |
| 7 | | as of September 30 of the previous year and (ii) the |
| 8 | | limiting rate for all Organizational Units subject to |
| 9 | | property tax extension limitations as imposed under PTELL. |
| 10 | | (A) The Department of Revenue shall add to the |
| 11 | | equalized assessed value of all taxable property of |
| 12 | | each Organizational Unit situated entirely or |
| 13 | | partially within a county that is or was subject to the |
| 14 | | provisions of Section 15-176 or 15-177 of the Property |
| 15 | | Tax Code (i) an amount equal to the total amount by |
| 16 | | which the homestead exemption allowed under Section |
| 17 | | 15-176 or 15-177 of the Property Tax Code for real |
| 18 | | property situated in that Organizational Unit exceeds |
| 19 | | the total amount that would have been allowed in that |
| 20 | | Organizational Unit if the maximum reduction under |
| 21 | | Section 15-176 was (I) $4,500 in Cook County or $3,500 |
| 22 | | in all other counties in tax year 2003 or (II) $5,000 |
| 23 | | in all counties in tax year 2004 and thereafter and |
| 24 | | (ii) an amount equal to the aggregate amount for the |
| 25 | | taxable year of all additional exemptions under |
| 26 | | Section 15-175 of the Property Tax Code for owners |
|
| | HB5501 | - 1007 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with a household income of $30,000 or less. The county |
| 2 | | clerk of any county that is or was subject to the |
| 3 | | provisions of Section 15-176 or 15-177 of the Property |
| 4 | | Tax Code shall annually calculate and certify to the |
| 5 | | Department of Revenue for each Organizational Unit all |
| 6 | | homestead exemption amounts under Section 15-176 or |
| 7 | | 15-177 of the Property Tax Code and all amounts of |
| 8 | | additional exemptions under Section 15-175 of the |
| 9 | | Property Tax Code for owners with a household income |
| 10 | | of $30,000 or less. It is the intent of this |
| 11 | | subparagraph (A) that if the general homestead |
| 12 | | exemption for a parcel of property is determined under |
| 13 | | Section 15-176 or 15-177 of the Property Tax Code |
| 14 | | rather than Section 15-175, then the calculation of |
| 15 | | EAV shall not be affected by the difference, if any, |
| 16 | | between the amount of the general homestead exemption |
| 17 | | allowed for that parcel of property under Section |
| 18 | | 15-176 or 15-177 of the Property Tax Code and the |
| 19 | | amount that would have been allowed had the general |
| 20 | | homestead exemption for that parcel of property been |
| 21 | | determined under Section 15-175 of the Property Tax |
| 22 | | Code. It is further the intent of this subparagraph |
| 23 | | (A) that if additional exemptions are allowed under |
| 24 | | Section 15-175 of the Property Tax Code for owners |
| 25 | | with a household income of less than $30,000, then the |
| 26 | | calculation of EAV shall not be affected by the |
|
| | HB5501 | - 1008 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | difference, if any, because of those additional |
| 2 | | exemptions. |
| 3 | | (B) With respect to any part of an Organizational |
| 4 | | Unit within a redevelopment project area in respect to |
| 5 | | which a municipality has adopted tax increment |
| 6 | | allocation financing pursuant to the Tax Increment |
| 7 | | Allocation Redevelopment Act, Division 74.4 of Article |
| 8 | | 11 of the Illinois Municipal Code, or the Industrial |
| 9 | | Jobs Recovery Law, Division 74.6 of Article 11 of the |
| 10 | | Illinois Municipal Code, no part of the current EAV of |
| 11 | | real property located in any such project area that is |
| 12 | | attributable to an increase above the total initial |
| 13 | | EAV of such property shall be used as part of the EAV |
| 14 | | of the Organizational Unit, until such time as all |
| 15 | | redevelopment project costs have been paid, as |
| 16 | | provided in Section 11-74.4-8 of the Tax Increment |
| 17 | | Allocation Redevelopment Act or in Section 11-74.6-35 |
| 18 | | of the Industrial Jobs Recovery Law. For the purpose |
| 19 | | of the EAV of the Organizational Unit, the total |
| 20 | | initial EAV or the current EAV, whichever is lower, |
| 21 | | shall be used until such time as all redevelopment |
| 22 | | project costs have been paid. |
| 23 | | (B-5) The real property equalized assessed |
| 24 | | valuation for a school district shall be adjusted by |
| 25 | | subtracting from the real property value, as equalized |
| 26 | | or assessed by the Department of Revenue, for the |
|
| | HB5501 | - 1009 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | district an amount computed by dividing the amount of |
| 2 | | any abatement of taxes under Section 18-170 of the |
| 3 | | Property Tax Code by 3.00% for a district maintaining |
| 4 | | grades kindergarten through 12, by 2.30% for a |
| 5 | | district maintaining grades kindergarten through 8, or |
| 6 | | by 1.05% for a district maintaining grades 9 through |
| 7 | | 12 and adjusted by an amount computed by dividing the |
| 8 | | amount of any abatement of taxes under subsection (a) |
| 9 | | of Section 18-165 of the Property Tax Code by the same |
| 10 | | percentage rates for district type as specified in |
| 11 | | this subparagraph (B-5). |
| 12 | | (C) For Organizational Units that are Hybrid |
| 13 | | Districts, the State Superintendent shall use the |
| 14 | | lesser of the adjusted equalized assessed valuation |
| 15 | | for property within the partial elementary unit |
| 16 | | district for elementary purposes, as defined in |
| 17 | | Article 11E of this Code, or the adjusted equalized |
| 18 | | assessed valuation for property within the partial |
| 19 | | elementary unit district for high school purposes, as |
| 20 | | defined in Article 11E of this Code. |
| 21 | | (4) An Organizational Unit's Adjusted EAV shall be the |
| 22 | | average of its EAV over the immediately preceding 3 years |
| 23 | | or its EAV in the immediately preceding year if the EAV in |
| 24 | | the immediately preceding year has declined by 10% or more |
| 25 | | compared to the 3-year average. In the event of |
| 26 | | Organizational Unit reorganization, consolidation, or |
|
| | HB5501 | - 1010 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | annexation, the Organizational Unit's Adjusted EAV for the |
| 2 | | first 3 years after such change shall be as follows: the |
| 3 | | most current EAV shall be used in the first year, the |
| 4 | | average of a 2-year EAV or its EAV in the immediately |
| 5 | | preceding year if the EAV declines by 10% or more compared |
| 6 | | to the 2-year average for the second year, and a 3-year |
| 7 | | average EAV or its EAV in the immediately preceding year |
| 8 | | if the Adjusted EAV declines by 10% or more compared to the |
| 9 | | 3-year average for the third year. For any school district |
| 10 | | whose EAV in the immediately preceding year is used in |
| 11 | | calculations, in the following year, the Adjusted EAV |
| 12 | | shall be the average of its EAV over the immediately |
| 13 | | preceding 2 years or the immediately preceding year if |
| 14 | | that year represents a decline of 10% or more compared to |
| 15 | | the 2-year average. |
| 16 | | "PTELL EAV" means a figure calculated by the State |
| 17 | | Board for Organizational Units subject to PTELL as |
| 18 | | described in this paragraph (4) for the purposes of |
| 19 | | calculating an Organizational Unit's Local Capacity Ratio. |
| 20 | | Except as otherwise provided in this paragraph (4), the |
| 21 | | PTELL EAV of an Organizational Unit shall be equal to the |
| 22 | | product of the equalized assessed valuation last used in |
| 23 | | the calculation of general State aid under Section 18-8.05 |
| 24 | | of this Code (now repealed) or Evidence-Based Funding |
| 25 | | under this Section and the Organizational Unit's Extension |
| 26 | | Limitation Ratio. If an Organizational Unit has approved |
|
| | HB5501 | - 1011 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or does approve an increase in its limiting rate, pursuant |
| 2 | | to Section 18-190 of the Property Tax Code, affecting the |
| 3 | | Base Tax Year, the PTELL EAV shall be equal to the product |
| 4 | | of the equalized assessed valuation last used in the |
| 5 | | calculation of general State aid under Section 18-8.05 of |
| 6 | | this Code (now repealed) or Evidence-Based Funding under |
| 7 | | this Section multiplied by an amount equal to one plus the |
| 8 | | percentage increase, if any, in the Consumer Price Index |
| 9 | | for All Urban Consumers for all items published by the |
| 10 | | United States Department of Labor for the 12-month |
| 11 | | calendar year preceding the Base Tax Year, plus the |
| 12 | | equalized assessed valuation of new property, annexed |
| 13 | | property, and recovered tax increment value and minus the |
| 14 | | equalized assessed valuation of disconnected property. |
| 15 | | As used in this paragraph (4), "new property" and |
| 16 | | "recovered tax increment value" shall have the meanings |
| 17 | | set forth in the Property Tax Extension Limitation Law. |
| 18 | | (e) Base Funding Minimum calculation. |
| 19 | | (1) For the 2017-2018 school year, the Base Funding |
| 20 | | Minimum of an Organizational Unit or a Specially Funded |
| 21 | | Unit shall be the amount of State funds distributed to the |
| 22 | | Organizational Unit or Specially Funded Unit during the |
| 23 | | 2016-2017 school year prior to any adjustments and |
| 24 | | specified appropriation amounts described in this |
| 25 | | paragraph (1) from the following Sections, as calculated |
| 26 | | by the State Superintendent: Section 18-8.05 of this Code |
|
| | HB5501 | - 1012 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (now repealed); Section 5 of Article 224 of Public Act |
| 2 | | 99-524 (equity grants); Section 14-7.02b of this Code |
| 3 | | (funding for children requiring special education |
| 4 | | services); Section 14-13.01 of this Code (special |
| 5 | | education facilities and staffing), except for |
| 6 | | reimbursement of the cost of transportation pursuant to |
| 7 | | Section 14-13.01; Section 14C-12 of this Code (English |
| 8 | | learners); and Section 18-4.3 of this Code (summer |
| 9 | | school), based on an appropriation level of $13,121,600. |
| 10 | | For a school district organized under Article 34 of this |
| 11 | | Code, the Base Funding Minimum also includes (i) the funds |
| 12 | | allocated to the school district pursuant to Section 1D-1 |
| 13 | | of this Code attributable to funding programs authorized |
| 14 | | by the Sections of this Code listed in the preceding |
| 15 | | sentence and (ii) the difference between (I) the funds |
| 16 | | allocated to the school district pursuant to Section 1D-1 |
| 17 | | of this Code attributable to the funding programs |
| 18 | | authorized by Section 14-7.02 (non-public special |
| 19 | | education reimbursement), subsection (b) of Section |
| 20 | | 14-13.01 (special education transportation), Section 29-5 |
| 21 | | (transportation), Section 2-3.80 (agricultural |
| 22 | | education), Section 2-3.66 (truants' alternative |
| 23 | | education), Section 2-3.62 (educational service centers), |
| 24 | | and Section 14-7.03 (special education - orphanage) of |
| 25 | | this Code and Section 15 of the Childhood Hunger Relief |
| 26 | | Act (free breakfast program) and (II) the school |
|
| | HB5501 | - 1013 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | district's actual expenditures for its non-public special |
| 2 | | education, special education transportation, |
| 3 | | transportation programs, agricultural education, truants' |
| 4 | | alternative education, services that would otherwise be |
| 5 | | performed by a regional office of education, special |
| 6 | | education orphanage expenditures, and free breakfast, as |
| 7 | | most recently calculated and reported pursuant to |
| 8 | | subsection (f) of Section 1D-1 of this Code. The Base |
| 9 | | Funding Minimum for Glenwood Academy shall be $625,500. |
| 10 | | For programs operated by a regional office of education or |
| 11 | | an intermediate service center, the Base Funding Minimum |
| 12 | | must be the total amount of State funds allocated to those |
| 13 | | programs in the 2018-2019 school year and amounts provided |
| 14 | | pursuant to Article 34 of Public Act 100-586 and Section |
| 15 | | 3-16 of this Code. All programs established after June 5, |
| 16 | | 2019 (the effective date of Public Act 101-10) and |
| 17 | | administered by a regional office of education or an |
| 18 | | intermediate service center must have an initial Base |
| 19 | | Funding Minimum set to an amount equal to the first-year |
| 20 | | ASE multiplied by the amount of per pupil funding received |
| 21 | | in the previous school year by the lowest funded similar |
| 22 | | existing program type. If the enrollment for a program |
| 23 | | operated by a regional office of education or an |
| 24 | | intermediate service center is zero, then it may not |
| 25 | | receive Base Funding Minimum funds for that program in the |
| 26 | | next fiscal year, and those funds must be distributed to |
|
| | HB5501 | - 1014 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Organizational Units under subsection (g). |
| 2 | | (2) For the 2018-2019 and subsequent school years, the |
| 3 | | Base Funding Minimum of Organizational Units and Specially |
| 4 | | Funded Units shall be the sum of (i) the amount of |
| 5 | | Evidence-Based Funding for the prior school year, (ii) the |
| 6 | | Base Funding Minimum for the prior school year, and (iii) |
| 7 | | any amount received by a school district pursuant to |
| 8 | | Section 7 of Article 97 of Public Act 100-21. |
| 9 | | (3) Subject to approval by the General Assembly as |
| 10 | | provided in this paragraph (3), an Organizational Unit |
| 11 | | that meets all of the following criteria, as determined by |
| 12 | | the State Board, shall have District Intervention Money |
| 13 | | added to its Base Funding Minimum at the time the Base |
| 14 | | Funding Minimum is calculated by the State Board: |
| 15 | | (A) The Organizational Unit is operating under an |
| 16 | | Independent Authority under Section 2-3.25f-5 of this |
| 17 | | Code for a minimum of 4 school years or is subject to |
| 18 | | the control of the State Board pursuant to a court |
| 19 | | order for a minimum of 4 school years. |
| 20 | | (B) The Organizational Unit was designated as a |
| 21 | | Tier 1 or Tier 2 Organizational Unit in the previous |
| 22 | | school year under paragraph (3) of subsection (g) of |
| 23 | | this Section. |
| 24 | | (C) The Organizational Unit demonstrates |
| 25 | | sustainability through a 5-year financial and |
| 26 | | strategic plan. |
|
| | HB5501 | - 1015 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (D) The Organizational Unit has made sufficient |
| 2 | | progress and achieved sufficient stability in the |
| 3 | | areas of governance, academic growth, and finances. |
| 4 | | As part of its determination under this paragraph (3), |
| 5 | | the State Board may consider the Organizational Unit's |
| 6 | | summative designation, any accreditations of the |
| 7 | | Organizational Unit, or the Organizational Unit's |
| 8 | | financial profile, as calculated by the State Board. |
| 9 | | If the State Board determines that an Organizational |
| 10 | | Unit has met the criteria set forth in this paragraph (3), |
| 11 | | it must submit a report to the General Assembly, no later |
| 12 | | than January 2 of the fiscal year in which the State Board |
| 13 | | makes it determination, on the amount of District |
| 14 | | Intervention Money to add to the Organizational Unit's |
| 15 | | Base Funding Minimum. The General Assembly must review the |
| 16 | | State Board's report and may approve or disapprove, by |
| 17 | | joint resolution, the addition of District Intervention |
| 18 | | Money. If the General Assembly fails to act on the report |
| 19 | | within 40 calendar days from the receipt of the report, |
| 20 | | the addition of District Intervention Money is deemed |
| 21 | | approved. If the General Assembly approves the amount of |
| 22 | | District Intervention Money to be added to the |
| 23 | | Organizational Unit's Base Funding Minimum, the District |
| 24 | | Intervention Money must be added to the Base Funding |
| 25 | | Minimum annually thereafter. |
| 26 | | For the first 4 years following the initial year that |
|
| | HB5501 | - 1016 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the State Board determines that an Organizational Unit has |
| 2 | | met the criteria set forth in this paragraph (3) and has |
| 3 | | received funding under this Section, the Organizational |
| 4 | | Unit must annually submit to the State Board, on or before |
| 5 | | November 30, a progress report regarding its financial and |
| 6 | | strategic plan under subparagraph (C) of this paragraph |
| 7 | | (3). The plan shall include the financial data from the |
| 8 | | past 4 annual financial reports or financial audits that |
| 9 | | must be presented to the State Board by November 15 of each |
| 10 | | year and the approved budget financial data for the |
| 11 | | current year. The plan shall be developed according to the |
| 12 | | guidelines presented to the Organizational Unit by the |
| 13 | | State Board. The plan shall further include financial |
| 14 | | projections for the next 3 fiscal years and include a |
| 15 | | discussion and financial summary of the Organizational |
| 16 | | Unit's facility needs. If the Organizational Unit does not |
| 17 | | demonstrate sufficient progress toward its 5-year plan or |
| 18 | | if it has failed to file an annual financial report, an |
| 19 | | annual budget, a financial plan, a deficit reduction plan, |
| 20 | | or other financial information as required by law, the |
| 21 | | State Board may establish a Financial Oversight Panel |
| 22 | | under Article 1H of this Code. However, if the |
| 23 | | Organizational Unit already has a Financial Oversight |
| 24 | | Panel, the State Board may extend the duration of the |
| 25 | | Panel. |
| 26 | | (f) Percent of Adequacy and Final Resources calculation. |
|
| | HB5501 | - 1017 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) The Evidence-Based Funding formula establishes a |
| 2 | | Percent of Adequacy for each Organizational Unit in order |
| 3 | | to place such units into tiers for the purposes of the |
| 4 | | funding distribution system described in subsection (g) of |
| 5 | | this Section. Initially, an Organizational Unit's |
| 6 | | Preliminary Resources and Preliminary Percent of Adequacy |
| 7 | | are calculated pursuant to paragraph (2) of this |
| 8 | | subsection (f). Then, an Organizational Unit's Final |
| 9 | | Resources and Final Percent of Adequacy are calculated to |
| 10 | | account for the Organizational Unit's poverty |
| 11 | | concentration levels pursuant to paragraphs (3) and (4) of |
| 12 | | this subsection (f). |
| 13 | | (2) An Organizational Unit's Preliminary Resources are |
| 14 | | equal to the sum of its Local Capacity Target, CPPRT, and |
| 15 | | Base Funding Minimum. An Organizational Unit's Preliminary |
| 16 | | Percent of Adequacy is the lesser of (i) its Preliminary |
| 17 | | Resources divided by its Adequacy Target or (ii) 100%. |
| 18 | | (3) Except for Specially Funded Units, an |
| 19 | | Organizational Unit's Final Resources are equal to the sum |
| 20 | | of its Local Capacity, CPPRT, and Adjusted Base Funding |
| 21 | | Minimum. The Base Funding Minimum of each Specially Funded |
| 22 | | Unit shall serve as its Final Resources, except that the |
| 23 | | Base Funding Minimum for State-approved charter schools |
| 24 | | shall not include any portion of general State aid |
| 25 | | allocated in the prior year based on the per capita |
| 26 | | tuition charge times the charter school enrollment. |
|
| | HB5501 | - 1018 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (4) An Organizational Unit's Final Percent of Adequacy |
| 2 | | is its Final Resources divided by its Adequacy Target. An |
| 3 | | Organizational Unit's Adjusted Base Funding Minimum is |
| 4 | | equal to its Base Funding Minimum less its Supplemental |
| 5 | | Grant Funding, with the resulting figure added to the |
| 6 | | product of its Supplemental Grant Funding and Preliminary |
| 7 | | Percent of Adequacy. |
| 8 | | (g) Evidence-Based Funding formula distribution system. |
| 9 | | (1) In each school year under the Evidence-Based |
| 10 | | Funding formula, each Organizational Unit receives funding |
| 11 | | equal to the sum of its Base Funding Minimum and the unit's |
| 12 | | allocation of New State Funds determined pursuant to this |
| 13 | | subsection (g). To allocate New State Funds, the |
| 14 | | Evidence-Based Funding formula distribution system first |
| 15 | | places all Organizational Units into one of 4 tiers in |
| 16 | | accordance with paragraph (3) of this subsection (g), |
| 17 | | based on the Organizational Unit's Final Percent of |
| 18 | | Adequacy. New State Funds are allocated to each of the 4 |
| 19 | | tiers as follows: Tier 1 Aggregate Funding equals 50% of |
| 20 | | all New State Funds, Tier 2 Aggregate Funding equals 49% |
| 21 | | of all New State Funds, Tier 3 Aggregate Funding equals |
| 22 | | 0.9% of all New State Funds, and Tier 4 Aggregate Funding |
| 23 | | equals 0.1% of all New State Funds. Each Organizational |
| 24 | | Unit within Tier 1 or Tier 2 receives an allocation of New |
| 25 | | State Funds equal to its tier Funding Gap, as defined in |
| 26 | | the following sentence, multiplied by the tier's |
|
| | HB5501 | - 1019 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Allocation Rate determined pursuant to paragraph (4) of |
| 2 | | this subsection (g). For Tier 1, an Organizational Unit's |
| 3 | | Funding Gap equals the tier's Target Ratio, as specified |
| 4 | | in paragraph (5) of this subsection (g), multiplied by the |
| 5 | | Organizational Unit's Adequacy Target, with the resulting |
| 6 | | amount reduced by the Organizational Unit's Final |
| 7 | | Resources. For Tier 2, an Organizational Unit's Funding |
| 8 | | Gap equals the tier's Target Ratio, as described in |
| 9 | | paragraph (5) of this subsection (g), multiplied by the |
| 10 | | Organizational Unit's Adequacy Target, with the resulting |
| 11 | | amount reduced by the Organizational Unit's Final |
| 12 | | Resources and its Tier 1 funding allocation. To determine |
| 13 | | the Organizational Unit's Funding Gap, the resulting |
| 14 | | amount is then multiplied by a factor equal to one minus |
| 15 | | the Organizational Unit's Local Capacity Target |
| 16 | | percentage. Each Organizational Unit within Tier 3 or Tier |
| 17 | | 4 receives an allocation of New State Funds equal to the |
| 18 | | product of its Adequacy Target and the tier's Allocation |
| 19 | | Rate, as specified in paragraph (4) of this subsection |
| 20 | | (g). |
| 21 | | (2) To ensure equitable distribution of dollars for |
| 22 | | all Tier 2 Organizational Units, no Tier 2 Organizational |
| 23 | | Unit shall receive fewer dollars per ASE than any Tier 3 |
| 24 | | Organizational Unit. Each Tier 2 and Tier 3 Organizational |
| 25 | | Unit shall have its funding allocation divided by its ASE. |
| 26 | | Any Tier 2 Organizational Unit with a funding allocation |
|
| | HB5501 | - 1020 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | per ASE below the greatest Tier 3 allocation per ASE shall |
| 2 | | get a funding allocation equal to the greatest Tier 3 |
| 3 | | funding allocation per ASE multiplied by the |
| 4 | | Organizational Unit's ASE. Each Tier 2 Organizational |
| 5 | | Unit's Tier 2 funding allocation shall be multiplied by |
| 6 | | the percentage calculated by dividing the original Tier 2 |
| 7 | | Aggregate Funding by the sum of all Tier 2 Organizational |
| 8 | | Units' Tier 2 funding allocation after adjusting |
| 9 | | districts' funding below Tier 3 levels. |
| 10 | | (3) Organizational Units are placed into one of 4 |
| 11 | | tiers as follows: |
| 12 | | (A) Tier 1 consists of all Organizational Units, |
| 13 | | except for Specially Funded Units, with a Percent of |
| 14 | | Adequacy less than the Tier 1 Target Ratio. The Tier 1 |
| 15 | | Target Ratio is the ratio level that allows for Tier 1 |
| 16 | | Aggregate Funding to be distributed, with the Tier 1 |
| 17 | | Allocation Rate determined pursuant to paragraph (4) |
| 18 | | of this subsection (g). |
| 19 | | (B) Tier 2 consists of all Tier 1 Units and all |
| 20 | | other Organizational Units, except for Specially |
| 21 | | Funded Units, with a Percent of Adequacy of less than |
| 22 | | 0.90. |
| 23 | | (C) Tier 3 consists of all Organizational Units, |
| 24 | | except for Specially Funded Units, with a Percent of |
| 25 | | Adequacy of at least 0.90 and less than 1.0. |
| 26 | | (D) Tier 4 consists of all Organizational Units |
|
| | HB5501 | - 1021 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with a Percent of Adequacy of at least 1.0. |
| 2 | | (4) The Allocation Rates for Tiers 1 through 4 are |
| 3 | | determined as follows: |
| 4 | | (A) The Tier 1 Allocation Rate is 30%. |
| 5 | | (B) The Tier 2 Allocation Rate is the result of the |
| 6 | | following equation: Tier 2 Aggregate Funding, divided |
| 7 | | by the sum of the Funding Gaps for all Tier 2 |
| 8 | | Organizational Units, unless the result of such |
| 9 | | equation is higher than 1.0. If the result of such |
| 10 | | equation is higher than 1.0, then the Tier 2 |
| 11 | | Allocation Rate is 1.0. |
| 12 | | (C) The Tier 3 Allocation Rate is the result of the |
| 13 | | following equation: Tier 3
Aggregate Funding, divided |
| 14 | | by the sum of the Adequacy Targets of all Tier 3 |
| 15 | | Organizational
Units. |
| 16 | | (D) The Tier 4 Allocation Rate is the result of the |
| 17 | | following equation: Tier 4
Aggregate Funding, divided |
| 18 | | by the sum of the Adequacy Targets of all Tier 4 |
| 19 | | Organizational
Units. |
| 20 | | (5) A tier's Target Ratio is determined as follows: |
| 21 | | (A) The Tier 1 Target Ratio is the ratio level that |
| 22 | | allows for Tier 1 Aggregate Funding to be distributed |
| 23 | | with the Tier 1 Allocation Rate. |
| 24 | | (B) The Tier 2 Target Ratio is 0.90. |
| 25 | | (C) The Tier 3 Target Ratio is 1.0. |
| 26 | | (6) If, at any point, the Tier 1 Target Ratio is |
|
| | HB5501 | - 1022 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | greater than 90%, then all Tier 1 funding shall be |
| 2 | | allocated to Tier 2 and no Tier 1 Organizational Unit's |
| 3 | | funding may be identified. |
| 4 | | (7) In the event that all Tier 2 Organizational Units |
| 5 | | receive funding at the Tier 2 Target Ratio level, any |
| 6 | | remaining New State Funds shall be allocated to Tier 3 and |
| 7 | | Tier 4 Organizational Units. |
| 8 | | (8) If any Specially Funded Units, excluding Glenwood |
| 9 | | Academy, recognized by the State Board do not qualify for |
| 10 | | direct funding following the implementation of Public Act |
| 11 | | 100-465 from any of the funding sources included within |
| 12 | | the definition of Base Funding Minimum, the unqualified |
| 13 | | portion of the Base Funding Minimum shall be transferred |
| 14 | | to one or more appropriate Organizational Units as |
| 15 | | determined by the State Superintendent based on the prior |
| 16 | | year ASE of the Organizational Units. |
| 17 | | (8.5) If a school district withdraws from a special |
| 18 | | education cooperative, the portion of the Base Funding |
| 19 | | Minimum that is attributable to the school district may be |
| 20 | | redistributed to the school district upon withdrawal. The |
| 21 | | school district and the cooperative must include the |
| 22 | | amount of the Base Funding Minimum that is to be |
| 23 | | reapportioned in their withdrawal agreement and notify the |
| 24 | | State Board of the change with a copy of the agreement upon |
| 25 | | withdrawal. |
| 26 | | (9) The Minimum Funding Level is intended to establish |
|
| | HB5501 | - 1023 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a target for State funding that will keep pace with |
| 2 | | inflation and continue to advance equity through the |
| 3 | | Evidence-Based Funding formula. The target for State |
| 4 | | funding of New Property Tax Relief Pool Funds is |
| 5 | | $50,000,000 for State fiscal year 2019 and subsequent |
| 6 | | State fiscal years. The Minimum Funding Level is equal to |
| 7 | | $350,000,000. In addition to any New State Funds, no more |
| 8 | | than $50,000,000 New Property Tax Relief Pool Funds may be |
| 9 | | counted toward the Minimum Funding Level. If the sum of |
| 10 | | New State Funds and applicable New Property Tax Relief |
| 11 | | Pool Funds are less than the Minimum Funding Level, than |
| 12 | | funding for tiers shall be reduced in the following |
| 13 | | manner: |
| 14 | | (A) First, Tier 4 funding shall be reduced by an |
| 15 | | amount equal to the difference between the Minimum |
| 16 | | Funding Level and New State Funds until such time as |
| 17 | | Tier 4 funding is exhausted. |
| 18 | | (B) Next, Tier 3 funding shall be reduced by an |
| 19 | | amount equal to the difference between the Minimum |
| 20 | | Funding Level and New State Funds and the reduction in |
| 21 | | Tier 4 funding until such time as Tier 3 funding is |
| 22 | | exhausted. |
| 23 | | (C) Next, Tier 2 funding shall be reduced by an |
| 24 | | amount equal to the difference between the Minimum |
| 25 | | Funding Level and New State Funds and the reduction in |
| 26 | | Tier 4 and Tier 3. |
|
| | HB5501 | - 1024 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (D) Finally, Tier 1 funding shall be reduced by an |
| 2 | | amount equal to the difference between the Minimum |
| 3 | | Funding level and New State Funds and the reduction in |
| 4 | | Tier 2, 3, and 4 funding. In addition, the Allocation |
| 5 | | Rate for Tier 1 shall be reduced to a percentage equal |
| 6 | | to the Tier 1 Allocation Rate set by paragraph (4) of |
| 7 | | this subsection (g), multiplied by the result of New |
| 8 | | State Funds divided by the Minimum Funding Level. |
| 9 | | (9.5) For State fiscal year 2019 and subsequent State |
| 10 | | fiscal years, if New State Funds exceed $300,000,000, then |
| 11 | | any amount in excess of $300,000,000 shall be dedicated |
| 12 | | for purposes of Section 2-3.170 of this Code up to a |
| 13 | | maximum of $50,000,000. |
| 14 | | (10) In the event of a decrease in the amount of the |
| 15 | | appropriation for this Section in any fiscal year after |
| 16 | | implementation of this Section, the Organizational Units |
| 17 | | receiving Tier 1 and Tier 2 funding, as determined under |
| 18 | | paragraph (3) of this subsection (g), shall be held |
| 19 | | harmless by establishing a Base Funding Guarantee equal to |
| 20 | | the per pupil kindergarten through grade 12 funding |
| 21 | | received in accordance with this Section in the prior |
| 22 | | fiscal year. Reductions shall be
made to the Base Funding |
| 23 | | Minimum of Organizational Units in Tier 3 and Tier 4 on a
|
| 24 | | per pupil basis equivalent to the total number of the ASE |
| 25 | | in Tier 3-funded and Tier 4-funded Organizational Units |
| 26 | | divided by the total reduction in State funding. The Base
|
|
| | HB5501 | - 1025 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Funding Minimum as reduced shall continue to be applied to |
| 2 | | Tier 3 and Tier 4
Organizational Units and adjusted by the |
| 3 | | relative formula when increases in
appropriations for this |
| 4 | | Section resume. In no event may State funding reductions |
| 5 | | to
Organizational Units in Tier 3 or Tier 4 exceed an |
| 6 | | amount that would be less than the
Base Funding Minimum |
| 7 | | established in the first year of implementation of this
|
| 8 | | Section. If additional reductions are required, all school |
| 9 | | districts shall receive a
reduction by a per pupil amount |
| 10 | | equal to the aggregate additional appropriation
reduction |
| 11 | | divided by the total ASE of all Organizational Units. |
| 12 | | (11) The State Superintendent shall make minor |
| 13 | | adjustments to the distribution formula set forth in this |
| 14 | | subsection (g) to account for the rounding of percentages |
| 15 | | to the nearest tenth of a percentage and dollar amounts to |
| 16 | | the nearest whole dollar. |
| 17 | | (h) State Superintendent administration of funding and |
| 18 | | district submission requirements. |
| 19 | | (1) The State Superintendent shall, in accordance with |
| 20 | | appropriations made by the General Assembly, meet the |
| 21 | | funding obligations created under this Section. |
| 22 | | (2) The State Superintendent shall calculate the |
| 23 | | Adequacy Target for each Organizational Unit and Net State |
| 24 | | Contribution Target for each Organizational Unit under |
| 25 | | this Section. No Evidence-Based Funding shall be |
| 26 | | distributed within an Organizational Unit without the |
|
| | HB5501 | - 1026 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | approval of the unit's school board. |
| 2 | | (3) Annually, the State Superintendent shall calculate |
| 3 | | and report to each Organizational Unit the unit's |
| 4 | | aggregate financial adequacy amount, which shall be the |
| 5 | | sum of the Adequacy Target for each Organizational Unit. |
| 6 | | The State Superintendent shall calculate and report |
| 7 | | separately for each Organizational Unit the unit's total |
| 8 | | State funds allocated for its students with disabilities. |
| 9 | | The State Superintendent shall calculate and report |
| 10 | | separately for each Organizational Unit the amount of |
| 11 | | funding and applicable FTE calculated for each Essential |
| 12 | | Element of the unit's Adequacy Target. |
| 13 | | (4) Annually, the State Superintendent shall calculate |
| 14 | | and report to each Organizational Unit the amount the unit |
| 15 | | must expend on special education and bilingual education |
| 16 | | and computer technology and equipment for Organizational |
| 17 | | Units assigned to Tier 1 or Tier 2 that received an |
| 18 | | additional $285.50 per student computer technology and |
| 19 | | equipment investment grant to their Adequacy Target |
| 20 | | pursuant to the unit's Base Funding Minimum, Special |
| 21 | | Education Allocation, Bilingual Education Allocation, and |
| 22 | | computer technology and equipment investment allocation. |
| 23 | | (5) Moneys distributed under this Section shall be |
| 24 | | calculated on a school year basis, but paid on a fiscal |
| 25 | | year basis, with payments beginning in August and |
| 26 | | extending through June. Unless otherwise provided, the |
|
| | HB5501 | - 1027 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | moneys appropriated for each fiscal year shall be |
| 2 | | distributed in 22 equal payments at least 2 times monthly |
| 3 | | to each Organizational Unit. If moneys appropriated for |
| 4 | | any fiscal year are distributed other than monthly, the |
| 5 | | distribution shall be on the same basis for each |
| 6 | | Organizational Unit. |
| 7 | | (6) Any school district that fails, for any given |
| 8 | | school year, to maintain school as required by law or to |
| 9 | | maintain a recognized school is not eligible to receive |
| 10 | | Evidence-Based Funding. In case of non-recognition of one |
| 11 | | or more attendance centers in a school district otherwise |
| 12 | | operating recognized schools, the claim of the district |
| 13 | | shall be reduced in the proportion that the enrollment in |
| 14 | | the attendance center or centers bears to the enrollment |
| 15 | | of the school district. "Recognized school" means any |
| 16 | | public school that meets the standards for recognition by |
| 17 | | the State Board. A school district or attendance center |
| 18 | | not having recognition status at the end of a school term |
| 19 | | is entitled to receive State aid payments due upon a legal |
| 20 | | claim that was filed while it was recognized. |
| 21 | | (7) School district claims filed under this Section |
| 22 | | are subject to Sections 18-9 and 18-12 of this Code, |
| 23 | | except as otherwise provided in this Section. |
| 24 | | (8) Each fiscal year, the State Superintendent shall |
| 25 | | calculate for each Organizational Unit an amount of its |
| 26 | | Base Funding Minimum and Evidence-Based Funding that shall |
|
| | HB5501 | - 1028 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be deemed attributable to the provision of special |
| 2 | | educational facilities and services, as defined in Section |
| 3 | | 14-1.08 of this Code, in a manner that ensures compliance |
| 4 | | with maintenance of State financial support requirements |
| 5 | | under the federal Individuals with Disabilities Education |
| 6 | | Act. An Organizational Unit must use such funds only for |
| 7 | | the provision of special educational facilities and |
| 8 | | services, as defined in Section 14-1.08 of this Code, and |
| 9 | | must comply with any expenditure verification procedures |
| 10 | | adopted by the State Board. |
| 11 | | (9) All Organizational Units in this State must submit |
| 12 | | annual spending plans by the end of September of each year |
| 13 | | to the State Board as part of the annual budget process, |
| 14 | | which shall describe how each Organizational Unit will |
| 15 | | utilize the Base Funding Minimum and Evidence-Based |
| 16 | | Funding it receives from this State under this Section |
| 17 | | with specific identification of the intended utilization |
| 18 | | of Low-Income, English learner, and special education |
| 19 | | resources. Additionally, the annual spending plans of each |
| 20 | | Organizational Unit shall describe how the Organizational |
| 21 | | Unit expects to achieve student growth and how the |
| 22 | | Organizational Unit will achieve State education goals, as |
| 23 | | defined by the State Board. The State Superintendent may, |
| 24 | | from time to time, identify additional requisites for |
| 25 | | Organizational Units to satisfy when compiling the annual |
| 26 | | spending plans required under this subsection (h). The |
|
| | HB5501 | - 1029 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | format and scope of annual spending plans shall be |
| 2 | | developed by the State Superintendent and the State Board |
| 3 | | of Education. School districts that serve students under |
| 4 | | Article 14C of this Code shall continue to submit |
| 5 | | information as required under Section 14C-12 of this Code. |
| 6 | | (10) No later than January 1, 2018, the State |
| 7 | | Superintendent shall develop a 5-year strategic plan for |
| 8 | | all Organizational Units to help in planning for adequacy |
| 9 | | funding under this Section. The State Superintendent shall |
| 10 | | submit the plan to the Governor and the General Assembly, |
| 11 | | as provided in Section 3.1 of the General Assembly |
| 12 | | Organization Act. The plan shall include recommendations |
| 13 | | for: |
| 14 | | (A) a framework for collaborative, professional, |
| 15 | | innovative, and 21st century learning environments |
| 16 | | using the Evidence-Based Funding model; |
| 17 | | (B) ways to prepare and support this State's |
| 18 | | educators for successful instructional careers; |
| 19 | | (C) application and enhancement of the current |
| 20 | | financial accountability measures, the approved State |
| 21 | | plan to comply with the federal Every Student Succeeds |
| 22 | | Act, and the Illinois Balanced Accountability Measures |
| 23 | | in relation to student growth and elements of the |
| 24 | | Evidence-Based Funding model; and |
| 25 | | (D) implementation of an effective school adequacy |
| 26 | | funding system based on projected and recommended |
|
| | HB5501 | - 1030 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | funding levels from the General Assembly. |
| 2 | | (11) On an annual basis, the State Superintendent
must |
| 3 | | recalibrate all of the following per pupil elements of the |
| 4 | | Adequacy Target and applied to the formulas, based on the |
| 5 | | study of average expenses and as reported in the most |
| 6 | | recent annual financial report: |
| 7 | | (A) Gifted under subparagraph (M) of paragraph
(2) |
| 8 | | of subsection (b). |
| 9 | | (B) Instructional materials under subparagraph
(O) |
| 10 | | of paragraph (2) of subsection (b). |
| 11 | | (C) Assessment under subparagraph (P) of
paragraph |
| 12 | | (2) of subsection (b). |
| 13 | | (D) Student activities under subparagraph (R) of
|
| 14 | | paragraph (2) of subsection (b). |
| 15 | | (E) Maintenance and operations under subparagraph
|
| 16 | | (S) of paragraph (2) of subsection (b). |
| 17 | | (F) Central office under subparagraph (T) of
|
| 18 | | paragraph (2) of subsection (b). |
| 19 | | (i) Professional Review Panel. |
| 20 | | (1) A Professional Review Panel is created to study |
| 21 | | and review topics related to the implementation and effect |
| 22 | | of Evidence-Based Funding, as assigned by a joint |
| 23 | | resolution or Public Act of the General Assembly or a |
| 24 | | motion passed by the State Board of Education. The Panel |
| 25 | | must provide recommendations to and serve the Governor, |
| 26 | | the General Assembly, and the State Board. The State |
|
| | HB5501 | - 1031 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Superintendent or his or her designee must serve as a |
| 2 | | voting member and chairperson of the Panel. The State |
| 3 | | Superintendent must appoint a vice chairperson from the |
| 4 | | membership of the Panel. The Panel must advance |
| 5 | | recommendations based on a three-fifths majority vote of |
| 6 | | Panel members present and voting. A minority opinion may |
| 7 | | also accompany any recommendation of the Panel. The Panel |
| 8 | | shall be appointed by the State Superintendent, except as |
| 9 | | otherwise provided in paragraph (2) of this subsection (i) |
| 10 | | and include the following members: |
| 11 | | (A) Two appointees that represent district |
| 12 | | superintendents, recommended by a statewide |
| 13 | | organization that represents district superintendents. |
| 14 | | (B) Two appointees that represent school boards, |
| 15 | | recommended by a statewide organization that |
| 16 | | represents school boards. |
| 17 | | (C) Two appointees from districts that represent |
| 18 | | school business officials, recommended by a statewide |
| 19 | | organization that represents school business |
| 20 | | officials. |
| 21 | | (D) Two appointees that represent school |
| 22 | | principals, recommended by a statewide organization |
| 23 | | that represents school principals. |
| 24 | | (E) Two appointees that represent teachers, |
| 25 | | recommended by a statewide organization that |
| 26 | | represents teachers. |
|
| | HB5501 | - 1032 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (F) Two appointees that represent teachers, |
| 2 | | recommended by another statewide organization that |
| 3 | | represents teachers. |
| 4 | | (G) Two appointees that represent regional |
| 5 | | superintendents of schools, recommended by |
| 6 | | organizations that represent regional superintendents. |
| 7 | | (H) Two independent experts selected solely by the |
| 8 | | State Superintendent. |
| 9 | | (I) Two independent experts recommended by public |
| 10 | | universities in this State. |
| 11 | | (J) One member recommended by a statewide |
| 12 | | organization that represents parents. |
| 13 | | (K) Two representatives recommended by collective |
| 14 | | impact organizations that represent major metropolitan |
| 15 | | areas or geographic areas in Illinois. |
| 16 | | (L) One member from a statewide organization |
| 17 | | focused on research-based education policy to support |
| 18 | | a school system that prepares all students for |
| 19 | | college, a career, and democratic citizenship. |
| 20 | | (M) One representative from a school district |
| 21 | | organized under Article 34 of this Code. |
| 22 | | The State Superintendent shall ensure that the |
| 23 | | membership of the Panel includes representatives from |
| 24 | | school districts and communities reflecting the |
| 25 | | geographic, socio-economic, racial, and ethnic diversity |
| 26 | | of this State. The State Superintendent shall additionally |
|
| | HB5501 | - 1033 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ensure that the membership of the Panel includes |
| 2 | | representatives with expertise in bilingual education and |
| 3 | | special education. Staff from the State Board shall staff |
| 4 | | the Panel. |
| 5 | | (2) In addition to those Panel members appointed by |
| 6 | | the State Superintendent, 4 members of the General |
| 7 | | Assembly shall be appointed as follows: one member of the |
| 8 | | House of Representatives appointed by the Speaker of the |
| 9 | | House of Representatives, one member of the Senate |
| 10 | | appointed by the President of the Senate, one member of |
| 11 | | the House of Representatives appointed by the Minority |
| 12 | | Leader of the House of Representatives, and one member of |
| 13 | | the Senate appointed by the Minority Leader of the Senate. |
| 14 | | There shall be one additional member appointed by the |
| 15 | | Governor. All members appointed by legislative leaders or |
| 16 | | the Governor shall be non-voting, ex officio members. |
| 17 | | (3) The Panel must study topics at the direction of |
| 18 | | the General Assembly or State Board of Education, as |
| 19 | | provided under paragraph (1). The Panel may also study the |
| 20 | | following topics at the direction of the chairperson: |
| 21 | | (A) The format and scope of annual spending plans |
| 22 | | referenced in paragraph (9) of subsection (h) of this |
| 23 | | Section. |
| 24 | | (B) The Comparable Wage Index under this Section. |
| 25 | | (C) Maintenance and operations, including capital |
| 26 | | maintenance and construction costs. |
|
| | HB5501 | - 1035 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | advanced, and (iii) the funding goals of the formula |
| 2 | | distribution system established under this Section are |
| 3 | | sufficient to provide adequate funding for every student |
| 4 | | and to fully fund every school in this State, the Panel |
| 5 | | shall review the Essential Elements under paragraph (2) of |
| 6 | | subsection (b). The Panel shall consider all of the |
| 7 | | following in its review: |
| 8 | | (A) The financial ability of school districts to |
| 9 | | provide instruction in a foreign language to every |
| 10 | | student and whether an additional Essential Element |
| 11 | | should be added to the formula to ensure that every |
| 12 | | student has access to instruction in a foreign |
| 13 | | language. |
| 14 | | (B) The adult-to-student ratio for each Essential |
| 15 | | Element in which a ratio is identified. The Panel |
| 16 | | shall consider whether the ratio accurately reflects |
| 17 | | the staffing needed to support students living in |
| 18 | | poverty or who have traumatic backgrounds. |
| 19 | | (C) Changes to the Essential Elements that may be |
| 20 | | required to better promote racial equity and eliminate |
| 21 | | structural racism within schools. |
| 22 | | (D) The impact of investing $350,000,000 in |
| 23 | | additional funds each year under this Section and an |
| 24 | | estimate of when the school system will become fully |
| 25 | | funded under this level of appropriation. |
| 26 | | (E) Provide an overview of alternative funding |
|
| | HB5501 | - 1036 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | structures that would enable the State to become fully |
| 2 | | funded at an earlier date. |
| 3 | | (F) The potential to increase efficiency and to |
| 4 | | find cost savings within the school system to expedite |
| 5 | | the journey to a fully funded system. |
| 6 | | (G) The appropriate levels for reenrolling and |
| 7 | | graduating high-risk high school students who have |
| 8 | | been previously out of school. These outcomes shall |
| 9 | | include enrollment, attendance, skill gains, credit |
| 10 | | gains, graduation or promotion to the next grade |
| 11 | | level, and the transition to college, training, or |
| 12 | | employment, with an emphasis on progressively |
| 13 | | increasing the overall attendance. |
| 14 | | (H) The evidence-based or research-based practices |
| 15 | | that are shown to reduce the gaps and disparities |
| 16 | | experienced by African American students in academic |
| 17 | | achievement and educational performance, including |
| 18 | | practices that have been shown to reduce disparities |
| 19 | | parities in disciplinary rates, drop-out rates, |
| 20 | | graduation rates, college matriculation rates, and |
| 21 | | college completion rates. |
| 22 | | On or before December 31, 2021, the Panel shall report |
| 23 | | to the State Board, the General Assembly, and the Governor |
| 24 | | on the findings of its review. This paragraph (7) is |
| 25 | | inoperative on and after July 1, 2022. |
| 26 | | (j) References. Beginning July 1, 2017, references in |
|
| | HB5501 | - 1037 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | other laws to general State aid funds or calculations under |
| 2 | | Section 18-8.05 of this Code (now repealed) shall be deemed to |
| 3 | | be references to evidence-based model formula funds or |
| 4 | | calculations under this Section.
|
| 5 | | (Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19; |
| 6 | | 101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff. |
| 7 | | 6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; revised |
| 8 | | 10-12-21.)
|
| 9 | | (105 ILCS 5/21A-25.5) |
| 10 | | Sec. 21A-25.5. Teaching Induction and Mentoring Advisory |
| 11 | | Group. |
| 12 | | (a) The State Board of Education shall create a Teaching |
| 13 | | Induction and Mentoring Advisory Group. Members of the |
| 14 | | Advisory Group must represent the diversity of this State and |
| 15 | | possess the expertise needed to perform the work required to |
| 16 | | meet the goals of the programs set forth under Section 21A-20. |
| 17 | | (b) The members of the Advisory Group shall be by |
| 18 | | appointed by the State Superintendent of Education and shall |
| 19 | | include all of the following members: |
| 20 | | (1) Four members representing teachers recommended by |
| 21 | | a statewide professional teachers' organization. |
| 22 | | (2) Four members representing teachers recommended by |
| 23 | | a different statewide professional teachers' organization. |
| 24 | | (3) Two members representing principals recommended by |
| 25 | | a statewide organization that represents principals. |
|
| | HB5501 | - 1039 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pupil's medical provider to help control the pupil's asthma. |
| 2 | | The goal of an asthma action plan is to reduce or prevent |
| 3 | | flare-ups and emergency department visits through day-to-day |
| 4 | | management and to serve as a student-specific document to be |
| 5 | | referenced in the event of an asthma episode. |
| 6 | | "Asthma episode emergency response protocol" means a |
| 7 | | procedure to provide assistance to a pupil experiencing |
| 8 | | symptoms of wheezing, coughing, shortness of breath, chest |
| 9 | | tightness, or breathing difficulty. |
| 10 | | "Epinephrine injector" includes an auto-injector approved |
| 11 | | by the United States Food and Drug Administration for the |
| 12 | | administration of epinephrine and a pre-filled syringe |
| 13 | | approved by the United States Food and Drug Administration and |
| 14 | | used for the administration of epinephrine that contains a |
| 15 | | pre-measured dose of epinephrine that is equivalent to the |
| 16 | | dosages used in an auto-injector. |
| 17 | | "Asthma medication" means quick-relief asthma medication, |
| 18 | | including albuterol or other short-acting bronchodilators, |
| 19 | | that is approved by the United States Food and Drug |
| 20 | | Administration for the treatment of respiratory distress. |
| 21 | | "Asthma medication" includes medication delivered through a |
| 22 | | device, including a metered dose inhaler with a reusable or |
| 23 | | disposable spacer or a nebulizer with a mouthpiece or mask.
|
| 24 | | "Opioid antagonist" means a drug that binds to opioid |
| 25 | | receptors and blocks or inhibits the effect of opioids acting |
| 26 | | on those receptors, including, but not limited to, naloxone |
|
| | HB5501 | - 1040 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | hydrochloride or any other similarly acting drug approved by |
| 2 | | the U.S. Food and Drug Administration. |
| 3 | | "Respiratory distress" means the perceived or actual |
| 4 | | presence of wheezing, coughing, shortness of breath, chest |
| 5 | | tightness, breathing difficulty, or any other symptoms |
| 6 | | consistent with asthma. Respiratory distress may be |
| 7 | | categorized as "mild-to-moderate" or "severe". |
| 8 | | "School nurse" means a registered nurse working in a |
| 9 | | school with or without licensure endorsed in school nursing. |
| 10 | | "Self-administration" means a pupil's discretionary use of |
| 11 | | his or
her prescribed asthma medication or epinephrine |
| 12 | | injector.
|
| 13 | | "Self-carry" means a pupil's ability to carry his or her |
| 14 | | prescribed asthma medication or epinephrine injector. |
| 15 | | "Standing protocol" may be issued by (i) a physician |
| 16 | | licensed to practice medicine in all its branches, (ii) a |
| 17 | | licensed physician assistant with prescriptive authority, or |
| 18 | | (iii) a licensed advanced practice registered nurse with |
| 19 | | prescriptive authority. |
| 20 | | "Trained personnel" means any school employee or volunteer |
| 21 | | personnel authorized in Sections 10-22.34, 10-22.34a, and |
| 22 | | 10-22.34b of this Code who has completed training under |
| 23 | | subsection (g) of this Section to recognize and respond to |
| 24 | | anaphylaxis, an opioid overdose, or respiratory distress. |
| 25 | | "Undesignated asthma medication" means asthma medication |
| 26 | | prescribed in the name of a school district, public school, |
|
| | HB5501 | - 1041 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | charter school, or nonpublic school. |
| 2 | | "Undesignated epinephrine injector" means an epinephrine |
| 3 | | injector prescribed in the name of a school district, public |
| 4 | | school, charter school, or nonpublic school. |
| 5 | | (b) A school, whether public, charter, or nonpublic, must |
| 6 | | permit the
self-administration and self-carry of asthma
|
| 7 | | medication by a pupil with asthma or the self-administration |
| 8 | | and self-carry of an epinephrine injector by a pupil, provided |
| 9 | | that:
|
| 10 | | (1) the parents or
guardians of the pupil provide to |
| 11 | | the school (i) written
authorization from the parents or |
| 12 | | guardians for (A) the self-administration and self-carry |
| 13 | | of asthma medication or (B) the self-carry of asthma |
| 14 | | medication or (ii) for (A) the self-administration and |
| 15 | | self-carry of an epinephrine injector or (B) the |
| 16 | | self-carry of an epinephrine injector, written |
| 17 | | authorization from the pupil's physician, physician |
| 18 | | assistant, or advanced practice registered nurse; and
|
| 19 | | (2) the
parents or guardians of the pupil provide to |
| 20 | | the school (i) the prescription label, which must contain |
| 21 | | the name of the asthma medication, the prescribed dosage, |
| 22 | | and the time at which or circumstances under which the |
| 23 | | asthma medication is to be administered, or (ii) for the |
| 24 | | self-administration or self-carry of an epinephrine |
| 25 | | injector, a
written
statement from the pupil's physician, |
| 26 | | physician assistant, or advanced practice registered
nurse |
|
| | HB5501 | - 1042 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | containing
the following information:
|
| 2 | | (A) the name and purpose of the epinephrine |
| 3 | | injector;
|
| 4 | | (B) the prescribed dosage; and
|
| 5 | | (C) the time or times at which or the special |
| 6 | | circumstances
under which the epinephrine injector is |
| 7 | | to be administered.
|
| 8 | | The information provided shall be kept on file in the office of |
| 9 | | the school
nurse or,
in the absence of a school nurse, the |
| 10 | | school's administrator.
|
| 11 | | (b-5) A school district, public school, charter school, or |
| 12 | | nonpublic school may authorize the provision of a |
| 13 | | student-specific or undesignated epinephrine injector to a |
| 14 | | student or any personnel authorized under a student's |
| 15 | | Individual Health Care Action Plan, Illinois Food Allergy |
| 16 | | Emergency Action Plan and Treatment Authorization Form, or |
| 17 | | plan pursuant to Section 504 of the federal Rehabilitation Act |
| 18 | | of 1973 to administer an epinephrine injector to the student, |
| 19 | | that meets the student's prescription on file. |
| 20 | | (b-10) The school district, public school, charter school, |
| 21 | | or nonpublic school may authorize a school nurse or trained |
| 22 | | personnel to do the following: (i) provide an undesignated |
| 23 | | epinephrine injector to a student for self-administration only |
| 24 | | or any personnel authorized under a student's Individual |
| 25 | | Health Care Action Plan, Illinois Food Allergy Emergency |
| 26 | | Action Plan and Treatment Authorization Form, plan pursuant to |
|
| | HB5501 | - 1043 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 504 of the federal Rehabilitation Act of 1973, or |
| 2 | | individualized education program plan to administer to the |
| 3 | | student that meets the student's prescription on file; (ii) |
| 4 | | administer an undesignated epinephrine injector that meets the |
| 5 | | prescription on file to any student who has an Individual |
| 6 | | Health Care Action Plan, Illinois Food Allergy Emergency |
| 7 | | Action Plan and Treatment Authorization Form, plan pursuant to |
| 8 | | Section 504 of the federal Rehabilitation Act of 1973, or |
| 9 | | individualized education program plan that authorizes the use |
| 10 | | of an epinephrine injector; (iii) administer an undesignated |
| 11 | | epinephrine injector to any person that the school nurse or |
| 12 | | trained personnel in good faith believes is having an |
| 13 | | anaphylactic reaction; (iv) administer an opioid antagonist to |
| 14 | | any person that the school nurse or trained personnel in good |
| 15 | | faith believes is having an opioid overdose; (v) provide |
| 16 | | undesignated asthma medication to a student for |
| 17 | | self-administration only or to any personnel authorized under |
| 18 | | a student's Individual Health Care Action Plan or asthma |
| 19 | | action plan, plan pursuant to Section 504 of the federal |
| 20 | | Rehabilitation Act of 1973, or individualized education |
| 21 | | program plan to administer to the student that meets the |
| 22 | | student's prescription on file; (vi) administer undesignated |
| 23 | | asthma medication that meets the prescription on file to any |
| 24 | | student who has an Individual Health Care Action Plan or |
| 25 | | asthma action plan, plan pursuant to Section 504 of the |
| 26 | | federal Rehabilitation Act of 1973, or individualized |
|
| | HB5501 | - 1044 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | education program plan that authorizes the use of asthma |
| 2 | | medication; and (vii) administer undesignated asthma |
| 3 | | medication to any person that the school nurse or trained |
| 4 | | personnel believes in good faith is having respiratory |
| 5 | | distress. |
| 6 | | (c) The school district, public school, charter school, or |
| 7 | | nonpublic school must inform the parents or
guardians of the
|
| 8 | | pupil, in writing, that the school district, public school, |
| 9 | | charter school, or nonpublic school and its
employees and
|
| 10 | | agents, including a physician, physician assistant, or |
| 11 | | advanced practice registered nurse providing standing protocol |
| 12 | | and a prescription for school epinephrine injectors, an opioid |
| 13 | | antagonist, or undesignated asthma medication,
are to incur no |
| 14 | | liability or professional discipline, except for willful and |
| 15 | | wanton conduct, as a result
of any injury arising from the
|
| 16 | | administration of asthma medication, an epinephrine injector, |
| 17 | | or an opioid antagonist regardless of whether authorization |
| 18 | | was given by the pupil's parents or guardians or by the pupil's |
| 19 | | physician, physician assistant, or advanced practice |
| 20 | | registered nurse. The parents or guardians
of the pupil must |
| 21 | | sign a statement acknowledging that the school district, |
| 22 | | public school, charter school,
or nonpublic school and its |
| 23 | | employees and agents are to incur no liability, except for |
| 24 | | willful and wanton
conduct, as a result of any injury arising
|
| 25 | | from the
administration of asthma medication, an epinephrine |
| 26 | | injector, or an opioid antagonist regardless of whether |
|
| | HB5501 | - 1045 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authorization was given by the pupil's parents or guardians or |
| 2 | | by the pupil's physician, physician assistant, or advanced |
| 3 | | practice registered nurse and that the parents or
guardians |
| 4 | | must indemnify and hold harmless the school district, public |
| 5 | | school, charter school, or nonpublic
school and
its
employees |
| 6 | | and agents against any claims, except a claim based on willful |
| 7 | | and
wanton conduct, arising out of the
administration of |
| 8 | | asthma medication, an epinephrine injector, or an opioid |
| 9 | | antagonist regardless of whether authorization was given by |
| 10 | | the pupil's parents or guardians or by the pupil's physician, |
| 11 | | physician assistant, or advanced practice registered nurse. |
| 12 | | (c-5) When a school nurse or trained personnel administers |
| 13 | | an undesignated epinephrine injector to a person whom the |
| 14 | | school nurse or trained personnel in good faith believes is |
| 15 | | having an anaphylactic reaction, administers an opioid |
| 16 | | antagonist to a person whom the school nurse or trained |
| 17 | | personnel in good faith believes is having an opioid overdose, |
| 18 | | or administers undesignated asthma medication to a person whom |
| 19 | | the school nurse or trained personnel in good faith believes |
| 20 | | is having respiratory distress, notwithstanding the lack of |
| 21 | | notice to the parents or guardians of the pupil or the absence |
| 22 | | of the parents or guardians signed statement acknowledging no |
| 23 | | liability, except for willful and wanton conduct, the school |
| 24 | | district, public school, charter school, or nonpublic school |
| 25 | | and its employees and agents, and a physician, a physician |
| 26 | | assistant, or an advanced practice registered nurse providing |
|
| | HB5501 | - 1046 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | standing protocol and a prescription for undesignated |
| 2 | | epinephrine injectors, an opioid antagonist, or undesignated |
| 3 | | asthma medication, are to incur no liability or professional |
| 4 | | discipline, except for willful and wanton conduct, as a result |
| 5 | | of any injury arising from the use of an undesignated |
| 6 | | epinephrine injector, the use of an opioid antagonist, or the |
| 7 | | use of undesignated asthma medication, regardless of whether |
| 8 | | authorization was given by the pupil's parents or guardians or |
| 9 | | by the pupil's physician, physician assistant, or advanced |
| 10 | | practice registered nurse.
|
| 11 | | (d) The permission for self-administration and self-carry |
| 12 | | of asthma medication or the self-administration and self-carry |
| 13 | | of an epinephrine injector is effective
for the school year |
| 14 | | for which it is granted and shall be renewed each
subsequent |
| 15 | | school year upon fulfillment of the requirements of this
|
| 16 | | Section.
|
| 17 | | (e) Provided that the requirements of this Section are |
| 18 | | fulfilled, a
pupil with asthma may self-administer and |
| 19 | | self-carry his or her asthma medication or a pupil may |
| 20 | | self-administer and self-carry an epinephrine injector (i) |
| 21 | | while in
school, (ii) while at a school-sponsored activity, |
| 22 | | (iii) while under the
supervision of
school personnel, or (iv) |
| 23 | | before or after normal school activities, such
as while in |
| 24 | | before-school or after-school care on school-operated
property |
| 25 | | or while being transported on a school bus.
|
| 26 | | (e-5) Provided that the requirements of this Section are |
|
| | HB5501 | - 1047 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fulfilled, a school nurse or trained personnel may administer |
| 2 | | an undesignated epinephrine injector to any person whom the |
| 3 | | school nurse or trained personnel in good faith believes to be |
| 4 | | having an anaphylactic reaction (i) while in school, (ii) |
| 5 | | while at a school-sponsored activity, (iii) while under the |
| 6 | | supervision of school personnel, or (iv) before or after |
| 7 | | normal school activities, such
as while in before-school or |
| 8 | | after-school care on school-operated property or while being |
| 9 | | transported on a school bus. A school nurse or trained |
| 10 | | personnel may carry undesignated epinephrine injectors on his |
| 11 | | or her person while in school or at a school-sponsored |
| 12 | | activity. |
| 13 | | (e-10) Provided that the requirements of this Section are |
| 14 | | fulfilled, a school nurse or trained personnel may administer |
| 15 | | an opioid antagonist to any person whom the school nurse or |
| 16 | | trained personnel in good faith believes to be having an |
| 17 | | opioid overdose (i) while in school, (ii) while at a |
| 18 | | school-sponsored activity, (iii) while under the supervision |
| 19 | | of school personnel, or (iv) before or after normal school |
| 20 | | activities, such as while in before-school or after-school |
| 21 | | care on school-operated property. A school nurse or trained |
| 22 | | personnel may carry an opioid antagonist on his or her person |
| 23 | | while in school or at a school-sponsored activity. |
| 24 | | (e-15) If the requirements of this Section are met, a |
| 25 | | school nurse or trained personnel may administer undesignated |
| 26 | | asthma medication to any person whom the school nurse or |
|
| | HB5501 | - 1048 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | trained personnel in good faith believes to be experiencing |
| 2 | | respiratory distress (i) while in school, (ii) while at a |
| 3 | | school-sponsored activity, (iii) while under the supervision |
| 4 | | of school personnel, or (iv) before or after normal school |
| 5 | | activities, including before-school or after-school care on |
| 6 | | school-operated property. A school nurse or trained personnel |
| 7 | | may carry undesignated asthma medication on his or her person |
| 8 | | while in school or at a school-sponsored activity. |
| 9 | | (f) The school district, public school, charter school, or |
| 10 | | nonpublic school may maintain a supply of undesignated |
| 11 | | epinephrine injectors in any secure location that is |
| 12 | | accessible before, during, and after school where an allergic |
| 13 | | person is most at risk, including, but not limited to, |
| 14 | | classrooms and lunchrooms. A physician, a physician assistant |
| 15 | | who has prescriptive authority in accordance with Section 7.5 |
| 16 | | of the Physician Assistant Practice Act of 1987, or an |
| 17 | | advanced practice registered nurse who has prescriptive |
| 18 | | authority in accordance with Section 65-40 of the Nurse |
| 19 | | Practice Act may prescribe undesignated epinephrine injectors |
| 20 | | in the name of the school district, public school, charter |
| 21 | | school, or nonpublic school to be maintained for use when |
| 22 | | necessary. Any supply of epinephrine injectors shall be |
| 23 | | maintained in accordance with the manufacturer's instructions. |
| 24 | | The school district, public school, charter school, or |
| 25 | | nonpublic school may maintain a supply of an opioid antagonist |
| 26 | | in any secure location where an individual may have an opioid |
|
| | HB5501 | - 1049 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | overdose. A health care professional who has been delegated |
| 2 | | prescriptive authority for opioid antagonists in accordance |
| 3 | | with Section 5-23 of the Substance Use Disorder Act may |
| 4 | | prescribe opioid antagonists in the name of the school |
| 5 | | district, public school, charter school, or nonpublic school, |
| 6 | | to be maintained for use when necessary. Any supply of opioid |
| 7 | | antagonists shall be maintained in accordance with the |
| 8 | | manufacturer's instructions. |
| 9 | | The school district, public school, charter school, or |
| 10 | | nonpublic school may maintain a supply of asthma medication in |
| 11 | | any secure location that is accessible before, during, or |
| 12 | | after school where a person is most at risk, including, but not |
| 13 | | limited to, a classroom or the nurse's office. A physician, a |
| 14 | | physician assistant who has prescriptive authority under |
| 15 | | Section 7.5 of the Physician Assistant Practice Act of 1987, |
| 16 | | or an advanced practice registered nurse who has prescriptive |
| 17 | | authority under Section 65-40 of the Nurse Practice Act may |
| 18 | | prescribe undesignated asthma medication in the name of the |
| 19 | | school district, public school, charter school, or nonpublic |
| 20 | | school to be maintained for use when necessary. Any supply of |
| 21 | | undesignated asthma medication must be maintained in |
| 22 | | accordance with the manufacturer's instructions. |
| 23 | | (f-3) Whichever entity initiates the process of obtaining |
| 24 | | undesignated epinephrine injectors and providing training to |
| 25 | | personnel for carrying and administering undesignated |
| 26 | | epinephrine injectors shall pay for the costs of the |
|
| | HB5501 | - 1050 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | undesignated epinephrine injectors. |
| 2 | | (f-5) Upon any administration of an epinephrine injector, |
| 3 | | a school district, public school, charter school, or nonpublic |
| 4 | | school must immediately activate the EMS system and notify the |
| 5 | | student's parent, guardian, or emergency contact, if known. |
| 6 | | Upon any administration of an opioid antagonist, a school |
| 7 | | district, public school, charter school, or nonpublic school |
| 8 | | must immediately activate the EMS system and notify the |
| 9 | | student's parent, guardian, or emergency contact, if known. |
| 10 | | (f-10) Within 24 hours of the administration of an |
| 11 | | undesignated epinephrine injector, a school district, public |
| 12 | | school, charter school, or nonpublic school must notify the |
| 13 | | physician, physician assistant, or advanced practice |
| 14 | | registered nurse who provided the standing protocol and a |
| 15 | | prescription for the undesignated epinephrine injector of its |
| 16 | | use. |
| 17 | | Within 24 hours after the administration of an opioid |
| 18 | | antagonist, a school district, public school, charter school, |
| 19 | | or nonpublic school must notify the health care professional |
| 20 | | who provided the prescription for the opioid antagonist of its |
| 21 | | use. |
| 22 | | Within 24 hours after the administration of undesignated |
| 23 | | asthma medication, a school district, public school, charter |
| 24 | | school, or nonpublic school must notify the student's parent |
| 25 | | or guardian or emergency contact, if known, and the physician, |
| 26 | | physician assistant, or advanced practice registered nurse who |
|
| | HB5501 | - 1051 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provided the standing protocol and a prescription for the |
| 2 | | undesignated asthma medication of its use. The district or |
| 3 | | school must follow up with the school nurse, if available, and |
| 4 | | may, with the consent of the child's parent or guardian, |
| 5 | | notify the child's health care provider of record, as |
| 6 | | determined under this Section, of its use. |
| 7 | | (g) Prior to the administration of an undesignated |
| 8 | | epinephrine injector, trained personnel must submit to the |
| 9 | | school's administration proof of completion of a training |
| 10 | | curriculum to recognize and respond to anaphylaxis that meets |
| 11 | | the requirements of subsection (h) of this Section. Training |
| 12 | | must be completed annually. The school district, public |
| 13 | | school, charter school, or nonpublic school must maintain |
| 14 | | records related to the training curriculum and trained |
| 15 | | personnel. |
| 16 | | Prior to the administration of an opioid antagonist, |
| 17 | | trained personnel must submit to the school's administration |
| 18 | | proof of completion of a training curriculum to recognize and |
| 19 | | respond to an opioid overdose, which curriculum must meet the |
| 20 | | requirements of subsection (h-5) of this Section. Training |
| 21 | | must be completed annually. Trained personnel must also submit |
| 22 | | to the school's administration proof of cardiopulmonary |
| 23 | | resuscitation and automated external defibrillator |
| 24 | | certification. The school district, public school, charter |
| 25 | | school, or nonpublic school must maintain records relating to |
| 26 | | the training curriculum and the trained personnel. |
|
| | HB5501 | - 1052 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Prior to the administration of undesignated asthma |
| 2 | | medication, trained personnel must submit to the school's |
| 3 | | administration proof of completion of a training curriculum to |
| 4 | | recognize and respond to respiratory distress, which must meet |
| 5 | | the requirements of subsection (h-10) of this Section. |
| 6 | | Training must be completed annually, and the school district, |
| 7 | | public school, charter school, or nonpublic school must |
| 8 | | maintain records relating to the training curriculum and the |
| 9 | | trained personnel. |
| 10 | | (h) A training curriculum to recognize and respond to |
| 11 | | anaphylaxis, including the administration of an undesignated |
| 12 | | epinephrine injector, may be conducted online or in person. |
| 13 | | Training shall include, but is not limited to: |
| 14 | | (1) how to recognize signs and symptoms of an allergic |
| 15 | | reaction, including anaphylaxis; |
| 16 | | (2) how to administer an epinephrine injector; and |
| 17 | | (3) a test demonstrating competency of the knowledge |
| 18 | | required to recognize anaphylaxis and administer an |
| 19 | | epinephrine injector. |
| 20 | | Training may also include, but is not limited to: |
| 21 | | (A) a review of high-risk areas within a school and |
| 22 | | its related facilities; |
| 23 | | (B) steps to take to prevent exposure to allergens; |
| 24 | | (C) emergency follow-up procedures, including the |
| 25 | | importance of calling 9-1-1 or, if 9-1-1 is not available, |
| 26 | | other local emergency medical services; |
|
| | HB5501 | - 1053 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (D) how to respond to a student with a known allergy, |
| 2 | | as well as a student with a previously unknown allergy; |
| 3 | | (E) other criteria as determined in rules adopted |
| 4 | | pursuant to this Section; and |
| 5 | | (F) any policy developed by the State Board of |
| 6 | | Education under Section 2-3.190 2-3.182. |
| 7 | | In consultation with statewide professional organizations |
| 8 | | representing physicians licensed to practice medicine in all |
| 9 | | of its branches, registered nurses, and school nurses, the |
| 10 | | State Board of Education shall make available resource |
| 11 | | materials consistent with criteria in this subsection (h) for |
| 12 | | educating trained personnel to recognize and respond to |
| 13 | | anaphylaxis. The State Board may take into consideration the |
| 14 | | curriculum on this subject developed by other states, as well |
| 15 | | as any other curricular materials suggested by medical experts |
| 16 | | and other groups that work on life-threatening allergy issues. |
| 17 | | The State Board is not required to create new resource |
| 18 | | materials. The State Board shall make these resource materials |
| 19 | | available on its Internet website. |
| 20 | | (h-5) A training curriculum to recognize and respond to an |
| 21 | | opioid overdose, including the administration of an opioid |
| 22 | | antagonist, may be conducted online or in person. The training |
| 23 | | must comply with any training requirements under Section 5-23 |
| 24 | | of the Substance Use Disorder Act and the corresponding rules. |
| 25 | | It must include, but is not limited to: |
| 26 | | (1) how to recognize symptoms of an opioid overdose; |
|
| | HB5501 | - 1055 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | not available, other local emergency medical services; |
| 2 | | (5) a test demonstrating competency of the knowledge |
| 3 | | required to recognize respiratory distress and administer |
| 4 | | asthma medication; and |
| 5 | | (6) other criteria as determined in rules adopted |
| 6 | | under this Section. |
| 7 | | (i) Within 3 days after the administration of an |
| 8 | | undesignated epinephrine injector by a school nurse, trained |
| 9 | | personnel, or a student at a school or school-sponsored |
| 10 | | activity, the school must report to the State Board of |
| 11 | | Education in a form and manner prescribed by the State Board |
| 12 | | the following information: |
| 13 | | (1) age and type of person receiving epinephrine |
| 14 | | (student, staff, visitor); |
| 15 | | (2) any previously known diagnosis of a severe |
| 16 | | allergy; |
| 17 | | (3) trigger that precipitated allergic episode; |
| 18 | | (4) location where symptoms developed; |
| 19 | | (5) number of doses administered; |
| 20 | | (6) type of person administering epinephrine (school |
| 21 | | nurse, trained personnel, student); and |
| 22 | | (7) any other information required by the State Board. |
| 23 | | If a school district, public school, charter school, or |
| 24 | | nonpublic school maintains or has an independent contractor |
| 25 | | providing transportation to students who maintains a supply of |
| 26 | | undesignated epinephrine injectors, then the school district, |
|
| | HB5501 | - 1056 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | public school, charter school, or nonpublic school must report |
| 2 | | that information to the State Board of Education upon adoption |
| 3 | | or change of the policy of the school district, public school, |
| 4 | | charter school, nonpublic school, or independent contractor, |
| 5 | | in a manner as prescribed by the State Board. The report must |
| 6 | | include the number of undesignated epinephrine injectors in |
| 7 | | supply. |
| 8 | | (i-5) Within 3 days after the administration of an opioid |
| 9 | | antagonist by a school nurse or trained personnel, the school |
| 10 | | must report to the State Board of Education, in a form and |
| 11 | | manner prescribed by the State Board, the following |
| 12 | | information: |
| 13 | | (1) the age and type of person receiving the opioid |
| 14 | | antagonist (student, staff, or visitor); |
| 15 | | (2) the location where symptoms developed; |
| 16 | | (3) the type of person administering the opioid |
| 17 | | antagonist (school nurse or trained personnel); and |
| 18 | | (4) any other information required by the State Board. |
| 19 | | (i-10) Within 3 days after the administration of |
| 20 | | undesignated asthma medication by a school nurse, trained |
| 21 | | personnel, or a student at a school or school-sponsored |
| 22 | | activity, the school must report to the State Board of |
| 23 | | Education, on a form and in a manner prescribed by the State |
| 24 | | Board of Education, the following information: |
| 25 | | (1) the age and type of person receiving the asthma |
| 26 | | medication (student, staff, or visitor); |
|
| | HB5501 | - 1057 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) any previously known diagnosis of asthma for the |
| 2 | | person; |
| 3 | | (3) the trigger that precipitated respiratory |
| 4 | | distress, if identifiable; |
| 5 | | (4) the location of where the symptoms developed; |
| 6 | | (5) the number of doses administered; |
| 7 | | (6) the type of person administering the asthma |
| 8 | | medication (school nurse, trained personnel, or student); |
| 9 | | (7) the outcome of the asthma medication |
| 10 | | administration; and |
| 11 | | (8)
any other information required by the State Board. |
| 12 | | (j) By October 1, 2015 and every year thereafter, the |
| 13 | | State Board of Education shall submit a report to the General |
| 14 | | Assembly identifying the frequency and circumstances of |
| 15 | | undesignated epinephrine and undesignated asthma medication |
| 16 | | administration during the preceding academic year. Beginning |
| 17 | | with the 2017 report, the report shall also contain |
| 18 | | information on which school districts, public schools, charter |
| 19 | | schools, and nonpublic schools maintain or have independent |
| 20 | | contractors providing transportation to students who maintain |
| 21 | | a supply of undesignated epinephrine injectors. This report |
| 22 | | shall be published on the State Board's Internet website on |
| 23 | | the date the report is delivered to the General Assembly. |
| 24 | | (j-5) Annually, each school district, public school, |
| 25 | | charter school, or nonpublic school shall request an asthma |
| 26 | | action plan from the parents or guardians of a pupil with |
|
| | HB5501 | - 1058 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | asthma. If provided, the asthma action plan must be kept on |
| 2 | | file in the office of the school nurse or, in the absence of a |
| 3 | | school nurse, the school administrator. Copies of the asthma |
| 4 | | action plan may be distributed to appropriate school staff who |
| 5 | | interact with the pupil on a regular basis, and, if |
| 6 | | applicable, may be attached to the pupil's federal Section 504 |
| 7 | | plan or individualized education program plan. |
| 8 | | (j-10) To assist schools with emergency response |
| 9 | | procedures for asthma, the State Board of Education, in |
| 10 | | consultation with statewide professional organizations with |
| 11 | | expertise in asthma management and a statewide organization |
| 12 | | representing school administrators, shall develop a model |
| 13 | | asthma episode emergency response protocol before September 1, |
| 14 | | 2016. Each school district, charter school, and nonpublic |
| 15 | | school shall adopt an asthma episode emergency response |
| 16 | | protocol before January 1, 2017 that includes all of the |
| 17 | | components of the State Board's model protocol. |
| 18 | | (j-15) Every 2 years, school personnel who work with |
| 19 | | pupils shall complete an in-person or online training program |
| 20 | | on the management of asthma, the prevention of asthma |
| 21 | | symptoms, and emergency response in the school setting. In |
| 22 | | consultation with statewide professional organizations with |
| 23 | | expertise in asthma management, the State Board of Education |
| 24 | | shall make available resource materials for educating school |
| 25 | | personnel about asthma and emergency response in the school |
| 26 | | setting. |
|
| | HB5501 | - 1060 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pandemic have impacted students and communities |
| 2 | | differently along the lines of race, income, language, and |
| 3 | | special needs. However, students in this State faced |
| 4 | | significant unmet physical health, mental health, and |
| 5 | | social and emotional needs even prior to the pandemic. |
| 6 | | (2) The path to recovery requires a commitment from |
| 7 | | adults in this State to address our students cultural, |
| 8 | | physical, emotional, and mental health needs and to |
| 9 | | provide them with stronger and increased systemic support |
| 10 | | and intervention. |
| 11 | | (3) It is well documented that trauma and toxic stress |
| 12 | | diminish a child's ability to thrive. Forms of childhood |
| 13 | | trauma and toxic stress include adverse childhood |
| 14 | | experiences, systemic racism, poverty, food and housing |
| 15 | | insecurity, and gender-based violence. The COVID-19 |
| 16 | | pandemic has exacerbated these issues and brought them |
| 17 | | into focus. |
| 18 | | (4) It is estimated that, overall, approximately 40% |
| 19 | | of children in this State have experienced at least one |
| 20 | | adverse childhood experience and approximately 10% have |
| 21 | | experienced 3 or more adverse childhood experiences. |
| 22 | | However, the number of adverse childhood experiences is |
| 23 | | higher for Black and Hispanic children who are growing up |
| 24 | | in poverty. The COVID-19 pandemic has amplified the number |
| 25 | | of students who have experienced childhood trauma. Also, |
| 26 | | the COVID-19 pandemic has highlighted preexisting |
|
| | HB5501 | - 1061 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | inequities in school disciplinary practices that |
| 2 | | disproportionately impact Black and Brown students. |
| 3 | | Research shows, for example, that girls of color are |
| 4 | | disproportionately impacted by trauma, adversity, and |
| 5 | | abuse, and instead of receiving the care and |
| 6 | | trauma-informed support they may need, many Black girls in |
| 7 | | particular face disproportionately harsh disciplinary |
| 8 | | measures. |
| 9 | | (5) The cumulative effects of trauma and toxic stress |
| 10 | | adversely impact the physical health of students, as well |
| 11 | | as their ability to learn, form relationships, and |
| 12 | | self-regulate. If left unaddressed, these effects increase |
| 13 | | a student's risk for depression, alcoholism, anxiety, |
| 14 | | asthma, smoking, and suicide, all of which are risks that |
| 15 | | disproportionately affect Black youth and may lead to a |
| 16 | | host of medical diseases as an adult. Access to infant and |
| 17 | | early childhood mental health services is critical to |
| 18 | | ensure the social and emotional well-being of this State's |
| 19 | | youngest children, particularly those children who have |
| 20 | | experienced trauma. |
| 21 | | (6) Although this State enacted measures through |
| 22 | | Public Act 100-105 to address the high rate of early care |
| 23 | | and preschool expulsions of infants, toddlers, and |
| 24 | | preschoolers and the disproportionately higher rate of |
| 25 | | expulsion for Black and Hispanic children, a recent study |
| 26 | | found a wide variation in the awareness, understanding, |
|
| | HB5501 | - 1062 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and compliance with the law by providers of early |
| 2 | | childhood care. Further work is needed to implement the |
| 3 | | law, which includes providing training to early childhood |
| 4 | | care providers to increase their understanding of the law, |
| 5 | | increasing the availability and access to infant and early |
| 6 | | childhood mental health services, and building aligned |
| 7 | | data collection systems to better understand expulsion |
| 8 | | rates and to allow for accurate reporting as required by |
| 9 | | the law. |
| 10 | | (7) Many educators and schools in this State have |
| 11 | | embraced and implemented evidenced-based restorative |
| 12 | | justice and trauma-responsive and culturally relevant |
| 13 | | practices and interventions. However, the use of these |
| 14 | | interventions on students is often isolated or is |
| 15 | | implemented occasionally and only if the school has the |
| 16 | | appropriate leadership, resources, and partners available |
| 17 | | to engage seriously in this work. It would be malpractice |
| 18 | | to deny our students access to these practices and |
| 19 | | interventions, especially in the aftermath of a |
| 20 | | once-in-a-century pandemic. |
| 21 | | (b) The Whole Child Task Force is created for the purpose |
| 22 | | of establishing an equitable, inclusive, safe, and supportive |
| 23 | | environment in all schools for every student in this State. |
| 24 | | The task force shall have all of the following goals, which |
| 25 | | means key steps have to be taken to ensure that every child in |
| 26 | | every school in this State has access to teachers, social |
|
| | HB5501 | - 1063 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | workers, school leaders, support personnel, and others who |
| 2 | | have been trained in evidenced-based interventions and |
| 3 | | restorative practices: |
| 4 | | (1) To create a common definition of a |
| 5 | | trauma-responsive school, a trauma-responsive district, |
| 6 | | and a trauma-responsive community. |
| 7 | | (2) To outline the training and resources required to |
| 8 | | create and sustain a system of support for |
| 9 | | trauma-responsive schools, districts, and communities and |
| 10 | | to identify this State's role in that work, including |
| 11 | | recommendations concerning options for redirecting |
| 12 | | resources from school resource officers to classroom-based |
| 13 | | support. |
| 14 | | (3) To identify or develop a process to conduct an |
| 15 | | analysis of the organizations that provide training in |
| 16 | | restorative practices, implicit bias, anti-racism, and |
| 17 | | trauma-responsive systems, mental health services, and |
| 18 | | social and emotional services to schools. |
| 19 | | (4) To provide recommendations concerning the key data |
| 20 | | to be collected and reported to ensure that this State has |
| 21 | | a full and accurate understanding of the progress toward |
| 22 | | ensuring that all schools, including programs and |
| 23 | | providers of care to pre-kindergarten children, employ |
| 24 | | restorative, anti-racist, and trauma-responsive |
| 25 | | strategies and practices. The data collected must include |
| 26 | | information relating to the availability of trauma |
|
| | HB5501 | - 1064 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | responsive support structures in schools as well as |
| 2 | | disciplinary practices employed on students in person or |
| 3 | | through other means, including during remote or blended |
| 4 | | learning. It should also include information on the use |
| 5 | | of, and funding for, school resource officers and other |
| 6 | | similar police personnel in school programs. |
| 7 | | (5) To recommend an implementation timeline, including |
| 8 | | the key roles, responsibilities, and resources to advance |
| 9 | | this State toward a system in which every school, |
| 10 | | district, and community is progressing toward becoming |
| 11 | | trauma-responsive. |
| 12 | | (6) To seek input and feedback from stakeholders, |
| 13 | | including parents, students, and educators, who reflect |
| 14 | | the diversity of this State. |
| 15 | | (7) To recommend legislation, policies, and practices |
| 16 | | to prevent learning loss in students during periods of |
| 17 | | suspension and expulsion, including, but not limited to, |
| 18 | | remote instruction. |
| 19 | | (c) Members of the Whole Child Task Force shall be |
| 20 | | appointed by the State Superintendent of Education. Members of |
| 21 | | this task force must represent the diversity of this State and |
| 22 | | possess the expertise needed to perform the work required to |
| 23 | | meet the goals of the task force set forth under subsection |
| 24 | | (a). Members of the task force shall include all of the |
| 25 | | following: |
| 26 | | (1) One member of a statewide professional teachers' |
|
| | HB5501 | - 1066 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (11) One member of the General Assembly recommended by |
| 2 | | the Speaker of the House of
Representatives. |
| 3 | | (12) One member of the General Assembly recommended by |
| 4 | | the Minority Leader of the Senate. |
| 5 | | (13) One member of the General Assembly recommended by |
| 6 | | the Minority Leader of the House of Representatives. |
| 7 | | (14) One member of a civil rights organization that |
| 8 | | works actively on issues regarding student support. |
| 9 | | (15) One administrator from a school district that has |
| 10 | | actively worked to develop a system of student support |
| 11 | | that uses a trauma-informed lens. |
| 12 | | (16) One educator from a school district that has |
| 13 | | actively worked to develop a system of student support |
| 14 | | that uses a trauma-informed lens. |
| 15 | | (17) One member of a youth-led organization. |
| 16 | | (18) One member of an organization that has |
| 17 | | demonstrated expertise in restorative practices. |
| 18 | | (19) One member of a coalition of mental health and |
| 19 | | school practitioners who assist schools in developing and |
| 20 | | implementing trauma-informed and restorative strategies |
| 21 | | and systems. |
| 22 | | (20) One member of an organization whose mission is to |
| 23 | | promote the safety, health, and economic success of |
| 24 | | children, youth, and families in this State. |
| 25 | | (21) One member who works or has worked as a |
| 26 | | restorative justice coach or disciplinarian. |
|
| | HB5501 | - 1068 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | expertise in child development and who is responsible for |
| 2 | | coordinating early childhood mental health programs and |
| 3 | | services. |
| 4 | | (32) One member who has significant expertise in early |
| 5 | | childhood mental health and childhood trauma. |
| 6 | | (33) One member who represents an organization that |
| 7 | | represents school districts in the collar counties. |
| 8 | | (34) (31) One member who represents an organization |
| 9 | | representing regional offices of education. |
| 10 | | (d) The Whole Child Task Force shall meet at the call of |
| 11 | | the State Superintendent of Education or his or her designee, |
| 12 | | who shall serve as the chairperson. The State Board of |
| 13 | | Education shall provide administrative and other support to |
| 14 | | the task force. Members of the task force shall serve without |
| 15 | | compensation. |
| 16 | | (e) The Whole Child Task Force shall submit a report of its |
| 17 | | findings and recommendations to the General Assembly, the |
| 18 | | Illinois Legislative Black Caucus, the State Board of |
| 19 | | Education, and the Governor on or before March 15, 2022. Upon |
| 20 | | submitting its report, the task force is dissolved. |
| 21 | | (f) This Section is repealed on February 1, 2023.
|
| 22 | | (Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21 |
| 23 | | (See Section 5 of P.A. 102-671 for effective date of P.A. |
| 24 | | 102-209); 102-635, eff. 11-30-21 (See Section 10 of P.A. |
| 25 | | 102-671 for effective date of P.A. 102-635); 102-671, eff. |
| 26 | | 11-30-21; revised 1-5-22.)
|
|
| | HB5501 | - 1069 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (105 ILCS 5/22-91)
|
| 2 | | Sec. 22-91 22-90. Modification of athletic or team |
| 3 | | uniform; nonpublic schools. |
| 4 | | (a) A nonpublic school recognized by the State Board of |
| 5 | | Education must allow a student athlete to modify his or her |
| 6 | | athletic or team uniform for the purpose of modesty in |
| 7 | | clothing or attire that is in accordance with the requirements |
| 8 | | of his or her religion or his or her cultural values or modesty |
| 9 | | preferences. The modification of the athletic or team uniform |
| 10 | | may include, but is not limited to, the wearing of a hijab, an |
| 11 | | undershirt, or leggings. If a student chooses to modify his or |
| 12 | | her athletic or team uniform the student is responsible for |
| 13 | | all costs associated with the modification of the uniform and |
| 14 | | the student shall not be required to receive prior approval |
| 15 | | from the school for such modification. However, nothing in |
| 16 | | this Section prohibits a school from providing the |
| 17 | | modification to the student. |
| 18 | | (b) At a minimum, any modification of the athletic or team |
| 19 | | uniform must not interfere with the movement of the student or |
| 20 | | pose a safety hazard to the student or to other athletes or |
| 21 | | players. The modification of headgear is permitted if the |
| 22 | | headgear: |
| 23 | | (1) is black, white, the predominant predominate color |
| 24 | | of the uniform, or the same color for all players on the |
| 25 | | team; |
|
| | HB5501 | - 1070 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) does not cover any part of the face; |
| 2 | | (3) is not dangerous to the player or to the other |
| 3 | | players; |
| 4 | | (4) has no opening or closing elements around the face |
| 5 | | and neck; and |
| 6 | | (5) has no parts extruding from its surface.
|
| 7 | | (Source: P.A. 102-51, eff. 7-9-21; revised 11-9-21.)
|
| 8 | | (105 ILCS 5/22-92)
|
| 9 | | (This Section may contain text from a Public Act with a |
| 10 | | delayed effective date) |
| 11 | | Sec. 22-92 22-90. Absenteeism and truancy policy. |
| 12 | | (a) Each school district, charter school, or alternative |
| 13 | | school or any school receiving public funds shall develop and |
| 14 | | communicate to its students and their parent or guardian, on |
| 15 | | an annual basis, an absenteeism and truancy policy, including |
| 16 | | at least the following elements: |
| 17 | | (1) A definition of a valid cause for absence in |
| 18 | | accordance with Section 26-2a of this Code. |
| 19 | | (2) A description of diagnostic procedures to be used |
| 20 | | for identifying the causes of unexcused student |
| 21 | | absenteeism, which shall, at a minimum, include interviews |
| 22 | | with the student, his or her parent or guardian, and any |
| 23 | | school officials who may have information about the |
| 24 | | reasons for the student's attendance problem. |
| 25 | | (3) The identification of supportive services to be |
|
| | HB5501 | - 1071 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | made available to truant or chronically truant students. |
| 2 | | These services shall include, but need not be limited to, |
| 3 | | parent conferences, student counseling, family counseling, |
| 4 | | and information about existing community services that are |
| 5 | | available to truant and chronically truant students and |
| 6 | | relevant to their needs. |
| 7 | | (4) Incorporation of the provisions relating to |
| 8 | | chronic absenteeism in accordance with Section 26-18 of |
| 9 | | this Code. |
| 10 | | (b) The absenteeism and truancy policy must be updated |
| 11 | | every 2 years and filed with the State Board of Education and |
| 12 | | the regional superintendent of schools.
|
| 13 | | (Source: P.A. 102-157, eff. 7-1-22; revised 11-9-21.)
|
| 14 | | (105 ILCS 5/22-93)
|
| 15 | | Sec. 22-93 22-90. School guidance counselor; gift ban. |
| 16 | | (a) In this Section: |
| 17 | | "Guidance counselor" means a person employed by a school |
| 18 | | district and working in a high school to offer students advice |
| 19 | | and assistance in making career or college plans. |
| 20 | | "Prohibited source" means any person who is employed by an |
| 21 | | institution of higher education or is an agent or spouse of or |
| 22 | | an immediate family member living with a person employed by an |
| 23 | | institution of higher education. |
| 24 | | "Relative" means an individual related to another as |
| 25 | | father, mother, son, daughter, brother, sister, uncle, aunt, |
|
| | HB5501 | - 1072 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | great-aunt, great-uncle, first cousin, nephew, niece, husband, |
| 2 | | wife, grandfather, grandmother, grandson, granddaughter, |
| 3 | | father-in-law, mother-in-law, son-in-law, daughter-in-law, |
| 4 | | brother-in-law, sister-in-law, stepfather, stepmother, |
| 5 | | stepson, stepdaughter, stepbrother, stepsister, half brother, |
| 6 | | or half sister or the father, mother, grandfather, or |
| 7 | | grandmother of the individual's spouse or the individual's |
| 8 | | fiance or fiancee. |
| 9 | | (b) A guidance counselor may not intentionally solicit or |
| 10 | | accept any gift from a prohibited source or solicit or accept a |
| 11 | | gift that would be in violation of any federal or State statute |
| 12 | | or rule. A prohibited source may not intentionally offer or |
| 13 | | make a gift that violates this Section. |
| 14 | | (c) The prohibition in subsection (b) does not apply to |
| 15 | | any of the following: |
| 16 | | (1) Opportunities, benefits, and services that are |
| 17 | | available on the same conditions as for the general |
| 18 | | public. |
| 19 | | (2) Anything for which the guidance counselor pays the |
| 20 | | market value. |
| 21 | | (3) A gift from a relative. |
| 22 | | (4) Anything provided by an individual on the basis of |
| 23 | | a personal friendship, unless the guidance counselor has |
| 24 | | reason to believe that, under the circumstances, the gift |
| 25 | | was provided because of the official position or |
| 26 | | employment of the guidance counselor and not because of |
|
| | HB5501 | - 1073 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the personal friendship. In determining whether a gift is |
| 2 | | provided on the basis of personal friendship, the guidance |
| 3 | | counselor must consider the circumstances in which the |
| 4 | | gift was offered, including any of the following: |
| 5 | | (A) The history of the relationship between the |
| 6 | | individual giving the gift and the guidance counselor, |
| 7 | | including any previous exchange of gifts between those |
| 8 | | individuals. |
| 9 | | (B) Whether, to the actual knowledge of the |
| 10 | | guidance counselor, the individual who gave the gift |
| 11 | | personally paid for the gift or sought a tax deduction |
| 12 | | or business reimbursement for the gift. |
| 13 | | (C) Whether, to the actual knowledge of the |
| 14 | | guidance counselor, the individual who gave the gift |
| 15 | | also, at the same time, gave the same or a similar gift |
| 16 | | to other school district employees. |
| 17 | | (5) Bequests, inheritances, or other transfers at |
| 18 | | death. |
| 19 | | (6) Any item or items from any one prohibited source |
| 20 | | during any calendar year having a cumulative total value |
| 21 | | of less than $100. |
| 22 | | (7) Promotional materials, including, but not limited |
| 23 | | to, pens, pencils, banners, posters, and pennants. |
| 24 | | Each exception listed under this subsection is mutually |
| 25 | | exclusive and independent of one another. |
| 26 | | (d) A guidance counselor is not in violation of this |
|
| | HB5501 | - 1074 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section if he or she promptly takes reasonable action to |
| 2 | | return the gift to the prohibited source or donates the gift or |
| 3 | | an amount equal to its value to an appropriate charity that is |
| 4 | | exempt from income taxation under Section 501(c)(3) of the |
| 5 | | Internal Revenue Code of 1986. |
| 6 | | A guidance counselor or prohibited source who |
| 7 | | intentionally violates this Section is guilty of a business |
| 8 | | offense and is subject to a fine of at least $1,001 and up to |
| 9 | | $5,000.
|
| 10 | | (Source: P.A. 102-327, eff. 1-1-22; revised 11-9-21.)
|
| 11 | | (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
|
| 12 | | Sec. 24-2. Holidays. |
| 13 | | (a) Teachers shall not be required
to teach on Saturdays, |
| 14 | | nor, except as provided in subsection (b) of this Section, |
| 15 | | shall teachers or other school
employees, other than |
| 16 | | noncertificated school employees whose presence is
necessary |
| 17 | | because of an emergency or for the continued operation and
|
| 18 | | maintenance of school facilities or property, be
required to |
| 19 | | work on legal school
holidays, which are January 1, New Year's |
| 20 | | Day; the third Monday in
January, the Birthday of Dr. Martin |
| 21 | | Luther King, Jr.; February 12, the
Birthday of President |
| 22 | | Abraham Lincoln; the
first Monday in March (to be known as |
| 23 | | Casimir Pulaski's birthday); Good
Friday; the day designated |
| 24 | | as Memorial Day by federal law; June 19, Juneteenth National |
| 25 | | Freedom Day; July 4,
Independence Day; the first Monday in |
|
| | HB5501 | - 1075 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | September, Labor Day; the second Monday
in October, Columbus |
| 2 | | Day; November 11, Veterans' Day; the Thursday in
November |
| 3 | | commonly called Thanksgiving Day; and December 25, Christmas |
| 4 | | Day.
School boards may grant special holidays whenever in |
| 5 | | their judgment such
action is advisable. No deduction shall
be |
| 6 | | made from the time or
compensation of a school employee on |
| 7 | | account of any legal
or special holiday.
|
| 8 | | (b) A school board or other entity eligible to apply for |
| 9 | | waivers and modifications under Section 2-3.25g of this Code |
| 10 | | is authorized to hold school or schedule teachers' institutes, |
| 11 | | parent-teacher conferences, or staff development on the third |
| 12 | | Monday in January (the Birthday of Dr. Martin Luther King, |
| 13 | | Jr.); February 12 (the Birthday of President Abraham Lincoln); |
| 14 | | the first Monday in March (known as Casimir Pulaski's |
| 15 | | birthday); the second Monday in October (Columbus Day); and |
| 16 | | November 11 (Veterans' Day), provided that: |
| 17 | | (1) the person or persons honored by the holiday are |
| 18 | | recognized through instructional activities conducted on |
| 19 | | that day or, if the day is not used for student attendance, |
| 20 | | on the first school day preceding or following that day; |
| 21 | | and |
| 22 | | (2) the entity that chooses to exercise this authority |
| 23 | | first holds a public hearing about the proposal. The |
| 24 | | entity shall provide notice preceding the public hearing |
| 25 | | to both educators and parents. The notice shall set forth |
| 26 | | the time, date, and place of the hearing, describe the |
|
| | HB5501 | - 1076 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | proposal, and indicate that the entity will take testimony |
| 2 | | from educators and parents about the proposal.
|
| 3 | | (c) Commemorative holidays, which recognize specified |
| 4 | | patriotic, civic,
cultural or historical persons, activities, |
| 5 | | or events, are regular school
days. Commemorative
holidays |
| 6 | | are: January 17 (the birthday of Muhammad Ali), January 28 (to |
| 7 | | be known as Christa McAuliffe Day and
observed as a |
| 8 | | commemoration of space exploration), February 15 (the
birthday |
| 9 | | of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
|
| 10 | | September 11 (September 11th Day of Remembrance), the school |
| 11 | | day
immediately preceding Veterans' Day (Korean War Veterans'
|
| 12 | | Day), October 1 (Recycling Day), October 7 (Iraq and |
| 13 | | Afghanistan Veterans Remembrance Day), December 7 (Pearl |
| 14 | | Harbor Veterans' Day), and
any day so appointed by the |
| 15 | | President or
Governor. School boards may establish |
| 16 | | commemorative holidays whenever in
their judgment such action |
| 17 | | is advisable.
School boards shall include instruction relative |
| 18 | | to commemorated persons,
activities, or
events on the |
| 19 | | commemorative holiday or at any other time during the school
|
| 20 | | year and at any point in the curriculum when such instruction |
| 21 | | may be deemed
appropriate. The State Board of Education shall |
| 22 | | prepare and make available
to school boards instructional |
| 23 | | materials relative to commemorated persons,
activities,
or |
| 24 | | events which may be used by school boards in conjunction with |
| 25 | | any
instruction provided pursuant to this paragraph.
|
| 26 | | (d) City of Chicago School District 299 shall observe |
|
| | HB5501 | - 1077 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | March 4 of each year as
a commemorative holiday. This holiday |
| 2 | | shall be known as Mayors' Day which
shall be a day to |
| 3 | | commemorate and be reminded of the past Chief Executive
|
| 4 | | Officers of the City of Chicago, and in particular the late |
| 5 | | Mayor Richard
J. Daley and the late Mayor Harold Washington. |
| 6 | | If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be |
| 7 | | observed on the following Monday. |
| 8 | | (e) Notwithstanding any other provision of State law to |
| 9 | | the contrary, November 3, 2020 shall be a State holiday known |
| 10 | | as 2020 General Election Day and shall be observed throughout |
| 11 | | the State pursuant to this amendatory Act of the 101st General |
| 12 | | Assembly. All government offices, with the exception of |
| 13 | | election authorities, shall be closed unless authorized to be |
| 14 | | used as a location for election day services or as a polling |
| 15 | | place. |
| 16 | | Notwithstanding any other provision of State law to the |
| 17 | | contrary, November 8, 2022 shall be a State holiday known as |
| 18 | | 2022 General Election Day and shall be observed throughout the |
| 19 | | State under Public Act 102-15 this amendatory Act of the 102nd |
| 20 | | General Assembly.
|
| 21 | | (Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22; |
| 22 | | 102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff. |
| 23 | | 1-1-22; revised 10-4-21.)
|
| 24 | | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
|
| 25 | | Sec. 26-1. Compulsory school age; exemptions. Whoever has |
|
| | HB5501 | - 1078 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | custody or control of any child (i) between the ages of 7 and |
| 2 | | 17
years (unless the child has already graduated from high |
| 3 | | school) for school years before the 2014-2015 school year or |
| 4 | | (ii) between the ages
of 6 (on or before September 1) and 17 |
| 5 | | years (unless the child has already graduated from high |
| 6 | | school) beginning with the 2014-2015 school year
shall cause |
| 7 | | such child to attend some public school in the district
|
| 8 | | wherein the child resides the entire time it is in session |
| 9 | | during the
regular school term, except as provided in Section |
| 10 | | 10-19.1, and during a
required summer school program |
| 11 | | established under Section 10-22.33B; provided,
that
the |
| 12 | | following children shall not be required to attend the public |
| 13 | | schools:
|
| 14 | | 1. Any child attending a private or a parochial school |
| 15 | | where children
are taught the branches of education taught |
| 16 | | to children of corresponding
age and grade in the public |
| 17 | | schools, and where the instruction of the child
in the |
| 18 | | branches of education is in the English language;
|
| 19 | | 2. Any child who is physically or mentally unable to |
| 20 | | attend school, such
disability being certified to the |
| 21 | | county or district truant officer by a
competent physician |
| 22 | | licensed in Illinois to practice medicine and surgery in |
| 23 | | all its branches, a chiropractic physician licensed under |
| 24 | | the Medical Practice Act of 1987, a licensed advanced |
| 25 | | practice registered nurse, a licensed physician assistant, |
| 26 | | or a Christian Science practitioner residing in this
State |
|
| | HB5501 | - 1079 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and listed in the Christian Science Journal; or who is |
| 2 | | excused for
temporary absence for cause by
the principal |
| 3 | | or teacher of the school which the child attends, with |
| 4 | | absence for cause by illness being required to include the |
| 5 | | mental or behavioral health of the child for up to 5 days |
| 6 | | for which the child need not provide a medical note, in |
| 7 | | which case the child shall be given the opportunity to |
| 8 | | make up any school work missed during the mental or |
| 9 | | behavioral health absence and, after the second mental |
| 10 | | health day used, may be referred to the appropriate school |
| 11 | | support personnel; the exemptions
in this paragraph (2) do |
| 12 | | not apply to any female who is pregnant or the
mother of |
| 13 | | one or more children, except where a female is unable to |
| 14 | | attend
school due to a complication arising from her |
| 15 | | pregnancy and the existence
of such complication is |
| 16 | | certified to the county or district truant officer
by a |
| 17 | | competent physician;
|
| 18 | | 3. Any child necessarily and lawfully employed |
| 19 | | according to the
provisions of the law regulating child |
| 20 | | labor may be excused from attendance
at school by the |
| 21 | | county superintendent of schools or the superintendent of
|
| 22 | | the public school which the child should be attending, on |
| 23 | | certification of
the facts by and the recommendation of |
| 24 | | the school board of the public
school district in which |
| 25 | | the child resides. In districts having part-time
|
| 26 | | continuation schools, children so excused shall attend |
|
| | HB5501 | - 1080 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | such schools at
least 8 hours each week;
|
| 2 | | 4. Any child over 12 and under 14 years of age while in |
| 3 | | attendance at
confirmation classes;
|
| 4 | | 5. Any child absent from a public school on a |
| 5 | | particular day or days
or at a particular time of day for |
| 6 | | the reason that he is unable to attend
classes or to |
| 7 | | participate in any examination, study, or work |
| 8 | | requirements on
a particular day or days or at a |
| 9 | | particular time of day because of religious reasons, |
| 10 | | including the observance of a religious holiday or |
| 11 | | participation in religious instruction, or because the |
| 12 | | tenets
of his religion forbid secular activity on a |
| 13 | | particular day or days or at a
particular time of day. A |
| 14 | | school
board may require the parent or guardian of a child |
| 15 | | who is to be excused
from attending school because of |
| 16 | | religious reasons to give
notice, not exceeding 5 days, of |
| 17 | | the child's absence to the school
principal or other |
| 18 | | school personnel. Any child excused from attending
school |
| 19 | | under this paragraph 5 shall not be required to submit a |
| 20 | | written
excuse for such absence after returning to school. |
| 21 | | A district superintendent shall develop and distribute to |
| 22 | | schools appropriate procedures regarding a student's |
| 23 | | absence for religious reasons, how schools are notified of |
| 24 | | a student's impending absence for religious reasons, and |
| 25 | | the requirements of Section 26-2b of this Code; |
| 26 | | 6. Any child 16 years of age or older who (i) submits |
|
| | HB5501 | - 1081 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to a school district evidence of necessary and lawful |
| 2 | | employment pursuant to paragraph 3 of this Section and |
| 3 | | (ii) is enrolled in a graduation incentives program |
| 4 | | pursuant to Section 26-16 of this Code or an alternative |
| 5 | | learning opportunities program established pursuant to |
| 6 | | Article 13B of this Code;
|
| 7 | | 7. A child in any of grades 6 through 12 absent from a |
| 8 | | public school on a particular day or days or at a |
| 9 | | particular time of day for the purpose of sounding "Taps" |
| 10 | | at a military honors funeral held in this State for a |
| 11 | | deceased veteran. In order to be excused under this |
| 12 | | paragraph 7, the student shall notify the school's |
| 13 | | administration at least 2 days prior to the date of the |
| 14 | | absence and shall provide the school's administration with |
| 15 | | the date, time, and location of the military
honors |
| 16 | | funeral. The school's administration may waive this 2-day |
| 17 | | notification requirement if the student did not receive at |
| 18 | | least 2 days advance notice, but the student shall notify |
| 19 | | the school's administration as soon as possible of the |
| 20 | | absence. A student whose absence is excused under this |
| 21 | | paragraph 7 shall be counted as if the student attended |
| 22 | | school for purposes of calculating the average daily |
| 23 | | attendance of students in the school district. A student |
| 24 | | whose absence is excused under this paragraph 7 must be |
| 25 | | allowed a reasonable time to make up school work missed |
| 26 | | during the absence. If the student satisfactorily |
|
| | HB5501 | - 1082 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | completes the school work, the day of absence shall be |
| 2 | | counted as a day of compulsory attendance and he or she may |
| 3 | | not be penalized for that absence; and |
| 4 | | 8. Any child absent from a public school on a |
| 5 | | particular day or days or at a particular time of day for |
| 6 | | the reason that his or her parent or legal guardian is an |
| 7 | | active duty member of the uniformed services and has been |
| 8 | | called to duty for, is on leave from, or has immediately |
| 9 | | returned from deployment to a combat zone or |
| 10 | | combat-support postings. Such a student shall be granted 5 |
| 11 | | days of excused absences in any school year and, at the |
| 12 | | discretion of the school board, additional excused |
| 13 | | absences to visit the student's parent or legal guardian |
| 14 | | relative to such leave or deployment of the parent or |
| 15 | | legal guardian. In the case of excused absences pursuant |
| 16 | | to this paragraph 8, the student and parent or legal |
| 17 | | guardian shall be responsible for obtaining assignments |
| 18 | | from the student's teacher prior to any period of excused |
| 19 | | absence and for ensuring that such assignments are |
| 20 | | completed by the student prior to his or her return to |
| 21 | | school from such period of excused absence. |
| 22 | | (Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22; |
| 23 | | 102-406, eff. 8-19-21; revised 9-28-21.)
|
| 24 | | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) |
| 25 | | (Text of Section before amendment by P.A. 102-466) |
|
| | HB5501 | - 1083 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 26-2a. A "truant" is defined as a child who is subject |
| 2 | | to compulsory school
attendance and who is absent without |
| 3 | | valid cause, as defined under this Section, from such |
| 4 | | attendance for more than 1% but less than 5% of the past 180 |
| 5 | | school days. |
| 6 | | "Valid cause" for absence shall be illness, including the |
| 7 | | mental or behavioral health of the student, observance of a |
| 8 | | religious
holiday, death in the immediate family,
or family |
| 9 | | emergency and shall include such other situations beyond the |
| 10 | | control
of the student, as determined by the board of |
| 11 | | education in each district,
or such other circumstances which |
| 12 | | cause reasonable concern to the parent
for the mental, |
| 13 | | emotional, or physical health or safety of the student. |
| 14 | | "Chronic or habitual truant" shall be defined as a child |
| 15 | | who is subject to compulsory
school attendance and who is |
| 16 | | absent without valid cause from such attendance
for 5% or more |
| 17 | | of the previous 180 regular attendance days. |
| 18 | | "Truant minor" is defined as a chronic truant to whom |
| 19 | | supportive
services, including prevention, diagnostic, |
| 20 | | intervention and remedial
services, alternative programs and |
| 21 | | other school and community resources
have been provided and |
| 22 | | have failed to result in the cessation of chronic
truancy, or |
| 23 | | have been offered and refused. |
| 24 | | A "dropout" is defined as any child enrolled in grades 9 |
| 25 | | through 12 whose
name has been removed from the district |
| 26 | | enrollment roster for any reason
other than the student's |
|
| | HB5501 | - 1084 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | death, extended illness, removal for medical non-compliance, |
| 2 | | expulsion, aging out, graduation, or completion of a
program |
| 3 | | of studies and who has not transferred to another public or |
| 4 | | private school and is not known to be home-schooled by his or |
| 5 | | her parents or guardians or continuing school in another |
| 6 | | country. |
| 7 | | "Religion" for the purposes of this Article, includes all |
| 8 | | aspects of
religious observance and practice, as well as |
| 9 | | belief. |
| 10 | | (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; |
| 11 | | 102-321, eff. 1-1-22.)
|
| 12 | | (Text of Section after amendment by P.A. 102-466)
|
| 13 | | Sec. 26-2a. A "truant" is defined as a child who is subject |
| 14 | | to compulsory school
attendance and who is absent without |
| 15 | | valid cause, as defined under this Section, from such |
| 16 | | attendance for more than 1% but less than 5% of the past 180 |
| 17 | | school days. |
| 18 | | "Valid cause" for absence shall be illness, including the |
| 19 | | mental or behavioral health of the student, attendance at a |
| 20 | | verified medical or therapeutic appointment, appointment with |
| 21 | | a victim services provider, observance of a religious
holiday, |
| 22 | | death in the immediate family,
or family emergency and shall |
| 23 | | include such other situations beyond the control
of the |
| 24 | | student, as determined by the board of education in each |
| 25 | | district,
or such other circumstances which cause reasonable |
|
| | HB5501 | - 1085 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | concern to the parent
for the mental, emotional, or physical |
| 2 | | health or safety of the student. For purposes of a student who |
| 3 | | is an expectant parent, or parent, or victim of domestic or |
| 4 | | sexual violence, "valid cause" for absence includes (i) the |
| 5 | | fulfillment of a parenting responsibility, including, but not |
| 6 | | limited to, arranging and providing child care, caring for a |
| 7 | | sick child, attending prenatal or other medical appointments |
| 8 | | for the expectant student, and attending medical appointments |
| 9 | | for a child, and (ii) addressing circumstances resulting from |
| 10 | | domestic or sexual violence, including, but not limited to, |
| 11 | | experiencing domestic or sexual violence, recovering from |
| 12 | | physical or psychological injuries, seeking medical attention, |
| 13 | | seeking services from a domestic or sexual violence |
| 14 | | organization, as defined in Article 26A, seeking psychological |
| 15 | | or other counseling, participating in safety planning, |
| 16 | | temporarily or permanently relocating, seeking legal |
| 17 | | assistance or remedies, or taking any other action to increase |
| 18 | | the safety or health of the student or to protect the student |
| 19 | | from future domestic or sexual violence. A school district may |
| 20 | | require a student to verify his or her claim of domestic or |
| 21 | | sexual violence under Section 26A-45 prior to the district |
| 22 | | approving a valid cause for an absence of 3 or more consecutive |
| 23 | | days that is related to domestic or sexual violence. |
| 24 | | "Chronic or habitual truant" shall be defined as a child |
| 25 | | who is subject to compulsory
school attendance and who is |
| 26 | | absent without valid cause from such attendance
for 5% or more |
|
| | HB5501 | - 1086 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the previous 180 regular attendance days. |
| 2 | | "Truant minor" is defined as a chronic truant to whom |
| 3 | | supportive
services, including prevention, diagnostic, |
| 4 | | intervention and remedial
services, alternative programs and |
| 5 | | other school and community resources
have been provided and |
| 6 | | have failed to result in the cessation of chronic
truancy, or |
| 7 | | have been offered and refused. |
| 8 | | A "dropout" is defined as any child enrolled in grades 9 |
| 9 | | through 12 whose
name has been removed from the district |
| 10 | | enrollment roster for any reason
other than the student's |
| 11 | | death, extended illness, removal for medical non-compliance, |
| 12 | | expulsion, aging out, graduation, or completion of a
program |
| 13 | | of studies and who has not transferred to another public or |
| 14 | | private school and is not known to be home-schooled by his or |
| 15 | | her parents or guardians or continuing school in another |
| 16 | | country. |
| 17 | | "Religion" for the purposes of this Article, includes all |
| 18 | | aspects of
religious observance and practice, as well as |
| 19 | | belief. |
| 20 | | (Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22; |
| 21 | | 102-321, eff. 1-1-22; 102-466, eff. 7-1-25; revised 9-23-21.)
|
| 22 | | (105 ILCS 5/26-13) (from Ch. 122, par. 26-13)
|
| 23 | | (Text of Section before amendment by P.A. 102-157)
|
| 24 | | Sec. 26-13. Absenteeism and truancy policies. School |
| 25 | | districts shall
adopt policies, consistent with rules adopted |
|
| | HB5501 | - 1087 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | by the State Board of
Education, which identify the |
| 2 | | appropriate supportive services and available
resources which |
| 3 | | are provided for truants and chronic truants.
|
| 4 | | (Source: P.A. 84-1420.)
|
| 5 | | (Text of Section after amendment by P.A. 102-157)
|
| 6 | | Sec. 26-13. Absenteeism and truancy policies. School |
| 7 | | districts shall
adopt policies, consistent with rules adopted |
| 8 | | by the State Board of
Education and Section 22-92 22-90, which |
| 9 | | identify the appropriate supportive services and available
|
| 10 | | resources which are provided for truants and chronic truants.
|
| 11 | | (Source: P.A. 102-157, eff. 7-1-22; revised 11-9-21.)
|
| 12 | | (105 ILCS 5/27-23.7) |
| 13 | | Sec. 27-23.7. Bullying prevention. |
| 14 | | (a) The General Assembly finds that a safe and civil |
| 15 | | school environment is necessary for students to learn and |
| 16 | | achieve and that bullying causes physical, psychological, and |
| 17 | | emotional harm to students and interferes with students' |
| 18 | | ability to learn and participate in school activities. The |
| 19 | | General Assembly further finds that bullying has been linked |
| 20 | | to other forms of antisocial behavior, such as vandalism, |
| 21 | | shoplifting, skipping and dropping out of school, fighting, |
| 22 | | using drugs and alcohol, sexual harassment, and sexual |
| 23 | | violence. Because of the negative outcomes associated with |
| 24 | | bullying in schools, the General Assembly finds that school |
|
| | HB5501 | - 1088 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | districts, charter schools, and non-public, non-sectarian |
| 2 | | elementary and secondary schools should educate students, |
| 3 | | parents, and school district, charter school, or non-public, |
| 4 | | non-sectarian elementary or secondary school personnel about |
| 5 | | what behaviors constitute prohibited bullying. |
| 6 | | Bullying on the basis of actual or perceived race, color, |
| 7 | | religion, sex, national origin, ancestry, age, marital status, |
| 8 | | physical or mental disability, military status, sexual |
| 9 | | orientation, gender-related identity or expression, |
| 10 | | unfavorable discharge from military service, association with |
| 11 | | a person or group with one or more of the aforementioned actual |
| 12 | | or perceived characteristics, or any other distinguishing |
| 13 | | characteristic is prohibited in all school districts, charter |
| 14 | | schools, and non-public, non-sectarian elementary and |
| 15 | | secondary schools.
No student shall be subjected to bullying: |
| 16 | | (1) during any school-sponsored education program or |
| 17 | | activity; |
| 18 | | (2) while in school, on school property, on school |
| 19 | | buses or other school vehicles, at designated school bus |
| 20 | | stops waiting for the school bus, or at school-sponsored |
| 21 | | or school-sanctioned events or activities; |
| 22 | | (3) through the transmission of information from a |
| 23 | | school computer, a school computer network, or other |
| 24 | | similar electronic school equipment; or |
| 25 | | (4) through the transmission of information from a |
| 26 | | computer that is accessed at a nonschool-related location, |
|
| | HB5501 | - 1089 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | activity, function, or program or from the use of |
| 2 | | technology or an electronic device that is not owned, |
| 3 | | leased, or used by a school district or school if the |
| 4 | | bullying causes a substantial disruption to the |
| 5 | | educational process or orderly operation of a school. This |
| 6 | | item (4) applies only in cases in which a school |
| 7 | | administrator or teacher receives a report that bullying |
| 8 | | through this means has occurred and does not require a |
| 9 | | district or school to staff or monitor any |
| 10 | | nonschool-related activity, function, or program. |
| 11 | | (a-5) Nothing in this Section is intended to infringe upon |
| 12 | | any right to exercise free expression or the free exercise of |
| 13 | | religion or religiously based views protected under the First |
| 14 | | Amendment to the United States Constitution or under Section 3 |
| 15 | | of Article I of the Illinois Constitution. |
| 16 | | (b) In this Section:
|
| 17 | | "Bullying" includes "cyber-bullying" and means any severe |
| 18 | | or pervasive physical or verbal act or conduct, including |
| 19 | | communications made in writing or electronically, directed |
| 20 | | toward a student or students that has or can be reasonably |
| 21 | | predicted to have the effect of one or more of the following: |
| 22 | | (1) placing the student or students in reasonable fear |
| 23 | | of harm to the student's or students' person or property; |
| 24 | | (2) causing a substantially detrimental effect on the |
| 25 | | student's or students' physical or mental health; |
| 26 | | (3) substantially interfering with the student's or |
|
| | HB5501 | - 1090 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | students' academic performance; or |
| 2 | | (4) substantially interfering with the student's or |
| 3 | | students' ability to participate in or benefit from the |
| 4 | | services, activities, or privileges provided by a school. |
| 5 | | Bullying, as defined in this subsection (b), may take |
| 6 | | various forms, including without limitation one or more of the |
| 7 | | following: harassment, threats, intimidation, stalking, |
| 8 | | physical violence, sexual harassment, sexual violence, theft, |
| 9 | | public humiliation, destruction of property, or retaliation |
| 10 | | for asserting or alleging an act of bullying. This list is |
| 11 | | meant to be illustrative and non-exhaustive. |
| 12 | | "Cyber-bullying" means bullying through the use of |
| 13 | | technology or any electronic communication, including without |
| 14 | | limitation any transfer of signs, signals, writing, images, |
| 15 | | sounds, data, or intelligence of any nature transmitted in |
| 16 | | whole or in part by a wire, radio, electromagnetic system, |
| 17 | | photoelectronic system, or photooptical system, including |
| 18 | | without limitation electronic mail, Internet communications, |
| 19 | | instant messages, or facsimile communications. |
| 20 | | "Cyber-bullying" includes the creation of a webpage or weblog |
| 21 | | in which the creator assumes the identity of another person or |
| 22 | | the knowing impersonation of another person as the author of |
| 23 | | posted content or messages if the creation or impersonation |
| 24 | | creates any of the effects enumerated in the definition of |
| 25 | | bullying in this Section. "Cyber-bullying" also includes the |
| 26 | | distribution by electronic means of a communication to more |
|
| | HB5501 | - 1091 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | than one person or the posting of material on an electronic |
| 2 | | medium that may be accessed by one or more persons if the |
| 3 | | distribution or posting creates any of the effects enumerated |
| 4 | | in the definition of bullying in this Section. |
| 5 | | "Policy on bullying" means a bullying prevention policy |
| 6 | | that meets the following criteria: |
| 7 | | (1) Includes the bullying definition provided in this |
| 8 | | Section. |
| 9 | | (2) Includes a statement that bullying is contrary to |
| 10 | | State law and the policy of the school district, charter |
| 11 | | school, or non-public, non-sectarian elementary or |
| 12 | | secondary school and is consistent with subsection (a-5) |
| 13 | | of this Section. |
| 14 | | (3) Includes procedures for promptly reporting |
| 15 | | bullying, including, but not limited to, identifying and |
| 16 | | providing the school e-mail address (if applicable) and |
| 17 | | school telephone number for the staff person or persons |
| 18 | | responsible for receiving such reports and a procedure for |
| 19 | | anonymous reporting; however, this shall not be construed |
| 20 | | to permit formal disciplinary action solely on the basis |
| 21 | | of an anonymous report. |
| 22 | | (4) Consistent with federal and State laws and rules |
| 23 | | governing student privacy rights, includes procedures for |
| 24 | | promptly informing parents or guardians of all students |
| 25 | | involved in the alleged incident of bullying and |
| 26 | | discussing, as appropriate, the availability of social |
|
| | HB5501 | - 1092 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | work services, counseling, school psychological services, |
| 2 | | other interventions, and restorative measures. |
| 3 | | (5) Contains procedures for promptly investigating and |
| 4 | | addressing reports of bullying, including the following: |
| 5 | | (A) Making all reasonable efforts to complete the |
| 6 | | investigation within 10 school days after the date the |
| 7 | | report of the incident of bullying was received and |
| 8 | | taking into consideration additional relevant |
| 9 | | information received during the course of the |
| 10 | | investigation about the reported incident of bullying. |
| 11 | | (B) Involving appropriate school support personnel |
| 12 | | and other staff persons with knowledge, experience, |
| 13 | | and training on bullying prevention, as deemed |
| 14 | | appropriate, in the investigation process. |
| 15 | | (C) Notifying the principal or school |
| 16 | | administrator or his or her designee of the report of |
| 17 | | the incident of bullying as soon as possible after the |
| 18 | | report is received. |
| 19 | | (D) Consistent with federal and State laws and |
| 20 | | rules governing student privacy rights, providing |
| 21 | | parents and guardians of the students who are parties |
| 22 | | to the investigation information about the |
| 23 | | investigation and an opportunity to meet with the |
| 24 | | principal or school administrator or his or her |
| 25 | | designee to discuss the investigation, the findings of |
| 26 | | the investigation, and the actions taken to address |
|
| | HB5501 | - 1093 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the reported incident of bullying. |
| 2 | | (6) Includes the interventions that can be taken to |
| 3 | | address bullying, which may include, but are not limited |
| 4 | | to, school social work services, restorative measures, |
| 5 | | social-emotional skill building, counseling, school |
| 6 | | psychological services, and community-based services. |
| 7 | | (7) Includes a statement prohibiting reprisal or |
| 8 | | retaliation against any person who reports an act of |
| 9 | | bullying and the consequences and appropriate remedial |
| 10 | | actions for a person who engages in reprisal or |
| 11 | | retaliation. |
| 12 | | (8) Includes consequences and appropriate remedial |
| 13 | | actions for a person found to have falsely accused another |
| 14 | | of bullying as a means of retaliation or as a means of |
| 15 | | bullying. |
| 16 | | (9) Is based on the engagement of a range of school |
| 17 | | stakeholders, including students and parents or guardians. |
| 18 | | (10) Is posted on the school district's, charter
|
| 19 | | school's, or non-public, non-sectarian elementary or
|
| 20 | | secondary school's existing Internet website, is
included |
| 21 | | in the student handbook, and, where applicable,
posted |
| 22 | | where other policies, rules, and standards of
conduct are |
| 23 | | currently posted in the school and provided periodically |
| 24 | | throughout the school year to students and faculty, and is
|
| 25 | | distributed annually to parents, guardians, students, and
|
| 26 | | school personnel, including new employees when hired. |
|
| | HB5501 | - 1094 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (11) As part of the process of reviewing and |
| 2 | | re-evaluating the policy under subsection (d) of this |
| 3 | | Section, contains a policy evaluation process to assess |
| 4 | | the outcomes and effectiveness of the policy that |
| 5 | | includes, but is not limited to, factors such as the |
| 6 | | frequency of victimization; student, staff, and family |
| 7 | | observations of safety at a school; identification of |
| 8 | | areas of a school where bullying occurs; the types of |
| 9 | | bullying utilized; and bystander intervention or |
| 10 | | participation. The school district, charter school, or |
| 11 | | non-public, non-sectarian elementary or secondary school |
| 12 | | may use relevant data and information it already collects |
| 13 | | for other purposes in the policy evaluation. The |
| 14 | | information developed as a result of the policy evaluation |
| 15 | | must be made available on the Internet website of the |
| 16 | | school district, charter school, or non-public, |
| 17 | | non-sectarian elementary or secondary school. If an |
| 18 | | Internet website is not available, the information must be |
| 19 | | provided to school administrators, school board members, |
| 20 | | school personnel, parents, guardians, and students. |
| 21 | | (12) Is consistent with the policies of the school |
| 22 | | board, charter school, or non-public, non-sectarian |
| 23 | | elementary or secondary school. |
| 24 | | "Restorative measures" means a continuum of school-based |
| 25 | | alternatives to exclusionary discipline, such as suspensions |
| 26 | | and expulsions, that: (i) are adapted to the particular needs |
|
| | HB5501 | - 1095 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the school and community, (ii) contribute to maintaining |
| 2 | | school safety, (iii) protect the integrity of a positive and |
| 3 | | productive learning climate, (iv) teach students the personal |
| 4 | | and interpersonal skills they will need to be successful in |
| 5 | | school and society, (v) serve to build and restore |
| 6 | | relationships among students, families, schools, and |
| 7 | | communities, (vi) reduce the likelihood of future disruption |
| 8 | | by balancing accountability with an understanding of students' |
| 9 | | behavioral health needs in order to keep students in school, |
| 10 | | and (vii) increase student accountability if the incident of |
| 11 | | bullying is based on religion, race, ethnicity, or any other |
| 12 | | category that is identified in the Illinois Human Rights Act. |
| 13 | | "School personnel" means persons employed by, on contract |
| 14 | | with, or who volunteer in a school district, charter school, |
| 15 | | or non-public, non-sectarian elementary or secondary school, |
| 16 | | including without limitation school and school district |
| 17 | | administrators, teachers, school social workers, school |
| 18 | | counselors, school psychologists, school nurses, cafeteria |
| 19 | | workers, custodians, bus drivers, school resource officers, |
| 20 | | and security guards. |
| 21 | | (c) (Blank).
|
| 22 | | (d) Each school district, charter school, and non-public, |
| 23 | | non-sectarian elementary or secondary school shall create, |
| 24 | | maintain, and implement a policy on bullying, which policy |
| 25 | | must be filed with the State Board of Education. The policy or |
| 26 | | implementing procedure shall include a process to investigate |
|
| | HB5501 | - 1096 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | whether a reported act of bullying is within the permissible |
| 2 | | scope of the district's or school's jurisdiction and shall |
| 3 | | require that the district or school provide the victim with |
| 4 | | information regarding services that are available within the |
| 5 | | district and community, such as counseling, support services, |
| 6 | | and other programs. School personnel available for help with a |
| 7 | | bully or to make a report about bullying shall be made known to |
| 8 | | parents or legal guardians, students, and school personnel. |
| 9 | | Every 2 years, each school district, charter school, and |
| 10 | | non-public, non-sectarian elementary or secondary school shall |
| 11 | | conduct a review and re-evaluation of its policy and make any |
| 12 | | necessary and appropriate revisions. The policy must be filed |
| 13 | | with the State Board of Education after being updated. The |
| 14 | | State Board of Education shall monitor and provide technical |
| 15 | | support for the implementation of policies created under this |
| 16 | | subsection (d). |
| 17 | | (e) This Section shall not be interpreted to prevent a |
| 18 | | victim from seeking redress under any other available civil or |
| 19 | | criminal law.
|
| 20 | | (Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21; |
| 21 | | revised 10-18-21.)
|
| 22 | | (105 ILCS 5/27-23.15) |
| 23 | | Sec. 27-23.15. Computer science. |
| 24 | | (a) In this Section, "computer science" means the study of |
| 25 | | computers and algorithms, including their principles, their |
|
| | HB5501 | - 1098 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 102-466) |
| 2 | | Sec. 27A-5. Charter school; legal entity; requirements.
|
| 3 | | (a) A charter school shall be a public, nonsectarian, |
| 4 | | nonreligious, non-home
based, and non-profit school. A charter |
| 5 | | school shall be organized and operated
as a nonprofit |
| 6 | | corporation or other discrete, legal, nonprofit entity
|
| 7 | | authorized under the laws of the State of Illinois.
|
| 8 | | (b) A charter school may be established under this Article |
| 9 | | by creating a new
school or by converting an existing public |
| 10 | | school or attendance center to
charter
school status.
|
| 11 | | Beginning on April 16, 2003 (the effective date of Public Act |
| 12 | | 93-3), in all new
applications to establish
a charter
school |
| 13 | | in a city having a population exceeding 500,000, operation of |
| 14 | | the
charter
school shall be limited to one campus. The changes |
| 15 | | made to this Section by Public Act 93-3 do not apply to charter |
| 16 | | schools existing or approved on or before April 16, 2003 (the
|
| 17 | | effective date of Public Act 93-3). |
| 18 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
| 19 | | a cyber school where students engage in online curriculum and |
| 20 | | instruction via the Internet and electronic communication with |
| 21 | | their teachers at remote locations and with students |
| 22 | | participating at different times. |
| 23 | | From April 1, 2013 through December 31, 2016, there is a |
| 24 | | moratorium on the establishment of charter schools with |
| 25 | | virtual-schooling components in school districts other than a |
| 26 | | school district organized under Article 34 of this Code. This |
|
| | HB5501 | - 1099 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | moratorium does not apply to a charter school with |
| 2 | | virtual-schooling components existing or approved prior to |
| 3 | | April 1, 2013 or to the renewal of the charter of a charter |
| 4 | | school with virtual-schooling components already approved |
| 5 | | prior to April 1, 2013.
|
| 6 | | (c) A charter school shall be administered and governed by |
| 7 | | its board of
directors or other governing body
in the manner |
| 8 | | provided in its charter. The governing body of a charter |
| 9 | | school
shall be subject to the Freedom of Information Act and |
| 10 | | the Open Meetings Act. No later than January 1, 2021 (one year |
| 11 | | after the effective date of Public Act 101-291), a charter |
| 12 | | school's board of directors or other governing body must |
| 13 | | include at least one parent or guardian of a pupil currently |
| 14 | | enrolled in the charter school who may be selected through the |
| 15 | | charter school or a charter network election, appointment by |
| 16 | | the charter school's board of directors or other governing |
| 17 | | body, or by the charter school's Parent Teacher Organization |
| 18 | | or its equivalent. |
| 19 | | (c-5) No later than January 1, 2021 (one year after the |
| 20 | | effective date of Public Act 101-291) or within the first year |
| 21 | | of his or her first term, every voting member of a charter |
| 22 | | school's board of directors or other governing body shall |
| 23 | | complete a minimum of 4 hours of professional development |
| 24 | | leadership training to ensure that each member has sufficient |
| 25 | | familiarity with the board's or governing body's role and |
| 26 | | responsibilities, including financial oversight and |
|
| | HB5501 | - 1100 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | accountability of the school, evaluating the principal's and |
| 2 | | school's performance, adherence to the Freedom of Information |
| 3 | | Act and the Open Meetings Act, and compliance with education |
| 4 | | and labor law. In each subsequent year of his or her term, a |
| 5 | | voting member of a charter school's board of directors or |
| 6 | | other governing body shall complete a minimum of 2 hours of |
| 7 | | professional development training in these same areas. The |
| 8 | | training under this subsection may be provided or certified by |
| 9 | | a statewide charter school membership association or may be |
| 10 | | provided or certified by other qualified providers approved by |
| 11 | | the State Board of Education.
|
| 12 | | (d) For purposes of this subsection (d), "non-curricular |
| 13 | | health and safety requirement" means any health and safety |
| 14 | | requirement created by statute or rule to provide, maintain, |
| 15 | | preserve, or safeguard safe or healthful conditions for |
| 16 | | students and school personnel or to eliminate, reduce, or |
| 17 | | prevent threats to the health and safety of students and |
| 18 | | school personnel. "Non-curricular health and safety |
| 19 | | requirement" does not include any course of study or |
| 20 | | specialized instructional requirement for which the State |
| 21 | | Board has established goals and learning standards or which is |
| 22 | | designed primarily to impart knowledge and skills for students |
| 23 | | to master and apply as an outcome of their education. |
| 24 | | A charter school shall comply with all non-curricular |
| 25 | | health and safety
requirements applicable to public schools |
| 26 | | under the laws of the State of
Illinois. On or before September |
|
| | HB5501 | - 1101 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 1, 2015, the State Board shall promulgate and post on its |
| 2 | | Internet website a list of non-curricular health and safety |
| 3 | | requirements that a charter school must meet. The list shall |
| 4 | | be updated annually no later than September 1. Any charter |
| 5 | | contract between a charter school and its authorizer must |
| 6 | | contain a provision that requires the charter school to follow |
| 7 | | the list of all non-curricular health and safety requirements |
| 8 | | promulgated by the State Board and any non-curricular health |
| 9 | | and safety requirements added by the State Board to such list |
| 10 | | during the term of the charter. Nothing in this subsection (d) |
| 11 | | precludes an authorizer from including non-curricular health |
| 12 | | and safety requirements in a charter school contract that are |
| 13 | | not contained in the list promulgated by the State Board, |
| 14 | | including non-curricular health and safety requirements of the |
| 15 | | authorizing local school board.
|
| 16 | | (e) Except as otherwise provided in the School Code, a |
| 17 | | charter school shall
not charge tuition; provided that a |
| 18 | | charter school may charge reasonable fees
for textbooks, |
| 19 | | instructional materials, and student activities.
|
| 20 | | (f) A charter school shall be responsible for the |
| 21 | | management and operation
of its fiscal affairs, including,
but |
| 22 | | not limited to, the preparation of its budget. An audit of each |
| 23 | | charter
school's finances shall be conducted annually by an |
| 24 | | outside, independent
contractor retained by the charter |
| 25 | | school. The contractor shall not be an employee of the charter |
| 26 | | school or affiliated with the charter school or its authorizer |
|
| | HB5501 | - 1102 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in any way, other than to audit the charter school's finances. |
| 2 | | To ensure financial accountability for the use of public |
| 3 | | funds, on or before December 1 of every year of operation, each |
| 4 | | charter school shall submit to its authorizer and the State |
| 5 | | Board a copy of its audit and a copy of the Form 990 the |
| 6 | | charter school filed that year with the federal Internal |
| 7 | | Revenue Service. In addition, if deemed necessary for proper |
| 8 | | financial oversight of the charter school, an authorizer may |
| 9 | | require quarterly financial statements from each charter |
| 10 | | school.
|
| 11 | | (g) A charter school shall comply with all provisions of |
| 12 | | this Article, the Illinois Educational Labor Relations Act, |
| 13 | | all federal and State laws and rules applicable to public |
| 14 | | schools that pertain to special education and the instruction |
| 15 | | of English learners, and
its charter. A charter
school is |
| 16 | | exempt from all other State laws and regulations in this Code
|
| 17 | | governing public
schools and local school board policies; |
| 18 | | however, a charter school is not exempt from the following:
|
| 19 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
| 20 | | regarding criminal
history records checks and checks of |
| 21 | | the Statewide Sex Offender Database and Statewide Murderer |
| 22 | | and Violent Offender Against Youth Database of applicants |
| 23 | | for employment;
|
| 24 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
| 25 | | 34-84a of this Code regarding discipline of
students;
|
| 26 | | (3) the Local Governmental and Governmental Employees |
|
| | HB5501 | - 1104 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (22) (20) Section 27-9.1b of this Code; and |
| 2 | | (23) (21) Section 34-18.8 of this Code; . |
| 3 | | (25) (19) Section 2-3.188 of this Code; and |
| 4 | | (26) (20) Section 22-85.5 of this Code. |
| 5 | | The change made by Public Act 96-104 to this subsection |
| 6 | | (g) is declaratory of existing law. |
| 7 | | (h) A charter school may negotiate and contract with a |
| 8 | | school district, the
governing body of a State college or |
| 9 | | university or public community college, or
any other public or |
| 10 | | for-profit or nonprofit private entity for: (i) the use
of a |
| 11 | | school building and grounds or any other real property or |
| 12 | | facilities that
the charter school desires to use or convert |
| 13 | | for use as a charter school site,
(ii) the operation and |
| 14 | | maintenance thereof, and
(iii) the provision of any service, |
| 15 | | activity, or undertaking that the charter
school is required |
| 16 | | to perform in order to carry out the terms of its charter.
|
| 17 | | However, a charter school
that is established on
or
after |
| 18 | | April 16, 2003 (the effective date of Public Act 93-3) and that |
| 19 | | operates
in a city having a population exceeding
500,000 may |
| 20 | | not contract with a for-profit entity to
manage or operate the |
| 21 | | school during the period that commences on April 16, 2003 (the
|
| 22 | | effective date of Public Act 93-3) and
concludes at the end of |
| 23 | | the 2004-2005 school year.
Except as provided in subsection |
| 24 | | (i) of this Section, a school district may
charge a charter |
| 25 | | school reasonable rent for the use of the district's
|
| 26 | | buildings, grounds, and facilities. Any services for which a |
|
| | HB5501 | - 1105 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | charter school
contracts
with a school district shall be |
| 2 | | provided by the district at cost. Any services
for which a |
| 3 | | charter school contracts with a local school board or with the
|
| 4 | | governing body of a State college or university or public |
| 5 | | community college
shall be provided by the public entity at |
| 6 | | cost.
|
| 7 | | (i) In no event shall a charter school that is established |
| 8 | | by converting an
existing school or attendance center to |
| 9 | | charter school status be required to
pay rent for space
that is |
| 10 | | deemed available, as negotiated and provided in the charter |
| 11 | | agreement,
in school district
facilities. However, all other |
| 12 | | costs for the operation and maintenance of
school district |
| 13 | | facilities that are used by the charter school shall be |
| 14 | | subject
to negotiation between
the charter school and the |
| 15 | | local school board and shall be set forth in the
charter.
|
| 16 | | (j) A charter school may limit student enrollment by age |
| 17 | | or grade level.
|
| 18 | | (k) If the charter school is approved by the State Board or |
| 19 | | Commission, then the charter school is its own local education |
| 20 | | agency. |
| 21 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; |
| 22 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. |
| 23 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360, |
| 24 | | eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; |
| 25 | | 102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised |
| 26 | | 12-21-21.)
|
|
| | HB5501 | - 1106 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Text of Section after amendment by P.A. 102-157 but |
| 2 | | before amendment by P.A. 102-466)
|
| 3 | | Sec. 27A-5. Charter school; legal entity; requirements.
|
| 4 | | (a) A charter school shall be a public, nonsectarian, |
| 5 | | nonreligious, non-home
based, and non-profit school. A charter |
| 6 | | school shall be organized and operated
as a nonprofit |
| 7 | | corporation or other discrete, legal, nonprofit entity
|
| 8 | | authorized under the laws of the State of Illinois.
|
| 9 | | (b) A charter school may be established under this Article |
| 10 | | by creating a new
school or by converting an existing public |
| 11 | | school or attendance center to
charter
school status.
|
| 12 | | Beginning on April 16, 2003 (the effective date of Public Act |
| 13 | | 93-3), in all new
applications to establish
a charter
school |
| 14 | | in a city having a population exceeding 500,000, operation of |
| 15 | | the
charter
school shall be limited to one campus. The changes |
| 16 | | made to this Section by Public Act 93-3 do not apply to charter |
| 17 | | schools existing or approved on or before April 16, 2003 (the
|
| 18 | | effective date of Public Act 93-3). |
| 19 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
| 20 | | a cyber school where students engage in online curriculum and |
| 21 | | instruction via the Internet and electronic communication with |
| 22 | | their teachers at remote locations and with students |
| 23 | | participating at different times. |
| 24 | | From April 1, 2013 through December 31, 2016, there is a |
| 25 | | moratorium on the establishment of charter schools with |
|
| | HB5501 | - 1107 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | virtual-schooling components in school districts other than a |
| 2 | | school district organized under Article 34 of this Code. This |
| 3 | | moratorium does not apply to a charter school with |
| 4 | | virtual-schooling components existing or approved prior to |
| 5 | | April 1, 2013 or to the renewal of the charter of a charter |
| 6 | | school with virtual-schooling components already approved |
| 7 | | prior to April 1, 2013.
|
| 8 | | (c) A charter school shall be administered and governed by |
| 9 | | its board of
directors or other governing body
in the manner |
| 10 | | provided in its charter. The governing body of a charter |
| 11 | | school
shall be subject to the Freedom of Information Act and |
| 12 | | the Open Meetings Act. No later than January 1, 2021 (one year |
| 13 | | after the effective date of Public Act 101-291), a charter |
| 14 | | school's board of directors or other governing body must |
| 15 | | include at least one parent or guardian of a pupil currently |
| 16 | | enrolled in the charter school who may be selected through the |
| 17 | | charter school or a charter network election, appointment by |
| 18 | | the charter school's board of directors or other governing |
| 19 | | body, or by the charter school's Parent Teacher Organization |
| 20 | | or its equivalent. |
| 21 | | (c-5) No later than January 1, 2021 (one year after the |
| 22 | | effective date of Public Act 101-291) or within the first year |
| 23 | | of his or her first term, every voting member of a charter |
| 24 | | school's board of directors or other governing body shall |
| 25 | | complete a minimum of 4 hours of professional development |
| 26 | | leadership training to ensure that each member has sufficient |
|
| | HB5501 | - 1108 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | familiarity with the board's or governing body's role and |
| 2 | | responsibilities, including financial oversight and |
| 3 | | accountability of the school, evaluating the principal's and |
| 4 | | school's performance, adherence to the Freedom of Information |
| 5 | | Act and the Open Meetings Act, and compliance with education |
| 6 | | and labor law. In each subsequent year of his or her term, a |
| 7 | | voting member of a charter school's board of directors or |
| 8 | | other governing body shall complete a minimum of 2 hours of |
| 9 | | professional development training in these same areas. The |
| 10 | | training under this subsection may be provided or certified by |
| 11 | | a statewide charter school membership association or may be |
| 12 | | provided or certified by other qualified providers approved by |
| 13 | | the State Board of Education.
|
| 14 | | (d) For purposes of this subsection (d), "non-curricular |
| 15 | | health and safety requirement" means any health and safety |
| 16 | | requirement created by statute or rule to provide, maintain, |
| 17 | | preserve, or safeguard safe or healthful conditions for |
| 18 | | students and school personnel or to eliminate, reduce, or |
| 19 | | prevent threats to the health and safety of students and |
| 20 | | school personnel. "Non-curricular health and safety |
| 21 | | requirement" does not include any course of study or |
| 22 | | specialized instructional requirement for which the State |
| 23 | | Board has established goals and learning standards or which is |
| 24 | | designed primarily to impart knowledge and skills for students |
| 25 | | to master and apply as an outcome of their education. |
| 26 | | A charter school shall comply with all non-curricular |
|
| | HB5501 | - 1109 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | health and safety
requirements applicable to public schools |
| 2 | | under the laws of the State of
Illinois. On or before September |
| 3 | | 1, 2015, the State Board shall promulgate and post on its |
| 4 | | Internet website a list of non-curricular health and safety |
| 5 | | requirements that a charter school must meet. The list shall |
| 6 | | be updated annually no later than September 1. Any charter |
| 7 | | contract between a charter school and its authorizer must |
| 8 | | contain a provision that requires the charter school to follow |
| 9 | | the list of all non-curricular health and safety requirements |
| 10 | | promulgated by the State Board and any non-curricular health |
| 11 | | and safety requirements added by the State Board to such list |
| 12 | | during the term of the charter. Nothing in this subsection (d) |
| 13 | | precludes an authorizer from including non-curricular health |
| 14 | | and safety requirements in a charter school contract that are |
| 15 | | not contained in the list promulgated by the State Board, |
| 16 | | including non-curricular health and safety requirements of the |
| 17 | | authorizing local school board.
|
| 18 | | (e) Except as otherwise provided in the School Code, a |
| 19 | | charter school shall
not charge tuition; provided that a |
| 20 | | charter school may charge reasonable fees
for textbooks, |
| 21 | | instructional materials, and student activities.
|
| 22 | | (f) A charter school shall be responsible for the |
| 23 | | management and operation
of its fiscal affairs, including,
but |
| 24 | | not limited to, the preparation of its budget. An audit of each |
| 25 | | charter
school's finances shall be conducted annually by an |
| 26 | | outside, independent
contractor retained by the charter |
|
| | HB5501 | - 1110 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | school. The contractor shall not be an employee of the charter |
| 2 | | school or affiliated with the charter school or its authorizer |
| 3 | | in any way, other than to audit the charter school's finances. |
| 4 | | To ensure financial accountability for the use of public |
| 5 | | funds, on or before December 1 of every year of operation, each |
| 6 | | charter school shall submit to its authorizer and the State |
| 7 | | Board a copy of its audit and a copy of the Form 990 the |
| 8 | | charter school filed that year with the federal Internal |
| 9 | | Revenue Service. In addition, if deemed necessary for proper |
| 10 | | financial oversight of the charter school, an authorizer may |
| 11 | | require quarterly financial statements from each charter |
| 12 | | school.
|
| 13 | | (g) A charter school shall comply with all provisions of |
| 14 | | this Article, the Illinois Educational Labor Relations Act, |
| 15 | | all federal and State laws and rules applicable to public |
| 16 | | schools that pertain to special education and the instruction |
| 17 | | of English learners, and
its charter. A charter
school is |
| 18 | | exempt from all other State laws and regulations in this Code
|
| 19 | | governing public
schools and local school board policies; |
| 20 | | however, a charter school is not exempt from the following:
|
| 21 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
| 22 | | regarding criminal
history records checks and checks of |
| 23 | | the Statewide Sex Offender Database and Statewide Murderer |
| 24 | | and Violent Offender Against Youth Database of applicants |
| 25 | | for employment;
|
| 26 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
|
| | HB5501 | - 1112 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (20) (19) Section 10-22.25b of this Code; . |
| 2 | | (21) (19) Section 27-9.1a of this Code; |
| 3 | | (22) (20) Section 27-9.1b of this Code; and |
| 4 | | (23) (21) Section 34-18.8 of this Code; . |
| 5 | | (25) (19) Section 2-3.188 of this Code; and |
| 6 | | (26) (20) Section 22-85.5 of this Code. |
| 7 | | The change made by Public Act 96-104 to this subsection |
| 8 | | (g) is declaratory of existing law. |
| 9 | | (h) A charter school may negotiate and contract with a |
| 10 | | school district, the
governing body of a State college or |
| 11 | | university or public community college, or
any other public or |
| 12 | | for-profit or nonprofit private entity for: (i) the use
of a |
| 13 | | school building and grounds or any other real property or |
| 14 | | facilities that
the charter school desires to use or convert |
| 15 | | for use as a charter school site,
(ii) the operation and |
| 16 | | maintenance thereof, and
(iii) the provision of any service, |
| 17 | | activity, or undertaking that the charter
school is required |
| 18 | | to perform in order to carry out the terms of its charter.
|
| 19 | | However, a charter school
that is established on
or
after |
| 20 | | April 16, 2003 (the effective date of Public Act 93-3) and that |
| 21 | | operates
in a city having a population exceeding
500,000 may |
| 22 | | not contract with a for-profit entity to
manage or operate the |
| 23 | | school during the period that commences on April 16, 2003 (the
|
| 24 | | effective date of Public Act 93-3) and
concludes at the end of |
| 25 | | the 2004-2005 school year.
Except as provided in subsection |
| 26 | | (i) of this Section, a school district may
charge a charter |
|
| | HB5501 | - 1113 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | school reasonable rent for the use of the district's
|
| 2 | | buildings, grounds, and facilities. Any services for which a |
| 3 | | charter school
contracts
with a school district shall be |
| 4 | | provided by the district at cost. Any services
for which a |
| 5 | | charter school contracts with a local school board or with the
|
| 6 | | governing body of a State college or university or public |
| 7 | | community college
shall be provided by the public entity at |
| 8 | | cost.
|
| 9 | | (i) In no event shall a charter school that is established |
| 10 | | by converting an
existing school or attendance center to |
| 11 | | charter school status be required to
pay rent for space
that is |
| 12 | | deemed available, as negotiated and provided in the charter |
| 13 | | agreement,
in school district
facilities. However, all other |
| 14 | | costs for the operation and maintenance of
school district |
| 15 | | facilities that are used by the charter school shall be |
| 16 | | subject
to negotiation between
the charter school and the |
| 17 | | local school board and shall be set forth in the
charter.
|
| 18 | | (j) A charter school may limit student enrollment by age |
| 19 | | or grade level.
|
| 20 | | (k) If the charter school is approved by the State Board or |
| 21 | | Commission, then the charter school is its own local education |
| 22 | | agency. |
| 23 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; |
| 24 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. |
| 25 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, |
| 26 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; |
|
| | HB5501 | - 1114 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff. |
| 2 | | 12-3-21; revised 12-21-21.)
|
| 3 | | (Text of Section after amendment by P.A. 102-466) |
| 4 | | Sec. 27A-5. Charter school; legal entity; requirements.
|
| 5 | | (a) A charter school shall be a public, nonsectarian, |
| 6 | | nonreligious, non-home
based, and non-profit school. A charter |
| 7 | | school shall be organized and operated
as a nonprofit |
| 8 | | corporation or other discrete, legal, nonprofit entity
|
| 9 | | authorized under the laws of the State of Illinois.
|
| 10 | | (b) A charter school may be established under this Article |
| 11 | | by creating a new
school or by converting an existing public |
| 12 | | school or attendance center to
charter
school status.
|
| 13 | | Beginning on April 16, 2003 (the effective date of Public Act |
| 14 | | 93-3), in all new
applications to establish
a charter
school |
| 15 | | in a city having a population exceeding 500,000, operation of |
| 16 | | the
charter
school shall be limited to one campus. The changes |
| 17 | | made to this Section by Public Act 93-3 do not apply to charter |
| 18 | | schools existing or approved on or before April 16, 2003 (the
|
| 19 | | effective date of Public Act 93-3). |
| 20 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
| 21 | | a cyber school where students engage in online curriculum and |
| 22 | | instruction via the Internet and electronic communication with |
| 23 | | their teachers at remote locations and with students |
| 24 | | participating at different times. |
| 25 | | From April 1, 2013 through December 31, 2016, there is a |
|
| | HB5501 | - 1115 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | moratorium on the establishment of charter schools with |
| 2 | | virtual-schooling components in school districts other than a |
| 3 | | school district organized under Article 34 of this Code. This |
| 4 | | moratorium does not apply to a charter school with |
| 5 | | virtual-schooling components existing or approved prior to |
| 6 | | April 1, 2013 or to the renewal of the charter of a charter |
| 7 | | school with virtual-schooling components already approved |
| 8 | | prior to April 1, 2013.
|
| 9 | | (c) A charter school shall be administered and governed by |
| 10 | | its board of
directors or other governing body
in the manner |
| 11 | | provided in its charter. The governing body of a charter |
| 12 | | school
shall be subject to the Freedom of Information Act and |
| 13 | | the Open Meetings Act. No later than January 1, 2021 (one year |
| 14 | | after the effective date of Public Act 101-291), a charter |
| 15 | | school's board of directors or other governing body must |
| 16 | | include at least one parent or guardian of a pupil currently |
| 17 | | enrolled in the charter school who may be selected through the |
| 18 | | charter school or a charter network election, appointment by |
| 19 | | the charter school's board of directors or other governing |
| 20 | | body, or by the charter school's Parent Teacher Organization |
| 21 | | or its equivalent. |
| 22 | | (c-5) No later than January 1, 2021 (one year after the |
| 23 | | effective date of Public Act 101-291) or within the first year |
| 24 | | of his or her first term, every voting member of a charter |
| 25 | | school's board of directors or other governing body shall |
| 26 | | complete a minimum of 4 hours of professional development |
|
| | HB5501 | - 1116 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | leadership training to ensure that each member has sufficient |
| 2 | | familiarity with the board's or governing body's role and |
| 3 | | responsibilities, including financial oversight and |
| 4 | | accountability of the school, evaluating the principal's and |
| 5 | | school's performance, adherence to the Freedom of Information |
| 6 | | Act and the Open Meetings Act, and compliance with education |
| 7 | | and labor law. In each subsequent year of his or her term, a |
| 8 | | voting member of a charter school's board of directors or |
| 9 | | other governing body shall complete a minimum of 2 hours of |
| 10 | | professional development training in these same areas. The |
| 11 | | training under this subsection may be provided or certified by |
| 12 | | a statewide charter school membership association or may be |
| 13 | | provided or certified by other qualified providers approved by |
| 14 | | the State Board of Education.
|
| 15 | | (d) For purposes of this subsection (d), "non-curricular |
| 16 | | health and safety requirement" means any health and safety |
| 17 | | requirement created by statute or rule to provide, maintain, |
| 18 | | preserve, or safeguard safe or healthful conditions for |
| 19 | | students and school personnel or to eliminate, reduce, or |
| 20 | | prevent threats to the health and safety of students and |
| 21 | | school personnel. "Non-curricular health and safety |
| 22 | | requirement" does not include any course of study or |
| 23 | | specialized instructional requirement for which the State |
| 24 | | Board has established goals and learning standards or which is |
| 25 | | designed primarily to impart knowledge and skills for students |
| 26 | | to master and apply as an outcome of their education. |
|
| | HB5501 | - 1117 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | A charter school shall comply with all non-curricular |
| 2 | | health and safety
requirements applicable to public schools |
| 3 | | under the laws of the State of
Illinois. On or before September |
| 4 | | 1, 2015, the State Board shall promulgate and post on its |
| 5 | | Internet website a list of non-curricular health and safety |
| 6 | | requirements that a charter school must meet. The list shall |
| 7 | | be updated annually no later than September 1. Any charter |
| 8 | | contract between a charter school and its authorizer must |
| 9 | | contain a provision that requires the charter school to follow |
| 10 | | the list of all non-curricular health and safety requirements |
| 11 | | promulgated by the State Board and any non-curricular health |
| 12 | | and safety requirements added by the State Board to such list |
| 13 | | during the term of the charter. Nothing in this subsection (d) |
| 14 | | precludes an authorizer from including non-curricular health |
| 15 | | and safety requirements in a charter school contract that are |
| 16 | | not contained in the list promulgated by the State Board, |
| 17 | | including non-curricular health and safety requirements of the |
| 18 | | authorizing local school board.
|
| 19 | | (e) Except as otherwise provided in the School Code, a |
| 20 | | charter school shall
not charge tuition; provided that a |
| 21 | | charter school may charge reasonable fees
for textbooks, |
| 22 | | instructional materials, and student activities.
|
| 23 | | (f) A charter school shall be responsible for the |
| 24 | | management and operation
of its fiscal affairs, including,
but |
| 25 | | not limited to, the preparation of its budget. An audit of each |
| 26 | | charter
school's finances shall be conducted annually by an |
|
| | HB5501 | - 1118 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | outside, independent
contractor retained by the charter |
| 2 | | school. The contractor shall not be an employee of the charter |
| 3 | | school or affiliated with the charter school or its authorizer |
| 4 | | in any way, other than to audit the charter school's finances. |
| 5 | | To ensure financial accountability for the use of public |
| 6 | | funds, on or before December 1 of every year of operation, each |
| 7 | | charter school shall submit to its authorizer and the State |
| 8 | | Board a copy of its audit and a copy of the Form 990 the |
| 9 | | charter school filed that year with the federal Internal |
| 10 | | Revenue Service. In addition, if deemed necessary for proper |
| 11 | | financial oversight of the charter school, an authorizer may |
| 12 | | require quarterly financial statements from each charter |
| 13 | | school.
|
| 14 | | (g) A charter school shall comply with all provisions of |
| 15 | | this Article, the Illinois Educational Labor Relations Act, |
| 16 | | all federal and State laws and rules applicable to public |
| 17 | | schools that pertain to special education and the instruction |
| 18 | | of English learners, and
its charter. A charter
school is |
| 19 | | exempt from all other State laws and regulations in this Code
|
| 20 | | governing public
schools and local school board policies; |
| 21 | | however, a charter school is not exempt from the following:
|
| 22 | | (1) Sections 10-21.9 and 34-18.5 of this Code |
| 23 | | regarding criminal
history records checks and checks of |
| 24 | | the Statewide Sex Offender Database and Statewide Murderer |
| 25 | | and Violent Offender Against Youth Database of applicants |
| 26 | | for employment;
|
|
| | HB5501 | - 1119 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
| 2 | | 34-84a of this Code regarding discipline of
students;
|
| 3 | | (3) the Local Governmental and Governmental Employees |
| 4 | | Tort Immunity Act;
|
| 5 | | (4) Section 108.75 of the General Not For Profit |
| 6 | | Corporation Act of 1986
regarding indemnification of |
| 7 | | officers, directors, employees, and agents;
|
| 8 | | (5) the Abused and Neglected Child Reporting Act;
|
| 9 | | (5.5) subsection (b) of Section 10-23.12 and |
| 10 | | subsection (b) of Section 34-18.6 of this Code; |
| 11 | | (6) the Illinois School Student Records Act;
|
| 12 | | (7) Section 10-17a of this Code regarding school |
| 13 | | report cards;
|
| 14 | | (8) the P-20 Longitudinal Education Data System Act; |
| 15 | | (9) Section 27-23.7 of this Code regarding bullying |
| 16 | | prevention; |
| 17 | | (10) Section 2-3.162 of this Code regarding student |
| 18 | | discipline reporting; |
| 19 | | (11) Sections 22-80 and 27-8.1 of this Code; |
| 20 | | (12) Sections 10-20.60 and 34-18.53 of this Code; |
| 21 | | (13) Sections 10-20.63 and 34-18.56 of this Code; |
| 22 | | (14) Sections 22-90 and 26-18 of this Code; |
| 23 | | (15) Section 22-30 of this Code; |
| 24 | | (16) Sections 24-12 and 34-85 of this Code; and |
| 25 | | (17) the Seizure Smart School Act; |
| 26 | | (18) Section 2-3.64a-10 of this Code; and |
|
| | HB5501 | - 1120 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (19) (18) Sections 10-20.73 and 34-21.9 of this Code; . |
| 2 | | (20) (19) Section 10-22.25b of this Code; . |
| 3 | | (21) (19) Section 27-9.1a of this Code; |
| 4 | | (22) (20) Section 27-9.1b of this Code; and |
| 5 | | (23) (21) Section 34-18.8 of this Code; . |
| 6 | | (24) (19) Article 26A of this Code; . |
| 7 | | (25) (19) Section 2-3.188 of this Code; and |
| 8 | | (26) (20) Section 22-85.5 of this Code. |
| 9 | | The change made by Public Act 96-104 to this subsection |
| 10 | | (g) is declaratory of existing law. |
| 11 | | (h) A charter school may negotiate and contract with a |
| 12 | | school district, the
governing body of a State college or |
| 13 | | university or public community college, or
any other public or |
| 14 | | for-profit or nonprofit private entity for: (i) the use
of a |
| 15 | | school building and grounds or any other real property or |
| 16 | | facilities that
the charter school desires to use or convert |
| 17 | | for use as a charter school site,
(ii) the operation and |
| 18 | | maintenance thereof, and
(iii) the provision of any service, |
| 19 | | activity, or undertaking that the charter
school is required |
| 20 | | to perform in order to carry out the terms of its charter.
|
| 21 | | However, a charter school
that is established on
or
after |
| 22 | | April 16, 2003 (the effective date of Public Act 93-3) and that |
| 23 | | operates
in a city having a population exceeding
500,000 may |
| 24 | | not contract with a for-profit entity to
manage or operate the |
| 25 | | school during the period that commences on April 16, 2003 (the
|
| 26 | | effective date of Public Act 93-3) and
concludes at the end of |
|
| | HB5501 | - 1121 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the 2004-2005 school year.
Except as provided in subsection |
| 2 | | (i) of this Section, a school district may
charge a charter |
| 3 | | school reasonable rent for the use of the district's
|
| 4 | | buildings, grounds, and facilities. Any services for which a |
| 5 | | charter school
contracts
with a school district shall be |
| 6 | | provided by the district at cost. Any services
for which a |
| 7 | | charter school contracts with a local school board or with the
|
| 8 | | governing body of a State college or university or public |
| 9 | | community college
shall be provided by the public entity at |
| 10 | | cost.
|
| 11 | | (i) In no event shall a charter school that is established |
| 12 | | by converting an
existing school or attendance center to |
| 13 | | charter school status be required to
pay rent for space
that is |
| 14 | | deemed available, as negotiated and provided in the charter |
| 15 | | agreement,
in school district
facilities. However, all other |
| 16 | | costs for the operation and maintenance of
school district |
| 17 | | facilities that are used by the charter school shall be |
| 18 | | subject
to negotiation between
the charter school and the |
| 19 | | local school board and shall be set forth in the
charter.
|
| 20 | | (j) A charter school may limit student enrollment by age |
| 21 | | or grade level.
|
| 22 | | (k) If the charter school is approved by the State Board or |
| 23 | | Commission, then the charter school is its own local education |
| 24 | | agency. |
| 25 | | (Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; |
| 26 | | 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. |
|
| | HB5501 | - 1122 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, |
| 2 | | eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; |
| 3 | | 102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. |
| 4 | | 8-20-21; 102-676, eff. 12-3-21; revised 12-21-21.)
|
| 5 | | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) |
| 6 | | Sec. 29-5. Reimbursement by State for transportation. Any |
| 7 | | school
district, maintaining a school, transporting resident |
| 8 | | pupils to another
school district's vocational program, |
| 9 | | offered through a joint agreement
approved by the State Board |
| 10 | | of Education, as provided in Section
10-22.22 or transporting |
| 11 | | its resident pupils to a school which meets the
standards for |
| 12 | | recognition as established by the State Board of Education
|
| 13 | | which provides transportation meeting the standards of safety, |
| 14 | | comfort,
convenience, efficiency and operation prescribed by |
| 15 | | the State Board of
Education for resident pupils in |
| 16 | | kindergarten or any of grades 1 through
12 who: (a) reside at |
| 17 | | least 1 1/2 miles as measured by the customary route of
travel, |
| 18 | | from the school attended; or (b) reside in areas where |
| 19 | | conditions are
such that walking constitutes a hazard to the |
| 20 | | safety of the child when
determined under Section 29-3; and |
| 21 | | (c) are transported to the school attended
from pick-up points |
| 22 | | at the beginning of the school day and back again at the
close |
| 23 | | of the school day or transported to and from their assigned |
| 24 | | attendance
centers during the school day, shall be reimbursed |
| 25 | | by the State as hereinafter
provided in this Section.
|
|
| | HB5501 | - 1123 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The State will pay the prorated allowable cost of |
| 2 | | transporting eligible pupils less the real equalized assessed |
| 3 | | valuation as computed under paragraph (3) of subsection (d) of |
| 4 | | Section 18-8.15 in a dual school district maintaining |
| 5 | | secondary
grades 9 to 12 inclusive times a qualifying rate of |
| 6 | | .05%; in elementary
school districts maintaining grades K to 8 |
| 7 | | times a qualifying rate of
.06%; and in unit districts |
| 8 | | maintaining grades K to 12, including partial elementary unit |
| 9 | | districts formed pursuant to Article 11E, times a qualifying
|
| 10 | | rate of .07%. To be eligible to receive reimbursement in |
| 11 | | excess of 4/5
of the cost to transport eligible pupils, a |
| 12 | | school district or partial elementary unit district formed |
| 13 | | pursuant to Article 11E shall have a
Transportation Fund tax |
| 14 | | rate of at least .12%. The Transportation Fund tax rate for a |
| 15 | | partial elementary unit district formed pursuant Article 11E |
| 16 | | shall be the combined elementary and high school rates |
| 17 | | pursuant to paragraph (4) of subsection (a) of Section |
| 18 | | 18-8.15. If a school district or partial elementary unit |
| 19 | | district formed pursuant to Article 11E
does not have a .12% |
| 20 | | Transportation Fund tax rate, the amount of its
claim in |
| 21 | | excess of 4/5 of the cost of transporting pupils shall be
|
| 22 | | reduced by the sum arrived at by subtracting the |
| 23 | | Transportation Fund tax
rate from .12% and multiplying that |
| 24 | | amount by the district's real equalized assessed valuation as |
| 25 | | computed under paragraph (3) of subsection (d) of Section |
| 26 | | 18-8.15, provided that in no case shall said reduction
result |
|
| | HB5501 | - 1124 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in reimbursement of less than 4/5 of the cost to transport
|
| 2 | | eligible pupils.
|
| 3 | | The minimum amount to be received by a district is $16 |
| 4 | | times the
number of eligible pupils transported.
|
| 5 | | When calculating the reimbursement for transportation |
| 6 | | costs, the State Board of Education may not deduct the number |
| 7 | | of pupils enrolled in early education programs from the number |
| 8 | | of pupils eligible for reimbursement if the pupils enrolled in |
| 9 | | the early education programs are transported at the same time |
| 10 | | as other eligible pupils.
|
| 11 | | Any such district transporting resident pupils during the |
| 12 | | school day
to an area vocational school or another school |
| 13 | | district's vocational
program more than 1 1/2 miles from the |
| 14 | | school attended, as provided in
Sections 10-22.20a and |
| 15 | | 10-22.22, shall be reimbursed by the State for 4/5
of the cost |
| 16 | | of transporting eligible pupils.
|
| 17 | | School day means that period of time during which the |
| 18 | | pupil is required to be
in attendance for instructional |
| 19 | | purposes.
|
| 20 | | If a pupil is at a location within the school district |
| 21 | | other than his
residence for child care purposes at the time |
| 22 | | for transportation to school,
that location may be considered |
| 23 | | for purposes of determining the 1 1/2 miles
from the school |
| 24 | | attended.
|
| 25 | | Claims for reimbursement that include children who attend |
| 26 | | any school
other than a public school shall show the number of |
|
| | HB5501 | - 1125 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | such children
transported.
|
| 2 | | Claims for reimbursement under this Section shall not be |
| 3 | | paid for the
transportation of pupils for whom transportation |
| 4 | | costs are claimed for
payment under other Sections of this |
| 5 | | Act.
|
| 6 | | The allowable direct cost of transporting pupils for |
| 7 | | regular, vocational,
and special education pupil |
| 8 | | transportation shall be limited to the sum of
the cost of |
| 9 | | physical examinations required for employment as a school bus
|
| 10 | | driver; the salaries of full-time or part-time drivers and |
| 11 | | school bus maintenance
personnel; employee benefits excluding |
| 12 | | Illinois municipal retirement
payments, social security |
| 13 | | payments, unemployment insurance payments and
workers' |
| 14 | | compensation insurance premiums; expenditures to independent
|
| 15 | | carriers who operate school buses; payments to other school |
| 16 | | districts for
pupil transportation services; pre-approved |
| 17 | | contractual expenditures for
computerized bus scheduling; |
| 18 | | expenditures for housing assistance and homeless prevention |
| 19 | | under Sections 1-17 and 1-18 of the Education for Homeless |
| 20 | | Children Act that are not in excess of the school district's |
| 21 | | actual costs for providing transportation services and are not |
| 22 | | otherwise claimed in another State or federal grant that |
| 23 | | permits those costs to a parent, a legal guardian, any other |
| 24 | | person who enrolled a pupil, or a homeless assistance agency |
| 25 | | that is part of the federal McKinney-Vento Homeless Assistance |
| 26 | | Act's continuum of care for the area in which the district is |
|
| | HB5501 | - 1126 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | located; the cost of gasoline, oil, tires, and other
supplies |
| 2 | | necessary for the operation of school buses; the cost of
|
| 3 | | converting buses' gasoline engines to more fuel efficient |
| 4 | | engines or to
engines which use alternative energy sources; |
| 5 | | the cost of travel to
meetings and workshops conducted by the |
| 6 | | regional superintendent or the
State Superintendent of |
| 7 | | Education pursuant to the standards established by
the |
| 8 | | Secretary of State under Section 6-106 of the Illinois Vehicle |
| 9 | | Code to improve the driving skills of
school bus drivers; the |
| 10 | | cost of maintenance of school buses including parts
and |
| 11 | | materials used; expenditures for leasing transportation |
| 12 | | vehicles,
except interest and service charges; the cost of |
| 13 | | insurance and licenses for
transportation vehicles; |
| 14 | | expenditures for the rental of transportation
equipment; plus |
| 15 | | a depreciation allowance of 20% for 5 years for school
buses |
| 16 | | and vehicles approved for transporting pupils to and from |
| 17 | | school and
a depreciation allowance of 10% for 10 years for |
| 18 | | other transportation
equipment so used.
Each school year, if a |
| 19 | | school district has made expenditures to the
Regional |
| 20 | | Transportation Authority or any of its service boards, a mass
|
| 21 | | transit district, or an urban transportation district under an
|
| 22 | | intergovernmental agreement with the district to provide for |
| 23 | | the
transportation of pupils and if the public transit carrier |
| 24 | | received direct
payment for services or passes from a school |
| 25 | | district within its service
area during the 2000-2001 school |
| 26 | | year, then the allowable direct cost of
transporting pupils |
|
| | HB5501 | - 1127 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for regular, vocational, and special education pupil
|
| 2 | | transportation shall also include the expenditures that the |
| 3 | | district has
made to the public transit carrier.
In addition |
| 4 | | to the above allowable costs, school
districts shall also |
| 5 | | claim all transportation supervisory salary costs,
including |
| 6 | | Illinois municipal retirement payments, and all transportation
|
| 7 | | related building and building maintenance costs without |
| 8 | | limitation.
|
| 9 | | Special education allowable costs shall also include |
| 10 | | expenditures for the
salaries of attendants or aides for that |
| 11 | | portion of the time they assist
special education pupils while |
| 12 | | in transit and expenditures for parents and
public carriers |
| 13 | | for transporting special education pupils when pre-approved
by |
| 14 | | the State Superintendent of Education.
|
| 15 | | Indirect costs shall be included in the reimbursement |
| 16 | | claim for districts
which own and operate their own school |
| 17 | | buses. Such indirect costs shall
include administrative costs, |
| 18 | | or any costs attributable to transporting
pupils from their |
| 19 | | attendance centers to another school building for
|
| 20 | | instructional purposes. No school district which owns and |
| 21 | | operates its own
school buses may claim reimbursement for |
| 22 | | indirect costs which exceed 5% of
the total allowable direct |
| 23 | | costs for pupil transportation.
|
| 24 | | The State Board of Education shall prescribe uniform |
| 25 | | regulations for
determining the above standards and shall |
| 26 | | prescribe forms of cost
accounting and standards of |
|
| | HB5501 | - 1128 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | determining reasonable depreciation. Such
depreciation shall |
| 2 | | include the cost of equipping school buses with the
safety |
| 3 | | features required by law or by the rules, regulations and |
| 4 | | standards
promulgated by the State Board of Education, and the |
| 5 | | Department of
Transportation for the safety and construction |
| 6 | | of school buses provided,
however, any equipment cost |
| 7 | | reimbursed by the Department of Transportation
for equipping |
| 8 | | school buses with such safety equipment shall be deducted
from |
| 9 | | the allowable cost in the computation of reimbursement under |
| 10 | | this
Section in the same percentage as the cost of the |
| 11 | | equipment is depreciated.
|
| 12 | | On or before August 15, annually, the chief school |
| 13 | | administrator for
the district shall certify to the State |
| 14 | | Superintendent of Education the
district's claim for |
| 15 | | reimbursement for the school year ending on June 30
next |
| 16 | | preceding. The State Superintendent of Education shall check |
| 17 | | and
approve the claims and prepare the vouchers showing the |
| 18 | | amounts due for
district reimbursement claims. Each fiscal |
| 19 | | year, the State
Superintendent of Education shall prepare and |
| 20 | | transmit the first 3
vouchers to the Comptroller on the 30th |
| 21 | | day of September, December and
March, respectively, and the |
| 22 | | final voucher, no later than June 20.
|
| 23 | | If the amount appropriated for transportation |
| 24 | | reimbursement is insufficient
to fund total claims for any |
| 25 | | fiscal year, the State Board of Education shall
reduce each |
| 26 | | school district's allowable costs and flat grant amount
|
|
| | HB5501 | - 1129 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | proportionately to make total adjusted claims equal the total |
| 2 | | amount
appropriated.
|
| 3 | | For purposes of calculating claims for reimbursement under |
| 4 | | this Section for any school year beginning July 1, 2016, the |
| 5 | | equalized assessed valuation for a school district or partial |
| 6 | | elementary unit district formed pursuant to Article 11E used |
| 7 | | to compute reimbursement shall be the real equalized assessed |
| 8 | | valuation as computed under paragraph (3) of subsection (d) of |
| 9 | | Section 18-8.15.
|
| 10 | | All reimbursements received from the State shall be |
| 11 | | deposited into the
district's transportation fund or into the |
| 12 | | fund from which the allowable
expenditures were made.
|
| 13 | | Notwithstanding any other provision of law, any school |
| 14 | | district receiving
a payment under this Section or under |
| 15 | | Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may |
| 16 | | classify all or a portion of the funds that it
receives in a |
| 17 | | particular fiscal year or from State aid pursuant to
Section |
| 18 | | 18-8.15 of this Code
as funds received in connection with any |
| 19 | | funding program for which it is
entitled to receive funds from |
| 20 | | the State in that fiscal year (including,
without limitation, |
| 21 | | any funding program referenced in this Section),
regardless of |
| 22 | | the source or timing of the receipt. The district may not
|
| 23 | | classify more funds as funds received in connection with the |
| 24 | | funding
program than the district is entitled to receive in |
| 25 | | that fiscal year for that
program. Any
classification by a |
| 26 | | district must be made by a resolution of its board of
|
|
| | HB5501 | - 1130 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | education. The resolution must identify the amount of any |
| 2 | | payments or
general State aid to be classified under this |
| 3 | | paragraph and must specify
the funding program to which the |
| 4 | | funds are to be treated as received in
connection therewith. |
| 5 | | This resolution is controlling as to the
classification of |
| 6 | | funds referenced therein. A certified copy of the
resolution |
| 7 | | must be sent to the State Superintendent of Education.
The |
| 8 | | resolution shall still take effect even though a copy of the |
| 9 | | resolution has
not been sent to the State
Superintendent of |
| 10 | | Education in a timely manner.
No
classification under this |
| 11 | | paragraph by a district shall affect the total amount
or |
| 12 | | timing of money the district is entitled to receive under this |
| 13 | | Code.
No classification under this paragraph by a district |
| 14 | | shall
in any way relieve the district from or affect any
|
| 15 | | requirements that otherwise would apply with respect to
that |
| 16 | | funding program, including any
accounting of funds by source, |
| 17 | | reporting expenditures by
original source and purpose,
|
| 18 | | reporting requirements,
or requirements of providing services.
|
| 19 | | Any school district with a population of not more than |
| 20 | | 500,000
must deposit all funds received under this Article |
| 21 | | into the transportation
fund and use those funds for the |
| 22 | | provision of transportation services.
|
| 23 | | (Source: P.A. 102-539, eff. 8-20-21; revised 11-29-21.)
|
| 24 | | (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
|
| 25 | | Sec. 34-2.1. Local school councils; composition; voter |
|
| | HB5501 | - 1131 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | eligibility; elections; terms. |
| 2 | | (a) Beginning with the first local school council election |
| 3 | | that occurs after December 3, 2021 (the effective date of |
| 4 | | Public Act 102-677) this amendatory Act of the 102nd General |
| 5 | | Assembly, a local school council shall be established for each |
| 6 | | attendance
center within the school district, including public |
| 7 | | small schools within the district. Each local school council |
| 8 | | shall
consist of the following 12 voting members: the |
| 9 | | principal of the
attendance center, 2 teachers employed and |
| 10 | | assigned to perform the
majority of their employment duties at |
| 11 | | the attendance center, 6 parents of
students currently |
| 12 | | enrolled at the attendance center, one employee of the school |
| 13 | | district employed and assigned to perform the majority of his |
| 14 | | or her employment duties at the attendance center who is not a |
| 15 | | teacher, and 2 community
residents. Neither the parents nor |
| 16 | | the community residents who serve as
members of the local |
| 17 | | school council shall be employees of the Board of
Education. |
| 18 | | In each secondary attendance center, the local school council
|
| 19 | | shall consist of 13 voting members through the 2020-2021 |
| 20 | | school year, the 12 voting members described above
and one |
| 21 | | full-time student member, and 15 voting members beginning with |
| 22 | | the 2021-2022 school year, the 12 voting members described |
| 23 | | above and 3 full-time student members, appointed as provided |
| 24 | | in subsection
(m) below. In each attendance center enrolling |
| 25 | | students in 7th and 8th grade, one full-time student member |
| 26 | | shall be appointed as provided in subsection (m) of this |
|
| | HB5501 | - 1132 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section.
In the event that the chief executive officer of the |
| 2 | | Chicago School Reform
Board of Trustees determines that a |
| 3 | | local school council is not carrying out
its financial duties |
| 4 | | effectively, the chief executive officer is authorized to
|
| 5 | | appoint a representative of the business community with |
| 6 | | experience in finance
and management
to serve as an advisor to |
| 7 | | the local school council for
the purpose of providing advice |
| 8 | | and assistance to the local school council on
fiscal matters.
|
| 9 | | The advisor shall have access to relevant financial records of |
| 10 | | the
local school council. The advisor may attend executive |
| 11 | | sessions.
The chief executive officer shall
issue a written |
| 12 | | policy defining the circumstances under which a local school
|
| 13 | | council is not carrying out its financial duties effectively.
|
| 14 | | (b) Within 7 days of January 11, 1991, the Mayor shall |
| 15 | | appoint the
members and officers (a Chairperson who shall be a |
| 16 | | parent member and a
Secretary) of each local school council |
| 17 | | who shall hold their offices until
their successors shall be |
| 18 | | elected and qualified. Members so appointed shall
have all the |
| 19 | | powers and duties of local school councils as set forth in
|
| 20 | | Public Act 86-1477. The Mayor's appointments shall not require
|
| 21 | | approval by the City Council.
|
| 22 | | The membership of each local school council shall be |
| 23 | | encouraged to be
reflective of the racial and ethnic |
| 24 | | composition of the student population
of the attendance center |
| 25 | | served by the local school council.
|
| 26 | | (c) Beginning with the 1995-1996 school year and in every |
|
| | HB5501 | - 1133 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | even-numbered
year thereafter, the Board shall set second |
| 2 | | semester Parent Report Card
Pick-up Day for Local School |
| 3 | | Council elections and may schedule elections at
year-round |
| 4 | | schools for the same dates as the remainder of the school |
| 5 | | system.
Elections shall be
conducted as provided herein by the |
| 6 | | Board of Education in consultation with
the local school |
| 7 | | council at each attendance center. |
| 8 | | (c-5) Notwithstanding subsection (c), for the local school |
| 9 | | council election set for the 2019-2020 school year, the Board |
| 10 | | may hold the election on the first semester Parent Report Card |
| 11 | | Pick-up Day of the 2020-2021 school year, making any necessary |
| 12 | | modifications to the election process or date to comply with |
| 13 | | guidance from the Department of Public Health and the federal |
| 14 | | Centers for Disease Control and Prevention. The terms of |
| 15 | | office of all local school council members eligible to serve |
| 16 | | and seated on or after March 23, 2020 through January 10, 2021 |
| 17 | | are extended through January 10, 2021, provided that the |
| 18 | | members continue to meet eligibility requirements for local |
| 19 | | school council membership.
|
| 20 | | (d) Beginning with the 1995-96 school year, the following
|
| 21 | | procedures shall apply to the election of local school council |
| 22 | | members at each
attendance center:
|
| 23 | | (i) The elected members of each local school council |
| 24 | | shall consist of
the 6 parent members and the 2 community |
| 25 | | resident members.
|
| 26 | | (ii) Each elected member shall be elected by the |
|
| | HB5501 | - 1134 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | eligible voters of
that attendance center to serve for a |
| 2 | | two-year term
commencing on July 1
immediately following |
| 3 | | the election described in subsection
(c), except that the |
| 4 | | terms of members elected to a local school council under |
| 5 | | subsection (c-5) shall commence on January 11, 2021 and |
| 6 | | end on July 1, 2022. Eligible
voters for each attendance |
| 7 | | center shall consist of the parents and community
|
| 8 | | residents for that attendance center.
|
| 9 | | (iii) Each eligible voter shall be entitled
to cast |
| 10 | | one vote for up to
a total of 5 candidates, irrespective of |
| 11 | | whether such candidates are parent
or community resident |
| 12 | | candidates.
|
| 13 | | (iv) Each parent voter shall be entitled to vote in |
| 14 | | the local
school
council election at each attendance |
| 15 | | center in which he or she has a child
currently enrolled. |
| 16 | | Each community resident voter shall be entitled to
vote in |
| 17 | | the local school council election at each attendance |
| 18 | | center for
which he or she resides in the applicable |
| 19 | | attendance area or voting
district, as the case may be.
|
| 20 | | (v) Each eligible voter shall be entitled to vote |
| 21 | | once, but
not more
than once, in the local school council |
| 22 | | election at each attendance center
at which the voter is |
| 23 | | eligible to vote.
|
| 24 | | (vi) The 2 teacher members and the non-teacher |
| 25 | | employee member of each local school council
shall be
|
| 26 | | appointed as provided in subsection (l) below each to |
|
| | HB5501 | - 1135 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | serve for a
two-year
term coinciding with that of the |
| 2 | | elected parent and community resident
members. From March |
| 3 | | 23, 2020 through January 10, 2021, the chief executive |
| 4 | | officer or his or her designee may make accommodations to |
| 5 | | fill the vacancy of a teacher or non-teacher employee |
| 6 | | member of a local school council.
|
| 7 | | (vii) At secondary attendance centers and attendance |
| 8 | | centers enrolling students in 7th and 8th grade, the |
| 9 | | voting student members
shall
be appointed as provided in |
| 10 | | subsection (m) below to serve
for a one-year term |
| 11 | | coinciding with the beginning of the terms of the elected
|
| 12 | | parent and community members of the local school council. |
| 13 | | For the 2020-2021 school year, the chief executive officer |
| 14 | | or his or her designee may make accommodations to fill the |
| 15 | | vacancy of a student member of a local school council.
|
| 16 | | (e) The Council shall publicize the date and place of the |
| 17 | | election by
posting notices at the attendance center, in |
| 18 | | public places within the
attendance boundaries of the |
| 19 | | attendance center and by distributing notices
to the pupils at |
| 20 | | the attendance center, and shall utilize such other means
as |
| 21 | | it deems necessary to maximize the involvement of all eligible |
| 22 | | voters.
|
| 23 | | (f) Nomination. The Council shall publicize the opening of |
| 24 | | nominations
by posting notices at the attendance center, in |
| 25 | | public places within the
attendance boundaries of the |
| 26 | | attendance center and by distributing notices
to the pupils at |
|
| | HB5501 | - 1136 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the attendance center, and shall utilize such other means
as |
| 2 | | it deems necessary to maximize the involvement of all eligible |
| 3 | | voters.
Not less than 2 weeks before the election date, |
| 4 | | persons eligible to run for
the Council shall submit their |
| 5 | | name,
date of birth, social
security number, if
available,
and |
| 6 | | some evidence of eligibility
to the Council. The Council shall |
| 7 | | encourage nomination of candidates
reflecting the |
| 8 | | racial/ethnic population of the students at the attendance
|
| 9 | | center. Each person nominated who runs as a candidate shall |
| 10 | | disclose, in a
manner determined by the Board, any economic |
| 11 | | interest held by such person,
by such person's spouse or |
| 12 | | children, or by each business entity in which
such person has |
| 13 | | an ownership interest, in any contract with the Board, any
|
| 14 | | local school council or any public school in the school
|
| 15 | | district.
Each person
nominated who runs as a candidate shall |
| 16 | | also disclose, in a manner determined
by the Board, if he or |
| 17 | | she ever has been convicted of any of the offenses
specified in |
| 18 | | subsection (c) of Section 34-18.5; provided that neither this
|
| 19 | | provision nor any other provision of this Section shall be |
| 20 | | deemed to require
the disclosure of any information that is |
| 21 | | contained in any law enforcement
record or juvenile court |
| 22 | | record that is confidential or whose accessibility or
|
| 23 | | disclosure is restricted or prohibited under Section 5-901 or
|
| 24 | | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such |
| 25 | | disclosure shall render a person ineligible
for election or to |
| 26 | | serve on the local school council. The same
disclosure shall |
|
| | HB5501 | - 1137 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be
required of persons under consideration for appointment to |
| 2 | | the Council
pursuant to subsections (l) and (m) of this |
| 3 | | Section.
|
| 4 | | (f-5) Notwithstanding disclosure, a person who has been |
| 5 | | convicted of any
of
the
following offenses at any time shall be |
| 6 | | ineligible for election or appointment
to a local
school |
| 7 | | council and ineligible for appointment to a local school |
| 8 | | council
pursuant to
subsections (l) and (m) of this Section: |
| 9 | | (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, |
| 10 | | 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, |
| 11 | | 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, |
| 12 | | 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of |
| 13 | | Section 11-14.3, of the
Criminal Code of 1961 or the Criminal |
| 14 | | Code of 2012, or (ii) any offense committed or attempted in any |
| 15 | | other
state or
against the laws of the United States, which, if |
| 16 | | committed or attempted in this
State,
would have been |
| 17 | | punishable as one or more of the foregoing offenses.
|
| 18 | | Notwithstanding
disclosure, a person who has been convicted of |
| 19 | | any of the following offenses
within the
10 years previous to |
| 20 | | the date of nomination or appointment shall be ineligible
for |
| 21 | | election or
appointment to a local school council:
(i) those |
| 22 | | defined in Section 401.1, 405.1, or 405.2 of the Illinois |
| 23 | | Controlled
Substances Act or (ii) any
offense committed
or |
| 24 | | attempted in any other state or against the laws of the United |
| 25 | | States,
which, if
committed or attempted in this State, would |
| 26 | | have been punishable as one or more
of the
foregoing offenses.
|
|
| | HB5501 | - 1138 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Immediately upon election or appointment, incoming local |
| 2 | | school
council members
shall be
required to undergo a criminal |
| 3 | | background investigation, to be completed prior
to the member |
| 4 | | taking office,
in order to identify
any criminal convictions |
| 5 | | under the offenses enumerated in Section 34-18.5.
The |
| 6 | | investigation shall be conducted by the Illinois State Police |
| 7 | | in the
same manner as provided for in Section 34-18.5. |
| 8 | | However, notwithstanding
Section 34-18.5, the social security |
| 9 | | number shall be provided only if
available.
If it is |
| 10 | | determined at any time that a local school council member or
|
| 11 | | member-elect has been convicted
of any of the offenses |
| 12 | | enumerated in this Section or failed to disclose a
conviction |
| 13 | | of any of the offenses enumerated in Section 34-18.5, the |
| 14 | | general
superintendent shall notify the local school council |
| 15 | | member or member-elect of
such
determination and the local |
| 16 | | school council member or member-elect shall be
removed from |
| 17 | | the
local school council by the Board, subject to a hearing,
|
| 18 | | convened pursuant to Board rule, prior to removal.
|
| 19 | | (g) At least one week before the election date, the |
| 20 | | Council shall
publicize, in the manner provided in subsection |
| 21 | | (e), the names of persons
nominated for election.
|
| 22 | | (h) Voting shall be in person by secret ballot at the |
| 23 | | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
|
| 24 | | (i) Candidates receiving the highest number of votes shall |
| 25 | | be declared
elected by the Council. In cases of a tie, the |
| 26 | | Council shall determine the
winner by lottery.
|
|
| | HB5501 | - 1139 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (j) The Council shall certify the results of the election |
| 2 | | and shall
publish the results in the minutes of the Council.
|
| 3 | | (k) The general superintendent shall resolve any
disputes
|
| 4 | | concerning election procedure or results and shall ensure |
| 5 | | that, except as
provided in subsections (e) and (g), no |
| 6 | | resources of any attendance center
shall be used to endorse or |
| 7 | | promote any candidate.
|
| 8 | | (l) Beginning with the first local school council election |
| 9 | | that occurs after December 3, 2021 (the effective date of |
| 10 | | Public Act 102-677) this amendatory Act of the 102nd General |
| 11 | | Assembly, in every
even numbered
year, the Board shall appoint |
| 12 | | 2 teacher
members to each
local school council. These |
| 13 | | appointments shall be made in the following
manner:
|
| 14 | | (i) The Board shall appoint 2 teachers who are
|
| 15 | | employed and assigned to
perform the majority of
their |
| 16 | | employment duties at the attendance center
to serve on the |
| 17 | | local school council of the attendance center for a |
| 18 | | two-year
term coinciding with the terms of the elected |
| 19 | | parent and
community members of that local school council. |
| 20 | | These
appointments shall be made from among those teachers |
| 21 | | who are nominated in
accordance with subsection (f).
|
| 22 | | (ii) A non-binding, advisory poll to ascertain the
|
| 23 | | preferences of the
school staff regarding appointments of |
| 24 | | teachers to the local school council
for that attendance |
| 25 | | center shall be conducted in accordance with the
|
| 26 | | procedures used to elect parent and community Council |
|
| | HB5501 | - 1140 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | representatives. At
such poll, each member of the school |
| 2 | | staff shall be entitled to indicate
his or her preference |
| 3 | | for up to 2 candidates from among those who submitted
|
| 4 | | statements of candidacy as described above. These |
| 5 | | preferences shall be
advisory only and the Board shall |
| 6 | | maintain absolute discretion to appoint
teacher members to |
| 7 | | local school councils, irrespective of the preferences
|
| 8 | | expressed in any such poll. Prior to the appointment of |
| 9 | | staff members to local school councils, the Board shall |
| 10 | | make public the vetting process of staff member |
| 11 | | candidates. Any staff member seeking candidacy shall be |
| 12 | | allowed to make an inquiry to the Board to determine if the |
| 13 | | Board may deny the appointment of the staff member. An |
| 14 | | inquiry made to the Board shall be made in writing in |
| 15 | | accordance with Board procedure.
|
| 16 | | (iii) In the event that a teacher representative is |
| 17 | | unable to perform
his or her employment duties at the |
| 18 | | school due to illness, disability, leave of
absence, |
| 19 | | disciplinary action, or any other reason, the Board shall |
| 20 | | declare
a temporary vacancy and appoint a replacement |
| 21 | | teacher representative to serve
on the local school |
| 22 | | council until such time as the teacher member originally
|
| 23 | | appointed pursuant to this subsection (l) resumes service |
| 24 | | at the attendance
center or for the remainder of the term. |
| 25 | | The replacement teacher
representative shall be appointed |
| 26 | | in the same manner and by the same procedures
as teacher |
|
| | HB5501 | - 1141 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | representatives are appointed in subdivisions (i) and (ii) |
| 2 | | of this
subsection (l).
|
| 3 | | (m) Beginning with the 1995-1996 school year through the |
| 4 | | 2020-2021 school year, the Board shall appoint one student |
| 5 | | member to each
secondary attendance center. Beginning with the |
| 6 | | 2021-2022 school year and for every school year thereafter, |
| 7 | | the Board shall appoint 3 student members to the local school |
| 8 | | council of each secondary attendance center and one student |
| 9 | | member to the local school council of each attendance center |
| 10 | | enrolling students in 7th and 8th grade. Students enrolled in |
| 11 | | grade 6 or above are eligible to be candidates for a local |
| 12 | | school council. No attendance center enrolling students in 7th |
| 13 | | and 8th grade may have more than one student member, unless the |
| 14 | | attendance center enrolls students in grades 7 through 12, in |
| 15 | | which case the attendance center may have a total of 3 student |
| 16 | | members on the local school council. The Board may establish |
| 17 | | criteria for students to be considered eligible to serve as a |
| 18 | | student member. These appointments shall be made in the
|
| 19 | | following manner:
|
| 20 | | (i) Appointments shall be made from among those |
| 21 | | students who submit
statements of candidacy to the |
| 22 | | principal of the attendance center, such
statements to be |
| 23 | | submitted commencing on the first day of the twentieth
|
| 24 | | week of school and
continuing for 2 weeks thereafter. The |
| 25 | | form and manner of such candidacy
statements shall be |
| 26 | | determined by the Board.
|
|
| | HB5501 | - 1142 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (ii) During the twenty-second week of school in every |
| 2 | | year,
the principal of
each attendance center shall |
| 3 | | conduct a binding election to
ascertain the preferences of |
| 4 | | the school students regarding the appointment
of students |
| 5 | | to the local school council for that attendance center. At
|
| 6 | | such election, each student shall be entitled to indicate |
| 7 | | his or her preference
for up to one candidate from among |
| 8 | | those who submitted statements of
candidacy as described |
| 9 | | above. The Board shall promulgate rules to ensure
that |
| 10 | | these elections are conducted in a fair and
equitable |
| 11 | | manner and maximize the involvement of all school |
| 12 | | students. In the case of a tie vote, the local school |
| 13 | | council shall determine the winner by lottery. The
|
| 14 | | preferences expressed in these elections s shall be
|
| 15 | | transmitted by the principal to the Board. These |
| 16 | | preferences
shall be binding on the Board.
|
| 17 | | (iii) (Blank).
|
| 18 | | (n) The Board may promulgate such other rules and |
| 19 | | regulations for
election procedures as may be deemed necessary |
| 20 | | to ensure fair elections.
|
| 21 | | (o) In the event that a vacancy occurs during a member's |
| 22 | | term, the
Council shall appoint a person eligible to serve on |
| 23 | | the Council to fill
the unexpired term created by the vacancy, |
| 24 | | except that any teacher or non-teacher staff vacancy
shall be |
| 25 | | filled by the Board after considering the preferences of the |
| 26 | | school
staff as ascertained through a non-binding advisory |
|
| | HB5501 | - 1143 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | poll of school staff. In the case of a student vacancy, the |
| 2 | | vacancy shall be filled by the preferences of an election poll |
| 3 | | of students.
|
| 4 | | (p) If less than the specified number of persons is |
| 5 | | elected within each
candidate category, the newly elected |
| 6 | | local school council shall appoint
eligible persons to serve |
| 7 | | as members of the Council for 2-year terms, as provided in |
| 8 | | subsection (c-5) of Section 34-2.2 of this Code.
|
| 9 | | (q) The Board shall promulgate rules regarding conflicts |
| 10 | | of interest
and disclosure of economic interests which shall |
| 11 | | apply to local school
council members and which shall require |
| 12 | | reports or statements to be filed
by Council members at |
| 13 | | regular intervals with the Secretary of the
Board. Failure to |
| 14 | | comply with such rules
or intentionally falsifying such |
| 15 | | reports shall be grounds for
disqualification from local |
| 16 | | school council membership. A vacancy on the
Council for |
| 17 | | disqualification may be so declared by the Secretary of the
|
| 18 | | Board. Rules regarding conflicts of interest and disclosure of
|
| 19 | | economic interests promulgated by the Board shall apply to |
| 20 | | local school council
members. No less than 45 days prior to the |
| 21 | | deadline, the general
superintendent shall provide notice, by |
| 22 | | mail, to each local school council
member of all requirements |
| 23 | | and forms for compliance with economic interest
statements.
|
| 24 | | (r) (1) If a parent member of a local school council ceases |
| 25 | | to have any
child
enrolled in the attendance center governed |
| 26 | | by the Local School Council due to
the graduation or voluntary |
|
| | HB5501 | - 1144 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | transfer of a child or children from the attendance
center, |
| 2 | | the parent's membership on the Local School Council and all |
| 3 | | voting
rights are terminated immediately as of the date of the |
| 4 | | child's graduation or
voluntary transfer. If the child of a |
| 5 | | parent member of a local school council dies during the |
| 6 | | member's term in office, the member may continue to serve on |
| 7 | | the local school council for the balance of his or her term. |
| 8 | | Further,
a local school council member may be removed from the |
| 9 | | Council by a
majority vote of the Council as provided in |
| 10 | | subsection (c) of Section
34-2.2 if the Council member has |
| 11 | | missed 3 consecutive regular meetings, not
including committee |
| 12 | | meetings, or 5 regular meetings in a 12-month period,
not |
| 13 | | including committee meetings.
If a parent member of a local |
| 14 | | school council ceases to be eligible to serve
on the Council |
| 15 | | for any other reason, he or she shall be removed by the Board
|
| 16 | | subject
to a hearing, convened pursuant to Board rule, prior |
| 17 | | to removal.
A vote to remove a Council member by the local |
| 18 | | school council shall
only be valid if the Council member has |
| 19 | | been notified personally or by
certified mail, mailed to the |
| 20 | | person's last known address, of the Council's
intent to vote |
| 21 | | on the Council member's removal at least 7 days prior to the
|
| 22 | | vote. The Council member in question shall have the right to |
| 23 | | explain
his or her actions and shall be eligible to vote on the
|
| 24 | | question of his or her removal from the Council. The |
| 25 | | provisions of this
subsection shall be contained within the |
| 26 | | petitions used to nominate Council
candidates.
|
|
| | HB5501 | - 1145 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) A person may continue to serve as a community resident |
| 2 | | member of a
local
school council as long as he or she resides |
| 3 | | in the attendance area served by
the
school and is not employed |
| 4 | | by the Board nor is a parent of a student enrolled
at the |
| 5 | | school. If a community resident member ceases to be eligible |
| 6 | | to serve
on the Council, he or she shall be removed by the |
| 7 | | Board subject to a hearing,
convened pursuant to Board rule, |
| 8 | | prior to removal.
|
| 9 | | (3) A person may continue to serve as a staff member of a |
| 10 | | local school
council as long as he or she is employed and |
| 11 | | assigned to perform a majority of
his or her duties at the |
| 12 | | school, provided that if the staff representative
resigns from |
| 13 | | employment with the Board or
voluntarily transfers to another |
| 14 | | school, the staff member's membership on the local
school |
| 15 | | council and all voting rights are terminated immediately as of |
| 16 | | the date
of the staff member's resignation or upon the date of |
| 17 | | the staff member's voluntary
transfer to another school. If a |
| 18 | | staff member of a local school council
ceases to be eligible to |
| 19 | | serve on a local school council for any other reason,
that |
| 20 | | member shall be removed by the Board subject to a hearing, |
| 21 | | convened
pursuant to Board rule, prior to removal. |
| 22 | | (s) As used in this Section only, "community resident" |
| 23 | | means a person, 17 years of age or older, residing within an |
| 24 | | attendance area served by a school, excluding any person who |
| 25 | | is a parent of a student enrolled in that school; provided that |
| 26 | | with respect to any multi-area school, community resident |
|
| | HB5501 | - 1146 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | means any person, 17 years of age or older, residing within the |
| 2 | | voting district established for that school pursuant to |
| 3 | | Section 34-2.1c, excluding any person who is a parent of a |
| 4 | | student enrolled in that school. This definition does not |
| 5 | | apply to any provisions concerning school boards.
|
| 6 | | (Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; |
| 7 | | 102-538, eff. 8-20-21; 102-677, eff. 12-3-21; revised 1-9-22.)
|
| 8 | | (105 ILCS 5/34-4.5)
|
| 9 | | Sec. 34-4.5. Chronic truants.
|
| 10 | | (a) Socio-emotional focused attendance intervention. The |
| 11 | | chief executive officer or the chief executive officer's |
| 12 | | designee shall implement a socio-emotional focused attendance |
| 13 | | approach that targets the underlying causes of chronic |
| 14 | | truancy. For each pupil identified as a chronic truant, as |
| 15 | | defined in Section 26-2a of this Code, the board may establish |
| 16 | | an individualized student attendance plan to identify and |
| 17 | | resolve the underlying cause of the pupil's chronic truancy.
|
| 18 | | (b) Notices. Prior to the implementation of any truancy |
| 19 | | intervention services pursuant to subsection (d) of this |
| 20 | | Section, the
principal of
the school attended by the pupil or |
| 21 | | the principal's designee shall notify the
pupil's parent or |
| 22 | | guardian by personal visit, letter, or telephone of each
|
| 23 | | unexcused absence of the pupil. After giving the parent or |
| 24 | | guardian notice of
the tenth unexcused absence of the pupil, |
| 25 | | the principal or the principal's
designee shall send the |
|
| | HB5501 | - 1147 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pupil's parent or guardian a letter, by certified mail,
return |
| 2 | | receipt requested, notifying the parent or guardian that he or |
| 3 | | she is
subjecting himself or herself to truancy intervention |
| 4 | | services as provided under
subsection (d) of this Section.
|
| 5 | | (c) (Blank).
|
| 6 | | (d) Truancy intervention services. The chief executive |
| 7 | | officer or the chief executive officer's designee may require |
| 8 | | the pupil or the pupil's
parent or guardian or both the pupil |
| 9 | | and the pupil's parent or guardian to do
any or all of the |
| 10 | | following: complete a parenting education program;
obtain |
| 11 | | counseling or other supportive services; and comply with an
|
| 12 | | individualized
educational plan or service plan as provided by |
| 13 | | appropriate school officials.
If the parent or guardian of the |
| 14 | | chronic truant shows that he or she
took reasonable steps to |
| 15 | | ensure attendance of the pupil at school, he or she
shall not |
| 16 | | be required to perform services.
|
| 17 | | (e) Non-compliance with services. Notwithstanding any |
| 18 | | other provision of law to the contrary, if a pupil determined |
| 19 | | by the chief executive officer or the chief executive |
| 20 | | officer's designee to be a chronic truant or the parent or |
| 21 | | guardian of the pupil fails to fully participate in the |
| 22 | | services offered
under subsection (d)
of this Section, the |
| 23 | | chief executive officer or the chief executive officer's |
| 24 | | designee may refer the
matter to the Department of Human |
| 25 | | Services, the Department of Healthcare and Family Services, or |
| 26 | | any other applicable organization or State agency for |
|
| | HB5501 | - 1148 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | socio-emotional based intervention and prevention services. |
| 2 | | Additionally, if the circumstances regarding a pupil |
| 3 | | identified as a chronic truant reasonably indicate that the |
| 4 | | pupil may be subject to abuse or neglect, apart from truancy, |
| 5 | | the chief executive officer or the chief executive officer's |
| 6 | | designee must report any findings that support suspected abuse |
| 7 | | or neglect to the Department of Children and Family Services |
| 8 | | pursuant to the Abused and Neglected Child Reporting Act. A |
| 9 | | State agency that receives a referral may enter into a data |
| 10 | | sharing agreement with the school district to share applicable |
| 11 | | student referral and case data. A State agency that receives a |
| 12 | | referral from the school district shall implement an intake |
| 13 | | process that may include a consent form that allows the agency |
| 14 | | to share information with the school district..
|
| 15 | | (f) Limitation on applicability. Nothing in this Section |
| 16 | | shall be construed
to apply to a parent or guardian of a pupil |
| 17 | | not required to attend a public
school pursuant to Section |
| 18 | | 26-1.
|
| 19 | | (Source: P.A. 102-456, eff. 1-1-22; revised 10-6-21.)
|
| 20 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) |
| 21 | | Sec. 34-18.5. Criminal history records checks and checks |
| 22 | | of the Statewide Sex Offender Database and Statewide Murderer |
| 23 | | and Violent Offender Against Youth Database. |
| 24 | | (a) Licensed and nonlicensed applicants for
employment |
| 25 | | with the school district are required as a condition of
|
|
| | HB5501 | - 1149 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | employment to authorize a fingerprint-based criminal history |
| 2 | | records check to determine if such applicants
have been |
| 3 | | convicted of any disqualifying, enumerated criminal or drug |
| 4 | | offense in
subsection (c) of this Section or have been
|
| 5 | | convicted, within 7 years of the application for employment |
| 6 | | with the
school district, of any other felony under the laws of |
| 7 | | this State or of any
offense committed or attempted in any |
| 8 | | other state or against the laws of
the United States that, if |
| 9 | | committed or attempted in this State, would
have been |
| 10 | | punishable as a felony under the laws of this State. |
| 11 | | Authorization
for
the
check shall
be furnished by the |
| 12 | | applicant to the school district, except that if the
applicant |
| 13 | | is a substitute teacher seeking employment in more than one
|
| 14 | | school district, or a teacher seeking concurrent part-time |
| 15 | | employment
positions with more than one school district (as a |
| 16 | | reading specialist,
special education teacher or otherwise), |
| 17 | | or an educational support
personnel employee seeking |
| 18 | | employment positions with more than one
district, any such |
| 19 | | district may require the applicant to furnish
authorization |
| 20 | | for
the check to the regional superintendent of the
|
| 21 | | educational service region in which are located the school |
| 22 | | districts in
which the applicant is seeking employment as a |
| 23 | | substitute or concurrent
part-time teacher or concurrent |
| 24 | | educational support personnel employee.
Upon receipt of this |
| 25 | | authorization, the school district or the appropriate
regional |
| 26 | | superintendent, as the case may be, shall submit the |
|
| | HB5501 | - 1150 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | applicant's
name, sex, race, date of birth, social security |
| 2 | | number, fingerprint images, and other identifiers, as |
| 3 | | prescribed by the Illinois State Police, to the Illinois State |
| 4 | | Police. The regional
superintendent submitting the requisite |
| 5 | | information to the Illinois
State Police shall promptly notify |
| 6 | | the school districts in which the
applicant is seeking |
| 7 | | employment as a substitute or concurrent part-time
teacher or |
| 8 | | concurrent educational support personnel employee that
the
|
| 9 | | check of the applicant has been requested. The Illinois State
|
| 10 | | Police and the Federal Bureau of Investigation shall furnish, |
| 11 | | pursuant to a fingerprint-based criminal history records |
| 12 | | check, records of convictions, forever and hereinafter, until |
| 13 | | expunged, to the president of the school board for the school |
| 14 | | district that requested the check, or to the regional |
| 15 | | superintendent who requested the check. The Illinois State |
| 16 | | Police
shall charge
the school district
or the appropriate |
| 17 | | regional superintendent a fee for
conducting
such check, which |
| 18 | | fee shall be deposited in the State
Police Services Fund and |
| 19 | | shall not exceed the cost of the inquiry; and the
applicant |
| 20 | | shall not be charged a fee for
such check by the school
|
| 21 | | district or by the regional superintendent. Subject to |
| 22 | | appropriations for these purposes, the State Superintendent of |
| 23 | | Education shall reimburse the school district and regional |
| 24 | | superintendent for fees paid to obtain criminal history |
| 25 | | records checks under this Section. |
| 26 | | (a-5) The school district or regional superintendent shall |
|
| | HB5501 | - 1151 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | further perform a check of the Statewide Sex Offender |
| 2 | | Database, as authorized by the Sex Offender Community |
| 3 | | Notification Law, for each applicant. The check of the |
| 4 | | Statewide Sex Offender Database must be conducted by the |
| 5 | | school district or regional superintendent once for every 5 |
| 6 | | years that an applicant remains employed by the school |
| 7 | | district. |
| 8 | | (a-6) The school district or regional superintendent shall |
| 9 | | further perform a check of the Statewide Murderer and Violent |
| 10 | | Offender Against Youth Database, as authorized by the Murderer |
| 11 | | and Violent Offender Against Youth Community Notification Law, |
| 12 | | for each applicant. The check of the Murderer and Violent |
| 13 | | Offender Against Youth Database must be conducted by the |
| 14 | | school district or regional superintendent once for every 5 |
| 15 | | years that an applicant remains employed by the school |
| 16 | | district. |
| 17 | | (b) Any
information concerning the record of convictions |
| 18 | | obtained by the president
of the board of education or the |
| 19 | | regional superintendent shall be
confidential and may only be |
| 20 | | transmitted to the general superintendent of
the school |
| 21 | | district or his designee, the appropriate regional
|
| 22 | | superintendent if
the check was requested by the board of |
| 23 | | education
for the school district, the presidents of the |
| 24 | | appropriate board of
education or school boards if
the check |
| 25 | | was requested from the Illinois
State Police by the regional |
| 26 | | superintendent, the State Board of Education and the school |
|
| | HB5501 | - 1152 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | district as authorized under subsection (b-5), the State
|
| 2 | | Superintendent of Education, the State Educator Preparation |
| 3 | | and Licensure Board or any
other person necessary to the |
| 4 | | decision of hiring the applicant for
employment. A copy of the |
| 5 | | record of convictions obtained from the Illinois
State Police |
| 6 | | shall be provided to the applicant for
employment. Upon the |
| 7 | | check of the Statewide Sex Offender Database or Statewide |
| 8 | | Murderer and Violent Offender Against Youth Database, the |
| 9 | | school district or regional superintendent shall notify an |
| 10 | | applicant as to whether or not the applicant has been |
| 11 | | identified in the Database. If a check of an applicant for |
| 12 | | employment as a
substitute or concurrent part-time teacher or |
| 13 | | concurrent educational
support personnel employee in more than |
| 14 | | one school district was requested
by the regional |
| 15 | | superintendent, and the Illinois State Police upon
a check |
| 16 | | ascertains that the applicant has not been convicted of any
of |
| 17 | | the enumerated criminal or drug offenses in subsection (c) of |
| 18 | | this Section
or has not been
convicted,
within 7 years of the |
| 19 | | application for employment with the
school district, of any |
| 20 | | other felony under the laws of this State or of any
offense |
| 21 | | committed or attempted in any other state or against the laws |
| 22 | | of
the United States that, if committed or attempted in this |
| 23 | | State, would
have been punishable as a felony under the laws of |
| 24 | | this State and so
notifies the regional superintendent and if |
| 25 | | the regional superintendent upon a check ascertains that the |
| 26 | | applicant has not been identified in the Sex Offender Database |
|
| | HB5501 | - 1153 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or Statewide Murderer and Violent Offender Against Youth |
| 2 | | Database, then the regional superintendent
shall issue to the |
| 3 | | applicant a certificate evidencing that as of the date
|
| 4 | | specified by the Illinois State Police the applicant has not |
| 5 | | been
convicted of any of the enumerated criminal or drug |
| 6 | | offenses in subsection
(c) of this Section
or has not been
|
| 7 | | convicted, within 7 years of the application for employment |
| 8 | | with the
school district, of any other felony under the laws of |
| 9 | | this State or of any
offense committed or attempted in any |
| 10 | | other state or against the laws of
the United States that, if |
| 11 | | committed or attempted in this State, would
have been |
| 12 | | punishable as a felony under the laws of this State and |
| 13 | | evidencing that as of the date that the regional |
| 14 | | superintendent conducted a check of the Statewide Sex Offender |
| 15 | | Database or Statewide Murderer and Violent Offender Against |
| 16 | | Youth Database, the applicant has not been identified in the |
| 17 | | Database. The school
board of any school district may rely on |
| 18 | | the certificate issued by any regional
superintendent to that |
| 19 | | substitute teacher, concurrent part-time teacher, or |
| 20 | | concurrent educational support personnel employee
or may |
| 21 | | initiate its own criminal history records check of
the |
| 22 | | applicant through the Illinois State Police and its own check |
| 23 | | of the Statewide Sex Offender Database or Statewide Murderer |
| 24 | | and Violent Offender Against Youth Database as provided in
|
| 25 | | this Section. Any unauthorized release of confidential |
| 26 | | information may be a violation of Section 7 of the Criminal |
|
| | HB5501 | - 1154 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Identification Act. |
| 2 | | (b-5) If a criminal history records check or check of the |
| 3 | | Statewide Sex Offender Database or Statewide Murderer and |
| 4 | | Violent Offender Against Youth Database is performed by a |
| 5 | | regional superintendent for an applicant seeking employment as |
| 6 | | a substitute teacher with the school district, the regional |
| 7 | | superintendent may disclose to the State Board of Education |
| 8 | | whether the applicant has been issued a certificate under |
| 9 | | subsection (b) based on those checks. If the State Board |
| 10 | | receives information on an applicant under this subsection, |
| 11 | | then it must indicate in the Educator Licensure Information |
| 12 | | System for a 90-day period that the applicant has been issued |
| 13 | | or has not been issued a certificate. |
| 14 | | (c) The board of education shall not knowingly employ a |
| 15 | | person who has
been convicted of any offense that would |
| 16 | | subject him or her to license suspension or revocation |
| 17 | | pursuant to Section 21B-80 of this Code, except as provided |
| 18 | | under subsection (b) of 21B-80.
Further, the board of |
| 19 | | education shall not knowingly employ a person who has
been |
| 20 | | found to be the perpetrator of sexual or physical abuse of any |
| 21 | | minor under
18 years of age pursuant to proceedings under |
| 22 | | Article II of the Juvenile Court
Act of 1987. As a condition of |
| 23 | | employment, the board of education must consider the status of |
| 24 | | a person who has been issued an indicated finding of abuse or |
| 25 | | neglect of a child by the Department of Children and Family |
| 26 | | Services under the Abused and Neglected Child Reporting Act or |
|
| | HB5501 | - 1155 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | by a child welfare agency of another jurisdiction. |
| 2 | | (d) The board of education shall not knowingly employ a |
| 3 | | person for whom
a criminal history records check and a |
| 4 | | Statewide Sex Offender Database check have not been initiated. |
| 5 | | (e) Within 10 days after the general superintendent of |
| 6 | | schools, a regional office of education, or an entity that |
| 7 | | provides background checks of license holders to public |
| 8 | | schools receives information of a pending criminal charge |
| 9 | | against a license holder for an offense set forth in Section |
| 10 | | 21B-80 of this Code, the superintendent, regional office of |
| 11 | | education, or entity must notify the State Superintendent of |
| 12 | | Education of the pending criminal charge. |
| 13 | | No later than 15 business days after receipt of a record of |
| 14 | | conviction or of checking the Statewide Murderer and Violent |
| 15 | | Offender Against Youth Database or the Statewide Sex Offender |
| 16 | | Database and finding a registration, the general |
| 17 | | superintendent of schools or the applicable regional |
| 18 | | superintendent shall, in writing, notify the State |
| 19 | | Superintendent of Education of any license holder who has been |
| 20 | | convicted of a crime set forth in Section 21B-80 of this Code. |
| 21 | | Upon receipt of the record of a conviction of or a finding of |
| 22 | | child
abuse by a holder of any license
issued pursuant to |
| 23 | | Article 21B or Section 34-8.1 or 34-83 of this Code, the State |
| 24 | | Superintendent of
Education may initiate licensure suspension |
| 25 | | and revocation
proceedings as authorized by law. If the |
| 26 | | receipt of the record of conviction or finding of child abuse |
|
| | HB5501 | - 1156 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | is received within 6 months after the initial grant of or |
| 2 | | renewal of a license, the State Superintendent of Education |
| 3 | | may rescind the license holder's license. |
| 4 | | (e-5) The general superintendent of schools shall, in |
| 5 | | writing, notify the State Superintendent of Education of any |
| 6 | | license holder whom he or she has reasonable cause to believe |
| 7 | | has committed an intentional act of abuse or neglect with the |
| 8 | | result of making a child an abused child or a neglected child, |
| 9 | | as defined in Section 3 of the Abused and Neglected Child |
| 10 | | Reporting Act, and that act resulted in the license holder's |
| 11 | | dismissal or resignation from the school district and must |
| 12 | | include the Illinois Educator Identification Number (IEIN) of |
| 13 | | the license holder and a brief description of the misconduct |
| 14 | | alleged. This notification must be submitted within 30 days |
| 15 | | after the dismissal or resignation. The license holder must |
| 16 | | also be contemporaneously sent a copy of the notice by the |
| 17 | | superintendent. All correspondence, documentation, and other |
| 18 | | information so received by the State Superintendent of |
| 19 | | Education, the State Board of Education, or the State Educator |
| 20 | | Preparation and Licensure Board under this subsection (e-5) is |
| 21 | | confidential and must not be disclosed to third parties, |
| 22 | | except (i) as necessary for the State Superintendent of |
| 23 | | Education or his or her designee to investigate and prosecute |
| 24 | | pursuant to Article 21B of this Code, (ii) pursuant to a court |
| 25 | | order, (iii) for disclosure to the license holder or his or her |
| 26 | | representative, or (iv) as otherwise provided in this Article |
|
| | HB5501 | - 1157 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and provided that any such information admitted into evidence |
| 2 | | in a hearing is exempt from this confidentiality and |
| 3 | | non-disclosure requirement. Except for an act of willful or |
| 4 | | wanton misconduct, any superintendent who provides |
| 5 | | notification as required in this subsection (e-5) shall have |
| 6 | | immunity from any liability, whether civil or criminal or that |
| 7 | | otherwise might result by reason of such action. |
| 8 | | (f) After March 19, 1990, the provisions of this Section |
| 9 | | shall apply to
all employees of persons or firms holding |
| 10 | | contracts with any school district
including, but not limited |
| 11 | | to, food service workers, school bus drivers and
other |
| 12 | | transportation employees, who have direct, daily contact with |
| 13 | | the
pupils of any school in such district. For purposes of |
| 14 | | criminal history records checks and checks of the Statewide |
| 15 | | Sex Offender Database on employees of persons or firms holding |
| 16 | | contracts with more
than one school district and assigned to |
| 17 | | more than one school district, the
regional superintendent of |
| 18 | | the educational service region in which the
contracting school |
| 19 | | districts are located may, at the request of any such
school |
| 20 | | district, be responsible for receiving the authorization for
a |
| 21 | | criminal history records check prepared by each such employee |
| 22 | | and submitting the same to the Illinois
State Police and for |
| 23 | | conducting a check of the Statewide Sex Offender Database for |
| 24 | | each employee. Any information concerning the record of
|
| 25 | | conviction and identification as a sex offender of any such |
| 26 | | employee obtained by the regional superintendent
shall be |
|
| | HB5501 | - 1158 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | promptly reported to the president of the appropriate school |
| 2 | | board
or school boards. |
| 3 | | (f-5) Upon request of a school or school district, any |
| 4 | | information obtained by the school district pursuant to |
| 5 | | subsection (f) of this Section within the last year must be |
| 6 | | made available to the requesting school or school district. |
| 7 | | (g) Prior to the commencement of any student teaching |
| 8 | | experience or required internship (which is referred to as |
| 9 | | student teaching in this Section) in the public schools, a |
| 10 | | student teacher is required to authorize a fingerprint-based |
| 11 | | criminal history records check. Authorization for and payment |
| 12 | | of the costs of the check must be furnished by the student |
| 13 | | teacher to the school district. Upon receipt of this |
| 14 | | authorization and payment, the school district shall submit |
| 15 | | the student teacher's name, sex, race, date of birth, social |
| 16 | | security number, fingerprint images, and other identifiers, as |
| 17 | | prescribed by the Illinois State Police, to the Illinois State |
| 18 | | Police. The Illinois State Police and the Federal Bureau of |
| 19 | | Investigation shall furnish, pursuant to a fingerprint-based |
| 20 | | criminal history records check, records of convictions, |
| 21 | | forever and hereinafter, until expunged, to the president of |
| 22 | | the board. The Illinois State Police shall charge the school |
| 23 | | district a fee for conducting the check, which fee must not |
| 24 | | exceed the cost of the inquiry and must be deposited into the |
| 25 | | State Police Services Fund. The school district shall further |
| 26 | | perform a check of the Statewide Sex Offender Database, as |
|
| | HB5501 | - 1159 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authorized by the Sex Offender Community Notification Law, and |
| 2 | | of the Statewide Murderer and Violent Offender Against Youth |
| 3 | | Database, as authorized by the Murderer and Violent Offender |
| 4 | | Against Youth Registration Act, for each student teacher. The |
| 5 | | board may not knowingly allow a person to student teach for |
| 6 | | whom a criminal history records check, a Statewide Sex |
| 7 | | Offender Database check, and a Statewide Murderer and Violent |
| 8 | | Offender Against Youth Database check have not been completed |
| 9 | | and reviewed by the district. |
| 10 | | A copy of the record of convictions obtained from the |
| 11 | | Illinois State Police must be provided to the student teacher. |
| 12 | | Any information concerning the record of convictions obtained |
| 13 | | by the president of the board is confidential and may only be |
| 14 | | transmitted to the general superintendent of schools or his or |
| 15 | | her designee, the State Superintendent of Education, the State |
| 16 | | Educator Preparation and Licensure Board, or, for |
| 17 | | clarification purposes, the Illinois State Police or the |
| 18 | | Statewide Sex Offender Database or Statewide Murderer and |
| 19 | | Violent Offender Against Youth Database. Any unauthorized |
| 20 | | release of confidential information may be a violation of |
| 21 | | Section 7 of the Criminal Identification Act. |
| 22 | | The board may not knowingly allow a person to student |
| 23 | | teach who has been convicted of any offense that would subject |
| 24 | | him or her to license suspension or revocation pursuant to |
| 25 | | subsection (c) of Section 21B-80 of this Code, except as |
| 26 | | provided under subsection (b) of Section 21B-80. Further, the |
|
| | HB5501 | - 1160 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | board may not allow a person to student teach if he or she has |
| 2 | | been found to be the perpetrator of sexual or physical abuse of |
| 3 | | a minor under 18 years of age pursuant to proceedings under |
| 4 | | Article II of the Juvenile Court Act of 1987. The board must |
| 5 | | consider the status of a person to student teach who has been |
| 6 | | issued an indicated finding of abuse or neglect of a child by |
| 7 | | the Department of Children and Family Services under the |
| 8 | | Abused and Neglected Child Reporting Act or by a child welfare |
| 9 | | agency of another jurisdiction. |
| 10 | | (h) (Blank). |
| 11 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; |
| 12 | | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. |
| 13 | | 1-1-22; revised 10-18-21.)
|
| 14 | | (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
|
| 15 | | Sec. 34-18.8. HIV training. School counselors, nurses,
|
| 16 | | teachers, school social workers, and other school personnel |
| 17 | | who work with students shall be trained to have a basic |
| 18 | | knowledge of matters relating
to human immunodeficiency virus |
| 19 | | (HIV), including the nature of the infection, its causes and |
| 20 | | effects, the means of detecting it and preventing
its |
| 21 | | transmission, the availability of appropriate sources of |
| 22 | | counseling and
referral, and any other medically accurate |
| 23 | | information that is age and developmentally appropriate for |
| 24 | | such students. The Board of Education shall supervise
such |
| 25 | | training. The State Board of Education and the Department of |
|
| | HB5501 | - 1163 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | use of violence. |
| 2 | | (b) If a student commits an act or acts of misconduct |
| 3 | | involving offensive touching, a physical altercation, or the |
| 4 | | use of violence, the student's school shall provide written |
| 5 | | notification of that misconduct to the parent or guardian of |
| 6 | | the student. |
| 7 | | (c) If a student makes a written statement to a school |
| 8 | | employee relating to an act or acts of misconduct, whether the |
| 9 | | student is engaging in the act or acts or is targeted by the |
| 10 | | act or acts, the school shall provide the written statement to |
| 11 | | the student's parent or guardian, upon request and in |
| 12 | | accordance with federal and State laws and rules governing |
| 13 | | school student records. |
| 14 | | (d) If the parent or guardian of a student involved in an |
| 15 | | act or acts of misconduct, whether the student is engaging in |
| 16 | | the act or acts or is targeted by the act or acts, requests a |
| 17 | | synopsis of any statement made by the parent's or guardian's |
| 18 | | child, the school shall provide any existing records |
| 19 | | responsive to that request, in accordance with federal and |
| 20 | | State laws and rules governing school student records. |
| 21 | | (e) A school shall make reasonable attempts to provide a |
| 22 | | copy of any disciplinary report resulting from an |
| 23 | | investigation into a student's act or acts of misconduct to |
| 24 | | the parent or guardian of the student receiving disciplinary |
| 25 | | action, including any and all restorative justice measures, |
| 26 | | within 2 school days after the completion of the report. The |
|
| | HB5501 | - 1164 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | disciplinary report shall include all of the following: |
| 2 | | (1) A description of the student's act or acts of |
| 3 | | misconduct that resulted in disciplinary action. The names |
| 4 | | and any identifying information of any other student or |
| 5 | | students involved must be redacted from or not included in |
| 6 | | the report, in accordance with federal and State student |
| 7 | | privacy laws and rules. |
| 8 | | (2) A description of the disciplinary action, if any, |
| 9 | | imposed on the parent's or guardian's child, including the |
| 10 | | duration of the disciplinary action. |
| 11 | | (3) The school's justification and rationale for the |
| 12 | | disciplinary action imposed on the parent's or guardian's |
| 13 | | child, including reference to the applicable student |
| 14 | | discipline policies, procedures, or guidelines. |
| 15 | | (4) A description of the restorative justice measures, |
| 16 | | if any, used on the parent's or guardian's child.
|
| 17 | | (Source: P.A. 102-251, eff. 8-6-21; revised 10-19-21.)
|
| 18 | | (105 ILCS 5/34-18.74)
|
| 19 | | Sec. 34-18.74 34-18.67. School support personnel |
| 20 | | reporting. No later than December 1, 2022 and each December |
| 21 | | 1st annually thereafter, the school district must report to |
| 22 | | the State Board of Education the information with regard to |
| 23 | | the school district as of October 1st of each year beginning in |
| 24 | | 2022 as described in subsection (b) of Section 2-3.182 of this |
| 25 | | Code and must make that information available on its website.
|
|
| | HB5501 | - 1166 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (105 ILCS 5/34-21.9) |
| 2 | | Sec. 34-21.9. Modification of athletic or team uniform |
| 3 | | permitted. |
| 4 | | (a) The board must allow a student athlete to modify his or |
| 5 | | her athletic or team uniform due to the observance of modesty |
| 6 | | in clothing or attire in accordance with the requirements of |
| 7 | | his or her religion or his or her cultural values or modesty |
| 8 | | preferences. The modification of the athletic or team uniform |
| 9 | | may include, but is not limited to, the wearing of a hijab, an |
| 10 | | undershirt, or leggings. If a student chooses to modify his or |
| 11 | | her athletic or team uniform, the student is responsible for |
| 12 | | all costs associated with the modification of the uniform and |
| 13 | | the student shall not be required to receive prior approval |
| 14 | | from the board for such modification. However, nothing in this |
| 15 | | Section prohibits a school from providing the modification to |
| 16 | | the student. |
| 17 | | (b) At a minimum, any modification of the athletic or team |
| 18 | | uniform must not interfere with the movement of the student or |
| 19 | | pose a safety hazard to the student or to other athletes or |
| 20 | | players. The modification of headgear is permitted if the |
| 21 | | headgear: |
| 22 | | (1) is black, white, the predominant predominate color |
| 23 | | of the uniform, or the same color for all players on the |
| 24 | | team; |
| 25 | | (2) does not cover any part of the face; |
|
| | HB5501 | - 1168 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | student may be individually identified,
maintained by a school |
| 2 | | or at its direction or by an employee of a
school, regardless |
| 3 | | of how or where the information is stored.
The following shall |
| 4 | | not be deemed school student records under
this Act: writings |
| 5 | | or other recorded information maintained by an
employee of a |
| 6 | | school or other person at the direction of a school for his or
|
| 7 | | her exclusive use; provided that all such writings and other |
| 8 | | recorded
information are destroyed not later than the |
| 9 | | student's graduation or permanent
withdrawal from the school; |
| 10 | | and provided further that no such records or
recorded |
| 11 | | information may be released or disclosed to any person except |
| 12 | | a person
designated by the school as
a substitute unless they |
| 13 | | are first incorporated
in a school student record and made |
| 14 | | subject to all of the
provisions of this Act.
School student |
| 15 | | records shall not include information maintained by
law |
| 16 | | enforcement professionals working in the school.
|
| 17 | | (e) "Student Permanent Record" means the minimum personal
|
| 18 | | information necessary to a school in the education of the |
| 19 | | student
and contained in a school student record. Such |
| 20 | | information
may include the student's name, birth date, |
| 21 | | address, grades
and grade level, parents' names and addresses, |
| 22 | | attendance
records, and such other entries as the State Board |
| 23 | | may
require or authorize.
|
| 24 | | (f) "Student Temporary Record" means all information |
| 25 | | contained in
a school student record but not contained in
the |
| 26 | | student permanent record. Such information may include
family |
|
| | HB5501 | - 1169 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | background information, intelligence test scores, aptitude
|
| 2 | | test scores, psychological and personality test results, |
| 3 | | teacher
evaluations, and other information of clear relevance |
| 4 | | to the
education of the student, all subject to regulations of |
| 5 | | the State Board.
The information shall include information |
| 6 | | provided under Section 8.6 of the
Abused and Neglected Child |
| 7 | | Reporting Act and information contained in service logs |
| 8 | | maintained by a local education agency under subsection (d) of |
| 9 | | Section 14-8.02f of the School Code.
In addition, the student |
| 10 | | temporary record shall include information regarding
serious |
| 11 | | disciplinary infractions that resulted in expulsion, |
| 12 | | suspension, or the
imposition of punishment or sanction. For |
| 13 | | purposes of this provision, serious
disciplinary infractions |
| 14 | | means: infractions involving drugs, weapons, or bodily
harm to |
| 15 | | another.
|
| 16 | | (g) "Parent" means a person who is the natural parent of |
| 17 | | the
student or other person who has the primary responsibility |
| 18 | | for the
care and upbringing of the student. All rights and |
| 19 | | privileges accorded
to a parent under this Act shall become |
| 20 | | exclusively those of the student
upon his 18th birthday, |
| 21 | | graduation from secondary school, marriage
or entry into |
| 22 | | military service, whichever occurs first. Such
rights and |
| 23 | | privileges may also be exercised by the student
at any time |
| 24 | | with respect to the student's permanent school record.
|
| 25 | | (Source: P.A. 101-515, eff. 8-23-19; 102-558, eff. 8-20-21.)
|
|
| | HB5501 | - 1170 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Text of Section after amendment by P.A. 102-199 but |
| 2 | | before amendment by P.A. 102-466) |
| 3 | | Sec. 2.
As used in this Act:
|
| 4 | | (a) "Student" means any person enrolled or previously |
| 5 | | enrolled in a school.
|
| 6 | | (b) "School" means any public preschool, day care center,
|
| 7 | | kindergarten, nursery, elementary or secondary educational |
| 8 | | institution,
vocational school, special educational facility |
| 9 | | or any other elementary or
secondary educational agency or |
| 10 | | institution and any person, agency or
institution which |
| 11 | | maintains school student records from more than one school,
|
| 12 | | but does not include a private or non-public school.
|
| 13 | | (c) "State Board" means the State Board of Education.
|
| 14 | | (d) "School Student Record" means any writing or
other |
| 15 | | recorded information concerning a student
and by which a |
| 16 | | student may be individually identified,
maintained by a school |
| 17 | | or at its direction or by an employee of a
school, regardless |
| 18 | | of how or where the information is stored.
The following shall |
| 19 | | not be deemed school student records under
this Act: writings |
| 20 | | or other recorded information maintained by an
employee of a |
| 21 | | school or other person at the direction of a school for his or
|
| 22 | | her exclusive use; provided that all such writings and other |
| 23 | | recorded
information are destroyed not later than the |
| 24 | | student's graduation or permanent
withdrawal from the school; |
| 25 | | and provided further that no such records or
recorded |
| 26 | | information may be released or disclosed to any person except |
|
| | HB5501 | - 1171 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a person
designated by the school as
a substitute unless they |
| 2 | | are first incorporated
in a school student record and made |
| 3 | | subject to all of the
provisions of this Act.
School student |
| 4 | | records shall not include information maintained by
law |
| 5 | | enforcement professionals working in the school.
|
| 6 | | (e) "Student Permanent Record" means the minimum personal
|
| 7 | | information necessary to a school in the education of the |
| 8 | | student
and contained in a school student record. Such |
| 9 | | information
may include the student's name, birth date, |
| 10 | | address, grades
and grade level, parents' names and addresses, |
| 11 | | attendance
records, and such other entries as the State Board |
| 12 | | may
require or authorize.
|
| 13 | | (f) "Student Temporary Record" means all information |
| 14 | | contained in
a school student record but not contained in
the |
| 15 | | student permanent record. Such information may include
family |
| 16 | | background information, intelligence test scores, aptitude
|
| 17 | | test scores, psychological and personality test results, |
| 18 | | teacher
evaluations, and other information of clear relevance |
| 19 | | to the
education of the student, all subject to regulations of |
| 20 | | the State Board.
The information shall include information |
| 21 | | provided under Section 8.6 of the
Abused and Neglected Child |
| 22 | | Reporting Act and information contained in service logs |
| 23 | | maintained by a local education agency under subsection (d) of |
| 24 | | Section 14-8.02f of the School Code.
In addition, the student |
| 25 | | temporary record shall include information regarding
serious |
| 26 | | disciplinary infractions that resulted in expulsion, |
|
| | HB5501 | - 1172 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | suspension, or the
imposition of punishment or sanction. For |
| 2 | | purposes of this provision, serious
disciplinary infractions |
| 3 | | means: infractions involving drugs, weapons, or bodily
harm to |
| 4 | | another.
|
| 5 | | (g) "Parent" means a person who is the natural parent of |
| 6 | | the
student or other person who has the primary responsibility |
| 7 | | for the
care and upbringing of the student. All rights and |
| 8 | | privileges accorded
to a parent under this Act shall become |
| 9 | | exclusively those of the student
upon his 18th birthday, |
| 10 | | graduation from secondary school, marriage
or entry into |
| 11 | | military service, whichever occurs first. Such
rights and |
| 12 | | privileges may also be exercised by the student
at any time |
| 13 | | with respect to the student's permanent school record.
|
| 14 | | (h) "Department" means the Department of Children and |
| 15 | | Family Services. |
| 16 | | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; |
| 17 | | 102-558, eff. 8-20-21.)
|
| 18 | | (Text of Section after amendment by P.A. 102-466) |
| 19 | | Sec. 2.
As used in this Act:
|
| 20 | | (a) "Student" means any person enrolled or previously |
| 21 | | enrolled in a school.
|
| 22 | | (b) "School" means any public preschool, day care center,
|
| 23 | | kindergarten, nursery, elementary or secondary educational |
| 24 | | institution,
vocational school, special educational facility |
| 25 | | or any other elementary or
secondary educational agency or |
|
| | HB5501 | - 1173 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | institution and any person, agency or
institution which |
| 2 | | maintains school student records from more than one school,
|
| 3 | | but does not include a private or non-public school.
|
| 4 | | (c) "State Board" means the State Board of Education.
|
| 5 | | (d) "School Student Record" means any writing or
other |
| 6 | | recorded information concerning a student
and by which a |
| 7 | | student may be individually identified,
maintained by a school |
| 8 | | or at its direction or by an employee of a
school, regardless |
| 9 | | of how or where the information is stored.
The following shall |
| 10 | | not be deemed school student records under
this Act: writings |
| 11 | | or other recorded information maintained by an
employee of a |
| 12 | | school or other person at the direction of a school for his or
|
| 13 | | her exclusive use; provided that all such writings and other |
| 14 | | recorded
information are destroyed not later than the |
| 15 | | student's graduation or permanent
withdrawal from the school; |
| 16 | | and provided further that no such records or
recorded |
| 17 | | information may be released or disclosed to any person except |
| 18 | | a person
designated by the school as
a substitute unless they |
| 19 | | are first incorporated
in a school student record and made |
| 20 | | subject to all of the
provisions of this Act.
School student |
| 21 | | records shall not include information maintained by
law |
| 22 | | enforcement professionals working in the school.
|
| 23 | | (e) "Student Permanent Record" means the minimum personal
|
| 24 | | information necessary to a school in the education of the |
| 25 | | student
and contained in a school student record. Such |
| 26 | | information
may include the student's name, birth date, |
|
| | HB5501 | - 1174 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | address, grades
and grade level, parents' names and addresses, |
| 2 | | attendance
records, and such other entries as the State Board |
| 3 | | may
require or authorize.
|
| 4 | | (f) "Student Temporary Record" means all information |
| 5 | | contained in
a school student record but not contained in
the |
| 6 | | student permanent record. Such information may include
family |
| 7 | | background information, intelligence test scores, aptitude
|
| 8 | | test scores, psychological and personality test results, |
| 9 | | teacher
evaluations, and other information of clear relevance |
| 10 | | to the
education of the student, all subject to regulations of |
| 11 | | the State Board.
The information shall include all of the |
| 12 | | following: |
| 13 | | (1) Information provided under Section 8.6 of the
|
| 14 | | Abused and Neglected Child Reporting Act and information |
| 15 | | contained in service logs maintained by a local education |
| 16 | | agency under subsection (d) of Section 14-8.02f of the |
| 17 | | School Code.
|
| 18 | | (2) Information regarding
serious disciplinary |
| 19 | | infractions that resulted in expulsion, suspension, or the
|
| 20 | | imposition of punishment or sanction. For purposes of this |
| 21 | | provision, serious
disciplinary infractions means: |
| 22 | | infractions involving drugs, weapons, or bodily
harm to |
| 23 | | another.
|
| 24 | | (3) Information concerning a student's status and
|
| 25 | | related experiences as a parent, expectant parent, or
|
| 26 | | victim of domestic or sexual violence, as defined in
|
|
| | HB5501 | - 1175 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Article 26A of the School Code, including a statement of
|
| 2 | | the student or any other documentation, record, or
|
| 3 | | corroborating evidence and the fact that the student has
|
| 4 | | requested or obtained assistance, support, or
services |
| 5 | | related to that status. Enforcement of this
paragraph (3) |
| 6 | | shall follow the procedures provided in
Section 26A-40 of |
| 7 | | the School Code. |
| 8 | | (g) "Parent" means a person who is the natural parent of |
| 9 | | the
student or other person who has the primary responsibility |
| 10 | | for the
care and upbringing of the student. All rights and |
| 11 | | privileges accorded
to a parent under this Act shall become |
| 12 | | exclusively those of the student
upon his 18th birthday, |
| 13 | | graduation from secondary school, marriage
or entry into |
| 14 | | military service, whichever occurs first. Such
rights and |
| 15 | | privileges may also be exercised by the student
at any time |
| 16 | | with respect to the student's permanent school record.
|
| 17 | | (h) "Department" means the Department of Children and |
| 18 | | Family Services. |
| 19 | | (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22; |
| 20 | | 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; revised 10-8-21.)
|
| 21 | | (105 ILCS 10/6) (from Ch. 122, par. 50-6)
|
| 22 | | (Text of Section before amendment by P.A. 102-199) |
| 23 | | Sec. 6. (a) No school student records or information
|
| 24 | | contained therein may be released, transferred, disclosed or |
| 25 | | otherwise
disseminated, except as follows:
|
|
| | HB5501 | - 1176 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) to a parent or student or person specifically
|
| 2 | | designated as a representative by a parent, as provided in |
| 3 | | paragraph (a)
of Section 5;
|
| 4 | | (2) to an employee or official of the school or
school |
| 5 | | district or State Board with current demonstrable |
| 6 | | educational
or administrative interest in the student, in |
| 7 | | furtherance of such interest;
|
| 8 | | (3) to the official records custodian of another |
| 9 | | school within
Illinois or an official with similar |
| 10 | | responsibilities of a school
outside Illinois, in which |
| 11 | | the student has enrolled, or intends to enroll,
upon the |
| 12 | | request of such official or student;
|
| 13 | | (4) to any person for the purpose of research,
|
| 14 | | statistical reporting, or planning, provided that such |
| 15 | | research, statistical reporting, or planning is |
| 16 | | permissible under and undertaken in accordance with the |
| 17 | | federal Family Educational Rights and Privacy Act (20 |
| 18 | | U.S.C. 1232g);
|
| 19 | | (5) pursuant to a court order, provided that the
|
| 20 | | parent shall be given prompt written notice upon receipt
|
| 21 | | of such order of the terms of the order, the nature and
|
| 22 | | substance of the information proposed to be released
in |
| 23 | | compliance with such order and an opportunity to
inspect |
| 24 | | and copy the school student records and to
challenge their |
| 25 | | contents pursuant to Section 7;
|
| 26 | | (6) to any person as specifically required by State
or |
|
| | HB5501 | - 1177 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | federal law;
|
| 2 | | (6.5) to juvenile authorities
when necessary for the |
| 3 | | discharge of their official duties
who request information |
| 4 | | prior to
adjudication of the student and who certify in |
| 5 | | writing that the information
will not be disclosed to any |
| 6 | | other party except as provided under law or order
of |
| 7 | | court. For purposes of this Section "juvenile authorities" |
| 8 | | means:
(i) a judge of
the circuit court and members of the |
| 9 | | staff of the court designated by the
judge; (ii) parties |
| 10 | | to the proceedings under the Juvenile Court Act of 1987 |
| 11 | | and
their attorneys; (iii) probation
officers and court |
| 12 | | appointed advocates for the juvenile authorized by the |
| 13 | | judge
hearing the case; (iv) any individual, public or |
| 14 | | private agency having custody
of the child pursuant to |
| 15 | | court order; (v) any individual, public or private
agency |
| 16 | | providing education, medical or mental health service to |
| 17 | | the child when
the requested information is needed to |
| 18 | | determine the appropriate service or
treatment for the |
| 19 | | minor; (vi) any potential placement provider when such
|
| 20 | | release
is authorized by the court for the limited purpose |
| 21 | | of determining the
appropriateness of the potential |
| 22 | | placement; (vii) law enforcement officers and
prosecutors;
|
| 23 | | (viii) adult and juvenile prisoner review boards; (ix) |
| 24 | | authorized military
personnel; (x)
individuals authorized |
| 25 | | by court;
|
| 26 | | (7) subject to regulations of the State Board,
in |
|
| | HB5501 | - 1178 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | connection with an emergency, to appropriate persons
if |
| 2 | | the knowledge of such information is necessary to protect
|
| 3 | | the health or safety of the student or other
persons;
|
| 4 | | (8) to any person, with the prior specific dated
|
| 5 | | written consent of the parent designating the person
to |
| 6 | | whom the records may be released, provided that at
the |
| 7 | | time any such consent is requested or obtained,
the parent |
| 8 | | shall be advised in writing that he has the right
to |
| 9 | | inspect and copy such records in accordance with Section |
| 10 | | 5, to
challenge their contents in accordance with Section |
| 11 | | 7 and to limit any such
consent to
designated records or |
| 12 | | designated portions of the information contained
therein;
|
| 13 | | (9) to a governmental agency, or social service agency |
| 14 | | contracted by a
governmental agency, in furtherance of an |
| 15 | | investigation of a student's school
attendance pursuant to |
| 16 | | the compulsory student attendance laws of this State,
|
| 17 | | provided that the records are released to the employee or |
| 18 | | agent designated by
the agency;
|
| 19 | | (10) to those SHOCAP committee members who fall within |
| 20 | | the meaning of
"state and local officials and |
| 21 | | authorities", as those terms are used within the
meaning |
| 22 | | of the federal Family Educational Rights and Privacy Act, |
| 23 | | for
the
purposes of identifying serious habitual juvenile |
| 24 | | offenders and matching those
offenders with community |
| 25 | | resources pursuant to Section 5-145 of the Juvenile
Court |
| 26 | | Act of 1987, but only to the extent that the release, |
|
| | HB5501 | - 1179 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | transfer,
disclosure, or dissemination is consistent with |
| 2 | | the Family Educational Rights
and Privacy Act;
|
| 3 | | (11) to the Department of Healthcare and Family |
| 4 | | Services in furtherance of the
requirements of Section |
| 5 | | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or |
| 6 | | Section 10 of the School Breakfast and Lunch
Program Act; |
| 7 | | or
|
| 8 | | (12) to the State Board or another State government |
| 9 | | agency or between or among State government agencies in |
| 10 | | order to evaluate or audit federal and State programs or |
| 11 | | perform research and planning, but only to the extent that |
| 12 | | the release, transfer, disclosure, or dissemination is |
| 13 | | consistent with the federal Family Educational Rights and |
| 14 | | Privacy Act (20 U.S.C. 1232g); or . |
| 15 | | (13) under Under an intergovernmental agreement if an |
| 16 | | elementary school district and a high school district have |
| 17 | | attendance boundaries that overlap and are parties to an |
| 18 | | intergovernmental agreement that allows the sharing of |
| 19 | | student records and information between the districts. |
| 20 | | However, the sharing of student information is allowed |
| 21 | | under an intergovernmental agreement only if the |
| 22 | | intergovernmental agreement meets all of the following |
| 23 | | requirements: |
| 24 | | (A) The sharing of student information must be |
| 25 | | voluntary and at the discretion of each school |
| 26 | | district that is a party to the agreement. |
|
| | HB5501 | - 1180 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (B) The sharing of student information applies |
| 2 | | only to students who have been enrolled in both |
| 3 | | districts or would be enrolled in both districts based |
| 4 | | on district attendance boundaries, and the student's |
| 5 | | parent or guardian has expressed in writing that the |
| 6 | | student intends to enroll or has enrolled in the high |
| 7 | | school district. |
| 8 | | (C) The sharing of student information does not |
| 9 | | exceed the scope of information that is shared among |
| 10 | | schools in a unit school district. However, the terms |
| 11 | | of an intergovernmental agreement may place further |
| 12 | | limitations on the information that is allowed to be |
| 13 | | shared. |
| 14 | | (b) No information may be released pursuant to |
| 15 | | subparagraph (3) or
(6) of paragraph (a) of this Section 6 |
| 16 | | unless the parent receives
prior written notice of the nature |
| 17 | | and substance of the information
proposed to be released, and |
| 18 | | an opportunity to inspect
and copy such records in accordance |
| 19 | | with Section 5 and to
challenge their contents in accordance |
| 20 | | with Section 7. Provided, however,
that such notice shall be |
| 21 | | sufficient if published in a local newspaper of
general |
| 22 | | circulation or other publication directed generally to the |
| 23 | | parents
involved where the proposed release of information is |
| 24 | | pursuant to
subparagraph (6) of paragraph (a) of this Section |
| 25 | | 6 and relates to more
than 25 students.
|
| 26 | | (c) A record of any release of information pursuant
to |
|
| | HB5501 | - 1181 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this Section must be made and kept as a part of the
school |
| 2 | | student record and subject to the access granted by Section 5.
|
| 3 | | Such record of release shall be maintained for the life of the
|
| 4 | | school student records and shall be available only to the |
| 5 | | parent
and the official records custodian.
Each record of |
| 6 | | release shall also include:
|
| 7 | | (1) the nature and substance of the information |
| 8 | | released;
|
| 9 | | (2) the name and signature of the official records
|
| 10 | | custodian releasing such information;
|
| 11 | | (3) the name of the person requesting such |
| 12 | | information,
the capacity in which such a request has been |
| 13 | | made, and the purpose of such
request;
|
| 14 | | (4) the date of the release; and
|
| 15 | | (5) a copy of any consent to such release.
|
| 16 | | (d) Except for the student and his parents, no person
to |
| 17 | | whom information is released pursuant to this Section
and no |
| 18 | | person specifically designated as a representative by a parent
|
| 19 | | may permit any other person to have access to such information |
| 20 | | without a prior
consent of the parent obtained in accordance |
| 21 | | with the requirements
of subparagraph (8) of paragraph (a) of |
| 22 | | this Section.
|
| 23 | | (e) Nothing contained in this Act shall prohibit the
|
| 24 | | publication of student directories which list student names, |
| 25 | | addresses
and other identifying information and similar |
| 26 | | publications which
comply with regulations issued by the State |
|
| | HB5501 | - 1182 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Board.
|
| 2 | | (Source: P.A. 102-557, eff. 8-20-21; revised 10-14-21.)
|
| 3 | | (Text of Section after amendment by P.A. 102-199)
|
| 4 | | Sec. 6. (a) No school student records or information
|
| 5 | | contained therein may be released, transferred, disclosed or |
| 6 | | otherwise
disseminated, except as follows:
|
| 7 | | (1) to a parent or student or person specifically
|
| 8 | | designated as a representative by a parent, as provided in |
| 9 | | paragraph (a)
of Section 5;
|
| 10 | | (2) to an employee or official of the school or
school |
| 11 | | district or State Board with current demonstrable |
| 12 | | educational
or administrative interest in the student, in |
| 13 | | furtherance of such interest;
|
| 14 | | (3) to the official records custodian of another |
| 15 | | school within
Illinois or an official with similar |
| 16 | | responsibilities of a school
outside Illinois, in which |
| 17 | | the student has enrolled, or intends to enroll,
upon the |
| 18 | | request of such official or student;
|
| 19 | | (4) to any person for the purpose of research,
|
| 20 | | statistical reporting, or planning, provided that such |
| 21 | | research, statistical reporting, or planning is |
| 22 | | permissible under and undertaken in accordance with the |
| 23 | | federal Family Educational Rights and Privacy Act (20 |
| 24 | | U.S.C. 1232g);
|
| 25 | | (5) pursuant to a court order, provided that the
|
|
| | HB5501 | - 1183 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | parent shall be given prompt written notice upon receipt
|
| 2 | | of such order of the terms of the order, the nature and
|
| 3 | | substance of the information proposed to be released
in |
| 4 | | compliance with such order and an opportunity to
inspect |
| 5 | | and copy the school student records and to
challenge their |
| 6 | | contents pursuant to Section 7;
|
| 7 | | (6) to any person as specifically required by State
or |
| 8 | | federal law;
|
| 9 | | (6.5) to juvenile authorities
when necessary for the |
| 10 | | discharge of their official duties
who request information |
| 11 | | prior to
adjudication of the student and who certify in |
| 12 | | writing that the information
will not be disclosed to any |
| 13 | | other party except as provided under law or order
of |
| 14 | | court. For purposes of this Section "juvenile authorities" |
| 15 | | means:
(i) a judge of
the circuit court and members of the |
| 16 | | staff of the court designated by the
judge; (ii) parties |
| 17 | | to the proceedings under the Juvenile Court Act of 1987 |
| 18 | | and
their attorneys; (iii) probation
officers and court |
| 19 | | appointed advocates for the juvenile authorized by the |
| 20 | | judge
hearing the case; (iv) any individual, public or |
| 21 | | private agency having custody
of the child pursuant to |
| 22 | | court order; (v) any individual, public or private
agency |
| 23 | | providing education, medical or mental health service to |
| 24 | | the child when
the requested information is needed to |
| 25 | | determine the appropriate service or
treatment for the |
| 26 | | minor; (vi) any potential placement provider when such
|
|
| | HB5501 | - 1184 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | release
is authorized by the court for the limited purpose |
| 2 | | of determining the
appropriateness of the potential |
| 3 | | placement; (vii) law enforcement officers and
prosecutors;
|
| 4 | | (viii) adult and juvenile prisoner review boards; (ix) |
| 5 | | authorized military
personnel; (x)
individuals authorized |
| 6 | | by court;
|
| 7 | | (7) subject to regulations of the State Board,
in |
| 8 | | connection with an emergency, to appropriate persons
if |
| 9 | | the knowledge of such information is necessary to protect
|
| 10 | | the health or safety of the student or other
persons;
|
| 11 | | (8) to any person, with the prior specific dated
|
| 12 | | written consent of the parent designating the person
to |
| 13 | | whom the records may be released, provided that at
the |
| 14 | | time any such consent is requested or obtained,
the parent |
| 15 | | shall be advised in writing that he has the right
to |
| 16 | | inspect and copy such records in accordance with Section |
| 17 | | 5, to
challenge their contents in accordance with Section |
| 18 | | 7 and to limit any such
consent to
designated records or |
| 19 | | designated portions of the information contained
therein;
|
| 20 | | (9) to a governmental agency, or social service agency |
| 21 | | contracted by a
governmental agency, in furtherance of an |
| 22 | | investigation of a student's school
attendance pursuant to |
| 23 | | the compulsory student attendance laws of this State,
|
| 24 | | provided that the records are released to the employee or |
| 25 | | agent designated by
the agency;
|
| 26 | | (10) to those SHOCAP committee members who fall within |
|
| | HB5501 | - 1185 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the meaning of
"state and local officials and |
| 2 | | authorities", as those terms are used within the
meaning |
| 3 | | of the federal Family Educational Rights and Privacy Act, |
| 4 | | for
the
purposes of identifying serious habitual juvenile |
| 5 | | offenders and matching those
offenders with community |
| 6 | | resources pursuant to Section 5-145 of the Juvenile
Court |
| 7 | | Act of 1987, but only to the extent that the release, |
| 8 | | transfer,
disclosure, or dissemination is consistent with |
| 9 | | the Family Educational Rights
and Privacy Act;
|
| 10 | | (11) to the Department of Healthcare and Family |
| 11 | | Services in furtherance of the
requirements of Section |
| 12 | | 2-3.131, 3-14.29, 10-28, or 34-18.26 of
the School Code or |
| 13 | | Section 10 of the School Breakfast and Lunch
Program Act;
|
| 14 | | (12) to the State Board or another State government |
| 15 | | agency or between or among State government agencies in |
| 16 | | order to evaluate or audit federal and State programs or |
| 17 | | perform research and planning, but only to the extent that |
| 18 | | the release, transfer, disclosure, or dissemination is |
| 19 | | consistent with the federal Family Educational Rights and |
| 20 | | Privacy Act (20 U.S.C. 1232g); or |
| 21 | | (12.5) (13) if the student is in the legal custody of |
| 22 | | the Department of Children and Family Services, to the |
| 23 | | Department's Office of Education and Transition Services; |
| 24 | | or . |
| 25 | | (13) under Under an intergovernmental agreement if an |
| 26 | | elementary school district and a high school district have |
|
| | HB5501 | - 1187 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and substance of the information
proposed to be released, and |
| 2 | | an opportunity to inspect
and copy such records in accordance |
| 3 | | with Section 5 and to
challenge their contents in accordance |
| 4 | | with Section 7. Provided, however,
that such notice shall be |
| 5 | | sufficient if published in a local newspaper of
general |
| 6 | | circulation or other publication directed generally to the |
| 7 | | parents
involved where the proposed release of information is |
| 8 | | pursuant to
subparagraph (6) of paragraph (a) of this Section |
| 9 | | 6 and relates to more
than 25 students.
|
| 10 | | (c) A record of any release of information pursuant
to |
| 11 | | this Section must be made and kept as a part of the
school |
| 12 | | student record and subject to the access granted by Section 5.
|
| 13 | | Such record of release shall be maintained for the life of the
|
| 14 | | school student records and shall be available only to the |
| 15 | | parent
and the official records custodian.
Each record of |
| 16 | | release shall also include:
|
| 17 | | (1) the nature and substance of the information |
| 18 | | released;
|
| 19 | | (2) the name and signature of the official records
|
| 20 | | custodian releasing such information;
|
| 21 | | (3) the name of the person requesting such |
| 22 | | information,
the capacity in which such a request has been |
| 23 | | made, and the purpose of such
request;
|
| 24 | | (4) the date of the release; and
|
| 25 | | (5) a copy of any consent to such release.
|
| 26 | | (d) Except for the student and his or her parents or, if |
|
| | HB5501 | - 1188 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | applicable, the Department's Office of Education and |
| 2 | | Transition Services, no person
to whom information is released |
| 3 | | pursuant to this Section
and no person specifically designated |
| 4 | | as a representative by a parent
may permit any other person to |
| 5 | | have access to such information without a prior
consent of the |
| 6 | | parent obtained in accordance with the requirements
of |
| 7 | | subparagraph (8) of paragraph (a) of this Section.
|
| 8 | | (e) Nothing contained in this Act shall prohibit the
|
| 9 | | publication of student directories which list student names, |
| 10 | | addresses
and other identifying information and similar |
| 11 | | publications which
comply with regulations issued by the State |
| 12 | | Board.
|
| 13 | | (Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21; |
| 14 | | revised 10-14-21.)
|
| 15 | | Section 320. The Higher Education Veterans Service Act is |
| 16 | | amended by changing Section 15 as follows:
|
| 17 | | (110 ILCS 49/15)
|
| 18 | | Sec. 15. Survey; coordinator; best practices report; best |
| 19 | | efforts.
|
| 20 | | (a) All public colleges and universities shall, within 60 |
| 21 | | days after the effective date of this Act, conduct a survey of |
| 22 | | the services and programs that are provided for veterans, |
| 23 | | active duty military personnel, and their families, at each of |
| 24 | | their respective campuses. This survey shall enumerate and |
|
| | HB5501 | - 1189 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fully describe the service or program that is available, the |
| 2 | | number of veterans or active duty personnel using the service |
| 3 | | or program, an estimated range for potential use within a |
| 4 | | 5-year and 10-year period, information on the location of the |
| 5 | | service or program, and how its administrators may be |
| 6 | | contacted. The survey shall indicate the manner or manners in |
| 7 | | which a student veteran may avail himself or herself of the |
| 8 | | program's services. This survey must be made available to all |
| 9 | | veterans matriculating at the college or university in the |
| 10 | | form of an orientation-related guidebook. |
| 11 | | Each public college and university shall make the survey |
| 12 | | available on the homepage of all campus Internet links as soon |
| 13 | | as practical after the completion of the survey. As soon as |
| 14 | | possible after the completion of the survey, each public |
| 15 | | college and university shall provide a copy of its survey to |
| 16 | | the following: |
| 17 | | (1) the Board of Higher Education; |
| 18 | | (2) the Department of Veterans' Affairs; |
| 19 | | (3) the President and Minority Leader of the Senate |
| 20 | | and the Speaker and Minority Leader of the House of |
| 21 | | Representatives; and |
| 22 | | (4) the Governor. |
| 23 | | (b) Each public college and university shall, at its |
| 24 | | discretion, (i) appoint, within 6 months after August 7, 2009 |
| 25 | | (the effective date of this Act), an existing employee or (ii) |
| 26 | | hire a new employee to serve as a Coordinator of Veterans and |
|
| | HB5501 | - 1190 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Military Personnel Student Services on each campus of the |
| 2 | | college or university that has an onsite, daily, full-time |
| 3 | | student headcount above 1,000 students. |
| 4 | | The Coordinator of Veterans and Military Personnel Student |
| 5 | | Services shall be an ombudsperson serving the specific needs |
| 6 | | of student veterans and military personnel and their families |
| 7 | | and shall serve as an advocate before the administration of |
| 8 | | the college or university for the needs of student veterans. |
| 9 | | The college or university shall enable the Coordinator of |
| 10 | | Veterans and Military Personnel Student Services to |
| 11 | | communicate directly with the senior executive administration |
| 12 | | of the college or university periodically. The college or |
| 13 | | university shall retain unfettered discretion to determine the |
| 14 | | organizational management structure of its institution. |
| 15 | | In addition to any responsibilities the college or |
| 16 | | university may assign, the Coordinator of Veterans and |
| 17 | | Military Personnel Student Services shall make its best |
| 18 | | efforts to create a centralized source for student veterans |
| 19 | | and military personnel to learn how to receive all benefit |
| 20 | | programs and services for which they are eligible. |
| 21 | | Each college and university campus that is required to |
| 22 | | have a Coordinator of Veterans and Military Personnel Student |
| 23 | | Services shall regularly and conspicuously advertise the |
| 24 | | office location and phone number of and Internet access to the |
| 25 | | Coordinator of Veterans and Military Personnel Student |
| 26 | | Services, along with a brief summary of the manner in which he |
|
| | HB5501 | - 1191 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or she can assist student veterans. The advertisement shall |
| 2 | | include, but is not necessarily limited to, the following: |
| 3 | | (1) advertisements on each campus' Internet home page; |
| 4 | | (2) any promotional mailings for student application; |
| 5 | | and |
| 6 | | (3) the website and any social media accounts of the |
| 7 | | public college or university. |
| 8 | | The Coordinator of Veterans and Military Personnel Student |
| 9 | | Services shall facilitate other campus offices with the |
| 10 | | promotion of programs and services that are available. |
| 11 | | (c) Upon receipt of all of the surveys under subsection |
| 12 | | (a) of this Section, the Board of Higher Education and the |
| 13 | | Department of Veterans' Affairs shall conduct a joint review |
| 14 | | of the surveys. The Department of Veterans' Affairs shall |
| 15 | | post, on any Internet home page it may operate, a link to each |
| 16 | | survey as posted on the Internet website for the college or |
| 17 | | university. The Board of Higher Education shall post, on any |
| 18 | | Internet home page it may operate, a link to each survey as |
| 19 | | posted on the Internet website for the college or university |
| 20 | | or an annual report or document containing survey information |
| 21 | | for each college or university. Upon receipt of all of the |
| 22 | | surveys, the Office of the Governor, through its military |
| 23 | | affairs advisors, shall similarly conduct a review of the |
| 24 | | surveys. Following its review of the surveys, the Office of |
| 25 | | the Governor shall submit an evaluation report to each college |
| 26 | | and university offering suggestions and insight on the conduct |
|
| | HB5501 | - 1192 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of student veteran-related policies and programs. |
| 2 | | (d) The Board of Higher Education and the Department of |
| 3 | | Veterans' Affairs may issue a best practices report to |
| 4 | | highlight those programs and services that are most beneficial |
| 5 | | to veterans and active duty military personnel. The report |
| 6 | | shall contain a fiscal needs assessment in conjunction with |
| 7 | | any program recommendations. |
| 8 | | (e) Each college and university campus that is required to |
| 9 | | have a Coordinator of Veterans and Military Personnel Student |
| 10 | | Services under subsection (b) of this Section shall make its |
| 11 | | best efforts to create academic and social programs and |
| 12 | | services for veterans and active duty military personnel that |
| 13 | | will provide reasonable opportunities for academic performance |
| 14 | | and success. |
| 15 | | Each public college and university shall make its best |
| 16 | | efforts to determine how its online educational curricula can |
| 17 | | be expanded or altered to serve the needs of student veterans |
| 18 | | and currently deployed currently-deployed military, including |
| 19 | | a determination of whether and to what extent the public |
| 20 | | colleges and universities can share existing technologies to |
| 21 | | improve the online curricula of peer institutions, provided |
| 22 | | such efforts are both practically and economically feasible.
|
| 23 | | (Source: P.A. 102-278, eff. 8-6-21; 102-295, eff. 8-6-21; |
| 24 | | 102-558, eff. 8-20-21; revised 10-18-21.)
|
| 25 | | Section 325. The Mental Health Early Action on Campus Act |
|
| | HB5501 | - 1194 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | based on documented best practices. |
| 2 | | (5) Three years after the effective date of this Act, |
| 3 | | implement an online screening tool to raise awareness and |
| 4 | | establish a mechanism to link or refer students of the |
| 5 | | public college or university to services. Screenings and |
| 6 | | resources must be available year round for students and, |
| 7 | | at a minimum, must (i) include validated screening tools |
| 8 | | for depression, an anxiety disorder, an eating disorder, |
| 9 | | substance use, alcohol-use disorder, post-traumatic stress |
| 10 | | disorder, and bipolar disorder, (ii) provide resources for |
| 11 | | immediate connection to services, if indicated, including |
| 12 | | emergency resources, (iii) provide general information |
| 13 | | about all mental health-related resources available to |
| 14 | | students of the public college or university, and (iv) |
| 15 | | function anonymously. |
| 16 | | (6) At least once per term and at times of high |
| 17 | | academic stress, including midterm or final examinations, |
| 18 | | provide students information regarding online screenings |
| 19 | | and resources.
|
| 20 | | (Source: P.A. 101-251, eff. 7-1-20.)
|
| 21 | | (Text of Section after amendment by P.A. 102-373 and P.A. |
| 22 | | 102-416) |
| 23 | | Sec. 25. Awareness. To raise mental health awareness on |
| 24 | | college campuses, each public college or university must do |
| 25 | | all of the following: |
|
| | HB5501 | - 1195 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) Develop and implement an annual student |
| 2 | | orientation session aimed at raising awareness about |
| 3 | | mental health conditions. |
| 4 | | (2) Assess courses and seminars available to students |
| 5 | | through their regular academic experiences and implement |
| 6 | | mental health awareness curricula if opportunities for |
| 7 | | integration exist. |
| 8 | | (3) Create and feature a page on its website or mobile |
| 9 | | application with information dedicated solely to the |
| 10 | | mental health resources available to students at the |
| 11 | | public college or university and in the surrounding |
| 12 | | community. |
| 13 | | (4) Distribute messages related to mental health |
| 14 | | resources that encourage help-seeking behavior through the |
| 15 | | online learning platform of the public college or |
| 16 | | university during high stress periods of the academic |
| 17 | | year, including, but not limited to, midterm or final |
| 18 | | examinations. These stigma-reducing strategies must be |
| 19 | | based on documented best practices. |
| 20 | | (5) Three years after the effective date of this Act, |
| 21 | | implement an online screening tool to raise awareness and |
| 22 | | establish a mechanism to link or refer students of the |
| 23 | | public college or university to services. Screenings and |
| 24 | | resources must be available year round for students and, |
| 25 | | at a minimum, must (i) include validated screening tools |
| 26 | | for depression, an anxiety disorder, an eating disorder, |
|
| | HB5501 | - 1196 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | substance use, alcohol-use disorder, post-traumatic stress |
| 2 | | disorder, and bipolar disorder, (ii) provide resources for |
| 3 | | immediate connection to services, if indicated, including |
| 4 | | emergency resources, (iii) provide general information |
| 5 | | about all mental health-related resources available to |
| 6 | | students of the public college or university, and (iv) |
| 7 | | function anonymously. |
| 8 | | (6) At least once per term and at times of high |
| 9 | | academic stress, including midterm or final examinations, |
| 10 | | provide students information regarding online screenings |
| 11 | | and resources.
|
| 12 | | (7) Provide contact information for the National |
| 13 | | Suicide Prevention Lifeline (988), for the Crisis Text |
| 14 | | Line, and a local suicide prevention hotline, and for the |
| 15 | | mental health counseling center or program of the public |
| 16 | | college or university on the back of each student |
| 17 | | identification card issued by the public college or |
| 18 | | university after July 1, 2022 (the effective date of |
| 19 | | Public Act 102-373) this amendatory Act of the 102nd |
| 20 | | General Assembly if the public college or university |
| 21 | | issues student identification cards. If the public college |
| 22 | | or university does not issue student identification cards |
| 23 | | to its students, the public college or university must |
| 24 | | publish the contact information on its website. The |
| 25 | | contact information shall identify each helpline that may |
| 26 | | be contacted through text messaging. The contact |
|
| | HB5501 | - 1197 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | information shall be included in the public college's or |
| 2 | | university's student handbook and also the student planner |
| 3 | | if a student planner is custom printed by the public |
| 4 | | college or university for distribution to students. |
| 5 | | (Source: P.A. 101-251, eff. 7-1-20; 102-373, eff. 7-1-22; |
| 6 | | 102-416, eff. 7-1-22; revised 9-21-21.)
|
| 7 | | Section 330. The University of Illinois Act is amended by |
| 8 | | setting forth, renumbering, and changing multiple
versions of |
| 9 | | Section 120 as follows:
|
| 10 | | (110 ILCS 305/120)
|
| 11 | | Sec. 120. Modification of athletic or team uniform |
| 12 | | permitted. |
| 13 | | (a) The Board of Trustees must allow a student athlete to |
| 14 | | modify his or her athletic or team uniform due to the |
| 15 | | observance of modesty in clothing or attire in accordance with |
| 16 | | the requirements of his or her religion or his or her cultural |
| 17 | | values or modesty preferences. The modification of the |
| 18 | | athletic or team uniform may include, but is not limited to, |
| 19 | | the wearing of a hijab, an undershirt, or leggings. If a |
| 20 | | student chooses to modify his or her athletic or team uniform, |
| 21 | | the student is responsible for all costs associated with the |
| 22 | | modification of the uniform and the student shall not be |
| 23 | | required to receive prior approval from the Board of Trustees |
| 24 | | for such modification. However, nothing in this Section |
|
| | HB5501 | - 1201 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and medical leave under the same terms and conditions as leave |
| 2 | | provided to eligible employees under the federal Family and |
| 3 | | Medical Leave Act of 1993.
|
| 4 | | (Source: P.A. 102-335, eff. 1-1-22; revised 10-21-21.)
|
| 5 | | (110 ILCS 305/145)
|
| 6 | | (Section scheduled to be repealed on January 1, 2023) |
| 7 | | Sec. 145 120. Carbon capture, utilization, and storage |
| 8 | | report. |
| 9 | | (a) Subject to appropriation, the Prairie Research |
| 10 | | Institute at the University of Illinois at Urbana-Champaign, |
| 11 | | in consultation with an intergovernmental advisory committee, |
| 12 | | must file a report on the potential for carbon capture, |
| 13 | | utilization, and storage as a climate mitigation technology |
| 14 | | throughout Illinois with the Governor and the General Assembly |
| 15 | | no later than December 31, 2022. The report shall provide an |
| 16 | | assessment of Illinois subsurface storage resources, a |
| 17 | | description of existing and selected subsurface storage |
| 18 | | projects, and best practices for carbon storage. Additionally, |
| 19 | | the report shall provide recommendations for policy and |
| 20 | | regulatory needs at the State level based on its findings, and |
| 21 | | shall, at a minimum, address all the following areas: |
| 22 | | (1) carbon capture, utilization, and storage current |
| 23 | | status and future storage resource potential in the |
| 24 | | State; . Enhanced Oil Recovery shall remain outside the |
| 25 | | scope of this study; |
|
| | HB5501 | - 1202 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) procedures, standards, and safeguards for the |
| 2 | | storage of carbon dioxide; |
| 3 | | (3) permitting processes and the coordination with |
| 4 | | applicable federal law or regulatory commissions, |
| 5 | | including the Class VI injection well permitting process; |
| 6 | | (4) economic impact, job creation, and job retention |
| 7 | | from carbon capture, utilization, and storage that both |
| 8 | | protects the environment and supports short-term and |
| 9 | | long-term economic growth; |
| 10 | | (5) development of knowledge capacity of appropriate |
| 11 | | State agencies and stakeholders; |
| 12 | | (6) environmental justice and stakeholder issues |
| 13 | | related to carbon capture, utilization, and storage |
| 14 | | throughout the State; |
| 15 | | (7) leveraging federal policies and public-private |
| 16 | | partnerships for research, design, and development to |
| 17 | | benefit the State; |
| 18 | | (8) liability for the storage and monitoring |
| 19 | | maintenance of the carbon dioxide after the completion of |
| 20 | | a carbon capture, utilization, and storage project; |
| 21 | | (9) acquisition, ownership, and amalgamation of pore |
| 22 | | space for carbon capture, utilization, and storage; |
| 23 | | (10) methodologies to establish any necessary fees, |
| 24 | | costs, or offsets; and |
| 25 | | (11) any risks to health, safety, the environment, and |
| 26 | | property uses or values. |
|
| | HB5501 | - 1203 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b) In developing the report under this Section, the |
| 2 | | Prairie Research Institute shall form an advisory committee, |
| 3 | | which shall be composed of all the following members: |
| 4 | | (1) the Director of the Environmental Protection |
| 5 | | Agency, or his or her designee; |
| 6 | | (2) the Director of Natural Resources, or his or her |
| 7 | | designee; |
| 8 | | (3) the Director of Commerce and Economic Opportunity, |
| 9 | | or his or her designee; |
| 10 | | (4) the Director of the Illinois Emergency Management |
| 11 | | Agency, or his or her designee; |
| 12 | | (5) the Director of Agriculture, or his or her |
| 13 | | designee; |
| 14 | | (6) the Attorney General, or his or her designee; |
| 15 | | (7) one member of the Senate, appointed by the |
| 16 | | President of the Senate; |
| 17 | | (8) one member of the House of Representatives, |
| 18 | | appointed by the Speaker of the House of Representatives; |
| 19 | | (9) one member of the Senate, appointed by the |
| 20 | | Minority Leader of the Senate; and |
| 21 | | (10) one member of the House of Representatives, |
| 22 | | appointed by the Minority Leader of the House of |
| 23 | | Representatives. |
| 24 | | (c) No later than 60 days after August 13, 2021 (the |
| 25 | | effective date of Public Act 102-341) this amendatory Act of |
| 26 | | the 102nd General Assembly, the advisory committee shall hold |
|
| | HB5501 | - 1204 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | its first meeting at the call of the Executive Director of the |
| 2 | | Prairie Research Institute, at which meeting the members shall |
| 3 | | select a chairperson from among themselves. After its first |
| 4 | | meeting, the committee shall meet at the call of the |
| 5 | | chairperson. Members of the committee shall serve without |
| 6 | | compensation. The Prairie Research Committee shall provide |
| 7 | | administrative support to the committee. |
| 8 | | (d) The Prairie Research Institute shall also engage with |
| 9 | | interested stakeholders throughout the State to gain insights |
| 10 | | into socio-economic perspectives from environmental justice |
| 11 | | organizations, environmental non-governmental organizations, |
| 12 | | industry, landowners, farm bureaus, manufacturing, labor |
| 13 | | unions, and others. |
| 14 | | (e) This Section is repealed on January 1, 2023.
|
| 15 | | (Source: P.A. 102-341, eff. 8-13-21; revised 10-18-21.)
|
| 16 | | (110 ILCS 305/150)
|
| 17 | | Sec. 150 120. Undocumented Student Liaison; Undocumented |
| 18 | | Student Resource Center. |
| 19 | | (a) Beginning with the 2022-2023 academic year, the Board |
| 20 | | of Trustees shall designate an employee as an Undocumented |
| 21 | | Student Resource Liaison to be available on campus to provide |
| 22 | | assistance to undocumented students and mixed status students |
| 23 | | within the United States in streamlining access to financial |
| 24 | | aid and academic support to successfully matriculate to degree |
| 25 | | completion. The Undocumented Student Liaison shall provide |
|
| | HB5501 | - 1205 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | assistance to vocational students, undergraduate students,
|
| 2 | | graduate students, and professional-track students. An |
| 3 | | employee who is designated as an Undocumented Student Liaison |
| 4 | | must be knowledgeable about current legislation and policy |
| 5 | | changes through professional development with the Illinois |
| 6 | | Dream Fund Commission to provide the wrap-around services to |
| 7 | | such students. The Illinois Dream Fund Commission shall |
| 8 | | conduct professional development under this Section. The |
| 9 | | Illinois Dream Fund Commission's task force on immigration |
| 10 | | issues and the Undocumented Student Liaison shall ensure that |
| 11 | | undocumented immigrants and students from mixed status |
| 12 | | households receive equitable and inclusive access to the |
| 13 | | University's retention and matriculation programs. |
| 14 | | The Board shall ensure that an Undocumented Student |
| 15 | | Liaison is available at each campus of the University. The |
| 16 | | Undocumented Student Liaison must be placed in a location that |
| 17 | | provides direct access for students in collaboration with the |
| 18 | | retention and matriculation programs of the University. The |
| 19 | | Undocumented Student Liaison shall report directly to senior |
| 20 | | leadership and shall assist leadership with the review of |
| 21 | | policies and procedures that directly affect undocumented and |
| 22 | | mixed status students. |
| 23 | | An Undocumented Student Liaison may work on outreach |
| 24 | | efforts to provide access to resources and support within the |
| 25 | | grade P-20 education pipeline by supporting summer enrichment |
| 26 | | programs and pipeline options for students in any of grades 9 |
|
| | HB5501 | - 1206 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | through 12. |
| 2 | | (b) The Board is encouraged to establish an Undocumented |
| 3 | | Student Resource Center on each of its campuses. An A |
| 4 | | Undocumented Student Resource Center may offer support |
| 5 | | services, including, but not limited to, State and private |
| 6 | | financial assistance, academic and career counseling, and |
| 7 | | retention and matriculation support services, as well as |
| 8 | | mental health counseling options because the changing |
| 9 | | immigration climate impacts a student's overall well-being and |
| 10 | | success. |
| 11 | | An Undocumented Student Resource Center may be housed
|
| 12 | | within an existing student service center or academic center, |
| 13 | | and the new construction of an Undocumented Student Resource |
| 14 | | Center is not required under this Section. |
| 15 | | The Board may seek and accept any financial support |
| 16 | | through institutional advancement, private gifts, or donations |
| 17 | | to aid in the creation and operation of and the services |
| 18 | | provided by an Undocumented Student Resource Center.
|
| 19 | | (Source: P.A. 102-475, eff. 8-20-21; revised 10-18-21.)
|
| 20 | | (110 ILCS 305/155)
|
| 21 | | Sec. 155 120. Personal support worker's attendance in |
| 22 | | class permitted. If a student of the University has a personal |
| 23 | | support worker through the Home-Based Support
Services Program |
| 24 | | for Adults with Mental Disabilities under the
Developmental |
| 25 | | Disability and Mental Disability Services Act, the Board of |
|
| | HB5501 | - 1207 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Trustees must permit the personal support worker to attend |
| 2 | | class with the student but is not responsible for providing or |
| 3 | | paying for the personal support worker. If the personal |
| 4 | | support worker's attendance in class is solely to provide |
| 5 | | personal support services to the student, the Board may not |
| 6 | | charge the personal support worker tuition and fees for such |
| 7 | | attendance.
|
| 8 | | (Source: P.A. 102-568, eff. 8-23-21; revised 10-18-21.)
|
| 9 | | Section 335. The University of Illinois Hospital Act is |
| 10 | | amended by setting forth, renumbering, and changing multiple
|
| 11 | | versions of Section 8d as follows:
|
| 12 | | (110 ILCS 330/8d) |
| 13 | | (Text of Section from P.A. 102-4 and 102-671) |
| 14 | | Sec. 8d. N95 masks. Pursuant to and in accordance with |
| 15 | | applicable local, State, and federal policies, guidance and |
| 16 | | recommendations of public health and infection control |
| 17 | | authorities, and taking into consideration the limitations on |
| 18 | | access to N95 masks caused by disruptions in local, State, |
| 19 | | national, and international supply chains, the University of |
| 20 | | Illinois Hospital shall provide N95 masks to physicians |
| 21 | | licensed under the Medical Practice Act of 1987, registered |
| 22 | | nurses and advanced practice registered nurses licensed under |
| 23 | | the Nurse Licensing Act, and any other employees or |
| 24 | | contractual workers who provide direct patient care and who, |
|
| | HB5501 | - 1208 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pursuant to such policies, guidance, and recommendations, are |
| 2 | | recommended to have such a mask to safely provide such direct |
| 3 | | patient care within a hospital setting. Nothing in this |
| 4 | | Section shall be construed to impose any new duty or |
| 5 | | obligation on the University of Illinois Hospital or employee |
| 6 | | that is greater than that imposed under State and federal laws |
| 7 | | in effect on the effective date of this amendatory Act of the |
| 8 | | 102nd General Assembly. |
| 9 | | This Section is repealed on July 1, 2022.
|
| 10 | | (Source: P.A. 102-4, eff. 4-27-21; 102-671, eff. 11-30-21.)
|
| 11 | | (Text of Section from P.A. 102-4 and 102-674) |
| 12 | | Sec. 8d. N95 masks. Pursuant to and in accordance with |
| 13 | | applicable local, State, and federal policies, guidance and |
| 14 | | recommendations of public health and infection control |
| 15 | | authorities, and taking into consideration the limitations on |
| 16 | | access to N95 masks caused by disruptions in local, State, |
| 17 | | national, and international supply chains, the University of |
| 18 | | Illinois Hospital shall provide N95 masks to physicians |
| 19 | | licensed under the Medical Practice Act of 1987, registered |
| 20 | | nurses and advanced practice registered nurses licensed under |
| 21 | | the Nurse Licensing Act, and any other employees or |
| 22 | | contractual workers who provide direct patient care and who, |
| 23 | | pursuant to such policies, guidance, and recommendations, are |
| 24 | | recommended to have such a mask to safely provide such direct |
| 25 | | patient care within a hospital setting. Nothing in this |
|
| | HB5501 | - 1210 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | operating room or emergency department setting, the prescriber |
| 2 | | is responsible for counseling the patient on its proper use |
| 3 | | and administration and the requirement of pharmacist |
| 4 | | counseling is waived.
|
| 5 | | (Source: P.A. 102-155, eff. 7-23-21; revised 11-9-21.)
|
| 6 | | (110 ILCS 330/8f)
|
| 7 | | Sec. 8f 8d. Surgical smoke plume evacuation. |
| 8 | | (a) In this Section: |
| 9 | | "Department" means the Department of Public Health. |
| 10 | | "Surgical smoke plume" means the by-product of the use of |
| 11 | | energy-based devices on tissue during surgery and containing |
| 12 | | hazardous materials, including, but not limited to, |
| 13 | | bioaerosols bio-aeorsols, smoke, gases, tissue and cellular |
| 14 | | fragments and particulates, and viruses. |
| 15 | | "Surgical smoke plume evacuation system" means a dedicated |
| 16 | | device that is designed to capture, transport, filter, and |
| 17 | | neutralize surgical smoke plume at the site of origin and |
| 18 | | before surgical smoke plume can make ocular contact, or |
| 19 | | contact with the respiratory tract, of an employee. |
| 20 | | (b) To protect patients and health care workers from the |
| 21 | | hazards of surgical smoke plume, the University of Illinois |
| 22 | | Hospital shall adopt policies to ensure the elimination of |
| 23 | | surgical smoke plume by use of a surgical smoke plume |
| 24 | | evacuation system for each procedure that generates surgical |
| 25 | | smoke plume from the use of energy-based devices, including, |
|
| | HB5501 | - 1211 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | but not limited to, electrosurgery and lasers. |
| 2 | | (c) The University of Illinois Hospital shall report to |
| 3 | | the Department within 90 days after January 1, 2022 (the |
| 4 | | effective date of Public Act 102-533) this amendatory Act of |
| 5 | | the 102nd General Assembly that policies under subsection (b) |
| 6 | | of this Section have been adopted.
|
| 7 | | (Source: P.A. 102-533, eff. 1-1-22; revised 11-9-21.)
|
| 8 | | Section 340. The Southern Illinois University Management |
| 9 | | Act is amended by changing Section 6.6 and by setting forth, |
| 10 | | renumbering, and changing multiple
versions of Section 100 as |
| 11 | | follows:
|
| 12 | | (110 ILCS 520/6.6)
|
| 13 | | Sec. 6.6. The Illinois Ethanol Research Advisory Board.
|
| 14 | | (a) There is established the Illinois Ethanol
Research |
| 15 | | Advisory Board (the "Advisory Board").
|
| 16 | | (b) The Advisory Board shall be composed of 14 members |
| 17 | | including: the
President of
Southern Illinois University who |
| 18 | | shall be Chairman;
the Director of Commerce and Economic |
| 19 | | Opportunity;
the Director of Agriculture; the President of the
|
| 20 | | Illinois Corn Growers Association; the President of the |
| 21 | | National Corn Growers
Association; the President of the |
| 22 | | Renewable Fuels Association; the Dean of the
College of |
| 23 | | Agricultural, Consumer, and Environmental Science,
University |
| 24 | | of Illinois at
Champaign-Urbana; the Dean of the College of |
|
| | HB5501 | - 1212 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Agricultural, Life, and Physical Sciences, Southern Illinois |
| 2 | | University at Carbondale; ,
and 6 at-large members appointed by |
| 3 | | the Governor representing the ethanol
industry, growers, |
| 4 | | suppliers, and universities.
|
| 5 | | (c) The 6 at-large members shall serve a term of 4 years. |
| 6 | | The Advisory
Board shall
meet at least annually or at the call |
| 7 | | of the Chairman. At any time a majority
of the Advisory Board |
| 8 | | may petition the Chairman for a meeting of the Board.
Seven
|
| 9 | | members of the Advisory Board shall constitute a quorum.
|
| 10 | | (d) The Advisory Board shall:
|
| 11 | | (1) Review the annual operating plans and budget of |
| 12 | | the National
Corn-to-Ethanol
Research Pilot Plant.
|
| 13 | | (2) Advise on research and development priorities and |
| 14 | | projects to be
carried out at the Corn-to-Ethanol Research |
| 15 | | Pilot Plant.
|
| 16 | | (3) Advise on policies and procedures regarding the |
| 17 | | management and
operation of the ethanol research pilot |
| 18 | | plant. This may include contracts,
project selection, and |
| 19 | | personnel issues.
|
| 20 | | (4) Develop bylaws.
|
| 21 | | (5) Submit a final report to the Governor and General |
| 22 | | Assembly outlining
the progress and accomplishments made |
| 23 | | during the year along with a financial
report for the |
| 24 | | year.
|
| 25 | | (6) Establish and operate, subject to specific |
| 26 | | appropriation for the purpose of providing facility |
|
| | HB5501 | - 1213 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | operating funds, the National Corn-to-Ethanol Research |
| 2 | | Center at Southern Illinois University at Edwardsville as |
| 3 | | a State Biorefining Center of Excellence with the |
| 4 | | following purposes and goals: |
| 5 | | (A) To utilize interdisciplinary, |
| 6 | | interinstitutional, and industrial collaborations to |
| 7 | | conduct research. |
| 8 | | (B) To provide training and services to the |
| 9 | | ethanol fuel industry to make projects and training to |
| 10 | | advance the biofuels industry in the State more |
| 11 | | affordable for the institutional and industrial |
| 12 | | bodies, including, but not limited to, Illinois |
| 13 | | farmer-owned ethanol cooperatives. |
| 14 | | (C) To coordinate near-term industry research |
| 15 | | needs and laboratory services by identifying needs and |
| 16 | | pursuing federal and other funding sources. |
| 17 | | (D) To develop and provide hands-on training to |
| 18 | | prepare students for the biofuels workforce and train |
| 19 | | workforce reentrants. |
| 20 | | (E) To serve as an independent, third-party source |
| 21 | | for review, testing, validation standardization, and |
| 22 | | definition in areas of industry need. |
| 23 | | (F) To provide seminars, tours, and informational |
| 24 | | sessions advocating renewable energy. |
| 25 | | (G) To provide consultation services and |
| 26 | | information for those interested in renewable energy. |
|
| | HB5501 | - 1214 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (H) To develop demonstration projects by pursuing |
| 2 | | federal and other funding sources.
|
| 3 | | (e) The Advisory Board established by this Section is a |
| 4 | | continuation, as
changed by
the Section, of the Board |
| 5 | | established under Section 8a of the Energy
Conservation and |
| 6 | | Coal Development Act and repealed by Public Act 92-736 this |
| 7 | | amendatory Act of the 92nd General Assembly.
|
| 8 | | (Source: P.A. 102-370, eff. 8-13-21; revised 10-6-21.)
|
| 9 | | (110 ILCS 520/100)
|
| 10 | | Sec. 100. Modification of athletic or team uniform |
| 11 | | permitted. |
| 12 | | (a) The Board must allow a student athlete to modify his or |
| 13 | | her athletic or team uniform due to the observance of modesty |
| 14 | | in clothing or attire in accordance with the requirements of |
| 15 | | his or her religion or his or her cultural values or modesty |
| 16 | | preferences. The modification of the athletic or team uniform |
| 17 | | may include, but is not limited to, the wearing of a hijab, an |
| 18 | | undershirt, or leggings. If a student chooses to modify his or |
| 19 | | her athletic or team uniform, the student is responsible for |
| 20 | | all costs associated with the modification of the uniform and |
| 21 | | the student shall not be required to receive prior approval |
| 22 | | from the Board for such modification. However, nothing in this |
| 23 | | Section prohibits the University from providing the |
| 24 | | modification to the student. |
| 25 | | (b) At a minimum, any modification of the athletic or team |
|
| | HB5501 | - 1218 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (110 ILCS 520/125)
|
| 2 | | Sec. 125 100. Undocumented Student Liaison; Undocumented |
| 3 | | Student Resource Center. |
| 4 | | (a) Beginning with the 2022-2023 academic year, the Board |
| 5 | | shall designate an employee as an Undocumented Student |
| 6 | | Resource Liaison to be available on campus to provide |
| 7 | | assistance to undocumented students and mixed status students |
| 8 | | within the United States in streamlining access to financial |
| 9 | | aid and academic support to successfully matriculate to degree |
| 10 | | completion. The Undocumented Student Liaison shall provide |
| 11 | | assistance to vocational students, undergraduate students,
|
| 12 | | graduate students, and professional-track students. An |
| 13 | | employee who is designated as an Undocumented Student Liaison |
| 14 | | must be knowledgeable about current legislation and policy |
| 15 | | changes through professional development with the Illinois |
| 16 | | Dream Fund Commission to provide the wrap-around services to |
| 17 | | such students. The Illinois Dream Fund Commission shall |
| 18 | | conduct professional development under this Section. The |
| 19 | | Illinois Dream Fund Commission's task force on immigration |
| 20 | | issues and the Undocumented Student Liaison shall ensure that |
| 21 | | undocumented immigrants and students from mixed status |
| 22 | | households receive equitable and inclusive access to the |
| 23 | | University's retention and matriculation programs. |
| 24 | | The Board shall ensure that an Undocumented Student |
| 25 | | Liaison is available at each campus of the University. The |
|
| | HB5501 | - 1219 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Undocumented Student Liaison must be placed in a location that |
| 2 | | provides direct access for students in collaboration with the |
| 3 | | retention and matriculation programs of the University. The |
| 4 | | Undocumented Student Liaison shall report directly to senior |
| 5 | | leadership and shall assist leadership with the review of |
| 6 | | policies and procedures that directly affect undocumented and |
| 7 | | mixed status students. |
| 8 | | An Undocumented Student Liaison may work on outreach |
| 9 | | efforts to provide access to resources and support within the |
| 10 | | grade P-20 education pipeline by supporting summer enrichment |
| 11 | | programs and pipeline options for students in any of grades 9 |
| 12 | | through 12. |
| 13 | | (b) The Board is encouraged to establish an Undocumented |
| 14 | | Student Resource Center on each of its campuses. An A |
| 15 | | Undocumented Student Resource Center may offer support |
| 16 | | services, including, but not limited to, State and private |
| 17 | | financial assistance, academic and career counseling, and |
| 18 | | retention and matriculation support services, as well as |
| 19 | | mental health counseling options because the changing |
| 20 | | immigration climate impacts a student's overall well-being and |
| 21 | | success. |
| 22 | | An Undocumented Student Resource Center may be housed
|
| 23 | | within an existing student service center or academic center, |
| 24 | | and the new construction of an Undocumented Student Resource |
| 25 | | Center is not required under this Section. |
| 26 | | The Board may seek and accept any financial support |
|
| | HB5501 | - 1221 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a) The Board must allow a student athlete to modify his or |
| 2 | | her athletic or team uniform due to the observance of modesty |
| 3 | | in clothing or attire in accordance with the requirements of |
| 4 | | his or her religion or his or her cultural values or modesty |
| 5 | | preferences. The modification of the athletic or team uniform |
| 6 | | may include, but is not limited to, the wearing of a hijab, an |
| 7 | | undershirt, or leggings. If a student chooses to modify his or |
| 8 | | her athletic or team uniform, the student is responsible for |
| 9 | | all costs associated with the modification of the uniform and |
| 10 | | the student shall not be required to receive prior approval |
| 11 | | from the Board for such modification. However, nothing in this |
| 12 | | Section prohibits the University from providing the |
| 13 | | modification to the student. |
| 14 | | (b) At a minimum, any modification of the athletic or team |
| 15 | | uniform must not interfere with the movement of the student or |
| 16 | | pose a safety hazard to the student or to other athletes or |
| 17 | | players. The modification of headgear is permitted if the |
| 18 | | headgear: |
| 19 | | (1) is black, white, the predominant predominate color |
| 20 | | of the uniform, or the same color for all players on the |
| 21 | | team; |
| 22 | | (2) does not cover any part of the face; |
| 23 | | (3) is not dangerous to the player or to the other |
| 24 | | players; |
| 25 | | (4) has no opening or closing elements around the face |
| 26 | | and neck; and |
|
| | HB5501 | - 1222 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (5) has no parts extruding from its surface.
|
| 2 | | (Source: P.A. 102-51, eff. 7-9-21; revised 10-26-21.)
|
| 3 | | (110 ILCS 660/5-212)
|
| 4 | | Sec. 5-212 5-210. Academic major report. The Board shall |
| 5 | | provide to each enrolled student, at the time the student |
| 6 | | declares or changes his or her academic major or program of |
| 7 | | study, a report that contains relevant, independent, and |
| 8 | | accurate data related to the student's major or program of |
| 9 | | study and to the current occupational outlook associated with |
| 10 | | that major or program of study. The report shall provide the |
| 11 | | student with all of the following information: |
| 12 | | (1) The estimated cost of his or her education |
| 13 | | associated with pursuing a degree in that major or program |
| 14 | | of study. |
| 15 | | (2) The average monthly student loan payment over a |
| 16 | | period of 20 years based on the estimated cost of his or |
| 17 | | her education under paragraph (1). |
| 18 | | (3) The average job placement rate within 12 months |
| 19 | | after graduation for a graduate who holds a degree in that |
| 20 | | major or program of study. |
| 21 | | (4) The average entry-level wage or salary for an |
| 22 | | occupation related to that major or program of study. |
| 23 | | (5) The average wage or salary 5 years after entry |
| 24 | | into an occupation under paragraph (4).
|
| 25 | | (Source: P.A. 102-214, eff. 1-1-22; revised 10-26-21.)
|
|
| | HB5501 | - 1225 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | assistance to vocational students, undergraduate students,
|
| 2 | | graduate students, and professional-track students. An |
| 3 | | employee who is designated as an Undocumented Student Liaison |
| 4 | | must be knowledgeable about current legislation and policy |
| 5 | | changes through professional development with the Illinois |
| 6 | | Dream Fund Commission to provide the wrap-around services to |
| 7 | | such students. The Illinois Dream Fund Commission shall |
| 8 | | conduct professional development under this Section. The |
| 9 | | Illinois Dream Fund Commission's task force on immigration |
| 10 | | issues and the Undocumented Student Liaison shall ensure that |
| 11 | | undocumented immigrants and students from mixed status |
| 12 | | households receive equitable and inclusive access to the |
| 13 | | University's retention and matriculation programs. |
| 14 | | The Board shall ensure that an Undocumented Student |
| 15 | | Liaison is available at each campus of the University. The |
| 16 | | Undocumented Student Liaison must be placed in a location that |
| 17 | | provides direct access for students in collaboration with the |
| 18 | | retention and matriculation programs of the University. The |
| 19 | | Undocumented Student Liaison shall report directly to senior |
| 20 | | leadership and shall assist leadership with the review of |
| 21 | | policies and procedures that directly affect undocumented and |
| 22 | | mixed status students. |
| 23 | | An Undocumented Student Liaison may work on outreach |
| 24 | | efforts to provide access to resources and support within the |
| 25 | | grade P-20 education pipeline by supporting summer enrichment |
| 26 | | programs and pipeline options for students in any of grades 9 |
|
| | HB5501 | - 1226 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | through 12. |
| 2 | | (b) The Board is encouraged to establish an Undocumented |
| 3 | | Student Resource Center on each of its campuses. An A |
| 4 | | Undocumented Student Resource Center may offer support |
| 5 | | services, including, but not limited to, State and private |
| 6 | | financial assistance, academic and career counseling, and |
| 7 | | retention and matriculation support services, as well as |
| 8 | | mental health counseling options because the changing |
| 9 | | immigration climate impacts a student's overall well-being and |
| 10 | | success. |
| 11 | | An Undocumented Student Resource Center may be housed
|
| 12 | | within an existing student service center or academic center, |
| 13 | | and the new construction of an Undocumented Student Resource |
| 14 | | Center is not required under this Section. |
| 15 | | The Board may seek and accept any financial support |
| 16 | | through institutional advancement, private gifts, or donations |
| 17 | | to aid in the creation and operation of and the services |
| 18 | | provided by an Undocumented Student Resource Center.
|
| 19 | | (Source: P.A. 102-475, eff. 8-20-21; revised 10-26-21.)
|
| 20 | | (110 ILCS 660/5-240)
|
| 21 | | Sec. 5-240 5-210. Personal support worker's attendance in |
| 22 | | class permitted. If a student of the University has a personal |
| 23 | | support worker through the Home-Based Support
Services Program |
| 24 | | for Adults with Mental Disabilities under the
Developmental |
| 25 | | Disability and Mental Disability Services Act, the Board must |
|
| | HB5501 | - 1227 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | permit the personal support worker to attend class with the |
| 2 | | student but is not responsible for providing or paying for the |
| 3 | | personal support worker. If the personal support worker's |
| 4 | | attendance in class is solely to provide personal support |
| 5 | | services to the student, the Board may not charge the personal |
| 6 | | support worker tuition and fees for such attendance.
|
| 7 | | (Source: P.A. 102-568, eff. 8-23-21; revised 10-26-21.)
|
| 8 | | Section 350. The Eastern Illinois University Law is |
| 9 | | amended by setting forth, renumbering, and changing multiple
|
| 10 | | versions of Section 10-210 as follows:
|
| 11 | | (110 ILCS 665/10-210)
|
| 12 | | Sec. 10-210. Modification of athletic or team uniform |
| 13 | | permitted. |
| 14 | | (a) The Board must allow a student athlete to modify his or |
| 15 | | her athletic or team uniform due to the observance of modesty |
| 16 | | in clothing or attire in accordance with the requirements of |
| 17 | | his or her religion or his or her cultural values or modesty |
| 18 | | preferences. The modification of the athletic or team uniform |
| 19 | | may include, but is not limited to, the wearing of a hijab, an |
| 20 | | undershirt, or leggings. If a student chooses to modify his or |
| 21 | | her athletic or team uniform, the student is responsible for |
| 22 | | all costs associated with the modification of the uniform and |
| 23 | | the student shall not be required to receive prior approval |
| 24 | | from the Board for such modification. However, nothing in this |
|
| | HB5501 | - 1231 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and medical leave under the same terms and conditions as leave |
| 2 | | provided to eligible employees under the federal Family and |
| 3 | | Medical Leave Act of 1993.
|
| 4 | | (Source: P.A. 102-335, eff. 1-1-22; revised 10-27-21.)
|
| 5 | | (110 ILCS 665/10-235)
|
| 6 | | Sec. 10-235 10-210. Undocumented Student Liaison; |
| 7 | | Undocumented Student Resource Center. |
| 8 | | (a) Beginning with the 2022-2023 academic year, the Board |
| 9 | | shall designate an employee as an Undocumented Student |
| 10 | | Resource Liaison to be available on campus to provide |
| 11 | | assistance to undocumented students and mixed status students |
| 12 | | within the United States in streamlining access to financial |
| 13 | | aid and academic support to successfully matriculate to degree |
| 14 | | completion. The Undocumented Student Liaison shall provide |
| 15 | | assistance to vocational students, undergraduate students,
|
| 16 | | graduate students, and professional-track students. An |
| 17 | | employee who is designated as an Undocumented Student Liaison |
| 18 | | must be knowledgeable about current legislation and policy |
| 19 | | changes through professional development with the Illinois |
| 20 | | Dream Fund Commission to provide the wrap-around services to |
| 21 | | such students. The Illinois Dream Fund Commission shall |
| 22 | | conduct professional development under this Section. The |
| 23 | | Illinois Dream Fund Commission's task force on immigration |
| 24 | | issues and the Undocumented Student Liaison shall ensure that |
| 25 | | undocumented immigrants and students from mixed status |
|
| | HB5501 | - 1232 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | households receive equitable and inclusive access to the |
| 2 | | University's retention and matriculation programs. |
| 3 | | The Board shall ensure that an Undocumented Student |
| 4 | | Liaison is available at each campus of the University. The |
| 5 | | Undocumented Student Liaison must be placed in a location that |
| 6 | | provides direct access for students in collaboration with the |
| 7 | | retention and matriculation programs of the University. The |
| 8 | | Undocumented Student Liaison shall report directly to senior |
| 9 | | leadership and shall assist leadership with the review of |
| 10 | | policies and procedures that directly affect undocumented and |
| 11 | | mixed status students. |
| 12 | | An Undocumented Student Liaison may work on outreach |
| 13 | | efforts to provide access to resources and support within the |
| 14 | | grade P-20 education pipeline by supporting summer enrichment |
| 15 | | programs and pipeline options for students in any of grades 9 |
| 16 | | through 12. |
| 17 | | (b) The Board is encouraged to establish an Undocumented |
| 18 | | Student Resource Center on each of its campuses. An A |
| 19 | | Undocumented Student Resource Center may offer support |
| 20 | | services, including, but not limited to, State and private |
| 21 | | financial assistance, academic and career counseling, and |
| 22 | | retention and matriculation support services, as well as |
| 23 | | mental health counseling options because the changing |
| 24 | | immigration climate impacts a student's overall well-being and |
| 25 | | success. |
| 26 | | An Undocumented Student Resource Center may be housed
|
|
| | HB5501 | - 1233 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | within an existing student service center or academic center, |
| 2 | | and the new construction of an Undocumented Student Resource |
| 3 | | Center is not required under this Section. |
| 4 | | The Board may seek and accept any financial support |
| 5 | | through institutional advancement, private gifts, or donations |
| 6 | | to aid in the creation and operation of and the services |
| 7 | | provided by an Undocumented Student Resource Center.
|
| 8 | | (Source: P.A. 102-475, eff. 8-20-21; revised 10-27-21.)
|
| 9 | | (110 ILCS 665/10-240)
|
| 10 | | Sec. 10-240 10-210. Personal support worker's attendance |
| 11 | | in class permitted. If a student of the University has a |
| 12 | | personal support worker through the Home-Based Support
|
| 13 | | Services Program for Adults with Mental Disabilities under the
|
| 14 | | Developmental Disability and Mental Disability Services Act, |
| 15 | | the Board must permit the personal support worker to attend |
| 16 | | class with the student but is not responsible for providing or |
| 17 | | paying for the personal support worker. If the personal |
| 18 | | support worker's attendance in class is solely to provide |
| 19 | | personal support services to the student, the Board may not |
| 20 | | charge the personal support worker tuition and fees for such |
| 21 | | attendance.
|
| 22 | | (Source: P.A. 102-568, eff. 8-23-21; revised 10-27-21.)
|
| 23 | | Section 355. The Governors State University Law is amended |
| 24 | | by setting forth, renumbering, and changing multiple
versions |
|
| | HB5501 | - 1234 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of Section 15-210 as follows:
|
| 2 | | (110 ILCS 670/15-210)
|
| 3 | | Sec. 15-210. Modification of athletic or team uniform |
| 4 | | permitted. |
| 5 | | (a) The Board must allow a student athlete to modify his or |
| 6 | | her athletic or team uniform due to the observance of modesty |
| 7 | | in clothing or attire in accordance with the requirements of |
| 8 | | his or her religion or his or her cultural values or modesty |
| 9 | | preferences. The modification of the athletic or team uniform |
| 10 | | may include, but is not limited to, the wearing of a hijab, an |
| 11 | | undershirt, or leggings. If a student chooses to modify his or |
| 12 | | her athletic or team uniform, the student is responsible for |
| 13 | | all costs associated with the modification of the uniform and |
| 14 | | the student shall not be required to receive prior approval |
| 15 | | from the Board for such modification. However, nothing in this |
| 16 | | Section prohibits the University from providing the |
| 17 | | modification to the student. |
| 18 | | (b) At a minimum, any modification of the athletic or team |
| 19 | | uniform must not interfere with the movement of the student or |
| 20 | | pose a safety hazard to the student or to other athletes or |
| 21 | | players. The modification of headgear is permitted if the |
| 22 | | headgear: |
| 23 | | (1) is black, white, the predominant predominate color |
| 24 | | of the uniform, or the same color for all players on the |
| 25 | | team; |
|
| | HB5501 | - 1238 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Resource Liaison to be available on campus to provide |
| 2 | | assistance to undocumented students and mixed status students |
| 3 | | within the United States in streamlining access to financial |
| 4 | | aid and academic support to successfully matriculate to degree |
| 5 | | completion. The Undocumented Student Liaison shall provide |
| 6 | | assistance to vocational students, undergraduate students,
|
| 7 | | graduate students, and professional-track students. An |
| 8 | | employee who is designated as an Undocumented Student Liaison |
| 9 | | must be knowledgeable about current legislation and policy |
| 10 | | changes through professional development with the Illinois |
| 11 | | Dream Fund Commission to provide the wrap-around services to |
| 12 | | such students. The Illinois Dream Fund Commission shall |
| 13 | | conduct professional development under this Section. The |
| 14 | | Illinois Dream Fund Commission's task force on immigration |
| 15 | | issues and the Undocumented Student Liaison shall ensure that |
| 16 | | undocumented immigrants and students from mixed status |
| 17 | | households receive equitable and inclusive access to the |
| 18 | | University's retention and matriculation programs. |
| 19 | | The Board shall ensure that an Undocumented Student |
| 20 | | Liaison is available at each campus of the University. The |
| 21 | | Undocumented Student Liaison must be placed in a location that |
| 22 | | provides direct access for students in collaboration with the |
| 23 | | retention and matriculation programs of the University. The |
| 24 | | Undocumented Student Liaison shall report directly to senior |
| 25 | | leadership and shall assist leadership with the review of |
| 26 | | policies and procedures that directly affect undocumented and |
|
| | HB5501 | - 1239 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | mixed status students. |
| 2 | | An Undocumented Student Liaison may work on outreach |
| 3 | | efforts to provide access to resources and support within the |
| 4 | | grade P-20 education pipeline by supporting summer enrichment |
| 5 | | programs and pipeline options for students in any of grades 9 |
| 6 | | through 12. |
| 7 | | (b) The Board is encouraged to establish an Undocumented |
| 8 | | Student Resource Center on each of its campuses. An A |
| 9 | | Undocumented Student Resource Center may offer support |
| 10 | | services, including, but not limited to, State and private |
| 11 | | financial assistance, academic and career counseling, and |
| 12 | | retention and matriculation support services, as well as |
| 13 | | mental health counseling options because the changing |
| 14 | | immigration climate impacts a student's overall well-being and |
| 15 | | success. |
| 16 | | An Undocumented Student Resource Center may be housed
|
| 17 | | within an existing student service center or academic center, |
| 18 | | and the new construction of an Undocumented Student Resource |
| 19 | | Center is not required under this Section. |
| 20 | | The Board may seek and accept any financial support |
| 21 | | through institutional advancement, private gifts, or donations |
| 22 | | to aid in the creation and operation of and the services |
| 23 | | provided by an Undocumented Student Resource Center.
|
| 24 | | (Source: P.A. 102-475, eff. 8-20-21; revised 10-29-21.)
|
| 25 | | (110 ILCS 670/15-240)
|
|
| | HB5501 | - 1241 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | may include, but is not limited to, the wearing of a hijab, an |
| 2 | | undershirt, or leggings. If a student chooses to modify his or |
| 3 | | her athletic or team uniform, the student is responsible for |
| 4 | | all costs associated with the modification of the uniform and |
| 5 | | the student shall not be required to receive prior approval |
| 6 | | from the Board for such modification. However, nothing in this |
| 7 | | Section prohibits the University from providing the |
| 8 | | modification to the student. |
| 9 | | (b) At a minimum, any modification of the athletic or team |
| 10 | | uniform must not interfere with the movement of the student or |
| 11 | | pose a safety hazard to the student or to other athletes or |
| 12 | | players. The modification of headgear is permitted if the |
| 13 | | headgear: |
| 14 | | (1) is black, white, the predominant predominate color |
| 15 | | of the uniform, or the same color for all players on the |
| 16 | | team; |
| 17 | | (2) does not cover any part of the face; |
| 18 | | (3) is not dangerous to the player or to the other |
| 19 | | players; |
| 20 | | (4) has no opening or closing elements around the face |
| 21 | | and neck; and |
| 22 | | (5) has no parts extruding from its surface.
|
| 23 | | (Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)
|
| 24 | | (110 ILCS 675/20-217)
|
| 25 | | Sec. 20-217 20-215. Academic major report. The Board shall |
|
| | HB5501 | - 1242 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provide to each enrolled student, at the time the student |
| 2 | | declares or changes his or her academic major or program of |
| 3 | | study, a report that contains relevant, independent, and |
| 4 | | accurate data related to the student's major or program of |
| 5 | | study and to the current occupational outlook associated with |
| 6 | | that major or program of study. The report shall provide the |
| 7 | | student with all of the following information: |
| 8 | | (1) The estimated cost of his or her education |
| 9 | | associated with pursuing a degree in that major or program |
| 10 | | of study. |
| 11 | | (2) The average monthly student loan payment over a |
| 12 | | period of 20 years based on the estimated cost of his or |
| 13 | | her education under paragraph (1). |
| 14 | | (3) The average job placement rate within 12 months |
| 15 | | after graduation for a graduate who holds a degree in that |
| 16 | | major or program of study. |
| 17 | | (4) The average entry-level wage or salary for an |
| 18 | | occupation related to that major or program of study. |
| 19 | | (5) The average wage or salary 5 years after entry |
| 20 | | into an occupation under paragraph (4).
|
| 21 | | (Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)
|
| 22 | | (110 ILCS 675/20-225)
|
| 23 | | Sec. 20-225 20-215. Availability of menstrual hygiene |
| 24 | | products. |
| 25 | | (a) In this Section, "menstrual hygiene products" means |
|
| | HB5501 | - 1243 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | tampons and sanitary napkins for use in connection with the |
| 2 | | menstrual cycle. |
| 3 | | (b) The Board shall make menstrual hygiene products |
| 4 | | available, at no cost to students, in the bathrooms of |
| 5 | | facilities or portions of facilities that (i) are owned or |
| 6 | | leased by the Board or over which the Board has care, custody, |
| 7 | | and control and (ii) are used for student instruction or |
| 8 | | administrative purposes.
|
| 9 | | (Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)
|
| 10 | | (110 ILCS 675/20-230)
|
| 11 | | Sec. 20-230 20-215. Adjunct professor; status of class. |
| 12 | | (a) At least 30 days before the beginning of a term and |
| 13 | | again at 14 days before the beginning of the term, the Board |
| 14 | | must notify an adjunct professor about the status of |
| 15 | | enrollment of the class the adjunct professor was hired to |
| 16 | | teach. |
| 17 | | (b) This Section does not apply if the Governor has |
| 18 | | declared a disaster due to a public health emergency or a |
| 19 | | natural disaster pursuant to Section 7 of the Illinois |
| 20 | | Emergency Management Agency Act. |
| 21 | | (c) Collective bargaining agreements that are in effect on |
| 22 | | January 1, 2022 (the effective date of Public Act 102-260) |
| 23 | | this amendatory Act of the 102nd General Assembly are exempt |
| 24 | | from the requirements of this Section.
|
| 25 | | (Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)
|
|
| | HB5501 | - 1244 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (110 ILCS 675/20-235)
|
| 2 | | Sec. 20-235 20-215. Family and medical leave coverage. A |
| 3 | | University employee who has been employed by the University |
| 4 | | for at least 12 months and who has worked at least 1,000 hours |
| 5 | | in the previous 12-month period shall be eligible for family |
| 6 | | and medical leave under the same terms and conditions as leave |
| 7 | | provided to eligible employees under the federal Family and |
| 8 | | Medical Leave Act of 1993.
|
| 9 | | (Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)
|
| 10 | | (110 ILCS 675/20-240)
|
| 11 | | Sec. 20-240 20-215. Undocumented Student Liaison; |
| 12 | | Undocumented Student Resource Center. |
| 13 | | (a) Beginning with the 2022-2023 academic year, the Board |
| 14 | | shall designate an employee as an Undocumented Student |
| 15 | | Resource Liaison to be available on campus to provide |
| 16 | | assistance to undocumented students and mixed status students |
| 17 | | within the United States in streamlining access to financial |
| 18 | | aid and academic support to successfully matriculate to degree |
| 19 | | completion. The Undocumented Student Liaison shall provide |
| 20 | | assistance to vocational students, undergraduate students,
|
| 21 | | graduate students, and professional-track students. An |
| 22 | | employee who is designated as an Undocumented Student Liaison |
| 23 | | must be knowledgeable about current legislation and policy |
| 24 | | changes through professional development with the Illinois |
|
| | HB5501 | - 1245 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Dream Fund Commission to provide the wrap-around services to |
| 2 | | such students. The Illinois Dream Fund Commission shall |
| 3 | | conduct professional development under this Section. The |
| 4 | | Illinois Dream Fund Commission's task force on immigration |
| 5 | | issues and the Undocumented Student Liaison shall ensure that |
| 6 | | undocumented immigrants and students from mixed status |
| 7 | | households receive equitable and inclusive access to the |
| 8 | | University's retention and matriculation programs. |
| 9 | | The Board shall ensure that an Undocumented Student |
| 10 | | Liaison is available at each campus of the University. The |
| 11 | | Undocumented Student Liaison must be placed in a location that |
| 12 | | provides direct access for students in collaboration with the |
| 13 | | retention and matriculation programs of the University. The |
| 14 | | Undocumented Student Liaison shall report directly to senior |
| 15 | | leadership and shall assist leadership with the review of |
| 16 | | policies and procedures that directly affect undocumented and |
| 17 | | mixed status students. |
| 18 | | An Undocumented Student Liaison may work on outreach |
| 19 | | efforts to provide access to resources and support within the |
| 20 | | grade P-20 education pipeline by supporting summer enrichment |
| 21 | | programs and pipeline options for students in any of grades 9 |
| 22 | | through 12. |
| 23 | | (b) The Board is encouraged to establish an Undocumented |
| 24 | | Student Resource Center on each of its campuses. An A |
| 25 | | Undocumented Student Resource Center may offer support |
| 26 | | services, including, but not limited to, State and private |
|
| | HB5501 | - 1246 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | financial assistance, academic and career counseling, and |
| 2 | | retention and matriculation support services, as well as |
| 3 | | mental health counseling options because the changing |
| 4 | | immigration climate impacts a student's overall well-being and |
| 5 | | success. |
| 6 | | An Undocumented Student Resource Center may be housed
|
| 7 | | within an existing student service center or academic center, |
| 8 | | and the new construction of an Undocumented Student Resource |
| 9 | | Center is not required under this Section. |
| 10 | | The Board may seek and accept any financial support |
| 11 | | through institutional advancement, private gifts, or donations |
| 12 | | to aid in the creation and operation of and the services |
| 13 | | provided by an Undocumented Student Resource Center.
|
| 14 | | (Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)
|
| 15 | | (110 ILCS 675/20-245)
|
| 16 | | Sec. 20-245 20-215. Personal support worker's attendance |
| 17 | | in class permitted. If a student of the University has a |
| 18 | | personal support worker through the Home-Based Support
|
| 19 | | Services Program for Adults with Mental Disabilities under the
|
| 20 | | Developmental Disability and Mental Disability Services Act, |
| 21 | | the Board must permit the personal support worker to attend |
| 22 | | class with the student but is not responsible for providing or |
| 23 | | paying for the personal support worker. If the personal |
| 24 | | support worker's attendance in class is solely to provide |
| 25 | | personal support services to the student, the Board may not |
|
| | HB5501 | - 1247 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | charge the personal support worker tuition and fees for such |
| 2 | | attendance.
|
| 3 | | (Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)
|
| 4 | | Section 365. The Northeastern Illinois University Law is |
| 5 | | amended by setting forth, renumbering, and changing multiple
|
| 6 | | versions of Section 25-210 as follows:
|
| 7 | | (110 ILCS 680/25-210)
|
| 8 | | Sec. 25-210. Modification of athletic or team uniform |
| 9 | | permitted. |
| 10 | | (a) The Board must allow a student athlete to modify his or |
| 11 | | her athletic or team uniform due to the observance of modesty |
| 12 | | in clothing or attire in accordance with the requirements of |
| 13 | | his or her religion or his or her cultural values or modesty |
| 14 | | preferences. The modification of the athletic or team uniform |
| 15 | | may include, but is not limited to, the wearing of a hijab, an |
| 16 | | undershirt, or leggings. If a student chooses to modify his or |
| 17 | | her athletic or team uniform, the student is responsible for |
| 18 | | all costs associated with the modification of the uniform and |
| 19 | | the student shall not be required to receive prior approval |
| 20 | | from the Board for such modification. However, nothing in this |
| 21 | | Section prohibits the University from providing the |
| 22 | | modification to the student. |
| 23 | | (b) At a minimum, any modification of the athletic or team |
| 24 | | uniform must not interfere with the movement of the student or |
|
| | HB5501 | - 1251 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (110 ILCS 680/25-235)
|
| 2 | | Sec. 25-235 25-210. Undocumented Student Liaison; |
| 3 | | Undocumented Student Resource Center. |
| 4 | | (a) Beginning with the 2022-2023 academic year, the Board |
| 5 | | shall designate an employee as an Undocumented Student |
| 6 | | Resource Liaison to be available on campus to provide |
| 7 | | assistance to undocumented students and mixed status students |
| 8 | | within the United States in streamlining access to financial |
| 9 | | aid and academic support to successfully matriculate to degree |
| 10 | | completion. The Undocumented Student Liaison shall provide |
| 11 | | assistance to vocational students, undergraduate students,
|
| 12 | | graduate students, and professional-track students. An |
| 13 | | employee who is designated as an Undocumented Student Liaison |
| 14 | | must be knowledgeable about current legislation and policy |
| 15 | | changes through professional development with the Illinois |
| 16 | | Dream Fund Commission to provide the wrap-around services to |
| 17 | | such students. The Illinois Dream Fund Commission shall |
| 18 | | conduct professional development under this Section. The |
| 19 | | Illinois Dream Fund Commission's task force on immigration |
| 20 | | issues and the Undocumented Student Liaison shall ensure that |
| 21 | | undocumented immigrants and students from mixed status |
| 22 | | households receive equitable and inclusive access to the |
| 23 | | University's retention and matriculation programs. |
| 24 | | The Board shall ensure that an Undocumented Student |
| 25 | | Liaison is available at each campus of the University. The |
|
| | HB5501 | - 1252 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Undocumented Student Liaison must be placed in a location that |
| 2 | | provides direct access for students in collaboration with the |
| 3 | | retention and matriculation programs of the University. The |
| 4 | | Undocumented Student Liaison shall report directly to senior |
| 5 | | leadership and shall assist leadership with the review of |
| 6 | | policies and procedures that directly affect undocumented and |
| 7 | | mixed status students. |
| 8 | | An Undocumented Student Liaison may work on outreach |
| 9 | | efforts to provide access to resources and support within the |
| 10 | | grade P-20 education pipeline by supporting summer enrichment |
| 11 | | programs and pipeline options for students in any of grades 9 |
| 12 | | through 12. |
| 13 | | (b) The Board is encouraged to establish an Undocumented |
| 14 | | Student Resource Center on each of its campuses. An A |
| 15 | | Undocumented Student Resource Center may offer support |
| 16 | | services, including, but not limited to, State and private |
| 17 | | financial assistance, academic and career counseling, and |
| 18 | | retention and matriculation support services, as well as |
| 19 | | mental health counseling options because the changing |
| 20 | | immigration climate impacts a student's overall well-being and |
| 21 | | success. |
| 22 | | An Undocumented Student Resource Center may be housed
|
| 23 | | within an existing student service center or academic center, |
| 24 | | and the new construction of an Undocumented Student Resource |
| 25 | | Center is not required under this Section. |
| 26 | | The Board may seek and accept any financial support |
|
| | HB5501 | - 1254 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | permitted. |
| 2 | | (a) The Board must allow a student athlete to modify his or |
| 3 | | her athletic or team uniform due to the observance of modesty |
| 4 | | in clothing or attire in accordance with the requirements of |
| 5 | | his or her religion or his or her cultural values or modesty |
| 6 | | preferences. The modification of the athletic or team uniform |
| 7 | | may include, but is not limited to, the wearing of a hijab, an |
| 8 | | undershirt, or leggings. If a student chooses to modify his or |
| 9 | | her athletic or team uniform, the student is responsible for |
| 10 | | all costs associated with the modification of the uniform and |
| 11 | | the student shall not be required to receive prior approval |
| 12 | | from the Board for such modification. However, nothing in this |
| 13 | | Section prohibits the University from providing the |
| 14 | | modification to the student. |
| 15 | | (b) At a minimum, any modification of the athletic or team |
| 16 | | uniform must not interfere with the movement of the student or |
| 17 | | pose a safety hazard to the student or to other athletes or |
| 18 | | players. The modification of headgear is permitted if the |
| 19 | | headgear: |
| 20 | | (1) is black, white, the predominant predominate color |
| 21 | | of the uniform, or the same color for all players on the |
| 22 | | team; |
| 23 | | (2) does not cover any part of the face; |
| 24 | | (3) is not dangerous to the player or to the other |
| 25 | | players; |
| 26 | | (4) has no opening or closing elements around the face |
|
| | HB5501 | - 1258 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | completion. The Undocumented Student Liaison shall provide |
| 2 | | assistance to vocational students, undergraduate students,
|
| 3 | | graduate students, and professional-track students. An |
| 4 | | employee who is designated as an Undocumented Student Liaison |
| 5 | | must be knowledgeable about current legislation and policy |
| 6 | | changes through professional development with the Illinois |
| 7 | | Dream Fund Commission to provide the wrap-around services to |
| 8 | | such students. The Illinois Dream Fund Commission shall |
| 9 | | conduct professional development under this Section. The |
| 10 | | Illinois Dream Fund Commission's task force on immigration |
| 11 | | issues and the Undocumented Student Liaison shall ensure that |
| 12 | | undocumented immigrants and students from mixed status |
| 13 | | households receive equitable and inclusive access to the |
| 14 | | University's retention and matriculation programs. |
| 15 | | The Board shall ensure that an Undocumented Student |
| 16 | | Liaison is available at each campus of the University. The |
| 17 | | Undocumented Student Liaison must be placed in a location that |
| 18 | | provides direct access for students in collaboration with the |
| 19 | | retention and matriculation programs of the University. The |
| 20 | | Undocumented Student Liaison shall report directly to senior |
| 21 | | leadership and shall assist leadership with the review of |
| 22 | | policies and procedures that directly affect undocumented and |
| 23 | | mixed status students. |
| 24 | | An Undocumented Student Liaison may work on outreach |
| 25 | | efforts to provide access to resources and support within the |
| 26 | | grade P-20 education pipeline by supporting summer enrichment |
|
| | HB5501 | - 1259 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | programs and pipeline options for students in any of grades 9 |
| 2 | | through 12. |
| 3 | | (b) The Board is encouraged to establish an Undocumented |
| 4 | | Student Resource Center on each of its campuses. An A |
| 5 | | Undocumented Student Resource Center may offer support |
| 6 | | services, including, but not limited to, State and private |
| 7 | | financial assistance, academic and career counseling, and |
| 8 | | retention and matriculation support services, as well as |
| 9 | | mental health counseling options because the changing |
| 10 | | immigration climate impacts a student's overall well-being and |
| 11 | | success. |
| 12 | | An Undocumented Student Resource Center may be housed
|
| 13 | | within an existing student service center or academic center, |
| 14 | | and the new construction of an Undocumented Student Resource |
| 15 | | Center is not required under this Section. |
| 16 | | The Board may seek and accept any financial support |
| 17 | | through institutional advancement, private gifts, or donations |
| 18 | | to aid in the creation and operation of and the services |
| 19 | | provided by an Undocumented Student Resource Center.
|
| 20 | | (Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)
|
| 21 | | (110 ILCS 685/30-250)
|
| 22 | | Sec. 30-250 30-220. Personal support worker's attendance |
| 23 | | in class permitted. If a student of the University has a |
| 24 | | personal support worker through the Home-Based Support
|
| 25 | | Services Program for Adults with Mental Disabilities under the
|
|
| | HB5501 | - 1260 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Developmental Disability and Mental Disability Services Act, |
| 2 | | the Board must permit the personal support worker to attend |
| 3 | | class with the student but is not responsible for providing or |
| 4 | | paying for the personal support worker. If the personal |
| 5 | | support worker's attendance in class is solely to provide |
| 6 | | personal support services to the student, the Board may not |
| 7 | | charge the personal support worker tuition and fees for such |
| 8 | | attendance.
|
| 9 | | (Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)
|
| 10 | | Section 375. The Western Illinois University Law is |
| 11 | | amended by setting forth, renumbering, and changing multiple
|
| 12 | | versions of Section 35-215 as follows:
|
| 13 | | (110 ILCS 690/35-215)
|
| 14 | | Sec. 35-215. Modification of athletic or team uniform |
| 15 | | permitted. |
| 16 | | (a) The Board must allow a student athlete to modify his or |
| 17 | | her athletic or team uniform due to the observance of modesty |
| 18 | | in clothing or attire in accordance with the requirements of |
| 19 | | his or her religion or his or her cultural values or modesty |
| 20 | | preferences. The modification of the athletic or team uniform |
| 21 | | may include, but is not limited to, the wearing of a hijab, an |
| 22 | | undershirt, or leggings. If a student chooses to modify his or |
| 23 | | her athletic or team uniform, the student is responsible for |
| 24 | | all costs associated with the modification of the uniform and |
|
| | HB5501 | - 1264 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for at least 12 months and who has worked at least 1,000 hours |
| 2 | | in the previous 12-month period shall be eligible for family |
| 3 | | and medical leave under the same terms and conditions as leave |
| 4 | | provided to eligible employees under the federal Family and |
| 5 | | Medical Leave Act of 1993.
|
| 6 | | (Source: P.A. 102-335, eff. 1-1-22; revised 11-5-21.)
|
| 7 | | (110 ILCS 690/35-240)
|
| 8 | | Sec. 35-240 35-215. Undocumented Student Liaison; |
| 9 | | Undocumented Student Resource Center. |
| 10 | | (a) Beginning with the 2022-2023 academic year, the Board |
| 11 | | shall designate an employee as an Undocumented Student |
| 12 | | Resource Liaison to be available on campus to provide |
| 13 | | assistance to undocumented students and mixed status students |
| 14 | | within the United States in streamlining access to financial |
| 15 | | aid and academic support to successfully matriculate to degree |
| 16 | | completion. The Undocumented Student Liaison shall provide |
| 17 | | assistance to vocational students, undergraduate students,
|
| 18 | | graduate students, and professional-track students. An |
| 19 | | employee who is designated as an Undocumented Student Liaison |
| 20 | | must be knowledgeable about current legislation and policy |
| 21 | | changes through professional development with the Illinois |
| 22 | | Dream Fund Commission to provide the wrap-around services to |
| 23 | | such students. The Illinois Dream Fund Commission shall |
| 24 | | conduct professional development under this Section. The |
| 25 | | Illinois Dream Fund Commission's task force on immigration |
|
| | HB5501 | - 1265 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | issues and the Undocumented Student Liaison shall ensure that |
| 2 | | undocumented immigrants and students from mixed status |
| 3 | | households receive equitable and inclusive access to the |
| 4 | | University's retention and matriculation programs. |
| 5 | | The Board shall ensure that an Undocumented Student |
| 6 | | Liaison is available at each campus of the University. The |
| 7 | | Undocumented Student Liaison must be placed in a location that |
| 8 | | provides direct access for students in collaboration with the |
| 9 | | retention and matriculation programs of the University. The |
| 10 | | Undocumented Student Liaison shall report directly to senior |
| 11 | | leadership and shall assist leadership with the review of |
| 12 | | policies and procedures that directly affect undocumented and |
| 13 | | mixed status students. |
| 14 | | An Undocumented Student Liaison may work on outreach |
| 15 | | efforts to provide access to resources and support within the |
| 16 | | grade P-20 education pipeline by supporting summer enrichment |
| 17 | | programs and pipeline options for students in any of grades 9 |
| 18 | | through 12. |
| 19 | | (b) The Board is encouraged to establish an Undocumented |
| 20 | | Student Resource Center on each of its campuses. An A |
| 21 | | Undocumented Student Resource Center may offer support |
| 22 | | services, including, but not limited to, State and private |
| 23 | | financial assistance, academic and career counseling, and |
| 24 | | retention and matriculation support services, as well as |
| 25 | | mental health counseling options because the changing |
| 26 | | immigration climate impacts a student's overall well-being and |
|
| | HB5501 | - 1267 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 380. The Public Community College Act is amended |
| 2 | | by setting forth, renumbering, and changing multiple
versions |
| 3 | | of Section 3-29.14 as follows:
|
| 4 | | (110 ILCS 805/3-29.14)
|
| 5 | | Sec. 3-29.14. Modification of athletic or team uniform |
| 6 | | permitted. |
| 7 | | (a) A board must allow a student athlete to modify his or |
| 8 | | her athletic or team uniform due to the observance of modesty |
| 9 | | in clothing or attire in accordance with the requirements of |
| 10 | | his or her religion or his or her cultural values or modesty |
| 11 | | preferences. The modification of the athletic or team uniform |
| 12 | | may include, but is not limited to, the wearing of a hijab, an |
| 13 | | undershirt, or leggings. If a student chooses to modify his or |
| 14 | | her athletic or team uniform, the student is responsible for |
| 15 | | all costs associated with the modification of the uniform and |
| 16 | | the student shall not be required to receive prior approval |
| 17 | | from the board for such modification. However, nothing in this |
| 18 | | Section prohibits the community college from providing the |
| 19 | | modification to the student. |
| 20 | | (b) At a minimum, any modification of the athletic or team |
| 21 | | uniform must not interfere with the movement of the student or |
| 22 | | pose a safety hazard to the student or to other athletes or |
| 23 | | players. The modification of headgear is permitted if the |
| 24 | | headgear: |
| 25 | | (1) is black, white, the predominant predominate color |
|
| | HB5501 | - 1269 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a) At least 30 days before the beginning of a semester or |
| 2 | | term and again at 14 days before the beginning of the semester |
| 3 | | or term, a community college must notify an adjunct professor |
| 4 | | about the status of class enrollment of the class the adjunct |
| 5 | | professor was assigned to teach. |
| 6 | | (b) This Section does not apply if the Governor has |
| 7 | | declared a disaster due to a public health emergency or a |
| 8 | | natural disaster pursuant to Section 7 of the Illinois |
| 9 | | Emergency Management Agency Act. |
| 10 | | (c) Collective bargaining agreements that are in effect on |
| 11 | | January 1, 2022 (the effective date of Public Act 102-260) |
| 12 | | this amendatory Act of the 102nd General Assembly are exempt |
| 13 | | from the requirements of this Section.
|
| 14 | | (Source: P.A. 102-260, eff. 1-1-22; revised 11-5-21.)
|
| 15 | | (110 ILCS 805/3-29.17)
|
| 16 | | Sec. 3-29.17 3-29.14. Undocumented Student Liaison; |
| 17 | | Undocumented Student Resource Center. |
| 18 | | (a) Beginning with the 2022-2023 academic year, a board |
| 19 | | shall designate an employee as an Undocumented Student |
| 20 | | Resource Liaison to be available on campus to provide |
| 21 | | assistance to undocumented students and mixed status students |
| 22 | | within the United States in streamlining access to financial |
| 23 | | aid and academic support to successfully matriculate to degree |
| 24 | | completion. The Undocumented Student Liaison shall provide |
| 25 | | assistance to vocational students, undergraduate students,
and |
|
| | HB5501 | - 1270 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | professional-track students. An employee who is designated as |
| 2 | | an Undocumented Student Liaison must be knowledgeable about |
| 3 | | current legislation and policy changes through professional |
| 4 | | development with the Illinois Dream Fund Commission to provide |
| 5 | | the wrap-around services to such students. The Illinois Dream |
| 6 | | Fund Commission shall conduct professional development under |
| 7 | | this Section. The Illinois Dream Fund Commission's task force |
| 8 | | on immigration issues and the Undocumented Student Liaison |
| 9 | | shall ensure that undocumented immigrants and students from |
| 10 | | mixed status households receive equitable and inclusive access |
| 11 | | to the community college district's retention and |
| 12 | | matriculation programs. |
| 13 | | The board shall ensure that an Undocumented Student |
| 14 | | Liaison is available at each campus of the community college |
| 15 | | district. The Undocumented Student Liaison must be placed in a |
| 16 | | location that provides direct access for students in |
| 17 | | collaboration with the retention and matriculation programs of |
| 18 | | the community college district. The Undocumented Student |
| 19 | | Liaison shall report directly to senior leadership and shall |
| 20 | | assist leadership with the review of policies and procedures |
| 21 | | that directly affect undocumented and mixed status students. |
| 22 | | An Undocumented Student Liaison may work on outreach |
| 23 | | efforts to provide access to resources and support within the |
| 24 | | grade P-20 education pipeline by supporting summer enrichment |
| 25 | | programs and pipeline options for students in any of grades 9 |
| 26 | | through 12. |
|
| | HB5501 | - 1271 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b) A board is encouraged to establish an Undocumented |
| 2 | | Student Resource Center on each campus of the community |
| 3 | | college district. An A Undocumented Student Resource Center |
| 4 | | may offer support services, including, but not limited to, |
| 5 | | State and private financial assistance, academic and career |
| 6 | | counseling, and retention and matriculation support services, |
| 7 | | as well as mental health counseling options because the |
| 8 | | changing immigration climate impacts a student's overall |
| 9 | | well-being and success. |
| 10 | | An Undocumented Student Resource Center may be housed
|
| 11 | | within an existing student service center or academic center, |
| 12 | | and the new construction of an Undocumented Student Resource |
| 13 | | Center is not required under this Section. |
| 14 | | The board may seek and accept any financial support |
| 15 | | through institutional advancement, private gifts, or donations |
| 16 | | to aid in the creation and operation of and the services |
| 17 | | provided by an Undocumented Student Resource Center.
|
| 18 | | (Source: P.A. 102-475, eff. 8-20-21; revised 11-5-21.)
|
| 19 | | (110 ILCS 805/3-29.18)
|
| 20 | | Sec. 3-29.18 3-29.14. Students with disabilities. |
| 21 | | (a) Each community college district shall provide access |
| 22 | | to higher education for students with disabilities, including, |
| 23 | | but not limited to, students with intellectual or |
| 24 | | developmental disabilities. Each community college is |
| 25 | | encouraged to offer for-credit and non-credit courses as |
|
| | HB5501 | - 1272 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | deemed appropriate for the individual student based on the |
| 2 | | student's abilities, interests, and postsecondary transition |
| 3 | | goals, with the appropriate individualized supplementary aids |
| 4 | | and accommodations, including general education courses, |
| 5 | | career and technical education, vocational training, |
| 6 | | continuing education certificates, individualized learning |
| 7 | | paths, and life skills courses for students with disabilities. |
| 8 | | (b) Each community college is strongly encouraged to have |
| 9 | | its disability services coordinator or the coordinator's |
| 10 | | representative participate either in person or remotely in |
| 11 | | meetings held by high schools within the community college |
| 12 | | district to provide information to the student's |
| 13 | | individualized education program team, including the student |
| 14 | | and the student's parent or guardian, about the community |
| 15 | | college and the availability of courses and programs at the |
| 16 | | community college.
|
| 17 | | (Source: P.A. 102-516, eff. 8-20-21; revised 11-5-21.)
|
| 18 | | (110 ILCS 805/3-29.19)
|
| 19 | | Sec. 3-29.19 3-29.14. Personal support worker's attendance |
| 20 | | in class permitted. If a student of a community college |
| 21 | | district has a personal support worker through the Home-Based |
| 22 | | Support Services Program for Adults with Mental Disabilities |
| 23 | | under the
Developmental Disability and Mental Disability |
| 24 | | Services Act, the board must permit the personal support |
| 25 | | worker to attend class with the student but is not responsible |
|
| | HB5501 | - 1274 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | maintains tribal affiliation or community attachment). |
| 2 | | (2) Asian (a person having origins in any of the |
| 3 | | original peoples of the Far East, Southeast Asia, or |
| 4 | | the Indian subcontinent, including, but not limited |
| 5 | | to, Cambodia, China, India, Japan, Korea, Malaysia, |
| 6 | | Pakistan, the Philippine Islands, Thailand, and |
| 7 | | Vietnam). |
| 8 | | (3) Black or African American (a person having |
| 9 | | origins in any of the black racial groups of Africa). |
| 10 | | (4) Hispanic or Latino (a person of Cuban, |
| 11 | | Mexican, Puerto Rican, South or Central American, or |
| 12 | | other Spanish culture or origin, regardless of race). |
| 13 | | (5) Native Hawaiian or Other Pacific Islander (a |
| 14 | | person having origins in any of the original peoples |
| 15 | | of Hawaii, Guam, Samoa, or other Pacific Islands).
|
| 16 | | "Qualified bilingual minority applicant" means a |
| 17 | | qualified student who demonstrates proficiency in a |
| 18 | | language other than English by (i) receiving a State Seal |
| 19 | | of Biliteracy from the State Board of Education or (ii) |
| 20 | | receiving a passing score on an educator licensure target |
| 21 | | language proficiency test. |
| 22 | | "Qualified student" means a person (i) who is a |
| 23 | | resident of this State
and a citizen or permanent resident |
| 24 | | of the United States; (ii) who is a
minority student, as |
| 25 | | defined in this Section; (iii) who, as an eligible
|
| 26 | | applicant, has made a timely application for a minority |
|
| | HB5501 | - 1275 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | teaching
scholarship under this Section; (iv) who is |
| 2 | | enrolled on at least a
half-time basis at a
qualified |
| 3 | | Illinois institution of
higher learning; (v) who is |
| 4 | | enrolled in a course of study leading to
teacher |
| 5 | | licensure, including alternative teacher licensure, or, if |
| 6 | | the student is already licensed to teach, in a course of |
| 7 | | study leading to an additional teaching endorsement or a |
| 8 | | master's degree in an academic field in which he or she is |
| 9 | | teaching or plans to teach or who has received one or more |
| 10 | | College and Career Pathway Endorsements pursuant to |
| 11 | | Section 80 of the Postsecondary and Workforce Readiness |
| 12 | | Act and commits to enrolling in a course of study leading |
| 13 | | to teacher licensure, including alternative teacher |
| 14 | | licensure; (vi)
who maintains a grade point average of no
|
| 15 | | less than 2.5 on a 4.0 scale;
and (vii) who continues to |
| 16 | | advance satisfactorily toward the attainment
of a degree.
|
| 17 | | (b) In order to encourage academically talented Illinois |
| 18 | | minority
students to pursue teaching careers at the preschool |
| 19 | | or elementary or
secondary
school
level and to address and |
| 20 | | alleviate the teacher shortage crisis in this State described |
| 21 | | under the provisions of the Transitions in Education Act, each |
| 22 | | qualified student shall be awarded a minority teacher
|
| 23 | | scholarship to any qualified Illinois institution of higher |
| 24 | | learning.
However, preference may be given to qualified |
| 25 | | applicants enrolled at or above
the
junior level.
|
| 26 | | (c) Each minority teacher scholarship awarded under this |
|
| | HB5501 | - 1276 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section shall
be in an amount sufficient to pay the tuition and |
| 2 | | fees and room and board
costs of the qualified Illinois |
| 3 | | institution of higher learning at which the
recipient is |
| 4 | | enrolled, up to an annual maximum of $5,000;
except that
in
the |
| 5 | | case of a recipient who does not reside on-campus at the |
| 6 | | institution at
which he or she is enrolled, the amount of the |
| 7 | | scholarship shall be
sufficient to pay tuition and fee |
| 8 | | expenses and a commuter allowance, up to
an annual maximum of |
| 9 | | $5,000.
However, if at least $2,850,000 is appropriated in a |
| 10 | | given fiscal year for the Minority Teachers of Illinois |
| 11 | | scholarship program, then, in each fiscal year thereafter, |
| 12 | | each scholarship awarded under this Section shall
be in an |
| 13 | | amount sufficient to pay the tuition and fees and room and |
| 14 | | board
costs of the qualified Illinois institution of higher |
| 15 | | learning at which the
recipient is enrolled, up to an annual |
| 16 | | maximum of $7,500;
except that
in
the case of a recipient who |
| 17 | | does not reside on-campus at the institution at
which he or she |
| 18 | | is enrolled, the amount of the scholarship shall be
sufficient |
| 19 | | to pay tuition and fee expenses and a commuter allowance, up to
|
| 20 | | an annual maximum of $7,500.
|
| 21 | | (d) The total amount of minority teacher scholarship |
| 22 | | assistance awarded by
the Commission under this Section to an |
| 23 | | individual in any given fiscal
year, when added to other |
| 24 | | financial assistance awarded to that individual
for that year, |
| 25 | | shall not exceed the cost of attendance at the institution
at |
| 26 | | which the student is enrolled. If the amount of minority |
|
| | HB5501 | - 1277 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | teacher
scholarship to be awarded to a qualified student as |
| 2 | | provided in
subsection (c) of this Section exceeds the cost of |
| 3 | | attendance at the
institution at which the student is |
| 4 | | enrolled, the minority teacher
scholarship shall be reduced by |
| 5 | | an amount equal to the amount by which the
combined financial |
| 6 | | assistance available to the student exceeds the cost
of |
| 7 | | attendance.
|
| 8 | | (e) The maximum number of academic terms for which a |
| 9 | | qualified
student
can receive minority teacher scholarship |
| 10 | | assistance shall be 8 semesters or
12 quarters.
|
| 11 | | (f) In any academic year for which an eligible applicant |
| 12 | | under this
Section accepts financial assistance through the |
| 13 | | Paul Douglas Teacher
Scholarship Program, as authorized by |
| 14 | | Section 551 et seq. of the Higher
Education Act of 1965, the |
| 15 | | applicant shall not be eligible for scholarship
assistance |
| 16 | | awarded under this Section.
|
| 17 | | (g) All applications for minority teacher scholarships to |
| 18 | | be awarded
under this Section shall be made to the Commission |
| 19 | | on forms which the
Commission shall provide for eligible |
| 20 | | applicants. The form of applications
and the information |
| 21 | | required to be set forth therein shall be determined by
the |
| 22 | | Commission, and the Commission shall require eligible |
| 23 | | applicants to
submit with their applications such supporting |
| 24 | | documents or recommendations
as the Commission deems |
| 25 | | necessary.
|
| 26 | | (h) Subject to a separate appropriation for such purposes, |
|
| | HB5501 | - 1278 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | payment of
any minority teacher scholarship awarded under this |
| 2 | | Section shall be
determined by the Commission. All scholarship |
| 3 | | funds distributed in
accordance with this subsection shall be |
| 4 | | paid to the institution and used
only for payment of the |
| 5 | | tuition and fee and room and board expenses
incurred by the |
| 6 | | student in connection with his or her attendance at a |
| 7 | | qualified Illinois institution of higher
learning. Any |
| 8 | | minority teacher scholarship awarded under this Section
shall |
| 9 | | be applicable to 2 semesters or 3 quarters of enrollment. If a
|
| 10 | | qualified student withdraws from enrollment prior to |
| 11 | | completion of the
first semester or quarter for which the |
| 12 | | minority teacher scholarship is
applicable, the school shall |
| 13 | | refund to the Commission the full amount of the
minority |
| 14 | | teacher scholarship.
|
| 15 | | (i) The Commission shall administer the minority teacher |
| 16 | | scholarship aid
program established by this Section and shall |
| 17 | | make all necessary and proper
rules not inconsistent with this |
| 18 | | Section for its effective implementation.
|
| 19 | | (j) When an appropriation to the Commission for a given |
| 20 | | fiscal year is
insufficient to provide scholarships to all |
| 21 | | qualified students, the
Commission shall allocate the |
| 22 | | appropriation in accordance with this
subsection. If funds are |
| 23 | | insufficient to provide all qualified students
with a |
| 24 | | scholarship as authorized by this Section, the Commission |
| 25 | | shall
allocate the available scholarship funds for that fiscal |
| 26 | | year to qualified students who submit a complete application |
|
| | HB5501 | - 1279 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | form on or before a date specified by the Commission based on |
| 2 | | the following order of priority: |
| 3 | | (1) To students who received a scholarship under this |
| 4 | | Section in the prior academic year and who remain eligible |
| 5 | | for a minority teacher scholarship under this Section. |
| 6 | | (2) Except as otherwise provided in subsection (k), to |
| 7 | | students who demonstrate financial need, as determined by |
| 8 | | the Commission.
|
| 9 | | (k) Notwithstanding paragraph (2) of subsection (j), at |
| 10 | | least 35% of the funds appropriated for
scholarships awarded |
| 11 | | under this Section in each fiscal year shall be reserved
for |
| 12 | | qualified male minority applicants, with priority being given |
| 13 | | to qualified Black male applicants beginning with fiscal year |
| 14 | | 2023.
If the Commission does not receive enough applications |
| 15 | | from qualified male
minorities on or before
January 1 of each |
| 16 | | fiscal year to award 35% of the funds appropriated for these
|
| 17 | | scholarships to qualified
male minority applicants, then the |
| 18 | | Commission may award a portion of the
reserved funds to |
| 19 | | qualified
female minority applicants in accordance with |
| 20 | | subsection (j).
|
| 21 | | Beginning with fiscal year 2023, if at least $2,850,000 |
| 22 | | but less than $4,200,000 is appropriated in a given fiscal |
| 23 | | year for scholarships awarded under this Section, then at |
| 24 | | least 10% of the funds appropriated shall be reserved for |
| 25 | | qualified bilingual minority applicants, with priority being |
| 26 | | given to qualified bilingual minority applicants who are |
|
| | HB5501 | - 1280 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | enrolled in an educator preparation program with a |
| 2 | | concentration in bilingual, bicultural education. Beginning |
| 3 | | with fiscal year 2023, if at least $4,200,000 is appropriated |
| 4 | | in a given fiscal year for the Minority Teachers of Illinois |
| 5 | | scholarship program, then at least 30% of the funds |
| 6 | | appropriated shall be reserved for qualified bilingual |
| 7 | | minority applicants, with priority being given to qualified |
| 8 | | bilingual minority applicants who are enrolled in an educator |
| 9 | | preparation program with a concentration in bilingual, |
| 10 | | bicultural education. Beginning with fiscal year 2023, if at |
| 11 | | least $2,850,000 is appropriated in a given fiscal year for |
| 12 | | scholarships awarded under this Section but the Commission |
| 13 | | does not receive enough applications from qualified bilingual |
| 14 | | minority applicants on or before January 1 of that fiscal year |
| 15 | | to award at least 10% of the funds appropriated to qualified |
| 16 | | bilingual minority applicants, then the Commission may, in its |
| 17 | | discretion, award a portion of the reserved funds to other |
| 18 | | qualified students in accordance with subsection (j).
|
| 19 | | (l) Prior to receiving scholarship assistance for any |
| 20 | | academic year,
each recipient of a minority teacher |
| 21 | | scholarship awarded under this Section
shall be required by |
| 22 | | the Commission to sign an agreement under which the
recipient |
| 23 | | pledges that, within the one-year period following the
|
| 24 | | termination
of the program for which the recipient was awarded |
| 25 | | a minority
teacher scholarship, the recipient (i) shall begin |
| 26 | | teaching for a
period of not less
than one year for each year |
|
| | HB5501 | - 1281 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of scholarship assistance he or she was awarded
under this |
| 2 | | Section; (ii) shall fulfill this teaching obligation at a
|
| 3 | | nonprofit Illinois public, private, or parochial preschool, |
| 4 | | elementary school,
or secondary school at which no less than |
| 5 | | 30% of the enrolled students are
minority students in the year |
| 6 | | during which the recipient begins teaching at the
school or |
| 7 | | may instead, if the recipient received a scholarship as a |
| 8 | | qualified bilingual minority applicant, fulfill this teaching |
| 9 | | obligation in a program in transitional bilingual education |
| 10 | | pursuant to Article 14C of the School Code or in a school in |
| 11 | | which 20 or more English learner students in the same language |
| 12 | | classification are enrolled; and (iii) shall, upon request by |
| 13 | | the Commission, provide the Commission
with evidence that he |
| 14 | | or she is fulfilling or has fulfilled the terms of the
teaching |
| 15 | | agreement provided for in this subsection.
|
| 16 | | (m) If a recipient of a minority teacher scholarship |
| 17 | | awarded under this
Section fails to fulfill the teaching |
| 18 | | obligation set forth in subsection
(l) of this Section, the |
| 19 | | Commission shall require the recipient to repay
the amount of |
| 20 | | the scholarships received, prorated according to the fraction
|
| 21 | | of the teaching obligation not completed, at a rate of |
| 22 | | interest equal to
5%, and, if applicable, reasonable |
| 23 | | collection fees.
The Commission is authorized to establish |
| 24 | | rules relating to its collection
activities for repayment of |
| 25 | | scholarships under this Section. All repayments
collected |
| 26 | | under this Section shall be forwarded to the State Comptroller |
|
| | HB5501 | - 1282 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for
deposit into the State's General Revenue Fund.
|
| 2 | | (n) A recipient of minority teacher scholarship shall not |
| 3 | | be considered
in violation of the agreement entered into |
| 4 | | pursuant to subsection (l) if
the recipient (i) enrolls on a |
| 5 | | full time basis as a graduate student in a
course of study |
| 6 | | related to the field of teaching at a qualified Illinois
|
| 7 | | institution of higher learning; (ii) is serving, not in excess |
| 8 | | of 3 years,
as a member of the armed services of the United |
| 9 | | States; (iii) is
a person with a temporary total disability |
| 10 | | for a period of time not to exceed 3 years as
established by |
| 11 | | sworn affidavit of a qualified physician; (iv) is seeking
and |
| 12 | | unable to find full time employment as a teacher at an Illinois |
| 13 | | public,
private, or parochial preschool or elementary or |
| 14 | | secondary school that
satisfies the
criteria set forth in |
| 15 | | subsection (l) of this Section and is able to provide
evidence |
| 16 | | of that fact; (v) becomes a person with a permanent total |
| 17 | | disability as
established by sworn affidavit of a qualified |
| 18 | | physician; (vi) is taking additional courses, on at least a |
| 19 | | half-time basis, needed to obtain licensure as a teacher in |
| 20 | | Illinois; or (vii) is fulfilling teaching requirements |
| 21 | | associated with other programs administered by the Commission |
| 22 | | and cannot concurrently fulfill them under this Section in a |
| 23 | | period of time equal to the length of the teaching obligation.
|
| 24 | | (o) Scholarship recipients under this Section who withdraw |
| 25 | | from
a program of teacher education but remain enrolled in |
| 26 | | school
to continue their postsecondary studies in another |
|
| | HB5501 | - 1283 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | academic discipline shall
not be required to commence |
| 2 | | repayment of their Minority Teachers of Illinois
scholarship |
| 3 | | so long as they remain enrolled in school on a full-time basis |
| 4 | | or
if they can document for the Commission special |
| 5 | | circumstances that warrant
extension of repayment.
|
| 6 | | (p) If the Minority Teachers of Illinois scholarship |
| 7 | | program does not expend at least 90% of the amount |
| 8 | | appropriated for the program in a given fiscal year for 3 |
| 9 | | consecutive fiscal years and the Commission does not receive |
| 10 | | enough applications from the groups identified in subsection |
| 11 | | (k) on or before January 1 in each of those fiscal years to |
| 12 | | meet the percentage reserved for those groups under subsection |
| 13 | | (k), then up to 3% of amount appropriated for the program for |
| 14 | | each of next 3 fiscal years shall be allocated to increasing |
| 15 | | awareness of the program and for the recruitment of Black male |
| 16 | | applicants. The Commission shall make a recommendation to the |
| 17 | | General Assembly by January 1 of the year immediately |
| 18 | | following the end of that third fiscal year regarding whether |
| 19 | | the amount allocated to increasing awareness and recruitment |
| 20 | | should continue. |
| 21 | | (q) Each qualified Illinois institution of higher learning |
| 22 | | that receives funds from the Minority Teachers of Illinois |
| 23 | | scholarship program shall host an annual information session |
| 24 | | at the institution about the program for teacher candidates of |
| 25 | | color in accordance with rules adopted by the Commission. |
| 26 | | Additionally, the institution shall ensure that each |
|
| | HB5501 | - 1285 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois Professional Educator License with an endorsement |
| 2 | | in School Social Work. |
| 3 | | (b) If an appropriation for this Section for a given |
| 4 | | fiscal year is insufficient to provide scholarships to all |
| 5 | | qualified applicants, the Commission shall allocate the |
| 6 | | appropriation in accordance with this subsection (b). If funds |
| 7 | | are insufficient to provide all qualified applicants with a |
| 8 | | scholarship as authorized by this Section, the Commission |
| 9 | | shall allocate the available scholarship funds for that fiscal |
| 10 | | year to qualified applicants who submit a complete application |
| 11 | | on or before a date specified by the Commission, based on the |
| 12 | | following order of priority: |
| 13 | | (1) firstly, to students who received a scholarship |
| 14 | | under this Section in the prior academic year and who |
| 15 | | remain eligible for a scholarship under this Section; |
| 16 | | (2) secondly, to new, qualified applicants who are |
| 17 | | members of a racial minority, as defined in subsection |
| 18 | | (c); and |
| 19 | | (3) finally, to other new, qualified applicants in |
| 20 | | accordance with this Section. |
| 21 | | (c) Scholarships awarded under this Section shall be |
| 22 | | issued pursuant to rules adopted by the Commission. In |
| 23 | | awarding scholarships, the Commission shall give priority to |
| 24 | | those applicants who are members of a racial minority. Racial |
| 25 | | minorities are underrepresented as school social workers in |
| 26 | | elementary and secondary schools in this State, and the |
|
| | HB5501 | - 1286 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | General Assembly finds that it is in the interest of this State |
| 2 | | to provide them with priority consideration for programs that |
| 3 | | encourage their participation in this field and thereby foster |
| 4 | | a profession that is more reflective of the diversity of |
| 5 | | Illinois students and the parents they will serve. A more |
| 6 | | reflective workforce in school social work allows improved |
| 7 | | outcomes for students and a better utilization of services. |
| 8 | | Therefore, the Commission shall give priority to those |
| 9 | | applicants who are members of a racial minority. In this |
| 10 | | subsection (c), "racial minority" means a person who is a |
| 11 | | citizen of the United States or a lawful permanent resident |
| 12 | | alien of the United States and who is: |
| 13 | | (1) Black (a person having origins in any of the black |
| 14 | | racial groups in Africa); |
| 15 | | (2) Hispanic (a person of Spanish or Portuguese |
| 16 | | culture with origins in Mexico, South or Central America, |
| 17 | | or the Caribbean Islands, regardless of race); |
| 18 | | (3) Asian American (a person having origins in any of |
| 19 | | the original peoples of the Far East, Southeast Asia, the |
| 20 | | Indian Subcontinent, or the Pacific Islands); or |
| 21 | | (4) American Indian or Alaskan Native (a person having |
| 22 | | origins in any of the original peoples of North America). |
| 23 | | (d) Each scholarship shall be applied to the payment of |
| 24 | | tuition and mandatory fees at the University of Illinois, |
| 25 | | Southern Illinois University, Chicago State University, |
| 26 | | Eastern Illinois University, Governors State University, |
|
| | HB5501 | - 1287 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois State University, Northeastern Illinois University, |
| 2 | | Northern Illinois University, and Western Illinois University. |
| 3 | | Each scholarship may be applied to pay tuition and mandatory |
| 4 | | fees required to obtain an Illinois Professional Educator |
| 5 | | License with an endorsement in School Social Work. |
| 6 | | (e) The Commission shall make tuition and fee payments |
| 7 | | directly to the qualified institution of higher learning that |
| 8 | | the applicant attends. |
| 9 | | (f) Any person who has accepted a scholarship under this |
| 10 | | Section must, within one year after graduation or termination |
| 11 | | of enrollment in a Post-Master of Social Work Professional |
| 12 | | Education License with an endorsement in School Social Work |
| 13 | | program, begin working as a school social worker at a public or |
| 14 | | nonpublic not-for-profit preschool, elementary school, or |
| 15 | | secondary school located in this State for at least 2 of the 5 |
| 16 | | years immediately following that graduation or termination, |
| 17 | | excluding, however, from the computation of that 5-year |
| 18 | | period: (i) any time up to 3 years spent in the military |
| 19 | | service, whether such service occurs before or after the |
| 20 | | person graduates; (ii) the time that person is a person with a |
| 21 | | temporary total disability for a period of time not to exceed 3 |
| 22 | | years, as established by the sworn affidavit of a qualified |
| 23 | | physician; and (iii) the time that person is seeking and |
| 24 | | unable to find full-time employment as a school social worker |
| 25 | | at a State public or nonpublic not-for-profit preschool, |
| 26 | | elementary school, or secondary school. |
|
| | HB5501 | - 1288 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (g) If a recipient of a scholarship under this Section |
| 2 | | fails to fulfill the work obligation set forth in subsection |
| 3 | | (f), the Commission shall require the recipient to repay the |
| 4 | | amount of the scholarships received, prorated according to the |
| 5 | | fraction of the obligation not completed, at a rate of |
| 6 | | interest equal to 5%, and, if applicable, reasonable |
| 7 | | collection fees. The Commission is authorized to establish |
| 8 | | rules relating to its collection activities for repayment of |
| 9 | | scholarships under this Section. All repayments collected |
| 10 | | under this Section shall be forwarded to the State Comptroller |
| 11 | | for deposit into this State's General Revenue Fund. |
| 12 | | A recipient of a scholarship under this Section is not |
| 13 | | considered to be in violation of the failure to fulfill the |
| 14 | | work obligation under subsection (f) if the recipient (i) |
| 15 | | enrolls on a full-time basis as a graduate student in a course |
| 16 | | of study related to the field of social work at a qualified |
| 17 | | Illinois institution of higher learning; (ii) is serving, not |
| 18 | | in excess of 3 years, as a member of the armed services of the |
| 19 | | United States; (iii) is a person with a temporary total |
| 20 | | disability for a period of time not to exceed 3 years, as |
| 21 | | established by the sworn affidavit of a qualified physician; |
| 22 | | (iv) is seeking and unable to find full-time employment as a |
| 23 | | school social worker at an Illinois public or nonpublic |
| 24 | | not-for-profit preschool, elementary school, or secondary |
| 25 | | school that satisfies the criteria set forth in subsection (f) |
| 26 | | and is able to provide evidence of that fact; or (v) becomes a |
|
| | HB5501 | - 1289 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | person with a permanent total disability, as established by |
| 2 | | the sworn affidavit of a qualified physician.
|
| 3 | | (Source: P.A. 102-621, eff. 1-1-22.)
|
| 4 | | (110 ILCS 947/65.115)
|
| 5 | | (This Section may contain text from a Public Act with a |
| 6 | | delayed effective date) |
| 7 | | Sec. 65.115 65.110. School Social Work Shortage Loan |
| 8 | | Repayment Program. |
| 9 | | (a) To encourage Illinois students to work, and to |
| 10 | | continue to work, as a school social worker in public school |
| 11 | | districts in this State, the Commission shall, each year, |
| 12 | | receive and consider applications for loan repayment |
| 13 | | assistance under this Section. This program shall be known as |
| 14 | | the School Social Work Shortage Loan Repayment Program. The |
| 15 | | Commission shall administer the program and shall adopt all |
| 16 | | necessary and proper rules to effectively implement the |
| 17 | | program. |
| 18 | | (b) Beginning July 1, 2022, subject to a separate |
| 19 | | appropriation made for such purposes, the Commission shall |
| 20 | | award a grant, up to a maximum of $6,500, to each qualified |
| 21 | | applicant. The Commission may encourage the recipient of a |
| 22 | | grant under this Section to use the grant award for repayment |
| 23 | | of the recipient's educational loan. If an appropriation for |
| 24 | | this program for a given fiscal year is insufficient to |
| 25 | | provide grants to all qualified applicants, the Commission |
|
| | HB5501 | - 1290 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall allocate the appropriation in accordance with this |
| 2 | | subsection. If funds are insufficient to provide all qualified |
| 3 | | applicants with a grant as authorized by this Section, the |
| 4 | | Commission shall allocate the available grant funds for that |
| 5 | | fiscal year to qualified applicants who submit a complete |
| 6 | | application on or before a date specified by the Commission, |
| 7 | | based on the following order of priority: |
| 8 | | (1) first, to new, qualified applicants who are |
| 9 | | members of a racial minority as defined in subsection (e); |
| 10 | | and |
| 11 | | (2) second, to other new, qualified applicants in |
| 12 | | accordance with this Section. |
| 13 | | (c) A person is a qualified applicant under this Section |
| 14 | | if he or she meets all of the following qualifications: |
| 15 | | (1) The person is a United States citizen or eligible |
| 16 | | noncitizen. |
| 17 | | (2) The person is a resident of this State. |
| 18 | | (3) The person is a borrower with an outstanding |
| 19 | | balance due on an educational loan related to obtaining a |
| 20 | | degree in social work. |
| 21 | | (4) The person has been employed as a school social |
| 22 | | worker by a public elementary school or secondary school |
| 23 | | in this State for at least 12 consecutive months. |
| 24 | | (5) The person is currently employed as a school |
| 25 | | social worker by a public elementary school or secondary |
| 26 | | school in this State. |
|
| | HB5501 | - 1291 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (d) An applicant shall submit an application, in a form |
| 2 | | determined by the Commission, for grant assistance under this |
| 3 | | Section to the Commission. An applicant is required to submit, |
| 4 | | with the application, supporting documentation as the |
| 5 | | Commission may deem necessary. |
| 6 | | (e) Racial minorities are underrepresented as school |
| 7 | | social workers in elementary and secondary schools in |
| 8 | | Illinois, and the General Assembly finds that it is in the |
| 9 | | interest of this State to provide them priority consideration |
| 10 | | for programs that encourage their participation in this field |
| 11 | | and thereby foster a profession that is more reflective of the |
| 12 | | diversity of Illinois students and parents they will serve. A |
| 13 | | more reflective workforce in school social work allows |
| 14 | | improved outcomes for students and a better utilization of |
| 15 | | services. Therefore, the Commission shall give priority to |
| 16 | | those applicants who are members of a racial minority. In this |
| 17 | | subsection (e), "racial minority" means a person who is a |
| 18 | | citizen of the United States or a lawful permanent resident |
| 19 | | alien of the United States and who is: |
| 20 | | (1) Black (a person having origins in any of the black
|
| 21 | | racial groups in Africa); |
| 22 | | (2) Hispanic (a person of Spanish or Portuguese
|
| 23 | | culture with origins in Mexico, South or Central America,
|
| 24 | | or the Caribbean Islands, regardless of race); |
| 25 | | (3) Asian American (a person having origins in any of
|
| 26 | | the original peoples of the Far East, Southeast Asia, the
|
|
| | HB5501 | - 1292 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Indian Subcontinent, or the Pacific Islands); or |
| 2 | | (4) American Indian or Alaskan Native (a person having
|
| 3 | | origins in any of the original peoples of North America).
|
| 4 | | (Source: P.A. 102-622, eff. 7-1-22; revised 11-10-21.)
|
| 5 | | Section 390. The Know Before You Owe Private Education |
| 6 | | Loan Act is amended by changing Section 15 as follows:
|
| 7 | | (110 ILCS 983/15)
|
| 8 | | Sec. 15. Provision of information. |
| 9 | | (a) Provision of loan statement to borrowers. |
| 10 | | (1) Loan statement. A private educational lender that |
| 11 | | disburses any funds with respect to a private education |
| 12 | | loan described in this Section shall send loan statements, |
| 13 | | to the borrowers of those funds not less than once every 3 |
| 14 | | months during the time that the borrower is enrolled at an |
| 15 | | institution of higher education. |
| 16 | | (2) Contents of statements for income share |
| 17 | | agreements. Each statement described in
subparagraph (1) |
| 18 | | with respect to income share agreements, shall: |
| 19 | | (A) report the consumer's total amounts financed |
| 20 | | under each income share
agreement; |
| 21 | | (B) report the percentage of income payable under |
| 22 | | each income share agreement; |
| 23 | | (C) report the maximum number of monthly payments |
| 24 | | required to be paid under
each income share agreement; |
|
| | HB5501 | - 1294 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | application initiated by a borrower for a private education |
| 2 | | loan in accordance with Section 5, the institution of higher |
| 3 | | education shall within 15 days of receipt of the request |
| 4 | | provide certification to such private educational lender: |
| 5 | | (1) that the borrower who initiated the application |
| 6 | | for the private education loan, or on whose behalf the |
| 7 | | application was initiated, is enrolled or is scheduled to |
| 8 | | enroll at the institution of higher education; |
| 9 | | (2) of the borrower's cost of attendance at the |
| 10 | | institution of higher education as determined under |
| 11 | | paragraph (2) of subsection (a) of this Section; |
| 12 | | (3) of the difference between: |
| 13 | | (A) the cost of attendance at the institution of |
| 14 | | higher education; and |
| 15 | | (B) the borrower's estimated financial assistance |
| 16 | | received under the federal Higher Education Act of |
| 17 | | 1965 and other assistance known to the institution of |
| 18 | | higher education, as applicable; |
| 19 | | (4) that the institution of higher education has |
| 20 | | received the request for certification and will need |
| 21 | | additional time to comply with the certification request; |
| 22 | | and |
| 23 | | (5) if applicable, that the institution of higher |
| 24 | | education is refusing to certify the private education |
| 25 | | loan. |
| 26 | | (c) Certification of exhaustion of federal student loan |
|
| | HB5501 | - 1295 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | funds to borrower. With respect to a certification request |
| 2 | | described under subsection (b), and prior to providing such |
| 3 | | certification in paragraph (1) of subsection (b) or providing |
| 4 | | notice of the refusal to provide certification under paragraph |
| 5 | | (5) of subsection (b), the institution of higher education |
| 6 | | shall: |
| 7 | | (1) determine whether the borrower who initiated the |
| 8 | | application for the private education loan, or on whose |
| 9 | | behalf the application was initiated, has applied for and |
| 10 | | exhausted the federal financial assistance available to |
| 11 | | such borrower under the federal Higher Education Act of |
| 12 | | 1965 and inform the borrower accordingly; |
| 13 | | (2) provide the borrower whose loan application has |
| 14 | | prompted the certification request by a private |
| 15 | | educational lender, as described in paragraph (1) of |
| 16 | | subsection (b), with the following information and |
| 17 | | disclosures: |
| 18 | | (A) the amount of additional federal student |
| 19 | | assistance for which the borrower is eligible and the |
| 20 | | advantages of federal loans under the federal Higher |
| 21 | | Education Act of 1965, including disclosure of income |
| 22 | | driven repayment options, fixed interest rates, |
| 23 | | deferments, flexible repayment options, loan |
| 24 | | forgiveness programs, additional protections, and the |
| 25 | | higher student loan limits for dependent borrowers |
| 26 | | whose parents are not eligible for a Federal Direct |
|
| | HB5501 | - 1297 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (115 ILCS 5/14) (from Ch. 48, par. 1714)
|
| 2 | | Sec. 14. Unfair labor practices.
|
| 3 | | (a) Educational employers, their agents
or representatives |
| 4 | | are prohibited from:
|
| 5 | | (1) Interfering, restraining or coercing employees in |
| 6 | | the exercise of
the rights guaranteed under this Act.
|
| 7 | | (2) Dominating or interfering with the formation, |
| 8 | | existence or
administration of any employee organization.
|
| 9 | | (3) Discriminating in regard to hire or tenure of |
| 10 | | employment or any term
or condition of employment to |
| 11 | | encourage or discourage membership in any
employee |
| 12 | | organization.
|
| 13 | | (4) Discharging or otherwise discriminating against an |
| 14 | | employee because
he or she has signed or filed an |
| 15 | | affidavit, authorization card, petition or
complaint or |
| 16 | | given any information or testimony under this Act.
|
| 17 | | (5) Refusing to bargain collectively in good faith |
| 18 | | with an employee
representative which is the exclusive |
| 19 | | representative of employees in an
appropriate unit, |
| 20 | | including, but not limited to, the discussing of |
| 21 | | grievances
with the exclusive representative; provided, |
| 22 | | however, that if an alleged
unfair labor practice involves |
| 23 | | interpretation or application of the terms
of a collective |
| 24 | | bargaining agreement and said agreement contains a
|
| 25 | | grievance and arbitration procedure, the Board may defer |
| 26 | | the resolution of
such dispute to the grievance and |
|
| | HB5501 | - 1298 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | arbitration procedure contained in said
agreement.
|
| 2 | | (6) Refusing to reduce a collective bargaining |
| 3 | | agreement to writing and
signing such agreement.
|
| 4 | | (7) Violating any of the rules and regulations |
| 5 | | promulgated by the Board
regulating the conduct of |
| 6 | | representation elections.
|
| 7 | | (8) Refusing to comply with the provisions of a |
| 8 | | binding arbitration award.
|
| 9 | | (9) Expending or causing the expenditure of public |
| 10 | | funds to any
external agent, individual, firm, agency, |
| 11 | | partnership or association in any
attempt to influence the |
| 12 | | outcome of representational elections held
pursuant to |
| 13 | | paragraph (c) of Section 7 of this Act; provided, that |
| 14 | | nothing
in this subsection shall be construed to limit an |
| 15 | | employer's right to be
represented on any matter |
| 16 | | pertaining to unit determinations, unfair labor
practice |
| 17 | | charges or pre-election conferences in any formal or |
| 18 | | informal
proceeding before the Board, or to seek or obtain |
| 19 | | advice from legal counsel.
Nothing in this paragraph shall |
| 20 | | be construed to prohibit an employer from
expending or |
| 21 | | causing the expenditure of public funds on, or seeking or
|
| 22 | | obtaining services or advice from, any organization, group |
| 23 | | or association
established by, and including educational |
| 24 | | or public employers, whether or
not covered by this Act, |
| 25 | | the Illinois Public Labor Relations Act or the
public |
| 26 | | employment labor relations law of any other state or the |
|
| | HB5501 | - 1299 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | federal
government, provided that such services or advice |
| 2 | | are generally available
to the membership of the |
| 3 | | organization, group, or association, and are not
offered |
| 4 | | solely in an attempt to influence the outcome of a |
| 5 | | particular
representational election.
|
| 6 | | (10) Interfering with, restraining, coercing, |
| 7 | | deterring or discouraging educational employees or |
| 8 | | applicants to be educational employees from: (1) becoming |
| 9 | | members of an employee organization; (2) authorizing |
| 10 | | representation by an employee organization; or (3) |
| 11 | | authorizing dues or fee deductions to an employee |
| 12 | | organization, nor shall the employer intentionally permit |
| 13 | | outside third parties to use its email or other |
| 14 | | communications systems to engage in that conduct. An |
| 15 | | employer's good faith implementation of a policy to block |
| 16 | | the use of its email or other communication systems for |
| 17 | | such purposes shall be a defense to an unfair labor |
| 18 | | practice. |
| 19 | | (11) Disclosing to any person or entity information |
| 20 | | set forth in subsection (d) of Section 3 of this Act that |
| 21 | | the employer knows or should know will be used to |
| 22 | | interfere with, restrain, coerce, deter, or discourage any |
| 23 | | public employee from: (i) becoming or remaining members of |
| 24 | | a labor organization, (ii) authorizing representation by a |
| 25 | | labor organization, or (iii) authorizing dues or fee |
| 26 | | deductions to a labor organization. |
|
| | HB5501 | - 1300 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (12) Promising, threatening, or taking any action (i) |
| 2 | | to permanently replace an employee who participates in a |
| 3 | | lawful strike under Section 13 of this Act, (ii) to |
| 4 | | discriminate against an employee who is working or has |
| 5 | | unconditionally offered to return to work for the employer |
| 6 | | because the employee supported or participated in such as |
| 7 | | a lawful strike, or
(iii) to lock out lockout, suspend, or |
| 8 | | otherwise withhold from employment employees in order to |
| 9 | | influence the position of such employees or the |
| 10 | | representative of such employees in collective bargaining |
| 11 | | prior to a lawful strike. |
| 12 | | (b) Employee organizations, their agents or |
| 13 | | representatives or educational
employees are prohibited from:
|
| 14 | | (1) Restraining or coercing employees in the exercise |
| 15 | | of the rights
guaranteed under this Act, provided that a |
| 16 | | labor organization or its
agents shall commit an unfair |
| 17 | | labor practice under this paragraph in duty
of fair |
| 18 | | representation cases only by intentional misconduct in |
| 19 | | representing
employees under this Act.
|
| 20 | | (2) Restraining or coercing an educational employer in |
| 21 | | the selection of
his representative for the purposes of |
| 22 | | collective bargaining or the adjustment
of grievances.
|
| 23 | | (3) Refusing to bargain collectively in good faith |
| 24 | | with an educational
employer, if they have been designated |
| 25 | | in accordance with the provisions
of this Act as the |
| 26 | | exclusive representative of employees in an appropriate
|
|
| | HB5501 | - 1301 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | unit.
|
| 2 | | (4) Violating any of the rules and regulations |
| 3 | | promulgated by the Board
regulating the conduct of |
| 4 | | representation elections.
|
| 5 | | (5) Refusing to reduce a collective bargaining |
| 6 | | agreement to writing and
signing such agreement.
|
| 7 | | (6) Refusing to comply with the provisions of a |
| 8 | | binding arbitration award.
|
| 9 | | (c) The expressing of any views, argument, opinion or the
|
| 10 | | dissemination thereof, whether in written, printed, graphic or |
| 11 | | visual form,
shall not constitute or be evidence of an unfair |
| 12 | | labor practice under any
of the provisions of this Act, if such |
| 13 | | expression contains no threat of
reprisal or force or promise |
| 14 | | of benefit.
|
| 15 | | (c-5) The employer shall not discourage public employees |
| 16 | | or applicants to be public employees from becoming or |
| 17 | | remaining union members or authorizing dues deductions, and |
| 18 | | shall not otherwise interfere with the relationship between |
| 19 | | employees and their exclusive bargaining representative. The |
| 20 | | employer shall refer all inquiries about union membership to |
| 21 | | the exclusive bargaining representative, except that the |
| 22 | | employer may communicate with employees regarding payroll |
| 23 | | processes and procedures. The employer will establish email |
| 24 | | policies in an effort to prohibit the use of its email system |
| 25 | | by outside sources. |
| 26 | | (d) The actions of a Financial Oversight Panel created |
|
| | HB5501 | - 1302 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pursuant to Section
1A-8
of the School Code due to a district |
| 2 | | violating a financial plan shall not
constitute or be evidence |
| 3 | | of an unfair labor practice under any of the
provisions of this |
| 4 | | Act. Such actions include, but are not limited to,
reviewing, |
| 5 | | approving, or rejecting a school district budget or a |
| 6 | | collective
bargaining agreement.
|
| 7 | | (Source: P.A. 101-620, eff. 12-20-19; 102-588, eff. 8-20-21; |
| 8 | | 102-596, eff. 8-27-21; revised 11-29-21.)
|
| 9 | | Section 400. The Illinois Credit Union Act is amended by |
| 10 | | changing Section 19 as follows:
|
| 11 | | (205 ILCS 305/19) (from Ch. 17, par. 4420)
|
| 12 | | Sec. 19. Meeting of members.
|
| 13 | | (1)(a) The annual meeting shall be held each
year during |
| 14 | | the months of January, February or March or such other month
as |
| 15 | | may be approved by the Department. The meeting shall be held at |
| 16 | | the
time, place and in the manner set forth in the bylaws. Any |
| 17 | | special
meetings of the members of the credit union shall be |
| 18 | | held at the time, place
and in the manner set forth in the |
| 19 | | bylaws. Unless otherwise set forth in
this Act, quorum |
| 20 | | requirements for meetings of members shall be established
by a |
| 21 | | credit union in its bylaws. Notice of all meetings must be |
| 22 | | given by
the secretary of the credit union at least 7 days |
| 23 | | before the date of such
meeting, either by handing a written or |
| 24 | | printed notice to each
member of the credit union, by mailing |
|
| | HB5501 | - 1303 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the notice to the member at his address
as listed on the books |
| 2 | | and records of the credit union, by posting a
notice of the |
| 3 | | meeting in three conspicuous places, including the office
of |
| 4 | | the credit union, by posting the notice of the meeting on the |
| 5 | | credit union's website, or by disclosing the notice of the |
| 6 | | meeting in membership newsletters or account statements.
|
| 7 | | (b) Unless expressly prohibited by the articles of |
| 8 | | incorporation or bylaws and subject to applicable requirements |
| 9 | | of this Act, the board of directors may provide by resolution |
| 10 | | that members may attend, participate in, act in, and vote at |
| 11 | | any annual meeting or special meeting through the use of a |
| 12 | | conference telephone or interactive technology, including, but |
| 13 | | not limited to, electronic transmission, internet usage, or |
| 14 | | remote communication, by means of which all persons |
| 15 | | participating in the meeting can communicate with each other. |
| 16 | | Participation through the use of a conference telephone or |
| 17 | | interactive technology shall constitute attendance, presence, |
| 18 | | and representation in person at the annual meeting or special |
| 19 | | meeting of the person or persons so participating and count |
| 20 | | towards the quorum required to conduct business at the |
| 21 | | meeting. The following conditions shall apply to any virtual |
| 22 | | meeting of the members: |
| 23 | | (i) the credit union must internally possess or retain |
| 24 | | the technological capacity to facilitate virtual meeting |
| 25 | | attendance, participation, communication, and voting; and |
| 26 | | (ii) the members must receive notice of the use of a |
|
| | HB5501 | - 1304 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | virtual meeting format and appropriate instructions for |
| 2 | | joining, participating, and voting during the virtual |
| 3 | | meeting at least 7 days before the virtual meeting. |
| 4 | | (2) On all questions and at all elections, except election |
| 5 | | of directors,
each member has one vote regardless of the |
| 6 | | number of his shares. There
shall be no voting by proxy except |
| 7 | | on the election of directors, proposals
for merger or |
| 8 | | voluntary dissolution. Members may vote on questions, |
| 9 | | including, without limitation, the approval of mergers and |
| 10 | | voluntary dissolutions under this Act, and in elections by |
| 11 | | secure electronic record if approved by the board of |
| 12 | | directors. All voting on the election of directors
shall be by |
| 13 | | ballot, but when there is no contest, written or electronic |
| 14 | | ballots need not
be cast. The record date to be used for the |
| 15 | | purpose of determining which
members are entitled to notice of |
| 16 | | or to vote at any meeting of members,
may be fixed in advance |
| 17 | | by the directors on a date not more than 90 days
nor less than |
| 18 | | 10 days prior to the date of the meeting. If no record date
is |
| 19 | | fixed by the directors, the first day on which notice of the |
| 20 | | meeting
is given, mailed or posted is the record date.
|
| 21 | | (3) Regardless of the number of shares owned by a society, |
| 22 | | association,
club, partnership, other credit union or |
| 23 | | corporation, having membership
in the credit union, it shall |
| 24 | | be entitled to only
one vote and it may be represented and have |
| 25 | | its vote cast by its
designated agent acting on its
behalf |
| 26 | | pursuant
to a resolution
adopted by the organization's board |
|
| | HB5501 | - 1305 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of directors or similar governing
authority;
provided that the |
| 2 | | credit union shall obtain a certified copy of such resolution
|
| 3 | | before such vote may be cast. |
| 4 | | (4) A member may revoke a proxy by delivery to the credit |
| 5 | | union of a written statement to that effect, by execution of a |
| 6 | | subsequently dated proxy, by execution of a secure electronic |
| 7 | | record, or by attendance at a meeting and voting in person.
|
| 8 | | (5) As used in this Section, "electronic" and "electronic |
| 9 | | record" have the meanings ascribed to those terms in the |
| 10 | | Uniform Electronic Transactions Act. As used in this Section, |
| 11 | | "secured electronic record" means an electronic record that |
| 12 | | meets the criteria set forth in the Uniform Electronic |
| 13 | | Transactions Act. |
| 14 | | (Source: P.A. 102-38, eff. 6-25-21; 102-496, eff. 8-20-21; |
| 15 | | revised 10-15-21.)
|
| 16 | | Section 405. The Ambulatory Surgical Treatment Center Act |
| 17 | | is amended by changing Section 6.9 as follows:
|
| 18 | | (210 ILCS 5/6.9) |
| 19 | | Sec. 6.9. Surgical smoke plume evacuation. |
| 20 | | (a) In this Section: |
| 21 | | "Surgical smoke plume" means the by-product of the use of |
| 22 | | energy-based devices on tissue during surgery and containing |
| 23 | | hazardous materials, including, but not limited to, |
| 24 | | bioaerosols bio-aeorsols, smoke, gases, tissue and cellular |
|
| | HB5501 | - 1306 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fragments and particulates, and viruses. |
| 2 | | "Surgical smoke plume evacuation system" means a dedicated |
| 3 | | device that is designed to capture, transport, filter, and |
| 4 | | neutralize surgical smoke plume at the site of origin and |
| 5 | | before surgical smoke plume can make ocular contact, or |
| 6 | | contact with the respiratory tract, of an employee. |
| 7 | | (b) To protect patients and health care workers from the |
| 8 | | hazards of surgical smoke plume, an ambulatory surgical |
| 9 | | treatment center licensed under this Act shall adopt policies |
| 10 | | to ensure the elimination of surgical smoke plume by use of a |
| 11 | | surgical smoke plume evacuation system for each procedure that |
| 12 | | generates surgical smoke plume from the use of energy-based |
| 13 | | devices, including, but not limited to, electrosurgery and |
| 14 | | lasers. |
| 15 | | (c) An ambulatory surgical treatment center licensed under |
| 16 | | this Act shall report to the Department within 90 days after |
| 17 | | the effective date of this amendatory Act of the 102nd General |
| 18 | | Assembly that policies under subsection (b) of this Section |
| 19 | | have been adopted.
|
| 20 | | (Source: P.A. 102-533, eff. 1-1-22; revised 11-22-21.)
|
| 21 | | Section 410. The Emergency Medical Services (EMS) Systems |
| 22 | | Act is amended by changing Section 3.10 as follows:
|
| 23 | | (210 ILCS 50/3.10)
|
| 24 | | Sec. 3.10. Scope of services.
|
|
| | HB5501 | - 1307 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a) "Advanced Life Support (ALS) Services" means
an |
| 2 | | advanced level of pre-hospital and inter-hospital emergency
|
| 3 | | care and non-emergency medical services that includes basic |
| 4 | | life
support care, cardiac monitoring, cardiac defibrillation,
|
| 5 | | electrocardiography, intravenous therapy, administration of
|
| 6 | | medications, drugs and solutions, use of adjunctive medical
|
| 7 | | devices, trauma care, and other authorized techniques and
|
| 8 | | procedures, as outlined in the provisions of the National EMS |
| 9 | | Education Standards relating to Advanced Life Support and any |
| 10 | | modifications to that curriculum
specified in rules adopted by |
| 11 | | the Department pursuant to
this Act.
|
| 12 | | That care shall be initiated as authorized by the EMS
|
| 13 | | Medical Director in a Department approved advanced life
|
| 14 | | support EMS System, under the written or verbal direction of
a |
| 15 | | physician licensed to practice medicine in all of its
branches |
| 16 | | or under the verbal direction of an Emergency
Communications |
| 17 | | Registered Nurse.
|
| 18 | | (b) "Intermediate Life Support (ILS) Services"
means an |
| 19 | | intermediate level of pre-hospital and inter-hospital
|
| 20 | | emergency care and non-emergency medical services that |
| 21 | | includes
basic life support care plus intravenous cannulation |
| 22 | | and
fluid therapy, invasive airway management, trauma care, |
| 23 | | and
other authorized techniques and procedures, as outlined in
|
| 24 | | the Intermediate Life Support national curriculum of the
|
| 25 | | United States Department of Transportation and any
|
| 26 | | modifications to that curriculum specified in rules adopted
by |
|
| | HB5501 | - 1308 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Department pursuant to this Act.
|
| 2 | | That care shall be initiated as authorized by the EMS
|
| 3 | | Medical Director in a Department approved intermediate or
|
| 4 | | advanced life support EMS System, under the written or
verbal |
| 5 | | direction of a physician licensed to practice
medicine in all |
| 6 | | of its branches or under the verbal
direction of an Emergency |
| 7 | | Communications Registered Nurse.
|
| 8 | | (c) "Basic Life Support (BLS) Services" means a
basic |
| 9 | | level of pre-hospital and inter-hospital emergency care and
|
| 10 | | non-emergency medical services that includes medical |
| 11 | | monitoring, clinical observation, airway management,
|
| 12 | | cardiopulmonary resuscitation (CPR), control of shock and
|
| 13 | | bleeding and splinting of fractures, as outlined in the |
| 14 | | provisions of the National EMS Education Standards relating to |
| 15 | | Basic Life Support and any modifications to that
curriculum |
| 16 | | specified in rules adopted by the Department
pursuant to this |
| 17 | | Act.
|
| 18 | | That care shall be initiated, where authorized by the
EMS |
| 19 | | Medical Director in a Department approved EMS System,
under |
| 20 | | the written or verbal direction of a physician
licensed to |
| 21 | | practice medicine in all of its branches or
under the verbal |
| 22 | | direction of an Emergency Communications
Registered Nurse.
|
| 23 | | (d) "Emergency Medical Responder Services" means a |
| 24 | | preliminary
level of pre-hospital emergency care that includes
|
| 25 | | cardiopulmonary resuscitation (CPR), monitoring vital signs
|
| 26 | | and control of bleeding, as outlined in the Emergency Medical |
|
| | HB5501 | - 1309 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Responder (EMR) curriculum of the National EMS Education |
| 2 | | Standards
and any modifications to that curriculum specified |
| 3 | | in rules
adopted by the Department pursuant to this Act.
|
| 4 | | (e) "Pre-hospital care" means those
medical services |
| 5 | | rendered to patients for analytic,
resuscitative, stabilizing, |
| 6 | | or preventive purposes,
precedent to and during transportation |
| 7 | | of such patients to
health care facilities.
|
| 8 | | (f) "Inter-hospital care" means those
medical services |
| 9 | | rendered to patients for
analytic, resuscitative, stabilizing, |
| 10 | | or preventive
purposes, during transportation of such patients |
| 11 | | from one
hospital to another hospital.
|
| 12 | | (f-5) "Critical care transport" means the pre-hospital or |
| 13 | | inter-hospital transportation of a critically injured or ill |
| 14 | | patient by a vehicle service provider, including the provision |
| 15 | | of medically necessary supplies and services, at a level of |
| 16 | | service beyond the scope of the Paramedic. When medically |
| 17 | | indicated for a patient, as determined by a physician licensed |
| 18 | | to practice medicine in all of its branches, an advanced |
| 19 | | practice registered nurse, or a physician physician's |
| 20 | | assistant, in compliance with subsections (b) and (c) of |
| 21 | | Section 3.155 of this Act, critical care transport may be |
| 22 | | provided by: |
| 23 | | (1) Department-approved critical care transport |
| 24 | | providers, not owned or operated by a hospital, utilizing |
| 25 | | Paramedics with additional training, nurses, or other |
| 26 | | qualified health professionals; or |
|
| | HB5501 | - 1310 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) Hospitals, when utilizing any vehicle service |
| 2 | | provider or any hospital-owned or operated vehicle service |
| 3 | | provider. Nothing in Public Act 96-1469 requires a |
| 4 | | hospital to use, or to be, a Department-approved critical |
| 5 | | care transport provider when transporting patients, |
| 6 | | including those critically injured or ill. Nothing in this |
| 7 | | Act shall restrict or prohibit a hospital from providing, |
| 8 | | or arranging for, the medically appropriate transport of |
| 9 | | any patient, as determined by a physician licensed to |
| 10 | | practice in all of its branches, an advanced practice |
| 11 | | registered nurse, or a physician physician's assistant. |
| 12 | | (g) "Non-emergency medical services" means the provision |
| 13 | | of, and all actions necessary before and after the provision |
| 14 | | of, Basic Life Support (BLS) Services, Advanced Life Support |
| 15 | | (ALS) Services, and critical care transport to
patients whose |
| 16 | | conditions do not meet this Act's definition of emergency, |
| 17 | | before, after, or
during transportation of such patients to or |
| 18 | | from health care facilities visited for the
purpose of |
| 19 | | obtaining medical or health care services which are not |
| 20 | | emergency in
nature, using a vehicle regulated by this Act and |
| 21 | | personnel licensed under this Act.
|
| 22 | | (g-5) The Department shall have the authority to |
| 23 | | promulgate minimum standards for critical care transport |
| 24 | | providers through rules adopted pursuant to this Act. All |
| 25 | | critical care transport providers must function within a |
| 26 | | Department-approved EMS System. Nothing in Department rules |
|
| | HB5501 | - 1311 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall restrict a hospital's ability to furnish personnel, |
| 2 | | equipment, and medical supplies to any vehicle service |
| 3 | | provider, including a critical care transport provider. |
| 4 | | Minimum critical care transport provider standards shall |
| 5 | | include, but are not limited to: |
| 6 | | (1) Personnel staffing and licensure. |
| 7 | | (2) Education, certification, and experience. |
| 8 | | (3) Medical equipment and supplies. |
| 9 | | (4) Vehicular standards. |
| 10 | | (5) Treatment and transport protocols. |
| 11 | | (6) Quality assurance and data collection. |
| 12 | | (h)
The provisions of this Act shall not apply to
the use |
| 13 | | of an ambulance or SEMSV, unless and until
emergency or |
| 14 | | non-emergency medical services are needed
during the use of |
| 15 | | the ambulance or SEMSV.
|
| 16 | | (Source: P.A. 102-623, eff. 8-27-21; revised 12-1-21.)
|
| 17 | | Section 415. The Hospital Licensing Act is amended by |
| 18 | | setting forth, renumbering, and changing multiple
versions of |
| 19 | | Section 6.28 and by changing Sections 10.10 and 14.5 as |
| 20 | | follows:
|
| 21 | | (210 ILCS 85/6.28) |
| 22 | | (Section scheduled to be repealed on December 31, 2022) |
| 23 | | Sec. 6.28. N95 masks. Pursuant to and in accordance with |
| 24 | | applicable local, State, and federal policies, guidance and |
|
| | HB5501 | - 1312 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | recommendations of public health and infection control |
| 2 | | authorities, and taking into consideration the limitations on |
| 3 | | access to N95 masks caused by disruptions in local, State, |
| 4 | | national, and international supply chains, a hospital licensed |
| 5 | | under this Act shall provide N95 masks to physicians licensed |
| 6 | | under the Medical Practice Act of 1987, registered nurses and |
| 7 | | advanced practice registered nurses licensed under the Nurse |
| 8 | | Practice Licensing Act, and any other employees or contractual |
| 9 | | workers who provide direct patient care and who, pursuant to |
| 10 | | such policies, guidance, and recommendations, are recommended |
| 11 | | to have such a mask to safely provide such direct patient care |
| 12 | | within a hospital setting. Nothing in this Section shall be |
| 13 | | construed to impose any new duty or obligation on the hospital |
| 14 | | or employee that is greater than that imposed under State and |
| 15 | | federal laws in effect on April 27, 2021 (the effective date of |
| 16 | | Public Act 102-4) this amendatory Act of the 102nd General |
| 17 | | Assembly. |
| 18 | | This Section is repealed on December 31, 2022.
|
| 19 | | (Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21; |
| 20 | | revised 12-14-21.)
|
| 21 | | (210 ILCS 85/6.30)
|
| 22 | | Sec. 6.30 6.28. Facility-provided medication upon |
| 23 | | discharge. |
| 24 | | (a) The General Assembly finds that this Section is |
| 25 | | necessary for the immediate preservation of the public peace, |
|
| | HB5501 | - 1314 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | duration of the pandemic or other public health emergency, |
| 2 | | including through the use of phone calls, videos calls, or |
| 3 | | other electronic mechanisms mechanism.
|
| 4 | | (Source: P.A. 102-398, eff. 8-16-21; revised 11-10-21.)
|
| 5 | | (210 ILCS 85/6.32)
|
| 6 | | Sec. 6.32 6.28. Surgical smoke plume evacuation. |
| 7 | | (a) In this Section: |
| 8 | | "Surgical smoke plume" means the by-product of the use of |
| 9 | | energy-based devices on tissue during surgery and containing |
| 10 | | hazardous materials, including, but not limited to, |
| 11 | | bioaerosols bio-aeorsols, smoke, gases, tissue and cellular |
| 12 | | fragments and particulates, and viruses. |
| 13 | | "Surgical smoke plume evacuation system" means a dedicated |
| 14 | | device that is designed to capture, transport, filter, and |
| 15 | | neutralize surgical smoke plume at the site of origin and |
| 16 | | before surgical smoke plume can make ocular contact, or |
| 17 | | contact with the respiratory tract, of an employee. |
| 18 | | (b) To protect patients and health care workers from the |
| 19 | | hazards of surgical smoke plume, a hospital licensed under |
| 20 | | this Act shall adopt policies to ensure the elimination of |
| 21 | | surgical smoke plume by use of a surgical smoke plume |
| 22 | | evacuation system for each procedure that generates surgical |
| 23 | | smoke plume from the use of energy-based devices, including, |
| 24 | | but not limited to, electrosurgery and lasers. |
| 25 | | (c) A hospital licensed under this Act shall report to the |
|
| | HB5501 | - 1316 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | requiring professional nursing care and skills and aligns |
| 2 | | patient care needs and nursing skills consistent with |
| 3 | | professional nursing standards. |
| 4 | | "Department" means the Department of Public Health. |
| 5 | | "Direct patient care" means care provided by a registered |
| 6 | | professional nurse with direct responsibility to oversee or |
| 7 | | carry out medical regimens or nursing care for one or more |
| 8 | | patients. |
| 9 | | "Nursing care committee" means a hospital-wide committee |
| 10 | | or committees of nurses whose functions, in part or in whole, |
| 11 | | contribute to the development, recommendation, and review of |
| 12 | | the hospital's nurse staffing plan established pursuant to |
| 13 | | subsection (d). |
| 14 | | "Registered professional nurse" means a person licensed as |
| 15 | | a Registered Nurse under the Nurse
Practice Act. |
| 16 | | "Written staffing plan for nursing care services" means a |
| 17 | | written plan for the assignment of patient care nursing staff |
| 18 | | based on multiple nurse and patient considerations that yield |
| 19 | | minimum staffing levels for inpatient care units and the |
| 20 | | adopted acuity model aligning patient care needs with nursing |
| 21 | | skills required for quality patient care consistent with |
| 22 | | professional nursing standards. |
| 23 | | (c) Written staffing plan. |
| 24 | | (1) Every hospital shall implement a written |
| 25 | | hospital-wide staffing plan, prepared by a nursing care |
| 26 | | committee or committees, that provides for minimum direct |
|
| | HB5501 | - 1317 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | care professional registered nurse-to-patient staffing |
| 2 | | needs for each inpatient care unit, including inpatient |
| 3 | | emergency departments. If the staffing plan prepared by |
| 4 | | the nursing care committee is not adopted by the hospital, |
| 5 | | or if substantial changes are proposed to it, the chief |
| 6 | | nursing officer shall either: (i) provide a written |
| 7 | | explanation to the committee of the reasons the plan was |
| 8 | | not adopted; or (ii) provide a written explanation of any |
| 9 | | substantial changes made to the proposed plan prior to it |
| 10 | | being adopted by the hospital. The written hospital-wide |
| 11 | | staffing plan shall include, but need not be limited to, |
| 12 | | the following considerations: |
| 13 | | (A) The complexity of complete care, assessment on |
| 14 | | patient admission, volume of patient admissions, |
| 15 | | discharges and transfers, evaluation of the progress |
| 16 | | of a patient's problems, ongoing physical assessments, |
| 17 | | planning for a patient's discharge, assessment after a |
| 18 | | change in patient condition, and assessment of the |
| 19 | | need for patient referrals. |
| 20 | | (B) The complexity of clinical professional |
| 21 | | nursing judgment needed to design and implement a |
| 22 | | patient's nursing care plan, the need for specialized |
| 23 | | equipment and technology, the skill mix of other |
| 24 | | personnel providing or supporting direct patient care, |
| 25 | | and involvement in quality improvement activities, |
| 26 | | professional preparation, and experience. |
|
| | HB5501 | - 1319 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | appropriate hospital personnel overseeing inpatient |
| 2 | | care operations. If a registered nurse in an inpatient |
| 3 | | care unit objects to a shift-to-shift adjustment, the |
| 4 | | registered nurse may submit a written report to the |
| 5 | | nursing care committee. |
| 6 | | (C) The nursing care committee shall develop a |
| 7 | | process to examine and respond to written reports |
| 8 | | submitted under subparagraphs (A) and (B) of this |
| 9 | | paragraph (2.5), including the ability to determine if |
| 10 | | a specific written report is resolved or should be |
| 11 | | dismissed. |
| 12 | | (3) The written staffing plan shall be posted, either |
| 13 | | by physical or electronic means, in a conspicuous and |
| 14 | | accessible location for both patients and direct care |
| 15 | | staff, as required under the Hospital Report Card Act. A |
| 16 | | copy of the written staffing plan shall be provided to any |
| 17 | | member of the general public upon request. |
| 18 | | (d) Nursing care committee. |
| 19 | | (1) Every hospital shall have a nursing care committee |
| 20 | | that meets at least 6 times per year. A hospital shall |
| 21 | | appoint members of a committee whereby at least 55% of the |
| 22 | | members are registered professional nurses providing |
| 23 | | direct inpatient care, one of whom shall be selected |
| 24 | | annually by the direct inpatient care nurses to serve as |
| 25 | | co-chair of the committee. |
| 26 | | (2) (Blank).
|
|
| | HB5501 | - 1320 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2.5) A nursing care committee shall prepare and |
| 2 | | recommend to hospital administration the hospital's |
| 3 | | written hospital-wide staffing plan. If the staffing plan |
| 4 | | is not adopted by the hospital, the chief nursing officer |
| 5 | | shall provide a written statement to the committee prior |
| 6 | | to a staffing plan being adopted by the hospital that: (A) |
| 7 | | explains the reasons the committee's proposed staffing |
| 8 | | plan was not adopted; and (B) describes the changes to the |
| 9 | | committee's proposed staffing or any alternative to the |
| 10 | | committee's proposed staffing plan. |
| 11 | | (3) A nursing care committee's or committees' written |
| 12 | | staffing plan for the hospital shall be based on the |
| 13 | | principles from the staffing components set forth in |
| 14 | | subsection (c). In particular, a committee or committees |
| 15 | | shall provide input and feedback on the following: |
| 16 | | (A) Selection, implementation, and evaluation of |
| 17 | | minimum staffing levels for inpatient care units. |
| 18 | | (B) Selection, implementation, and evaluation of |
| 19 | | an acuity model to provide staffing flexibility that |
| 20 | | aligns changing patient acuity with nursing skills |
| 21 | | required. |
| 22 | | (C) Selection, implementation, and evaluation of a |
| 23 | | written staffing plan incorporating the items |
| 24 | | described in subdivisions (c)(1) and (c)(2) of this |
| 25 | | Section. |
| 26 | | (D) Review the nurse staffing plans for all |
|
| | HB5501 | - 1322 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the hospital's website. |
| 2 | | (5) A nursing care committee must issue a written |
| 3 | | report at least annually to the hospital governing board |
| 4 | | that addresses items including, but not limited to: the |
| 5 | | items described in paragraph (3); changes made based on |
| 6 | | committee recommendations and the impact of such changes; |
| 7 | | and recommendations for future changes related to nurse |
| 8 | | staffing. |
| 9 | | (e) Nothing in this Section 10.10 shall be construed to |
| 10 | | limit, alter, or modify any of the terms, conditions, or |
| 11 | | provisions of a collective bargaining agreement entered into |
| 12 | | by the hospital.
|
| 13 | | (f) No hospital may discipline, discharge, or take any |
| 14 | | other adverse employment action against an employee solely |
| 15 | | because the employee expresses a concern or complaint |
| 16 | | regarding an alleged violation of this Section or concerns |
| 17 | | related to nurse staffing. |
| 18 | | (g) Any employee of a hospital may file a complaint with |
| 19 | | the Department regarding an alleged violation of this Section. |
| 20 | | The Department must forward notification of the alleged |
| 21 | | violation to the hospital in question within 10 business days |
| 22 | | after the complaint is filed. Upon receiving a complaint of a |
| 23 | | violation of this Section, the Department may take any action |
| 24 | | authorized under Sections 7 or 9 of this Act. |
| 25 | | (Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21; |
| 26 | | revised 10-6-21.)
|
|
| | HB5501 | - 1323 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (210 ILCS 85/14.5) |
| 2 | | Sec. 14.5. Hospital Licensure Fund. |
| 3 | | (a) There is created in the State treasury the Hospital |
| 4 | | Licensure Fund. The Fund is created for the purpose of |
| 5 | | providing funding for the administration of the licensure |
| 6 | | program and patient safety and quality initiatives for |
| 7 | | hospitals, including, without limitation, the implementation |
| 8 | | of the Illinois Adverse Health Care Events Reporting Law of |
| 9 | | 2005. |
| 10 | | (b) The Fund shall consist of the following: |
| 11 | | (1) fees collected pursuant to Sections 5 and 7 of |
| 12 | | this the Hospital Licensing Act; |
| 13 | | (2) federal matching funds received by the State as a |
| 14 | | result of expenditures made by the Department that are |
| 15 | | attributable to moneys deposited in the Fund; |
| 16 | | (3) interest earned on moneys deposited in the Fund; |
| 17 | | and |
| 18 | | (4) other moneys received for the Fund from any other |
| 19 | | source, including interest earned thereon. |
| 20 | | (c) Disbursements from the Fund shall be made only for: |
| 21 | | (1) initially, the implementation of the Illinois |
| 22 | | Adverse Health Care Events Reporting Law of 2005; |
| 23 | | (2) subsequently, programs, information, or |
| 24 | | assistance, including measures to address public |
| 25 | | complaints, designed to measurably improve quality and |
|
| | HB5501 | - 1325 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Source: P.A. 102-518, eff. 8-20-21; revised 12-1-21.)
|
| 2 | | Section 425. The Illinois Insurance Code is amended by |
| 3 | | changing Sections 131.1, 131.14b, 131.22, 370c, and 370c.1 and |
| 4 | | by setting forth, renumbering, and changing multiple
versions |
| 5 | | of Section 356z.43 as follows:
|
| 6 | | (215 ILCS 5/131.1)
|
| 7 | | (Text of Section before amendment by P.A. 102-578) |
| 8 | | Sec. 131.1. Definitions. As used in this Article, the |
| 9 | | following terms have the respective
meanings set forth in this |
| 10 | | Section unless the context requires otherwise:
|
| 11 | | (a) An "affiliate" of, or person "affiliated" with, a |
| 12 | | specific person,
is a person that directly, or indirectly |
| 13 | | through one or more
intermediaries, controls, or is controlled |
| 14 | | by, or is under common control
with, the person specified.
|
| 15 | | (a-5) "Acquiring party" means such person by whom or on |
| 16 | | whose behalf the merger or other acquisition of control |
| 17 | | referred to in Section 131.4 is to be affected and any person |
| 18 | | that controls such person or persons. |
| 19 | | (a-10) "Associated person" means, with respect to an |
| 20 | | acquiring party, (1) any beneficial owner of shares of the |
| 21 | | company to be acquired, owned, directly or indirectly, of |
| 22 | | record or beneficially by the acquiring party, (2) any |
| 23 | | affiliate of the acquiring party or beneficial owner, and (3) |
| 24 | | any other person acting in concert, directly or indirectly, |
|
| | HB5501 | - 1326 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pursuant to any agreement, arrangement, or understanding, |
| 2 | | whether written or oral, with the acquiring party or |
| 3 | | beneficial owner, or any of their respective affiliates, in |
| 4 | | connection with the merger, consolidation, or other |
| 5 | | acquisition of control referred to in Section 131.4 of this |
| 6 | | Code. |
| 7 | | (a-15) "Company" has the same meaning as "company" as |
| 8 | | defined in Section 2 of this Code, except that it does not |
| 9 | | include agencies, authorities, or instrumentalities of the |
| 10 | | United States, its possessions and territories, the |
| 11 | | Commonwealth of Puerto Rico, the District of Columbia, or a |
| 12 | | state or political subdivision of a state. |
| 13 | | (b) "Control" (including the terms "controlling", |
| 14 | | "controlled by" and
"under common control with") means the |
| 15 | | possession, direct or indirect, of
the power to direct or |
| 16 | | cause the direction of the management and policies
of a |
| 17 | | person, whether through the ownership of voting securities, |
| 18 | | the holding
of shareholders' or policyholders' proxies by
|
| 19 | | contract other than a commercial contract for goods or |
| 20 | | non-management
services, or otherwise, unless the power is |
| 21 | | solely the result of an
official position with or corporate |
| 22 | | office held by the person. Control is presumed
to exist if any |
| 23 | | person, directly or indirectly, owns, controls, holds with
the |
| 24 | | power to vote, or holds shareholders' proxies representing 10% |
| 25 | | or
more of the voting securities of any other person, or holds |
| 26 | | or controls
sufficient policyholders' proxies to elect the |
|
| | HB5501 | - 1327 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | majority of the board of
directors of the domestic company. |
| 2 | | This presumption may be rebutted by a
showing made in the |
| 3 | | manner as the Director may provide by rule. The Director
may |
| 4 | | determine, after
furnishing all persons in interest notice and |
| 5 | | opportunity to be heard and
making specific findings of fact |
| 6 | | to support such determination, that
control exists in fact, |
| 7 | | notwithstanding the absence of a presumption to
that effect.
|
| 8 | | (b-5) "Enterprise risk" means any activity, circumstance, |
| 9 | | event, or series of events involving one or more affiliates of |
| 10 | | a company that, if not remedied promptly, is likely to have a |
| 11 | | material adverse effect upon the financial condition or |
| 12 | | liquidity of the company or its insurance holding company |
| 13 | | system as a whole, including, but not limited to, anything |
| 14 | | that would cause the company's risk-based capital to fall into |
| 15 | | company action level as set forth in Article IIA of this Code |
| 16 | | or would cause the company to be in
hazardous financial |
| 17 | | condition as set forth in Article XII 1/2 of this Code. |
| 18 | | (b-10) "Exchange Act" means the Securities Exchange Act of |
| 19 | | 1934, as amended, together with the rules and regulations |
| 20 | | promulgated thereunder. |
| 21 | | (b-15) "Group-wide supervisor" means the regulatory |
| 22 | | official authorized to engage in conducting and coordinating |
| 23 | | group-wide supervision activities who is determined or |
| 24 | | acknowledged by the Director under Section 131.20d of this |
| 25 | | Code to have sufficient contacts with an internationally |
| 26 | | active insurance group. |
|
| | HB5501 | - 1328 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (c) "Insurance holding company system" means two or more |
| 2 | | affiliated
persons, one or more of which is an insurance |
| 3 | | company as defined in
paragraph (e) of Section 2 of this Code.
|
| 4 | | (c-5) "Internationally active insurance group" means an |
| 5 | | insurance holding company system that: |
| 6 | | (1) includes an insurer registered under Section 4 of |
| 7 | | this Code; and |
| 8 | | (2) meets the following criteria: |
| 9 | | (A) premiums written in at least 3 countries; |
| 10 | | (B) the percentage of gross premiums written |
| 11 | | outside the United States is at least 10% of the |
| 12 | | insurance holding company system's total gross written |
| 13 | | premiums; and |
| 14 | | (C) based on a 3-year rolling average, the total |
| 15 | | assets of the insurance holding company system are at |
| 16 | | least $50,000,000,000 or the total gross written |
| 17 | | premiums of the insurance holding company system are |
| 18 | | at least $10,000,000,000. |
| 19 | | (d) (Blank).
|
| 20 | | (d-1) "NAIC" means the National Association of Insurance |
| 21 | | Commissioners. |
| 22 | | (d-5) "Non-operating holding company" is a general |
| 23 | | business corporation functioning solely for the purpose of |
| 24 | | forming, owning, acquiring, and managing subsidiary business |
| 25 | | entities and having no other business operations not related |
| 26 | | thereto. |
|
| | HB5501 | - 1329 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (d-10) "Own", "owned," or "owning" means shares (1) with |
| 2 | | respect to which a person
has title or to which a person's |
| 3 | | nominee, custodian, or other agent has title and which such
|
| 4 | | nominee, custodian, or other agent is holding on behalf of the |
| 5 | | person or (2) with respect to
which a person (A) has purchased |
| 6 | | or has entered into an unconditional contract, binding on both
|
| 7 | | parties, to purchase the shares, but has not yet received the |
| 8 | | shares, (B) owns a security
convertible into or exchangeable |
| 9 | | for the shares and has tendered the security for conversion or
|
| 10 | | exchange, (C) has an option to purchase or acquire, or rights |
| 11 | | or warrants to subscribe to, the shares and has exercised such |
| 12 | | option, rights, or warrants, or (D) holds a securities futures |
| 13 | | contract
to purchase the shares and has received notice that |
| 14 | | the position will be physically settled and is
irrevocably |
| 15 | | bound to receive the underlying shares. To the extent that any
|
| 16 | | affiliates of the stockholder or beneficial owner are acting |
| 17 | | in concert with the stockholder or
beneficial owner, the |
| 18 | | determination of shares owned may include the effect of |
| 19 | | aggregating the
shares owned by the affiliate or affiliates. |
| 20 | | Whether shares constitute shares owned shall
be decided by the |
| 21 | | Director in his or her reasonable determination. |
| 22 | | (e) "Person" means an individual, a corporation, a limited |
| 23 | | liability company, a partnership, an
association, a joint |
| 24 | | stock company, a trust, an unincorporated
organization, any |
| 25 | | similar entity or any combination of the foregoing acting
in |
| 26 | | concert, but does not include any securities broker performing |
|
| | HB5501 | - 1331 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Text of Section after amendment by P.A. 102-578)
|
| 2 | | Sec. 131.1. Definitions. As used in this Article, the |
| 3 | | following terms have the respective
meanings set forth in this |
| 4 | | Section unless the context requires otherwise:
|
| 5 | | (a) An "affiliate" of, or person "affiliated" with, a |
| 6 | | specific person,
is a person that directly, or indirectly |
| 7 | | through one or more
intermediaries, controls, or is controlled |
| 8 | | by, or is under common control
with, the person specified.
|
| 9 | | (a-5) "Acquiring party" means such person by whom or on |
| 10 | | whose behalf the merger or other acquisition of control |
| 11 | | referred to in Section 131.4 is to be affected and any person |
| 12 | | that controls such person or persons. |
| 13 | | (a-10) "Associated person" means, with respect to an |
| 14 | | acquiring party, (1) any beneficial owner of shares of the |
| 15 | | company to be acquired, owned, directly or indirectly, of |
| 16 | | record or beneficially by the acquiring party, (2) any |
| 17 | | affiliate of the acquiring party or beneficial owner, and (3) |
| 18 | | any other person acting in concert, directly or indirectly, |
| 19 | | pursuant to any agreement, arrangement, or understanding, |
| 20 | | whether written or oral, with the acquiring party or |
| 21 | | beneficial owner, or any of their respective affiliates, in |
| 22 | | connection with the merger, consolidation, or other |
| 23 | | acquisition of control referred to in Section 131.4 of this |
| 24 | | Code. |
| 25 | | (a-15) "Company" has the same meaning as "company" as |
| 26 | | defined in Section 2 of this Code, except that it does not |
|
| | HB5501 | - 1332 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | include agencies, authorities, or instrumentalities of the |
| 2 | | United States, its possessions and territories, the |
| 3 | | Commonwealth of Puerto Rico, the District of Columbia, or a |
| 4 | | state or political subdivision of a state. |
| 5 | | (b) "Control" (including the terms "controlling", |
| 6 | | "controlled by" and
"under common control with") means the |
| 7 | | possession, direct or indirect, of
the power to direct or |
| 8 | | cause the direction of the management and policies
of a |
| 9 | | person, whether through the ownership of voting securities, |
| 10 | | the holding
of shareholders' or policyholders' proxies by
|
| 11 | | contract other than a commercial contract for goods or |
| 12 | | non-management
services, or otherwise, unless the power is |
| 13 | | solely the result of an
official position with or corporate |
| 14 | | office held by the person. Control is presumed
to exist if any |
| 15 | | person, directly or indirectly, owns, controls, holds with
the |
| 16 | | power to vote, or holds shareholders' proxies representing 10% |
| 17 | | or
more of the voting securities of any other person, or holds |
| 18 | | or controls
sufficient policyholders' proxies to elect the |
| 19 | | majority of the board of
directors of the domestic company. |
| 20 | | This presumption may be rebutted by a
showing made in the |
| 21 | | manner as the Director may provide by rule. The Director
may |
| 22 | | determine, after
furnishing all persons in interest notice and |
| 23 | | opportunity to be heard and
making specific findings of fact |
| 24 | | to support such determination, that
control exists in fact, |
| 25 | | notwithstanding the absence of a presumption to
that effect.
|
| 26 | | (b-5) "Enterprise risk" means any activity, circumstance, |
|
| | HB5501 | - 1333 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | event, or series of events involving one or more affiliates of |
| 2 | | a company that, if not remedied promptly, is likely to have a |
| 3 | | material adverse effect upon the financial condition or |
| 4 | | liquidity of the company or its insurance holding company |
| 5 | | system as a whole, including, but not limited to, anything |
| 6 | | that would cause the company's risk-based capital to fall into |
| 7 | | company action level as set forth in Article IIA of this Code |
| 8 | | or would cause the company to be in
hazardous financial |
| 9 | | condition as set forth in Article XII 1/2 of this Code. |
| 10 | | (b-10) "Exchange Act" means the Securities Exchange Act of |
| 11 | | 1934, as amended, together with the rules and regulations |
| 12 | | promulgated thereunder. |
| 13 | | (b-12) "Group capital calculation instructions" means the |
| 14 | | group capital calculation instructions as adopted by the NAIC |
| 15 | | and as amended by the NAIC from time to time in accordance with |
| 16 | | the procedures adopted by the NAIC. |
| 17 | | (b-15) "Group-wide supervisor" means the regulatory |
| 18 | | official authorized to engage in conducting and coordinating |
| 19 | | group-wide supervision activities who is determined or |
| 20 | | acknowledged by the Director under Section 131.20d of this |
| 21 | | Code to have sufficient contacts with an internationally |
| 22 | | active insurance group. |
| 23 | | (c) "Insurance holding company system" means two or more |
| 24 | | affiliated
persons, one or more of which is an insurance |
| 25 | | company as defined in
paragraph (e) of Section 2 of this Code.
|
| 26 | | (c-5) "Internationally active insurance group" means an |
|
| | HB5501 | - 1334 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | insurance holding company system that: |
| 2 | | (1) includes an insurer registered under Section 4 of |
| 3 | | this Code; and |
| 4 | | (2) meets the following criteria: |
| 5 | | (A) premiums written in at least 3 countries; |
| 6 | | (B) the percentage of gross premiums written |
| 7 | | outside the United States is at least 10% of the |
| 8 | | insurance holding company system's total gross written |
| 9 | | premiums; and |
| 10 | | (C) based on a 3-year rolling average, the total |
| 11 | | assets of the insurance holding company system are at |
| 12 | | least $50,000,000,000 or the total gross written |
| 13 | | premiums of the insurance holding company system are |
| 14 | | at least $10,000,000,000. |
| 15 | | (d) (Blank).
|
| 16 | | (d-1) "NAIC" means the National Association of Insurance |
| 17 | | Commissioners. |
| 18 | | (d-2) "NAIC Liquidity Stress Test Framework" is a separate |
| 19 | | NAIC publication which includes a history of the NAIC's |
| 20 | | development of regulatory liquidity stress testing, the scope |
| 21 | | criteria applicable for a specific data year, and the |
| 22 | | liquidity stress test instructions, and reporting templates |
| 23 | | for a specific data year, such scope criteria, instructions, |
| 24 | | and reporting template being as adopted by the NAIC and as |
| 25 | | amended by the NAIC from time to time in accordance with the |
| 26 | | procedures adopted by the NAIC. |
|
| | HB5501 | - 1335 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (d-5) "Non-operating holding company" is a general |
| 2 | | business corporation functioning solely for the purpose of |
| 3 | | forming, owning, acquiring, and managing subsidiary business |
| 4 | | entities and having no other business operations not related |
| 5 | | thereto. |
| 6 | | (d-10) "Own", "owned," or "owning" means shares (1) with |
| 7 | | respect to which a person
has title or to which a person's |
| 8 | | nominee, custodian, or other agent has title and which such
|
| 9 | | nominee, custodian, or other agent is holding on behalf of the |
| 10 | | person or (2) with respect to
which a person (A) has purchased |
| 11 | | or has entered into an unconditional contract, binding on both
|
| 12 | | parties, to purchase the shares, but has not yet received the |
| 13 | | shares, (B) owns a security
convertible into or exchangeable |
| 14 | | for the shares and has tendered the security for conversion or
|
| 15 | | exchange, (C) has an option to purchase or acquire, or rights |
| 16 | | or warrants to subscribe to, the shares and has exercised such |
| 17 | | option, rights, or warrants, or (D) holds a securities futures |
| 18 | | contract
to purchase the shares and has received notice that |
| 19 | | the position will be physically settled and is
irrevocably |
| 20 | | bound to receive the underlying shares. To the extent that any
|
| 21 | | affiliates of the stockholder or beneficial owner are acting |
| 22 | | in concert with the stockholder or
beneficial owner, the |
| 23 | | determination of shares owned may include the effect of |
| 24 | | aggregating the
shares owned by the affiliate or affiliates. |
| 25 | | Whether shares constitute shares owned shall
be decided by the |
| 26 | | Director in his or her reasonable determination. |
|
| | HB5501 | - 1336 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (e) "Person" means an individual, a corporation, a limited |
| 2 | | liability company, a partnership, an
association, a joint |
| 3 | | stock company, a trust, an unincorporated
organization, any |
| 4 | | similar entity or any combination of the foregoing acting
in |
| 5 | | concert, but does not include any securities broker performing |
| 6 | | no more
than the usual and customary broker's function or |
| 7 | | joint venture
partnership exclusively engaged in owning, |
| 8 | | managing, leasing or developing
real or tangible personal |
| 9 | | property other than capital stock.
|
| 10 | | (e-5) "Policyholders' proxies" are proxies that give the |
| 11 | | holder the right to vote for the election of the directors and |
| 12 | | other corporate actions not in the day to day operations of the |
| 13 | | company. |
| 14 | | (f) (Blank).
|
| 15 | | (f-3) (f-5) "Scope criteria", as detailed in the NAIC |
| 16 | | Liquidity Stress Test Framework, are the designated exposure |
| 17 | | bases along with minimum magnitudes thereof for the specified |
| 18 | | data year, used to establish a preliminary list of insurers |
| 19 | | considered scoped into the NAIC Liquidity Stress Test |
| 20 | | Framework for that data year. |
| 21 | | (f-5) "Securityholder" of a specified person is one who |
| 22 | | owns any security of such person, including common stock, |
| 23 | | preferred stock, debt obligations, and any other security |
| 24 | | convertible into or evidencing the right to acquire any of the |
| 25 | | foregoing. |
| 26 | | (g) "Subsidiary" of a specified person is an affiliate |
|
| | HB5501 | - 1338 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Source: P.A. 98-609, eff. 7-1-14.)
|
| 2 | | (Text of Section after amendment by P.A. 102-578) |
| 3 | | Sec. 131.14b. Enterprise risk filings. |
| 4 | | (a) Annual enterprise risk report. The ultimate |
| 5 | | controlling person of every company subject to registration |
| 6 | | shall also file an annual enterprise risk report. The report |
| 7 | | shall, to the best of the ultimate controlling person's |
| 8 | | knowledge and belief, identify the material risks within the |
| 9 | | insurance holding company system that could pose enterprise |
| 10 | | risk to the company. The report shall be filed with the lead |
| 11 | | state commissioner of the insurance holding company system as |
| 12 | | determined by the procedures within the Financial Analysis |
| 13 | | Handbook adopted by the National Association of Insurance |
| 14 | | Commissioners.
|
| 15 | | (b) Group capital calculation. Except as provided in this |
| 16 | | subsection, the ultimate controlling person of every insurer |
| 17 | | subject to registration shall concurrently file with the |
| 18 | | registration an annual group capital calculation as directed |
| 19 | | by the lead state commissioner. The report shall be completed |
| 20 | | in accordance with the NAIC Group Capital Calculation |
| 21 | | Instructions, which may permit the lead state commissioner to |
| 22 | | allow a controlling person who is not the ultimate controlling |
| 23 | | person to file the group capital calculation. The report shall |
| 24 | | be filed with the lead state commissioner of the insurance |
| 25 | | holding company system as determined by the commissioner in |
|
| | HB5501 | - 1339 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | accordance with the procedures within the Financial Analysis |
| 2 | | Handbook adopted by the NAIC. Insurance holding company |
| 3 | | systems described in the following are exempt from filing the |
| 4 | | group capital calculation: |
| 5 | | (1) an insurance holding company system that has only |
| 6 | | one insurer within its holding company structure, that |
| 7 | | only writes business and is only licensed in Illinois, and |
| 8 | | that assumes no business from any other insurer; |
| 9 | | (2) an insurance holding company system that is |
| 10 | | required to perform a group capital calculation specified |
| 11 | | by the United States Federal Reserve Board; the lead state |
| 12 | | commissioner shall request the calculation from the |
| 13 | | Federal Reserve Board under the terms of information |
| 14 | | sharing agreements in effect; if the Federal Reserve Board |
| 15 | | cannot share the calculation with the lead state |
| 16 | | commissioner, the insurance holding company system is not |
| 17 | | exempt from the group capital calculation filing; |
| 18 | | (3) an insurance holding company system whose non-U.S. |
| 19 | | group-wide supervisor is located within a reciprocal |
| 20 | | jurisdiction as described in paragraph (C-10) of |
| 21 | | subsection (1) of Section 173.1 that recognizes the U.S. |
| 22 | | state regulatory approach to group supervision and group |
| 23 | | capital; and |
| 24 | | (4) an insurance holding company system: |
| 25 | | (i) that provides information to the lead state |
| 26 | | that meets the requirements for accreditation under |
|
| | HB5501 | - 1340 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the NAIC financial standards and accreditation |
| 2 | | program, either directly or indirectly through the |
| 3 | | group-wide supervisor, who has determined such |
| 4 | | information is satisfactory to allow the lead state to |
| 5 | | comply with the NAIC group supervision approach, as |
| 6 | | detailed in the NAIC Financial Analysis Handbook; and |
| 7 | | (ii) whose non-U.S. group-wide supervisor that is |
| 8 | | not in a reciprocal jurisdiction recognizes and |
| 9 | | accepts, as specified by the commissioner in |
| 10 | | regulation, the group capital calculation as the |
| 11 | | world-wide group capital assessment for U.S. insurance |
| 12 | | groups who operate in that jurisdiction. |
| 13 | | (5) Notwithstanding the provisions of paragraphs (3) and |
| 14 | | (4) of this subsection, a lead state commissioner shall |
| 15 | | require the group capital calculation for U.S. operations of |
| 16 | | any non-U.S. based insurance holding company system where, |
| 17 | | after any necessary consultation with other supervisors or |
| 18 | | officials, it is deemed appropriate by the lead state |
| 19 | | commissioner for prudential oversight and solvency monitoring |
| 20 | | purposes or for ensuring the competitiveness of the insurance |
| 21 | | marketplace. |
| 22 | | (6) Notwithstanding the exemptions from filing the group |
| 23 | | capital calculation stated in paragraphs (1) through (4) of |
| 24 | | this subsection, the lead state commissioner has the |
| 25 | | discretion to exempt the ultimate controlling person from |
| 26 | | filing the annual group capital calculation or to accept a |
|
| | HB5501 | - 1341 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | limited group capital filing or report in accordance with |
| 2 | | criteria as specified by the Director in regulation. |
| 3 | | (c) Liquidity stress test. The ultimate controlling person |
| 4 | | of every insurer subject to registration and also scoped into |
| 5 | | the NAIC Liquidity Stress Test Framework shall file the |
| 6 | | results of a specific year's liquidity stress test. The filing |
| 7 | | shall be made to the lead state insurance commissioner of the |
| 8 | | insurance holding company system as determined by the |
| 9 | | procedures within the Financial Analysis Handbook adopted by |
| 10 | | the National Association of Insurance Commissioners: |
| 11 | | (1) The NAIC Liquidity Stress Test Framework includes |
| 12 | | scope criteria applicable to a specific data year. These |
| 13 | | scope criteria are reviewed at least annually by the NAIC |
| 14 | | Financial Stability Task Force or its successor. Any |
| 15 | | change to the NAIC Liquidity Stress Test Framework or to |
| 16 | | the data year for which the scope criteria are to be |
| 17 | | measured shall be effective on January 1 of the year |
| 18 | | following the calendar year when such changes are adopted. |
| 19 | | Insurers meeting at least one threshold of the scope |
| 20 | | criteria are considered scoped into the NAIC Liquidity |
| 21 | | Stress Test Framework for the specified data year unless |
| 22 | | the lead state insurance commissioner, in consultation |
| 23 | | with the NAIC Financial Stability Task Force or its |
| 24 | | successor, determines the insurer should not be scoped |
| 25 | | into the Framework for that data year. Similarly, insurers |
| 26 | | that do not trigger at least one threshold of the scope |
|
| | HB5501 | - 1342 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | criteria are considered scoped out of the NAIC Liquidity |
| 2 | | Stress Test Framework for the specified data year, unless |
| 3 | | the lead state insurance commissioner, in consultation |
| 4 | | with the NAIC Financial Stability Task Force or its |
| 5 | | successor, determines the insurer should be scoped into |
| 6 | | the Framework for that data year. |
| 7 | | The lead state insurance commissioner, in consultation |
| 8 | | with the Financial Stability Task Force or its successor, |
| 9 | | shall assess the regulator's wish to avoid having insurers |
| 10 | | scoped in and out of the NAIC Liquidity Stress Test |
| 11 | | Framework on a frequent basis as part of the determination |
| 12 | | for an insurer. |
| 13 | | (2) The performance of, and filing of the results |
| 14 | | from, a specific year's liquidity stress test shall comply |
| 15 | | with the NAIC Liquidity Stress Test Framework's |
| 16 | | instructions and reporting templates for that year and any |
| 17 | | lead state insurance commissioner determinations, in |
| 18 | | conjunction with the NAIC Financial Stability Task Force |
| 19 | | or its successor, provided within the Framework. |
| 20 | | (Source: P.A. 102-578, eff. 7-1-22 (See Section 5 of P.A. |
| 21 | | 102-672 for effective date of P.A. 102-578); revised 12-2-21.)
|
| 22 | | (215 ILCS 5/131.22)
|
| 23 | | (Text of Section before amendment by P.A. 102-578) |
| 24 | | Sec. 131.22. Confidential treatment. |
| 25 | | (a) Documents, materials, or other information in the |
|
| | HB5501 | - 1343 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | possession or control of the Department that are obtained by |
| 2 | | or disclosed to the Director or any other person in the course |
| 3 | | of an examination or investigation made pursuant to this |
| 4 | | Article and all information reported or provided to the |
| 5 | | Department pursuant to paragraphs (12) and (13) of Section |
| 6 | | 131.5 and Sections 131.13 through 131.21 shall be confidential |
| 7 | | by law and privileged, shall not be subject to the Illinois |
| 8 | | Freedom of Information Act, shall not be subject to subpoena, |
| 9 | | and shall not be subject to discovery or admissible in |
| 10 | | evidence in any private civil action. However, the Director is |
| 11 | | authorized to use the documents, materials, or other |
| 12 | | information in the furtherance of any regulatory or legal |
| 13 | | action brought as a part of the Director's official duties. |
| 14 | | The Director shall not otherwise make the documents, |
| 15 | | materials, or other information public without the prior |
| 16 | | written consent of the company to which it pertains unless the |
| 17 | | Director, after giving the company and its affiliates who |
| 18 | | would be affected thereby prior written notice and an |
| 19 | | opportunity to be heard, determines that the interest of |
| 20 | | policyholders, shareholders, or the public shall be served by |
| 21 | | the publication thereof, in which event the Director may |
| 22 | | publish all or any part in such manner as may be deemed |
| 23 | | appropriate. |
| 24 | | (b) Neither the Director nor any person who received |
| 25 | | documents, materials, or other information while acting under |
| 26 | | the authority of the Director or with whom such documents, |
|
| | HB5501 | - 1344 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | materials, or other information are shared pursuant to this |
| 2 | | Article shall be permitted or required to testify in any |
| 3 | | private civil action concerning any confidential documents, |
| 4 | | materials, or information subject to subsection (a) of this |
| 5 | | Section. |
| 6 | | (c) In order to assist in the performance of the |
| 7 | | Director's duties, the Director: |
| 8 | | (1) may share documents, materials, or other |
| 9 | | information, including the confidential and privileged |
| 10 | | documents, materials, or information subject to subsection |
| 11 | | (a) of this Section, with other state, federal, and |
| 12 | | international regulatory agencies, with the NAIC and its |
| 13 | | affiliates and subsidiaries, and with third-party
|
| 14 | | consultants, and with state, federal, and international |
| 15 | | law enforcement authorities and regulatory agencies, |
| 16 | | including members of any supervisory college allowed by |
| 17 | | this Article, provided that the recipient agrees in |
| 18 | | writing to maintain the confidentiality and privileged |
| 19 | | status of the document, material, or other information, |
| 20 | | and has verified in writing the legal authority to |
| 21 | | maintain confidentiality; |
| 22 | | (1.5) notwithstanding paragraph (1) of this subsection |
| 23 | | (c), may only share confidential and privileged documents, |
| 24 | | material, or information reported pursuant to Section |
| 25 | | 131.14b with commissioners of states having statutes or |
| 26 | | regulations substantially similar to subsection (a) of |
|
| | HB5501 | - 1345 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this Section and who have agreed in writing not to |
| 2 | | disclose such information; and |
| 3 | | (2) may receive documents, materials, or information, |
| 4 | | including otherwise confidential and privileged documents, |
| 5 | | materials, or information from the NAIC and its affiliates |
| 6 | | and subsidiaries and from regulatory and law enforcement |
| 7 | | officials of other foreign or domestic jurisdictions, and |
| 8 | | shall maintain as confidential or privileged any document, |
| 9 | | material, or information received with notice or the |
| 10 | | understanding that it is confidential or privileged under |
| 11 | | the laws of the jurisdiction that is the source of the |
| 12 | | document, material, or information; any such documents,
|
| 13 | | materials, or information, while in the Director's |
| 14 | | possession, shall not be subject to the
Illinois Freedom |
| 15 | | of Information Act and shall not be subject to subpoena. |
| 16 | | (c-5) Written agreements with the NAIC or third-party |
| 17 | | consultants governing sharing and use of information provided |
| 18 | | pursuant to this Article consistent with this subsection (c) |
| 19 | | shall:
|
| 20 | | (1)
specify procedures and protocols regarding the |
| 21 | | confidentiality and security of information shared with |
| 22 | | the NAIC and its affiliates and subsidiaries or |
| 23 | | third-party consultants pursuant to this Article, |
| 24 | | including procedures and protocols for sharing by the NAIC |
| 25 | | with other state, federal, or international regulators;
|
| 26 | | (2)
specify that ownership of information shared with |
|
| | HB5501 | - 1346 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the NAIC and its affiliates and subsidiaries or |
| 2 | | third-party consultants pursuant to this Article remains |
| 3 | | with the Director and the NAIC's or third-party |
| 4 | | consultant's use of the information is subject to the |
| 5 | | direction of the Director;
|
| 6 | | (3)
require prompt notice to be given to a company |
| 7 | | whose confidential information in the possession of the |
| 8 | | NAIC or third-party consultant pursuant to this Article is |
| 9 | | subject to a request or subpoena for disclosure or |
| 10 | | production; and
|
| 11 | | (4)
require the NAIC and its affiliates and |
| 12 | | subsidiaries or third-party consultants to consent to |
| 13 | | intervention by a company in any judicial or |
| 14 | | administrative action in which the NAIC and its affiliates |
| 15 | | and subsidiaries or third-party consultants may be |
| 16 | | required to disclose confidential information about the |
| 17 | | company shared with the NAIC and its affiliates and |
| 18 | | subsidiaries or third-party consultants pursuant to this |
| 19 | | Article. |
| 20 | | (d) The sharing of documents, materials, or information by |
| 21 | | the Director pursuant to this Article shall not constitute a |
| 22 | | delegation of regulatory authority or rulemaking, and the |
| 23 | | Director is solely responsible for the administration, |
| 24 | | execution, and enforcement of the provisions of this Article. |
| 25 | | (e) No waiver of any applicable privilege or claim of |
| 26 | | confidentiality in the documents, materials, or information |
|
| | HB5501 | - 1347 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall occur as a result of disclosure to the Director under |
| 2 | | this Section or as a result of sharing as authorized in |
| 3 | | subsection (c) of this Section. |
| 4 | | (f) Documents, materials, or other information in the |
| 5 | | possession or control of the NAIC or a third-party consultant |
| 6 | | pursuant to this Article shall be confidential by law and |
| 7 | | privileged, shall not be subject to the Illinois Freedom of |
| 8 | | Information Act, shall not be subject to subpoena, and shall |
| 9 | | not be subject to discovery or admissible in evidence in any |
| 10 | | private civil action.
|
| 11 | | (Source: P.A. 102-394, eff. 8-16-21.)
|
| 12 | | (Text of Section after amendment by P.A. 102-578)
|
| 13 | | Sec. 131.22. Confidential treatment. |
| 14 | | (a) Documents, materials, or other information in the |
| 15 | | possession or control of the Department that are obtained by |
| 16 | | or disclosed to the Director or any other person in the course |
| 17 | | of an examination or investigation made pursuant to this |
| 18 | | Article and all information reported or provided to the |
| 19 | | Department pursuant to paragraphs (12) and (13) of Section |
| 20 | | 131.5 and Sections 131.13 through 131.21 are recognized by |
| 21 | | this State as being proprietary and to contain trade secrets, |
| 22 | | and shall be confidential by law and privileged, shall not be |
| 23 | | subject to the Illinois Freedom of Information Act, shall not |
| 24 | | be subject to subpoena, and shall not be subject to discovery |
| 25 | | or admissible in evidence in any private civil action. |
|
| | HB5501 | - 1348 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | However, the Director is authorized to use the documents, |
| 2 | | materials, or other information in the furtherance of any |
| 3 | | regulatory or legal action brought as a part of the Director's |
| 4 | | official duties. The Director shall not otherwise make the |
| 5 | | documents, materials, or other information public without the |
| 6 | | prior written consent of the company to which it pertains |
| 7 | | unless the Director, after giving the company and its |
| 8 | | affiliates who would be affected thereby prior written notice |
| 9 | | and an opportunity to be heard, determines that the interest |
| 10 | | of policyholders, shareholders, or the public shall be served |
| 11 | | by the publication thereof, in which event the Director may |
| 12 | | publish all or any part in such manner as may be deemed |
| 13 | | appropriate. |
| 14 | | (b) Neither the Director nor any person who received |
| 15 | | documents, materials, or other information while acting under |
| 16 | | the authority of the Director or with whom such documents, |
| 17 | | materials, or other information are shared pursuant to this |
| 18 | | Article shall be permitted or required to testify in any |
| 19 | | private civil action concerning any confidential documents, |
| 20 | | materials, or information subject to subsection (a) of this |
| 21 | | Section. |
| 22 | | (c) In order to assist in the performance of the |
| 23 | | Director's duties, the Director: |
| 24 | | (1) may share documents, materials, or other |
| 25 | | information, including the confidential and privileged |
| 26 | | documents, materials, or information subject to subsection |
|
| | HB5501 | - 1349 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a) of this Section, including proprietary and trade |
| 2 | | secret documents and materials, with other state, federal, |
| 3 | | and international regulatory agencies, with the NAIC and |
| 4 | | its affiliates and subsidiaries, and with third-party
|
| 5 | | consultants, and with state, federal, and international |
| 6 | | law enforcement authorities and regulatory agencies, |
| 7 | | including members of any supervisory college allowed by |
| 8 | | this Article, provided that the recipient agrees in |
| 9 | | writing to maintain the confidentiality and privileged |
| 10 | | status of the document, material, or other information, |
| 11 | | and has verified in writing the legal authority to |
| 12 | | maintain confidentiality; |
| 13 | | (1.5) notwithstanding paragraph (1) of this subsection |
| 14 | | (c), may only share confidential and privileged documents, |
| 15 | | material, or information reported pursuant to subsection |
| 16 | | (a) of Section 131.14b with commissioners of states having |
| 17 | | statutes or regulations substantially similar to |
| 18 | | subsection (a) of this Section and who have agreed in |
| 19 | | writing not to disclose such information; and |
| 20 | | (2) may receive documents, materials, or information, |
| 21 | | including otherwise confidential and privileged documents, |
| 22 | | materials, or information, including proprietary and trade |
| 23 | | secret information, from the NAIC and its affiliates and |
| 24 | | subsidiaries and from regulatory and law enforcement |
| 25 | | officials of other foreign or domestic jurisdictions, and |
| 26 | | shall maintain as confidential or privileged any document, |
|
| | HB5501 | - 1350 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | material, or information received with notice or the |
| 2 | | understanding that it is confidential or privileged under |
| 3 | | the laws of the jurisdiction that is the source of the |
| 4 | | document, material, or information; any such documents,
|
| 5 | | materials, or information, while in the Director's |
| 6 | | possession, shall not be subject to the
Illinois Freedom |
| 7 | | of Information Act and shall not be subject to subpoena. |
| 8 | | (blank). |
| 9 | | (c-5) Written agreements with the NAIC or third-party |
| 10 | | consultants governing sharing and use of information provided |
| 11 | | pursuant to this Article consistent with subsection (c) shall:
|
| 12 | | (1)
specify procedures and protocols regarding the |
| 13 | | confidentiality and security of information shared with |
| 14 | | the NAIC and its affiliates and subsidiaries or |
| 15 | | third-party consultants pursuant to this Article, |
| 16 | | including procedures and protocols for sharing by the NAIC |
| 17 | | with other state, federal, or international regulators; |
| 18 | | the agreement shall provide that the recipient agrees in |
| 19 | | writing to maintain the confidentiality and privileged |
| 20 | | status of the documents, materials, or other information |
| 21 | | and has verified in writing the legal authority to |
| 22 | | maintain such confidentiality;
|
| 23 | | (2)
specify that ownership of information shared with |
| 24 | | the NAIC and its affiliates and subsidiaries or |
| 25 | | third-party consultants pursuant to this Article remains |
| 26 | | with the Director and the NAIC's or third-party |
|
| | HB5501 | - 1351 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | consultant's use of the information is subject to the |
| 2 | | direction of the Director;
|
| 3 | | (3)
require prompt notice to be given to a company |
| 4 | | whose confidential information in the possession of the |
| 5 | | NAIC or third-party consultant pursuant to this Article is |
| 6 | | subject to a request or subpoena for disclosure or |
| 7 | | production;
|
| 8 | | (4)
require the NAIC and its affiliates and |
| 9 | | subsidiaries or third-party consultants to consent to |
| 10 | | intervention by a company in any judicial or |
| 11 | | administrative action in which the NAIC and its affiliates |
| 12 | | and subsidiaries or third-party consultants may be |
| 13 | | required to disclose confidential information about the |
| 14 | | company shared with the NAIC and its affiliates and |
| 15 | | subsidiaries or third-party consultants pursuant to this |
| 16 | | Article; and |
| 17 | | (5) excluding documents, material, or information |
| 18 | | reported pursuant to subsection (c) of Section 131.14b, |
| 19 | | prohibit the NAIC or third-party consultant from storing |
| 20 | | the information shared pursuant to this Code in a |
| 21 | | permanent database after the underlying analysis is |
| 22 | | completed. |
| 23 | | (d) The sharing of documents, materials, or information by |
| 24 | | the Director pursuant to this Article shall not constitute a |
| 25 | | delegation of regulatory authority or rulemaking, and the |
| 26 | | Director is solely responsible for the administration, |
|
| | HB5501 | - 1353 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | amended, delivered, issued, or renewed on or after January 1, |
| 2 | | 2023 shall provide coverage for health care or patient care |
| 3 | | services provided by a pharmacist if: |
| 4 | | (1) the pharmacist meets the requirements and scope of |
| 5 | | practice as set forth in Section 43 of the Pharmacy |
| 6 | | Practice Act; |
| 7 | | (2) the health plan provides coverage for the same |
| 8 | | service provided by a licensed physician, an advanced |
| 9 | | practice registered nurse, or a physician assistant; |
| 10 | | (3) the pharmacist is included in the health benefit |
| 11 | | plan's network of participating providers; and |
| 12 | | (4) a reimbursement has been successfully negotiated |
| 13 | | in good faith between the pharmacist and the health plan.
|
| 14 | | (Source: P.A. 102-103, eff. 1-1-23; revised 10-26-21.)
|
| 15 | | (215 ILCS 5/356z.46)
|
| 16 | | Sec. 356z.46 356z.43. Biomarker testing. |
| 17 | | (a) As used in this Section: |
| 18 | | "Biomarker" means a characteristic that is objectively |
| 19 | | measured and evaluated as an indicator of normal biological |
| 20 | | processes, pathogenic processes, or pharmacologic responses to |
| 21 | | a specific therapeutic intervention. "Biomarker" includes, but |
| 22 | | is not limited to, gene mutations or protein expression. |
| 23 | | "Biomarker testing" means the analysis of a patient's |
| 24 | | tissue, blood, or fluid biospecimen for the presence of a |
| 25 | | biomarker. "Biomarker testing" includes, but is not limited |
|
| | HB5501 | - 1354 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to, single-analyte tests, multi-plex panel tests, and partial |
| 2 | | or whole genome sequencing. |
| 3 | | (b) A group or individual policy of accident and health |
| 4 | | insurance or managed care plan amended, delivered, issued, or |
| 5 | | renewed on or after January 1, 2022 shall include coverage for |
| 6 | | biomarker testing as defined in this Section pursuant to |
| 7 | | criteria established under subsection (d). |
| 8 | | (c) Biomarker testing shall be covered and conducted in an |
| 9 | | efficient manner to provide the most complete range of results |
| 10 | | to the patient's health care provider without requiring |
| 11 | | multiple biopsies, biospecimen samples, or other delays or |
| 12 | | disruptions in patient care. |
| 13 | | (d) Biomarker testing must be covered for the purposes of |
| 14 | | diagnosis, treatment, appropriate management, or ongoing |
| 15 | | monitoring of an enrollee's disease or condition when the test |
| 16 | | is supported by medical and scientific evidence, including, |
| 17 | | but not limited to: |
| 18 | | (1) labeled indications for an FDA-approved test or |
| 19 | | indicated tests for an FDA-approved drug; |
| 20 | | (2) federal Centers for Medicare and Medicaid Services |
| 21 | | National Coverage Determinations; |
| 22 | | (3) nationally recognized clinical practice |
| 23 | | guidelines; |
| 24 | | (4) consensus statements; |
| 25 | | (5) professional society recommendations; |
| 26 | | (6) peer-reviewed literature, biomedical compendia, |
|
| | HB5501 | - 1355 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and other medical literature that meet the criteria of the |
| 2 | | National Institutes of Health's National Library of |
| 3 | | Medicine for indexing in Index Medicus, Excerpta Medicus, |
| 4 | | Medline, and MEDLARS database of Health Services |
| 5 | | Technology Assessment Research; and |
| 6 | | (7) peer-reviewed scientific studies published in or |
| 7 | | accepted for publication by medical journals that meet |
| 8 | | nationally recognized requirements for scientific |
| 9 | | manuscripts and that submit most of their published |
| 10 | | articles for review by experts who are not part of the |
| 11 | | editorial staff. |
| 12 | | (e) When coverage of biomarker testing for the purpose of |
| 13 | | diagnosis, treatment, or ongoing monitoring of any medical |
| 14 | | condition is restricted for use by a group or individual |
| 15 | | policy of accident and health insurance or managed care plan, |
| 16 | | the patient and prescribing practitioner shall have access to |
| 17 | | a clear, readily accessible, and convenient processes to |
| 18 | | request an exception. The process shall be made readily |
| 19 | | accessible on the insurer's website.
|
| 20 | | (Source: P.A. 102-203, eff. 1-1-22; revised 10-26-21.)
|
| 21 | | (215 ILCS 5/356z.47)
|
| 22 | | Sec. 356z.47 356z.43. Coverage for pancreatic cancer |
| 23 | | screening. A group or individual policy of accident and health |
| 24 | | insurance or a managed care plan that is amended, delivered, |
| 25 | | issued, or renewed on or after January 1, 2022 shall provide |
|
| | HB5501 | - 1356 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | coverage for medically necessary pancreatic cancer screening.
|
| 2 | | (Source: P.A. 102-306, eff. 1-1-22; revised 10-26-21.)
|
| 3 | | (215 ILCS 5/356z.48)
|
| 4 | | Sec. 356z.48 356z.43. Colonoscopy coverage. |
| 5 | | (a) A group policy of accident and health insurance that |
| 6 | | is amended, delivered, issued, or renewed on or after January |
| 7 | | 1, 2022 shall provide coverage for a colonoscopy that is a |
| 8 | | follow-up exam based on an initial screen where the |
| 9 | | colonoscopy was determined to be medically necessary by a |
| 10 | | physician licensed to practice medicine in all its branches, |
| 11 | | an advanced practice registered nurse, or a physician |
| 12 | | assistant. |
| 13 | | (b) A policy subject to this Section shall not impose a |
| 14 | | deductible, coinsurance, copayment, or any other cost-sharing |
| 15 | | requirement on the coverage provided; except that this |
| 16 | | subsection does not apply to coverage of colonoscopies to the |
| 17 | | extent such coverage would disqualify a high-deductible health |
| 18 | | plan from eligibility for a health savings account pursuant to |
| 19 | | Section 223 of the Internal Revenue Code.
|
| 20 | | (Source: P.A. 102-443, eff. 1-1-22; revised 10-26-21.)
|
| 21 | | (215 ILCS 5/356z.49)
|
| 22 | | Sec. 356z.49 356z.43. A1C testing. |
| 23 | | (a) As used in this Section, "A1C testing" means blood |
| 24 | | sugar level testing used to diagnose prediabetes, type 1 |
|
| | HB5501 | - 1357 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | diabetes, and type 2 diabetes and to monitor management of |
| 2 | | blood sugar levels. |
| 3 | | (b) A group or individual policy of accident and health |
| 4 | | insurance or managed care plan amended, delivered, issued, or |
| 5 | | renewed on or after January 1, 2022 (the effective date of |
| 6 | | Public Act 102-530) this amendatory Act of the 102nd General |
| 7 | | Assembly shall provide coverage for A1C testing recommended by |
| 8 | | a health care provider for prediabetes, type 1 diabetes, and |
| 9 | | type 2 diabetes in accordance with prediabetes and diabetes |
| 10 | | risk factors identified by the United States Centers for |
| 11 | | Disease Control and Prevention. |
| 12 | | (1) Risk factors for prediabetes may include, but are |
| 13 | | not limited to, being overweight or obese, being aged 35 |
| 14 | | or older, having an immediate family member with type 2 |
| 15 | | diabetes, previous diagnosis of gestational diabetes and |
| 16 | | being African American, Hispanic or Latino American, |
| 17 | | American Indian, or Alaska Native. |
| 18 | | (2) Risk factors for type 1 diabetes may include, but |
| 19 | | are not limited to, family history of diabetes. |
| 20 | | (3) Risk factors for type 2 diabetes may include, but |
| 21 | | are not limited to, having prediabetes, being overweight |
| 22 | | or obese, being aged 35 or older, having an immediate |
| 23 | | family member with type 1 or type 2 diabetes, previous |
| 24 | | diagnosis of gestational diabetes and being African |
| 25 | | American, Hispanic or Latino American, American Indian, or |
| 26 | | Alaska Native.
|
|
| | HB5501 | - 1358 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Source: P.A. 102-530, eff. 1-1-22; revised 10-26-21.)
|
| 2 | | (215 ILCS 5/356z.50)
|
| 3 | | Sec. 356z.50 356z.43. Comprehensive cancer testing. |
| 4 | | (a) As used in this Section: |
| 5 | | "Comprehensive cancer testing" includes, but is not |
| 6 | | limited to, the following forms of testing: |
| 7 | | (1) Targeted cancer gene panels. |
| 8 | | (2) Whole-exome genome testing. |
| 9 | | (3) Whole-genome sequencing. |
| 10 | | (4) RNA sequencing. |
| 11 | | (5) Tumor mutation burden. |
| 12 | | "Testing of blood or constitutional tissue for cancer |
| 13 | | predisposition testing" includes, but is not limited to, the |
| 14 | | following forms of testing: |
| 15 | | (1) Targeted cancer gene panels. |
| 16 | | (2) Whole-exome genome testing. |
| 17 | | (3) Whole-genome sequencing. |
| 18 | | (b) An individual or group policy of accident and health |
| 19 | | insurance or managed care plan that is amended, delivered, |
| 20 | | issued, or renewed on or after January 1, 2022 (the effective |
| 21 | | date of Public Act 102-589) this amendatory Act of the 102nd |
| 22 | | General Assembly shall provide coverage for medically |
| 23 | | necessary comprehensive cancer testing and testing of blood or |
| 24 | | constitutional tissue for cancer predisposition testing as |
| 25 | | determined by a physician licensed to practice medicine in all |
|
| | HB5501 | - 1359 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of its branches.
|
| 2 | | (Source: P.A. 102-589, eff. 1-1-22; revised 10-26-21.)
|
| 3 | | (215 ILCS 5/356z.51)
|
| 4 | | Sec. 356z.51 356z.43. Coverage for port-wine stain |
| 5 | | treatment. |
| 6 | | (a) A group or individual policy of accident and health
|
| 7 | | insurance or managed care plan amended, delivered, issued, or
|
| 8 | | renewed on or after January 1, 2022 shall provide coverage for
|
| 9 | | treatment to eliminate or provide maximum
feasible treatment |
| 10 | | of nevus flammeus, also known as port-wine
stains, including, |
| 11 | | but not limited to, port-wine stains caused
by Sturge-Weber |
| 12 | | syndrome. For purposes of this Section, treatment or maximum |
| 13 | | feasible treatment shall include early intervention treatment, |
| 14 | | including topical, intralesional, or systemic medical therapy |
| 15 | | and surgery, and laser treatments approved by the U.S. Food |
| 16 | | and Drug Administration in children aged 18 years and younger |
| 17 | | that are intended to prevent functional impairment related to |
| 18 | | vision function, oral function, inflammation, bleeding, |
| 19 | | infection, and other medical complications associated with |
| 20 | | port-wine stains. |
| 21 | | (b) Coverage for treatment required under this Section |
| 22 | | shall not include treatment solely for cosmetic purposes.
|
| 23 | | (Source: P.A. 102-642, eff. 1-1-22; revised 10-26-21.)
|
| 24 | | (215 ILCS 5/370c) (from Ch. 73, par. 982c)
|
|
| | HB5501 | - 1360 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 370c. Mental and emotional disorders.
|
| 2 | | (a)(1) On and after January 1, 2022 (the effective date of |
| 3 | | Public Act 102-579) this amendatory Act of the 102nd General |
| 4 | | Assembly August 16, 2019 Public Act 101-386,
every insurer |
| 5 | | that amends, delivers, issues, or renews
group accident and |
| 6 | | health policies providing coverage for hospital or medical |
| 7 | | treatment or
services for illness on an expense-incurred basis |
| 8 | | shall provide coverage for the medically necessary treatment |
| 9 | | of mental, emotional, nervous, or substance use disorders or |
| 10 | | conditions consistent with the parity requirements of Section |
| 11 | | 370c.1 of this Code.
|
| 12 | | (2) Each insured that is covered for mental, emotional, |
| 13 | | nervous, or substance use
disorders or conditions shall be |
| 14 | | free to select the physician licensed to
practice medicine in |
| 15 | | all its branches, licensed clinical psychologist,
licensed |
| 16 | | clinical social worker, licensed clinical professional |
| 17 | | counselor, licensed marriage and family therapist, licensed |
| 18 | | speech-language pathologist, or other licensed or certified |
| 19 | | professional at a program licensed pursuant to the Substance |
| 20 | | Use Disorder Act of
his or her choice to treat such disorders, |
| 21 | | and
the insurer shall pay the covered charges of such |
| 22 | | physician licensed to
practice medicine in all its branches, |
| 23 | | licensed clinical psychologist,
licensed clinical social |
| 24 | | worker, licensed clinical professional counselor, licensed |
| 25 | | marriage and family therapist, licensed speech-language |
| 26 | | pathologist, or other licensed or certified professional at a |
|
| | HB5501 | - 1361 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | program licensed pursuant to the Substance Use Disorder Act up
|
| 2 | | to the limits of coverage, provided (i)
the disorder or |
| 3 | | condition treated is covered by the policy, and (ii) the
|
| 4 | | physician, licensed psychologist, licensed clinical social |
| 5 | | worker, licensed
clinical professional counselor, licensed |
| 6 | | marriage and family therapist, licensed speech-language |
| 7 | | pathologist, or other licensed or certified professional at a |
| 8 | | program licensed pursuant to the Substance Use Disorder Act is
|
| 9 | | authorized to provide said services under the statutes of this |
| 10 | | State and in
accordance with accepted principles of his or her |
| 11 | | profession.
|
| 12 | | (3) Insofar as this Section applies solely to licensed |
| 13 | | clinical social
workers, licensed clinical professional |
| 14 | | counselors, licensed marriage and family therapists, licensed |
| 15 | | speech-language pathologists, and other licensed or certified |
| 16 | | professionals at programs licensed pursuant to the Substance |
| 17 | | Use Disorder Act, those persons who may
provide services to |
| 18 | | individuals shall do so
after the licensed clinical social |
| 19 | | worker, licensed clinical professional
counselor, licensed |
| 20 | | marriage and family therapist, licensed speech-language |
| 21 | | pathologist, or other licensed or certified professional at a |
| 22 | | program licensed pursuant to the Substance Use Disorder Act |
| 23 | | has informed the patient of the
desirability of the patient |
| 24 | | conferring with the patient's primary care
physician.
|
| 25 | | (4) "Mental, emotional, nervous, or substance use disorder |
| 26 | | or condition" means a condition or disorder that involves a |
|
| | HB5501 | - 1362 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | mental health condition or substance use disorder that falls |
| 2 | | under any of the diagnostic categories listed in the mental |
| 3 | | and behavioral disorders chapter of the current edition of the |
| 4 | | World Health Organization's International Classification of |
| 5 | | Disease or that is listed in the most recent version of the |
| 6 | | American Psychiatric Association's Diagnostic and Statistical |
| 7 | | Manual of Mental Disorders. "Mental, emotional, nervous, or |
| 8 | | substance use disorder or condition" includes any mental |
| 9 | | health condition that occurs during pregnancy or during the |
| 10 | | postpartum period and includes, but is not limited to, |
| 11 | | postpartum depression. |
| 12 | | (5) Medically necessary treatment and medical necessity |
| 13 | | determinations shall be interpreted and made in a manner that |
| 14 | | is consistent with and pursuant to subsections (h) through |
| 15 | | (t). |
| 16 | | (b)(1) (Blank).
|
| 17 | | (2) (Blank).
|
| 18 | | (2.5) (Blank). |
| 19 | | (3) Unless otherwise prohibited by federal law and |
| 20 | | consistent with the parity requirements of Section 370c.1 of |
| 21 | | this Code, the reimbursing insurer that amends, delivers, |
| 22 | | issues, or renews a group or individual policy of accident and |
| 23 | | health insurance, a qualified health plan offered through the |
| 24 | | health insurance marketplace, or a provider of treatment of |
| 25 | | mental, emotional, nervous,
or substance use disorders or |
| 26 | | conditions shall furnish medical records or other necessary |
|
| | HB5501 | - 1363 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | data
that substantiate that initial or continued treatment is |
| 2 | | at all times medically
necessary. An insurer shall provide a |
| 3 | | mechanism for the timely review by a
provider holding the same |
| 4 | | license and practicing in the same specialty as the
patient's |
| 5 | | provider, who is unaffiliated with the insurer, jointly |
| 6 | | selected by
the patient (or the patient's next of kin or legal |
| 7 | | representative if the
patient is unable to act for himself or |
| 8 | | herself), the patient's provider, and
the insurer in the event |
| 9 | | of a dispute between the insurer and patient's
provider |
| 10 | | regarding the medical necessity of a treatment proposed by a |
| 11 | | patient's
provider. If the reviewing provider determines the |
| 12 | | treatment to be medically
necessary, the insurer shall provide |
| 13 | | reimbursement for the treatment. Future
contractual or |
| 14 | | employment actions by the insurer regarding the patient's
|
| 15 | | provider may not be based on the provider's participation in |
| 16 | | this procedure.
Nothing prevents
the insured from agreeing in |
| 17 | | writing to continue treatment at his or her
expense. When |
| 18 | | making a determination of the medical necessity for a |
| 19 | | treatment
modality for mental, emotional, nervous, or |
| 20 | | substance use disorders or conditions, an insurer must make |
| 21 | | the determination in a
manner that is consistent with the |
| 22 | | manner used to make that determination with
respect to other |
| 23 | | diseases or illnesses covered under the policy, including an
|
| 24 | | appeals process. Medical necessity determinations for |
| 25 | | substance use disorders shall be made in accordance with |
| 26 | | appropriate patient placement criteria established by the |
|
| | HB5501 | - 1364 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | American Society of Addiction Medicine. No additional criteria |
| 2 | | may be used to make medical necessity determinations for |
| 3 | | substance use disorders.
|
| 4 | | (4) A group health benefit plan amended, delivered, |
| 5 | | issued, or renewed on or after January 1, 2019 (the effective |
| 6 | | date of Public Act 100-1024) or an individual policy of |
| 7 | | accident and health insurance or a qualified health plan |
| 8 | | offered through the health insurance marketplace amended, |
| 9 | | delivered, issued, or renewed on or after January 1, 2019 (the |
| 10 | | effective date of Public Act 100-1024):
|
| 11 | | (A) shall provide coverage based upon medical |
| 12 | | necessity for the
treatment of a mental, emotional, |
| 13 | | nervous, or substance use disorder or condition consistent |
| 14 | | with the parity requirements of Section 370c.1 of this |
| 15 | | Code; provided, however, that in each calendar year |
| 16 | | coverage shall not be less than the following:
|
| 17 | | (i) 45 days of inpatient treatment; and
|
| 18 | | (ii) beginning on June 26, 2006 (the effective |
| 19 | | date of Public Act 94-921), 60 visits for outpatient |
| 20 | | treatment including group and individual
outpatient |
| 21 | | treatment; and |
| 22 | | (iii) for plans or policies delivered, issued for |
| 23 | | delivery, renewed, or modified after January 1, 2007 |
| 24 | | (the effective date of Public Act 94-906),
20 |
| 25 | | additional outpatient visits for speech therapy for |
| 26 | | treatment of pervasive developmental disorders that |
|
| | HB5501 | - 1365 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | will be in addition to speech therapy provided |
| 2 | | pursuant to item (ii) of this subparagraph (A); and
|
| 3 | | (B) may not include a lifetime limit on the number of |
| 4 | | days of inpatient
treatment or the number of outpatient |
| 5 | | visits covered under the plan.
|
| 6 | | (C) (Blank).
|
| 7 | | (5) An issuer of a group health benefit plan or an |
| 8 | | individual policy of accident and health insurance or a |
| 9 | | qualified health plan offered through the health insurance |
| 10 | | marketplace may not count toward the number
of outpatient |
| 11 | | visits required to be covered under this Section an outpatient
|
| 12 | | visit for the purpose of medication management and shall cover |
| 13 | | the outpatient
visits under the same terms and conditions as |
| 14 | | it covers outpatient visits for
the treatment of physical |
| 15 | | illness.
|
| 16 | | (5.5) An individual or group health benefit plan amended, |
| 17 | | delivered, issued, or renewed on or after September 9, 2015 |
| 18 | | (the effective date of Public Act 99-480) shall offer coverage |
| 19 | | for medically necessary acute treatment services and medically |
| 20 | | necessary clinical stabilization services. The treating |
| 21 | | provider shall base all treatment recommendations and the |
| 22 | | health benefit plan shall base all medical necessity |
| 23 | | determinations for substance use disorders in accordance with |
| 24 | | the most current edition of the Treatment Criteria for |
| 25 | | Addictive, Substance-Related, and Co-Occurring Conditions |
| 26 | | established by the American Society of Addiction Medicine. The |
|
| | HB5501 | - 1366 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | treating provider shall base all treatment recommendations and |
| 2 | | the health benefit plan shall base all medical necessity |
| 3 | | determinations for medication-assisted treatment in accordance |
| 4 | | with the most current Treatment Criteria for Addictive, |
| 5 | | Substance-Related, and Co-Occurring Conditions established by |
| 6 | | the American Society of Addiction Medicine. |
| 7 | | As used in this subsection: |
| 8 | | "Acute treatment services" means 24-hour medically |
| 9 | | supervised addiction treatment that provides evaluation and |
| 10 | | withdrawal management and may include biopsychosocial |
| 11 | | assessment, individual and group counseling, psychoeducational |
| 12 | | groups, and discharge planning. |
| 13 | | "Clinical stabilization services" means 24-hour treatment, |
| 14 | | usually following acute treatment services for substance |
| 15 | | abuse, which may include intensive education and counseling |
| 16 | | regarding the nature of addiction and its consequences, |
| 17 | | relapse prevention, outreach to families and significant |
| 18 | | others, and aftercare planning for individuals beginning to |
| 19 | | engage in recovery from addiction. |
| 20 | | (6) An issuer of a group health benefit
plan may provide or |
| 21 | | offer coverage required under this Section through a
managed |
| 22 | | care plan.
|
| 23 | | (6.5) An individual or group health benefit plan amended, |
| 24 | | delivered, issued, or renewed on or after January 1, 2019 (the |
| 25 | | effective date of Public Act 100-1024): |
| 26 | | (A) shall not impose prior authorization requirements, |
|
| | HB5501 | - 1367 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | other than those established under the Treatment Criteria |
| 2 | | for Addictive, Substance-Related, and Co-Occurring |
| 3 | | Conditions established by the American Society of |
| 4 | | Addiction Medicine, on a prescription medication approved |
| 5 | | by the United States Food and Drug Administration that is |
| 6 | | prescribed or administered for the treatment of substance |
| 7 | | use disorders; |
| 8 | | (B) shall not impose any step therapy requirements, |
| 9 | | other than those established under the Treatment Criteria |
| 10 | | for Addictive, Substance-Related, and Co-Occurring |
| 11 | | Conditions established by the American Society of |
| 12 | | Addiction Medicine, before authorizing coverage for a |
| 13 | | prescription medication approved by the United States Food |
| 14 | | and Drug Administration that is prescribed or administered |
| 15 | | for the treatment of substance use disorders; |
| 16 | | (C) shall place all prescription medications approved |
| 17 | | by the United States Food and Drug Administration |
| 18 | | prescribed or administered for the treatment of substance |
| 19 | | use disorders on, for brand medications, the lowest tier |
| 20 | | of the drug formulary developed and maintained by the |
| 21 | | individual or group health benefit plan that covers brand |
| 22 | | medications and, for generic medications, the lowest tier |
| 23 | | of the drug formulary developed and maintained by the |
| 24 | | individual or group health benefit plan that covers |
| 25 | | generic medications; and |
| 26 | | (D) shall not exclude coverage for a prescription |
|
| | HB5501 | - 1368 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | medication approved by the United States Food and Drug |
| 2 | | Administration for the treatment of substance use |
| 3 | | disorders and any associated counseling or wraparound |
| 4 | | services on the grounds that such medications and services |
| 5 | | were court ordered. |
| 6 | | (7) (Blank).
|
| 7 | | (8)
(Blank).
|
| 8 | | (9) With respect to all mental, emotional, nervous, or |
| 9 | | substance use disorders or conditions, coverage for inpatient |
| 10 | | treatment shall include coverage for treatment in a |
| 11 | | residential treatment center certified or licensed by the |
| 12 | | Department of Public Health or the Department of Human |
| 13 | | Services. |
| 14 | | (c) This Section shall not be interpreted to require |
| 15 | | coverage for speech therapy or other habilitative services for |
| 16 | | those individuals covered under Section 356z.15
of this Code. |
| 17 | | (d) With respect to a group or individual policy of |
| 18 | | accident and health insurance or a qualified health plan |
| 19 | | offered through the health insurance marketplace, the |
| 20 | | Department and, with respect to medical assistance, the |
| 21 | | Department of Healthcare and Family Services shall each |
| 22 | | enforce the requirements of this Section and Sections 356z.23 |
| 23 | | and 370c.1 of this Code, the Paul Wellstone and Pete Domenici |
| 24 | | Mental Health Parity and Addiction Equity Act of 2008, 42 |
| 25 | | U.S.C. 18031(j), and any amendments to, and federal guidance |
| 26 | | or regulations issued under, those Acts, including, but not |
|
| | HB5501 | - 1369 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | limited to, final regulations issued under the Paul Wellstone |
| 2 | | and Pete Domenici Mental Health Parity and Addiction Equity |
| 3 | | Act of 2008 and final regulations applying the Paul Wellstone |
| 4 | | and Pete Domenici Mental Health Parity and Addiction Equity |
| 5 | | Act of 2008 to Medicaid managed care organizations, the |
| 6 | | Children's Health Insurance Program, and alternative benefit |
| 7 | | plans. Specifically, the Department and the Department of |
| 8 | | Healthcare and Family Services shall take action: |
| 9 | | (1) proactively ensuring compliance by individual and |
| 10 | | group policies, including by requiring that insurers |
| 11 | | submit comparative analyses, as set forth in paragraph (6) |
| 12 | | of subsection (k) of Section 370c.1, demonstrating how |
| 13 | | they design and apply nonquantitative treatment |
| 14 | | limitations, both as written and in operation, for mental, |
| 15 | | emotional, nervous, or substance use disorder or condition |
| 16 | | benefits as compared to how they design and apply |
| 17 | | nonquantitative treatment limitations, as written and in |
| 18 | | operation, for medical and surgical benefits; |
| 19 | | (2) evaluating all consumer or provider complaints |
| 20 | | regarding mental, emotional, nervous, or substance use |
| 21 | | disorder or condition coverage for possible parity |
| 22 | | violations; |
| 23 | | (3) performing parity compliance market conduct |
| 24 | | examinations or, in the case of the Department of |
| 25 | | Healthcare and Family Services, parity compliance audits |
| 26 | | of individual and group plans and policies, including, but |
|
| | HB5501 | - 1370 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | not limited to, reviews of: |
| 2 | | (A) nonquantitative treatment limitations, |
| 3 | | including, but not limited to, prior authorization |
| 4 | | requirements, concurrent review, retrospective review, |
| 5 | | step therapy, network admission standards, |
| 6 | | reimbursement rates, and geographic restrictions; |
| 7 | | (B) denials of authorization, payment, and |
| 8 | | coverage; and |
| 9 | | (C) other specific criteria as may be determined |
| 10 | | by the Department. |
| 11 | | The findings and the conclusions of the parity compliance |
| 12 | | market conduct examinations and audits shall be made public. |
| 13 | | The Director may adopt rules to effectuate any provisions |
| 14 | | of the Paul Wellstone and Pete Domenici Mental Health Parity |
| 15 | | and Addiction Equity Act of 2008 that relate to the business of |
| 16 | | insurance. |
| 17 | | (e) Availability of plan information. |
| 18 | | (1) The criteria for medical necessity determinations |
| 19 | | made under a group health plan, an individual policy of |
| 20 | | accident and health insurance, or a qualified health plan |
| 21 | | offered through the health insurance marketplace with |
| 22 | | respect to mental health or substance use disorder |
| 23 | | benefits (or health insurance coverage offered in |
| 24 | | connection with the plan with respect to such benefits) |
| 25 | | must be made available by the plan administrator (or the |
| 26 | | health insurance issuer offering such coverage) to any |
|
| | HB5501 | - 1371 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | current or potential participant, beneficiary, or |
| 2 | | contracting provider upon request. |
| 3 | | (2) The reason for any denial under a group health |
| 4 | | benefit plan, an individual policy of accident and health |
| 5 | | insurance, or a qualified health plan offered through the |
| 6 | | health insurance marketplace (or health insurance coverage |
| 7 | | offered in connection with such plan or policy) of |
| 8 | | reimbursement or payment for services with respect to |
| 9 | | mental, emotional, nervous, or substance use disorders or |
| 10 | | conditions benefits in the case of any participant or |
| 11 | | beneficiary must be made available within a reasonable |
| 12 | | time and in a reasonable manner and in readily |
| 13 | | understandable language by the plan administrator (or the |
| 14 | | health insurance issuer offering such coverage) to the |
| 15 | | participant or beneficiary upon request. |
| 16 | | (f) As used in this Section, "group policy of accident and |
| 17 | | health insurance" and "group health benefit plan" includes (1) |
| 18 | | State-regulated employer-sponsored group health insurance |
| 19 | | plans written in Illinois or which purport to provide coverage |
| 20 | | for a resident of this State; and (2) State employee health |
| 21 | | plans. |
| 22 | | (g) (1) As used in this subsection: |
| 23 | | "Benefits", with respect to insurers, means
the benefits |
| 24 | | provided for treatment services for inpatient and outpatient |
| 25 | | treatment of substance use disorders or conditions at American |
| 26 | | Society of Addiction Medicine levels of treatment 2.1 |
|
| | HB5501 | - 1372 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1 |
| 2 | | (Clinically Managed Low-Intensity Residential), 3.3 |
| 3 | | (Clinically Managed Population-Specific High-Intensity |
| 4 | | Residential), 3.5 (Clinically Managed High-Intensity |
| 5 | | Residential), and 3.7 (Medically Monitored Intensive |
| 6 | | Inpatient) and OMT (Opioid Maintenance Therapy) services. |
| 7 | | "Benefits", with respect to managed care organizations, |
| 8 | | means the benefits provided for treatment services for |
| 9 | | inpatient and outpatient treatment of substance use disorders |
| 10 | | or conditions at American Society of Addiction Medicine levels |
| 11 | | of treatment 2.1 (Intensive Outpatient), 2.5 (Partial |
| 12 | | Hospitalization), 3.5 (Clinically Managed High-Intensity |
| 13 | | Residential), and 3.7 (Medically Monitored Intensive |
| 14 | | Inpatient) and OMT (Opioid Maintenance Therapy) services. |
| 15 | | "Substance use disorder treatment provider or facility" |
| 16 | | means a licensed physician, licensed psychologist, licensed |
| 17 | | psychiatrist, licensed advanced practice registered nurse, or |
| 18 | | licensed, certified, or otherwise State-approved facility or |
| 19 | | provider of substance use disorder treatment. |
| 20 | | (2) A group health insurance policy, an individual health |
| 21 | | benefit plan, or qualified health plan that is offered through |
| 22 | | the health insurance marketplace, small employer group health |
| 23 | | plan, and large employer group health plan that is amended, |
| 24 | | delivered, issued, executed, or renewed in this State, or |
| 25 | | approved for issuance or renewal in this State, on or after |
| 26 | | January 1, 2019 (the effective date of Public Act 100-1023) |
|
| | HB5501 | - 1373 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall comply with the requirements of this Section and Section |
| 2 | | 370c.1. The services for the treatment and the ongoing |
| 3 | | assessment of the patient's progress in treatment shall follow |
| 4 | | the requirements of 77 Ill. Adm. Code 2060. |
| 5 | | (3) Prior authorization shall not be utilized for the |
| 6 | | benefits under this subsection. The substance use disorder |
| 7 | | treatment provider or facility shall notify the insurer of the |
| 8 | | initiation of treatment. For an insurer that is not a managed |
| 9 | | care organization, the substance use disorder treatment |
| 10 | | provider or facility notification shall occur for the |
| 11 | | initiation of treatment of the covered person within 2 |
| 12 | | business days. For managed care organizations, the substance |
| 13 | | use disorder treatment provider or facility notification shall |
| 14 | | occur in accordance with the protocol set forth in the |
| 15 | | provider agreement for initiation of treatment within 24 |
| 16 | | hours. If the managed care organization is not capable of |
| 17 | | accepting the notification in accordance with the contractual |
| 18 | | protocol during the 24-hour period following admission, the |
| 19 | | substance use disorder treatment provider or facility shall |
| 20 | | have one additional business day to provide the notification |
| 21 | | to the appropriate managed care organization. Treatment plans |
| 22 | | shall be developed in accordance with the requirements and |
| 23 | | timeframes established in 77 Ill. Adm. Code 2060. If the |
| 24 | | substance use disorder treatment provider or facility fails to |
| 25 | | notify the insurer of the initiation of treatment in |
| 26 | | accordance with these provisions, the insurer may follow its |
|
| | HB5501 | - 1374 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | normal prior authorization processes. |
| 2 | | (4) For an insurer that is not a managed care |
| 3 | | organization, if an insurer determines that benefits are no |
| 4 | | longer medically necessary, the insurer shall notify the |
| 5 | | covered person, the covered person's authorized |
| 6 | | representative, if any, and the covered person's health care |
| 7 | | provider in writing of the covered person's right to request |
| 8 | | an external review pursuant to the Health Carrier External |
| 9 | | Review Act. The notification shall occur within 24 hours |
| 10 | | following the adverse determination. |
| 11 | | Pursuant to the requirements of the Health Carrier |
| 12 | | External Review Act, the covered person or the covered |
| 13 | | person's authorized representative may request an expedited |
| 14 | | external review.
An expedited external review may not occur if |
| 15 | | the substance use disorder treatment provider or facility |
| 16 | | determines that continued treatment is no longer medically |
| 17 | | necessary. Under this subsection, a request for expedited |
| 18 | | external review must be initiated within 24 hours following |
| 19 | | the adverse determination notification by the insurer. Failure |
| 20 | | to request an expedited external review within 24 hours shall |
| 21 | | preclude a covered person or a covered person's authorized |
| 22 | | representative from requesting an expedited external review. |
| 23 | | If an expedited external review request meets the criteria |
| 24 | | of the Health Carrier External Review Act, an independent |
| 25 | | review organization shall make a final determination of |
| 26 | | medical necessity within 72 hours. If an independent review |
|
| | HB5501 | - 1375 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | organization upholds an adverse determination, an insurer |
| 2 | | shall remain responsible to provide coverage of benefits |
| 3 | | through the day following the determination of the independent |
| 4 | | review organization. A decision to reverse an adverse |
| 5 | | determination shall comply with the Health Carrier External |
| 6 | | Review Act. |
| 7 | | (5) The substance use disorder treatment provider or |
| 8 | | facility shall provide the insurer with 7 business days' |
| 9 | | advance notice of the planned discharge of the patient from |
| 10 | | the substance use disorder treatment provider or facility and |
| 11 | | notice on the day that the patient is discharged from the |
| 12 | | substance use disorder treatment provider or facility. |
| 13 | | (6) The benefits required by this subsection shall be |
| 14 | | provided to all covered persons with a diagnosis of substance |
| 15 | | use disorder or conditions. The presence of additional related |
| 16 | | or unrelated diagnoses shall not be a basis to reduce or deny |
| 17 | | the benefits required by this subsection. |
| 18 | | (7) Nothing in this subsection shall be construed to |
| 19 | | require an insurer to provide coverage for any of the benefits |
| 20 | | in this subsection. |
| 21 | | (h) As used in this Section: |
| 22 | | "Generally accepted standards of mental, emotional, |
| 23 | | nervous, or substance use disorder or condition care" means |
| 24 | | standards of care and clinical practice that are generally |
| 25 | | recognized by health care providers practicing in relevant |
| 26 | | clinical specialties such as psychiatry, psychology, clinical |
|
| | HB5501 | - 1376 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | sociology, social work, addiction medicine and counseling, and |
| 2 | | behavioral health treatment. Valid, evidence-based sources |
| 3 | | reflecting generally accepted standards of mental, emotional, |
| 4 | | nervous, or substance use disorder or condition care include |
| 5 | | peer-reviewed scientific studies and medical literature, |
| 6 | | recommendations of nonprofit health care provider professional |
| 7 | | associations and specialty societies, including, but not |
| 8 | | limited to, patient placement criteria and clinical practice |
| 9 | | guidelines, recommendations of federal government agencies, |
| 10 | | and drug labeling approved by the United States Food and Drug |
| 11 | | Administration. |
| 12 | | "Medically necessary treatment of mental, emotional, |
| 13 | | nervous, or substance use disorders or conditions" means a |
| 14 | | service or product addressing the specific needs of that |
| 15 | | patient, for the purpose of screening, preventing, diagnosing, |
| 16 | | managing, or treating an illness, injury, or condition or its |
| 17 | | symptoms and comorbidities, including minimizing the |
| 18 | | progression of an illness, injury, or condition or its |
| 19 | | symptoms and comorbidities in a manner that is all of the |
| 20 | | following: |
| 21 | | (1) in accordance with the generally accepted |
| 22 | | standards of mental, emotional, nervous, or substance use |
| 23 | | disorder or condition care; |
| 24 | | (2) clinically appropriate in terms of type, |
| 25 | | frequency, extent, site, and duration; and |
| 26 | | (3) not primarily for the economic benefit of the |
|
| | HB5501 | - 1377 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | insurer, purchaser, or for the convenience of the patient, |
| 2 | | treating physician, or other health care provider. |
| 3 | | "Utilization review" means either of the following: |
| 4 | | (1) prospectively, retrospectively, or concurrently |
| 5 | | reviewing and approving, modifying, delaying, or denying, |
| 6 | | based in whole or in part on medical necessity, requests |
| 7 | | by health care providers, insureds, or their authorized |
| 8 | | representatives for coverage of health care services |
| 9 | | before, retrospectively, or concurrently with the |
| 10 | | provision of health care services to insureds. |
| 11 | | (2) evaluating the medical necessity, appropriateness, |
| 12 | | level of care, service intensity, efficacy, or efficiency |
| 13 | | of health care services, benefits, procedures, or |
| 14 | | settings, under any circumstances, to determine whether a |
| 15 | | health care service or benefit subject to a medical |
| 16 | | necessity coverage requirement in an insurance policy is |
| 17 | | covered as medically necessary for an insured. |
| 18 | | "Utilization review criteria" means patient placement |
| 19 | | criteria or any criteria, standards, protocols, or guidelines |
| 20 | | used by an insurer to conduct utilization review. |
| 21 | | (i)(1) Every insurer that amends, delivers, issues, or |
| 22 | | renews a group or individual policy of accident and health |
| 23 | | insurance or a qualified health plan offered through the |
| 24 | | health insurance marketplace in this State and Medicaid |
| 25 | | managed care organizations providing coverage for hospital or |
| 26 | | medical treatment on or after January 1, 2023 shall, pursuant |
|
| | HB5501 | - 1378 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to subsections (h) through (s), provide coverage for medically |
| 2 | | necessary treatment of mental, emotional, nervous, or |
| 3 | | substance use disorders or conditions. |
| 4 | | (2) An insurer shall not set a specific limit on the |
| 5 | | duration of benefits or coverage of medically necessary |
| 6 | | treatment of mental, emotional, nervous, or substance use |
| 7 | | disorders or conditions or limit coverage only to alleviation |
| 8 | | of the insured's current symptoms. |
| 9 | | (3) All medical necessity determinations made by the |
| 10 | | insurer concerning service intensity, level of care placement, |
| 11 | | continued stay, and transfer or discharge of insureds |
| 12 | | diagnosed with mental, emotional, nervous, or substance use |
| 13 | | disorders or conditions shall be conducted in accordance with |
| 14 | | the requirements of subsections (k) through (u). |
| 15 | | (4) An insurer that authorizes a specific type of |
| 16 | | treatment by a provider pursuant to this Section shall not |
| 17 | | rescind or modify the authorization after that provider |
| 18 | | renders the health care service in good faith and pursuant to |
| 19 | | this authorization for any reason, including, but not limited |
| 20 | | to, the insurer's subsequent cancellation or modification of |
| 21 | | the insured's or policyholder's contract, or the insured's or |
| 22 | | policyholder's eligibility. Nothing in this Section shall |
| 23 | | require the insurer to cover a treatment when the |
| 24 | | authorization was granted based on a material |
| 25 | | misrepresentation by the insured, the policyholder, or the |
| 26 | | provider. Nothing in this Section shall require Medicaid |
|
| | HB5501 | - 1379 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | managed care organizations to pay for services if the |
| 2 | | individual was not eligible for Medicaid at the time the |
| 3 | | service was rendered. Nothing in this Section shall require an |
| 4 | | insurer to pay for services if the individual was not the |
| 5 | | insurer's enrollee at the time services were rendered. As used |
| 6 | | in this paragraph, "material" means a fact or situation that |
| 7 | | is not merely technical in nature and results in or could |
| 8 | | result in a substantial change in the situation. |
| 9 | | (j) An insurer shall not limit benefits or coverage for |
| 10 | | medically necessary services on the basis that those services |
| 11 | | should be or could be covered by a public entitlement program, |
| 12 | | including, but not limited to, special education or an |
| 13 | | individualized education program, Medicaid, Medicare, |
| 14 | | Supplemental Security Income, or Social Security Disability |
| 15 | | Insurance, and shall not include or enforce a contract term |
| 16 | | that excludes otherwise covered benefits on the basis that |
| 17 | | those services should be or could be covered by a public |
| 18 | | entitlement program. Nothing in this subsection shall be |
| 19 | | construed to require an insurer to cover benefits that have |
| 20 | | been authorized and provided for a covered person by a public |
| 21 | | entitlement program. Medicaid managed care organizations are |
| 22 | | not subject to this subsection. |
| 23 | | (k) An insurer shall base any medical necessity |
| 24 | | determination or the utilization review criteria that the |
| 25 | | insurer, and any entity acting on the insurer's behalf, |
| 26 | | applies to determine the medical necessity of health care |
|
| | HB5501 | - 1380 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | services and benefits for the diagnosis, prevention, and |
| 2 | | treatment of mental, emotional, nervous, or substance use |
| 3 | | disorders or conditions on current generally accepted |
| 4 | | standards of mental, emotional, nervous, or substance use |
| 5 | | disorder or condition care. All denials and appeals shall be |
| 6 | | reviewed by a professional with experience or expertise |
| 7 | | comparable to the provider requesting the authorization. |
| 8 | | (l) For medical necessity determinations relating to level |
| 9 | | of care placement, continued stay, and transfer or discharge |
| 10 | | of insureds diagnosed with mental, emotional, and nervous |
| 11 | | disorders or conditions, an insurer shall apply the patient |
| 12 | | placement criteria set forth in the most recent version of the |
| 13 | | treatment criteria developed by an unaffiliated nonprofit |
| 14 | | professional association for the relevant clinical specialty |
| 15 | | or, for Medicaid managed care organizations, patient placement |
| 16 | | criteria determined by the Department of Healthcare and Family |
| 17 | | Services that are consistent with generally accepted standards |
| 18 | | of mental, emotional, nervous or substance use disorder or |
| 19 | | condition care. Pursuant to subsection (b), in conducting |
| 20 | | utilization review of all covered services and benefits for |
| 21 | | the diagnosis, prevention, and treatment of substance use |
| 22 | | disorders an insurer shall use the most recent edition of the |
| 23 | | patient placement criteria established by the American Society |
| 24 | | of Addiction Medicine. |
| 25 | | (m) For medical necessity determinations relating to level |
| 26 | | of care placement, continued stay, and transfer or discharge |
|
| | HB5501 | - 1381 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | that are within the scope of the sources specified in |
| 2 | | subsection (l), an insurer shall not apply different, |
| 3 | | additional, conflicting, or more restrictive utilization |
| 4 | | review criteria than the criteria set forth in those sources. |
| 5 | | For all level of care placement decisions, the insurer shall |
| 6 | | authorize placement at the level of care consistent with the |
| 7 | | assessment of the insured using the relevant patient placement |
| 8 | | criteria as specified in subsection (l). If that level of |
| 9 | | placement is not available, the insurer shall authorize the |
| 10 | | next higher level of care. In the event of disagreement, the |
| 11 | | insurer shall provide full detail of its assessment using the |
| 12 | | relevant criteria as specified in subsection (l) to the |
| 13 | | provider of the service and the patient. |
| 14 | | Nothing in this subsection or subsection (l) prohibits an |
| 15 | | insurer from applying utilization review criteria that were |
| 16 | | developed in accordance with subsection (k) to health care |
| 17 | | services and benefits for mental, emotional, and nervous |
| 18 | | disorders or conditions that are not related to medical |
| 19 | | necessity determinations for level of care placement, |
| 20 | | continued stay, and transfer or discharge. If an insurer |
| 21 | | purchases or licenses utilization review criteria pursuant to |
| 22 | | this subsection, the insurer shall verify and document before |
| 23 | | use that the criteria were developed in accordance with |
| 24 | | subsection (k). |
| 25 | | (n) In conducting utilization review that is outside the |
| 26 | | scope of the criteria as specified in subsection (l) or |
|
| | HB5501 | - 1382 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | relates to the advancements in technology or in the types or |
| 2 | | levels of care that are not addressed in the most recent |
| 3 | | versions of the sources specified in subsection (l), an |
| 4 | | insurer shall conduct utilization review in accordance with |
| 5 | | subsection (k). |
| 6 | | (o) This Section does not in any way limit the rights of a |
| 7 | | patient under the Medical Patient Rights Act. |
| 8 | | (p) This Section does not in any way limit early and |
| 9 | | periodic screening, diagnostic, and treatment benefits as |
| 10 | | defined under 42 U.S.C. 1396d(r). |
| 11 | | (q) To ensure the proper use of the criteria described in |
| 12 | | subsection (l), every insurer shall do all of the following: |
| 13 | | (1) Educate the insurer's staff, including any third |
| 14 | | parties contracted with the insurer to review claims, |
| 15 | | conduct utilization reviews, or make medical necessity |
| 16 | | determinations about the utilization review criteria. |
| 17 | | (2) Make the educational program available to other |
| 18 | | stakeholders, including the insurer's participating or |
| 19 | | contracted providers and potential participants, |
| 20 | | beneficiaries, or covered lives. The education program |
| 21 | | must be provided at least once a year, in-person or |
| 22 | | digitally, or recordings of the education program must be |
| 23 | | made available to the aforementioned stakeholders. |
| 24 | | (3) Provide, at no cost, the utilization review |
| 25 | | criteria and any training material or resources to |
| 26 | | providers and insured patients upon request. For |
|
| | HB5501 | - 1383 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | utilization review criteria not concerning level of care |
| 2 | | placement, continued stay, and transfer or discharge used |
| 3 | | by the insurer pursuant to subsection (m), the insurer may |
| 4 | | place the criteria on a secure, password-protected website |
| 5 | | so long as the access requirements of the website do not |
| 6 | | unreasonably restrict access to insureds or their |
| 7 | | providers. No restrictions shall be placed upon the |
| 8 | | insured's or treating provider's access right to |
| 9 | | utilization review criteria obtained under this paragraph |
| 10 | | at any point in time, including before an initial request |
| 11 | | for authorization. |
| 12 | | (4) Track, identify, and analyze how the utilization |
| 13 | | review criteria are used to certify care, deny care, and |
| 14 | | support the appeals process. |
| 15 | | (5) Conduct interrater reliability testing to ensure |
| 16 | | consistency in utilization review decision making that |
| 17 | | covers how medical necessity decisions are made; this |
| 18 | | assessment shall cover all aspects of utilization review |
| 19 | | as defined in subsection (h). |
| 20 | | (6) Run interrater reliability reports about how the |
| 21 | | clinical guidelines are used in conjunction with the |
| 22 | | utilization review process and parity compliance |
| 23 | | activities. |
| 24 | | (7) Achieve interrater reliability pass rates of at |
| 25 | | least 90% and, if this threshold is not met, immediately |
| 26 | | provide for the remediation of poor interrater reliability |
|
| | HB5501 | - 1384 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and interrater reliability testing for all new staff |
| 2 | | before they can conduct utilization review without |
| 3 | | supervision. |
| 4 | | (8) Maintain documentation of interrater reliability |
| 5 | | testing and the remediation actions taken for those with |
| 6 | | pass rates lower than 90% and submit to the Department of |
| 7 | | Insurance or, in the case of Medicaid managed care |
| 8 | | organizations, the Department of Healthcare and Family |
| 9 | | Services the testing results and a summary of remedial |
| 10 | | actions as part of parity compliance reporting set forth |
| 11 | | in subsection (k) of Section 370c.1. |
| 12 | | (r) This Section applies to all health care services and |
| 13 | | benefits for the diagnosis, prevention, and treatment of |
| 14 | | mental, emotional, nervous, or substance use disorders or |
| 15 | | conditions covered by an insurance policy, including |
| 16 | | prescription drugs. |
| 17 | | (s) This Section applies to an insurer that amends, |
| 18 | | delivers, issues, or renews a group or individual policy of |
| 19 | | accident and health insurance or a qualified health plan |
| 20 | | offered through the health insurance marketplace in this State |
| 21 | | providing coverage for hospital or medical treatment and |
| 22 | | conducts utilization review as defined in this Section, |
| 23 | | including Medicaid managed care organizations, and any entity |
| 24 | | or contracting provider that performs utilization review or |
| 25 | | utilization management functions on an insurer's behalf. |
| 26 | | (t) If the Director determines that an insurer has |
|
| | HB5501 | - 1385 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | violated this Section, the Director may, after appropriate |
| 2 | | notice and opportunity for hearing, by order, assess a civil |
| 3 | | penalty between $1,000 and $5,000 for each violation. Moneys |
| 4 | | collected from penalties shall be deposited into the Parity |
| 5 | | Advancement Fund established in subsection (i) of Section |
| 6 | | 370c.1. |
| 7 | | (u) An insurer shall not adopt, impose, or enforce terms |
| 8 | | in its policies or provider agreements, in writing or in |
| 9 | | operation, that undermine, alter, or conflict with the |
| 10 | | requirements of this Section. |
| 11 | | (v) The provisions of this Section are severable. If any |
| 12 | | provision of this Section or its application is held invalid, |
| 13 | | that invalidity shall not affect other provisions or |
| 14 | | applications that can be given effect without the invalid |
| 15 | | provision or application. |
| 16 | | (Source: P.A. 101-81, eff. 7-12-19; 101-386, eff. 8-16-19; |
| 17 | | 102-558, eff. 8-20-21; 102-579, eff. 1-1-22; revised |
| 18 | | 10-15-21.)
|
| 19 | | (215 ILCS 5/370c.1) |
| 20 | | Sec. 370c.1. Mental, emotional, nervous, or substance use |
| 21 | | disorder or condition parity. |
| 22 | | (a) On and after July 23, 2021 (the effective date of |
| 23 | | Public Act 102-135) this amendatory Act of the 102nd General |
| 24 | | Assembly, every insurer that amends, delivers, issues, or |
| 25 | | renews a group or individual policy of accident and health |
|
| | HB5501 | - 1386 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | insurance or a qualified health plan offered through the |
| 2 | | Health Insurance Marketplace in this State providing coverage |
| 3 | | for hospital or medical treatment and for the treatment of |
| 4 | | mental, emotional, nervous, or substance use disorders or |
| 5 | | conditions shall ensure prior to policy issuance that: |
| 6 | | (1) the financial requirements applicable to such |
| 7 | | mental, emotional, nervous, or substance use disorder or |
| 8 | | condition benefits are no more restrictive than the |
| 9 | | predominant financial requirements applied to |
| 10 | | substantially all hospital and medical benefits covered by |
| 11 | | the policy and that there are no separate cost-sharing |
| 12 | | requirements that are applicable only with respect to |
| 13 | | mental, emotional, nervous, or substance use disorder or |
| 14 | | condition benefits; and |
| 15 | | (2) the treatment limitations applicable to such |
| 16 | | mental, emotional, nervous, or substance use disorder or |
| 17 | | condition benefits are no more restrictive than the |
| 18 | | predominant treatment limitations applied to substantially |
| 19 | | all hospital and medical benefits covered by the policy |
| 20 | | and that there are no separate treatment limitations that |
| 21 | | are applicable only with respect to mental, emotional, |
| 22 | | nervous, or substance use disorder or condition benefits. |
| 23 | | (b) The following provisions shall apply concerning |
| 24 | | aggregate lifetime limits: |
| 25 | | (1) In the case of a group or individual policy of |
| 26 | | accident and health insurance or a qualified health plan |
|
| | HB5501 | - 1387 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | offered through the Health Insurance Marketplace amended, |
| 2 | | delivered, issued, or renewed in this State on or after |
| 3 | | September 9, 2015 (the effective date of Public Act |
| 4 | | 99-480) this amendatory Act of the 99th General Assembly |
| 5 | | that provides coverage for hospital or medical treatment |
| 6 | | and for the treatment of mental, emotional, nervous, or |
| 7 | | substance use disorders or conditions the following |
| 8 | | provisions shall apply: |
| 9 | | (A) if the policy does not include an aggregate |
| 10 | | lifetime limit on substantially all hospital and |
| 11 | | medical benefits, then the policy may not impose any |
| 12 | | aggregate lifetime limit on mental, emotional, |
| 13 | | nervous, or substance use disorder or condition |
| 14 | | benefits; or |
| 15 | | (B) if the policy includes an aggregate lifetime |
| 16 | | limit on substantially all hospital and medical |
| 17 | | benefits (in this subsection referred to as the |
| 18 | | "applicable lifetime limit"), then the policy shall |
| 19 | | either: |
| 20 | | (i) apply the applicable lifetime limit both |
| 21 | | to the hospital and medical benefits to which it |
| 22 | | otherwise would apply and to mental, emotional, |
| 23 | | nervous, or substance use disorder or condition |
| 24 | | benefits and not distinguish in the application of |
| 25 | | the limit between the hospital and medical |
| 26 | | benefits and mental, emotional, nervous, or |
|
| | HB5501 | - 1388 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | substance use disorder or condition benefits; or |
| 2 | | (ii) not include any aggregate lifetime limit |
| 3 | | on mental, emotional, nervous, or substance use |
| 4 | | disorder or condition benefits that is less than |
| 5 | | the applicable lifetime limit. |
| 6 | | (2) In the case of a policy that is not described in |
| 7 | | paragraph (1) of subsection (b) of this Section and that |
| 8 | | includes no or different aggregate lifetime limits on |
| 9 | | different categories of hospital and medical benefits, the |
| 10 | | Director shall establish rules under which subparagraph |
| 11 | | (B) of paragraph (1) of subsection (b) of this Section is |
| 12 | | applied to such policy with respect to mental, emotional, |
| 13 | | nervous, or substance use disorder or condition benefits |
| 14 | | by substituting for the applicable lifetime limit an |
| 15 | | average aggregate lifetime limit that is computed taking |
| 16 | | into account the weighted average of the aggregate |
| 17 | | lifetime limits applicable to such categories. |
| 18 | | (c) The following provisions shall apply concerning annual |
| 19 | | limits: |
| 20 | | (1) In the case of a group or individual policy of |
| 21 | | accident and health insurance or a qualified health plan |
| 22 | | offered through the Health Insurance Marketplace amended, |
| 23 | | delivered, issued, or renewed in this State on or after |
| 24 | | September 9, 2015 (the effective date of Public Act |
| 25 | | 99-480) this amendatory Act of the 99th General Assembly |
| 26 | | that provides coverage for hospital or medical treatment |
|
| | HB5501 | - 1389 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and for the treatment of mental, emotional, nervous, or |
| 2 | | substance use disorders or conditions the following |
| 3 | | provisions shall apply: |
| 4 | | (A) if the policy does not include an annual limit |
| 5 | | on substantially all hospital and medical benefits, |
| 6 | | then the policy may not impose any annual limits on |
| 7 | | mental, emotional, nervous, or substance use disorder |
| 8 | | or condition benefits; or |
| 9 | | (B) if the policy includes an annual limit on |
| 10 | | substantially all hospital and medical benefits (in |
| 11 | | this subsection referred to as the "applicable annual |
| 12 | | limit"), then the policy shall either: |
| 13 | | (i) apply the applicable annual limit both to |
| 14 | | the hospital and medical benefits to which it |
| 15 | | otherwise would apply and to mental, emotional, |
| 16 | | nervous, or substance use disorder or condition |
| 17 | | benefits and not distinguish in the application of |
| 18 | | the limit between the hospital and medical |
| 19 | | benefits and mental, emotional, nervous, or |
| 20 | | substance use disorder or condition benefits; or |
| 21 | | (ii) not include any annual limit on mental, |
| 22 | | emotional, nervous, or substance use disorder or |
| 23 | | condition benefits that is less than the |
| 24 | | applicable annual limit. |
| 25 | | (2) In the case of a policy that is not described in |
| 26 | | paragraph (1) of subsection (c) of this Section and that |
|
| | HB5501 | - 1390 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | includes no or different annual limits on different |
| 2 | | categories of hospital and medical benefits, the Director |
| 3 | | shall establish rules under which subparagraph (B) of |
| 4 | | paragraph (1) of subsection (c) of this Section is applied |
| 5 | | to such policy with respect to mental, emotional, nervous, |
| 6 | | or substance use disorder or condition benefits by |
| 7 | | substituting for the applicable annual limit an average |
| 8 | | annual limit that is computed taking into account the |
| 9 | | weighted average of the annual limits applicable to such |
| 10 | | categories. |
| 11 | | (d) With respect to mental, emotional, nervous, or |
| 12 | | substance use disorders or conditions, an insurer shall use |
| 13 | | policies and procedures for the election and placement of |
| 14 | | mental, emotional, nervous, or substance use disorder or |
| 15 | | condition treatment drugs on their formulary that are no less |
| 16 | | favorable to the insured as those policies and procedures the |
| 17 | | insurer uses for the selection and placement of drugs for |
| 18 | | medical or surgical conditions and shall follow the expedited |
| 19 | | coverage determination requirements for substance abuse |
| 20 | | treatment drugs set forth in Section 45.2 of the Managed Care |
| 21 | | Reform and Patient Rights Act. |
| 22 | | (e) This Section shall be interpreted in a manner |
| 23 | | consistent with all applicable federal parity regulations |
| 24 | | including, but not limited to, the Paul Wellstone and Pete |
| 25 | | Domenici Mental Health Parity and Addiction Equity Act of |
| 26 | | 2008, final regulations issued under the Paul Wellstone and |
|
| | HB5501 | - 1391 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Pete Domenici Mental Health Parity and Addiction Equity Act of |
| 2 | | 2008 and final regulations applying the Paul Wellstone and |
| 3 | | Pete Domenici Mental Health Parity and Addiction Equity Act of |
| 4 | | 2008 to Medicaid managed care organizations, the Children's |
| 5 | | Health Insurance Program, and alternative benefit plans. |
| 6 | | (f) The provisions of subsections (b) and (c) of this |
| 7 | | Section shall not be interpreted to allow the use of lifetime |
| 8 | | or annual limits otherwise prohibited by State or federal law. |
| 9 | | (g) As used in this Section: |
| 10 | | "Financial requirement" includes deductibles, copayments, |
| 11 | | coinsurance, and out-of-pocket maximums, but does not include |
| 12 | | an aggregate lifetime limit or an annual limit subject to |
| 13 | | subsections (b) and (c). |
| 14 | | "Mental, emotional, nervous, or substance use disorder or |
| 15 | | condition" means a condition or disorder that involves a |
| 16 | | mental health condition or substance use disorder that falls |
| 17 | | under any of the diagnostic categories listed in the mental |
| 18 | | and behavioral disorders chapter of the current edition of the |
| 19 | | International Classification of Disease or that is listed in |
| 20 | | the most recent version of the Diagnostic and Statistical |
| 21 | | Manual of Mental Disorders. |
| 22 | | "Treatment limitation" includes limits on benefits based |
| 23 | | on the frequency of treatment, number of visits, days of |
| 24 | | coverage, days in a waiting period, or other similar limits on |
| 25 | | the scope or duration of treatment. "Treatment limitation" |
| 26 | | includes both quantitative treatment limitations, which are |
|
| | HB5501 | - 1392 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | expressed numerically (such as 50 outpatient visits per year), |
| 2 | | and nonquantitative treatment limitations, which otherwise |
| 3 | | limit the scope or duration of treatment. A permanent |
| 4 | | exclusion of all benefits for a particular condition or |
| 5 | | disorder shall not be considered a treatment limitation. |
| 6 | | "Nonquantitative treatment" means those limitations as |
| 7 | | described under federal regulations (26 CFR 54.9812-1). |
| 8 | | "Nonquantitative treatment limitations" include, but are not |
| 9 | | limited to, those limitations described under federal |
| 10 | | regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR |
| 11 | | 146.136.
|
| 12 | | (h) The Department of Insurance shall implement the |
| 13 | | following education initiatives: |
| 14 | | (1) By January 1, 2016, the Department shall develop a |
| 15 | | plan for a Consumer Education Campaign on parity. The |
| 16 | | Consumer Education Campaign shall focus its efforts |
| 17 | | throughout the State and include trainings in the |
| 18 | | northern, southern, and central regions of the State, as |
| 19 | | defined by the Department, as well as each of the 5 managed |
| 20 | | care regions of the State as identified by the Department |
| 21 | | of Healthcare and Family Services. Under this Consumer |
| 22 | | Education Campaign, the Department shall: (1) by January |
| 23 | | 1, 2017, provide at least one live training in each region |
| 24 | | on parity for consumers and providers and one webinar |
| 25 | | training to be posted on the Department website and (2) |
| 26 | | establish a consumer hotline to assist consumers in |
|
| | HB5501 | - 1393 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | navigating the parity process by March 1, 2017. By January |
| 2 | | 1, 2018 the Department shall issue a report to the General |
| 3 | | Assembly on the success of the Consumer Education |
| 4 | | Campaign, which shall indicate whether additional training |
| 5 | | is necessary or would be recommended. |
| 6 | | (2) The Department, in coordination with the |
| 7 | | Department of Human Services and the Department of |
| 8 | | Healthcare and Family Services, shall convene a working |
| 9 | | group of health care insurance carriers, mental health |
| 10 | | advocacy groups, substance abuse patient advocacy groups, |
| 11 | | and mental health physician groups for the purpose of |
| 12 | | discussing issues related to the treatment and coverage of |
| 13 | | mental, emotional, nervous, or substance use disorders or |
| 14 | | conditions and compliance with parity obligations under |
| 15 | | State and federal law. Compliance shall be measured, |
| 16 | | tracked, and shared during the meetings of the working |
| 17 | | group. The working group shall meet once before January 1, |
| 18 | | 2016 and shall meet semiannually thereafter. The |
| 19 | | Department shall issue an annual report to the General |
| 20 | | Assembly that includes a list of the health care insurance |
| 21 | | carriers, mental health advocacy groups, substance abuse |
| 22 | | patient advocacy groups, and mental health physician |
| 23 | | groups that participated in the working group meetings, |
| 24 | | details on the issues and topics covered, and any |
| 25 | | legislative recommendations developed by the working |
| 26 | | group. |
|
| | HB5501 | - 1394 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) Not later than January 1 of each year, the |
| 2 | | Department, in conjunction with the Department of |
| 3 | | Healthcare and Family Services, shall issue a joint report |
| 4 | | to the General Assembly and provide an educational |
| 5 | | presentation to the General Assembly. The report and |
| 6 | | presentation shall: |
| 7 | | (A) Cover the methodology the Departments use to |
| 8 | | check for compliance with the federal Paul Wellstone |
| 9 | | and Pete Domenici Mental Health Parity and Addiction |
| 10 | | Equity Act of 2008, 42 U.S.C. 18031(j), and any |
| 11 | | federal regulations or guidance relating to the |
| 12 | | compliance and oversight of the federal Paul Wellstone |
| 13 | | and Pete Domenici Mental Health Parity and Addiction |
| 14 | | Equity Act of 2008 and 42 U.S.C. 18031(j). |
| 15 | | (B) Cover the methodology the Departments use to |
| 16 | | check for compliance with this Section and Sections |
| 17 | | 356z.23 and 370c of this Code. |
| 18 | | (C) Identify market conduct examinations or, in |
| 19 | | the case of the Department of Healthcare and Family |
| 20 | | Services, audits conducted or completed during the |
| 21 | | preceding 12-month period regarding compliance with |
| 22 | | parity in mental, emotional, nervous, and substance |
| 23 | | use disorder or condition benefits under State and |
| 24 | | federal laws and summarize the results of such market |
| 25 | | conduct examinations and audits. This shall include: |
| 26 | | (i) the number of market conduct examinations |
|
| | HB5501 | - 1396 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | collected from insurers for violations of this Section shall |
| 2 | | be deposited into the Fund. Moneys deposited into the Fund for |
| 3 | | appropriation by the General Assembly to the Department shall |
| 4 | | be used for the purpose of providing financial support of the |
| 5 | | Consumer Education Campaign, parity compliance advocacy, and |
| 6 | | other initiatives that support parity implementation and |
| 7 | | enforcement on behalf of consumers. |
| 8 | | (j) The Department of Insurance and the Department of |
| 9 | | Healthcare and Family Services shall convene and provide |
| 10 | | technical support to a workgroup of 11 members that shall be |
| 11 | | comprised of 3 mental health parity experts recommended by an |
| 12 | | organization advocating on behalf of mental health parity |
| 13 | | appointed by the President of the Senate; 3 behavioral health |
| 14 | | providers recommended by an organization that represents |
| 15 | | behavioral health providers appointed by the Speaker of the |
| 16 | | House of Representatives; 2 representing Medicaid managed care |
| 17 | | organizations recommended by an organization that represents |
| 18 | | Medicaid managed care plans appointed by the Minority Leader |
| 19 | | of the House of Representatives; 2 representing commercial |
| 20 | | insurers recommended by an organization that represents |
| 21 | | insurers appointed by the Minority Leader of the Senate; and a |
| 22 | | representative of an organization that represents Medicaid |
| 23 | | managed care plans appointed by the Governor. |
| 24 | | The workgroup shall provide recommendations to the General |
| 25 | | Assembly on health plan data reporting requirements that |
| 26 | | separately break out data on mental, emotional, nervous, or |
|
| | HB5501 | - 1397 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | substance use disorder or condition benefits and data on other |
| 2 | | medical benefits, including physical health and related health |
| 3 | | services no later than December 31, 2019. The recommendations |
| 4 | | to the General Assembly shall be filed with the Clerk of the |
| 5 | | House of Representatives and the Secretary of the Senate in |
| 6 | | electronic form only, in the manner that the Clerk and the |
| 7 | | Secretary shall direct. This workgroup shall take into account |
| 8 | | federal requirements and recommendations on mental health |
| 9 | | parity reporting for the Medicaid program. This workgroup |
| 10 | | shall also develop the format and provide any needed |
| 11 | | definitions for reporting requirements in subsection (k). The |
| 12 | | research and evaluation of the working group shall include, |
| 13 | | but not be limited to: |
| 14 | | (1) claims denials due to benefit limits, if |
| 15 | | applicable; |
| 16 | | (2) administrative denials for no prior authorization; |
| 17 | | (3) denials due to not meeting medical necessity; |
| 18 | | (4) denials that went to external review and whether |
| 19 | | they were upheld or overturned for medical necessity; |
| 20 | | (5) out-of-network claims; |
| 21 | | (6) emergency care claims; |
| 22 | | (7) network directory providers in the outpatient |
| 23 | | benefits classification who filed no claims in the last 6 |
| 24 | | months, if applicable; |
| 25 | | (8) the impact of existing and pertinent limitations |
| 26 | | and restrictions related to approved services, licensed |
|
| | HB5501 | - 1398 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | providers, reimbursement levels, and reimbursement |
| 2 | | methodologies within the Division of Mental Health, the |
| 3 | | Division of Substance Use Prevention and Recovery |
| 4 | | programs, the Department of Healthcare and Family |
| 5 | | Services, and, to the extent possible, federal regulations |
| 6 | | and law; and |
| 7 | | (9) when reporting and publishing should begin. |
| 8 | | Representatives from the Department of Healthcare and |
| 9 | | Family Services, representatives from the Division of Mental |
| 10 | | Health, and representatives from the Division of Substance Use |
| 11 | | Prevention and Recovery shall provide technical advice to the |
| 12 | | workgroup. |
| 13 | | (k) An insurer that amends, delivers, issues, or renews a |
| 14 | | group or individual policy of accident and health insurance or |
| 15 | | a qualified health plan offered through the health insurance |
| 16 | | marketplace in this State providing coverage for hospital or |
| 17 | | medical treatment and for the treatment of mental, emotional, |
| 18 | | nervous, or substance use disorders or conditions shall submit |
| 19 | | an annual report, the format and definitions for which will be |
| 20 | | developed by the workgroup in subsection (j), to the |
| 21 | | Department, or, with respect to medical assistance, the |
| 22 | | Department of Healthcare and Family Services starting on or |
| 23 | | before July 1, 2020 that contains the following information |
| 24 | | separately for inpatient in-network benefits, inpatient |
| 25 | | out-of-network benefits, outpatient in-network benefits, |
| 26 | | outpatient out-of-network benefits, emergency care benefits, |
|
| | HB5501 | - 1399 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and prescription drug benefits in the case of accident and |
| 2 | | health insurance or qualified health plans, or inpatient, |
| 3 | | outpatient, emergency care, and prescription drug benefits in |
| 4 | | the case of medical assistance: |
| 5 | | (1) A summary of the plan's pharmacy management |
| 6 | | processes for mental, emotional, nervous, or substance use |
| 7 | | disorder or condition benefits compared to those for other |
| 8 | | medical benefits. |
| 9 | | (2) A summary of the internal processes of review for |
| 10 | | experimental benefits and unproven technology for mental, |
| 11 | | emotional, nervous, or substance use disorder or condition |
| 12 | | benefits and those for
other medical benefits. |
| 13 | | (3) A summary of how the plan's policies and |
| 14 | | procedures for utilization management for mental, |
| 15 | | emotional, nervous, or substance use disorder or condition |
| 16 | | benefits compare to those for other medical benefits. |
| 17 | | (4) A description of the process used to develop or |
| 18 | | select the medical necessity criteria for mental, |
| 19 | | emotional, nervous, or substance use disorder or condition |
| 20 | | benefits and the process used to develop or select the |
| 21 | | medical necessity criteria for medical and surgical |
| 22 | | benefits. |
| 23 | | (5) Identification of all nonquantitative treatment |
| 24 | | limitations that are applied to both mental, emotional, |
| 25 | | nervous, or substance use disorder or condition benefits |
| 26 | | and medical and surgical benefits within each |
|
| | HB5501 | - 1400 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | classification of benefits. |
| 2 | | (6) The results of an analysis that demonstrates that |
| 3 | | for the medical necessity criteria described in |
| 4 | | subparagraph (A) and for each nonquantitative treatment |
| 5 | | limitation identified in subparagraph (B), as written and |
| 6 | | in operation, the processes, strategies, evidentiary |
| 7 | | standards, or other factors used in applying the medical |
| 8 | | necessity criteria and each nonquantitative treatment |
| 9 | | limitation to mental, emotional, nervous, or substance use |
| 10 | | disorder or condition benefits within each classification |
| 11 | | of benefits are comparable to, and are applied no more |
| 12 | | stringently than, the processes, strategies, evidentiary |
| 13 | | standards, or other factors used in applying the medical |
| 14 | | necessity criteria and each nonquantitative treatment |
| 15 | | limitation to medical and surgical benefits within the |
| 16 | | corresponding classification of benefits; at a minimum, |
| 17 | | the results of the analysis shall: |
| 18 | | (A) identify the factors used to determine that a |
| 19 | | nonquantitative treatment limitation applies to a |
| 20 | | benefit, including factors that were considered but |
| 21 | | rejected; |
| 22 | | (B) identify and define the specific evidentiary |
| 23 | | standards used to define the factors and any other |
| 24 | | evidence relied upon in designing each nonquantitative |
| 25 | | treatment limitation; |
| 26 | | (C) provide the comparative analyses, including |
|
| | HB5501 | - 1401 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the results of the analyses, performed to determine |
| 2 | | that the processes and strategies used to design each |
| 3 | | nonquantitative treatment limitation, as written, for |
| 4 | | mental, emotional, nervous, or substance use disorder |
| 5 | | or condition benefits are comparable to, and are |
| 6 | | applied no more stringently than, the processes and |
| 7 | | strategies used to design each nonquantitative |
| 8 | | treatment limitation, as written, for medical and |
| 9 | | surgical benefits; |
| 10 | | (D) provide the comparative analyses, including |
| 11 | | the results of the analyses, performed to determine |
| 12 | | that the processes and strategies used to apply each |
| 13 | | nonquantitative treatment limitation, in operation, |
| 14 | | for mental, emotional, nervous, or substance use |
| 15 | | disorder or condition benefits are comparable to, and |
| 16 | | applied no more stringently than, the processes or |
| 17 | | strategies used to apply each nonquantitative |
| 18 | | treatment limitation, in operation, for medical and |
| 19 | | surgical benefits; and |
| 20 | | (E) disclose the specific findings and conclusions |
| 21 | | reached by the insurer that the results of the |
| 22 | | analyses described in subparagraphs (C) and (D) |
| 23 | | indicate that the insurer is in compliance with this |
| 24 | | Section and the Mental Health Parity and Addiction |
| 25 | | Equity Act of 2008 and its implementing regulations, |
| 26 | | which includes 42 CFR Parts 438, 440, and 457 and 45 |
|
| | HB5501 | - 1402 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | CFR 146.136 and any other related federal regulations |
| 2 | | found in the Code of Federal Regulations. |
| 3 | | (7) Any other information necessary to clarify data |
| 4 | | provided in accordance with this Section requested by the |
| 5 | | Director, including information that may be proprietary or |
| 6 | | have commercial value, under the requirements of Section |
| 7 | | 30 of the Viatical Settlements Act of 2009. |
| 8 | | (l) An insurer that amends, delivers, issues, or renews a |
| 9 | | group or individual policy of accident and health insurance or |
| 10 | | a qualified health plan offered through the health insurance |
| 11 | | marketplace in this State providing coverage for hospital or |
| 12 | | medical treatment and for the treatment of mental, emotional, |
| 13 | | nervous, or substance use disorders or conditions on or after |
| 14 | | January 1, 2019 (the effective date of Public Act 100-1024) |
| 15 | | this amendatory Act of the 100th General Assembly shall, in |
| 16 | | advance of the plan year, make available to the Department or, |
| 17 | | with respect to medical assistance, the Department of |
| 18 | | Healthcare and Family Services and to all plan participants |
| 19 | | and beneficiaries the information required in subparagraphs |
| 20 | | (C) through (E) of paragraph (6) of subsection (k). For plan |
| 21 | | participants and medical assistance beneficiaries, the |
| 22 | | information required in subparagraphs (C) through (E) of |
| 23 | | paragraph (6) of subsection (k) shall be made available on a |
| 24 | | publicly-available website whose web address is prominently |
| 25 | | displayed in plan and managed care organization informational |
| 26 | | and marketing materials. |
|
| | HB5501 | - 1404 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Beneficiary" means an individual, an enrollee, an |
| 2 | | insured, a participant, or any other person entitled to |
| 3 | | reimbursement for covered expenses of or the discounting of |
| 4 | | provider fees for health care services under a program in |
| 5 | | which the beneficiary has an incentive to utilize the services |
| 6 | | of a provider that has entered into an agreement or |
| 7 | | arrangement with an insurer. |
| 8 | | "Department" means the Department of Insurance. |
| 9 | | "Director" means the Director of Insurance. |
| 10 | | "Family caregiver" means a relative, partner, friend, or |
| 11 | | neighbor who has a significant relationship with the patient |
| 12 | | and administers or assists the patient them with activities of |
| 13 | | daily living, instrumental activities of daily living, or |
| 14 | | other medical or nursing tasks for the quality and welfare of |
| 15 | | that patient. |
| 16 | | "Insurer" means any entity that offers individual or group |
| 17 | | accident and health insurance, including, but not limited to, |
| 18 | | health maintenance organizations, preferred provider |
| 19 | | organizations, exclusive provider organizations, and other |
| 20 | | plan structures requiring network participation, excluding the |
| 21 | | medical assistance program under the Illinois Public Aid Code, |
| 22 | | the State employees group health insurance program, workers |
| 23 | | compensation insurance, and pharmacy benefit managers. |
| 24 | | "Material change" means a significant reduction in the |
| 25 | | number of providers available in a network plan, including, |
| 26 | | but not limited to, a reduction of 10% or more in a specific |
|
| | HB5501 | - 1405 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | type of providers, the removal of a major health system that |
| 2 | | causes a network to be significantly different from the |
| 3 | | network when the beneficiary purchased the network plan, or |
| 4 | | any change that would cause the network to no longer satisfy |
| 5 | | the requirements of this Act or the Department's rules for |
| 6 | | network adequacy and transparency. |
| 7 | | "Network" means the group or groups of preferred providers |
| 8 | | providing services to a network plan. |
| 9 | | "Network plan" means an individual or group policy of |
| 10 | | accident and health insurance that either requires a covered |
| 11 | | person to use or creates incentives, including financial |
| 12 | | incentives, for a covered person to use providers managed, |
| 13 | | owned, under contract with, or employed by the insurer. |
| 14 | | "Ongoing course of treatment" means (1) treatment for a |
| 15 | | life-threatening condition, which is a disease or condition |
| 16 | | for which likelihood of death is probable unless the course of |
| 17 | | the disease or condition is interrupted; (2) treatment for a |
| 18 | | serious acute condition, defined as a disease or condition |
| 19 | | requiring complex ongoing care that the covered person is |
| 20 | | currently receiving, such as chemotherapy, radiation therapy, |
| 21 | | or post-operative visits; (3) a course of treatment for a |
| 22 | | health condition that a treating provider attests that |
| 23 | | discontinuing care by that provider would worsen the condition |
| 24 | | or interfere with anticipated outcomes; or (4) the third |
| 25 | | trimester of pregnancy through the post-partum period. |
| 26 | | "Preferred provider" means any provider who has entered, |
|
| | HB5501 | - 1406 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | either directly or indirectly, into an agreement with an |
| 2 | | employer or risk-bearing entity relating to health care |
| 3 | | services that may be rendered to beneficiaries under a network |
| 4 | | plan. |
| 5 | | "Providers" means physicians licensed to practice medicine |
| 6 | | in all its branches, other health care professionals, |
| 7 | | hospitals, or other health care institutions that provide |
| 8 | | health care services. |
| 9 | | "Telehealth" has the meaning given to that term in Section |
| 10 | | 356z.22 of the Illinois Insurance Code. |
| 11 | | "Telemedicine" has the meaning given to that term in |
| 12 | | Section 49.5 of the Medical Practice Act of 1987. |
| 13 | | "Tiered network" means a network that identifies and |
| 14 | | groups some or all types of provider and facilities into |
| 15 | | specific groups to which different provider reimbursement, |
| 16 | | covered person cost-sharing or provider access requirements, |
| 17 | | or any combination thereof, apply for the same services. |
| 18 | | "Woman's principal health care provider" means a physician |
| 19 | | licensed to practice medicine in all of its branches |
| 20 | | specializing in obstetrics, gynecology, or family practice.
|
| 21 | | (Source: P.A. 102-92, eff. 7-9-21; revised 10-5-21.)
|
| 22 | | Section 435. The Health Maintenance Organization Act is |
| 23 | | amended by changing Section 5-3 as follows:
|
| 24 | | (215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
|
|
| | HB5501 | - 1407 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 5-3. Insurance Code provisions.
|
| 2 | | (a) Health Maintenance Organizations
shall be subject to |
| 3 | | the provisions of Sections 133, 134, 136, 137, 139, 140, |
| 4 | | 141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151,
152, 153, |
| 5 | | 154, 154.5, 154.6,
154.7, 154.8, 155.04, 155.22a, 355.2, |
| 6 | | 355.3, 355b, 356g.5-1, 356m, 356q, 356v, 356w, 356x, 356y,
|
| 7 | | 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9, |
| 8 | | 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, |
| 9 | | 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29, |
| 10 | | 356z.30, 356z.30a, 356z.32, 356z.33, 356z.35, 356z.36, |
| 11 | | 356z.40, 356z.41, 356z.43, 356z.46, 356z.47, 356z.48, 356z.50, |
| 12 | | 356z.51, 364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c, |
| 13 | | 368d, 368e, 370c,
370c.1, 401, 401.1, 402, 403, 403A,
408, |
| 14 | | 408.2, 409, 412, 444,
and
444.1,
paragraph (c) of subsection |
| 15 | | (2) of Section 367, and Articles IIA, VIII 1/2,
XII,
XII 1/2, |
| 16 | | XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois |
| 17 | | Insurance Code.
|
| 18 | | (b) For purposes of the Illinois Insurance Code, except |
| 19 | | for Sections 444
and 444.1 and Articles XIII and XIII 1/2, |
| 20 | | Health Maintenance Organizations in
the following categories |
| 21 | | are deemed to be "domestic companies":
|
| 22 | | (1) a corporation authorized under the
Dental Service |
| 23 | | Plan Act or the Voluntary Health Services Plans Act;
|
| 24 | | (2) a corporation organized under the laws of this |
| 25 | | State; or
|
| 26 | | (3) a corporation organized under the laws of another |
|
| | HB5501 | - 1408 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | state, 30% or more
of the enrollees of which are residents |
| 2 | | of this State, except a
corporation subject to |
| 3 | | substantially the same requirements in its state of
|
| 4 | | organization as is a "domestic company" under Article VIII |
| 5 | | 1/2 of the
Illinois Insurance Code.
|
| 6 | | (c) In considering the merger, consolidation, or other |
| 7 | | acquisition of
control of a Health Maintenance Organization |
| 8 | | pursuant to Article VIII 1/2
of the Illinois Insurance Code,
|
| 9 | | (1) the Director shall give primary consideration to |
| 10 | | the continuation of
benefits to enrollees and the |
| 11 | | financial conditions of the acquired Health
Maintenance |
| 12 | | Organization after the merger, consolidation, or other
|
| 13 | | acquisition of control takes effect;
|
| 14 | | (2)(i) the criteria specified in subsection (1)(b) of |
| 15 | | Section 131.8 of
the Illinois Insurance Code shall not |
| 16 | | apply and (ii) the Director, in making
his determination |
| 17 | | with respect to the merger, consolidation, or other
|
| 18 | | acquisition of control, need not take into account the |
| 19 | | effect on
competition of the merger, consolidation, or |
| 20 | | other acquisition of control;
|
| 21 | | (3) the Director shall have the power to require the |
| 22 | | following
information:
|
| 23 | | (A) certification by an independent actuary of the |
| 24 | | adequacy
of the reserves of the Health Maintenance |
| 25 | | Organization sought to be acquired;
|
| 26 | | (B) pro forma financial statements reflecting the |
|
| | HB5501 | - 1409 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | combined balance
sheets of the acquiring company and |
| 2 | | the Health Maintenance Organization sought
to be |
| 3 | | acquired as of the end of the preceding year and as of |
| 4 | | a date 90 days
prior to the acquisition, as well as pro |
| 5 | | forma financial statements
reflecting projected |
| 6 | | combined operation for a period of 2 years;
|
| 7 | | (C) a pro forma business plan detailing an |
| 8 | | acquiring party's plans with
respect to the operation |
| 9 | | of the Health Maintenance Organization sought to
be |
| 10 | | acquired for a period of not less than 3 years; and
|
| 11 | | (D) such other information as the Director shall |
| 12 | | require.
|
| 13 | | (d) The provisions of Article VIII 1/2 of the Illinois |
| 14 | | Insurance Code
and this Section 5-3 shall apply to the sale by |
| 15 | | any health maintenance
organization of greater than 10% of its
|
| 16 | | enrollee population (including without limitation the health |
| 17 | | maintenance
organization's right, title, and interest in and |
| 18 | | to its health care
certificates).
|
| 19 | | (e) In considering any management contract or service |
| 20 | | agreement subject
to Section 141.1 of the Illinois Insurance |
| 21 | | Code, the Director (i) shall, in
addition to the criteria |
| 22 | | specified in Section 141.2 of the Illinois
Insurance Code, |
| 23 | | take into account the effect of the management contract or
|
| 24 | | service agreement on the continuation of benefits to enrollees |
| 25 | | and the
financial condition of the health maintenance |
| 26 | | organization to be managed or
serviced, and (ii) need not take |
|
| | HB5501 | - 1410 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | into account the effect of the management
contract or service |
| 2 | | agreement on competition.
|
| 3 | | (f) Except for small employer groups as defined in the |
| 4 | | Small Employer
Rating, Renewability and Portability Health |
| 5 | | Insurance Act and except for
medicare supplement policies as |
| 6 | | defined in Section 363 of the Illinois
Insurance Code, a |
| 7 | | Health Maintenance Organization may by contract agree with a
|
| 8 | | group or other enrollment unit to effect refunds or charge |
| 9 | | additional premiums
under the following terms and conditions:
|
| 10 | | (i) the amount of, and other terms and conditions with |
| 11 | | respect to, the
refund or additional premium are set forth |
| 12 | | in the group or enrollment unit
contract agreed in advance |
| 13 | | of the period for which a refund is to be paid or
|
| 14 | | additional premium is to be charged (which period shall |
| 15 | | not be less than one
year); and
|
| 16 | | (ii) the amount of the refund or additional premium |
| 17 | | shall not exceed 20%
of the Health Maintenance |
| 18 | | Organization's profitable or unprofitable experience
with |
| 19 | | respect to the group or other enrollment unit for the |
| 20 | | period (and, for
purposes of a refund or additional |
| 21 | | premium, the profitable or unprofitable
experience shall |
| 22 | | be calculated taking into account a pro rata share of the
|
| 23 | | Health Maintenance Organization's administrative and |
| 24 | | marketing expenses, but
shall not include any refund to be |
| 25 | | made or additional premium to be paid
pursuant to this |
| 26 | | subsection (f)). The Health Maintenance Organization and |
|
| | HB5501 | - 1411 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the
group or enrollment unit may agree that the profitable |
| 2 | | or unprofitable
experience may be calculated taking into |
| 3 | | account the refund period and the
immediately preceding 2 |
| 4 | | plan years.
|
| 5 | | The Health Maintenance Organization shall include a |
| 6 | | statement in the
evidence of coverage issued to each enrollee |
| 7 | | describing the possibility of a
refund or additional premium, |
| 8 | | and upon request of any group or enrollment unit,
provide to |
| 9 | | the group or enrollment unit a description of the method used |
| 10 | | to
calculate (1) the Health Maintenance Organization's |
| 11 | | profitable experience with
respect to the group or enrollment |
| 12 | | unit and the resulting refund to the group
or enrollment unit |
| 13 | | or (2) the Health Maintenance Organization's unprofitable
|
| 14 | | experience with respect to the group or enrollment unit and |
| 15 | | the resulting
additional premium to be paid by the group or |
| 16 | | enrollment unit.
|
| 17 | | In no event shall the Illinois Health Maintenance |
| 18 | | Organization
Guaranty Association be liable to pay any |
| 19 | | contractual obligation of an
insolvent organization to pay any |
| 20 | | refund authorized under this Section.
|
| 21 | | (g) Rulemaking authority to implement Public Act 95-1045, |
| 22 | | if any, is conditioned on the rules being adopted in |
| 23 | | accordance with all provisions of the Illinois Administrative |
| 24 | | Procedure Act and all rules and procedures of the Joint |
| 25 | | Committee on Administrative Rules; any purported rule not so |
| 26 | | adopted, for whatever reason, is unauthorized. |
|
| | HB5501 | - 1412 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; |
| 2 | | 101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff. |
| 3 | | 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, |
| 4 | | eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21; |
| 5 | | 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. |
| 6 | | 1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, |
| 7 | | eff. 10-8-21; revised 10-27-21.)
|
| 8 | | Section 440. The Limited Health Service Organization Act |
| 9 | | is amended by changing Section 4003 as follows:
|
| 10 | | (215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
|
| 11 | | Sec. 4003. Illinois Insurance Code provisions. Limited |
| 12 | | health service
organizations shall be subject to the |
| 13 | | provisions of Sections 133, 134, 136, 137, 139,
140, 141.1, |
| 14 | | 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, |
| 15 | | 154.5,
154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3, |
| 16 | | 355b, 356q, 356v, 356z.10, 356z.21, 356z.22, 356z.25, 356z.26, |
| 17 | | 356z.29, 356z.30a, 356z.32, 356z.33, 356z.41, 356z.46, |
| 18 | | 356z.47, 356z.51, 356z.43, 368a, 401, 401.1,
402,
403, 403A, |
| 19 | | 408,
408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII |
| 20 | | 1/2, XII, XII 1/2,
XIII,
XIII 1/2, XXV, and XXVI of the |
| 21 | | Illinois Insurance Code. For purposes of the
Illinois |
| 22 | | Insurance Code, except for Sections 444 and 444.1 and Articles |
| 23 | | XIII
and XIII 1/2, limited health service organizations in the |
| 24 | | following categories
are deemed to be domestic companies:
|
|
| | HB5501 | - 1413 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) a corporation under the laws of this State; or
|
| 2 | | (2) a corporation organized under the laws of another |
| 3 | | state, 30% or more
of the enrollees of which are residents |
| 4 | | of this State, except a corporation
subject to |
| 5 | | substantially the same requirements in its state of |
| 6 | | organization as
is a domestic company under Article VIII |
| 7 | | 1/2 of the Illinois Insurance Code.
|
| 8 | | (Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20; |
| 9 | | 101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. |
| 10 | | 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, |
| 11 | | eff. 1-1-22; revised 10-27-21.)
|
| 12 | | Section 445. The Voluntary Health Services Plans Act is |
| 13 | | amended by changing Section 10 as follows:
|
| 14 | | (215 ILCS 165/10) (from Ch. 32, par. 604)
|
| 15 | | Sec. 10. Application of Insurance Code provisions. Health |
| 16 | | services
plan corporations and all persons interested therein |
| 17 | | or dealing therewith
shall be subject to the provisions of |
| 18 | | Articles IIA and XII 1/2 and Sections
3.1, 133, 136, 139, 140, |
| 19 | | 143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, |
| 20 | | 356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v,
356w, |
| 21 | | 356x, 356y, 356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, |
| 22 | | 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, |
| 23 | | 356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, |
| 24 | | 356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, 356z.40, |
|
| | HB5501 | - 1414 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 356z.41, 356z.46, 356z.47, 356z.51, 356z.43, 364.01, 367.2, |
| 2 | | 368a, 401, 401.1,
402,
403, 403A, 408,
408.2, and 412, and |
| 3 | | paragraphs (7) and (15) of Section 367 of the Illinois
|
| 4 | | Insurance Code.
|
| 5 | | Rulemaking authority to implement Public Act 95-1045, if |
| 6 | | any, is conditioned on the rules being adopted in accordance |
| 7 | | with all provisions of the Illinois Administrative Procedure |
| 8 | | Act and all rules and procedures of the Joint Committee on |
| 9 | | Administrative Rules; any purported rule not so adopted, for |
| 10 | | whatever reason, is unauthorized. |
| 11 | | (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; |
| 12 | | 101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff. |
| 13 | | 1-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, |
| 14 | | eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; |
| 15 | | revised 10-27-21.)
|
| 16 | | Section 450. The Public Utilities Act is amended by |
| 17 | | changing Section 8-406 as follows:
|
| 18 | | (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406) |
| 19 | | Sec. 8-406. Certificate of public convenience and |
| 20 | | necessity. |
| 21 | | (a) No public utility not owning any city or village
|
| 22 | | franchise nor engaged in performing any public service or in |
| 23 | | furnishing any
product or commodity within this State as of |
| 24 | | July 1, 1921 and not
possessing a certificate of
public |
|
| | HB5501 | - 1415 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | convenience and necessity from the Illinois Commerce |
| 2 | | Commission,
the State Public Utilities Commission, or
the |
| 3 | | Public Utilities Commission, at the time Public Act 84-617 |
| 4 | | this amendatory Act of 1985 goes
into effect (January 1, |
| 5 | | 1986), shall transact any business in this State until it |
| 6 | | shall have
obtained a certificate from the Commission that |
| 7 | | public convenience and
necessity require the transaction of |
| 8 | | such business. A certificate of public convenience and |
| 9 | | necessity requiring the transaction of public utility business |
| 10 | | in any area of this State shall include authorization to the |
| 11 | | public utility receiving the certificate of public convenience |
| 12 | | and necessity to construct such plant, equipment, property, or |
| 13 | | facility as is provided for under the terms and conditions of |
| 14 | | its tariff and as is necessary to provide utility service and |
| 15 | | carry out the transaction of public utility business by the |
| 16 | | public utility in the designated area. |
| 17 | | (b) No public utility shall begin the construction of any |
| 18 | | new plant,
equipment, property, or facility which is not in |
| 19 | | substitution of any
existing plant, equipment, property, or |
| 20 | | facility, or any extension or
alteration thereof or in |
| 21 | | addition thereto,
unless and until it shall have obtained from |
| 22 | | the
Commission a certificate that public convenience and |
| 23 | | necessity require such
construction. Whenever after a hearing |
| 24 | | the Commission determines that any
new construction or the |
| 25 | | transaction of any business by a public utility will
promote |
| 26 | | the public convenience and is necessary thereto, it shall have |
|
| | HB5501 | - 1416 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the
power to issue certificates of public convenience and |
| 2 | | necessity. The
Commission shall determine that proposed |
| 3 | | construction will promote the
public convenience and necessity |
| 4 | | only if the utility demonstrates: (1) that the
proposed |
| 5 | | construction is necessary to provide adequate, reliable, and
|
| 6 | | efficient service to its customers and is the
least-cost means |
| 7 | | of
satisfying the service needs of its customers or that the |
| 8 | | proposed construction will promote the development of an |
| 9 | | effectively competitive electricity market that operates |
| 10 | | efficiently, is equitable to all customers, and is the least |
| 11 | | cost means of satisfying those objectives;
(2) that the |
| 12 | | utility is capable of efficiently managing and
supervising the |
| 13 | | construction process and has taken sufficient action to
ensure |
| 14 | | adequate and efficient construction and supervision thereof; |
| 15 | | and (3)
that the utility is capable of financing the proposed |
| 16 | | construction without
significant adverse financial |
| 17 | | consequences for the utility or its
customers. |
| 18 | | (b-5) As used in this subsection (b-5): |
| 19 | | "Qualifying direct current applicant" means an entity that |
| 20 | | seeks to provide direct current bulk transmission service for |
| 21 | | the purpose of transporting electric energy in interstate |
| 22 | | commerce. |
| 23 | | "Qualifying direct current project" means a high voltage |
| 24 | | direct current electric service line that crosses at least one |
| 25 | | Illinois border, the Illinois portion of which is physically |
| 26 | | located within the region of the Midcontinent Independent |
|
| | HB5501 | - 1417 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | System Operator, Inc., or its successor organization, and runs |
| 2 | | through the counties of Pike, Scott, Greene, Macoupin, |
| 3 | | Montgomery, Christian, Shelby, Cumberland, and Clark, is |
| 4 | | capable of transmitting electricity at voltages of 345 |
| 5 | | kilovolts 345kv or above, and may also include associated |
| 6 | | interconnected alternating current interconnection facilities |
| 7 | | in this State that are part of the proposed project and |
| 8 | | reasonably necessary to connect the project with other |
| 9 | | portions of the grid. |
| 10 | | Notwithstanding any other provision of this Act, a |
| 11 | | qualifying direct current applicant that does not own, |
| 12 | | control, operate, or manage, within this State, any plant, |
| 13 | | equipment, or property used or to be used for the transmission |
| 14 | | of electricity at the time of its application or of the |
| 15 | | Commission's order may file an application on or before |
| 16 | | December 31, 2023 with the Commission pursuant to this Section |
| 17 | | or Section 8-406.1 for, and the Commission may grant, a |
| 18 | | certificate of public convenience and necessity to construct, |
| 19 | | operate, and maintain a qualifying direct current project. The |
| 20 | | qualifying direct current applicant may also include in the |
| 21 | | application requests for authority under Section 8-503. The |
| 22 | | Commission shall grant the application for a certificate of |
| 23 | | public convenience and necessity and requests for authority |
| 24 | | under Section 8-503 if it finds that the qualifying direct |
| 25 | | current applicant and the proposed qualifying direct current |
| 26 | | project satisfy the requirements of this subsection and |
|
| | HB5501 | - 1418 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | otherwise satisfy the criteria of this Section or Section |
| 2 | | 8-406.1 and the criteria of Section 8-503, as applicable to |
| 3 | | the application and to the extent such criteria are not |
| 4 | | superseded by the provisions of this subsection. The |
| 5 | | Commission's order on the application for the certificate of |
| 6 | | public convenience and necessity shall also include the |
| 7 | | Commission's findings and determinations on the request or |
| 8 | | requests for authority pursuant to Section 8-503. Prior to |
| 9 | | filing its application under either this Section or Section |
| 10 | | 8-406.1, the qualifying direct current applicant shall conduct |
| 11 | | 3 public meetings in accordance with subsection (h) of this |
| 12 | | Section. If the qualifying direct current applicant |
| 13 | | demonstrates in its application that the proposed qualifying |
| 14 | | direct current project is designed to deliver electricity to a |
| 15 | | point or points on the electric transmission grid in either or |
| 16 | | both the PJM Interconnection, LLC or the Midcontinent |
| 17 | | Independent System Operator, Inc., or their respective |
| 18 | | successor organizations, the proposed qualifying direct |
| 19 | | current project shall be deemed to be, and the Commission |
| 20 | | shall find it to be, for public use. If the qualifying direct |
| 21 | | current applicant further demonstrates in its application that |
| 22 | | the proposed transmission project has a capacity of 1,000 |
| 23 | | megawatts or larger and a voltage level of 345 kilovolts or |
| 24 | | greater, the proposed transmission project shall be deemed to |
| 25 | | satisfy, and the Commission shall find that it satisfies, the |
| 26 | | criteria stated in item (1) of subsection (b) of this Section |
|
| | HB5501 | - 1419 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or in paragraph (1) of subsection (f) of Section 8-406.1, as |
| 2 | | applicable to the application, without the taking of |
| 3 | | additional evidence on these criteria. Prior to the transfer |
| 4 | | of functional control of any transmission assets to a regional |
| 5 | | transmission organization, a qualifying direct current |
| 6 | | applicant shall request Commission approval to join a regional |
| 7 | | transmission organization in an application filed pursuant to |
| 8 | | this subsection (b-5) or separately pursuant to Section 7-102 |
| 9 | | of this Act. The Commission may grant permission to a |
| 10 | | qualifying direct current applicant to join a regional |
| 11 | | transmission organization if it finds that the membership, and |
| 12 | | associated transfer of functional control of transmission |
| 13 | | assets, benefits Illinois customers in light of the attendant |
| 14 | | costs and is otherwise in the public interest. Nothing in this |
| 15 | | subsection (b-5) requires a qualifying direct current |
| 16 | | applicant to join a regional transmission organization. |
| 17 | | Nothing in this subsection (b-5) requires the owner or |
| 18 | | operator of a high voltage direct current transmission line |
| 19 | | that is not a qualifying direct current project to obtain a |
| 20 | | certificate of public convenience and necessity to the extent |
| 21 | | it is not otherwise required by this Section 8-406 or any other |
| 22 | | provision of this Act. |
| 23 | | (c) After September 11, 1987 (the effective date of Public |
| 24 | | Act 85-377) this amendatory Act of 1987, no
construction shall |
| 25 | | commence on any new nuclear
power plant to be located within |
| 26 | | this State, and no certificate of public
convenience and |
|
| | HB5501 | - 1420 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | necessity or other authorization shall be issued therefor
by |
| 2 | | the Commission, until the Director of the Illinois |
| 3 | | Environmental
Protection Agency finds that the United States |
| 4 | | Government, through its
authorized agency, has identified and |
| 5 | | approved a demonstrable technology or
means for the disposal |
| 6 | | of high level nuclear waste, or until such
construction has |
| 7 | | been specifically approved by a statute enacted by the General
|
| 8 | | Assembly. |
| 9 | | As used in this Section, "high level nuclear waste" means |
| 10 | | those aqueous
wastes resulting from the operation of the first |
| 11 | | cycle of the solvent
extraction system or equivalent and the |
| 12 | | concentrated wastes of the
subsequent extraction cycles or |
| 13 | | equivalent in a facility for reprocessing
irradiated reactor |
| 14 | | fuel and shall include spent fuel assemblies prior to
fuel |
| 15 | | reprocessing. |
| 16 | | (d) In making its determination under subsection (b) of |
| 17 | | this Section, the Commission shall attach primary
weight to |
| 18 | | the cost or cost savings to the customers of the utility. The
|
| 19 | | Commission may consider any or all factors which will or may |
| 20 | | affect such
cost or cost savings, including the public |
| 21 | | utility's engineering judgment regarding the materials used |
| 22 | | for construction. |
| 23 | | (e) The Commission may issue a temporary certificate which |
| 24 | | shall remain
in force not to exceed one year in cases of |
| 25 | | emergency, to assure maintenance
of adequate service or to |
| 26 | | serve particular customers, without notice or
hearing, pending |
|
| | HB5501 | - 1421 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the determination of an application for a certificate, and
may |
| 2 | | by regulation exempt from the requirements of this Section |
| 3 | | temporary
acts or operations for which the issuance of a |
| 4 | | certificate will not be
required in the public interest. |
| 5 | | A public utility shall not be required to obtain but may |
| 6 | | apply for and
obtain a certificate of public convenience and |
| 7 | | necessity pursuant to this
Section with respect to any matter |
| 8 | | as to which it has received the
authorization or order of the |
| 9 | | Commission under the Electric Supplier Act,
and any such |
| 10 | | authorization or order granted a public utility by the
|
| 11 | | Commission under that Act shall as between public utilities be |
| 12 | | deemed to
be, and shall have except as provided in that Act the |
| 13 | | same force and effect
as, a certificate of public convenience |
| 14 | | and necessity issued pursuant to this
Section. |
| 15 | | No electric cooperative shall be made or shall become a |
| 16 | | party to or shall
be entitled to be heard or to otherwise |
| 17 | | appear or participate in any
proceeding initiated under this |
| 18 | | Section for authorization of power plant
construction and as |
| 19 | | to matters as to which a remedy is available under the
Electric |
| 20 | | Supplier Act. |
| 21 | | (f) Such certificates may be altered or modified by the |
| 22 | | Commission, upon
its own motion or upon application by the |
| 23 | | person or corporation affected.
Unless exercised within a |
| 24 | | period of 2 years from the grant thereof,
authority conferred |
| 25 | | by a certificate of convenience and necessity issued by
the |
| 26 | | Commission shall be null and void. |
|
| | HB5501 | - 1422 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | No certificate of public convenience and necessity shall |
| 2 | | be construed as
granting a monopoly or an exclusive privilege, |
| 3 | | immunity or franchise. |
| 4 | | (g) A public utility that undertakes any of the actions |
| 5 | | described in items (1) through (3) of this subsection (g) or |
| 6 | | that has obtained approval pursuant to Section 8-406.1 of this |
| 7 | | Act shall not be required to comply with the requirements of |
| 8 | | this Section to the extent such requirements otherwise would |
| 9 | | apply. For purposes of this Section and Section 8-406.1 of |
| 10 | | this Act, "high voltage electric service line" means an |
| 11 | | electric line having a design voltage of 100,000 or more. For |
| 12 | | purposes of this subsection (g), a public utility may do any of |
| 13 | | the following: |
| 14 | | (1) replace or upgrade any existing high voltage |
| 15 | | electric service line and related facilities, |
| 16 | | notwithstanding its length; |
| 17 | | (2) relocate any existing high voltage electric |
| 18 | | service line and related facilities, notwithstanding its |
| 19 | | length, to accommodate construction or expansion of a |
| 20 | | roadway or other transportation infrastructure; or |
| 21 | | (3) construct a high voltage electric service line and |
| 22 | | related facilities that is constructed solely to serve a |
| 23 | | single customer's premises or to provide a generator |
| 24 | | interconnection to the public utility's transmission |
| 25 | | system and that will pass under or over the premises owned |
| 26 | | by the customer or generator to be served or under or over |
|
| | HB5501 | - 1423 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | premises for which the customer or generator has secured |
| 2 | | the necessary right of way. |
| 3 | | (h) A public utility seeking to construct a high-voltage |
| 4 | | electric service line and related facilities (Project) must |
| 5 | | show that the utility has held a minimum of 2 pre-filing public |
| 6 | | meetings to receive public comment concerning the Project in |
| 7 | | each county where the Project is to be located, no earlier than |
| 8 | | 6 months prior to filing an application for a certificate of |
| 9 | | public convenience and necessity from the Commission. Notice |
| 10 | | of the public meeting shall be published in a newspaper of |
| 11 | | general circulation within the affected county once a week for |
| 12 | | 3 consecutive weeks, beginning no earlier than one month prior |
| 13 | | to the first public meeting. If the Project traverses 2 |
| 14 | | contiguous counties and where in one county the transmission |
| 15 | | line mileage and number of landowners over whose property the |
| 16 | | proposed route traverses is one-fifth or less of the |
| 17 | | transmission line mileage and number of such landowners of the |
| 18 | | other county, then the utility may combine the 2 pre-filing |
| 19 | | meetings in the county with the greater transmission line |
| 20 | | mileage and affected landowners. All other requirements |
| 21 | | regarding pre-filing meetings shall apply in both counties. |
| 22 | | Notice of the public meeting, including a description of the |
| 23 | | Project, must be provided in writing to the clerk of each |
| 24 | | county where the Project is to be located. A representative of |
| 25 | | the Commission shall be invited to each pre-filing public |
| 26 | | meeting. |
|
| | HB5501 | - 1424 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (i) For applications filed after August 18, 2015 (the |
| 2 | | effective date of Public Act 99-399) this amendatory Act of |
| 3 | | the 99th General Assembly, the Commission shall by registered |
| 4 | | mail notify each owner of record of land, as identified in the |
| 5 | | records of the relevant county tax assessor, included in the |
| 6 | | right-of-way over which the utility seeks in its application |
| 7 | | to construct a high-voltage electric line of the time and |
| 8 | | place scheduled for the initial hearing on the public |
| 9 | | utility's application. The utility shall reimburse the |
| 10 | | Commission for the cost of the postage and supplies incurred |
| 11 | | for mailing the notice. |
| 12 | | (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21; |
| 13 | | revised 10-21-21.)
|
| 14 | | Section 455. The Health Care Worker Background Check Act |
| 15 | | is amended by changing Section 15 as follows:
|
| 16 | | (225 ILCS 46/15)
|
| 17 | | Sec. 15. Definitions. In this Act:
|
| 18 | | "Applicant" means an individual enrolling in a training |
| 19 | | program, seeking employment, whether paid or on a volunteer |
| 20 | | basis, with a health care
employer who has received a bona fide |
| 21 | | conditional offer of employment.
|
| 22 | | "Conditional offer of employment" means a bona fide offer |
| 23 | | of employment by a
health care employer to an applicant, which |
| 24 | | is contingent upon the receipt of a
report from the Department |
|
| | HB5501 | - 1425 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of Public Health indicating that the applicant does
not have a |
| 2 | | record of conviction of any of the criminal offenses |
| 3 | | enumerated in
Section 25.
|
| 4 | | "Department" means the Department of Public Health. |
| 5 | | "Direct care" means the provision of nursing care or |
| 6 | | assistance with feeding,
dressing, movement, bathing, |
| 7 | | toileting, or other personal needs, including home services as |
| 8 | | defined in the Home Health, Home Services, and Home Nursing |
| 9 | | Agency Licensing Act. The entity
responsible for inspecting |
| 10 | | and licensing, certifying, or registering the
health care |
| 11 | | employer may, by administrative rule, prescribe guidelines for
|
| 12 | | interpreting this definition with regard to the health care |
| 13 | | employers that it
licenses.
|
| 14 | | "Director" means the Director of Public Health. |
| 15 | | "Disqualifying offenses" means those offenses set forth in |
| 16 | | Section 25 of this Act. |
| 17 | | "Employee" means any individual hired, employed, or |
| 18 | | retained, whether paid or on a volunteer basis, to which this |
| 19 | | Act applies. |
| 20 | | "Finding" means the Department's determination of whether |
| 21 | | an allegation is verified and substantiated. |
| 22 | | "Fingerprint-based criminal history records check" means a |
| 23 | | livescan fingerprint-based criminal history records check |
| 24 | | submitted as a fee applicant inquiry in the form and manner |
| 25 | | prescribed by the Illinois State Police.
|
| 26 | | "Health care employer" means:
|
|
| | HB5501 | - 1427 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Chicago;
|
| 2 | | (xiii) programs funded by the Department on Aging |
| 3 | | through the Community
Care Program;
|
| 4 | | (xiv) programs certified to participate in the |
| 5 | | Supportive Living Program
authorized pursuant to |
| 6 | | Section 5-5.01a of the Illinois Public Aid Code;
|
| 7 | | (xv) programs listed by the Emergency Medical |
| 8 | | Services (EMS) Systems Act
as
Freestanding Emergency |
| 9 | | Centers;
|
| 10 | | (xvi) locations licensed under the Alternative |
| 11 | | Health Care Delivery
Act;
|
| 12 | | (2) a day training program certified by the Department |
| 13 | | of Human Services;
|
| 14 | | (3) a community integrated living arrangement operated |
| 15 | | by a community
mental health and developmental service |
| 16 | | agency, as defined in the
Community-Integrated Living |
| 17 | | Arrangements Licensure Licensing and Certification Act;
|
| 18 | | (4) the State Long Term Care Ombudsman Program, |
| 19 | | including any regional long term care ombudsman programs |
| 20 | | under Section 4.04 of the Illinois Act on the Aging, only |
| 21 | | for the purpose of securing background checks; or
|
| 22 | | (5) the Department of Corrections or a third-party |
| 23 | | vendor employing certified nursing assistants working with |
| 24 | | the Department of Corrections. |
| 25 | | "Initiate" means obtaining from
a student, applicant, or |
| 26 | | employee his or her social security number, demographics, a |
|
| | HB5501 | - 1428 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | disclosure statement, and an authorization for the Department |
| 2 | | of Public Health or its designee to request a |
| 3 | | fingerprint-based criminal history records check; transmitting |
| 4 | | this information electronically to the Department of Public |
| 5 | | Health; conducting Internet searches on certain web sites, |
| 6 | | including without limitation the Illinois Sex Offender |
| 7 | | Registry, the Department of Corrections' Sex Offender Search |
| 8 | | Engine, the Department of Corrections' Inmate Search Engine, |
| 9 | | the Department of Corrections Wanted Fugitives Search Engine, |
| 10 | | the National Sex Offender Public Registry, and the List of |
| 11 | | Excluded Individuals and Entities database on the website of |
| 12 | | the Health and Human Services Office of Inspector General to |
| 13 | | determine if the applicant has been adjudicated a sex |
| 14 | | offender, has been a prison inmate, or has committed Medicare |
| 15 | | or Medicaid fraud, or conducting similar searches as defined |
| 16 | | by rule; and having the student, applicant, or employee's |
| 17 | | fingerprints collected and transmitted electronically to the |
| 18 | | Illinois State Police.
|
| 19 | | "Livescan vendor" means an entity whose equipment has been |
| 20 | | certified by the Illinois State Police to collect an |
| 21 | | individual's demographics and inkless fingerprints and, in a |
| 22 | | manner prescribed by the Illinois State Police and the |
| 23 | | Department of Public Health, electronically transmit the |
| 24 | | fingerprints and required data to the Illinois State Police |
| 25 | | and a daily file of required data to the Department of Public |
| 26 | | Health. The Department of Public Health shall negotiate a |
|
| | HB5501 | - 1429 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | contract with one or more vendors that effectively demonstrate |
| 2 | | that the vendor has 2 or more years of experience transmitting |
| 3 | | fingerprints electronically to the Illinois State Police and |
| 4 | | that the vendor can successfully transmit the required data in |
| 5 | | a manner prescribed by the Department of Public Health. Vendor |
| 6 | | authorization may be further defined by administrative rule.
|
| 7 | | "Long-term care facility" means a facility licensed by the |
| 8 | | State or certified under federal law as a long-term care |
| 9 | | facility, including without limitation facilities licensed |
| 10 | | under the Nursing Home Care Act, the Specialized Mental Health |
| 11 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
| 12 | | the MC/DD Act, a supportive living facility, an assisted |
| 13 | | living establishment, or a shared housing establishment or |
| 14 | | registered as a board and care home.
|
| 15 | | "Resident" means a person, individual, or patient under |
| 16 | | the direct care of a health care employer or who has been |
| 17 | | provided goods or services by a health care employer. |
| 18 | | (Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21; |
| 19 | | 102-503, eff. 8-20-21; 102-538, eff. 8-20-21; revised |
| 20 | | 10-5-21.)
|
| 21 | | Section 460. The Massage Licensing Act is amended by |
| 22 | | changing Section 15 as follows:
|
| 23 | | (225 ILCS 57/15)
|
| 24 | | (Section scheduled to be repealed on January 1, 2027)
|
|
| | HB5501 | - 1430 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 15. Licensure requirements.
|
| 2 | | (a) Persons
engaged in massage for
compensation
must be |
| 3 | | licensed by the Department. The Department shall issue a |
| 4 | | license to
an individual who meets all of the following |
| 5 | | requirements:
|
| 6 | | (1) The applicant has applied in writing on the |
| 7 | | prescribed forms and has
paid the
required fees.
|
| 8 | | (2) The applicant is at least 18 years of age and of |
| 9 | | good moral character.
In
determining good
moral character, |
| 10 | | the Department may take into consideration
conviction of |
| 11 | | any crime under the laws of the United States or any state |
| 12 | | or
territory
thereof that is a felony or a misdemeanor or |
| 13 | | any crime that is directly related
to the practice of the |
| 14 | | profession.
Such a conviction shall not operate |
| 15 | | automatically as a complete
bar to a license,
except in |
| 16 | | the case of any conviction for prostitution, rape, or |
| 17 | | sexual
misconduct,
or where the applicant is a registered |
| 18 | | sex offender.
|
| 19 | | (3) The applicant has successfully completed a massage |
| 20 | | therapy program approved by the Department that requires
a |
| 21 | | minimum
of 500 hours, except applicants applying on or |
| 22 | | after January 1, 2014 shall meet a minimum requirement of |
| 23 | | 600 hours,
and has
passed a
competency examination
|
| 24 | | approved by the Department.
|
| 25 | | (b) Each applicant for licensure as a massage therapist |
| 26 | | shall have his or her fingerprints submitted to the Illinois |
|
| | HB5501 | - 1431 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | State Police in an electronic format that complies with the |
| 2 | | form and manner for requesting and furnishing criminal history |
| 3 | | record information as prescribed by the Illinois State Police. |
| 4 | | These fingerprints shall be checked against the Illinois State |
| 5 | | Police and Federal Bureau of Investigation criminal history |
| 6 | | record databases now and hereafter filed. The Illinois State |
| 7 | | Police shall charge applicants a fee for conducting the |
| 8 | | criminal history records check, which shall be deposited into |
| 9 | | the State Police Services Fund and shall not exceed the actual |
| 10 | | cost of the records check. The Illinois State Police shall |
| 11 | | furnish, pursuant to positive identification, records of |
| 12 | | Illinois convictions to the Department. The Department may |
| 13 | | require applicants to pay a separate fingerprinting fee, |
| 14 | | either to the Department or to a vendor. The Department, in its |
| 15 | | discretion, may allow an applicant who does not have |
| 16 | | reasonable access to a designated vendor to provide his or her |
| 17 | | fingerprints in an alternative manner. The Department may |
| 18 | | adopt any rules necessary to implement this Section.
|
| 19 | | (Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 20 | | revised 10-5-21.)
|
| 21 | | Section 465. The Medical Practice Act of 1987 is amended |
| 22 | | by changing Sections 7 and 22 as follows:
|
| 23 | | (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
|
| 24 | | (Section scheduled to be repealed on January 1, 2023)
|
|
| | HB5501 | - 1432 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 7. Medical Disciplinary Board.
|
| 2 | | (A) There is hereby created the Illinois
State Medical |
| 3 | | Disciplinary Board. The Disciplinary Board shall
consist of 11 |
| 4 | | members, to be appointed by the Governor by and
with the advice |
| 5 | | and consent of the Senate. All members shall be
residents of |
| 6 | | the State, not more than 6 of whom shall be
members of the same |
| 7 | | political party. All members shall be voting members. Five |
| 8 | | members shall be
physicians licensed to practice medicine in |
| 9 | | all of its
branches in Illinois possessing the degree of |
| 10 | | doctor of
medicine. One member shall be a physician licensed |
| 11 | | to practice medicine in all its branches in Illinois |
| 12 | | possessing the degree of doctor of osteopathy or osteopathic |
| 13 | | medicine. One member shall be a chiropractic physician |
| 14 | | licensed to practice in Illinois and possessing the degree of |
| 15 | | doctor of chiropractic. Four members shall be members of the |
| 16 | | public, who shall not
be engaged in any way, directly or |
| 17 | | indirectly, as providers
of health care.
|
| 18 | | (B) Members of the Disciplinary Board shall be appointed
|
| 19 | | for terms of 4 years. Upon the expiration of the term of
any |
| 20 | | member, his or her successor shall be appointed for a term of
4 |
| 21 | | years by the Governor by and with the advice and
consent of the |
| 22 | | Senate. The Governor shall fill any vacancy
for the remainder |
| 23 | | of the unexpired term with the
advice and consent of the |
| 24 | | Senate. Upon recommendation of
the Board, any member of the |
| 25 | | Disciplinary Board may be
removed by the Governor for |
| 26 | | misfeasance, malfeasance, or willful
neglect of duty, after |
|
| | HB5501 | - 1433 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | notice, and a public hearing,
unless such notice and hearing |
| 2 | | shall be expressly waived in
writing. Each member shall serve |
| 3 | | on the Disciplinary Board
until their successor is appointed |
| 4 | | and qualified. No member
of the Disciplinary Board shall serve |
| 5 | | more than 2
consecutive 4 year terms.
|
| 6 | | In making appointments the Governor shall attempt to
|
| 7 | | insure that the various social and geographic regions of the
|
| 8 | | State of Illinois are properly represented.
|
| 9 | | In making the designation of persons to act for the
|
| 10 | | several professions represented on the Disciplinary Board,
the |
| 11 | | Governor shall give due consideration to recommendations
by |
| 12 | | members of the respective professions and by
organizations |
| 13 | | therein.
|
| 14 | | (C) The Disciplinary Board shall annually elect one of
its |
| 15 | | voting members as chairperson and one as vice
chairperson. No |
| 16 | | officer shall be elected more than twice
in succession to the |
| 17 | | same office. Each officer shall serve
until their successor |
| 18 | | has been elected and qualified.
|
| 19 | | (D) (Blank).
|
| 20 | | (E) Six voting members of the Disciplinary Board, at least |
| 21 | | 4 of whom are physicians,
shall constitute a quorum. A vacancy |
| 22 | | in the membership of
the Disciplinary Board shall not impair |
| 23 | | the right of a
quorum to exercise all the rights and perform |
| 24 | | all the duties
of the Disciplinary Board. Any action taken by |
| 25 | | the
Disciplinary Board under this Act may be authorized by
|
| 26 | | resolution at any regular or special meeting and each such
|
|
| | HB5501 | - 1434 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | resolution shall take effect immediately. The Disciplinary
|
| 2 | | Board shall meet at least quarterly.
|
| 3 | | (F) Each member, and member-officer, of the
Disciplinary |
| 4 | | Board shall receive a per diem stipend
as the
Secretary shall |
| 5 | | determine. Each member shall be paid their necessary
expenses |
| 6 | | while engaged in the performance of their duties.
|
| 7 | | (G) The Secretary shall select a Chief Medical
Coordinator |
| 8 | | and not less than 2 Deputy Medical Coordinators
who shall not
|
| 9 | | be members of the Disciplinary Board. Each medical
coordinator |
| 10 | | shall be a physician licensed to practice
medicine in all of |
| 11 | | its branches, and the Secretary shall set
their rates of |
| 12 | | compensation. The Secretary shall assign at least
one
medical
|
| 13 | | coordinator to
a region composed of Cook County and
such other |
| 14 | | counties as the Secretary may deem appropriate,
and such |
| 15 | | medical coordinator or coordinators shall locate their office |
| 16 | | in
Chicago. The Secretary shall assign at least one medical
|
| 17 | | coordinator to a region composed of the balance of counties
in |
| 18 | | the State, and such medical coordinator or coordinators shall |
| 19 | | locate
their office in Springfield. The Chief Medical |
| 20 | | Coordinator shall be the chief enforcement officer of this |
| 21 | | Act. None of the functions, powers, or duties of the |
| 22 | | Department with respect to policies regarding enforcement or |
| 23 | | discipline under this Act, including the adoption of such |
| 24 | | rules as may be necessary for the administration of this Act, |
| 25 | | shall be exercised by the Department except upon review of the |
| 26 | | Disciplinary Board.
|
|
| | HB5501 | - 1435 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The Secretary shall employ, in conformity with the
|
| 2 | | Personnel Code, investigators who are college graduates with |
| 3 | | at least 2
years of investigative experience or one year of |
| 4 | | advanced medical
education. Upon the written request of the |
| 5 | | Disciplinary
Board, the Secretary shall employ, in conformity |
| 6 | | with the
Personnel Code, such other professional, technical,
|
| 7 | | investigative, and clerical help, either on a full or
|
| 8 | | part-time basis as the Disciplinary Board deems necessary
for |
| 9 | | the proper performance of its duties.
|
| 10 | | (H) Upon the specific request of the Disciplinary
Board, |
| 11 | | signed by either the chairperson, vice chairperson, or a
|
| 12 | | medical coordinator of the Disciplinary Board, the
Department |
| 13 | | of Human Services, the Department of Healthcare and Family |
| 14 | | Services, the
Illinois State Police, or any other law |
| 15 | | enforcement agency located in this State shall make available |
| 16 | | any and all
information that they have in their possession |
| 17 | | regarding a
particular case then under investigation by the |
| 18 | | Disciplinary
Board.
|
| 19 | | (I) Members of the Disciplinary Board shall be immune
from |
| 20 | | suit in any action based upon any disciplinary
proceedings or |
| 21 | | other acts performed in good faith as members
of the |
| 22 | | Disciplinary Board.
|
| 23 | | (J) The Disciplinary Board may compile and establish a
|
| 24 | | statewide roster of physicians and other medical
|
| 25 | | professionals, including the several medical specialties, of
|
| 26 | | such physicians and medical professionals, who have agreed
to |
|
| | HB5501 | - 1436 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | serve from time to time as advisors to the medical
|
| 2 | | coordinators. Such advisors shall assist the medical
|
| 3 | | coordinators or the Disciplinary Board in their investigations |
| 4 | | and participation in
complaints against physicians. Such |
| 5 | | advisors shall serve
under contract and shall be reimbursed at |
| 6 | | a reasonable rate for the services
provided, plus reasonable |
| 7 | | expenses incurred.
While serving in this capacity, the |
| 8 | | advisor, for any act
undertaken in good faith and in the |
| 9 | | conduct of his or her duties
under this Section, shall be |
| 10 | | immune from civil suit.
|
| 11 | | (K) This Section is inoperative when a majority of the |
| 12 | | Medical Board is appointed. This Section is repealed January |
| 13 | | 1, 2023 (one year after the effective date of Public Act |
| 14 | | 102-20) this amendatory Act of the 102nd General Assembly. |
| 15 | | (Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 16 | | revised 10-20-21.)
|
| 17 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
|
| 18 | | (Section scheduled to be repealed on January 1, 2027)
|
| 19 | | Sec. 22. Disciplinary action.
|
| 20 | | (A) The Department may revoke, suspend, place on |
| 21 | | probation, reprimand, refuse to issue or renew, or take any |
| 22 | | other disciplinary or non-disciplinary action as the |
| 23 | | Department may deem proper
with regard to the license or |
| 24 | | permit of any person issued
under this Act, including imposing |
| 25 | | fines not to exceed $10,000 for each violation, upon any of the |
|
| | HB5501 | - 1437 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | following grounds:
|
| 2 | | (1) (Blank).
|
| 3 | | (2) (Blank).
|
| 4 | | (3) A plea of guilty or nolo contendere, finding of |
| 5 | | guilt, jury verdict, or entry of judgment or sentencing, |
| 6 | | including, but not limited to, convictions, preceding |
| 7 | | sentences of supervision, conditional discharge, or first |
| 8 | | offender probation, under the laws of any jurisdiction of |
| 9 | | the United States of any crime that is a felony.
|
| 10 | | (4) Gross negligence in practice under this Act.
|
| 11 | | (5) Engaging in dishonorable, unethical, or |
| 12 | | unprofessional
conduct of a
character likely to deceive, |
| 13 | | defraud or harm the public.
|
| 14 | | (6) Obtaining any fee by fraud, deceit, or
|
| 15 | | misrepresentation.
|
| 16 | | (7) Habitual or excessive use or abuse of drugs |
| 17 | | defined in law
as
controlled substances, of alcohol, or of |
| 18 | | any other substances which results in
the inability to |
| 19 | | practice with reasonable judgment, skill, or safety.
|
| 20 | | (8) Practicing under a false or, except as provided by |
| 21 | | law, an
assumed
name.
|
| 22 | | (9) 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 | | (10) Making a false or misleading statement regarding |
| 26 | | their
skill or the
efficacy or value of the medicine, |
|
| | HB5501 | - 1438 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | treatment, or remedy prescribed by them at
their direction |
| 2 | | in the treatment of any disease or other condition of the |
| 3 | | body
or mind.
|
| 4 | | (11) Allowing another person or organization to use |
| 5 | | their
license, procured
under this Act, to practice.
|
| 6 | | (12) Adverse action taken by another state or |
| 7 | | jurisdiction
against a license
or other authorization to |
| 8 | | practice as a medical doctor, doctor of osteopathy,
doctor |
| 9 | | of osteopathic medicine or
doctor of chiropractic, a |
| 10 | | certified copy of the record of the action taken by
the |
| 11 | | other state or jurisdiction being prima facie evidence |
| 12 | | thereof. This includes any adverse action taken by a State |
| 13 | | or federal agency that prohibits a medical doctor, doctor |
| 14 | | of osteopathy, doctor of osteopathic medicine, or doctor |
| 15 | | of chiropractic from providing services to the agency's |
| 16 | | participants.
|
| 17 | | (13) Violation of any provision of this Act or of the |
| 18 | | Medical
Practice Act
prior to the repeal of that Act, or |
| 19 | | violation of the rules, or a final
administrative action |
| 20 | | of the Secretary, after consideration of the
|
| 21 | | recommendation of the Medical Board.
|
| 22 | | (14) Violation of the prohibition against fee |
| 23 | | splitting in Section 22.2 of this Act.
|
| 24 | | (15) A finding by the Medical Board that the
|
| 25 | | registrant after
having his or her license placed on |
| 26 | | probationary status or subjected to
conditions or |
|
| | HB5501 | - 1439 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | restrictions violated the terms of the probation or failed |
| 2 | | to
comply with such terms or conditions.
|
| 3 | | (16) Abandonment of a patient.
|
| 4 | | (17) Prescribing, selling, administering, |
| 5 | | distributing, giving,
or
self-administering any drug |
| 6 | | classified as a controlled substance (designated
product) |
| 7 | | or narcotic for other than medically accepted therapeutic
|
| 8 | | purposes.
|
| 9 | | (18) Promotion of the sale of drugs, devices, |
| 10 | | appliances, or
goods provided
for a patient in such manner |
| 11 | | as to exploit the patient for financial gain of
the |
| 12 | | physician.
|
| 13 | | (19) Offering, undertaking, or agreeing to cure or |
| 14 | | treat
disease by a secret
method, procedure, treatment, or |
| 15 | | medicine, or the treating, operating, or
prescribing for |
| 16 | | any human condition by a method, means, or procedure which |
| 17 | | the
licensee refuses to divulge upon demand of the |
| 18 | | Department.
|
| 19 | | (20) Immoral conduct in the commission of any act |
| 20 | | including,
but not limited to, commission of an act of |
| 21 | | sexual misconduct related to the
licensee's
practice.
|
| 22 | | (21) Willfully making or filing false records or |
| 23 | | reports in his
or her
practice as a physician, including, |
| 24 | | but not limited to, false records to
support claims |
| 25 | | against the medical assistance program of the Department |
| 26 | | of Healthcare and Family Services (formerly Department of
|
|
| | HB5501 | - 1440 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Public Aid)
under the Illinois Public Aid Code.
|
| 2 | | (22) Willful omission to file or record, or willfully |
| 3 | | impeding
the filing or
recording, or inducing another |
| 4 | | person to omit to file or record, medical
reports as |
| 5 | | required by law, or willfully failing to report an |
| 6 | | instance of
suspected abuse or neglect as required by law.
|
| 7 | | (23) Being named as a perpetrator in an indicated |
| 8 | | report by
the Department
of Children and Family Services |
| 9 | | under the Abused and Neglected Child Reporting
Act, and |
| 10 | | upon proof by clear and convincing evidence that the |
| 11 | | licensee has
caused a child to be an abused child or |
| 12 | | neglected child as defined in the
Abused and Neglected |
| 13 | | Child Reporting Act.
|
| 14 | | (24) Solicitation of professional patronage by any
|
| 15 | | corporation, agents or
persons, or profiting from those |
| 16 | | representing themselves to be agents of the
licensee.
|
| 17 | | (25) Gross and willful and continued overcharging for
|
| 18 | | professional services,
including filing false statements |
| 19 | | for collection of fees for which services are
not |
| 20 | | rendered, including, but not limited to, filing such false |
| 21 | | statements for
collection of monies for services not |
| 22 | | rendered from the medical assistance
program of the |
| 23 | | Department of Healthcare and Family Services (formerly |
| 24 | | Department of Public Aid)
under the Illinois Public Aid
|
| 25 | | Code.
|
| 26 | | (26) A pattern of practice or other behavior which
|
|
| | HB5501 | - 1441 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | demonstrates
incapacity
or incompetence to practice under |
| 2 | | this Act.
|
| 3 | | (27) Mental illness or disability which results in the
|
| 4 | | inability to
practice under this Act with reasonable |
| 5 | | judgment, skill, or safety.
|
| 6 | | (28) Physical illness, including, but not limited to,
|
| 7 | | deterioration through
the aging process, or loss of motor |
| 8 | | skill which results in a physician's
inability to practice |
| 9 | | under this Act with reasonable judgment, skill, or
safety.
|
| 10 | | (29) Cheating on or attempting attempt to subvert the |
| 11 | | licensing
examinations
administered under this Act.
|
| 12 | | (30) Willfully or negligently violating the |
| 13 | | confidentiality
between
physician and patient except as |
| 14 | | required by law.
|
| 15 | | (31) The use of any false, fraudulent, or deceptive |
| 16 | | statement
in any
document connected with practice under |
| 17 | | this Act.
|
| 18 | | (32) Aiding and abetting an individual not licensed |
| 19 | | under this
Act in the
practice of a profession licensed |
| 20 | | under this Act.
|
| 21 | | (33) Violating state or federal laws or regulations |
| 22 | | relating
to controlled
substances, legend
drugs, or |
| 23 | | ephedra as defined in the Ephedra Prohibition Act.
|
| 24 | | (34) Failure to report to the Department any adverse |
| 25 | | final
action taken
against them by another licensing |
| 26 | | jurisdiction (any other state or any
territory of the |
|
| | HB5501 | - 1442 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | United States or any foreign state or country), by any |
| 2 | | peer
review body, by any health care institution, by any |
| 3 | | professional society or
association related to practice |
| 4 | | under this Act, by any governmental agency, by
any law |
| 5 | | enforcement agency, or by any court for acts or conduct |
| 6 | | similar to acts
or conduct which would constitute grounds |
| 7 | | for action as defined in this
Section.
|
| 8 | | (35) Failure to report to the Department surrender of |
| 9 | | a
license or
authorization to practice as a medical |
| 10 | | doctor, a doctor of osteopathy, a
doctor of osteopathic |
| 11 | | medicine, or doctor
of chiropractic in another state or |
| 12 | | jurisdiction, or surrender of membership on
any medical |
| 13 | | staff or in any medical or professional association or |
| 14 | | society,
while under disciplinary investigation by any of |
| 15 | | those authorities or bodies,
for acts or conduct similar |
| 16 | | to acts or conduct which would constitute grounds
for |
| 17 | | action as defined in this Section.
|
| 18 | | (36) Failure to report to the Department any adverse |
| 19 | | judgment,
settlement,
or award arising from a liability |
| 20 | | claim related to acts or conduct similar to
acts or |
| 21 | | conduct which would constitute grounds for action as |
| 22 | | defined in this
Section.
|
| 23 | | (37) Failure to provide copies of medical records as |
| 24 | | required
by law.
|
| 25 | | (38) Failure to furnish the Department, its |
| 26 | | investigators or
representatives, relevant information, |
|
| | HB5501 | - 1444 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | self-neglect of an eligible adult as defined in and |
| 2 | | required by the Adult Protective Services Act. |
| 3 | | (48) Being named as an abuser in a verified report by |
| 4 | | the Department on Aging under the Adult Protective |
| 5 | | Services Act, and upon proof by clear and convincing |
| 6 | | evidence that the licensee abused, neglected, or |
| 7 | | financially exploited an eligible adult as defined in the |
| 8 | | Adult Protective Services Act. |
| 9 | | (49) Entering into an excessive number of written |
| 10 | | collaborative agreements with licensed physician |
| 11 | | assistants resulting in an inability to adequately |
| 12 | | collaborate. |
| 13 | | (50) Repeated failure to adequately collaborate with a |
| 14 | | physician assistant. |
| 15 | | Except
for actions involving the ground numbered (26), all |
| 16 | | proceedings to suspend,
revoke, place on probationary status, |
| 17 | | or take any
other disciplinary action as the Department may |
| 18 | | deem proper, with regard to a
license on any of the foregoing |
| 19 | | grounds, must be commenced within 5 years next
after receipt |
| 20 | | by the Department of a complaint alleging the commission of or
|
| 21 | | notice of the conviction order for any of the acts described |
| 22 | | herein. Except
for the grounds numbered (8), (9), (26), and |
| 23 | | (29), no action shall be commenced more
than 10 years after the |
| 24 | | date of the incident or act alleged to have violated
this |
| 25 | | Section. For actions involving the ground numbered (26), a |
| 26 | | pattern of practice or other behavior includes all incidents |
|
| | HB5501 | - 1445 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | alleged to be part of the pattern of practice or other behavior |
| 2 | | that occurred, or a report pursuant to Section 23 of this Act |
| 3 | | received, within the 10-year period preceding the filing of |
| 4 | | the complaint. In the event of the settlement of any claim or |
| 5 | | cause of action
in favor of the claimant or the reduction to |
| 6 | | final judgment of any civil action
in favor of the plaintiff, |
| 7 | | such claim, cause of action, or civil action being
grounded on |
| 8 | | the allegation that a person licensed under this Act was |
| 9 | | negligent
in providing care, the Department shall have an |
| 10 | | additional period of 2 years
from the date of notification to |
| 11 | | the Department under Section 23 of this Act
of such settlement |
| 12 | | or final judgment in which to investigate and
commence formal |
| 13 | | disciplinary proceedings under Section 36 of this Act, except
|
| 14 | | as otherwise provided by law. The time during which the holder |
| 15 | | of the license
was outside the State of Illinois shall not be |
| 16 | | included within any period of
time limiting the commencement |
| 17 | | of disciplinary action by the Department.
|
| 18 | | The entry of an order or judgment by any circuit court |
| 19 | | establishing that any
person holding a license under this Act |
| 20 | | is a person in need of mental treatment
operates as a |
| 21 | | suspension of that license. That person may resume his or her
|
| 22 | | practice only upon the entry of a Departmental order based |
| 23 | | upon a finding by
the Medical Board that the person has been |
| 24 | | determined to be recovered
from mental illness by the court |
| 25 | | and upon the Medical Board's
recommendation that the person be |
| 26 | | permitted to resume his or her practice.
|
|
| | HB5501 | - 1446 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The Department may refuse to issue or take disciplinary |
| 2 | | action concerning the license of any person
who fails to file a |
| 3 | | return, or to pay the tax, penalty, or interest shown in a
|
| 4 | | filed return, or to pay any final assessment of tax, penalty, |
| 5 | | or interest, as
required by any tax Act administered by the |
| 6 | | Illinois Department of Revenue,
until such time as the |
| 7 | | requirements of any such tax Act are satisfied as
determined |
| 8 | | by the Illinois Department of Revenue.
|
| 9 | | The Department, upon the recommendation of the Medical |
| 10 | | Board, shall
adopt rules which set forth standards to be used |
| 11 | | in determining:
|
| 12 | | (a) when a person will be deemed sufficiently |
| 13 | | rehabilitated to warrant the
public trust;
|
| 14 | | (b) what constitutes dishonorable, unethical, or |
| 15 | | unprofessional conduct of
a character likely to deceive, |
| 16 | | defraud, or harm the public;
|
| 17 | | (c) what constitutes immoral conduct in the commission |
| 18 | | of any act,
including, but not limited to, commission of |
| 19 | | an act of sexual misconduct
related
to the licensee's |
| 20 | | practice; and
|
| 21 | | (d) what constitutes gross negligence in the practice |
| 22 | | of medicine.
|
| 23 | | However, no such rule shall be admissible into evidence in |
| 24 | | any civil action
except for review of a licensing or other |
| 25 | | disciplinary action under this Act.
|
| 26 | | In enforcing this Section, the Medical Board,
upon a |
|
| | HB5501 | - 1447 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | showing of a possible violation, may compel any individual who |
| 2 | | is licensed to
practice under this Act or holds a permit to |
| 3 | | practice under this Act, or any individual who has applied for |
| 4 | | licensure or a permit
pursuant to this Act, to submit to a |
| 5 | | mental or physical examination and evaluation, or both,
which |
| 6 | | may include a substance abuse or sexual offender evaluation, |
| 7 | | as required by the Medical Board and at the expense of the |
| 8 | | Department. The Medical Board shall specifically designate the |
| 9 | | examining physician licensed to practice medicine in all of |
| 10 | | its branches or, if applicable, the multidisciplinary team |
| 11 | | involved in providing the mental or physical examination and |
| 12 | | evaluation, or both. The multidisciplinary team shall be led |
| 13 | | by a physician licensed to practice medicine in all of its |
| 14 | | branches and may consist of one or more or a combination of |
| 15 | | physicians licensed to practice medicine in all of its |
| 16 | | branches, licensed chiropractic physicians, licensed clinical |
| 17 | | psychologists, licensed clinical social workers, licensed |
| 18 | | clinical professional counselors, and other professional and |
| 19 | | administrative staff. Any examining physician or member of the |
| 20 | | multidisciplinary team may require any person ordered to |
| 21 | | submit to an examination and evaluation pursuant to this |
| 22 | | Section to submit to any additional supplemental testing |
| 23 | | deemed necessary to complete any examination or evaluation |
| 24 | | process, including, but not limited to, blood testing, |
| 25 | | urinalysis, psychological testing, or neuropsychological |
| 26 | | testing.
The Medical Board or the Department may order the |
|
| | HB5501 | - 1448 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | examining
physician or any member of the multidisciplinary |
| 2 | | team to provide to the Department or the Medical Board any and |
| 3 | | all records, including business records, that relate to the |
| 4 | | examination and evaluation, including any supplemental testing |
| 5 | | performed. The Medical Board or the Department may order the |
| 6 | | examining physician or any member of the multidisciplinary |
| 7 | | team to present testimony concerning this examination
and |
| 8 | | evaluation of the licensee, permit holder, or applicant, |
| 9 | | including testimony concerning any supplemental testing or |
| 10 | | documents relating to the examination and evaluation. No |
| 11 | | information, report, record, or other documents in any way |
| 12 | | related to the examination and evaluation shall be excluded by |
| 13 | | reason of
any common
law or statutory privilege relating to |
| 14 | | communication between the licensee, permit holder, or
|
| 15 | | applicant and
the examining physician or any member of the |
| 16 | | multidisciplinary team.
No authorization is necessary from the |
| 17 | | licensee, permit holder, or applicant ordered to undergo an |
| 18 | | evaluation and examination for the examining physician or any |
| 19 | | member of the multidisciplinary team to provide information, |
| 20 | | reports, records, or other documents or to provide any |
| 21 | | testimony regarding the examination and evaluation. The |
| 22 | | individual to be examined may have, at his or her own expense, |
| 23 | | another
physician of his or her choice present during all |
| 24 | | aspects of the examination.
Failure of any individual to |
| 25 | | submit to mental or physical examination and evaluation, or |
| 26 | | both, when
directed, shall result in an automatic suspension, |
|
| | HB5501 | - 1449 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | without hearing, until such time
as the individual submits to |
| 2 | | the examination. If the Medical Board finds a physician unable
|
| 3 | | to practice following an examination and evaluation because of |
| 4 | | the reasons set forth in this Section, the Medical Board shall |
| 5 | | require such physician to submit to care, counseling, or |
| 6 | | treatment
by physicians, or other health care professionals, |
| 7 | | approved or designated by the Medical Board, as a condition
|
| 8 | | for issued, continued, reinstated, or renewed licensure to |
| 9 | | practice. Any physician,
whose license was granted pursuant to |
| 10 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, |
| 11 | | renewed, disciplined or supervised, subject to such
terms, |
| 12 | | conditions, or restrictions who shall fail to comply with such |
| 13 | | terms,
conditions, or restrictions, or to complete a required |
| 14 | | program of care,
counseling, or treatment, as determined by |
| 15 | | the Chief Medical Coordinator or
Deputy Medical Coordinators, |
| 16 | | shall be referred to the Secretary for a
determination as to |
| 17 | | whether the licensee shall have his or her license suspended
|
| 18 | | immediately, pending a hearing by the Medical Board. In |
| 19 | | instances in
which the Secretary immediately suspends a |
| 20 | | license under this Section, a hearing
upon such person's |
| 21 | | license must be convened by the Medical Board within 15
days |
| 22 | | after such suspension and completed without appreciable delay. |
| 23 | | The Medical
Board shall have the authority to review the |
| 24 | | subject physician's
record of treatment and counseling |
| 25 | | regarding the impairment, to the extent
permitted by |
| 26 | | applicable federal statutes and regulations safeguarding the
|
|
| | HB5501 | - 1450 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | confidentiality of medical records.
|
| 2 | | An individual licensed under this Act, affected under this |
| 3 | | Section, shall be
afforded an opportunity to demonstrate to |
| 4 | | the Medical Board that he or she can
resume practice in |
| 5 | | compliance with acceptable and prevailing standards under
the |
| 6 | | provisions of his or her license.
|
| 7 | | The Department may promulgate rules for the imposition of |
| 8 | | fines in
disciplinary cases, not to exceed
$10,000 for each |
| 9 | | violation of this Act. Fines
may be imposed in conjunction |
| 10 | | with other forms of disciplinary action, but
shall not be the |
| 11 | | exclusive disposition of any disciplinary action arising out
|
| 12 | | of conduct resulting in death or injury to a patient. Any funds |
| 13 | | collected from
such fines shall be deposited in the Illinois |
| 14 | | State Medical Disciplinary Fund.
|
| 15 | | All fines imposed under this Section shall be paid within |
| 16 | | 60 days after the effective date of the order imposing the fine |
| 17 | | or in accordance with the terms set forth in the order imposing |
| 18 | | the fine. |
| 19 | | (B) The Department shall revoke the license or
permit |
| 20 | | issued under this Act to practice medicine or a chiropractic |
| 21 | | physician who
has been convicted a second time of committing |
| 22 | | any felony under the
Illinois Controlled Substances Act or the |
| 23 | | Methamphetamine Control and Community Protection Act, or who |
| 24 | | has been convicted a second time of
committing a Class 1 felony |
| 25 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A |
| 26 | | person whose license or permit is revoked
under
this |
|
| | HB5501 | - 1451 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | subsection B shall be prohibited from practicing
medicine or |
| 2 | | treating human ailments without the use of drugs and without
|
| 3 | | operative surgery.
|
| 4 | | (C) The Department shall not revoke, suspend, place on |
| 5 | | probation, reprimand, refuse to issue or renew, or take any |
| 6 | | other disciplinary or non-disciplinary action against the |
| 7 | | license or permit issued under this Act to practice medicine |
| 8 | | to a physician: |
| 9 | | (1) based solely upon the recommendation of the |
| 10 | | physician to an eligible patient regarding, or |
| 11 | | prescription for, or treatment with, an investigational |
| 12 | | drug, biological product, or device; or |
| 13 | | (2) for experimental treatment for Lyme disease or |
| 14 | | other tick-borne diseases, including, but not limited to, |
| 15 | | the prescription of or treatment with long-term |
| 16 | | antibiotics. |
| 17 | | (D) The Medical Board shall recommend to the
Department |
| 18 | | civil
penalties and any other appropriate discipline in |
| 19 | | disciplinary cases when the Medical
Board finds that a |
| 20 | | physician willfully performed an abortion with actual
|
| 21 | | knowledge that the person upon whom the abortion has been |
| 22 | | performed is a minor
or an incompetent person without notice |
| 23 | | as required under the Parental Notice
of Abortion Act of 1995. |
| 24 | | Upon the Medical Board's recommendation, the Department shall
|
| 25 | | impose, for the first violation, a civil penalty of $1,000 and |
| 26 | | for a second or
subsequent violation, a civil penalty of |
|
| | HB5501 | - 1452 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | $5,000.
|
| 2 | | (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; |
| 3 | | 101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff. |
| 4 | | 8-20-21; revised 12-2-21.)
|
| 5 | | Section 470. The Pharmacy Practice Act is amended by |
| 6 | | changing Sections 3 and 4 and by setting forth and renumbering |
| 7 | | multiple
versions of Section 43 as follows:
|
| 8 | | (225 ILCS 85/3)
|
| 9 | | (Section scheduled to be repealed on January 1, 2023)
|
| 10 | | Sec. 3. Definitions. For the purpose of this Act, except |
| 11 | | where otherwise
limited therein:
|
| 12 | | (a) "Pharmacy" or "drugstore" means and includes every |
| 13 | | store, shop,
pharmacy department, or other place where |
| 14 | | pharmacist
care is
provided
by a pharmacist (1) where drugs, |
| 15 | | medicines, or poisons are
dispensed, sold or
offered for sale |
| 16 | | at retail, or displayed for sale at retail; or
(2)
where
|
| 17 | | prescriptions of physicians, dentists, advanced practice |
| 18 | | registered nurses, physician assistants, veterinarians, |
| 19 | | podiatric physicians, or
optometrists, within the limits of |
| 20 | | their
licenses, are
compounded, filled, or dispensed; or (3) |
| 21 | | which has upon it or
displayed within
it, or affixed to or used |
| 22 | | in connection with it, a sign bearing the word or
words |
| 23 | | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", |
| 24 | | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", |
|
| | HB5501 | - 1453 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Drugs", "Dispensary", "Medicines", or any word
or words of |
| 2 | | similar or like import, either in the English language
or any |
| 3 | | other language; or (4) where the characteristic prescription
|
| 4 | | sign (Rx) or similar design is exhibited; or (5) any store, or
|
| 5 | | shop,
or other place with respect to which any of the above |
| 6 | | words, objects,
signs or designs are used in any |
| 7 | | advertisement.
|
| 8 | | (b) "Drugs" means and includes (1) articles recognized
in |
| 9 | | the official United States Pharmacopoeia/National Formulary |
| 10 | | (USP/NF),
or any supplement thereto and being intended for and |
| 11 | | having for their
main use the diagnosis, cure, mitigation, |
| 12 | | treatment or prevention of
disease in man or other animals, as |
| 13 | | approved by the United States Food and
Drug Administration, |
| 14 | | but does not include devices or their components, parts,
or |
| 15 | | accessories; and (2) all other articles intended
for and |
| 16 | | having for their main use the diagnosis, cure, mitigation,
|
| 17 | | treatment or prevention of disease in man or other animals, as |
| 18 | | approved
by the United States Food and Drug Administration, |
| 19 | | but does not include
devices or their components, parts, or |
| 20 | | accessories; and (3) articles
(other than food) having for |
| 21 | | their main use and intended
to affect the structure or any |
| 22 | | function of the body of man or other
animals; and (4) articles |
| 23 | | having for their main use and intended
for use as a component |
| 24 | | or any articles specified in clause (1), (2)
or (3); but does |
| 25 | | not include devices or their components, parts or
accessories.
|
| 26 | | (c) "Medicines" means and includes all drugs intended for
|
|
| | HB5501 | - 1454 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | human or veterinary use approved by the United States Food and |
| 2 | | Drug
Administration.
|
| 3 | | (d) "Practice of pharmacy" means: |
| 4 | | (1) the interpretation and the provision of assistance |
| 5 | | in the monitoring, evaluation, and implementation of |
| 6 | | prescription drug orders; |
| 7 | | (2) the dispensing of prescription drug orders; |
| 8 | | (3) participation in drug and device selection; |
| 9 | | (4) drug administration limited to the administration |
| 10 | | of oral, topical, injectable, and inhalation as follows: |
| 11 | | (A) in the context of patient education on the |
| 12 | | proper use or delivery of medications; |
| 13 | | (B) vaccination of patients 7 years of age and |
| 14 | | older pursuant to a valid prescription or standing |
| 15 | | order, by a physician licensed to practice medicine in |
| 16 | | all its branches, upon completion of appropriate |
| 17 | | training, including how to address contraindications |
| 18 | | and adverse reactions set forth by rule, with |
| 19 | | notification to the patient's physician and |
| 20 | | appropriate record retention, or pursuant to hospital |
| 21 | | pharmacy and therapeutics committee policies and |
| 22 | | procedures. Eligible vaccines are those listed on the |
| 23 | | U.S. Centers for Disease Control and Prevention (CDC) |
| 24 | | Recommended Immunization Schedule, the CDC's Health |
| 25 | | Information for International Travel, or the U.S. Food |
| 26 | | and Drug Administration's Vaccines Licensed and |
|
| | HB5501 | - 1455 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Authorized for Use in the United States. As applicable |
| 2 | | to the State's Medicaid program and other payers, |
| 3 | | vaccines ordered and administered in accordance with |
| 4 | | this subsection shall be covered and reimbursed at no |
| 5 | | less than the rate that the vaccine is reimbursed when |
| 6 | | ordered and administered by a physician; |
| 7 | | (B-5) following the initial administration of |
| 8 | | long-acting or extended-release form opioid |
| 9 | | antagonists by a physician licensed to practice |
| 10 | | medicine in all its branches, administration of |
| 11 | | injections of long-acting or extended-release form |
| 12 | | opioid antagonists for the treatment of substance use |
| 13 | | disorder, pursuant to a valid prescription by a |
| 14 | | physician licensed to practice medicine in all its |
| 15 | | branches, upon completion of appropriate training, |
| 16 | | including how to address contraindications and adverse |
| 17 | | reactions, including, but not limited to, respiratory |
| 18 | | depression and the performance of cardiopulmonary |
| 19 | | resuscitation, set forth by rule, with notification to |
| 20 | | the patient's physician and appropriate record |
| 21 | | retention, or pursuant to hospital pharmacy and |
| 22 | | therapeutics committee policies and procedures; |
| 23 | | (C) administration of injections of |
| 24 | | alpha-hydroxyprogesterone caproate, pursuant to a |
| 25 | | valid prescription, by a physician licensed to |
| 26 | | practice medicine in all its branches, upon completion |
|
| | HB5501 | - 1457 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (12) the responsibility for compounding and labeling |
| 2 | | of drugs and devices (except labeling by a manufacturer, |
| 3 | | repackager, or distributor of non-prescription drugs and |
| 4 | | commercially packaged legend drugs and devices), proper |
| 5 | | and safe storage of drugs and devices, and maintenance of |
| 6 | | required records; and |
| 7 | | (13) the assessment and consultation of patients and |
| 8 | | dispensing of hormonal contraceptives. |
| 9 | | A pharmacist who performs any of the acts defined as the |
| 10 | | practice of pharmacy in this State must be actively licensed |
| 11 | | as a pharmacist under this Act.
|
| 12 | | (e) "Prescription" means and includes any written, oral, |
| 13 | | facsimile, or
electronically transmitted order for drugs
or |
| 14 | | medical devices, issued by a physician licensed to practice |
| 15 | | medicine in
all its branches, dentist, veterinarian, podiatric |
| 16 | | physician, or
optometrist, within the
limits of his or her |
| 17 | | license, by a physician assistant in accordance with
|
| 18 | | subsection (f) of Section 4, or by an advanced practice |
| 19 | | registered nurse in
accordance with subsection (g) of Section |
| 20 | | 4, containing the
following: (1) name
of the patient; (2) date |
| 21 | | when prescription was issued; (3) name
and strength of drug or |
| 22 | | description of the medical device prescribed;
and (4) |
| 23 | | quantity; (5) directions for use; (6) prescriber's name,
|
| 24 | | address,
and signature; and (7) DEA registration number where |
| 25 | | required, for controlled
substances.
The prescription may, but |
| 26 | | is not required to, list the illness, disease, or condition |
|
| | HB5501 | - 1458 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for which the drug or device is being prescribed. DEA |
| 2 | | registration numbers shall not be required on inpatient drug |
| 3 | | orders. A prescription for medication other than controlled |
| 4 | | substances shall be valid for up to 15 months from the date |
| 5 | | issued for the purpose of refills, unless the prescription |
| 6 | | states otherwise.
|
| 7 | | (f) "Person" means and includes a natural person, |
| 8 | | partnership,
association, corporation, government entity, or |
| 9 | | any other legal
entity.
|
| 10 | | (g) "Department" means the Department of Financial and
|
| 11 | | Professional Regulation.
|
| 12 | | (h) "Board of Pharmacy" or "Board" means the State Board
|
| 13 | | of Pharmacy of the Department of Financial and Professional |
| 14 | | Regulation.
|
| 15 | | (i) "Secretary"
means the Secretary
of Financial and |
| 16 | | Professional Regulation.
|
| 17 | | (j) "Drug product selection" means the interchange for a
|
| 18 | | prescribed pharmaceutical product in accordance with Section |
| 19 | | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and |
| 20 | | Cosmetic Act.
|
| 21 | | (k) "Inpatient drug order" means an order issued by an |
| 22 | | authorized
prescriber for a resident or patient of a facility |
| 23 | | licensed under the
Nursing Home Care Act, the ID/DD Community |
| 24 | | Care Act, the MC/DD Act, the Specialized Mental Health |
| 25 | | Rehabilitation Act of 2013, the Hospital Licensing Act, or the |
| 26 | | University of Illinois Hospital Act, or a facility which is |
|
| | HB5501 | - 1459 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | operated by the Department of Human
Services (as successor to |
| 2 | | the Department of Mental Health
and Developmental |
| 3 | | Disabilities) or the Department of Corrections.
|
| 4 | | (k-5) "Pharmacist" means an individual health care |
| 5 | | professional and
provider currently licensed by this State to |
| 6 | | engage in the practice of
pharmacy.
|
| 7 | | (l) "Pharmacist in charge" means the licensed pharmacist |
| 8 | | whose name appears
on a pharmacy license and who is |
| 9 | | responsible for all aspects of the
operation related to the |
| 10 | | practice of pharmacy.
|
| 11 | | (m) "Dispense" or "dispensing" means the interpretation, |
| 12 | | evaluation, and implementation of a prescription drug order, |
| 13 | | including the preparation and delivery of a drug or device to a |
| 14 | | patient or patient's agent in a suitable container |
| 15 | | appropriately labeled for subsequent administration to or use |
| 16 | | by a patient in accordance with applicable State and federal |
| 17 | | laws and regulations.
"Dispense" or "dispensing" does not mean |
| 18 | | the physical delivery to a patient or a
patient's |
| 19 | | representative in a home or institution by a designee of a |
| 20 | | pharmacist
or by common carrier. "Dispense" or "dispensing" |
| 21 | | also does not mean the physical delivery
of a drug or medical |
| 22 | | device to a patient or patient's representative by a
|
| 23 | | pharmacist's designee within a pharmacy or drugstore while the |
| 24 | | pharmacist is
on duty and the pharmacy is open.
|
| 25 | | (n) "Nonresident pharmacy"
means a pharmacy that is |
| 26 | | located in a state, commonwealth, or territory
of the United |
|
| | HB5501 | - 1460 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | States, other than Illinois, that delivers, dispenses, or
|
| 2 | | distributes, through the United States Postal Service, |
| 3 | | commercially acceptable parcel delivery service, or other |
| 4 | | common
carrier, to Illinois residents, any substance which |
| 5 | | requires a prescription.
|
| 6 | | (o) "Compounding" means the preparation and mixing of |
| 7 | | components, excluding flavorings, (1) as the result of a |
| 8 | | prescriber's prescription drug order or initiative based on |
| 9 | | the prescriber-patient-pharmacist relationship in the course |
| 10 | | of professional practice or (2) for the purpose of, or |
| 11 | | incident to, research, teaching, or chemical analysis and not |
| 12 | | for sale or dispensing. "Compounding" includes the preparation |
| 13 | | of drugs or devices in anticipation of receiving prescription |
| 14 | | drug orders based on routine, regularly observed dispensing |
| 15 | | patterns. Commercially available products may be compounded |
| 16 | | for dispensing to individual patients only if all of the |
| 17 | | following conditions are met: (i) the commercial product is |
| 18 | | not reasonably available from normal distribution channels in |
| 19 | | a timely manner to meet the patient's needs and (ii) the |
| 20 | | prescribing practitioner has requested that the drug be |
| 21 | | compounded.
|
| 22 | | (p) (Blank).
|
| 23 | | (q) (Blank).
|
| 24 | | (r) "Patient counseling" means the communication between a |
| 25 | | pharmacist or a student pharmacist under the supervision of a |
| 26 | | pharmacist and a patient or the patient's representative about |
|
| | HB5501 | - 1461 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the patient's medication or device for the purpose of |
| 2 | | optimizing proper use of prescription medications or devices. |
| 3 | | "Patient counseling" may include without limitation (1) |
| 4 | | obtaining a medication history; (2) acquiring a patient's |
| 5 | | allergies and health conditions; (3) facilitation of the |
| 6 | | patient's understanding of the intended use of the medication; |
| 7 | | (4) proper directions for use; (5) significant potential |
| 8 | | adverse events; (6) potential food-drug interactions; and (7) |
| 9 | | the need to be compliant with the medication therapy. A |
| 10 | | pharmacy technician may only participate in the following |
| 11 | | aspects of patient counseling under the supervision of a |
| 12 | | pharmacist: (1) obtaining medication history; (2) providing |
| 13 | | the offer for counseling by a pharmacist or student |
| 14 | | pharmacist; and (3) acquiring a patient's allergies and health |
| 15 | | conditions.
|
| 16 | | (s) "Patient profiles" or "patient drug therapy record" |
| 17 | | means the
obtaining, recording, and maintenance of patient |
| 18 | | prescription
information, including prescriptions for |
| 19 | | controlled substances, and
personal information.
|
| 20 | | (t) (Blank).
|
| 21 | | (u) "Medical device" or "device" means an instrument, |
| 22 | | apparatus, implement, machine,
contrivance, implant, in vitro |
| 23 | | reagent, or other similar or related article,
including any |
| 24 | | component part or accessory, required under federal law to
|
| 25 | | bear the label "Caution: Federal law requires dispensing by or |
| 26 | | on the order
of a physician". A seller of goods and services |
|
| | HB5501 | - 1462 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | who, only for the purpose of
retail sales, compounds, sells, |
| 2 | | rents, or leases medical devices shall not,
by reasons |
| 3 | | thereof, be required to be a licensed pharmacy.
|
| 4 | | (v) "Unique identifier" means an electronic signature, |
| 5 | | handwritten
signature or initials, thumb print, or other |
| 6 | | acceptable biometric
or electronic identification process as |
| 7 | | approved by the Department.
|
| 8 | | (w) "Current usual and customary retail price" means the |
| 9 | | price that a pharmacy charges to a non-third-party payor.
|
| 10 | | (x) "Automated pharmacy system" means a mechanical system |
| 11 | | located within the confines of the pharmacy or remote location |
| 12 | | that performs operations or activities, other than compounding |
| 13 | | or administration, relative to storage, packaging, dispensing, |
| 14 | | or distribution of medication, and which collects, controls, |
| 15 | | and maintains all transaction information. |
| 16 | | (y) "Drug regimen review" means and includes the |
| 17 | | evaluation of prescription drug orders and patient records for |
| 18 | | (1)
known allergies; (2) drug or potential therapy |
| 19 | | contraindications;
(3) reasonable dose, duration of use, and |
| 20 | | route of administration, taking into consideration factors |
| 21 | | such as age, gender, and contraindications; (4) reasonable |
| 22 | | directions for use; (5) potential or actual adverse drug |
| 23 | | reactions; (6) drug-drug interactions; (7) drug-food |
| 24 | | interactions; (8) drug-disease contraindications; (9) |
| 25 | | therapeutic duplication; (10) patient laboratory values when |
| 26 | | authorized and available; (11) proper utilization (including |
|
| | HB5501 | - 1463 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | over or under utilization) and optimum therapeutic outcomes; |
| 2 | | and (12) abuse and misuse.
|
| 3 | | (z) "Electronically transmitted prescription" means a |
| 4 | | prescription that is created, recorded, or stored by |
| 5 | | electronic means; issued and validated with an electronic |
| 6 | | signature; and transmitted by electronic means directly from |
| 7 | | the prescriber to a pharmacy. An electronic prescription is |
| 8 | | not an image of a physical prescription that is transferred by |
| 9 | | electronic means from computer to computer, facsimile to |
| 10 | | facsimile, or facsimile to computer.
|
| 11 | | (aa) "Medication therapy management services" means a |
| 12 | | distinct service or group of services offered by licensed |
| 13 | | pharmacists, physicians licensed to practice medicine in all |
| 14 | | its branches, advanced practice registered nurses authorized |
| 15 | | in a written agreement with a physician licensed to practice |
| 16 | | medicine in all its branches, or physician assistants |
| 17 | | authorized in guidelines by a supervising physician that |
| 18 | | optimize therapeutic outcomes for individual patients through |
| 19 | | improved medication use. In a retail or other non-hospital |
| 20 | | pharmacy, medication therapy management services shall consist |
| 21 | | of the evaluation of prescription drug orders and patient |
| 22 | | medication records to resolve conflicts with the following: |
| 23 | | (1) known allergies; |
| 24 | | (2) drug or potential therapy contraindications; |
| 25 | | (3) reasonable dose, duration of use, and route of |
| 26 | | administration, taking into consideration factors such as |
|
| | HB5501 | - 1466 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | individually identifiable health information found in: |
| 2 | | (1) education records covered by the federal Family |
| 3 | | Educational Right and Privacy Act; or |
| 4 | | (2) employment records held by a licensee in its role |
| 5 | | as an employer. |
| 6 | | (dd) "Standing order" means a specific order for a patient |
| 7 | | or group of patients issued by a physician licensed to |
| 8 | | practice medicine in all its branches in Illinois. |
| 9 | | (ee) "Address of record" means the designated address |
| 10 | | recorded by the Department in the applicant's application file |
| 11 | | or licensee's license file maintained by the Department's |
| 12 | | licensure maintenance unit. |
| 13 | | (ff) "Home pharmacy" means the location of a pharmacy's |
| 14 | | primary operations.
|
| 15 | | (gg) "Email address of record" means the designated email |
| 16 | | address recorded by the Department in the applicant's |
| 17 | | application file or the licensee's license file, as maintained |
| 18 | | by the Department's licensure maintenance unit. |
| 19 | | (Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21; |
| 20 | | 102-103, eff. 1-1-22; 102-558, eff. 8-20-21; revised |
| 21 | | 10-26-21.)
|
| 22 | | (225 ILCS 85/4) (from Ch. 111, par. 4124)
|
| 23 | | (Section scheduled to be repealed on January 1, 2023)
|
| 24 | | Sec. 4. Exemptions. Nothing contained in any Section of |
| 25 | | this Act shall
apply
to, or in any manner interfere with:
|
|
| | HB5501 | - 1467 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a) the lawful practice of any physician licensed to |
| 2 | | practice medicine in
all of its branches, dentist, |
| 3 | | podiatric physician,
veterinarian, or therapeutically or |
| 4 | | diagnostically certified optometrist within
the limits of
|
| 5 | | his or her license, or prevent him or her from
supplying to |
| 6 | | his
or her
bona fide patients
such drugs, medicines, or |
| 7 | | poisons as may seem to him appropriate;
|
| 8 | | (b) the sale of compressed gases;
|
| 9 | | (c) the sale of patent or proprietary medicines and |
| 10 | | household remedies
when sold in original and unbroken |
| 11 | | packages only, if such patent or
proprietary medicines and |
| 12 | | household remedies be properly and adequately
labeled as |
| 13 | | to content and usage and generally considered and accepted
|
| 14 | | as harmless and nonpoisonous when used according to the |
| 15 | | directions
on the label, and also do not contain opium or |
| 16 | | coca leaves, or any
compound, salt or derivative thereof, |
| 17 | | or any drug which, according
to the latest editions of the |
| 18 | | following authoritative pharmaceutical
treatises and |
| 19 | | standards, namely, The United States |
| 20 | | Pharmacopoeia/National
Formulary (USP/NF), the United |
| 21 | | States Dispensatory, and the Accepted
Dental Remedies of |
| 22 | | the Council of Dental Therapeutics of the American
Dental |
| 23 | | Association or any or either of them, in use on the |
| 24 | | effective
date of this Act, or according to the existing |
| 25 | | provisions of the Federal
Food, Drug, and Cosmetic Act and |
| 26 | | Regulations of the Department of Health
and Human |
|
| | HB5501 | - 1468 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Services, Food and Drug Administration, promulgated |
| 2 | | thereunder
now in effect, is designated, described or |
| 3 | | considered as a narcotic,
hypnotic, habit forming, |
| 4 | | dangerous, or poisonous drug;
|
| 5 | | (d) the sale of poultry and livestock remedies in |
| 6 | | original and unbroken
packages only, labeled for poultry |
| 7 | | and livestock medication;
|
| 8 | | (e) the sale of poisonous substances or mixture of |
| 9 | | poisonous substances,
in unbroken packages, for |
| 10 | | nonmedicinal use in the arts or industries
or for |
| 11 | | insecticide purposes; provided, they are properly and |
| 12 | | adequately
labeled as to content and such nonmedicinal |
| 13 | | usage, in conformity
with the provisions of all applicable |
| 14 | | federal, state and local laws
and regulations promulgated |
| 15 | | thereunder now in effect relating thereto
and governing |
| 16 | | the same, and those which are required under such |
| 17 | | applicable
laws and regulations to be labeled with the |
| 18 | | word "Poison", are also labeled
with the word "Poison" |
| 19 | | printed
thereon in prominent type and the name of a |
| 20 | | readily obtainable antidote
with directions for its |
| 21 | | administration;
|
| 22 | | (f) the delegation of limited prescriptive authority |
| 23 | | by a physician
licensed to
practice medicine in all its |
| 24 | | branches to a physician assistant
under Section 7.5 of the |
| 25 | | Physician Assistant Practice Act of 1987. This
delegated |
| 26 | | authority under Section 7.5 of the Physician Assistant |
|
| | HB5501 | - 1469 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Practice Act of 1987 may, but is not required to, include |
| 2 | | prescription of
controlled substances, as defined in |
| 3 | | Article II of the
Illinois Controlled Substances Act, in |
| 4 | | accordance with a written supervision agreement;
|
| 5 | | (g) the delegation of prescriptive authority by a |
| 6 | | physician
licensed to practice medicine in all its |
| 7 | | branches or a licensed podiatric physician to an advanced |
| 8 | | practice
registered nurse in accordance with a written |
| 9 | | collaborative
agreement under Sections 65-35 and 65-40 of |
| 10 | | the Nurse Practice Act; |
| 11 | | (g-5) the donation or acceptance, or the packaging,
|
| 12 | | repackaging, or labeling, of drugs to the
extent permitted |
| 13 | | under the Illinois Drug Reuse Opportunity Program Act; and
|
| 14 | | (h) the sale or distribution of dialysate or devices |
| 15 | | necessary to perform home peritoneal renal dialysis for |
| 16 | | patients with end-stage renal disease, provided that all |
| 17 | | of the following conditions are met: |
| 18 | | (1) the dialysate, comprised of dextrose or |
| 19 | | icodextrin, or devices are approved or cleared by the |
| 20 | | federal Food and Drug Administration, as required by |
| 21 | | federal law; |
| 22 | | (2) the dialysate or devices are lawfully held by |
| 23 | | a manufacturer or the manufacturer's agent, which is |
| 24 | | properly registered with the Board as a manufacturer, |
| 25 | | third-party logistics provider, or wholesaler; |
| 26 | | (3) the dialysate or devices are held and |
|
| | HB5501 | - 1470 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | delivered to the manufacturer or the manufacturer's |
| 2 | | agent in the original, sealed packaging from the |
| 3 | | manufacturing facility; |
| 4 | | (4) the dialysate or devices are delivered only |
| 5 | | upon receipt of a physician's prescription by a |
| 6 | | licensed pharmacy in which the prescription is |
| 7 | | processed in accordance with provisions set forth in |
| 8 | | this Act, and the transmittal of an order from the |
| 9 | | licensed pharmacy to the manufacturer or the |
| 10 | | manufacturer's agent; and |
| 11 | | (5) the manufacturer or the manufacturer's agent |
| 12 | | delivers the dialysate or devices directly to: (i) a |
| 13 | | patient with end-stage renal disease, or his or her |
| 14 | | designee, for the patient's self-administration of the |
| 15 | | dialysis therapy or (ii) a health care provider or |
| 16 | | institution for administration or delivery of the |
| 17 | | dialysis therapy to a patient with end-stage renal |
| 18 | | disease. |
| 19 | | This paragraph (h) does not include any other drugs |
| 20 | | for peritoneal dialysis, except dialysate, as described in |
| 21 | | item (1) of this paragraph (h). All records of sales and |
| 22 | | distribution of dialysate to patients made pursuant to |
| 23 | | this paragraph (h) must be retained in accordance with |
| 24 | | Section 18 of this Act. A student pharmacist or licensed |
| 25 | | pharmacy technician engaged in remote prescription |
| 26 | | processing under Section 25.10 of this Act at a licensed |
|
| | HB5501 | - 1471 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pharmacy described in item (4) of this paragraph (h) shall |
| 2 | | be permitted to access an employer pharmacy's database |
| 3 | | from his or her home or other remote location while under |
| 4 | | the supervision of a pharmacist for the purpose of |
| 5 | | performing certain prescription processing functions, |
| 6 | | provided that the pharmacy establishes controls to protect |
| 7 | | the privacy and security of confidential records. |
| 8 | | (Source: P.A. 101-420, eff. 8-16-19; 102-84, eff. 7-9-21; |
| 9 | | 102-389, eff. 1-1-22; revised 10-8-21.)
|
| 10 | | (225 ILCS 85/43) |
| 11 | | (Section scheduled to be repealed on January 1, 2023) |
| 12 | | Sec. 43. Dispensation of hormonal contraceptives. |
| 13 | | (a) The dispensing of hormonal contraceptives to a patient |
| 14 | | shall be pursuant to a valid prescription or standing order by |
| 15 | | a physician licensed to practice medicine in all its branches |
| 16 | | or the medical director of a local health department, pursuant |
| 17 | | to the following: |
| 18 | | (1) a pharmacist may dispense no more than a 12-month |
| 19 | | supply of hormonal contraceptives to a patient; |
| 20 | | (2) a pharmacist must complete an educational training |
| 21 | | program accredited by the Accreditation Council for |
| 22 | | Pharmacy Education and approved by the Department that is |
| 23 | | related to the patient self-screening risk assessment, |
| 24 | | patient assessment contraceptive counseling and education, |
| 25 | | and dispensation of hormonal contraceptives; |
|
| | HB5501 | - 1475 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Source: P.A. 102-284, eff. 8-6-21; revised 1-9-22.)
|
| 2 | | Section 480. The Private Detective, Private Alarm, Private |
| 3 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is |
| 4 | | amended by changing Section 5-10 as follows:
|
| 5 | | (225 ILCS 447/5-10)
|
| 6 | | (Section scheduled to be repealed on January 1, 2024)
|
| 7 | | Sec. 5-10. Definitions. As used in this Act:
|
| 8 | | "Address of record" means the designated address recorded |
| 9 | | by the Department in the applicant's application file or the |
| 10 | | licensee's license file, as maintained by the Department's |
| 11 | | licensure maintenance unit. |
| 12 | | "Advertisement" means any public media, including printed |
| 13 | | or electronic material, that is published or displayed in a |
| 14 | | phone book,
newspaper, magazine, pamphlet, newsletter, |
| 15 | | website, or other similar type of publication or electronic |
| 16 | | format
that is
intended to either attract business or merely |
| 17 | | provide contact information to
the public for
an agency or |
| 18 | | licensee. Advertisement shall not include a licensee's or an
|
| 19 | | agency's
letterhead, business cards, or other stationery used |
| 20 | | in routine business
correspondence or
customary name, address, |
| 21 | | and number type listings in a telephone directory.
|
| 22 | | "Alarm system" means any system, including an electronic |
| 23 | | access control
system, a
surveillance video system, a security |
| 24 | | video system, a burglar alarm system, a
fire alarm
system, or |
|
| | HB5501 | - 1476 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any other electronic system that activates an audible, |
| 2 | | visible,
remote, or
recorded signal that is designed for the |
| 3 | | protection or detection of intrusion,
entry, theft,
fire, |
| 4 | | vandalism, escape, or trespass, or other electronic systems |
| 5 | | designed for the protection of life by indicating the |
| 6 | | existence of an emergency situation. "Alarm system" also |
| 7 | | includes an emergency communication system and a mass |
| 8 | | notification system.
|
| 9 | | "Applicant" means a person or business applying for |
| 10 | | licensure, registration, or authorization under this Act. Any |
| 11 | | applicant or person who holds himself or herself out as an |
| 12 | | applicant is considered a licensee or registrant for the |
| 13 | | purposes of enforcement, investigation, hearings, and the |
| 14 | | Illinois Administrative Procedure Act. |
| 15 | | "Armed employee" means a licensee or registered person who |
| 16 | | is employed by an
agency licensed or an armed proprietary |
| 17 | | security force registered under this
Act who carries a weapon |
| 18 | | while engaged in the
performance
of official duties within the |
| 19 | | course and scope of his or her employment during
the hours
and |
| 20 | | times the employee is scheduled to work or is commuting |
| 21 | | between his or her
home or
place of employment.
|
| 22 | | "Armed proprietary security force" means a security force |
| 23 | | made up of one or
more
armed individuals employed by a |
| 24 | | commercial or industrial operation or
by a financial |
| 25 | | institution as security officers
for the
protection of persons |
| 26 | | or property.
|
|
| | HB5501 | - 1477 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Board" means the Private Detective, Private Alarm, |
| 2 | | Private Security, Fingerprint Vendor, and
Locksmith Board.
|
| 3 | | "Branch office" means a business location removed from the |
| 4 | | place of business
for which an agency license has been issued, |
| 5 | | including, but not limited to,
locations where active employee |
| 6 | | records that are required to be maintained
under this Act are |
| 7 | | kept, where prospective new
employees
are processed, or where |
| 8 | | members of the public are invited in to transact
business. A
|
| 9 | | branch office does not include an office or other facility |
| 10 | | located on the
property of an
existing client that is utilized |
| 11 | | solely for the benefit of that client and is
not owned or
|
| 12 | | leased by the agency.
|
| 13 | | "Canine handler" means a person who uses or handles a |
| 14 | | trained dog
to protect persons or property or
to conduct |
| 15 | | investigations. |
| 16 | | "Canine handler authorization card" means a card issued by |
| 17 | | the Department that authorizes
the holder to use or handle a |
| 18 | | trained dog to protect persons or property or to conduct
|
| 19 | | investigations during the performance of his or her duties as |
| 20 | | specified in this Act. |
| 21 | | "Canine trainer" means a person who acts as a dog trainer |
| 22 | | for the purpose of training dogs to protect
persons or |
| 23 | | property or to conduct investigations. |
| 24 | | "Canine trainer authorization card" means a card issued by |
| 25 | | the Department that authorizes the
holder to train a dog to |
| 26 | | protect persons or property or to conduct investigations |
|
| | HB5501 | - 1478 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | during the
performance of his or her duties as specified in |
| 2 | | this Act. |
| 3 | | "Canine training facility" means a facility operated by a |
| 4 | | licensed private detective agency or private
security |
| 5 | | contractor agency wherein dogs are trained for the purposes of |
| 6 | | protecting persons or property or to
conduct investigations.
|
| 7 | | "Corporation" means an artificial person or legal entity |
| 8 | | created by or under
the
authority of the laws of a state, |
| 9 | | including without limitation a corporation,
limited liability |
| 10 | | company, or any other legal entity.
|
| 11 | | "Department" means the Department of Financial and
|
| 12 | | Professional Regulation.
|
| 13 | | "Emergency communication system" means any system that |
| 14 | | communicates information about emergencies, including but not |
| 15 | | limited to fire, terrorist activities, shootings, other |
| 16 | | dangerous situations, accidents, and natural disasters. |
| 17 | | "Employee" means a person who works for a person or agency |
| 18 | | that has the
right to
control the details of the work performed |
| 19 | | and is not dependent upon whether or
not
federal or state |
| 20 | | payroll taxes are withheld.
|
| 21 | | "Fingerprint vendor" means a person that offers, |
| 22 | | advertises, or provides services to fingerprint individuals, |
| 23 | | through electronic or other means, for the purpose of |
| 24 | | providing fingerprint images and associated demographic data |
| 25 | | to the Illinois State Police for processing fingerprint based |
| 26 | | criminal history record information inquiries. |
|
| | HB5501 | - 1479 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Fingerprint vendor agency" means a person, firm, |
| 2 | | corporation, or other legal entity that engages in the |
| 3 | | fingerprint vendor business and employs, in addition to the |
| 4 | | fingerprint vendor licensee-in-charge, at least one other |
| 5 | | person in conducting that business. |
| 6 | | "Fingerprint vendor licensee-in-charge" means a person who |
| 7 | | has been designated by a fingerprint vendor agency to be the |
| 8 | | licensee-in-charge of an agency who is a full-time management |
| 9 | | employee or owner who assumes sole responsibility for |
| 10 | | maintaining all records required by this Act and who assumes |
| 11 | | sole responsibility for assuring the licensed agency's |
| 12 | | compliance with its responsibilities as stated in this Act. |
| 13 | | The Department shall adopt rules mandating licensee-in-charge |
| 14 | | participation in agency affairs.
|
| 15 | | "Fire alarm system" means any system that is activated by |
| 16 | | an automatic or
manual device in the detection of smoke, heat, |
| 17 | | or fire that activates an
audible, visible, or
remote signal |
| 18 | | requiring a response.
|
| 19 | | "Firearm control card" means a card issued by the |
| 20 | | Department that
authorizes
the holder, who has complied with |
| 21 | | the training and other requirements of this Act, to carry a |
| 22 | | weapon during the performance of his or her duties as
|
| 23 | | specified in
this Act.
|
| 24 | | "Firm" means an unincorporated business entity, including |
| 25 | | but not limited to
proprietorships and partnerships.
|
| 26 | | "Licensee" means a person or business licensed under this |
|
| | HB5501 | - 1480 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Act. Anyone who holds himself or herself out as a licensee or |
| 2 | | who is accused of unlicensed practice is considered a licensee |
| 3 | | for purposes of enforcement, investigation, hearings, and the |
| 4 | | Illinois Administrative Procedure Act. |
| 5 | | "Locksmith" means
a person who engages in a business or |
| 6 | | holds himself out to the public as
providing a service that |
| 7 | | includes, but is not limited to, the servicing,
installing, |
| 8 | | originating first keys, re-coding, repairing, maintaining,
|
| 9 | | manipulating, or bypassing of a mechanical or electronic |
| 10 | | locking device, access
control or video surveillance system at |
| 11 | | premises, vehicles, safes, vaults, safe
deposit boxes, or |
| 12 | | automatic teller machines.
|
| 13 | | "Locksmith agency" means a person, firm, corporation, or |
| 14 | | other legal entity
that engages
in the
locksmith business and |
| 15 | | employs, in addition to the locksmith
licensee-in-charge, at |
| 16 | | least
one other person in conducting such business.
|
| 17 | | "Locksmith licensee-in-charge" means a person who has been |
| 18 | | designated by
agency to be the licensee-in-charge of an |
| 19 | | agency,
who is a
full-time management employee or owner who |
| 20 | | assumes sole responsibility
for
maintaining all records |
| 21 | | required by this Act, and who assumes sole
responsibility for
|
| 22 | | assuring the licensed agency's compliance with its |
| 23 | | responsibilities as stated
in this Act. The Department shall |
| 24 | | adopt rules mandating licensee-in-charge
participation in |
| 25 | | agency affairs.
|
| 26 | | "Mass notification system" means any system that is used |
|
| | HB5501 | - 1481 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to provide information and instructions to people in a |
| 2 | | building or other space using voice communications, including |
| 3 | | visible signals, text, graphics, tactile, or other |
| 4 | | communication methods. |
| 5 | | "Peace officer" or "police officer" means a person who, by |
| 6 | | virtue of office
or
public
employment, is vested by law with a |
| 7 | | duty to maintain public order or to make
arrests for
offenses, |
| 8 | | whether that duty extends to all offenses or is limited to |
| 9 | | specific
offenses.
Officers, agents, or employees of the |
| 10 | | federal government commissioned by
federal
statute
to make |
| 11 | | arrests for violations of federal laws are considered peace |
| 12 | | officers.
|
| 13 | | "Permanent employee registration card" means a card issued |
| 14 | | by the Department
to an
individual who has applied to the |
| 15 | | Department and meets the requirements for
employment by a |
| 16 | | licensed agency under this Act.
|
| 17 | | "Person" means a natural person.
|
| 18 | | "Private alarm contractor" means a person who engages in a |
| 19 | | business that
individually or through others undertakes, |
| 20 | | offers to undertake, purports to
have the
capacity to |
| 21 | | undertake, or submits a bid to sell, install, design, monitor, |
| 22 | | maintain, test, inspect,
alter, repair,
replace, or service |
| 23 | | alarm and other security-related systems or parts thereof,
|
| 24 | | including fire
alarm systems, at protected premises or |
| 25 | | premises to be protected or responds to
alarm
systems at a |
| 26 | | protected premises on an emergency basis and not as a |
|
| | HB5501 | - 1482 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | full-time
security officer. "Private alarm contractor" does |
| 2 | | not include a person, firm,
or
corporation that
manufactures |
| 3 | | or sells alarm systems
only from its place of business and does |
| 4 | | not sell, install, monitor, maintain,
alter, repair, replace, |
| 5 | | service, or respond to alarm systems at protected
premises or |
| 6 | | premises to be protected.
|
| 7 | | "Private alarm contractor agency" means a person, |
| 8 | | corporation, or other
entity
that
engages in the private alarm |
| 9 | | contracting business and employs, in addition to
the private
|
| 10 | | alarm contractor-in-charge, at least one other person in |
| 11 | | conducting such
business.
|
| 12 | | "Private alarm contractor licensee-in-charge" means a |
| 13 | | person who has been
designated by an
agency to be the |
| 14 | | licensee-in-charge of an agency, who is a full-time management
|
| 15 | | employee or owner who
assumes sole
responsibility for |
| 16 | | maintaining all records required by this Act, and who
assumes
|
| 17 | | sole
responsibility for assuring the licensed agency's |
| 18 | | compliance with its
responsibilities as
stated in this Act.
|
| 19 | | The Department shall adopt rules mandating licensee-in-charge |
| 20 | | participation in
agency affairs.
|
| 21 | | "Private detective" means any person who by any means, |
| 22 | | including, but not
limited to, manual, canine odor detection,
|
| 23 | | or electronic methods, engages in the business of, accepts
|
| 24 | | employment
to furnish, or agrees to make or makes |
| 25 | | investigations for a fee or other
consideration to
obtain |
| 26 | | information relating to:
|
|
| | HB5501 | - 1483 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) Crimes or wrongs done or threatened against the |
| 2 | | United States, any
state or
territory of the United |
| 3 | | States, or any local government of a state or
territory.
|
| 4 | | (2) The identity, habits, conduct, business |
| 5 | | occupation, honesty,
integrity,
credibility, knowledge, |
| 6 | | trustworthiness, efficiency, loyalty, activity,
|
| 7 | | movements, whereabouts, affiliations, associations, |
| 8 | | transactions, acts,
reputation, or character of any |
| 9 | | person, firm, or other entity by any means,
manual or |
| 10 | | electronic.
|
| 11 | | (3) The location, disposition, or recovery of lost or |
| 12 | | stolen property.
|
| 13 | | (4) The cause, origin, or responsibility for fires, |
| 14 | | accidents, or injuries
to
individuals or real or personal |
| 15 | | property.
|
| 16 | | (5) The truth or falsity of any statement or |
| 17 | | representation.
|
| 18 | | (6) Securing evidence to be used before any court, |
| 19 | | board, or investigating
body.
|
| 20 | | (7) The protection of individuals from bodily harm or |
| 21 | | death (bodyguard
functions).
|
| 22 | | (8) Service of process in criminal and civil |
| 23 | | proceedings.
|
| 24 | | "Private detective agency" means a person, firm, |
| 25 | | corporation, or other legal
entity that engages
in the
private |
| 26 | | detective business and employs, in addition to the |
|
| | HB5501 | - 1484 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | licensee-in-charge,
one or more
persons in conducting such |
| 2 | | business.
|
| 3 | | "Private detective licensee-in-charge" means a person who |
| 4 | | has been designated
by an agency
to be the licensee-in-charge |
| 5 | | of an
agency,
who is a full-time management employee or owner
|
| 6 | | who assumes sole
responsibility
for
maintaining all records |
| 7 | | required by this Act, and who assumes sole
responsibility
for |
| 8 | | assuring
the licensed agency's compliance with its |
| 9 | | responsibilities as stated in this
Act. The Department shall |
| 10 | | adopt rules mandating licensee-in-charge
participation in |
| 11 | | agency affairs.
|
| 12 | | "Private security contractor" means a person who engages |
| 13 | | in the business of
providing a private security officer, |
| 14 | | watchman, patrol, guard dog, canine odor detection, or a |
| 15 | | similar service by
any other
title or name on a contractual |
| 16 | | basis for another person, firm, corporation, or
other entity
|
| 17 | | for a fee or other consideration and performing one or more of |
| 18 | | the following
functions:
|
| 19 | | (1) The prevention or detection of intrusion, entry, |
| 20 | | theft, vandalism,
abuse, fire,
or trespass on private or |
| 21 | | governmental property.
|
| 22 | | (2) The prevention, observation, or detection of any |
| 23 | | unauthorized activity
on
private or governmental property.
|
| 24 | | (3) The protection of persons authorized to be on the |
| 25 | | premises of the
person,
firm, or other entity for which |
| 26 | | the security contractor contractually provides
security |
|
| | HB5501 | - 1485 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | services.
|
| 2 | | (4) The prevention of the misappropriation or |
| 3 | | concealment of goods, money,
bonds, stocks, notes, |
| 4 | | documents, or papers.
|
| 5 | | (5) The control, regulation, or direction of the |
| 6 | | movement of the public
for
the
time specifically required |
| 7 | | for the protection of property owned or controlled
by the |
| 8 | | client.
|
| 9 | | (6) The protection of individuals from bodily harm or |
| 10 | | death (bodyguard
functions).
|
| 11 | | "Private security contractor agency" means a person, firm, |
| 12 | | corporation, or
other legal entity that
engages in
the private |
| 13 | | security contractor business and that employs, in addition to |
| 14 | | the
licensee-in-charge, one or more persons in conducting such |
| 15 | | business.
|
| 16 | | "Private security contractor licensee-in-charge" means a |
| 17 | | person who has been
designated by an agency to be the
|
| 18 | | licensee-in-charge of an
agency, who is a full-time management |
| 19 | | employee or owner
who assumes sole responsibility for |
| 20 | | maintaining all records required by this
Act, and who
assumes |
| 21 | | sole responsibility for assuring the licensed agency's |
| 22 | | compliance with
its
responsibilities as
stated in this Act. |
| 23 | | The Department shall adopt rules mandating
licensee-in-charge |
| 24 | | participation in agency affairs.
|
| 25 | | "Public member" means a person who is not a licensee or |
| 26 | | related to a
licensee, or who is not an employer or employee of |
|
| | HB5501 | - 1488 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | dismissed unless related to the practice of the |
| 2 | | profession; however, applicants shall not be asked to |
| 3 | | report any arrests, and an arrest not followed by a |
| 4 | | conviction shall not be the basis of a denial and may be |
| 5 | | used only to assess an applicant's rehabilitation; |
| 6 | | (5) convictions overturned by a higher court; or |
| 7 | | (6) convictions or arrests that have been sealed or |
| 8 | | expunged. |
| 9 | | (d) If an applicant makes a false statement of material |
| 10 | | fact on the application, the false statement may in itself be |
| 11 | | sufficient grounds to revoke or refuse to issue a license. |
| 12 | | (e) An applicant or licensee shall report to the |
| 13 | | Department, in a manner prescribed by the Department, upon |
| 14 | | application and within 30 days after the occurrence, if during |
| 15 | | the term of licensure, (i) any conviction of or plea of guilty |
| 16 | | or nolo contendere to forgery, embezzlement, obtaining money |
| 17 | | under false pretenses, larceny, extortion, conspiracy to |
| 18 | | defraud, or any similar offense or offenses or any conviction |
| 19 | | of a felony involving moral turpitude, (ii) the entry of an |
| 20 | | administrative sanction by a government agency in this State |
| 21 | | or any other jurisdiction that has as an essential element |
| 22 | | dishonesty or fraud or involves larceny, embezzlement, or |
| 23 | | obtaining money, property, or credit by false pretenses, or |
| 24 | | (iii) a crime that subjects the licensee to compliance with |
| 25 | | the requirements of the Sex Offender Registration Act. |
| 26 | | (Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21; |
|
| | HB5501 | - 1489 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | revised 1-4-22.)
|
| 2 | | Section 490. The Illinois Horse Racing Act of 1975 is |
| 3 | | amended by changing Sections 26 and 28 as follows:
|
| 4 | | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
|
| 5 | | Sec. 26. Wagering.
|
| 6 | | (a) Any licensee may conduct and supervise the pari-mutuel |
| 7 | | system of
wagering, as defined in Section 3.12 of this Act, on |
| 8 | | horse races conducted by
an Illinois organization
licensee or |
| 9 | | conducted at a racetrack located in another state or country |
| 10 | | in accordance with subsection (g) of Section 26 of this
Act. |
| 11 | | Subject to the prior consent of the Board, licensees may |
| 12 | | supplement any
pari-mutuel pool in order to guarantee a |
| 13 | | minimum distribution. Such
pari-mutuel method of wagering |
| 14 | | shall not,
under any circumstances if conducted under the |
| 15 | | provisions of this Act,
be held or construed to be unlawful, |
| 16 | | other statutes of this State to the
contrary notwithstanding.
|
| 17 | | Subject to rules for advance wagering promulgated by the |
| 18 | | Board, any
licensee
may accept wagers in advance of the day of
|
| 19 | | the race wagered upon occurs.
|
| 20 | | (b) Except for those gaming activities for which a license |
| 21 | | is obtained and authorized under the Illinois Lottery Law, the |
| 22 | | Charitable Games Act, the Raffles and Poker Runs Act, or the |
| 23 | | Illinois Gambling Act, no other method of betting, pool |
| 24 | | making, wagering or
gambling shall be used or permitted by the |
|
| | HB5501 | - 1490 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | licensee. Each licensee
may retain, subject to the payment of |
| 2 | | all applicable
taxes and purses, an amount not to exceed 17% of |
| 3 | | all money wagered
under subsection (a) of this Section, except |
| 4 | | as may otherwise be permitted
under this Act.
|
| 5 | | (b-5) An individual may place a wager under the |
| 6 | | pari-mutuel system from
any licensed location authorized under |
| 7 | | this Act provided that wager is
electronically recorded in the |
| 8 | | manner described in Section 3.12 of this Act.
Any wager made |
| 9 | | electronically by an individual while physically on the |
| 10 | | premises
of a licensee shall be deemed to have been made at the |
| 11 | | premises of that
licensee.
|
| 12 | | (c) (Blank).
|
| 13 | | (c-5) The sum held by any licensee for payment
of
|
| 14 | | outstanding pari-mutuel tickets, if unclaimed prior to |
| 15 | | December 31 of the
next year, shall be retained by the licensee |
| 16 | | for payment of
such tickets until that date. Within 10 days |
| 17 | | thereafter, the balance of
such sum remaining unclaimed, less |
| 18 | | any uncashed supplements contributed by such
licensee for the |
| 19 | | purpose of guaranteeing minimum distributions
of any |
| 20 | | pari-mutuel pool, shall be evenly distributed to the purse |
| 21 | | account of
the organization licensee and the organization |
| 22 | | licensee, except that the balance of the sum of all |
| 23 | | outstanding pari-mutuel tickets generated from simulcast |
| 24 | | wagering and inter-track wagering by an organization licensee |
| 25 | | located in a county with a population in excess of 230,000 and |
| 26 | | borders the Mississippi River or any licensee that derives its |
|
| | HB5501 | - 1491 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | license from that organization licensee shall be evenly |
| 2 | | distributed to the purse account of the organization licensee |
| 3 | | and the organization licensee.
|
| 4 | | (d) A pari-mutuel ticket shall be honored until December |
| 5 | | 31 of the
next calendar year, and the licensee shall pay the |
| 6 | | same and may
charge the amount thereof against unpaid money |
| 7 | | similarly accumulated on account
of pari-mutuel tickets not |
| 8 | | presented for payment.
|
| 9 | | (e) No licensee shall knowingly permit any minor, other
|
| 10 | | than an employee of such licensee or an owner, trainer,
|
| 11 | | jockey, driver, or employee thereof, to be admitted during a |
| 12 | | racing
program unless accompanied by a parent or guardian, or |
| 13 | | any minor to be a
patron of the pari-mutuel system of wagering |
| 14 | | conducted or
supervised by it. The admission of any |
| 15 | | unaccompanied minor, other than
an employee of the licensee or |
| 16 | | an owner, trainer, jockey,
driver, or employee thereof at a |
| 17 | | race track is a Class C
misdemeanor.
|
| 18 | | (f) Notwithstanding the other provisions of this Act, an
|
| 19 | | organization licensee may contract
with an entity in another |
| 20 | | state or country to permit any legal
wagering entity in |
| 21 | | another state or country to accept wagers solely within
such |
| 22 | | other state or country on races conducted by the organization |
| 23 | | licensee
in this State.
Beginning January 1, 2000, these |
| 24 | | wagers
shall not be subject to State
taxation. Until January |
| 25 | | 1, 2000,
when the out-of-State entity conducts a pari-mutuel |
| 26 | | pool
separate from the organization licensee, a privilege tax |
|
| | HB5501 | - 1492 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | equal to 7 1/2% of
all monies received by the organization |
| 2 | | licensee from entities in other states
or countries pursuant |
| 3 | | to such contracts is imposed on the organization
licensee, and |
| 4 | | such privilege tax shall be remitted to the
Department of |
| 5 | | Revenue
within 48 hours of receipt of the moneys from the |
| 6 | | simulcast. When the
out-of-State entity conducts a
combined |
| 7 | | pari-mutuel pool with the organization licensee, the tax shall |
| 8 | | be 10%
of all monies received by the organization licensee |
| 9 | | with 25% of the
receipts from this 10% tax to be distributed to |
| 10 | | the county
in which the race was conducted.
|
| 11 | | An organization licensee may permit one or more of its |
| 12 | | races to be
utilized for
pari-mutuel wagering at one or more |
| 13 | | locations in other states and may
transmit audio and visual |
| 14 | | signals of races the organization licensee
conducts to one or
|
| 15 | | more locations outside the State or country and may also |
| 16 | | permit pari-mutuel
pools in other states or countries to be |
| 17 | | combined with its gross or net
wagering pools or with wagering |
| 18 | | pools established by other states.
|
| 19 | | (g) A host track may accept interstate simulcast wagers on
|
| 20 | | horse
races conducted in other states or countries and shall |
| 21 | | control the
number of signals and types of breeds of racing in |
| 22 | | its simulcast program,
subject to the disapproval of the |
| 23 | | Board. The Board may prohibit a simulcast
program only if it |
| 24 | | finds that the simulcast program is clearly
adverse to the |
| 25 | | integrity of racing. The host track
simulcast program shall
|
| 26 | | include the signal of live racing of all organization |
|
| | HB5501 | - 1493 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | licensees.
All non-host licensees and advance deposit wagering |
| 2 | | licensees shall carry the signal of and accept wagers on live |
| 3 | | racing of all organization licensees. Advance deposit wagering |
| 4 | | licensees shall not be permitted to accept out-of-state wagers |
| 5 | | on any Illinois signal provided pursuant to this Section |
| 6 | | without the approval and consent of the organization licensee |
| 7 | | providing the signal. For one year after August 15, 2014 (the |
| 8 | | effective date of Public Act 98-968), non-host licensees may |
| 9 | | carry the host track simulcast program and
shall accept wagers |
| 10 | | on all races included as part of the simulcast
program of horse |
| 11 | | races conducted at race tracks located within North America |
| 12 | | upon which wagering is permitted. For a period of one year |
| 13 | | after August 15, 2014 (the effective date of Public Act |
| 14 | | 98-968), on horse races conducted at race tracks located |
| 15 | | outside of North America, non-host licensees may accept wagers |
| 16 | | on all races included as part of the simulcast program upon |
| 17 | | which wagering is permitted. Beginning August 15, 2015 (one |
| 18 | | year after the effective date of Public Act 98-968), non-host |
| 19 | | licensees may carry the host track simulcast program and shall |
| 20 | | accept wagers on all races included as part of the simulcast |
| 21 | | program upon which wagering is permitted.
All organization |
| 22 | | licensees shall provide their live signal to all advance |
| 23 | | deposit wagering licensees for a simulcast commission fee not |
| 24 | | to exceed 6% of the advance deposit wagering licensee's |
| 25 | | Illinois handle on the organization licensee's signal without |
| 26 | | prior approval by the Board. The Board may adopt rules under |
|
| | HB5501 | - 1494 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | which it may permit simulcast commission fees in excess of 6%. |
| 2 | | The Board shall adopt rules limiting the interstate commission |
| 3 | | fees charged to an advance deposit wagering licensee. The |
| 4 | | Board shall adopt rules regarding advance deposit wagering on |
| 5 | | interstate simulcast races that shall reflect, among other |
| 6 | | things, the General Assembly's desire to maximize revenues to |
| 7 | | the State, horsemen purses, and organization licensees. |
| 8 | | However, organization licensees providing live signals |
| 9 | | pursuant to the requirements of this subsection (g) may |
| 10 | | petition the Board to withhold their live signals from an |
| 11 | | advance deposit wagering licensee if the organization licensee |
| 12 | | discovers and the Board finds reputable or credible |
| 13 | | information that the advance deposit wagering licensee is |
| 14 | | under investigation by another state or federal governmental |
| 15 | | agency, the advance deposit wagering licensee's license has |
| 16 | | been suspended in another state, or the advance deposit |
| 17 | | wagering licensee's license is in revocation proceedings in |
| 18 | | another state. The organization licensee's provision of their |
| 19 | | live signal to an advance deposit wagering licensee under this |
| 20 | | subsection (g) pertains to wagers placed from within Illinois. |
| 21 | | Advance deposit wagering licensees may place advance deposit |
| 22 | | wagering terminals at wagering facilities as a convenience to |
| 23 | | customers. The advance deposit wagering licensee shall not |
| 24 | | charge or collect any fee from purses for the placement of the |
| 25 | | advance deposit wagering terminals. The costs and expenses
of |
| 26 | | the host track and non-host licensees associated
with |
|
| | HB5501 | - 1495 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | interstate simulcast
wagering, other than the interstate
|
| 2 | | commission fee, shall be borne by the host track and all
|
| 3 | | non-host licensees
incurring these costs.
The interstate |
| 4 | | commission fee shall not exceed 5% of Illinois handle on the
|
| 5 | | interstate simulcast race or races without prior approval of |
| 6 | | the Board. The
Board shall promulgate rules under which it may |
| 7 | | permit
interstate commission
fees in excess of 5%. The |
| 8 | | interstate commission
fee and other fees charged by the |
| 9 | | sending racetrack, including, but not
limited to, satellite |
| 10 | | decoder fees, shall be uniformly applied
to the host track and |
| 11 | | all non-host licensees.
|
| 12 | | Notwithstanding any other provision of this Act, an |
| 13 | | organization licensee, with the consent of the horsemen |
| 14 | | association representing the largest number of owners, |
| 15 | | trainers, jockeys, or standardbred drivers who race horses at |
| 16 | | that organization licensee's racing meeting, may maintain a |
| 17 | | system whereby advance deposit wagering may take place or an |
| 18 | | organization licensee, with the consent of the horsemen |
| 19 | | association representing the largest number of owners, |
| 20 | | trainers, jockeys, or standardbred drivers who race horses at |
| 21 | | that organization licensee's racing meeting, may contract with |
| 22 | | another person to carry out a system of advance deposit |
| 23 | | wagering. Such consent may not be unreasonably withheld. Only |
| 24 | | with respect to an appeal to the Board that consent for an |
| 25 | | organization licensee that maintains its own advance deposit |
| 26 | | wagering system is being unreasonably withheld, the Board |
|
| | HB5501 | - 1496 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall issue a final order within 30 days after initiation of |
| 2 | | the appeal, and the organization licensee's advance deposit |
| 3 | | wagering system may remain operational during that 30-day |
| 4 | | period. The actions of any organization licensee who conducts |
| 5 | | advance deposit wagering or any person who has a contract with |
| 6 | | an organization licensee to conduct advance deposit wagering |
| 7 | | who conducts advance deposit wagering on or after January 1, |
| 8 | | 2013 and prior to June 7, 2013 (the effective date of Public |
| 9 | | Act 98-18) taken in reliance on the changes made to this |
| 10 | | subsection (g) by Public Act 98-18 are hereby validated, |
| 11 | | provided payment of all applicable pari-mutuel taxes are |
| 12 | | remitted to the Board. All advance deposit wagers placed from |
| 13 | | within Illinois must be placed through a Board-approved |
| 14 | | advance deposit wagering licensee; no other entity may accept |
| 15 | | an advance deposit wager from a person within Illinois. All |
| 16 | | advance deposit wagering is subject to any rules adopted by |
| 17 | | the Board. The Board may adopt rules necessary to regulate |
| 18 | | advance deposit wagering through the use of emergency |
| 19 | | rulemaking in accordance with Section 5-45 of the Illinois |
| 20 | | Administrative Procedure Act. The General Assembly finds that |
| 21 | | the adoption of rules to regulate advance deposit wagering is |
| 22 | | deemed an emergency and necessary for the public interest, |
| 23 | | safety, and welfare. An advance deposit wagering licensee may |
| 24 | | retain all moneys as agreed to by contract with an |
| 25 | | organization licensee. Any moneys retained by the organization |
| 26 | | licensee from advance deposit wagering, not including moneys |
|
| | HB5501 | - 1497 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | retained by the advance deposit wagering licensee, shall be |
| 2 | | paid 50% to the organization licensee's purse account and 50% |
| 3 | | to the organization licensee. With the exception of any |
| 4 | | organization licensee that is owned by a publicly traded |
| 5 | | company that is incorporated in a state other than Illinois |
| 6 | | and advance deposit wagering licensees under contract with |
| 7 | | such organization licensees, organization licensees that |
| 8 | | maintain advance deposit wagering systems and advance deposit |
| 9 | | wagering licensees that contract with organization licensees |
| 10 | | shall provide sufficiently detailed monthly accountings to the |
| 11 | | horsemen association representing the largest number of |
| 12 | | owners, trainers, jockeys, or standardbred drivers who race |
| 13 | | horses at that organization licensee's racing meeting so that |
| 14 | | the horsemen association, as an interested party, can confirm |
| 15 | | the accuracy of the amounts paid to the purse account at the |
| 16 | | horsemen association's affiliated organization licensee from |
| 17 | | advance deposit wagering. If more than one breed races at the |
| 18 | | same race track facility, then the 50% of the moneys to be paid |
| 19 | | to an organization licensee's purse account shall be allocated |
| 20 | | among all organization licensees' purse accounts operating at |
| 21 | | that race track facility proportionately based on the actual |
| 22 | | number of host days that the Board grants to that breed at that |
| 23 | | race track facility in the current calendar year. To the |
| 24 | | extent any fees from advance deposit wagering conducted in |
| 25 | | Illinois for wagers in Illinois or other states have been |
| 26 | | placed in escrow or otherwise withheld from wagers pending a |
|
| | HB5501 | - 1498 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | determination of the legality of advance deposit wagering, no |
| 2 | | action shall be brought to declare such wagers or the |
| 3 | | disbursement of any fees previously escrowed illegal. |
| 4 | | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
|
| 5 | | inter-track wagering
licensee other than the host track |
| 6 | | may supplement the host track simulcast
program with |
| 7 | | additional simulcast races or race programs, provided that |
| 8 | | between
January 1 and the third Friday in February of any |
| 9 | | year, inclusive, if no live
thoroughbred racing is |
| 10 | | occurring in Illinois during this period, only
|
| 11 | | thoroughbred races may be used
for supplemental interstate |
| 12 | | simulcast purposes. The Board shall withhold
approval for |
| 13 | | a supplemental interstate simulcast only if it finds that |
| 14 | | the
simulcast is clearly adverse to the integrity of |
| 15 | | racing. A supplemental
interstate simulcast may be |
| 16 | | transmitted from an inter-track wagering licensee to
its |
| 17 | | affiliated non-host licensees. The interstate commission |
| 18 | | fee for a
supplemental interstate simulcast shall be paid |
| 19 | | by the non-host licensee and
its affiliated non-host |
| 20 | | licensees receiving the simulcast.
|
| 21 | | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
|
| 22 | | inter-track wagering
licensee other than the host track |
| 23 | | may receive supplemental interstate
simulcasts only with |
| 24 | | the consent of the host track, except when the Board
finds |
| 25 | | that the simulcast is
clearly adverse to the integrity of |
| 26 | | racing. Consent granted under this
paragraph (2) to any |
|
| | HB5501 | - 1499 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | inter-track wagering licensee shall be deemed consent to
|
| 2 | | all non-host licensees. The interstate commission fee for |
| 3 | | the supplemental
interstate simulcast shall be paid
by all |
| 4 | | participating non-host licensees.
|
| 5 | | (3) Each licensee conducting interstate simulcast |
| 6 | | wagering may retain,
subject to the payment of all |
| 7 | | applicable taxes and the purses, an amount not to
exceed |
| 8 | | 17% of all money wagered. If any licensee conducts the |
| 9 | | pari-mutuel
system wagering on races conducted at |
| 10 | | racetracks in another state or country,
each such race or |
| 11 | | race program shall be considered a separate racing day for
|
| 12 | | the purpose of determining the daily handle and computing |
| 13 | | the privilege tax of
that daily handle as provided in |
| 14 | | subsection (a) of Section 27.
Until January 1, 2000,
from |
| 15 | | the sums permitted to be retained pursuant to this |
| 16 | | subsection, each
inter-track wagering location licensee |
| 17 | | shall pay 1% of the pari-mutuel handle
wagered on |
| 18 | | simulcast wagering to the Horse Racing Tax Allocation |
| 19 | | Fund, subject
to the provisions of subparagraph (B) of |
| 20 | | paragraph (11) of subsection (h) of
Section 26 of this |
| 21 | | Act.
|
| 22 | | (4) A licensee who receives an interstate simulcast |
| 23 | | may combine its gross
or net pools with pools at the |
| 24 | | sending racetracks pursuant to rules established
by the |
| 25 | | Board. All licensees combining their gross pools
at a
|
| 26 | | sending racetrack shall adopt the takeout percentages of |
|
| | HB5501 | - 1500 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the sending
racetrack.
A licensee may also establish a |
| 2 | | separate pool and takeout structure for
wagering purposes |
| 3 | | on races conducted at race tracks outside of the
State of |
| 4 | | Illinois. The licensee may permit pari-mutuel wagers |
| 5 | | placed in other
states or
countries to be combined with |
| 6 | | its gross or net wagering pools or other
wagering pools.
|
| 7 | | (5) After the payment of the interstate commission fee |
| 8 | | (except for the
interstate commission
fee on a |
| 9 | | supplemental interstate simulcast, which shall be paid by |
| 10 | | the host
track and by each non-host licensee through the |
| 11 | | host track) and all applicable
State and local
taxes, |
| 12 | | except as provided in subsection (g) of Section 27 of this |
| 13 | | Act, the
remainder of moneys retained from simulcast |
| 14 | | wagering pursuant to this
subsection (g), and Section 26.2 |
| 15 | | shall be divided as follows:
|
| 16 | | (A) For interstate simulcast wagers made at a host |
| 17 | | track, 50% to the
host
track and 50% to purses at the |
| 18 | | host track.
|
| 19 | | (B) For wagers placed on interstate simulcast |
| 20 | | races, supplemental
simulcasts as defined in |
| 21 | | subparagraphs (1) and (2), and separately pooled races
|
| 22 | | conducted outside of the State of Illinois made at a |
| 23 | | non-host
licensee, 25% to the host
track, 25% to the |
| 24 | | non-host licensee, and 50% to the purses at the host |
| 25 | | track.
|
| 26 | | (6) Notwithstanding any provision in this Act to the |
|
| | HB5501 | - 1501 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | contrary, non-host
licensees
who derive their licenses |
| 2 | | from a track located in a county with a population in
|
| 3 | | excess of 230,000 and that borders the Mississippi River |
| 4 | | may receive
supplemental interstate simulcast races at all |
| 5 | | times subject to Board approval,
which shall be withheld |
| 6 | | only upon a finding that a supplemental interstate
|
| 7 | | simulcast is clearly adverse to the integrity of racing.
|
| 8 | | (7) Effective January 1, 2017, notwithstanding any |
| 9 | | provision of this Act to the contrary, after
payment of |
| 10 | | all applicable State and local taxes and interstate |
| 11 | | commission fees,
non-host licensees who derive their |
| 12 | | licenses from a track located in a county
with a |
| 13 | | population in excess of 230,000 and that borders the |
| 14 | | Mississippi River
shall retain 50% of the retention from |
| 15 | | interstate simulcast wagers and shall
pay 50% to purses at |
| 16 | | the track from which the non-host licensee derives its
|
| 17 | | license.
|
| 18 | | (7.1) Notwithstanding any other provision of this Act |
| 19 | | to the contrary,
if
no
standardbred racing is conducted at |
| 20 | | a racetrack located in Madison County
during any
calendar |
| 21 | | year beginning on or after January 1, 2002, all
moneys |
| 22 | | derived by
that racetrack from simulcast wagering and |
| 23 | | inter-track wagering that (1) are to
be used
for purses |
| 24 | | and (2) are generated between the hours of 6:30 p.m. and |
| 25 | | 6:30 a.m.
during that
calendar year shall
be paid as |
| 26 | | follows:
|
|
| | HB5501 | - 1502 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (A) If the licensee that conducts horse racing at |
| 2 | | that racetrack
requests from the Board at least as |
| 3 | | many racing dates as were conducted in
calendar year |
| 4 | | 2000, 80% shall be paid to its thoroughbred purse |
| 5 | | account; and
|
| 6 | | (B) Twenty percent shall be deposited into the |
| 7 | | Illinois Colt Stakes
Purse
Distribution
Fund and shall |
| 8 | | be paid to purses for standardbred races for Illinois |
| 9 | | conceived
and foaled horses conducted at any county |
| 10 | | fairgrounds.
The moneys deposited into the Fund |
| 11 | | pursuant to this subparagraph (B) shall be
deposited
|
| 12 | | within 2
weeks after the day they were generated, |
| 13 | | shall be in addition to and not in
lieu of any other
|
| 14 | | moneys paid to standardbred purses under this Act, and |
| 15 | | shall not be commingled
with other moneys paid into |
| 16 | | that Fund. The moneys deposited
pursuant to this |
| 17 | | subparagraph (B) shall be allocated as provided by the
|
| 18 | | Department of Agriculture, with the advice and |
| 19 | | assistance of the Illinois
Standardbred
Breeders Fund |
| 20 | | Advisory Board.
|
| 21 | | (7.2) Notwithstanding any other provision of this Act |
| 22 | | to the contrary, if
no
thoroughbred racing is conducted at |
| 23 | | a racetrack located in Madison County
during any
calendar |
| 24 | | year beginning on or after January 1,
2002, all
moneys |
| 25 | | derived by
that racetrack from simulcast wagering and |
| 26 | | inter-track wagering that (1) are to
be used
for purses |
|
| | HB5501 | - 1503 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and (2) are generated between the hours of 6:30 a.m. and |
| 2 | | 6:30 p.m.
during that
calendar year shall
be deposited as |
| 3 | | follows:
|
| 4 | | (A) If the licensee that conducts horse racing at |
| 5 | | that racetrack
requests from the
Board at least
as |
| 6 | | many racing dates as were conducted in calendar year |
| 7 | | 2000, 80%
shall be deposited into its standardbred |
| 8 | | purse
account; and
|
| 9 | | (B) Twenty percent shall be deposited into the |
| 10 | | Illinois Colt Stakes
Purse
Distribution Fund. Moneys |
| 11 | | deposited into the Illinois Colt Stakes Purse
|
| 12 | | Distribution Fund
pursuant to this subparagraph (B) |
| 13 | | shall be paid to Illinois
conceived and foaled |
| 14 | | thoroughbred breeders' programs
and to thoroughbred |
| 15 | | purses for races conducted at any county fairgrounds |
| 16 | | for
Illinois conceived
and foaled horses at the |
| 17 | | discretion of the
Department of Agriculture, with the |
| 18 | | advice and assistance of
the Illinois Thoroughbred |
| 19 | | Breeders Fund Advisory
Board. The moneys deposited |
| 20 | | into the Illinois Colt Stakes Purse Distribution
Fund
|
| 21 | | pursuant to this subparagraph (B) shall be deposited |
| 22 | | within 2 weeks
after the day they were generated, |
| 23 | | shall be in addition to and not in
lieu of any other |
| 24 | | moneys paid to thoroughbred purses
under this Act, and |
| 25 | | shall not be commingled with other moneys deposited |
| 26 | | into
that Fund.
|
|
| | HB5501 | - 1504 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (8) Notwithstanding any provision in this Act to the |
| 2 | | contrary, an
organization licensee from a track located in |
| 3 | | a county with a population in
excess of 230,000 and that |
| 4 | | borders the Mississippi River and its affiliated
non-host |
| 5 | | licensees shall not be entitled to share in any retention |
| 6 | | generated on
racing, inter-track wagering, or simulcast |
| 7 | | wagering at any other Illinois
wagering facility.
|
| 8 | | (8.1) Notwithstanding any provisions in this Act to |
| 9 | | the contrary, if 2
organization licensees
are conducting |
| 10 | | standardbred race meetings concurrently
between the hours |
| 11 | | of 6:30 p.m. and 6:30 a.m., after payment of all |
| 12 | | applicable
State and local taxes and interstate commission |
| 13 | | fees, the remainder of the
amount retained from simulcast |
| 14 | | wagering otherwise attributable to the host
track and to |
| 15 | | host track purses shall be split daily between the 2
|
| 16 | | organization licensees and the purses at the tracks of the |
| 17 | | 2 organization
licensees, respectively, based on each |
| 18 | | organization licensee's share
of the total live handle for |
| 19 | | that day,
provided that this provision shall not apply to |
| 20 | | any non-host licensee that
derives its license from a |
| 21 | | track located in a county with a population in
excess of |
| 22 | | 230,000 and that borders the Mississippi River.
|
| 23 | | (9) (Blank).
|
| 24 | | (10) (Blank).
|
| 25 | | (11) (Blank).
|
| 26 | | (12) The Board shall have authority to compel all host |
|
| | HB5501 | - 1505 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | tracks to receive
the simulcast of any or all races |
| 2 | | conducted at the Springfield or DuQuoin State
fairgrounds |
| 3 | | and include all such races as part of their simulcast |
| 4 | | programs.
|
| 5 | | (13) Notwithstanding any other provision of this Act, |
| 6 | | in the event that
the total Illinois pari-mutuel handle on |
| 7 | | Illinois horse races at all wagering
facilities in any |
| 8 | | calendar year is less than 75% of the total Illinois
|
| 9 | | pari-mutuel handle on Illinois horse races at all such |
| 10 | | wagering facilities for
calendar year 1994, then each |
| 11 | | wagering facility that has an annual total
Illinois |
| 12 | | pari-mutuel handle on Illinois horse races that is less |
| 13 | | than 75% of
the total Illinois pari-mutuel handle on |
| 14 | | Illinois horse races at such wagering
facility for |
| 15 | | calendar year 1994, shall be permitted to receive, from |
| 16 | | any amount
otherwise
payable to the purse account at the |
| 17 | | race track with which the wagering facility
is affiliated |
| 18 | | in the succeeding calendar year, an amount equal to 2% of |
| 19 | | the
differential in total Illinois pari-mutuel handle on |
| 20 | | Illinois horse
races at the wagering facility between that |
| 21 | | calendar year in question and 1994
provided, however, that |
| 22 | | a
wagering facility shall not be entitled to any such |
| 23 | | payment until the Board
certifies in writing to the |
| 24 | | wagering facility the amount to which the wagering
|
| 25 | | facility is entitled
and a schedule for payment of the |
| 26 | | amount to the wagering facility, based on:
(i) the racing |
|
| | HB5501 | - 1506 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | dates awarded to the race track affiliated with the |
| 2 | | wagering
facility during the succeeding year; (ii) the |
| 3 | | sums available or anticipated to
be available in the purse |
| 4 | | account of the race track affiliated with the
wagering |
| 5 | | facility for purses during the succeeding year; and (iii) |
| 6 | | the need to
ensure reasonable purse levels during the |
| 7 | | payment period.
The Board's certification
shall be |
| 8 | | provided no later than January 31 of the succeeding year.
|
| 9 | | In the event a wagering facility entitled to a payment |
| 10 | | under this paragraph
(13) is affiliated with a race track |
| 11 | | that maintains purse accounts for both
standardbred and |
| 12 | | thoroughbred racing, the amount to be paid to the wagering
|
| 13 | | facility shall be divided between each purse account pro |
| 14 | | rata, based on the
amount of Illinois handle on Illinois |
| 15 | | standardbred and thoroughbred racing
respectively at the |
| 16 | | wagering facility during the previous calendar year.
|
| 17 | | Annually, the General Assembly shall appropriate |
| 18 | | sufficient funds from the
General Revenue Fund to the |
| 19 | | Department of Agriculture for payment into the
|
| 20 | | thoroughbred and standardbred horse racing purse accounts |
| 21 | | at
Illinois pari-mutuel tracks. The amount paid to each |
| 22 | | purse account shall be
the amount certified by the |
| 23 | | Illinois Racing Board in January to be
transferred from |
| 24 | | each account to each eligible racing facility in
|
| 25 | | accordance with the provisions of this Section. Beginning |
| 26 | | in the calendar year in which an organization licensee |
|
| | HB5501 | - 1507 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | that is eligible to receive payment under this paragraph |
| 2 | | (13) begins to receive funds from gaming pursuant to an |
| 3 | | organization gaming license issued under the Illinois |
| 4 | | Gambling Act, the amount of the payment due to all |
| 5 | | wagering facilities licensed under that organization |
| 6 | | licensee under this paragraph (13) shall be the amount |
| 7 | | certified by the Board in January of that year. An |
| 8 | | organization licensee and its related wagering facilities |
| 9 | | shall no longer be able to receive payments under this |
| 10 | | paragraph (13) beginning in the year subsequent to the |
| 11 | | first year in which the organization licensee begins to |
| 12 | | receive funds from gaming pursuant to an organization |
| 13 | | gaming license issued under the Illinois Gambling Act.
|
| 14 | | (h) The Board may approve and license the conduct of |
| 15 | | inter-track wagering
and simulcast wagering by inter-track |
| 16 | | wagering licensees and inter-track
wagering location licensees |
| 17 | | subject to the following terms and conditions:
|
| 18 | | (1) Any person licensed to conduct a race meeting (i) |
| 19 | | at a track where
60 or more days of racing were conducted |
| 20 | | during the immediately preceding
calendar year or where |
| 21 | | over the 5 immediately preceding calendar years an
average |
| 22 | | of 30 or more days of racing were conducted annually may be |
| 23 | | issued an
inter-track wagering license; (ii) at a track
|
| 24 | | located in a county that is bounded by the Mississippi |
| 25 | | River, which has a
population of less than 150,000 |
| 26 | | according to the 1990 decennial census, and an
average of |
|
| | HB5501 | - 1508 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | at least 60 days of racing per year between 1985 and 1993 |
| 2 | | may be
issued an inter-track wagering license; (iii) at a |
| 3 | | track awarded standardbred racing dates; or (iv) at a |
| 4 | | track
located in Madison
County that conducted at least |
| 5 | | 100 days of live racing during the immediately
preceding
|
| 6 | | calendar year may be issued an inter-track wagering |
| 7 | | license, unless a lesser
schedule of
live racing is the |
| 8 | | result of (A) weather, unsafe track conditions, or other
|
| 9 | | acts of God; (B)
an agreement between the organization |
| 10 | | licensee and the associations
representing the
largest |
| 11 | | number of owners, trainers, jockeys, or standardbred |
| 12 | | drivers who race
horses at
that organization licensee's |
| 13 | | racing meeting; or (C) a finding by the Board of
|
| 14 | | extraordinary circumstances and that it was in the best |
| 15 | | interest of the public
and the sport to conduct fewer than |
| 16 | | 100 days of live racing. Any such person
having operating |
| 17 | | control of the racing facility may receive
inter-track |
| 18 | | wagering
location licenses. An
eligible race track located |
| 19 | | in a county that has a population of more than
230,000 and |
| 20 | | that is bounded by the Mississippi River may establish up |
| 21 | | to 9
inter-track wagering locations, an eligible race |
| 22 | | track located in Stickney Township in Cook County may |
| 23 | | establish up to 16 inter-track wagering locations, and an |
| 24 | | eligible race track located in Palatine Township in Cook |
| 25 | | County may establish up to 18 inter-track wagering |
| 26 | | locations. An eligible racetrack conducting standardbred |
|
| | HB5501 | - 1509 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | racing may have up to 16 inter-track wagering locations.
|
| 2 | | An application for
said license shall be filed with the |
| 3 | | Board prior to such dates as may be
fixed by the Board. |
| 4 | | With an application for an inter-track
wagering
location |
| 5 | | license there shall be delivered to the Board a certified |
| 6 | | check or
bank draft payable to the order of the Board for |
| 7 | | an amount equal to $500.
The application shall be on forms |
| 8 | | prescribed and furnished by the Board. The
application |
| 9 | | shall comply with all other rules,
regulations and |
| 10 | | conditions imposed by the Board in connection therewith.
|
| 11 | | (2) The Board shall examine the applications with |
| 12 | | respect to their
conformity with this Act and the rules |
| 13 | | and regulations imposed by the
Board. If found to be in |
| 14 | | compliance with the Act and rules and regulations
of the |
| 15 | | Board, the Board may then issue a license to conduct |
| 16 | | inter-track
wagering and simulcast wagering to such |
| 17 | | applicant. All such applications
shall be acted upon by |
| 18 | | the Board at a meeting to be held on such date as may be
|
| 19 | | fixed by the Board.
|
| 20 | | (3) In granting licenses to conduct inter-track |
| 21 | | wagering and simulcast
wagering, the Board shall give due |
| 22 | | consideration to
the best interests of the
public, of |
| 23 | | horse racing, and of maximizing revenue to the State.
|
| 24 | | (4) Prior to the issuance of a license to conduct |
| 25 | | inter-track wagering
and simulcast wagering,
the applicant |
| 26 | | shall file with the Board a bond payable to the State of |
|
| | HB5501 | - 1510 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois
in the sum of $50,000, executed by the applicant |
| 2 | | and a surety company or
companies authorized to do |
| 3 | | business in this State, and conditioned upon
(i) the |
| 4 | | payment by the licensee of all taxes due under Section 27 |
| 5 | | or 27.1
and any other monies due and payable under this |
| 6 | | Act, and (ii)
distribution by the licensee, upon |
| 7 | | presentation of the winning ticket or
tickets, of all sums |
| 8 | | payable to the patrons of pari-mutuel pools.
|
| 9 | | (5) Each license to conduct inter-track wagering and |
| 10 | | simulcast
wagering shall specify the person
to whom it is |
| 11 | | issued, the dates on which such wagering is permitted, and
|
| 12 | | the track or location where the wagering is to be |
| 13 | | conducted.
|
| 14 | | (6) All wagering under such license is subject to this |
| 15 | | Act and to the
rules and regulations from time to time |
| 16 | | prescribed by the Board, and every
such license issued by |
| 17 | | the Board shall contain a recital to that effect.
|
| 18 | | (7) An inter-track wagering licensee or inter-track |
| 19 | | wagering location
licensee may accept wagers at the track |
| 20 | | or location
where it is licensed, or as otherwise provided |
| 21 | | under this Act.
|
| 22 | | (8) Inter-track wagering or simulcast wagering shall |
| 23 | | not be
conducted
at any track less than 4 miles from a |
| 24 | | track at which a racing meeting is in
progress.
|
| 25 | | (8.1) Inter-track wagering location
licensees who |
| 26 | | derive their licenses from a particular organization |
|
| | HB5501 | - 1511 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | licensee
shall conduct inter-track wagering and simulcast |
| 2 | | wagering only at locations that
are within 160 miles of |
| 3 | | that race track
where
the particular organization licensee |
| 4 | | is licensed to conduct racing. However, inter-track |
| 5 | | wagering and simulcast wagering
shall not
be conducted by |
| 6 | | those licensees at any location within 5 miles of any race
|
| 7 | | track at which a
horse race meeting has been licensed in |
| 8 | | the current year, unless the person
having operating |
| 9 | | control of such race track has given its written consent
|
| 10 | | to such inter-track wagering location licensees,
which |
| 11 | | consent
must be filed with the Board at or prior to the |
| 12 | | time application is made. In the case of any inter-track |
| 13 | | wagering location licensee initially licensed after |
| 14 | | December 31, 2013, inter-track wagering and simulcast |
| 15 | | wagering shall not be conducted by those inter-track |
| 16 | | wagering location licensees that are located outside the |
| 17 | | City of Chicago at any location within 8 miles of any race |
| 18 | | track at which a horse race meeting has been licensed in |
| 19 | | the current year, unless the person having operating |
| 20 | | control of such race track has given its written consent |
| 21 | | to such inter-track wagering location licensees, which |
| 22 | | consent must be filed with the Board at or prior to the |
| 23 | | time application is made.
|
| 24 | | (8.2) Inter-track wagering or simulcast wagering shall |
| 25 | | not be
conducted by an inter-track
wagering location |
| 26 | | licensee at any location within 100 feet of an
existing
|
|
| | HB5501 | - 1512 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | church, an existing elementary or secondary public school, |
| 2 | | or an existing elementary or secondary private school |
| 3 | | registered with or recognized by the State Board of |
| 4 | | Education. The
distance of 100 feet shall be measured to |
| 5 | | the nearest part of any
building
used for worship |
| 6 | | services, education programs, or
conducting inter-track |
| 7 | | wagering by an inter-track wagering location
licensee, and |
| 8 | | not to property boundaries. However, inter-track wagering |
| 9 | | or
simulcast wagering may be conducted at a site within |
| 10 | | 100 feet of
a church or school if such church or school
has |
| 11 | | been erected
or established after
the Board issues
the |
| 12 | | original inter-track wagering location license at the site |
| 13 | | in question.
Inter-track wagering location licensees may |
| 14 | | conduct inter-track wagering
and simulcast wagering only |
| 15 | | in areas that are zoned for
commercial or manufacturing |
| 16 | | purposes or
in areas for which a special use has been |
| 17 | | approved by the local zoning
authority. However, no |
| 18 | | license to conduct inter-track wagering and simulcast
|
| 19 | | wagering shall be
granted by the Board with respect to any |
| 20 | | inter-track wagering location
within the jurisdiction of |
| 21 | | any local zoning authority which has, by
ordinance or by |
| 22 | | resolution, prohibited the establishment of an inter-track
|
| 23 | | wagering location within its jurisdiction. However, |
| 24 | | inter-track wagering
and simulcast wagering may be |
| 25 | | conducted at a site if such ordinance or
resolution is |
| 26 | | enacted after
the Board licenses the original inter-track |
|
| | HB5501 | - 1513 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | wagering location
licensee for the site in question.
|
| 2 | | (9) (Blank).
|
| 3 | | (10) An inter-track wagering licensee or an |
| 4 | | inter-track wagering
location licensee may retain, subject |
| 5 | | to the
payment of the privilege taxes and the purses, an |
| 6 | | amount not to
exceed 17% of all money wagered. Each |
| 7 | | program of racing conducted by
each inter-track wagering |
| 8 | | licensee or inter-track wagering location
licensee shall |
| 9 | | be considered a separate racing day for the purpose of
|
| 10 | | determining the daily handle and computing the privilege |
| 11 | | tax or pari-mutuel
tax on such daily
handle as provided in |
| 12 | | Section 27.
|
| 13 | | (10.1) Except as provided in subsection (g) of Section |
| 14 | | 27 of this Act,
inter-track wagering location licensees |
| 15 | | shall pay 1% of the
pari-mutuel handle at each location to |
| 16 | | the municipality in which such
location is situated and 1% |
| 17 | | of the pari-mutuel handle at each location to
the county |
| 18 | | in which such location is situated. In the event that an
|
| 19 | | inter-track wagering location licensee is situated in an |
| 20 | | unincorporated
area of a county, such licensee shall pay |
| 21 | | 2% of the pari-mutuel handle from
such location to such |
| 22 | | county. Inter-track wagering location licensees must pay |
| 23 | | the handle percentage required under this paragraph to the |
| 24 | | municipality and county no later than the 20th of the |
| 25 | | month following the month such handle was generated.
|
| 26 | | (10.2) Notwithstanding any other provision of this |
|
| | HB5501 | - 1514 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Act, with respect to inter-track
wagering at a race track |
| 2 | | located in a
county that has a population of
more than |
| 3 | | 230,000 and that is bounded by the Mississippi River ("the |
| 4 | | first race
track"), or at a facility operated by an |
| 5 | | inter-track wagering licensee or
inter-track wagering |
| 6 | | location licensee that derives its license from the
|
| 7 | | organization licensee that operates the first race track, |
| 8 | | on races conducted at
the first race track or on races |
| 9 | | conducted at another Illinois race track
and |
| 10 | | simultaneously televised to the first race track or to a |
| 11 | | facility operated
by an inter-track wagering licensee or |
| 12 | | inter-track wagering location licensee
that derives its |
| 13 | | license from the organization licensee that operates the |
| 14 | | first
race track, those moneys shall be allocated as |
| 15 | | follows:
|
| 16 | | (A) That portion of all moneys wagered on |
| 17 | | standardbred racing that is
required under this Act to |
| 18 | | be paid to purses shall be paid to purses for
|
| 19 | | standardbred races.
|
| 20 | | (B) That portion of all moneys wagered on |
| 21 | | thoroughbred racing
that is required under this Act to |
| 22 | | be paid to purses shall be paid to purses
for |
| 23 | | thoroughbred races.
|
| 24 | | (11) (A) After payment of the privilege or pari-mutuel |
| 25 | | tax, any other
applicable
taxes, and
the costs and |
| 26 | | expenses in connection with the gathering, transmission, |
|
| | HB5501 | - 1515 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and
dissemination of all data necessary to the conduct of |
| 2 | | inter-track wagering,
the remainder of the monies retained |
| 3 | | under either Section 26 or Section 26.2
of this Act by the |
| 4 | | inter-track wagering licensee on inter-track wagering
|
| 5 | | shall be allocated with 50% to be split between the
2 |
| 6 | | participating licensees and 50% to purses, except
that an |
| 7 | | inter-track wagering licensee that derives its
license |
| 8 | | from a track located in a county with a population in |
| 9 | | excess of 230,000
and that borders the Mississippi River |
| 10 | | shall not divide any remaining
retention with the Illinois |
| 11 | | organization licensee that provides the race or
races, and |
| 12 | | an inter-track wagering licensee that accepts wagers on |
| 13 | | races
conducted by an organization licensee that conducts |
| 14 | | a race meet in a county
with a population in excess of |
| 15 | | 230,000 and that borders the Mississippi River
shall not |
| 16 | | divide any remaining retention with that organization |
| 17 | | licensee.
|
| 18 | | (B) From the
sums permitted to be retained pursuant to |
| 19 | | this Act each inter-track wagering
location licensee shall |
| 20 | | pay (i) the privilege or pari-mutuel tax to the
State; |
| 21 | | (ii) 4.75% of the
pari-mutuel handle on inter-track |
| 22 | | wagering at such location on
races as purses, except that
|
| 23 | | an inter-track wagering location licensee that derives its |
| 24 | | license from a
track located in a county with a population |
| 25 | | in excess of 230,000 and that
borders the Mississippi |
| 26 | | River shall retain all purse moneys for its own purse
|
|
| | HB5501 | - 1516 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | account consistent with distribution set forth in this |
| 2 | | subsection (h), and inter-track
wagering location |
| 3 | | licensees that accept wagers on races
conducted
by an |
| 4 | | organization licensee located in a county with a |
| 5 | | population in excess of
230,000 and that borders the |
| 6 | | Mississippi River shall distribute all purse
moneys to |
| 7 | | purses at the operating host track; (iii) until January 1, |
| 8 | | 2000,
except as
provided in
subsection (g) of Section 27 |
| 9 | | of this Act, 1% of the
pari-mutuel handle wagered on |
| 10 | | inter-track wagering and simulcast wagering at
each |
| 11 | | inter-track wagering
location licensee facility to the |
| 12 | | Horse Racing Tax Allocation Fund, provided
that, to the |
| 13 | | extent the total amount collected and distributed to the |
| 14 | | Horse
Racing Tax Allocation Fund under this subsection (h) |
| 15 | | during any calendar year
exceeds the amount collected and |
| 16 | | distributed to the Horse Racing Tax Allocation
Fund during |
| 17 | | calendar year 1994, that excess amount shall be |
| 18 | | redistributed (I)
to all inter-track wagering location |
| 19 | | licensees, based on each licensee's pro rata
share of the |
| 20 | | total handle from inter-track wagering and simulcast
|
| 21 | | wagering for all inter-track wagering location licensees |
| 22 | | during the calendar
year in which this provision is |
| 23 | | applicable; then (II) the amounts redistributed
to each |
| 24 | | inter-track wagering location licensee as described in |
| 25 | | subpart (I)
shall be further redistributed as provided in |
| 26 | | subparagraph (B) of paragraph (5)
of subsection (g) of |
|
| | HB5501 | - 1517 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this Section 26 provided first, that the shares of those
|
| 2 | | amounts, which are to be redistributed to the host track |
| 3 | | or to purses at the
host track under subparagraph (B) of |
| 4 | | paragraph (5) of subsection (g) of this
Section 26 shall |
| 5 | | be
redistributed based on each host track's pro rata share |
| 6 | | of the total
inter-track
wagering and simulcast wagering |
| 7 | | handle at all host tracks during the calendar
year in |
| 8 | | question, and second, that any amounts redistributed as |
| 9 | | described in
part (I) to an inter-track wagering location |
| 10 | | licensee that accepts
wagers on races conducted by an |
| 11 | | organization licensee that conducts a race meet
in a |
| 12 | | county with a population in excess of 230,000 and that |
| 13 | | borders the
Mississippi River shall be further |
| 14 | | redistributed, effective January 1, 2017, as provided in |
| 15 | | paragraph (7) of subsection (g) of this Section 26, with |
| 16 | | the
portion of that
further redistribution allocated to |
| 17 | | purses at that organization licensee to be
divided between |
| 18 | | standardbred purses and thoroughbred purses based on the
|
| 19 | | amounts otherwise allocated to purses at that organization |
| 20 | | licensee during the
calendar year in question; and (iv) 8% |
| 21 | | of the pari-mutuel handle on
inter-track wagering wagered |
| 22 | | at
such location to satisfy all costs and expenses of |
| 23 | | conducting its wagering. The
remainder of the monies |
| 24 | | retained by the inter-track wagering location licensee
|
| 25 | | shall be allocated 40% to the location licensee and 60% to |
| 26 | | the organization
licensee which provides the Illinois |
|
| | HB5501 | - 1518 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | races to the location, except that an inter-track
wagering |
| 2 | | location
licensee that derives its license from a track |
| 3 | | located in a county with a
population in excess of 230,000 |
| 4 | | and that borders the Mississippi River shall
not divide |
| 5 | | any remaining retention with the organization licensee |
| 6 | | that provides
the race or races and an inter-track |
| 7 | | wagering location licensee that accepts
wagers on races |
| 8 | | conducted by an organization licensee that conducts a race |
| 9 | | meet
in a county with a population in excess of 230,000 and |
| 10 | | that borders the
Mississippi River shall not divide any |
| 11 | | remaining retention with the
organization licensee.
|
| 12 | | Notwithstanding the provisions of clauses (ii) and (iv) of |
| 13 | | this
paragraph, in the case of the additional inter-track |
| 14 | | wagering location licenses
authorized under paragraph (1) |
| 15 | | of this subsection (h) by Public Act 87-110, those |
| 16 | | licensees shall pay the following amounts as purses:
|
| 17 | | during the first 12 months the licensee is in operation, |
| 18 | | 5.25% of
the
pari-mutuel handle wagered at the location on |
| 19 | | races; during the second 12
months, 5.25%; during the |
| 20 | | third 12 months, 5.75%;
during
the fourth 12 months,
|
| 21 | | 6.25%; and during the fifth 12 months and thereafter, |
| 22 | | 6.75%. The
following amounts shall be retained by the |
| 23 | | licensee to satisfy all costs
and expenses of conducting |
| 24 | | its wagering: during the first 12 months the
licensee is |
| 25 | | in operation, 8.25% of the pari-mutuel handle wagered
at |
| 26 | | the
location; during the second 12 months, 8.25%; during |
|
| | HB5501 | - 1519 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the third 12
months, 7.75%;
during the fourth 12 months, |
| 2 | | 7.25%; and during the fifth 12 months
and
thereafter, |
| 3 | | 6.75%.
For additional inter-track wagering location |
| 4 | | licensees authorized under Public Act 89-16, purses for |
| 5 | | the first 12 months the licensee is in operation shall
be |
| 6 | | 5.75% of the pari-mutuel wagered
at the location, purses |
| 7 | | for the second 12 months the licensee is in operation
|
| 8 | | shall be 6.25%, and purses
thereafter shall be 6.75%. For |
| 9 | | additional inter-track location
licensees
authorized under |
| 10 | | Public Act 89-16, the licensee shall be allowed to retain |
| 11 | | to satisfy
all costs and expenses: 7.75% of the |
| 12 | | pari-mutuel handle wagered at
the location
during its |
| 13 | | first 12 months of operation, 7.25% during its second
12
|
| 14 | | months of
operation, and 6.75% thereafter.
|
| 15 | | (C) There is hereby created the Horse Racing Tax |
| 16 | | Allocation Fund
which shall remain in existence until |
| 17 | | December 31, 1999. Moneys
remaining in the Fund after |
| 18 | | December 31, 1999
shall be paid into the
General Revenue |
| 19 | | Fund. Until January 1, 2000,
all monies paid into the |
| 20 | | Horse Racing Tax Allocation Fund pursuant to this
|
| 21 | | paragraph (11) by inter-track wagering location licensees |
| 22 | | located in park
districts of 500,000 population or less, |
| 23 | | or in a municipality that is not
included within any park |
| 24 | | district but is included within a conservation
district |
| 25 | | and is the county seat of a county that (i) is contiguous |
| 26 | | to the state
of Indiana and (ii) has a 1990 population of |
|
| | HB5501 | - 1520 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 88,257 according to the United
States Bureau of the |
| 2 | | Census, and operating on May 1, 1994 shall be
allocated by |
| 3 | | appropriation as follows:
|
| 4 | | Two-sevenths to the Department of Agriculture. |
| 5 | | Fifty percent of
this two-sevenths shall be used to |
| 6 | | promote the Illinois horse racing and
breeding |
| 7 | | industry, and shall be distributed by the Department |
| 8 | | of Agriculture
upon the advice of a 9-member committee |
| 9 | | appointed by the Governor consisting of
the following |
| 10 | | members: the Director of Agriculture, who shall serve |
| 11 | | as
chairman; 2 representatives of organization |
| 12 | | licensees conducting thoroughbred
race meetings in |
| 13 | | this State, recommended by those licensees; 2 |
| 14 | | representatives
of organization licensees conducting |
| 15 | | standardbred race meetings in this State,
recommended |
| 16 | | by those licensees; a representative of the Illinois
|
| 17 | | Thoroughbred Breeders and Owners Foundation, |
| 18 | | recommended by that
Foundation; a representative of |
| 19 | | the Illinois Standardbred Owners and
Breeders |
| 20 | | Association, recommended
by that Association; a |
| 21 | | representative of
the Horsemen's Benevolent and |
| 22 | | Protective Association or any successor
organization |
| 23 | | thereto established in Illinois comprised of the |
| 24 | | largest number of
owners and trainers, recommended by |
| 25 | | that
Association or that successor organization; and a
|
| 26 | | representative of the Illinois Harness Horsemen's
|
|
| | HB5501 | - 1521 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Association, recommended by that Association. |
| 2 | | Committee members shall
serve for terms of 2 years, |
| 3 | | commencing January 1 of each even-numbered
year. If a |
| 4 | | representative of any of the above-named entities has |
| 5 | | not been
recommended by January 1 of any even-numbered |
| 6 | | year, the Governor shall
appoint a committee member to |
| 7 | | fill that position. Committee members shall
receive no |
| 8 | | compensation for their services as members but shall |
| 9 | | be
reimbursed for all actual and necessary expenses |
| 10 | | and disbursements incurred
in the performance of their |
| 11 | | official duties. The remaining 50% of this
|
| 12 | | two-sevenths shall be distributed to county fairs for |
| 13 | | premiums and
rehabilitation as set forth in the |
| 14 | | Agricultural Fair Act;
|
| 15 | | Four-sevenths to park districts or municipalities |
| 16 | | that do not have a
park district of 500,000 population |
| 17 | | or less for museum purposes (if an
inter-track |
| 18 | | wagering location licensee is located in such a park |
| 19 | | district) or
to conservation districts for museum |
| 20 | | purposes (if an inter-track wagering
location licensee |
| 21 | | is located in a municipality that is not included |
| 22 | | within any
park district but is included within a |
| 23 | | conservation district and is the county
seat of a |
| 24 | | county that (i) is contiguous to the state of Indiana |
| 25 | | and (ii) has a
1990 population of 88,257 according to |
| 26 | | the United States Bureau of the Census,
except that if |
|
| | HB5501 | - 1522 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the conservation district does not maintain a museum, |
| 2 | | the monies
shall be allocated equally between the |
| 3 | | county and the municipality in which the
inter-track |
| 4 | | wagering location licensee is located for general |
| 5 | | purposes) or to a
municipal recreation board for park |
| 6 | | purposes (if an inter-track wagering
location licensee |
| 7 | | is located in a municipality that is not included |
| 8 | | within any
park district and park maintenance is the |
| 9 | | function of the municipal recreation
board and the |
| 10 | | municipality has a 1990 population of 9,302 according |
| 11 | | to the
United States Bureau of the Census); provided |
| 12 | | that the monies are distributed
to each park district |
| 13 | | or conservation district or municipality that does not
|
| 14 | | have a park district in an amount equal to |
| 15 | | four-sevenths of the amount
collected by each |
| 16 | | inter-track wagering location licensee within the park
|
| 17 | | district or conservation district or municipality for |
| 18 | | the Fund. Monies that
were paid into the Horse Racing |
| 19 | | Tax Allocation Fund before August 9, 1991 (the |
| 20 | | effective date
of Public Act 87-110) by an inter-track |
| 21 | | wagering location licensee
located in a municipality |
| 22 | | that is not included within any park district but is
|
| 23 | | included within a conservation district as provided in |
| 24 | | this paragraph shall, as
soon as practicable after |
| 25 | | August 9, 1991 (the effective date of Public Act |
| 26 | | 87-110), be
allocated and paid to that conservation |
|
| | HB5501 | - 1523 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | district as provided in this paragraph.
Any park |
| 2 | | district or municipality not maintaining a museum may |
| 3 | | deposit the
monies in the corporate fund of the park |
| 4 | | district or municipality where the
inter-track |
| 5 | | wagering location is located, to be used for general |
| 6 | | purposes;
and
|
| 7 | | One-seventh to the Agricultural Premium Fund to be |
| 8 | | used for distribution
to agricultural home economics |
| 9 | | extension councils in accordance with "An
Act in |
| 10 | | relation to additional support and finances for the |
| 11 | | Agricultural and
Home Economic Extension Councils in |
| 12 | | the several counties of this State and
making an |
| 13 | | appropriation therefor", approved July 24, 1967.
|
| 14 | | Until January 1, 2000, all other
monies paid into the |
| 15 | | Horse Racing Tax
Allocation Fund pursuant to
this |
| 16 | | paragraph (11) shall be allocated by appropriation as |
| 17 | | follows:
|
| 18 | | Two-sevenths to the Department of Agriculture. |
| 19 | | Fifty percent of this
two-sevenths shall be used to |
| 20 | | promote the Illinois horse racing and breeding
|
| 21 | | industry, and shall be distributed by the Department |
| 22 | | of Agriculture upon the
advice of a 9-member committee |
| 23 | | appointed by the Governor consisting of the
following |
| 24 | | members: the Director of Agriculture, who shall serve |
| 25 | | as chairman; 2
representatives of organization |
| 26 | | licensees conducting thoroughbred race meetings
in |
|
| | HB5501 | - 1524 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this State, recommended by those licensees; 2 |
| 2 | | representatives of
organization licensees conducting |
| 3 | | standardbred race meetings in this State,
recommended |
| 4 | | by those licensees; a representative of the Illinois |
| 5 | | Thoroughbred
Breeders and Owners Foundation, |
| 6 | | recommended by that Foundation; a
representative of |
| 7 | | the Illinois Standardbred Owners and Breeders |
| 8 | | Association,
recommended by that Association; a |
| 9 | | representative of the Horsemen's Benevolent
and |
| 10 | | Protective Association or any successor organization |
| 11 | | thereto established
in Illinois comprised of the |
| 12 | | largest number of owners and trainers,
recommended by |
| 13 | | that Association or that successor organization; and a
|
| 14 | | representative of the Illinois Harness Horsemen's |
| 15 | | Association, recommended by
that Association. |
| 16 | | Committee members shall serve for terms of 2 years,
|
| 17 | | commencing January 1 of each even-numbered year. If a |
| 18 | | representative of any of
the above-named entities has |
| 19 | | not been recommended by January 1 of any
even-numbered |
| 20 | | year, the Governor shall appoint a committee member to |
| 21 | | fill that
position. Committee members shall receive no |
| 22 | | compensation for their services
as members but shall |
| 23 | | be reimbursed for all actual and necessary expenses |
| 24 | | and
disbursements incurred in the performance of their |
| 25 | | official duties. The
remaining 50% of this |
| 26 | | two-sevenths shall be distributed to county fairs for
|
|
| | HB5501 | - 1525 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | premiums and rehabilitation as set forth in the |
| 2 | | Agricultural Fair Act;
|
| 3 | | Four-sevenths to museums and aquariums located in |
| 4 | | park districts of over
500,000 population; provided |
| 5 | | that the monies are distributed in accordance with
the |
| 6 | | previous year's distribution of the maintenance tax |
| 7 | | for such museums and
aquariums as provided in Section |
| 8 | | 2 of the Park District Aquarium and Museum
Act; and
|
| 9 | | One-seventh to the Agricultural Premium Fund to be |
| 10 | | used for distribution
to agricultural home economics |
| 11 | | extension councils in accordance with "An Act
in |
| 12 | | relation to additional support and finances for the |
| 13 | | Agricultural and
Home Economic Extension Councils in |
| 14 | | the several counties of this State and
making an |
| 15 | | appropriation therefor", approved July 24, 1967.
This |
| 16 | | subparagraph (C) shall be inoperative and of no force |
| 17 | | and effect on and
after January 1, 2000.
|
| 18 | | (D) Except as provided in paragraph (11) of this |
| 19 | | subsection (h),
with respect to purse allocation from |
| 20 | | inter-track wagering, the monies so
retained shall be |
| 21 | | divided as follows:
|
| 22 | | (i) If the inter-track wagering licensee, |
| 23 | | except an inter-track
wagering licensee that |
| 24 | | derives its license from an organization
licensee |
| 25 | | located in a county with a population in excess of |
| 26 | | 230,000 and bounded
by the Mississippi River, is |
|
| | HB5501 | - 1526 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | not conducting its own
race meeting during the |
| 2 | | same dates, then the entire purse allocation shall |
| 3 | | be
to purses at the track where the races wagered |
| 4 | | on are being conducted.
|
| 5 | | (ii) If the inter-track wagering licensee, |
| 6 | | except an inter-track
wagering licensee that |
| 7 | | derives its license from an organization
licensee |
| 8 | | located in a county with a population in excess of |
| 9 | | 230,000 and bounded
by the Mississippi River, is |
| 10 | | also
conducting its own
race meeting during the |
| 11 | | same dates, then the purse allocation shall be as
|
| 12 | | follows: 50% to purses at the track where the |
| 13 | | races wagered on are
being conducted; 50% to |
| 14 | | purses at the track where the inter-track
wagering |
| 15 | | licensee is accepting such wagers.
|
| 16 | | (iii) If the inter-track wagering is being |
| 17 | | conducted by an inter-track
wagering location |
| 18 | | licensee, except an inter-track wagering location |
| 19 | | licensee
that derives its license from an |
| 20 | | organization licensee located in a
county with a |
| 21 | | population in excess of 230,000 and bounded by the |
| 22 | | Mississippi
River, the entire purse allocation for |
| 23 | | Illinois races shall
be to purses at the track |
| 24 | | where the race meeting being wagered on is being
|
| 25 | | held.
|
| 26 | | (12) The Board shall have all powers necessary and |
|
| | HB5501 | - 1527 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | proper to fully
supervise and control the conduct of
|
| 2 | | inter-track wagering and simulcast
wagering by inter-track |
| 3 | | wagering licensees and inter-track wagering location
|
| 4 | | licensees, including, but not
limited to, the following:
|
| 5 | | (A) The Board is vested with power to promulgate |
| 6 | | reasonable rules and
regulations for the purpose of |
| 7 | | administering the
conduct of this
wagering and to |
| 8 | | prescribe reasonable rules, regulations and conditions |
| 9 | | under
which such wagering shall be held and conducted. |
| 10 | | Such rules and regulations
are to provide for the |
| 11 | | prevention of practices detrimental to the public
|
| 12 | | interest and for
the best interests of said wagering |
| 13 | | and to impose penalties
for violations thereof.
|
| 14 | | (B) The Board, and any person or persons to whom it |
| 15 | | delegates this
power, is vested with the power to |
| 16 | | enter the
facilities of any licensee to determine |
| 17 | | whether there has been
compliance with the provisions |
| 18 | | of this Act and the rules and regulations
relating to |
| 19 | | the conduct of such wagering.
|
| 20 | | (C) The Board, and any person or persons to whom it |
| 21 | | delegates this
power, may eject or exclude from any |
| 22 | | licensee's facilities, any person whose
conduct or |
| 23 | | reputation
is such that his presence on such premises |
| 24 | | may, in the opinion of the Board,
call into the |
| 25 | | question the honesty and integrity of, or interfere |
| 26 | | with the
orderly conduct of such wagering; provided, |
|
| | HB5501 | - 1528 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | however, that no person shall
be excluded or ejected |
| 2 | | from such premises solely on the grounds of race,
|
| 3 | | color, creed, national origin, ancestry, or sex.
|
| 4 | | (D) (Blank).
|
| 5 | | (E) The Board is vested with the power to appoint |
| 6 | | delegates to execute
any of the powers granted to it |
| 7 | | under this Section for the purpose of
administering |
| 8 | | this wagering and any
rules and
regulations
|
| 9 | | promulgated in accordance with this Act.
|
| 10 | | (F) The Board shall name and appoint a State |
| 11 | | director of this wagering
who shall be a |
| 12 | | representative of the Board and whose
duty it shall
be |
| 13 | | to supervise the conduct of inter-track wagering as |
| 14 | | may be provided for
by the rules and regulations of the |
| 15 | | Board; such rules and regulation shall
specify the |
| 16 | | method of appointment and the Director's powers, |
| 17 | | authority and
duties.
|
| 18 | | (G) The Board is vested with the power to impose |
| 19 | | civil penalties of up
to $5,000 against individuals |
| 20 | | and up to $10,000 against
licensees for each violation |
| 21 | | of any provision of
this Act relating to the conduct of |
| 22 | | this wagering, any
rules adopted
by the Board, any |
| 23 | | order of the Board or any other action which in the |
| 24 | | Board's
discretion, is a detriment or impediment to |
| 25 | | such wagering.
|
| 26 | | (13) The Department of Agriculture may enter into |
|
| | HB5501 | - 1529 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | agreements with
licensees authorizing such licensees to |
| 2 | | conduct inter-track
wagering on races to be held at the |
| 3 | | licensed race meetings conducted by the
Department of |
| 4 | | Agriculture. Such
agreement shall specify the races of the |
| 5 | | Department of Agriculture's
licensed race meeting upon |
| 6 | | which the licensees will conduct wagering. In the
event |
| 7 | | that a licensee
conducts inter-track pari-mutuel wagering |
| 8 | | on races from the Illinois State Fair
or DuQuoin State |
| 9 | | Fair which are in addition to the licensee's previously
|
| 10 | | approved racing program, those races shall be considered a |
| 11 | | separate racing day
for the
purpose of determining the |
| 12 | | daily handle and computing the privilege or
pari-mutuel |
| 13 | | tax on
that daily handle as provided in Sections 27
and |
| 14 | | 27.1. Such
agreements shall be approved by the Board |
| 15 | | before such wagering may be
conducted. In determining |
| 16 | | whether to grant approval, the Board shall give
due |
| 17 | | consideration to the best interests of the public and of |
| 18 | | horse racing.
The provisions of paragraphs (1), (8), |
| 19 | | (8.1), and (8.2) of
subsection (h) of this
Section which |
| 20 | | are not specified in this paragraph (13) shall not apply |
| 21 | | to
licensed race meetings conducted by the Department of |
| 22 | | Agriculture at the
Illinois State Fair in Sangamon County |
| 23 | | or the DuQuoin State Fair in Perry
County, or to any |
| 24 | | wagering conducted on
those race meetings. |
| 25 | | (14) An inter-track wagering location license |
| 26 | | authorized by the Board in 2016 that is owned and operated |
|
| | HB5501 | - 1530 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | by a race track in Rock Island County shall be transferred |
| 2 | | to a commonly owned race track in Cook County on August 12, |
| 3 | | 2016 (the effective date of Public Act 99-757). The |
| 4 | | licensee shall retain its status in relation to purse |
| 5 | | distribution under paragraph (11) of this subsection (h) |
| 6 | | following the transfer to the new entity. The pari-mutuel |
| 7 | | tax credit under Section 32.1 shall not be applied toward |
| 8 | | any pari-mutuel tax obligation of the inter-track wagering |
| 9 | | location licensee of the license that is transferred under |
| 10 | | this paragraph (14).
|
| 11 | | (i) Notwithstanding the other provisions of this Act, the |
| 12 | | conduct of
wagering at wagering facilities is authorized on |
| 13 | | all days, except as limited by
subsection (b) of Section 19 of |
| 14 | | this Act.
|
| 15 | | (Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19; |
| 16 | | 101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff. |
| 17 | | 8-20-21; revised 12-2-21.)
|
| 18 | | (230 ILCS 5/28) (from Ch. 8, par. 37-28)
|
| 19 | | Sec. 28. Except as provided in subsection (g) of Section |
| 20 | | 27 of this Act,
moneys collected shall be distributed |
| 21 | | according to the provisions of this
Section 28.
|
| 22 | | (a) Thirty
per cent of the total of all monies received
by |
| 23 | | the State as privilege taxes shall be paid into the |
| 24 | | Metropolitan Exposition,
Auditorium and Office Building Fund |
| 25 | | in the State treasury Treasury until such Fund is repealed, |
|
| | HB5501 | - 1531 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and thereafter shall be paid into the General Revenue Fund in |
| 2 | | the State treasury Treasury.
|
| 3 | | (b) In addition, 4.5% of the total of all monies received
|
| 4 | | by the State as privilege taxes shall be paid into the State |
| 5 | | treasury
into the Metropolitan Exposition,
Auditorium and |
| 6 | | Office Building Fund until such Fund is repealed, and |
| 7 | | thereafter shall be paid into the General Revenue Fund in the |
| 8 | | State treasury Treasury.
|
| 9 | | (c) Fifty per cent of the total of all monies received by |
| 10 | | the State
as privilege taxes under the provisions of this Act |
| 11 | | shall be paid into
the Agricultural Premium Fund.
|
| 12 | | (d) Seven per cent of the total of all monies received by |
| 13 | | the State
as privilege taxes shall be paid into the Fair and |
| 14 | | Exposition Fund in
the State treasury; provided, however, that |
| 15 | | when all bonds issued prior to
July 1, 1984 by the Metropolitan |
| 16 | | Fair and Exposition Authority shall have
been paid or payment |
| 17 | | shall have been provided for upon a refunding of those
bonds, |
| 18 | | thereafter 1/12 of $1,665,662 of such monies shall be paid |
| 19 | | each
month into the Build Illinois Fund, and the remainder |
| 20 | | into the Fair and
Exposition Fund. All excess monies shall be |
| 21 | | allocated to the Department of
Agriculture for distribution to |
| 22 | | county fairs for premiums and
rehabilitation as set forth in |
| 23 | | the Agricultural Fair Act.
|
| 24 | | (e) The monies provided for in Section 30 shall be paid |
| 25 | | into the
Illinois Thoroughbred Breeders Fund.
|
| 26 | | (f) The monies provided for in Section 31 shall be paid |
|
| | HB5501 | - 1532 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | into the
Illinois Standardbred Breeders Fund.
|
| 2 | | (g) Until January 1, 2000, that part representing
1/2 of |
| 3 | | the total breakage in Thoroughbred,
Harness, Appaloosa, |
| 4 | | Arabian, and Quarter Horse racing in the State shall
be paid |
| 5 | | into the Illinois Race Track Improvement Fund as established
|
| 6 | | in Section 32.
|
| 7 | | (h) All other monies received by the Board under this Act |
| 8 | | shall be
paid into the Horse Racing Fund.
|
| 9 | | (i) The salaries of the Board members, secretary, |
| 10 | | stewards,
directors of mutuels, veterinarians, |
| 11 | | representatives, accountants,
clerks, stenographers, |
| 12 | | inspectors and other employees of the Board, and
all expenses |
| 13 | | of the Board incident to the administration of this Act,
|
| 14 | | including, but not limited to, all expenses and salaries |
| 15 | | incident to the
taking of saliva and urine samples in |
| 16 | | accordance with the rules and
regulations of the Board shall |
| 17 | | be paid out of the Agricultural Premium
Fund.
|
| 18 | | (j) The Agricultural Premium Fund shall also be used:
|
| 19 | | (1) for the expenses of operating the Illinois State |
| 20 | | Fair and the
DuQuoin State Fair, including the
payment of |
| 21 | | prize money or premiums;
|
| 22 | | (2) for the distribution to county fairs, vocational |
| 23 | | agriculture
section fairs, agricultural societies, and |
| 24 | | agricultural extension clubs
in accordance with the |
| 25 | | Agricultural Fair Act, as
amended;
|
| 26 | | (3) for payment of prize monies and premiums awarded |
|
| | HB5501 | - 1533 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and for
expenses incurred in connection with the |
| 2 | | International Livestock
Exposition and the Mid-Continent |
| 3 | | Livestock Exposition held in Illinois,
which premiums, and |
| 4 | | awards must be approved, and paid by the Illinois
|
| 5 | | Department of Agriculture;
|
| 6 | | (4) for personal service of county agricultural |
| 7 | | advisors and county
home advisors;
|
| 8 | | (5) for distribution to agricultural home economic |
| 9 | | extension
councils in accordance with "An Act in relation |
| 10 | | to additional support
and finance for the Agricultural and |
| 11 | | Home Economic Extension Councils in
the several counties |
| 12 | | in this State and making an appropriation
therefor", |
| 13 | | approved July 24, 1967, as amended;
|
| 14 | | (6) for research on equine disease, including a |
| 15 | | development center
therefor;
|
| 16 | | (7) for training scholarships for study on equine |
| 17 | | diseases to
students at the University of Illinois College |
| 18 | | of Veterinary Medicine;
|
| 19 | | (8) for the rehabilitation, repair and maintenance of
|
| 20 | | the Illinois and DuQuoin State Fair Grounds and
the |
| 21 | | structures and facilities thereon and the construction of |
| 22 | | permanent
improvements on such Fair Grounds, including |
| 23 | | such structures, facilities and
property located on such
|
| 24 | | State Fair Grounds which are under the custody and control |
| 25 | | of the
Department of Agriculture;
|
| 26 | | (9) (blank);
|
|
| | HB5501 | - 1534 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (10) for the expenses of the Department of Commerce |
| 2 | | and Economic Opportunity under Sections
605-620, 605-625, |
| 3 | | and
605-630 of the Department of Commerce and Economic |
| 4 | | Opportunity Law;
|
| 5 | | (11) for remodeling, expanding, and reconstructing |
| 6 | | facilities
destroyed by fire of any Fair and Exposition |
| 7 | | Authority in counties with
a population of 1,000,000 or |
| 8 | | more inhabitants;
|
| 9 | | (12) for the purpose of assisting in the care and |
| 10 | | general
rehabilitation of veterans with disabilities of |
| 11 | | any war and their surviving
spouses and orphans;
|
| 12 | | (13) for expenses of the Illinois State Police for |
| 13 | | duties
performed under this Act;
|
| 14 | | (14) for the Department of Agriculture for soil |
| 15 | | surveys and soil and water
conservation purposes;
|
| 16 | | (15) for the Department of Agriculture for grants to |
| 17 | | the City of Chicago
for conducting the Chicagofest;
|
| 18 | | (16) for the State Comptroller for grants and |
| 19 | | operating expenses authorized by the Illinois Global |
| 20 | | Partnership Act.
|
| 21 | | (k) To the extent that monies paid by the Board to the |
| 22 | | Agricultural
Premium Fund are in the opinion of the Governor |
| 23 | | in excess of the amount
necessary for the purposes herein |
| 24 | | stated, the Governor shall notify the
Comptroller and the |
| 25 | | State Treasurer of such fact, who, upon receipt of
such |
| 26 | | notification, shall transfer such excess monies from the
|
|
| | HB5501 | - 1535 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Agricultural Premium Fund to the General Revenue Fund.
|
| 2 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
| 3 | | revised 10-14-21.)
|
| 4 | | Section 495. The Illinois Gambling Act is amended by |
| 5 | | changing Sections 6 and 18 as follows:
|
| 6 | | (230 ILCS 10/6) (from Ch. 120, par. 2406)
|
| 7 | | Sec. 6. Application for owners license.
|
| 8 | | (a) A qualified person may
apply to the Board for an owners |
| 9 | | license to
conduct a gambling operation as provided in this |
| 10 | | Act. The
application shall be made on forms provided by the |
| 11 | | Board and shall contain
such information as the Board |
| 12 | | prescribes, including, but not limited to, the
identity of the |
| 13 | | riverboat on which such gambling operation is to be
conducted, |
| 14 | | if applicable, and the exact location where such riverboat or |
| 15 | | casino will be located, a
certification that the riverboat |
| 16 | | will be registered under this Act at all
times during which |
| 17 | | gambling operations are conducted on board, detailed
|
| 18 | | information regarding the ownership and management of the |
| 19 | | applicant, and
detailed personal information regarding the |
| 20 | | applicant. Any application for an
owners license to be |
| 21 | | re-issued on or after June 1, 2003 shall also
include the |
| 22 | | applicant's license bid in a form prescribed by the Board.
|
| 23 | | Information
provided on the application shall be used as a |
| 24 | | basis for a thorough
background investigation which the Board |
|
| | HB5501 | - 1536 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall conduct with respect to each
applicant. An incomplete |
| 2 | | application shall be cause for denial of a license
by the |
| 3 | | Board.
|
| 4 | | (a-5) In addition to any other information required under |
| 5 | | this Section, each application for an owners license must |
| 6 | | include the following information: |
| 7 | | (1) The history and success of the applicant and each |
| 8 | | person and entity disclosed under subsection (c) of this |
| 9 | | Section in developing tourism facilities ancillary to |
| 10 | | gaming, if applicable. |
| 11 | | (2) The likelihood that granting a license to the |
| 12 | | applicant will lead to the creation of quality, living |
| 13 | | wage jobs and permanent, full-time jobs for residents of |
| 14 | | the State and residents of the unit of local government |
| 15 | | that is designated as the home dock of the proposed |
| 16 | | facility where gambling is to be conducted by the |
| 17 | | applicant. |
| 18 | | (3) The projected number of jobs that would be created |
| 19 | | if the license is granted and the projected number of new |
| 20 | | employees at the proposed facility where gambling is to be |
| 21 | | conducted by the applicant. |
| 22 | | (4) The record, if any, of the applicant and its |
| 23 | | developer in meeting commitments to local agencies, |
| 24 | | community-based organizations, and employees at other |
| 25 | | locations where the applicant or its developer has |
| 26 | | performed similar functions as they would perform if the |
|
| | HB5501 | - 1537 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | applicant were granted a license. |
| 2 | | (5) Identification of adverse effects that might be |
| 3 | | caused by the proposed facility where gambling is to be |
| 4 | | conducted by the applicant, including the costs of meeting |
| 5 | | increased demand for public health care, child care, |
| 6 | | public transportation, affordable housing, and social |
| 7 | | services, and a plan to mitigate those adverse effects. |
| 8 | | (6) The record, if any, of the applicant and its |
| 9 | | developer regarding compliance with: |
| 10 | | (A) federal, state, and local discrimination, wage |
| 11 | | and hour, disability, and occupational and |
| 12 | | environmental health and safety laws; and |
| 13 | | (B) state and local labor relations and employment |
| 14 | | laws. |
| 15 | | (7) The applicant's record, if any, in dealing with |
| 16 | | its employees and their representatives at other |
| 17 | | locations. |
| 18 | | (8) A plan concerning the utilization of |
| 19 | | minority-owned and women-owned businesses and concerning |
| 20 | | the hiring of minorities and women. |
| 21 | | (9) Evidence the applicant used its best efforts to |
| 22 | | reach a goal of 25% ownership representation by minority |
| 23 | | persons and 5% ownership representation by women. |
| 24 | | (10) Evidence the applicant has entered into a fully |
| 25 | | executed project labor agreement with the applicable local |
| 26 | | building trades council. For any pending application |
|
| | HB5501 | - 1538 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | before the Board on June 10, 2021 (the effective date of |
| 2 | | Public Act 102-13) this amendatory Act of the 102nd |
| 3 | | General Assembly, the applicant shall submit evidence |
| 4 | | complying with this paragraph within 30 days after June |
| 5 | | 10, 2021 (the effective date of Public Act 102-13) this |
| 6 | | amendatory Act of the 102nd General Assembly. The Board |
| 7 | | shall not award any pending applications until the |
| 8 | | applicant has submitted this information. |
| 9 | | (b) Applicants shall submit with their application all |
| 10 | | documents,
resolutions, and letters of support from the |
| 11 | | governing body that represents
the municipality or county |
| 12 | | wherein the licensee will be located.
|
| 13 | | (c) Each applicant shall disclose the identity of every |
| 14 | | person or entity having a greater than 1% direct or
indirect |
| 15 | | pecuniary interest in the gambling operation with
respect to |
| 16 | | which the license is sought. If the disclosed entity is a
|
| 17 | | trust, the application shall disclose the names and addresses |
| 18 | | of all
beneficiaries; if a corporation, the names and
|
| 19 | | addresses of all stockholders and directors; if a partnership, |
| 20 | | the names
and addresses of all partners, both general and |
| 21 | | limited.
|
| 22 | | (d) An application shall be filed and considered in |
| 23 | | accordance with the rules of the Board. Each application shall |
| 24 | | be accompanied by a nonrefundable
application fee of $250,000. |
| 25 | | In addition, a nonrefundable fee of $50,000 shall be paid at |
| 26 | | the time of filing
to defray the costs associated with the
|
|
| | HB5501 | - 1539 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | background investigation conducted by the Board. If the costs |
| 2 | | of the
investigation exceed $50,000, the applicant shall pay |
| 3 | | the additional amount
to the Board within 7 days after |
| 4 | | requested by the Board. If the costs of the investigation are |
| 5 | | less than $50,000, the
applicant shall receive a refund of the |
| 6 | | remaining amount. All
information, records, interviews, |
| 7 | | reports, statements, memoranda, or other
data supplied to or |
| 8 | | used by the Board in the course of its review or
investigation |
| 9 | | of an application for a license or a renewal under this Act |
| 10 | | shall be
privileged and , strictly confidential and shall be |
| 11 | | used only for the purpose of
evaluating an applicant for a |
| 12 | | license or a renewal. Such information, records, interviews, |
| 13 | | reports,
statements, memoranda, or other data shall not be |
| 14 | | admissible as evidence,
nor discoverable in any action of any |
| 15 | | kind in any court or before any
tribunal, board, agency or |
| 16 | | person, except for any action deemed necessary
by the Board. |
| 17 | | The application fee shall be deposited into the State Gaming |
| 18 | | Fund.
|
| 19 | | (e) The Board shall charge each applicant a fee set by the |
| 20 | | Illinois
State Police to defray the costs associated with the |
| 21 | | search and
classification of fingerprints obtained by the |
| 22 | | Board with respect to the
applicant's application. These fees |
| 23 | | shall be paid into the State Police
Services Fund. In order to |
| 24 | | expedite the application process, the Board may establish |
| 25 | | rules allowing applicants to acquire criminal background |
| 26 | | checks and financial integrity reviews as part of the initial |
|
| | HB5501 | - 1541 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any of the
following:
|
| 2 | | (1) permitting a person under 21 years to make a |
| 3 | | wager; or
|
| 4 | | (2) violating paragraph (12) of subsection (a) of |
| 5 | | Section 11 of this Act.
|
| 6 | | (c) A person wagering or accepting a wager at any location |
| 7 | | outside the
riverboat, casino, or organization gaming facility |
| 8 | | in violation of paragraph (1) or (2) of
subsection (a) of |
| 9 | | Section 28-1 of the Criminal Code of 2012 is subject to the |
| 10 | | penalties provided in that Section.
|
| 11 | | (d) A person commits a Class 4 felony and, in addition, |
| 12 | | shall be barred
for life from gambling operations under the |
| 13 | | jurisdiction of the
Board, if the person does any of the |
| 14 | | following:
|
| 15 | | (1) Offers, promises, or gives anything of value or |
| 16 | | benefit to a person
who is connected with a riverboat or |
| 17 | | casino owner or organization gaming licensee, including, |
| 18 | | but
not limited to, an officer or employee of a licensed |
| 19 | | owner, organization gaming licensee, or holder of an
|
| 20 | | occupational license pursuant to an agreement or |
| 21 | | arrangement or with the
intent that the promise or thing |
| 22 | | of value or benefit will influence the
actions of the |
| 23 | | person to whom the offer, promise, or gift was made in |
| 24 | | order
to affect or attempt to affect the outcome of a |
| 25 | | gambling game, or to
influence official action of a member |
| 26 | | of the Board.
|
|
| | HB5501 | - 1542 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) Solicits or knowingly accepts or receives a |
| 2 | | promise of anything of
value or benefit while the person |
| 3 | | is connected with a riverboat, casino, or organization |
| 4 | | gaming facility,
including, but not limited to, an officer |
| 5 | | or employee of a licensed owner or organization gaming |
| 6 | | licensee,
or the holder of an occupational license, |
| 7 | | pursuant to an understanding or
arrangement or with the |
| 8 | | intent that the promise or thing of value or
benefit will |
| 9 | | influence the actions of the person to affect or attempt |
| 10 | | to
affect the outcome of a gambling game, or to influence |
| 11 | | official action of a
member of the Board.
|
| 12 | | (3) Uses or possesses with the intent to use a device |
| 13 | | to assist:
|
| 14 | | (i) In projecting the outcome of the game.
|
| 15 | | (ii) In keeping track of the cards played.
|
| 16 | | (iii) In analyzing the probability of the |
| 17 | | occurrence of an event
relating to the gambling game.
|
| 18 | | (iv) In analyzing the strategy for playing or |
| 19 | | betting to be used in the
game except as permitted by |
| 20 | | the Board.
|
| 21 | | (4) Cheats at a gambling game.
|
| 22 | | (5) Manufactures, sells, or distributes any cards, |
| 23 | | chips, dice, game or
device which is intended to be used to |
| 24 | | violate any provision of this Act.
|
| 25 | | (6) Alters or misrepresents the outcome of a gambling |
| 26 | | game on which
wagers have been made after the outcome is |
|
| | HB5501 | - 1543 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | made sure but before it is
revealed to the players.
|
| 2 | | (7) Places a bet after acquiring knowledge, not |
| 3 | | available to all players,
of the outcome of the gambling |
| 4 | | game which is the subject of the bet or to aid a
person in |
| 5 | | acquiring the knowledge for the purpose of placing a bet
|
| 6 | | contingent on that outcome.
|
| 7 | | (8) Claims, collects, or takes, or attempts to claim, |
| 8 | | collect, or take,
money or anything of value in or from the |
| 9 | | gambling games, with intent to
defraud, without having |
| 10 | | made a wager contingent on winning a gambling game,
or |
| 11 | | claims, collects, or takes an amount of money or thing of |
| 12 | | value of
greater value than the amount won.
|
| 13 | | (9) Uses counterfeit chips or tokens in a gambling |
| 14 | | game.
|
| 15 | | (10) Possesses any key or device designed for the |
| 16 | | purpose of opening,
entering, or affecting the operation |
| 17 | | of a gambling game, drop box, or an
electronic or |
| 18 | | mechanical device connected with the gambling game or for
|
| 19 | | removing coins, tokens, chips or other contents of a |
| 20 | | gambling game. This
paragraph (10) does not apply to a |
| 21 | | gambling licensee or employee of a
gambling licensee |
| 22 | | acting in furtherance of the employee's employment.
|
| 23 | | (e) The possession of more than one of the devices |
| 24 | | described in
subsection (d), paragraphs (3), (5), and or (10) |
| 25 | | of subsection (d) permits a rebuttable
presumption that the |
| 26 | | possessor intended to use the devices for cheating.
|
|
| | HB5501 | - 1544 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (f) A person under the age of 21 who, except as authorized |
| 2 | | under paragraph (10) of Section 11, enters upon a riverboat or |
| 3 | | in a casino or organization gaming facility commits a petty |
| 4 | | offense and is subject to a fine of not less than $100 or more |
| 5 | | than $250 for a first offense and of not less than $200 or more |
| 6 | | than $500 for a second or subsequent offense. |
| 7 | | An action to prosecute any crime occurring on a riverboat
|
| 8 | | shall be tried in the county of the dock at which the riverboat |
| 9 | | is based. An action to prosecute any crime occurring in a |
| 10 | | casino or organization gaming facility
shall be tried in the |
| 11 | | county in which the casino or organization gaming facility is |
| 12 | | located.
|
| 13 | | (Source: P.A. 101-31, eff. 6-28-19; revised 12-2-21.)
|
| 14 | | Section 500. The Liquor Control Act of 1934 is amended by |
| 15 | | changing Sections 3-12 and 6-5 and by setting forth and |
| 16 | | renumbering multiple versions of Section 6-37 as follows:
|
| 17 | | (235 ILCS 5/3-12)
|
| 18 | | Sec. 3-12. Powers and duties of State Commission.
|
| 19 | | (a) The State Commission shall have the following powers, |
| 20 | | functions, and
duties:
|
| 21 | | (1) To receive applications and to issue licenses to |
| 22 | | manufacturers,
foreign importers, importing distributors, |
| 23 | | distributors, non-resident dealers,
on premise consumption |
| 24 | | retailers, off premise sale retailers, special event
|
|
| | HB5501 | - 1545 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | retailer licensees, special use permit licenses, auction |
| 2 | | liquor licenses, brew
pubs, caterer retailers, |
| 3 | | non-beverage users, railroads, including owners and
|
| 4 | | lessees of sleeping, dining and cafe cars, airplanes, |
| 5 | | boats, brokers, and wine
maker's premises licensees in |
| 6 | | accordance with the provisions of this Act, and
to suspend |
| 7 | | or revoke such licenses upon the State Commission's |
| 8 | | determination,
upon notice after hearing, that a licensee |
| 9 | | has violated any provision of this
Act or any rule or |
| 10 | | regulation issued pursuant thereto and in effect for 30 |
| 11 | | days
prior to such violation. Except in the case of an |
| 12 | | action taken pursuant to a
violation of Section 6-3, 6-5, |
| 13 | | or 6-9, any action by the State Commission to
suspend or |
| 14 | | revoke a licensee's license may be limited to the license |
| 15 | | for the
specific premises where the violation occurred.
An |
| 16 | | action for a violation of this Act shall be commenced by |
| 17 | | the State Commission within 2 years after the date the |
| 18 | | State Commission becomes aware of the violation.
|
| 19 | | In lieu of suspending or revoking a license, the |
| 20 | | commission may impose
a fine, upon the State Commission's |
| 21 | | determination and notice after hearing,
that a licensee |
| 22 | | has violated any provision of this Act or any rule or
|
| 23 | | regulation issued pursuant thereto and in effect for 30 |
| 24 | | days prior to such
violation. |
| 25 | | For the purpose of this paragraph (1), when |
| 26 | | determining multiple violations for the sale of alcohol to |
|
| | HB5501 | - 1546 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a person under the age of 21, a second or subsequent |
| 2 | | violation for the sale of alcohol to a person under the age |
| 3 | | of 21 shall only be considered if it was committed within 5 |
| 4 | | years after the date when a prior violation for the sale of |
| 5 | | alcohol to a person under the age of 21 was committed. |
| 6 | | The fine imposed under this paragraph may not exceed |
| 7 | | $500 for each
violation. Each day that the activity, which |
| 8 | | gave rise to the original fine,
continues is a separate |
| 9 | | violation. The maximum fine that may be levied against
any |
| 10 | | licensee, for the period of the license, shall not exceed |
| 11 | | $20,000.
The maximum penalty that may be imposed on a |
| 12 | | licensee for selling a bottle of
alcoholic liquor with a |
| 13 | | foreign object in it or serving from a bottle of
alcoholic |
| 14 | | liquor with a foreign object in it shall be the |
| 15 | | destruction of that
bottle of alcoholic liquor for the |
| 16 | | first 10 bottles so sold or served from by
the licensee. |
| 17 | | For the eleventh bottle of alcoholic liquor and for each |
| 18 | | third
bottle thereafter sold or served from by the |
| 19 | | licensee with a foreign object in
it, the maximum penalty |
| 20 | | that may be imposed on the licensee is the destruction
of |
| 21 | | the bottle of alcoholic liquor and a fine of up to $50.
|
| 22 | | Any notice issued by the State Commission to a |
| 23 | | licensee for a violation of this Act or any notice with |
| 24 | | respect to settlement or offer in compromise shall include |
| 25 | | the field report, photographs, and any other supporting |
| 26 | | documentation necessary to reasonably inform the licensee |
|
| | HB5501 | - 1547 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the nature and extent of the violation or the conduct |
| 2 | | alleged to have occurred. The failure to include such |
| 3 | | required documentation shall result in the dismissal of |
| 4 | | the action. |
| 5 | | (2) To adopt such rules and regulations consistent |
| 6 | | with the
provisions of this Act which shall be necessary |
| 7 | | to carry on its
functions and duties to the end that the |
| 8 | | health, safety and welfare of
the People of the State of |
| 9 | | Illinois shall be protected and temperance in
the |
| 10 | | consumption of alcoholic liquors shall be fostered and |
| 11 | | promoted and
to distribute copies of such rules and |
| 12 | | regulations to all licensees
affected thereby.
|
| 13 | | (3) To call upon other administrative departments of |
| 14 | | the State,
county and municipal governments, county and |
| 15 | | city police departments and
upon prosecuting officers for |
| 16 | | such information and assistance as it
deems necessary in |
| 17 | | the performance of its duties.
|
| 18 | | (4) To recommend to local commissioners rules and |
| 19 | | regulations, not
inconsistent with the law, for the |
| 20 | | distribution and sale of alcoholic
liquors throughout the |
| 21 | | State.
|
| 22 | | (5) To inspect, or cause to be inspected, any
premises |
| 23 | | in this State
where alcoholic liquors are manufactured, |
| 24 | | distributed, warehoused, or
sold. Nothing in this Act
|
| 25 | | authorizes an agent of the State Commission to inspect |
| 26 | | private
areas within the premises without reasonable |
|
| | HB5501 | - 1548 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | suspicion or a warrant
during an inspection. "Private |
| 2 | | areas" include, but are not limited to, safes, personal |
| 3 | | property, and closed desks.
|
| 4 | | (5.1) Upon receipt of a complaint or upon having |
| 5 | | knowledge that any person
is engaged in business as a |
| 6 | | manufacturer, importing distributor, distributor,
or |
| 7 | | retailer without a license or valid license, to conduct an |
| 8 | | investigation. If, after conducting an investigation, the |
| 9 | | State Commission is satisfied that the alleged conduct |
| 10 | | occurred or is occurring, it may issue a cease and desist |
| 11 | | notice as provided in this Act, impose civil penalties as |
| 12 | | provided in this Act, notify the local liquor
authority, |
| 13 | | or file a complaint with the State's Attorney's Office of |
| 14 | | the county
where the incident occurred or the Attorney |
| 15 | | General.
|
| 16 | | (5.2) Upon receipt of a complaint or upon having |
| 17 | | knowledge that any person is shipping alcoholic
liquor
|
| 18 | | into this State from a point outside of this State if the |
| 19 | | shipment is in
violation of this Act, to conduct an |
| 20 | | investigation. If, after conducting an investigation, the |
| 21 | | State Commission is satisfied that the alleged conduct |
| 22 | | occurred or is occurring, it may issue a cease and desist |
| 23 | | notice as provided in this Act, impose civil penalties as |
| 24 | | provided in this Act, notify the foreign jurisdiction, or |
| 25 | | file a complaint with the State's Attorney's Office of the |
| 26 | | county where the incident occurred or the Attorney |
|
| | HB5501 | - 1549 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | General.
|
| 2 | | (5.3) To receive complaints from licensees, local |
| 3 | | officials, law
enforcement agencies, organizations, and |
| 4 | | persons stating that any licensee has
been or is violating |
| 5 | | any provision of this Act or the rules and regulations
|
| 6 | | issued pursuant to this Act. Such complaints shall be in |
| 7 | | writing, signed and
sworn to by the person making the |
| 8 | | complaint, and shall state with specificity
the facts in |
| 9 | | relation to the alleged violation. If the State Commission |
| 10 | | has
reasonable grounds to believe that the complaint |
| 11 | | substantially alleges a
violation of this Act or rules and |
| 12 | | regulations adopted pursuant to this Act, it
shall conduct |
| 13 | | an investigation. If, after conducting an investigation, |
| 14 | | the
State Commission is satisfied that the alleged |
| 15 | | violation did occur, it shall proceed
with disciplinary |
| 16 | | action against the licensee as provided in this Act.
|
| 17 | | (5.4) To make arrests and issue notices of civil |
| 18 | | violations where necessary for the enforcement of this |
| 19 | | Act. |
| 20 | | (5.5) To investigate any and all unlicensed activity. |
| 21 | | (5.6) To impose civil penalties or fines to any person |
| 22 | | who, without holding a valid license, engages in conduct |
| 23 | | that requires a license pursuant to this Act, in an amount |
| 24 | | not to exceed $20,000 for each offense as determined by |
| 25 | | the State Commission. A civil penalty shall be assessed by |
| 26 | | the State Commission after a hearing is held in accordance |
|
| | HB5501 | - 1550 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with the provisions set forth in this Act regarding the |
| 2 | | provision of a hearing for the revocation or suspension of |
| 3 | | a license. |
| 4 | | (6) To hear and determine appeals from orders of a |
| 5 | | local commission
in accordance with the provisions of this |
| 6 | | Act, as hereinafter set forth.
Hearings under this |
| 7 | | subsection shall be held in Springfield or Chicago,
at |
| 8 | | whichever location is the more convenient for the majority |
| 9 | | of persons
who are parties to the hearing.
|
| 10 | | (7) The State Commission shall establish uniform |
| 11 | | systems of accounts to be
kept by all retail licensees |
| 12 | | having more than 4 employees, and for this
purpose the |
| 13 | | State Commission may classify all retail licensees having |
| 14 | | more
than 4 employees and establish a uniform system of |
| 15 | | accounts for each
class and prescribe the manner in which |
| 16 | | such accounts shall be kept.
The State Commission may also |
| 17 | | prescribe the forms of accounts to be kept by
all retail |
| 18 | | licensees having more than 4 employees, including, but not
|
| 19 | | limited to, accounts of earnings and expenses and any |
| 20 | | distribution,
payment, or other distribution of earnings |
| 21 | | or assets, and any other
forms, records, and memoranda |
| 22 | | which in the judgment of the commission may
be necessary |
| 23 | | or appropriate to carry out any of the provisions of this
|
| 24 | | Act, including, but not limited to, such forms, records, |
| 25 | | and memoranda as
will readily and accurately disclose at |
| 26 | | all times the beneficial
ownership of such retail licensed |
|
| | HB5501 | - 1551 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | business. The accounts, forms,
records, and memoranda |
| 2 | | shall be available at all reasonable times for
inspection |
| 3 | | by authorized representatives of the State Commission or |
| 4 | | by
any local liquor control commissioner or his or her |
| 5 | | authorized representative.
The commission may, from time |
| 6 | | to time, alter, amend, or repeal, in whole
or in part, any |
| 7 | | uniform system of accounts, or the form and manner of
|
| 8 | | keeping accounts.
|
| 9 | | (8) In the conduct of any hearing authorized to be |
| 10 | | held by the State Commission, to appoint, at the |
| 11 | | commission's discretion, hearing officers
to conduct |
| 12 | | hearings involving complex issues or issues that will |
| 13 | | require a
protracted period of time to resolve, to |
| 14 | | examine, or cause to be examined,
under oath, any |
| 15 | | licensee, and to examine or cause to be examined the books |
| 16 | | and
records
of such licensee; to hear testimony and take |
| 17 | | proof material for its
information in the discharge of its |
| 18 | | duties hereunder; to administer or
cause to be |
| 19 | | administered oaths; for any such purpose to issue
subpoena |
| 20 | | or subpoenas to require the attendance of witnesses and |
| 21 | | the
production of books, which shall be effective in any |
| 22 | | part of this State, and
to adopt rules to implement its |
| 23 | | powers under this paragraph (8).
|
| 24 | | Any circuit court may, by order duly entered,
require |
| 25 | | the attendance of witnesses and the production of relevant |
| 26 | | books
subpoenaed by the State Commission and the court may |
|
| | HB5501 | - 1552 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | compel
obedience to its order by proceedings for contempt.
|
| 2 | | (9) To investigate the administration of laws in |
| 3 | | relation to
alcoholic liquors in this and other states and |
| 4 | | any foreign countries,
and to recommend from time to time |
| 5 | | to the Governor and through him or
her to the legislature |
| 6 | | of this State, such amendments to this Act, if any, as
it |
| 7 | | may think desirable and as will serve to further the |
| 8 | | general broad
purposes contained in Section 1-2 hereof.
|
| 9 | | (10) To adopt such rules and regulations consistent |
| 10 | | with the
provisions of this Act which shall be necessary |
| 11 | | for the control, sale, or
disposition of alcoholic liquor |
| 12 | | damaged as a result of an accident, wreck,
flood, fire, or |
| 13 | | other similar occurrence.
|
| 14 | | (11) To develop industry educational programs related |
| 15 | | to responsible
serving and selling, particularly in the |
| 16 | | areas of overserving consumers and
illegal underage |
| 17 | | purchasing and consumption of alcoholic beverages.
|
| 18 | | (11.1) To license persons providing education and |
| 19 | | training to alcohol
beverage sellers and servers for |
| 20 | | mandatory and non-mandatory training under the
Beverage |
| 21 | | Alcohol Sellers and Servers
Education and Training |
| 22 | | (BASSET) programs and to develop and administer a public
|
| 23 | | awareness program in Illinois to reduce or eliminate the |
| 24 | | illegal purchase and
consumption of alcoholic beverage |
| 25 | | products by persons under the age of 21.
Application for a |
| 26 | | license shall be made on forms provided by the State
|
|
| | HB5501 | - 1554 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | notices and complaints of violations to law
|
| 2 | | enforcement officials, including, without limitation,
|
| 3 | | the Illinois Attorney General and the U.S. Department
|
| 4 | | of Treasury's Alcohol and Tobacco Tax and Trade |
| 5 | | Bureau. |
| 6 | | (15) As a means to reduce the underage consumption of
|
| 7 | | alcoholic liquors, the State Commission shall conduct
|
| 8 | | alcohol compliance operations to investigate whether
|
| 9 | | businesses that are soliciting, selling, and shipping wine
|
| 10 | | from inside or outside of this State directly to residents
|
| 11 | | of this State are licensed by this State or are selling or
|
| 12 | | attempting to sell wine to persons under 21 years of age in
|
| 13 | | violation of this Act. |
| 14 | | (16) The State Commission shall, in addition to
|
| 15 | | notifying any appropriate law enforcement agency, submit
|
| 16 | | notices of complaints or violations of Sections 6-29 and
|
| 17 | | 6-29.1 by persons who do not hold a winery shipper's
|
| 18 | | license under this Act to the Illinois Attorney General |
| 19 | | and
to the U.S. Department of Treasury's Alcohol and |
| 20 | | Tobacco Tax and Trade Bureau. |
| 21 | | (17)(A) A person licensed to make wine under the laws |
| 22 | | of another state who has a winery shipper's license under |
| 23 | | this Act and annually produces less than 25,000 gallons of |
| 24 | | wine or a person who has a first-class or second-class |
| 25 | | wine manufacturer's license, a first-class or second-class |
| 26 | | wine-maker's license, or a limited wine manufacturer's |
|
| | HB5501 | - 1555 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | license under this Act and annually produces less than |
| 2 | | 25,000 gallons of wine may make application to the |
| 3 | | Commission for a self-distribution exemption to allow the |
| 4 | | sale of not more than 5,000 gallons of the exemption |
| 5 | | holder's wine to retail licensees per year and to sell |
| 6 | | cider, mead, or both cider and mead to brewers, class 1 |
| 7 | | brewers, class 2 brewers, and class 3 brewers that, |
| 8 | | pursuant to subsection (e) of Section 6-4 of this Act, |
| 9 | | sell beer, cider, mead, or any combination thereof to |
| 10 | | non-licensees at their breweries. |
| 11 | | (B) In the application, which shall be sworn under |
| 12 | | penalty of perjury, such person shall state (1) the date |
| 13 | | it was established; (2) its volume of production and sales |
| 14 | | for each year since its establishment; (3) its efforts to |
| 15 | | establish distributor relationships; (4) that a |
| 16 | | self-distribution exemption is necessary to facilitate the |
| 17 | | marketing of its wine; and (5) that it will comply with the |
| 18 | | liquor and revenue laws of the United States, this State, |
| 19 | | and any other state where it is licensed. |
| 20 | | (C) The State Commission shall approve the application |
| 21 | | for a self-distribution exemption if such person: (1) is |
| 22 | | in compliance with State revenue and liquor laws; (2) is |
| 23 | | not a member of any affiliated group that produces |
| 24 | | directly or indirectly more than 25,000 gallons of wine |
| 25 | | per annum, 930,000 gallons of beer per annum, or 50,000 |
| 26 | | gallons of spirits per annum; (3) will not annually |
|
| | HB5501 | - 1556 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | produce for sale more than 25,000 gallons of wine, 930,000 |
| 2 | | gallons of beer, or 50,000 gallons of spirits; and (4) |
| 3 | | will not annually sell more than 5,000 gallons of its wine |
| 4 | | to retail licensees. |
| 5 | | (D) A self-distribution exemption holder shall |
| 6 | | annually certify to the State Commission its production of |
| 7 | | wine in the previous 12 months and its anticipated |
| 8 | | production and sales for the next 12 months. The State |
| 9 | | Commission may fine, suspend, or revoke a |
| 10 | | self-distribution exemption after a hearing if it finds |
| 11 | | that the exemption holder has made a material |
| 12 | | misrepresentation in its application, violated a revenue |
| 13 | | or liquor law of Illinois, exceeded production of 25,000 |
| 14 | | gallons of wine, 930,000 gallons of beer, or 50,000 |
| 15 | | gallons of spirits in any calendar year, or become part of |
| 16 | | an affiliated group producing more than 25,000 gallons of |
| 17 | | wine, 930,000 gallons of beer, or 50,000 gallons of |
| 18 | | spirits. |
| 19 | | (E) Except in hearings for violations of this Act or |
| 20 | | Public Act 95-634 or a bona fide investigation by duly |
| 21 | | sworn law enforcement officials, the State Commission, or |
| 22 | | its agents, the State Commission shall maintain the |
| 23 | | production and sales information of a self-distribution |
| 24 | | exemption holder as confidential and shall not release |
| 25 | | such information to any person. |
| 26 | | (F) The State Commission shall issue regulations |
|
| | HB5501 | - 1557 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | governing self-distribution exemptions consistent with |
| 2 | | this Section and this Act. |
| 3 | | (G) Nothing in this paragraph (17) shall prohibit a |
| 4 | | self-distribution exemption holder from entering into or |
| 5 | | simultaneously having a distribution agreement with a |
| 6 | | licensed Illinois distributor. |
| 7 | | (H) It is the intent of this paragraph (17) to promote |
| 8 | | and continue orderly markets. The General Assembly finds |
| 9 | | that, in order to preserve Illinois' regulatory |
| 10 | | distribution system, it is necessary to create an |
| 11 | | exception for smaller makers of wine as their wines are |
| 12 | | frequently adjusted in varietals, mixes, vintages, and |
| 13 | | taste to find and create market niches sometimes too small |
| 14 | | for distributor or importing distributor business |
| 15 | | strategies. Limited self-distribution rights will afford |
| 16 | | and allow smaller makers of wine access to the marketplace |
| 17 | | in order to develop a customer base without impairing the |
| 18 | | integrity of the 3-tier system.
|
| 19 | | (18)(A) A class 1 brewer licensee, who must also be |
| 20 | | either a licensed brewer or licensed non-resident dealer |
| 21 | | and annually manufacture less than 930,000 gallons of |
| 22 | | beer, may make application to the State Commission for a |
| 23 | | self-distribution exemption to allow the sale of not more |
| 24 | | than 232,500 gallons per year of the exemption holder's |
| 25 | | beer to retail licensees and to brewers, class 1 brewers, |
| 26 | | and class 2 brewers that, pursuant to subsection (e) of |
|
| | HB5501 | - 1558 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 6-4 of this Act, sell beer, cider,, mead, or any |
| 2 | | combination thereof to non-licensees at their breweries. |
| 3 | | (B) In the application, which shall be sworn under |
| 4 | | penalty of perjury, the class 1 brewer licensee shall |
| 5 | | state (1) the date it was established; (2) its volume of |
| 6 | | beer manufactured and sold for each year since its |
| 7 | | establishment; (3) its efforts to establish distributor |
| 8 | | relationships; (4) that a self-distribution exemption is |
| 9 | | necessary to facilitate the marketing of its beer; and (5) |
| 10 | | that it will comply with the alcoholic beverage and |
| 11 | | revenue laws of the United States, this State, and any |
| 12 | | other state where it is licensed. |
| 13 | | (C) Any application submitted shall be posted on the |
| 14 | | State Commission's website at least 45 days prior to |
| 15 | | action by the State Commission. The State Commission shall |
| 16 | | approve the application for a self-distribution exemption |
| 17 | | if the class 1 brewer licensee: (1) is in compliance with |
| 18 | | the State, revenue, and alcoholic beverage laws; (2) is |
| 19 | | not a member of any affiliated group that manufactures, |
| 20 | | directly or indirectly, more than 930,000 gallons of beer |
| 21 | | per annum, 25,000 gallons of wine per annum, or 50,000 |
| 22 | | gallons of spirits per annum; (3) shall not annually |
| 23 | | manufacture for sale more than 930,000 gallons of beer, |
| 24 | | 25,000 gallons of wine, or 50,000 gallons of spirits; (4) |
| 25 | | shall not annually sell more than 232,500 gallons of its |
| 26 | | beer to retail licensees and class 3 brewers and to |
|
| | HB5501 | - 1559 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | brewers, class 1 brewers, and class 2 brewers that, |
| 2 | | pursuant to subsection (e) of Section 6-4 of this Act, |
| 3 | | sell beer, cider, mead, or any combination thereof to |
| 4 | | non-licensees at their breweries; and (5) has relinquished |
| 5 | | any brew pub license held by the licensee, including any |
| 6 | | ownership interest it held in the licensed brew pub. |
| 7 | | (D) A self-distribution exemption holder shall |
| 8 | | annually certify to the State Commission its manufacture |
| 9 | | of beer during the previous 12 months and its anticipated |
| 10 | | manufacture and sales of beer for the next 12 months. The |
| 11 | | State Commission may fine, suspend, or revoke a |
| 12 | | self-distribution exemption after a hearing if it finds |
| 13 | | that the exemption holder has made a material |
| 14 | | misrepresentation in its application, violated a revenue |
| 15 | | or alcoholic beverage law of Illinois, exceeded the |
| 16 | | manufacture of 930,000 gallons of beer, 25,000 gallons of |
| 17 | | wine, or 50,000 gallons of spirits in any calendar year or |
| 18 | | became part of an affiliated group manufacturing more than |
| 19 | | 930,000 gallons of beer, 25,000 gallons of wine, or 50,000 |
| 20 | | gallons of spirits. |
| 21 | | (E) The State Commission shall issue rules and |
| 22 | | regulations governing self-distribution exemptions |
| 23 | | consistent with this Act. |
| 24 | | (F) Nothing in this paragraph (18) shall prohibit a |
| 25 | | self-distribution exemption holder from entering into or |
| 26 | | simultaneously having a distribution agreement with a |
|
| | HB5501 | - 1560 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | licensed Illinois importing distributor or a distributor. |
| 2 | | If a self-distribution exemption holder enters into a |
| 3 | | distribution agreement and has assigned distribution |
| 4 | | rights to an importing distributor or distributor, then |
| 5 | | the self-distribution exemption holder's distribution |
| 6 | | rights in the assigned territories shall cease in a |
| 7 | | reasonable time not to exceed 60 days. |
| 8 | | (G) It is the intent of this paragraph (18) to promote |
| 9 | | and continue orderly markets. The General Assembly finds |
| 10 | | that in order to preserve Illinois' regulatory |
| 11 | | distribution system, it is necessary to create an |
| 12 | | exception for smaller manufacturers in order to afford and |
| 13 | | allow such smaller manufacturers of beer access to the |
| 14 | | marketplace in order to develop a customer base without |
| 15 | | impairing the integrity of the 3-tier system. |
| 16 | | (19)(A) A class 1 craft distiller licensee or a |
| 17 | | non-resident dealer who manufactures less than 50,000 |
| 18 | | gallons of distilled spirits per year may make application |
| 19 | | to the State Commission for a self-distribution exemption |
| 20 | | to allow the sale of not more
than 5,000 gallons of the |
| 21 | | exemption holder's spirits to retail licensees per year. |
| 22 | | (B) In the application, which shall be sworn under |
| 23 | | penalty of perjury, the class 1 craft distiller licensee |
| 24 | | or non-resident dealer shall state (1) the date it was |
| 25 | | established; (2) its volume of spirits manufactured and |
| 26 | | sold for each year since its establishment; (3) its |
|
| | HB5501 | - 1561 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | efforts to establish distributor relationships; (4) that a |
| 2 | | self-distribution exemption is necessary to facilitate the |
| 3 | | marketing of its spirits; and (5) that it will comply with |
| 4 | | the alcoholic beverage and revenue laws of the United |
| 5 | | States, this State, and any other state where it is |
| 6 | | licensed. |
| 7 | | (C) Any application submitted shall be posted on the |
| 8 | | State Commission's website at least 45 days prior to |
| 9 | | action by the State Commission. The State Commission shall |
| 10 | | approve the application for a self-distribution exemption |
| 11 | | if the applicant: (1) is in compliance with State revenue |
| 12 | | and alcoholic beverage laws; (2) is not a member of any |
| 13 | | affiliated group that produces more than 50,000 gallons of |
| 14 | | spirits per annum, 930,000 gallons of beer per annum, or |
| 15 | | 25,000 gallons of wine per annum; (3) does not annually |
| 16 | | manufacture for sale more than 50,000 gallons of spirits, |
| 17 | | 930,000 gallons of beer, or 25,000 gallons of wine; and |
| 18 | | (4) does not annually sell more than 5,000 gallons of its |
| 19 | | spirits to retail licensees. |
| 20 | | (D) A self-distribution exemption holder shall |
| 21 | | annually certify to the State Commission its manufacture |
| 22 | | of spirits during the previous 12 months and its |
| 23 | | anticipated manufacture and sales of spirits for the next |
| 24 | | 12 months. The State Commission may fine, suspend, or |
| 25 | | revoke a self-distribution exemption after a hearing if it |
| 26 | | finds that the exemption holder has made a material |
|
| | HB5501 | - 1562 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | misrepresentation in its application, violated a revenue |
| 2 | | or alcoholic beverage law of Illinois, exceeded the |
| 3 | | manufacture of 50,000 gallons of spirits, 930,000 gallons |
| 4 | | of beer, or 25,000 gallons of wine in any calendar year, or |
| 5 | | has become part of an affiliated group manufacturing more |
| 6 | | than 50,000 gallons of spirits, 930,000 gallons of beer, |
| 7 | | or 25,000 gallons of wine. |
| 8 | | (E) The State Commission shall adopt rules governing |
| 9 | | self-distribution exemptions consistent with this Act. |
| 10 | | (F) Nothing in this paragraph (19) shall prohibit a |
| 11 | | self-distribution exemption holder from entering into or |
| 12 | | simultaneously having a distribution agreement with a |
| 13 | | licensed Illinois importing distributor or a distributor. |
| 14 | | (G) It is the intent of this paragraph (19) to promote |
| 15 | | and continue orderly markets. The General Assembly finds |
| 16 | | that in order to preserve Illinois' regulatory |
| 17 | | distribution system, it is necessary to create an |
| 18 | | exception for smaller manufacturers in order to afford and |
| 19 | | allow such smaller manufacturers of spirits access to the |
| 20 | | marketplace in order to develop a customer base without |
| 21 | | impairing the
integrity of the 3-tier system. |
| 22 | | (20)(A) A class 3 brewer licensee who must manufacture |
| 23 | | less than 465,000 gallons of beer in the aggregate and not |
| 24 | | more than 155,000 gallons at any single brewery premises |
| 25 | | may make application to the State Commission for a |
| 26 | | self-distribution exemption to allow the sale of not more |
|
| | HB5501 | - 1563 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | than 6,200 gallons of beer from each in-state or |
| 2 | | out-of-state class 3 brewery premises, which shall not |
| 3 | | exceed 18,600 gallons annually in the aggregate, that is |
| 4 | | manufactured at a wholly owned class 3 brewer's in-state |
| 5 | | or out-of-state licensed premises to retail licensees and |
| 6 | | class 3 brewers and to brewers, class 1 brewers, class 2 |
| 7 | | brewers that, pursuant to subsection (e) of Section 6-4, |
| 8 | | sell beer, cider, or both beer and cider to non-licensees |
| 9 | | at their licensed breweries. |
| 10 | | (B) In the application, which shall be sworn under |
| 11 | | penalty of perjury, the class 3 brewer licensee shall |
| 12 | | state: |
| 13 | | (1) the date it was established; |
| 14 | | (2) its volume of beer manufactured and sold for |
| 15 | | each year since its establishment; |
| 16 | | (3) its efforts to establish distributor |
| 17 | | relationships; |
| 18 | | (4) that a self-distribution exemption is |
| 19 | | necessary to facilitate the marketing of its beer; and |
| 20 | | (5) that it will comply with the alcoholic |
| 21 | | beverage and revenue laws of the United States, this |
| 22 | | State, and any other state where it is licensed. |
| 23 | | (C) Any application submitted shall be posted on the |
| 24 | | State Commission's website at least 45 days before action |
| 25 | | by the State Commission. The State Commission shall |
| 26 | | approve the application for a self-distribution exemption |
|
| | HB5501 | - 1564 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | if the class 3 brewer licensee: (1) is in compliance with |
| 2 | | the State, revenue, and alcoholic beverage laws; (2) is |
| 3 | | not a member of any affiliated group that manufacturers, |
| 4 | | directly or indirectly, more than 465,000 gallons of beer |
| 5 | | per annum; , (3) shall not annually manufacture for sale |
| 6 | | more than 465,000 gallons of beer or more than 155,000 |
| 7 | | gallons at any single brewery premises; and (4) shall not |
| 8 | | annually sell more than 6,200 gallons of beer from each |
| 9 | | in-state or out-of-state class 3 brewery premises, and |
| 10 | | shall not exceed 18,600 gallons annually in the aggregate, |
| 11 | | to retail licensees and class 3 brewers and to brewers, |
| 12 | | class 1 brewers, and class 2 brewers that, pursuant to |
| 13 | | subsection (e) of Section 6-4 of this Act, sell beer, |
| 14 | | cider, or both beer and cider to non-licensees at their |
| 15 | | breweries. |
| 16 | | (D) A self-distribution exemption holder shall |
| 17 | | annually certify to the State Commission its manufacture |
| 18 | | of beer during the previous 12 months and its anticipated |
| 19 | | manufacture and sales of beer for the next 12 months. The |
| 20 | | State Commission may fine, suspend, or revoke a |
| 21 | | self-distribution exemption after a hearing if it finds |
| 22 | | that the exemption holder has made a material |
| 23 | | misrepresentation in its application, violated a revenue |
| 24 | | or alcoholic beverage law of Illinois, exceeded the |
| 25 | | manufacture of 465,000 gallons of beer in any calendar |
| 26 | | year or became part of an affiliated group manufacturing |
|
| | HB5501 | - 1565 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | more than 465,000 gallons of beer, or exceeded the sale to |
| 2 | | retail licensees, brewers, class 1 brewers, class 2 |
| 3 | | brewers, and class 3 brewers of 6,200 gallons per brewery |
| 4 | | location or 18,600 gallons in the aggregate. |
| 5 | | (E) The State Commission may adopt rules governing |
| 6 | | self-distribution exemptions consistent with this Act. |
| 7 | | (F) Nothing in this paragraph shall prohibit a |
| 8 | | self-distribution exemption holder from entering into or |
| 9 | | simultaneously having a distribution agreement with a |
| 10 | | licensed Illinois importing distributor or a distributor. |
| 11 | | If a self-distribution exemption holder enters into a |
| 12 | | distribution agreement and has assigned distribution |
| 13 | | rights to an importing distributor or distributor, then |
| 14 | | the self-distribution exemption holder's distribution |
| 15 | | rights in the assigned territories shall cease in a |
| 16 | | reasonable time not to exceed 60 days. |
| 17 | | (G) It is the intent of this paragraph to promote and |
| 18 | | continue orderly markets. The General Assembly finds that |
| 19 | | in order to preserve Illinois' regulatory distribution |
| 20 | | system, it is necessary to create an exception for smaller |
| 21 | | manufacturers in order to afford and allow such smaller |
| 22 | | manufacturers of beer access to the marketplace in order |
| 23 | | to develop a customer base without impairing the integrity |
| 24 | | of the 3-tier system. |
| 25 | | (b) On or before April 30, 1999, the Commission shall |
| 26 | | present a written
report to the Governor and the General |
|
| | HB5501 | - 1566 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Assembly that shall be based on a study
of the impact of Public |
| 2 | | Act 90-739 on the business of soliciting,
selling, and |
| 3 | | shipping
alcoholic liquor from outside of this State directly |
| 4 | | to residents of this
State.
|
| 5 | | As part of its report, the Commission shall provide the |
| 6 | | following
information:
|
| 7 | | (i) the amount of State excise and sales tax revenues |
| 8 | | generated as a
result of Public Act 90-739;
|
| 9 | | (ii) the amount of licensing fees received as a result |
| 10 | | of Public Act 90-739;
|
| 11 | | (iii) the number of reported violations, the number of |
| 12 | | cease and desist
notices issued by the Commission, the |
| 13 | | number of notices of violations issued
to the Department |
| 14 | | of Revenue, and the number of notices and complaints of
|
| 15 | | violations to law enforcement officials.
|
| 16 | | (Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19; |
| 17 | | 101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff. |
| 18 | | 8-20-21; revised 12-13-21.)
|
| 19 | | (235 ILCS 5/6-5) (from Ch. 43, par. 122)
|
| 20 | | Sec. 6-5.
Except as otherwise provided in this Section, it |
| 21 | | is unlawful
for any person having a retailer's license or
any |
| 22 | | officer, associate, member, representative or agent of such |
| 23 | | licensee
to accept, receive or borrow money, or anything else |
| 24 | | of value, or accept
or receive credit (other than |
| 25 | | merchandising credit in the ordinary
course of business for a |
|
| | HB5501 | - 1567 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | period not to exceed 30 days) directly or
indirectly from any |
| 2 | | manufacturer, importing distributor or distributor
of |
| 3 | | alcoholic liquor, or from any person connected with or in any |
| 4 | | way
representing, or from any member of the family of, such |
| 5 | | manufacturer,
importing distributor, distributor or |
| 6 | | wholesaler, or from any
stockholders in any corporation |
| 7 | | engaged in manufacturing, distributing
or wholesaling of such |
| 8 | | liquor, or from any officer, manager, agent or
representative |
| 9 | | of said manufacturer. Except as provided below, it is
unlawful |
| 10 | | for any manufacturer
or distributor or importing distributor |
| 11 | | to give or lend money or
anything of value, or otherwise loan |
| 12 | | or extend credit (except such
merchandising credit) directly |
| 13 | | or indirectly to any retail licensee or
to the manager, |
| 14 | | representative, agent, officer or director of such
licensee. A |
| 15 | | manufacturer, distributor or importing distributor may furnish
|
| 16 | | free advertising, posters,
signs, brochures, hand-outs, or |
| 17 | | other promotional devices or materials to
any unit of |
| 18 | | government owning or operating any auditorium, exhibition |
| 19 | | hall,
recreation facility or other similar facility holding a |
| 20 | | retailer's license,
provided that the primary purpose of such |
| 21 | | promotional devices or materials
is to promote public events |
| 22 | | being held at such facility. A unit of government
owning or |
| 23 | | operating such a facility holding a retailer's license may |
| 24 | | accept
such promotional devices or materials designed |
| 25 | | primarily to promote public
events held at the facility. No |
| 26 | | retail licensee delinquent beyond the
30 day period specified |
|
| | HB5501 | - 1568 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in this Section shall
solicit, accept or receive credit, |
| 2 | | purchase or acquire alcoholic
liquors, directly or indirectly |
| 3 | | from any other licensee, and no
manufacturer, distributor or |
| 4 | | importing distributor shall knowingly grant
or extend credit, |
| 5 | | sell, furnish or supply alcoholic liquors to any such
|
| 6 | | delinquent retail licensee; provided that the purchase price |
| 7 | | of all beer
sold to a retail licensee shall be paid by the |
| 8 | | retail licensee in cash
on or before delivery of the beer, and |
| 9 | | unless the purchase price payable
by a retail licensee for |
| 10 | | beer sold to him in returnable bottles shall
expressly include |
| 11 | | a charge for the bottles and cases, the retail
licensee shall, |
| 12 | | on or before delivery of such beer, pay the seller in
cash a |
| 13 | | deposit in an amount not less than the deposit required to be
|
| 14 | | paid by the distributor to the brewer; but where the brewer |
| 15 | | sells direct
to the retailer, the deposit shall be an amount no |
| 16 | | less than that
required by the brewer from his own |
| 17 | | distributors; and provided further,
that in no instance shall |
| 18 | | this deposit be less than 50 cents for each
case of beer in |
| 19 | | pint or smaller bottles and 60 cents for each case of
beer in |
| 20 | | quart or half-gallon bottles; and provided further, that the
|
| 21 | | purchase price of all beer sold to an importing distributor or
|
| 22 | | distributor shall be paid by such importing distributor or |
| 23 | | distributor
in cash on or before the 15th day (Sundays and |
| 24 | | holidays excepted) after
delivery of such beer to such |
| 25 | | purchaser; and unless the purchase price
payable by such |
| 26 | | importing distributor or distributor for beer sold in
|
|
| | HB5501 | - 1569 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | returnable bottles and cases shall expressly include a charge |
| 2 | | for the
bottles and cases, such importing distributor or |
| 3 | | distributor shall, on
or before the 15th day (Sundays and |
| 4 | | holidays excepted) after delivery of
such beer to such |
| 5 | | purchaser, pay the seller in cash a required amount as
a |
| 6 | | deposit to assure the return of such bottles and cases. |
| 7 | | Nothing herein
contained shall prohibit any licensee from |
| 8 | | crediting or refunding to a
purchaser the actual amount of |
| 9 | | money paid for bottles, cases, kegs or
barrels returned by the |
| 10 | | purchaser to the seller or paid by the purchaser
as a deposit |
| 11 | | on bottles, cases, kegs or barrels, when such containers or
|
| 12 | | packages are returned to the seller. Nothing herein contained |
| 13 | | shall
prohibit any manufacturer, importing distributor or |
| 14 | | distributor from
extending usual and customary credit for |
| 15 | | alcoholic liquor sold to
customers or purchasers who live in |
| 16 | | or maintain places of business
outside of this State when such |
| 17 | | alcoholic liquor is actually transported
and delivered to such |
| 18 | | points outside of this State.
|
| 19 | | A manufacturer, distributor, or importing distributor may |
| 20 | | furnish free social media advertising to a retail licensee if |
| 21 | | the social media advertisement does not contain the retail |
| 22 | | price of any alcoholic liquor and the social media |
| 23 | | advertisement complies with any applicable rules or |
| 24 | | regulations issued by the Alcohol and Tobacco Tax and Trade |
| 25 | | Bureau of the United States Department of the Treasury. A |
| 26 | | manufacturer, distributor, or importing distributor may list |
|
| | HB5501 | - 1570 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the names of one or more unaffiliated retailers in the |
| 2 | | advertisement of alcoholic liquor through social media. |
| 3 | | Nothing in this Section shall prohibit a retailer from |
| 4 | | communicating with a manufacturer, distributor, or importing |
| 5 | | distributor on social media or sharing media on the social |
| 6 | | media of a manufacturer, distributor, or importing |
| 7 | | distributor. A retailer may request free social media |
| 8 | | advertising from a manufacturer, distributor, or importing |
| 9 | | distributor. Nothing in this Section shall prohibit a |
| 10 | | manufacturer, distributor, or importing distributor from |
| 11 | | sharing, reposting, or otherwise forwarding a social media |
| 12 | | post by a retail licensee, so long as the sharing, reposting, |
| 13 | | or forwarding of the social media post does not contain the |
| 14 | | retail price of any alcoholic liquor. No manufacturer, |
| 15 | | distributor, or importing distributor shall pay or reimburse a |
| 16 | | retailer, directly or indirectly, for any social media |
| 17 | | advertising services, except as specifically permitted in this |
| 18 | | Act. No retailer shall accept any payment or reimbursement, |
| 19 | | directly or indirectly, for any social media advertising |
| 20 | | services offered by a manufacturer, distributor, or importing |
| 21 | | distributor, except as specifically permitted in this Act. For |
| 22 | | the purposes of this Section, "social media" means a service, |
| 23 | | platform, or site where users communicate with one another and |
| 24 | | share media, such as pictures, videos, music, and blogs, with |
| 25 | | other users free of charge. |
| 26 | | No right of action shall exist for the collection of any |
|
| | HB5501 | - 1571 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | claim based
upon credit extended to a distributor, importing |
| 2 | | distributor or retail
licensee contrary to the provisions of |
| 3 | | this Section.
|
| 4 | | Every manufacturer, importing distributor and distributor |
| 5 | | shall
submit or cause to be submitted, to the State |
| 6 | | Commission, in triplicate,
not later than Thursday of each |
| 7 | | calendar week, a verified written list
of the names and |
| 8 | | respective addresses of each retail licensee purchasing
|
| 9 | | spirits or wine from such manufacturer, importing distributor |
| 10 | | or
distributor who, on the first business day of that calendar |
| 11 | | week, was
delinquent beyond the above mentioned permissible |
| 12 | | merchandising credit
period of 30 days; or, if such is the |
| 13 | | fact, a verified written statement
that no retail licensee |
| 14 | | purchasing spirits or wine was then delinquent
beyond such |
| 15 | | permissible merchandising credit period of 30 days.
|
| 16 | | Every manufacturer, importing distributor and distributor |
| 17 | | shall
submit or cause to be submitted, to the State |
| 18 | | Commission, in triplicate,
a verified written list of the |
| 19 | | names and respective addresses of each
previously reported |
| 20 | | delinquent retail licensee who has cured such
delinquency by |
| 21 | | payment, which list shall be submitted not later than the
|
| 22 | | close of the second full business day following the day such |
| 23 | | delinquency
was so cured.
|
| 24 | | The written list of delinquent retail licensees shall be |
| 25 | | developed, administered, and maintained only by the State |
| 26 | | Commission. The State Commission shall notify each retail |
|
| | HB5501 | - 1572 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | licensee that it has been placed on the delinquency list. |
| 2 | | Determinations of delinquency or nondelinquency shall be made |
| 3 | | only by the State Commission. |
| 4 | | Such written verified reports required to be submitted by |
| 5 | | this
Section shall be posted by the State Commission in each of |
| 6 | | its offices
in places available for public inspection not |
| 7 | | later than the day
following receipt thereof by the State |
| 8 | | Commission. The reports so posted shall
constitute notice to |
| 9 | | every manufacturer, importing distributor and
distributor of |
| 10 | | the information contained therein. Actual notice to
|
| 11 | | manufacturers, importing distributors and distributors of the
|
| 12 | | information contained in any such posted reports, however |
| 13 | | received,
shall also constitute notice of such information.
|
| 14 | | The 30-day 30 day merchandising credit period allowed by |
| 15 | | this Section shall
commence with the day immediately following |
| 16 | | the date of invoice and
shall include all successive days |
| 17 | | including Sundays and holidays to and
including the 30th |
| 18 | | successive day.
|
| 19 | | In addition to other methods allowed by law, payment by |
| 20 | | check or credit card during
the period for which merchandising |
| 21 | | credit may be extended under the
provisions of this Section |
| 22 | | shall be considered payment. All checks
received in payment |
| 23 | | for alcoholic liquor shall be promptly deposited for
|
| 24 | | collection. A post dated check or a check dishonored on |
| 25 | | presentation for
payment shall not be deemed payment.
|
| 26 | | A credit card payment in dispute by a retailer shall not be |
|
| | HB5501 | - 1573 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | deemed payment, and the debt uncured for merchandising credit |
| 2 | | shall be reported as delinquent. Nothing in this Section shall |
| 3 | | prevent a distributor, self-distributing manufacturer, or |
| 4 | | importing distributor from assessing a usual and customary |
| 5 | | transaction fee representative of the actual finance charges |
| 6 | | incurred for processing a credit card payment. This |
| 7 | | transaction fee shall be disclosed on the invoice. It shall be |
| 8 | | considered unlawful for a distributor, importing distributor, |
| 9 | | or self-distributing manufacturer to waive finance charges for |
| 10 | | retailers. |
| 11 | | A retail licensee shall not be deemed to be delinquent in |
| 12 | | payment for
any alleged sale to him of alcoholic liquor when |
| 13 | | there exists a bona fide
dispute between such retailer and a |
| 14 | | manufacturer, importing distributor
or distributor with |
| 15 | | respect to the amount of indebtedness existing
because of such |
| 16 | | alleged sale. A retail licensee shall not be deemed to be |
| 17 | | delinquent under this provision and 11 Ill. Adm. Code 100.90 |
| 18 | | until 30 days after the date on which the region in which the |
| 19 | | retail licensee is located enters Phase 4 of the Governor's |
| 20 | | Restore Illinois Plan as issued on May 5, 2020. |
| 21 | | A delinquent retail licensee who engages in the retail |
| 22 | | liquor
business at 2 or more locations shall be deemed to be |
| 23 | | delinquent with
respect to each such location.
|
| 24 | | The license of any person who violates any provision of |
| 25 | | this Section
shall be subject to suspension or revocation in |
| 26 | | the manner provided by
this Act.
|
|
| | HB5501 | - 1575 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | purchases by volume of original package of wine or spirits |
| 2 | | from one or more of such retailer's licensed locations to |
| 3 | | another of that retailer's licensed locations each month |
| 4 | | without prior permission from the State Commission, subject to |
| 5 | | the following conditions: |
| 6 | | (1) notice is provided to the distributor responsible |
| 7 | | for the geographic area of the brand, size, and quantity |
| 8 | | of the wine or spirits to be transferred within the |
| 9 | | geographic area; and |
| 10 | | (2) the transfer is made by common carrier, a licensed |
| 11 | | distributor's or importing distributor's vehicle, or a |
| 12 | | vehicle owned and operated by the licensee. |
| 13 | | (b) All transfers must be properly documented on a form |
| 14 | | provided by the State Commission that includes the following |
| 15 | | information: |
| 16 | | (1) the license number of the retail licensee's |
| 17 | | location from which the transfer is to be made and the |
| 18 | | license number of the retail licensee's location to which |
| 19 | | the transfer is to be made; |
| 20 | | (2) the brand, size, and quantity of the wine or |
| 21 | | spirits to be transferred; and |
| 22 | | (3) the date the transfer is made. |
| 23 | | (c) A retail licensee location that transfers or receives |
| 24 | | an original package of wine or spirits as authorized by this |
| 25 | | Section shall not be deemed to be engaged in business as a |
| 26 | | wholesaler or distributor based upon the transfer authorized |
|
| | HB5501 | - 1576 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | by this Section. |
| 2 | | (d) A transfer authorized by this Section shall not be |
| 3 | | deemed a sale. |
| 4 | | (e) A retailer that is delinquent in payment pursuant to |
| 5 | | Section 6-5 shall be prohibited from transferring wine or |
| 6 | | spirits to a commonly owned retailer pursuant to this Section |
| 7 | | until the indebtedness is cured. |
| 8 | | (f) As used in this Section: |
| 9 | | "Average monthly purchases" is calculated using a 12-month |
| 10 | | rolling average of the total volume purchased over the 12 most |
| 11 | | recent months previous to the month in which the transfer is |
| 12 | | made and dividing that total by 12. |
| 13 | | "Month" means a calendar month.
|
| 14 | | (Source: P.A. 102-442, eff. 8-20-21; revised 11-10-21.)
|
| 15 | | Section 505. The Illinois Public Aid Code is amended by |
| 16 | | changing Sections 5-2, 5-4.2, 5-5, 5-5f, 5-16.8, 5-30.1, |
| 17 | | 9A-11, 10-1, and 12-4.35 and by setting forth and renumbering |
| 18 | | multiple versions of Sections 5-5.12d, 5-41, and 12-4.54 as |
| 19 | | follows:
|
| 20 | | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
|
| 21 | | Sec. 5-2. Classes of persons eligible. Medical assistance |
| 22 | | under this
Article shall be available to any of the following |
| 23 | | classes of persons in
respect to whom a plan for coverage has |
| 24 | | been submitted to the Governor
by the Illinois Department and |
|
| | HB5501 | - 1577 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | approved by him. If changes made in this Section 5-2 require |
| 2 | | federal approval, they shall not take effect until such |
| 3 | | approval has been received:
|
| 4 | | 1. Recipients of basic maintenance grants under |
| 5 | | Articles III and IV.
|
| 6 | | 2. Beginning January 1, 2014, persons otherwise |
| 7 | | eligible for basic maintenance under Article
III, |
| 8 | | excluding any eligibility requirements that are |
| 9 | | inconsistent with any federal law or federal regulation, |
| 10 | | as interpreted by the U.S. Department of Health and Human |
| 11 | | Services, but who fail to qualify thereunder on the basis |
| 12 | | of need, and
who have insufficient income and resources to |
| 13 | | meet the costs of
necessary medical care, including, but |
| 14 | | not limited to, the following:
|
| 15 | | (a) All persons otherwise eligible for basic |
| 16 | | maintenance under Article
III but who fail to qualify |
| 17 | | under that Article on the basis of need and who
meet |
| 18 | | either of the following requirements:
|
| 19 | | (i) their income, as determined by the |
| 20 | | Illinois Department in
accordance with any federal |
| 21 | | requirements, is equal to or less than 100% of the |
| 22 | | federal poverty level; or
|
| 23 | | (ii) their income, after the deduction of |
| 24 | | costs incurred for medical
care and for other |
| 25 | | types of remedial care, is equal to or less than |
| 26 | | 100% of the federal poverty level.
|
|
| | HB5501 | - 1578 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b) (Blank).
|
| 2 | | 3. (Blank).
|
| 3 | | 4. Persons not eligible under any of the preceding |
| 4 | | paragraphs who fall
sick, are injured, or die, not having |
| 5 | | sufficient money, property or other
resources to meet the |
| 6 | | costs of necessary medical care or funeral and burial
|
| 7 | | expenses.
|
| 8 | | 5.(a) Beginning January 1, 2020, individuals during |
| 9 | | pregnancy and during the
12-month period beginning on the |
| 10 | | last day of the pregnancy, together with
their infants,
|
| 11 | | whose income is at or below 200% of the federal poverty |
| 12 | | level. Until September 30, 2019, or sooner if the |
| 13 | | maintenance of effort requirements under the Patient |
| 14 | | Protection and Affordable Care Act are eliminated or may |
| 15 | | be waived before then, individuals during pregnancy and |
| 16 | | during the 12-month period beginning on the last day of |
| 17 | | the pregnancy, whose countable monthly income, after the |
| 18 | | deduction of costs incurred for medical care and for other |
| 19 | | types of remedial care as specified in administrative |
| 20 | | rule, is equal to or less than the Medical Assistance-No |
| 21 | | Grant(C) (MANG(C)) Income Standard in effect on April 1, |
| 22 | | 2013 as set forth in administrative rule.
|
| 23 | | (b) The plan for coverage shall provide ambulatory |
| 24 | | prenatal care to pregnant individuals during a
presumptive |
| 25 | | eligibility period and establish an income eligibility |
| 26 | | standard
that is equal to 200% of the federal poverty |
|
| | HB5501 | - 1579 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | level, provided that costs incurred
for medical care are |
| 2 | | not taken into account in determining such income
|
| 3 | | eligibility.
|
| 4 | | (c) The Illinois Department may conduct a |
| 5 | | demonstration in at least one
county that will provide |
| 6 | | medical assistance to pregnant individuals together
with |
| 7 | | their infants and children up to one year of age,
where the |
| 8 | | income
eligibility standard is set up to 185% of the |
| 9 | | nonfarm income official
poverty line, as defined by the |
| 10 | | federal Office of Management and Budget.
The Illinois |
| 11 | | Department shall seek and obtain necessary authorization
|
| 12 | | provided under federal law to implement such a |
| 13 | | demonstration. Such
demonstration may establish resource |
| 14 | | standards that are not more
restrictive than those |
| 15 | | established under Article IV of this Code.
|
| 16 | | 6. (a) Subject to federal approval, children younger |
| 17 | | than age 19 when countable income is at or below 313% of |
| 18 | | the federal poverty level, as determined by the Department |
| 19 | | and in accordance with all applicable federal |
| 20 | | requirements. The Department is authorized to adopt |
| 21 | | emergency rules to implement the changes made to this |
| 22 | | paragraph by Public Act 102-43 this amendatory Act of the |
| 23 | | 102nd General Assembly. Until September 30, 2019, or |
| 24 | | sooner if the maintenance of effort requirements under the |
| 25 | | Patient Protection and Affordable Care Act are eliminated |
| 26 | | or may be waived before then, children younger than age 19 |
|
| | HB5501 | - 1580 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | whose countable monthly income, after the deduction of |
| 2 | | costs incurred for medical care and for other types of |
| 3 | | remedial care as specified in administrative rule, is |
| 4 | | equal to or less than the Medical Assistance-No Grant(C) |
| 5 | | (MANG(C)) Income Standard in effect on April 1, 2013 as |
| 6 | | set forth in administrative rule. |
| 7 | | (b) Children and youth who are under temporary custody |
| 8 | | or guardianship of the Department of Children and Family |
| 9 | | Services or who receive financial assistance in support of |
| 10 | | an adoption or guardianship placement from the Department |
| 11 | | of Children and Family Services.
|
| 12 | | 7. (Blank).
|
| 13 | | 8. As required under federal law, persons who are |
| 14 | | eligible for Transitional Medical Assistance as a result |
| 15 | | of an increase in earnings or child or spousal support |
| 16 | | received. The plan for coverage for this class of persons |
| 17 | | shall:
|
| 18 | | (a) extend the medical assistance coverage to the |
| 19 | | extent required by federal law; and
|
| 20 | | (b) offer persons who have initially received 6 |
| 21 | | months of the
coverage provided in paragraph (a) |
| 22 | | above, the option of receiving an
additional 6 months |
| 23 | | of coverage, subject to the following:
|
| 24 | | (i) such coverage shall be pursuant to |
| 25 | | provisions of the federal
Social Security Act;
|
| 26 | | (ii) such coverage shall include all services |
|
| | HB5501 | - 1582 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | eligible for Medicaid,
pursuant to Section |
| 2 | | 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, |
| 3 | | subject to federal approval, persons with a medically |
| 4 | | improved disability who are employed and eligible for |
| 5 | | Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of |
| 6 | | the Social Security Act, as
provided by the Illinois |
| 7 | | Department by rule. In establishing eligibility standards |
| 8 | | under this paragraph 11, the Department shall, subject to |
| 9 | | federal approval: |
| 10 | | (a) set the income eligibility standard at not |
| 11 | | lower than 350% of the federal poverty level; |
| 12 | | (b) exempt retirement accounts that the person |
| 13 | | cannot access without penalty before the age
of 59 |
| 14 | | 1/2, and medical savings accounts established pursuant |
| 15 | | to 26 U.S.C. 220; |
| 16 | | (c) allow non-exempt assets up to $25,000 as to |
| 17 | | those assets accumulated during periods of eligibility |
| 18 | | under this paragraph 11; and
|
| 19 | | (d) continue to apply subparagraphs (b) and (c) in |
| 20 | | determining the eligibility of the person under this |
| 21 | | Article even if the person loses eligibility under |
| 22 | | this paragraph 11.
|
| 23 | | 12. Subject to federal approval, persons who are |
| 24 | | eligible for medical
assistance coverage under applicable |
| 25 | | provisions of the federal Social Security
Act and the |
| 26 | | federal Breast and Cervical Cancer Prevention and |
|
| | HB5501 | - 1583 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Treatment Act of
2000. Those eligible persons are defined |
| 2 | | to include, but not be limited to,
the following persons:
|
| 3 | | (1) persons who have been screened for breast or |
| 4 | | cervical cancer under
the U.S. Centers for Disease |
| 5 | | Control and Prevention Breast and Cervical Cancer
|
| 6 | | Program established under Title XV of the federal |
| 7 | | Public Health Service Act in
accordance with the |
| 8 | | requirements of Section 1504 of that Act as |
| 9 | | administered by
the Illinois Department of Public |
| 10 | | Health; and
|
| 11 | | (2) persons whose screenings under the above |
| 12 | | program were funded in whole
or in part by funds |
| 13 | | appropriated to the Illinois Department of Public |
| 14 | | Health
for breast or cervical cancer screening.
|
| 15 | | "Medical assistance" under this paragraph 12 shall be |
| 16 | | identical to the benefits
provided under the State's |
| 17 | | approved plan under Title XIX of the Social Security
Act. |
| 18 | | The Department must request federal approval of the |
| 19 | | coverage under this
paragraph 12 within 30 days after July |
| 20 | | 3, 2001 (the effective date of Public Act 92-47).
|
| 21 | | In addition to the persons who are eligible for |
| 22 | | medical assistance pursuant to subparagraphs (1) and (2) |
| 23 | | of this paragraph 12, and to be paid from funds |
| 24 | | appropriated to the Department for its medical programs, |
| 25 | | any uninsured person as defined by the Department in rules |
| 26 | | residing in Illinois who is younger than 65 years of age, |
|
| | HB5501 | - 1584 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | who has been screened for breast and cervical cancer in |
| 2 | | accordance with standards and procedures adopted by the |
| 3 | | Department of Public Health for screening, and who is |
| 4 | | referred to the Department by the Department of Public |
| 5 | | Health as being in need of treatment for breast or |
| 6 | | cervical cancer is eligible for medical assistance |
| 7 | | benefits that are consistent with the benefits provided to |
| 8 | | those persons described in subparagraphs (1) and (2). |
| 9 | | Medical assistance coverage for the persons who are |
| 10 | | eligible under the preceding sentence is not dependent on |
| 11 | | federal approval, but federal moneys may be used to pay |
| 12 | | for services provided under that coverage upon federal |
| 13 | | approval. |
| 14 | | 13. Subject to appropriation and to federal approval, |
| 15 | | persons living with HIV/AIDS who are not otherwise |
| 16 | | eligible under this Article and who qualify for services |
| 17 | | covered under Section 5-5.04 as provided by the Illinois |
| 18 | | Department by rule.
|
| 19 | | 14. Subject to the availability of funds for this |
| 20 | | purpose, the Department may provide coverage under this |
| 21 | | Article to persons who reside in Illinois who are not |
| 22 | | eligible under any of the preceding paragraphs and who |
| 23 | | meet the income guidelines of paragraph 2(a) of this |
| 24 | | Section and (i) have an application for asylum pending |
| 25 | | before the federal Department of Homeland Security or on |
| 26 | | appeal before a court of competent jurisdiction and are |
|
| | HB5501 | - 1586 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (g) (Blank). |
| 2 | | (h) (Blank). |
| 3 | | (i) Following termination of an individual's |
| 4 | | coverage under this paragraph 15, the individual must |
| 5 | | be determined eligible before the person can be |
| 6 | | re-enrolled. |
| 7 | | 16. Subject to appropriation, uninsured persons who |
| 8 | | are not otherwise eligible under this Section who have |
| 9 | | been certified and referred by the Department of Public |
| 10 | | Health as having been screened and found to need |
| 11 | | diagnostic evaluation or treatment, or both diagnostic |
| 12 | | evaluation and treatment, for prostate or testicular |
| 13 | | cancer. For the purposes of this paragraph 16, uninsured |
| 14 | | persons are those who do not have creditable coverage, as |
| 15 | | defined under the Health Insurance Portability and |
| 16 | | Accountability Act, or have otherwise exhausted any |
| 17 | | insurance benefits they may have had, for prostate or |
| 18 | | testicular cancer diagnostic evaluation or treatment, or |
| 19 | | both diagnostic evaluation and treatment.
To be eligible, |
| 20 | | a person must furnish a Social Security number.
A person's |
| 21 | | assets are exempt from consideration in determining |
| 22 | | eligibility under this paragraph 16.
Such persons shall be |
| 23 | | eligible for medical assistance under this paragraph 16 |
| 24 | | for so long as they need treatment for the cancer. A person |
| 25 | | shall be considered to need treatment if, in the opinion |
| 26 | | of the person's treating physician, the person requires |
|
| | HB5501 | - 1587 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | therapy directed toward cure or palliation of prostate or |
| 2 | | testicular cancer, including recurrent metastatic cancer |
| 3 | | that is a known or presumed complication of prostate or |
| 4 | | testicular cancer and complications resulting from the |
| 5 | | treatment modalities themselves. Persons who require only |
| 6 | | routine monitoring services are not considered to need |
| 7 | | treatment.
"Medical assistance" under this paragraph 16 |
| 8 | | shall be identical to the benefits provided under the |
| 9 | | State's approved plan under Title XIX of the Social |
| 10 | | Security Act.
Notwithstanding any other provision of law, |
| 11 | | the Department (i) does not have a claim against the |
| 12 | | estate of a deceased recipient of services under this |
| 13 | | paragraph 16 and (ii) does not have a lien against any |
| 14 | | homestead property or other legal or equitable real |
| 15 | | property interest owned by a recipient of services under |
| 16 | | this paragraph 16. |
| 17 | | 17. Persons who, pursuant to a waiver approved by the |
| 18 | | Secretary of the U.S. Department of Health and Human |
| 19 | | Services, are eligible for medical assistance under Title |
| 20 | | XIX or XXI of the federal Social Security Act. |
| 21 | | Notwithstanding any other provision of this Code and |
| 22 | | consistent with the terms of the approved waiver, the |
| 23 | | Illinois Department, may by rule: |
| 24 | | (a) Limit the geographic areas in which the waiver |
| 25 | | program operates. |
| 26 | | (b) Determine the scope, quantity, duration, and |
|
| | HB5501 | - 1588 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | quality, and the rate and method of reimbursement, of |
| 2 | | the medical services to be provided, which may differ |
| 3 | | from those for other classes of persons eligible for |
| 4 | | assistance under this Article. |
| 5 | | (c) Restrict the persons' freedom in choice of |
| 6 | | providers. |
| 7 | | 18. Beginning January 1, 2014, persons aged 19 or |
| 8 | | older, but younger than 65, who are not otherwise eligible |
| 9 | | for medical assistance under this Section 5-2, who qualify |
| 10 | | for medical assistance pursuant to 42 U.S.C. |
| 11 | | 1396a(a)(10)(A)(i)(VIII) and applicable federal |
| 12 | | regulations, and who have income at or below 133% of the |
| 13 | | federal poverty level plus 5% for the applicable family |
| 14 | | size as determined pursuant to 42 U.S.C. 1396a(e)(14) and |
| 15 | | applicable federal regulations. Persons eligible for |
| 16 | | medical assistance under this paragraph 18 shall receive |
| 17 | | coverage for the Health Benefits Service Package as that |
| 18 | | term is defined in subsection (m) of Section 5-1.1 of this |
| 19 | | Code. If Illinois' federal medical assistance percentage |
| 20 | | (FMAP) is reduced below 90% for persons eligible for |
| 21 | | medical
assistance under this paragraph 18, eligibility |
| 22 | | under this paragraph 18 shall cease no later than the end |
| 23 | | of the third month following the month in which the |
| 24 | | reduction in FMAP takes effect. |
| 25 | | 19. Beginning January 1, 2014, as required under 42 |
| 26 | | U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 |
|
| | HB5501 | - 1589 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and younger than age 26 who are not otherwise eligible for |
| 2 | | medical assistance under paragraphs (1) through (17) of |
| 3 | | this Section who (i) were in foster care under the |
| 4 | | responsibility of the State on the date of attaining age |
| 5 | | 18 or on the date of attaining age 21 when a court has |
| 6 | | continued wardship for good cause as provided in Section |
| 7 | | 2-31 of the Juvenile Court Act of 1987 and (ii) received |
| 8 | | medical assistance under the Illinois Title XIX State Plan |
| 9 | | or waiver of such plan while in foster care. |
| 10 | | 20. Beginning January 1, 2018, persons who are |
| 11 | | foreign-born victims of human trafficking, torture, or |
| 12 | | other serious crimes as defined in Section 2-19 of this |
| 13 | | Code and their derivative family members if such persons: |
| 14 | | (i) reside in Illinois; (ii) are not eligible under any of |
| 15 | | the preceding paragraphs; (iii) meet the income guidelines |
| 16 | | of subparagraph (a) of paragraph 2; and (iv) meet the |
| 17 | | nonfinancial eligibility requirements of Sections 16-2, |
| 18 | | 16-3, and 16-5 of this Code. The Department may extend |
| 19 | | medical assistance for persons who are foreign-born |
| 20 | | victims of human trafficking, torture, or other serious |
| 21 | | crimes whose medical assistance would be terminated |
| 22 | | pursuant to subsection (b) of Section 16-5 if the |
| 23 | | Department determines that the person, during the year of |
| 24 | | initial eligibility (1) experienced a health crisis, (2) |
| 25 | | has been unable, after reasonable attempts, to obtain |
| 26 | | necessary information from a third party, or (3) has other |
|
| | HB5501 | - 1590 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | extenuating circumstances that prevented the person from |
| 2 | | completing his or her application for status. The |
| 3 | | Department may adopt any rules necessary to implement the |
| 4 | | provisions of this paragraph. |
| 5 | | 21. Persons who are not otherwise eligible for medical |
| 6 | | assistance under this Section who may qualify for medical |
| 7 | | assistance pursuant to 42 U.S.C. |
| 8 | | 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the |
| 9 | | duration of any federal or State declared emergency due to |
| 10 | | COVID-19. Medical assistance to persons eligible for |
| 11 | | medical assistance solely pursuant to this paragraph 21 |
| 12 | | shall be limited to any in vitro diagnostic product (and |
| 13 | | the administration of such product) described in 42 U.S.C. |
| 14 | | 1396d(a)(3)(B) on or after March 18, 2020, any visit |
| 15 | | described in 42 U.S.C. 1396o(a)(2)(G), or any other |
| 16 | | medical assistance that may be federally authorized for |
| 17 | | this class of persons. The Department may also cover |
| 18 | | treatment of COVID-19 for this class of persons, or any |
| 19 | | similar category of uninsured individuals, to the extent |
| 20 | | authorized under a federally approved 1115 Waiver or other |
| 21 | | federal authority. Notwithstanding the provisions of |
| 22 | | Section 1-11 of this Code, due to the nature of the |
| 23 | | COVID-19 public health emergency, the Department may cover |
| 24 | | and provide the medical assistance described in this |
| 25 | | paragraph 21 to noncitizens who would otherwise meet the |
| 26 | | eligibility requirements for the class of persons |
|
| | HB5501 | - 1591 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | described in this paragraph 21 for the duration of the |
| 2 | | State emergency period. |
| 3 | | In implementing the provisions of Public Act 96-20, the |
| 4 | | Department is authorized to adopt only those rules necessary, |
| 5 | | including emergency rules. Nothing in Public Act 96-20 permits |
| 6 | | the Department to adopt rules or issue a decision that expands |
| 7 | | eligibility for the FamilyCare Program to a person whose |
| 8 | | income exceeds 185% of the Federal Poverty Level as determined |
| 9 | | from time to time by the U.S. Department of Health and Human |
| 10 | | Services, unless the Department is provided with express |
| 11 | | statutory authority.
|
| 12 | | The eligibility of any such person for medical assistance |
| 13 | | under this
Article is not affected by the payment of any grant |
| 14 | | under the Senior
Citizens and Persons with Disabilities |
| 15 | | Property Tax Relief Act or any distributions or items of |
| 16 | | income described under
subparagraph (X) of
paragraph (2) of |
| 17 | | subsection (a) of Section 203 of the Illinois Income Tax
Act. |
| 18 | | The Department shall by rule establish the amounts of
|
| 19 | | assets to be disregarded in determining eligibility for |
| 20 | | medical assistance,
which shall at a minimum equal the amounts |
| 21 | | to be disregarded under the
Federal Supplemental Security |
| 22 | | Income Program. The amount of assets of a
single person to be |
| 23 | | disregarded
shall not be less than $2,000, and the amount of |
| 24 | | assets of a married couple
to be disregarded shall not be less |
| 25 | | than $3,000.
|
| 26 | | To the extent permitted under federal law, any person |
|
| | HB5501 | - 1592 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | found guilty of a
second violation of Article VIIIA
shall be |
| 2 | | ineligible for medical assistance under this Article, as |
| 3 | | provided
in Section 8A-8.
|
| 4 | | The eligibility of any person for medical assistance under |
| 5 | | this Article
shall not be affected by the receipt by the person |
| 6 | | of donations or benefits
from fundraisers held for the person |
| 7 | | in cases of serious illness,
as long as neither the person nor |
| 8 | | members of the person's family
have actual control over the |
| 9 | | donations or benefits or the disbursement
of the donations or |
| 10 | | benefits.
|
| 11 | | Notwithstanding any other provision of this Code, if the |
| 12 | | United States Supreme Court holds Title II, Subtitle A, |
| 13 | | Section 2001(a) of Public Law 111-148 to be unconstitutional, |
| 14 | | or if a holding of Public Law 111-148 makes Medicaid |
| 15 | | eligibility allowed under Section 2001(a) inoperable, the |
| 16 | | State or a unit of local government shall be prohibited from |
| 17 | | enrolling individuals in the Medical Assistance Program as the |
| 18 | | result of federal approval of a State Medicaid waiver on or |
| 19 | | after June 14, 2012 (the effective date of Public Act 97-687), |
| 20 | | and any individuals enrolled in the Medical Assistance Program |
| 21 | | pursuant to eligibility permitted as a result of such a State |
| 22 | | Medicaid waiver shall become immediately ineligible. |
| 23 | | Notwithstanding any other provision of this Code, if an |
| 24 | | Act of Congress that becomes a Public Law eliminates Section |
| 25 | | 2001(a) of Public Law 111-148, the State or a unit of local |
| 26 | | government shall be prohibited from enrolling individuals in |
|
| | HB5501 | - 1593 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Medical Assistance Program as the result of federal |
| 2 | | approval of a State Medicaid waiver on or after June 14, 2012 |
| 3 | | (the effective date of Public Act 97-687), and any individuals |
| 4 | | enrolled in the Medical Assistance Program pursuant to |
| 5 | | eligibility permitted as a result of such a State Medicaid |
| 6 | | waiver shall become immediately ineligible. |
| 7 | | Effective October 1, 2013, the determination of |
| 8 | | eligibility of persons who qualify under paragraphs 5, 6, 8, |
| 9 | | 15, 17, and 18 of this Section shall comply with the |
| 10 | | requirements of 42 U.S.C. 1396a(e)(14) and applicable federal |
| 11 | | regulations. |
| 12 | | The Department of Healthcare and Family Services, the |
| 13 | | Department of Human Services, and the Illinois health |
| 14 | | insurance marketplace shall work cooperatively to assist |
| 15 | | persons who would otherwise lose health benefits as a result |
| 16 | | of changes made under Public Act 98-104 to transition to other |
| 17 | | health insurance coverage. |
| 18 | | (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20; |
| 19 | | 102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff. |
| 20 | | 10-8-21; revised 11-18-21.)
|
| 21 | | (305 ILCS 5/5-4.2)
|
| 22 | | Sec. 5-4.2. Ambulance services payments. |
| 23 | | (a) For
ambulance
services provided to a recipient of aid |
| 24 | | under this Article on or after
January 1, 1993, the Illinois |
| 25 | | Department shall reimburse ambulance service
providers at |
|
| | HB5501 | - 1594 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rates calculated in accordance with this Section. It is the |
| 2 | | intent
of the General Assembly to provide adequate |
| 3 | | reimbursement for ambulance
services so as to ensure adequate |
| 4 | | access to services for recipients of aid
under this Article |
| 5 | | and to provide appropriate incentives to ambulance service
|
| 6 | | providers to provide services in an efficient and |
| 7 | | cost-effective manner. Thus,
it is the intent of the General |
| 8 | | Assembly that the Illinois Department implement
a |
| 9 | | reimbursement system for ambulance services that, to the |
| 10 | | extent practicable
and subject to the availability of funds |
| 11 | | appropriated by the General Assembly
for this purpose, is |
| 12 | | consistent with the payment principles of Medicare. To
ensure |
| 13 | | uniformity between the payment principles of Medicare and |
| 14 | | Medicaid, the
Illinois Department shall follow, to the extent |
| 15 | | necessary and practicable and
subject to the availability of |
| 16 | | funds appropriated by the General Assembly for
this purpose, |
| 17 | | the statutes, laws, regulations, policies, procedures,
|
| 18 | | principles, definitions, guidelines, and manuals used to |
| 19 | | determine the amounts
paid to ambulance service providers |
| 20 | | under Title XVIII of the Social Security
Act (Medicare).
|
| 21 | | (b) For ambulance services provided to a recipient of aid |
| 22 | | under this Article
on or after January 1, 1996, the Illinois |
| 23 | | Department shall reimburse ambulance
service providers based |
| 24 | | upon the actual distance traveled if a natural
disaster, |
| 25 | | weather conditions, road repairs, or traffic congestion |
| 26 | | necessitates
the use of a
route other than the most direct |
|
| | HB5501 | - 1595 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | route.
|
| 2 | | (c) For purposes of this Section, "ambulance services" |
| 3 | | includes medical
transportation services provided by means of |
| 4 | | an ambulance, medi-car, service
car, or
taxi.
|
| 5 | | (c-1) For purposes of this Section, "ground ambulance |
| 6 | | service" means medical transportation services that are |
| 7 | | described as ground ambulance services by the Centers for |
| 8 | | Medicare and Medicaid Services and provided in a vehicle that |
| 9 | | is licensed as an ambulance by the Illinois Department of |
| 10 | | Public Health pursuant to the Emergency Medical Services (EMS) |
| 11 | | Systems Act. |
| 12 | | (c-2) For purposes of this Section, "ground ambulance |
| 13 | | service provider" means a vehicle service provider as |
| 14 | | described in the Emergency Medical Services (EMS) Systems Act |
| 15 | | that operates licensed ambulances for the purpose of providing |
| 16 | | emergency ambulance services, or non-emergency ambulance |
| 17 | | services, or both. For purposes of this Section, this includes |
| 18 | | both ambulance providers and ambulance suppliers as described |
| 19 | | by the Centers for Medicare and Medicaid Services. |
| 20 | | (c-3) For purposes of this Section, "medi-car" means |
| 21 | | transportation services provided to a patient who is confined |
| 22 | | to a wheelchair and requires the use of a hydraulic or electric |
| 23 | | lift or ramp and wheelchair lockdown when the patient's |
| 24 | | condition does not require medical observation, medical |
| 25 | | supervision, medical equipment, the administration of |
| 26 | | medications, or the administration of oxygen. |
|
| | HB5501 | - 1596 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (c-4) For purposes of this Section, "service car" means |
| 2 | | transportation services provided to a patient by a passenger |
| 3 | | vehicle where that patient does not require the specialized |
| 4 | | modes described in subsection (c-1) or (c-3). |
| 5 | | (d) This Section does not prohibit separate billing by |
| 6 | | ambulance service
providers for oxygen furnished while |
| 7 | | providing advanced life support
services.
|
| 8 | | (e) Beginning with services rendered on or after July 1, |
| 9 | | 2008, all providers of non-emergency medi-car and service car |
| 10 | | transportation must certify that the driver and employee |
| 11 | | attendant, as applicable, have completed a safety program |
| 12 | | approved by the Department to protect both the patient and the |
| 13 | | driver, prior to transporting a patient.
The provider must |
| 14 | | maintain this certification in its records. The provider shall |
| 15 | | produce such documentation upon demand by the Department or |
| 16 | | its representative. Failure to produce documentation of such |
| 17 | | training shall result in recovery of any payments made by the |
| 18 | | Department for services rendered by a non-certified driver or |
| 19 | | employee attendant. Medi-car and service car providers must |
| 20 | | maintain legible documentation in their records of the driver |
| 21 | | and, as applicable, employee attendant that actually |
| 22 | | transported the patient. Providers must recertify all drivers |
| 23 | | and employee attendants every 3 years.
If they meet the |
| 24 | | established training components set forth by the Department, |
| 25 | | providers of non-emergency medi-car and service car |
| 26 | | transportation that are either directly or through an |
|
| | HB5501 | - 1597 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | affiliated company licensed by the Department of Public Health |
| 2 | | shall be approved by the Department to have in-house safety |
| 3 | | programs for training their own staff. |
| 4 | | Notwithstanding the requirements above, any public |
| 5 | | transportation provider of medi-car and service car |
| 6 | | transportation that receives federal funding under 49 U.S.C. |
| 7 | | 5307 and 5311 need not certify its drivers and employee |
| 8 | | attendants under this Section, since safety training is |
| 9 | | already federally mandated.
|
| 10 | | (f) With respect to any policy or program administered by |
| 11 | | the Department or its agent regarding approval of |
| 12 | | non-emergency medical transportation by ground ambulance |
| 13 | | service providers, including, but not limited to, the |
| 14 | | Non-Emergency Transportation Services Prior Approval Program |
| 15 | | (NETSPAP), the Department shall establish by rule a process by |
| 16 | | which ground ambulance service providers of non-emergency |
| 17 | | medical transportation may appeal any decision by the |
| 18 | | Department or its agent for which no denial was received prior |
| 19 | | to the time of transport that either (i) denies a request for |
| 20 | | approval for payment of non-emergency transportation by means |
| 21 | | of ground ambulance service or (ii) grants a request for |
| 22 | | approval of non-emergency transportation by means of ground |
| 23 | | ambulance service at a level of service that entitles the |
| 24 | | ground ambulance service provider to a lower level of |
| 25 | | compensation from the Department than the ground ambulance |
| 26 | | service provider would have received as compensation for the |
|
| | HB5501 | - 1598 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | level of service requested. The rule shall be filed by |
| 2 | | December 15, 2012 and shall provide that, for any decision |
| 3 | | rendered by the Department or its agent on or after the date |
| 4 | | the rule takes effect, the ground ambulance service provider |
| 5 | | shall have 60 days from the date the decision is received to |
| 6 | | file an appeal. The rule established by the Department shall |
| 7 | | be, insofar as is practical, consistent with the Illinois |
| 8 | | Administrative Procedure Act. The Director's decision on an |
| 9 | | appeal under this Section shall be a final administrative |
| 10 | | decision subject to review under the Administrative Review |
| 11 | | Law. |
| 12 | | (f-5) Beginning 90 days after July 20, 2012 (the effective |
| 13 | | date of Public Act 97-842), (i) no denial of a request for |
| 14 | | approval for payment of non-emergency transportation by means |
| 15 | | of ground ambulance service, and (ii) no approval of |
| 16 | | non-emergency transportation by means of ground ambulance |
| 17 | | service at a level of service that entitles the ground |
| 18 | | ambulance service provider to a lower level of compensation |
| 19 | | from the Department than would have been received at the level |
| 20 | | of service submitted by the ground ambulance service provider, |
| 21 | | may be issued by the Department or its agent unless the |
| 22 | | Department has submitted the criteria for determining the |
| 23 | | appropriateness of the transport for first notice publication |
| 24 | | in the Illinois Register pursuant to Section 5-40 of the |
| 25 | | Illinois Administrative Procedure Act. |
| 26 | | (f-7) For non-emergency ground ambulance claims properly |
|
| | HB5501 | - 1599 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | denied under Department policy at the time the claim is filed |
| 2 | | due to failure to submit a valid Medical Certification for |
| 3 | | Non-Emergency Ambulance on and after December 15, 2012 and |
| 4 | | prior to January 1, 2021, the Department shall allot |
| 5 | | $2,000,000 to a pool to reimburse such claims if the provider |
| 6 | | proves medical necessity for the service by other means. |
| 7 | | Providers must submit any such denied claims for which they |
| 8 | | seek compensation to the Department no later than December 31, |
| 9 | | 2021 along with documentation of medical necessity. No later |
| 10 | | than May 31, 2022, the Department shall determine for which |
| 11 | | claims medical necessity was established. Such claims for |
| 12 | | which medical necessity was established shall be paid at the |
| 13 | | rate in effect at the time of the service, provided the |
| 14 | | $2,000,000 is sufficient to pay at those rates. If the pool is |
| 15 | | not sufficient, claims shall be paid at a uniform percentage |
| 16 | | of the applicable rate such that the pool of $2,000,000 is |
| 17 | | exhausted. The appeal process described in subsection (f) |
| 18 | | shall not be applicable to the Department's determinations |
| 19 | | made in accordance with this subsection. |
| 20 | | (g) Whenever a patient covered by a medical assistance |
| 21 | | program under this Code or by another medical program |
| 22 | | administered by the Department, including a patient covered |
| 23 | | under the State's Medicaid managed care program, is being |
| 24 | | transported from a facility and requires non-emergency |
| 25 | | transportation including ground ambulance, medi-car, or |
| 26 | | service car transportation, a Physician Certification |
|
| | HB5501 | - 1600 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Statement as described in this Section shall be required for |
| 2 | | each patient. Facilities shall develop procedures for a |
| 3 | | licensed medical professional to provide a written and signed |
| 4 | | Physician Certification Statement. The Physician Certification |
| 5 | | Statement shall specify the level of transportation services |
| 6 | | needed and complete a medical certification establishing the |
| 7 | | criteria for approval of non-emergency ambulance |
| 8 | | transportation, as published by the Department of Healthcare |
| 9 | | and Family Services, that is met by the patient. This |
| 10 | | certification shall be completed prior to ordering the |
| 11 | | transportation service and prior to patient discharge. The |
| 12 | | Physician Certification Statement is not required prior to |
| 13 | | transport if a delay in transport can be expected to |
| 14 | | negatively affect the patient outcome. If the ground ambulance |
| 15 | | provider, medi-car provider, or service car provider is unable |
| 16 | | to obtain the required Physician Certification Statement |
| 17 | | within 10 calendar days following the date of the service, the |
| 18 | | ground ambulance provider, medi-car provider, or service car |
| 19 | | provider must document its attempt to obtain the requested |
| 20 | | certification and may then submit the claim for payment. |
| 21 | | Acceptable documentation includes a signed return receipt from |
| 22 | | the U.S. Postal Service, facsimile receipt, email receipt, or |
| 23 | | other similar service that evidences that the ground ambulance |
| 24 | | provider, medi-car provider, or service car provider attempted |
| 25 | | to obtain the required Physician Certification Statement. |
| 26 | | The medical certification specifying the level and type of |
|
| | HB5501 | - 1601 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | non-emergency transportation needed shall be in the form of |
| 2 | | the Physician Certification Statement on a standardized form |
| 3 | | prescribed by the Department of Healthcare and Family |
| 4 | | Services. Within 75 days after July 27, 2018 (the effective |
| 5 | | date of Public Act 100-646), the Department of Healthcare and |
| 6 | | Family Services shall develop a standardized form of the |
| 7 | | Physician Certification Statement specifying the level and |
| 8 | | type of transportation services needed in consultation with |
| 9 | | the Department of Public Health, Medicaid managed care |
| 10 | | organizations, a statewide association representing ambulance |
| 11 | | providers, a statewide association representing hospitals, 3 |
| 12 | | statewide associations representing nursing homes, and other |
| 13 | | stakeholders. The Physician Certification Statement shall |
| 14 | | include, but is not limited to, the criteria necessary to |
| 15 | | demonstrate medical necessity for the level of transport |
| 16 | | needed as required by (i) the Department of Healthcare and |
| 17 | | Family Services and (ii) the federal Centers for Medicare and |
| 18 | | Medicaid Services as outlined in the Centers for Medicare and |
| 19 | | Medicaid Services' Medicare Benefit Policy Manual, Pub. |
| 20 | | 100-02, Chap. 10, Sec. 10.2.1, et seq. The use of the Physician |
| 21 | | Certification Statement shall satisfy the obligations of |
| 22 | | hospitals under Section 6.22 of the Hospital Licensing Act and |
| 23 | | nursing homes under Section 2-217 of the Nursing Home Care |
| 24 | | Act. Implementation and acceptance of the Physician |
| 25 | | Certification Statement shall take place no later than 90 days |
| 26 | | after the issuance of the Physician Certification Statement by |
|
| | HB5501 | - 1602 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Department of Healthcare and Family Services. |
| 2 | | Pursuant to subsection (E) of Section 12-4.25 of this |
| 3 | | Code, the Department is entitled to recover overpayments paid |
| 4 | | to a provider or vendor, including, but not limited to, from |
| 5 | | the discharging physician, the discharging facility, and the |
| 6 | | ground ambulance service provider, in instances where a |
| 7 | | non-emergency ground ambulance service is rendered as the |
| 8 | | result of improper or false certification. |
| 9 | | Beginning October 1, 2018, the Department of Healthcare |
| 10 | | and Family Services shall collect data from Medicaid managed |
| 11 | | care organizations and transportation brokers, including the |
| 12 | | Department's NETSPAP broker, regarding denials and appeals |
| 13 | | related to the missing or incomplete Physician Certification |
| 14 | | Statement forms and overall compliance with this subsection. |
| 15 | | The Department of Healthcare and Family Services shall publish |
| 16 | | quarterly results on its website within 15 days following the |
| 17 | | end of each quarter. |
| 18 | | (h) On and after July 1, 2012, the Department shall reduce |
| 19 | | any rate of reimbursement for services or other payments or |
| 20 | | alter any methodologies authorized by this Code to reduce any |
| 21 | | rate of reimbursement for services or other payments in |
| 22 | | accordance with Section 5-5e. |
| 23 | | (i) On and after July 1, 2018, the Department shall |
| 24 | | increase the base rate of reimbursement for both base charges |
| 25 | | and mileage charges for ground ambulance service providers for |
| 26 | | medical transportation services provided by means of a ground |
|
| | HB5501 | - 1603 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ambulance to a level not lower than 112% of the base rate in |
| 2 | | effect as of June 30, 2018. |
| 3 | | (Source: P.A. 101-81, eff. 7-12-19; 101-649, eff. 7-7-20; |
| 4 | | 102-364, eff. 1-1-22; 102-650, eff. 8-27-21; revised 11-8-21.)
|
| 5 | | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
|
| 6 | | Sec. 5-5. Medical services. The Illinois Department, by |
| 7 | | rule, shall
determine the quantity and quality of and the rate |
| 8 | | of reimbursement for the
medical assistance for which
payment |
| 9 | | will be authorized, and the medical services to be provided,
|
| 10 | | which may include all or part of the following: (1) inpatient |
| 11 | | hospital
services; (2) outpatient hospital services; (3) other |
| 12 | | laboratory and
X-ray services; (4) skilled nursing home |
| 13 | | services; (5) physicians'
services whether furnished in the |
| 14 | | office, the patient's home, a
hospital, a skilled nursing |
| 15 | | home, or elsewhere; (6) medical care, or any
other type of |
| 16 | | remedial care furnished by licensed practitioners; (7)
home |
| 17 | | health care services; (8) private duty nursing service; (9) |
| 18 | | clinic
services; (10) dental services, including prevention |
| 19 | | and treatment of periodontal disease and dental caries disease |
| 20 | | for pregnant individuals, provided by an individual licensed |
| 21 | | to practice dentistry or dental surgery; for purposes of this |
| 22 | | item (10), "dental services" means diagnostic, preventive, or |
| 23 | | corrective procedures provided by or under the supervision of |
| 24 | | a dentist in the practice of his or her profession; (11) |
| 25 | | physical therapy and related
services; (12) prescribed drugs, |
|
| | HB5501 | - 1604 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | dentures, and prosthetic devices; and
eyeglasses prescribed by |
| 2 | | a physician skilled in the diseases of the eye,
or by an |
| 3 | | optometrist, whichever the person may select; (13) other
|
| 4 | | diagnostic, screening, preventive, and rehabilitative |
| 5 | | services, including to ensure that the individual's need for |
| 6 | | intervention or treatment of mental disorders or substance use |
| 7 | | disorders or co-occurring mental health and substance use |
| 8 | | disorders is determined using a uniform screening, assessment, |
| 9 | | and evaluation process inclusive of criteria, for children and |
| 10 | | adults; for purposes of this item (13), a uniform screening, |
| 11 | | assessment, and evaluation process refers to a process that |
| 12 | | includes an appropriate evaluation and, as warranted, a |
| 13 | | referral; "uniform" does not mean the use of a singular |
| 14 | | instrument, tool, or process that all must utilize; (14)
|
| 15 | | transportation and such other expenses as may be necessary; |
| 16 | | (15) medical
treatment of sexual assault survivors, as defined |
| 17 | | in
Section 1a of the Sexual Assault Survivors Emergency |
| 18 | | Treatment Act, for
injuries sustained as a result of the |
| 19 | | sexual assault, including
examinations and laboratory tests to |
| 20 | | discover evidence which may be used in
criminal proceedings |
| 21 | | arising from the sexual assault; (16) the
diagnosis and |
| 22 | | treatment of sickle cell anemia; (16.5) services performed by |
| 23 | | a chiropractic physician licensed under the Medical Practice |
| 24 | | Act of 1987 and acting within the scope of his or her license, |
| 25 | | including, but not limited to, chiropractic manipulative |
| 26 | | treatment; and (17)
any other medical care, and any other type |
|
| | HB5501 | - 1605 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of remedial care recognized
under the laws of this State. The |
| 2 | | term "any other type of remedial care" shall
include nursing |
| 3 | | care and nursing home service for persons who rely on
|
| 4 | | treatment by 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, |
| 13 | | reproductive health care that is otherwise legal in Illinois |
| 14 | | shall be covered under the medical assistance program for |
| 15 | | persons who are otherwise eligible for medical assistance |
| 16 | | under this Article. |
| 17 | | Notwithstanding any other provision of this Section, all |
| 18 | | tobacco cessation medications approved by the United States |
| 19 | | Food and Drug Administration and all individual and group |
| 20 | | tobacco cessation counseling services and telephone-based |
| 21 | | counseling services and tobacco cessation medications provided |
| 22 | | through the Illinois Tobacco Quitline shall be covered under |
| 23 | | the medical assistance program for persons who are otherwise |
| 24 | | eligible for assistance under this Article. The Department |
| 25 | | shall comply with all federal requirements necessary to obtain |
| 26 | | federal financial participation, as specified in 42 CFR |
|
| | HB5501 | - 1606 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 433.15(b)(7), for telephone-based counseling services provided |
| 2 | | through the Illinois Tobacco Quitline, including, but not |
| 3 | | limited to: (i) entering into a memorandum of understanding or |
| 4 | | interagency agreement with the Department of Public Health, as |
| 5 | | administrator of the Illinois Tobacco Quitline; and (ii) |
| 6 | | developing a cost allocation plan for Medicaid-allowable |
| 7 | | Illinois Tobacco Quitline services in accordance with 45 CFR |
| 8 | | 95.507. The Department shall submit the memorandum of |
| 9 | | understanding or interagency agreement, the cost allocation |
| 10 | | plan, and all other necessary documentation to the Centers for |
| 11 | | Medicare and Medicaid Services for review and approval. |
| 12 | | Coverage under this paragraph shall be contingent upon federal |
| 13 | | approval. |
| 14 | | Notwithstanding any other provision of this Code, the |
| 15 | | Illinois
Department may not require, as a condition of payment |
| 16 | | for any laboratory
test authorized under this Article, that a |
| 17 | | physician's handwritten signature
appear on the laboratory |
| 18 | | test order form. The Illinois Department may,
however, impose |
| 19 | | other appropriate requirements regarding laboratory test
order |
| 20 | | documentation.
|
| 21 | | Upon receipt of federal approval of an amendment to the |
| 22 | | Illinois Title XIX State Plan for this purpose, the Department |
| 23 | | shall authorize the Chicago Public Schools (CPS) to procure a |
| 24 | | vendor or vendors to manufacture eyeglasses for individuals |
| 25 | | enrolled in a school within the CPS system. CPS shall ensure |
| 26 | | that its vendor or vendors are enrolled as providers in the |
|
| | HB5501 | - 1607 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | medical assistance program and in any capitated Medicaid |
| 2 | | managed care entity (MCE) serving individuals enrolled in a |
| 3 | | school within the CPS system. Under any contract procured |
| 4 | | under this provision, the vendor or vendors must serve only |
| 5 | | individuals enrolled in a school within the CPS system. Claims |
| 6 | | for services provided by CPS's vendor or vendors to recipients |
| 7 | | of benefits in the medical assistance program under this Code, |
| 8 | | the Children's Health Insurance Program, or the Covering ALL |
| 9 | | KIDS Health Insurance Program shall be submitted to the |
| 10 | | Department or the MCE in which the individual is enrolled for |
| 11 | | payment and shall be reimbursed at the Department's or the |
| 12 | | MCE's established rates or rate methodologies for eyeglasses. |
| 13 | | On and after July 1, 2012, the Department of Healthcare |
| 14 | | and Family Services may provide the following services to
|
| 15 | | persons
eligible for assistance under this Article who are |
| 16 | | participating in
education, training or employment programs |
| 17 | | operated by the Department of Human
Services as successor to |
| 18 | | the Department of Public Aid:
|
| 19 | | (1) dental services provided by or under the |
| 20 | | supervision of a dentist; and
|
| 21 | | (2) eyeglasses prescribed by a physician skilled in |
| 22 | | the diseases of the
eye, or by an optometrist, whichever |
| 23 | | the person may select.
|
| 24 | | On and after July 1, 2018, the Department of Healthcare |
| 25 | | and Family Services shall provide dental services to any adult |
| 26 | | who is otherwise eligible for assistance under the medical |
|
| | HB5501 | - 1608 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | assistance program. As used in this paragraph, "dental |
| 2 | | services" means diagnostic, preventative, restorative, or |
| 3 | | corrective procedures, including procedures and services for |
| 4 | | the prevention and treatment of periodontal disease and dental |
| 5 | | caries disease, provided by an individual who is licensed to |
| 6 | | practice dentistry or dental surgery or who is under the |
| 7 | | supervision of a dentist in the practice of his or her |
| 8 | | profession. |
| 9 | | On and after July 1, 2018, targeted dental services, as |
| 10 | | set forth in Exhibit D of the Consent Decree entered by the |
| 11 | | United States District Court for the Northern District of |
| 12 | | Illinois, Eastern Division, in the matter of Memisovski v. |
| 13 | | Maram, Case No. 92 C 1982, that are provided to adults under |
| 14 | | the medical assistance program shall be established at no less |
| 15 | | than the rates set forth in the "New Rate" column in Exhibit D |
| 16 | | of the Consent Decree for targeted dental services that are |
| 17 | | provided to persons under the age of 18 under the medical |
| 18 | | assistance program. |
| 19 | | Notwithstanding any other provision of this Code and |
| 20 | | subject to federal approval, the Department may adopt rules to |
| 21 | | allow a dentist who is volunteering his or her service at no |
| 22 | | cost to render dental services through an enrolled |
| 23 | | not-for-profit health clinic without the dentist personally |
| 24 | | enrolling as a participating provider in the medical |
| 25 | | assistance program. A not-for-profit health clinic shall |
| 26 | | include a public health clinic or Federally Qualified Health |
|
| | HB5501 | - 1609 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Center or other enrolled provider, as determined by the |
| 2 | | Department, through which dental services covered under this |
| 3 | | Section are performed. The Department shall establish a |
| 4 | | process for payment of claims for reimbursement for covered |
| 5 | | dental services rendered under this provision. |
| 6 | | On and after January 1, 2022, the Department of Healthcare |
| 7 | | and Family Services shall administer and regulate a |
| 8 | | school-based dental program that allows for the out-of-office |
| 9 | | delivery of preventative dental services in a school setting |
| 10 | | to children under 19 years of age. The Department shall |
| 11 | | establish, by rule, guidelines for participation by providers |
| 12 | | and set requirements for follow-up referral care based on the |
| 13 | | requirements established in the Dental Office Reference Manual |
| 14 | | published by the Department that establishes the requirements |
| 15 | | for dentists participating in the All Kids Dental School |
| 16 | | Program. Every effort shall be made by the Department when |
| 17 | | developing the program requirements to consider the different |
| 18 | | geographic differences of both urban and rural areas of the |
| 19 | | State for initial treatment and necessary follow-up care. No |
| 20 | | provider shall be charged a fee by any unit of local government |
| 21 | | to participate in the school-based dental program administered |
| 22 | | by the Department. Nothing in this paragraph shall be |
| 23 | | construed to limit or preempt a home rule unit's or school |
| 24 | | district's authority to establish, change, or administer a |
| 25 | | school-based dental program in addition to, or independent of, |
| 26 | | the school-based dental program administered by the |
|
| | HB5501 | - 1610 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department. |
| 2 | | The Illinois Department, by rule, may distinguish and |
| 3 | | classify the
medical services to be provided only in |
| 4 | | accordance with the classes of
persons designated in Section |
| 5 | | 5-2.
|
| 6 | | The Department of Healthcare and Family Services must |
| 7 | | provide coverage and reimbursement for amino acid-based |
| 8 | | elemental formulas, regardless of delivery method, for the |
| 9 | | diagnosis and treatment of (i) eosinophilic disorders and (ii) |
| 10 | | short bowel syndrome when the prescribing physician has issued |
| 11 | | a written order stating that the amino acid-based elemental |
| 12 | | formula is medically necessary.
|
| 13 | | The Illinois Department shall authorize the provision of, |
| 14 | | and shall
authorize payment for, screening by low-dose |
| 15 | | mammography for the presence of
occult breast cancer for |
| 16 | | individuals 35 years of age or older who are eligible
for |
| 17 | | medical assistance under this Article, as follows: |
| 18 | | (A) A baseline
mammogram for individuals 35 to 39 |
| 19 | | years of age.
|
| 20 | | (B) An annual mammogram for individuals 40 years of |
| 21 | | age or older. |
| 22 | | (C) A mammogram at the age and intervals considered |
| 23 | | medically necessary by the individual's health care |
| 24 | | provider for individuals under 40 years of age and having |
| 25 | | a family history of breast cancer, prior personal history |
| 26 | | of breast cancer, positive genetic testing, or other risk |
|
| | HB5501 | - 1611 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | factors. |
| 2 | | (D) A comprehensive ultrasound screening and MRI of an |
| 3 | | entire breast or breasts if a mammogram demonstrates |
| 4 | | heterogeneous or dense breast tissue or when medically |
| 5 | | necessary as determined by a physician licensed to |
| 6 | | practice medicine in all of its branches. |
| 7 | | (E) A screening MRI when medically necessary, as |
| 8 | | determined by a physician licensed to practice medicine in |
| 9 | | all of its branches. |
| 10 | | (F) A diagnostic mammogram when medically necessary, |
| 11 | | as determined by a physician licensed to practice medicine |
| 12 | | in all its branches, advanced practice registered nurse, |
| 13 | | or physician assistant. |
| 14 | | The Department shall not impose a deductible, coinsurance, |
| 15 | | copayment, or any other cost-sharing requirement on the |
| 16 | | coverage provided under this paragraph; except that this |
| 17 | | sentence does not apply to coverage of diagnostic mammograms |
| 18 | | to the extent such coverage would disqualify a high-deductible |
| 19 | | health plan from eligibility for a health savings account |
| 20 | | pursuant to Section 223 of the Internal Revenue Code (26 |
| 21 | | U.S.C. 223). |
| 22 | | All screenings
shall
include a physical breast exam, |
| 23 | | instruction on self-examination and
information regarding the |
| 24 | | frequency of self-examination and its value as a
preventative |
| 25 | | tool. |
| 26 | | For purposes of this Section: |
|
| | HB5501 | - 1612 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Diagnostic
mammogram" means a mammogram obtained using |
| 2 | | diagnostic mammography. |
| 3 | | "Diagnostic
mammography" means a method of screening that |
| 4 | | is designed to
evaluate an abnormality in a breast, including |
| 5 | | an abnormality seen
or suspected on a screening mammogram or a |
| 6 | | subjective or objective
abnormality otherwise detected in the |
| 7 | | breast. |
| 8 | | "Low-dose mammography" means
the x-ray examination of the |
| 9 | | breast using equipment dedicated specifically
for mammography, |
| 10 | | including the x-ray tube, filter, compression device,
and |
| 11 | | image receptor, with an average radiation exposure delivery
of |
| 12 | | less than one rad per breast for 2 views of an average size |
| 13 | | breast.
The term also includes digital mammography and |
| 14 | | includes breast tomosynthesis. |
| 15 | | "Breast tomosynthesis" means a radiologic procedure that |
| 16 | | involves the acquisition of projection images over the |
| 17 | | stationary breast to produce cross-sectional digital |
| 18 | | three-dimensional images of the breast. |
| 19 | | If, at any time, the Secretary of the United States |
| 20 | | Department of Health and Human Services, or its successor |
| 21 | | agency, promulgates rules or regulations to be published in |
| 22 | | the Federal Register or publishes a comment in the Federal |
| 23 | | Register or issues an opinion, guidance, or other action that |
| 24 | | would require the State, pursuant to any provision of the |
| 25 | | Patient Protection and Affordable Care Act (Public Law |
| 26 | | 111-148), including, but not limited to, 42 U.S.C. |
|
| | HB5501 | - 1613 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 18031(d)(3)(B) or any successor provision, to defray the cost |
| 2 | | of any coverage for breast tomosynthesis outlined in this |
| 3 | | paragraph, then the requirement that an insurer cover breast |
| 4 | | tomosynthesis is inoperative other than any such coverage |
| 5 | | authorized under Section 1902 of the Social Security Act, 42 |
| 6 | | U.S.C. 1396a, and the State shall not assume any obligation |
| 7 | | for the cost of coverage for breast tomosynthesis set forth in |
| 8 | | this paragraph.
|
| 9 | | On and after January 1, 2016, the Department shall ensure |
| 10 | | that all networks of care for adult clients of the Department |
| 11 | | include access to at least one breast imaging Center of |
| 12 | | Imaging Excellence as certified by the American College of |
| 13 | | Radiology. |
| 14 | | On and after January 1, 2012, providers participating in a |
| 15 | | quality improvement program approved by the Department shall |
| 16 | | be reimbursed for screening and diagnostic mammography at the |
| 17 | | same rate as the Medicare program's rates, including the |
| 18 | | increased reimbursement for digital mammography. |
| 19 | | The Department shall convene an expert panel including |
| 20 | | representatives of hospitals, free-standing mammography |
| 21 | | facilities, and doctors, including radiologists, to establish |
| 22 | | quality standards for mammography. |
| 23 | | On and after January 1, 2017, providers participating in a |
| 24 | | breast cancer treatment quality improvement program approved |
| 25 | | by the Department shall be reimbursed for breast cancer |
| 26 | | treatment at a rate that is no lower than 95% of the Medicare |
|
| | HB5501 | - 1614 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | program's rates for the data elements included in the breast |
| 2 | | cancer treatment quality program. |
| 3 | | The Department shall convene an expert panel, including |
| 4 | | representatives of hospitals, free-standing breast cancer |
| 5 | | treatment centers, breast cancer quality organizations, and |
| 6 | | doctors, including breast surgeons, reconstructive breast |
| 7 | | surgeons, oncologists, and primary care providers to establish |
| 8 | | quality standards for breast cancer treatment. |
| 9 | | Subject to federal approval, the Department shall |
| 10 | | establish a rate methodology for mammography at federally |
| 11 | | qualified health centers and other encounter-rate clinics. |
| 12 | | These clinics or centers may also collaborate with other |
| 13 | | hospital-based mammography facilities. By January 1, 2016, the |
| 14 | | Department shall report to the General Assembly on the status |
| 15 | | of the provision set forth in this paragraph. |
| 16 | | The Department shall establish a methodology to remind |
| 17 | | individuals who are age-appropriate for screening mammography, |
| 18 | | but who have not received a mammogram within the previous 18 |
| 19 | | months, of the importance and benefit of screening |
| 20 | | mammography. The Department shall work with experts in breast |
| 21 | | cancer outreach and patient navigation to optimize these |
| 22 | | reminders and shall establish a methodology for evaluating |
| 23 | | their effectiveness and modifying the methodology based on the |
| 24 | | evaluation. |
| 25 | | The Department shall establish a performance goal for |
| 26 | | primary care providers with respect to their female patients |
|
| | HB5501 | - 1615 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | over age 40 receiving an annual mammogram. This performance |
| 2 | | goal shall be used to provide additional reimbursement in the |
| 3 | | form of a quality performance bonus to primary care providers |
| 4 | | who meet that goal. |
| 5 | | The Department shall devise a means of case-managing or |
| 6 | | patient navigation for beneficiaries diagnosed with breast |
| 7 | | cancer. This program shall initially operate as a pilot |
| 8 | | program in areas of the State with the highest incidence of |
| 9 | | mortality related to breast cancer. At least one pilot program |
| 10 | | site shall be in the metropolitan Chicago area and at least one |
| 11 | | site shall be outside the metropolitan Chicago area. On or |
| 12 | | after July 1, 2016, the pilot program shall be expanded to |
| 13 | | include one site in western Illinois, one site in southern |
| 14 | | Illinois, one site in central Illinois, and 4 sites within |
| 15 | | metropolitan Chicago. An evaluation of the pilot program shall |
| 16 | | be carried out measuring health outcomes and cost of care for |
| 17 | | those served by the pilot program compared to similarly |
| 18 | | situated patients who are not served by the pilot program. |
| 19 | | The Department shall require all networks of care to |
| 20 | | develop a means either internally or by contract with experts |
| 21 | | in navigation and community outreach to navigate cancer |
| 22 | | patients to comprehensive care in a timely fashion. The |
| 23 | | Department shall require all networks of care to include |
| 24 | | access for patients diagnosed with cancer to at least one |
| 25 | | academic commission on cancer-accredited cancer program as an |
| 26 | | in-network covered benefit. |
|
| | HB5501 | - 1616 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | On or after July 1, 2022, individuals who are otherwise |
| 2 | | eligible for medical assistance under this Article shall |
| 3 | | receive coverage for perinatal depression screenings for the |
| 4 | | 12-month period beginning on the last day of their pregnancy. |
| 5 | | Medical assistance coverage under this paragraph shall be |
| 6 | | conditioned on the use of a screening instrument approved by |
| 7 | | the Department. |
| 8 | | Any medical or health care provider shall immediately |
| 9 | | recommend, to
any pregnant individual who is being provided |
| 10 | | prenatal services and is suspected
of having a substance use |
| 11 | | disorder as defined in the Substance Use Disorder Act, |
| 12 | | referral to a local substance use disorder treatment program |
| 13 | | licensed by the Department of Human Services or to a licensed
|
| 14 | | hospital which provides substance abuse treatment services. |
| 15 | | The Department of Healthcare and Family Services
shall assure |
| 16 | | coverage for the cost of treatment of the drug abuse or
|
| 17 | | addiction for pregnant recipients in accordance with the |
| 18 | | Illinois Medicaid
Program in conjunction with the Department |
| 19 | | of Human Services.
|
| 20 | | All medical providers providing medical assistance to |
| 21 | | pregnant individuals
under this Code shall receive information |
| 22 | | from the Department on the
availability of services under any
|
| 23 | | program providing case management services for addicted |
| 24 | | individuals,
including information on appropriate referrals |
| 25 | | for other social services
that may be needed by addicted |
| 26 | | individuals in addition to treatment for addiction.
|
|
| | HB5501 | - 1617 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The Illinois Department, in cooperation with the |
| 2 | | Departments of Human
Services (as successor to the Department |
| 3 | | of Alcoholism and Substance
Abuse) and Public Health, through |
| 4 | | a public awareness campaign, may
provide information |
| 5 | | concerning treatment for alcoholism and drug abuse and
|
| 6 | | addiction, prenatal health care, and other pertinent programs |
| 7 | | directed at
reducing the number of drug-affected infants born |
| 8 | | to recipients of medical
assistance.
|
| 9 | | Neither the Department of Healthcare and Family Services |
| 10 | | nor the Department of Human
Services shall sanction the |
| 11 | | recipient solely on the basis of the recipient's
substance |
| 12 | | abuse.
|
| 13 | | The Illinois Department shall establish such regulations |
| 14 | | governing
the dispensing of health services under this Article |
| 15 | | as it shall deem
appropriate. The Department
should
seek the |
| 16 | | advice of formal professional advisory committees appointed by
|
| 17 | | the Director of the Illinois Department for the purpose of |
| 18 | | providing regular
advice on policy and administrative matters, |
| 19 | | information dissemination and
educational activities for |
| 20 | | medical and health care providers, and
consistency in |
| 21 | | procedures to the Illinois Department.
|
| 22 | | The Illinois Department may develop and contract with |
| 23 | | Partnerships of
medical providers to arrange medical services |
| 24 | | for persons eligible under
Section 5-2 of this Code. |
| 25 | | Implementation of this Section may be by
demonstration |
| 26 | | projects in certain geographic areas. The Partnership shall
be |
|
| | HB5501 | - 1618 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | represented by a sponsor organization. The Department, by |
| 2 | | rule, shall
develop qualifications for sponsors of |
| 3 | | Partnerships. Nothing in this
Section shall be construed to |
| 4 | | require that the sponsor organization be a
medical |
| 5 | | organization.
|
| 6 | | The sponsor must negotiate formal written contracts with |
| 7 | | medical
providers for physician services, inpatient and |
| 8 | | outpatient hospital care,
home health services, treatment for |
| 9 | | alcoholism and substance abuse, and
other services determined |
| 10 | | necessary by the Illinois Department by rule for
delivery by |
| 11 | | Partnerships. Physician services must include prenatal and
|
| 12 | | obstetrical care. The Illinois Department shall reimburse |
| 13 | | medical services
delivered by Partnership providers to clients |
| 14 | | in target areas according to
provisions of this Article and |
| 15 | | the Illinois Health Finance Reform Act,
except that:
|
| 16 | | (1) Physicians participating in a Partnership and |
| 17 | | providing certain
services, which shall be determined by |
| 18 | | the Illinois Department, to persons
in areas covered by |
| 19 | | the Partnership may receive an additional surcharge
for |
| 20 | | such services.
|
| 21 | | (2) The Department may elect to consider and negotiate |
| 22 | | financial
incentives to encourage the development of |
| 23 | | Partnerships and the efficient
delivery of medical care.
|
| 24 | | (3) Persons receiving medical services through |
| 25 | | Partnerships may receive
medical and case management |
| 26 | | services above the level usually offered
through the |
|
| | HB5501 | - 1619 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | medical assistance program.
|
| 2 | | Medical providers shall be required to meet certain |
| 3 | | qualifications to
participate in Partnerships to ensure the |
| 4 | | delivery of high quality medical
services. These |
| 5 | | qualifications shall be determined by rule of the Illinois
|
| 6 | | Department and may be higher than qualifications for |
| 7 | | participation in the
medical assistance program. Partnership |
| 8 | | sponsors may prescribe reasonable
additional qualifications |
| 9 | | for participation by medical providers, only with
the prior |
| 10 | | written approval of the Illinois Department.
|
| 11 | | Nothing in this Section shall limit the free choice of |
| 12 | | practitioners,
hospitals, and other providers of medical |
| 13 | | services by clients.
In order to ensure patient freedom of |
| 14 | | choice, the Illinois Department shall
immediately promulgate |
| 15 | | all rules and take all other necessary actions so that
|
| 16 | | provided services may be accessed from therapeutically |
| 17 | | certified optometrists
to the full extent of the Illinois |
| 18 | | Optometric Practice Act of 1987 without
discriminating between |
| 19 | | service providers.
|
| 20 | | The Department shall apply for a waiver from the United |
| 21 | | States Health
Care Financing Administration to allow for the |
| 22 | | implementation of
Partnerships under this Section.
|
| 23 | | The Illinois Department shall require health care |
| 24 | | providers to maintain
records that document the medical care |
| 25 | | and services provided to recipients
of Medical Assistance |
| 26 | | under this Article. Such records must be retained for a period |
|
| | HB5501 | - 1620 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of not less than 6 years from the date of service or as |
| 2 | | provided by applicable State law, whichever period is longer, |
| 3 | | except that if an audit is initiated within the required |
| 4 | | retention period then the records must be retained until the |
| 5 | | audit is completed and every exception is resolved. The |
| 6 | | Illinois Department shall
require health care providers to |
| 7 | | make available, when authorized by the
patient, in writing, |
| 8 | | the medical records in a timely fashion to other
health care |
| 9 | | providers who are treating or serving persons eligible for
|
| 10 | | Medical Assistance under this Article. All dispensers of |
| 11 | | medical services
shall be required to maintain and retain |
| 12 | | business and professional records
sufficient to fully and |
| 13 | | accurately document the nature, scope, details and
receipt of |
| 14 | | the health care provided to persons eligible for medical
|
| 15 | | assistance under this Code, in accordance with regulations |
| 16 | | promulgated by
the Illinois Department. The rules and |
| 17 | | regulations shall require that proof
of the receipt of |
| 18 | | prescription drugs, dentures, prosthetic devices and
|
| 19 | | eyeglasses by eligible persons under this Section accompany |
| 20 | | each claim
for reimbursement submitted by the dispenser of |
| 21 | | such medical services.
No such claims for reimbursement shall |
| 22 | | be approved for payment by the Illinois
Department without |
| 23 | | such proof of receipt, unless the Illinois Department
shall |
| 24 | | have put into effect and shall be operating a system of |
| 25 | | post-payment
audit and review which shall, on a sampling |
| 26 | | basis, be deemed adequate by
the Illinois Department to assure |
|
| | HB5501 | - 1621 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | that such drugs, dentures, prosthetic
devices and eyeglasses |
| 2 | | for which payment is being made are actually being
received by |
| 3 | | eligible recipients. Within 90 days after September 16, 1984 |
| 4 | | (the effective date of Public Act 83-1439), the Illinois |
| 5 | | Department shall establish a
current list of acquisition costs |
| 6 | | for all prosthetic devices and any
other items recognized as |
| 7 | | medical equipment and supplies reimbursable under
this Article |
| 8 | | and shall update such list on a quarterly basis, except that
|
| 9 | | the acquisition costs of all prescription drugs shall be |
| 10 | | updated no
less frequently than every 30 days as required by |
| 11 | | Section 5-5.12.
|
| 12 | | Notwithstanding any other law to the contrary, the |
| 13 | | Illinois Department shall, within 365 days after July 22, 2013 |
| 14 | | (the effective date of Public Act 98-104), establish |
| 15 | | procedures to permit skilled care facilities licensed under |
| 16 | | the Nursing Home Care Act to submit monthly billing claims for |
| 17 | | reimbursement purposes. Following development of these |
| 18 | | procedures, the Department shall, by July 1, 2016, test the |
| 19 | | viability of the new system and implement any necessary |
| 20 | | operational or structural changes to its information |
| 21 | | technology platforms in order to allow for the direct |
| 22 | | acceptance and payment of nursing home claims. |
| 23 | | Notwithstanding any other law to the contrary, the |
| 24 | | Illinois Department shall, within 365 days after August 15, |
| 25 | | 2014 (the effective date of Public Act 98-963), establish |
| 26 | | procedures to permit ID/DD facilities licensed under the ID/DD |
|
| | HB5501 | - 1622 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Community Care Act and MC/DD facilities licensed under the |
| 2 | | MC/DD Act to submit monthly billing claims for reimbursement |
| 3 | | purposes. Following development of these procedures, the |
| 4 | | Department shall have an additional 365 days to test the |
| 5 | | viability of the new system and to ensure that any necessary |
| 6 | | operational or structural changes to its information |
| 7 | | technology platforms are implemented. |
| 8 | | The Illinois Department shall require all dispensers of |
| 9 | | medical
services, other than an individual practitioner or |
| 10 | | group of practitioners,
desiring to participate in the Medical |
| 11 | | Assistance program
established under this Article to disclose |
| 12 | | all financial, beneficial,
ownership, equity, surety or other |
| 13 | | interests in any and all firms,
corporations, partnerships, |
| 14 | | associations, business enterprises, joint
ventures, agencies, |
| 15 | | institutions or other legal entities providing any
form of |
| 16 | | health care services in this State under this Article.
|
| 17 | | The Illinois Department may require that all dispensers of |
| 18 | | medical
services desiring to participate in the medical |
| 19 | | assistance program
established under this Article disclose, |
| 20 | | under such terms and conditions as
the Illinois Department may |
| 21 | | by rule establish, all inquiries from clients
and attorneys |
| 22 | | regarding medical bills paid by the Illinois Department, which
|
| 23 | | inquiries could indicate potential existence of claims or |
| 24 | | liens for the
Illinois Department.
|
| 25 | | Enrollment of a vendor
shall be
subject to a provisional |
| 26 | | period and shall be conditional for one year. During the |
|
| | HB5501 | - 1623 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | period of conditional enrollment, the Department may
terminate |
| 2 | | the vendor's eligibility to participate in, or may disenroll |
| 3 | | the vendor from, the medical assistance
program without cause. |
| 4 | | Unless otherwise specified, such termination of eligibility or |
| 5 | | disenrollment is not subject to the
Department's hearing |
| 6 | | process.
However, a disenrolled vendor may reapply without |
| 7 | | penalty.
|
| 8 | | The Department has the discretion to limit the conditional |
| 9 | | enrollment period for vendors based upon category of risk of |
| 10 | | the vendor. |
| 11 | | Prior to enrollment and during the conditional enrollment |
| 12 | | period in the medical assistance program, all vendors shall be |
| 13 | | subject to enhanced oversight, screening, and review based on |
| 14 | | the risk of fraud, waste, and abuse that is posed by the |
| 15 | | category of risk of the vendor. The Illinois Department shall |
| 16 | | establish the procedures for oversight, screening, and review, |
| 17 | | which may include, but need not be limited to: criminal and |
| 18 | | financial background checks; fingerprinting; license, |
| 19 | | certification, and authorization verifications; unscheduled or |
| 20 | | unannounced site visits; database checks; prepayment audit |
| 21 | | reviews; audits; payment caps; payment suspensions; and other |
| 22 | | screening as required by federal or State law. |
| 23 | | The Department shall define or specify the following: (i) |
| 24 | | by provider notice, the "category of risk of the vendor" for |
| 25 | | each type of vendor, which shall take into account the level of |
| 26 | | screening applicable to a particular category of vendor under |
|
| | HB5501 | - 1624 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | federal law and regulations; (ii) by rule or provider notice, |
| 2 | | the maximum length of the conditional enrollment period for |
| 3 | | each category of risk of the vendor; and (iii) by rule, the |
| 4 | | hearing rights, if any, afforded to a vendor in each category |
| 5 | | of risk of the vendor that is terminated or disenrolled during |
| 6 | | the conditional enrollment period. |
| 7 | | To be eligible for payment consideration, a vendor's |
| 8 | | payment claim or bill, either as an initial claim or as a |
| 9 | | resubmitted claim following prior rejection, must be received |
| 10 | | by the Illinois Department, or its fiscal intermediary, no |
| 11 | | later than 180 days after the latest date on the claim on which |
| 12 | | medical goods or services were provided, with the following |
| 13 | | exceptions: |
| 14 | | (1) In the case of a provider whose enrollment is in |
| 15 | | process by the Illinois Department, the 180-day period |
| 16 | | shall not begin until the date on the written notice from |
| 17 | | the Illinois Department that the provider enrollment is |
| 18 | | complete. |
| 19 | | (2) In the case of errors attributable to the Illinois |
| 20 | | Department or any of its claims processing intermediaries |
| 21 | | which result in an inability to receive, process, or |
| 22 | | adjudicate a claim, the 180-day period shall not begin |
| 23 | | until the provider has been notified of the error. |
| 24 | | (3) In the case of a provider for whom the Illinois |
| 25 | | Department initiates the monthly billing process. |
| 26 | | (4) In the case of a provider operated by a unit of |
|
| | HB5501 | - 1625 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | local government with a population exceeding 3,000,000 |
| 2 | | when local government funds finance federal participation |
| 3 | | for claims payments. |
| 4 | | For claims for services rendered during a period for which |
| 5 | | a recipient received retroactive eligibility, claims must be |
| 6 | | filed within 180 days after the Department determines the |
| 7 | | applicant is eligible. For claims for which the Illinois |
| 8 | | Department is not the primary payer, claims must be submitted |
| 9 | | to the Illinois Department within 180 days after the final |
| 10 | | adjudication by the primary payer. |
| 11 | | In the case of long term care facilities, within 120 |
| 12 | | calendar days of receipt by the facility of required |
| 13 | | prescreening information, new admissions with associated |
| 14 | | admission documents shall be submitted through the Medical |
| 15 | | Electronic Data Interchange (MEDI) or the Recipient |
| 16 | | Eligibility Verification (REV) System or shall be submitted |
| 17 | | directly to the Department of Human Services using required |
| 18 | | admission forms. Effective September
1, 2014, admission |
| 19 | | documents, including all prescreening
information, must be |
| 20 | | submitted through MEDI or REV. Confirmation numbers assigned |
| 21 | | to an accepted transaction shall be retained by a facility to |
| 22 | | verify timely submittal. Once an admission transaction has |
| 23 | | been completed, all resubmitted claims following prior |
| 24 | | rejection are subject to receipt no later than 180 days after |
| 25 | | the admission transaction has been completed. |
| 26 | | Claims that are not submitted and received in compliance |
|
| | HB5501 | - 1626 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with the foregoing requirements shall not be eligible for |
| 2 | | payment under the medical assistance program, and the State |
| 3 | | shall have no liability for payment of those claims. |
| 4 | | To the extent consistent with applicable information and |
| 5 | | privacy, security, and disclosure laws, State and federal |
| 6 | | agencies and departments shall provide the Illinois Department |
| 7 | | access to confidential and other information and data |
| 8 | | necessary to perform eligibility and payment verifications and |
| 9 | | other Illinois Department functions. This includes, but is not |
| 10 | | limited to: information pertaining to licensure; |
| 11 | | certification; earnings; immigration status; citizenship; wage |
| 12 | | reporting; unearned and earned income; pension income; |
| 13 | | employment; supplemental security income; social security |
| 14 | | numbers; National Provider Identifier (NPI) numbers; the |
| 15 | | National Practitioner Data Bank (NPDB); program and agency |
| 16 | | exclusions; taxpayer identification numbers; tax delinquency; |
| 17 | | corporate information; and death records. |
| 18 | | The Illinois Department shall enter into agreements with |
| 19 | | State agencies and departments, and is authorized to enter |
| 20 | | into agreements with federal agencies and departments, under |
| 21 | | which such agencies and departments shall share data necessary |
| 22 | | for medical assistance program integrity functions and |
| 23 | | oversight. The Illinois Department shall develop, in |
| 24 | | cooperation with other State departments and agencies, and in |
| 25 | | compliance with applicable federal laws and regulations, |
| 26 | | appropriate and effective methods to share such data. At a |
|
| | HB5501 | - 1627 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | minimum, and to the extent necessary to provide data sharing, |
| 2 | | the Illinois Department shall enter into agreements with State |
| 3 | | agencies and departments, and is authorized to enter into |
| 4 | | agreements with federal agencies and departments, including, |
| 5 | | but not limited to: the Secretary of State; the Department of |
| 6 | | Revenue; the Department of Public Health; the Department of |
| 7 | | Human Services; and the Department of Financial and |
| 8 | | Professional Regulation. |
| 9 | | Beginning in fiscal year 2013, the Illinois Department |
| 10 | | shall set forth a request for information to identify the |
| 11 | | benefits of a pre-payment, post-adjudication, and post-edit |
| 12 | | claims system with the goals of streamlining claims processing |
| 13 | | and provider reimbursement, reducing the number of pending or |
| 14 | | rejected claims, and helping to ensure a more transparent |
| 15 | | adjudication process through the utilization of: (i) provider |
| 16 | | data verification and provider screening technology; and (ii) |
| 17 | | clinical code editing; and (iii) pre-pay, pre- or |
| 18 | | post-adjudicated predictive modeling with an integrated case |
| 19 | | management system with link analysis. Such a request for |
| 20 | | information shall not be considered as a request for proposal |
| 21 | | or as an obligation on the part of the Illinois Department to |
| 22 | | take any action or acquire any products or services. |
| 23 | | The Illinois Department shall establish policies, |
| 24 | | procedures,
standards and criteria by rule for the |
| 25 | | acquisition, repair and replacement
of orthotic and prosthetic |
| 26 | | devices and durable medical equipment. Such
rules shall |
|
| | HB5501 | - 1628 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provide, but not be limited to, the following services: (1)
|
| 2 | | immediate repair or replacement of such devices by recipients; |
| 3 | | and (2) rental, lease, purchase or lease-purchase of
durable |
| 4 | | medical equipment in a cost-effective manner, taking into
|
| 5 | | consideration the recipient's medical prognosis, the extent of |
| 6 | | the
recipient's needs, and the requirements and costs for |
| 7 | | maintaining such
equipment. Subject to prior approval, such |
| 8 | | rules shall enable a recipient to temporarily acquire and
use |
| 9 | | alternative or substitute devices or equipment pending repairs |
| 10 | | or
replacements of any device or equipment previously |
| 11 | | authorized for such
recipient by the Department. |
| 12 | | Notwithstanding any provision of Section 5-5f to the contrary, |
| 13 | | the Department may, by rule, exempt certain replacement |
| 14 | | wheelchair parts from prior approval and, for wheelchairs, |
| 15 | | wheelchair parts, wheelchair accessories, and related seating |
| 16 | | and positioning items, determine the wholesale price by |
| 17 | | methods other than actual acquisition costs. |
| 18 | | The Department shall require, by rule, all providers of |
| 19 | | durable medical equipment to be accredited by an accreditation |
| 20 | | organization approved by the federal Centers for Medicare and |
| 21 | | Medicaid Services and recognized by the Department in order to |
| 22 | | bill the Department for providing durable medical equipment to |
| 23 | | recipients. No later than 15 months after the effective date |
| 24 | | of the rule adopted pursuant to this paragraph, all providers |
| 25 | | must meet the accreditation requirement.
|
| 26 | | In order to promote environmental responsibility, meet the |
|
| | HB5501 | - 1629 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | needs of recipients and enrollees, and achieve significant |
| 2 | | cost savings, the Department, or a managed care organization |
| 3 | | under contract with the Department, may provide recipients or |
| 4 | | managed care enrollees who have a prescription or Certificate |
| 5 | | of Medical Necessity access to refurbished durable medical |
| 6 | | equipment under this Section (excluding prosthetic and |
| 7 | | orthotic devices as defined in the Orthotics, Prosthetics, and |
| 8 | | Pedorthics Practice Act and complex rehabilitation technology |
| 9 | | products and associated services) through the State's |
| 10 | | assistive technology program's reutilization program, using |
| 11 | | staff with the Assistive Technology Professional (ATP) |
| 12 | | Certification if the refurbished durable medical equipment: |
| 13 | | (i) is available; (ii) is less expensive, including shipping |
| 14 | | costs, than new durable medical equipment of the same type; |
| 15 | | (iii) is able to withstand at least 3 years of use; (iv) is |
| 16 | | cleaned, disinfected, sterilized, and safe in accordance with |
| 17 | | federal Food and Drug Administration regulations and guidance |
| 18 | | governing the reprocessing of medical devices in health care |
| 19 | | settings; and (v) equally meets the needs of the recipient or |
| 20 | | enrollee. The reutilization program shall confirm that the |
| 21 | | recipient or enrollee is not already in receipt of the same or |
| 22 | | similar equipment from another service provider, and that the |
| 23 | | refurbished durable medical equipment equally meets the needs |
| 24 | | of the recipient or enrollee. Nothing in this paragraph shall |
| 25 | | be construed to limit recipient or enrollee choice to obtain |
| 26 | | new durable medical equipment or place any additional prior |
|
| | HB5501 | - 1630 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authorization conditions on enrollees of managed care |
| 2 | | organizations. |
| 3 | | The Department shall execute, relative to the nursing home |
| 4 | | prescreening
project, written inter-agency agreements with the |
| 5 | | Department of Human
Services and the Department on Aging, to |
| 6 | | effect the following: (i) intake
procedures and common |
| 7 | | eligibility criteria for those persons who are receiving
|
| 8 | | non-institutional services; and (ii) the establishment and |
| 9 | | development of
non-institutional services in areas of the |
| 10 | | State where they are not currently
available or are |
| 11 | | undeveloped; and (iii) notwithstanding any other provision of |
| 12 | | law, subject to federal approval, on and after July 1, 2012, an |
| 13 | | increase in the determination of need (DON) scores from 29 to |
| 14 | | 37 for applicants for institutional and home and |
| 15 | | community-based long term care; if and only if federal |
| 16 | | approval is not granted, the Department may, in conjunction |
| 17 | | with other affected agencies, implement utilization controls |
| 18 | | or changes in benefit packages to effectuate a similar savings |
| 19 | | amount for this population; and (iv) no later than July 1, |
| 20 | | 2013, minimum level of care eligibility criteria for |
| 21 | | institutional and home and community-based long term care; and |
| 22 | | (v) no later than October 1, 2013, establish procedures to |
| 23 | | permit long term care providers access to eligibility scores |
| 24 | | for individuals with an admission date who are seeking or |
| 25 | | receiving services from the long term care provider. In order |
| 26 | | to select the minimum level of care eligibility criteria, the |
|
| | HB5501 | - 1631 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Governor shall establish a workgroup that includes affected |
| 2 | | agency representatives and stakeholders representing the |
| 3 | | institutional and home and community-based long term care |
| 4 | | interests. This Section shall not restrict the Department from |
| 5 | | implementing lower level of care eligibility criteria for |
| 6 | | community-based services in circumstances where federal |
| 7 | | 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 |
| 12 | | and programs for monitoring of
utilization of health care |
| 13 | | services and facilities, as it affects
persons eligible for |
| 14 | | medical 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 |
|
| | HB5501 | - 1632 - | LRB102 24698 AMC 33937 b |
|
|
|
| 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 requirement for reporting to the General |
| 4 | | Assembly shall be satisfied
by filing copies of the report as |
| 5 | | required by Section 3.1 of the General Assembly Organization |
| 6 | | Act, and filing such additional
copies
with the State |
| 7 | | Government Report Distribution Center for the General
Assembly |
| 8 | | as is required under paragraph (t) of Section 7 of the State
|
| 9 | | Library Act.
|
| 10 | | Rulemaking authority to implement Public Act 95-1045, if |
| 11 | | any, is conditioned on the rules being adopted in accordance |
| 12 | | with all provisions of the Illinois Administrative Procedure |
| 13 | | Act and all rules and procedures of the Joint Committee on |
| 14 | | Administrative Rules; any purported rule not so adopted, for |
| 15 | | whatever reason, is unauthorized. |
| 16 | | 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 |
| 19 | | of reimbursement for services or other payments in accordance |
| 20 | | with Section 5-5e. |
| 21 | | Because kidney transplantation can be an appropriate, |
| 22 | | cost-effective
alternative to renal dialysis when medically |
| 23 | | necessary and notwithstanding the provisions of Section 1-11 |
| 24 | | of this Code, beginning October 1, 2014, the Department shall |
| 25 | | cover kidney transplantation for noncitizens with end-stage |
| 26 | | renal disease who are not eligible for comprehensive medical |
|
| | HB5501 | - 1633 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | benefits, who meet the residency requirements of Section 5-3 |
| 2 | | of this Code, and who would otherwise meet the financial |
| 3 | | requirements of the appropriate class of eligible persons |
| 4 | | under Section 5-2 of this Code. To qualify for coverage of |
| 5 | | kidney transplantation, such person must be receiving |
| 6 | | emergency renal dialysis services covered by the Department. |
| 7 | | Providers under this Section shall be prior approved and |
| 8 | | certified by the Department to perform kidney transplantation |
| 9 | | and the services under this Section shall be limited to |
| 10 | | services associated with kidney transplantation. |
| 11 | | Notwithstanding any other provision of this Code to the |
| 12 | | contrary, on or after July 1, 2015, all FDA approved forms of |
| 13 | | medication assisted treatment prescribed for the treatment of |
| 14 | | alcohol dependence or treatment of opioid dependence shall be |
| 15 | | covered under both fee for service and managed care medical |
| 16 | | assistance programs for persons who are otherwise eligible for |
| 17 | | medical assistance under this Article and shall not be subject |
| 18 | | to any (1) utilization control, other than those established |
| 19 | | under the American Society of Addiction Medicine patient |
| 20 | | placement criteria,
(2) prior authorization mandate, or (3) |
| 21 | | lifetime restriction limit
mandate. |
| 22 | | On or after July 1, 2015, opioid antagonists prescribed |
| 23 | | for the treatment of an opioid overdose, including the |
| 24 | | medication product, administration devices, and any pharmacy |
| 25 | | fees or hospital fees related to the dispensing, distribution, |
| 26 | | and administration of the opioid antagonist, shall be covered |
|
| | HB5501 | - 1634 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | under the medical assistance program for persons who are |
| 2 | | otherwise eligible for medical assistance under this Article. |
| 3 | | As used in this Section, "opioid antagonist" means a drug that |
| 4 | | binds to opioid receptors and blocks or inhibits the effect of |
| 5 | | opioids acting on those receptors, including, but not limited |
| 6 | | to, naloxone hydrochloride or any other similarly acting drug |
| 7 | | approved by the U.S. Food and Drug Administration. |
| 8 | | Upon federal approval, the Department shall provide |
| 9 | | coverage and reimbursement for all drugs that are approved for |
| 10 | | marketing by the federal Food and Drug Administration and that |
| 11 | | are recommended by the federal Public Health Service or the |
| 12 | | United States Centers for Disease Control and Prevention for |
| 13 | | pre-exposure prophylaxis and related pre-exposure prophylaxis |
| 14 | | services, including, but not limited to, HIV and sexually |
| 15 | | transmitted infection screening, treatment for sexually |
| 16 | | transmitted infections, medical monitoring, assorted labs, and |
| 17 | | counseling to reduce the likelihood of HIV infection among |
| 18 | | individuals who are not infected with HIV but who are at high |
| 19 | | risk of HIV infection. |
| 20 | | A federally qualified health center, as defined in Section |
| 21 | | 1905(l)(2)(B) of the federal
Social Security Act, shall be |
| 22 | | reimbursed by the Department in accordance with the federally |
| 23 | | qualified health center's encounter rate for services provided |
| 24 | | to medical assistance recipients that are performed by a |
| 25 | | dental hygienist, as defined under the Illinois Dental |
| 26 | | Practice Act, working under the general supervision of a |
|
| | HB5501 | - 1635 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | dentist and employed by a federally qualified health center. |
| 2 | | Within 90 days after October 8, 2021 (the effective date |
| 3 | | of Public Act 102-665) this amendatory Act of the 102nd |
| 4 | | General Assembly, the Department shall seek federal approval |
| 5 | | of a State Plan amendment to expand coverage for family |
| 6 | | planning services that includes presumptive eligibility to |
| 7 | | individuals whose income is at or below 208% of the federal |
| 8 | | poverty level. Coverage under this Section shall be effective |
| 9 | | beginning no later than December 1, 2022. |
| 10 | | Subject to approval by the federal Centers for Medicare |
| 11 | | and Medicaid Services of a Title XIX State Plan amendment |
| 12 | | electing the Program of All-Inclusive Care for the Elderly |
| 13 | | (PACE) as a State Medicaid option, as provided for by Subtitle |
| 14 | | I (commencing with Section 4801) of Title IV of the Balanced |
| 15 | | Budget Act of 1997 (Public Law 105-33) and Part 460 |
| 16 | | (commencing with Section 460.2) of Subchapter E of Title 42 of |
| 17 | | the Code of Federal Regulations, PACE program services shall |
| 18 | | become a covered benefit of the medical assistance program, |
| 19 | | subject to criteria established in accordance with all |
| 20 | | applicable laws. |
| 21 | | Notwithstanding any other provision of this Code, |
| 22 | | community-based pediatric palliative care from a trained |
| 23 | | interdisciplinary team shall be covered under the medical |
| 24 | | assistance program as provided in Section 15 of the Pediatric |
| 25 | | Palliative
Care Act. |
| 26 | | (Source: P.A. 101-209, eff. 8-5-19; 101-580, eff. 1-1-20; |
|
| | HB5501 | - 1636 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 102-43, Article 30, Section 30-5, eff. 7-6-21; 102-43, Article |
| 2 | | 35, Section 35-5, eff. 7-6-21; 102-43, Article 55, Section |
| 3 | | 55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, eff. 1-1-22; |
| 4 | | 102-558, eff. 8-20-21; 102-598, eff. 1-1-22; 102-655, eff. |
| 5 | | 1-1-22; 102-665, eff. 10-8-21; revised 11-18-21.)
|
| 6 | | (305 ILCS 5/5-5.12d) |
| 7 | | Sec. 5-5.12d. Coverage for patient care services for |
| 8 | | hormonal contraceptives provided by a pharmacist. |
| 9 | | (a) Subject to approval by the federal Centers for |
| 10 | | Medicare and Medicaid Services, the medical assistance |
| 11 | | program, including both the fee-for-service and managed care |
| 12 | | medical assistance programs established under this Article, |
| 13 | | shall cover patient care services provided by a pharmacist for |
| 14 | | hormonal contraceptives assessment and consultation. |
| 15 | | (b) The Department shall establish a fee schedule for |
| 16 | | patient care services provided by a pharmacist for hormonal |
| 17 | | contraceptives assessment and consultation. |
| 18 | | (c) The rate of reimbursement for patient care services |
| 19 | | provided by a pharmacist for hormonal contraceptives |
| 20 | | assessment and consultation shall be at 85% of the fee |
| 21 | | schedule for physician services by the medical assistance |
| 22 | | program. |
| 23 | | (d) A pharmacist must be enrolled in the medical |
| 24 | | assistance program as an ordering and referring provider prior |
| 25 | | to providing hormonal contraceptives assessment and |
|
| | HB5501 | - 1638 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (305 ILCS 5/5-5f)
|
| 2 | | Sec. 5-5f. Elimination and limitations of medical |
| 3 | | assistance services. Notwithstanding any other provision of |
| 4 | | this Code to the contrary, on and after July 1, 2012: |
| 5 | | (a) The following service shall no longer be a covered |
| 6 | | service available under this Code: group psychotherapy for |
| 7 | | residents of any facility licensed under the Nursing Home |
| 8 | | Care Act or the Specialized Mental Health Rehabilitation |
| 9 | | Act of 2013. |
| 10 | | (b) The Department shall place the following |
| 11 | | limitations on services: (i) the Department shall limit |
| 12 | | adult eyeglasses to one pair every 2 years; however, the |
| 13 | | limitation does not apply to an individual who needs |
| 14 | | different eyeglasses following a surgical procedure such |
| 15 | | as cataract surgery; (ii) the Department shall set an |
| 16 | | annual limit of a maximum of 20 visits for each of the |
| 17 | | following services: adult speech, hearing, and language |
| 18 | | therapy services, adult occupational therapy services, and |
| 19 | | physical therapy services; on or after October 1, 2014, |
| 20 | | the annual maximum limit of 20 visits shall expire but the |
| 21 | | Department may require prior approval for all individuals |
| 22 | | for speech, hearing, and language therapy services, |
| 23 | | occupational therapy services, and physical therapy |
| 24 | | services; (iii) the Department shall limit adult podiatry |
| 25 | | services to individuals with diabetes; on or after October |
|
| | HB5501 | - 1639 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 1, 2014, podiatry services shall not be limited to |
| 2 | | individuals with diabetes; (iv) the Department shall pay |
| 3 | | for caesarean sections at the normal vaginal delivery rate |
| 4 | | unless a caesarean section was medically necessary; (v) |
| 5 | | the Department shall limit adult dental services to |
| 6 | | emergencies; beginning July 1, 2013, the Department shall |
| 7 | | ensure that the following conditions are recognized as |
| 8 | | emergencies: (A) dental services necessary for an |
| 9 | | individual in order for the individual to be cleared for a |
| 10 | | medical procedure, such as a transplant;
(B) extractions |
| 11 | | and dentures necessary for a diabetic to receive proper |
| 12 | | nutrition;
(C) extractions and dentures necessary as a |
| 13 | | result of cancer treatment; and (D) dental services |
| 14 | | necessary for the health of a pregnant woman prior to |
| 15 | | delivery of her baby; on or after July 1, 2014, adult |
| 16 | | dental services shall no longer be limited to emergencies, |
| 17 | | and dental services necessary for the health of a pregnant |
| 18 | | woman prior to delivery of her baby shall continue to be |
| 19 | | covered; and (vi) effective July 1, 2012 through June 30, |
| 20 | | 2021, the Department shall place limitations and require |
| 21 | | concurrent review on every inpatient detoxification stay |
| 22 | | to prevent repeat admissions to any hospital for |
| 23 | | detoxification within 60 days of a previous inpatient |
| 24 | | detoxification stay. The Department shall convene a |
| 25 | | workgroup of hospitals, substance abuse providers, care |
| 26 | | coordination entities, managed care plans, and other |
|
| | HB5501 | - 1640 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | stakeholders to develop recommendations for quality |
| 2 | | standards, diversion to other settings, and admission |
| 3 | | criteria for patients who need inpatient detoxification, |
| 4 | | which shall be published on the Department's website no |
| 5 | | later than September 1, 2013. |
| 6 | | (c) The Department shall require prior approval of the |
| 7 | | following services: wheelchair repairs costing more than |
| 8 | | $750, coronary artery bypass graft, and bariatric surgery |
| 9 | | consistent with Medicare standards concerning patient |
| 10 | | responsibility. Wheelchair repair prior approval requests |
| 11 | | shall be adjudicated within one business day of receipt of |
| 12 | | complete supporting documentation. Providers may not break |
| 13 | | wheelchair repairs into separate claims for purposes of |
| 14 | | staying under the $750 threshold for requiring prior |
| 15 | | approval. The wholesale price of manual and power |
| 16 | | wheelchairs, durable medical equipment and supplies, and |
| 17 | | complex rehabilitation technology products and services |
| 18 | | shall be defined as actual acquisition cost including all |
| 19 | | discounts. |
| 20 | | (d) The Department shall establish benchmarks for |
| 21 | | hospitals to measure and align payments to reduce |
| 22 | | potentially preventable hospital readmissions, inpatient |
| 23 | | complications, and unnecessary emergency room visits. In |
| 24 | | doing so, the Department shall consider items, including, |
| 25 | | but not limited to, historic and current acuity of care |
| 26 | | and historic and current trends in readmission. The |
|
| | HB5501 | - 1641 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department shall publish provider-specific historical |
| 2 | | readmission data and anticipated potentially preventable |
| 3 | | targets 60 days prior to the start of the program. In the |
| 4 | | instance of readmissions, the Department shall adopt |
| 5 | | policies and rates of reimbursement for services and other |
| 6 | | payments provided under this Code to ensure that, by June |
| 7 | | 30, 2013, expenditures to hospitals are reduced by, at a |
| 8 | | minimum, $40,000,000. |
| 9 | | (e) The Department shall establish utilization |
| 10 | | controls for the hospice program such that it shall not |
| 11 | | pay for other care services when an individual is in |
| 12 | | hospice. |
| 13 | | (f) For home health services, the Department shall |
| 14 | | require Medicare certification of providers participating |
| 15 | | in the program and implement the Medicare face-to-face |
| 16 | | encounter rule. The Department shall require providers to |
| 17 | | implement auditable electronic service verification based |
| 18 | | on global positioning systems or other cost-effective |
| 19 | | technology. |
| 20 | | (g) For the Home Services Program operated by the |
| 21 | | Department of Human Services and the Community Care |
| 22 | | Program operated by the Department on Aging, the |
| 23 | | Department of Human Services, in cooperation with the |
| 24 | | Department on Aging, shall implement an electronic service |
| 25 | | verification based on global positioning systems or other |
| 26 | | cost-effective technology. |
|
| | HB5501 | - 1642 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (h) Effective with inpatient hospital admissions on or |
| 2 | | after July 1, 2012, the Department shall reduce the |
| 3 | | payment for a claim that indicates the occurrence of a |
| 4 | | provider-preventable condition during the admission as |
| 5 | | specified by the Department in rules. The Department shall |
| 6 | | not pay for services related to an other |
| 7 | | provider-preventable condition. |
| 8 | | As used in this subsection (h): |
| 9 | | "Provider-preventable condition" means a health care |
| 10 | | acquired condition as defined under the federal Medicaid |
| 11 | | regulation found at 42 CFR 447.26 or an other |
| 12 | | provider-preventable condition. |
| 13 | | "Other provider-preventable condition" means a wrong |
| 14 | | surgical or other invasive procedure performed on a |
| 15 | | patient, a surgical or other invasive procedure performed |
| 16 | | on the wrong body part, or a surgical procedure or other |
| 17 | | invasive procedure performed on the wrong patient. |
| 18 | | (i) The Department shall implement cost savings |
| 19 | | initiatives for advanced imaging services, cardiac imaging |
| 20 | | services, pain management services, and back surgery. Such |
| 21 | | initiatives shall be designed to achieve annual costs |
| 22 | | savings.
|
| 23 | | (j) The Department shall ensure that beneficiaries |
| 24 | | with a diagnosis of epilepsy or seizure disorder in |
| 25 | | Department records will not require prior approval for |
| 26 | | anticonvulsants. |
|
| | HB5501 | - 1643 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Source: P.A. 101-209, eff. 8-5-19; 102-43, Article 5, Section |
| 2 | | 5-5, eff. 7-6-21; 102-43, Article 30, Section 30-5, eff. |
| 3 | | 7-6-21; 102-43, Article 80, Section 80-5, eff. 7-6-21; revised |
| 4 | | 7-15-21.)
|
| 5 | | (305 ILCS 5/5-16.8)
|
| 6 | | Sec. 5-16.8. Required health benefits. The medical |
| 7 | | assistance program
shall
(i) provide the post-mastectomy care |
| 8 | | benefits required to be covered by a policy of
accident and |
| 9 | | health insurance under Section 356t and the coverage required
|
| 10 | | under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6, |
| 11 | | 356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46, |
| 12 | | 356z.47, and 356z.51 and 356z.43 of the Illinois
Insurance |
| 13 | | Code, (ii) be subject to the provisions of Sections 356z.19, |
| 14 | | 356z.43, 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the |
| 15 | | Illinois
Insurance Code, and (iii) be subject to the |
| 16 | | provisions of subsection (d-5) of Section 10 of the Network |
| 17 | | Adequacy and Transparency Act.
|
| 18 | | The Department, by rule, shall adopt a model similar to |
| 19 | | the requirements of Section 356z.39 of the Illinois Insurance |
| 20 | | Code. |
| 21 | | On and after July 1, 2012, the Department shall reduce any |
| 22 | | rate of reimbursement for services or other payments or alter |
| 23 | | any methodologies authorized by this Code to reduce any rate |
| 24 | | of reimbursement for services or other payments in accordance |
| 25 | | with Section 5-5e. |
|
| | HB5501 | - 1644 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | To ensure full access to the benefits set forth in this |
| 2 | | Section, on and after January 1, 2016, the Department shall |
| 3 | | ensure that provider and hospital reimbursement for |
| 4 | | post-mastectomy care benefits required under this Section are |
| 5 | | no lower than the Medicare reimbursement rate. |
| 6 | | (Source: P.A. 101-81, eff. 7-12-19; 101-218, eff. 1-1-20; |
| 7 | | 101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-574, eff. |
| 8 | | 1-1-20; 101-649, eff. 7-7-20; 102-30, eff. 1-1-22; 102-144, |
| 9 | | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; |
| 10 | | 102-530, eff. 1-1-22; 102-642, eff. 1-1-22; revised 10-27-21.)
|
| 11 | | (305 ILCS 5/5-30.1) |
| 12 | | Sec. 5-30.1. Managed care protections. |
| 13 | | (a) As used in this Section: |
| 14 | | "Managed care organization" or "MCO" means any entity |
| 15 | | which contracts with the Department to provide services where |
| 16 | | payment for medical services is made on a capitated basis. |
| 17 | | "Emergency services" include: |
| 18 | | (1) emergency services, as defined by Section 10 of |
| 19 | | the Managed Care Reform and Patient Rights Act; |
| 20 | | (2) emergency medical screening examinations, as |
| 21 | | defined by Section 10 of the Managed Care Reform and |
| 22 | | Patient Rights Act; |
| 23 | | (3) post-stabilization medical services, as defined by |
| 24 | | Section 10 of the Managed Care Reform and Patient Rights |
| 25 | | Act; and |
|
| | HB5501 | - 1645 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (4) emergency medical conditions, as defined by
|
| 2 | | Section 10 of the Managed Care Reform and Patient Rights
|
| 3 | | Act. |
| 4 | | (b) As provided by Section 5-16.12, managed care |
| 5 | | organizations are subject to the provisions of the Managed |
| 6 | | Care Reform and Patient Rights Act. |
| 7 | | (c) An MCO shall pay any provider of emergency services |
| 8 | | that does not have in effect a contract with the contracted |
| 9 | | Medicaid MCO. The default rate of reimbursement shall be the |
| 10 | | rate paid under Illinois Medicaid fee-for-service program |
| 11 | | methodology, including all policy adjusters, including but not |
| 12 | | limited to Medicaid High Volume Adjustments, Medicaid |
| 13 | | Percentage Adjustments, Outpatient High Volume Adjustments, |
| 14 | | and all outlier add-on adjustments to the extent such |
| 15 | | adjustments are incorporated in the development of the |
| 16 | | applicable MCO capitated rates. |
| 17 | | (d) An MCO shall pay for all post-stabilization services |
| 18 | | as a covered service in any of the following situations: |
| 19 | | (1) the MCO authorized such services; |
| 20 | | (2) such services were administered to maintain the |
| 21 | | enrollee's stabilized condition within one hour after a |
| 22 | | request to the MCO for authorization of further |
| 23 | | post-stabilization services; |
| 24 | | (3) the MCO did not respond to a request to authorize |
| 25 | | such services within one hour; |
| 26 | | (4) the MCO could not be contacted; or |
|
| | HB5501 | - 1646 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (5) the MCO and the treating provider, if the treating |
| 2 | | provider is a non-affiliated provider, could not reach an |
| 3 | | agreement concerning the enrollee's care and an affiliated |
| 4 | | provider was unavailable for a consultation, in which case |
| 5 | | the MCO
must pay for such services rendered by the |
| 6 | | treating non-affiliated provider until an affiliated |
| 7 | | provider was reached and either concurred with the |
| 8 | | treating non-affiliated provider's plan of care or assumed |
| 9 | | responsibility for the enrollee's care. Such payment shall |
| 10 | | be made at the default rate of reimbursement paid under |
| 11 | | Illinois Medicaid fee-for-service program methodology, |
| 12 | | including all policy adjusters, including but not limited |
| 13 | | to Medicaid High Volume Adjustments, Medicaid Percentage |
| 14 | | Adjustments, Outpatient High Volume Adjustments and all |
| 15 | | outlier add-on adjustments to the extent that such |
| 16 | | adjustments are incorporated in the development of the |
| 17 | | applicable MCO capitated rates. |
| 18 | | (e) The following requirements apply to MCOs in |
| 19 | | determining payment for all emergency services: |
| 20 | | (1) MCOs shall not impose any requirements for prior |
| 21 | | approval of emergency services. |
| 22 | | (2) The MCO shall cover emergency services provided to |
| 23 | | enrollees who are temporarily away from their residence |
| 24 | | and outside the contracting area to the extent that the |
| 25 | | enrollees would be entitled to the emergency services if |
| 26 | | they still were within the contracting area. |
|
| | HB5501 | - 1648 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (f) Network adequacy and transparency. |
| 2 | | (1) The Department shall: |
| 3 | | (A) ensure that an adequate provider network is in |
| 4 | | place, taking into consideration health professional |
| 5 | | shortage areas and medically underserved areas; |
| 6 | | (B) publicly release an explanation of its process |
| 7 | | for analyzing network adequacy; |
| 8 | | (C) periodically ensure that an MCO continues to |
| 9 | | have an adequate network in place; |
| 10 | | (D) require MCOs, including Medicaid Managed Care |
| 11 | | Entities as defined in Section 5-30.2, to meet |
| 12 | | provider directory requirements under Section 5-30.3; |
| 13 | | and |
| 14 | | (E) require MCOs to ensure that any |
| 15 | | Medicaid-certified provider
under contract with an MCO |
| 16 | | and previously submitted on a roster on the date of |
| 17 | | service is
paid for any medically necessary, |
| 18 | | Medicaid-covered, and authorized service rendered to
|
| 19 | | any of the MCO's enrollees, regardless of inclusion on
|
| 20 | | the MCO's published and publicly available directory |
| 21 | | of
available providers; and . |
| 22 | | (F) (E) require MCOs, including Medicaid Managed |
| 23 | | Care Entities as defined in Section 5-30.2, to meet |
| 24 | | each of the requirements under subsection (d-5) of |
| 25 | | Section 10 of the Network Adequacy and Transparency |
| 26 | | Act; with necessary exceptions to the MCO's network to |
|
| | HB5501 | - 1650 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (A) When an MCO is required to pay a timely payment |
| 2 | | interest penalty to a provider, the MCO must calculate |
| 3 | | and pay the timely payment interest penalty that is |
| 4 | | due to the provider within 30 days after the payment of |
| 5 | | the claim. In no event shall a provider be required to |
| 6 | | request or apply for payment of any owed timely |
| 7 | | payment interest penalties. |
| 8 | | (B) Such payments shall be reported separately |
| 9 | | from the claim payment for services rendered to the |
| 10 | | MCO's enrollee and clearly identified as interest |
| 11 | | payments. |
| 12 | | (4)(A) The Department shall require MCOs to expedite |
| 13 | | payments to providers identified on the Department's |
| 14 | | expedited provider list, determined in accordance with 89 |
| 15 | | Ill. Adm. Code 140.71(b), on a schedule at least as |
| 16 | | frequently as the providers are paid under the |
| 17 | | Department's fee-for-service expedited provider schedule. |
| 18 | | (B) Compliance with the expedited provider requirement |
| 19 | | may be satisfied by an MCO through the use of a Periodic |
| 20 | | Interim Payment (PIP) program that has been mutually |
| 21 | | agreed to and documented between the MCO and the provider, |
| 22 | | if the PIP program ensures that any expedited provider |
| 23 | | receives regular and periodic payments based on prior |
| 24 | | period payment experience from that MCO. Total payments |
| 25 | | under the PIP program may be reconciled against future PIP |
| 26 | | payments on a schedule mutually agreed to between the MCO |
|
| | HB5501 | - 1651 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and the provider. |
| 2 | | (C) The Department shall share at least monthly its |
| 3 | | expedited provider list and the frequency with which it |
| 4 | | pays providers on the expedited list. |
| 5 | | (g-5) Recognizing that the rapid transformation of the |
| 6 | | Illinois Medicaid program may have unintended operational |
| 7 | | challenges for both payers and providers: |
| 8 | | (1) in no instance shall a medically necessary covered |
| 9 | | service rendered in good faith, based upon eligibility |
| 10 | | information documented by the provider, be denied coverage |
| 11 | | or diminished in payment amount if the eligibility or |
| 12 | | coverage information available at the time the service was |
| 13 | | rendered is later found to be inaccurate in the assignment |
| 14 | | of coverage responsibility between MCOs or the |
| 15 | | fee-for-service system, except for instances when an |
| 16 | | individual is deemed to have not been eligible for |
| 17 | | coverage under the Illinois Medicaid program; and |
| 18 | | (2) the Department shall, by December 31, 2016, adopt |
| 19 | | rules establishing policies that shall be included in the |
| 20 | | Medicaid managed care policy and procedures manual |
| 21 | | addressing payment resolutions in situations in which a |
| 22 | | provider renders services based upon information obtained |
| 23 | | after verifying a patient's eligibility and coverage plan |
| 24 | | through either the Department's current enrollment system |
| 25 | | or a system operated by the coverage plan identified by |
| 26 | | the patient presenting for services: |
|
| | HB5501 | - 1652 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (A) such medically necessary covered services |
| 2 | | shall be considered rendered in good faith; |
| 3 | | (B) such policies and procedures shall be |
| 4 | | developed in consultation with industry |
| 5 | | representatives of the Medicaid managed care health |
| 6 | | plans and representatives of provider associations |
| 7 | | representing the majority of providers within the |
| 8 | | identified provider industry; and |
| 9 | | (C) such rules shall be published for a review and |
| 10 | | comment period of no less than 30 days on the |
| 11 | | Department's website with final rules remaining |
| 12 | | available on the Department's website. |
| 13 | | The rules on payment resolutions shall include, but |
| 14 | | not be limited to: |
| 15 | | (A) the extension of the timely filing period; |
| 16 | | (B) retroactive prior authorizations; and |
| 17 | | (C) guaranteed minimum payment rate of no less |
| 18 | | than the current, as of the date of service, |
| 19 | | fee-for-service rate, plus all applicable add-ons, |
| 20 | | when the resulting service relationship is out of |
| 21 | | network. |
| 22 | | The rules shall be applicable for both MCO coverage |
| 23 | | and fee-for-service coverage. |
| 24 | | If the fee-for-service system is ultimately determined to |
| 25 | | have been responsible for coverage on the date of service, the |
| 26 | | Department shall provide for an extended period for claims |
|
| | HB5501 | - 1654 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | order to monitor MCO payments to hospital providers, pursuant |
| 2 | | to Public Act 100-580 this amendatory Act of the 100th General |
| 3 | | Assembly, the Department shall post an analysis of MCO claims |
| 4 | | processing and payment performance on its website every 6 |
| 5 | | months. Such analysis shall include a review and evaluation of |
| 6 | | a representative sample of hospital claims that are rejected |
| 7 | | and denied for clean and unclean claims and the top 5 reasons |
| 8 | | for such actions and timeliness of claims adjudication, which |
| 9 | | identifies the percentage of claims adjudicated within 30, 60, |
| 10 | | 90, and over 90 days, and the dollar amounts associated with |
| 11 | | those claims. |
| 12 | | (g-8) Dispute resolution process. The Department shall |
| 13 | | maintain a provider complaint portal through which a provider |
| 14 | | can submit to the Department unresolved disputes with an MCO. |
| 15 | | An unresolved dispute means an MCO's decision that denies in |
| 16 | | whole or in part a claim for reimbursement to a provider for |
| 17 | | health care services rendered by the provider to an enrollee |
| 18 | | of the MCO with which the provider disagrees. Disputes shall |
| 19 | | not be submitted to the portal until the provider has availed |
| 20 | | itself of the MCO's internal dispute resolution process. |
| 21 | | Disputes that are submitted to the MCO internal dispute |
| 22 | | resolution process may be submitted to the Department of |
| 23 | | Healthcare and Family Services' complaint portal no sooner |
| 24 | | than 30 days after submitting to the MCO's internal process |
| 25 | | and not later than 30 days after the unsatisfactory resolution |
| 26 | | of the internal MCO process or 60 days after submitting the |
|
| | HB5501 | - 1655 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | dispute to the MCO internal process. Multiple claim disputes |
| 2 | | involving the same MCO may be submitted in one complaint, |
| 3 | | regardless of whether the claims are for different enrollees, |
| 4 | | when the specific reason for non-payment of the claims |
| 5 | | involves a common question of fact or policy. Within 10 |
| 6 | | business days of receipt of a complaint, the Department shall |
| 7 | | present such disputes to the appropriate MCO, which shall then |
| 8 | | have 30 days to issue its written proposal to resolve the |
| 9 | | dispute. The Department may grant one 30-day extension of this |
| 10 | | time frame to one of the parties to resolve the dispute. If the |
| 11 | | dispute remains unresolved at the end of this time frame or the |
| 12 | | provider is not satisfied with the MCO's written proposal to |
| 13 | | resolve the dispute, the provider may, within 30 days, request |
| 14 | | the Department to review the dispute and make a final |
| 15 | | determination. Within 30 days of the request for Department |
| 16 | | review of the dispute, both the provider and the MCO shall |
| 17 | | present all relevant information to the Department for |
| 18 | | resolution and make individuals with knowledge of the issues |
| 19 | | available to the Department for further inquiry if needed. |
| 20 | | Within 30 days of receiving the relevant information on the |
| 21 | | dispute, or the lapse of the period for submitting such |
| 22 | | information, the Department shall issue a written decision on |
| 23 | | the dispute based on contractual terms between the provider |
| 24 | | and the MCO, contractual terms between the MCO and the |
| 25 | | Department of Healthcare and Family Services and applicable |
| 26 | | Medicaid policy. The decision of the Department shall be |
|
| | HB5501 | - 1656 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | final. By January 1, 2020, the Department shall establish by |
| 2 | | rule further details of this dispute resolution process. |
| 3 | | Disputes between MCOs and providers presented to the |
| 4 | | Department for resolution are not contested cases, as defined |
| 5 | | in Section 1-30 of the Illinois Administrative Procedure Act, |
| 6 | | conferring any right to an administrative hearing. |
| 7 | | (g-9)(1) The Department shall publish annually on its |
| 8 | | website a report on the calculation of each managed care |
| 9 | | organization's medical loss ratio showing the following: |
| 10 | | (A) Premium revenue, with appropriate adjustments. |
| 11 | | (B) Benefit expense, setting forth the aggregate |
| 12 | | amount spent for the following: |
| 13 | | (i) Direct paid claims. |
| 14 | | (ii) Subcapitation payments. |
| 15 | | (iii)
Other claim payments. |
| 16 | | (iv)
Direct reserves. |
| 17 | | (v)
Gross recoveries. |
| 18 | | (vi)
Expenses for activities that improve health |
| 19 | | care quality as allowed by the Department. |
| 20 | | (2) The medical loss ratio shall be calculated consistent |
| 21 | | with federal law and regulation following a claims runout |
| 22 | | period determined by the Department. |
| 23 | | (g-10)(1) "Liability effective date" means the date on |
| 24 | | which an MCO becomes responsible for payment for medically |
| 25 | | necessary and covered services rendered by a provider to one |
| 26 | | of its enrollees in accordance with the contract terms between |
|
| | HB5501 | - 1658 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | stakeholders on the development of operational guidelines to |
| 2 | | enhance and improve operational performance of Illinois' |
| 3 | | Medicaid managed care program, including, but not limited to, |
| 4 | | improving provider billing practices, reducing claim |
| 5 | | rejections and inappropriate payment denials, and |
| 6 | | standardizing processes, procedures, definitions, and response |
| 7 | | timelines, with the goal of reducing provider and MCO |
| 8 | | administrative burdens and conflict. The Department shall |
| 9 | | include a report on the progress of these program improvements |
| 10 | | and other topics in its Fiscal Year 2020 annual report to the |
| 11 | | General Assembly. |
| 12 | | (g-12) Notwithstanding any other provision of law, if the
|
| 13 | | Department or an MCO requires submission of a claim for |
| 14 | | payment
in a non-electronic format, a provider shall always be |
| 15 | | afforded
a period of no less than 90 business days, as a |
| 16 | | correction
period, following any notification of rejection by |
| 17 | | either the
Department or the MCO to correct errors or |
| 18 | | omissions in the
original submission. |
| 19 | | Under no circumstances, either by an MCO or under the
|
| 20 | | State's fee-for-service system, shall a provider be denied
|
| 21 | | payment for failure to comply with any timely submission
|
| 22 | | requirements under this Code or under any existing contract,
|
| 23 | | unless the non-electronic format claim submission occurs after
|
| 24 | | the initial 180 days following the latest date of service on
|
| 25 | | the claim, or after the 90 business days correction period
|
| 26 | | following notification to the provider of rejection or denial
|
|
| | HB5501 | - 1659 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of payment. |
| 2 | | (h) The Department shall not expand mandatory MCO |
| 3 | | enrollment into new counties beyond those counties already |
| 4 | | designated by the Department as of June 1, 2014 for the |
| 5 | | individuals whose eligibility for medical assistance is not |
| 6 | | the seniors or people with disabilities population until the |
| 7 | | Department provides an opportunity for accountable care |
| 8 | | entities and MCOs to participate in such newly designated |
| 9 | | counties. |
| 10 | | (i) The requirements of this Section apply to contracts |
| 11 | | with accountable care entities and MCOs entered into, amended, |
| 12 | | or renewed after June 16, 2014 (the effective date of Public |
| 13 | | Act 98-651).
|
| 14 | | (j) Health care information released to managed care |
| 15 | | organizations. A health care provider shall release to a |
| 16 | | Medicaid managed care organization, upon request, and subject |
| 17 | | to the Health Insurance Portability and Accountability Act of |
| 18 | | 1996 and any other law applicable to the release of health |
| 19 | | information, the health care information of the MCO's |
| 20 | | enrollee, if the enrollee has completed and signed a general |
| 21 | | release form that grants to the health care provider |
| 22 | | permission to release the recipient's health care information |
| 23 | | to the recipient's insurance carrier. |
| 24 | | (k) The Department of Healthcare and Family Services, |
| 25 | | managed care organizations, a statewide organization |
| 26 | | representing hospitals, and a statewide organization |
|
| | HB5501 | - 1660 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | representing safety-net hospitals shall explore ways to |
| 2 | | support billing departments in safety-net hospitals. |
| 3 | | (l) The requirements of this Section added by Public Act |
| 4 | | 102-4 this
amendatory Act of the 102nd General Assembly shall |
| 5 | | apply to
services provided on or after the first day of the |
| 6 | | month that
begins 60 days after April 27, 2021 (the effective |
| 7 | | date of Public Act 102-4) this amendatory Act
of the 102nd |
| 8 | | General Assembly. |
| 9 | | (Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21; |
| 10 | | 102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff. |
| 11 | | 8-20-21; revised 10-5-21.)
|
| 12 | | (305 ILCS 5/5-41) |
| 13 | | Sec. 5-41. Inpatient hospitalization for opioid-related |
| 14 | | overdose or withdrawal patients. Due to the disproportionately |
| 15 | | high opioid-related fatality rates among African Americans in |
| 16 | | under-resourced communities in Illinois, the lack of community |
| 17 | | resources, the comorbidities experienced by these patients, |
| 18 | | and the high rate of hospital inpatient recidivism associated |
| 19 | | with this population when improperly treated, the Department |
| 20 | | shall ensure that patients, whether enrolled under the Medical |
| 21 | | Assistance Fee For Service program or enrolled with a Medicaid |
| 22 | | Managed Care Organization, experiencing opioid-related |
| 23 | | overdose or withdrawal are admitted on an inpatient status and |
| 24 | | the provider shall be reimbursed accordingly, when deemed |
| 25 | | medically necessary, as determined by either the patient's |
|
| | HB5501 | - 1661 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | primary care physician, or the physician or other practitioner |
| 2 | | responsible for the patient's care at the hospital to which |
| 3 | | the patient presents, using criteria established by the |
| 4 | | American Society of Addiction Medicine. If it is determined by |
| 5 | | the physician or other practitioner responsible for the |
| 6 | | patient's care at the hospital to which the patient presents, |
| 7 | | that a patient does not meet medical necessity criteria for |
| 8 | | the admission, then the patient may be treated via observation |
| 9 | | and the provider shall seek reimbursement accordingly. Nothing |
| 10 | | in this Section shall diminish the requirements of a provider |
| 11 | | to document medical necessity in the patient's record.
|
| 12 | | (Source: P.A. 102-43, eff. 7-6-21.)
|
| 13 | | (305 ILCS 5/5-44)
|
| 14 | | Sec. 5-44 5-41. Screening, Brief Intervention, and |
| 15 | | Referral to Treatment. As used in this Section, "SBIRT" means |
| 16 | | a comprehensive, integrated, public health approach to the |
| 17 | | delivery of early intervention and treatment
services for |
| 18 | | persons who are at risk of developing substance use disorders |
| 19 | | or have substance use disorders including, but not limited to, |
| 20 | | an addiction to alcohol, opioids,
tobacco, or cannabis.
SBIRT |
| 21 | | services include all of the following: |
| 22 | | (1) Screening to quickly assess the severity of |
| 23 | | substance use and to identify the appropriate level of |
| 24 | | treatment. |
| 25 | | (2) Brief intervention focused on increasing insight |
|
| | HB5501 | - 1662 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and awareness regarding substance use and motivation |
| 2 | | toward behavioral change. |
| 3 | | (3) Referral to treatment provided to those identified |
| 4 | | as needing more extensive treatment with access to |
| 5 | | specialty care. |
| 6 | | SBIRT services may include, but are not limited to, the |
| 7 | | following settings and programs: primary care centers, |
| 8 | | hospital emergency rooms, hospital in-patient units,
trauma |
| 9 | | centers, community behavioral health programs, and other |
| 10 | | community settings that provide opportunities for early |
| 11 | | intervention with at-risk substance users before more severe
|
| 12 | | consequences occur. |
| 13 | | The Department of Healthcare and Family Services shall |
| 14 | | develop and seek federal approval of a SBIRT benefit for which
|
| 15 | | qualified providers shall be reimbursed under the medical |
| 16 | | assistance program. |
| 17 | | In conjunction with the Department of Human Services' |
| 18 | | Division of Substance Use Prevention and Recovery, the |
| 19 | | Department of Healthcare and
Family Services may develop a |
| 20 | | methodology and reimbursement rate for SBIRT services provided |
| 21 | | by qualified providers in approved
settings. |
| 22 | | For opioid specific SBIRT services provided in a hospital |
| 23 | | emergency department, the Department of Healthcare and
Family |
| 24 | | Services shall develop a bundled reimbursement
methodology and |
| 25 | | rate for a package of opioid treatment services, which include |
| 26 | | initiation of medication for the treatment of opioid use |
|
| | HB5501 | - 1663 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | disorder in
the emergency department setting, including |
| 2 | | assessment, referral to ongoing care, and arranging access to |
| 3 | | supportive services when necessary. This
package of opioid |
| 4 | | related services shall be billed on a separate claim and shall |
| 5 | | be reimbursed outside of the Enhanced Ambulatory Patient
|
| 6 | | Grouping system.
|
| 7 | | (Source: P.A. 102-598, eff. 1-1-22; revised 11-18-21.)
|
| 8 | | (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
|
| 9 | | Sec. 9A-11. Child care.
|
| 10 | | (a) The General Assembly recognizes that families with |
| 11 | | children need child
care in order to work. Child care is |
| 12 | | expensive and families with low incomes,
including those who |
| 13 | | are transitioning from welfare to work, often struggle to
pay |
| 14 | | the costs of day care. The
General Assembly understands the |
| 15 | | importance of helping low-income working
families become and |
| 16 | | remain self-sufficient. The General Assembly also believes
|
| 17 | | that it is the responsibility of families to share in the costs |
| 18 | | of child care.
It is also the preference of the General |
| 19 | | Assembly that all working poor
families should be treated |
| 20 | | equally, regardless of their welfare status.
|
| 21 | | (b) To the extent resources permit, the Illinois |
| 22 | | Department shall provide
child care services to parents or |
| 23 | | other relatives as defined by rule who are
working or |
| 24 | | participating in employment or Department approved
education |
| 25 | | or training programs. At a minimum, the Illinois Department |
|
| | HB5501 | - 1664 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall
cover the following categories of families:
|
| 2 | | (1) recipients of TANF under Article IV participating |
| 3 | | in work and training
activities as specified in the |
| 4 | | personal plan for employment and
self-sufficiency;
|
| 5 | | (2) families transitioning from TANF to work;
|
| 6 | | (3) families at risk of becoming recipients of TANF;
|
| 7 | | (4) families with special needs as defined by rule;
|
| 8 | | (5) working families with very low incomes as defined |
| 9 | | by rule;
|
| 10 | | (6) families that are not recipients of TANF and that |
| 11 | | need child care assistance to participate in education and |
| 12 | | training activities; and |
| 13 | | (7) families with children under the age of 5 who have |
| 14 | | an open intact family services case with the Department of |
| 15 | | Children and Family Services. Any family that receives |
| 16 | | child care assistance in accordance with this paragraph |
| 17 | | shall remain eligible for child care assistance 6 months |
| 18 | | after the child's intact family services case is closed, |
| 19 | | regardless of whether the child's parents or other |
| 20 | | relatives as defined by rule are working or participating |
| 21 | | in Department approved employment or education or training |
| 22 | | programs. The Department of Human Services, in |
| 23 | | consultation with the Department of Children and Family |
| 24 | | Services, shall adopt rules to protect the privacy of |
| 25 | | families who are the subject of an open intact family |
| 26 | | services case when such families enroll in child care |
|
| | HB5501 | - 1665 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | services. Additional rules shall be adopted to offer |
| 2 | | children who have an open intact family services case the |
| 3 | | opportunity to receive an Early Intervention screening and |
| 4 | | other services that their families may be eligible for as |
| 5 | | provided by the Department of Human Services. |
| 6 | | The Department shall specify by rule the conditions of |
| 7 | | eligibility, the
application process, and the types, amounts, |
| 8 | | and duration of services.
Eligibility for
child care benefits |
| 9 | | and the amount of child care provided may vary based on
family |
| 10 | | size, income,
and other factors as specified by rule.
|
| 11 | | The Department shall update the Child Care Assistance |
| 12 | | Program Eligibility Calculator posted on its website to |
| 13 | | include a question on whether a family is applying for child |
| 14 | | care assistance for the first time or is applying for a |
| 15 | | redetermination of eligibility. |
| 16 | | A family's eligibility for child care services shall be |
| 17 | | redetermined no sooner than 12 months following the initial |
| 18 | | determination or most recent redetermination. During the |
| 19 | | 12-month periods, the family shall remain eligible for child |
| 20 | | care services regardless of (i) a change in family income, |
| 21 | | unless family income exceeds 85% of State median income, or |
| 22 | | (ii) a temporary change in the ongoing status of the parents or |
| 23 | | other relatives, as defined by rule, as working or attending a |
| 24 | | job training or educational program. |
| 25 | | In determining income eligibility for child care benefits, |
| 26 | | the Department
annually, at the beginning of each fiscal year, |
|
| | HB5501 | - 1666 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall
establish, by rule, one income threshold for each family |
| 2 | | size, in relation to
percentage of State median income for a |
| 3 | | family of that size, that makes
families with incomes below |
| 4 | | the specified threshold eligible for assistance
and families |
| 5 | | with incomes above the specified threshold ineligible for
|
| 6 | | assistance. Through and including fiscal year 2007, the |
| 7 | | specified threshold must be no less than 50% of the
|
| 8 | | then-current State median income for each family size. |
| 9 | | Beginning in fiscal year 2008, the specified threshold must be |
| 10 | | no less than 185% of the then-current federal poverty level |
| 11 | | for each family size. Notwithstanding any other provision of |
| 12 | | law or administrative rule to the contrary, beginning in |
| 13 | | fiscal year 2019, the specified threshold for working families |
| 14 | | with very low incomes as defined by rule must be no less than |
| 15 | | 185% of the then-current federal poverty level for each family |
| 16 | | size. Notwithstanding any other provision of law or |
| 17 | | administrative rule to the contrary, beginning in State fiscal |
| 18 | | year 2022, the specified
income threshold shall be no less |
| 19 | | than 200% of the
then-current federal poverty level for each |
| 20 | | family size.
|
| 21 | | In determining eligibility for
assistance, the Department |
| 22 | | shall not give preference to any category of
recipients
or |
| 23 | | give preference to individuals based on their receipt of |
| 24 | | benefits under this
Code.
|
| 25 | | Nothing in this Section shall be
construed as conferring |
| 26 | | entitlement status to eligible families.
|
|
| | HB5501 | - 1667 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The Illinois
Department is authorized to lower income |
| 2 | | eligibility ceilings, raise parent
co-payments, create waiting |
| 3 | | lists, or take such other actions during a fiscal
year as are |
| 4 | | necessary to ensure that child care benefits paid under this
|
| 5 | | Article do not exceed the amounts appropriated for those child |
| 6 | | care benefits.
These changes may be accomplished by emergency |
| 7 | | rule under Section 5-45 of the
Illinois Administrative |
| 8 | | Procedure Act, except that the limitation on the number
of |
| 9 | | emergency rules that may be adopted in a 24-month period shall |
| 10 | | not apply.
|
| 11 | | The Illinois Department may contract with other State |
| 12 | | agencies or child care
organizations for the administration of |
| 13 | | child care services.
|
| 14 | | (c) Payment shall be made for child care that otherwise |
| 15 | | meets the
requirements of this Section and applicable |
| 16 | | standards of State and local
law and regulation, including any |
| 17 | | requirements the Illinois Department
promulgates by rule in |
| 18 | | addition to the licensure
requirements
promulgated by the |
| 19 | | Department of Children and Family Services and Fire
Prevention |
| 20 | | and Safety requirements promulgated by the Office of the State
|
| 21 | | Fire Marshal, and is provided in any of the following:
|
| 22 | | (1) a child care center which is licensed or exempt |
| 23 | | from licensure
pursuant to Section 2.09 of the Child Care |
| 24 | | Act of 1969;
|
| 25 | | (2) a licensed child care home or home exempt from |
| 26 | | licensing;
|
|
| | HB5501 | - 1668 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) a licensed group child care home;
|
| 2 | | (4) other types of child care, including child care |
| 3 | | provided
by relatives or persons living in the same home |
| 4 | | as the child, as determined by
the Illinois Department by |
| 5 | | rule.
|
| 6 | | (c-5)
Solely for the purposes of coverage under the |
| 7 | | Illinois Public Labor Relations Act, child and day care home |
| 8 | | providers, including licensed and license exempt, |
| 9 | | participating in the Department's child care assistance |
| 10 | | program shall be considered to be public employees and the |
| 11 | | State of Illinois shall be considered to be their employer as |
| 12 | | of January 1, 2006 (the effective date of Public Act 94-320), |
| 13 | | but not before. The State shall engage in collective |
| 14 | | bargaining with an exclusive representative of child and day |
| 15 | | care home providers participating in the child care assistance |
| 16 | | program concerning their terms and conditions of employment |
| 17 | | that are within the State's control. Nothing in this |
| 18 | | subsection shall be understood to limit the right of families |
| 19 | | receiving services defined in this Section to select child and |
| 20 | | day care home providers or supervise them within the limits of |
| 21 | | this Section. The State shall not be considered to be the |
| 22 | | employer of child and day care home providers for any purposes |
| 23 | | not specifically provided in Public Act 94-320, including, but |
| 24 | | not limited to, purposes of vicarious liability in tort and |
| 25 | | purposes of statutory retirement or health insurance benefits. |
| 26 | | Child and day care home providers shall not be covered by the |
|
| | HB5501 | - 1669 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | State Employees Group Insurance Act of 1971. |
| 2 | | In according child and day care home providers and their |
| 3 | | selected representative rights under the Illinois Public Labor |
| 4 | | Relations Act, the State intends that the State action |
| 5 | | exemption to application of federal and State antitrust laws |
| 6 | | be fully available to the extent that their activities are |
| 7 | | authorized by Public Act 94-320.
|
| 8 | | (d) The Illinois Department shall establish, by rule, a |
| 9 | | co-payment scale that provides for cost sharing by families |
| 10 | | that receive
child care services, including parents whose only |
| 11 | | income is from
assistance under this Code. The co-payment |
| 12 | | shall be based on family income and family size and may be |
| 13 | | based on other factors as appropriate. Co-payments may be |
| 14 | | waived for families whose incomes are at or below the federal |
| 15 | | poverty level.
|
| 16 | | (d-5) The Illinois Department, in consultation with its |
| 17 | | Child Care and Development Advisory Council, shall develop a |
| 18 | | plan to revise the child care assistance program's co-payment |
| 19 | | scale. The plan shall be completed no later than February 1, |
| 20 | | 2008, and shall include: |
| 21 | | (1) findings as to the percentage of income that the |
| 22 | | average American family spends on child care and the |
| 23 | | relative amounts that low-income families and the average |
| 24 | | American family spend on other necessities of life;
|
| 25 | | (2) recommendations for revising the child care |
| 26 | | co-payment scale to assure that families receiving child |
|
| | HB5501 | - 1671 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall be given the
following options:
|
| 2 | | (1) receiving a child care certificate issued by the |
| 3 | | Department or a
subcontractor of the Department that may |
| 4 | | be used by the parents as payment for
child care and |
| 5 | | development services only; or
|
| 6 | | (2) if space is available, enrolling the child with a |
| 7 | | child care provider
that has a purchase of service |
| 8 | | contract with the Department or a subcontractor
of the |
| 9 | | Department for the provision of child care and development |
| 10 | | services.
The Department may identify particular priority |
| 11 | | populations for whom they may
request special |
| 12 | | consideration by a provider with purchase of service
|
| 13 | | contracts, provided that the providers shall be permitted |
| 14 | | to maintain a balance
of clients in terms of household |
| 15 | | incomes and families and children with special
needs, as |
| 16 | | defined by rule.
|
| 17 | | (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; |
| 18 | | 102-491, eff. 8-20-21; revised 11-8-21.)
|
| 19 | | (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
|
| 20 | | Sec. 10-1. Declaration of public policy; persons eligible |
| 21 | | for child support
enforcement services; fees for |
| 22 | | non-applicants and
non-recipients. Declaration of Public |
| 23 | | Policy - Persons Eligible for Child Support
Enforcement |
| 24 | | Services - Fees for Non-Applicants and
Non-Recipients.) It is |
| 25 | | the intent of this Code that the financial aid
and social |
|
| | HB5501 | - 1672 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | welfare services herein provided supplement rather than
|
| 2 | | supplant the primary and continuing obligation of the family |
| 3 | | unit for
self-support to the fullest extent permitted by the |
| 4 | | resources available
to it. This primary and continuing |
| 5 | | obligation applies whether the family
unit of parents and |
| 6 | | children or of husband and wife remains intact and
resides in a |
| 7 | | common household or whether the unit has been broken by
|
| 8 | | absence of one or more members of the unit. The obligation of |
| 9 | | the
family unit is particularly applicable when a member is in |
| 10 | | necessitous
circumstances and lacks the means of a livelihood |
| 11 | | compatible with health
and well-being.
|
| 12 | | It is the purpose of this Article to provide for locating |
| 13 | | an absent
parent or spouse, for determining his financial |
| 14 | | circumstances, and for
enforcing his legal obligation of |
| 15 | | support, if he is able to furnish
support, in whole or in part. |
| 16 | | The Department of Healthcare and Family Services shall give
|
| 17 | | priority to establishing, enforcing,
and collecting the |
| 18 | | current support obligation, and then to past due support
owed |
| 19 | | to the family unit, except with respect to collections |
| 20 | | effected
through the intercept programs provided for in this |
| 21 | | Article. The establishment or enforcement actions provided in |
| 22 | | this Article do not require a previous court order for |
| 23 | | custody/allocation of parental responsibilities.
|
| 24 | | The child support enforcement services provided hereunder
|
| 25 | | shall be
furnished dependents of an absent parent or spouse |
| 26 | | who are applicants
for or recipients of financial aid under |
|
| | HB5501 | - 1673 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this Code. It is not,
however, a condition of eligibility for |
| 2 | | financial aid that there be no
responsible relatives who are |
| 3 | | reasonably able to provide support. Nor,
except as provided in |
| 4 | | Sections 4-1.7 and 10-8, shall the existence of
such relatives |
| 5 | | or their payment of support contributions disqualify a
needy |
| 6 | | person for financial aid.
|
| 7 | | By accepting financial aid under this Code, a spouse or a |
| 8 | | parent or
other person having physical or legal custody of a |
| 9 | | child shall be deemed to have made
assignment to the Illinois |
| 10 | | Department for aid under Articles III, IV,
V, and VII or to a |
| 11 | | local governmental unit for aid under Article VI of
any and all |
| 12 | | rights, title, and interest in any support obligation, |
| 13 | | including statutory interest thereon, up to
the amount of |
| 14 | | financial aid provided. The rights to support assigned to
the |
| 15 | | Department of Healthcare and Family Services (formerly
|
| 16 | | Illinois Department of Public Aid) or local governmental unit |
| 17 | | shall
constitute an
obligation owed the State or local |
| 18 | | governmental unit by the person who
is responsible for |
| 19 | | providing the support, and shall be collectible under
all |
| 20 | | applicable processes.
|
| 21 | | The Department of Healthcare and Family Services shall |
| 22 | | also furnish the child support enforcement services |
| 23 | | established under this Article in
behalf of persons who
are |
| 24 | | not applicants for or recipients of financial aid
under this |
| 25 | | Code in accordance with the requirements of Title IV, Part D of |
| 26 | | the
Social Security Act. The Department may
establish a |
|
| | HB5501 | - 1674 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | schedule of reasonable fees, to be paid for the services
|
| 2 | | provided and may deduct a collection fee, not to exceed 10% of |
| 3 | | the amount
collected, from such collection.
The
Department of |
| 4 | | Healthcare and Family Services shall cause to be published and
|
| 5 | | distributed publications
reasonably calculated to inform the |
| 6 | | public that individuals who are not
recipients of or |
| 7 | | applicants for public aid under this Code are eligible
for the |
| 8 | | child support enforcement services under this
Article X. Such
|
| 9 | | publications
shall set forth an explanation, in plain |
| 10 | | language, that the child
support enforcement services program |
| 11 | | is independent of any public
aid program under the Code and |
| 12 | | that the receiving of child
support
enforcement services in no |
| 13 | | way implies that the person
receiving such services is |
| 14 | | receiving
public aid.
|
| 15 | | (Source: P.A. 102-541, eff. 8-20-21; revised 11-24-21.)
|
| 16 | | (305 ILCS 5/12-4.35)
|
| 17 | | Sec. 12-4.35. Medical services for certain noncitizens.
|
| 18 | | (a) Notwithstanding
Section 1-11 of this Code or Section |
| 19 | | 20(a) of the Children's Health Insurance
Program Act, the |
| 20 | | Department of Healthcare and Family Services may provide |
| 21 | | medical services to
noncitizens who have not yet attained 19 |
| 22 | | years of age and who are not eligible
for medical assistance |
| 23 | | under Article V of this Code or under the Children's
Health |
| 24 | | Insurance Program created by the Children's Health Insurance |
| 25 | | Program Act
due to their not meeting the otherwise applicable |
|
| | HB5501 | - 1675 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provisions of Section 1-11
of this Code or Section 20(a) of the |
| 2 | | Children's Health Insurance Program Act.
The medical services |
| 3 | | available, standards for eligibility, and other conditions
of |
| 4 | | participation under this Section shall be established by rule |
| 5 | | by the
Department; however, any such rule shall be at least as |
| 6 | | restrictive as the
rules for medical assistance under Article |
| 7 | | V of this Code or the Children's
Health Insurance Program |
| 8 | | created by the Children's Health Insurance Program
Act.
|
| 9 | | (a-5) Notwithstanding Section 1-11 of this Code, the |
| 10 | | Department of Healthcare and Family Services may provide |
| 11 | | medical assistance in accordance with Article V of this Code |
| 12 | | to noncitizens over the age of 65 years of age who are not |
| 13 | | eligible for medical assistance under Article V of this Code |
| 14 | | due to their not meeting the otherwise applicable provisions |
| 15 | | of Section 1-11 of this Code, whose income is at or below 100% |
| 16 | | of the federal poverty level after deducting the costs of |
| 17 | | medical or other remedial care, and who would otherwise meet |
| 18 | | the eligibility requirements in Section 5-2 of this Code. The |
| 19 | | medical services available, standards for eligibility, and |
| 20 | | other conditions of participation under this Section shall be |
| 21 | | established by rule by the Department; however, any such rule |
| 22 | | shall be at least as restrictive as the rules for medical |
| 23 | | assistance under Article V of this Code. |
| 24 | | (a-6) By May 30, 2022, notwithstanding Section 1-11 of |
| 25 | | this Code, the Department of Healthcare and Family Services |
| 26 | | may provide medical services to noncitizens 55 years of age |
|
| | HB5501 | - 1676 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | through 64 years of age who (i) are not eligible for medical |
| 2 | | assistance under Article V of this Code due to their not |
| 3 | | meeting the otherwise applicable provisions of Section 1-11 of |
| 4 | | this Code and (ii) have income at or below 133% of the federal |
| 5 | | poverty level plus 5% for the applicable family size as |
| 6 | | determined under applicable federal law and regulations. |
| 7 | | Persons eligible for medical services under Public Act 102-16 |
| 8 | | this amendatory Act of the 102nd General Assembly shall |
| 9 | | receive benefits identical to the benefits provided under the |
| 10 | | Health Benefits Service Package as that term is defined in |
| 11 | | subsection (m) of Section 5-1.1 of this Code. |
| 12 | | (a-10) Notwithstanding the provisions of Section 1-11, the |
| 13 | | Department shall cover immunosuppressive drugs and related |
| 14 | | services associated with post-kidney transplant management, |
| 15 | | excluding long-term care costs, for noncitizens who: (i) are |
| 16 | | not eligible for comprehensive medical benefits; (ii) meet the |
| 17 | | residency requirements of Section 5-3; and (iii) would meet |
| 18 | | the financial eligibility requirements of Section 5-2. |
| 19 | | (b) The Department is authorized to take any action that |
| 20 | | would not otherwise be prohibited by applicable law, |
| 21 | | including, without
limitation, cessation or limitation of |
| 22 | | enrollment, reduction of available medical services,
and |
| 23 | | changing standards for eligibility, that is deemed necessary |
| 24 | | by the
Department during a State fiscal year to assure that |
| 25 | | payments under this
Section do not exceed available funds.
|
| 26 | | (c) (Blank).
|
|
| | HB5501 | - 1677 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (d) (Blank).
|
| 2 | | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
| 3 | | 102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43, |
| 4 | | Article 45, Section 45-5, eff. 7-6-21; revised 7-15-21.)
|
| 5 | | (305 ILCS 5/12-4.54) |
| 6 | | Sec. 12-4.54. SNAP, WIC; diapers, menstrual hygiene |
| 7 | | products. If the United States Department of Agriculture's |
| 8 | | Food and Nutrition Service creates and makes available to the |
| 9 | | states a waiver permitting recipients of benefits provided |
| 10 | | under the Supplemental Nutrition Assistance Program or the |
| 11 | | Special Supplemental Nutrition Program for Women, Infants, and |
| 12 | | Children to use their benefits to purchase diapers or |
| 13 | | menstrual hygiene products such as tampons, sanitary napkins, |
| 14 | | and feminine wipes, then the Department of Human Services |
| 15 | | shall apply for the waiver. If the United States Department of |
| 16 | | Agriculture approves the Department of Human Services' waiver |
| 17 | | application, then the Department of Human Services shall adopt |
| 18 | | rules and make other changes as necessary to implement the |
| 19 | | approved waiver.
|
| 20 | | (Source: P.A. 102-248, eff. 1-1-22.)
|
| 21 | | (305 ILCS 5/12-4.55)
|
| 22 | | Sec. 12-4.55 12-4.54. Community-based long-term services; |
| 23 | | application for federal funding. The Department of Healthcare |
| 24 | | and Family Services shall apply for all available federal |
|
| | HB5501 | - 1678 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | funding to promote community inclusion and integration for |
| 2 | | persons with disabilities, regardless of age, and older adults |
| 3 | | so that those persons have the option to transition out of |
| 4 | | institutions and receive long-term care services and supports |
| 5 | | in the settings of their choice.
|
| 6 | | (Source: P.A. 102-536, eff. 8-20-21; revised 11-10-21.)
|
| 7 | | Section 510. The Housing Authorities Act is amended by |
| 8 | | changing Sections 17 and 25 as follows:
|
| 9 | | (310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
|
| 10 | | Sec. 17. Definitions. The following terms, wherever used |
| 11 | | or referred to in this
Act shall have the following respective |
| 12 | | meanings, unless in any case a
different meaning clearly |
| 13 | | appears from the context:
|
| 14 | | (a) "Authority" or "housing authority" shall mean a |
| 15 | | municipal
corporation organized in accordance with the |
| 16 | | provisions of this Act for
the purposes, with the powers and |
| 17 | | subject to the restrictions herein set
forth.
|
| 18 | | (b) "Area" or "area of operation" shall mean: (1) in the |
| 19 | | case of an
authority which is created hereunder for a city, |
| 20 | | village, or incorporated
town, the area within the territorial |
| 21 | | boundaries of said city, village, or
incorporated town, and so |
| 22 | | long as no county housing authority has
jurisdiction therein, |
| 23 | | the area within three miles from such territorial
boundaries, |
| 24 | | except any part of such area located within the territorial
|
|
| | HB5501 | - 1679 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | boundaries of any other city, village, or incorporated town; |
| 2 | | and (2) in the
case of a county shall include all of the county |
| 3 | | except the area of any
city, village or incorporated town |
| 4 | | located therein in which there is an
Authority. When an |
| 5 | | authority is created for a county subsequent to the
creation |
| 6 | | of an authority for a city, village or incorporated town |
| 7 | | within
the same county, the area of operation of the authority |
| 8 | | for such city,
village or incorporated town shall thereafter |
| 9 | | be limited to the territory
of such city, village or |
| 10 | | incorporated town, but the authority for such
city, village or |
| 11 | | incorporated town may continue to operate any project
|
| 12 | | developed in whole or in part in an area previously a part of |
| 13 | | its area of
operation, or may contract with the county housing |
| 14 | | authority with respect
to the sale, lease, development or |
| 15 | | administration of such project. When an
authority is created |
| 16 | | for a city, village or incorporated town subsequent to
the |
| 17 | | creation of a county housing authority which previously |
| 18 | | included such
city, village or incorporated town within its |
| 19 | | area of operation, such
county housing authority shall have no |
| 20 | | power to create any additional
project within the city, |
| 21 | | village or incorporated town, but any existing
project in the |
| 22 | | city, village or incorporated town currently owned and
|
| 23 | | operated by the county housing authority shall remain in the |
| 24 | | ownership,
operation, custody and control of the county |
| 25 | | housing authority.
|
| 26 | | (b-5) "Criminal history record" means a record of arrest, |
|
| | HB5501 | - 1680 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | complaint, indictment, or any disposition arising therefrom. |
| 2 | | (b-6) "Criminal history report" means any written, oral, |
| 3 | | or other communication of information that includes criminal |
| 4 | | history record information about a natural person that is |
| 5 | | produced by a law enforcement agency, a court, a consumer |
| 6 | | reporting agency, or a housing screening agency or business. |
| 7 | | (c) "Presiding officer" shall mean the presiding officer |
| 8 | | of the
board of a county, or the mayor or president of a city, |
| 9 | | village or
incorporated town, as the case may be, for which an |
| 10 | | Authority is created
hereunder.
|
| 11 | | (d) "Commissioner" shall mean one of the members of an |
| 12 | | Authority
appointed in accordance with the provisions of this |
| 13 | | Act.
|
| 14 | | (e) "Government" shall include the State and Federal |
| 15 | | governments and
the governments of any subdivisions, agency or |
| 16 | | instrumentality,
corporate or otherwise, of either of them.
|
| 17 | | (f) "Department" shall mean the Department of Commerce and
|
| 18 | | Economic Opportunity.
|
| 19 | | (g) "Project" shall include all lands, buildings, and |
| 20 | | improvements,
acquired, owned, leased, managed or operated by |
| 21 | | a housing authority, and
all buildings and improvements |
| 22 | | constructed, reconstructed or repaired by
a housing authority, |
| 23 | | designed to provide housing accommodations and
facilities |
| 24 | | appurtenant thereto (including community facilities and
|
| 25 | | stores) which are planned as a unit, whether or not acquired or
|
| 26 | | constructed at one time even though all or a portion of the |
|
| | HB5501 | - 1681 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | buildings
are not contiguous or adjacent to one another; and |
| 2 | | the planning of
buildings and improvements, the acquisition of |
| 3 | | property, the demolition
of existing structures, the clearing |
| 4 | | of land, the construction,
reconstruction, and repair of |
| 5 | | buildings or improvements and all other
work in connection |
| 6 | | therewith. As provided in Sections 8.14 to 8.18,
inclusive, |
| 7 | | "project" also means, for Housing Authorities for
|
| 8 | | municipalities of less than 500,000 population and for |
| 9 | | counties, the
conservation of urban areas in accordance with |
| 10 | | an approved conservation
plan. "Project" shall also include: |
| 11 | | (1) acquisition of: |
| 12 | | (i) a slum or
blighted area or a deteriorated or |
| 13 | | deteriorating area which is
predominantly residential |
| 14 | | in character, or |
| 15 | | (ii) any other deteriorated
or deteriorating area |
| 16 | | which is to be developed or redeveloped for
|
| 17 | | predominantly residential uses, or |
| 18 | | (iii) platted urban or suburban land
which is |
| 19 | | predominantly open and which because of obsolete |
| 20 | | platting,
diversity of ownership, deterioration of |
| 21 | | structures or of site
improvements, or otherwise |
| 22 | | substantially impairs or arrests the sound
growth of |
| 23 | | the community and which is to be developed for |
| 24 | | predominantly
residential uses, or |
| 25 | | (iv) open unplatted urban or suburban land
|
| 26 | | necessary for sound community growth which is to be |
|
| | HB5501 | - 1682 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | developed for
predominantly residential uses, or |
| 2 | | (v) any other area where parcels of
land remain |
| 3 | | undeveloped because of improper platting, delinquent |
| 4 | | taxes
or special assessments, scattered or uncertain |
| 5 | | ownerships, clouds on
title, artificial values due to |
| 6 | | excessive utility costs, or any other
impediments to |
| 7 | | the use of such area for predominantly residential |
| 8 | | uses;
|
| 9 | | (2) installation, construction, or reconstruction of |
| 10 | | streets, utilities,
and other site improvements essential |
| 11 | | to the preparation of sites for
uses in accordance with |
| 12 | | the development or redevelopment plan; and |
| 13 | | (3)
making the land available for development or |
| 14 | | redevelopment by private
enterprise or public agencies |
| 15 | | (including sale, initial leasing, or
retention by the |
| 16 | | local public agency itself). |
| 17 | | If, in any city, village,
or incorporated town, there |
| 18 | | exists a land clearance commission created
under the Blighted |
| 19 | | Areas Redevelopment Act of 1947 (repealed) prior to August 20, |
| 20 | | 2021 (the effective date of Public Act 102-510) this |
| 21 | | amendatory Act of the 102nd General Assembly having the same
|
| 22 | | area of operation as a housing authority created in and for any |
| 23 | | such
municipality, such housing authority shall have no power |
| 24 | | to acquire land
of the character described in subparagraph |
| 25 | | (iii), (iv), or (v) of
paragraph (1) 1 of the definition of |
| 26 | | "project" for the purpose of
development or redevelopment by |
|
| | HB5501 | - 1683 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | private enterprise.
|
| 2 | | (h) "Community facilities" shall include lands, buildings, |
| 3 | | and
equipment for recreation or social assembly, for |
| 4 | | education, health or
welfare activities and other necessary |
| 5 | | utilities primarily for use and
benefit of the occupants of |
| 6 | | housing accommodations to be constructed,
reconstructed, |
| 7 | | repaired or operated hereunder.
|
| 8 | | (i) "Real property" shall include lands, lands under |
| 9 | | water,
structures, and any and all easements, franchises and |
| 10 | | incorporeal
hereditaments and estates, and rights, legal and |
| 11 | | equitable, including
terms for years and liens by way of |
| 12 | | judgment, mortgage or otherwise.
|
| 13 | | (j) The term "governing body" shall include the city |
| 14 | | council of any
city, the president and board of trustees of any |
| 15 | | village or incorporated
town, the council of any city or |
| 16 | | village, and the county board of any
county.
|
| 17 | | (k) The phrase "individual, association, corporation or
|
| 18 | | organization" shall include any individual, private |
| 19 | | corporation, limited or general partnership, limited liability |
| 20 | | company,
insurance company, housing corporation, neighborhood |
| 21 | | redevelopment
corporation, non-profit corporation, |
| 22 | | incorporated or unincorporated
group or association, |
| 23 | | educational institution, hospital, or charitable
organization, |
| 24 | | and any mutual ownership or cooperative organization.
|
| 25 | | (l) "Conservation area", for the purpose of the exercise |
| 26 | | of the
powers granted in Sections 8.14 to 8.18, inclusive, for |
|
| | HB5501 | - 1684 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | housing
authorities for municipalities of less than 500,000 |
| 2 | | population and for
counties, means an area of not less than 2 |
| 3 | | acres in which the structures
in 50% or more of the area are |
| 4 | | residential having an average age of 35
years or more. Such an |
| 5 | | area by reason of dilapidation, obsolescence, deterioration or |
| 6 | | illegal
use of individual structures, overcrowding of |
| 7 | | structures and community
facilities, conversion of residential |
| 8 | | units into non-residential use,
deleterious land use or |
| 9 | | layout, decline of physical maintenance, lack of
community |
| 10 | | planning, or any combination of these factors may become a
|
| 11 | | slum and blighted area.
|
| 12 | | (m) "Conservation plan" means the comprehensive program |
| 13 | | for the
physical development and replanning of a "Conservation |
| 14 | | Area" as defined
in paragraph (l) embodying the steps required |
| 15 | | to prevent such
Conservation Area from becoming a slum and |
| 16 | | blighted area.
|
| 17 | | (n) "Fair use value" means the fair cash market value of |
| 18 | | real
property when employed for the use contemplated by a |
| 19 | | "Conservation Plan"
in municipalities of less than 500,000 |
| 20 | | population and in counties.
|
| 21 | | (o) "Community facilities" means, in relation to a |
| 22 | | "Conservation
Plan", those physical plants which implement, |
| 23 | | support and facilitate the
activities, services and interests |
| 24 | | of education, recreation, shopping,
health, welfare, religion |
| 25 | | and general culture.
|
| 26 | | (p) "Loan agreement" means any agreement pursuant to which |
|
| | HB5501 | - 1685 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | an Authority
agrees to loan the proceeds of its revenue bonds |
| 2 | | issued with respect to a
multifamily rental housing project or |
| 3 | | other funds of the Authority to any
person upon terms |
| 4 | | providing for
loan repayment installments at least sufficient |
| 5 | | to pay when due all principal
of, premium, if any, and interest |
| 6 | | on the revenue bonds of the Authority issued
with respect to |
| 7 | | the multifamily rental housing project, and providing for
|
| 8 | | maintenance, insurance, and
other matters as may be deemed |
| 9 | | desirable by the Authority.
|
| 10 | | (q) "Multifamily rental housing" means any rental project |
| 11 | | designed for
mixed-income or low-income occupancy.
|
| 12 | | (Source: P.A. 101-659, eff. 3-23-21; 102-510, eff. 8-20-21; |
| 13 | | revised 11-9-21.)
|
| 14 | | (310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
|
| 15 | | Sec. 25. Rentals and tenant selection. In the operation or |
| 16 | | management
of housing projects an Authority
shall at all times |
| 17 | | observe the following duties with respect to rentals and
|
| 18 | | tenant selection:
|
| 19 | | (a) It shall not accept any person as a tenant in any
|
| 20 | | dwelling in a housing project if the persons who would occupy |
| 21 | | the dwelling
have an aggregate annual income which equals or |
| 22 | | exceeds the amount which
the Authority determines (which |
| 23 | | determination shall be conclusive) to be
necessary in order to |
| 24 | | enable such persons to secure safe, sanitary and
uncongested |
| 25 | | dwelling accommodations within the area of operation of the
|
|
| | HB5501 | - 1686 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Authority and to provide an adequate standard of living for |
| 2 | | themselves.
|
| 3 | | (b) It may rent or lease the dwelling accommodations |
| 4 | | therein only at rentals
within the financial reach of persons |
| 5 | | who lack the amount of income which
it determines (pursuant to |
| 6 | | (a) of this Section) to be necessary in order to
obtain safe, |
| 7 | | sanitary and uncongested dwelling accommodations within the
|
| 8 | | area of operation of the Authority and to provide an adequate |
| 9 | | standard of
living.
|
| 10 | | (c) It may rent or lease to a tenant a dwelling consisting |
| 11 | | of the
number of rooms (but no greater number) which it deems |
| 12 | | necessary to provide
safe and sanitary accommodations to the |
| 13 | | proposed occupants thereof, without
overcrowding.
|
| 14 | | (d) It shall not change the residency preference of any |
| 15 | | prospective
tenant once the application has been accepted by |
| 16 | | the authority.
|
| 17 | | (e)
If an Authority desires a criminal history records |
| 18 | | check of all 50 states
or a 50-state confirmation of a |
| 19 | | conviction record, the Authority shall submit
the fingerprints |
| 20 | | of the relevant applicant, tenant, or other household member
|
| 21 | | to the Illinois State Police in a manner prescribed by the |
| 22 | | Illinois
State Police. These
fingerprints shall be checked |
| 23 | | against the fingerprint records now and hereafter
filed in the
|
| 24 | | Illinois State Police and
Federal Bureau of Investigation |
| 25 | | criminal history records databases.
The Illinois State Police |
| 26 | | shall charge a fee
for conducting the criminal history records |
|
| | HB5501 | - 1687 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | check, which shall be deposited in
the State Police Services |
| 2 | | Fund and shall not exceed the actual cost of the
records check. |
| 3 | | The Illinois State Police shall furnish pursuant to
positive |
| 4 | | identification, records of conviction to the Authority. An |
| 5 | | Authority that requests a criminal history report of an |
| 6 | | applicant or other household member shall inform the applicant |
| 7 | | at the time of the request that the applicant or other |
| 8 | | household member may provide additional mitigating information |
| 9 | | for consideration with the application for housing.
|
| 10 | | (e-5) Criminal history record assessment. The Authority |
| 11 | | shall use the following process when evaluating the criminal |
| 12 | | history report of an applicant or other household member to |
| 13 | | determine whether to rent or lease to the applicant: |
| 14 | | (1) Unless required by federal law, the Authority |
| 15 | | shall not consider the following information when |
| 16 | | determining whether to rent or lease to an applicant for |
| 17 | | housing: |
| 18 | | (A) an arrest or detention; |
| 19 | | (B) criminal charges or indictments, and the |
| 20 | | nature of any disposition arising therefrom, that do |
| 21 | | not result in a conviction; |
| 22 | | (C) a conviction that has been vacated, ordered, |
| 23 | | expunged, sealed, or impounded by a court; |
| 24 | | (D) matters under the jurisdiction of the Illinois |
| 25 | | Juvenile Court; |
| 26 | | (E) the amount of time since the applicant or |
|
| | HB5501 | - 1689 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | safety, and peaceful enjoyment of fellow tenants. The |
| 2 | | mere existence of a criminal history record does not |
| 3 | | demonstrate such a risk. |
| 4 | | (f) It may, if a tenant has created or maintained a threat
|
| 5 | | constituting a serious and clear danger to the health or |
| 6 | | safety of other
tenants or Authority employees, after 3 days' |
| 7 | | written notice
of termination and without a hearing, file suit |
| 8 | | against any such tenant for
recovery of possession of the |
| 9 | | premises. The tenant shall be given the
opportunity to contest |
| 10 | | the termination in the court proceedings. A serious
and clear |
| 11 | | danger to the health or safety of other tenants or Authority
|
| 12 | | employees shall include, but not be limited to, any of the |
| 13 | | following
activities of the tenant or of any other person on |
| 14 | | the premises with the
consent of the tenant:
|
| 15 | | (1) Physical assault or the threat of physical |
| 16 | | assault.
|
| 17 | | (2) Illegal use of a firearm or other weapon or the |
| 18 | | threat to use in
an illegal manner a firearm or other |
| 19 | | weapon.
|
| 20 | | (3) Possession of a controlled substance by the tenant |
| 21 | | or any other person
on the premises with the consent of the |
| 22 | | tenant if the tenant knew or should
have known of the |
| 23 | | possession by the other person of a controlled
substance, |
| 24 | | unless the controlled substance was obtained
directly from |
| 25 | | or pursuant to a valid prescription.
|
| 26 | | (4) Streetgang membership as defined in the Illinois
|
|
| | HB5501 | - 1690 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Streetgang Terrorism Omnibus Prevention Act.
|
| 2 | | The management of low-rent public housing projects |
| 3 | | financed and developed
under the U.S. Housing Act of 1937 |
| 4 | | shall
be in accordance with that Act.
|
| 5 | | Nothing contained in this Section or any other Section of |
| 6 | | this Act shall
be construed as limiting the power of an |
| 7 | | Authority to vest in a bondholder
or trustee the right, in the |
| 8 | | event of a default by the Authority, to take
possession and |
| 9 | | operate a housing project or cause the appointment of a
|
| 10 | | receiver thereof, free from all restrictions imposed by this |
| 11 | | Section or any
other Section of this Act.
|
| 12 | | (Source: P.A. 101-659, eff. 3-23-21; 102-538, eff. 8-20-21; |
| 13 | | revised 11-9-21.)
|
| 14 | | Section 515. The Adult Protective Services Act is amended |
| 15 | | by changing Section 3.5 as follows:
|
| 16 | | (320 ILCS 20/3.5) |
| 17 | | Sec. 3.5. Other responsibilities. The Department shall |
| 18 | | also be
responsible for the following activities, contingent |
| 19 | | upon adequate funding; implementation shall be expanded to |
| 20 | | adults with disabilities upon the effective date of this |
| 21 | | amendatory Act of the 98th General Assembly, except those |
| 22 | | responsibilities under subsection (a), which shall be |
| 23 | | undertaken as soon as practicable: |
| 24 | | (a) promotion of a wide range of endeavors for the |
|
| | HB5501 | - 1691 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | purpose of preventing
abuse, abandonment, neglect, |
| 2 | | financial exploitation, and self-neglect, including, but |
| 3 | | not limited to, promotion of public
and professional |
| 4 | | education to increase awareness of abuse, abandonment, |
| 5 | | neglect,
financial exploitation, and self-neglect; to |
| 6 | | increase reports; to establish access to and use of the |
| 7 | | Registry established under Section 7.5; and to improve |
| 8 | | response by
various legal, financial, social, and health |
| 9 | | systems; |
| 10 | | (b) coordination of efforts with other agencies, |
| 11 | | councils, and like
entities, to include but not be limited |
| 12 | | to, the Administrative Office of the Illinois Courts, the |
| 13 | | Office of the Attorney General,
the Illinois State Police, |
| 14 | | the Illinois Law Enforcement Training Standards
Board, the |
| 15 | | State Triad, the Illinois Criminal Justice Information
|
| 16 | | Authority, the
Departments of Public Health, Healthcare |
| 17 | | and Family Services, and Human Services, the Illinois |
| 18 | | Guardianship and Advocacy Commission, the Family
Violence |
| 19 | | Coordinating Council, the Illinois Violence Prevention |
| 20 | | Authority,
and other
entities which may impact awareness |
| 21 | | of, and response to, abuse, abandonment, neglect,
|
| 22 | | financial exploitation, and self-neglect; |
| 23 | | (c) collection and analysis of data; |
| 24 | | (d) monitoring of the performance of regional |
| 25 | | administrative agencies and adult protective services
|
| 26 | | agencies; |
|
| | HB5501 | - 1692 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (e) promotion of prevention activities; |
| 2 | | (f) establishing and coordinating an aggressive |
| 3 | | training program on the unique
nature of adult abuse cases |
| 4 | | with other agencies, councils, and like entities,
to |
| 5 | | include but not be limited to the Office of the Attorney |
| 6 | | General, the
Illinois State Police, the Illinois Law |
| 7 | | Enforcement Training Standards Board, the
State Triad, the |
| 8 | | Illinois Criminal Justice Information Authority, the State
|
| 9 | | Departments of Public Health, Healthcare and Family |
| 10 | | Services, and Human Services, the Family
Violence |
| 11 | | Coordinating Council, the Illinois Violence Prevention |
| 12 | | Authority,
the agency designated by the Governor under |
| 13 | | Section 1 of the Protection and Advocacy for Persons with |
| 14 | | Developmental Disabilities Act, and other entities that |
| 15 | | may impact awareness of and response to
abuse, |
| 16 | | abandonment, neglect, financial exploitation, and |
| 17 | | self-neglect; |
| 18 | | (g) solicitation of financial institutions for the |
| 19 | | purpose of making
information available to the general |
| 20 | | public warning of financial exploitation
of adults and |
| 21 | | related financial fraud or abuse, including such
|
| 22 | | information and warnings available through signage or |
| 23 | | other written
materials provided by the Department on the |
| 24 | | premises of such financial
institutions, provided that the |
| 25 | | manner of displaying or distributing such
information is |
| 26 | | subject to the sole discretion of each financial |
|
| | HB5501 | - 1694 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of age who resides in any facility licensed by the Department |
| 2 | | under the Child Care Act of 1969. For purposes of this Act, the |
| 3 | | criteria set forth in the definitions of "abused child" and |
| 4 | | "neglected child" shall be used in determining whether an |
| 5 | | adult resident is abused or neglected. |
| 6 | | "Agency" means a child care facility licensed under |
| 7 | | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and |
| 8 | | includes a transitional living program that accepts children |
| 9 | | and adult residents for placement who are in the guardianship |
| 10 | | of the Department. |
| 11 | | "Blatant disregard" means an incident where the real, |
| 12 | | significant, and imminent risk of harm would be so obvious to a |
| 13 | | reasonable parent or caretaker that it is unlikely that a |
| 14 | | reasonable parent or caretaker would have exposed the child to |
| 15 | | the danger without exercising precautionary measures to |
| 16 | | protect the child from harm. With respect to a person working |
| 17 | | at an agency in his or her professional capacity with a child |
| 18 | | or adult resident, "blatant disregard" includes a failure by |
| 19 | | the person to perform job responsibilities intended to protect |
| 20 | | the child's or adult resident's health, physical well-being, |
| 21 | | or welfare, and, when viewed in light of the surrounding |
| 22 | | circumstances, evidence exists that would cause a reasonable |
| 23 | | person to believe that the child was neglected. With respect |
| 24 | | to an agency, "blatant disregard" includes a failure to |
| 25 | | implement practices that ensure the health, physical |
| 26 | | well-being, or welfare of the children and adult residents |
|
| | HB5501 | - 1695 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | residing in the facility. |
| 2 | | "Child" means any person under the age of 18 years, unless |
| 3 | | legally
emancipated by reason of marriage or entry into a |
| 4 | | branch of the United
States armed services. |
| 5 | | "Department" means Department of Children and Family |
| 6 | | Services. |
| 7 | | "Local law enforcement agency" means the police of a city, |
| 8 | | town,
village or other incorporated area or the sheriff of an |
| 9 | | unincorporated
area or any sworn officer of the Illinois |
| 10 | | Department of State Police. |
| 11 | | "Abused child"
means a child whose parent or immediate |
| 12 | | family
member,
or any person responsible for the child's |
| 13 | | welfare, or any individual
residing in the same home as the |
| 14 | | child, or a paramour of the child's parent: |
| 15 | | (a) inflicts, causes to be inflicted, or allows to be
|
| 16 | | inflicted upon
such child physical injury, by other than |
| 17 | | accidental means, which causes
death, disfigurement, |
| 18 | | impairment of physical or
emotional health, or loss or |
| 19 | | impairment of any bodily function; |
| 20 | | (b) creates a substantial risk of physical injury to |
| 21 | | such
child by
other than accidental means which would be |
| 22 | | likely to cause death,
disfigurement, impairment of |
| 23 | | physical or emotional health, or loss or
impairment of any |
| 24 | | bodily function; |
| 25 | | (c) commits or allows to be committed any sex offense |
| 26 | | against
such child,
as such sex offenses are defined in |
|
| | HB5501 | - 1696 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Criminal Code of 2012 or in the Wrongs to Children Act,
|
| 2 | | and extending those definitions of sex offenses to include |
| 3 | | children under
18 years of age; |
| 4 | | (d) commits or allows to be committed an act or acts of
|
| 5 | | torture upon
such child; |
| 6 | | (e) inflicts excessive corporal punishment or, in the |
| 7 | | case of a person working for an agency who is prohibited |
| 8 | | from using corporal punishment, inflicts corporal |
| 9 | | punishment upon a child or adult resident with whom the |
| 10 | | person is working in his or her professional capacity; |
| 11 | | (f) commits or allows to be committed
the offense of
|
| 12 | | female
genital mutilation, as defined in Section 12-34 of |
| 13 | | the Criminal Code of
2012, against the child; |
| 14 | | (g) causes to be sold, transferred, distributed, or |
| 15 | | given to
such child
under 18 years of age, a controlled |
| 16 | | substance as defined in Section 102 of the
Illinois |
| 17 | | Controlled Substances Act in violation of Article IV of |
| 18 | | the Illinois
Controlled Substances Act or in violation of |
| 19 | | the Methamphetamine Control and Community Protection Act, |
| 20 | | except for controlled substances that are prescribed
in |
| 21 | | accordance with Article III of the Illinois Controlled |
| 22 | | Substances Act and
are dispensed to such child in a manner |
| 23 | | that substantially complies with the
prescription; |
| 24 | | (h) commits or allows to be committed the offense of |
| 25 | | involuntary servitude, involuntary sexual servitude of a |
| 26 | | minor, or trafficking in persons as defined in Section |
|
| | HB5501 | - 1697 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 10-9 of the Criminal Code of 2012 against the child; or |
| 2 | | (i) commits the offense of grooming, as defined in |
| 3 | | Section 11-25 of the Criminal Code of 2012, against the |
| 4 | | child. |
| 5 | | A child shall not be considered abused for the sole reason |
| 6 | | that the child
has been relinquished in accordance with the |
| 7 | | Abandoned Newborn Infant
Protection Act. |
| 8 | | "Neglected child" means any child who is not receiving the |
| 9 | | proper or
necessary nourishment or medically indicated |
| 10 | | treatment including food or care
not provided solely on the |
| 11 | | basis of the present or anticipated mental or
physical |
| 12 | | impairment as determined by a physician acting alone or in
|
| 13 | | consultation with other physicians or otherwise is not |
| 14 | | receiving the proper or
necessary support or medical or other |
| 15 | | remedial care recognized under State law
as necessary for a |
| 16 | | child's well-being, or other care necessary for his or her
|
| 17 | | well-being, including adequate food, clothing and shelter; or |
| 18 | | who is subjected to an environment which is injurious insofar |
| 19 | | as (i) the child's environment creates a likelihood of harm to |
| 20 | | the child's health, physical well-being, or welfare and (ii) |
| 21 | | the likely harm to the child is the result of a blatant |
| 22 | | disregard of parent, caretaker, person responsible for the |
| 23 | | child's welfare, or agency responsibilities; or who is |
| 24 | | abandoned
by his or her parents or other person responsible |
| 25 | | for the child's welfare
without a proper plan of care; or who |
| 26 | | has been provided with interim crisis intervention services |
|
| | HB5501 | - 1698 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | under
Section 3-5 of
the Juvenile Court Act of 1987 and whose |
| 2 | | parent, guardian, or custodian refuses to
permit
the child to |
| 3 | | return home and no other living arrangement agreeable
to the |
| 4 | | parent, guardian, or custodian can be made, and the parent, |
| 5 | | guardian, or custodian has not made any other appropriate |
| 6 | | living arrangement for the child; or who is a newborn infant |
| 7 | | whose blood, urine,
or meconium
contains any amount of a |
| 8 | | controlled substance as defined in subsection (f) of
Section |
| 9 | | 102 of the Illinois Controlled Substances Act or a metabolite |
| 10 | | thereof,
with the exception of a controlled substance or |
| 11 | | metabolite thereof whose
presence in the newborn infant is the |
| 12 | | result of medical treatment administered
to the mother or the |
| 13 | | newborn infant. A child shall not be considered neglected
for |
| 14 | | the sole reason that the child's parent or other person |
| 15 | | responsible for his
or her welfare has left the child in the |
| 16 | | care of an adult relative for any
period of time. A child shall |
| 17 | | not be considered neglected for the sole reason
that the child |
| 18 | | has been relinquished in accordance with the Abandoned Newborn
|
| 19 | | Infant Protection Act. A child shall not be considered |
| 20 | | neglected or abused
for the
sole reason that such child's |
| 21 | | parent or other person responsible for his or her
welfare |
| 22 | | depends upon spiritual means through prayer alone for the |
| 23 | | treatment or
cure of disease or remedial care as provided |
| 24 | | under Section 4 of this Act. A
child shall not be considered |
| 25 | | neglected or abused solely because the child is
not attending |
| 26 | | school in accordance with the requirements of Article 26 of |
|
| | HB5501 | - 1699 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The
School Code, as amended. |
| 2 | | "Child Protective Service Unit" means certain specialized |
| 3 | | State employees of
the Department assigned by the Director to |
| 4 | | perform the duties and
responsibilities as provided under |
| 5 | | Section 7.2 of this Act. |
| 6 | | "Near fatality" means an act that, as certified by a |
| 7 | | physician, places the child in serious or critical condition, |
| 8 | | including acts of great bodily harm inflicted upon children |
| 9 | | under 13 years of age, and as otherwise defined by Department |
| 10 | | rule. |
| 11 | | "Great bodily harm" includes bodily injury which creates a |
| 12 | | high probability of death, or which causes serious permanent |
| 13 | | disfigurement, or which causes a permanent or protracted loss |
| 14 | | or impairment of the function of any bodily member or organ, or |
| 15 | | other serious bodily harm. |
| 16 | | "Person responsible for the child's welfare" means the |
| 17 | | child's parent;
guardian; foster parent; relative caregiver; |
| 18 | | any person responsible for the
child's welfare in a public or |
| 19 | | private residential agency or institution; any
person |
| 20 | | responsible for the child's welfare within a public or private |
| 21 | | profit or
not for profit child care facility; or any other |
| 22 | | person responsible for the
child's welfare at the time of the |
| 23 | | alleged abuse or neglect, including any person who commits or |
| 24 | | allows to be committed, against the child, the offense of |
| 25 | | involuntary servitude, involuntary sexual servitude of a |
| 26 | | minor, or trafficking in persons for forced labor or services, |
|
| | HB5501 | - 1700 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | as provided in Section 10-9 of the Criminal Code of 2012, |
| 2 | | including, but not limited to, the custodian of the minor, or |
| 3 | | any person who
came to know the child through an official |
| 4 | | capacity or position of trust,
including, but not limited to, |
| 5 | | health care professionals, educational personnel,
recreational |
| 6 | | supervisors, members of the clergy, and volunteers or
support |
| 7 | | personnel in any setting
where children may be subject to |
| 8 | | abuse or neglect. |
| 9 | | "Temporary protective custody" means custody within a |
| 10 | | hospital or
other medical facility or a place previously |
| 11 | | designated for such custody
by the Department, subject to |
| 12 | | review by the Court, including a licensed
foster home, group |
| 13 | | home, or other institution; but such place shall not
be a jail |
| 14 | | or other place for the detention of criminal or juvenile |
| 15 | | offenders. |
| 16 | | "An unfounded report" means any report made under this Act |
| 17 | | for which
it is determined after an investigation that no |
| 18 | | credible evidence of
abuse or neglect exists. |
| 19 | | "An indicated report" means a report made under this Act |
| 20 | | if an
investigation determines that credible evidence of the |
| 21 | | alleged
abuse or neglect exists. |
| 22 | | "An undetermined report" means any report made under this |
| 23 | | Act in
which it was not possible to initiate or complete an |
| 24 | | investigation on
the basis of information provided to the |
| 25 | | Department. |
| 26 | | "Subject of report" means any child reported to the |
|
| | HB5501 | - 1701 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | central register
of child abuse and neglect established under |
| 2 | | Section 7.7 of this Act as an alleged victim of child abuse or |
| 3 | | neglect and
the parent or guardian of the alleged victim or |
| 4 | | other person responsible for the alleged victim's welfare who |
| 5 | | is named in the report or added to the report as an alleged |
| 6 | | perpetrator of child abuse or neglect. |
| 7 | | "Perpetrator" means a person who, as a result of |
| 8 | | investigation, has
been determined by the Department to have |
| 9 | | caused child abuse or neglect. |
| 10 | | "Member of the clergy" means a clergyman or practitioner |
| 11 | | of any religious
denomination accredited by the religious body |
| 12 | | to which he or she belongs. |
| 13 | | (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; |
| 14 | | revised 1-15-22.)
|
| 15 | | (325 ILCS 5/7.8)
|
| 16 | | Sec. 7.8.
Upon receiving an oral or written report of |
| 17 | | suspected
child abuse or neglect, the Department shall |
| 18 | | immediately notify, either
orally or electronically, the Child |
| 19 | | Protective Service Unit of a previous
report concerning a |
| 20 | | subject of the present report or other pertinent
information. |
| 21 | | In addition, upon satisfactory identification procedures, to
|
| 22 | | be established by Department regulation, any person authorized |
| 23 | | to have
access to records under Section 11.1 relating to child |
| 24 | | abuse and neglect
may request and shall be immediately |
| 25 | | provided the information requested in
accordance with this |
|
| | HB5501 | - 1702 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Act. However, no information shall be released unless
it |
| 2 | | prominently states the report is "indicated", and only |
| 3 | | information from
"indicated" reports shall be released, except |
| 4 | | that: |
| 5 | | (1) Information concerning
pending reports may be |
| 6 | | released pursuant to Sections 7.14 and 7.22 of this Act to |
| 7 | | the attorney or guardian ad litem appointed under Section |
| 8 | | 2-17 of the Juvenile Court Act of 1987 and to any person |
| 9 | | authorized under
paragraphs (1), (2), (3), and (11) of |
| 10 | | subsection (a) of Section 11.1. |
| 11 | | (2) State's
Attorneys are authorized to receive |
| 12 | | unfounded reports: |
| 13 | | (A) for prosecution
purposes related to the |
| 14 | | transmission of false reports of child abuse or
|
| 15 | | neglect in violation of subsection (a), paragraph (7) |
| 16 | | of Section 26-1
of the Criminal Code of 2012; or |
| 17 | | (B) for the purposes of screening and prosecuting |
| 18 | | a petition filed under Article II of the Juvenile |
| 19 | | Court Act of 1987 alleging abuse or neglect relating |
| 20 | | to the same child, a sibling of the child, the same |
| 21 | | perpetrator, or a child or perpetrator in the same |
| 22 | | household as the child for whom the petition is being |
| 23 | | filed. |
| 24 | | (3) The parties to the proceedings
filed under Article |
| 25 | | II of the Juvenile Court Act of 1987 are entitled to |
| 26 | | receive
copies of unfounded reports regarding the same |
|
| | HB5501 | - 1703 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | child, a sibling of the
child, the same perpetrator, or a |
| 2 | | child or perpetrator in the same household as the child |
| 3 | | for purposes of hearings under Sections 2-10 and 2-21 of |
| 4 | | the Juvenile Court Act of 1987. |
| 5 | | (4) Attorneys and guardians ad litem appointed under
|
| 6 | | Article II of the Juvenile Court Act of 1987 shall receive |
| 7 | | the
reports set forth in Section 7.14 of this Act in |
| 8 | | conformance with paragraph
(19) of subsection (a) of |
| 9 | | Section 11.1 and Section 7.14 of this Act. |
| 10 | | (5) The Department of Public Health shall receive |
| 11 | | information from unfounded reports involving children |
| 12 | | alleged to have been abused or neglected while |
| 13 | | hospitalized, including while hospitalized in freestanding |
| 14 | | psychiatric hospitals licensed by the Department of Public |
| 15 | | Health, as necessary for the Department of Public Health |
| 16 | | to conduct its licensing investigation. |
| 17 | | (6) The Department is authorized and required to |
| 18 | | release information from unfounded reports, upon request |
| 19 | | by a person who has access to the unfounded report as |
| 20 | | provided in this Act, as necessary in its determination to |
| 21 | | protect children and adult residents who are in child care |
| 22 | | facilities licensed by the Department under the Child Care |
| 23 | | Act of 1969. The names and other
identifying data and the |
| 24 | | dates and the circumstances of any persons
requesting or |
| 25 | | receiving information from the central register shall be
|
| 26 | | entered in the register record.
|
|
| | HB5501 | - 1704 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (Source: P.A. 101-43, eff. 1-1-20; 102-532, eff. 8-20-21; |
| 2 | | revised 11-24-21.)
|
| 3 | | Section 525. The Early Intervention Services System Act is |
| 4 | | amended by changing Section 11 as follows:
|
| 5 | | (325 ILCS 20/11) (from Ch. 23, par. 4161)
|
| 6 | | Sec. 11. Individualized Family Service Plans.
|
| 7 | | (a) Each eligible infant or toddler and that infant's or |
| 8 | | toddler's family
shall receive:
|
| 9 | | (1) timely, comprehensive, multidisciplinary |
| 10 | | assessment of the unique
strengths and needs of each |
| 11 | | eligible infant and toddler, and assessment of the |
| 12 | | concerns
and priorities of the families to appropriately |
| 13 | | assist them in meeting
their needs and identify supports |
| 14 | | and services to meet those needs; and
|
| 15 | | (2) a written Individualized Family Service Plan |
| 16 | | developed by a
multidisciplinary team which includes the |
| 17 | | parent or guardian. The
individualized family service plan |
| 18 | | shall be based on the
multidisciplinary team's assessment |
| 19 | | of the resources, priorities,
and concerns of the family |
| 20 | | and its identification of the supports
and services |
| 21 | | necessary to enhance the family's capacity to meet the
|
| 22 | | developmental needs of the infant or toddler, and shall |
| 23 | | include the
identification of services appropriate to meet |
| 24 | | those needs, including the
frequency, intensity, and |
|
| | HB5501 | - 1705 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | method of delivering services. During and as part of
the |
| 2 | | initial development of the individualized family services |
| 3 | | plan, and any
periodic reviews of the plan, the |
| 4 | | multidisciplinary team may seek consultation from the lead
|
| 5 | | agency's designated experts, if any, to help
determine |
| 6 | | appropriate services and the frequency and intensity of |
| 7 | | those
services. All services in the individualized family |
| 8 | | services plan must be
justified by the multidisciplinary |
| 9 | | assessment of the unique strengths and
needs of the infant |
| 10 | | or toddler and must be appropriate to meet those needs.
At |
| 11 | | the periodic reviews, the team shall determine whether |
| 12 | | modification or
revision of the outcomes or services is |
| 13 | | necessary.
|
| 14 | | (b) The Individualized Family Service Plan shall be |
| 15 | | evaluated once a year
and the family shall be provided a review |
| 16 | | of the Plan at 6-month 6 month intervals or
more often where |
| 17 | | appropriate based on infant or toddler and family needs.
The |
| 18 | | lead agency shall create a quality review process regarding |
| 19 | | Individualized
Family Service Plan development and changes |
| 20 | | thereto, to monitor
and help ensure assure that resources are |
| 21 | | being used to provide appropriate early
intervention services.
|
| 22 | | (c) The initial evaluation and initial assessment and |
| 23 | | initial
Plan meeting must be held within 45 days after the |
| 24 | | initial
contact with the early intervention services system. |
| 25 | | The 45-day timeline does not apply for any period when the |
| 26 | | child or parent is unavailable to complete the initial |
|
| | HB5501 | - 1706 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | evaluation, the initial assessments of the child and family, |
| 2 | | or the initial Plan meeting, due to exceptional family |
| 3 | | circumstances that are documented in the child's early |
| 4 | | intervention records, or when the parent has not provided |
| 5 | | consent for the initial evaluation or the initial assessment |
| 6 | | of the child despite documented, repeated attempts to obtain |
| 7 | | parental consent. As soon as exceptional family circumstances |
| 8 | | no longer exist or parental consent has been obtained, the |
| 9 | | initial evaluation, the initial assessment, and the initial |
| 10 | | Plan meeting must be completed as soon as possible. With |
| 11 | | parental consent,
early intervention services may commence |
| 12 | | before the completion of the
comprehensive assessment and |
| 13 | | development of the Plan.
|
| 14 | | (d) Parents must be informed that early
intervention
|
| 15 | | services shall be provided to each eligible infant and |
| 16 | | toddler, to the maximum extent appropriate, in the natural
|
| 17 | | environment, which may include the home or other community |
| 18 | | settings. Parents must also be informed of the availability of |
| 19 | | early intervention services provided through telehealth |
| 20 | | services. Parents
shall make
the final decision to accept or |
| 21 | | decline
early intervention services, including whether |
| 22 | | accepted services are delivered in person or via telehealth |
| 23 | | services. A decision to decline such services shall
not be a |
| 24 | | basis for administrative determination of parental fitness, or
|
| 25 | | other findings or sanctions against the parents. Parameters of |
| 26 | | the Plan
shall be set forth in rules.
|
|
| | HB5501 | - 1707 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (e) The regional intake offices shall explain to each |
| 2 | | family, orally and
in
writing, all of the following:
|
| 3 | | (1) That the early intervention program will pay for |
| 4 | | all early
intervention services set forth in the |
| 5 | | individualized family service plan that
are not
covered or |
| 6 | | paid under the family's public or private insurance plan |
| 7 | | or policy
and not
eligible for payment through any other |
| 8 | | third party payor.
|
| 9 | | (2) That services will not be delayed due to any rules |
| 10 | | or restrictions
under the family's insurance plan or |
| 11 | | policy.
|
| 12 | | (3) That the family may request, with appropriate |
| 13 | | documentation
supporting the request, a
determination of |
| 14 | | an exemption from private insurance use under
Section |
| 15 | | 13.25.
|
| 16 | | (4) That responsibility for co-payments or
|
| 17 | | co-insurance under a family's private insurance
plan or |
| 18 | | policy will be transferred to the lead
agency's central |
| 19 | | billing office.
|
| 20 | | (5) That families will be responsible
for payments of |
| 21 | | family fees,
which will be based on a sliding scale
|
| 22 | | according to the State's definition of ability to pay |
| 23 | | which is comparing household size and income to the |
| 24 | | sliding scale and considering out-of-pocket medical or |
| 25 | | disaster expenses, and that these fees
are payable to the |
| 26 | | central billing office. Families who fail to provide |
|
| | HB5501 | - 1708 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | income information shall be charged the maximum amount on |
| 2 | | the sliding scale.
|
| 3 | | (f) The individualized family service plan must state |
| 4 | | whether the family
has private insurance coverage and, if the |
| 5 | | family has such coverage, must
have attached to it a copy of |
| 6 | | the family's insurance identification card or
otherwise
|
| 7 | | include all of the following information:
|
| 8 | | (1) The name, address, and telephone number of the |
| 9 | | insurance
carrier.
|
| 10 | | (2) The contract number and policy number of the |
| 11 | | insurance plan.
|
| 12 | | (3) The name, address, and social security number of |
| 13 | | the primary
insured.
|
| 14 | | (4) The beginning date of the insurance benefit year.
|
| 15 | | (g) A copy of the individualized family service plan must |
| 16 | | be provided to
each enrolled provider who is providing early |
| 17 | | intervention services to the
child
who is the subject of that |
| 18 | | plan.
|
| 19 | | (h) Children receiving services under this Act shall |
| 20 | | receive a smooth and effective transition by their third |
| 21 | | birthday consistent with federal regulations adopted pursuant |
| 22 | | to Sections 1431 through 1444 of Title 20 of the United States |
| 23 | | Code. Beginning January 1, 2022, children who receive early |
| 24 | | intervention services prior to their third birthday and are |
| 25 | | found eligible for an individualized education program under |
| 26 | | the Individuals with Disabilities Education Act, 20 U.S.C. |
|
| | HB5501 | - 1710 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | care facility, other than a hospital, with a sexual assault |
| 2 | | treatment plan approved by the Department to provide medical |
| 3 | | forensic services to pediatric sexual assault survivors who |
| 4 | | present with a complaint of sexual assault within a minimum of |
| 5 | | the last 7 days or who have disclosed past sexual assault by a |
| 6 | | specific individual and were in the care of that individual |
| 7 | | within a minimum of the last 7 days. |
| 8 | | "Areawide sexual assault treatment plan" means a plan, |
| 9 | | developed by hospitals or by hospitals and approved pediatric |
| 10 | | health care facilities in a community or area to be served, |
| 11 | | which provides for medical forensic services to sexual assault |
| 12 | | survivors that shall be made available by each of the |
| 13 | | participating hospitals and approved pediatric health care |
| 14 | | facilities.
|
| 15 | | "Board-certified child abuse pediatrician" means a |
| 16 | | physician certified by the American Board of Pediatrics in |
| 17 | | child abuse pediatrics. |
| 18 | | "Board-eligible child abuse pediatrician" means a |
| 19 | | physician who has completed the requirements set forth by the |
| 20 | | American Board of Pediatrics to take the examination for |
| 21 | | certification in child abuse pediatrics. |
| 22 | | "Department" means the Department of Public Health.
|
| 23 | | "Emergency contraception" means medication as approved by |
| 24 | | the federal Food and Drug Administration (FDA) that can |
| 25 | | significantly reduce the risk of pregnancy if taken within 72 |
| 26 | | hours after sexual assault.
|
|
| | HB5501 | - 1711 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Follow-up healthcare" means healthcare services related |
| 2 | | to a sexual assault, including laboratory services and |
| 3 | | pharmacy services, rendered within 90 days of the initial |
| 4 | | visit for medical forensic services.
|
| 5 | | "Health care professional" means a physician, a physician |
| 6 | | assistant, a sexual assault forensic examiner, an advanced |
| 7 | | practice registered nurse, a registered professional nurse, a |
| 8 | | licensed practical nurse, or a sexual assault nurse examiner.
|
| 9 | | "Hospital" means a hospital licensed under the Hospital |
| 10 | | Licensing Act or operated under the University of Illinois |
| 11 | | Hospital Act, any outpatient center included in the hospital's |
| 12 | | sexual assault treatment plan where hospital employees provide |
| 13 | | medical forensic services, and an out-of-state hospital that |
| 14 | | has consented to the jurisdiction of the Department under |
| 15 | | Section 2.06.
|
| 16 | | "Illinois State Police Sexual Assault Evidence Collection |
| 17 | | Kit" means a prepackaged set of materials and forms to be used |
| 18 | | for the collection of evidence relating to sexual assault. The |
| 19 | | standardized evidence collection kit for the State of Illinois |
| 20 | | shall be the Illinois State Police Sexual Assault Evidence |
| 21 | | Collection Kit.
|
| 22 | | "Law enforcement agency having jurisdiction" means the law |
| 23 | | enforcement agency in the jurisdiction where an alleged sexual |
| 24 | | assault or sexual abuse occurred. |
| 25 | | "Licensed practical nurse" has the meaning provided in |
| 26 | | Section 50-10 of the Nurse Practice Act. |
|
| | HB5501 | - 1712 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Medical forensic services" means health care delivered to |
| 2 | | patients within or under the care and supervision of personnel |
| 3 | | working in a designated emergency department of a hospital or |
| 4 | | an approved pediatric health care facility. "Medical forensic |
| 5 | | services" includes, but is not limited to, taking a medical |
| 6 | | history, performing photo documentation, performing a physical |
| 7 | | and anogenital examination, assessing the patient for evidence |
| 8 | | collection, collecting evidence in accordance with a statewide |
| 9 | | sexual assault evidence collection program administered by the |
| 10 | | Illinois State Police using the Illinois State Police Sexual |
| 11 | | Assault Evidence Collection Kit, if appropriate, assessing the |
| 12 | | patient for drug-facilitated or alcohol-facilitated sexual |
| 13 | | assault, providing an evaluation of and care for sexually |
| 14 | | transmitted infection and human immunodeficiency virus (HIV), |
| 15 | | pregnancy risk evaluation and care, and discharge and |
| 16 | | follow-up healthcare planning. |
| 17 | | "Pediatric health care facility" means a clinic or |
| 18 | | physician's office that provides medical services to pediatric |
| 19 | | patients. |
| 20 | | "Pediatric sexual assault survivor" means a person under |
| 21 | | the age of 13 who presents for medical forensic services in |
| 22 | | relation to injuries or trauma resulting from a sexual |
| 23 | | assault. |
| 24 | | "Photo documentation" means digital photographs or |
| 25 | | colposcope videos stored and backed up securely in the |
| 26 | | original file format. |
|
| | HB5501 | - 1713 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Physician" means a person licensed to practice medicine |
| 2 | | in all its branches.
|
| 3 | | "Physician assistant" has the meaning provided in Section |
| 4 | | 4 of the Physician Assistant Practice Act of 1987. |
| 5 | | "Prepubescent sexual assault survivor" means a female who |
| 6 | | is under the age of 18 years and has not had a first menstrual |
| 7 | | cycle or a male who is under the age of 18 years and has not |
| 8 | | started to develop secondary sex characteristics who presents |
| 9 | | for medical forensic services in relation to injuries or |
| 10 | | trauma resulting from a sexual assault. |
| 11 | | "Qualified medical provider" means a board-certified child |
| 12 | | abuse pediatrician, board-eligible child abuse pediatrician, a |
| 13 | | sexual assault forensic examiner, or a sexual assault nurse |
| 14 | | examiner who has access to photo documentation tools, and who |
| 15 | | participates in peer review. |
| 16 | | "Registered Professional Nurse" has the meaning provided |
| 17 | | in Section 50-10 of the Nurse Practice Act. |
| 18 | | "Sexual assault" means: |
| 19 | | (1) an act of sexual conduct; as used in this |
| 20 | | paragraph, "sexual conduct" has the meaning provided under |
| 21 | | Section 11-0.1 of the Criminal Code of 2012; or |
| 22 | | (2) any act of sexual penetration; as used in this |
| 23 | | paragraph, "sexual penetration" has the meaning provided |
| 24 | | under Section 11-0.1 of the Criminal Code of 2012 and |
| 25 | | includes, without limitation, acts prohibited under |
| 26 | | Sections 11-1.20 through 11-1.60 of the Criminal Code of |
|
| | HB5501 | - 1714 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 2012.
|
| 2 | | "Sexual assault forensic examiner" means a physician or |
| 3 | | physician assistant who has completed training that meets or |
| 4 | | is substantially similar to the Sexual Assault Nurse Examiner |
| 5 | | Education Guidelines established by the International |
| 6 | | Association of Forensic Nurses. |
| 7 | | "Sexual assault nurse examiner" means an advanced practice |
| 8 | | registered nurse or registered professional nurse who has |
| 9 | | completed a sexual assault nurse examiner training program |
| 10 | | that meets the Sexual Assault Nurse Examiner Education |
| 11 | | Guidelines established by the International Association of |
| 12 | | Forensic Nurses. |
| 13 | | "Sexual assault services voucher" means a document |
| 14 | | generated by a hospital or approved pediatric health care |
| 15 | | facility at the time the sexual assault survivor receives |
| 16 | | outpatient medical forensic services that may be used to seek |
| 17 | | payment for any ambulance services, medical forensic services, |
| 18 | | laboratory services, pharmacy services, and follow-up |
| 19 | | healthcare provided as a result of the sexual assault. |
| 20 | | "Sexual assault survivor" means a person who presents for |
| 21 | | medical forensic services in relation to injuries or trauma |
| 22 | | resulting from a sexual assault.
|
| 23 | | "Sexual assault transfer plan" means a written plan |
| 24 | | developed by a hospital and approved by the Department, which |
| 25 | | describes the hospital's procedures for transferring sexual |
| 26 | | assault survivors to another hospital, and an approved |
|
| | HB5501 | - 1715 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pediatric health care facility, if applicable, in order to |
| 2 | | receive medical forensic services. |
| 3 | | "Sexual assault treatment plan" means a written plan that |
| 4 | | describes the procedures and protocols for providing medical |
| 5 | | forensic services to sexual assault survivors who present |
| 6 | | themselves for such services, either directly or through |
| 7 | | transfer from a hospital or an approved pediatric health care |
| 8 | | facility.
|
| 9 | | "Transfer hospital" means a hospital with a sexual assault |
| 10 | | transfer plan approved by the Department. |
| 11 | | "Transfer services" means the appropriate medical |
| 12 | | screening examination and necessary stabilizing treatment |
| 13 | | prior to the transfer of a sexual assault survivor to a |
| 14 | | hospital or an approved pediatric health care facility that |
| 15 | | provides medical forensic services to sexual assault survivors |
| 16 | | pursuant to a sexual assault treatment plan or areawide sexual |
| 17 | | assault treatment plan.
|
| 18 | | "Treatment hospital" means a hospital with a sexual |
| 19 | | assault treatment plan approved by the Department to provide |
| 20 | | medical forensic services to all sexual assault survivors who |
| 21 | | present with a complaint of sexual assault within a minimum of |
| 22 | | the last 7 days or who have disclosed past sexual assault by a |
| 23 | | specific individual and were in the care of that individual |
| 24 | | within a minimum of the last 7 days. |
| 25 | | "Treatment hospital with approved pediatric transfer" |
| 26 | | means a hospital with a treatment plan approved by the |
|
| | HB5501 | - 1716 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department to provide medical forensic services to sexual |
| 2 | | assault survivors 13 years old or older who present with a |
| 3 | | complaint of sexual assault within a minimum of the last 7 days |
| 4 | | or who have disclosed past sexual assault by a specific |
| 5 | | individual and were in the care of that individual within a |
| 6 | | minimum of the last 7 days. |
| 7 | | (b) This Section is effective on and after January 1, 2024 |
| 8 | | 2022. |
| 9 | | (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; |
| 10 | | 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. |
| 11 | | 11-30-21; revised 12-16-21.)
|
| 12 | | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
|
| 13 | | Sec. 5. Minimum requirements for medical forensic services |
| 14 | | provided to sexual assault survivors by hospitals and approved |
| 15 | | pediatric health care facilities.
|
| 16 | | (a) Every hospital and approved pediatric health care |
| 17 | | facility providing medical forensic services to
sexual assault |
| 18 | | survivors under this Act
shall, as minimum requirements for |
| 19 | | such services, provide, with the consent
of the sexual assault |
| 20 | | survivor, and as ordered by the attending
physician, an |
| 21 | | advanced practice registered nurse, or a physician assistant, |
| 22 | | the services set forth in subsection (a-5).
|
| 23 | | Beginning January 1, 2023, a qualified medical provider |
| 24 | | must provide the services set forth in subsection (a-5). |
| 25 | | (a-5) A treatment hospital, a treatment hospital with |
|
| | HB5501 | - 1717 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | approved pediatric transfer, or an approved pediatric health |
| 2 | | care facility shall provide the following services in |
| 3 | | accordance with subsection (a): |
| 4 | | (1) Appropriate medical forensic services without |
| 5 | | delay, in a private, age-appropriate or |
| 6 | | developmentally-appropriate space, required to ensure the |
| 7 | | health, safety, and welfare
of a sexual assault survivor |
| 8 | | and which may be
used as evidence in a criminal proceeding |
| 9 | | against a person accused of the
sexual assault, in a |
| 10 | | proceeding under the Juvenile Court Act of 1987, or in an |
| 11 | | investigation under the Abused and Neglected Child |
| 12 | | Reporting Act. |
| 13 | | Records of medical forensic services, including |
| 14 | | results of examinations and tests, the Illinois State |
| 15 | | Police Medical Forensic Documentation Forms, the Illinois |
| 16 | | State Police Patient Discharge Materials, and the Illinois |
| 17 | | State Police Patient Consent: Collect and Test Evidence or |
| 18 | | Collect and Hold Evidence Form, shall be maintained by the |
| 19 | | hospital or approved pediatric health care facility as |
| 20 | | part of the patient's electronic medical record. |
| 21 | | Records of medical forensic services of sexual assault |
| 22 | | survivors under the age of 18 shall be retained by the |
| 23 | | hospital for a period of 60 years after the sexual assault |
| 24 | | survivor reaches the age of 18. Records of medical |
| 25 | | forensic services of sexual assault survivors 18 years of |
| 26 | | age or older shall be retained by the hospital for a period |
|
| | HB5501 | - 1718 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of 20 years after the date the record was created. |
| 2 | | Records of medical forensic services may only be |
| 3 | | disseminated in accordance with Section 6.5 of this Act |
| 4 | | and other State and federal law.
|
| 5 | | (1.5) An offer to complete the Illinois Sexual Assault |
| 6 | | Evidence Collection Kit for any sexual assault survivor |
| 7 | | who presents within a minimum of the last 7 days of the |
| 8 | | assault or who has disclosed past sexual assault by a |
| 9 | | specific individual and was in the care of that individual |
| 10 | | within a minimum of the last 7 days. |
| 11 | | (A) Appropriate oral and written information |
| 12 | | concerning evidence-based guidelines for the |
| 13 | | appropriateness of evidence collection depending on |
| 14 | | the sexual development of the sexual assault survivor, |
| 15 | | the type of sexual assault, and the timing of the |
| 16 | | sexual assault shall be provided to the sexual assault |
| 17 | | survivor. Evidence collection is encouraged for |
| 18 | | prepubescent sexual assault survivors who present to a |
| 19 | | hospital or approved pediatric health care facility |
| 20 | | with a complaint of sexual assault within a minimum of |
| 21 | | 96 hours after the sexual assault. |
| 22 | | Before January 1, 2023, the information required |
| 23 | | under this subparagraph shall be provided in person by |
| 24 | | the health care professional providing medical |
| 25 | | forensic services directly to the sexual assault |
| 26 | | survivor. |
|
| | HB5501 | - 1719 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | On and after January 1, 2023, the information |
| 2 | | required under this subparagraph shall be provided in |
| 3 | | person by the qualified medical provider providing |
| 4 | | medical forensic services directly to the sexual |
| 5 | | assault survivor. |
| 6 | | The written information provided shall be the |
| 7 | | information created in accordance with Section 10 of |
| 8 | | this Act. |
| 9 | | (B) Following the discussion regarding the |
| 10 | | evidence-based guidelines for evidence collection in |
| 11 | | accordance with subparagraph (A), evidence collection |
| 12 | | must be completed at the sexual assault survivor's |
| 13 | | request. A sexual assault nurse examiner conducting an |
| 14 | | examination using the Illinois State Police Sexual |
| 15 | | Assault Evidence Collection Kit may do so without the |
| 16 | | presence or participation of a physician. |
| 17 | | (2) Appropriate oral and written information |
| 18 | | concerning the possibility
of infection, sexually |
| 19 | | transmitted infection, including an evaluation of the |
| 20 | | sexual assault survivor's risk of contracting human |
| 21 | | immunodeficiency virus (HIV) from sexual assault, and |
| 22 | | pregnancy
resulting from sexual assault.
|
| 23 | | (3) Appropriate oral and written information |
| 24 | | concerning accepted medical
procedures, laboratory tests, |
| 25 | | medication, and possible contraindications of such |
| 26 | | medication
available for the prevention or treatment of |
|
| | HB5501 | - 1720 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | infection or disease resulting
from sexual assault.
|
| 2 | | (3.5) After a medical evidentiary or physical |
| 3 | | examination, access to a shower at no cost, unless |
| 4 | | showering facilities are unavailable. |
| 5 | | (4) An amount of medication, including HIV |
| 6 | | prophylaxis, for treatment at the hospital or approved |
| 7 | | pediatric health care facility and after discharge as is |
| 8 | | deemed appropriate by the attending physician, an advanced |
| 9 | | practice registered nurse, or a physician assistant in |
| 10 | | accordance with the Centers for Disease Control and |
| 11 | | Prevention guidelines and consistent with the hospital's |
| 12 | | or approved pediatric health care facility's current |
| 13 | | approved protocol for sexual assault survivors.
|
| 14 | | (5) Photo documentation of the sexual assault |
| 15 | | survivor's injuries, anatomy involved in the assault, or |
| 16 | | other visible evidence on the sexual assault survivor's |
| 17 | | body to supplement the medical forensic history and |
| 18 | | written documentation of physical findings and evidence |
| 19 | | beginning July 1, 2019. Photo documentation does not |
| 20 | | replace written documentation of the injury.
|
| 21 | | (6) Written and oral instructions indicating the need |
| 22 | | for follow-up examinations and laboratory tests after the |
| 23 | | sexual assault to determine the presence or absence of
|
| 24 | | sexually transmitted infection.
|
| 25 | | (7) Referral by hospital or approved pediatric health |
| 26 | | care facility personnel for appropriate counseling.
|
|
| | HB5501 | - 1721 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (8) Medical advocacy services provided by a rape |
| 2 | | crisis counselor whose communications are protected under |
| 3 | | Section 8-802.1 of the Code of Civil Procedure, if there |
| 4 | | is a memorandum of understanding between the hospital or |
| 5 | | approved pediatric health care facility and a rape crisis |
| 6 | | center. With the consent of the sexual assault survivor, a |
| 7 | | rape crisis counselor shall remain in the exam room during |
| 8 | | the medical forensic examination.
|
| 9 | | (9) Written information regarding services provided by |
| 10 | | a Children's Advocacy Center and rape crisis center, if |
| 11 | | applicable. |
| 12 | | (10) A treatment hospital, a treatment hospital with |
| 13 | | approved pediatric transfer, an out-of-state hospital as |
| 14 | | defined in Section 5.4, or an approved pediatric health |
| 15 | | care facility shall comply with the rules relating to the |
| 16 | | collection and tracking of sexual assault evidence adopted |
| 17 | | by the Illinois State Police under Section 50 of the |
| 18 | | Sexual Assault Evidence Submission Act. |
| 19 | | (11) Written information regarding the Illinois State |
| 20 | | Police sexual assault evidence tracking system. |
| 21 | | (a-7) By January 1, 2023, every hospital with a treatment |
| 22 | | plan approved by the Department shall employ or contract with |
| 23 | | a qualified medical provider to initiate medical forensic |
| 24 | | services to a sexual assault survivor within 90 minutes of the |
| 25 | | patient presenting to the treatment hospital or treatment |
| 26 | | hospital with approved pediatric transfer. The provision of |
|
| | HB5501 | - 1722 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | medical forensic services by a qualified medical provider |
| 2 | | shall not delay the provision of life-saving medical care. |
| 3 | | (b) Any person who is a sexual assault survivor who seeks |
| 4 | | medical forensic services or follow-up healthcare
under this |
| 5 | | Act shall be provided such services without the consent
of any |
| 6 | | parent, guardian, custodian, surrogate, or agent. If a sexual |
| 7 | | assault survivor is unable to consent to medical forensic |
| 8 | | services, the services may be provided under the Consent by |
| 9 | | Minors to Health Care Services Medical Procedures Act, the |
| 10 | | Health Care Surrogate Act, or other applicable State and |
| 11 | | federal laws.
|
| 12 | | (b-5) Every hospital or approved pediatric health care |
| 13 | | facility providing medical forensic services to sexual assault |
| 14 | | survivors shall issue a voucher to any sexual assault survivor |
| 15 | | who is eligible to receive one in accordance with Section 5.2 |
| 16 | | of this Act. The hospital shall make a copy of the voucher and |
| 17 | | place it in the medical record of the sexual assault survivor. |
| 18 | | The hospital shall provide a copy of the voucher to the sexual |
| 19 | | assault survivor after discharge upon request. |
| 20 | | (c) Nothing in this Section creates a physician-patient |
| 21 | | relationship that extends beyond discharge from the hospital |
| 22 | | or approved pediatric health care facility.
|
| 23 | | (d) This Section is effective on and after January 1, 2024 |
| 24 | | 2022. |
| 25 | | (Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19; |
| 26 | | 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff. |
|
| | HB5501 | - 1723 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 8-20-21; 102-674, eff. 11-30-21; revised 12-16-21.)
|
| 2 | | (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
|
| 3 | | Sec. 6.4. Sexual assault evidence collection program.
|
| 4 | | (a) There is created a statewide sexual assault evidence |
| 5 | | collection program
to facilitate the prosecution of persons |
| 6 | | accused of sexual assault. This
program shall be administered |
| 7 | | by the Illinois
State Police. The program shall
consist of the |
| 8 | | following: (1) distribution of sexual assault evidence
|
| 9 | | collection kits which have been approved by the Illinois
State |
| 10 | | Police to hospitals and approved pediatric health care |
| 11 | | facilities that request them, or arranging for
such |
| 12 | | distribution by the manufacturer of the kits, (2) collection |
| 13 | | of the kits
from hospitals and approved pediatric health care |
| 14 | | facilities after the kits have been used to collect
evidence, |
| 15 | | (3) analysis of the collected evidence and conducting of |
| 16 | | laboratory
tests, (4) maintaining the chain of custody and |
| 17 | | safekeeping of the evidence
for use in a legal proceeding, and |
| 18 | | (5) the comparison of the collected evidence with the genetic |
| 19 | | marker grouping analysis information maintained by the |
| 20 | | Illinois State Police under Section 5-4-3 of the Unified Code |
| 21 | | of Corrections and with the information contained in the |
| 22 | | Federal Bureau of Investigation's National DNA database; |
| 23 | | provided the amount and quality of genetic marker grouping |
| 24 | | results obtained from the evidence in the sexual assault case |
| 25 | | meets the requirements of both the Illinois State Police and |
|
| | HB5501 | - 1725 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (410 ILCS 130/100)
|
| 2 | | Sec. 100. Cultivation center agent identification card. |
| 3 | | (a) The Department of Agriculture shall:
|
| 4 | | (1) verify the information contained in an application |
| 5 | | or renewal for a cultivation center identification card |
| 6 | | submitted under this Act, and approve or deny an |
| 7 | | application or renewal, within 30 days of receiving a |
| 8 | | completed application or renewal application and all |
| 9 | | supporting documentation required by rule;
|
| 10 | | (2) issue a cultivation center agent identification |
| 11 | | card to a qualifying agent within 15 business days of |
| 12 | | approving the application or renewal;
|
| 13 | | (3) enter the registry identification number of the |
| 14 | | cultivation center where the agent works; and
|
| 15 | | (4) allow for an electronic application process, and |
| 16 | | provide a confirmation by electronic or other methods that |
| 17 | | an application has been submitted.
|
| 18 | | (b) A cultivation center agent must keep his or her |
| 19 | | identification card visible at all times when on the property |
| 20 | | of a cultivation center and during the transportation of |
| 21 | | medical cannabis to a registered dispensary organization.
|
| 22 | | (c) The cultivation center agent identification cards |
| 23 | | shall contain the following:
|
| 24 | | (1) the name of the cardholder;
|
| 25 | | (2) the date of issuance and expiration date of |
| 26 | | cultivation center agent identification cards;
|
|
| | HB5501 | - 1727 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the
Department of Public Health, Department of Financial and |
| 2 | | Professional Regulation, Department of Agriculture, or |
| 3 | | Illinois State Police for purposes of administering this Act |
| 4 | | are subject to all applicable federal privacy laws, |
| 5 | | confidential, and exempt from the Freedom of Information Act, |
| 6 | | and not subject to disclosure to any individual or public or |
| 7 | | private entity, except as necessary for authorized employees |
| 8 | | of those authorized agencies to perform official duties under |
| 9 | | this Act and the following information received and records |
| 10 | | kept by Department of Public Health, Department of |
| 11 | | Agriculture, Department of Financial and Professional |
| 12 | | Regulation, and Illinois State Police, excluding any existing |
| 13 | | or non-existing Illinois or national criminal history record |
| 14 | | information as defined in subsection (d), may be disclosed to |
| 15 | | each other upon request:
|
| 16 | | (1) Applications and renewals, their contents, and |
| 17 | | supporting information submitted by qualifying patients |
| 18 | | and designated caregivers, including information regarding |
| 19 | | their designated caregivers and certifying health care |
| 20 | | professionals.
|
| 21 | | (2) Applications and renewals, their contents, and |
| 22 | | supporting information submitted by or on behalf of |
| 23 | | cultivation centers and dispensing organizations in |
| 24 | | compliance with this Act, including their physical |
| 25 | | addresses. This does not preclude the release of ownership |
| 26 | | information of cannabis business establishment licenses.
|
|
| | HB5501 | - 1728 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) The individual names and other information |
| 2 | | identifying persons to whom the Department of Public |
| 3 | | Health has issued registry identification cards.
|
| 4 | | (4) Any dispensing information required to be kept |
| 5 | | under Section 135, Section 150, or Department of Public |
| 6 | | Health, Department of Agriculture, or Department of |
| 7 | | Financial and Professional Regulation rules shall identify |
| 8 | | cardholders and registered cultivation centers by their |
| 9 | | registry identification numbers and medical cannabis |
| 10 | | dispensing organizations by their registration number and |
| 11 | | not contain names or other personally identifying |
| 12 | | information.
|
| 13 | | (5) All medical records provided to the Department of |
| 14 | | Public Health in connection with an application for a |
| 15 | | registry card.
|
| 16 | | (b) Nothing in this Section precludes the following:
|
| 17 | | (1) Department of Agriculture, Department of Financial |
| 18 | | and Professional Regulation, or Public Health employees |
| 19 | | may notify law enforcement about falsified or fraudulent |
| 20 | | information submitted to the Departments if the employee |
| 21 | | who suspects that falsified or fraudulent information has |
| 22 | | been submitted conferred with his or her supervisor and |
| 23 | | both agree that circumstances exist that warrant |
| 24 | | reporting.
|
| 25 | | (2) If the employee conferred with his or her |
| 26 | | supervisor and both agree that circumstances exist that |
|
| | HB5501 | - 1729 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | warrant reporting, Department of Public Health employees |
| 2 | | may notify the Department of Financial and Professional |
| 3 | | Regulation if there is reasonable cause to believe a |
| 4 | | certifying health care professional:
|
| 5 | | (A) issued a written certification without a bona |
| 6 | | fide health care professional-patient relationship |
| 7 | | under this Act;
|
| 8 | | (B) issued a written certification to a person who |
| 9 | | was not under the certifying health care |
| 10 | | professional's care for the debilitating medical |
| 11 | | condition; or
|
| 12 | | (C) failed to abide by the acceptable and |
| 13 | | prevailing standard of care when evaluating a |
| 14 | | patient's medical condition.
|
| 15 | | (3) The Department of Public Health, Department of |
| 16 | | Agriculture, and Department of Financial and Professional |
| 17 | | Regulation may notify State or local law enforcement about |
| 18 | | apparent criminal violations of this Act if the employee |
| 19 | | who suspects the offense has conferred with his or her |
| 20 | | supervisor and both agree that circumstances exist that |
| 21 | | warrant reporting.
|
| 22 | | (4) Medical cannabis cultivation center agents and |
| 23 | | medical cannabis dispensing organizations may notify the |
| 24 | | Department of Public Health, Department of Financial and |
| 25 | | Professional Regulation, or Department of Agriculture of a |
| 26 | | suspected violation or attempted violation of this Act or |
|
| | HB5501 | - 1730 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the rules issued under it.
|
| 2 | | (5) Each Department may verify registry identification |
| 3 | | cards under Section 150.
|
| 4 | | (6) The submission of the report to the General |
| 5 | | Assembly under Section 160.
|
| 6 | | (b-5) Each Department responsible for licensure under this |
| 7 | | Act shall publish on the Department's website a list of the |
| 8 | | ownership information of cannabis business establishment |
| 9 | | licensees under the Department's jurisdiction. The list shall |
| 10 | | include, but shall not be limited to, the name of the person or |
| 11 | | entity holding each cannabis business establishment license |
| 12 | | and the address at which the entity is operating under this |
| 13 | | Act. This list shall be published and updated monthly. |
| 14 | | (c) Except for any ownership information released pursuant |
| 15 | | to subsection (b-5) or as otherwise authorized or required by |
| 16 | | law, it is a Class B misdemeanor with a $1,000 fine for any |
| 17 | | person, including an employee or official of the Department of |
| 18 | | Public Health, Department of Financial and Professional |
| 19 | | Regulation, or Department of Agriculture or another State |
| 20 | | agency or local government, to breach the confidentiality of |
| 21 | | information obtained under this Act.
|
| 22 | | (d) The Department of Public Health, the Department of |
| 23 | | Agriculture, the Illinois State Police, and the Department of |
| 24 | | Financial and Professional Regulation shall not share or |
| 25 | | disclose any existing or non-existing Illinois or national |
| 26 | | criminal history record information. For the purposes of this |
|
| | HB5501 | - 1731 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section, "any existing or non-existing Illinois or national |
| 2 | | criminal history record information" means any Illinois or |
| 3 | | national criminal history record information, including but |
| 4 | | not limited to the lack of or non-existence of these records. |
| 5 | | (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21; |
| 6 | | 102-538, eff. 8-20-21; revised 10-12-21.)
|
| 7 | | Section 540. The Cannabis Regulation and Tax Act is |
| 8 | | amended by changing Sections 1-10, 15-25, 15-30, 15-40, |
| 9 | | 15-135, 20-30, 25-30, 25-35, 30-30, 35-25, 35-30, 40-25, |
| 10 | | 40-30, and 55-30 as follows:
|
| 11 | | (410 ILCS 705/1-10)
|
| 12 | | Sec. 1-10. Definitions. In this Act: |
| 13 | | "Adult Use Cultivation Center License" means a license |
| 14 | | issued by the Department of Agriculture that permits a person |
| 15 | | to act as a cultivation center under this Act and any |
| 16 | | administrative rule made in furtherance of this Act. |
| 17 | | "Adult Use Dispensing Organization License" means a |
| 18 | | license issued by the Department of Financial and Professional |
| 19 | | Regulation that permits a person to act as a dispensing |
| 20 | | organization under this Act and any administrative rule made |
| 21 | | in furtherance of this Act. |
| 22 | | "Advertise" means to engage in promotional activities |
| 23 | | including, but not limited to: newspaper, radio, Internet and |
| 24 | | electronic media, and television advertising; the distribution |
|
| | HB5501 | - 1732 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of fliers and circulars; billboard advertising; and the |
| 2 | | display of window and interior signs. "Advertise" does not |
| 3 | | mean exterior signage displaying only the name of the licensed |
| 4 | | cannabis business establishment. |
| 5 | | "Application points" means the number of points a |
| 6 | | Dispensary Applicant receives on an application for a |
| 7 | | Conditional Adult Use Dispensing Organization License. |
| 8 | | "BLS Region" means a region in Illinois used by the United |
| 9 | | States Bureau of Labor Statistics to gather and categorize |
| 10 | | certain employment and wage data. The 17 such regions in |
| 11 | | Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion, |
| 12 | | Champaign-Urbana, Chicago-Naperville-Elgin, Danville, |
| 13 | | Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria, |
| 14 | | Rockford, St. Louis, Springfield, Northwest Illinois |
| 15 | | nonmetropolitan area, West Central Illinois nonmetropolitan |
| 16 | | area, East Central Illinois nonmetropolitan area, and South |
| 17 | | Illinois nonmetropolitan area. |
| 18 | | "By lot" means a randomized method of choosing between 2 |
| 19 | | or more Eligible Tied Applicants or 2 or more Qualifying |
| 20 | | Applicants. |
| 21 | | "Cannabis" means marijuana, hashish, and other substances |
| 22 | | that are identified as including any parts of the plant |
| 23 | | Cannabis sativa and including derivatives or subspecies, such |
| 24 | | as indica, of all strains of cannabis, whether growing or not; |
| 25 | | the seeds thereof, the resin extracted from any part of the |
| 26 | | plant; and any compound, manufacture, salt, derivative, |
|
| | HB5501 | - 1733 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | mixture, or preparation of the plant, its seeds, or resin, |
| 2 | | including tetrahydrocannabinol (THC) and all other naturally |
| 3 | | produced cannabinol derivatives, whether produced directly or |
| 4 | | indirectly by extraction; however, "cannabis" does not include |
| 5 | | the mature stalks of the plant, fiber produced from the |
| 6 | | stalks, oil or cake made from the seeds of the plant, any other |
| 7 | | compound, manufacture, salt, derivative, mixture, or |
| 8 | | preparation of the mature stalks (except the resin extracted |
| 9 | | from it), fiber, oil or cake, or the sterilized seed of the |
| 10 | | plant that is incapable of germination. "Cannabis" does not |
| 11 | | include industrial hemp as defined and authorized under the |
| 12 | | Industrial Hemp Act. "Cannabis" also means cannabis flower, |
| 13 | | concentrate, and cannabis-infused products. |
| 14 | | "Cannabis business establishment" means a cultivation |
| 15 | | center, craft grower, processing organization, infuser |
| 16 | | organization, dispensing organization, or transporting |
| 17 | | organization. |
| 18 | | "Cannabis concentrate" means a product derived from |
| 19 | | cannabis that is produced by extracting cannabinoids, |
| 20 | | including tetrahydrocannabinol (THC), from the plant through |
| 21 | | the use of propylene glycol, glycerin, butter, olive oil, or |
| 22 | | other typical cooking fats; water, ice, or dry ice; or butane, |
| 23 | | propane, CO2, ethanol, or isopropanol and with the intended |
| 24 | | use of smoking or making a cannabis-infused product. The use |
| 25 | | of any other solvent is expressly prohibited unless and until |
| 26 | | it is approved by the Department of Agriculture. |
|
| | HB5501 | - 1734 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Cannabis container" means a sealed or resealable, |
| 2 | | traceable, container, or package used for the purpose of |
| 3 | | containment of cannabis or cannabis-infused product during |
| 4 | | transportation. |
| 5 | | "Cannabis flower" means marijuana, hashish, and other |
| 6 | | substances that are identified as including any parts of the |
| 7 | | plant Cannabis sativa and including derivatives or subspecies, |
| 8 | | such as indica, of all strains of cannabis; including raw |
| 9 | | kief, leaves, and buds, but not resin that has been extracted |
| 10 | | from any part of such plant; nor any compound, manufacture, |
| 11 | | salt, derivative, mixture, or preparation of such plant, its |
| 12 | | seeds, or resin. |
| 13 | | "Cannabis-infused product" means a beverage, food, oil, |
| 14 | | ointment, tincture, topical formulation, or another product |
| 15 | | containing cannabis or cannabis concentrate that is not |
| 16 | | intended to be smoked. |
| 17 | | "Cannabis paraphernalia" means equipment, products, or |
| 18 | | materials intended to be used for planting, propagating, |
| 19 | | cultivating, growing, harvesting, manufacturing, producing, |
| 20 | | processing, preparing, testing, analyzing, packaging, |
| 21 | | repackaging, storing, containing, concealing, ingesting, or |
| 22 | | otherwise introducing cannabis into the human body. |
| 23 | | "Cannabis plant monitoring system" or "plant monitoring |
| 24 | | system" means a system that includes, but is not limited to, |
| 25 | | testing and data collection established and maintained by the |
| 26 | | cultivation center, craft grower, or processing organization |
|
| | HB5501 | - 1735 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and that is available to the Department of Revenue, the |
| 2 | | Department of Agriculture, the Department of Financial and |
| 3 | | Professional Regulation, and the Illinois State Police for the |
| 4 | | purposes of documenting each cannabis plant and monitoring |
| 5 | | plant development throughout the life cycle of a cannabis |
| 6 | | plant cultivated for the intended use by a customer from seed |
| 7 | | planting to final packaging. |
| 8 | | "Cannabis testing facility" means an entity registered by |
| 9 | | the Department of Agriculture to test cannabis for potency and |
| 10 | | contaminants. |
| 11 | | "Clone" means a plant section from a female cannabis plant |
| 12 | | not yet rootbound, growing in a water solution or other |
| 13 | | propagation matrix, that is capable of developing into a new |
| 14 | | plant. |
| 15 | | "Community College Cannabis Vocational Training Pilot |
| 16 | | Program faculty participant" means a person who is 21 years of |
| 17 | | age or older, licensed by the Department of Agriculture, and |
| 18 | | is employed or contracted by an Illinois community college to |
| 19 | | provide student instruction using cannabis plants at an |
| 20 | | Illinois Community College. |
| 21 | | "Community College Cannabis Vocational Training Pilot |
| 22 | | Program faculty participant Agent Identification Card" means a |
| 23 | | document issued by the Department of Agriculture that |
| 24 | | identifies a person as a Community College Cannabis Vocational |
| 25 | | Training Pilot Program faculty participant. |
| 26 | | "Conditional Adult Use Dispensing Organization License" |
|
| | HB5501 | - 1736 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | means a contingent license awarded to applicants for an Adult |
| 2 | | Use Dispensing Organization License that reserves the right to |
| 3 | | an Adult Use Dispensing Organization License if the applicant |
| 4 | | meets certain conditions described in this Act, but does not |
| 5 | | entitle the recipient to begin purchasing or selling cannabis |
| 6 | | or cannabis-infused products. |
| 7 | | "Conditional Adult Use Cultivation Center License" means a |
| 8 | | license awarded to top-scoring applicants for an Adult Use |
| 9 | | Cultivation Center License that reserves the right to an Adult |
| 10 | | Use Cultivation Center License if the applicant meets certain |
| 11 | | conditions as determined by the Department of Agriculture by |
| 12 | | rule, but does not entitle the recipient to begin growing, |
| 13 | | processing, or selling cannabis or cannabis-infused products. |
| 14 | | "Craft grower" means a facility operated by an |
| 15 | | organization or business that is licensed by the Department of |
| 16 | | Agriculture to cultivate, dry, cure, and package cannabis and |
| 17 | | perform other necessary activities to make cannabis available |
| 18 | | for sale at a dispensing organization or use at a processing |
| 19 | | organization. A craft grower may contain up to 5,000 square |
| 20 | | feet of canopy space on its premises for plants in the |
| 21 | | flowering state. The Department of Agriculture may authorize |
| 22 | | an increase or decrease of flowering stage cultivation space |
| 23 | | in increments of 3,000 square feet by rule based on market |
| 24 | | need, craft grower capacity, and the licensee's history of |
| 25 | | compliance or noncompliance, with a maximum space of 14,000 |
| 26 | | square feet for cultivating plants in the flowering stage, |
|
| | HB5501 | - 1737 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | which must be cultivated in all stages of growth in an enclosed |
| 2 | | and secure area. A craft grower may share premises with a |
| 3 | | processing organization or a dispensing organization, or both, |
| 4 | | provided each licensee stores currency and cannabis or |
| 5 | | cannabis-infused products in a separate secured vault to which |
| 6 | | the other licensee does not have access or all licensees |
| 7 | | sharing a vault share more than 50% of the same ownership. |
| 8 | | "Craft grower agent" means a principal officer, board |
| 9 | | member, employee, or other agent of a craft grower who is 21 |
| 10 | | years of age or older. |
| 11 | | "Craft Grower Agent Identification Card" means a document |
| 12 | | issued by the Department of Agriculture that identifies a |
| 13 | | person as a craft grower agent. |
| 14 | | "Cultivation center" means a facility operated by an |
| 15 | | organization or business that is licensed by the Department of |
| 16 | | Agriculture to cultivate, process, transport (unless otherwise |
| 17 | | limited by this Act), and perform other necessary activities |
| 18 | | to provide cannabis and cannabis-infused products to cannabis |
| 19 | | business establishments. |
| 20 | | "Cultivation center agent" means a principal officer, |
| 21 | | board member, employee, or other agent of a cultivation center |
| 22 | | who is 21 years of age or older. |
| 23 | | "Cultivation Center Agent Identification Card" means a |
| 24 | | document issued by the Department of Agriculture that |
| 25 | | identifies a person as a cultivation center agent. |
| 26 | | "Currency" means currency and coin of the United States. |
|
| | HB5501 | - 1738 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Dispensary" means a facility operated by a dispensing |
| 2 | | organization at which activities licensed by this Act may |
| 3 | | occur. |
| 4 | | "Dispensary Applicant" means the Proposed Dispensing |
| 5 | | Organization Name as stated on an application for a |
| 6 | | Conditional Adult Use Dispensing Organization License. |
| 7 | | "Dispensing organization" means a facility operated by an |
| 8 | | organization or business that is licensed by the Department of |
| 9 | | Financial and Professional Regulation to acquire cannabis from |
| 10 | | a cultivation center, craft grower, processing organization, |
| 11 | | or another dispensary for the purpose of selling or dispensing |
| 12 | | cannabis, cannabis-infused products, cannabis seeds, |
| 13 | | paraphernalia, or related supplies under this Act to |
| 14 | | purchasers or to qualified registered medical cannabis |
| 15 | | patients and caregivers. As used in this Act, "dispensing |
| 16 | | organization" includes a registered medical cannabis |
| 17 | | organization as defined in the Compassionate Use of Medical |
| 18 | | Cannabis Program Act or its successor Act that has obtained an |
| 19 | | Early Approval Adult Use Dispensing Organization License. |
| 20 | | "Dispensing organization agent" means a principal officer, |
| 21 | | employee, or agent of a dispensing organization who is 21 |
| 22 | | years of age or older. |
| 23 | | "Dispensing organization agent identification card" means |
| 24 | | a document issued by the Department of Financial and |
| 25 | | Professional Regulation that identifies a person as a |
| 26 | | dispensing organization agent. |
|
| | HB5501 | - 1739 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | "Disproportionately Impacted Area" means a census tract or |
| 2 | | comparable geographic area that satisfies the following |
| 3 | | criteria as determined by the Department of Commerce and |
| 4 | | Economic Opportunity, that: |
| 5 | | (1) meets at least one of the following criteria: |
| 6 | | (A) the area has a poverty rate of at least 20% |
| 7 | | according to the latest federal decennial census; or |
| 8 | | (B) 75% or more of the children in the area |
| 9 | | participate in the federal free lunch program |
| 10 | | according to reported statistics from the State Board |
| 11 | | of Education; or |
| 12 | | (C) at least 20% of the households in the area |
| 13 | | receive assistance under the Supplemental Nutrition |
| 14 | | Assistance Program; or |
| 15 | | (D) the area has an average unemployment rate, as |
| 16 | | determined by the Illinois Department of Employment |
| 17 | | Security, that is more than 120% of the national |
| 18 | | unemployment average, as determined by the United |
| 19 | | States Department of Labor, for a period of at least 2 |
| 20 | | consecutive calendar years preceding the date of the |
| 21 | | application; and |
| 22 | | (2) has high rates of arrest, conviction, and |
| 23 | | incarceration related to the sale, possession, use, |
| 24 | | cultivation, manufacture, or transport of cannabis. |
| 25 | | "Early Approval Adult Use Cultivation Center License" |
| 26 | | means a license that permits a medical cannabis cultivation |
|
| | HB5501 | - 1740 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | center licensed under the Compassionate Use of Medical |
| 2 | | Cannabis Program Act as of the effective date of this Act to |
| 3 | | begin cultivating, infusing, packaging, transporting (unless |
| 4 | | otherwise provided in this Act), processing, and selling |
| 5 | | cannabis or cannabis-infused product to cannabis business |
| 6 | | establishments for resale to purchasers as permitted by this |
| 7 | | Act as of January 1, 2020. |
| 8 | | "Early Approval Adult Use Dispensing Organization License" |
| 9 | | means a license that permits a medical cannabis dispensing |
| 10 | | organization licensed under the Compassionate Use of Medical |
| 11 | | Cannabis Program Act as of the effective date of this Act to |
| 12 | | begin selling cannabis or cannabis-infused product to |
| 13 | | purchasers as permitted by this Act as of January 1, 2020. |
| 14 | | "Early Approval Adult Use Dispensing Organization at a |
| 15 | | secondary site" means a license that permits a medical |
| 16 | | cannabis dispensing organization licensed under the |
| 17 | | Compassionate Use of Medical Cannabis Program Act as of the |
| 18 | | effective date of this Act to begin selling cannabis or |
| 19 | | cannabis-infused product to purchasers as permitted by this |
| 20 | | Act on January 1, 2020 at a different dispensary location from |
| 21 | | its existing registered medical dispensary location. |
| 22 | | "Eligible Tied Applicant" means a Tied Applicant that is |
| 23 | | eligible to participate in the process by which a remaining |
| 24 | | available license is distributed by lot pursuant to a Tied |
| 25 | | Applicant Lottery. |
| 26 | | "Enclosed, locked facility" means a room, greenhouse, |
|
| | HB5501 | - 1741 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | building, or other enclosed area equipped with locks or other |
| 2 | | security devices that permit access only by cannabis business |
| 3 | | establishment agents working for the licensed cannabis |
| 4 | | business establishment or acting pursuant to this Act to |
| 5 | | cultivate, process, store, or distribute cannabis. |
| 6 | | "Enclosed, locked space" means a closet, room, greenhouse, |
| 7 | | building, or other enclosed area equipped with locks or other |
| 8 | | security devices that permit access only by authorized |
| 9 | | individuals under this Act. "Enclosed, locked space" may |
| 10 | | include: |
| 11 | | (1) a space within a residential building that (i) is |
| 12 | | the primary residence of the individual cultivating 5 or |
| 13 | | fewer cannabis plants that are more than 5 inches tall and |
| 14 | | (ii) includes sleeping quarters and indoor plumbing. The |
| 15 | | space must only be accessible by a key or code that is |
| 16 | | different from any key or code that can be used to access |
| 17 | | the residential building from the exterior; or |
| 18 | | (2) a structure, such as a shed or greenhouse, that |
| 19 | | lies on the same plot of land as a residential building |
| 20 | | that (i) includes sleeping quarters and indoor plumbing |
| 21 | | and (ii) is used as a primary residence by the person |
| 22 | | cultivating 5 or fewer cannabis plants that are more than |
| 23 | | 5 inches tall, such as a shed or greenhouse. The structure |
| 24 | | must remain locked when it is unoccupied by people. |
| 25 | | "Financial institution" has the same meaning as "financial |
| 26 | | organization" as defined in Section 1501 of the Illinois |
|
| | HB5501 | - 1742 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Income Tax Act, and also includes the holding companies, |
| 2 | | subsidiaries, and affiliates of such financial organizations. |
| 3 | | "Flowering stage" means the stage of cultivation where and |
| 4 | | when a cannabis plant is cultivated to produce plant material |
| 5 | | for cannabis products. This includes mature plants as follows: |
| 6 | | (1) if greater than 2 stigmas are visible at each |
| 7 | | internode of the plant; or |
| 8 | | (2) if the cannabis plant is in an area that has been |
| 9 | | intentionally deprived of light for a period of time |
| 10 | | intended to produce flower buds and induce maturation, |
| 11 | | from the moment the light deprivation began through the |
| 12 | | remainder of the marijuana plant growth cycle. |
| 13 | | "Individual" means a natural person. |
| 14 | | "Infuser organization" or "infuser" means a facility |
| 15 | | operated by an organization or business that is licensed by |
| 16 | | the Department of Agriculture to directly incorporate cannabis |
| 17 | | or cannabis concentrate into a product formulation to produce |
| 18 | | a cannabis-infused product. |
| 19 | | "Kief" means the resinous crystal-like trichomes that are |
| 20 | | found on cannabis and that are accumulated, resulting in a |
| 21 | | higher concentration of cannabinoids, untreated by heat or |
| 22 | | pressure, or extracted using a solvent. |
| 23 | | "Labor peace agreement" means an agreement between a |
| 24 | | cannabis business establishment and any labor organization |
| 25 | | recognized under the National Labor Relations Act, referred to |
| 26 | | in this Act as a bona fide labor organization, that prohibits |
|
| | HB5501 | - 1743 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | labor organizations and members from engaging in picketing, |
| 2 | | work stoppages, boycotts, and any other economic interference |
| 3 | | with the cannabis business establishment. This agreement means |
| 4 | | that the cannabis business establishment has agreed not to |
| 5 | | disrupt efforts by the bona fide labor organization to |
| 6 | | communicate with, and attempt to organize and represent, the |
| 7 | | cannabis business establishment's employees. The agreement |
| 8 | | shall provide a bona fide labor organization access at |
| 9 | | reasonable times to areas in which the cannabis business |
| 10 | | establishment's employees work, for the purpose of meeting |
| 11 | | with employees to discuss their right to representation, |
| 12 | | employment rights under State law, and terms and conditions of |
| 13 | | employment. This type of agreement shall not mandate a |
| 14 | | particular method of election or certification of the bona |
| 15 | | fide labor organization. |
| 16 | | "Limited access area" means a room or other area under the |
| 17 | | control of a cannabis dispensing organization licensed under |
| 18 | | this Act and upon the licensed premises where cannabis sales |
| 19 | | occur with access limited to purchasers, dispensing |
| 20 | | organization owners and other dispensing organization agents, |
| 21 | | or service professionals conducting business with the |
| 22 | | dispensing organization, or, if sales to registered qualifying |
| 23 | | patients, caregivers, provisional patients, and Opioid |
| 24 | | Alternative Pilot Program participants licensed pursuant to |
| 25 | | the Compassionate Use of Medical Cannabis Program Act are also |
| 26 | | permitted at the dispensary, registered qualifying patients, |
|
| | HB5501 | - 1744 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | caregivers, provisional patients, and Opioid Alternative Pilot |
| 2 | | Program participants. |
| 3 | | "Member of an impacted family" means an individual who has |
| 4 | | a parent, legal guardian, child, spouse, or dependent, or was |
| 5 | | a dependent of an individual who, prior to the effective date |
| 6 | | of this Act, was arrested for, convicted of, or adjudicated |
| 7 | | delinquent for any offense that is eligible for expungement |
| 8 | | under this Act. |
| 9 | | "Mother plant" means a cannabis plant that is cultivated |
| 10 | | or maintained for the purpose of generating clones, and that |
| 11 | | will not be used to produce plant material for sale to an |
| 12 | | infuser or dispensing organization. |
| 13 | | "Ordinary public view" means within the sight line with |
| 14 | | normal visual range of a person, unassisted by visual aids, |
| 15 | | from a public street or sidewalk adjacent to real property, or |
| 16 | | from within an adjacent property. |
| 17 | | "Ownership and control" means ownership of at least 51% of |
| 18 | | the business, including corporate stock if a corporation, and |
| 19 | | control over the management and day-to-day operations of the |
| 20 | | business and an interest in the capital, assets, and profits |
| 21 | | and losses of the business proportionate to percentage of |
| 22 | | ownership. |
| 23 | | "Person" means a natural individual, firm, partnership, |
| 24 | | association, joint stock company, joint venture, public or |
| 25 | | private corporation, limited liability company, or a receiver, |
| 26 | | executor, trustee, guardian, or other representative appointed |
|
| | HB5501 | - 1745 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | by order of any court. |
| 2 | | "Possession limit" means the amount of cannabis under |
| 3 | | Section 10-10 that may be possessed at any one time by a person |
| 4 | | 21 years of age or older or who is a registered qualifying |
| 5 | | medical cannabis patient or caregiver under the Compassionate |
| 6 | | Use of Medical Cannabis Program Act. |
| 7 | | "Principal officer" includes a cannabis business |
| 8 | | establishment applicant or licensed cannabis business |
| 9 | | establishment's board member, owner with more than 1% interest |
| 10 | | of the total cannabis business establishment or more than 5% |
| 11 | | interest of the total cannabis business establishment of a |
| 12 | | publicly traded company, president, vice president, secretary, |
| 13 | | treasurer, partner, officer, member, manager member, or person |
| 14 | | with a profit sharing, financial interest, or revenue sharing |
| 15 | | arrangement. The definition includes a person with authority |
| 16 | | to control the cannabis business establishment, a person who |
| 17 | | assumes responsibility for the debts of the cannabis business |
| 18 | | establishment and who is further defined in this Act. |
| 19 | | "Primary residence" means a dwelling where a person |
| 20 | | usually stays or stays more often than other locations. It may |
| 21 | | be determined by, without limitation, presence, tax filings; |
| 22 | | address on an Illinois driver's license, an Illinois |
| 23 | | Identification Card, or an Illinois Person with a Disability |
| 24 | | Identification Card; or voter registration. No person may have |
| 25 | | more than one primary residence. |
| 26 | | "Processing organization" or "processor" means a facility |
|
| | HB5501 | - 1746 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | operated by an organization or business that is licensed by |
| 2 | | the Department of Agriculture to either extract constituent |
| 3 | | chemicals or compounds to produce cannabis concentrate or |
| 4 | | incorporate cannabis or cannabis concentrate into a product |
| 5 | | formulation to produce a cannabis product. |
| 6 | | "Processing organization agent" means a principal officer, |
| 7 | | board member, employee, or agent of a processing organization. |
| 8 | | "Processing organization agent identification card" means |
| 9 | | a document issued by the Department of Agriculture that |
| 10 | | identifies a person as a processing organization agent. |
| 11 | | "Purchaser" means a person 21 years of age or older who |
| 12 | | acquires cannabis for a valuable consideration. "Purchaser" |
| 13 | | does not include a cardholder under the Compassionate Use of |
| 14 | | Medical Cannabis Program Act. |
| 15 | | "Qualifying Applicant" means an applicant that submitted |
| 16 | | an application pursuant to Section 15-30 that received at |
| 17 | | least 85% of 250 application points available under Section |
| 18 | | 15-30 as the applicant's final score and meets the definition |
| 19 | | of "Social Equity Applicant" as set forth under this Section. |
| 20 | | "Qualifying Social Equity Justice Involved Applicant" |
| 21 | | means an applicant that submitted an application pursuant to |
| 22 | | Section 15-30 that received at least 85% of 250 application |
| 23 | | points available under Section 15-30 as the applicant's final |
| 24 | | score and meets the criteria of either paragraph (1) or (2) of |
| 25 | | the definition of "Social Equity Applicant" as set forth under |
| 26 | | this Section. |
|
| | HB5501 | - 1749 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | top-scoring applications in the same BLS Region and would have |
| 2 | | been awarded a license but for the one or more other |
| 3 | | top-scoring applications that received the same number of |
| 4 | | application points. Each application for which a Dispensary |
| 5 | | Applicant was required to pay a required application fee for |
| 6 | | the application period ending January 2, 2020 shall be |
| 7 | | considered an application of a separate Tied Applicant. |
| 8 | | "Tied Applicant Lottery" means the process established |
| 9 | | under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult |
| 10 | | Use Dispensing Organization Licenses pursuant to Sections |
| 11 | | 15-25 and 15-30 among Eligible Tied Applicants. |
| 12 | | "Tincture" means a cannabis-infused solution, typically |
| 13 | | comprised of alcohol, glycerin, or vegetable oils, derived |
| 14 | | either directly from the cannabis plant or from a processed |
| 15 | | cannabis extract. A tincture is not an alcoholic liquor as |
| 16 | | defined in the Liquor Control Act of 1934. A tincture shall |
| 17 | | include a calibrated dropper or other similar device capable |
| 18 | | of accurately measuring servings. |
| 19 | | "Transporting organization" or "transporter" means an |
| 20 | | organization or business that is licensed by the Department of |
| 21 | | Agriculture to transport cannabis or cannabis-infused product |
| 22 | | on behalf of a cannabis business establishment or a community |
| 23 | | college licensed under the Community
College Cannabis |
| 24 | | Vocational Training Pilot Program.
|
| 25 | | "Transporting organization agent" means a principal |
| 26 | | officer, board member, employee, or agent of a transporting |
|
| | HB5501 | - 1750 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | organization. |
| 2 | | "Transporting organization agent identification card" |
| 3 | | means a document issued by the Department of Agriculture that |
| 4 | | identifies a person as a transporting organization agent. |
| 5 | | "Unit of local government" means any county, city, |
| 6 | | village, or incorporated town. |
| 7 | | "Vegetative stage" means the stage of cultivation in which |
| 8 | | a cannabis plant is propagated to produce additional cannabis |
| 9 | | plants or reach a sufficient size for production. This |
| 10 | | includes seedlings, clones, mothers, and other immature |
| 11 | | cannabis plants as follows: |
| 12 | | (1) if the cannabis plant is in an area that has not |
| 13 | | been intentionally deprived of light for a period of time |
| 14 | | intended to produce flower buds and induce maturation, it |
| 15 | | has no more than 2 stigmas visible at each internode of the |
| 16 | | cannabis plant; or |
| 17 | | (2) any cannabis plant that is cultivated solely for |
| 18 | | the purpose of propagating clones and is never used to |
| 19 | | produce cannabis.
|
| 20 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 21 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised |
| 22 | | 10-13-21.)
|
| 23 | | (410 ILCS 705/15-25)
|
| 24 | | Sec. 15-25. Awarding of Conditional Adult Use Dispensing |
| 25 | | Organization Licenses prior to January 1, 2021. |
|
| | HB5501 | - 1752 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (16) East Central Illinois nonmetropolitan: 2 |
| 2 | | (17) South Illinois nonmetropolitan: 2 |
| 3 | | (d) An applicant seeking issuance of a Conditional Adult |
| 4 | | Use Dispensing Organization License shall submit an |
| 5 | | application on forms provided by the Department. An applicant |
| 6 | | must meet the following requirements: |
| 7 | | (1) Payment of a nonrefundable application fee of |
| 8 | | $5,000 for each license for which the applicant is |
| 9 | | applying, which shall be deposited into the Cannabis |
| 10 | | Regulation Fund; |
| 11 | | (2) Certification that the applicant will comply with |
| 12 | | the requirements contained in this Act; |
| 13 | | (3) The legal name of the proposed dispensing |
| 14 | | organization; |
| 15 | | (4) A statement that the dispensing organization |
| 16 | | agrees to respond to the Department's supplemental |
| 17 | | requests for information; |
| 18 | | (5) From each principal officer, a statement |
| 19 | | indicating whether that person: |
| 20 | | (A) has previously held or currently holds an |
| 21 | | ownership interest in a cannabis business |
| 22 | | establishment in Illinois; or |
| 23 | | (B) has held an ownership interest in a dispensing |
| 24 | | organization or its equivalent in another state or |
| 25 | | territory of the United States that had the dispensing |
| 26 | | organization registration or license suspended, |
|
| | HB5501 | - 1753 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | revoked, placed on probationary status, or subjected |
| 2 | | to other disciplinary action; |
| 3 | | (6) Disclosure of whether any principal officer has |
| 4 | | ever filed for bankruptcy or defaulted on spousal support |
| 5 | | or child support obligation; |
| 6 | | (7) A resume for each principal officer, including |
| 7 | | whether that person has an academic degree, certification, |
| 8 | | or relevant experience with a cannabis business |
| 9 | | establishment or in a related industry; |
| 10 | | (8) A description of the training and education that |
| 11 | | will be provided to dispensing organization agents; |
| 12 | | (9) A copy of the proposed operating bylaws; |
| 13 | | (10) A copy of the proposed business plan that |
| 14 | | complies with the requirements in this Act, including, at |
| 15 | | a minimum, the following: |
| 16 | | (A) A description of services to be offered; and |
| 17 | | (B) A description of the process of dispensing |
| 18 | | cannabis; |
| 19 | | (11) A copy of the proposed security plan that |
| 20 | | complies with the requirements in this Article, including: |
| 21 | | (A) The process or controls that will be |
| 22 | | implemented to monitor the dispensary, secure the |
| 23 | | premises, agents, and currency, and prevent the |
| 24 | | diversion, theft, or loss of cannabis; and |
| 25 | | (B) The process to ensure that access to the |
| 26 | | restricted access areas is restricted to, registered |
|
| | HB5501 | - 1754 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | agents, service professionals, transporting |
| 2 | | organization agents, Department inspectors, and |
| 3 | | security personnel; |
| 4 | | (12) A proposed inventory control plan that complies |
| 5 | | with this Section; |
| 6 | | (13) A proposed floor plan, a square footage estimate, |
| 7 | | and a description of proposed security devices, including, |
| 8 | | without limitation, cameras, motion detectors, servers, |
| 9 | | video storage capabilities, and alarm service providers; |
| 10 | | (14) The name, address, social security number, and |
| 11 | | date of birth of each principal officer and board member |
| 12 | | of the dispensing organization; each of those individuals |
| 13 | | shall be at least 21 years of age; |
| 14 | | (15) Evidence of the applicant's status as a Social |
| 15 | | Equity Applicant, if applicable, and whether a Social |
| 16 | | Equity Applicant plans to apply for a loan or grant issued |
| 17 | | by the Department of Commerce and Economic Opportunity; |
| 18 | | (16) The address, telephone number, and email address |
| 19 | | of the applicant's principal place of business, if |
| 20 | | applicable. A post office box is not permitted; |
| 21 | | (17) Written summaries of any information regarding |
| 22 | | instances in which a business or not-for-profit that a |
| 23 | | prospective board member previously managed or served on |
| 24 | | were fined or censured, or any instances in which a |
| 25 | | business or not-for-profit that a prospective board member |
| 26 | | previously managed or served on had its registration |
|
| | HB5501 | - 1756 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | least 2,500 words that establishes a goal of diversity in |
| 2 | | ownership, management, employment, and contracting to |
| 3 | | ensure that diverse participants and groups are afforded |
| 4 | | equality of opportunity; |
| 5 | | (29) A contract with a private security contractor |
| 6 | | agency that is licensed under Section 10-5 of the Private |
| 7 | | Detective, Private Alarm, Private Security, Fingerprint |
| 8 | | Vendor, and Locksmith Act of 2004 in order for the |
| 9 | | dispensary to have adequate security at its facility; and |
| 10 | | (30) Other information deemed necessary by the |
| 11 | | Illinois Cannabis Regulation Oversight Officer to conduct |
| 12 | | the disparity and availability study referenced in |
| 13 | | subsection (e) of Section 5-45. |
| 14 | | (e) An applicant who receives a Conditional Adult Use |
| 15 | | Dispensing Organization License under this Section has 180 |
| 16 | | days from the date of award to identify a physical location for |
| 17 | | the dispensing organization retail storefront. The applicant |
| 18 | | shall provide evidence that the location is not within 1,500 |
| 19 | | feet of an existing dispensing organization, unless the |
| 20 | | applicant is a Social Equity Applicant or Social Equity |
| 21 | | Justice Involved Applicant located or seeking to locate within |
| 22 | | 1,500 feet of a dispensing organization licensed under Section |
| 23 | | 15-15 or Section 15-20. If an applicant is unable to find a |
| 24 | | suitable physical address in the opinion of the Department |
| 25 | | within 180 days of the issuance of the Conditional Adult Use |
| 26 | | Dispensing Organization License, the Department may extend the |
|
| | HB5501 | - 1757 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | period for finding a physical address another 180 days if the |
| 2 | | Conditional Adult Use Dispensing Organization License holder |
| 3 | | demonstrates concrete attempts to secure a location and a |
| 4 | | hardship. If the Department denies the extension or the |
| 5 | | Conditional Adult Use Dispensing Organization License holder |
| 6 | | is unable to find a location or become operational within 360 |
| 7 | | days of being awarded a conditional license, the Department |
| 8 | | shall rescind the conditional license and award it to the next |
| 9 | | highest scoring applicant in the BLS Region for which the |
| 10 | | license was assigned, provided the applicant receiving the |
| 11 | | license: (i) confirms a continued interest in operating a |
| 12 | | dispensing organization; (ii) can provide evidence that the |
| 13 | | applicant continues to meet all requirements for holding a |
| 14 | | Conditional Adult Use Dispensing Organization License set |
| 15 | | forth in this Act; and (iii) has not otherwise become |
| 16 | | ineligible to be awarded a dispensing organization license. If |
| 17 | | the new awardee is unable to accept the Conditional Adult Use |
| 18 | | Dispensing Organization License, the Department shall award |
| 19 | | the Conditional Adult Use Dispensing Organization License to |
| 20 | | the next highest scoring applicant in the same manner. The new |
| 21 | | awardee shall be subject to the same required deadlines as |
| 22 | | provided in this subsection. |
| 23 | | (e-5) If, within 180 days of being awarded a Conditional |
| 24 | | Adult Use Dispensing Organization License, a dispensing |
| 25 | | organization is unable to find a location within the BLS |
| 26 | | Region in which it was awarded a Conditional Adult Use |
|
| | HB5501 | - 1758 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Dispensing Organization License because no jurisdiction within |
| 2 | | the BLS Region allows for the operation of an Adult Use |
| 3 | | Dispensing Organization, the Department of Financial and |
| 4 | | Professional Regulation may authorize the Conditional Adult |
| 5 | | Use Dispensing Organization License holder to transfer its |
| 6 | | license to a BLS Region specified by the Department. |
| 7 | | (f) A dispensing organization that is awarded a |
| 8 | | Conditional Adult Use Dispensing Organization License pursuant |
| 9 | | to the criteria in Section 15-30 shall not purchase, possess, |
| 10 | | sell, or dispense cannabis or cannabis-infused products until |
| 11 | | the person has received an Adult Use Dispensing Organization |
| 12 | | License issued by the Department pursuant to Section 15-36 of |
| 13 | | this Act. |
| 14 | | (g) The Department shall conduct a background check of the |
| 15 | | prospective organization agents in order to carry out this |
| 16 | | Article. The Illinois State Police shall charge the applicant |
| 17 | | a fee for conducting the criminal history record check, which |
| 18 | | shall be deposited into the State Police Services Fund and |
| 19 | | shall not exceed the actual cost of the record check. Each |
| 20 | | person applying as a dispensing organization agent shall |
| 21 | | submit a full set of fingerprints to the Illinois State Police |
| 22 | | for the purpose of obtaining a State and federal criminal |
| 23 | | records check. These fingerprints shall be checked against the |
| 24 | | fingerprint records now and hereafter, to the extent allowed |
| 25 | | by law, filed in the Illinois State Police and Federal Bureau |
| 26 | | of Identification criminal history records databases. The |
|
| | HB5501 | - 1759 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois State Police shall furnish, following positive |
| 2 | | identification, all Illinois conviction information to the |
| 3 | | Department.
|
| 4 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 5 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised |
| 6 | | 10-13-21.)
|
| 7 | | (410 ILCS 705/15-30)
|
| 8 | | Sec. 15-30. Selection criteria for conditional licenses |
| 9 | | awarded under Section 15-25. |
| 10 | | (a) Applicants for a Conditional Adult Use Dispensing |
| 11 | | Organization License must submit all required information, |
| 12 | | including the information required in Section 15-25, to the |
| 13 | | Department. Failure by an applicant to submit all required |
| 14 | | information may result in the application being disqualified. |
| 15 | | (b) If the Department receives an application that fails |
| 16 | | to provide the required elements contained in this Section, |
| 17 | | the Department shall issue a deficiency notice to the |
| 18 | | applicant. The applicant shall have 10 calendar days from the |
| 19 | | date of the deficiency notice to resubmit the incomplete |
| 20 | | information. Applications that are still incomplete after this |
| 21 | | opportunity to cure will not be scored and will be |
| 22 | | disqualified. |
| 23 | | (c) The Department will award up to 250 points to complete |
| 24 | | applications based on the sufficiency of the applicant's |
| 25 | | responses to required information. Applicants will be awarded |
|
| | HB5501 | - 1760 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | points based on a determination that the application |
| 2 | | satisfactorily includes the following elements: |
| 3 | | (1) Suitability of Employee Training Plan (15 points). |
| 4 | | The plan includes an employee training plan that |
| 5 | | demonstrates that employees will understand the rules and |
| 6 | | laws to be followed by dispensary employees, have |
| 7 | | knowledge of any security measures and operating |
| 8 | | procedures of the dispensary, and are able to advise |
| 9 | | purchasers on how to safely consume cannabis and use |
| 10 | | individual products offered by the dispensary. |
| 11 | | (2) Security and Recordkeeping (65 points). |
| 12 | | (A) The security plan accounts for the prevention |
| 13 | | of the theft or diversion of cannabis. The security |
| 14 | | plan demonstrates safety procedures for dispensing |
| 15 | | organization agents and purchasers, and safe delivery |
| 16 | | and storage of cannabis and currency. It demonstrates |
| 17 | | compliance with all security requirements in this Act |
| 18 | | and rules. |
| 19 | | (B) A plan for recordkeeping, tracking, and |
| 20 | | monitoring inventory, quality control, and other |
| 21 | | policies and procedures that will promote standard |
| 22 | | recordkeeping and discourage unlawful activity. This |
| 23 | | plan includes the applicant's strategy to communicate |
| 24 | | with the Department and the Illinois State Police on |
| 25 | | the destruction and disposal of cannabis. The plan |
| 26 | | must also demonstrate compliance with this Act and |
|
| | HB5501 | - 1761 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rules. |
| 2 | | (C) The security plan shall also detail which |
| 3 | | private security contractor licensed under Section |
| 4 | | 10-5 of the Private Detective, Private Alarm, Private |
| 5 | | Security, Fingerprint Vendor, and Locksmith Act of |
| 6 | | 2004 the dispensary will contract with in order to |
| 7 | | provide adequate security at its facility. |
| 8 | | (3) Applicant's Business Plan, Financials, Operating |
| 9 | | and Floor Plan (65 points). |
| 10 | | (A) The business plan shall describe, at a |
| 11 | | minimum, how the dispensing organization will be |
| 12 | | managed on a long-term basis. This shall include a |
| 13 | | description of the dispensing organization's |
| 14 | | point-of-sale system, purchases and denials of sale, |
| 15 | | confidentiality, and products and services to be |
| 16 | | offered. It will demonstrate compliance with this Act |
| 17 | | and rules. |
| 18 | | (B) The operating plan shall include, at a |
| 19 | | minimum, best practices for day-to-day dispensary |
| 20 | | operation and staffing. The operating plan may also |
| 21 | | include information about employment practices, |
| 22 | | including information about the percentage of |
| 23 | | full-time employees who will be provided a living |
| 24 | | wage. |
| 25 | | (C) The proposed floor plan is suitable for public |
| 26 | | access, the layout promotes safe dispensing of |
|
| | HB5501 | - 1762 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | cannabis, is compliant with the Americans with |
| 2 | | Disabilities Act and the Environmental Barriers Act, |
| 3 | | and facilitates safe product handling and storage. |
| 4 | | (4) Knowledge and Experience (30 points). |
| 5 | | (A) The applicant's principal officers must |
| 6 | | demonstrate experience and qualifications in business |
| 7 | | management or experience with the cannabis industry. |
| 8 | | This includes ensuring optimal safety and accuracy in |
| 9 | | the dispensing and sale of cannabis. |
| 10 | | (B) The applicant's principal officers must |
| 11 | | demonstrate knowledge of various cannabis product |
| 12 | | strains or varieties and describe the types and |
| 13 | | quantities of products planned to be sold. This |
| 14 | | includes confirmation of whether the dispensing |
| 15 | | organization plans to sell cannabis paraphernalia or |
| 16 | | edibles. |
| 17 | | (C) Knowledge and experience may be demonstrated |
| 18 | | through experience in other comparable industries that |
| 19 | | reflect on the applicant's ability to operate a |
| 20 | | cannabis business establishment. |
| 21 | | (5) Status as a Social Equity Applicant (50 points). |
| 22 | | The applicant meets the qualifications for a Social Equity |
| 23 | | Applicant as set forth in this Act. |
| 24 | | (6) Labor and employment practices (5 points). : The |
| 25 | | applicant may describe plans to provide a safe, healthy, |
| 26 | | and economically beneficial working environment for its |
|
| | HB5501 | - 1763 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | agents, including, but not limited to, codes of conduct, |
| 2 | | health care benefits, educational benefits, retirement |
| 3 | | benefits, living wage standards, and entering a labor |
| 4 | | peace agreement with employees. |
| 5 | | (7) Environmental Plan (5 points). : The applicant may |
| 6 | | demonstrate an environmental plan of action to minimize |
| 7 | | the carbon footprint, environmental impact, and resource |
| 8 | | needs for the dispensary, which may include, without |
| 9 | | limitation, recycling cannabis product packaging. |
| 10 | | (8) Illinois owner (5 points). : The applicant is 51% |
| 11 | | or more owned and controlled by an Illinois resident, who |
| 12 | | can prove residency in each of the past 5 years with tax |
| 13 | | records or 2 of the following: |
| 14 | | (A) a signed lease agreement that includes the |
| 15 | | applicant's name; |
| 16 | | (B) a property deed that includes the applicant's |
| 17 | | name; |
| 18 | | (C) school records; |
| 19 | | (D) a voter registration card; |
| 20 | | (E) an Illinois driver's license, an Illinois |
| 21 | | Identification Card, or an Illinois Person with a |
| 22 | | Disability Identification Card; |
| 23 | | (F) a paycheck stub; |
| 24 | | (G) a utility bill; or |
| 25 | | (H) any other proof of residency or other |
| 26 | | information necessary to establish residence as |
|
| | HB5501 | - 1764 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provided by rule. |
| 2 | | (9) Status as veteran (5 points). : The applicant is |
| 3 | | 51% or more controlled and owned by an individual or |
| 4 | | individuals who meet the qualifications of a veteran as |
| 5 | | defined by Section 45-57 of the Illinois Procurement Code. |
| 6 | | (10) A diversity plan (5 points). The plan : that |
| 7 | | includes a narrative of not more than 2,500 words that |
| 8 | | establishes a goal of diversity in ownership, management, |
| 9 | | employment, and contracting to ensure that diverse |
| 10 | | participants and groups are afforded equality of |
| 11 | | opportunity. |
| 12 | | (d) The Department may also award up to 2 bonus points for |
| 13 | | a plan to engage with the community. The applicant may |
| 14 | | demonstrate a desire to engage with its community by |
| 15 | | participating in one or more of, but not limited to, the |
| 16 | | following actions: (i) establishment of an incubator program |
| 17 | | designed to increase participation in the cannabis industry by |
| 18 | | persons who would qualify as Social Equity Applicants; (ii) |
| 19 | | providing financial assistance to substance abuse treatment |
| 20 | | centers; (iii) educating children and teens about the |
| 21 | | potential harms of cannabis use; or (iv) other measures |
| 22 | | demonstrating a commitment to the applicant's community. Bonus |
| 23 | | points will only be awarded if the Department receives |
| 24 | | applications that receive an equal score for a particular |
| 25 | | region. |
| 26 | | (e) The Department may verify information contained in |
|
| | HB5501 | - 1765 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | each application and accompanying documentation to assess the |
| 2 | | applicant's veracity and fitness to operate a dispensing |
| 3 | | organization. |
| 4 | | (f) The Department may, in its discretion, refuse to issue |
| 5 | | an authorization to any applicant: |
| 6 | | (1) Who is unqualified to perform the duties required |
| 7 | | of the applicant; |
| 8 | | (2) Who fails to disclose or states falsely any |
| 9 | | information called for in the application; |
| 10 | | (3) Who has been found guilty of a violation of this |
| 11 | | Act, who has had any disciplinary order entered against it |
| 12 | | by the Department, who has entered into a disciplinary or |
| 13 | | nondisciplinary agreement with the Department, or whose |
| 14 | | medical cannabis dispensing organization, medical cannabis |
| 15 | | cultivation organization, or Early Approval Adult Use |
| 16 | | Dispensing Organization License, or Early Approval Adult |
| 17 | | Use Dispensing Organization License at a secondary site, |
| 18 | | or Early Approval Cultivation Center License was |
| 19 | | suspended, restricted, revoked, or denied for just cause, |
| 20 | | or the applicant's cannabis business establishment license |
| 21 | | was suspended, restricted, revoked, or denied in any other |
| 22 | | state; or |
| 23 | | (4) Who has engaged in a pattern or practice of unfair |
| 24 | | or illegal practices, methods, or activities in the |
| 25 | | conduct of owning a cannabis business establishment or |
| 26 | | other business. |
|
| | HB5501 | - 1766 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (g) The Department shall deny the license if any principal |
| 2 | | officer, board member, or person having a financial or voting |
| 3 | | interest of 5% or greater in the licensee is delinquent in |
| 4 | | filing any required tax returns or paying any amounts owed to |
| 5 | | the State of Illinois. |
| 6 | | (h) The Department shall verify an applicant's compliance |
| 7 | | with the requirements of this Article and rules before issuing |
| 8 | | a dispensing organization license. |
| 9 | | (i) Should the applicant be awarded a license, the |
| 10 | | information and plans provided in the application, including |
| 11 | | any plans submitted for bonus points, shall become a condition |
| 12 | | of the Conditional Adult Use Dispensing Organization Licenses |
| 13 | | and any Adult Use Dispensing Organization License issued to |
| 14 | | the holder of the Conditional Adult Use Dispensing |
| 15 | | Organization License, except as otherwise provided by this Act |
| 16 | | or rule. Dispensing organizations have a duty to disclose any |
| 17 | | material changes to the application. The Department shall |
| 18 | | review all material changes disclosed by the dispensing |
| 19 | | organization, and may re-evaluate its prior decision regarding |
| 20 | | the awarding of a license, including, but not limited to, |
| 21 | | suspending or permanently revoking a license. Failure to |
| 22 | | comply with the conditions or requirements in the application |
| 23 | | may subject the dispensing organization to discipline, up to |
| 24 | | and including suspension or permanent revocation of its |
| 25 | | authorization or license by the Department. |
| 26 | | (j) If an applicant has not begun operating as a |
|
| | HB5501 | - 1767 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | dispensing organization within one year of the issuance of the |
| 2 | | Conditional Adult Use Dispensing Organization License, the |
| 3 | | Department may permanently revoke the Conditional Adult Use |
| 4 | | Dispensing Organization License and award it to the next |
| 5 | | highest scoring applicant in the BLS Region if a suitable |
| 6 | | applicant indicates a continued interest in the license or |
| 7 | | begin a new selection process to award a Conditional Adult Use |
| 8 | | Dispensing Organization License. |
| 9 | | (k) The Department shall deny an application if granting |
| 10 | | that application would result in a single person or entity |
| 11 | | having a direct or indirect financial interest in more than 10 |
| 12 | | Early Approval Adult Use Dispensing Organization Licenses, |
| 13 | | Conditional Adult Use Dispensing Organization Licenses, or |
| 14 | | Adult Use Dispensing Organization Licenses. Any entity that is |
| 15 | | awarded a license that results in a single person or entity |
| 16 | | having a direct or indirect financial interest in more than 10 |
| 17 | | licenses shall forfeit the most recently issued license and |
| 18 | | suffer a penalty to be determined by the Department, unless |
| 19 | | the entity declines the license at the time it is awarded.
|
| 20 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 21 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised |
| 22 | | 10-13-21.)
|
| 23 | | (410 ILCS 705/15-40)
|
| 24 | | Sec. 15-40. Dispensing organization agent identification |
| 25 | | card; agent training. |
|
| | HB5501 | - 1769 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) the date of issuance and expiration date of the |
| 2 | | dispensing organization agent identification cards; |
| 3 | | (3) a random 10-digit alphanumeric identification |
| 4 | | number containing at least 4 numbers and at least 4 |
| 5 | | letters that is unique to the cardholder; and |
| 6 | | (4) a photograph of the cardholder. |
| 7 | | (d) The dispensing organization agent identification cards |
| 8 | | shall be immediately returned to the dispensing organization |
| 9 | | upon termination of employment. |
| 10 | | (e) The Department shall not issue an agent identification |
| 11 | | card if the applicant is delinquent in filing any required tax |
| 12 | | returns or paying any amounts owed to the State of Illinois. |
| 13 | | (f) Any card lost by a dispensing organization agent shall |
| 14 | | be reported to the Illinois State Police and the Department |
| 15 | | immediately upon discovery of the loss. |
| 16 | | (g) An applicant shall be denied a dispensing organization |
| 17 | | agent identification card renewal if he or she fails to |
| 18 | | complete the training provided for in this Section. |
| 19 | | (h) A dispensing organization agent shall only be required |
| 20 | | to hold one card for the same employer regardless of what type |
| 21 | | of dispensing organization license the employer holds. |
| 22 | | (i) Cannabis retail sales training requirements. |
| 23 | | (1) Within 90 days of September 1, 2019, or 90 days of |
| 24 | | employment, whichever is later, all owners, managers, |
| 25 | | employees, and agents involved in the handling or sale of |
| 26 | | cannabis or cannabis-infused product employed by an adult |
|
| | HB5501 | - 1770 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | use dispensing organization or medical cannabis dispensing |
| 2 | | organization as defined in Section 10 of the Compassionate |
| 3 | | Use of Medical Cannabis Program Act shall attend and |
| 4 | | successfully complete a Responsible Vendor Program. |
| 5 | | (2) Each owner, manager, employee, and agent of an |
| 6 | | adult use dispensing organization or medical cannabis |
| 7 | | dispensing organization shall successfully complete the |
| 8 | | program annually. |
| 9 | | (3) Responsible Vendor Program Training modules shall |
| 10 | | include at least 2 hours of instruction time approved by |
| 11 | | the Department including: |
| 12 | | (i) Health and safety concerns of cannabis use, |
| 13 | | including the responsible use of cannabis, its |
| 14 | | physical effects, onset of physiological effects, |
| 15 | | recognizing signs of impairment, and appropriate |
| 16 | | responses in the event of overconsumption. |
| 17 | | (ii) Training on laws and regulations on driving |
| 18 | | while under the influence and operating a watercraft |
| 19 | | or snowmobile while under the influence. |
| 20 | | (iii) Sales to minors prohibition. Training shall |
| 21 | | cover all relevant Illinois laws and rules. |
| 22 | | (iv) Quantity limitations on sales to purchasers. |
| 23 | | Training shall cover all relevant Illinois laws and |
| 24 | | rules. |
| 25 | | (v) Acceptable forms of identification. Training |
| 26 | | shall include: |
|
| | HB5501 | - 1772 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (m) The regulation of dispensing organization and medical |
| 2 | | cannabis dispensing employer and employee training is an |
| 3 | | exclusive function of the State, and regulation by a unit of |
| 4 | | local government, including a home rule unit, is prohibited. |
| 5 | | This subsection (m) is a denial and limitation of home rule |
| 6 | | powers and functions under subsection (h) of Section 6 of |
| 7 | | Article VII of the Illinois Constitution. |
| 8 | | (n) Persons seeking Department approval to offer the |
| 9 | | training required by paragraph (3) of subsection (i) may apply |
| 10 | | for such approval between August 1 and August 15 of each |
| 11 | | odd-numbered year in a manner prescribed by the Department. |
| 12 | | (o) Persons seeking Department approval to offer the |
| 13 | | training required by paragraph (3) of subsection (i) shall |
| 14 | | submit a nonrefundable application fee of $2,000 to be |
| 15 | | deposited into the Cannabis Regulation Fund or a fee as may be |
| 16 | | set by rule. Any changes made to the training module shall be |
| 17 | | approved by the Department.
|
| 18 | | (p) The Department shall not unreasonably deny approval of |
| 19 | | a training module that meets all the requirements of paragraph |
| 20 | | (3) of subsection (i). A denial of approval shall include a |
| 21 | | detailed description of the reasons for the denial. |
| 22 | | (q) Any person approved to provide the training required |
| 23 | | by paragraph (3) of subsection (i) shall submit an application |
| 24 | | for re-approval between August 1 and August 15 of each |
| 25 | | odd-numbered year and include a nonrefundable application fee |
| 26 | | of $2,000 to be deposited into the Cannabis Regulation Fund or |
|
| | HB5501 | - 1773 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a fee as may be set by rule.
|
| 2 | | (r) All persons applying to become or renewing their |
| 3 | | registrations to be agents, including agents-in-charge and |
| 4 | | principal officers, shall disclose any disciplinary action |
| 5 | | taken against them that may have occurred in Illinois, another |
| 6 | | state, or another country in relation to their employment at a |
| 7 | | cannabis business establishment or at any cannabis cultivation |
| 8 | | center, processor, infuser, dispensary, or other cannabis |
| 9 | | business establishment. |
| 10 | | (s) An agent applicant may begin employment at a |
| 11 | | dispensing organization while the agent applicant's |
| 12 | | identification card application is pending. Upon approval, the |
| 13 | | Department shall issue the agent's identification card to the |
| 14 | | agent. If denied, the dispensing organization and the agent |
| 15 | | applicant shall be notified and the agent applicant must cease |
| 16 | | all activity at the dispensing organization immediately. |
| 17 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 18 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised |
| 19 | | 10-12-21.)
|
| 20 | | (410 ILCS 705/15-135)
|
| 21 | | Sec. 15-135. Investigations. |
| 22 | | (a) Dispensing organizations are subject to random and |
| 23 | | unannounced dispensary inspections and cannabis testing by the |
| 24 | | Department, the Illinois State Police, local law enforcement, |
| 25 | | or as provided by rule. |
|
| | HB5501 | - 1774 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b) The Department and its authorized representatives may |
| 2 | | enter any place, including a vehicle, in which cannabis is |
| 3 | | held, stored, dispensed, sold, produced, delivered, |
| 4 | | transported, manufactured, or disposed of and inspect, in a |
| 5 | | reasonable manner, the place and all pertinent equipment, |
| 6 | | containers and labeling, and all things including records, |
| 7 | | files, financial data, sales data, shipping data, pricing |
| 8 | | data, personnel data, research, papers, processes, controls, |
| 9 | | and facility, and inventory any stock of cannabis and obtain |
| 10 | | samples of any cannabis or cannabis-infused product, any |
| 11 | | labels or containers for cannabis, or paraphernalia. |
| 12 | | (c) The Department may conduct an investigation of an |
| 13 | | applicant, application, dispensing organization, principal |
| 14 | | officer, dispensary agent, third party vendor, or any other |
| 15 | | party associated with a dispensing organization for an alleged |
| 16 | | violation of this Act or rules or to determine qualifications |
| 17 | | to be granted a registration by the Department. |
| 18 | | (d) The Department may require an applicant or holder of |
| 19 | | any license issued pursuant to this Article to produce |
| 20 | | documents, records, or any other material pertinent to the |
| 21 | | investigation of an application or alleged violations of this |
| 22 | | Act or rules. Failure to provide the required material may be |
| 23 | | grounds for denial or discipline. |
| 24 | | (e) Every person charged with preparation, obtaining, or |
| 25 | | keeping records, logs, reports, or other documents in |
| 26 | | connection with this Act and rules and every person in charge, |
|
| | HB5501 | - 1775 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or having custody, of those documents shall, upon request by |
| 2 | | the Department, make the documents immediately available for |
| 3 | | inspection and copying by the Department, the Department's |
| 4 | | authorized representative, or others authorized by law to |
| 5 | | review the documents.
|
| 6 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; |
| 7 | | 102-538, eff. 8-20-21; revised 10-12-21.)
|
| 8 | | (410 ILCS 705/20-30)
|
| 9 | | Sec. 20-30. Cultivation center requirements; prohibitions. |
| 10 | | (a) The operating documents of a cultivation center shall |
| 11 | | include procedures for the oversight of the cultivation |
| 12 | | center, a cannabis plant monitoring system including a |
| 13 | | physical inventory recorded weekly, accurate recordkeeping, |
| 14 | | and a staffing plan. |
| 15 | | (b) A cultivation center shall implement a security plan |
| 16 | | reviewed by the Illinois State Police that includes, but is |
| 17 | | not limited to: facility access controls, perimeter intrusion |
| 18 | | detection systems, personnel identification systems, 24-hour |
| 19 | | surveillance system to monitor the interior and exterior of |
| 20 | | the cultivation center facility and accessibility to |
| 21 | | authorized law enforcement, the Department of Public Health |
| 22 | | where processing takes place, and the Department of |
| 23 | | Agriculture in real time. |
| 24 | | (c) All cultivation of cannabis by a cultivation center |
| 25 | | must take place in an enclosed, locked facility at the |
|
| | HB5501 | - 1776 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | physical address provided to the Department of Agriculture |
| 2 | | during the licensing process. The cultivation center location |
| 3 | | shall only be accessed by the agents working for the |
| 4 | | cultivation center, the Department of Agriculture staff |
| 5 | | performing inspections, the Department of Public Health staff |
| 6 | | performing inspections, local and State law enforcement or |
| 7 | | other emergency personnel, contractors working on jobs |
| 8 | | unrelated to cannabis, such as installing or maintaining |
| 9 | | security devices or performing electrical wiring, transporting |
| 10 | | organization agents as provided in this Act, individuals in a |
| 11 | | mentoring or educational program approved by the State, or |
| 12 | | other individuals as provided by rule. |
| 13 | | (d) A cultivation center may not sell or distribute any |
| 14 | | cannabis or cannabis-infused products to any person other than |
| 15 | | a dispensing organization, craft grower, infuser organization, |
| 16 | | transporter, or as otherwise authorized by rule. |
| 17 | | (e) A cultivation center may not either directly or |
| 18 | | indirectly discriminate in price between different dispensing |
| 19 | | organizations, craft growers, or infuser organizations that |
| 20 | | are purchasing a like grade, strain, brand, and quality of |
| 21 | | cannabis or cannabis-infused product. Nothing in this |
| 22 | | subsection (e) prevents a cultivation center from pricing |
| 23 | | cannabis differently based on differences in the cost of |
| 24 | | manufacturing or processing, the quantities sold, such as |
| 25 | | volume discounts, or the way the products are delivered. |
| 26 | | (f) All cannabis harvested by a cultivation center and |
|
| | HB5501 | - 1777 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | intended for distribution to a dispensing organization must be |
| 2 | | entered into a data collection system, packaged and labeled |
| 3 | | under Section 55-21, and placed into a cannabis container for |
| 4 | | transport. All cannabis harvested by a cultivation center and |
| 5 | | intended for distribution to a craft grower or infuser |
| 6 | | organization must be packaged in a labeled cannabis container |
| 7 | | and entered into a data collection system before transport. |
| 8 | | (g) Cultivation centers are subject to random inspections |
| 9 | | by the Department of Agriculture, the Department of Public |
| 10 | | Health, local safety or health inspectors, the Illinois State |
| 11 | | Police, or as provided by rule. |
| 12 | | (h) A cultivation center agent shall notify local law |
| 13 | | enforcement, the Illinois State Police, and the Department of |
| 14 | | Agriculture within 24 hours of the discovery of any loss or |
| 15 | | theft. Notification shall be made by phone or in person, or by |
| 16 | | written or electronic communication. |
| 17 | | (i) A cultivation center shall comply with all State and |
| 18 | | any applicable federal rules and regulations regarding the use |
| 19 | | of pesticides on cannabis plants. |
| 20 | | (j) No person or entity shall hold any legal, equitable, |
| 21 | | ownership, or beneficial interest, directly or indirectly, of |
| 22 | | more than 3 cultivation centers licensed under this Article. |
| 23 | | Further, no person or entity that is employed by, an agent of, |
| 24 | | has a contract to receive payment in any form from a |
| 25 | | cultivation center, is a principal officer of a cultivation |
| 26 | | center, or entity controlled by or affiliated with a principal |
|
| | HB5501 | - 1778 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | officer of a cultivation shall hold any legal, equitable, |
| 2 | | ownership, or beneficial interest, directly or indirectly, in |
| 3 | | a cultivation that would result in the person or entity owning |
| 4 | | or controlling in combination with any cultivation center, |
| 5 | | principal officer of a cultivation center, or entity |
| 6 | | controlled or affiliated with a principal officer of a |
| 7 | | cultivation center by which he, she, or it is employed, is an |
| 8 | | agent of, or participates in the management of, more than 3 |
| 9 | | cultivation center licenses. |
| 10 | | (k) A cultivation center may not contain more than 210,000 |
| 11 | | square feet of canopy space for plants in the flowering stage |
| 12 | | for cultivation of adult use cannabis as provided in this Act. |
| 13 | | (l) A cultivation center may process cannabis, cannabis |
| 14 | | concentrates, and cannabis-infused products. |
| 15 | | (m) Beginning July 1, 2020, a cultivation center shall not |
| 16 | | transport cannabis or cannabis-infused products to a craft |
| 17 | | grower, dispensing organization, infuser organization, or |
| 18 | | laboratory licensed under this Act, unless it has obtained a |
| 19 | | transporting organization license. |
| 20 | | (n) It is unlawful for any person having a cultivation |
| 21 | | center license or any officer, associate, member, |
| 22 | | representative, or agent of such licensee to offer or deliver |
| 23 | | money, or anything else of value, directly or indirectly to |
| 24 | | any person having an Early Approval Adult Use Dispensing |
| 25 | | Organization License, a Conditional Adult Use Dispensing |
| 26 | | Organization License, an Adult Use Dispensing Organization |
|
| | HB5501 | - 1779 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | License, or a medical cannabis dispensing organization license |
| 2 | | issued under the Compassionate Use of Medical Cannabis Program |
| 3 | | Act, or to any person connected with or in any way |
| 4 | | representing, or to any member of the family of, such person |
| 5 | | holding an Early Approval Adult Use Dispensing Organization |
| 6 | | License, a Conditional Adult Use Dispensing Organization |
| 7 | | License, an Adult Use Dispensing Organization License, or a |
| 8 | | medical cannabis dispensing organization license issued under |
| 9 | | the Compassionate Use of Medical Cannabis Program Act, or to |
| 10 | | any stockholders in any corporation engaged in the retail sale |
| 11 | | of cannabis, or to any officer, manager, agent, or |
| 12 | | representative of the Early Approval Adult Use Dispensing |
| 13 | | Organization License, a Conditional Adult Use Dispensing |
| 14 | | Organization License, an Adult Use Dispensing Organization |
| 15 | | License, or a medical cannabis dispensing organization license |
| 16 | | issued under the Compassionate Use of Medical Cannabis Program |
| 17 | | Act to obtain preferential placement within the dispensing |
| 18 | | organization, including, without limitation, on shelves and in |
| 19 | | display cases where purchasers can view products, or on the |
| 20 | | dispensing organization's website. |
| 21 | | (o) A cultivation center must comply with any other |
| 22 | | requirements or prohibitions set by administrative rule of the |
| 23 | | Department of Agriculture.
|
| 24 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 25 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 11-9-21.)
|
|
| | HB5501 | - 1780 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (410 ILCS 705/25-30) |
| 2 | | (Section scheduled to be repealed on July 1, 2026)
|
| 3 | | Sec. 25-30. Inspection rights. |
| 4 | | (a) A licensee's enclosed, locked facilities are subject |
| 5 | | to random inspections by the Department, the Illinois State |
| 6 | | Police, or as provided by rule. |
| 7 | | (b) Nothing in this Section shall be construed to give the |
| 8 | | Department, the Illinois State Police, or any other entity |
| 9 | | identified by rule under subsection (a) a right of inspection |
| 10 | | or access to any location on the licensee's premises beyond |
| 11 | | the facilities licensed under this Article.
|
| 12 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; |
| 13 | | 102-538, eff. 8-20-21; revised 10-21-21.)
|
| 14 | | (410 ILCS 705/25-35) |
| 15 | | (Section scheduled to be repealed on July 1, 2026)
|
| 16 | | Sec. 25-35. Community College Cannabis Vocational Training |
| 17 | | Pilot Program faculty participant agent identification card. |
| 18 | | (a) The Department shall: |
| 19 | | (1) establish by rule the information required in an |
| 20 | | initial application or renewal application for an agent |
| 21 | | identification card submitted under this Article and the |
| 22 | | nonrefundable fee to accompany the initial application or |
| 23 | | renewal application; |
| 24 | | (2) verify the information contained in an initial |
| 25 | | application or renewal application for an agent |
|
| | HB5501 | - 1781 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | identification card submitted under this Article, and |
| 2 | | approve or deny an application within 30 days of receiving |
| 3 | | a completed initial application or renewal application and |
| 4 | | all supporting documentation required by rule; |
| 5 | | (3) issue an agent identification card to a qualifying |
| 6 | | agent within 15 business days of approving the initial |
| 7 | | application or renewal application; |
| 8 | | (4) enter the license number of the community college |
| 9 | | where the agent works; and |
| 10 | | (5) allow for an electronic initial application and |
| 11 | | renewal application process, and provide a confirmation by |
| 12 | | electronic or other methods that an application has been |
| 13 | | submitted. Each Department may by rule require prospective |
| 14 | | agents to file their applications by electronic means and |
| 15 | | to provide notices to the agents by electronic means. |
| 16 | | (b) An agent must keep his or her identification card |
| 17 | | visible at all times when in the enclosed, locked facility, or |
| 18 | | facilities for which he or she is an agent. |
| 19 | | (c) The agent identification cards shall contain the |
| 20 | | following: |
| 21 | | (1) the name of the cardholder; |
| 22 | | (2) the date of issuance and expiration date of the |
| 23 | | identification card; |
| 24 | | (3) a random 10-digit alphanumeric identification |
| 25 | | number containing at least 4 numbers and at least 4 |
| 26 | | letters that is unique to the holder; |
|
| | HB5501 | - 1782 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (4) a photograph of the cardholder; and |
| 2 | | (5) the legal name of the community college employing |
| 3 | | the agent. |
| 4 | | (d) An agent identification card shall be immediately |
| 5 | | returned to the community college of the agent upon |
| 6 | | termination of his or her employment. |
| 7 | | (e) Any agent identification card lost shall be reported |
| 8 | | to the Illinois State Police and the Department of Agriculture |
| 9 | | immediately upon discovery of the loss. |
| 10 | | (f) An agent applicant may begin employment at a Community |
| 11 | | College Cannabis Vocational Training Pilot Program while the |
| 12 | | agent applicant's identification card application is pending. |
| 13 | | Upon approval, the Department shall issue the agent's |
| 14 | | identification card to the agent. If denied, the Community |
| 15 | | College Cannabis Vocational Training Pilot Program and the |
| 16 | | agent applicant shall be notified and the agent applicant must |
| 17 | | cease all activity at the Community College Cannabis |
| 18 | | Vocational Training Pilot Program immediately.
|
| 19 | | (Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21; |
| 20 | | 102-538, eff. 8-20-21; revised 10-21-21.)
|
| 21 | | (410 ILCS 705/30-30)
|
| 22 | | Sec. 30-30. Craft grower requirements; prohibitions. |
| 23 | | (a) The operating documents of a craft grower shall |
| 24 | | include procedures for the oversight of the craft grower, a |
| 25 | | cannabis plant monitoring system including a physical |
|
| | HB5501 | - 1783 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | inventory recorded weekly, accurate recordkeeping, and a |
| 2 | | staffing plan. |
| 3 | | (b) A craft grower shall implement a security plan |
| 4 | | reviewed by the Illinois State Police that includes, but is |
| 5 | | not limited to: facility access controls, perimeter intrusion |
| 6 | | detection systems, personnel identification systems, and a |
| 7 | | 24-hour surveillance system to monitor the interior and |
| 8 | | exterior of the craft grower facility and that is accessible |
| 9 | | to authorized law enforcement and the Department of |
| 10 | | Agriculture in real time. |
| 11 | | (c) All cultivation of cannabis by a craft grower must |
| 12 | | take place in an enclosed, locked facility at the physical |
| 13 | | address provided to the Department of Agriculture during the |
| 14 | | licensing process. The craft grower location shall only be |
| 15 | | accessed by the agents working for the craft grower, the |
| 16 | | Department of Agriculture staff performing inspections, the |
| 17 | | Department of Public Health staff performing inspections, |
| 18 | | State and local law enforcement or other emergency personnel, |
| 19 | | contractors working on jobs unrelated to cannabis, such as |
| 20 | | installing or maintaining security devices or performing |
| 21 | | electrical wiring, transporting organization agents as |
| 22 | | provided in this Act, or participants in the incubator |
| 23 | | program, individuals in a mentoring or educational program |
| 24 | | approved by the State, or other individuals as provided by |
| 25 | | rule. However, if a craft grower shares a premises with an |
| 26 | | infuser or dispensing organization, agents from those other |
|
| | HB5501 | - 1784 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | licensees may access the craft grower portion of the premises |
| 2 | | if that is the location of common bathrooms, lunchrooms, |
| 3 | | locker rooms, or other areas of the building where work or |
| 4 | | cultivation of cannabis is not performed. At no time may an |
| 5 | | infuser or dispensing organization agent perform work at a |
| 6 | | craft grower without being a registered agent of the craft |
| 7 | | grower. |
| 8 | | (d) A craft grower may not sell or distribute any cannabis |
| 9 | | to any person other than a cultivation center, a craft grower, |
| 10 | | an infuser organization, a dispensing organization, or as |
| 11 | | otherwise authorized by rule. |
| 12 | | (e) A craft grower may not be located in an area zoned for |
| 13 | | residential use. |
| 14 | | (f) A craft grower may not either directly or indirectly |
| 15 | | discriminate in price between different cannabis business |
| 16 | | establishments that are purchasing a like grade, strain, |
| 17 | | brand, and quality of cannabis or cannabis-infused product. |
| 18 | | Nothing in this subsection (f) prevents a craft grower from |
| 19 | | pricing cannabis differently based on differences in the cost |
| 20 | | of manufacturing or processing, the quantities sold, such as |
| 21 | | volume discounts, or the way the products are delivered. |
| 22 | | (g) All cannabis harvested by a craft grower and intended |
| 23 | | for distribution to a dispensing organization must be entered |
| 24 | | into a data collection system, packaged and labeled under |
| 25 | | Section 55-21, and, if distribution is to a dispensing |
| 26 | | organization that does not share a premises with the |
|
| | HB5501 | - 1785 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | dispensing organization receiving the cannabis, placed into a |
| 2 | | cannabis container for transport. All cannabis harvested by a |
| 3 | | craft grower and intended for distribution to a cultivation |
| 4 | | center, to an infuser organization, or to a craft grower with |
| 5 | | which it does not share a premises, must be packaged in a |
| 6 | | labeled cannabis container and entered into a data collection |
| 7 | | system before transport. |
| 8 | | (h) Craft growers are subject to random inspections by the |
| 9 | | Department of Agriculture, local safety or health inspectors, |
| 10 | | the Illinois State Police, or as provided by rule. |
| 11 | | (i) A craft grower agent shall notify local law |
| 12 | | enforcement, the Illinois State Police, and the Department of |
| 13 | | Agriculture within 24 hours of the discovery of any loss or |
| 14 | | theft. Notification shall be made by phone, in person, or |
| 15 | | written or electronic communication. |
| 16 | | (j) A craft grower shall comply with all State and any |
| 17 | | applicable federal rules and regulations regarding the use of |
| 18 | | pesticides. |
| 19 | | (k) A craft grower or craft grower agent shall not |
| 20 | | transport cannabis or cannabis-infused products to any other |
| 21 | | cannabis business establishment without a transport |
| 22 | | organization license unless: |
| 23 | | (i) If the craft grower is located in a county with a |
| 24 | | population of 3,000,000 or more, the cannabis business |
| 25 | | establishment receiving the cannabis is within 2,000 feet |
| 26 | | of the property line of the craft grower; |
|
| | HB5501 | - 1786 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (ii) If the craft grower is located in a county with a |
| 2 | | population of more than 700,000 but fewer than 3,000,000, |
| 3 | | the cannabis business establishment receiving the cannabis |
| 4 | | is within 2 miles of the craft grower; or |
| 5 | | (iii) If the craft grower is located in a county with a |
| 6 | | population of fewer than 700,000, the cannabis business |
| 7 | | establishment receiving the cannabis is within 15 miles of |
| 8 | | the craft grower. |
| 9 | | (l) A craft grower may enter into a contract with a |
| 10 | | transporting organization to transport cannabis to a |
| 11 | | cultivation center, a craft grower, an infuser organization, a |
| 12 | | dispensing organization, or a laboratory. |
| 13 | | (m) No person or entity shall hold any legal, equitable, |
| 14 | | ownership, or beneficial interest, directly or indirectly, of |
| 15 | | more than 3 craft grower licenses. Further, no person or |
| 16 | | entity that is employed by, an agent of, or has a contract to |
| 17 | | receive payment from or participate in the management of a |
| 18 | | craft grower, is a principal officer of a craft grower, or |
| 19 | | entity controlled by or affiliated with a principal officer of |
| 20 | | a craft grower shall hold any legal, equitable, ownership, or |
| 21 | | beneficial interest, directly or indirectly, in a craft grower |
| 22 | | license that would result in the person or entity owning or |
| 23 | | controlling in combination with any craft grower, principal |
| 24 | | officer of a craft grower, or entity controlled or affiliated |
| 25 | | with a principal officer of a craft grower by which he, she, or |
| 26 | | it is employed, is an agent of, or participates in the |
|
| | HB5501 | - 1787 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | management of more than 3 craft grower licenses. |
| 2 | | (n) It is unlawful for any person having a craft grower |
| 3 | | license or any officer, associate, member, representative, or |
| 4 | | agent of the licensee to offer or deliver money, or anything |
| 5 | | else of value, directly or indirectly, to any person having an |
| 6 | | Early Approval Adult Use Dispensing Organization License, a |
| 7 | | Conditional Adult Use Dispensing Organization License, an |
| 8 | | Adult Use Dispensing Organization License, or a medical |
| 9 | | cannabis dispensing organization license issued under the |
| 10 | | Compassionate Use of Medical Cannabis Program Act, or to any |
| 11 | | person connected with or in any way representing, or to any |
| 12 | | member of the family of, the person holding an Early Approval |
| 13 | | Adult Use Dispensing Organization License, a Conditional Adult |
| 14 | | Use Dispensing Organization License, an Adult Use Dispensing |
| 15 | | Organization License, or a medical cannabis dispensing |
| 16 | | organization license issued under the Compassionate Use of |
| 17 | | Medical Cannabis Program Act, or to any stockholders in any |
| 18 | | corporation engaged in the retail sale of cannabis, or to any |
| 19 | | officer, manager, agent, or representative of the Early |
| 20 | | Approval Adult Use Dispensing Organization License, a |
| 21 | | Conditional Adult Use Dispensing Organization License, an |
| 22 | | Adult Use Dispensing Organization License, or a medical |
| 23 | | cannabis dispensing organization license issued under the |
| 24 | | Compassionate Use of Medical Cannabis Program Act to obtain |
| 25 | | preferential placement within the dispensing organization, |
| 26 | | including, without limitation, on shelves and in display cases |
|
| | HB5501 | - 1788 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | where purchasers can view products, or on the dispensing |
| 2 | | organization's website. |
| 3 | | (o) A craft grower shall not be located within 1,500 feet |
| 4 | | of another craft grower or a cultivation center. |
| 5 | | (p) A craft grower may process cannabis, cannabis |
| 6 | | concentrates, and cannabis-infused products. |
| 7 | | (q) A craft grower must comply with any other requirements |
| 8 | | or prohibitions set by administrative rule of the Department |
| 9 | | of Agriculture.
|
| 10 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 11 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised |
| 12 | | 10-21-21.)
|
| 13 | | (410 ILCS 705/35-25)
|
| 14 | | Sec. 35-25. Infuser organization requirements; |
| 15 | | prohibitions. |
| 16 | | (a) The operating documents of an infuser shall include |
| 17 | | procedures for the oversight of the infuser, an inventory |
| 18 | | monitoring system including a physical inventory recorded |
| 19 | | weekly, accurate recordkeeping, and a staffing plan. |
| 20 | | (b) An infuser shall implement a security plan reviewed by |
| 21 | | the Illinois State Police that includes, but is not limited |
| 22 | | to: facility access controls, perimeter intrusion detection |
| 23 | | systems, personnel identification systems, and a 24-hour |
| 24 | | surveillance system to monitor the interior and exterior of |
| 25 | | the infuser facility and that is accessible to authorized law |
|
| | HB5501 | - 1789 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | enforcement, the Department of Public Health, and the |
| 2 | | Department of Agriculture in real time. |
| 3 | | (c) All processing of cannabis by an infuser must take |
| 4 | | place in an enclosed, locked facility at the physical address |
| 5 | | provided to the Department of Agriculture during the licensing |
| 6 | | process. The infuser location shall only be accessed by the |
| 7 | | agents working for the infuser, the Department of Agriculture |
| 8 | | staff performing inspections, the Department of Public Health |
| 9 | | staff performing inspections, State and local law enforcement |
| 10 | | or other emergency personnel, contractors working on jobs |
| 11 | | unrelated to cannabis, such as installing or maintaining |
| 12 | | security devices or performing electrical wiring, transporting |
| 13 | | organization agents as provided in this Act, participants in |
| 14 | | the incubator program, individuals in a mentoring or |
| 15 | | educational program approved by the State, local safety or |
| 16 | | health inspectors, or other individuals as provided by rule. |
| 17 | | However, if an infuser shares a premises with a craft grower or |
| 18 | | dispensing organization, agents from these other licensees may |
| 19 | | access the infuser portion of the premises if that is the |
| 20 | | location of common bathrooms, lunchrooms, locker rooms, or |
| 21 | | other areas of the building where processing of cannabis is |
| 22 | | not performed. At no time may a craft grower or dispensing |
| 23 | | organization agent perform work at an infuser without being a |
| 24 | | registered agent of the infuser. |
| 25 | | (d) An infuser may not sell or distribute any cannabis to |
| 26 | | any person other than a dispensing organization, or as |
|
| | HB5501 | - 1790 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | otherwise authorized by rule. |
| 2 | | (e) An infuser may not either directly or indirectly |
| 3 | | discriminate in price between different cannabis business |
| 4 | | establishments that are purchasing a like grade, strain, |
| 5 | | brand, and quality of cannabis or cannabis-infused product. |
| 6 | | Nothing in this subsection (e) prevents an infuser from |
| 7 | | pricing cannabis differently based on differences in the cost |
| 8 | | of manufacturing or processing, the quantities sold, such |
| 9 | | volume discounts, or the way the products are delivered. |
| 10 | | (f) All cannabis infused by an infuser and intended for |
| 11 | | distribution to a dispensing organization must be entered into |
| 12 | | a data collection system, packaged and labeled under Section |
| 13 | | 55-21, and, if distribution is to a dispensing organization |
| 14 | | that does not share a premises with the infuser, placed into a |
| 15 | | cannabis container for transport. All cannabis produced by an |
| 16 | | infuser and intended for distribution to a cultivation center, |
| 17 | | infuser organization, or craft grower with which it does not |
| 18 | | share a premises, must be packaged in a labeled cannabis |
| 19 | | container and entered into a data collection system before |
| 20 | | transport. |
| 21 | | (g) Infusers are subject to random inspections by the |
| 22 | | Department of Agriculture, the Department of Public Health, |
| 23 | | the Illinois State Police, local law enforcement, or as |
| 24 | | provided by rule. |
| 25 | | (h) An infuser agent shall notify local law enforcement, |
| 26 | | the Illinois State Police, and the Department of Agriculture |
|
| | HB5501 | - 1791 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | within 24 hours of the discovery of any loss or theft. |
| 2 | | Notification shall be made by phone, in person, or by written |
| 3 | | or electronic communication. |
| 4 | | (i) An infuser organization may not be located in an area |
| 5 | | zoned for residential use. |
| 6 | | (j) An infuser or infuser agent shall not transport |
| 7 | | cannabis or cannabis-infused products to any other cannabis |
| 8 | | business establishment without a transport organization |
| 9 | | license unless: |
| 10 | | (i) If the infuser is located in a county with a |
| 11 | | population of 3,000,000 or more, the cannabis business |
| 12 | | establishment receiving the cannabis or cannabis-infused |
| 13 | | product is within 2,000 feet of the property line of the |
| 14 | | infuser; |
| 15 | | (ii) If the infuser is located in a county with a |
| 16 | | population of more than 700,000 but fewer than 3,000,000, |
| 17 | | the cannabis business establishment receiving the cannabis |
| 18 | | or cannabis-infused product is within 2 miles of the |
| 19 | | infuser; or |
| 20 | | (iii) If the infuser is located in a county with a |
| 21 | | population of fewer than 700,000, the cannabis business |
| 22 | | establishment receiving the cannabis or cannabis-infused |
| 23 | | product is within 15 miles of the infuser. |
| 24 | | (k) An infuser may enter into a contract with a |
| 25 | | transporting organization to transport cannabis to a |
| 26 | | dispensing organization or a laboratory. |
|
| | HB5501 | - 1792 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (l) An infuser organization may share premises with a |
| 2 | | craft grower or a dispensing organization, or both, provided |
| 3 | | each licensee stores currency and cannabis or cannabis-infused |
| 4 | | products in a separate secured vault to which the other |
| 5 | | licensee does not have access or all licensees sharing a vault |
| 6 | | share more than 50% of the same ownership. |
| 7 | | (m) It is unlawful for any person or entity having an |
| 8 | | infuser organization license or any officer, associate, |
| 9 | | member, representative or agent of such licensee to offer or |
| 10 | | deliver money, or anything else of value, directly or |
| 11 | | indirectly to any person having an Early Approval Adult Use |
| 12 | | Dispensing Organization License, a Conditional Adult Use |
| 13 | | Dispensing Organization License, an Adult Use Dispensing |
| 14 | | Organization License, or a medical cannabis dispensing |
| 15 | | organization license issued under the Compassionate Use of |
| 16 | | Medical Cannabis Program Act, or to any person connected with |
| 17 | | or in any way representing, or to any member of the family of, |
| 18 | | such person holding an Early Approval Adult Use Dispensing |
| 19 | | Organization License, a Conditional Adult Use Dispensing |
| 20 | | Organization License, an Adult Use Dispensing Organization |
| 21 | | License, or a medical cannabis dispensing organization license |
| 22 | | issued under the Compassionate Use of Medical Cannabis Program |
| 23 | | Act, or to any stockholders in any corporation engaged the |
| 24 | | retail sales of cannabis, or to any officer, manager, agent, |
| 25 | | or representative of the Early Approval Adult Use Dispensing |
| 26 | | Organization License, a Conditional Adult Use Dispensing |
|
| | HB5501 | - 1793 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Organization License, an Adult Use Dispensing Organization |
| 2 | | License, or a medical cannabis dispensing organization license |
| 3 | | issued under the Compassionate Use of Medical Cannabis Program |
| 4 | | Act to obtain preferential placement within the dispensing |
| 5 | | organization, including, without limitation, on shelves and in |
| 6 | | display cases where purchasers can view products, or on the |
| 7 | | dispensing organization's website. |
| 8 | | (n) At no time shall an infuser organization or an infuser |
| 9 | | agent perform the extraction of cannabis concentrate from |
| 10 | | cannabis flower.
|
| 11 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 12 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised |
| 13 | | 10-14-21.)
|
| 14 | | (410 ILCS 705/35-30)
|
| 15 | | Sec. 35-30. Infuser agent identification card. |
| 16 | | (a) The Department of Agriculture shall: |
| 17 | | (1) establish by rule the information required in an |
| 18 | | initial application or renewal application for an agent |
| 19 | | identification card submitted under this Act and the |
| 20 | | nonrefundable fee to accompany the initial application or |
| 21 | | renewal application; |
| 22 | | (2) verify the information contained in an initial |
| 23 | | application or renewal application for an agent |
| 24 | | identification card submitted under this Act, and approve |
| 25 | | or deny an application within 30 days of receiving a |
|
| | HB5501 | - 1796 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | recorded weekly, accurate recordkeeping, and a staffing plan. |
| 2 | | (b) A transporting organization may not transport cannabis |
| 3 | | or cannabis-infused products to any person other than a |
| 4 | | cultivation center, a craft grower, an infuser organization, a |
| 5 | | dispensing organization, a testing facility, or as otherwise |
| 6 | | authorized by rule. |
| 7 | | (c) All cannabis transported by a transporting |
| 8 | | organization must be entered into a data collection system and |
| 9 | | placed into a cannabis container for transport. |
| 10 | | (d) Transporters are subject to random inspections by the |
| 11 | | Department of Agriculture, the Department of Public Health, |
| 12 | | the Illinois State Police, or as provided by rule. |
| 13 | | (e) A transporting organization agent shall notify local |
| 14 | | law enforcement, the Illinois State Police, and the Department |
| 15 | | of Agriculture within 24 hours of the discovery of any loss or |
| 16 | | theft. Notification shall be made by phone, in person, or by |
| 17 | | written or electronic communication. |
| 18 | | (f) No person under the age of 21 years shall be in a |
| 19 | | commercial vehicle or trailer transporting cannabis goods. |
| 20 | | (g) No person or individual who is not a transporting |
| 21 | | organization agent shall be in a vehicle while transporting |
| 22 | | cannabis goods. |
| 23 | | (h) Transporters may not use commercial motor vehicles |
| 24 | | with a weight rating of over 10,001 pounds. |
| 25 | | (i) It is unlawful for any person to offer or deliver |
| 26 | | money, or anything else of value, directly or indirectly, to |
|
| | HB5501 | - 1797 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any of the following persons to obtain preferential placement |
| 2 | | within the dispensing organization, including, without |
| 3 | | limitation, on shelves and in display cases where purchasers |
| 4 | | can view products, or on the dispensing organization's |
| 5 | | website: |
| 6 | | (1) a person having a transporting organization |
| 7 | | license, or any officer, associate, member, |
| 8 | | representative, or agent of the licensee; |
| 9 | | (2) a person having an Early Applicant Adult Use |
| 10 | | Dispensing Organization License, an Adult Use Dispensing |
| 11 | | Organization License, or a medical cannabis dispensing |
| 12 | | organization license issued under the Compassionate Use of |
| 13 | | Medical Cannabis Program Act; |
| 14 | | (3) a person connected with or in any way |
| 15 | | representing, or a member of the family of, a person |
| 16 | | holding an Early Applicant Adult Use Dispensing |
| 17 | | Organization License, an Adult Use Dispensing Organization |
| 18 | | License, or a medical cannabis dispensing organization |
| 19 | | license issued under the Compassionate Use of Medical |
| 20 | | Cannabis Program Act; or |
| 21 | | (4) a stockholder, officer, manager, agent, or |
| 22 | | representative of a corporation engaged in the retail sale |
| 23 | | of cannabis, an Early Applicant Adult Use Dispensing |
| 24 | | Organization License, an Adult Use Dispensing Organization |
| 25 | | License, or a medical cannabis dispensing organization |
| 26 | | license issued under the Compassionate Use of Medical |
|
| | HB5501 | - 1798 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Cannabis Program Act. |
| 2 | | (j) A transporting organization agent must keep his or her |
| 3 | | identification card visible at all times when on the property |
| 4 | | of a cannabis business establishment and during the |
| 5 | | transporting of cannabis when acting under his or her duties |
| 6 | | as a transportation organization agent. During these times, |
| 7 | | the transporting organization agent must also provide the |
| 8 | | identification card upon request of any law enforcement |
| 9 | | officer engaged in his or her official duties. |
| 10 | | (k) A copy of the transporting organization's registration |
| 11 | | and a manifest for the delivery shall be present in any vehicle |
| 12 | | transporting cannabis. |
| 13 | | (l) Cannabis shall be transported so it is not visible or |
| 14 | | recognizable from outside the vehicle. |
| 15 | | (m) A vehicle transporting cannabis must not bear any |
| 16 | | markings to indicate the vehicle contains
cannabis or bear the |
| 17 | | name or logo of the cannabis business establishment. |
| 18 | | (n) Cannabis must be transported in an enclosed, locked |
| 19 | | storage compartment that is secured or affixed to the vehicle. |
| 20 | | (o) The Department of Agriculture may, by rule, impose any |
| 21 | | other requirements or prohibitions on the transportation of |
| 22 | | cannabis.
|
| 23 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 24 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised |
| 25 | | 10-14-21.)
|
|
| | HB5501 | - 1801 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (g) An agent applicant may begin employment at a |
| 2 | | transporting organization while the agent applicant's |
| 3 | | identification card application is pending. Upon approval, the |
| 4 | | Department shall issue the agent's identification card to the |
| 5 | | agent. If denied, the transporting organization and the agent |
| 6 | | applicant shall be notified and the agent applicant must cease |
| 7 | | all activity at the transporting organization immediately. |
| 8 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 9 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised |
| 10 | | 10-14-21.)
|
| 11 | | (410 ILCS 705/55-30)
|
| 12 | | Sec. 55-30. Confidentiality. |
| 13 | | (a) Information provided by the cannabis business |
| 14 | | establishment licensees or applicants to the Department of |
| 15 | | Agriculture, the Department of Public Health, the Department |
| 16 | | of Financial and Professional Regulation, the Department of |
| 17 | | Commerce and Economic Opportunity, or other agency shall be |
| 18 | | limited to information necessary for the purposes of |
| 19 | | administering this Act. The information is subject to the |
| 20 | | provisions and limitations contained in the Freedom of |
| 21 | | Information Act and may be disclosed in accordance with |
| 22 | | Section 55-65. |
| 23 | | (b) The following information received and records kept by |
| 24 | | the Department of Agriculture, the Department of Public |
| 25 | | Health, the Illinois State Police, and the Department of |
|
| | HB5501 | - 1802 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Financial and Professional Regulation for purposes of |
| 2 | | administering this Article are subject to all applicable |
| 3 | | federal privacy laws, are confidential and exempt from |
| 4 | | disclosure under the Freedom of Information Act, except as |
| 5 | | provided in this Act, and not subject to disclosure to any |
| 6 | | individual or public or private entity, except to the |
| 7 | | Department of Financial and Professional Regulation, the |
| 8 | | Department of Agriculture, the Department of Public Health, |
| 9 | | and the Illinois State Police as necessary to perform official |
| 10 | | duties under this Article and to the Attorney General as |
| 11 | | necessary to enforce the provisions of this Act. The following |
| 12 | | information received and kept by the Department of Financial |
| 13 | | and Professional Regulation or the Department of Agriculture |
| 14 | | may be disclosed to the Department of Public Health, the |
| 15 | | Department of Agriculture, the Department of Revenue, the |
| 16 | | Illinois State Police, or the Attorney General upon proper |
| 17 | | request: |
| 18 | | (1) Applications and renewals, their contents, and |
| 19 | | supporting information submitted by or on behalf of |
| 20 | | dispensing organizations, cannabis business |
| 21 | | establishments, or Community College Cannabis Vocational |
| 22 | | Program licensees, in compliance with this Article, |
| 23 | | including their physical addresses; however, this does not |
| 24 | | preclude the release of ownership information about |
| 25 | | cannabis business establishment licenses, or information |
| 26 | | submitted with an application required to be disclosed |
|
| | HB5501 | - 1803 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | pursuant to subsection (f); |
| 2 | | (2) Any plans, procedures, policies, or other records |
| 3 | | relating to cannabis business establishment security; and |
| 4 | | (3) Information otherwise exempt from disclosure by |
| 5 | | State or federal law. |
| 6 | | Illinois or national criminal history record information, |
| 7 | | or the nonexistence or lack of such information, may not be |
| 8 | | disclosed by the Department of Financial and Professional |
| 9 | | Regulation or the Department of Agriculture, except as |
| 10 | | necessary to the Attorney General to enforce this Act. |
| 11 | | (c) The name and address of a dispensing organization |
| 12 | | licensed under this Act shall be subject to disclosure under |
| 13 | | the Freedom of Information Act. The name and cannabis business |
| 14 | | establishment address of the person or entity holding each |
| 15 | | cannabis business establishment license shall be subject to |
| 16 | | disclosure. |
| 17 | | (d) All information collected by the Department of |
| 18 | | Financial and Professional Regulation or the Department of |
| 19 | | Agriculture in the course of an examination, inspection, or |
| 20 | | investigation of a licensee or applicant, including, but not |
| 21 | | limited to, any complaint against a licensee or applicant |
| 22 | | filed with the Department of Financial and Professional |
| 23 | | Regulation or the Department of Agriculture and information |
| 24 | | collected to investigate any such complaint, shall be |
| 25 | | maintained for the confidential use of the Department of |
| 26 | | Financial and Professional Regulation or the Department of |
|
| | HB5501 | - 1804 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Agriculture and shall not be disclosed, except as otherwise |
| 2 | | provided in this Act. A formal complaint against a licensee by |
| 3 | | the Department of Financial and Professional Regulation or the |
| 4 | | Department of Agriculture or any disciplinary order issued by |
| 5 | | the Department of Financial and Professional Regulation or the |
| 6 | | Department of Agriculture against a licensee or applicant |
| 7 | | shall be a public record, except as otherwise provided by law. |
| 8 | | Complaints from consumers or members of the general public |
| 9 | | received regarding a specific, named licensee or complaints |
| 10 | | regarding conduct by unlicensed entities shall be subject to |
| 11 | | disclosure under the Freedom of Information Act. |
| 12 | | (e) The Department of Agriculture, the Illinois State |
| 13 | | Police, and the Department of Financial and Professional |
| 14 | | Regulation shall not share or disclose any Illinois or |
| 15 | | national criminal history record information, or the |
| 16 | | nonexistence or lack of such information, to any person or |
| 17 | | entity not expressly authorized by this Act. |
| 18 | | (f) Each Department responsible for licensure under this |
| 19 | | Act shall publish on the Department's website a list of the |
| 20 | | ownership information of cannabis business establishment |
| 21 | | licensees under the Department's jurisdiction. The list shall |
| 22 | | include, but is not limited to: the name of the person or |
| 23 | | entity holding each cannabis business establishment license; |
| 24 | | and the address at which the entity is operating under this |
| 25 | | Act. This list shall be published and updated monthly.
|
| 26 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
|
| | HB5501 | - 1805 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised |
| 2 | | 10-14-21.)
|
| 3 | | Section 545. The Environmental Protection Act is amended |
| 4 | | by changing Sections 3.330, 17.12, 21, 22.15, 22.59, and 39 as |
| 5 | | follows:
|
| 6 | | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
|
| 7 | | Sec. 3.330. Pollution control facility.
|
| 8 | | (a) "Pollution control facility" is any waste storage |
| 9 | | site, sanitary
landfill, waste disposal site, waste transfer |
| 10 | | station, waste treatment
facility, or waste incinerator. This |
| 11 | | includes sewers, sewage treatment
plants, and any other |
| 12 | | facilities owned or operated by sanitary districts
organized |
| 13 | | under the Metropolitan Water Reclamation District Act.
|
| 14 | | The following are not pollution control facilities:
|
| 15 | | (1) (blank);
|
| 16 | | (2) waste storage sites regulated under 40 CFR, Part |
| 17 | | 761.42;
|
| 18 | | (3) sites or facilities used by any person conducting |
| 19 | | a waste storage,
waste treatment, waste disposal, waste |
| 20 | | transfer or waste incineration
operation, or a combination |
| 21 | | thereof, for wastes generated by such person's
own |
| 22 | | activities, when such wastes are stored, treated, disposed |
| 23 | | of,
transferred or incinerated within the site or facility |
| 24 | | owned, controlled or
operated by such person, or when such |
|
| | HB5501 | - 1806 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | wastes are transported within or
between sites or |
| 2 | | facilities owned, controlled or operated by such person;
|
| 3 | | (4) sites or facilities at which the State is |
| 4 | | performing removal or
remedial action pursuant to Section |
| 5 | | 22.2 or 55.3;
|
| 6 | | (5) abandoned quarries used solely for the disposal of |
| 7 | | concrete, earth
materials, gravel, or aggregate debris |
| 8 | | resulting from road construction
activities conducted by a |
| 9 | | unit of government or construction activities due
to the |
| 10 | | construction and installation of underground pipes, lines, |
| 11 | | conduit
or wires off of the premises of a public utility |
| 12 | | company which are
conducted by a public utility;
|
| 13 | | (6) sites or facilities used by any person to |
| 14 | | specifically conduct a
landscape composting operation;
|
| 15 | | (7) regional facilities as defined in the Central |
| 16 | | Midwest Interstate
Low-Level Radioactive Waste Compact;
|
| 17 | | (8) the portion of a site or facility where coal |
| 18 | | combustion wastes are
stored or disposed of in accordance |
| 19 | | with subdivision (r)(2) or (r)(3) of
Section 21;
|
| 20 | | (9) the portion of a site or facility used for the |
| 21 | | collection,
storage or processing of waste tires as |
| 22 | | defined in Title XIV;
|
| 23 | | (10) the portion of a site or facility used for |
| 24 | | treatment of
petroleum contaminated materials by |
| 25 | | application onto or incorporation into
the soil surface |
| 26 | | and any portion of that site or facility used for storage
|
|
| | HB5501 | - 1807 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of petroleum contaminated materials before treatment. Only |
| 2 | | those categories
of petroleum listed in Section
57.9(a)(3) |
| 3 | | are exempt under this subdivision (10);
|
| 4 | | (11) the portion of a site or facility where used oil |
| 5 | | is collected or
stored prior to shipment to a recycling or |
| 6 | | energy recovery facility, provided
that the used oil is |
| 7 | | generated by households or commercial establishments, and
|
| 8 | | the site or facility is a recycling center or a business |
| 9 | | where oil or gasoline
is sold at retail; |
| 10 | | (11.5) processing sites or facilities that receive |
| 11 | | only on-specification used oil, as defined in 35 Ill. Adm. |
| 12 | | Admin. Code 739, originating from used oil collectors for |
| 13 | | processing that is managed under 35 Ill. Adm. Admin. Code |
| 14 | | 739 to produce products for sale to off-site petroleum |
| 15 | | facilities, if these processing sites or facilities are: |
| 16 | | (i) located within a home rule unit of local government |
| 17 | | with a population of at least 30,000 according to the 2000 |
| 18 | | federal census, that home rule unit of local government |
| 19 | | has been designated as an Urban Round II Empowerment Zone |
| 20 | | by the United States Department of Housing and Urban |
| 21 | | Development, and that home rule unit of local government |
| 22 | | has enacted an ordinance approving the location of the |
| 23 | | site or facility and provided funding for the site or |
| 24 | | facility; and (ii) in compliance with all applicable |
| 25 | | zoning requirements;
|
| 26 | | (12) the portion of a site or facility utilizing coal |
|
| | HB5501 | - 1808 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | combustion waste
for stabilization and treatment of only |
| 2 | | waste generated on that site or
facility when used in |
| 3 | | connection with response actions pursuant to the federal
|
| 4 | | Comprehensive Environmental Response, Compensation, and |
| 5 | | Liability Act of 1980,
the federal Resource Conservation |
| 6 | | and Recovery Act of 1976, or the Illinois
Environmental |
| 7 | | Protection Act or as authorized by the Agency;
|
| 8 | | (13) the portion of a site or facility regulated under |
| 9 | | Section 22.38 of this Act; |
| 10 | | (14) the portion of a site or facility, located within |
| 11 | | a unit of local government that has enacted local zoning |
| 12 | | requirements, used to accept, separate, and process |
| 13 | | uncontaminated broken concrete, with or without protruding |
| 14 | | metal bars, provided that the uncontaminated broken |
| 15 | | concrete and metal bars are not speculatively accumulated, |
| 16 | | are at the site or facility no longer than one year after |
| 17 | | their acceptance, and are returned to the economic |
| 18 | | mainstream in the form of raw materials or products;
|
| 19 | | (15) the portion of a site or facility located in a |
| 20 | | county with a population over 3,000,000 that has obtained |
| 21 | | local siting approval under Section 39.2 of this Act for a |
| 22 | | municipal waste incinerator on or before July 1, 2005 and |
| 23 | | that is used for a non-hazardous waste transfer station;
|
| 24 | | (16) a site or facility that temporarily holds in |
| 25 | | transit for 10 days or less, non-putrescible solid waste |
| 26 | | in original containers, no larger in capacity than 500 |
|
| | HB5501 | - 1809 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | gallons, provided that such waste is further transferred |
| 2 | | to a recycling, disposal, treatment, or storage facility |
| 3 | | on a non-contiguous site and provided such site or |
| 4 | | facility complies with the applicable 10-day transfer |
| 5 | | requirements of the federal Resource Conservation and |
| 6 | | Recovery Act of 1976 and United States Department of |
| 7 | | Transportation hazardous material requirements. For |
| 8 | | purposes of this Section only, "non-putrescible solid |
| 9 | | waste" means waste other than municipal garbage that does |
| 10 | | not rot or become putrid, including, but not limited to, |
| 11 | | paints, solvent, filters, and absorbents;
|
| 12 | | (17)
the portion of a site or facility located in a |
| 13 | | county with a population greater than 3,000,000 that has |
| 14 | | obtained local siting approval, under Section 39.2 of this |
| 15 | | Act, for a municipal waste incinerator on or before July |
| 16 | | 1, 2005 and that is used for wood combustion facilities |
| 17 | | for energy recovery that accept and burn only wood |
| 18 | | material, as included in a fuel specification approved by |
| 19 | | the Agency;
|
| 20 | | (18)
a transfer station used exclusively for landscape |
| 21 | | waste, including a transfer station where landscape waste |
| 22 | | is ground to reduce its volume, where the landscape waste |
| 23 | | is held no longer than 24 hours from the time it was |
| 24 | | received; |
| 25 | | (19) the portion of a site or facility that (i) is used |
| 26 | | for the composting of food scrap, livestock waste, crop |
|
| | HB5501 | - 1810 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | residue, uncontaminated wood waste, or paper waste, |
| 2 | | including, but not limited to, corrugated paper or |
| 3 | | cardboard, and (ii) meets all of the following |
| 4 | | requirements: |
| 5 | | (A) There must not be more than a total of 30,000 |
| 6 | | cubic yards of livestock waste in raw form or in the |
| 7 | | process of being composted at the site or facility at |
| 8 | | any one time. |
| 9 | | (B) All food scrap, livestock waste, crop residue, |
| 10 | | uncontaminated wood waste, and paper waste must, by |
| 11 | | the end of each operating day, be processed and placed |
| 12 | | into an enclosed vessel in which air flow and |
| 13 | | temperature are controlled, or all of the following |
| 14 | | additional requirements must be met: |
| 15 | | (i) The portion of the site or facility used |
| 16 | | for the composting operation must include a |
| 17 | | setback of at least 200 feet from the nearest |
| 18 | | potable water supply well. |
| 19 | | (ii) The portion of the site or facility used |
| 20 | | for the composting operation must be located |
| 21 | | outside the boundary of the 10-year floodplain or |
| 22 | | floodproofed. |
| 23 | | (iii) Except in municipalities with more than |
| 24 | | 1,000,000 inhabitants, the portion of the site or |
| 25 | | facility used for the composting operation must be |
| 26 | | located at least one-eighth of a mile from the |
|
| | HB5501 | - 1811 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | nearest residence, other than a residence located |
| 2 | | on the same property as the site or facility. |
| 3 | | (iv) The portion of the site or facility used |
| 4 | | for the composting operation must be located at |
| 5 | | least one-eighth of a mile from the property line |
| 6 | | of all of the following areas: |
| 7 | | (I) Facilities that primarily serve to |
| 8 | | house or treat people that are |
| 9 | | immunocompromised or immunosuppressed, such as |
| 10 | | cancer or AIDS patients; people with asthma, |
| 11 | | cystic fibrosis, or bioaerosol allergies; or |
| 12 | | children under the age of one year. |
| 13 | | (II) Primary and secondary schools and |
| 14 | | adjacent areas that the schools use for |
| 15 | | recreation. |
| 16 | | (III) Any facility for child care licensed |
| 17 | | under Section 3 of the Child Care Act of 1969; |
| 18 | | preschools; and adjacent areas that the |
| 19 | | facilities or preschools use for recreation. |
| 20 | | (v) By the end of each operating day, all food |
| 21 | | scrap, livestock waste, crop residue, |
| 22 | | uncontaminated wood waste, and paper waste must be |
| 23 | | (i) processed into windrows or other piles and |
| 24 | | (ii) covered in a manner that prevents scavenging |
| 25 | | by birds and animals and that prevents other |
| 26 | | nuisances. |
|
| | HB5501 | - 1812 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (C) Food scrap, livestock waste, crop residue, |
| 2 | | uncontaminated wood waste, paper waste, and compost |
| 3 | | must not be placed within 5 feet of the water table. |
| 4 | | (D) The site or facility must meet all of the |
| 5 | | requirements of the Wild and Scenic Rivers Act (16 |
| 6 | | U.S.C. 1271 et seq.). |
| 7 | | (E) The site or facility must not (i) restrict the |
| 8 | | flow of a 100-year flood, (ii) result in washout of |
| 9 | | food scrap, livestock waste, crop residue, |
| 10 | | uncontaminated wood waste, or paper waste from a |
| 11 | | 100-year flood, or (iii) reduce the temporary water |
| 12 | | storage capacity of the 100-year floodplain, unless |
| 13 | | measures are undertaken to provide alternative storage |
| 14 | | capacity, such as by providing lagoons, holding tanks, |
| 15 | | or drainage around structures at the facility. |
| 16 | | (F) The site or facility must not be located in any |
| 17 | | area where it may pose a threat of harm or destruction |
| 18 | | to the features for which: |
| 19 | | (i) an irreplaceable historic or |
| 20 | | archaeological site has been listed under the |
| 21 | | National Historic Preservation Act (16 U.S.C. 470 |
| 22 | | et seq.) or the Illinois Historic Preservation |
| 23 | | Act; |
| 24 | | (ii) a natural landmark has been designated by |
| 25 | | the National Park Service or the Illinois State |
| 26 | | Historic Preservation Office; or |
|
| | HB5501 | - 1813 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (iii) a natural area has been designated as a |
| 2 | | Dedicated Illinois Nature Preserve under the |
| 3 | | Illinois Natural Areas Preservation Act. |
| 4 | | (G) The site or facility must not be located in an |
| 5 | | area where it may jeopardize the continued existence |
| 6 | | of any designated endangered species, result in the |
| 7 | | destruction or adverse modification of the critical |
| 8 | | habitat for such species, or cause or contribute to |
| 9 | | the taking of any endangered or threatened species of |
| 10 | | plant, fish, or wildlife listed under the Endangered |
| 11 | | Species Act (16 U.S.C. 1531 et seq.) or the Illinois |
| 12 | | Endangered Species Protection Act; |
| 13 | | (20) the portion of a site or facility that is located |
| 14 | | entirely within a home rule unit having a population of no |
| 15 | | less than 120,000 and no more than 135,000, according to |
| 16 | | the 2000 federal census, and that meets all of the |
| 17 | | following requirements: |
| 18 | | (i) the portion of the site or facility is used |
| 19 | | exclusively to perform testing of a thermochemical |
| 20 | | conversion technology using only woody biomass, |
| 21 | | collected as landscape waste within the boundaries of |
| 22 | | the home rule unit, as the hydrocarbon feedstock for |
| 23 | | the production of synthetic gas in accordance with |
| 24 | | Section 39.9 of this Act; |
| 25 | | (ii) the portion of the site or facility is in |
| 26 | | compliance with all applicable zoning requirements; |
|
| | HB5501 | - 1814 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and |
| 2 | | (iii) a complete application for a demonstration |
| 3 | | permit at the portion of the site or facility has been |
| 4 | | submitted to the Agency in accordance with Section |
| 5 | | 39.9 of this Act within one year after July 27, 2010 |
| 6 | | (the effective date of Public Act 96-1314); |
| 7 | | (21) the portion of a site or facility used to perform |
| 8 | | limited testing of a gasification conversion technology in |
| 9 | | accordance with Section 39.8 of this Act and for which a |
| 10 | | complete permit application has been submitted to the |
| 11 | | Agency prior to one year from April 9, 2010 (the effective |
| 12 | | date of Public Act 96-887);
|
| 13 | | (22) the portion of a site or facility that is used to |
| 14 | | incinerate only pharmaceuticals from residential sources |
| 15 | | that are collected and transported by law enforcement |
| 16 | | agencies under Section 17.9A of this Act; |
| 17 | | (23) the portion of a site or facility: |
| 18 | | (A) that is used exclusively for the transfer of |
| 19 | | commingled landscape waste and food scrap held at the |
| 20 | | site or facility for no longer than 24 hours after |
| 21 | | their receipt; |
| 22 | | (B) that is located entirely within a home rule |
| 23 | | unit having a population of (i) not less than 100,000 |
| 24 | | and not more than 115,000 according to the 2010 |
| 25 | | federal census, (ii) not less than 5,000 and not more |
| 26 | | than 10,000 according to the 2010 federal census, or |
|
| | HB5501 | - 1815 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (iii) not less than 25,000 and not more than 30,000 |
| 2 | | according to the 2010 federal census or that is |
| 3 | | located in the unincorporated area of a county having |
| 4 | | a population of not less than 700,000 and not more than |
| 5 | | 705,000 according to the 2010 federal census; |
| 6 | | (C) that is permitted, by the Agency, prior to |
| 7 | | January 1, 2002, for the transfer of landscape waste |
| 8 | | if located in a home rule unit or that is permitted |
| 9 | | prior to January 1, 2008 if located in an |
| 10 | | unincorporated area of a county; and |
| 11 | | (D) for which a permit application is submitted to |
| 12 | | the Agency to modify an existing permit for the |
| 13 | | transfer of landscape waste to also include, on a |
| 14 | | demonstration basis not to exceed 24 months each time |
| 15 | | a permit is issued, the transfer of commingled |
| 16 | | landscape waste and food scrap or for which a permit |
| 17 | | application is submitted to the Agency within 6 months |
| 18 | | of August 11, 2017 (the effective date of Public Act |
| 19 | | 100-94) this amendatory Act of the 100th General |
| 20 | | Assembly; |
| 21 | | (24) the portion of a municipal solid waste landfill |
| 22 | | unit: |
| 23 | | (A) that is located in a county having a |
| 24 | | population of not less than 55,000 and not more than |
| 25 | | 60,000 according to the 2010 federal census; |
| 26 | | (B) that is owned by that county; |
|
| | HB5501 | - 1816 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (C) that is permitted, by the Agency, prior to |
| 2 | | July 10, 2015 (the effective date of Public Act |
| 3 | | 99-12); and |
| 4 | | (D) for which a permit application is submitted to |
| 5 | | the Agency within 6 months after July 10, 2015 (the |
| 6 | | effective date of Public Act 99-12) for the disposal |
| 7 | | of non-hazardous special waste; and |
| 8 | | (25) the portion of a site or facility used during a |
| 9 | | mass animal mortality event, as defined in the Animal |
| 10 | | Mortality Act, where such waste is collected, stored, |
| 11 | | processed, disposed, or incinerated under a mass animal |
| 12 | | mortality event plan issued by the Department of |
| 13 | | Agriculture. |
| 14 | | (b) A new pollution control facility is:
|
| 15 | | (1) a pollution control facility initially permitted |
| 16 | | for development or
construction after July 1, 1981; or
|
| 17 | | (2) the area of expansion beyond the boundary of a |
| 18 | | currently permitted
pollution control facility; or
|
| 19 | | (3) a permitted pollution control facility requesting |
| 20 | | approval to
store, dispose of, transfer or incinerate, for |
| 21 | | the first time, any special
or hazardous waste.
|
| 22 | | (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; |
| 23 | | revised 9-22-21.)
|
| 24 | | (415 ILCS 5/17.12) |
| 25 | | Sec. 17.12. Lead service line replacement and |
|
| | HB5501 | - 1817 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | notification. |
| 2 | | (a) The purpose of this Act is to: (1) require the owners |
| 3 | | and operators of community water supplies to develop, |
| 4 | | implement, and maintain a comprehensive water service line |
| 5 | | material inventory and a comprehensive lead service line |
| 6 | | replacement plan, provide notice to occupants of potentially |
| 7 | | affected buildings before any construction or repair work on |
| 8 | | water mains or lead service lines, and request access to |
| 9 | | potentially affected buildings before replacing lead service |
| 10 | | lines; and (2) prohibit partial lead service line |
| 11 | | replacements, except as authorized within this Section. |
| 12 | | (b) The General Assembly finds and declares that: |
| 13 | | (1) There is no safe level of exposure to heavy metal |
| 14 | | lead, as found by the United States Environmental |
| 15 | | Protection Agency and the Centers for Disease Control and |
| 16 | | Prevention. |
| 17 | | (2) Lead service lines can convey this harmful |
| 18 | | substance to the drinking water supply. |
| 19 | | (3) According to the Illinois Environmental Protection |
| 20 | | Agency's 2018 Service Line Material Inventory, the State |
| 21 | | of Illinois is estimated to have over 680,000 lead-based |
| 22 | | service lines still in operation. |
| 23 | | (4) The true number of lead service lines is not fully |
| 24 | | known because Illinois lacks an adequate inventory of lead |
| 25 | | service lines. |
| 26 | | (5) For the general health, safety and welfare of its |
|
| | HB5501 | - 1819 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of only a portion of a lead service line. |
| 2 | | "Potentially affected building" means any building that is |
| 3 | | provided water service through a service line that is either a |
| 4 | | lead service line or a suspected lead service line. |
| 5 | | "Public water supply" has the meaning ascribed to it in |
| 6 | | Section 3.365 of this Act. |
| 7 | | "Service line" means the piping, tubing, and necessary |
| 8 | | appurtenances acting as a conduit from the water main or |
| 9 | | source of potable water supply to the building plumbing at the |
| 10 | | first shut-off valve or 18 inches inside the building, |
| 11 | | whichever is shorter. |
| 12 | | "Suspected lead service line" means a service line that a |
| 13 | | community water supply finds more likely than not to be made of |
| 14 | | lead after completing the requirements under paragraphs (2) |
| 15 | | through (5) of subsection (h). |
| 16 | | "Small system" means a community water supply that |
| 17 | | regularly serves water to 3,300 or fewer persons. |
| 18 | | (d) An owner or operator of a community water supply |
| 19 | | shall: |
| 20 | | (1) develop an initial material inventory by April 15, |
| 21 | | 2022 and electronically submit by April 15, 2023 an |
| 22 | | updated material inventory electronically to the Agency; |
| 23 | | and |
| 24 | | (2) deliver a complete material inventory to the |
| 25 | | Agency no later than April 15, 2024, or such time as |
| 26 | | required by federal law, whichever is sooner. The complete |
|
| | HB5501 | - 1820 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | inventory shall report the composition of all service |
| 2 | | lines in the community water supply's distribution system. |
| 3 | | (e) The Agency shall review and approve the final material |
| 4 | | inventory submitted to it under subsection (d). |
| 5 | | (f) If a community water supply does not submit a complete |
| 6 | | inventory to the Agency by April 15, 2024 under paragraph (2) |
| 7 | | of subsection (d), the community water supply may apply for an |
| 8 | | extension to the Agency no less than 3 months prior to the due |
| 9 | | date. The Agency shall develop criteria for granting material |
| 10 | | inventory extensions. When considering requests for extension, |
| 11 | | the Agency shall, at a minimum, consider: |
| 12 | | (1) the number of service connections in a water |
| 13 | | supply; and |
| 14 | | (2) the number of service lines of an unknown material |
| 15 | | composition. |
| 16 | | (g) A material inventory prepared for a community water |
| 17 | | supply under subsection (d) shall identify: |
| 18 | | (1) the total number of service lines connected to the |
| 19 | | community water supply's distribution system; |
| 20 | | (2) the materials of construction of each service line |
| 21 | | connected to the community water supply's distribution |
| 22 | | system; |
| 23 | | (3) the number of suspected lead service lines that |
| 24 | | were newly identified in the material inventory for the |
| 25 | | community water supply after the community water supply |
| 26 | | last submitted a service line inventory to the Agency; and |
|
| | HB5501 | - 1821 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (4) the number of suspected or known lead service |
| 2 | | lines that were replaced after the community water supply |
| 3 | | last submitted a service line inventory to the Agency, and |
| 4 | | the material of the service line that replaced each lead |
| 5 | | service line. |
| 6 | | When identifying the materials of construction under |
| 7 | | paragraph (2) of this subsection, the owner or operator of the |
| 8 | | community water supply shall to the best of the owner's or |
| 9 | | operator's ability identify the type of construction material |
| 10 | | used on the customer's side of the curb box, meter, or other |
| 11 | | line of demarcation and the community water supply's side of |
| 12 | | the curb box, meter, or other line of demarcation. |
| 13 | | (h) In completing a material inventory under subsection |
| 14 | | (d), the owner or operator of a community water supply shall: |
| 15 | | (1) prioritize inspections of high-risk areas |
| 16 | | identified by the community water supply and inspections |
| 17 | | of high-risk facilities, such as preschools, day care |
| 18 | | centers, day care homes, group day care homes, parks, |
| 19 | | playgrounds, hospitals, and clinics, and confirm service |
| 20 | | line materials in those areas and at those facilities; |
| 21 | | (2) review historical documentation, such as |
| 22 | | construction logs or cards, as-built drawings, purchase |
| 23 | | orders, and subdivision plans, to determine service line |
| 24 | | material construction; |
| 25 | | (3) when conducting distribution system maintenance, |
| 26 | | visually inspect service lines and document materials of |
|
| | HB5501 | - 1822 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | construction; |
| 2 | | (4) identify any time period when the service lines |
| 3 | | being connected to its distribution system were primarily |
| 4 | | lead service lines, if such a time period is known or |
| 5 | | suspected; and |
| 6 | | (5) discuss service line repair and installation with |
| 7 | | its employees, contractors, plumbers, other workers who |
| 8 | | worked on service lines connected to its distribution |
| 9 | | system, or all of the above. |
| 10 | | (i) The owner or operator of each community water supply |
| 11 | | shall maintain records of persons who refuse to grant access |
| 12 | | to the interior of a building for purposes of identifying the |
| 13 | | materials of construction of a service line. If a community |
| 14 | | water supply has been denied access on the property or to the |
| 15 | | interior of a building for that reason, then the community |
| 16 | | water supply shall attempt to identify the service line as a |
| 17 | | suspected lead service line, unless documentation is provided |
| 18 | | showing otherwise. |
| 19 | | (j) If a community water supply identifies a lead service |
| 20 | | line connected to a building, the owner or operator of the |
| 21 | | community water supply shall attempt to notify the owner of |
| 22 | | the building and all occupants of the building of the |
| 23 | | existence of the lead service line within 15 days after |
| 24 | | identifying the lead service line, or as soon as is reasonably |
| 25 | | possible thereafter. Individual written notice shall be given |
| 26 | | according to the provisions of subsection (jj). |
|
| | HB5501 | - 1823 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (k) An owner or operator of a community water supply has no |
| 2 | | duty to include in the material inventory required under |
| 3 | | subsection (d) information about service lines that are |
| 4 | | physically disconnected from a water main in its distribution |
| 5 | | system. |
| 6 | | (l) The owner or operator of each community water supply |
| 7 | | shall post on its website a copy of the most recently submitted |
| 8 | | material inventory or alternatively may request that the |
| 9 | | Agency post a copy of that material inventory on the Agency's |
| 10 | | website. |
| 11 | | (m) Nothing in this Section shall be construed to require |
| 12 | | service lines to be unearthed for the sole purpose of |
| 13 | | inventorying. |
| 14 | | (n) When an owner or operator of a community water supply |
| 15 | | awards a contract under this Section, the owner or operator |
| 16 | | shall make a good faith effort to use contractors and vendors |
| 17 | | owned by minority persons, women, and persons with a |
| 18 | | disability, as those terms are defined in Section 2 of the |
| 19 | | Business Enterprise for Minorities, Women, and Persons with |
| 20 | | Disabilities Act, for not less than 20% of the total |
| 21 | | contracts, provided that: |
| 22 | | (1) contracts representing at least 11% of the total |
| 23 | | projects shall be awarded to minority-owned businesses, as |
| 24 | | defined in Section 2 of the Business Enterprise for |
| 25 | | Minorities, Women, and Persons with Disabilities Act; |
| 26 | | (2) contracts representing at least 7% of the total |
|
| | HB5501 | - 1824 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | projects shall be awarded to women-owned businesses, as |
| 2 | | defined in Section 2 of the Business Enterprise for |
| 3 | | Minorities, Women, and Persons with Disabilities Act; and |
| 4 | | (3) contracts representing at least 2% of the total |
| 5 | | projects shall be awarded to businesses owned by persons |
| 6 | | with a disability. |
| 7 | | Owners or operators of a community water supply are |
| 8 | | encouraged to divide projects, whenever economically feasible, |
| 9 | | into contracts of smaller size that ensure small business |
| 10 | | contractors or vendors shall have the ability to qualify in |
| 11 | | the applicable bidding process, when determining the ability |
| 12 | | to deliver on a given contract based on scope and size, as a |
| 13 | | responsible and responsive bidder. |
| 14 | | When a contractor or vendor submits a bid or letter of |
| 15 | | intent in response to a request for proposal or other bid |
| 16 | | submission, the contractor or vendor shall include with its |
| 17 | | responsive documents a utilization plan that shall address how |
| 18 | | compliance with applicable good faith requirements set forth |
| 19 | | in this subsection shall be addressed. |
| 20 | | Under this subsection, "good faith effort" means
a |
| 21 | | community water supply has taken all necessary steps to comply |
| 22 | | with the goals of this subsection by complying with the |
| 23 | | following: |
| 24 | | (1) Soliciting through reasonable and available means |
| 25 | | the interest of a business, as defined in Section 2 of the |
| 26 | | Business Enterprise for Minorities, Women, and Persons |
|
| | HB5501 | - 1825 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with Disabilities Act, that have the capability to perform |
| 2 | | the work of the contract. The community water supply must |
| 3 | | solicit this interest within sufficient time to allow |
| 4 | | certified businesses to respond. |
| 5 | | (2) Providing interested certified businesses with |
| 6 | | adequate information about the plans, specifications, and |
| 7 | | requirements of the contract, including addenda, in a |
| 8 | | timely manner to assist them in responding to the |
| 9 | | solicitation. |
| 10 | | (3) Meeting in good faith with interested certified |
| 11 | | businesses that have submitted bids. |
| 12 | | (4) Effectively using the services of the State, |
| 13 | | minority or women community organizations, minority or |
| 14 | | women contractor groups, local, State, and federal |
| 15 | | minority or women business assistance offices, and other |
| 16 | | organizations to provide assistance in the recruitment and |
| 17 | | placement of certified businesses. |
| 18 | | (5) Making efforts to use appropriate forums for |
| 19 | | purposes of advertising subcontracting opportunities |
| 20 | | suitable for certified businesses. |
| 21 | | The diversity goals defined in this subsection can be met |
| 22 | | through direct award to diverse contractors and through the |
| 23 | | use of diverse subcontractors and diverse vendors to |
| 24 | | contracts. |
| 25 | | (o) An owner or operator of a community water supply shall |
| 26 | | collect data necessary to ensure compliance with subsection |
|
| | HB5501 | - 1826 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (n) no less than semi-annually and shall include progress |
| 2 | | toward compliance of subsection (n) in the owner or operator's |
| 3 | | report required under subsection (t-5). The report must |
| 4 | | include data on vendor and employee diversity, including data |
| 5 | | on the owner's or operator's implementation of subsection (n). |
| 6 | | (p) Every owner or operator of a community water supply |
| 7 | | that has known or suspected lead service lines shall: |
| 8 | | (1) create a plan to: |
| 9 | | (A) replace each lead service line connected to |
| 10 | | its distribution system; and |
| 11 | | (B) replace each galvanized service line connected |
| 12 | | to its distribution system, if the galvanized service |
| 13 | | line is or was connected downstream to lead piping; |
| 14 | | and |
| 15 | | (2) electronically submit, by April 15, 2024 its |
| 16 | | initial lead service line replacement plan to the Agency; |
| 17 | | (3) electronically submit by April 15 of each year |
| 18 | | after 2024 until April 15, 2027 an updated lead service |
| 19 | | line replacement plan to the Agency for review; the |
| 20 | | updated replacement plan shall account for changes in the |
| 21 | | number of lead service lines or unknown service lines in |
| 22 | | the material inventory described in subsection (d); |
| 23 | | (4) electronically submit by April 15, 2027 a complete |
| 24 | | and final replacement plan to the Agency for approval; the |
| 25 | | complete and final replacement plan shall account for all |
| 26 | | known and suspected lead service lines documented in the |
|
| | HB5501 | - 1827 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | final material inventory described under paragraph (3) of |
| 2 | | subsection (d); and |
| 3 | | (5) post on its website a copy of the plan most |
| 4 | | recently submitted to the Agency or may request that the |
| 5 | | Agency post a copy of that plan on the Agency's website. |
| 6 | | (q) Each plan required under paragraph (1) of subsection |
| 7 | | (p) shall include the following: |
| 8 | | (1) the name and identification number of the |
| 9 | | community water supply; |
| 10 | | (2) the total number of service lines connected to the |
| 11 | | distribution system of the community water supply; |
| 12 | | (3) the total number of suspected lead service lines |
| 13 | | connected to the distribution system of the community |
| 14 | | water supply; |
| 15 | | (4) the total number of known lead service lines |
| 16 | | connected to the distribution system of the community |
| 17 | | water supply; |
| 18 | | (5) the total number of lead service lines connected |
| 19 | | to the distribution system of the community water supply |
| 20 | | that have been replaced each year beginning in 2020; |
| 21 | | (6) a proposed lead service line replacement schedule |
| 22 | | that includes one-year, 5-year, 10-year, 15-year, 20-year, |
| 23 | | 25-year, and 30-year goals; |
| 24 | | (7) an analysis of costs and financing options for |
| 25 | | replacing the lead service lines connected to the |
| 26 | | community water supply's distribution system, which shall |
|
| | HB5501 | - 1828 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | include, but shall not be limited to: |
| 2 | | (A) a detailed accounting of costs associated with |
| 3 | | replacing lead service lines and galvanized lines that |
| 4 | | are or were connected downstream to lead piping; |
| 5 | | (B) measures to address affordability and prevent |
| 6 | | service shut-offs for customers or ratepayers; and |
| 7 | | (C) consideration of different scenarios for |
| 8 | | structuring payments between the utility and its |
| 9 | | customers over time; and |
| 10 | | (8) a plan for prioritizing high-risk facilities, such |
| 11 | | as preschools, day care centers, day care homes, group day |
| 12 | | care homes, parks, playgrounds, hospitals, and clinics, as |
| 13 | | well as high-risk areas identified by the community water |
| 14 | | supply; |
| 15 | | (9) a map of the areas where lead service lines are |
| 16 | | expected to be found and the sequence with which those |
| 17 | | areas will be inventoried and lead service lines replaced; |
| 18 | | (10) measures for how the community water supply will |
| 19 | | inform the public of the plan and provide opportunity for |
| 20 | | public comment; and |
| 21 | | (11) measures to encourage diversity in hiring in the |
| 22 | | workforce required to implement the plan as identified |
| 23 | | under subsection (n). |
| 24 | | (r) The Agency shall review final plans submitted to it |
| 25 | | under subsection (p). The Agency shall approve a final plan if |
| 26 | | the final plan includes all of the elements set forth under |
|
| | HB5501 | - 1829 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | subsection (q) and the Agency determines that: |
| 2 | | (1) the proposed lead service line replacement |
| 3 | | schedule set forth in the plan aligns with the timeline |
| 4 | | requirements set forth under subsection (v); |
| 5 | | (2) the plan prioritizes the replacement of lead |
| 6 | | service lines that provide water service to high-risk |
| 7 | | facilities, such as preschools, day care centers, day care |
| 8 | | homes, group day care homes, parks, playgrounds, |
| 9 | | hospitals, and clinics, and high-risk areas identified by |
| 10 | | the community water supply; |
| 11 | | (3) the plan includes analysis of cost and financing |
| 12 | | options; and |
| 13 | | (4) the plan provides documentation of public review. |
| 14 | | (s) An owner or operator of a community water supply has no |
| 15 | | duty to include in the plans required under subsection (p) |
| 16 | | information about service lines that are physically |
| 17 | | disconnected from a water main in its distribution system. |
| 18 | | (t) If a community water supply does not deliver a |
| 19 | | complete plan to the Agency by April 15, 2027, the community |
| 20 | | water supply may apply to the Agency for an extension no less |
| 21 | | than 3 months prior to the due date. The Agency shall develop |
| 22 | | criteria for granting plan extensions. When considering |
| 23 | | requests for extension, the Agency shall, at a minimum, |
| 24 | | consider: |
| 25 | | (1) the number of service connections in a water |
| 26 | | supply; and |
|
| | HB5501 | - 1830 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) the number of service lines of an unknown material |
| 2 | | composition. |
| 3 | | (t-5) After the Agency has approved the final replacement |
| 4 | | plan described in subsection (p), the owner or operator of a |
| 5 | | community water supply shall submit a report detailing |
| 6 | | progress toward plan goals to the Agency for its review. The |
| 7 | | report shall be submitted annually for the first 10 years, and |
| 8 | | every 3 years thereafter until all lead service lines have |
| 9 | | been replaced. Reports under this subsection shall be |
| 10 | | published in the same manner described in subsection (l). The |
| 11 | | report shall include at least the following information as it |
| 12 | | pertains to the preceding reporting period: |
| 13 | | (1) The number of lead service lines replaced and the |
| 14 | | average cost of lead service line replacement. |
| 15 | | (2) Progress toward meeting hiring requirements as |
| 16 | | described in subsection (n) and subsection (o). |
| 17 | | (3) The percent of customers electing a waiver |
| 18 | | offered, as described in subsections (ii) and (jj), among |
| 19 | | those customers receiving a request or notification to |
| 20 | | perform a lead service line replacement. |
| 21 | | (4) The method or methods used by the community water |
| 22 | | supply to finance lead service line replacement. |
| 23 | | (u) Notwithstanding any other provision of law, in order |
| 24 | | to provide for costs associated with lead service line |
| 25 | | remediation and replacement, the corporate authorities of a |
| 26 | | municipality may, by ordinance or resolution by the corporate |
|
| | HB5501 | - 1831 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authorities, exercise authority provided in Section 27-5 et |
| 2 | | seq. of the Property Tax Code and Sections 8-3-1, 8-11-1, |
| 3 | | 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq., |
| 4 | | 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes |
| 5 | | levied for this purpose shall be in addition to taxes for |
| 6 | | general purposes authorized under Section 8-3-1 of the |
| 7 | | Illinois Municipal Code and shall be included in the taxing |
| 8 | | district's aggregate extension for the purposes of Division 5 |
| 9 | | of Article 18 of the Property Tax Code. |
| 10 | | (v) Every owner or operator of a community water supply |
| 11 | | shall replace all known lead service lines, subject to the |
| 12 | | requirements of subsection (ff), according to the following |
| 13 | | replacement rates and timelines to be calculated from the date |
| 14 | | of submission of the final replacement plan to the Agency: |
| 15 | | (1) A community water supply reporting 1,200 or fewer |
| 16 | | lead service lines in its final inventory and replacement |
| 17 | | plan shall replace all lead service lines, at an annual |
| 18 | | rate of no less than 7% of the amount described in the |
| 19 | | final inventory, with a timeline of up to 15 years for |
| 20 | | completion. |
| 21 | | (2) A community water supply reporting more than 1,200 |
| 22 | | but fewer than 5,000 lead service lines in its final |
| 23 | | inventory and replacement plan shall replace all lead |
| 24 | | service lines, at an annual rate of no less than 6% of the |
| 25 | | amount described in the final inventory, with a timeline |
| 26 | | of up to 17 years for completion. |
|
| | HB5501 | - 1832 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) A community water supply reporting more than 4,999 |
| 2 | | but fewer than 10,000 lead service lines in its final |
| 3 | | inventory and replacement plan shall replace all lead |
| 4 | | service lines, at an annual rate of no less than 5% of the |
| 5 | | amount described in the final inventory, with a timeline |
| 6 | | of up to 20 years for completion. |
| 7 | | (4) A community water supply reporting more than 9,999 |
| 8 | | but fewer than 99,999 lead service lines in its final |
| 9 | | inventory and replacement plan shall replace all lead |
| 10 | | service lines, at an annual rate of no less than 3% of the |
| 11 | | amount described in the final inventory, with a timeline |
| 12 | | of up to 34 years for completion. |
| 13 | | (5) A community water supply reporting more than |
| 14 | | 99,999 lead service lines in its final inventory and |
| 15 | | replacement plan shall replace all lead service lines, at |
| 16 | | an annual rate of no less than 2% of the amount described |
| 17 | | in the final inventory, with a timeline of up to 50 years |
| 18 | | for completion. |
| 19 | | (w) A community water supply may apply to the Agency for an |
| 20 | | extension to the replacement timelines described in paragraphs |
| 21 | | (1) through (5) of subsection (v). The Agency shall develop |
| 22 | | criteria for granting replacement timeline extensions. When |
| 23 | | considering requests for timeline extensions, the Agency |
| 24 | | shall, at a minimum, consider: |
| 25 | | (1) the number of service connections in a water |
| 26 | | supply; and |
|
| | HB5501 | - 1836 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (z) Within 18 months after January 1, 2022 (the effective |
| 2 | | date of Public Act 102-613) this amendatory Act of the 102nd |
| 3 | | General Assembly, the Advisory Board shall deliver a report of |
| 4 | | its recommendations to the Governor and the General Assembly |
| 5 | | concerning opportunities for dedicated, long-term revenue |
| 6 | | options for funding lead service line replacement. In |
| 7 | | submitting recommendations, the Advisory Board shall consider, |
| 8 | | at a minimum, the following: |
| 9 | | (1) the sufficiency of various revenue sources to |
| 10 | | adequately fund replacement of all lead service lines in |
| 11 | | Illinois; |
| 12 | | (2) the financial burden, if any, on households |
| 13 | | falling below 150% of the federal poverty limit; |
| 14 | | (3) revenue options that guarantee low-income |
| 15 | | households are protected from rate increases; |
| 16 | | (4) an assessment of the ability of community water |
| 17 | | supplies to assess and collect revenue; |
| 18 | | (5) variations in financial resources among individual |
| 19 | | households within a service area; and |
| 20 | | (6) the protection of low-income households from rate |
| 21 | | increases. |
| 22 | | (aa) Within 10 years after January 1, 2022 (the effective |
| 23 | | date of Public Act 102-613) this amendatory Act of the 102nd |
| 24 | | General Assembly, the Advisory Board shall prepare and deliver |
| 25 | | a report to the Governor and General Assembly concerning the |
| 26 | | status of all lead service line replacement within the State. |
|
| | HB5501 | - 1837 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (bb) The Lead Service Line Replacement Fund is created as |
| 2 | | a special fund in the State treasury to be used by the Agency |
| 3 | | for the purposes provided under this Section. The Fund shall |
| 4 | | be used exclusively to finance and administer programs and |
| 5 | | activities specified under this Section and listed under this |
| 6 | | subsection. |
| 7 | | The objective of the Fund is to finance activities |
| 8 | | associated with identifying and replacing lead service lines, |
| 9 | | build Agency capacity to oversee the provisions of this |
| 10 | | Section, and provide related assistance for the activities |
| 11 | | listed under this subsection. |
| 12 | | The Agency shall be responsible for the administration of |
| 13 | | the Fund and shall allocate moneys on the basis of priorities |
| 14 | | established by the Agency through administrative rule. On July |
| 15 | | 1, 2022 and on July 1 of each year thereafter, the Agency shall |
| 16 | | determine the available amount of resources in the Fund that |
| 17 | | can be allocated to the activities identified under this |
| 18 | | Section and shall allocate the moneys accordingly. |
| 19 | | Notwithstanding any other law to the contrary, the Lead |
| 20 | | Service Line Replacement Fund is not subject to sweeps, |
| 21 | | administrative charge-backs, or any other fiscal maneuver that |
| 22 | | would in any way transfer any amounts from the Lead Service |
| 23 | | Line Replacement Fund into any other fund of the State. |
| 24 | | (cc) Within one year after January 1, 2022 (the effective |
| 25 | | date of Public Act 102-613) this amendatory Act of the 102 |
| 26 | | General Assembly, the Agency shall design rules for a program |
|
| | HB5501 | - 1838 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for the purpose of administering lead service line replacement |
| 2 | | funds. The rules must, at minimum, contain: |
| 3 | | (1) the process by which community water supplies may |
| 4 | | apply for funding; and |
| 5 | | (2) the criteria for determining unit of local |
| 6 | | government eligibility and prioritization for funding, |
| 7 | | including the prevalence of low-income households, as |
| 8 | | measured by median household income, the prevalence of |
| 9 | | lead service lines, and the prevalence of water samples |
| 10 | | that demonstrate elevated levels of lead. |
| 11 | | (dd) Funding under subsection (cc) shall be available for |
| 12 | | costs directly attributable to the planning, design, or |
| 13 | | construction directly related to the replacement of lead |
| 14 | | service lines and restoration of property. |
| 15 | | Funding shall not be used for the general operating |
| 16 | | expenses of a municipality or community water supply. |
| 17 | | (ee) An owner or operator of any community water supply |
| 18 | | receiving grant funding under subsection (cc) shall bear the |
| 19 | | entire expense of full lead service line replacement for all |
| 20 | | lead service lines in the scope of the grant. |
| 21 | | (ff) When replacing a lead service line, the owner or |
| 22 | | operator of the community water supply shall replace the |
| 23 | | service line in its entirety, including, but not limited to, |
| 24 | | any portion of the service line (i) running on private |
| 25 | | property and (ii) within the building's plumbing at the first |
| 26 | | shut-off valve. Partial lead service line replacements are |
|
| | HB5501 | - 1839 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | expressly prohibited. Exceptions shall be made under the |
| 2 | | following circumstances: |
| 3 | | (1) In the event of an emergency repair that affects a |
| 4 | | lead service line or a suspected lead service line, a |
| 5 | | community water supply must contact the building owner to |
| 6 | | begin the process of replacing the entire service line. If |
| 7 | | the building owner is not able to be contacted or the |
| 8 | | building owner or occupant refuses to grant access and |
| 9 | | permission to replace the entire service line at the time |
| 10 | | of the emergency repair, then the community water supply |
| 11 | | may perform a partial lead service line replacement. Where |
| 12 | | an emergency repair on a service line constructed of lead |
| 13 | | or galvanized steel pipe results in a partial service line |
| 14 | | replacement, the water supply responsible for commencing |
| 15 | | the repair shall perform the following: |
| 16 | | (A) Notify the building's owner or operator and |
| 17 | | the resident or residents served by the lead service |
| 18 | | line in writing that a repair has been completed. The |
| 19 | | notification shall include, at a minimum: |
| 20 | | (i) a warning that the work may result in |
| 21 | | sediment, possibly containing lead, in the |
| 22 | | buildings water supply system; |
| 23 | | (ii) information concerning practices for |
| 24 | | preventing the consumption of any lead in drinking |
| 25 | | water, including a recommendation to flush water |
| 26 | | distribution pipe during and after the completion |
|
| | HB5501 | - 1840 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the repair or replacement work and to clean |
| 2 | | faucet aerator screens; and |
| 3 | | (iii) information regarding the dangers of |
| 4 | | lead to young children and pregnant women. |
| 5 | | (B) Provide filters for at least one fixture |
| 6 | | supplying potable water for consumption. The filter |
| 7 | | must be certified by an accredited third-party |
| 8 | | certification body to NSF/ANSI 53 and NSF/ANSI 42 for |
| 9 | | the reduction of lead and particulate. The filter must |
| 10 | | be provided until such time that the remaining |
| 11 | | portions of the service line have been replaced with a |
| 12 | | material approved by the Department or a waiver has |
| 13 | | been issued under subsection (ii). |
| 14 | | (C) Replace the remaining portion of the lead |
| 15 | | service line within 30 days of the repair, or 120 days |
| 16 | | in the event of weather or other circumstances beyond |
| 17 | | reasonable control that prohibits construction. If a |
| 18 | | complete lead service line replacement cannot be made |
| 19 | | within the required period, the community water supply |
| 20 | | responsible for commencing the repair shall notify the |
| 21 | | Department in writing, at a minimum, of the following |
| 22 | | within 24 hours of the repair: |
| 23 | | (i) an explanation of why it is not feasible |
| 24 | | to replace the remaining portion of the lead |
| 25 | | service line within the allotted time; and |
| 26 | | (ii) a timeline for when the remaining portion |
|
| | HB5501 | - 1841 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the lead service line will be replaced. |
| 2 | | (D) If complete repair of a lead service line |
| 3 | | cannot be completed due to denial by the property |
| 4 | | owner, the community water supply commencing the |
| 5 | | repair shall request the affected property owner to |
| 6 | | sign a waiver developed by the Department. If a |
| 7 | | property owner of a nonresidential building or |
| 8 | | residence operating as rental properties denies a |
| 9 | | complete lead service line replacement, the property |
| 10 | | owner shall be responsible for installing and |
| 11 | | maintaining point-of-use filters certified by an |
| 12 | | accredited third-party certification body to NSF/ANSI |
| 13 | | 53 and NSF/ANSI 42 for the reduction of lead and |
| 14 | | particulate at all fixtures intended to supply water |
| 15 | | for the purposes of drinking, food preparation, or |
| 16 | | making baby formula. The filters shall continue to be |
| 17 | | supplied by the property owner until such time that |
| 18 | | the property owner has affected the remaining portions |
| 19 | | of the lead service line to be replaced. |
| 20 | | (E) Document any remaining lead service line, |
| 21 | | including a portion on the private side of the |
| 22 | | property, in the community water supply's distribution |
| 23 | | system materials inventory required under subsection |
| 24 | | (d). |
| 25 | | For the purposes of this paragraph (1), written notice |
| 26 | | shall be provided in the method and according to the |
|
| | HB5501 | - 1842 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provisions of subsection (jj). |
| 2 | | (2) Lead service lines that are physically |
| 3 | | disconnected from the distribution system are exempt from |
| 4 | | this subsection. |
| 5 | | (gg) Except as provided in subsection (hh), on and after |
| 6 | | January 1, 2022, when the owner or operator of a community |
| 7 | | water supply replaces a water main, the community water supply |
| 8 | | shall identify all lead service lines connected to the water |
| 9 | | main and shall replace the lead service lines by: |
| 10 | | (1) identifying the material or materials of each lead |
| 11 | | service line connected to the water main, including, but |
| 12 | | not limited to, any portion of the service line (i) |
| 13 | | running on private property and (ii) within the building |
| 14 | | plumbing at the first shut-off valve or 18 inches inside |
| 15 | | the building, whichever is shorter; |
| 16 | | (2) in conjunction with replacement of the water main, |
| 17 | | replacing any and all portions of each lead service line |
| 18 | | connected to the water main that are composed of lead; and |
| 19 | | (3) if a property owner or customer refuses to grant |
| 20 | | access to the property, following prescribed notice |
| 21 | | provisions as outlined in subsection (ff). |
| 22 | | If an owner of a potentially affected building intends to |
| 23 | | replace a portion of a lead service line or a galvanized |
| 24 | | service line and the galvanized service line is or was |
| 25 | | connected downstream to lead piping, then the owner of the |
| 26 | | potentially affected building shall provide the owner or |
|
| | HB5501 | - 1843 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | operator of the community water supply with notice at least 45 |
| 2 | | days before commencing the work. In the case of an emergency |
| 3 | | repair, the owner of the potentially affected building must |
| 4 | | provide filters for each kitchen area that are certified by an |
| 5 | | accredited third-party certification body to NSF/ANSI 53 and |
| 6 | | NSF/ANSI 42 for the reduction of lead and particulate. If the |
| 7 | | owner of the potentially affected building notifies the owner |
| 8 | | or operator of the community water supply that replacement of |
| 9 | | a portion of the lead service line after the emergency repair |
| 10 | | is completed, then the owner or operator of the community |
| 11 | | water supply shall replace the remainder of the lead service |
| 12 | | line within 30 days after completion of the emergency repair. |
| 13 | | A community water supply may take up to 120 days if necessary |
| 14 | | due to weather conditions. If a replacement takes longer than |
| 15 | | 30 days, filters provided by the owner of the potentially |
| 16 | | affected building must be replaced in accordance with the |
| 17 | | manufacturer's recommendations. Partial lead service line |
| 18 | | replacements by the owners of potentially affected buildings |
| 19 | | are otherwise prohibited. |
| 20 | | (hh) For municipalities with a population in excess of |
| 21 | | 1,000,000 inhabitants, the requirements of subsection (gg) |
| 22 | | shall commence on January 1, 2023. |
| 23 | | (ii) At least 45 days before conducting planned lead |
| 24 | | service line replacement, the owner or operator of a community |
| 25 | | water supply shall, by mail, attempt to contact the owner of |
| 26 | | the potentially affected building serviced by the lead service |
|
| | HB5501 | - 1844 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | line to request access to the building and permission to |
| 2 | | replace the lead service line in accordance with the lead |
| 3 | | service line replacement plan. If the owner of the potentially |
| 4 | | affected building does not respond to the request within 15 |
| 5 | | days after the request is sent, the owner or operator of the |
| 6 | | community water supply shall attempt to post the request on |
| 7 | | the entrance of the potentially affected building. |
| 8 | | If the owner or operator of a community water supply is |
| 9 | | unable to obtain approval to access and replace a lead service |
| 10 | | line, the owner or operator of the community water supply |
| 11 | | shall request that the owner of the potentially affected |
| 12 | | building sign a waiver. The waiver shall be developed by the |
| 13 | | Department and should be made available in the owner's |
| 14 | | language. If the owner of the potentially affected building |
| 15 | | refuses to sign the waiver or fails to respond to the community |
| 16 | | water supply after the community water supply has complied |
| 17 | | with this subsection, then the community water supply shall |
| 18 | | notify the Department in writing within 15 working days. |
| 19 | | (jj) When replacing a lead service line or repairing or |
| 20 | | replacing water mains with lead service lines or partial lead |
| 21 | | service lines attached to them, the owner or operator of a |
| 22 | | community water supply shall provide the owner of each |
| 23 | | potentially affected building that is serviced by the affected |
| 24 | | lead service lines or partial lead service lines, as well as |
| 25 | | the occupants of those buildings, with an individual written |
| 26 | | notice. The notice shall be delivered by mail or posted at the |
|
| | HB5501 | - 1845 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | primary entranceway of the building. The notice may, in |
| 2 | | addition, be electronically mailed. Written notice shall |
| 3 | | include, at a minimum, the following: |
| 4 | | (1) a warning that the work may result in sediment, |
| 5 | | possibly containing lead from the service line, in the |
| 6 | | building's water; |
| 7 | | (2) information concerning the best practices for |
| 8 | | preventing exposure to or risk of consumption of lead in |
| 9 | | drinking water, including a recommendation to flush water |
| 10 | | lines during and after the completion of the repair or |
| 11 | | replacement work and to clean faucet aerator screens; and |
| 12 | | (3) information regarding the dangers of lead exposure |
| 13 | | to young children and pregnant women. |
| 14 | | When the individual written notice described in the first |
| 15 | | paragraph of this subsection is required as a result of |
| 16 | | planned work other than the repair or replacement of a water |
| 17 | | meter, the owner or operator of the community water supply |
| 18 | | shall provide the notice not less than 14 days before work |
| 19 | | begins. When the individual written notice described in the |
| 20 | | first paragraph of this subsection is required as a result of |
| 21 | | emergency repairs other than the repair or replacement of a |
| 22 | | water meter, the owner or operator of the community water |
| 23 | | supply shall provide the notice at the time the work is |
| 24 | | initiated. When the individual written notice described in the |
| 25 | | first paragraph of this subsection is required as a result of |
| 26 | | the repair or replacement of a water meter, the owner or |
|
| | HB5501 | - 1846 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | operator of the community water supply shall provide the |
| 2 | | notice at the time the work is initiated. |
| 3 | | The notifications required under this subsection must |
| 4 | | contain the following
statement in the Spanish, Polish, |
| 5 | | Chinese, Tagalog, Arabic, Korean, German, Urdu, and
Gujarati:
|
| 6 | | "This notice contains important information about your water |
| 7 | | service and may affect your
rights. We encourage you to have |
| 8 | | this notice translated in full into a language you
understand |
| 9 | | and before you make any decisions that may be required under |
| 10 | | this notice." |
| 11 | | An owner or operator of a community water supply that is |
| 12 | | required under this subsection to provide an individual |
| 13 | | written notice to the owner and occupant of a potentially |
| 14 | | affected building that is a multi-dwelling building may |
| 15 | | satisfy that requirement and the requirements of this |
| 16 | | subsection regarding notification to non-English speaking |
| 17 | | customers by posting the required notice on the primary |
| 18 | | entranceway of the building and at the location where the |
| 19 | | occupant's mail is delivered as reasonably as possible. |
| 20 | | When this subsection would require the owner or operator |
| 21 | | of a community water supply to provide an individual written |
| 22 | | notice to the entire community served by the community water |
| 23 | | supply or would require the owner or operator of a community |
| 24 | | water supply to provide individual written notices as a result |
| 25 | | of emergency repairs or when the community water supply that |
| 26 | | is required to comply with this subsection is a small system, |
|
| | HB5501 | - 1847 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the owner or operator of the community water supply may |
| 2 | | provide the required notice through local media outlets, |
| 3 | | social media, or other similar means in lieu of providing the |
| 4 | | individual written notices otherwise required under this |
| 5 | | subsection. |
| 6 | | No notifications are required under this subsection for |
| 7 | | work performed on water mains that are used to transmit |
| 8 | | treated water between community water supplies and properties |
| 9 | | that have no service connections. |
| 10 | | (kk) No community water supply that sells water to any |
| 11 | | wholesale or retail consecutive community water supply may |
| 12 | | pass on any costs associated with compliance with this Section |
| 13 | | to consecutive systems. |
| 14 | | (ll) To the extent allowed by law, when a community water |
| 15 | | supply replaces or installs a lead service line in a public |
| 16 | | right-of-way or enters into an agreement with a private |
| 17 | | contractor for replacement or installation of a lead service |
| 18 | | line, the community water supply shall be held harmless for |
| 19 | | all damage to property when replacing or installing the lead |
| 20 | | service line. If dangers are encountered that prevent the |
| 21 | | replacement of the lead service line, the community water |
| 22 | | supply shall notify the Department within 15 working days of |
| 23 | | why the replacement of the lead service line could not be |
| 24 | | accomplished. |
| 25 | | (mm) The Agency may propose to the Board, and the Board may |
| 26 | | adopt, any rules necessary to implement and administer this |
|
| | HB5501 | - 1848 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section. The Department may adopt rules necessary to address |
| 2 | | lead service lines attached to non-community noncommunity |
| 3 | | water supplies. |
| 4 | | (nn) Notwithstanding any other provision in this Section, |
| 5 | | no requirement in this Section shall be construed as being |
| 6 | | less stringent than existing applicable federal requirements. |
| 7 | | (oo) All lead service line replacements financed in whole |
| 8 | | or in part with funds obtained under this Section shall be |
| 9 | | considered public works for purposes of the Prevailing Wage |
| 10 | | Act.
|
| 11 | | (Source: P.A. 102-613, eff. 1-1-22; revised 12-1-21.)
|
| 12 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
|
| 13 | | Sec. 21. Prohibited acts. No person shall:
|
| 14 | | (a) Cause or allow the open dumping of any waste.
|
| 15 | | (b) Abandon, dump, or deposit any waste upon the public |
| 16 | | highways or
other public property, except in a sanitary |
| 17 | | landfill approved by the
Agency pursuant to regulations |
| 18 | | adopted by the Board.
|
| 19 | | (c) Abandon any vehicle in violation of the "Abandoned |
| 20 | | Vehicles
Amendment to the Illinois Vehicle Code", as enacted |
| 21 | | by the 76th General
Assembly.
|
| 22 | | (d) Conduct any waste-storage, waste-treatment, or |
| 23 | | waste-disposal
operation:
|
| 24 | | (1) without a permit granted by the Agency or in |
| 25 | | violation of any
conditions imposed by such permit, |
|
| | HB5501 | - 1849 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | including periodic reports and full
access to adequate |
| 2 | | records and the inspection of facilities, as may be
|
| 3 | | necessary to assure compliance with this Act and with |
| 4 | | regulations and
standards adopted thereunder; provided, |
| 5 | | however, that, except for municipal
solid waste landfill |
| 6 | | units that receive waste on or after October 9, 1993, and |
| 7 | | CCR surface impoundments,
no permit shall be
required for |
| 8 | | (i) any person conducting a waste-storage, |
| 9 | | waste-treatment, or
waste-disposal operation for wastes |
| 10 | | generated by such person's own
activities which are |
| 11 | | stored, treated, or disposed within the site where
such |
| 12 | | wastes are generated, (ii) until one year after the |
| 13 | | effective date of rules adopted by the Board under |
| 14 | | subsection (n) of Section 22.38,
a facility located in a |
| 15 | | county with a
population over 700,000 as of January 1, |
| 16 | | 2000, operated and located in accordance with
Section |
| 17 | | 22.38 of this Act, and used exclusively for the transfer, |
| 18 | | storage, or
treatment of general construction or |
| 19 | | demolition debris, provided that the facility was |
| 20 | | receiving construction or demolition debris on August 24, |
| 21 | | 2009 (the effective date of Public Act 96-611), or (iii) |
| 22 | | any person conducting a waste transfer, storage, |
| 23 | | treatment, or disposal operation, including, but not |
| 24 | | limited to, a waste transfer or waste composting |
| 25 | | operation, under a mass animal mortality event plan |
| 26 | | created by the Department of Agriculture;
|
|
| | HB5501 | - 1850 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) in violation of any regulations or standards |
| 2 | | adopted by the
Board under this Act;
|
| 3 | | (3) which receives waste after August 31, 1988, does |
| 4 | | not have a permit
issued by the Agency, and is (i) a |
| 5 | | landfill used exclusively for the
disposal of waste |
| 6 | | generated at the site, (ii) a surface impoundment
|
| 7 | | receiving special waste not listed in an NPDES permit, |
| 8 | | (iii) a waste pile
in which the total volume of waste is |
| 9 | | greater than 100 cubic yards or the
waste is stored for |
| 10 | | over one year, or (iv) a land treatment facility
receiving |
| 11 | | special waste generated at the site; without giving notice |
| 12 | | of the
operation to the Agency by January 1, 1989, or 30 |
| 13 | | days after the date on
which the operation commences, |
| 14 | | whichever is later, and every 3 years
thereafter. The form |
| 15 | | for such notification shall be specified by the
Agency, |
| 16 | | and shall be limited to information regarding: the name |
| 17 | | and address
of the location of the operation; the type of |
| 18 | | operation; the types and
amounts of waste stored, treated |
| 19 | | or disposed of on an annual basis; the
remaining capacity |
| 20 | | of the operation; and the remaining expected life of
the |
| 21 | | operation.
|
| 22 | | Item (3) of this subsection (d) shall not apply to any |
| 23 | | person
engaged in agricultural activity who is disposing of a |
| 24 | | substance that
constitutes solid waste, if the substance was |
| 25 | | acquired for use by that
person on his own property, and the |
| 26 | | substance is disposed of on his own
property in accordance |
|
| | HB5501 | - 1851 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with regulations or standards adopted by the Board.
|
| 2 | | This subsection (d) shall not apply to hazardous waste.
|
| 3 | | (e) Dispose, treat, store or abandon any waste, or |
| 4 | | transport any waste
into this State for disposal, treatment, |
| 5 | | storage or abandonment, except at
a site or facility which |
| 6 | | meets the requirements of this Act and of
regulations and |
| 7 | | standards thereunder.
|
| 8 | | (f) Conduct any hazardous waste-storage, hazardous |
| 9 | | waste-treatment or
hazardous waste-disposal operation:
|
| 10 | | (1) without a RCRA permit for the site issued by the |
| 11 | | Agency under
subsection (d) of Section 39 of this Act, or |
| 12 | | in violation of any condition
imposed by such permit, |
| 13 | | including periodic reports and full access to
adequate |
| 14 | | records and the inspection of facilities, as may be |
| 15 | | necessary to
assure compliance with this Act and with |
| 16 | | regulations and standards adopted
thereunder; or
|
| 17 | | (2) in violation of any regulations or standards |
| 18 | | adopted by the Board
under this Act; or
|
| 19 | | (3) in violation of any RCRA permit filing requirement |
| 20 | | established under
standards adopted by the Board under |
| 21 | | this Act; or
|
| 22 | | (4) in violation of any order adopted by the Board |
| 23 | | under this Act.
|
| 24 | | Notwithstanding the above, no RCRA permit shall be |
| 25 | | required under this
subsection or subsection (d) of Section 39 |
| 26 | | of this Act for any
person engaged in agricultural activity |
|
| | HB5501 | - 1852 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | who is disposing of a substance
which has been identified as a |
| 2 | | hazardous waste, and which has been
designated by Board |
| 3 | | regulations as being subject to this exception, if the
|
| 4 | | substance was acquired for use by that person on his own |
| 5 | | property and the
substance is disposed of on his own property |
| 6 | | in accordance with regulations
or standards adopted by the |
| 7 | | Board.
|
| 8 | | (g) Conduct any hazardous waste-transportation operation:
|
| 9 | | (1) without registering with and obtaining a special |
| 10 | | waste hauling permit from the Agency in
accordance with |
| 11 | | the regulations adopted by the Board under this Act; or
|
| 12 | | (2) in violation of any regulations or standards |
| 13 | | adopted by
the
Board under this Act.
|
| 14 | | (h) Conduct any hazardous waste-recycling or hazardous |
| 15 | | waste-reclamation
or hazardous waste-reuse operation in |
| 16 | | violation of any regulations, standards
or permit requirements |
| 17 | | adopted by the Board under this Act.
|
| 18 | | (i) Conduct any process or engage in any act which |
| 19 | | produces hazardous
waste in violation of any regulations or |
| 20 | | standards adopted by the Board
under subsections (a) and (c) |
| 21 | | of Section 22.4 of this Act.
|
| 22 | | (j) Conduct any special waste-transportation operation in |
| 23 | | violation
of any regulations, standards or permit requirements |
| 24 | | adopted by the Board
under this Act. However, sludge from a |
| 25 | | water or sewage treatment plant
owned and operated by a unit of |
| 26 | | local government which (1) is subject to a
sludge management |
|
| | HB5501 | - 1853 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | plan approved by the Agency or a permit granted by the
Agency, |
| 2 | | and (2) has been tested and determined not to be a hazardous |
| 3 | | waste
as required by applicable State and federal laws and |
| 4 | | regulations, may be
transported in this State without a |
| 5 | | special waste hauling permit, and the
preparation and carrying |
| 6 | | of a manifest shall not be required for such
sludge under the |
| 7 | | rules of the Pollution Control Board. The unit of local
|
| 8 | | government which operates the treatment plant producing such |
| 9 | | sludge shall
file an annual report with the Agency identifying |
| 10 | | the volume of such
sludge transported during the reporting |
| 11 | | period, the hauler of the sludge,
and the disposal sites to |
| 12 | | which it was transported. This subsection (j)
shall not apply |
| 13 | | to hazardous waste.
|
| 14 | | (k) Fail or refuse to pay any fee imposed under this Act.
|
| 15 | | (l) Locate a hazardous waste disposal site above an active |
| 16 | | or
inactive shaft or tunneled mine or within 2 miles of an |
| 17 | | active fault in
the earth's crust. In counties of population |
| 18 | | less than 225,000 no
hazardous waste disposal site shall be |
| 19 | | located (1) within 1 1/2 miles of
the corporate limits as |
| 20 | | defined on June 30, 1978, of any municipality
without the |
| 21 | | approval of the governing body of the municipality in an
|
| 22 | | official action; or (2) within 1000 feet of an existing |
| 23 | | private well or
the existing source of a public water supply |
| 24 | | measured from the boundary
of the actual active permitted site |
| 25 | | and excluding existing private wells
on the property of the |
| 26 | | permit applicant. The provisions of this
subsection do not |
|
| | HB5501 | - 1856 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (5) proliferation of disease vectors;
|
| 2 | | (6) standing or flowing liquid discharge from the dump |
| 3 | | site;
|
| 4 | | (7) deposition of:
|
| 5 | | (i) general construction or demolition debris as |
| 6 | | defined in Section
3.160(a) of this Act; or
|
| 7 | | (ii) clean construction or demolition debris as |
| 8 | | defined in Section
3.160(b) of this Act.
|
| 9 | | The prohibitions specified in this subsection (p) shall be
|
| 10 | | enforceable by the Agency either by administrative citation |
| 11 | | under Section
31.1 of this Act or as otherwise provided by this |
| 12 | | Act. The specific
prohibitions in this subsection do not limit |
| 13 | | the power of the Board to
establish regulations or standards |
| 14 | | applicable to open dumping.
|
| 15 | | (q) Conduct a landscape waste composting operation without |
| 16 | | an Agency
permit, provided, however, that no permit shall be |
| 17 | | required for any person:
|
| 18 | | (1) conducting a landscape waste composting operation |
| 19 | | for landscape
wastes generated by such person's own |
| 20 | | activities which are stored, treated,
or disposed of |
| 21 | | within the site where such wastes are generated; or
|
| 22 | | (1.5) conducting a landscape waste composting |
| 23 | | operation that (i) has no more than 25 cubic yards of |
| 24 | | landscape waste, composting additives, composting |
| 25 | | material, or end-product compost on-site at any one time |
| 26 | | and (ii) is not engaging in commercial activity; or |
|
| | HB5501 | - 1857 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) applying landscape waste or composted landscape |
| 2 | | waste at agronomic
rates; or
|
| 3 | | (2.5) operating a landscape waste composting facility |
| 4 | | at a site having 10 or more occupied non-farm residences |
| 5 | | within 1/2 mile of its boundaries, if the facility meets |
| 6 | | all of the following criteria: |
| 7 | | (A) the composting facility is operated by the |
| 8 | | farmer on property on which the composting material is |
| 9 | | utilized, and the composting facility
constitutes no |
| 10 | | more than 2% of the site's total acreage; |
| 11 | | (A-5) any composting additives that the composting |
| 12 | | facility accepts and uses at the facility are |
| 13 | | necessary to provide proper conditions for composting |
| 14 | | and do not exceed 10% of the total composting material |
| 15 | | at the facility at any one time; |
| 16 | | (B) the property on which the composting facility |
| 17 | | is located, and any associated property on which the |
| 18 | | compost is used, is principally and diligently devoted |
| 19 | | to the production of agricultural crops and is not |
| 20 | | owned, leased, or otherwise controlled by any waste |
| 21 | | hauler or generator of nonagricultural compost |
| 22 | | materials, and the operator of the composting facility |
| 23 | | is not an employee, partner, shareholder, or in any |
| 24 | | way connected with or controlled by any such waste |
| 25 | | hauler or generator; |
| 26 | | (C) all compost generated by the composting |
|
| | HB5501 | - 1858 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | facility is applied at agronomic rates and used as |
| 2 | | mulch, fertilizer, or soil conditioner on land |
| 3 | | actually farmed by the person operating the composting |
| 4 | | facility, and the finished compost is not stored at |
| 5 | | the composting site for a period longer than 18 months |
| 6 | | prior to its application as mulch, fertilizer, or soil |
| 7 | | conditioner; |
| 8 | | (D) no fee is charged for the acceptance of |
| 9 | | materials to be composted at the facility; and |
| 10 | | (E) the owner or operator, by January 1, 2014 (or |
| 11 | | the January 1
following commencement of operation, |
| 12 | | whichever is later) and January 1 of
each year |
| 13 | | thereafter, registers the site with the Agency, (ii) |
| 14 | | reports to the Agency on the volume of composting |
| 15 | | material received and used at the site; (iii) |
| 16 | | certifies to the Agency that the site complies with |
| 17 | | the
requirements set forth in subparagraphs (A), |
| 18 | | (A-5), (B), (C), and (D) of this paragraph
(2.5); and |
| 19 | | (iv) certifies to the Agency that all composting |
| 20 | | material was placed more than 200 feet from the |
| 21 | | nearest potable water supply well, was placed outside |
| 22 | | the boundary of the 10-year floodplain or on a part of |
| 23 | | the site that is floodproofed, was placed at least 1/4 |
| 24 | | mile from the nearest residence (other than a |
| 25 | | residence located on the same property as the |
| 26 | | facility) or a lesser distance from the nearest |
|
| | HB5501 | - 1859 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | residence (other than a residence located on the same |
| 2 | | property as the facility) if the municipality in which |
| 3 | | the facility is located has by ordinance approved a |
| 4 | | lesser distance than 1/4 mile, and was placed more |
| 5 | | than 5 feet above the water table; any ordinance |
| 6 | | approving a residential setback of less than 1/4 mile |
| 7 | | that is used to meet the requirements of this |
| 8 | | subparagraph (E) of paragraph (2.5) of this subsection |
| 9 | | must specifically reference this paragraph; or |
| 10 | | (3) operating a landscape waste composting facility on |
| 11 | | a farm, if the
facility meets all of the following |
| 12 | | criteria:
|
| 13 | | (A) the composting facility is operated by the |
| 14 | | farmer on property on
which the composting material is |
| 15 | | utilized, and the composting facility
constitutes no |
| 16 | | more than 2% of the property's total acreage, except |
| 17 | | that
the Board may allow a higher percentage for |
| 18 | | individual sites where the owner
or operator has |
| 19 | | demonstrated to the Board that the site's soil
|
| 20 | | characteristics or crop needs require a higher rate;
|
| 21 | | (A-1) the composting facility accepts from other |
| 22 | | agricultural operations for composting with landscape |
| 23 | | waste no materials other than uncontaminated and |
| 24 | | source-separated (i) crop residue and other |
| 25 | | agricultural plant residue generated from the |
| 26 | | production and harvesting of crops and other customary |
|
| | HB5501 | - 1860 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | farm practices, including, but not limited to, stalks, |
| 2 | | leaves, seed pods, husks, bagasse, and roots and (ii) |
| 3 | | plant-derived animal bedding, such as straw or |
| 4 | | sawdust, that is free of manure and was not made from |
| 5 | | painted or treated wood; |
| 6 | | (A-2) any composting additives that the composting |
| 7 | | facility accepts and uses at the facility are |
| 8 | | necessary to provide proper conditions for composting |
| 9 | | and do not exceed 10% of the total composting material |
| 10 | | at the facility at any one time; |
| 11 | | (B) the property on which the composting facility |
| 12 | | is located, and any
associated property on which the |
| 13 | | compost is used, is principally and
diligently devoted |
| 14 | | to the production of agricultural crops and
is not |
| 15 | | owned, leased or otherwise controlled by any waste |
| 16 | | hauler
or generator of nonagricultural compost |
| 17 | | materials, and the operator of the
composting facility |
| 18 | | is not an employee, partner, shareholder, or in any |
| 19 | | way
connected with or controlled by any such waste |
| 20 | | hauler or generator;
|
| 21 | | (C) all compost generated by the composting |
| 22 | | facility is applied at
agronomic rates and used as |
| 23 | | mulch, fertilizer or soil conditioner on land
actually |
| 24 | | farmed by the person operating the composting |
| 25 | | facility, and the
finished compost is not stored at |
| 26 | | the composting site for a period longer
than 18 months |
|
| | HB5501 | - 1861 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | prior to its application as mulch, fertilizer, or soil |
| 2 | | conditioner;
|
| 3 | | (D) the owner or operator, by January 1 of
each |
| 4 | | year, (i) registers the site with the Agency, (ii) |
| 5 | | reports
to the Agency on the volume of composting |
| 6 | | material received and used at the
site, (iii) |
| 7 | | certifies to the Agency that the site complies with |
| 8 | | the
requirements set forth in subparagraphs (A), |
| 9 | | (A-1), (A-2), (B), and (C) of this paragraph
(q)(3), |
| 10 | | and (iv) certifies to the Agency that all composting |
| 11 | | material: |
| 12 | | (I) was
placed more than 200 feet from the |
| 13 | | nearest potable water supply well; |
| 14 | | (II) was
placed outside the boundary of the |
| 15 | | 10-year floodplain or on a part of the
site that is |
| 16 | | floodproofed; |
| 17 | | (III) was placed either (aa) at least 1/4 mile |
| 18 | | from the nearest
residence (other than a residence |
| 19 | | located on the same property as the
facility) and |
| 20 | | there are not more than 10 occupied non-farm |
| 21 | | residences
within 1/2 mile of the boundaries of |
| 22 | | the site on the date of application or (bb) a |
| 23 | | lesser distance from the nearest residence (other |
| 24 | | than a residence located on the same property as |
| 25 | | the facility) provided that the municipality or |
| 26 | | county in which the facility is located has by |
|
| | HB5501 | - 1863 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) such waste is stored or disposed of at a site or
|
| 2 | | facility which is
operating under NPDES and Subtitle D |
| 3 | | permits issued by the Agency pursuant
to regulations |
| 4 | | adopted by the Board for mine-related water pollution and
|
| 5 | | permits issued pursuant to the federal Surface Mining |
| 6 | | Control and
Reclamation Act of 1977 (P.L. 95-87) or the |
| 7 | | rules and regulations
thereunder or any law or rule or |
| 8 | | regulation adopted by the State of
Illinois pursuant |
| 9 | | thereto, and the owner or operator of the facility agrees
|
| 10 | | to accept the waste; and either:
|
| 11 | | (i) such waste is stored or disposed of in |
| 12 | | accordance
with requirements
applicable to refuse |
| 13 | | disposal under regulations adopted by the Board for
|
| 14 | | mine-related water pollution and pursuant to NPDES and |
| 15 | | Subtitle D permits
issued by the Agency under such |
| 16 | | regulations; or
|
| 17 | | (ii) the owner or operator of the facility |
| 18 | | demonstrates all of the
following to the Agency, and |
| 19 | | the facility is operated in accordance with
the |
| 20 | | demonstration as approved by the Agency: (1) the |
| 21 | | disposal area will be
covered in a manner that will |
| 22 | | support continuous vegetation, (2) the
facility will |
| 23 | | be adequately protected from wind and water erosion, |
| 24 | | (3) the
pH will be maintained so as to prevent |
| 25 | | excessive leaching of metal ions,
and (4) adequate |
| 26 | | containment or other measures will be provided to |
|
| | HB5501 | - 1864 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | protect
surface water and groundwater from |
| 2 | | contamination at levels prohibited by
this Act, the |
| 3 | | Illinois Groundwater Protection Act, or regulations |
| 4 | | adopted
pursuant thereto.
|
| 5 | | Notwithstanding any other provision of this Title, the |
| 6 | | disposal of coal
combustion waste pursuant to item (2) or (3) |
| 7 | | of this
subdivision (r) shall
be exempt from the other |
| 8 | | provisions of this Title V, and notwithstanding
the provisions |
| 9 | | of Title X of this Act, the Agency is authorized to grant
|
| 10 | | experimental permits which include provision for the disposal |
| 11 | | of
wastes from the combustion of coal and other materials |
| 12 | | pursuant to items
(2) and (3) of this subdivision (r).
|
| 13 | | (s) After April 1, 1989, offer for transportation, |
| 14 | | transport, deliver,
receive or accept special waste for which |
| 15 | | a manifest is required, unless
the manifest indicates that the |
| 16 | | fee required under Section 22.8 of this
Act has been paid.
|
| 17 | | (t) Cause or allow a lateral expansion of a municipal |
| 18 | | solid waste landfill
unit on or after October 9, 1993, without |
| 19 | | a permit modification, granted by the
Agency, that authorizes |
| 20 | | the lateral expansion.
|
| 21 | | (u) Conduct any vegetable by-product treatment, storage, |
| 22 | | disposal or
transportation operation in violation of any |
| 23 | | regulation, standards or permit
requirements adopted by the |
| 24 | | Board under this Act. However, no permit shall be
required |
| 25 | | under this Title V for the land application of vegetable |
| 26 | | by-products
conducted pursuant to Agency permit issued under |
|
| | HB5501 | - 1865 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Title III of this Act to
the generator of the vegetable |
| 2 | | by-products. In addition, vegetable by-products
may be |
| 3 | | transported in this State without a special waste hauling |
| 4 | | permit, and
without the preparation and carrying of a |
| 5 | | manifest.
|
| 6 | | (v) (Blank).
|
| 7 | | (w) Conduct any generation, transportation, or recycling |
| 8 | | of construction or
demolition debris, clean or general, or |
| 9 | | uncontaminated soil generated during
construction, remodeling, |
| 10 | | repair, and demolition of utilities, structures, and
roads |
| 11 | | that is not commingled with any waste, without the maintenance |
| 12 | | of
documentation identifying the hauler, generator, place of |
| 13 | | origin of the debris
or soil, the weight or volume of the |
| 14 | | debris or soil, and the location, owner,
and operator of the |
| 15 | | facility where the debris or soil was transferred,
disposed, |
| 16 | | recycled, or treated. This documentation must be maintained by |
| 17 | | the
generator, transporter, or recycler for 3 years.
This |
| 18 | | subsection (w) shall not apply to (1) a permitted pollution |
| 19 | | control
facility that transfers or accepts construction or |
| 20 | | demolition debris,
clean or general, or uncontaminated soil |
| 21 | | for final disposal, recycling, or
treatment, (2) a public |
| 22 | | utility (as that term is defined in the Public
Utilities Act) |
| 23 | | or a municipal utility, (3) the Illinois Department of
|
| 24 | | Transportation, or (4) a municipality or a county highway |
| 25 | | department, with
the exception of any municipality or county |
| 26 | | highway department located within a
county having a population |
|
| | HB5501 | - 1866 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of over 3,000,000 inhabitants or located in a county
that
is |
| 2 | | contiguous to a county having a population of over 3,000,000 |
| 3 | | inhabitants;
but it shall apply to an entity that contracts |
| 4 | | with a public utility, a
municipal utility, the Illinois |
| 5 | | Department of Transportation, or a
municipality or a county |
| 6 | | highway department.
The terms
"generation" and "recycling", as
|
| 7 | | used in this subsection, do not
apply to clean construction or |
| 8 | | demolition debris
when (i) used as fill material below grade |
| 9 | | outside of a setback zone
if covered by sufficient |
| 10 | | uncontaminated soil to support vegetation within 30
days of |
| 11 | | the completion of filling or if covered by a road or structure, |
| 12 | | (ii)
solely broken concrete without
protruding metal bars is |
| 13 | | used for erosion control, or (iii) milled
asphalt or crushed |
| 14 | | concrete is used as aggregate in construction of the
shoulder |
| 15 | | of a roadway. The terms "generation" and "recycling", as used |
| 16 | | in this
subsection, do not apply to uncontaminated soil
that |
| 17 | | is not commingled with any waste when (i) used as fill material |
| 18 | | below
grade or contoured to grade, or (ii) used at the site of |
| 19 | | generation.
|
| 20 | | (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; |
| 21 | | 102-310, eff. 8-6-21; 102-558, eff. 8-20-21; revised |
| 22 | | 10-14-21.)
|
| 23 | | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
|
| 24 | | Sec. 22.15. Solid Waste Management Fund; fees.
|
| 25 | | (a) There is hereby created within the State Treasury a
|
|
| | HB5501 | - 1867 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | special fund to be known as the Solid Waste Management Fund, to |
| 2 | | be
constituted from the fees collected by the State pursuant |
| 3 | | to this Section,
from repayments of loans made from the Fund |
| 4 | | for solid waste projects, from registration fees collected |
| 5 | | pursuant to the Consumer Electronics Recycling Act, and from |
| 6 | | amounts transferred into the Fund pursuant to Public Act |
| 7 | | 100-433.
Moneys received by either the Agency or the |
| 8 | | Department of Commerce and Economic Opportunity
in repayment |
| 9 | | of loans made pursuant to the Illinois Solid Waste Management
|
| 10 | | Act shall be deposited into the General Revenue Fund.
|
| 11 | | (b) The Agency shall assess and collect a
fee in the amount |
| 12 | | set forth herein from the owner or operator of each sanitary
|
| 13 | | landfill permitted or required to be permitted by the Agency |
| 14 | | to dispose of
solid waste if the sanitary landfill is located |
| 15 | | off the site where such waste
was produced and if such sanitary |
| 16 | | landfill is owned, controlled, and operated
by a person other |
| 17 | | than the generator of such waste. The Agency shall deposit
all |
| 18 | | fees collected into the Solid Waste Management Fund. If a site |
| 19 | | is
contiguous to one or more landfills owned or operated by the |
| 20 | | same person, the
volumes permanently disposed of by each |
| 21 | | landfill shall be combined for purposes
of determining the fee |
| 22 | | under this subsection. Beginning on July 1, 2018, and on the |
| 23 | | first day of each month thereafter during fiscal years 2019 |
| 24 | | through 2022, the State Comptroller shall direct and State |
| 25 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 |
| 26 | | per fiscal year from the Solid Waste Management Fund to the |
|
| | HB5501 | - 1868 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | General Revenue Fund.
|
| 2 | | (1) If more than 150,000 cubic yards of non-hazardous |
| 3 | | solid waste is
permanently disposed of at a site in a |
| 4 | | calendar year, the owner or operator
shall either pay a |
| 5 | | fee of 95 cents per cubic yard or,
alternatively, the |
| 6 | | owner or operator may weigh the quantity of the solid |
| 7 | | waste
permanently disposed of with a device for which |
| 8 | | certification has been obtained
under the Weights and |
| 9 | | Measures Act and pay a fee of $2.00 per
ton of solid waste |
| 10 | | permanently disposed of. In no case shall the fee |
| 11 | | collected
or paid by the owner or operator under this |
| 12 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
|
| 13 | | (2) If more than 100,000 cubic yards but not more than |
| 14 | | 150,000 cubic
yards of non-hazardous waste is permanently |
| 15 | | disposed of at a site in a calendar
year, the owner or |
| 16 | | operator shall pay a fee of $52,630.
|
| 17 | | (3) If more than 50,000 cubic yards but not more than |
| 18 | | 100,000 cubic
yards of non-hazardous solid waste is |
| 19 | | permanently disposed of at a site
in a calendar year, the |
| 20 | | owner or operator shall pay a fee of $23,790.
|
| 21 | | (4) If more than 10,000 cubic yards but not more than |
| 22 | | 50,000 cubic
yards of non-hazardous solid waste is |
| 23 | | permanently disposed of at a site
in a calendar year, the |
| 24 | | owner or operator shall pay a fee of $7,260.
|
| 25 | | (5) If not more than 10,000 cubic yards of |
| 26 | | non-hazardous solid waste is
permanently disposed of at a |
|
| | HB5501 | - 1869 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | site in a calendar year, the owner or operator
shall pay a |
| 2 | | fee of $1050.
|
| 3 | | (c) (Blank).
|
| 4 | | (d) The Agency shall establish rules relating to the |
| 5 | | collection of the
fees authorized by this Section. Such rules |
| 6 | | shall include, but not be
limited to:
|
| 7 | | (1) necessary records identifying the quantities of |
| 8 | | solid waste received
or disposed;
|
| 9 | | (2) the form and submission of reports to accompany |
| 10 | | the payment of fees
to the Agency;
|
| 11 | | (3) the time and manner of payment of fees to the |
| 12 | | Agency, which payments
shall not be more often than |
| 13 | | quarterly; and
|
| 14 | | (4) procedures setting forth criteria establishing |
| 15 | | when an owner or
operator may measure by weight or volume |
| 16 | | during any given quarter or other
fee payment period.
|
| 17 | | (e) Pursuant to appropriation, all monies in the Solid |
| 18 | | Waste Management
Fund shall be used by the Agency for the |
| 19 | | purposes set forth in this Section and in the Illinois
Solid |
| 20 | | Waste Management Act, including for the costs of fee |
| 21 | | collection and
administration, and for the administration of |
| 22 | | (1) the Consumer Electronics Recycling Act and (2) until |
| 23 | | January 1, 2020, the Electronic Products Recycling and Reuse |
| 24 | | Act.
|
| 25 | | (f) The Agency is authorized to enter into such agreements |
| 26 | | and to
promulgate such rules as are necessary to carry out its |
|
| | HB5501 | - 1870 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | duties under this
Section and the Illinois Solid Waste |
| 2 | | Management Act.
|
| 3 | | (g) On the first day of January, April, July, and October |
| 4 | | of each year,
beginning on July 1, 1996, the State Comptroller |
| 5 | | and Treasurer shall
transfer $500,000 from the Solid Waste |
| 6 | | Management Fund to the Hazardous Waste
Fund. Moneys |
| 7 | | transferred under this subsection (g) shall be used only for |
| 8 | | the
purposes set forth in item (1) of subsection (d) of Section |
| 9 | | 22.2.
|
| 10 | | (h) The Agency is authorized to provide financial |
| 11 | | assistance to units of
local government for the performance of |
| 12 | | inspecting, investigating and
enforcement activities pursuant |
| 13 | | to Section 4(r) at nonhazardous solid
waste disposal sites.
|
| 14 | | (i) The Agency is authorized to conduct household waste |
| 15 | | collection and
disposal programs.
|
| 16 | | (j) A unit of local government, as defined in the Local |
| 17 | | Solid Waste Disposal
Act, in which a solid waste disposal |
| 18 | | facility is located may establish a fee,
tax, or surcharge |
| 19 | | with regard to the permanent disposal of solid waste.
All |
| 20 | | fees, taxes, and surcharges collected under this subsection |
| 21 | | shall be
utilized for solid waste management purposes, |
| 22 | | including long-term monitoring
and maintenance of landfills, |
| 23 | | planning, implementation, inspection, enforcement
and other |
| 24 | | activities consistent with the Solid Waste Management Act and |
| 25 | | the
Local Solid Waste Disposal Act, or for any other |
| 26 | | environment-related purpose,
including, but not limited to, an |
|
| | HB5501 | - 1871 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | environment-related public works project, but
not for the |
| 2 | | construction of a new pollution control facility other than a
|
| 3 | | household hazardous waste facility. However, the total fee, |
| 4 | | tax or surcharge
imposed by all units of local government |
| 5 | | under this subsection (j) upon the
solid waste disposal |
| 6 | | facility shall not exceed:
|
| 7 | | (1) 60¢ per cubic yard if more than 150,000 cubic |
| 8 | | yards of non-hazardous
solid waste is permanently disposed |
| 9 | | of at the site in a calendar year, unless
the owner or |
| 10 | | operator weighs the quantity of the solid waste received |
| 11 | | with a
device for which certification has been obtained |
| 12 | | under the Weights and Measures
Act, in which case the fee |
| 13 | | shall not exceed $1.27 per ton of solid waste
permanently |
| 14 | | disposed of.
|
| 15 | | (2) $33,350 if more than 100,000
cubic yards, but not |
| 16 | | more than 150,000 cubic yards, of non-hazardous waste
is |
| 17 | | permanently disposed of at the site in a calendar year.
|
| 18 | | (3) $15,500 if more than 50,000 cubic
yards, but not |
| 19 | | more than 100,000 cubic yards, of non-hazardous solid |
| 20 | | waste is
permanently disposed of at the site in a calendar |
| 21 | | year.
|
| 22 | | (4) $4,650 if more than 10,000 cubic
yards, but not |
| 23 | | more than 50,000 cubic yards, of non-hazardous solid waste
|
| 24 | | is permanently disposed of at the site in a calendar year.
|
| 25 | | (5) $650 if not more than 10,000 cubic
yards of |
| 26 | | non-hazardous solid waste is permanently disposed of at |
|
| | HB5501 | - 1872 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the site in
a calendar year.
|
| 2 | | The corporate authorities of the unit of local government
|
| 3 | | may use proceeds from the fee, tax, or surcharge to reimburse a |
| 4 | | highway
commissioner whose road district lies wholly or |
| 5 | | partially within the
corporate limits of the unit of local |
| 6 | | government for expenses incurred in
the removal of |
| 7 | | nonhazardous, nonfluid municipal waste that has been dumped
on |
| 8 | | public property in violation of a State law or local |
| 9 | | ordinance.
|
| 10 | | For the disposal of solid waste from general construction
|
| 11 | | or demolition debris recovery facilities as defined in |
| 12 | | subsection (a-1) of Section 3.160, the total fee, tax, or |
| 13 | | surcharge imposed by
all units of local government under this |
| 14 | | subsection (j) upon
the solid waste disposal facility shall |
| 15 | | not exceed 50% of the
applicable amount set forth above. A unit |
| 16 | | of local government,
as defined in the Local Solid Waste |
| 17 | | Disposal Act, in which a
general construction or demolition |
| 18 | | debris recovery facility is
located may establish a fee, tax, |
| 19 | | or surcharge on the general construction or demolition debris |
| 20 | | recovery facility with
regard to the permanent disposal of |
| 21 | | solid waste by the
general construction or demolition debris |
| 22 | | recovery facility at
a solid waste disposal facility, provided |
| 23 | | that such fee, tax,
or surcharge shall not exceed 50% of the |
| 24 | | applicable amount set
forth above, based on the total amount |
| 25 | | of solid waste transported from the general construction or |
| 26 | | demolition debris recovery facility for disposal at solid |
|
| | HB5501 | - 1873 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | waste disposal facilities, and the unit of local government |
| 2 | | and fee shall be
subject to all other requirements of this |
| 3 | | subsection (j). |
| 4 | | A county or Municipal Joint Action Agency that imposes a |
| 5 | | fee, tax, or
surcharge under this subsection may use the |
| 6 | | proceeds thereof to reimburse a
municipality that lies wholly |
| 7 | | or partially within its boundaries for expenses
incurred in |
| 8 | | the removal of nonhazardous, nonfluid municipal waste that has |
| 9 | | been
dumped on public property in violation of a State law or |
| 10 | | local ordinance.
|
| 11 | | If the fees are to be used to conduct a local sanitary |
| 12 | | landfill
inspection or enforcement program, the unit of local |
| 13 | | government must enter
into a written delegation agreement with |
| 14 | | the Agency pursuant to subsection
(r) of Section 4. The unit of |
| 15 | | local government and the Agency shall enter
into such a |
| 16 | | written delegation agreement within 60 days after the
|
| 17 | | establishment of such fees. At least annually,
the Agency |
| 18 | | shall conduct an audit of the expenditures made by units of |
| 19 | | local
government from the funds granted by the Agency to the |
| 20 | | units of local
government for purposes of local sanitary |
| 21 | | landfill inspection and enforcement
programs, to ensure that |
| 22 | | the funds have been expended for the prescribed
purposes under |
| 23 | | the grant.
|
| 24 | | The fees, taxes or surcharges collected under this |
| 25 | | subsection (j) shall
be placed by the unit of local government |
| 26 | | in a separate fund, and the
interest received on the moneys in |
|
| | HB5501 | - 1874 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the fund shall be credited to the fund. The
monies in the fund |
| 2 | | may be accumulated over a period of years to be
expended in |
| 3 | | accordance with this subsection.
|
| 4 | | A unit of local government, as defined in the Local Solid |
| 5 | | Waste Disposal
Act, shall prepare and post on its website, in |
| 6 | | April of each year, a
report that details spending plans for |
| 7 | | monies collected in accordance with
this subsection. The |
| 8 | | report will at a minimum include the following:
|
| 9 | | (1) The total monies collected pursuant to this |
| 10 | | subsection.
|
| 11 | | (2) The most current balance of monies collected |
| 12 | | pursuant to this
subsection.
|
| 13 | | (3) An itemized accounting of all monies expended for |
| 14 | | the previous year
pursuant to this subsection.
|
| 15 | | (4) An estimation of monies to be collected for the |
| 16 | | following 3
years pursuant to this subsection.
|
| 17 | | (5) A narrative detailing the general direction and |
| 18 | | scope of future
expenditures for one, 2 and 3 years.
|
| 19 | | The exemptions granted under Sections 22.16 and 22.16a, |
| 20 | | and under
subsection (k) of this Section, shall be applicable |
| 21 | | to any fee,
tax or surcharge imposed under this subsection |
| 22 | | (j); except that the fee,
tax or surcharge authorized to be |
| 23 | | imposed under this subsection (j) may be
made applicable by a |
| 24 | | unit of local government to the permanent disposal of
solid |
| 25 | | waste after December 31, 1986, under any contract lawfully |
| 26 | | executed
before June 1, 1986 under which more than 150,000 |
|
| | HB5501 | - 1875 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | cubic yards (or 50,000 tons)
of solid waste is to be |
| 2 | | permanently disposed of, even though the waste is
exempt from |
| 3 | | the fee imposed by the State under subsection (b) of this |
| 4 | | Section
pursuant to an exemption granted under Section 22.16.
|
| 5 | | (k) In accordance with the findings and purposes of the |
| 6 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 |
| 7 | | the fee under subsection
(b) and the fee, tax or surcharge |
| 8 | | under subsection (j) shall not apply to:
|
| 9 | | (1) waste which is hazardous waste;
|
| 10 | | (2) waste which is pollution control waste;
|
| 11 | | (3) waste from recycling, reclamation or reuse |
| 12 | | processes which have been
approved by the Agency as being |
| 13 | | designed to remove any contaminant from
wastes so as to |
| 14 | | render such wastes reusable, provided that the process
|
| 15 | | renders at least 50% of the waste reusable; the exemption |
| 16 | | set forth in this paragraph (3) of this subsection (k) |
| 17 | | shall not apply to general construction or demolition |
| 18 | | debris recovery
facilities as defined in subsection (a-1) |
| 19 | | of Section 3.160;
|
| 20 | | (4) non-hazardous solid waste that is received at a |
| 21 | | sanitary landfill
and composted or recycled through a |
| 22 | | process permitted by the Agency; or
|
| 23 | | (5) any landfill which is permitted by the Agency to |
| 24 | | receive only
demolition or construction debris or |
| 25 | | landscape waste.
|
| 26 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
|
| | HB5501 | - 1876 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. |
| 2 | | 8-20-21; revised 9-28-21.)
|
| 3 | | (415 ILCS 5/22.59) |
| 4 | | Sec. 22.59. CCR surface impoundments. |
| 5 | | (a) The General Assembly finds that: |
| 6 | | (1) the State of Illinois has a long-standing policy |
| 7 | | to restore, protect, and enhance the environment, |
| 8 | | including the purity of the air, land, and waters, |
| 9 | | including groundwaters, of this State; |
| 10 | | (2) a clean environment is essential to the growth and |
| 11 | | well-being of this State; |
| 12 | | (3) CCR generated by the electric generating industry |
| 13 | | has caused groundwater contamination and other forms of |
| 14 | | pollution at active and inactive plants throughout this |
| 15 | | State; |
| 16 | | (4) environmental laws should be supplemented to |
| 17 | | ensure consistent, responsible regulation of all existing |
| 18 | | CCR surface impoundments; and |
| 19 | | (5) meaningful participation of State residents, |
| 20 | | especially vulnerable populations who may be affected by |
| 21 | | regulatory actions, is critical to ensure that |
| 22 | | environmental justice considerations are incorporated in |
| 23 | | the development of, decision-making related to, and |
| 24 | | implementation of environmental laws and rulemaking that |
| 25 | | protects and improves the well-being of communities in |
|
| | HB5501 | - 1877 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this State that bear disproportionate burdens imposed by |
| 2 | | environmental pollution. |
| 3 | | Therefore, the purpose of this Section is to promote a |
| 4 | | healthful environment, including clean water, air, and land, |
| 5 | | meaningful public involvement, and the responsible disposal |
| 6 | | and storage of coal combustion residuals, so as to protect |
| 7 | | public health and to prevent pollution of the environment of |
| 8 | | this State. |
| 9 | | The provisions of this Section shall be liberally |
| 10 | | construed to carry out the purposes of this Section. |
| 11 | | (b) No person shall: |
| 12 | | (1) cause or allow the discharge of any contaminants |
| 13 | | from a CCR surface impoundment into the environment so as |
| 14 | | to cause, directly or indirectly, a violation of this |
| 15 | | Section or any regulations or standards adopted by the |
| 16 | | Board under this Section, either alone or in combination |
| 17 | | with contaminants from other sources; |
| 18 | | (2) construct, install, modify, operate, or close any |
| 19 | | CCR surface impoundment without a permit granted by the |
| 20 | | Agency, or so as to violate any conditions imposed by such |
| 21 | | permit, any provision of this Section or any regulations |
| 22 | | or standards adopted by the Board under this Section; |
| 23 | | (3) cause or allow, directly or indirectly, the |
| 24 | | discharge, deposit, injection, dumping, spilling, leaking, |
| 25 | | or placing of any CCR upon the land in a place and manner |
| 26 | | so as to cause or tend to cause a violation of this Section |
|
| | HB5501 | - 1878 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or any regulations or standards adopted by the Board under |
| 2 | | this Section; or |
| 3 | | (4) construct, install, modify, or close a CCR surface
|
| 4 | | impoundment in accordance with a permit issued under this
|
| 5 | | Act without certifying to the Agency that all contractors, |
| 6 | | subcontractors, and installers utilized to construct, |
| 7 | | install, modify, or close a CCR surface impoundment are |
| 8 | | participants in: |
| 9 | | (A) a training program that is approved by and
|
| 10 | | registered with the United States Department of
|
| 11 | | Labor's Employment and Training Administration and
|
| 12 | | that includes instruction in erosion control and
|
| 13 | | environmental remediation; and |
| 14 | | (B) a training program that is approved by and
|
| 15 | | registered with the United States Department of
|
| 16 | | Labor's Employment and Training Administration and
|
| 17 | | that includes instruction in the operation of heavy
|
| 18 | | equipment and excavation. |
| 19 | | Nothing in this paragraph (4) shall be construed to |
| 20 | | require providers of construction-related professional |
| 21 | | services to participate in a training program approved by |
| 22 | | and registered with the United States Department of |
| 23 | | Labor's Employment and Training Administration. |
| 24 | | In this paragraph (4), "construction-related |
| 25 | | professional services" includes, but is
not limited to, |
| 26 | | those services within the scope of: (i) the
practice of |
|
| | HB5501 | - 1879 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | architecture as regulated under the
Illinois Architecture |
| 2 | | Practice Act of 1989; (ii) professional
engineering as |
| 3 | | defined in Section 4 of the Professional
Engineering |
| 4 | | Practice Act of 1989; (iii) the practice of a structural
|
| 5 | | engineer as defined in Section 4 of the Structural |
| 6 | | Engineering Practice Act of
1989; or (iv) land surveying |
| 7 | | under the Illinois Professional Land
Surveyor Act of 1989. |
| 8 | | (c) (Blank). |
| 9 | | (d) Before commencing closure of a CCR surface |
| 10 | | impoundment, in accordance with Board rules, the owner of a |
| 11 | | CCR surface impoundment must submit to the Agency for approval |
| 12 | | a closure alternatives analysis that analyzes all closure |
| 13 | | methods being considered and that otherwise satisfies all |
| 14 | | closure requirements adopted by the Board under this Act. |
| 15 | | Complete removal of CCR, as specified by the Board's rules, |
| 16 | | from the CCR surface impoundment must be considered and |
| 17 | | analyzed. Section 3.405 does not apply to the Board's rules |
| 18 | | specifying complete removal of CCR. The selected closure |
| 19 | | method must ensure compliance with regulations adopted by the |
| 20 | | Board pursuant to this Section. |
| 21 | | (e) Owners or operators of CCR surface impoundments who |
| 22 | | have submitted a closure plan to the Agency before May 1, 2019, |
| 23 | | and who have completed closure prior to 24 months after July |
| 24 | | 30, 2019 (the effective date of Public Act 101-171) shall not |
| 25 | | be required to obtain a construction permit for the surface |
| 26 | | impoundment closure under this Section. |
|
| | HB5501 | - 1880 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (f) Except for the State, its agencies and institutions, a |
| 2 | | unit of local government, or not-for-profit electric |
| 3 | | cooperative as defined in Section 3.4 of the Electric Supplier |
| 4 | | Act, any person who owns or operates a CCR surface impoundment |
| 5 | | in this State shall post with the Agency a performance bond or |
| 6 | | other security for the purpose of: (i) ensuring closure of the |
| 7 | | CCR surface impoundment and post-closure care in accordance |
| 8 | | with this Act and its rules; and (ii) ensuring remediation of |
| 9 | | releases from the CCR surface impoundment. The only acceptable |
| 10 | | forms of financial assurance are: a trust fund, a surety bond |
| 11 | | guaranteeing payment, a surety bond guaranteeing performance, |
| 12 | | or an irrevocable letter of credit. |
| 13 | | (1) The cost estimate for the post-closure care of a |
| 14 | | CCR surface impoundment shall be calculated using a |
| 15 | | 30-year post-closure care period or such longer period as |
| 16 | | may be approved by the Agency under Board or federal |
| 17 | | rules. |
| 18 | | (2) The Agency is authorized to enter into such |
| 19 | | contracts and agreements as it may deem necessary to carry |
| 20 | | out the purposes of this Section. Neither the State, nor |
| 21 | | the Director, nor any State employee shall be liable for |
| 22 | | any damages or injuries arising out of or resulting from |
| 23 | | any action taken under this Section. |
| 24 | | (3) The Agency shall have the authority to approve or |
| 25 | | disapprove any performance bond or other security posted |
| 26 | | under this subsection. Any person whose performance bond |
|
| | HB5501 | - 1881 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or other security is disapproved by the Agency may contest |
| 2 | | the disapproval as a permit denial appeal pursuant to |
| 3 | | Section 40. |
| 4 | | (g) The Board shall adopt rules establishing construction |
| 5 | | permit requirements, operating permit requirements, design |
| 6 | | standards, reporting, financial assurance, and closure and |
| 7 | | post-closure care requirements for CCR surface impoundments. |
| 8 | | Not later than 8 months after July 30, 2019 (the effective date |
| 9 | | of Public Act 101-171) the Agency shall propose, and not later |
| 10 | | than one year after receipt of the Agency's proposal the Board |
| 11 | | shall adopt, rules under this Section. The Board shall not be |
| 12 | | deemed in noncompliance with the rulemaking deadline due to |
| 13 | | delays in adopting rules as a result of the Joint Commission on |
| 14 | | Administrative Rules oversight process. The rules must, at a |
| 15 | | minimum: |
| 16 | | (1) be at least as protective and comprehensive as the |
| 17 | | federal regulations or amendments thereto promulgated by |
| 18 | | the Administrator of the United States Environmental |
| 19 | | Protection Agency in Subpart D of 40 CFR 257 governing CCR |
| 20 | | surface impoundments; |
| 21 | | (2) specify the minimum contents of CCR surface |
| 22 | | impoundment construction and operating permit |
| 23 | | applications, including the closure alternatives analysis |
| 24 | | required under subsection (d); |
| 25 | | (3) specify which types of permits include |
| 26 | | requirements for closure, post-closure, remediation and |
|
| | HB5501 | - 1882 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | all other requirements applicable to CCR surface |
| 2 | | impoundments; |
| 3 | | (4) specify when permit applications for existing CCR |
| 4 | | surface impoundments must be submitted, taking into |
| 5 | | consideration whether the CCR surface impoundment must |
| 6 | | close under the RCRA; |
| 7 | | (5) specify standards for review and approval by the |
| 8 | | Agency of CCR surface impoundment permit applications; |
| 9 | | (6) specify meaningful public participation procedures |
| 10 | | for the issuance of CCR surface impoundment construction |
| 11 | | and operating permits, including, but not limited to, |
| 12 | | public notice of the submission of permit applications, an |
| 13 | | opportunity for the submission of public comments, an |
| 14 | | opportunity for a public hearing prior to permit issuance, |
| 15 | | and a summary and response of the comments prepared by the |
| 16 | | Agency; |
| 17 | | (7) prescribe the type and amount of the performance |
| 18 | | bonds or other securities required under subsection (f), |
| 19 | | and the conditions under which the State is entitled to |
| 20 | | collect moneys from such performance bonds or other |
| 21 | | securities; |
| 22 | | (8) specify a procedure to identify areas of |
| 23 | | environmental justice concern in relation to CCR surface |
| 24 | | impoundments; |
| 25 | | (9) specify a method to prioritize CCR surface |
| 26 | | impoundments required to close under RCRA if not otherwise |
|
| | HB5501 | - 1883 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | specified by the United States Environmental Protection |
| 2 | | Agency, so that the CCR surface impoundments with the |
| 3 | | highest risk to public health and the environment, and |
| 4 | | areas of environmental justice concern are given first |
| 5 | | priority; |
| 6 | | (10) define when complete removal of CCR is achieved |
| 7 | | and specify the standards for responsible removal of CCR |
| 8 | | from CCR surface impoundments, including, but not limited |
| 9 | | to, dust controls and the protection of adjacent surface |
| 10 | | water and groundwater; and |
| 11 | | (11) describe the process and standards for |
| 12 | | identifying a specific alternative source of groundwater |
| 13 | | pollution when the owner or operator of the CCR surface |
| 14 | | impoundment believes that groundwater contamination on the |
| 15 | | site is not from the CCR surface impoundment. |
| 16 | | (h) Any owner of a CCR surface impoundment that generates |
| 17 | | CCR and sells or otherwise provides coal combustion byproducts |
| 18 | | pursuant to Section 3.135 shall, every 12 months, post on its |
| 19 | | publicly available website a report specifying the volume or |
| 20 | | weight of CCR, in cubic yards or tons, that it sold or provided |
| 21 | | during the past 12 months. |
| 22 | | (i) The owner of a CCR surface impoundment shall post all |
| 23 | | closure plans, permit applications, and supporting |
| 24 | | documentation, as well as any Agency approval of the plans or |
| 25 | | applications on its publicly available website. |
| 26 | | (j) The owner or operator of a CCR surface impoundment |
|
| | HB5501 | - 1885 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | other security was issued. The Coal Combustion Residual |
| 2 | | Surface Impoundment Financial Assurance Fund is not subject to |
| 3 | | the provisions of subsection (c) of Section 5 of the State |
| 4 | | Finance Act. |
| 5 | | (m) The provisions of this Section shall apply, without |
| 6 | | limitation, to all existing CCR surface impoundments and any |
| 7 | | CCR surface impoundments constructed after July 30, 2019 (the |
| 8 | | effective date of Public Act 101-171), except to the extent |
| 9 | | prohibited by the Illinois or United States Constitutions.
|
| 10 | | (Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21; |
| 11 | | 102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff. |
| 12 | | 8-20-21; 102-662, eff. 9-15-21; revised 10-14-21.)
|
| 13 | | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
|
| 14 | | Sec. 39. Issuance of permits; procedures.
|
| 15 | | (a) When the Board has by regulation required a permit for
|
| 16 | | the construction, installation, or operation of any type of |
| 17 | | facility,
equipment, vehicle, vessel, or aircraft, the |
| 18 | | applicant shall apply to
the Agency for such permit and it |
| 19 | | shall be the duty of the Agency to
issue such a permit upon |
| 20 | | proof by the applicant that the facility,
equipment, vehicle, |
| 21 | | vessel, or aircraft will not cause a violation of
this Act or |
| 22 | | of regulations hereunder. The Agency shall adopt such
|
| 23 | | procedures as are necessary to carry out its duties under this |
| 24 | | Section.
In making its determinations on permit applications |
| 25 | | under this Section the Agency may consider prior adjudications |
|
| | HB5501 | - 1886 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of
noncompliance with this Act by the applicant that involved |
| 2 | | a release of a
contaminant into the environment. In granting |
| 3 | | permits, the Agency
may impose reasonable conditions |
| 4 | | specifically related to the applicant's past
compliance |
| 5 | | history with this Act as necessary to correct, detect, or
|
| 6 | | prevent noncompliance. The Agency may impose such other |
| 7 | | conditions
as may be necessary to accomplish the purposes of |
| 8 | | this Act, and as are not
inconsistent with the regulations |
| 9 | | promulgated by the Board hereunder. Except as
otherwise |
| 10 | | provided in this Act, a bond or other security shall not be |
| 11 | | required
as a condition for the issuance of a permit. If the |
| 12 | | Agency denies any permit
under this Section, the Agency shall |
| 13 | | transmit to the applicant within the time
limitations of this |
| 14 | | Section specific, detailed statements as to the reasons the
|
| 15 | | permit application was denied. Such statements shall include, |
| 16 | | but not be
limited to, the following:
|
| 17 | | (i) the Sections of this Act which may be violated if |
| 18 | | the permit
were granted;
|
| 19 | | (ii) the provision of the regulations, promulgated |
| 20 | | under this Act,
which may be violated if the permit were |
| 21 | | granted;
|
| 22 | | (iii) the specific type of information, if any, which |
| 23 | | the Agency
deems the applicant did not provide the Agency; |
| 24 | | and
|
| 25 | | (iv) a statement of specific reasons why the Act and |
| 26 | | the regulations
might not be met if the permit were |
|
| | HB5501 | - 1887 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | granted.
|
| 2 | | If there is no final action by the Agency within 90 days |
| 3 | | after the
filing of the application for permit, the applicant |
| 4 | | may deem the permit
issued; except that this time period shall |
| 5 | | be extended to 180 days when
(1) notice and opportunity for |
| 6 | | public hearing are required by State or
federal law or |
| 7 | | regulation, (2) the application which was filed is for
any |
| 8 | | permit to develop a landfill subject to issuance pursuant to |
| 9 | | this
subsection, or (3) the application that was filed is for a |
| 10 | | MSWLF unit
required to issue public notice under subsection |
| 11 | | (p) of Section 39. The
90-day and 180-day time periods for the |
| 12 | | Agency to take final action do not
apply to NPDES permit |
| 13 | | applications under subsection (b) of this Section,
to RCRA |
| 14 | | permit applications under subsection (d) of this Section,
to |
| 15 | | UIC permit applications under subsection (e) of this Section, |
| 16 | | or to CCR surface impoundment applications under subsection |
| 17 | | (y) of this Section.
|
| 18 | | The Agency shall publish notice of all final permit |
| 19 | | determinations for
development permits for MSWLF units and for |
| 20 | | significant permit modifications
for lateral expansions for |
| 21 | | existing MSWLF units one time in a newspaper of
general |
| 22 | | circulation in the county in which the unit is or is proposed |
| 23 | | to be
located.
|
| 24 | | After January 1, 1994 and until July 1, 1998, operating |
| 25 | | permits issued under
this Section by the
Agency for sources of |
| 26 | | air pollution permitted to emit less than 25 tons
per year of |
|
| | HB5501 | - 1888 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any combination of regulated air pollutants, as defined in
|
| 2 | | Section 39.5 of this Act, shall be required to be renewed only |
| 3 | | upon written
request by the Agency consistent with applicable |
| 4 | | provisions of this Act and
regulations promulgated hereunder. |
| 5 | | Such operating permits shall expire
180 days after the date of |
| 6 | | such a request. The Board shall revise its
regulations for the |
| 7 | | existing State air pollution operating permit program
|
| 8 | | consistent with this provision by January 1, 1994.
|
| 9 | | After June 30, 1998, operating permits issued under this |
| 10 | | Section by the
Agency for sources of air pollution that are not |
| 11 | | subject to Section 39.5 of
this Act and are not required to |
| 12 | | have a federally enforceable State operating
permit shall be |
| 13 | | required to be renewed only upon written request by the Agency
|
| 14 | | consistent with applicable provisions of this Act and its |
| 15 | | rules. Such
operating permits shall expire 180 days after the |
| 16 | | date of such a request.
Before July 1, 1998, the Board shall |
| 17 | | revise its rules for the existing State
air pollution |
| 18 | | operating permit program consistent with this paragraph and |
| 19 | | shall
adopt rules that require a source to demonstrate that it |
| 20 | | qualifies for a permit
under this paragraph.
|
| 21 | | (b) The Agency may issue NPDES permits exclusively under |
| 22 | | this
subsection for the discharge of contaminants from point |
| 23 | | sources into
navigable waters, all as defined in the Federal |
| 24 | | Water Pollution Control
Act, as now or hereafter amended, |
| 25 | | within the jurisdiction of the
State, or into any well.
|
| 26 | | All NPDES permits shall contain those terms and |
|
| | HB5501 | - 1889 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | conditions, including,
but not limited to, schedules of |
| 2 | | compliance, which may be required to
accomplish the purposes |
| 3 | | and provisions of this Act.
|
| 4 | | The Agency may issue general NPDES permits for discharges |
| 5 | | from categories
of point sources which are subject to the same |
| 6 | | permit limitations and
conditions. Such general permits may be |
| 7 | | issued without individual
applications and shall conform to |
| 8 | | regulations promulgated under Section 402
of the Federal Water |
| 9 | | Pollution Control Act, as now or hereafter amended.
|
| 10 | | The Agency may include, among such conditions, effluent |
| 11 | | limitations
and other requirements established under this Act, |
| 12 | | Board regulations,
the Federal Water Pollution Control Act, as |
| 13 | | now or hereafter amended, and
regulations pursuant thereto, |
| 14 | | and schedules for achieving compliance
therewith at the |
| 15 | | earliest reasonable date.
|
| 16 | | The Agency shall adopt filing requirements and procedures |
| 17 | | which are
necessary and appropriate for the issuance of NPDES |
| 18 | | permits, and which
are consistent with the Act or regulations |
| 19 | | adopted by the Board, and
with the Federal Water Pollution |
| 20 | | Control Act, as now or hereafter
amended, and regulations |
| 21 | | pursuant thereto.
|
| 22 | | The Agency, subject to any conditions which may be |
| 23 | | prescribed by
Board regulations, may issue NPDES permits to |
| 24 | | allow discharges beyond
deadlines established by this Act or |
| 25 | | by regulations of the Board without
the requirement of a |
| 26 | | variance, subject to the Federal Water Pollution
Control Act, |
|
| | HB5501 | - 1890 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | as now or hereafter amended, and regulations pursuant thereto.
|
| 2 | | (c) Except for those facilities owned or operated by |
| 3 | | sanitary districts
organized under the Metropolitan Water |
| 4 | | Reclamation District Act, no
permit for the development or |
| 5 | | construction of a new pollution control
facility may be |
| 6 | | granted by the Agency unless the applicant submits proof to |
| 7 | | the
Agency that the location of the facility has been approved |
| 8 | | by the county board
of the county if in an unincorporated area, |
| 9 | | or the governing body of the
municipality when in an |
| 10 | | incorporated area, in which the facility is to be
located in |
| 11 | | accordance with Section 39.2 of this Act. For purposes of this |
| 12 | | subsection (c), and for purposes of Section 39.2 of this Act, |
| 13 | | the appropriate county board or governing body of the |
| 14 | | municipality shall be the county board of the county or the |
| 15 | | governing body of the municipality in which the facility is to |
| 16 | | be located as of the date when the application for siting |
| 17 | | approval is filed.
|
| 18 | | In the event that siting approval granted pursuant to |
| 19 | | Section 39.2 has
been transferred to a subsequent owner or |
| 20 | | operator, that subsequent owner or
operator may apply to the |
| 21 | | Agency for, and the Agency may grant, a development
or |
| 22 | | construction permit for the facility for which local siting |
| 23 | | approval was
granted. Upon application to the Agency for a |
| 24 | | development or
construction permit by that subsequent owner or |
| 25 | | operator,
the permit applicant shall cause written notice of |
| 26 | | the permit application
to be served upon the appropriate |
|
| | HB5501 | - 1891 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | county board or governing body of the
municipality that |
| 2 | | granted siting approval for that facility and upon any party
|
| 3 | | to the siting proceeding pursuant to which siting approval was |
| 4 | | granted. In
that event, the Agency shall conduct an evaluation |
| 5 | | of the subsequent owner or
operator's prior experience in |
| 6 | | waste management operations in the manner
conducted under |
| 7 | | subsection (i) of Section 39 of this Act.
|
| 8 | | Beginning August 20, 1993, if the pollution control |
| 9 | | facility consists of a
hazardous or solid waste disposal |
| 10 | | facility for which the proposed site is
located in an |
| 11 | | unincorporated area of a county with a population of less than
|
| 12 | | 100,000 and includes all or a portion of a parcel of land that |
| 13 | | was, on April 1,
1993, adjacent to a municipality having a |
| 14 | | population of less than 5,000, then
the local siting review |
| 15 | | required under this subsection (c) in conjunction with
any |
| 16 | | permit applied for after that date shall be performed by the |
| 17 | | governing body
of that adjacent municipality rather than the |
| 18 | | county board of the county in
which the proposed site is |
| 19 | | located; and for the purposes of that local siting
review, any |
| 20 | | references in this Act to the county board shall be deemed to |
| 21 | | mean
the governing body of that adjacent municipality; |
| 22 | | provided, however, that the
provisions of this paragraph shall |
| 23 | | not apply to any proposed site which was, on
April 1, 1993, |
| 24 | | owned in whole or in part by another municipality.
|
| 25 | | In the case of a pollution control facility for which a
|
| 26 | | development permit was issued before November 12, 1981, if an |
|
| | HB5501 | - 1892 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | operating
permit has not been issued by the Agency prior to |
| 2 | | August 31, 1989 for
any portion of the facility, then the |
| 3 | | Agency may not issue or renew any
development permit nor issue |
| 4 | | an original operating permit for any portion of
such facility |
| 5 | | unless the applicant has submitted proof to the Agency that |
| 6 | | the
location of the facility has been approved by the |
| 7 | | appropriate county board or
municipal governing body pursuant |
| 8 | | to Section 39.2 of this Act.
|
| 9 | | After January 1, 1994, if a solid waste
disposal facility, |
| 10 | | any portion for which an operating permit has been issued by
|
| 11 | | the Agency, has not accepted waste disposal for 5 or more |
| 12 | | consecutive calendar
years, before that facility may accept |
| 13 | | any new or additional waste for
disposal, the owner and |
| 14 | | operator must obtain a new operating permit under this
Act for |
| 15 | | that facility unless the owner and operator have applied to |
| 16 | | the Agency
for a permit authorizing the temporary suspension |
| 17 | | of waste acceptance. The
Agency may not issue a new operation |
| 18 | | permit under this Act for the facility
unless the applicant |
| 19 | | has submitted proof to the Agency that the location of the
|
| 20 | | facility has been approved or re-approved by the appropriate |
| 21 | | county board or
municipal governing body under Section 39.2 of |
| 22 | | this Act after the facility
ceased accepting waste.
|
| 23 | | Except for those facilities owned or operated by sanitary |
| 24 | | districts
organized under the Metropolitan Water Reclamation |
| 25 | | District Act, and
except for new pollution control facilities |
| 26 | | governed by Section 39.2,
and except for fossil fuel mining |
|
| | HB5501 | - 1893 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | facilities, the granting of a permit under
this Act shall not |
| 2 | | relieve the applicant from meeting and securing all
necessary |
| 3 | | zoning approvals from the unit of government having zoning
|
| 4 | | jurisdiction over the proposed facility.
|
| 5 | | Before beginning construction on any new sewage treatment |
| 6 | | plant or sludge
drying site to be owned or operated by a |
| 7 | | sanitary district organized under
the Metropolitan Water |
| 8 | | Reclamation District Act for which a new
permit (rather than |
| 9 | | the renewal or amendment of an existing permit) is
required, |
| 10 | | such sanitary district shall hold a public hearing within the
|
| 11 | | municipality within which the proposed facility is to be |
| 12 | | located, or within the
nearest community if the proposed |
| 13 | | facility is to be located within an
unincorporated area, at |
| 14 | | which information concerning the proposed facility
shall be |
| 15 | | made available to the public, and members of the public shall |
| 16 | | be given
the opportunity to express their views concerning the |
| 17 | | proposed facility.
|
| 18 | | The Agency may issue a permit for a municipal waste |
| 19 | | transfer station
without requiring approval pursuant to |
| 20 | | Section 39.2 provided that the following
demonstration is |
| 21 | | made:
|
| 22 | | (1) the municipal waste transfer station was in |
| 23 | | existence on or before
January 1, 1979 and was in |
| 24 | | continuous operation from January 1, 1979 to January
1, |
| 25 | | 1993;
|
| 26 | | (2) the operator submitted a permit application to the |
|
| | HB5501 | - 1894 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Agency to develop
and operate the municipal waste transfer |
| 2 | | station during April of 1994;
|
| 3 | | (3) the operator can demonstrate that the county board |
| 4 | | of the county, if
the municipal waste transfer station is |
| 5 | | in an unincorporated area, or the
governing body of the |
| 6 | | municipality, if the station is in an incorporated area,
|
| 7 | | does not object to resumption of the operation of the |
| 8 | | station; and
|
| 9 | | (4) the site has local zoning approval.
|
| 10 | | (d) The Agency may issue RCRA permits exclusively under |
| 11 | | this
subsection to persons owning or operating a facility for |
| 12 | | the treatment,
storage, or disposal of hazardous waste as |
| 13 | | defined under this Act. Subsection (y) of this Section, rather |
| 14 | | than this subsection (d), shall apply to permits issued for |
| 15 | | CCR surface impoundments.
|
| 16 | | All RCRA permits shall contain those terms and conditions, |
| 17 | | including, but
not limited to, schedules of compliance, which |
| 18 | | may be required to accomplish
the purposes and provisions of |
| 19 | | this Act. The Agency may include among such
conditions |
| 20 | | standards and other requirements established under this Act,
|
| 21 | | Board regulations, the Resource Conservation and Recovery Act |
| 22 | | of 1976 (P.L.
94-580), as amended, and regulations pursuant |
| 23 | | thereto, and may include
schedules for achieving compliance |
| 24 | | therewith as soon as possible. The
Agency shall require that a |
| 25 | | performance bond or other security be provided
as a condition |
| 26 | | for the issuance of a RCRA permit.
|
|
| | HB5501 | - 1895 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | In the case of a permit to operate a hazardous waste or PCB |
| 2 | | incinerator
as defined in subsection (k) of Section 44, the |
| 3 | | Agency shall require, as a
condition of the permit, that the |
| 4 | | operator of the facility perform such
analyses of the waste to |
| 5 | | be incinerated as may be necessary and appropriate
to ensure |
| 6 | | the safe operation of the incinerator.
|
| 7 | | The Agency shall adopt filing requirements and procedures |
| 8 | | which
are necessary and appropriate for the issuance of RCRA |
| 9 | | permits, and which
are consistent with the Act or regulations |
| 10 | | adopted by the Board, and with
the Resource Conservation and |
| 11 | | Recovery Act of 1976 (P.L. 94-580), as
amended, and |
| 12 | | regulations pursuant thereto.
|
| 13 | | The applicant shall make available to the public for |
| 14 | | inspection all
documents submitted by the applicant to the |
| 15 | | Agency in furtherance
of an application, with the exception of |
| 16 | | trade secrets, at the office of
the county board or governing |
| 17 | | body of the municipality. Such documents
may be copied upon |
| 18 | | payment of the actual cost of reproduction during regular
|
| 19 | | business hours of the local office. The Agency shall issue a |
| 20 | | written statement
concurrent with its grant or denial of the |
| 21 | | permit explaining the basis for its
decision.
|
| 22 | | (e) The Agency may issue UIC permits exclusively under |
| 23 | | this
subsection to persons owning or operating a facility for |
| 24 | | the underground
injection of contaminants as defined under |
| 25 | | this Act.
|
| 26 | | All UIC permits shall contain those terms and conditions, |
|
| | HB5501 | - 1896 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | including, but
not limited to, schedules of compliance, which |
| 2 | | may be required to accomplish
the purposes and provisions of |
| 3 | | this Act. The Agency may include among such
conditions |
| 4 | | standards and other requirements established under this Act,
|
| 5 | | Board regulations, the Safe Drinking Water Act (P.L. 93-523), |
| 6 | | as amended,
and regulations pursuant thereto, and may include |
| 7 | | schedules for achieving
compliance therewith. The Agency shall |
| 8 | | require that a performance bond or
other security be provided |
| 9 | | as a condition for the issuance of a UIC permit.
|
| 10 | | The Agency shall adopt filing requirements and procedures |
| 11 | | which
are necessary and appropriate for the issuance of UIC |
| 12 | | permits, and which
are consistent with the Act or regulations |
| 13 | | adopted by the Board, and with
the Safe Drinking Water Act |
| 14 | | (P.L. 93-523), as amended, and regulations
pursuant thereto.
|
| 15 | | The applicant shall make available to the public for |
| 16 | | inspection, all
documents submitted by the applicant to the |
| 17 | | Agency in furtherance of an
application, with the exception of |
| 18 | | trade secrets, at the office of the county
board or governing |
| 19 | | body of the municipality. Such documents may be copied upon
|
| 20 | | payment of the actual cost of reproduction during regular |
| 21 | | business hours of the
local office. The Agency shall issue a |
| 22 | | written statement concurrent with its
grant or denial of the |
| 23 | | permit explaining the basis for its decision.
|
| 24 | | (f) In making any determination pursuant to Section 9.1 of |
| 25 | | this Act:
|
| 26 | | (1) The Agency shall have authority to make the |
|
| | HB5501 | - 1897 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | determination of any
question required to be determined by |
| 2 | | the Clean Air Act, as now or
hereafter amended, this Act, |
| 3 | | or the regulations of the Board, including the
|
| 4 | | determination of the Lowest Achievable Emission Rate, |
| 5 | | Maximum Achievable
Control Technology, or Best Available |
| 6 | | Control Technology, consistent with the
Board's |
| 7 | | regulations, if any.
|
| 8 | | (2) The Agency shall adopt requirements as necessary |
| 9 | | to implement public participation procedures, including, |
| 10 | | but not limited to, public notice, comment, and an |
| 11 | | opportunity for hearing, which must accompany the |
| 12 | | processing of applications for PSD permits. The Agency |
| 13 | | shall briefly describe and respond to all significant |
| 14 | | comments on the draft permit raised during the public |
| 15 | | comment period or during any hearing. The Agency may group |
| 16 | | related comments together and provide one unified response |
| 17 | | for each issue raised. |
| 18 | | (3) Any complete permit application submitted to the |
| 19 | | Agency under this subsection for a PSD permit shall be |
| 20 | | granted or denied by the Agency not later than one year |
| 21 | | after the filing of such completed application. |
| 22 | | (4) The Agency shall, after conferring with the |
| 23 | | applicant, give written
notice to the applicant of its |
| 24 | | proposed decision on the application, including
the terms |
| 25 | | and conditions of the permit to be issued and the facts, |
| 26 | | conduct,
or other basis upon which the Agency will rely to |
|
| | HB5501 | - 1898 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | support its proposed action.
|
| 2 | | (g) The Agency shall include as conditions upon all |
| 3 | | permits issued for
hazardous waste disposal sites such |
| 4 | | restrictions upon the future use
of such sites as are |
| 5 | | reasonably necessary to protect public health and
the |
| 6 | | environment, including permanent prohibition of the use of |
| 7 | | such
sites for purposes which may create an unreasonable risk |
| 8 | | of injury to human
health or to the environment. After |
| 9 | | administrative and judicial challenges
to such restrictions |
| 10 | | have been exhausted, the Agency shall file such
restrictions |
| 11 | | of record in the Office of the Recorder of the county in which
|
| 12 | | the hazardous waste disposal site is located.
|
| 13 | | (h) A hazardous waste stream may not be deposited in a |
| 14 | | permitted hazardous
waste site unless specific authorization |
| 15 | | is obtained from the Agency by the
generator and disposal site |
| 16 | | owner and operator for the deposit of that specific
hazardous |
| 17 | | waste stream. The Agency may grant specific authorization for
|
| 18 | | disposal of hazardous waste streams only after the generator |
| 19 | | has reasonably
demonstrated that, considering
technological |
| 20 | | feasibility and economic reasonableness, the hazardous waste
|
| 21 | | cannot be reasonably recycled for reuse, nor incinerated or |
| 22 | | chemically,
physically, or biologically treated so as to |
| 23 | | neutralize the hazardous waste
and render it nonhazardous. In |
| 24 | | granting authorization under this Section,
the Agency may |
| 25 | | impose such conditions as may be necessary to accomplish
the |
| 26 | | purposes of the Act and are consistent with this Act and |
|
| | HB5501 | - 1899 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | regulations
promulgated by the Board hereunder. If the Agency |
| 2 | | refuses to grant
authorization under this Section, the |
| 3 | | applicant may appeal as if the Agency
refused to grant a |
| 4 | | permit, pursuant to the provisions of subsection (a) of
|
| 5 | | Section 40 of this Act. For purposes of this subsection (h), |
| 6 | | the term
"generator" has the meaning given in Section 3.205 of |
| 7 | | this Act,
unless: (1) the hazardous waste is treated, |
| 8 | | incinerated, or partially recycled
for reuse prior to |
| 9 | | disposal, in which case the last person who treats,
|
| 10 | | incinerates, or partially recycles the hazardous waste prior |
| 11 | | to disposal is the
generator; or (2) the hazardous waste is |
| 12 | | from a response action, in which case
the person performing |
| 13 | | the response action is the generator. This subsection
(h) does |
| 14 | | not apply to any hazardous waste that is restricted from land |
| 15 | | disposal
under 35 Ill. Adm. Code 728.
|
| 16 | | (i) Before issuing any RCRA permit, any permit for a waste |
| 17 | | storage site,
sanitary landfill, waste disposal site, waste |
| 18 | | transfer station, waste treatment
facility, waste incinerator, |
| 19 | | or any waste-transportation operation, any permit or interim |
| 20 | | authorization for a clean construction or demolition debris |
| 21 | | fill operation, or any permit required under subsection (d-5) |
| 22 | | of Section 55, the Agency
shall conduct an evaluation of the |
| 23 | | prospective owner's or operator's prior
experience in waste |
| 24 | | management operations, clean construction or demolition debris |
| 25 | | fill operations, and tire storage site management. The Agency |
| 26 | | may deny such a permit, or deny or revoke interim |
|
| | HB5501 | - 1900 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authorization,
if the prospective owner or operator or any |
| 2 | | employee or officer of the
prospective owner or operator has a |
| 3 | | history of:
|
| 4 | | (1) repeated violations of federal, State, or local |
| 5 | | laws, regulations,
standards, or ordinances in the |
| 6 | | operation of waste management facilities or
sites, clean |
| 7 | | construction or demolition debris fill operation |
| 8 | | facilities or sites, or tire storage sites; or
|
| 9 | | (2) conviction in this or another State of any crime |
| 10 | | which is a felony
under the laws of this State, or |
| 11 | | conviction of a felony in a federal court; or conviction |
| 12 | | in this or another state or federal court of any of the |
| 13 | | following crimes: forgery, official misconduct, bribery, |
| 14 | | perjury, or knowingly submitting false information under |
| 15 | | any environmental law, regulation, or permit term or |
| 16 | | condition; or
|
| 17 | | (3) proof of gross carelessness or incompetence in |
| 18 | | handling, storing,
processing, transporting, or disposing |
| 19 | | of waste, clean construction or demolition debris, or used |
| 20 | | or waste tires, or proof of gross carelessness or |
| 21 | | incompetence in using clean construction or demolition |
| 22 | | debris as fill.
|
| 23 | | (i-5) Before issuing any permit or approving any interim |
| 24 | | authorization for a clean construction or demolition debris |
| 25 | | fill operation in which any ownership interest is transferred |
| 26 | | between January 1, 2005, and the effective date of the |
|
| | HB5501 | - 1901 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | prohibition set forth in Section 22.52 of this Act, the Agency |
| 2 | | shall conduct an evaluation of the operation if any previous |
| 3 | | activities at the site or facility may have caused or allowed |
| 4 | | contamination of the site. It shall be the responsibility of |
| 5 | | the owner or operator seeking the permit or interim |
| 6 | | authorization to provide to the Agency all of the information |
| 7 | | necessary for the Agency to conduct its evaluation. The Agency |
| 8 | | may deny a permit or interim authorization if previous |
| 9 | | activities at the site may have caused or allowed |
| 10 | | contamination at the site, unless such contamination is |
| 11 | | authorized under any permit issued by the Agency.
|
| 12 | | (j) The issuance under this Act of a permit to engage in |
| 13 | | the surface mining
of any resources other than fossil fuels |
| 14 | | shall not relieve
the permittee from its duty to comply with |
| 15 | | any applicable local law regulating
the commencement, |
| 16 | | location, or operation of surface mining facilities.
|
| 17 | | (k) A development permit issued under subsection (a) of |
| 18 | | Section 39 for any
facility or site which is required to have a |
| 19 | | permit under subsection (d) of
Section 21 shall expire at the |
| 20 | | end of 2 calendar years from the date upon which
it was issued, |
| 21 | | unless within that period the applicant has taken action to
|
| 22 | | develop the facility or the site. In the event that review of |
| 23 | | the
conditions of the development permit is sought pursuant to |
| 24 | | Section 40 or
41, or permittee is prevented from commencing |
| 25 | | development of the facility
or site by any other litigation |
| 26 | | beyond the permittee's control, such
two-year period shall be |
|
| | HB5501 | - 1902 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | deemed to begin on the date upon which such review
process or |
| 2 | | litigation is concluded.
|
| 3 | | (l) No permit shall be issued by the Agency under this Act |
| 4 | | for
construction or operation of any facility or site located |
| 5 | | within the
boundaries of any setback zone established pursuant |
| 6 | | to this Act, where such
construction or operation is |
| 7 | | prohibited.
|
| 8 | | (m) The Agency may issue permits to persons owning or |
| 9 | | operating
a facility for composting landscape waste. In |
| 10 | | granting such permits, the Agency
may impose such conditions |
| 11 | | as may be necessary to accomplish the purposes of
this Act, and |
| 12 | | as are not inconsistent with applicable regulations |
| 13 | | promulgated
by the Board. Except as otherwise provided in this |
| 14 | | Act, a bond or other
security shall not be required as a |
| 15 | | condition for the issuance of a permit. If
the Agency denies |
| 16 | | any permit pursuant to this subsection, the Agency shall
|
| 17 | | transmit to the applicant within the time limitations of this |
| 18 | | subsection
specific, detailed statements as to the reasons the |
| 19 | | permit application was
denied. Such statements shall include |
| 20 | | but not be limited to the following:
|
| 21 | | (1) the Sections of this Act that may be violated if |
| 22 | | the permit
were granted;
|
| 23 | | (2) the specific regulations promulgated pursuant to |
| 24 | | this
Act that may be violated if the permit were granted;
|
| 25 | | (3) the specific information, if any, the Agency deems |
| 26 | | the
applicant did not provide in its application to the |
|
| | HB5501 | - 1903 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Agency; and
|
| 2 | | (4) a statement of specific reasons why the Act and |
| 3 | | the regulations
might be violated if the permit were |
| 4 | | granted.
|
| 5 | | If no final action is taken by the Agency within 90 days |
| 6 | | after the filing
of the application for permit, the applicant |
| 7 | | may deem the permit issued.
Any applicant for a permit may |
| 8 | | waive the 90-day limitation by filing a
written statement with |
| 9 | | the Agency.
|
| 10 | | The Agency shall issue permits for such facilities upon |
| 11 | | receipt of an
application that includes a legal description of |
| 12 | | the site, a topographic
map of the site drawn to the scale of |
| 13 | | 200 feet to the inch or larger, a
description of the operation, |
| 14 | | including the area served, an estimate of
the volume of |
| 15 | | materials to be processed, and documentation that:
|
| 16 | | (1) the facility includes a setback of at
least 200 |
| 17 | | feet from the nearest potable water supply well;
|
| 18 | | (2) the facility is located outside the boundary
of |
| 19 | | the 10-year floodplain or the site will be floodproofed;
|
| 20 | | (3) the facility is located so as to minimize
|
| 21 | | incompatibility with the character of the surrounding |
| 22 | | area, including at
least a 200 foot setback from any |
| 23 | | residence, and in the case of a
facility that is developed |
| 24 | | or the permitted composting area of which is
expanded |
| 25 | | after November 17, 1991, the composting area is located at |
| 26 | | least 1/8
mile from the nearest residence (other than a |
|
| | HB5501 | - 1904 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | residence located on the same
property as the facility);
|
| 2 | | (4) the design of the facility will prevent any |
| 3 | | compost material from
being placed within 5 feet of the |
| 4 | | water table, will adequately control runoff
from the site, |
| 5 | | and will collect and manage any leachate that is generated |
| 6 | | on
the site;
|
| 7 | | (5) the operation of the facility will include |
| 8 | | appropriate dust
and odor control measures, limitations on |
| 9 | | operating hours, appropriate
noise control measures for |
| 10 | | shredding, chipping and similar equipment,
management |
| 11 | | procedures for composting, containment and disposal of
|
| 12 | | non-compostable wastes, procedures to be used for
|
| 13 | | terminating operations at the site, and recordkeeping |
| 14 | | sufficient to
document the amount of materials received, |
| 15 | | composted, and otherwise
disposed of; and
|
| 16 | | (6) the operation will be conducted in accordance with |
| 17 | | any applicable
rules adopted by the Board.
|
| 18 | | The Agency shall issue renewable permits of not longer |
| 19 | | than 10 years
in duration for the composting of landscape |
| 20 | | wastes, as defined in Section
3.155 of this Act, based on the |
| 21 | | above requirements.
|
| 22 | | The operator of any facility permitted under this |
| 23 | | subsection (m) must
submit a written annual statement to the |
| 24 | | Agency on or before April 1 of
each year that includes an |
| 25 | | estimate of the amount of material, in tons,
received for |
| 26 | | composting.
|
|
| | HB5501 | - 1905 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (n) The Agency shall issue permits jointly with the |
| 2 | | Department of
Transportation for the dredging or deposit of |
| 3 | | material in Lake Michigan in
accordance with Section 18 of the |
| 4 | | Rivers, Lakes, and Streams Act.
|
| 5 | | (o) (Blank).)
|
| 6 | | (p) (1) Any person submitting an application for a permit |
| 7 | | for a new MSWLF
unit or for a lateral expansion under |
| 8 | | subsection (t) of Section 21 of this Act
for an existing MSWLF |
| 9 | | unit that has not received and is not subject to local
siting |
| 10 | | approval under Section 39.2 of this Act shall publish notice |
| 11 | | of the
application in a newspaper of general circulation in |
| 12 | | the county in which the
MSWLF unit is or is proposed to be |
| 13 | | located. The notice must be published at
least 15 days before |
| 14 | | submission of the permit application to the Agency. The
notice |
| 15 | | shall state the name and address of the applicant, the |
| 16 | | location of the
MSWLF unit or proposed MSWLF unit, the nature |
| 17 | | and size of the MSWLF unit or
proposed MSWLF unit, the nature |
| 18 | | of the activity proposed, the probable life of
the proposed |
| 19 | | activity, the date the permit application will be submitted, |
| 20 | | and a
statement that persons may file written comments with |
| 21 | | the Agency concerning the
permit application within 30 days |
| 22 | | after the filing of the permit application
unless the time |
| 23 | | period to submit comments is extended by the Agency.
|
| 24 | | When a permit applicant submits information to the Agency |
| 25 | | to supplement a
permit application being reviewed by the |
| 26 | | Agency, the applicant shall not be
required to reissue the |
|
| | HB5501 | - 1906 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | notice under this subsection.
|
| 2 | | (2) The Agency shall accept written comments concerning |
| 3 | | the permit
application that are postmarked no later than 30 |
| 4 | | days after the
filing of the permit application, unless the |
| 5 | | time period to accept comments is
extended by the Agency.
|
| 6 | | (3) Each applicant for a permit described in part (1) of |
| 7 | | this subsection
shall file a
copy of the permit application |
| 8 | | with the county board or governing body of the
municipality in |
| 9 | | which the MSWLF unit is or is proposed to be located at the
|
| 10 | | same time the application is submitted to the Agency. The |
| 11 | | permit application
filed with the county board or governing |
| 12 | | body of the municipality shall include
all documents submitted |
| 13 | | to or to be submitted to the Agency, except trade
secrets as |
| 14 | | determined under Section 7.1 of this Act. The permit |
| 15 | | application
and other documents on file with the county board |
| 16 | | or governing body of the
municipality shall be made available |
| 17 | | for public inspection during regular
business hours at the |
| 18 | | office of the county board or the governing body of the
|
| 19 | | municipality and may be copied upon payment of the actual cost |
| 20 | | of
reproduction.
|
| 21 | | (q) Within 6 months after July 12, 2011 (the effective |
| 22 | | date of Public Act 97-95), the Agency, in consultation with |
| 23 | | the regulated community, shall develop a web portal to be |
| 24 | | posted on its website for the purpose of enhancing review and |
| 25 | | promoting timely issuance of permits required by this Act. At |
| 26 | | a minimum, the Agency shall make the following information |
|
| | HB5501 | - 1907 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | available on the web portal: |
| 2 | | (1) Checklists and guidance relating to the completion |
| 3 | | of permit applications, developed pursuant to subsection |
| 4 | | (s) of this Section, which may include, but are not |
| 5 | | limited to, existing instructions for completing the |
| 6 | | applications and examples of complete applications. As the |
| 7 | | Agency develops new checklists and develops guidance, it |
| 8 | | shall supplement the web portal with those materials. |
| 9 | | (2) Within 2 years after July 12, 2011 (the effective |
| 10 | | date of Public Act 97-95), permit application forms or |
| 11 | | portions of permit applications that can be completed and |
| 12 | | saved electronically, and submitted to the Agency |
| 13 | | electronically with digital signatures. |
| 14 | | (3) Within 2 years after July 12, 2011 (the effective |
| 15 | | date of Public Act 97-95), an online tracking system where |
| 16 | | an applicant may review the status of its pending |
| 17 | | application, including the name and contact information of |
| 18 | | the permit analyst assigned to the application. Until the |
| 19 | | online tracking system has been developed, the Agency |
| 20 | | shall post on its website semi-annual permitting |
| 21 | | efficiency tracking reports that include statistics on the |
| 22 | | timeframes for Agency action on the following types of |
| 23 | | permits received after July 12, 2011 (the effective date |
| 24 | | of Public Act 97-95): air construction permits, new NPDES |
| 25 | | permits and associated water construction permits, and |
| 26 | | modifications of major NPDES permits and associated water |
|
| | HB5501 | - 1908 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | construction permits. The reports must be posted by |
| 2 | | February 1 and August 1 each year and shall include: |
| 3 | | (A) the number of applications received for each |
| 4 | | type of permit, the number of applications on which |
| 5 | | the Agency has taken action, and the number of |
| 6 | | applications still pending; and |
| 7 | | (B) for those applications where the Agency has |
| 8 | | not taken action in accordance with the timeframes set |
| 9 | | forth in this Act, the date the application was |
| 10 | | received and the reasons for any delays, which may |
| 11 | | include, but shall not be limited to, (i) the |
| 12 | | application being inadequate or incomplete, (ii) |
| 13 | | scientific or technical disagreements with the |
| 14 | | applicant, USEPA, or other local, state, or federal |
| 15 | | agencies involved in the permitting approval process, |
| 16 | | (iii) public opposition to the permit, or (iv) Agency |
| 17 | | staffing shortages. To the extent practicable, the |
| 18 | | tracking report shall provide approximate dates when |
| 19 | | cause for delay was identified by the Agency, when the |
| 20 | | Agency informed the applicant of the problem leading |
| 21 | | to the delay, and when the applicant remedied the |
| 22 | | reason for the delay. |
| 23 | | (r) Upon the request of the applicant, the Agency shall |
| 24 | | notify the applicant of the permit analyst assigned to the |
| 25 | | application upon its receipt. |
| 26 | | (s) The Agency is authorized to prepare and distribute |
|
| | HB5501 | - 1909 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | guidance documents relating to its administration of this |
| 2 | | Section and procedural rules implementing this Section. |
| 3 | | Guidance documents prepared under this subsection shall not be |
| 4 | | considered rules and shall not be subject to the Illinois |
| 5 | | Administrative Procedure Act. Such guidance shall not be |
| 6 | | binding on any party. |
| 7 | | (t) Except as otherwise prohibited by federal law or |
| 8 | | regulation, any person submitting an application for a permit |
| 9 | | may include with the application suggested permit language for |
| 10 | | Agency consideration. The Agency is not obligated to use the |
| 11 | | suggested language or any portion thereof in its permitting |
| 12 | | decision. If requested by the permit applicant, the Agency |
| 13 | | shall meet with the applicant to discuss the suggested |
| 14 | | language. |
| 15 | | (u) If requested by the permit applicant, the Agency shall |
| 16 | | provide the permit applicant with a copy of the draft permit |
| 17 | | prior to any public review period. |
| 18 | | (v) If requested by the permit applicant, the Agency shall |
| 19 | | provide the permit applicant with a copy of the final permit |
| 20 | | prior to its issuance. |
| 21 | | (w) An air pollution permit shall not be required due to |
| 22 | | emissions of greenhouse gases, as specified by Section 9.15 of |
| 23 | | this Act. |
| 24 | | (x) If, before the expiration of a State operating permit |
| 25 | | that is issued pursuant to subsection (a) of this Section and |
| 26 | | contains federally enforceable conditions limiting the |
|
| | HB5501 | - 1910 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | potential to emit of the source to a level below the major |
| 2 | | source threshold for that source so as to exclude the source |
| 3 | | from the Clean Air Act Permit Program, the Agency receives a |
| 4 | | complete application for the renewal of that permit, then all |
| 5 | | of the terms and conditions of the permit shall remain in |
| 6 | | effect until final administrative action has been taken on the |
| 7 | | application for the renewal of the permit. |
| 8 | | (y) The Agency may issue permits exclusively under this |
| 9 | | subsection to persons owning or operating a CCR surface |
| 10 | | impoundment subject to Section 22.59. |
| 11 | | (z) If a mass animal mortality event is declared by the |
| 12 | | Department of Agriculture in accordance with the Animal |
| 13 | | Mortality Act: |
| 14 | | (1) the owner or operator responsible for the disposal |
| 15 | | of dead animals is exempted from the following: |
| 16 | | (i) obtaining a permit for the construction, |
| 17 | | installation, or operation of any type of facility or |
| 18 | | equipment issued in accordance with subsection (a) of |
| 19 | | this Section; |
| 20 | | (ii) obtaining a permit for open burning in |
| 21 | | accordance with the rules adopted by the Board; and |
| 22 | | (iii) registering the disposal of dead animals as |
| 23 | | an eligible small source with the Agency in accordance |
| 24 | | with Section 9.14 of this Act; |
| 25 | | (2) as applicable, the owner or operator responsible |
| 26 | | for the disposal of dead animals is required to obtain the |
|
| | HB5501 | - 1911 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | following permits: |
| 2 | | (i) an NPDES permit in accordance with subsection |
| 3 | | (b) of this Section; |
| 4 | | (ii) a PSD permit or an NA NSR permit in accordance |
| 5 | | with Section 9.1 of this Act; |
| 6 | | (iii) a lifetime State operating permit or a |
| 7 | | federally enforceable State operating permit, in |
| 8 | | accordance with subsection (a) of this Section; or |
| 9 | | (iv) a CAAPP permit, in accordance with Section |
| 10 | | 39.5 of this Act. |
| 11 | | All CCR surface impoundment permits shall contain those |
| 12 | | terms and conditions, including, but not limited to, schedules |
| 13 | | of compliance, which may be required to accomplish the |
| 14 | | purposes and provisions of this Act, Board regulations, the |
| 15 | | Illinois Groundwater Protection Act and regulations pursuant |
| 16 | | thereto, and the Resource Conservation and Recovery Act and |
| 17 | | regulations pursuant thereto, and may include schedules for |
| 18 | | achieving compliance therewith as soon as possible. |
| 19 | | The Board shall adopt filing requirements and procedures |
| 20 | | that are necessary and appropriate for the issuance of CCR |
| 21 | | surface impoundment permits and that are consistent with this |
| 22 | | Act or regulations adopted by the Board, and with the RCRA, as |
| 23 | | amended, and regulations pursuant thereto. |
| 24 | | The applicant shall make available to the public for |
| 25 | | inspection all documents submitted by the applicant to the |
| 26 | | Agency in furtherance of an application, with the exception of |
|
| | HB5501 | - 1913 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 8, 8.3, 9.5, |
| 2 | | 10, 11, and 13.2 as follows:
|
| 3 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
|
| 4 | | Sec. 1.1. For purposes of this Act:
|
| 5 | | "Addicted to narcotics" means a person who has been: |
| 6 | | (1) convicted of an offense involving the use or |
| 7 | | possession of cannabis, a controlled substance, or |
| 8 | | methamphetamine within the past year; or |
| 9 | | (2) determined by the Illinois State Police to be |
| 10 | | addicted to narcotics based upon federal law or federal |
| 11 | | guidelines. |
| 12 | | "Addicted to narcotics" does not include possession or use |
| 13 | | of a prescribed controlled substance under the direction and |
| 14 | | authority of a physician or other person authorized to |
| 15 | | prescribe the controlled substance when the controlled |
| 16 | | substance is used in the prescribed manner. |
| 17 | | "Adjudicated as a person with a mental disability" means |
| 18 | | the person is the subject of a determination by a court, board, |
| 19 | | commission or other lawful authority that the person, as a |
| 20 | | result of marked subnormal intelligence, or mental illness, |
| 21 | | mental impairment, incompetency, condition, or disease: |
| 22 | | (1) presents a clear and present danger to himself, |
| 23 | | herself, or to others; |
| 24 | | (2) lacks the mental capacity to manage his or her own |
| 25 | | affairs or is adjudicated a person with a disability as |
|
| | HB5501 | - 1915 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Disabilities Code; or |
| 2 | | (13) is subject to the provisions of the Interstate |
| 3 | | Agreements on Sexually Dangerous Persons Act. |
| 4 | | "Clear and present danger" means a person who: |
| 5 | | (1) communicates a serious threat of physical violence |
| 6 | | against a reasonably identifiable victim or poses a clear |
| 7 | | and imminent risk of serious physical injury to himself, |
| 8 | | herself, or another person as determined by a physician, |
| 9 | | clinical psychologist, or qualified examiner; or |
| 10 | | (2) demonstrates threatening physical or verbal |
| 11 | | behavior, such as violent, suicidal, or assaultive |
| 12 | | threats, actions, or other behavior, as determined by a |
| 13 | | physician, clinical psychologist, qualified examiner, |
| 14 | | school administrator, or law enforcement official. |
| 15 | | "Clinical psychologist" has the meaning provided in |
| 16 | | Section 1-103 of the Mental Health and Developmental |
| 17 | | Disabilities Code. |
| 18 | | "Controlled substance" means a controlled substance or |
| 19 | | controlled substance analog as defined in the Illinois |
| 20 | | Controlled Substances Act. |
| 21 | | "Counterfeit" means to copy or imitate, without legal |
| 22 | | authority, with
intent
to deceive. |
| 23 | | "Federally licensed firearm dealer" means a person who is |
| 24 | | licensed as a federal firearms dealer under Section 923 of the |
| 25 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
|
| 26 | | "Firearm" means any device, by
whatever name known, which |
|
| | HB5501 | - 1916 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | is designed to expel a projectile or projectiles
by the action |
| 2 | | of an explosion, expansion of gas or escape of gas; excluding,
|
| 3 | | however:
|
| 4 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
| 5 | | B-B gun which
expels a single globular projectile not |
| 6 | | exceeding .18 inch in
diameter or which has a maximum |
| 7 | | muzzle velocity of less than 700 feet
per second;
|
| 8 | | (1.1) any pneumatic gun, spring gun, paint ball gun, |
| 9 | | or B-B gun which expels breakable paint balls containing |
| 10 | | washable marking colors; |
| 11 | | (2) any device used exclusively for signaling or |
| 12 | | safety and required or
recommended by the United States |
| 13 | | Coast Guard or the Interstate Commerce
Commission;
|
| 14 | | (3) any device used exclusively for the firing of stud |
| 15 | | cartridges,
explosive rivets or similar industrial |
| 16 | | ammunition; and
|
| 17 | | (4) an antique firearm (other than a machine-gun) |
| 18 | | which, although
designed as a weapon, the Illinois State |
| 19 | | Police finds by reason of
the date of its manufacture, |
| 20 | | value, design, and other characteristics is
primarily a |
| 21 | | collector's item and is not likely to be used as a weapon.
|
| 22 | | "Firearm ammunition" means any self-contained cartridge or |
| 23 | | shotgun
shell, by whatever name known, which is designed to be |
| 24 | | used or adaptable to
use in a firearm; excluding, however:
|
| 25 | | (1) any ammunition exclusively designed for use with a |
| 26 | | device used
exclusively for signaling signalling or safety |
|
| | HB5501 | - 1917 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and required or recommended by the
United States Coast |
| 2 | | Guard or the Interstate Commerce Commission; and
|
| 3 | | (2) any ammunition designed exclusively for use with a |
| 4 | | stud or rivet
driver or other similar industrial |
| 5 | | ammunition. |
| 6 | | "Gun show" means an event or function: |
| 7 | | (1) at which the sale and transfer of firearms is the |
| 8 | | regular and normal course of business and where 50 or more |
| 9 | | firearms are displayed, offered, or exhibited for sale, |
| 10 | | transfer, or exchange; or |
| 11 | | (2) at which not less than 10 gun show vendors |
| 12 | | display, offer, or exhibit for sale, sell, transfer, or |
| 13 | | exchange firearms.
|
| 14 | | "Gun show" includes the entire premises provided for an |
| 15 | | event or function, including parking areas for the event or |
| 16 | | function, that is sponsored to facilitate the purchase, sale, |
| 17 | | transfer, or exchange of firearms as described in this |
| 18 | | Section.
Nothing in this definition shall be construed to |
| 19 | | exclude a gun show held in conjunction with competitive |
| 20 | | shooting events at the World Shooting Complex sanctioned by a |
| 21 | | national governing body in which the sale or transfer of |
| 22 | | firearms is authorized under subparagraph (5) of paragraph (g) |
| 23 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. |
| 24 | | Unless otherwise expressly stated, "gun show" does not |
| 25 | | include training or safety classes, competitive shooting |
| 26 | | events, such as rifle, shotgun, or handgun matches, trap, |
|
| | HB5501 | - 1918 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | skeet, or sporting clays shoots, dinners, banquets, raffles, |
| 2 | | or
any other event where the sale or transfer of firearms is |
| 3 | | not the primary course of business. |
| 4 | | "Gun show promoter" means a person who organizes or |
| 5 | | operates a gun show. |
| 6 | | "Gun show vendor" means a person who exhibits, sells, |
| 7 | | offers for sale, transfers, or exchanges any firearms at a gun |
| 8 | | show, regardless of whether the person arranges with a gun |
| 9 | | show promoter for a fixed location from which to exhibit, |
| 10 | | sell, offer for sale, transfer, or exchange any firearm. |
| 11 | | "Involuntarily admitted" has the meaning as prescribed in |
| 12 | | Sections 1-119 and 1-119.1 of the Mental Health and |
| 13 | | Developmental Disabilities Code. |
| 14 | | "Mental health facility" means any licensed private |
| 15 | | hospital or hospital affiliate, institution, or facility, or |
| 16 | | part thereof, and any facility, or part thereof, operated by |
| 17 | | the State or a political subdivision thereof which provides |
| 18 | | provide treatment of persons with mental illness and includes |
| 19 | | all hospitals, institutions, clinics, evaluation facilities, |
| 20 | | mental health centers, colleges, universities, long-term care |
| 21 | | facilities, and nursing homes, or parts thereof, which provide |
| 22 | | treatment of persons with mental illness whether or not the |
| 23 | | primary purpose is to provide treatment of persons with mental |
| 24 | | illness. |
| 25 | | "National governing body" means a group of persons who |
| 26 | | adopt rules and formulate policy on behalf of a national |
|
| | HB5501 | - 1919 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | firearm sporting organization. |
| 2 | | "Patient" means: |
| 3 | | (1) a person who is admitted as an inpatient or |
| 4 | | resident of a public or private mental health facility for |
| 5 | | mental health treatment under Chapter III of the Mental |
| 6 | | Health and Developmental Disabilities Code as an informal |
| 7 | | admission, a voluntary admission, a minor admission, an |
| 8 | | emergency admission, or an involuntary admission, unless |
| 9 | | the treatment was solely for an alcohol abuse disorder; or |
| 10 | | (2) a person who voluntarily or involuntarily receives |
| 11 | | mental health treatment as an out-patient or is otherwise |
| 12 | | provided services by a public or private mental health |
| 13 | | facility, and who poses a clear and present danger to |
| 14 | | himself, herself, or to others. |
| 15 | | "Person with a developmental disability" means a person |
| 16 | | with a disability which is attributable to any other condition |
| 17 | | which results in impairment similar to that caused by an |
| 18 | | intellectual disability and which requires services similar to |
| 19 | | those required by persons with intellectual disabilities. The |
| 20 | | disability must originate before the age of 18
years, be |
| 21 | | expected to continue indefinitely, and constitute a |
| 22 | | substantial disability. This disability results, in the |
| 23 | | professional opinion of a physician, clinical psychologist, or |
| 24 | | qualified examiner, in significant functional limitations in 3 |
| 25 | | or more of the following areas of major life activity: |
| 26 | | (i) self-care; |
|
| | HB5501 | - 1921 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Clear and Present Danger Determinations Law. |
| 2 | | "Stun gun or taser" has the meaning ascribed to it in |
| 3 | | Section 24-1 of the Criminal Code of 2012. |
| 4 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 5 | | revised 10-6-21.)
|
| 6 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
| 7 | | (Text of Section before amendment by P.A. 102-237) |
| 8 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
| 9 | | knowingly
transfer, or cause to be transferred, any firearm, |
| 10 | | firearm ammunition, stun gun, or taser to any person within |
| 11 | | this State unless the
transferee with whom he deals displays |
| 12 | | either: (1) a currently valid Firearm Owner's
Identification |
| 13 | | Card which has previously been issued in his or her name by the
|
| 14 | | Illinois State Police under the provisions of this Act; or (2) |
| 15 | | a currently valid license to carry a concealed firearm which |
| 16 | | has previously been issued in his or her name by the
Illinois |
| 17 | | State Police under the Firearm Concealed Carry Act. In |
| 18 | | addition,
all firearm, stun gun, and taser transfers by |
| 19 | | federally licensed firearm dealers are subject
to Section 3.1. |
| 20 | | (a-5) Any person who is not a federally licensed firearm |
| 21 | | dealer and who desires to transfer or sell a firearm while that |
| 22 | | person is on the grounds of a gun show must, before selling or |
| 23 | | transferring the firearm, request the Illinois State Police to |
| 24 | | conduct a background check on the prospective recipient of the |
| 25 | | firearm in accordance with Section 3.1.
|
|
| | HB5501 | - 1922 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
| 2 | | Section, any person who is not a federally licensed firearm |
| 3 | | dealer and who desires to transfer or sell a firearm or |
| 4 | | firearms to any person who is not a federally licensed firearm |
| 5 | | dealer shall, before selling or transferring the firearms, |
| 6 | | contact the Illinois State Police with the transferee's or |
| 7 | | purchaser's Firearm Owner's Identification Card number to |
| 8 | | determine the validity of the transferee's or purchaser's |
| 9 | | Firearm Owner's Identification Card. This subsection shall not |
| 10 | | be effective until January 1, 2014. The Illinois State Police |
| 11 | | may adopt rules concerning the implementation of this |
| 12 | | subsection. The Illinois State Police shall provide the seller |
| 13 | | or transferor an approval number if the purchaser's Firearm |
| 14 | | Owner's Identification Card is valid. Approvals issued by the |
| 15 | | Illinois State Police Department for the purchase of a firearm |
| 16 | | pursuant to this subsection are valid for 30 days from the date |
| 17 | | of issue. |
| 18 | | (a-15) The provisions of subsection (a-10) of this Section |
| 19 | | do not apply to: |
| 20 | | (1) transfers that occur at the place of business of a |
| 21 | | federally licensed firearm dealer, if the federally |
| 22 | | licensed firearm dealer conducts a background check on the |
| 23 | | prospective recipient of the firearm in accordance with |
| 24 | | Section 3.1 of this Act and follows all other applicable |
| 25 | | federal, State, and local laws as if he or she were the |
| 26 | | seller or transferor of the firearm, although the dealer |
|
| | HB5501 | - 1923 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | is not required to accept the firearm into his or her |
| 2 | | inventory. The purchaser or transferee may be required by |
| 3 | | the federally licensed firearm dealer to pay a fee not to |
| 4 | | exceed $10 per firearm, which the dealer may retain as |
| 5 | | compensation for performing the functions required under |
| 6 | | this paragraph, plus the applicable fees authorized by |
| 7 | | Section 3.1; |
| 8 | | (2) transfers as a bona fide gift to the transferor's |
| 9 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 10 | | father, mother, stepfather, stepmother, brother, sister, |
| 11 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 12 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 13 | | son-in-law, or daughter-in-law; |
| 14 | | (3) transfers by persons acting pursuant to operation |
| 15 | | of law or a court order; |
| 16 | | (4) transfers on the grounds of a gun show under |
| 17 | | subsection (a-5) of this Section; |
| 18 | | (5) the delivery of a firearm by its owner to a |
| 19 | | gunsmith for service or repair, the return of the firearm |
| 20 | | to its owner by the gunsmith, or the delivery of a firearm |
| 21 | | by a gunsmith to a federally licensed firearms dealer for |
| 22 | | service or repair and the return of the firearm to the |
| 23 | | gunsmith; |
| 24 | | (6) temporary transfers that occur while in the home |
| 25 | | of the unlicensed transferee, if the unlicensed transferee |
| 26 | | is not otherwise prohibited from possessing firearms and |
|
| | HB5501 | - 1924 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the unlicensed transferee reasonably believes that |
| 2 | | possession of the firearm is necessary to prevent imminent |
| 3 | | death or great bodily harm to the unlicensed transferee; |
| 4 | | (7) transfers to a law enforcement or corrections |
| 5 | | agency or a law enforcement or corrections officer acting |
| 6 | | within the course and scope of his or her official duties; |
| 7 | | (8) transfers of firearms that have been rendered |
| 8 | | permanently inoperable to a nonprofit historical society, |
| 9 | | museum, or institutional collection; and |
| 10 | | (9) transfers to a person who is exempt from the |
| 11 | | requirement of possessing a Firearm Owner's Identification |
| 12 | | Card under Section 2 of this Act. |
| 13 | | (a-20) The Illinois State Police shall develop an |
| 14 | | Internet-based system for individuals to determine the |
| 15 | | validity of a Firearm Owner's Identification Card prior to the |
| 16 | | sale or transfer of a firearm. The Illinois State Police |
| 17 | | Department shall have the Internet-based system completed and |
| 18 | | available for use by July 1, 2015. The Illinois State Police |
| 19 | | Department shall adopt rules not inconsistent with this |
| 20 | | Section to implement this system. |
| 21 | | (b) Any person within this State who transfers or causes |
| 22 | | to be
transferred any firearm, stun gun, or taser shall keep a |
| 23 | | record of such transfer for a period
of 10 years from the date |
| 24 | | of transfer. Such record shall contain the date
of the |
| 25 | | transfer; the description, serial number or other information
|
| 26 | | identifying the firearm, stun gun, or taser if no serial |
|
| | HB5501 | - 1925 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | number is available; and, if the
transfer was completed within |
| 2 | | this State, the transferee's Firearm Owner's
Identification |
| 3 | | Card number and any approval number or documentation provided |
| 4 | | by the Illinois State Police pursuant to subsection (a-10) of |
| 5 | | this Section; if the transfer was not completed within this |
| 6 | | State, the record shall contain the name and address of the |
| 7 | | transferee. On or after January 1, 2006, the record shall |
| 8 | | contain the date of application for transfer of the firearm. |
| 9 | | On demand of a peace officer such transferor
shall produce for |
| 10 | | inspection such record of transfer. If the transfer or sale |
| 11 | | took place at a gun show, the record shall include the unique |
| 12 | | identification number. Failure to record the unique |
| 13 | | identification number or approval number is a petty offense.
|
| 14 | | For transfers of a firearm, stun gun, or taser made on or after |
| 15 | | January 18, 2019 (the effective date of Public Act 100-1178) |
| 16 | | this amendatory Act of the 100th General Assembly, failure by |
| 17 | | the private seller to maintain the transfer records in |
| 18 | | accordance with this Section is a Class A misdemeanor for the |
| 19 | | first offense and a Class 4 felony for a second or subsequent |
| 20 | | offense. A transferee shall not be criminally liable under |
| 21 | | this Section provided that he or she provides the Illinois |
| 22 | | State Police with the transfer records in accordance with |
| 23 | | procedures established by the Illinois State Police |
| 24 | | Department. The Illinois State Police Department shall |
| 25 | | establish, by rule, a standard form on its website. |
| 26 | | (b-5) Any resident may purchase ammunition from a person |
|
| | HB5501 | - 1926 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | within or outside of Illinois if shipment is by United States |
| 2 | | mail or by a private express carrier authorized by federal law |
| 3 | | to ship ammunition. Any resident purchasing ammunition within |
| 4 | | or outside the State of Illinois must provide the seller with a |
| 5 | | copy of his or her valid Firearm Owner's Identification Card |
| 6 | | or valid concealed carry license and either his or her |
| 7 | | Illinois driver's license or Illinois State Identification |
| 8 | | Card prior to the shipment of the ammunition. The ammunition |
| 9 | | may be shipped only to an address on either of those 2 |
| 10 | | documents. |
| 11 | | (c) The provisions of this Section regarding the transfer |
| 12 | | of firearm
ammunition shall not apply to those persons |
| 13 | | specified in paragraph (b) of
Section 2 of this Act. |
| 14 | | (Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.)
|
| 15 | | (Text of Section after amendment by P.A. 102-237) |
| 16 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
| 17 | | knowingly
transfer, or cause to be transferred, any firearm, |
| 18 | | firearm ammunition, stun gun, or taser to any person within |
| 19 | | this State unless the
transferee with whom he deals displays |
| 20 | | either: (1) a currently valid Firearm Owner's
Identification |
| 21 | | Card which has previously been issued in his or her name by the
|
| 22 | | Illinois State Police under the provisions of this Act; or (2) |
| 23 | | a currently valid license to carry a concealed firearm which |
| 24 | | has previously been issued in his or her name by the
Illinois |
| 25 | | State Police under the Firearm Concealed Carry Act. In |
|
| | HB5501 | - 1927 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | addition,
all firearm, stun gun, and taser transfers by |
| 2 | | federally licensed firearm dealers are subject
to Section 3.1. |
| 3 | | (a-5) Any person who is not a federally licensed firearm |
| 4 | | dealer and who desires to transfer or sell a firearm while that |
| 5 | | person is on the grounds of a gun show must, before selling or |
| 6 | | transferring the firearm, request the Illinois State Police to |
| 7 | | conduct a background check on the prospective recipient of the |
| 8 | | firearm in accordance with Section 3.1.
|
| 9 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
| 10 | | Section, any person who is not a federally licensed firearm |
| 11 | | dealer and who desires to transfer or sell a firearm or |
| 12 | | firearms to any person who is not a federally licensed firearm |
| 13 | | dealer shall, before selling or transferring the firearms, |
| 14 | | contact a federal firearm license dealer under paragraph (1) |
| 15 | | of subsection (a-15) of this Section to conduct the transfer |
| 16 | | or the Illinois State Police with the transferee's or |
| 17 | | purchaser's Firearm Owner's Identification Card number to |
| 18 | | determine the validity of the transferee's or purchaser's |
| 19 | | Firearm Owner's Identification Card under State and federal |
| 20 | | law, including the National Instant Criminal Background Check |
| 21 | | System. This subsection shall not be effective until January |
| 22 | | 1, 2024. Until that date the transferor shall contact the |
| 23 | | Illinois State Police with the transferee's or purchaser's |
| 24 | | Firearm Owner's Identification Card number to determine the |
| 25 | | validity of the card. The Illinois State Police may adopt |
| 26 | | rules concerning the implementation of this subsection. The |
|
| | HB5501 | - 1928 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois State Police shall provide the seller or transferor |
| 2 | | an approval number if the purchaser's Firearm Owner's |
| 3 | | Identification Card is valid. Approvals issued by the Illinois |
| 4 | | State Police Department for the purchase of a firearm pursuant |
| 5 | | to this subsection are valid for 30 days from the date of |
| 6 | | issue. |
| 7 | | (a-15) The provisions of subsection (a-10) of this Section |
| 8 | | do not apply to: |
| 9 | | (1) transfers that occur at the place of business of a |
| 10 | | federally licensed firearm dealer, if the federally |
| 11 | | licensed firearm dealer conducts a background check on the |
| 12 | | prospective recipient of the firearm in accordance with |
| 13 | | Section 3.1 of this Act and follows all other applicable |
| 14 | | federal, State, and local laws as if he or she were the |
| 15 | | seller or transferor of the firearm, although the dealer |
| 16 | | is not required to accept the firearm into his or her |
| 17 | | inventory. The purchaser or transferee may be required by |
| 18 | | the federally licensed firearm dealer to pay a fee not to |
| 19 | | exceed $25 per firearm, which the dealer may retain as |
| 20 | | compensation for performing the functions required under |
| 21 | | this paragraph, plus the applicable fees authorized by |
| 22 | | Section 3.1; |
| 23 | | (2) transfers as a bona fide gift to the transferor's |
| 24 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 25 | | father, mother, stepfather, stepmother, brother, sister, |
| 26 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
|
| | HB5501 | - 1929 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 2 | | son-in-law, or daughter-in-law; |
| 3 | | (3) transfers by persons acting pursuant to operation |
| 4 | | of law or a court order; |
| 5 | | (4) transfers on the grounds of a gun show under |
| 6 | | subsection (a-5) of this Section; |
| 7 | | (5) the delivery of a firearm by its owner to a |
| 8 | | gunsmith for service or repair, the return of the firearm |
| 9 | | to its owner by the gunsmith, or the delivery of a firearm |
| 10 | | by a gunsmith to a federally licensed firearms dealer for |
| 11 | | service or repair and the return of the firearm to the |
| 12 | | gunsmith; |
| 13 | | (6) temporary transfers that occur while in the home |
| 14 | | of the unlicensed transferee, if the unlicensed transferee |
| 15 | | is not otherwise prohibited from possessing firearms and |
| 16 | | the unlicensed transferee reasonably believes that |
| 17 | | possession of the firearm is necessary to prevent imminent |
| 18 | | death or great bodily harm to the unlicensed transferee; |
| 19 | | (7) transfers to a law enforcement or corrections |
| 20 | | agency or a law enforcement or corrections officer acting |
| 21 | | within the course and scope of his or her official duties; |
| 22 | | (8) transfers of firearms that have been rendered |
| 23 | | permanently inoperable to a nonprofit historical society, |
| 24 | | museum, or institutional collection; and |
| 25 | | (9) transfers to a person who is exempt from the |
| 26 | | requirement of possessing a Firearm Owner's Identification |
|
| | HB5501 | - 1930 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Card under Section 2 of this Act. |
| 2 | | (a-20) The Illinois State Police shall develop an |
| 3 | | Internet-based system for individuals to determine the |
| 4 | | validity of a Firearm Owner's Identification Card prior to the |
| 5 | | sale or transfer of a firearm. The Illinois State Police |
| 6 | | Department shall have the Internet-based system updated and |
| 7 | | available for use by January 1, 2024. The Illinois State |
| 8 | | Police shall adopt rules not inconsistent with this Section to |
| 9 | | implement this system; but no rule shall allow the Illinois |
| 10 | | State Police to retain records in contravention of State and |
| 11 | | federal law. |
| 12 | | (a-25) On or before January 1, 2022, the Illinois State |
| 13 | | Police shall develop an Internet-based system upon which the |
| 14 | | serial numbers of firearms that have been reported stolen are |
| 15 | | available for public access for individuals to ensure any |
| 16 | | firearms are not reported stolen prior to the sale or transfer |
| 17 | | of a firearm under this Section. The Illinois State Police |
| 18 | | shall have the Internet-based system completed and available |
| 19 | | for use by July 1, 2022. The Illinois State Police Department |
| 20 | | shall adopt rules not inconsistent with this Section to |
| 21 | | implement this system. |
| 22 | | (b) Any person within this State who transfers or causes |
| 23 | | to be
transferred any firearm, stun gun, or taser shall keep a |
| 24 | | record of such transfer for a period
of 10 years from the date |
| 25 | | of transfer. Any person within this State who receives any |
| 26 | | firearm, stun gun, or taser pursuant to subsection (a-10) |
|
| | HB5501 | - 1931 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall provide a record of the transfer within 10 days of the |
| 2 | | transfer to a federally licensed firearm dealer and shall not |
| 3 | | be required to maintain a transfer record. The federally |
| 4 | | licensed firearm dealer shall maintain the transfer record for |
| 5 | | 20 years from the date of receipt. A federally licensed |
| 6 | | firearm dealer may charge a fee not to exceed $25 to retain the |
| 7 | | record. The record shall be provided and maintained in either |
| 8 | | an electronic or paper format. The federally licensed firearm |
| 9 | | dealer shall not be liable for the accuracy of any information |
| 10 | | in the transfer record submitted pursuant to this Section. |
| 11 | | Such records shall contain the date
of the transfer; the |
| 12 | | description, serial number or other information
identifying |
| 13 | | the firearm, stun gun, or taser if no serial number is |
| 14 | | available; and, if the
transfer was completed within this |
| 15 | | State, the transferee's Firearm Owner's
Identification Card |
| 16 | | number and any approval number or documentation provided by |
| 17 | | the Illinois State Police pursuant to subsection (a-10) of |
| 18 | | this Section; if the transfer was not completed within this |
| 19 | | State, the record shall contain the name and address of the |
| 20 | | transferee. On or after January 1, 2006, the record shall |
| 21 | | contain the date of application for transfer of the firearm. |
| 22 | | On demand of a peace officer such transferor shall produce for |
| 23 | | inspection such record of transfer. For any transfer pursuant |
| 24 | | to subsection (a-10) of this Section, on the demand of a peace |
| 25 | | officer, such transferee shall identify the federally licensed |
| 26 | | firearm dealer maintaining the transfer record. If the |
|
| | HB5501 | - 1932 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | transfer or sale took place at a gun show, the record shall |
| 2 | | include the unique identification number. Failure to record |
| 3 | | the unique identification number or approval number is a petty |
| 4 | | offense.
For transfers of a firearm, stun gun, or taser made on |
| 5 | | or after January 18, 2019 (the effective date of Public Act |
| 6 | | 100-1178) this amendatory Act of the 100th General Assembly, |
| 7 | | failure by the private seller to maintain the transfer records |
| 8 | | in accordance with this Section, or failure by a transferee |
| 9 | | pursuant to subsection a-10 of this Section to identify the |
| 10 | | federally licensed firearm dealer maintaining the transfer |
| 11 | | record, is a Class A misdemeanor for the first offense and a |
| 12 | | Class 4 felony for a second or subsequent offense occurring |
| 13 | | within 10 years of the first offense and the second offense was |
| 14 | | committed after conviction of the first offense. Whenever any |
| 15 | | person who has not previously been convicted of any violation |
| 16 | | of subsection (a-5), the court may grant supervision pursuant |
| 17 | | to and consistent with the limitations of Section 5-6-1 of the |
| 18 | | Unified Code of Corrections. A transferee or transferor shall |
| 19 | | not be criminally liable under this Section provided that he |
| 20 | | or she provides the Illinois State Police with the transfer |
| 21 | | records in accordance with procedures established by the |
| 22 | | Illinois State Police Department. The Illinois State Police |
| 23 | | Department shall establish, by rule, a standard form on its |
| 24 | | website. |
| 25 | | (b-5) Any resident may purchase ammunition from a person |
| 26 | | within or outside of Illinois if shipment is by United States |
|
| | HB5501 | - 1933 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | mail or by a private express carrier authorized by federal law |
| 2 | | to ship ammunition. Any resident purchasing ammunition within |
| 3 | | or outside the State of Illinois must provide the seller with a |
| 4 | | copy of his or her valid Firearm Owner's Identification Card |
| 5 | | or valid concealed carry license and either his or her |
| 6 | | Illinois driver's license or Illinois State Identification |
| 7 | | Card prior to the shipment of the ammunition. The ammunition |
| 8 | | may be shipped only to an address on either of those 2 |
| 9 | | documents. |
| 10 | | (c) The provisions of this Section regarding the transfer |
| 11 | | of firearm
ammunition shall not apply to those persons |
| 12 | | specified in paragraph (b) of
Section 2 of this Act. |
| 13 | | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; |
| 14 | | revised 10-13-21.)
|
| 15 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
|
| 16 | | Sec. 3.1. Firearm Transfer Inquiry Program. |
| 17 | | (a) The Illinois State Police shall provide
a dial up |
| 18 | | telephone system or utilize other existing technology which |
| 19 | | shall be used by any federally licensed
firearm dealer, gun |
| 20 | | show promoter, or gun show vendor who is to transfer a firearm, |
| 21 | | stun gun, or taser under the provisions of this
Act. The |
| 22 | | Illinois State Police may utilize existing technology which
|
| 23 | | allows the caller to be charged a fee not to exceed $2. Fees |
| 24 | | collected by the Illinois State Police shall be deposited in |
| 25 | | the State Police Firearm Services Fund and used
to provide the |
|
| | HB5501 | - 1934 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | service.
|
| 2 | | (b) Upon receiving a request from a federally licensed |
| 3 | | firearm dealer, gun show promoter, or gun show vendor, the
|
| 4 | | Illinois State Police shall immediately approve, or, within |
| 5 | | the time
period established by Section 24-3 of the Criminal |
| 6 | | Code of 2012 regarding
the delivery of firearms, stun guns, |
| 7 | | and tasers, notify the inquiring dealer, gun show promoter, or |
| 8 | | gun show vendor of any objection that
would disqualify the |
| 9 | | transferee from acquiring or possessing a firearm, stun gun, |
| 10 | | or taser. In
conducting the inquiry, the Illinois State Police |
| 11 | | shall initiate and
complete an automated search of its |
| 12 | | criminal history record information
files and those of the |
| 13 | | Federal Bureau of Investigation, including the
National |
| 14 | | Instant Criminal Background Check System, and of the files of
|
| 15 | | the Department of Human Services relating to mental health and
|
| 16 | | developmental disabilities to obtain
any felony conviction or |
| 17 | | patient hospitalization information which would
disqualify a |
| 18 | | person from obtaining or require revocation of a currently
|
| 19 | | valid Firearm Owner's Identification Card. |
| 20 | | (b-5) By January 1, 2023, the Illinois State Police shall |
| 21 | | by rule provide a process for the automatic renewal of the |
| 22 | | Firearm Owner's Identification Card of a person at the time of |
| 23 | | an inquiry in subsection (b). Persons eligible for this |
| 24 | | process must have a set of fingerprints on file with their |
| 25 | | applications application under either subsection (a-25) of |
| 26 | | Section 4 or the Firearm Concealed Carry Act. |
|
| | HB5501 | - 1935 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (c) If receipt of a firearm would not violate Section 24-3 |
| 2 | | of the Criminal Code of 2012, federal law, or this Act, the |
| 3 | | Illinois State Police shall: |
| 4 | | (1) assign a unique identification number to the |
| 5 | | transfer; and |
| 6 | | (2) provide the licensee, gun show promoter, or gun |
| 7 | | show vendor with the number. |
| 8 | | (d) Approvals issued by the Illinois State Police for the |
| 9 | | purchase of a firearm are valid for 30 days from the date of |
| 10 | | issue.
|
| 11 | | (e) (1) The Illinois State Police must act as the Illinois |
| 12 | | Point of Contact
for the National Instant Criminal Background |
| 13 | | Check System. |
| 14 | | (2) The Illinois State Police and the Department of Human |
| 15 | | Services shall, in accordance with State and federal law |
| 16 | | regarding confidentiality, enter into a memorandum of |
| 17 | | understanding with the Federal Bureau of Investigation for the |
| 18 | | purpose of implementing the National Instant Criminal |
| 19 | | Background Check System in the State. The Illinois State |
| 20 | | Police shall report the name, date of birth, and physical |
| 21 | | description of any person prohibited from possessing a firearm |
| 22 | | pursuant to the Firearm Owners Identification Card Act or 18 |
| 23 | | U.S.C. 922(g) and (n) to the National Instant Criminal |
| 24 | | Background Check System Index, Denied Persons Files.
|
| 25 | | (3) The Illinois State Police shall provide notice of the |
| 26 | | disqualification of a person under subsection (b) of this |
|
| | HB5501 | - 1937 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ammunition and that
he or she has never been convicted |
| 2 | | of a misdemeanor other than a traffic
offense or |
| 3 | | adjudged
delinquent, provided, however, that such |
| 4 | | parent or legal guardian is not an
individual |
| 5 | | prohibited from having a Firearm Owner's |
| 6 | | Identification Card and
files an affidavit with the |
| 7 | | Department as prescribed by the Department
stating |
| 8 | | that he or she is not an individual prohibited from |
| 9 | | having a Card; |
| 10 | | (i-5) This subparagraph (i-5) applies on and after |
| 11 | | the 181st day following July 12, 2019 (the effective |
| 12 | | date of Public Act 101-80) this amendatory Act of the |
| 13 | | 101st General Assembly. He or she is 21 years of age or |
| 14 | | over, or if he or she is under 21
years of age that he |
| 15 | | or she has never been convicted of a misdemeanor other |
| 16 | | than a traffic offense or adjudged delinquent and is |
| 17 | | an active duty member of the United States Armed |
| 18 | | Forces or has the written consent of his or her parent |
| 19 | | or
legal guardian to possess and acquire firearms and |
| 20 | | firearm ammunition, provided, however, that such |
| 21 | | parent or legal guardian is not an
individual |
| 22 | | prohibited from having a Firearm Owner's |
| 23 | | Identification Card and
files an affidavit with the |
| 24 | | Illinois State Police Department as prescribed by the |
| 25 | | Illinois State Police Department
stating that he or |
| 26 | | she is not an individual prohibited from having a Card |
|
| | HB5501 | - 1938 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or the active duty member of the United States Armed |
| 2 | | Forces under 21 years of age annually submits proof to |
| 3 | | the Illinois State Police, in a manner prescribed by |
| 4 | | the Illinois State Police Department;
|
| 5 | | (ii) He or she has not been convicted of a felony |
| 6 | | under the laws of
this or any other jurisdiction;
|
| 7 | | (iii) He or she is not addicted to narcotics;
|
| 8 | | (iv) He or she has not been a patient in a mental |
| 9 | | health facility within
the past 5 years or, if he or |
| 10 | | she has been a patient in a mental health facility more |
| 11 | | than 5 years ago submit the certification required |
| 12 | | under subsection (u) of Section 8 of this Act;
|
| 13 | | (v) He or she is not a person with an intellectual |
| 14 | | disability;
|
| 15 | | (vi) He or she is not an alien who is unlawfully |
| 16 | | present in the
United States under the laws of the |
| 17 | | United States;
|
| 18 | | (vii) He or she is not subject to an existing order |
| 19 | | of protection
prohibiting him or her from possessing a |
| 20 | | firearm;
|
| 21 | | (viii) He or she has not been convicted within the |
| 22 | | past 5 years of
battery, assault, aggravated assault, |
| 23 | | violation of an order of
protection, or a |
| 24 | | substantially similar offense in another jurisdiction, |
| 25 | | in
which a firearm was used or possessed;
|
| 26 | | (ix) He or she has not been convicted of domestic |
|
| | HB5501 | - 1939 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | battery, aggravated domestic battery, or a
|
| 2 | | substantially similar offense in another
jurisdiction |
| 3 | | committed before, on or after January 1, 2012 (the |
| 4 | | effective date of Public Act 97-158). If the applicant |
| 5 | | knowingly and intelligently waives the right to have |
| 6 | | an offense described in this clause (ix) tried by a |
| 7 | | jury, and by guilty plea or otherwise, results in a |
| 8 | | conviction for an offense in which a domestic |
| 9 | | relationship is not a required element of the offense |
| 10 | | but in which a determination of the applicability of |
| 11 | | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of |
| 12 | | the Code of Criminal Procedure of 1963, an entry by the |
| 13 | | court of a judgment of conviction for that offense |
| 14 | | shall be grounds for denying the issuance of a Firearm |
| 15 | | Owner's Identification Card under this Section;
|
| 16 | | (x) (Blank);
|
| 17 | | (xi) He or she is not an alien who has been |
| 18 | | admitted to the United
States under a non-immigrant |
| 19 | | visa (as that term is defined in Section
101(a)(26) of |
| 20 | | the Immigration and Nationality Act (8 U.S.C. |
| 21 | | 1101(a)(26))),
or that he or she is an alien who has |
| 22 | | been lawfully admitted to the United
States under a |
| 23 | | non-immigrant visa if that alien is:
|
| 24 | | (1) admitted to the United States for lawful |
| 25 | | hunting or sporting
purposes;
|
| 26 | | (2) an official representative of a foreign |
|
| | HB5501 | - 1941 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois; |
| 2 | | (xv) He or she has not been adjudicated as a person |
| 3 | | with a mental disability; |
| 4 | | (xvi) He or she has not been involuntarily |
| 5 | | admitted into a mental health facility; and |
| 6 | | (xvii) He or she is not a person with a |
| 7 | | developmental disability; and |
| 8 | | (3) Upon request by the Illinois State Police, sign a |
| 9 | | release on a
form prescribed by the Illinois State Police |
| 10 | | waiving any right to
confidentiality and requesting the |
| 11 | | disclosure to the Illinois State Police
of limited mental |
| 12 | | health institution admission information from another |
| 13 | | state,
the District of Columbia, any other territory of |
| 14 | | the United States, or a
foreign nation concerning the |
| 15 | | applicant for the sole purpose of determining
whether the |
| 16 | | applicant is or was a patient in a mental health |
| 17 | | institution and
disqualified because of that status from |
| 18 | | receiving a Firearm Owner's
Identification Card. No mental |
| 19 | | health care or treatment records may be
requested. The |
| 20 | | information received shall be destroyed within one year of
|
| 21 | | receipt.
|
| 22 | | (a-5) Each applicant for a Firearm Owner's Identification |
| 23 | | Card who is over
the age of 18 shall furnish to the Illinois |
| 24 | | State Police either his or
her Illinois driver's license |
| 25 | | number or Illinois Identification Card number, except as
|
| 26 | | provided in subsection (a-10).
|
|
| | HB5501 | - 1942 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a-10) Each applicant for a Firearm Owner's Identification |
| 2 | | Card,
who is employed as a law enforcement officer, an armed |
| 3 | | security officer in Illinois, or by the United States Military
|
| 4 | | permanently assigned in Illinois and who is not an Illinois |
| 5 | | resident, shall furnish to
the Illinois State Police his or |
| 6 | | her driver's license number or state
identification card |
| 7 | | number from his or her state of residence. The Illinois State |
| 8 | | Police may adopt rules to enforce the provisions of this
|
| 9 | | subsection (a-10).
|
| 10 | | (a-15) If an applicant applying for a Firearm Owner's |
| 11 | | Identification Card moves from the residence address named in |
| 12 | | the application, he or she shall immediately notify in a form |
| 13 | | and manner prescribed by the Illinois State Police of that |
| 14 | | change of address. |
| 15 | | (a-20) Each applicant for a Firearm Owner's Identification |
| 16 | | Card shall furnish to the Illinois State Police his or her |
| 17 | | photograph. An applicant who is 21 years of age or older |
| 18 | | seeking a religious exemption to the photograph requirement |
| 19 | | must furnish with the application an approved copy of United |
| 20 | | States Department of the Treasury Internal Revenue Service |
| 21 | | Form 4029. In lieu of a photograph, an applicant regardless of |
| 22 | | age seeking a religious exemption to the photograph |
| 23 | | requirement shall submit fingerprints on a form and manner |
| 24 | | prescribed by the Illinois State Police Department with his or |
| 25 | | her application. |
| 26 | | (a-25) Beginning January 1, 2023, each applicant for the |
|
| | HB5501 | - 1943 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | issuance of a Firearm Owner's Identification Card may include |
| 2 | | a full set of his or her fingerprints in electronic format to |
| 3 | | the Illinois State Police, unless the applicant has previously |
| 4 | | provided a full set of his or her fingerprints to the Illinois |
| 5 | | State Police under this Act or the Firearm Concealed Carry |
| 6 | | Act. |
| 7 | | The fingerprints must be transmitted through a live scan |
| 8 | | fingerprint vendor licensed by the Department of Financial and |
| 9 | | Professional Regulation. The fingerprints shall be checked |
| 10 | | against the fingerprint records now and hereafter filed in the |
| 11 | | Illinois State Police and Federal Bureau of Investigation |
| 12 | | criminal history records databases, including all available |
| 13 | | State and local criminal history record information files. |
| 14 | | The Illinois State Police shall charge applicants a |
| 15 | | one-time fee for conducting the criminal history record check, |
| 16 | | which shall be deposited into the State Police Services Fund |
| 17 | | and shall not exceed the actual cost of the State and national |
| 18 | | criminal history record check. |
| 19 | | (a-26) The Illinois State Police shall research, explore, |
| 20 | | and report to the General Assembly by January 1, 2022 on the |
| 21 | | feasibility of permitting voluntarily submitted fingerprints |
| 22 | | obtained for purposes other than Firearm Owner's |
| 23 | | Identification Card enforcement that are contained in the |
| 24 | | Illinois State Police database for purposes of this Act. |
| 25 | | (b) Each application form shall include the following |
| 26 | | statement printed in
bold type: "Warning: Entering false |
|
| | HB5501 | - 1944 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | information on an application for a Firearm
Owner's |
| 2 | | Identification Card is punishable as a Class 2 felony in |
| 3 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
| 4 | | Owners Identification Card
Act.".
|
| 5 | | (c) Upon such written consent, pursuant to Section 4, |
| 6 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
| 7 | | consent shall be liable for any
damages resulting from the |
| 8 | | applicant's use of firearms or firearm ammunition.
|
| 9 | | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; |
| 10 | | 102-538, eff. 8-20-21; revised 10-12-21.)
|
| 11 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
|
| 12 | | Sec. 5. Application and renewal. |
| 13 | | (a) The Illinois State Police shall either approve or
deny |
| 14 | | all applications within 30 days from the date they are |
| 15 | | received,
except as provided in subsections (b) and (c), and |
| 16 | | every applicant found qualified under Section 8 of this Act by
|
| 17 | | the Illinois State Police Department shall be entitled to a |
| 18 | | Firearm Owner's Identification
Card upon the payment of a $10 |
| 19 | | fee and applicable processing fees. The processing fees shall |
| 20 | | be limited to charges by the State Treasurer for using the |
| 21 | | electronic online payment system. Any applicant who is an |
| 22 | | active duty member of the Armed Forces of the United States, a |
| 23 | | member of the Illinois National Guard, or a member of the |
| 24 | | Reserve Forces of the United States is exempt from the |
| 25 | | application fee. $5 of each fee derived from the issuance of a |
|
| | HB5501 | - 1945 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Firearm Owner's Identification Card or renewals, thereof, |
| 2 | | shall be deposited in the State Police Firearm Services Fund |
| 3 | | and $5 into the State Police Revocation Enforcement Fund. |
| 4 | | (b) Renewal applications shall be approved or denied |
| 5 | | within 60 business days, provided the applicant submitted his |
| 6 | | or her renewal application prior to the expiration of his or |
| 7 | | her Firearm Owner's Identification Card. If a renewal |
| 8 | | application has been submitted prior to the expiration date of |
| 9 | | the applicant's Firearm Owner's Identification Card, the |
| 10 | | Firearm Owner's Identification Card shall remain valid while |
| 11 | | the Illinois State Police Department processes the |
| 12 | | application, unless the person is subject to or becomes |
| 13 | | subject to revocation under this Act. The cost for a renewal |
| 14 | | application shall be $10, and may include applicable |
| 15 | | processing fees, which shall be limited to charges by the |
| 16 | | State Treasurer for using the electronic online payment |
| 17 | | system, which shall be deposited into the State Police Firearm |
| 18 | | Services Fund. |
| 19 | | (c) If the Firearm Owner's Identification Card of a |
| 20 | | licensee under the Firearm Concealed Carry Act expires during |
| 21 | | the term of the licensee's concealed carry license, the |
| 22 | | Firearm Owner's Identification Card and the license remain |
| 23 | | valid and the licensee does not have to renew his or her |
| 24 | | Firearm Owner's Identification Card during the duration of the |
| 25 | | concealed carry license. Unless the Illinois State Police has |
| 26 | | reason to believe the licensee is no longer eligible for the |
|
| | HB5501 | - 1946 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | card, the Illinois State Police may automatically renew the |
| 2 | | licensee's Firearm Owner's Identification Card and send a |
| 3 | | renewed Firearm Owner's Identification Card to the licensee. |
| 4 | | (d) The Illinois State Police may adopt rules concerning |
| 5 | | the use of voluntarily submitted fingerprints, as allowed by |
| 6 | | State and federal law.
|
| 7 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 8 | | revised 10-13-21.)
|
| 9 | | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
|
| 10 | | Sec. 6. Contents of Firearm Owner's Identification Card.
|
| 11 | | (a) A Firearm Owner's Identification Card, issued by the |
| 12 | | Illinois State Police at such places as the Director of the |
| 13 | | Illinois State Police
shall
specify, shall contain the |
| 14 | | applicant's name, residence, date of birth, sex,
physical |
| 15 | | description, recent photograph, except as provided in |
| 16 | | subsection (c-5), and signature. Each Firearm Owner's
|
| 17 | | Identification Card must have the Firearm Owner's |
| 18 | | Identification Card number boldly and conspicuously
displayed |
| 19 | | on the face of the card. Each Firearm Owner's
Identification |
| 20 | | Card must have printed on it the following: "CAUTION - This
|
| 21 | | card does not permit bearer to UNLAWFULLY carry or use |
| 22 | | firearms."
Before December 1, 2002,
the Department of State |
| 23 | | Police may use a person's digital photograph and signature |
| 24 | | from his or
her
Illinois driver's license or Illinois |
| 25 | | Identification Card, if available. On
and after December 1, |
|
| | HB5501 | - 1947 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 2002,
the Illinois State Police (formerly the Department of |
| 2 | | State Police) Department shall use a person's digital |
| 3 | | photograph and signature from his
or her
Illinois driver's |
| 4 | | license or Illinois Identification Card, if available. The |
| 5 | | Illinois State Police
Department shall decline to use a |
| 6 | | person's digital photograph or signature if
the digital |
| 7 | | photograph or signature is the result of or associated with
|
| 8 | | fraudulent or erroneous data, unless otherwise provided by |
| 9 | | law.
|
| 10 | | (b) A person applying for a Firearm Owner's Identification |
| 11 | | Card shall
consent
to the Illinois State Police using the |
| 12 | | applicant's digital driver's
license
or Illinois |
| 13 | | Identification Card photograph, if available, and signature on |
| 14 | | the
applicant's
Firearm Owner's Identification Card. The |
| 15 | | Secretary
of State shall allow the Illinois State Police |
| 16 | | access to the photograph
and signature for the purpose of |
| 17 | | identifying the applicant and issuing to the
applicant a
|
| 18 | | Firearm Owner's Identification Card.
|
| 19 | | (c) The Secretary of State shall conduct a study to |
| 20 | | determine the cost
and
feasibility of creating a method of |
| 21 | | adding an identifiable code, background, or
other means on the |
| 22 | | driver's license or Illinois Identification Card to show
that
|
| 23 | | an individual is not disqualified from owning or possessing a |
| 24 | | firearm under
State or federal law. The Secretary shall report |
| 25 | | the findings of this study August 17, 2002 (12 months after the |
| 26 | | effective date of Public Act 92-442) this amendatory Act of |
|
| | HB5501 | - 1948 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the 92nd General
Assembly.
|
| 2 | | (c-5) If a person qualifies for a photograph exemption, in |
| 3 | | lieu of a photograph, the Firearm Owner's Identification Card |
| 4 | | shall contain a copy of the card holder's fingerprints. Each |
| 5 | | Firearm Owner's Identification Card described in this |
| 6 | | subsection (c-5) must have printed on it the following: "This |
| 7 | | card is only valid for firearm purchases through a federally |
| 8 | | licensed firearms dealer when presented with photographic |
| 9 | | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." |
| 10 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 11 | | revised 10-14-21.)
|
| 12 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
|
| 13 | | Sec. 8. Grounds for denial and revocation. The Illinois |
| 14 | | State Police has authority to deny an
application for or to |
| 15 | | revoke and seize a Firearm Owner's Identification
Card |
| 16 | | previously issued under this Act only if the Illinois State |
| 17 | | Police Department finds that the
applicant or the person to |
| 18 | | whom such card was issued is or was at the time
of issuance:
|
| 19 | | (a) A person under 21 years of age who has been |
| 20 | | convicted of a
misdemeanor other than a traffic offense or |
| 21 | | adjudged delinquent;
|
| 22 | | (b) This subsection (b) applies through the 180th day |
| 23 | | following July 12, 2019 (the effective date of Public Act |
| 24 | | 101-80) this amendatory Act of the 101st General Assembly. |
| 25 | | A person under 21 years of age who does not have the |
|
| | HB5501 | - 1949 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | written consent
of his parent or guardian to acquire and |
| 2 | | possess firearms and firearm
ammunition, or whose parent |
| 3 | | or guardian has revoked such written consent,
or where |
| 4 | | such parent or guardian does not qualify to have a Firearm |
| 5 | | Owner's
Identification Card; |
| 6 | | (b-5) This subsection (b-5) applies on and after the |
| 7 | | 181st day following July 12, 2019 (the effective date of |
| 8 | | Public Act 101-80) this amendatory Act of the 101st |
| 9 | | General Assembly. A person under 21 years of age who is not |
| 10 | | an active duty member of the United States Armed Forces |
| 11 | | and does not have the written consent
of his or her parent |
| 12 | | or guardian to acquire and possess firearms and firearm
|
| 13 | | ammunition, or whose parent or guardian has revoked such |
| 14 | | written consent,
or where such parent or guardian does not |
| 15 | | qualify to have a Firearm Owner's
Identification Card;
|
| 16 | | (c) A person convicted of a felony under the laws of |
| 17 | | this or any other
jurisdiction;
|
| 18 | | (d) A person addicted to narcotics;
|
| 19 | | (e) A person who has been a patient of a mental health |
| 20 | | facility within the
past 5 years or a person who has been a |
| 21 | | patient in a mental health facility more than 5 years ago |
| 22 | | who has not received the certification required under |
| 23 | | subsection (u) of this Section. An active law enforcement |
| 24 | | officer employed by a unit of government or a Department |
| 25 | | of Corrections employee authorized to possess firearms who |
| 26 | | is denied, revoked, or has his or her Firearm Owner's |
|
| | HB5501 | - 1950 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Identification Card seized under this subsection (e) may |
| 2 | | obtain relief as described in subsection (c-5) of Section |
| 3 | | 10 of this Act if the officer or employee did not act in a |
| 4 | | manner threatening to the officer or employee, another |
| 5 | | person, or the public as determined by the treating |
| 6 | | clinical psychologist or physician, and the officer or |
| 7 | | employee seeks mental health treatment;
|
| 8 | | (f) A person whose mental condition is of such a |
| 9 | | nature that it poses
a clear and present danger to the |
| 10 | | applicant, any other person or persons, or
the community;
|
| 11 | | (g) A person who has an intellectual disability;
|
| 12 | | (h) A person who intentionally makes a false statement |
| 13 | | in the Firearm
Owner's Identification Card application;
|
| 14 | | (i) An alien who is unlawfully present in
the United |
| 15 | | States under the laws of the United States;
|
| 16 | | (i-5) An alien who has been admitted to the United |
| 17 | | States under a
non-immigrant visa (as that term is defined |
| 18 | | in Section 101(a)(26) of the
Immigration and Nationality |
| 19 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
| 20 | | (i-5) does not apply to any alien who has been lawfully |
| 21 | | admitted to
the United States under a non-immigrant visa |
| 22 | | if that alien is:
|
| 23 | | (1) admitted to the United States for lawful |
| 24 | | hunting or sporting purposes;
|
| 25 | | (2) an official representative of a foreign |
| 26 | | government who is:
|
|
| | HB5501 | - 1951 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (A) accredited to the United States Government |
| 2 | | or the Government's
mission to an international |
| 3 | | organization having its headquarters in the United
|
| 4 | | States; or
|
| 5 | | (B) en route to or from another country to |
| 6 | | which that alien is
accredited;
|
| 7 | | (3) an official of a foreign government or |
| 8 | | distinguished foreign visitor
who has been so |
| 9 | | designated by the Department of State;
|
| 10 | | (4) a foreign law enforcement officer of a |
| 11 | | friendly foreign government
entering the United States |
| 12 | | on official business; or
|
| 13 | | (5) one who has received a waiver from the |
| 14 | | Attorney General of the United
States pursuant to 18 |
| 15 | | U.S.C. 922(y)(3);
|
| 16 | | (j) (Blank);
|
| 17 | | (k) A person who has been convicted within the past 5 |
| 18 | | years of battery,
assault, aggravated assault, violation |
| 19 | | of an order of protection, or a
substantially similar |
| 20 | | offense in another jurisdiction, in which a firearm was
|
| 21 | | used or possessed;
|
| 22 | | (l) A person who has been convicted of domestic |
| 23 | | battery, aggravated domestic battery, or a substantially
|
| 24 | | similar offense in another jurisdiction committed before, |
| 25 | | on or after January 1, 2012 (the effective date of Public |
| 26 | | Act 97-158). If the applicant or person who has been |
|
| | HB5501 | - 1952 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | previously issued a Firearm Owner's Identification Card |
| 2 | | under this Act knowingly and intelligently waives the |
| 3 | | right to have an offense described in this paragraph (l) |
| 4 | | tried by a jury, and by guilty plea or otherwise, results |
| 5 | | in a conviction for an offense in which a domestic |
| 6 | | relationship is not a required element of the offense but |
| 7 | | in which a determination of the applicability of 18 U.S.C. |
| 8 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
| 9 | | Criminal Procedure of 1963, an entry by the court of a |
| 10 | | judgment of conviction for that offense shall be grounds |
| 11 | | for denying an application for and for revoking and |
| 12 | | seizing a Firearm Owner's Identification Card previously |
| 13 | | issued to the person under this Act;
|
| 14 | | (m) (Blank);
|
| 15 | | (n) A person who is prohibited from acquiring or |
| 16 | | possessing
firearms or firearm ammunition by any Illinois |
| 17 | | State statute or by federal
law;
|
| 18 | | (o) A minor subject to a petition filed under Section |
| 19 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
| 20 | | minor is a delinquent minor for
the commission of an |
| 21 | | offense that if committed by an adult would be a felony;
|
| 22 | | (p) An adult who had been adjudicated a delinquent |
| 23 | | minor under the Juvenile
Court Act of 1987 for the |
| 24 | | commission of an offense that if committed by an
adult |
| 25 | | would be a felony;
|
| 26 | | (q) A person who is not a resident of the State of |
|
| | HB5501 | - 1953 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois, except as provided in subsection (a-10) of |
| 2 | | Section 4; |
| 3 | | (r) A person who has been adjudicated as a person with |
| 4 | | a mental disability; |
| 5 | | (s) A person who has been found to have a |
| 6 | | developmental disability; |
| 7 | | (t) A person involuntarily admitted into a mental |
| 8 | | health facility; or |
| 9 | | (u) A person who has had his or her Firearm Owner's |
| 10 | | Identification Card revoked or denied under subsection (e) |
| 11 | | of this Section or item (iv) of paragraph (2) of |
| 12 | | subsection (a) of Section 4 of this Act because he or she |
| 13 | | was a patient in a mental health facility as provided in |
| 14 | | subsection (e) of this Section, shall not be permitted to |
| 15 | | obtain a Firearm Owner's Identification Card, after the |
| 16 | | 5-year period has lapsed, unless he or she has received a |
| 17 | | mental health evaluation by a physician, clinical |
| 18 | | psychologist, or qualified examiner as those terms are |
| 19 | | defined in the Mental Health and Developmental |
| 20 | | Disabilities Code, and has received a certification that |
| 21 | | he or she is not a clear and present danger to himself, |
| 22 | | herself, or others. The physician, clinical psychologist, |
| 23 | | or qualified examiner making the certification and his or |
| 24 | | her employer shall not be held criminally, civilly, or |
| 25 | | professionally liable for making or not making the |
| 26 | | certification required under this subsection, except for |
|
| | HB5501 | - 1956 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois State Police. |
| 2 | | (b) Upon confirming through the portal created under |
| 3 | | Section 2605-304 of the Illinois Department of State Police |
| 4 | | Law of the Civil Administrative Code of Illinois that the |
| 5 | | Firearm Owner's Identification Card has been revoked by the |
| 6 | | Illinois State Police, surrendered cards shall be destroyed by |
| 7 | | the law enforcement agency receiving the cards. If a card has |
| 8 | | not been revoked, the card shall be returned to the |
| 9 | | cardholder. Illinois |
| 10 | | (b-5) If a court orders the surrender of a Firearms |
| 11 | | Owner's Identification Card and accepts receipt of the Card, |
| 12 | | the court shall destroy the Card and direct the person whose |
| 13 | | Firearm Owner's Identification Card has been surrendered to |
| 14 | | comply with paragraph (2) of subsection (a). |
| 15 | | (b-10) If the person whose Firearm Owner's Identification |
| 16 | | Card has been revoked has either lost or destroyed the Card, |
| 17 | | the person must still comply with paragraph (2) of subsection |
| 18 | | (a). |
| 19 | | (b-15) A notation shall be made in the portal created |
| 20 | | under Section 2605-304 of the Illinois Department of State |
| 21 | | Police Law of the Civil Administrative Code of Illinois that |
| 22 | | the revoked Firearm Owner's Identification Card has been |
| 23 | | destroyed. |
| 24 | | (c) If the person whose Firearm Owner's Identification |
| 25 | | Card has been revoked fails to comply with the requirements of |
| 26 | | this Section, the sheriff or law enforcement agency where the |
|
| | HB5501 | - 1957 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | person resides may petition the circuit court to issue a |
| 2 | | warrant to search for and seize the Firearm Owner's |
| 3 | | Identification Card and firearms in the possession or under |
| 4 | | the custody or control of the person whose Firearm Owner's |
| 5 | | Identification Card has been revoked. |
| 6 | | (d) A violation of subsection (a) of this Section is a |
| 7 | | Class A misdemeanor. |
| 8 | | (e) The observation of a Firearm Owner's Identification |
| 9 | | Card in the possession of a person whose Firearm Owner's |
| 10 | | Identification Card has been revoked constitutes a sufficient |
| 11 | | basis for the arrest of that person for violation of this |
| 12 | | Section. |
| 13 | | (f) Within 30 days after July 9, 2013 (the effective date |
| 14 | | of Public Act 98-63) this amendatory Act of the 98th General |
| 15 | | Assembly, the Illinois State Police shall provide written |
| 16 | | notice of the requirements of this Section to persons whose |
| 17 | | Firearm Owner's Identification Cards have been revoked, |
| 18 | | suspended, or expired and who have failed to surrender their |
| 19 | | cards to the Illinois State Police Department. |
| 20 | | (g) A person whose Firearm Owner's Identification Card has |
| 21 | | been revoked and who received notice under subsection (f) |
| 22 | | shall comply with the requirements of this Section within 48 |
| 23 | | hours of receiving notice.
|
| 24 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 25 | | revised 10-15-21.)
|
|
| | HB5501 | - 1958 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
|
| 2 | | Sec. 10. Appeals; hearing; relief from firearm |
| 3 | | prohibitions. |
| 4 | | (a) Whenever an application for a Firearm Owner's |
| 5 | | Identification
Card is denied or whenever such a Card is |
| 6 | | revoked or seized
as provided for in Section 8 of this Act, the |
| 7 | | aggrieved party may
(1) file a record challenge with the |
| 8 | | Director regarding the record upon which the decision to deny |
| 9 | | or revoke the Firearm Owner's Identification Card was based |
| 10 | | under subsection (a-5); or (2) appeal
to the Director of the |
| 11 | | Illinois State Police through December 31, 2022, or beginning |
| 12 | | January 1, 2023, the Firearm Owner's Identification Card |
| 13 | | Review Board for a hearing seeking relief from
such denial or |
| 14 | | revocation unless the denial or revocation
was based upon a |
| 15 | | forcible felony, stalking, aggravated stalking, domestic
|
| 16 | | battery, any violation of the Illinois Controlled Substances |
| 17 | | Act, the Methamphetamine Control and Community Protection Act, |
| 18 | | or the
Cannabis Control Act that is classified as a Class 2 or |
| 19 | | greater felony,
any
felony violation of Article 24 of the |
| 20 | | Criminal Code of 1961 or the Criminal Code of 2012, or any
|
| 21 | | adjudication as a delinquent minor for the commission of an
|
| 22 | | offense that if committed by an adult would be a felony, in |
| 23 | | which case the
aggrieved party may petition the circuit court |
| 24 | | in writing in the county of
his or her residence for a hearing |
| 25 | | seeking relief from such denial or revocation.
|
| 26 | | (a-5) There is created a Firearm Owner's Identification |
|
| | HB5501 | - 1959 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Card Review Board to consider any appeal under subsection (a) |
| 2 | | beginning January 1, 2023, other than an appeal directed to |
| 3 | | the circuit court and except when the applicant is challenging |
| 4 | | the record upon which the decision to deny or revoke was based |
| 5 | | as provided in subsection (a-10). |
| 6 | | (0.05) In furtherance of the policy of this Act that |
| 7 | | the Board shall exercise its powers and duties in an |
| 8 | | independent manner, subject to the provisions of this Act |
| 9 | | but free from the direction, control, or influence of any |
| 10 | | other agency or department of State government. All |
| 11 | | expenses and liabilities incurred by the Board in the |
| 12 | | performance of its responsibilities hereunder shall be |
| 13 | | paid from funds which shall be appropriated to the Board |
| 14 | | by the General Assembly for the ordinary and contingent |
| 15 | | expenses of the Board. |
| 16 | | (1) The Board shall consist of 7 members appointed by |
| 17 | | the Governor, with the advice and consent of the Senate, |
| 18 | | with 3 members residing within the First Judicial District |
| 19 | | and one member residing within each of the 4 remaining |
| 20 | | Judicial Districts. No more than 4 members shall be |
| 21 | | members of the same political party. The Governor shall |
| 22 | | designate one member as the chairperson. The Board shall |
| 23 | | consist of: |
| 24 | | (A) one member with at least 5 years of service as |
| 25 | | a federal or State judge; |
| 26 | | (B) one member with at least 5 years of experience |
|
| | HB5501 | - 1960 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | serving as an attorney with the United States |
| 2 | | Department of Justice, or as a State's Attorney or |
| 3 | | Assistant State's Attorney; |
| 4 | | (C) one member with at least 5 years of experience |
| 5 | | serving as a State or federal public defender or |
| 6 | | assistant public defender; |
| 7 | | (D) three members with at least 5 years of |
| 8 | | experience as a federal, State, or local law |
| 9 | | enforcement agent or as an employee with investigative |
| 10 | | experience or duties related to criminal justice under |
| 11 | | the United States Department of Justice, Drug |
| 12 | | Enforcement Administration, Department of Homeland |
| 13 | | Security, Federal Bureau of Investigation, or a State |
| 14 | | or local law enforcement agency; and |
| 15 | | (E) one member with at least 5 years of experience |
| 16 | | as a licensed physician or clinical psychologist with |
| 17 | | expertise in the diagnosis and treatment of mental |
| 18 | | illness. |
| 19 | | (2) The terms of the members initially appointed after |
| 20 | | January 1, 2022 (the effective date of Public Act 102-237) |
| 21 | | this amendatory Act of the 102nd General Assembly shall be |
| 22 | | as follows: one of
the initial members shall be appointed |
| 23 | | for a term of one year, 3 shall be
appointed for terms of 2 |
| 24 | | years, and 3 shall be appointed for terms of 4 years. |
| 25 | | Thereafter, members shall hold office for 4 years, with |
| 26 | | terms expiring on the second Monday in January immediately |
|
| | HB5501 | - 1961 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | following the expiration of their terms and every 4 years |
| 2 | | thereafter. Members may be reappointed. Vacancies in the |
| 3 | | office of member shall be filled in the same manner as the |
| 4 | | original appointment, for the remainder of the unexpired |
| 5 | | term. The Governor may remove a member for incompetence, |
| 6 | | neglect of duty, malfeasance, or inability to serve. |
| 7 | | Members shall receive compensation in an amount equal to |
| 8 | | the compensation of members of the Executive Ethics |
| 9 | | Commission and may be reimbursed, from funds appropriated |
| 10 | | for such a purpose, for reasonable expenses actually |
| 11 | | incurred in the performance of their Board duties. The |
| 12 | | Illinois State Police shall designate an employee to serve |
| 13 | | as Executive Director of the Board and provide logistical |
| 14 | | and administrative assistance to the Board. |
| 15 | | (3) The Board shall meet at least quarterly each year |
| 16 | | and at the call of the chairperson as often as necessary to |
| 17 | | consider appeals of decisions made with respect to |
| 18 | | applications for a Firearm Owner's Identification Card |
| 19 | | under this Act. If necessary to ensure the participation |
| 20 | | of a member, the Board shall allow a member to participate |
| 21 | | in a Board meeting by electronic communication. Any member |
| 22 | | participating electronically shall be deemed present for |
| 23 | | purposes of establishing a quorum and voting. |
| 24 | | (4) The Board shall adopt rules for the review of |
| 25 | | appeals and the conduct of hearings. The Board shall |
| 26 | | maintain a record of its decisions and all materials |
|
| | HB5501 | - 1962 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | considered in making its decisions. All Board decisions |
| 2 | | and voting records shall be kept confidential and all |
| 3 | | materials considered by the Board shall be exempt from |
| 4 | | inspection except upon order of a court. |
| 5 | | (5) In considering an appeal, the Board shall review |
| 6 | | the materials received concerning the denial or revocation |
| 7 | | by the Illinois State Police. By a vote of at least 4 |
| 8 | | members, the Board may request additional information from |
| 9 | | the Illinois State Police or the applicant or the |
| 10 | | testimony of the Illinois State Police or the applicant. |
| 11 | | The Board may require that the applicant submit electronic |
| 12 | | fingerprints to the Illinois State Police for an updated |
| 13 | | background check if the Board determines it lacks |
| 14 | | sufficient information to determine eligibility. The Board |
| 15 | | may consider information submitted by the Illinois State |
| 16 | | Police, a law enforcement agency, or the applicant. The |
| 17 | | Board shall review each denial or revocation and determine |
| 18 | | by a majority of members whether an applicant should be |
| 19 | | granted relief under subsection (c). |
| 20 | | (6) The Board shall by order issue summary decisions. |
| 21 | | The Board shall issue a decision within 45 days of |
| 22 | | receiving all completed appeal documents from the Illinois |
| 23 | | State Police and the applicant. However, the Board need |
| 24 | | not issue a decision within 45 days if: |
| 25 | | (A) the Board requests information from the |
| 26 | | applicant, including, but not limited to, electronic |
|
| | HB5501 | - 1963 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fingerprints to be submitted to the Illinois State |
| 2 | | Police, in accordance with paragraph (5) of this |
| 3 | | subsection, in which case the Board shall make a |
| 4 | | decision within 30 days of receipt of the required |
| 5 | | information from the applicant; |
| 6 | | (B) the applicant agrees, in writing, to allow the |
| 7 | | Board additional time to consider an appeal; or |
| 8 | | (C) the Board notifies the applicant and the |
| 9 | | Illinois State Police that the Board needs an |
| 10 | | additional 30 days to issue a decision. The Board may |
| 11 | | only issue 2 extensions under this subparagraph (C). |
| 12 | | The Board's notification to the applicant and the |
| 13 | | Illinois State Police shall include an explanation for |
| 14 | | the extension. |
| 15 | | (7) If the Board determines that the applicant is |
| 16 | | eligible for relief under subsection (c), the Board shall |
| 17 | | notify the applicant and the Illinois State Police that |
| 18 | | relief has been granted and the Illinois State Police |
| 19 | | shall issue the Card. |
| 20 | | (8) Meetings of the Board shall not be subject to the |
| 21 | | Open Meetings Act and records of the Board shall not be |
| 22 | | subject to the Freedom of Information Act. |
| 23 | | (9) The Board shall report monthly to the Governor and |
| 24 | | the General Assembly on the number of appeals received and |
| 25 | | provide details of the circumstances in which the Board |
| 26 | | has determined to deny Firearm Owner's Identification |
|
| | HB5501 | - 1964 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Cards under this subsection (a-5). The report shall not |
| 2 | | contain any identifying information about the applicants. |
| 3 | | (a-10) Whenever an applicant or cardholder is not seeking |
| 4 | | relief from a firearms prohibition under subsection (c) but |
| 5 | | rather does not believe the applicant is appropriately denied |
| 6 | | or revoked and is challenging the record upon which the |
| 7 | | decision to deny or revoke the Firearm Owner's Identification |
| 8 | | Card was based, or whenever the Illinois State Police fails to |
| 9 | | act on an application within 30 days of its receipt, the |
| 10 | | applicant shall file such challenge with the Director. The |
| 11 | | Director shall render a decision within 60 business days of |
| 12 | | receipt of all information supporting the challenge. The |
| 13 | | Illinois State Police shall adopt rules for the review of a |
| 14 | | record challenge. |
| 15 | | (b) At least 30 days before any hearing in the circuit |
| 16 | | court, the
petitioner shall serve the
relevant State's |
| 17 | | Attorney with a copy of the petition. The State's Attorney
may |
| 18 | | object to the petition and present evidence. At the hearing, |
| 19 | | the court
shall
determine whether substantial justice has been |
| 20 | | done. Should the court
determine that substantial justice has |
| 21 | | not been done, the court shall issue an
order directing the |
| 22 | | Illinois State Police to issue a Card. However, the court |
| 23 | | shall not issue the order if the petitioner is otherwise |
| 24 | | prohibited from obtaining, possessing, or using a firearm |
| 25 | | under
federal law.
|
| 26 | | (c) Any person prohibited from possessing a firearm under |
|
| | HB5501 | - 1965 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or |
| 2 | | acquiring a Firearm Owner's
Identification Card under Section |
| 3 | | 8 of this Act may apply to
the Firearm Owner's Identification |
| 4 | | Card Review Board the Illinois
or petition the circuit court |
| 5 | | in the county where the petitioner resides,
whichever is |
| 6 | | applicable in accordance with subsection (a) of this Section,
|
| 7 | | requesting relief
from such prohibition and the Board or court |
| 8 | | may grant such relief if it
is
established by the applicant to |
| 9 | | the court's or the Board's satisfaction
that:
|
| 10 | | (0.05) when in the circuit court, the State's Attorney |
| 11 | | has been served
with a written
copy of the
petition at |
| 12 | | least 30 days before any such hearing in the circuit court |
| 13 | | and at
the hearing the
State's Attorney was afforded an |
| 14 | | opportunity to present evidence and object to
the |
| 15 | | petition;
|
| 16 | | (1) the applicant has not been convicted of a forcible |
| 17 | | felony under the
laws of this State or any other |
| 18 | | jurisdiction within 20 years of the
applicant's |
| 19 | | application for a Firearm Owner's Identification Card, or |
| 20 | | at
least 20 years have passed since the end of any period |
| 21 | | of imprisonment
imposed in relation to that conviction;
|
| 22 | | (2) the circumstances regarding a criminal conviction, |
| 23 | | where applicable,
the applicant's criminal history and his |
| 24 | | reputation are such that the applicant
will not be likely |
| 25 | | to act in a manner dangerous to public safety;
|
| 26 | | (3) granting relief would not be contrary to the |
|
| | HB5501 | - 1966 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | public interest; and |
| 2 | | (4) granting relief would not be contrary to federal |
| 3 | | law.
|
| 4 | | (c-5) (1) An active law enforcement officer employed by a |
| 5 | | unit of government or a Department of Corrections employee |
| 6 | | authorized to possess firearms who is denied, revoked, or has |
| 7 | | his or her Firearm Owner's Identification Card seized under |
| 8 | | subsection (e) of Section 8 of this Act may apply to the |
| 9 | | Firearm Owner's Identification Card Review Board the Illinois |
| 10 | | requesting relief if the officer or employee did not act in a |
| 11 | | manner threatening to the officer or employee, another person, |
| 12 | | or the public as determined by the treating clinical |
| 13 | | psychologist or physician, and as a result of his or her work |
| 14 | | is referred by the employer for or voluntarily seeks mental |
| 15 | | health evaluation or treatment by a licensed clinical |
| 16 | | psychologist, psychiatrist, or qualified examiner, and: |
| 17 | | (A) the officer or employee has not received treatment |
| 18 | | involuntarily at a mental health facility, regardless of |
| 19 | | the length of admission; or has not been voluntarily |
| 20 | | admitted to a mental health facility for more than 30 days |
| 21 | | and not for more than one incident within the past 5 years; |
| 22 | | and |
| 23 | | (B) the officer or employee has not left the mental |
| 24 | | institution against medical advice. |
| 25 | | (2) The Firearm Owner's Identification Card Review Board |
| 26 | | the Illinois shall grant expedited relief to active law |
|
| | HB5501 | - 1967 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | enforcement officers and employees described in paragraph (1) |
| 2 | | of this subsection (c-5) upon a determination by the Board |
| 3 | | that the officer's or employee's possession of a firearm does |
| 4 | | not present a threat to themselves, others, or public safety. |
| 5 | | The Board shall act on the request for relief within 30 |
| 6 | | business days of receipt of: |
| 7 | | (A) a notarized statement from the officer or employee |
| 8 | | in the form prescribed by the Board detailing the |
| 9 | | circumstances that led to the hospitalization; |
| 10 | | (B) all documentation regarding the admission, |
| 11 | | evaluation, treatment and discharge from the treating |
| 12 | | licensed clinical psychologist or psychiatrist of the |
| 13 | | officer; |
| 14 | | (C) a psychological fitness for duty evaluation of the |
| 15 | | person completed after the time of discharge; and |
| 16 | | (D) written confirmation in the form prescribed by the |
| 17 | | Board from the treating licensed clinical psychologist or |
| 18 | | psychiatrist that the provisions set forth in paragraph |
| 19 | | (1) of this subsection (c-5) have been met, the person |
| 20 | | successfully completed treatment, and their professional |
| 21 | | opinion regarding the person's ability to possess |
| 22 | | firearms. |
| 23 | | (3) Officers and employees eligible for the expedited |
| 24 | | relief in paragraph (2) of this subsection (c-5) have the |
| 25 | | burden of proof on eligibility and must provide all |
| 26 | | information required. The Board may not consider granting |
|
| | HB5501 | - 1968 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | expedited relief until the proof and information is received. |
| 2 | | (4) "Clinical psychologist", "psychiatrist", and |
| 3 | | "qualified examiner" shall have the same meaning as provided |
| 4 | | in Chapter I of the Mental Health and Developmental |
| 5 | | Disabilities Code. |
| 6 | | (c-10) (1) An applicant, who is denied, revoked, or has |
| 7 | | his or her Firearm Owner's Identification Card seized under |
| 8 | | subsection (e) of Section 8 of this Act based upon a |
| 9 | | determination of a developmental disability or an intellectual |
| 10 | | disability may apply to the Firearm Owner's Identification |
| 11 | | Card Review Board the Illinois requesting relief. |
| 12 | | (2) The Board shall act on the request for relief within 60 |
| 13 | | business days of receipt of written certification, in the form |
| 14 | | prescribed by the Board, from a physician or clinical |
| 15 | | psychologist, or qualified examiner, that the aggrieved |
| 16 | | party's developmental disability or intellectual disability |
| 17 | | condition is determined by a physician, clinical psychologist, |
| 18 | | or qualified to be mild. If a fact-finding conference is |
| 19 | | scheduled to obtain additional information concerning the |
| 20 | | circumstances of the denial or revocation, the 60 business |
| 21 | | days the Director has to act shall be tolled until the |
| 22 | | completion of the fact-finding conference. |
| 23 | | (3) The Board may grant relief if the aggrieved party's |
| 24 | | developmental disability or intellectual disability is mild as |
| 25 | | determined by a physician, clinical psychologist, or qualified |
| 26 | | examiner and it is established by the applicant to the Board's |
|
| | HB5501 | - 1969 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | satisfaction that: |
| 2 | | (A) granting relief would not be contrary to the |
| 3 | | public interest; and |
| 4 | | (B) granting relief would not be contrary to federal |
| 5 | | law. |
| 6 | | (4) The Board may not grant relief if the condition is |
| 7 | | determined by a physician, clinical psychologist, or qualified |
| 8 | | examiner to be moderate, severe, or profound. |
| 9 | | (5) The changes made to this Section by Public Act 99-29 |
| 10 | | apply to requests for
relief pending on or before July 10, 2015 |
| 11 | | (the effective date of Public Act 99-29), except that the |
| 12 | | 60-day period for the Director to act on requests pending |
| 13 | | before the effective date shall begin
on July 10, 2015 (the |
| 14 | | effective date of Public Act 99-29). All appeals as provided |
| 15 | | in subsection (a-5), pending on January 1, 2023, shall be |
| 16 | | considered by the Board. |
| 17 | | (d) When a minor is adjudicated delinquent for an offense |
| 18 | | which if
committed by an adult would be a felony, the court |
| 19 | | shall notify the Illinois State Police.
|
| 20 | | (e) The court shall review the denial of an application or |
| 21 | | the revocation of
a Firearm Owner's Identification Card of a |
| 22 | | person who has been adjudicated
delinquent for an offense that |
| 23 | | if
committed by an adult would be a felony if an
application |
| 24 | | for relief has been filed at least 10 years after the |
| 25 | | adjudication
of delinquency and the court determines that the |
| 26 | | applicant should be
granted relief from disability to obtain a |
|
| | HB5501 | - 1970 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Firearm Owner's Identification Card.
If the court grants |
| 2 | | relief, the court shall notify the Illinois State
Police that |
| 3 | | the disability has
been removed and that the applicant is |
| 4 | | eligible to obtain a Firearm Owner's
Identification Card.
|
| 5 | | (f) Any person who is subject to the disabilities of 18 |
| 6 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
| 7 | | of 1968 because of an adjudication or commitment that occurred |
| 8 | | under the laws of this State or who was determined to be |
| 9 | | subject to the provisions of subsections (e), (f), or (g) of |
| 10 | | Section 8 of this Act may apply to the Illinois State Police |
| 11 | | requesting relief from that prohibition. The Board shall grant |
| 12 | | the relief if it is established by a preponderance of the |
| 13 | | evidence that the person will not be likely to act in a manner |
| 14 | | dangerous to public safety and that granting relief would not |
| 15 | | be contrary to the public interest. In making this |
| 16 | | determination, the Board shall receive evidence concerning (i) |
| 17 | | the circumstances regarding the firearms disabilities from |
| 18 | | which relief is sought; (ii) the petitioner's mental health |
| 19 | | and criminal history records, if any; (iii) the petitioner's |
| 20 | | reputation, developed at a minimum through character witness |
| 21 | | statements, testimony, or other character evidence; and (iv) |
| 22 | | changes in the petitioner's condition or circumstances since |
| 23 | | the disqualifying events relevant to the relief sought. If |
| 24 | | relief is granted under this subsection or by order of a court |
| 25 | | under this Section, the Director shall as soon as practicable |
| 26 | | but in no case later than 15 business days, update, correct, |
|
| | HB5501 | - 1971 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | modify, or remove the person's record in any database that the |
| 2 | | Illinois State Police makes available to the National Instant |
| 3 | | Criminal Background Check System and notify the United States |
| 4 | | Attorney General that the basis for the record being made |
| 5 | | available no longer applies. The Illinois State Police shall |
| 6 | | adopt rules for the administration of this Section. |
| 7 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 8 | | 102-645, eff. 1-1-22; revised 10-15-21.)
|
| 9 | | (430 ILCS 65/11) (from Ch. 38, par. 83-11)
|
| 10 | | Sec. 11. Judicial review of final administrative |
| 11 | | decisions. |
| 12 | | (a) All final administrative decisions of the Firearm |
| 13 | | Owner's Identification Card Review Board under this
Act, |
| 14 | | except final administrative decisions of the Firearm Owner's |
| 15 | | Identification Card Review Board the Illinois to deny a |
| 16 | | person's application for relief under subsection (f) of |
| 17 | | Section 10 of this Act, shall be subject to judicial review |
| 18 | | under the provisions of the Administrative
Review Law, and all |
| 19 | | amendments and
modifications thereof, and the rules adopted |
| 20 | | pursuant thereto. The term
"administrative decision" is |
| 21 | | defined as in Section 3-101 of the Code of
Civil Procedure.
|
| 22 | | (b) Any final administrative decision by the Firearm |
| 23 | | Owner's Identification Card Review Board the Illinois to deny |
| 24 | | a person's application for relief under subsection (f) of |
| 25 | | Section 10 of this Act is subject to de novo judicial review by |
|
| | HB5501 | - 1972 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the circuit court, and any party may offer evidence that is |
| 2 | | otherwise proper and admissible without regard to whether that |
| 3 | | evidence is part of the administrative record. |
| 4 | | (c) The Firearm Owner's Identification Card Review Board |
| 5 | | the Illinois shall submit a report to the General
Assembly on |
| 6 | | March 1 of each year, beginning March 1, 1991, listing all
|
| 7 | | final decisions by a court of this State upholding, reversing, |
| 8 | | or
reversing in part any administrative decision made by the |
| 9 | | Illinois State Police.
|
| 10 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 11 | | revised 11-2-21.)
|
| 12 | | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
|
| 13 | | Sec. 13.2. Renewal; name, photograph, or address change; |
| 14 | | replacement card. The Illinois State Police shall, 180 days
|
| 15 | | prior to the expiration of a Firearm Owner's Identification |
| 16 | | Card,
forward by first class mail or by other means provided in |
| 17 | | Section 7.5 to each person whose card is to expire a
|
| 18 | | notification of the
expiration of the card and instructions |
| 19 | | for renewal.
It is the obligation of the holder of a Firearm |
| 20 | | Owner's Identification Card
to notify the Illinois State |
| 21 | | Police of any address change since the
issuance of
the Firearm |
| 22 | | Owner's Identification Card. The Illinois State Police may |
| 23 | | update the applicant and card holder's holders address based |
| 24 | | upon records in the Secretary of State Driver's License or |
| 25 | | Illinois identification card records of applicants who do not |
|
| | HB5501 | - 1974 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (4) does not pose a danger to himself, herself, or |
| 2 | | others, or a threat to public safety as determined by the |
| 3 | | Concealed Carry Licensing Review Board in accordance with |
| 4 | | Section 20. |
| 5 | | (b) The Illinois State Police shall issue a renewal, |
| 6 | | corrected, or duplicate license as provided in this Act. |
| 7 | | (c) A license shall be valid throughout the State for a |
| 8 | | period of 5 years from the date of issuance. A license shall |
| 9 | | permit the licensee to: |
| 10 | | (1) carry a loaded or unloaded concealed firearm, |
| 11 | | fully concealed or partially concealed, on or about his or |
| 12 | | her person; and
|
| 13 | | (2) keep or carry a loaded or unloaded concealed |
| 14 | | firearm on or about his or her person within a vehicle. |
| 15 | | (d) The Illinois State Police shall make applications for |
| 16 | | a license available no later than 180 days after July 9, 2013 |
| 17 | | (the effective date of this Act). The Illinois State Police |
| 18 | | shall establish rules for the availability and submission of |
| 19 | | applications in accordance with this Act. |
| 20 | | (e) An application for a license submitted to the Illinois |
| 21 | | State Police that contains all the information and materials |
| 22 | | required by this Act, including the requisite fee, shall be |
| 23 | | deemed completed. Except as otherwise provided in this Act, no |
| 24 | | later than 90 days after receipt of a completed application, |
| 25 | | the Illinois State Police shall issue or deny the applicant a |
| 26 | | license. The Illinois State Police shall notify the applicant |
|
| | HB5501 | - 1975 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for a concealed carry license, electronically, to confirm if |
| 2 | | all the required information and materials have been received. |
| 3 | | If an applicant for a concealed carry license submits his or |
| 4 | | her application electronically, the Illinois State Police |
| 5 | | shall notify the applicant electronically if his or her |
| 6 | | application is missing information or materials. |
| 7 | | (f) The Illinois State Police shall deny the applicant a |
| 8 | | license if the applicant fails to meet the requirements under |
| 9 | | this Act or the Illinois State Police receives a determination |
| 10 | | from the Board that the applicant is ineligible for a license. |
| 11 | | The Illinois State Police must notify the applicant stating |
| 12 | | the grounds for the denial. The notice of denial must inform |
| 13 | | the applicant of his or her right to an appeal through |
| 14 | | administrative and judicial review. |
| 15 | | (g) A licensee shall possess a license at all times the |
| 16 | | licensee carries a concealed firearm except: |
| 17 | | (1) when the licensee is carrying or possessing a |
| 18 | | concealed firearm on his or her land or in his or her |
| 19 | | abode, legal dwelling, or fixed place of business, or on |
| 20 | | the land or in the legal dwelling of another person as an |
| 21 | | invitee with that person's permission; |
| 22 | | (2) when the person is authorized to carry a firearm |
| 23 | | under Section 24-2 of the Criminal Code of 2012, except |
| 24 | | subsection (a-5) of that Section; or |
| 25 | | (3) when the handgun is broken down in a |
| 26 | | non-functioning state, is not immediately accessible, or |
|
| | HB5501 | - 1976 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | is unloaded and enclosed in a case. |
| 2 | | (h) If an officer of a law enforcement agency initiates an |
| 3 | | investigative stop, including, but not limited to, a traffic |
| 4 | | stop, of a licensee or a non-resident carrying a concealed |
| 5 | | firearm under subsection (e) of
Section 40 of this Act, upon |
| 6 | | the request of the officer the licensee or non-resident shall |
| 7 | | disclose to the officer that he or she is in possession of a |
| 8 | | concealed firearm under this Act, or present the license upon |
| 9 | | the request of the officer if he or she is a licensee or |
| 10 | | present upon the request of the officer evidence
under |
| 11 | | paragraph (2) of subsection (e) of Section 40 of this Act that |
| 12 | | he or she is a non-resident qualified to carry
under that |
| 13 | | subsection. The disclosure requirement under this subsection |
| 14 | | (h) is satisfied if the licensee presents his or her license to |
| 15 | | the officer or the non-resident presents to the officer |
| 16 | | evidence under paragraph (2) of subsection (e) of Section 40 |
| 17 | | of this Act that he or she is qualified to carry under that |
| 18 | | subsection. Upon the request of the officer, the licensee or |
| 19 | | non-resident shall also identify the location of the concealed |
| 20 | | firearm and permit the officer to safely secure the firearm |
| 21 | | for the duration of the investigative stop. During a traffic |
| 22 | | stop, any
passenger within the vehicle who is a licensee or a |
| 23 | | non-resident carrying under subsection (e) of
Section 40 of |
| 24 | | this Act must comply with the requirements of this subsection |
| 25 | | (h). |
| 26 | | (h-1) If a licensee carrying a firearm or a non-resident |
|
| | HB5501 | - 1977 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | carrying a firearm in a vehicle under subsection (e) of |
| 2 | | Section 40 of this Act is contacted by a law enforcement |
| 3 | | officer or emergency
services personnel, the law enforcement |
| 4 | | officer or emergency services personnel may secure the firearm
|
| 5 | | or direct that it be secured during the duration of the contact |
| 6 | | if the law enforcement officer or emergency
services personnel |
| 7 | | determines that it is necessary for the safety of any person
|
| 8 | | present, including the law enforcement officer or emergency |
| 9 | | services personnel. The licensee or nonresident
shall submit |
| 10 | | to the order to secure the firearm. When the law enforcement |
| 11 | | officer or emergency services
personnel have determined that |
| 12 | | the licensee or non-resident is not a threat to
the safety of |
| 13 | | any person present, including the law enforcement officer or |
| 14 | | emergency services personnel, and
if the licensee or |
| 15 | | non-resident is physically and mentally capable of
possessing |
| 16 | | the firearm, the law enforcement officer or emergency services |
| 17 | | personnel shall return the
firearm to the licensee or |
| 18 | | non-resident before releasing him or her from the
scene and |
| 19 | | breaking contact. If the licensee or non-resident is |
| 20 | | transported for
treatment to another location, the firearm |
| 21 | | shall be turned over to any peace
officer. The peace officer |
| 22 | | shall provide a receipt which includes the make,
model, |
| 23 | | caliber, and serial number of the firearm. |
| 24 | | (i) The Illinois State Police shall maintain a database of |
| 25 | | license applicants and licensees. The database shall be |
| 26 | | available to all federal, State, and local law enforcement |
|
| | HB5501 | - 1978 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | agencies, State's Attorneys, the Attorney General, and |
| 2 | | authorized court personnel. Within 180 days after July 9, 2013 |
| 3 | | (the effective date of this Act), the database shall be |
| 4 | | searchable and provide all information included in the |
| 5 | | application, including the applicant's previous addresses |
| 6 | | within the 10 years prior to the license application and any |
| 7 | | information related to violations of this Act. No law |
| 8 | | enforcement agency, State's Attorney, Attorney General, or |
| 9 | | member or staff of the judiciary shall provide any information |
| 10 | | to a requester who is not entitled to it by law. |
| 11 | | (j) No later than 10 days after receipt of a completed |
| 12 | | application, the Illinois State Police shall enter the |
| 13 | | relevant information about the applicant into the database |
| 14 | | under subsection (i) of this Section which is accessible by |
| 15 | | law enforcement agencies.
|
| 16 | | (k) The Illinois State Police shall continuously monitor |
| 17 | | relevant State and federal databases for firearms prohibitors |
| 18 | | and correlate those records with concealed carry license |
| 19 | | holders to ensure compliance with this Act, or State and |
| 20 | | federal law. The Illinois State Police may adopt rules to |
| 21 | | implement this subsection. |
| 22 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 23 | | revised 10-13-21.)
|
| 24 | | (430 ILCS 66/20)
|
| 25 | | Sec. 20. Concealed Carry Licensing Review Board. |
|
| | HB5501 | - 1979 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a) There is hereby created within the Illinois State |
| 2 | | Police a Concealed Carry Licensing Review Board to consider |
| 3 | | any objection to an applicant's eligibility to obtain a |
| 4 | | license under this Act submitted by a law enforcement agency |
| 5 | | or the Illinois State Police under Section 15 of this Act. The |
| 6 | | Board shall consist of 7 commissioners to be appointed by the |
| 7 | | Governor, with the advice and consent of the Senate, with 3 |
| 8 | | commissioners residing within the First Judicial District and |
| 9 | | one commissioner residing within each of the 4 remaining |
| 10 | | Judicial Districts. No more than 4 commissioners shall be |
| 11 | | members of the same political party. The Governor shall |
| 12 | | designate one commissioner as the Chairperson. The Board shall |
| 13 | | consist of: |
| 14 | | (1) one commissioner with at least 5 years of service |
| 15 | | as a federal judge; |
| 16 | | (2) 2 commissioners with at least 5 years of |
| 17 | | experience serving as an attorney with the United States |
| 18 | | Department of Justice; |
| 19 | | (3) 3 commissioners with at least 5 years of |
| 20 | | experience as a federal agent or employee with |
| 21 | | investigative experience or duties related to criminal |
| 22 | | justice under the United States Department of Justice, |
| 23 | | Drug Enforcement Administration, Department of Homeland |
| 24 | | Security, or Federal Bureau of Investigation; and |
| 25 | | (4) one member with at least 5 years of experience as a |
| 26 | | licensed physician or clinical psychologist with expertise |
|
| | HB5501 | - 1980 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in the diagnosis and treatment of mental illness. |
| 2 | | (b) The initial terms of the commissioners shall end on |
| 3 | | January 12, 2015. Notwithstanding any provision in this |
| 4 | | Section to the contrary, the term
of office of each |
| 5 | | commissioner of the Concealed Carry Licensing Review Board is |
| 6 | | abolished on January 1, 2022 (the effective date of Public Act |
| 7 | | 102-237) this amendatory Act of the 102nd General Assembly. |
| 8 | | The terms of the commissioners appointed on or after January |
| 9 | | 1, 2022 (the effective date of Public Act 102-237) this |
| 10 | | amendatory Act of the 102nd General Assembly shall be as |
| 11 | | follows: one of
the initial members shall be appointed for a |
| 12 | | term of one year, 3 shall be
appointed for terms of 2 years, |
| 13 | | and 3 shall be appointed for terms of 4 years. Thereafter, the |
| 14 | | commissioners shall hold office for 4 years, with terms |
| 15 | | expiring on the second Monday in January of the fourth year. |
| 16 | | Commissioners may be reappointed. Vacancies in the office of |
| 17 | | commissioner shall be filled in the same manner as the |
| 18 | | original appointment, for the remainder of the unexpired term. |
| 19 | | The Governor may remove a commissioner for incompetence, |
| 20 | | neglect of duty, malfeasance, or inability to serve. |
| 21 | | Commissioners shall receive compensation in an amount equal to |
| 22 | | the compensation of members of the Executive Ethics Commission |
| 23 | | and may be reimbursed for reasonable expenses actually |
| 24 | | incurred in the performance of their Board duties, from funds |
| 25 | | appropriated for that purpose. |
| 26 | | (c) The Board shall meet at the call of the chairperson as |
|
| | HB5501 | - 1981 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | often as necessary to consider objections to applications for |
| 2 | | a license under this Act. If necessary to ensure the |
| 3 | | participation of a commissioner, the Board shall allow a |
| 4 | | commissioner to participate in a Board meeting by electronic |
| 5 | | communication. Any commissioner participating electronically |
| 6 | | shall be deemed present for purposes of establishing a quorum |
| 7 | | and voting. |
| 8 | | (d) The Board shall adopt rules for the review of |
| 9 | | objections and the conduct of hearings. The Board shall |
| 10 | | maintain a record of its decisions and all materials |
| 11 | | considered in making its decisions. All Board decisions and |
| 12 | | voting records shall be kept confidential and all materials |
| 13 | | considered by the Board shall be exempt from inspection except |
| 14 | | upon order of a court. |
| 15 | | (e) In considering an objection of a law enforcement |
| 16 | | agency or the Illinois State Police, the Board shall review |
| 17 | | the materials received with the objection from the law |
| 18 | | enforcement agency or the Illinois State Police. By a vote of |
| 19 | | at least 4 commissioners, the Board may request additional |
| 20 | | information from the law enforcement agency, Illinois State |
| 21 | | Police, or the applicant, or the testimony of the law |
| 22 | | enforcement agency, Illinois State Police, or the applicant. |
| 23 | | The Board may require that the applicant submit electronic |
| 24 | | fingerprints to the Illinois State Police for an updated |
| 25 | | background check where the Board determines it lacks |
| 26 | | sufficient information to determine eligibility. The Board may |
|
| | HB5501 | - 1982 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | only consider information submitted by the Illinois State |
| 2 | | Police, a law enforcement agency, or the applicant. The Board |
| 3 | | shall review each objection and determine by a majority of |
| 4 | | commissioners whether an applicant is eligible for a license. |
| 5 | | (f) The Board shall issue a decision within 30 days of |
| 6 | | receipt of the objection from the Illinois State Police. |
| 7 | | However, the Board need not issue a decision within 30 days if: |
| 8 | | (1) the Board requests information from the applicant, |
| 9 | | including but not limited to electronic fingerprints to be |
| 10 | | submitted to the Illinois State Police, in accordance with |
| 11 | | subsection (e) of this Section, in which case the Board |
| 12 | | shall make a decision within 30 days of receipt of the |
| 13 | | required information from the applicant; |
| 14 | | (2) the applicant agrees, in writing, to allow the |
| 15 | | Board additional time to consider an objection; or |
| 16 | | (3) the Board notifies the applicant and the Illinois |
| 17 | | State Police that the Board needs an additional 30 days to |
| 18 | | issue a decision. |
| 19 | | (g) If the Board determines by a preponderance of the |
| 20 | | evidence that the applicant poses a danger to himself or |
| 21 | | herself or others, or is a threat to public safety, then the |
| 22 | | Board shall affirm the objection of the law enforcement agency |
| 23 | | or the Illinois State Police and shall notify the Illinois |
| 24 | | State Police that the applicant is ineligible for a license. |
| 25 | | If the Board does not determine by a preponderance of the |
| 26 | | evidence that the applicant poses a danger to himself or |
|
| | HB5501 | - 1984 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b) The application shall contain the following: |
| 2 | | (1) the applicant's name, current address, date and |
| 3 | | year of birth, place of birth, height, weight, hair color, |
| 4 | | eye color, maiden name or any other name the applicant has |
| 5 | | used or identified with, and any address where the |
| 6 | | applicant resided for more than 30 days within the 10 |
| 7 | | years preceding the date of the license application; |
| 8 | | (2) the applicant's valid driver's license number or |
| 9 | | valid state identification card number; |
| 10 | | (3) a waiver of the applicant's privacy and |
| 11 | | confidentiality rights and privileges under all federal |
| 12 | | and state laws, including those limiting access to |
| 13 | | juvenile court, criminal justice, psychological, or |
| 14 | | psychiatric records or records relating to any |
| 15 | | institutionalization of the applicant, and an affirmative |
| 16 | | request that a person having custody of any of these |
| 17 | | records provide it or information concerning it to the |
| 18 | | Illinois State Police. The waiver only applies to records |
| 19 | | sought in connection with determining whether the |
| 20 | | applicant qualifies for a license to carry a concealed |
| 21 | | firearm under this Act, or whether the applicant remains |
| 22 | | in compliance with the Firearm Owners Identification Card |
| 23 | | Act; |
| 24 | | (4) an affirmation that the applicant possesses a |
| 25 | | currently valid Firearm Owner's Identification Card and |
| 26 | | card number if possessed or notice the applicant is |
|
| | HB5501 | - 1985 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | applying for a Firearm Owner's Identification Card in |
| 2 | | conjunction with the license application; |
| 3 | | (5) an affirmation that the applicant has not been |
| 4 | | convicted or found guilty of: |
| 5 | | (A) a felony; |
| 6 | | (B) a misdemeanor involving the use or threat of |
| 7 | | physical force or violence to any person within the 5 |
| 8 | | years preceding the date of the application; or |
| 9 | | (C) 2 or more violations related to driving while |
| 10 | | under the influence of alcohol, other drug or drugs, |
| 11 | | intoxicating compound or compounds, or any combination |
| 12 | | thereof, within the 5 years preceding the date of the |
| 13 | | license application; and |
| 14 | | (6) whether the applicant has failed a drug test for a |
| 15 | | drug for which the applicant did not have a prescription, |
| 16 | | within the previous year, and if so, the provider of the |
| 17 | | test, the specific substance involved, and the date of the |
| 18 | | test; |
| 19 | | (7) written consent for the Illinois State Police to |
| 20 | | review and use the applicant's Illinois digital driver's |
| 21 | | license or Illinois identification card photograph and |
| 22 | | signature; |
| 23 | | (8) unless submitted under subsection (a-25) of |
| 24 | | Section 4 of the Firearm Owners Identification Card Act, a |
| 25 | | full set of fingerprints submitted to the Illinois State |
| 26 | | Police in electronic format, provided the Illinois State |
|
| | HB5501 | - 1987 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | training required under Section 75 of this Act, payment of the |
| 2 | | applicable renewal fee, and completion of an investigation |
| 3 | | under Section 35 of this Act. The renewal application shall |
| 4 | | contain the information required in Section 30 of this Act, |
| 5 | | except that the applicant need not resubmit a full set of |
| 6 | | fingerprints. |
| 7 | | (b) This subsection (b) applies on and after the 181st day |
| 8 | | following July 12, 2019 (the effective date of Public Act |
| 9 | | 101-80) this amendatory Act of the 101st General Assembly. |
| 10 | | Applications for renewal of a license shall be made to the |
| 11 | | Illinois State Police. A license shall be renewed for a period |
| 12 | | of 5 years from the date of expiration on the applicant's |
| 13 | | current license upon the receipt of a completed renewal |
| 14 | | application, completion of 3 hours of training required under |
| 15 | | Section 75 of this Act, payment of the applicable renewal fee, |
| 16 | | and completion of an investigation under Section 35 of this |
| 17 | | Act. The renewal application shall contain the information |
| 18 | | required in Section 30 of this Act, except that the applicant |
| 19 | | need not resubmit a full set of fingerprints.
|
| 20 | | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; |
| 21 | | 102-538, eff. 8-20-21; revised 10-15-21.)
|
| 22 | | (430 ILCS 66/55)
|
| 23 | | Sec. 55. Change of address or name; lost, destroyed, or |
| 24 | | stolen licenses. |
| 25 | | (a) A licensee shall notify the Illinois State Police |
|
| | HB5501 | - 1989 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | revoked if, at any time, the licensee is found to be ineligible |
| 2 | | for a license under this Act or the licensee no longer meets |
| 3 | | the eligibility requirements of the Firearm Owners |
| 4 | | Identification Card Act. |
| 5 | | (b) A license shall be suspended if an order of |
| 6 | | protection, including an emergency order of protection, |
| 7 | | plenary order of protection, or interim order of protection |
| 8 | | under Article 112A of the Code of Criminal Procedure of 1963 or |
| 9 | | under the Illinois Domestic Violence Act of 1986, or if a |
| 10 | | firearms restraining order, including an emergency firearms |
| 11 | | restraining order, under the Firearms Restraining Order Act, |
| 12 | | is issued against a licensee for the duration of the order, or |
| 13 | | if the Illinois State Police is made aware of a similar order |
| 14 | | issued against the licensee in any other jurisdiction. If an |
| 15 | | order of protection is issued against a licensee, the licensee |
| 16 | | shall surrender the license, as applicable, to the court at |
| 17 | | the time the order is entered or to the law enforcement agency |
| 18 | | or entity serving process at the time the licensee is served |
| 19 | | the order. The court, law enforcement agency, or entity |
| 20 | | responsible for serving the order of protection shall notify |
| 21 | | the Illinois State Police within 7 days and transmit the |
| 22 | | license to the Illinois State Police. |
| 23 | | (c) A license is invalid upon expiration of the license, |
| 24 | | unless the licensee has submitted an application to renew the |
| 25 | | license, and the applicant is otherwise eligible to possess a |
| 26 | | license under this Act. |
|
| | HB5501 | - 1990 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (d) A licensee shall not carry a concealed firearm while |
| 2 | | under the influence of alcohol, other drug or drugs, |
| 3 | | intoxicating compound or combination of compounds, or any |
| 4 | | combination thereof, under the standards set forth in |
| 5 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
| 6 | | A licensee in violation of this subsection (d) shall be |
| 7 | | guilty of a Class A misdemeanor for a first or second violation |
| 8 | | and a Class 4 felony for a third violation. The Illinois State |
| 9 | | Police may suspend a license for up to 6 months for a second |
| 10 | | violation and shall permanently revoke a license for a third |
| 11 | | violation. |
| 12 | | (e) Except as otherwise provided, a licensee in violation |
| 13 | | of this Act shall be guilty of a Class B misdemeanor. A second |
| 14 | | or subsequent violation is a Class A misdemeanor. The Illinois |
| 15 | | State Police may suspend a license for up to 6 months for a |
| 16 | | second violation and shall permanently revoke a license for 3 |
| 17 | | or more violations of Section 65 of this Act. Any person |
| 18 | | convicted of a violation under this Section shall pay a $150 |
| 19 | | fee to be deposited into the Mental Health Reporting Fund, |
| 20 | | plus any applicable court costs or fees. |
| 21 | | (f) A licensee convicted or found guilty of a violation of |
| 22 | | this Act who has a valid license and is otherwise eligible to |
| 23 | | carry a concealed firearm shall only be subject to the |
| 24 | | penalties under this Section and shall not be subject to the |
| 25 | | penalties under Section 21-6, paragraph (4), (8), or (10) of |
| 26 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
|
| | HB5501 | - 1991 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
| 2 | | Criminal Code of 2012. Except as otherwise provided in this |
| 3 | | subsection, nothing in this subsection prohibits the licensee |
| 4 | | from being subjected to penalties for violations other than |
| 5 | | those specified in this Act. |
| 6 | | (g) A licensee whose license is revoked, suspended, or |
| 7 | | denied shall, within 48 hours of receiving notice of the |
| 8 | | revocation, suspension, or denial, surrender his or her |
| 9 | | concealed carry license to the local law enforcement agency |
| 10 | | where the person resides. The local law enforcement agency |
| 11 | | shall provide the licensee a receipt and transmit the |
| 12 | | concealed carry license to the Illinois State Police. If the |
| 13 | | licensee whose concealed carry license has been revoked, |
| 14 | | suspended, or denied fails to comply with the requirements of |
| 15 | | this subsection, the law enforcement agency where the person |
| 16 | | resides may petition the circuit court to issue a warrant to |
| 17 | | search for and seize the concealed carry license in the |
| 18 | | possession and under the custody or control of the licensee |
| 19 | | whose concealed carry license has been revoked, suspended, or |
| 20 | | denied. The observation of a concealed carry license in the |
| 21 | | possession of a person whose license has been revoked, |
| 22 | | suspended, or denied constitutes a sufficient basis for the |
| 23 | | arrest of that person for violation of this subsection. A |
| 24 | | violation of this subsection is a Class A misdemeanor. |
| 25 | | (h) Except as otherwise provided in subsection (h-5), a |
| 26 | | license issued or renewed under this Act shall be revoked if, |
|
| | HB5501 | - 1992 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | at any time, the licensee is found ineligible for a Firearm |
| 2 | | Owner's Identification Card, or the licensee no longer |
| 3 | | possesses a valid Firearm Owner's Identification Card. If the |
| 4 | | Firearm Owner's Identification Card is expired or suspended |
| 5 | | rather than denied or revoked, the license may be suspended |
| 6 | | for a period of up to one year to allow the licensee to |
| 7 | | reinstate his or her Firearm Owner's Identification Card. The |
| 8 | | Illinois State Police shall adopt rules to enforce this |
| 9 | | subsection. A licensee whose license is revoked under this |
| 10 | | subsection (h) shall surrender his or her concealed carry |
| 11 | | license as provided for in subsection (g) of this Section. |
| 12 | | This subsection shall not apply to a person who has filed |
| 13 | | an application with the Illinois State Police for renewal of a |
| 14 | | Firearm
Owner's Identification Card and who is not otherwise |
| 15 | | ineligible to obtain a Firearm Owner's Identification Card.
|
| 16 | | (h-5) If the Firearm Owner's Identification Card of a
|
| 17 | | licensee under this Act expires during the term of the license
|
| 18 | | issued under this Act, the license and the Firearm Owner's
|
| 19 | | Identification Card remain valid, and the Illinois State |
| 20 | | Police
may automatically renew the licensee's Firearm Owner's
|
| 21 | | Identification Card as provided in subsection (c) of Section 5
|
| 22 | | of the Firearm Owners Identification Card Act. |
| 23 | | (i) A certified firearms instructor who knowingly provides |
| 24 | | or offers to provide a false certification that an applicant |
| 25 | | has completed firearms training as required under this Act is |
| 26 | | guilty of a Class A misdemeanor. A person guilty of a violation |
|
| | HB5501 | - 1993 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of this subsection (i) is not eligible for court supervision. |
| 2 | | The Illinois State Police shall permanently revoke the |
| 3 | | firearms instructor certification of a person convicted under |
| 4 | | this subsection (i). |
| 5 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 6 | | revised 10-15-21.)
|
| 7 | | Section 565. The Firearms Restraining Order Act is amended |
| 8 | | by changing Sections 35 and 40 as follows:
|
| 9 | | (430 ILCS 67/35)
|
| 10 | | (Text of Section before amendment by P.A. 102-345) |
| 11 | | Sec. 35. Ex parte orders and emergency hearings.
|
| 12 | | (a) A petitioner may request an emergency firearms |
| 13 | | restraining order by filing an affidavit or verified pleading |
| 14 | | alleging that the respondent poses an immediate and present |
| 15 | | danger of causing personal injury to himself, herself, or |
| 16 | | another by having in his or her custody or control, |
| 17 | | purchasing, possessing, or receiving a firearm. The petition |
| 18 | | shall also describe the type and location of any firearm or |
| 19 | | firearms presently believed by the petitioner to be possessed |
| 20 | | or controlled by the respondent.
|
| 21 | | (b) If the respondent is alleged to pose an immediate and |
| 22 | | present danger of causing personal injury to an intimate |
| 23 | | partner, or an intimate partner is alleged to have been the |
| 24 | | target of a threat or act of violence by the respondent, the |
|
| | HB5501 | - 1994 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | petitioner shall make a good faith effort to provide notice to |
| 2 | | any and all intimate partners of the respondent. The notice |
| 3 | | must include that the petitioner intends to petition the court |
| 4 | | for an emergency firearms restraining order, and, if the |
| 5 | | petitioner is a law enforcement officer, referral to relevant |
| 6 | | domestic violence or stalking advocacy or counseling |
| 7 | | resources, if appropriate. The petitioner shall attest to |
| 8 | | having provided the notice in the filed affidavit or verified |
| 9 | | pleading. If, after making a good faith effort, the petitioner |
| 10 | | is unable to provide notice to any or all intimate partners, |
| 11 | | the affidavit or verified pleading should describe what |
| 12 | | efforts were made. |
| 13 | | (c) Every person who files a petition for an emergency |
| 14 | | firearms restraining order, knowing the information provided |
| 15 | | to the court at any hearing or in the affidavit or verified |
| 16 | | pleading to be false, is guilty of perjury under Section 32-2 |
| 17 | | of the Criminal Code of 2012.
|
| 18 | | (d) An emergency firearms restraining order shall be |
| 19 | | issued on an ex parte basis, that is, without notice to the |
| 20 | | respondent.
|
| 21 | | (e) An emergency hearing held on an ex parte basis shall be |
| 22 | | held the same day that the petition is filed or the next day |
| 23 | | that the court is in session.
|
| 24 | | (f) If a circuit or associate judge finds probable cause |
| 25 | | to believe that the respondent poses an immediate and present |
| 26 | | danger of causing personal injury to himself, herself, or |
|
| | HB5501 | - 1995 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | another by having in his or her custody or control, |
| 2 | | purchasing, possessing, or receiving a firearm, the circuit or |
| 3 | | associate judge shall issue an emergency order.
|
| 4 | | (f-5) If the court issues an emergency firearms |
| 5 | | restraining order, it shall, upon a finding of probable cause |
| 6 | | that the respondent possesses firearms, issue a search warrant |
| 7 | | directing a law enforcement agency to seize the respondent's |
| 8 | | firearms. The court may, as part of that warrant, direct the |
| 9 | | law enforcement agency to search the respondent's residence |
| 10 | | and other places where the court finds there is probable cause |
| 11 | | to believe he or she is likely to possess the firearms. |
| 12 | | (g) An emergency firearms restraining order shall require:
|
| 13 | | (1) the respondent to refrain from having in his or |
| 14 | | her custody or control, purchasing, possessing, or |
| 15 | | receiving additional firearms for the duration of the |
| 16 | | order under Section 8.2 of the Firearm Owners |
| 17 | | Identification Card Act;
and |
| 18 | | (2) the respondent to comply with Section 9.5 of the |
| 19 | | Firearm Owners Identification Card Act and subsection (g) |
| 20 | | of Section 70 of the Firearm Concealed Carry Act Illinois. |
| 21 | | (h) Except as otherwise provided in subsection (h-5) of |
| 22 | | this Section, upon expiration of the period of safekeeping, if |
| 23 | | the firearms or Firearm Owner's Identification Card and |
| 24 | | concealed carry license cannot be returned to the respondent |
| 25 | | because the respondent cannot be located, fails to respond to |
| 26 | | requests to retrieve the firearms, or is not lawfully eligible |
|
| | HB5501 | - 1996 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to possess a firearm, upon petition from the local law |
| 2 | | enforcement agency, the court may order the local law |
| 3 | | enforcement agency to destroy the firearms, use the firearms |
| 4 | | for training purposes, or use the firearms for any other |
| 5 | | application as deemed appropriate by the local law enforcement |
| 6 | | agency.
|
| 7 | | (h-5) On or before January 1, 2022, a respondent whose |
| 8 | | Firearm Owner's Identification Card has been revoked or |
| 9 | | suspended may petition the court, if the petitioner is present |
| 10 | | in court or has notice of the respondent's petition, to |
| 11 | | transfer the respondent's firearm to a person who is lawfully |
| 12 | | able to possess the firearm if the person does not reside at |
| 13 | | the same address as the respondent. Notice of the petition |
| 14 | | shall be served upon the person protected by the emergency |
| 15 | | firearms restraining order. While the order is in effect, the |
| 16 | | transferee who receives the respondent's firearms must swear |
| 17 | | or affirm by affidavit that he or she shall not transfer the |
| 18 | | firearm to the respondent or to anyone residing in the same |
| 19 | | residence as the respondent. |
| 20 | | (h-6) If a person other than the respondent claims title |
| 21 | | to any firearms surrendered under this Section, he or she may |
| 22 | | petition the court, if the petitioner is present in court or |
| 23 | | has notice of the petition, to have the firearm returned to him |
| 24 | | or her. If the court determines that person to be the lawful |
| 25 | | owner of the firearm, the firearm shall be returned to him or |
| 26 | | her, provided that: |
|
| | HB5501 | - 1997 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) the firearm is removed from the respondent's |
| 2 | | custody, control, or possession and the lawful owner |
| 3 | | agrees to store the firearm in a manner such that the |
| 4 | | respondent does not have access to or control of the |
| 5 | | firearm; and |
| 6 | | (2) the firearm is not otherwise unlawfully possessed |
| 7 | | by the owner. |
| 8 | | The person petitioning for the return of his or her |
| 9 | | firearm must swear or affirm by affidavit that he or she: (i) |
| 10 | | is the lawful owner of the firearm; (ii) shall not transfer the |
| 11 | | firearm to the respondent; and (iii) will store the firearm in |
| 12 | | a manner that the respondent does not have access to or control |
| 13 | | of the firearm. |
| 14 | | (i) In accordance with subsection (e) of this Section, the |
| 15 | | court shall schedule a full hearing as soon as possible, but no |
| 16 | | longer than 14 days from the issuance of an ex parte firearms |
| 17 | | restraining order, to determine if a 6-month firearms |
| 18 | | restraining order shall be issued. The court may extend an ex |
| 19 | | parte order as needed, but not to exceed 14 days, to effectuate |
| 20 | | service of the order or if necessary to continue protection. |
| 21 | | The court may extend the order for a greater length of time by |
| 22 | | mutual agreement of the parties.
|
| 23 | | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; |
| 24 | | 102-538, eff. 8-20-21; revised 11-9-21.)
|
| 25 | | (Text of Section after amendment by P.A. 102-345)
|
|
| | HB5501 | - 1998 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 35. Ex parte orders and emergency hearings.
|
| 2 | | (a) A petitioner may request an emergency firearms |
| 3 | | restraining order by filing an affidavit or verified pleading |
| 4 | | alleging that the respondent poses an immediate and present |
| 5 | | danger of causing personal injury to himself, herself, or |
| 6 | | another by having in his or her custody or control, |
| 7 | | purchasing, possessing, or receiving a firearm, ammunition, or |
| 8 | | firearm parts
that could be assembled to make an operable |
| 9 | | firearm. The petition shall also describe the type and |
| 10 | | location of any firearm or firearms, ammunition, or firearm |
| 11 | | parts
that could be assembled to make an operable firearm |
| 12 | | presently believed by the petitioner to be possessed or |
| 13 | | controlled by the respondent.
|
| 14 | | (b) If the respondent is alleged to pose an immediate and |
| 15 | | present danger of causing personal injury to an intimate |
| 16 | | partner, or an intimate partner is alleged to have been the |
| 17 | | target of a threat or act of violence by the respondent, the |
| 18 | | petitioner shall make a good faith effort to provide notice to |
| 19 | | any and all intimate partners of the respondent. The notice |
| 20 | | must include that the petitioner intends to petition the court |
| 21 | | for an emergency firearms restraining order, and, if the |
| 22 | | petitioner is a law enforcement officer, referral to relevant |
| 23 | | domestic violence or stalking advocacy or counseling |
| 24 | | resources, if appropriate. The petitioner shall attest to |
| 25 | | having provided the notice in the filed affidavit or verified |
| 26 | | pleading. If, after making a good faith effort, the petitioner |
|
| | HB5501 | - 1999 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | is unable to provide notice to any or all intimate partners, |
| 2 | | the affidavit or verified pleading should describe what |
| 3 | | efforts were made. |
| 4 | | (c) Every person who files a petition for an emergency |
| 5 | | firearms restraining order, knowing the information provided |
| 6 | | to the court at any hearing or in the affidavit or verified |
| 7 | | pleading to be false, is guilty of perjury under Section 32-2 |
| 8 | | of the Criminal Code of 2012.
|
| 9 | | (d) An emergency firearms restraining order shall be |
| 10 | | issued on an ex parte basis, that is, without notice to the |
| 11 | | respondent.
|
| 12 | | (e) An emergency hearing held on an ex parte basis shall be |
| 13 | | held the same day that the petition is filed or the next day |
| 14 | | that the court is in session.
|
| 15 | | (f) If a circuit or associate judge finds probable cause |
| 16 | | to believe that the respondent poses an immediate and present |
| 17 | | danger of causing personal injury to himself, herself, or |
| 18 | | another by having in his or her custody or control, |
| 19 | | purchasing, possessing, or receiving a firearm, ammunition, or |
| 20 | | firearm parts
that could be assembled to make an operable |
| 21 | | firearm, the circuit or associate judge shall issue an |
| 22 | | emergency order.
|
| 23 | | (f-5) If the court issues an emergency firearms |
| 24 | | restraining order, it shall, upon a finding of probable cause |
| 25 | | that the respondent possesses firearms, ammunition, or firearm |
| 26 | | parts
that could be assembled to make an operable firearm, |
|
| | HB5501 | - 2000 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | issue a search warrant directing a law enforcement agency to |
| 2 | | seize the respondent's firearms, ammunition, and firearm parts |
| 3 | | that could
be assembled to make an operable firearm. The court |
| 4 | | may, as part of that warrant, direct the law enforcement |
| 5 | | agency to search the respondent's residence and other places |
| 6 | | where the court finds there is probable cause to believe he or |
| 7 | | she is likely to possess the firearms, ammunition, or firearm |
| 8 | | parts
that could be assembled to make an operable firearm. A |
| 9 | | return of the search warrant shall be filed by the law |
| 10 | | enforcement agency within 4 days thereafter, setting forth the |
| 11 | | time, date, and location that the search warrant was executed |
| 12 | | and what items, if any, were seized. |
| 13 | | (g) An emergency firearms restraining order shall require:
|
| 14 | | (1) the respondent to refrain from having in his or |
| 15 | | her custody or control, purchasing, possessing, or |
| 16 | | receiving additional firearms, ammunition, or firearm |
| 17 | | parts that could be assembled to make an operable firearm, |
| 18 | | or removing firearm parts that could be assembled to make |
| 19 | | an operable firearm for the duration of the order under |
| 20 | | Section 8.2 of the Firearm Owners Identification Card Act;
|
| 21 | | and |
| 22 | | (2) the respondent to comply with Section 9.5 of the |
| 23 | | Firearm Owners Identification Card Act and subsection (g) |
| 24 | | of Section 70 of the Firearm Concealed Carry Act Illinois, |
| 25 | | ammunition, and firearm parts that could
be assembled to |
| 26 | | make an operable firearm. |
|
| | HB5501 | - 2001 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (h) Except as otherwise provided in subsection (h-5) of |
| 2 | | this Section, upon expiration of the period of safekeeping, if |
| 3 | | the firearms, ammunition, and firearm parts that could
be |
| 4 | | assembled to make an operable firearm or Firearm Owner's |
| 5 | | Identification Card and concealed carry license cannot be |
| 6 | | returned to the respondent because the respondent cannot be |
| 7 | | located, fails to respond to requests to retrieve the |
| 8 | | firearms, or is not lawfully eligible to possess a firearm, |
| 9 | | ammunition, or firearm parts
that could be assembled to make |
| 10 | | an operable firearm, upon petition from the local law |
| 11 | | enforcement agency, the court may order the local law |
| 12 | | enforcement agency to destroy the firearms, ammunition, and |
| 13 | | firearm parts that could
be assembled to make an operable |
| 14 | | firearm, use the firearms, ammunition, and firearm parts that |
| 15 | | could
be assembled to make an operable firearm for training |
| 16 | | purposes, or use the firearms, ammunition, and firearm parts |
| 17 | | that could
be assembled to make an operable firearm for any |
| 18 | | other application as deemed appropriate by the local law |
| 19 | | enforcement agency.
|
| 20 | | (h-5) On or before January 1, 2022, a respondent whose |
| 21 | | Firearm Owner's Identification Card has been revoked or |
| 22 | | suspended may petition the court, if the petitioner is present |
| 23 | | in court or has notice of the respondent's petition, to |
| 24 | | transfer the respondent's firearm, ammunition, and firearm |
| 25 | | parts that could
be assembled to make an operable firearm to a |
| 26 | | person who is lawfully able to possess the firearm, |
|
| | HB5501 | - 2002 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ammunition, and firearm parts that could
be assembled to make |
| 2 | | an operable firearm if the person does not reside at the same |
| 3 | | address as the respondent. Notice of the petition shall be |
| 4 | | served upon the person protected by the emergency firearms |
| 5 | | restraining order. While the order is in effect, the |
| 6 | | transferee who receives the respondent's firearms, ammunition, |
| 7 | | and firearm parts that could be assembled to make an operable |
| 8 | | firearm must swear or affirm by affidavit that he or she shall |
| 9 | | not transfer the firearm, ammunition, and firearm parts that |
| 10 | | could
be assembled to make an operable firearm to the |
| 11 | | respondent or to anyone residing in the same residence as the |
| 12 | | respondent. |
| 13 | | (h-6) If a person other than the respondent claims title |
| 14 | | to any firearms, ammunition, and firearm parts that could
be |
| 15 | | assembled to make an operable firearm surrendered under this |
| 16 | | Section, he or she may petition the court, if the petitioner is |
| 17 | | present in court or has notice of the petition, to have the |
| 18 | | firearm, ammunition, and firearm parts that could be assembled |
| 19 | | to make an operable firearm returned to him or her. If the |
| 20 | | court determines that person to be the lawful owner of the |
| 21 | | firearm, ammunition, and firearm parts that could be assembled |
| 22 | | to make an operable firearm, the firearm, ammunition, and |
| 23 | | firearm parts that could
be assembled to make an operable |
| 24 | | firearm shall be returned to him or her, provided that: |
| 25 | | (1) the firearm,
ammunition, and firearm parts that |
| 26 | | could be assembled to make
an operable firearm are removed |
|
| | HB5501 | - 2003 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | from the respondent's custody, control, or possession and |
| 2 | | the lawful owner agrees to store the firearm, ammunition, |
| 3 | | and firearm parts that could
be assembled to make an |
| 4 | | operable firearm in a manner such that the respondent does |
| 5 | | not have access to or control of the firearm, ammunition, |
| 6 | | and firearm parts that could
be assembled to make an |
| 7 | | operable firearm; and |
| 8 | | (2) the firearm,
ammunition, and firearm parts that |
| 9 | | could be assembled to make
an operable firearm are not |
| 10 | | otherwise unlawfully possessed by the owner. |
| 11 | | The person petitioning for the return of his or her |
| 12 | | firearm, ammunition, and firearm parts that could
be assembled |
| 13 | | to make an operable firearm must swear or affirm by affidavit |
| 14 | | that he or she: (i) is the lawful owner of the firearm, |
| 15 | | ammunition, and firearm parts that could be assembled to make |
| 16 | | an operable firearm; (ii) shall not transfer the firearm, |
| 17 | | ammunition, and firearm parts that could
be assembled to make |
| 18 | | an operable firearm to the respondent; and (iii) will store |
| 19 | | the firearm, ammunition, and firearm parts that could be |
| 20 | | assembled to make an operable firearm in a manner that the |
| 21 | | respondent does not have access to or control of the firearm, |
| 22 | | ammunition, and firearm parts that could
be assembled to make |
| 23 | | an operable firearm. |
| 24 | | (i) In accordance with subsection (e) of this Section, the |
| 25 | | court shall schedule a full hearing as soon as possible, but no |
| 26 | | longer than 14 days from the issuance of an ex parte firearms |
|
| | HB5501 | - 2004 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | restraining order, to determine if a 6-month firearms |
| 2 | | restraining order shall be issued. The court may extend an ex |
| 3 | | parte order as needed, but not to exceed 14 days, to effectuate |
| 4 | | service of the order or if necessary to continue protection. |
| 5 | | The court may extend the order for a greater length of time by |
| 6 | | mutual agreement of the parties.
|
| 7 | | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; |
| 8 | | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-9-21.)
|
| 9 | | (430 ILCS 67/40)
|
| 10 | | (Text of Section before amendment by P.A. 102-237) |
| 11 | | Sec. 40. Six-month orders.
|
| 12 | | (a) A petitioner may request a 6-month firearms |
| 13 | | restraining order by filing an affidavit or verified pleading |
| 14 | | alleging that the respondent poses a significant danger of |
| 15 | | causing personal injury to himself, herself, or another in the |
| 16 | | near future by having in his or her custody or control, |
| 17 | | purchasing, possessing, or receiving a firearm. The petition |
| 18 | | shall also describe the number, types, and locations of any |
| 19 | | firearms presently believed by the petitioner to be possessed |
| 20 | | or controlled by the respondent.
|
| 21 | | (b) If the respondent is alleged to pose a significant |
| 22 | | danger of causing personal injury to an intimate partner, or |
| 23 | | an intimate partner is alleged to have been the target of a |
| 24 | | threat or act of violence by the respondent, the petitioner |
| 25 | | shall make a good faith effort to provide notice to any and all |
|
| | HB5501 | - 2005 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | intimate partners of the respondent. The notice must include |
| 2 | | that the petitioner intends to petition the court for a |
| 3 | | 6-month firearms restraining order, and, if the petitioner is |
| 4 | | a law enforcement officer, referral to relevant domestic |
| 5 | | violence or stalking advocacy or counseling resources, if |
| 6 | | appropriate. The petitioner shall attest to having provided |
| 7 | | the notice in the filed affidavit or verified pleading. If, |
| 8 | | after making a good faith effort, the petitioner is unable to |
| 9 | | provide notice to any or all intimate partners, the affidavit |
| 10 | | or verified pleading should describe what efforts were made. |
| 11 | | (c) Every person who files a petition for a 6-month |
| 12 | | firearms restraining order, knowing the information provided |
| 13 | | to the court at any hearing or in the affidavit or verified |
| 14 | | pleading to be false, is guilty of perjury under Section 32-2 |
| 15 | | of the Criminal Code of 2012.
|
| 16 | | (d) Upon receipt of a petition for a 6-month firearms |
| 17 | | restraining order, the court shall order a hearing within 30 |
| 18 | | days.
|
| 19 | | (e) In determining whether to issue a firearms restraining |
| 20 | | order under this Section, the court shall consider evidence |
| 21 | | including, but not limited to, the following:
|
| 22 | | (1) The unlawful and reckless use, display, or |
| 23 | | brandishing of a firearm by the respondent.
|
| 24 | | (2) The history of use, attempted use, or threatened |
| 25 | | use of physical force by the respondent against another |
| 26 | | person.
|
|
| | HB5501 | - 2006 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) Any prior arrest of the respondent for a felony |
| 2 | | offense. |
| 3 | | (4) Evidence of the abuse of controlled substances or |
| 4 | | alcohol by the respondent. |
| 5 | | (5) A recent threat of violence or act of violence by |
| 6 | | the respondent directed toward himself, herself, or |
| 7 | | another. |
| 8 | | (6) A violation of an emergency order of protection |
| 9 | | issued under Section 217 of the Illinois Domestic Violence |
| 10 | | Act of 1986 or Section 112A-17 of the Code of Criminal |
| 11 | | Procedure of 1963 or of an order of protection issued |
| 12 | | under Section 214 of the Illinois Domestic Violence Act of |
| 13 | | 1986 or Section 112A-14 of the Code of Criminal Procedure |
| 14 | | of 1963.
|
| 15 | | (7) A pattern of violent acts or violent threats, |
| 16 | | including, but not limited to, threats of violence or acts |
| 17 | | of violence by the respondent directed toward himself, |
| 18 | | herself, or another. |
| 19 | | (f) At the hearing, the petitioner shall have the burden |
| 20 | | of proving, by clear and convincing evidence, that the |
| 21 | | respondent poses a significant danger of personal injury to |
| 22 | | himself, herself, or another by having in his or her custody or |
| 23 | | control, purchasing, possessing, or receiving a firearm. |
| 24 | | (g) If the court finds that there is clear and convincing |
| 25 | | evidence to issue a firearms restraining order, the court |
| 26 | | shall issue a firearms restraining order that shall be in |
|
| | HB5501 | - 2007 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | effect for 6 months subject to renewal under Section 45 of this |
| 2 | | Act or termination under that Section. |
| 3 | | (g-5) If the court issues a 6-month firearms restraining |
| 4 | | order, it shall, upon a finding of probable cause that the |
| 5 | | respondent possesses firearms, issue a search warrant |
| 6 | | directing a law enforcement agency to seize the respondent's |
| 7 | | firearms. The court may, as part of that warrant, direct the |
| 8 | | law enforcement agency to search the respondent's residence |
| 9 | | and other places where the court finds there is probable cause |
| 10 | | to believe he or she is likely to possess the firearms. |
| 11 | | (h) A 6-month firearms restraining order shall require: |
| 12 | | (1) the respondent to refrain from having in his or |
| 13 | | her custody or control, purchasing, possessing, or |
| 14 | | receiving additional firearms for the duration of the |
| 15 | | order under Section 8.2 of the Firearm Owners |
| 16 | | Identification Card Act; and |
| 17 | | (2) the respondent to comply with Section 9.5 of the |
| 18 | | Firearm Owners Identification Card Act and subsection (g) |
| 19 | | of Section 70 of the Firearm Concealed Carry Act. Illinois |
| 20 | | (i) Except as otherwise provided in subsection (i-5) of |
| 21 | | this Section, upon expiration of the period of safekeeping, if |
| 22 | | the firearms or Firearm Owner's Identification Card cannot be |
| 23 | | returned to the respondent because the respondent cannot be |
| 24 | | located, fails to respond to requests to retrieve the |
| 25 | | firearms, or is not lawfully eligible to possess a firearm, |
| 26 | | upon petition from the local law enforcement agency, the court |
|
| | HB5501 | - 2008 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | may order the local law enforcement agency to destroy the |
| 2 | | firearms, use the firearms for training purposes, or use the |
| 3 | | firearms for any other application as deemed appropriate by |
| 4 | | the local law enforcement agency. |
| 5 | | (i-5) A respondent whose Firearm Owner's Identification |
| 6 | | Card has been revoked or suspended may petition the court, if |
| 7 | | the petitioner is present in court or has notice of the |
| 8 | | respondent's petition, to transfer the respondent's firearm to |
| 9 | | a person who is lawfully able to possess the firearm if the |
| 10 | | person does not reside at the same address as the respondent. |
| 11 | | Notice of the petition shall be served upon the person |
| 12 | | protected by the emergency firearms restraining order. While |
| 13 | | the order is in effect, the transferee who receives the |
| 14 | | respondent's firearms must swear or affirm by affidavit that |
| 15 | | he or she shall not transfer the firearm to the respondent or |
| 16 | | to anyone residing in the same residence as the respondent. |
| 17 | | (i-6) If a person other than the respondent claims title |
| 18 | | to any firearms surrendered under this Section, he or she may |
| 19 | | petition the court, if the petitioner is present in court or |
| 20 | | has notice of the petition, to have the firearm returned to him |
| 21 | | or her. If the court determines that person to be the lawful |
| 22 | | owner of the firearm, the firearm shall be returned to him or |
| 23 | | her, provided that: |
| 24 | | (1) the firearm is removed from the respondent's |
| 25 | | custody, control, or possession and the lawful owner |
| 26 | | agrees to store the firearm in a manner such that the |
|
| | HB5501 | - 2010 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | alleging that the respondent poses a significant danger of |
| 2 | | causing personal injury to himself, herself, or another in the |
| 3 | | near future by having in his or her custody or control, |
| 4 | | purchasing, possessing, or receiving a firearm, ammunition, |
| 5 | | and firearm parts that could
be assembled to make an operable |
| 6 | | firearm. The petition shall also describe the number, types, |
| 7 | | and locations of any firearms, ammunition, and firearm parts |
| 8 | | that could
be assembled to make an operable firearm presently |
| 9 | | believed by the petitioner to be possessed or controlled by |
| 10 | | the respondent.
|
| 11 | | (b) If the respondent is alleged to pose a significant |
| 12 | | danger of causing personal injury to an intimate partner, or |
| 13 | | an intimate partner is alleged to have been the target of a |
| 14 | | threat or act of violence by the respondent, the petitioner |
| 15 | | shall make a good faith effort to provide notice to any and all |
| 16 | | intimate partners of the respondent. The notice must include |
| 17 | | that the petitioner intends to petition the court for a |
| 18 | | 6-month firearms restraining order, and, if the petitioner is |
| 19 | | a law enforcement officer, referral to relevant domestic |
| 20 | | violence or stalking advocacy or counseling resources, if |
| 21 | | appropriate. The petitioner shall attest to having provided |
| 22 | | the notice in the filed affidavit or verified pleading. If, |
| 23 | | after making a good faith effort, the petitioner is unable to |
| 24 | | provide notice to any or all intimate partners, the affidavit |
| 25 | | or verified pleading should describe what efforts were made. |
| 26 | | (c) Every person who files a petition for a 6-month |
|
| | HB5501 | - 2011 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | firearms restraining order, knowing the information provided |
| 2 | | to the court at any hearing or in the affidavit or verified |
| 3 | | pleading to be false, is guilty of perjury under Section 32-2 |
| 4 | | of the Criminal Code of 2012.
|
| 5 | | (d) Upon receipt of a petition for a 6-month firearms |
| 6 | | restraining order, the court shall order a hearing within 30 |
| 7 | | days.
|
| 8 | | (e) In determining whether to issue a firearms restraining |
| 9 | | order under this Section, the court shall consider evidence |
| 10 | | including, but not limited to, the following:
|
| 11 | | (1) The unlawful and reckless use, display, or |
| 12 | | brandishing of a firearm, ammunition, and firearm parts |
| 13 | | that could
be assembled to make an operable firearm by the |
| 14 | | respondent.
|
| 15 | | (2) The history of use, attempted use, or threatened |
| 16 | | use of physical force by the respondent against another |
| 17 | | person.
|
| 18 | | (3) Any prior arrest of the respondent for a felony |
| 19 | | offense. |
| 20 | | (4) Evidence of the abuse of controlled substances or |
| 21 | | alcohol by the respondent. |
| 22 | | (5) A recent threat of violence or act of violence by |
| 23 | | the respondent directed toward himself, herself, or |
| 24 | | another. |
| 25 | | (6) A violation of an emergency order of protection |
| 26 | | issued under Section 217 of the Illinois Domestic Violence |
|
| | HB5501 | - 2012 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Act of 1986 or Section 112A-17 of the Code of Criminal |
| 2 | | Procedure of 1963 or of an order of protection issued |
| 3 | | under Section 214 of the Illinois Domestic Violence Act of |
| 4 | | 1986 or Section 112A-14 of the Code of Criminal Procedure |
| 5 | | of 1963.
|
| 6 | | (7) A pattern of violent acts or violent threats, |
| 7 | | including, but not limited to, threats of violence or acts |
| 8 | | of violence by the respondent directed toward himself, |
| 9 | | herself, or another. |
| 10 | | (f) At the hearing, the petitioner shall have the burden |
| 11 | | of proving, by clear and convincing evidence, that the |
| 12 | | respondent poses a significant danger of personal injury to |
| 13 | | himself, herself, or another by having in his or her custody or |
| 14 | | control, purchasing, possessing, or receiving a firearm, |
| 15 | | ammunition, and firearm parts that could be assembled to make |
| 16 | | an operable firearm. |
| 17 | | (g) If the court finds that there is clear and convincing |
| 18 | | evidence to issue a firearms restraining order, the court |
| 19 | | shall issue a firearms restraining order that shall be in |
| 20 | | effect for 6 months subject to renewal under Section 45 of this |
| 21 | | Act or termination under that Section. |
| 22 | | (g-5) If the court issues a 6-month firearms restraining |
| 23 | | order, it shall, upon a finding of probable cause that the |
| 24 | | respondent possesses firearms, ammunition, and firearm parts |
| 25 | | that could
be assembled to make an operable firearm, issue a |
| 26 | | search warrant directing a law enforcement agency to seize the |
|
| | HB5501 | - 2013 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | respondent's firearms, ammunition, and firearm parts that |
| 2 | | could
be assembled to make an operable firearm. The court may, |
| 3 | | as part of that warrant, direct the law enforcement agency to |
| 4 | | search the respondent's residence and other places where the |
| 5 | | court finds there is probable cause to believe he or she is |
| 6 | | likely to possess the firearms, ammunition, and firearm parts |
| 7 | | that could
be assembled to make an operable firearm. A return |
| 8 | | of the search warrant shall be filed by the law enforcement |
| 9 | | agency within 4 days thereafter, setting forth the time, date, |
| 10 | | and location that the search warrant was executed and what |
| 11 | | items, if any, were seized. |
| 12 | | (h) A 6-month firearms restraining order shall require: |
| 13 | | (1) the respondent to refrain from having in his or |
| 14 | | her custody or control, purchasing, possessing, or |
| 15 | | receiving additional firearms, ammunition, and firearm |
| 16 | | parts that could
be assembled to make an operable firearm |
| 17 | | for the duration of the order under Section 8.2 of the |
| 18 | | Firearm Owners Identification Card Act; and |
| 19 | | (2) the respondent to comply with Section 9.5 of the |
| 20 | | Firearm Owners Identification Card Act and subsection (g) |
| 21 | | of Section 70 of the Firearm Concealed Carry Act, |
| 22 | | ammunition, and firearm parts that could
be assembled to |
| 23 | | make an operable firearm. Illinois, ammunition, and |
| 24 | | firearm parts that could be assembled to make an operable |
| 25 | | firearm |
| 26 | | (i) Except as otherwise provided in subsection (i-5) of |
|
| | HB5501 | - 2014 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this Section, upon expiration of the period of safekeeping, if |
| 2 | | the firearms, ammunition, and firearm parts that could
be |
| 3 | | assembled to make an operable firearm or Firearm Owner's |
| 4 | | Identification Card cannot be returned to the respondent |
| 5 | | because the respondent cannot be located, fails to respond to |
| 6 | | requests to retrieve the firearms, ammunition, and firearm |
| 7 | | parts that could
be assembled to make an operable firearm, or |
| 8 | | is not lawfully eligible to possess a firearm, ammunition, and |
| 9 | | firearm parts that could
be assembled to make an operable |
| 10 | | firearm, upon petition from the local law enforcement agency, |
| 11 | | the court may order the local law enforcement agency to |
| 12 | | destroy the firearms, ammunition, and firearm parts that could |
| 13 | | be assembled to make an operable firearm, use the firearms, |
| 14 | | ammunition, and firearm parts that could
be assembled to make |
| 15 | | an operable firearm for training purposes, or use the |
| 16 | | firearms, ammunition, and firearm parts that could
be |
| 17 | | assembled to make an operable firearm for any other |
| 18 | | application as deemed appropriate by the local law enforcement |
| 19 | | agency. |
| 20 | | (i-5) A respondent whose Firearm Owner's Identification |
| 21 | | Card has been revoked or suspended may petition the court, if |
| 22 | | the petitioner is present in court or has notice of the |
| 23 | | respondent's petition, to transfer the respondent's firearm, |
| 24 | | ammunition, and firearm parts that could
be assembled to make |
| 25 | | an operable firearm to a person who is lawfully able to possess |
| 26 | | the firearm, ammunition, and firearm parts that could
be |
|
| | HB5501 | - 2015 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | assembled to make an operable firearm if the person does not |
| 2 | | reside at the same address as the respondent. Notice of the |
| 3 | | petition shall be served upon the person protected by the |
| 4 | | emergency firearms restraining order. While the order is in |
| 5 | | effect, the transferee who receives the respondent's firearms, |
| 6 | | ammunition, and firearm parts that could be assembled to make |
| 7 | | an operable firearm must swear or affirm by affidavit that he |
| 8 | | or she shall not transfer the firearm, ammunition, and firearm |
| 9 | | parts that could
be assembled to make an operable firearm to |
| 10 | | the respondent or to anyone residing in the same residence as |
| 11 | | the respondent. |
| 12 | | (i-6) If a person other than the respondent claims title |
| 13 | | to any firearms, ammunition, and firearm parts that could
be |
| 14 | | assembled to make an operable firearm surrendered under this |
| 15 | | Section, he or she may petition the court, if the petitioner is |
| 16 | | present in court or has notice of the petition, to have the |
| 17 | | firearm, ammunition, and firearm parts that could be assembled |
| 18 | | to make an operable firearm returned to him or her. If the |
| 19 | | court determines that person to be the lawful owner of the |
| 20 | | firearm, ammunition, and firearm parts that could be assembled |
| 21 | | to make an operable firearm, the firearm, ammunition, and |
| 22 | | firearm parts that could
be assembled to make an operable |
| 23 | | firearm shall be returned to him or her, provided that: |
| 24 | | (1) the firearm,
ammunition, and firearm parts that |
| 25 | | could be assembled to make
an operable firearm are removed |
| 26 | | from the respondent's custody, control, or possession and |
|
| | HB5501 | - 2016 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the lawful owner agrees to store the firearm, ammunition, |
| 2 | | and firearm parts that could
be assembled to make an |
| 3 | | operable firearm in a manner such that the respondent does |
| 4 | | not have access to or control of the firearm, ammunition, |
| 5 | | and firearm parts that could
be assembled to make an |
| 6 | | operable firearm; and |
| 7 | | (2) the firearm,
ammunition, and firearm parts that |
| 8 | | could be assembled to make
an operable firearm are not |
| 9 | | otherwise unlawfully possessed by the owner. |
| 10 | | The person petitioning for the return of his or her |
| 11 | | firearm, ammunition, and firearm parts that could
be assembled |
| 12 | | to make an operable firearm must swear or affirm by affidavit |
| 13 | | that he or she: (i) is the lawful owner of the firearm, |
| 14 | | ammunition, and firearm parts that could be assembled to make |
| 15 | | an operable firearm; (ii) shall not transfer the firearm, |
| 16 | | ammunition, and firearm parts that could
be assembled to make |
| 17 | | an operable firearm to the respondent; and (iii) will store |
| 18 | | the firearm, ammunition, and firearm parts that could be |
| 19 | | assembled to make an operable firearm in a manner that the |
| 20 | | respondent does not have access to or control of the firearm, |
| 21 | | ammunition, and firearm parts that could
be assembled to make |
| 22 | | an operable firearm. |
| 23 | | (j) If the court does not issue a firearms restraining |
| 24 | | order at the hearing, the court shall dissolve any emergency |
| 25 | | firearms restraining order then in effect. |
| 26 | | (k) When the court issues a firearms restraining order |
|
| | HB5501 | - 2017 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | under this Section, the court shall inform the respondent that |
| 2 | | he or she is entitled to one hearing during the period of the |
| 3 | | order to request a termination of the order, under Section 45 |
| 4 | | of this Act, and shall provide the respondent with a form to |
| 5 | | request a hearing.
|
| 6 | | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; |
| 7 | | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-3-21.)
|
| 8 | | Section 570. The Wildlife Code is amended by changing |
| 9 | | Section 3.3 as follows:
|
| 10 | | (520 ILCS 5/3.3) (from Ch. 61, par. 3.3)
|
| 11 | | Sec. 3.3. Trapping license required. Before any person |
| 12 | | shall trap any
of the mammals protected
by this Act, for which |
| 13 | | an open trapping season has been established, he shall
first |
| 14 | | procure a trapping license from the Department to do so. No |
| 15 | | traps
shall be placed in the field, set or unset, prior to the |
| 16 | | opening day of
the trapping season.
|
| 17 | | Traps used in the taking of such mammals shall be marked or
|
| 18 | | tagged with metal tags or inscribed in lettering giving the |
| 19 | | name and
address of the owner or the customer identification |
| 20 | | number issued by the Department, and absence of such mark or |
| 21 | | tag shall be prima
facie evidence that such trap or traps are |
| 22 | | illegally used and the trap
or traps shall be confiscated and |
| 23 | | disposed of as directed by the
Department.
|
| 24 | | Before any person 18 years of age or older shall trap, |
|
| | HB5501 | - 2018 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | attempt to
trap, or sell the green hides of any mammal of the |
| 2 | | species defined as
fur-bearing mammals by Section 2.2 for |
| 3 | | which an open season is established
under this Act, he shall |
| 4 | | first have procured a State Habitat Stamp.
|
| 5 | | Beginning January 1, 2016, no trapping license shall be |
| 6 | | issued to any
person born on or after January 1, 1998 unless he |
| 7 | | or she presents to the authorized issuer of the license |
| 8 | | evidence that he or she has a
certificate of competency |
| 9 | | provided for in this Section.
|
| 10 | | The Department of Natural Resources shall authorize
|
| 11 | | personnel of the Department,
or volunteer instructors, found |
| 12 | | by the Department to be competent,
to provide instruction in |
| 13 | | courses on trapping techniques and ethical trapping
behavior |
| 14 | | as needed throughout the State, which courses shall be at |
| 15 | | least
8 hours in length. Persons so authorized shall provide |
| 16 | | instruction in such
courses to individuals at no charge, and |
| 17 | | shall issue to individuals
successfully completing such |
| 18 | | courses certificates of competency in basic
trapping |
| 19 | | techniques. The Department shall cooperate in establishing |
| 20 | | such
courses with any reputable association or organization |
| 21 | | which has as one of
its objectives the promotion of the ethical |
| 22 | | use of legal fur harvesting
devices and techniques. The |
| 23 | | Department shall furnish information on the
requirements of |
| 24 | | the trapper education program to be distributed free of
charge |
| 25 | | to applicants for trapping licenses by the persons appointed |
| 26 | | and
authorized to issue licenses.
|
|
| | HB5501 | - 2019 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | The owners residing on, or bona fide tenants of farm |
| 2 | | lands, and their
children actually residing on such lands, |
| 3 | | shall have the right to trap
mammals protected by this Act, for |
| 4 | | which an open trapping season has been
established, upon such |
| 5 | | lands, without procuring licenses, provided that
such mammals |
| 6 | | are taken during the periods of time and with such devices as
|
| 7 | | are permitted by this Act.
|
| 8 | | Any person on active duty in the Armed Forces or any person |
| 9 | | with a disability who is a resident of Illinois, may trap any |
| 10 | | of the species protected by Section 2.2, during such times, |
| 11 | | with such devices, and by such methods as are permitted by this |
| 12 | | Act, without procuring a trapping license. For the purposes of |
| 13 | | this Section, a person is considered a person with a |
| 14 | | disability if he or she has a Type 1 or Type 4, Class 2 |
| 15 | | disability as defined in Section 4A of the Illinois |
| 16 | | Identification Card Act. For purposes of this Section, an |
| 17 | | Illinois Person with a Disability Identification Card issued |
| 18 | | pursuant to the Illinois Identification Card Act indicating |
| 19 | | that the person thereon named has a Type 1 or Type 4, Class 2 |
| 20 | | disability shall be adequate documentation of such a |
| 21 | | disability. |
| 22 | | (Source: P.A. 101-81, eff. 7-12-19; 102-524, eff. 8-20-21; |
| 23 | | revised 11-29-21.)
|
| 24 | | Section 575. The Illinois Vehicle Code is amended by |
| 25 | | changing Sections 3-117.1, 3-699.14, 5-102, 5-402.1, 6-106.1, |
|
| | HB5501 | - 2020 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 6-107.5, 6-206, 6-508, 11-212, 11-907, 11-1201.1, 13-108, |
| 2 | | 13-109.1, 15-102, 15-305, 16-103, and 16-105 as follows:
|
| 3 | | (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
|
| 4 | | Sec. 3-117.1. When junking certificates or salvage |
| 5 | | certificates must
be obtained. |
| 6 | | (a) Except as provided in Chapter 4 and Section 3-117.3 of |
| 7 | | this Code, a person who possesses a
junk vehicle shall within |
| 8 | | 15 days cause the certificate of title, salvage
certificate, |
| 9 | | certificate of purchase, or a similarly acceptable |
| 10 | | out-of-state
document of ownership to be surrendered to the |
| 11 | | Secretary of State along with an
application for a junking |
| 12 | | certificate, except as provided in Section 3-117.2,
whereupon |
| 13 | | the Secretary of State shall issue to such a person a junking
|
| 14 | | certificate, which shall authorize the holder thereof to |
| 15 | | possess, transport,
or, by an endorsement, transfer ownership |
| 16 | | in such junked vehicle, and a
certificate of title shall not |
| 17 | | again be issued for such vehicle. The owner of a junk vehicle |
| 18 | | is not required to surrender the certificate of title under |
| 19 | | this subsection if (i) there is no lienholder on the |
| 20 | | certificate of title or (ii) the owner of the junk vehicle has |
| 21 | | a valid lien release from the lienholder releasing all |
| 22 | | interest in the vehicle and the owner applying for the junk |
| 23 | | certificate matches the current record on the certificate of |
| 24 | | title file for the vehicle.
|
| 25 | | A licensee who possesses a junk vehicle and a Certificate |
|
| | HB5501 | - 2021 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of Title,
Salvage Certificate, Certificate of Purchase, or a |
| 2 | | similarly acceptable
out-of-state document of ownership for |
| 3 | | such junk vehicle, may transport the
junk vehicle to another |
| 4 | | licensee prior to applying for or obtaining a
junking |
| 5 | | certificate, by executing a uniform invoice. The licensee
|
| 6 | | transferor shall furnish a copy of the uniform invoice to the |
| 7 | | licensee
transferee at the time of transfer. In any case, the |
| 8 | | licensee transferor
shall apply for a junking certificate in |
| 9 | | conformance with Section 3-117.1
of this Chapter. The |
| 10 | | following information shall be contained on a uniform
invoice:
|
| 11 | | (1) The business name, address, and dealer license |
| 12 | | number of the person
disposing of the vehicle, junk |
| 13 | | vehicle, or vehicle cowl;
|
| 14 | | (2) The name and address of the person acquiring the |
| 15 | | vehicle, junk
vehicle, or vehicle cowl, and, if that |
| 16 | | person is a dealer, the Illinois or
out-of-state dealer |
| 17 | | license number of that dealer;
|
| 18 | | (3) The date of the disposition of the vehicle, junk |
| 19 | | vehicle, or vehicle
cowl;
|
| 20 | | (4) The year, make, model, color, and description of |
| 21 | | each vehicle, junk
vehicle, or vehicle cowl disposed of by |
| 22 | | such person;
|
| 23 | | (5) The manufacturer's vehicle identification number, |
| 24 | | Secretary of State
identification number, or Illinois |
| 25 | | State Police number,
for each vehicle, junk vehicle, or |
| 26 | | vehicle cowl part disposed of by such person;
|
|
| | HB5501 | - 2022 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (6) The printed name and legible signature of the |
| 2 | | person or agent
disposing of the vehicle, junk vehicle, or |
| 3 | | vehicle cowl; and
|
| 4 | | (7) The printed name and legible signature of the |
| 5 | | person accepting
delivery of the vehicle, junk vehicle, or |
| 6 | | vehicle cowl.
|
| 7 | | The Secretary of State may certify a junking manifest in a |
| 8 | | form prescribed by
the Secretary of State that reflects those |
| 9 | | vehicles for which junking
certificates have been applied or |
| 10 | | issued. A junking manifest
may be issued to any person and it |
| 11 | | shall constitute evidence of ownership
for the vehicle listed |
| 12 | | upon it. A junking manifest may be transferred only
to a person |
| 13 | | licensed under Section 5-301 of this Code as a scrap |
| 14 | | processor.
A junking manifest will allow the transportation of |
| 15 | | those
vehicles to a scrap processor prior to receiving the |
| 16 | | junk certificate from
the Secretary of State.
|
| 17 | | (b) An application for a salvage certificate shall be |
| 18 | | submitted to the
Secretary of State in any of the following |
| 19 | | situations:
|
| 20 | | (1) When an insurance company makes a payment of |
| 21 | | damages on a total loss
claim for a vehicle, the insurance |
| 22 | | company shall be deemed to be the owner of
such vehicle and |
| 23 | | the vehicle shall be considered to be salvage except that
|
| 24 | | ownership of (i) a vehicle that has incurred only hail |
| 25 | | damage that does
not
affect the operational safety of the |
| 26 | | vehicle or (ii) any vehicle
9 model years of age or older |
|
| | HB5501 | - 2023 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | may, by agreement between
the registered owner and the |
| 2 | | insurance company, be retained by the registered
owner of |
| 3 | | such vehicle. The insurance company shall promptly deliver |
| 4 | | or mail
within 20 days the certificate of title along with |
| 5 | | proper application and fee
to the Secretary of State, and |
| 6 | | a salvage certificate shall be issued in the
name of the |
| 7 | | insurance company. Notwithstanding the foregoing, an |
| 8 | | insurer making payment of damages on a total loss claim |
| 9 | | for the theft of a vehicle shall not be required to apply |
| 10 | | for a salvage certificate unless the vehicle is recovered |
| 11 | | and has incurred damage that initially would have caused |
| 12 | | the vehicle to be declared a total loss by the insurer. |
| 13 | | (1.1) When a vehicle of a self-insured company is to |
| 14 | | be sold in the State of Illinois and has sustained damaged |
| 15 | | by collision, fire, theft, rust corrosion, or other means |
| 16 | | so that the self-insured company determines the vehicle to |
| 17 | | be a total loss, or if the cost of repairing the damage, |
| 18 | | including labor, would be greater than 70% of its fair |
| 19 | | market value without that damage, the vehicle shall be |
| 20 | | considered salvage. The self-insured company shall |
| 21 | | promptly deliver the certificate of title along with |
| 22 | | proper application and fee to the Secretary of State, and |
| 23 | | a salvage certificate shall be issued in the name of the |
| 24 | | self-insured company. A self-insured company making |
| 25 | | payment of damages on a total loss claim for the theft of a |
| 26 | | vehicle may exchange the salvage certificate for a |
|
| | HB5501 | - 2024 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | certificate of title if the vehicle is recovered without |
| 2 | | damage. In such a situation, the self-insured shall fill |
| 3 | | out and sign a form prescribed by the Secretary of State |
| 4 | | which contains an affirmation under penalty of perjury |
| 5 | | that the vehicle was recovered without damage and the |
| 6 | | Secretary of State may, by rule, require photographs to be |
| 7 | | submitted.
|
| 8 | | (2) When a vehicle the ownership of which has been |
| 9 | | transferred to any
person through a certificate of |
| 10 | | purchase from acquisition of the vehicle at an
auction, |
| 11 | | other dispositions as set forth in Sections 4-208 and |
| 12 | | 4-209
of this Code, or a lien arising under Section |
| 13 | | 18a-501 of this Code shall be deemed
salvage or junk at the |
| 14 | | option of the purchaser. The person acquiring such
vehicle |
| 15 | | in such manner shall promptly deliver or mail, within 20 |
| 16 | | days after the
acquisition of the vehicle, the certificate |
| 17 | | of purchase, the
proper application and fee, and, if the |
| 18 | | vehicle is an abandoned mobile home
under the Abandoned |
| 19 | | Mobile Home Act, a certification from a local law
|
| 20 | | enforcement agency that the vehicle was purchased or |
| 21 | | acquired at a public sale
under the Abandoned Mobile Home |
| 22 | | Act to the Secretary of State and a salvage
certificate or |
| 23 | | junking certificate shall be issued in the name of that |
| 24 | | person.
The salvage certificate or junking certificate |
| 25 | | issued by the Secretary of State
under this Section shall |
| 26 | | be free of any lien that existed against the vehicle
prior |
|
| | HB5501 | - 2025 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to the time the vehicle was acquired by the applicant |
| 2 | | under this Code.
|
| 3 | | (3) A vehicle which has been repossessed by a |
| 4 | | lienholder shall be
considered to be salvage only when the |
| 5 | | repossessed vehicle, on the date of
repossession by the |
| 6 | | lienholder, has sustained damage by collision, fire, |
| 7 | | theft,
rust corrosion, or other means so that the cost of |
| 8 | | repairing
such damage, including labor, would be greater |
| 9 | | than 50% of its fair market
value without such damage. If |
| 10 | | the lienholder determines that such vehicle is
damaged in |
| 11 | | excess of 50% of such fair market value, the lienholder |
| 12 | | shall,
before sale, transfer, or assignment of the |
| 13 | | vehicle, make application for a
salvage certificate, and |
| 14 | | shall submit with such application the proper fee
and |
| 15 | | evidence of possession. If the facts required to be shown |
| 16 | | in
subsection (f) of Section 3-114 are satisfied, the |
| 17 | | Secretary of State shall
issue a salvage certificate in |
| 18 | | the name of the lienholder making the
application. In any |
| 19 | | case wherein the vehicle repossessed is not damaged in
|
| 20 | | excess of 50% of its fair market value, the lienholder
|
| 21 | | shall comply with the requirements of subsections (f), |
| 22 | | (f-5), and (f-10) of
Section 3-114, except that the |
| 23 | | affidavit of repossession made by or on behalf
of the |
| 24 | | lienholder
shall also contain an affirmation under penalty |
| 25 | | of perjury that the vehicle
on
the date of sale is not
|
| 26 | | damaged in
excess of 50% of its fair market value. If the |
|
| | HB5501 | - 2026 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | facts required to be shown
in subsection (f) of Section |
| 2 | | 3-114 are satisfied, the Secretary of State
shall issue a |
| 3 | | certificate of title as set forth in Section 3-116 of this |
| 4 | | Code.
The Secretary of State may by rule or regulation |
| 5 | | require photographs to be
submitted.
|
| 6 | | (4) A vehicle which is a part of a fleet of more than 5 |
| 7 | | commercial
vehicles registered in this State or any other |
| 8 | | state or registered
proportionately among several states |
| 9 | | shall be considered to be salvage when
such vehicle has |
| 10 | | sustained damage by collision, fire, theft, rust,
|
| 11 | | corrosion or similar means so that the cost of repairing |
| 12 | | such damage, including
labor, would be greater than 50% of |
| 13 | | the fair market value of the vehicle
without such damage. |
| 14 | | If the owner of a fleet vehicle desires to sell,
transfer, |
| 15 | | or assign his interest in such vehicle to a person within |
| 16 | | this State
other than an insurance company licensed to do |
| 17 | | business within this State, and
the owner determines that |
| 18 | | such vehicle, at the time of the proposed sale,
transfer |
| 19 | | or assignment is damaged in excess of 50% of its fair |
| 20 | | market
value, the owner shall, before such sale, transfer |
| 21 | | or assignment, make
application for a salvage certificate. |
| 22 | | The application shall contain with it
evidence of |
| 23 | | possession of the vehicle. If the fleet vehicle at the |
| 24 | | time of its
sale, transfer, or assignment is not damaged |
| 25 | | in excess of 50% of its
fair market value, the owner shall |
| 26 | | so state in a written affirmation on a
form prescribed by |
|
| | HB5501 | - 2027 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Secretary of State by rule or regulation. The
|
| 2 | | Secretary of State may by rule or regulation require |
| 3 | | photographs to be
submitted. Upon sale, transfer or |
| 4 | | assignment of the fleet vehicle the
owner shall mail the |
| 5 | | affirmation to the Secretary of State.
|
| 6 | | (5) A vehicle that has been submerged in water to the
|
| 7 | | point that rising water has reached over the door sill and |
| 8 | | has
entered the
passenger or trunk compartment is a "flood |
| 9 | | vehicle". A flood vehicle shall
be considered to be |
| 10 | | salvage only if the vehicle has sustained damage so that
|
| 11 | | the cost of repairing the damage, including labor, would |
| 12 | | be greater than 50% of the fair market value of the vehicle |
| 13 | | without that damage. The salvage
certificate issued under |
| 14 | | this
Section shall indicate the word "flood", and the word |
| 15 | | "flood" shall be
conspicuously entered on subsequent |
| 16 | | titles for the vehicle. A person who
possesses or acquires |
| 17 | | a flood vehicle that is not damaged in excess of 50%
of its |
| 18 | | fair market value shall make application for title in |
| 19 | | accordance with
Section 3-116 of this Code, designating |
| 20 | | the vehicle as "flood" in a manner
prescribed by the |
| 21 | | Secretary of State. The certificate of title issued shall
|
| 22 | | indicate the word "flood", and the word "flood" shall be |
| 23 | | conspicuously entered
on subsequent titles for the |
| 24 | | vehicle.
|
| 25 | | (6) When any licensed rebuilder, repairer, new or used |
| 26 | | vehicle dealer, or remittance agent has submitted an |
|
| | HB5501 | - 2028 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | application for title to a vehicle (other than an |
| 2 | | application for title to a rebuilt vehicle) that he or she |
| 3 | | knows or reasonably should have known to have sustained |
| 4 | | damages in excess of 50% of the vehicle's fair market |
| 5 | | value without that damage; provided, however, that any |
| 6 | | application for a salvage certificate for a vehicle |
| 7 | | recovered from theft and acquired from an insurance |
| 8 | | company shall be made as required by paragraph (1) of this |
| 9 | | subsection (b). |
| 10 | | (c) Any person who without authority acquires, sells, |
| 11 | | exchanges, gives
away, transfers or destroys or offers to |
| 12 | | acquire, sell, exchange, give
away, transfer or destroy the |
| 13 | | certificate of title to any vehicle which is
a junk or salvage |
| 14 | | vehicle shall be guilty of a Class 3 felony.
|
| 15 | | (d) Except as provided under subsection (a), any person |
| 16 | | who knowingly fails to surrender to the Secretary of State a
|
| 17 | | certificate of title, salvage certificate, certificate of |
| 18 | | purchase or a
similarly acceptable out-of-state document of |
| 19 | | ownership as required under
the provisions of this Section is |
| 20 | | guilty of a Class A misdemeanor for a
first offense and a Class |
| 21 | | 4 felony for a subsequent offense; except that a
person |
| 22 | | licensed under this Code who violates paragraph (5) of |
| 23 | | subsection (b)
of this Section is
guilty of a business offense |
| 24 | | and shall be fined not less than $1,000 nor more
than $5,000 |
| 25 | | for a first offense and is guilty of a Class 4 felony
for a |
| 26 | | second or subsequent violation.
|
|
| | HB5501 | - 2029 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (e) Any vehicle which is salvage or junk may not be driven |
| 2 | | or operated
on roads and highways within this State. A |
| 3 | | violation of this subsection is
a Class A misdemeanor. A |
| 4 | | salvage vehicle displaying valid special plates
issued under |
| 5 | | Section 3-601(b) of this Code, which is being driven to or
from |
| 6 | | an inspection conducted under Section 3-308 of this Code, is |
| 7 | | exempt
from the provisions of this subsection. A salvage |
| 8 | | vehicle for which a
short term permit has been issued under |
| 9 | | Section 3-307 of this Code is
exempt from the provisions of |
| 10 | | this subsection for the duration of the permit.
|
| 11 | | (Source: P.A. 101-81, eff. 7-12-19; 102-319, eff. 1-1-22; |
| 12 | | 102-538, eff. 8-20-21; revised 9-22-21.)
|
| 13 | | (625 ILCS 5/3-699.14) |
| 14 | | Sec. 3-699.14. Universal special license plates. |
| 15 | | (a) In addition to any other special license plate, the |
| 16 | | Secretary, upon receipt of all applicable fees and |
| 17 | | applications made in the form prescribed by the Secretary, may |
| 18 | | issue Universal special license plates to residents of |
| 19 | | Illinois on behalf of organizations that have been authorized |
| 20 | | by the General Assembly to issue decals for Universal special |
| 21 | | license plates. Appropriate documentation, as determined by |
| 22 | | the Secretary, shall accompany each application. Authorized |
| 23 | | organizations shall be designated by amendment to this |
| 24 | | Section. When applying for a Universal special license plate |
| 25 | | the applicant shall inform the Secretary of the name of the |
|
| | HB5501 | - 2030 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authorized organization from which the applicant will obtain a |
| 2 | | decal to place on the plate. The Secretary shall make a record |
| 3 | | of that organization and that organization shall remain |
| 4 | | affiliated with that plate until the plate is surrendered, |
| 5 | | revoked, or otherwise cancelled. The authorized organization |
| 6 | | may charge a fee to offset the cost of producing and |
| 7 | | distributing the decal, but that fee shall be retained by the |
| 8 | | authorized organization and shall be separate and distinct |
| 9 | | from any registration fees charged by the Secretary. No decal, |
| 10 | | sticker, or other material may be affixed to a Universal |
| 11 | | special license plate other than a decal authorized by the |
| 12 | | General Assembly in this Section or a registration renewal |
| 13 | | sticker. The special plates issued under this Section shall be |
| 14 | | affixed only to passenger vehicles of the first division, |
| 15 | | including motorcycles and autocycles, or motor vehicles of the |
| 16 | | second division weighing not more than 8,000 pounds. Plates |
| 17 | | issued under this Section shall expire according to the |
| 18 | | multi-year procedure under Section 3-414.1 of this Code. |
| 19 | | (b) The design, color, and format of the Universal special |
| 20 | | license plate shall be wholly within the discretion of the |
| 21 | | Secretary. Universal special license plates are not required |
| 22 | | to designate "Land of Lincoln", as prescribed in subsection |
| 23 | | (b) of Section 3-412 of this Code. The design shall allow for |
| 24 | | the application of a decal to the plate. Organizations |
| 25 | | authorized by the General Assembly to issue decals for |
| 26 | | Universal special license plates shall comply with rules |
|
| | HB5501 | - 2031 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | adopted by the Secretary governing the requirements for and |
| 2 | | approval of Universal special license plate decals. The |
| 3 | | Secretary may, in his or her discretion, allow Universal |
| 4 | | special license plates to be issued as vanity or personalized |
| 5 | | plates in accordance with Section 3-405.1 of this Code. The |
| 6 | | Secretary of State must make a version of the special |
| 7 | | registration plates authorized under this Section in a form |
| 8 | | appropriate for motorcycles and autocycles. |
| 9 | | (c) When authorizing a Universal special license plate, |
| 10 | | the General Assembly shall set forth whether an additional fee |
| 11 | | is to be charged for the plate and, if a fee is to be charged, |
| 12 | | the amount of the fee and how the fee is to be distributed. |
| 13 | | When necessary, the authorizing language shall create a |
| 14 | | special fund in the State treasury into which fees may be |
| 15 | | deposited for an authorized Universal special license plate. |
| 16 | | Additional fees may only be charged if the fee is to be paid |
| 17 | | over to a State agency or to a charitable entity that is in |
| 18 | | compliance with the registration and reporting requirements of |
| 19 | | the Charitable Trust Act and the Solicitation for Charity Act. |
| 20 | | Any charitable entity receiving fees for the sale of Universal |
| 21 | | special license plates shall annually provide the Secretary of |
| 22 | | State a letter of compliance issued by the Attorney General |
| 23 | | verifying that the entity is in compliance with the Charitable |
| 24 | | Trust Act and the Solicitation for Charity Act. |
| 25 | | (d) Upon original issuance and for each registration |
| 26 | | renewal period, in addition to the appropriate registration |
|
| | HB5501 | - 2032 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fee, if applicable, the Secretary shall collect any additional |
| 2 | | fees, if required, for issuance of Universal special license |
| 3 | | plates. The fees shall be collected on behalf of the |
| 4 | | organization designated by the applicant when applying for the |
| 5 | | plate. All fees collected shall be transferred to the State |
| 6 | | agency on whose behalf the fees were collected, or paid into |
| 7 | | the special fund designated in the law authorizing the |
| 8 | | organization to issue decals for Universal special license |
| 9 | | plates. All money in the designated fund shall be distributed |
| 10 | | by the Secretary subject to appropriation by the General |
| 11 | | Assembly.
|
| 12 | | (e) The following organizations may issue decals for |
| 13 | | Universal special license plates with the original and renewal |
| 14 | | fees and fee distribution as follows: |
| 15 | | (1) The Illinois Department of Natural Resources. |
| 16 | | (A) Original issuance: $25; with $10 to the |
| 17 | | Roadside Monarch Habitat Fund and $15 to the Secretary |
| 18 | | of State Special License Plate Fund. |
| 19 | | (B) Renewal: $25; with $23 to the Roadside Monarch |
| 20 | | Habitat Fund and $2 to the Secretary of State Special |
| 21 | | License Plate Fund. |
| 22 | | (2) Illinois Veterans' Homes. |
| 23 | | (A) Original issuance: $26, which shall be |
| 24 | | deposited into the Illinois Veterans' Homes Fund. |
| 25 | | (B) Renewal: $26, which shall be deposited into |
| 26 | | the Illinois Veterans' Homes Fund. |
|
| | HB5501 | - 2033 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) The Illinois Department of Human Services for |
| 2 | | volunteerism decals. |
| 3 | | (A) Original issuance: $25, which shall be |
| 4 | | deposited into the Secretary of State Special License |
| 5 | | Plate Fund. |
| 6 | | (B) Renewal: $25, which shall be deposited into |
| 7 | | the Secretary of State Special License Plate Fund. |
| 8 | | (4) The Illinois Department of Public Health. |
| 9 | | (A) Original issuance: $25; with $10 to the |
| 10 | | Prostate Cancer Awareness Fund and $15 to the |
| 11 | | Secretary of State Special License Plate Fund. |
| 12 | | (B) Renewal: $25; with $23 to the Prostate Cancer |
| 13 | | Awareness Fund and $2 to the Secretary of State |
| 14 | | Special License Plate Fund. |
| 15 | | (5) Horsemen's Council of Illinois. |
| 16 | | (A) Original issuance: $25; with $10 to the |
| 17 | | Horsemen's Council of Illinois Fund and $15 to the |
| 18 | | Secretary of State Special License Plate Fund. |
| 19 | | (B) Renewal: $25; with $23 to the Horsemen's |
| 20 | | Council of Illinois Fund and $2 to the Secretary of |
| 21 | | State Special License Plate Fund. |
| 22 | | (6) K9s for Veterans, NFP. |
| 23 | | (A) Original issuance: $25; with $10 to the |
| 24 | | Post-Traumatic Stress Disorder Awareness Fund and $15 |
| 25 | | to the Secretary of State Special License Plate Fund. |
| 26 | | (B) Renewal: $25; with $23 to the Post-Traumatic |
|
| | HB5501 | - 2035 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Trot - Illinois CancerCare Foundation Fund and $2 to |
| 2 | | the Secretary of State Special License Plate Fund. |
| 3 | | (10) The Illinois Department of Human Services for |
| 4 | | developmental disabilities awareness decals. |
| 5 | | (A) Original issuance: $25; with $10 to the
|
| 6 | | Developmental Disabilities Awareness Fund and $15 to |
| 7 | | the Secretary of State Special License Plate Fund. |
| 8 | | (B) Renewal: $25; with $23 to the Developmental |
| 9 | | Disabilities
Awareness Fund and $2 to the Secretary of |
| 10 | | State Special License Plate Fund. |
| 11 | | (11) The Illinois Department of Human Services for |
| 12 | | pediatric cancer awareness decals. |
| 13 | | (A) Original issuance: $25; with $10 to the
|
| 14 | | Pediatric Cancer Awareness Fund and $15 to the |
| 15 | | Secretary of State Special License Plate Fund. |
| 16 | | (B) Renewal: $25; with $23 to the Pediatric Cancer
|
| 17 | | Awareness Fund and $2 to the Secretary of State |
| 18 | | Special License Plate Fund. |
| 19 | | (12) The Department of Veterans' Affairs for Fold of |
| 20 | | Honor decals. |
| 21 | | (A) Original issuance: $25; with $10 to the Folds |
| 22 | | of Honor Foundation Fund and $15 to the Secretary of |
| 23 | | State Special License Plate Fund. |
| 24 | | (B) Renewal: $25; with $23 to the Folds of Honor |
| 25 | | Foundation Fund and $2 to the Secretary of State |
| 26 | | Special License Plate Fund. |
|
| | HB5501 | - 2036 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (13) (12) The Illinois chapters of the Experimental |
| 2 | | Aircraft Association for aviation enthusiast decals. |
| 3 | | (A) Original issuance: $25; with $10 to the |
| 4 | | Experimental Aircraft Association Fund and $15 to the |
| 5 | | Secretary of State Special License Plate Fund. |
| 6 | | (B) Renewal: $25; with $23 to the Experimental |
| 7 | | Aircraft Association Fund and $2 to the Secretary of |
| 8 | | State Special License Plate Fund. |
| 9 | | (14) (12) The Illinois Department of Human Services |
| 10 | | for Child Abuse Council of the Quad Cities decals. |
| 11 | | (A) Original issuance: $25; with $10 to the Child |
| 12 | | Abuse Council of the Quad Cities Fund and $15 to the |
| 13 | | Secretary of State Special License Plate Fund. |
| 14 | | (B) Renewal: $25; with $23 to the Child Abuse |
| 15 | | Council of the Quad Cities Fund and $2 to the Secretary |
| 16 | | of State Special License Plate Fund. |
| 17 | | (15) (12) The Illinois Department of Public Health for |
| 18 | | health care worker decals. |
| 19 | | (A) Original issuance: $25; with $10 to the |
| 20 | | Illinois Health Care Workers Benefit Fund, and $15 to |
| 21 | | the Secretary of State Special License Plate Fund. |
| 22 | | (B) Renewal: $25; with $23 to the Illinois Health |
| 23 | | Care Workers Benefit Fund and $2 to the Secretary of |
| 24 | | State Special License Plate Fund. |
| 25 | | (f) The following funds are created as special funds in |
| 26 | | the State treasury: |
|
| | HB5501 | - 2037 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) The Roadside Monarch Habitat Fund. All money in |
| 2 | | the Roadside Monarch Habitat Fund shall be paid as grants |
| 3 | | to the Illinois Department of Natural Resources to fund |
| 4 | | roadside monarch and other pollinator habitat development, |
| 5 | | enhancement, and restoration projects in this State. |
| 6 | | (2) The Prostate Cancer Awareness Fund. All money in |
| 7 | | the Prostate Cancer Awareness Fund shall be paid as grants |
| 8 | | to the Prostate Cancer Foundation of Chicago. |
| 9 | | (3) The Horsemen's Council of Illinois Fund. All money |
| 10 | | in the Horsemen's Council of Illinois Fund shall be paid |
| 11 | | as grants to the Horsemen's Council of Illinois. |
| 12 | | (4) The Post-Traumatic Stress Disorder Awareness Fund. |
| 13 | | All money in the Post-Traumatic Stress Disorder Awareness |
| 14 | | Fund shall be paid as grants to K9s for Veterans, NFP for |
| 15 | | support, education, and awareness of veterans with |
| 16 | | post-traumatic stress disorder. |
| 17 | | (5) The Guide Dogs of America Fund. All money in the |
| 18 | | Guide Dogs of America Fund shall be paid as grants to the |
| 19 | | International Guiding Eyes, Inc., doing business as Guide |
| 20 | | Dogs of America. |
| 21 | | (6) The Mechanics Training Fund. All money in the |
| 22 | | Mechanics Training Fund shall be paid as grants to the |
| 23 | | Mechanics Local 701 Training Fund. |
| 24 | | (7) The Theresa Tracy Trot - Illinois CancerCare |
| 25 | | Foundation Fund. All money in the Theresa Tracy Trot - |
| 26 | | Illinois CancerCare Foundation Fund shall be paid to the |
|
| | HB5501 | - 2038 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois CancerCare Foundation for the purpose of |
| 2 | | furthering pancreatic cancer research. |
| 3 | | (8) The Developmental Disabilities Awareness Fund. All |
| 4 | | money in the Developmental Disabilities Awareness Fund |
| 5 | | shall
be paid as grants to the Illinois Department of |
| 6 | | Human Services to fund legal aid groups to assist with |
| 7 | | guardianship fees for private citizens willing to become |
| 8 | | guardians for individuals with developmental disabilities |
| 9 | | but who are unable to pay the legal fees associated with |
| 10 | | becoming a guardian. |
| 11 | | (9) The Pediatric Cancer Awareness Fund. All money in |
| 12 | | the Pediatric Cancer Awareness Fund shall
be paid as |
| 13 | | grants to the Cancer Center at Illinois for pediatric |
| 14 | | cancer treatment and research. |
| 15 | | (10) The Folds of Honor Foundation Fund. All money in |
| 16 | | the Folds of Honor Foundation Fund shall be paid as grants |
| 17 | | to the Folds of Honor Foundation to aid in providing |
| 18 | | educational scholarships to military families. |
| 19 | | (11) (10) The Experimental Aircraft Association Fund. |
| 20 | | All money in the Experimental Aircraft Association Fund |
| 21 | | shall be paid, subject to appropriation by the General |
| 22 | | Assembly and distribution by the Secretary, as grants to |
| 23 | | promote recreational aviation. |
| 24 | | (12) (10) The Child Abuse Council of the Quad Cities |
| 25 | | Fund. All money in the Child Abuse Council of the Quad |
| 26 | | Cities Fund shall be paid as grants to benefit the Child |
|
| | HB5501 | - 2039 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Abuse Council of the Quad Cities. |
| 2 | | (13) (10) The Illinois Health Care Workers Benefit |
| 3 | | Fund. All money in the Illinois Health Care Workers |
| 4 | | Benefit Fund shall be paid as grants to the Trinity Health |
| 5 | | Foundation for the benefit of health care workers, |
| 6 | | doctors, nurses, and others who work in the health care |
| 7 | | industry in this State. |
| 8 | | (Source: P.A. 101-248, eff. 1-1-20; 101-256, eff. 1-1-20; |
| 9 | | 101-276, eff. 8-9-19; 101-282, eff. 1-1-20; 101-372, eff. |
| 10 | | 1-1-20; 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; 102-423, |
| 11 | | eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. 8-20-21; |
| 12 | | revised 9-22-21.)
|
| 13 | | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
|
| 14 | | Sec. 5-102. Used vehicle dealers must be licensed.
|
| 15 | | (a) No person, other than a licensed new vehicle dealer, |
| 16 | | shall engage in
the business of selling or dealing in, on |
| 17 | | consignment or otherwise, 5 or
more used vehicles of any make |
| 18 | | during the year (except house trailers as
authorized by |
| 19 | | paragraph (j) of this Section and rebuilt salvage vehicles
|
| 20 | | sold by their rebuilders to persons licensed under this |
| 21 | | Chapter), or act as
an intermediary, agent or broker for any |
| 22 | | licensed dealer or vehicle
purchaser (other than as a |
| 23 | | salesperson) or represent or advertise that he
is so engaged |
| 24 | | or intends to so engage in such business unless licensed to
do |
| 25 | | so by the Secretary of State under the provisions of this |
|
| | HB5501 | - 2040 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section.
|
| 2 | | (b) An application for a used vehicle dealer's license |
| 3 | | shall be
filed with the Secretary of State, duly verified by |
| 4 | | oath, in such form
as the Secretary of State may by rule or |
| 5 | | regulation prescribe and shall
contain:
|
| 6 | | 1. The name and type of business organization |
| 7 | | established and additional
places of business, if any, in |
| 8 | | this State.
|
| 9 | | 2. If the applicant is a corporation, a list of its |
| 10 | | officers,
directors, and shareholders having a ten percent |
| 11 | | or greater ownership
interest in the corporation, setting |
| 12 | | forth the residence address of
each; if the applicant is a |
| 13 | | sole proprietorship, a partnership, an
unincorporated |
| 14 | | association, a trust, or any similar form of business
|
| 15 | | organization, the names and residence address of the |
| 16 | | proprietor or of
each partner, member, officer, director, |
| 17 | | trustee, or manager.
|
| 18 | | 3. A statement that the applicant has been approved |
| 19 | | for registration
under the Retailers' Occupation Tax Act |
| 20 | | by the Department of Revenue. However,
this requirement |
| 21 | | does not apply to a dealer who is already licensed
|
| 22 | | hereunder with the Secretary of State, and who is merely |
| 23 | | applying for a
renewal of his license. As evidence of this |
| 24 | | fact, the application shall be
accompanied by a |
| 25 | | certification from the Department of Revenue showing that
|
| 26 | | the Department has approved the applicant for registration |
|
| | HB5501 | - 2041 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | under the
Retailers' Occupation Tax Act.
|
| 2 | | 4. A statement that the applicant has complied with |
| 3 | | the appropriate
liability insurance requirement. A |
| 4 | | Certificate of Insurance in a solvent
company authorized |
| 5 | | to do business in the State of Illinois shall be included
|
| 6 | | with each application covering each location at which he |
| 7 | | proposes to act
as a used vehicle dealer. The policy must |
| 8 | | provide liability coverage in
the minimum amounts of |
| 9 | | $100,000 for bodily injury to, or death of, any person,
|
| 10 | | $300,000 for bodily injury to, or death of, two or more |
| 11 | | persons in any one
accident, and $50,000 for damage to |
| 12 | | property. Such policy shall expire
not sooner than |
| 13 | | December 31 of the year for which the license was issued
or |
| 14 | | renewed. The expiration of the insurance policy shall not |
| 15 | | terminate
the liability under the policy arising during |
| 16 | | the period for which the policy
was filed. Trailer and |
| 17 | | mobile home dealers are exempt from this requirement.
|
| 18 | | If the permitted user has a liability insurance policy |
| 19 | | that provides
automobile
liability insurance coverage of |
| 20 | | at least $100,000 for bodily injury to or the
death of any
|
| 21 | | person, $300,000 for bodily injury to or the death of any 2 |
| 22 | | or more persons in
any one
accident, and $50,000 for |
| 23 | | damage to property,
then the permitted user's insurer |
| 24 | | shall be the primary
insurer and the
dealer's insurer |
| 25 | | shall be the secondary insurer. If the permitted user does |
| 26 | | not
have a liability
insurance policy that provides |
|
| | HB5501 | - 2042 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | automobile liability insurance coverage of at
least
|
| 2 | | $100,000 for bodily injury to or the death of any person, |
| 3 | | $300,000 for bodily
injury to or
the death of any 2 or more |
| 4 | | persons in any one accident, and $50,000 for damage
to
|
| 5 | | property, or does not have any insurance at all,
then the
|
| 6 | | dealer's
insurer shall be the primary insurer and the |
| 7 | | permitted user's insurer shall be
the secondary
insurer.
|
| 8 | | When a permitted user is "test driving" a used vehicle |
| 9 | | dealer's automobile,
the used vehicle dealer's insurance |
| 10 | | shall be primary and the permitted user's
insurance shall |
| 11 | | be secondary.
|
| 12 | | As used in this paragraph 4, a "permitted user" is a |
| 13 | | person who, with the
permission of the used vehicle dealer |
| 14 | | or an employee of the used vehicle
dealer, drives a |
| 15 | | vehicle owned and held for sale or lease by the used |
| 16 | | vehicle
dealer which the person is considering to purchase |
| 17 | | or lease, in order to
evaluate the performance, |
| 18 | | reliability, or condition of the vehicle.
The term |
| 19 | | "permitted user" also includes a person who, with the |
| 20 | | permission of
the used
vehicle dealer, drives a vehicle |
| 21 | | owned or held for sale or lease by the used
vehicle dealer
|
| 22 | | for loaner purposes while the user's vehicle is being |
| 23 | | repaired or evaluated.
|
| 24 | | As used in this paragraph 4, "test driving" occurs |
| 25 | | when a permitted user
who,
with the permission of the used |
| 26 | | vehicle dealer or an employee of the used
vehicle
dealer, |
|
| | HB5501 | - 2043 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | drives a vehicle owned and held for sale or lease by a used |
| 2 | | vehicle
dealer that the person is considering to purchase |
| 3 | | or lease, in order to
evaluate the performance, |
| 4 | | reliability, or condition of the
vehicle.
|
| 5 | | As used in this paragraph 4, "loaner purposes" means |
| 6 | | when a person who,
with the permission of the used vehicle |
| 7 | | dealer, drives a vehicle owned or held
for sale or lease by |
| 8 | | the used vehicle dealer while the
user's vehicle is being |
| 9 | | repaired or evaluated.
|
| 10 | | 5. An application for a used vehicle dealer's license |
| 11 | | shall be
accompanied by the following license fees:
|
| 12 | | (A) $1,000 for applicant's established place of |
| 13 | | business, and
$50 for
each additional place of |
| 14 | | business, if any, to which the application
pertains; |
| 15 | | however, if the application is made after June 15 of |
| 16 | | any
year, the license fee shall be $500 for |
| 17 | | applicant's established
place of
business plus $25 for |
| 18 | | each additional place of business, if any,
to
which |
| 19 | | the application pertains. License fees shall be |
| 20 | | returnable only in
the event that the application is |
| 21 | | denied by
the Secretary of State. Of the money |
| 22 | | received by the Secretary of State as
license fees |
| 23 | | under this subparagraph (A) for the 2004 licensing |
| 24 | | year and thereafter, 95%
shall be deposited into the |
| 25 | | General Revenue Fund.
|
| 26 | | (B) Except for dealers selling 25 or fewer |
|
| | HB5501 | - 2044 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | automobiles or as provided in subsection (h) of |
| 2 | | Section 5-102.7 of this Code, an Annual Dealer |
| 3 | | Recovery Fund Fee in the amount of $500 for the |
| 4 | | applicant's established place of business, and $50 for |
| 5 | | each additional place of business, if any, to which |
| 6 | | the application pertains; but if the application is |
| 7 | | made after June 15 of any year, the fee shall be $250 |
| 8 | | for the applicant's established place of business plus |
| 9 | | $25 for each additional place of business, if any, to |
| 10 | | which the application pertains. For a license renewal |
| 11 | | application, the fee shall be based on the amount of |
| 12 | | automobiles sold in the past year according to the |
| 13 | | following formula: |
| 14 | | (1) $0 for dealers selling 25 or less |
| 15 | | automobiles; |
| 16 | | (2) $150 for dealers selling more than 25 but |
| 17 | | less than 200 automobiles; |
| 18 | | (3) $300 for dealers selling 200 or more |
| 19 | | automobiles but less than 300 automobiles; and |
| 20 | | (4) $500 for dealers selling 300 or more |
| 21 | | automobiles. |
| 22 | | License fees shall be returnable only in the event |
| 23 | | that the application is denied by the Secretary of |
| 24 | | State. Moneys received under this subparagraph (B) |
| 25 | | shall be deposited into the Dealer Recovery Trust |
| 26 | | Fund. |
|
| | HB5501 | - 2045 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 6. A statement that the applicant's officers, |
| 2 | | directors, shareholders
having a 10% or greater ownership |
| 3 | | interest therein, proprietor, partner,
member, officer, |
| 4 | | director, trustee, manager, or other principals in the
|
| 5 | | business have not committed in the past 3 years any one |
| 6 | | violation as
determined in any civil, criminal, or |
| 7 | | administrative proceedings of any one
of the following |
| 8 | | Acts:
|
| 9 | | (A) The Anti-Theft Laws of the Illinois Vehicle |
| 10 | | Code;
|
| 11 | | (B) The Certificate of Title Laws of the Illinois |
| 12 | | Vehicle Code;
|
| 13 | | (C) The Offenses against Registration and |
| 14 | | Certificates of Title
Laws of the Illinois Vehicle |
| 15 | | Code;
|
| 16 | | (D) The Dealers, Transporters, Wreckers and |
| 17 | | Rebuilders Laws of the
Illinois Vehicle Code;
|
| 18 | | (E) Section 21-2 of the Illinois Criminal Code of |
| 19 | | 1961 or the Criminal Code of 2012, Criminal
Trespass |
| 20 | | to Vehicles; or
|
| 21 | | (F) The Retailers' Occupation Tax Act.
|
| 22 | | 7. A statement that the applicant's officers, |
| 23 | | directors,
shareholders having a 10% or greater ownership |
| 24 | | interest therein,
proprietor, partner, member, officer, |
| 25 | | director, trustee, manager, or
other principals in the |
| 26 | | business have not committed in any calendar year
3 or more |
|
| | HB5501 | - 2046 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | violations, as determined in any civil, or criminal, or
|
| 2 | | administrative proceedings, of any one or more of the |
| 3 | | following Acts:
|
| 4 | | (A) The Consumer Finance Act;
|
| 5 | | (B) The Consumer Installment Loan Act;
|
| 6 | | (C) The Retail Installment Sales Act;
|
| 7 | | (D) The Motor Vehicle Retail Installment Sales |
| 8 | | Act;
|
| 9 | | (E) The Interest Act;
|
| 10 | | (F) The Illinois Wage Assignment Act;
|
| 11 | | (G) Part 8 of Article XII of the Code of Civil |
| 12 | | Procedure; or
|
| 13 | | (H) The Consumer Fraud and Deceptive Business |
| 14 | | Practices Act.
|
| 15 | | 7.5. A statement that, within 10 years of application,
|
| 16 | | each officer, director, shareholder having a
10% or |
| 17 | | greater ownership interest therein, proprietor,
partner, |
| 18 | | member, officer, director, trustee, manager, or
other |
| 19 | | principal in the business of the applicant has not |
| 20 | | committed, as determined
in any civil, criminal, or |
| 21 | | administrative proceeding, in
any calendar year one or |
| 22 | | more
forcible felonies under the Criminal Code of 1961 or |
| 23 | | the
Criminal Code of 2012, or a violation of either or both |
| 24 | | Article 16 or 17 of the Criminal Code of 1961 or a |
| 25 | | violation of either or both Article 16 or 17 of the |
| 26 | | Criminal Code of 2012, Article 29B of the Criminal Code of |
|
| | HB5501 | - 2047 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 1961 or the Criminal Code of 2012, or a similar |
| 2 | | out-of-state offense.
For the purposes of this paragraph, |
| 3 | | "forcible felony" has
the meaning provided in Section 2-8 |
| 4 | | of the Criminal Code
of 2012. |
| 5 | | 8. A bond or Certificate of Deposit in the amount of |
| 6 | | $50,000 for
each location at which the applicant intends |
| 7 | | to act as a used vehicle
dealer. The bond shall be for the |
| 8 | | term of the license, or its renewal, for
which application |
| 9 | | is made, and shall expire not sooner than December 31 of
|
| 10 | | the year for which the license was issued or renewed. The |
| 11 | | bond shall run
to the People of the State of Illinois, with |
| 12 | | surety by a bonding or
insurance company authorized to do |
| 13 | | business in this State. It shall be
conditioned upon the |
| 14 | | proper transmittal of all title and registration fees
and |
| 15 | | taxes (excluding taxes under the Retailers' Occupation Tax |
| 16 | | Act) accepted
by the applicant as a used vehicle dealer.
|
| 17 | | 9. Such other information concerning the business of |
| 18 | | the applicant as
the Secretary of State may by rule or |
| 19 | | regulation prescribe.
|
| 20 | | 10. A statement that the applicant understands Chapter |
| 21 | | 1 through
Chapter 5 of this Code.
|
| 22 | | 11. A copy of the certification from the prelicensing |
| 23 | | education
program. |
| 24 | | 12. The full name, address, and contact information of |
| 25 | | each of the dealer's agents or legal representatives who |
| 26 | | is an Illinois resident and liable for the performance of |
|
| | HB5501 | - 2048 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the dealership. |
| 2 | | (c) Any change which renders no longer accurate any |
| 3 | | information
contained in any application for a used vehicle |
| 4 | | dealer's license shall
be amended within 30 days after the |
| 5 | | occurrence of each change on such
form as the Secretary of |
| 6 | | State may prescribe by rule or regulation,
accompanied by an |
| 7 | | amendatory fee of $2.
|
| 8 | | (d) Anything in this Chapter to the contrary |
| 9 | | notwithstanding, no
person shall be licensed as a used vehicle |
| 10 | | dealer unless such person
maintains an established place of |
| 11 | | business as
defined in this Chapter.
|
| 12 | | (e) The Secretary of State shall, within a reasonable time |
| 13 | | after
receipt, examine an application submitted to him under |
| 14 | | this Section.
Unless the Secretary makes a determination that |
| 15 | | the application
submitted to him does not conform to this |
| 16 | | Section or that grounds exist
for a denial of the application |
| 17 | | under Section 5-501 of this Chapter, he
must grant the |
| 18 | | applicant an original used vehicle dealer's license in
writing |
| 19 | | for his established place of business and a supplemental |
| 20 | | license
in writing for each additional place of business in |
| 21 | | such form as he may
prescribe by rule or regulation which shall |
| 22 | | include the following:
|
| 23 | | 1. The name of the person licensed;
|
| 24 | | 2. If a corporation, the name and address of its |
| 25 | | officers or if a
sole proprietorship, a partnership, an |
| 26 | | unincorporated association or any
similar form of business |
|
| | HB5501 | - 2049 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | organization, the name and address of the
proprietor or of |
| 2 | | each partner, member, officer, director, trustee, or
|
| 3 | | manager;
|
| 4 | | 3. In case of an original license, the established |
| 5 | | place of business
of the licensee;
|
| 6 | | 4. In the case of a supplemental license, the |
| 7 | | established place of
business of the licensee and the |
| 8 | | additional place of business to which such
supplemental |
| 9 | | license pertains;
|
| 10 | | 5. The full name, address, and contact information of |
| 11 | | each of the dealer's agents or legal representatives who |
| 12 | | is an Illinois resident and liable for the performance of |
| 13 | | the dealership. |
| 14 | | (f) The appropriate instrument evidencing the license or a |
| 15 | | certified
copy thereof, provided by the Secretary of State |
| 16 | | shall be kept posted,
conspicuously, in the established place |
| 17 | | of business of the licensee and
in each additional place of |
| 18 | | business, if any, maintained by such
licensee.
|
| 19 | | (g) Except as provided in subsection (h) of this Section, |
| 20 | | all used
vehicle dealer's licenses granted under this Section |
| 21 | | expire by operation
of law on December 31 of the calendar year |
| 22 | | for which they are granted
unless sooner revoked or cancelled |
| 23 | | under Section 5-501 of this Chapter.
|
| 24 | | (h) A used vehicle dealer's license may be renewed upon |
| 25 | | application
and payment of the fee required herein, and |
| 26 | | submission of proof of
coverage by an approved bond under the |
|
| | HB5501 | - 2051 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | as a used vehicle dealer under this Section; however such
|
| 2 | | broker shall maintain a record of the transaction including |
| 3 | | the following:
|
| 4 | | (1) the name and address of the buyer and seller,
|
| 5 | | (2) the date of sale,
|
| 6 | | (3) a description of the mobile home, including the |
| 7 | | vehicle identification
number, make, model, and year, and
|
| 8 | | (4) the Illinois certificate of title number.
|
| 9 | | The foregoing records shall be available for inspection by |
| 10 | | any officer
of the Secretary of State's Office at any |
| 11 | | reasonable hour.
|
| 12 | | (k) Except at the time of sale or repossession of the |
| 13 | | vehicle, no
person licensed as a used vehicle dealer may issue |
| 14 | | any other person a newly
created key to a vehicle unless the |
| 15 | | used vehicle dealer makes a color photocopy or electronic scan |
| 16 | | of the
driver's license or State identification card of the |
| 17 | | person requesting or
obtaining the newly created key. The used |
| 18 | | vehicle dealer must retain the photocopy or scan
for 30 days.
|
| 19 | | A used vehicle dealer who violates this subsection (k) is |
| 20 | | guilty of a
petty offense. Violation of this subsection (k) is |
| 21 | | not cause to suspend,
revoke, cancel, or deny renewal of the |
| 22 | | used vehicle dealer's license. |
| 23 | | (l) Used vehicle dealers licensed under this Section shall |
| 24 | | provide the Secretary of State a register for the sale at |
| 25 | | auction of each salvage or junk certificate vehicle. Each |
| 26 | | register shall include the following information: |
|
| | HB5501 | - 2052 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 1. The year, make, model, style, and color of the |
| 2 | | vehicle; |
| 3 | | 2. The vehicle's manufacturer's identification number |
| 4 | | or, if applicable, the Secretary of State or Illinois |
| 5 | | State Police identification number; |
| 6 | | 3. The date of acquisition of the vehicle; |
| 7 | | 4. The name and address of the person from whom the |
| 8 | | vehicle was acquired; |
| 9 | | 5. The name and address of the person to whom any |
| 10 | | vehicle was disposed, the person's Illinois license number |
| 11 | | or if the person is an out-of-state salvage vehicle buyer, |
| 12 | | the license number from the state or jurisdiction where |
| 13 | | the buyer is licensed; and |
| 14 | | 6. The purchase price of the vehicle. |
| 15 | | The register shall be submitted to the Secretary of State |
| 16 | | via written or electronic means within 10 calendar days from |
| 17 | | the date of the auction.
|
| 18 | | (m) If a licensee under this Section voluntarily |
| 19 | | surrenders a license to the Illinois Secretary of State Police |
| 20 | | or a representative of the Secretary of State Vehicle Services |
| 21 | | Department due to the licensee's inability to adhere to |
| 22 | | recordkeeping provisions, or the inability to properly issue |
| 23 | | certificates of title or registrations under this Code, or the |
| 24 | | Secretary revokes a license under this Section, then the |
| 25 | | licensee and the licensee's agent, designee, or legal |
| 26 | | representative, if applicable, may not be named on a new |
|
| | HB5501 | - 2053 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | application for a licensee under this Section or under this |
| 2 | | Chapter, nor is the licensee or the licensee's agent, |
| 3 | | designee, or legal representative permitted to work for |
| 4 | | another licensee under this Chapter in a recordkeeping, |
| 5 | | management, or financial position or as an employee who |
| 6 | | handles certificate of title and registration documents and |
| 7 | | applications. |
| 8 | | (Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; |
| 9 | | 102-538, eff. 8-20-21; revised 10-15-21.)
|
| 10 | | (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
|
| 11 | | Sec. 5-402.1. Use of Secretary of State Uniform Invoice |
| 12 | | for Essential
Parts. |
| 13 | | (a) Except for scrap processors, every person licensed or |
| 14 | | required
to be licensed under Section 5-101, 5-101.1, 5-102, |
| 15 | | 5-102.8, or 5-301 of this Code
shall
issue, in a form the |
| 16 | | Secretary of State may by rule or regulation
prescribe, a |
| 17 | | Uniform Invoice, which may also act as a bill of sale, with |
| 18 | | respect to each transaction in which he disposes of
an |
| 19 | | essential part other than quarter panels and transmissions of |
| 20 | | vehicles
of the first division. Such Invoice shall be made out |
| 21 | | at the time of the
disposition of the essential part. If the |
| 22 | | licensee disposes of several
essential parts in the same |
| 23 | | transaction, the licensee may issue one Uniform
Invoice |
| 24 | | covering all essential parts disposed of in that transaction.
|
| 25 | | (b) The following information shall be contained on the |
|
| | HB5501 | - 2054 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Uniform Invoice:
|
| 2 | | (1) the business name, address, and dealer license |
| 3 | | number of the person
disposing of the essential part;
|
| 4 | | (2) the name and address of the person acquiring the |
| 5 | | essential part,
and if that person is a dealer, the |
| 6 | | Illinois or out-of-state dealer license
number of that |
| 7 | | dealer;
|
| 8 | | (3) the date of the disposition of the essential part;
|
| 9 | | (4) the year, make, model, color, and description of |
| 10 | | each essential part
disposed of by the person;
|
| 11 | | (5) the manufacturer's vehicle identification number, |
| 12 | | Secretary of State
identification
number, or Illinois |
| 13 | | State Police identification number,
for each essential
|
| 14 | | part disposed of by the person;
|
| 15 | | (6) the printed name and legible signature of the |
| 16 | | person or agent disposing of the
essential part; and
|
| 17 | | (7) if the person is a dealer the printed name and |
| 18 | | legible
signature of the dealer or his agent or employee |
| 19 | | accepting
delivery of
the essential part.
|
| 20 | | (c) Except for scrap processors, and except as set forth |
| 21 | | in subsection
(d) of this Section, whenever a person licensed |
| 22 | | or
required to be licensed by Section
5-101, 5-101.1, 5-102, |
| 23 | | or 5-301 accepts delivery of an essential
part, other than |
| 24 | | quarter panels and transmissions of vehicles of the
first |
| 25 | | division, that person shall, at the time of the acceptance or
|
| 26 | | delivery, comply
with the following procedures:
|
|
| | HB5501 | - 2055 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) Before acquiring or accepting delivery of any
|
| 2 | | essential part, the licensee or
his authorized agent or |
| 3 | | employee shall inspect the part to determine
whether the |
| 4 | | vehicle identification number, Secretary of State
|
| 5 | | identification number, Illinois State Police
|
| 6 | | identification number, or identification plate or sticker |
| 7 | | attached to or
stamped on any part being acquired or |
| 8 | | delivered has been removed,
falsified, altered, defaced, |
| 9 | | destroyed, or tampered with. If the licensee
or his agent |
| 10 | | or employee determines that the vehicle identification |
| 11 | | number,
Secretary of State identification number, Illinois |
| 12 | | State
Police identification number, identification plate |
| 13 | | or identification
sticker containing an identification |
| 14 | | number, or Federal Certificate label
of an essential part |
| 15 | | has been removed, falsified, altered, defaced,
destroyed, |
| 16 | | or tampered with, the licensee or agent shall not accept |
| 17 | | or receive
that part.
|
| 18 | | If that part was physically acquired by or delivered |
| 19 | | to a licensee or
his agent or employee while that |
| 20 | | licensee, agent, or employee was outside
this State, that |
| 21 | | licensee or agent or employee shall not bring that
|
| 22 | | essential part into this State or cause it to be brought |
| 23 | | into this State.
|
| 24 | | (2) If the person disposing of or delivering the |
| 25 | | essential part to
the licensee is a licensed in-state or |
| 26 | | out-of-state dealer, the licensee or
his agent or |
|
| | HB5501 | - 2056 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | employee, after inspecting the essential part as required |
| 2 | | by
paragraph (1) of this subsection (c), shall examine the |
| 3 | | Uniform Invoice, or
bill of sale, as the case may be, to |
| 4 | | ensure that it contains all the
information required to be |
| 5 | | provided by persons disposing
of essential parts as set |
| 6 | | forth in subsection (b) of this Section. If the
Uniform |
| 7 | | Invoice or bill of sale does not contain all the |
| 8 | | information
required to be listed by subsection (b) of |
| 9 | | this Section, the dealer
disposing of or delivering such |
| 10 | | part or his agent or employee shall record
such additional |
| 11 | | information or other needed modifications on the Uniform
|
| 12 | | Invoice or bill of sale or, if needed, an attachment |
| 13 | | thereto. The dealer
or his agent or employee delivering |
| 14 | | the essential part shall initial all
additions or |
| 15 | | modifications to the Uniform Invoice or bill of sale and
|
| 16 | | legibly print his name at the bottom of each document |
| 17 | | containing his
initials. If the transaction involves a |
| 18 | | bill of sale rather
than a Uniform Invoice, the licensee |
| 19 | | or his agent or employee accepting
delivery of or |
| 20 | | acquiring the essential part shall affix his printed name
|
| 21 | | and legible signature on the space on the bill of sale |
| 22 | | provided for his
signature or, if no space is provided, on |
| 23 | | the back of the bill of sale.
If the dealer or his agent or
|
| 24 | | employee disposing of or delivering the essential part |
| 25 | | cannot or does
not provide all the information required by
|
| 26 | | subsection (b) of this Section, the licensee or his agent |
|
| | HB5501 | - 2057 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or employee shall
not accept or receive any essential part |
| 2 | | for which that required
information is not provided. If |
| 3 | | such essential part for which the
information required is |
| 4 | | not fully provided was physically acquired while
the |
| 5 | | licensee or his agent or employee was outside this State, |
| 6 | | the licensee
or his agent or employee shall not bring that |
| 7 | | essential part into this
State or cause it to be brought |
| 8 | | into this State.
|
| 9 | | (3) If the person disposing of the essential part is |
| 10 | | not a licensed
dealer, the licensee or his agent or |
| 11 | | employee shall, after inspecting the
essential part as |
| 12 | | required by paragraph (1) of subsection (c) of this
|
| 13 | | Section verify the identity of the person disposing of
the |
| 14 | | essential part
by examining 2 sources of identification, |
| 15 | | one of which shall be either a
driver's license or state |
| 16 | | identification card. The licensee or his agent
or employee |
| 17 | | shall then prepare a Uniform Invoice listing all the
|
| 18 | | information required to be provided by subsection (b) of |
| 19 | | this Section. In
the space on the Uniform Invoice provided |
| 20 | | for the dealer license number of
the person disposing of |
| 21 | | the part, the licensee or his agent or employee
shall list |
| 22 | | the numbers taken from the documents of identification |
| 23 | | provided
by the person disposing of the part. The person
|
| 24 | | disposing of the part
shall affix his printed name and |
| 25 | | legible signature on the space on the
Uniform Invoice |
| 26 | | provided for the person disposing of the
essential part |
|
| | HB5501 | - 2058 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and
the licensee or his agent or employee acquiring the |
| 2 | | part shall affix his
printed name and legible signature on |
| 3 | | the space provided on the Uniform
Invoice for the person |
| 4 | | acquiring the essential part. If the person
disposing of |
| 5 | | the essential part cannot or does not provide all the
|
| 6 | | information required to be provided by this paragraph, or |
| 7 | | does not present
2 satisfactory forms of identification, |
| 8 | | the licensee or his agent or
employee shall not acquire |
| 9 | | that essential part.
|
| 10 | | (d) If an essential part other than quarter panels and
|
| 11 | | transmissions of vehicles of the first division was delivered |
| 12 | | by a licensed commercial
delivery service delivering such part |
| 13 | | on behalf of a licensed dealer, the
person required to comply |
| 14 | | with subsection (c) of this Section may conduct
the inspection |
| 15 | | of that part required by paragraph (1) of subsection (c) and |
| 16 | | examination
of the Uniform Invoice or bill of sale required by |
| 17 | | paragraph (2) of subsection (c) of
this Section immediately |
| 18 | | after the acceptance of the part.
|
| 19 | | (1) If the inspection of the essential part pursuant |
| 20 | | to paragraph (1) of subsection
(c) reveals that the |
| 21 | | vehicle identification number, Secretary of State
|
| 22 | | identification number, Illinois State Police |
| 23 | | identification
number, identification plate or sticker |
| 24 | | containing an identification
number, or Federal |
| 25 | | Certificate label of an essential part has been removed,
|
| 26 | | falsified, altered, defaced, destroyed, or tampered with, |
|
| | HB5501 | - 2059 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the licensee or
his agent shall immediately record such |
| 2 | | fact on the Uniform Invoice or bill
of sale, assign the |
| 3 | | part an inventory or stock number, place such inventory
or |
| 4 | | stock number on both the essential part and the Uniform |
| 5 | | Invoice or bill
of sale, and record the date of the |
| 6 | | inspection of the part on the Uniform
Invoice or bill of |
| 7 | | sale.
The licensee shall, within 7 days of such |
| 8 | | inspection, return such part to
the dealer from whom it |
| 9 | | was acquired.
|
| 10 | | (2) If the examination of the Uniform Invoice or bill |
| 11 | | of sale pursuant
to paragraph (2) of subsection (c) |
| 12 | | reveals that any of the information required to be
listed |
| 13 | | by subsection (b) of this Section is missing, the licensee |
| 14 | | or person
required to be licensed shall immediately assign |
| 15 | | a stock or inventory
number to such part, place such stock |
| 16 | | or inventory number on both the
essential part and the |
| 17 | | Uniform Invoice or bill of sale, and record the date
of |
| 18 | | examination on the Uniform Invoice or bill of sale. The |
| 19 | | licensee or
person required to be licensed shall acquire |
| 20 | | the information missing from
the Uniform Invoice or bill |
| 21 | | of sale within 7 days of the examination of
such Uniform |
| 22 | | Invoice or bill of sale. Such information may be received |
| 23 | | by
telephone conversation with the dealer from whom the |
| 24 | | part was acquired. If
the dealer provides the missing |
| 25 | | information the licensee shall record such
information on |
| 26 | | the Uniform Invoice or bill of sale along with the name of
|
|
| | HB5501 | - 2060 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the person providing the information. If the dealer does |
| 2 | | not provide the
required information within the |
| 3 | | aforementioned 7-day 7 day period, the licensee
shall |
| 4 | | return the part to that dealer.
|
| 5 | | (e) Except for scrap processors, all persons licensed or |
| 6 | | required to
be licensed who acquire or
dispose of essential |
| 7 | | parts other than quarter panels and transmissions of
vehicles |
| 8 | | of the first division shall retain a copy of the Uniform |
| 9 | | Invoice
required to be made by subsections (a), (b), and (c) of |
| 10 | | this Section for a
period of 3 years.
|
| 11 | | (f) Except for scrap processors, any person licensed or |
| 12 | | required to
be licensed under Section Sections 5-101,
5-102, |
| 13 | | or 5-301 who knowingly fails to record on a Uniform Invoice any |
| 14 | | of the
information or entries required to be recorded by |
| 15 | | subsections (a), (b), and
(c) of this Section, or who |
| 16 | | knowingly places false entries or other misleading
information |
| 17 | | on such Uniform Invoice, or who knowingly fails to retain for 3 |
| 18 | | years a
copy of a Uniform Invoice reflecting transactions |
| 19 | | required to be recorded
by subsections (a), (b), and (c) of |
| 20 | | this Section, or who knowingly acquires or
disposes of |
| 21 | | essential parts without receiving, issuing, or executing a
|
| 22 | | Uniform Invoice reflecting that transaction as required by |
| 23 | | subsections (a),
(b), and (c) of this Section, or who brings or |
| 24 | | causes to be brought into
this State essential parts for which |
| 25 | | the information required to be
recorded on a Uniform Invoice |
| 26 | | is not recorded as prohibited by subsection
(c) of this |
|
| | HB5501 | - 2061 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section, or who knowingly fails to comply with the provisions |
| 2 | | of
this
Section in any other manner shall be guilty of a Class |
| 3 | | 2 felony. Each
violation shall constitute a separate and |
| 4 | | distinct offense and a separate
count may be brought in the |
| 5 | | same indictment or information for each
essential part for |
| 6 | | which a record was not kept as required by this Section
or for |
| 7 | | which the person failed to comply with other provisions of |
| 8 | | this
Section.
|
| 9 | | (g) The records required to be kept by this Section
may be |
| 10 | | examined by a person or persons making a lawful
inspection of |
| 11 | | the licensee's premises pursuant to Section 5-403.
|
| 12 | | (h) The records required to be kept by this Section shall |
| 13 | | be retained by
the licensee at his principal place of business |
| 14 | | for a period of 3 years.
|
| 15 | | (i) The requirements of this Section shall not apply to |
| 16 | | the disposition
of an essential part other than a cowl which |
| 17 | | has been damaged or altered to
a state in which it can no |
| 18 | | longer be returned to a usable condition and
which is being |
| 19 | | sold or transferred to a scrap processor or for delivery to
a |
| 20 | | scrap processor.
|
| 21 | | (Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22; |
| 22 | | 102-538, eff. 8-20-21; revised 9-21-21.)
|
| 23 | | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
|
| 24 | | Sec. 6-106.1. School bus driver permit.
|
| 25 | | (a) The Secretary of State shall issue a school bus driver
|
|
| | HB5501 | - 2062 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | permit to those applicants who have met all the requirements |
| 2 | | of the
application and screening process under this Section to |
| 3 | | insure the
welfare and safety of children who are transported |
| 4 | | on school buses
throughout the State of Illinois. Applicants |
| 5 | | shall obtain the
proper application required by the Secretary |
| 6 | | of State from their
prospective or current employer and submit |
| 7 | | the completed
application to the prospective or current |
| 8 | | employer along
with the necessary fingerprint submission as |
| 9 | | required by the Illinois
State Police to conduct fingerprint |
| 10 | | based criminal background
checks on current and future |
| 11 | | information available in the state
system and current |
| 12 | | information available through the Federal Bureau
of |
| 13 | | Investigation's system. Applicants who have completed the
|
| 14 | | fingerprinting requirements shall not be subjected to the
|
| 15 | | fingerprinting process when applying for subsequent permits or
|
| 16 | | submitting proof of successful completion of the annual |
| 17 | | refresher
course. Individuals who on July 1, 1995 (the |
| 18 | | effective date of Public Act 88-612) possess a valid
school |
| 19 | | bus driver permit that has been previously issued by the |
| 20 | | appropriate
Regional School Superintendent are not subject to |
| 21 | | the fingerprinting
provisions of this Section as long as the |
| 22 | | permit remains valid and does not
lapse. The applicant shall |
| 23 | | be required to pay all related
application and fingerprinting |
| 24 | | fees as established by rule
including, but not limited to, the |
| 25 | | amounts established by the Illinois
State Police and the |
| 26 | | Federal Bureau of Investigation to process
fingerprint based |
|
| | HB5501 | - 2063 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | criminal background investigations. All fees paid for
|
| 2 | | fingerprint processing services under this Section shall be |
| 3 | | deposited into the
State Police Services Fund for the cost |
| 4 | | incurred in processing the fingerprint
based criminal |
| 5 | | background investigations. All other fees paid under this
|
| 6 | | Section shall be deposited into the Road
Fund for the purpose |
| 7 | | of defraying the costs of the Secretary of State in
|
| 8 | | administering this Section. All applicants must:
|
| 9 | | 1. be 21 years of age or older;
|
| 10 | | 2. possess a valid and properly classified driver's |
| 11 | | license
issued by the Secretary of State;
|
| 12 | | 3. possess a valid driver's license, which has not |
| 13 | | been
revoked, suspended, or canceled for 3 years |
| 14 | | immediately prior to
the date of application, or have not |
| 15 | | had his or her commercial motor vehicle
driving privileges
|
| 16 | | disqualified within the 3 years immediately prior to the |
| 17 | | date of application;
|
| 18 | | 4. successfully pass a written test, administered by |
| 19 | | the
Secretary of State, on school bus operation, school |
| 20 | | bus safety, and
special traffic laws relating to school |
| 21 | | buses and submit to a review
of the applicant's driving |
| 22 | | habits by the Secretary of State at the time the
written |
| 23 | | test is given;
|
| 24 | | 5. demonstrate ability to exercise reasonable care in |
| 25 | | the operation of
school buses in accordance with rules |
| 26 | | promulgated by the Secretary of State;
|
|
| | HB5501 | - 2064 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 6. demonstrate physical fitness to operate school |
| 2 | | buses by
submitting the results of a medical examination, |
| 3 | | including tests for drug
use for each applicant not |
| 4 | | subject to such testing pursuant to
federal law, conducted |
| 5 | | by a licensed physician, a licensed advanced practice |
| 6 | | registered nurse, or a licensed physician assistant
within |
| 7 | | 90 days of the date
of application according to standards |
| 8 | | promulgated by the Secretary of State;
|
| 9 | | 7. affirm under penalties of perjury that he or she |
| 10 | | has not made a
false statement or knowingly concealed a |
| 11 | | material fact
in any application for permit;
|
| 12 | | 8. have completed an initial classroom course, |
| 13 | | including first aid
procedures, in school bus driver |
| 14 | | safety as promulgated by the Secretary of
State; and after |
| 15 | | satisfactory completion of said initial course an annual
|
| 16 | | refresher course; such courses and the agency or |
| 17 | | organization conducting such
courses shall be approved by |
| 18 | | the Secretary of State; failure to
complete the annual |
| 19 | | refresher course, shall result in
cancellation of the |
| 20 | | permit until such course is completed;
|
| 21 | | 9. not have been under an order of court supervision |
| 22 | | for or convicted of 2 or more serious traffic offenses, as
|
| 23 | | defined by rule, within one year prior to the date of |
| 24 | | application that may
endanger the life or safety of any of |
| 25 | | the driver's passengers within the
duration of the permit |
| 26 | | period;
|
|
| | HB5501 | - 2065 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 10. not have been under an order of court supervision |
| 2 | | for or convicted of reckless driving, aggravated reckless |
| 3 | | driving, driving while under the influence of alcohol, |
| 4 | | other drug or drugs, intoxicating compound or compounds or |
| 5 | | any combination thereof, or reckless homicide resulting |
| 6 | | from the operation of a motor
vehicle within 3 years of the |
| 7 | | date of application;
|
| 8 | | 11. not have 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, |
| 11 | | 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, |
| 12 | | 10-2, 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, |
| 13 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, |
| 14 | | 11-6.6,
11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, |
| 15 | | 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, |
| 16 | | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2,
|
| 17 | | 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, |
| 18 | | 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, |
| 19 | | 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
|
| 20 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.3, 12-6, 12-6.2, |
| 21 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, |
| 22 | | 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, |
| 23 | | 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1,
|
| 24 | | 18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, |
| 25 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, |
| 26 | | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
|
|
| | HB5501 | - 2066 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), |
| 2 | | of Section 24-3, and those offenses contained in Article |
| 3 | | 29D of the Criminal Code of 1961 or the Criminal Code of |
| 4 | | 2012; (ii) those offenses defined in the
Cannabis Control |
| 5 | | Act except those offenses defined in subsections (a) and
|
| 6 | | (b) of Section 4, and subsection (a) of Section 5 of the |
| 7 | | Cannabis Control
Act; (iii) those offenses defined in the |
| 8 | | Illinois Controlled Substances
Act; (iv) those offenses |
| 9 | | defined in the Methamphetamine Control and Community |
| 10 | | Protection Act; and (v) any offense committed or attempted |
| 11 | | in any other state or against
the laws of the United |
| 12 | | States, which if committed or attempted in this
State |
| 13 | | would be punishable as one or more of the foregoing |
| 14 | | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 |
| 15 | | of the Wrongs to Children Act or Section 11-9.1A of the |
| 16 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) |
| 17 | | those offenses defined in Section 6-16 of the Liquor |
| 18 | | Control Act of
1934;
and (viii) those offenses defined in |
| 19 | | the Methamphetamine Precursor Control Act;
|
| 20 | | 12. not have been repeatedly involved as a driver in |
| 21 | | motor vehicle
collisions or been repeatedly convicted of |
| 22 | | offenses against
laws and ordinances regulating the |
| 23 | | movement of traffic, to a degree which
indicates lack of |
| 24 | | ability to exercise ordinary and reasonable care in the
|
| 25 | | safe operation of a motor vehicle or disrespect for the |
| 26 | | traffic laws and
the safety of other persons upon the |
|
| | HB5501 | - 2067 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | highway;
|
| 2 | | 13. not have, through the unlawful operation of a |
| 3 | | motor
vehicle, caused an accident resulting in the death |
| 4 | | of any person;
|
| 5 | | 14. not have, within the last 5 years, been adjudged |
| 6 | | to be
afflicted with or suffering from any mental |
| 7 | | disability or disease;
|
| 8 | | 15. consent, in writing, to the release of results of |
| 9 | | reasonable suspicion drug and alcohol testing under |
| 10 | | Section 6-106.1c of this Code by the employer of the |
| 11 | | applicant to the Secretary of State; and |
| 12 | | 16. not have been convicted of committing or |
| 13 | | attempting to commit within the last 20 years: (i) an |
| 14 | | offense defined in subsection (c) of Section 4, subsection |
| 15 | | (b) of Section 5, and subsection (a) of Section 8 of the |
| 16 | | Cannabis Control Act; or (ii) any offenses in any other |
| 17 | | state or against the laws of the United States that, if |
| 18 | | committed or attempted in this State, would be punishable |
| 19 | | as one or more of the foregoing offenses. |
| 20 | | (b) A school bus driver permit shall be valid for a period |
| 21 | | specified by
the Secretary of State as set forth by rule. It |
| 22 | | shall be renewable upon compliance with subsection (a) of this
|
| 23 | | Section.
|
| 24 | | (c) A school bus driver permit shall contain the holder's |
| 25 | | driver's
license number, legal name, residence address, zip |
| 26 | | code, and date
of birth, a brief description of the holder and |
|
| | HB5501 | - 2068 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a space for signature. The
Secretary of State may require a |
| 2 | | suitable photograph of the holder.
|
| 3 | | (d) The employer shall be responsible for conducting a |
| 4 | | pre-employment
interview with prospective school bus driver |
| 5 | | candidates, distributing school
bus driver applications and |
| 6 | | medical forms to be completed by the applicant, and
submitting |
| 7 | | the applicant's fingerprint cards to the Illinois State Police
|
| 8 | | that are required for the criminal background investigations. |
| 9 | | The employer
shall certify in writing to the Secretary of |
| 10 | | State that all pre-employment
conditions have been |
| 11 | | successfully completed including the successful completion
of |
| 12 | | an Illinois specific criminal background investigation through |
| 13 | | the Illinois
State Police and the submission of necessary
|
| 14 | | fingerprints to the Federal Bureau of Investigation for |
| 15 | | criminal
history information available through the Federal |
| 16 | | Bureau of
Investigation system. The applicant shall present |
| 17 | | the
certification to the Secretary of State at the time of |
| 18 | | submitting
the school bus driver permit application.
|
| 19 | | (e) Permits shall initially be provisional upon receiving
|
| 20 | | certification from the employer that all pre-employment |
| 21 | | conditions
have been successfully completed, and upon |
| 22 | | successful completion of
all training and examination |
| 23 | | requirements for the classification of
the vehicle to be |
| 24 | | operated, the Secretary of State shall
provisionally issue a |
| 25 | | School Bus Driver Permit. The permit shall
remain in a |
| 26 | | provisional status pending the completion of the
Federal |
|
| | HB5501 | - 2069 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Bureau of Investigation's criminal background investigation |
| 2 | | based
upon fingerprinting specimens submitted to the Federal |
| 3 | | Bureau of
Investigation by the Illinois State Police. The |
| 4 | | Federal Bureau of
Investigation shall report the findings |
| 5 | | directly to the Secretary
of State. The Secretary of State |
| 6 | | shall remove the bus driver
permit from provisional status |
| 7 | | upon the applicant's successful
completion of the Federal |
| 8 | | Bureau of Investigation's criminal
background investigation.
|
| 9 | | (f) A school bus driver permit holder shall notify the
|
| 10 | | employer and the Secretary of State if he or she is issued an |
| 11 | | order of court supervision for or convicted in
another state |
| 12 | | of an offense that would make him or her ineligible
for a |
| 13 | | permit under subsection (a) of this Section. The
written |
| 14 | | notification shall be made within 5 days of the entry of
the |
| 15 | | order of court supervision or conviction. Failure of the |
| 16 | | permit holder to provide the
notification is punishable as a |
| 17 | | petty
offense for a first violation and a Class B misdemeanor |
| 18 | | for a
second or subsequent violation.
|
| 19 | | (g) Cancellation; suspension; notice and procedure.
|
| 20 | | (1) The Secretary of State shall cancel a school bus
|
| 21 | | driver permit of an applicant whose criminal background |
| 22 | | investigation
discloses that he or she is not in |
| 23 | | compliance with the provisions of subsection
(a) of this |
| 24 | | Section.
|
| 25 | | (2) The Secretary of State shall cancel a school
bus |
| 26 | | driver permit when he or she receives notice that the |
|
| | HB5501 | - 2071 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or has submitted to a test required by that Section which |
| 2 | | disclosed an alcohol concentration of more than 0.00 or |
| 3 | | disclosed a positive result on a National Institute on |
| 4 | | Drug Abuse five-drug panel, utilizing federal standards |
| 5 | | set forth in 49 CFR 40.87. |
| 6 | | The Secretary of State shall notify the State |
| 7 | | Superintendent
of Education and the permit holder's |
| 8 | | prospective or current
employer that the applicant has (1) has |
| 9 | | failed a criminal
background investigation or (2) is no
longer |
| 10 | | eligible for a school bus driver permit; and of the related
|
| 11 | | cancellation of the applicant's provisional school bus driver |
| 12 | | permit. The
cancellation shall remain in effect pending the |
| 13 | | outcome of a
hearing pursuant to Section 2-118 of this Code. |
| 14 | | The scope of the
hearing shall be limited to the issuance |
| 15 | | criteria contained in
subsection (a) of this Section. A |
| 16 | | petition requesting a
hearing shall be submitted to the |
| 17 | | Secretary of State and shall
contain the reason the individual |
| 18 | | feels he or she is entitled to a
school bus driver permit. The |
| 19 | | permit holder's
employer shall notify in writing to the |
| 20 | | Secretary of State
that the employer has certified the removal |
| 21 | | of the offending school
bus driver from service prior to the |
| 22 | | start of that school bus
driver's next workshift. An employing |
| 23 | | school board that fails to
remove the offending school bus |
| 24 | | driver from service is
subject to the penalties defined in |
| 25 | | Section 3-14.23 of the School Code. A
school bus
contractor |
| 26 | | who violates a provision of this Section is
subject to the |
|
| | HB5501 | - 2072 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | penalties defined in Section 6-106.11.
|
| 2 | | All valid school bus driver permits issued under this |
| 3 | | Section
prior to January 1, 1995, shall remain effective until |
| 4 | | their
expiration date unless otherwise invalidated.
|
| 5 | | (h) When a school bus driver permit holder who is a service |
| 6 | | member is called to active duty, the employer of the permit |
| 7 | | holder shall notify the Secretary of State, within 30 days of |
| 8 | | notification from the permit holder, that the permit holder |
| 9 | | has been called to active duty. Upon notification pursuant to |
| 10 | | this subsection, (i) the Secretary of State shall characterize |
| 11 | | the permit as inactive until a permit holder renews the permit |
| 12 | | as provided in subsection (i) of this Section, and (ii) if a |
| 13 | | permit holder fails to comply with the requirements of this |
| 14 | | Section while called to active duty, the Secretary of State |
| 15 | | shall not characterize the permit as invalid. |
| 16 | | (i) A school bus driver permit holder who is a service |
| 17 | | member returning from active duty must, within 90 days, renew |
| 18 | | a permit characterized as inactive pursuant to subsection (h) |
| 19 | | of this Section by complying with the renewal requirements of |
| 20 | | subsection (b) of this Section. |
| 21 | | (j) For purposes of subsections (h) and (i) of this |
| 22 | | Section: |
| 23 | | "Active duty" means active duty pursuant to an executive |
| 24 | | order of the President of the United States, an act of the |
| 25 | | Congress of the United States, or an order of the Governor. |
| 26 | | "Service member" means a member of the Armed Services or |
|
| | HB5501 | - 2073 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | reserve forces of the United States or a member of the Illinois |
| 2 | | National Guard. |
| 3 | | (k) A private carrier employer of a school bus driver |
| 4 | | permit holder, having satisfied the employer requirements of |
| 5 | | this Section, shall be held to a standard of ordinary care for |
| 6 | | intentional acts committed in the course of employment by the |
| 7 | | bus driver permit holder. This subsection (k) shall in no way |
| 8 | | limit the liability of the private carrier employer for |
| 9 | | violation of any provision of this Section or for the |
| 10 | | negligent hiring or retention of a school bus driver permit |
| 11 | | holder. |
| 12 | | (Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; |
| 13 | | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised |
| 14 | | 10-13-21.)
|
| 15 | | (625 ILCS 5/6-107.5) |
| 16 | | Sec. 6-107.5. Adult Driver Education Course. |
| 17 | | (a) The Secretary shall establish by rule the curriculum |
| 18 | | and designate the materials to be used in an adult driver |
| 19 | | education course. The course shall be at least 6 hours in |
| 20 | | length and shall include instruction on traffic laws; highway |
| 21 | | signs, signals, and markings that regulate, warn, or direct |
| 22 | | traffic; issues commonly associated with motor vehicle |
| 23 | | accidents including poor decision-making, risk taking, |
| 24 | | impaired driving, distraction, speed, failure to use a safety |
| 25 | | belt, driving at night, failure to yield the right-of-way, |
|
| | HB5501 | - 2074 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | texting while driving, using wireless communication devices, |
| 2 | | and alcohol and drug awareness; and instruction on law |
| 3 | | enforcement procedures during traffic stops, including actions |
| 4 | | that a motorist should take during a traffic stop and |
| 5 | | appropriate interactions with law enforcement officers. The |
| 6 | | curriculum shall not require the operation of a motor vehicle. |
| 7 | | (b) The Secretary shall certify course providers. The |
| 8 | | requirements to be a certified course provider, the process |
| 9 | | for applying for certification, and the procedure for |
| 10 | | decertifying a course provider shall be established by rule. |
| 11 | | (b-5) In order to qualify for certification as an adult |
| 12 | | driver education course provider, each applicant must |
| 13 | | authorize an investigation that includes a fingerprint-based |
| 14 | | background check to determine if the applicant has ever been |
| 15 | | convicted of a criminal offense and, if so, the disposition of |
| 16 | | any conviction. This authorization shall indicate the scope of |
| 17 | | the inquiry and the agencies that may be contacted. Upon |
| 18 | | receiving this authorization, the Secretary of State may |
| 19 | | request and receive information and assistance from any |
| 20 | | federal, State, or local governmental agency as part of the |
| 21 | | authorized investigation. Each applicant shall submit his or |
| 22 | | her fingerprints to the Illinois State Police in the form and |
| 23 | | manner prescribed by the Illinois State Police. These |
| 24 | | fingerprints shall be checked against fingerprint records now |
| 25 | | and hereafter filed in the Illinois State Police and Federal |
| 26 | | Bureau of Investigation criminal history record databases. The |
|
| | HB5501 | - 2075 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois State Police shall charge applicants a fee for |
| 2 | | conducting the criminal history record check, which shall be |
| 3 | | deposited into the State Police Services Fund and shall not |
| 4 | | exceed the actual cost of the State and national criminal |
| 5 | | history record check. The Illinois State Police shall furnish, |
| 6 | | pursuant to positive identification, records of Illinois |
| 7 | | criminal convictions to the Secretary and shall forward the |
| 8 | | national criminal history record information to the Secretary. |
| 9 | | Applicants shall pay any other fingerprint-related fees. |
| 10 | | Unless otherwise prohibited by law, the information derived |
| 11 | | from the investigation, including the source of the |
| 12 | | information and any conclusions or recommendations derived |
| 13 | | from the information by the Secretary of State, shall be |
| 14 | | provided to the applicant upon request to the Secretary of |
| 15 | | State prior to any final action by the Secretary of State on |
| 16 | | the application. Any criminal conviction information obtained |
| 17 | | by the Secretary of State shall be confidential and may not be |
| 18 | | transmitted outside the Office of the Secretary of State, |
| 19 | | except as required by this subsection (b-5), and may not be |
| 20 | | transmitted to anyone within the Office of the Secretary of |
| 21 | | State except as needed for the purpose of evaluating the |
| 22 | | applicant. At any administrative hearing held under Section |
| 23 | | 2-118 of this Code relating to the denial, cancellation, |
| 24 | | suspension, or revocation of certification of an adult driver |
| 25 | | education course provider, the Secretary of State may utilize |
| 26 | | at that hearing any criminal history, criminal conviction, and |
|
| | HB5501 | - 2076 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | disposition information obtained under this subsection (b-5). |
| 2 | | The information obtained from the investigation may be |
| 3 | | maintained by the Secretary of State or any agency to which the |
| 4 | | information was transmitted. Only information and standards |
| 5 | | which bear a reasonable and rational relation to the |
| 6 | | performance of providing adult driver education shall be used |
| 7 | | by the Secretary of State. Any employee of the Secretary of |
| 8 | | State who gives or causes to be given away any confidential |
| 9 | | information concerning any criminal convictions or disposition |
| 10 | | of criminal convictions of an applicant shall be guilty of a |
| 11 | | Class A misdemeanor unless release of the information is |
| 12 | | authorized by this Section. |
| 13 | | (c) The Secretary may permit a course provider to offer |
| 14 | | the course online, if the Secretary is satisfied the course |
| 15 | | provider has established adequate procedures for verifying: |
| 16 | | (1) the identity of the person taking the course |
| 17 | | online; and |
| 18 | | (2) the person completes the entire course. |
| 19 | | (d) The Secretary shall establish a method of electronic |
| 20 | | verification of a student's successful completion of the |
| 21 | | course. |
| 22 | | (e) The fee charged by the course provider must bear a |
| 23 | | reasonable relationship to the cost of the course. The |
| 24 | | Secretary shall post on the Secretary of State's website a |
| 25 | | list of approved course providers, the fees charged by the |
| 26 | | providers, and contact information for each provider. |
|
| | HB5501 | - 2078 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | vehicle
collisions or has been repeatedly convicted of |
| 2 | | offenses against laws and
ordinances regulating the |
| 3 | | movement of traffic, to a degree that
indicates lack of |
| 4 | | ability to exercise ordinary and reasonable care in
the |
| 5 | | safe operation of a motor vehicle or disrespect for the |
| 6 | | traffic laws
and the safety of other persons upon the |
| 7 | | highway;
|
| 8 | | 4. Has by the unlawful operation of a motor vehicle |
| 9 | | caused or
contributed to an accident resulting in injury |
| 10 | | requiring
immediate professional treatment in a medical |
| 11 | | facility or doctor's office
to any person, except that any |
| 12 | | suspension or revocation imposed by the
Secretary of State |
| 13 | | under the provisions of this subsection shall start no
|
| 14 | | later than 6 months after being convicted of violating a |
| 15 | | law or
ordinance regulating the movement of traffic, which |
| 16 | | violation is related
to the accident, or shall start not |
| 17 | | more than one year
after
the date of the accident, |
| 18 | | whichever date occurs later;
|
| 19 | | 5. Has permitted an unlawful or fraudulent use of a |
| 20 | | driver's
license, identification card, or permit;
|
| 21 | | 6. Has been lawfully convicted of an offense or |
| 22 | | offenses in another
state, including the authorization |
| 23 | | contained in Section 6-203.1, which
if committed within |
| 24 | | this State would be grounds for suspension or revocation;
|
| 25 | | 7. Has refused or failed to submit to an examination |
| 26 | | provided for by
Section 6-207 or has failed to pass the |
|
| | HB5501 | - 2079 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | examination;
|
| 2 | | 8. Is ineligible for a driver's license or permit |
| 3 | | under the provisions
of Section 6-103;
|
| 4 | | 9. Has made a false statement or knowingly concealed a |
| 5 | | material fact
or has used false information or |
| 6 | | identification in any application for a
license, |
| 7 | | identification card, or permit;
|
| 8 | | 10. Has possessed, displayed, or attempted to |
| 9 | | fraudulently use any
license, identification card, or |
| 10 | | permit not issued to the person;
|
| 11 | | 11. Has operated a motor vehicle upon a highway of |
| 12 | | this State when
the person's driving privilege or |
| 13 | | privilege to obtain a driver's license
or permit was |
| 14 | | revoked or suspended unless the operation was authorized |
| 15 | | by
a monitoring device driving permit, judicial driving |
| 16 | | permit issued prior to January 1, 2009, probationary |
| 17 | | license to drive, or restricted
driving permit issued |
| 18 | | under this Code;
|
| 19 | | 12. Has submitted to any portion of the application |
| 20 | | process for
another person or has obtained the services of |
| 21 | | another person to submit to
any portion of the application |
| 22 | | process for the purpose of obtaining a
license, |
| 23 | | identification card, or permit for some other person;
|
| 24 | | 13. Has operated a motor vehicle upon a highway of |
| 25 | | this State when
the person's driver's license or permit |
| 26 | | was invalid under the provisions of
Sections 6-107.1 and
|
|
| | HB5501 | - 2080 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 6-110;
|
| 2 | | 14. Has committed a violation of Section 6-301, |
| 3 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or |
| 4 | | 14B of the Illinois Identification Card
Act;
|
| 5 | | 15. Has been convicted of violating Section 21-2 of |
| 6 | | the Criminal Code
of 1961 or the Criminal Code of 2012 |
| 7 | | relating to criminal trespass to vehicles if the person |
| 8 | | exercised actual physical control over the vehicle during |
| 9 | | the commission of the offense, in which case the |
| 10 | | suspension
shall be for one year;
|
| 11 | | 16. Has been convicted of violating Section 11-204 of |
| 12 | | this Code relating
to fleeing from a peace officer;
|
| 13 | | 17. Has refused to submit to a test, or tests, as |
| 14 | | required under Section
11-501.1 of this Code and the |
| 15 | | person has not sought a hearing as
provided for in Section |
| 16 | | 11-501.1;
|
| 17 | | 18. (Blank);
|
| 18 | | 19. Has committed a violation of paragraph (a) or (b) |
| 19 | | of Section 6-101
relating to driving without a driver's |
| 20 | | license;
|
| 21 | | 20. Has been convicted of violating Section 6-104 |
| 22 | | relating to
classification of driver's license;
|
| 23 | | 21. Has been convicted of violating Section 11-402 of
|
| 24 | | this Code relating to leaving the scene of an accident |
| 25 | | resulting in damage
to a vehicle in excess of $1,000, in |
| 26 | | which case the suspension shall be
for one year;
|
|
| | HB5501 | - 2081 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 22. Has used a motor vehicle in violating paragraph |
| 2 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
| 3 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
| 4 | | relating
to unlawful use of weapons, in which case the |
| 5 | | suspension shall be for one
year;
|
| 6 | | 23. Has, as a driver, been convicted of committing a |
| 7 | | violation of
paragraph (a) of Section 11-502 of this Code |
| 8 | | for a second or subsequent
time within one year of a |
| 9 | | similar violation;
|
| 10 | | 24. Has been convicted by a court-martial or punished |
| 11 | | by non-judicial
punishment by military authorities of the |
| 12 | | United States at a military
installation in Illinois or in |
| 13 | | another state of or for a traffic-related offense that is |
| 14 | | the
same as or similar to an offense specified under |
| 15 | | Section 6-205 or 6-206 of
this Code;
|
| 16 | | 25. Has permitted any form of identification to be |
| 17 | | used by another in
the application process in order to |
| 18 | | obtain or attempt to obtain a license,
identification |
| 19 | | card, or permit;
|
| 20 | | 26. Has altered or attempted to alter a license or has |
| 21 | | possessed an
altered license, identification card, or |
| 22 | | permit;
|
| 23 | | 27. (Blank);
|
| 24 | | 28. Has been convicted for a first time of the illegal |
| 25 | | possession, while operating or
in actual physical control, |
| 26 | | as a driver, of a motor vehicle, of any
controlled |
|
| | HB5501 | - 2082 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | substance prohibited under the Illinois Controlled |
| 2 | | Substances
Act, any cannabis prohibited under the Cannabis |
| 3 | | Control
Act, or any methamphetamine prohibited under the |
| 4 | | Methamphetamine Control and Community Protection Act, in |
| 5 | | which case the person's driving privileges shall be |
| 6 | | suspended for
one year.
Any defendant found guilty of this |
| 7 | | offense while operating a motor vehicle
shall have an |
| 8 | | entry made in the court record by the presiding judge that
|
| 9 | | this offense did occur while the defendant was operating a |
| 10 | | motor vehicle
and order the clerk of the court to report |
| 11 | | the violation to the Secretary
of State;
|
| 12 | | 29. Has been convicted of the following offenses that |
| 13 | | were committed
while the person was operating or in actual |
| 14 | | physical control, as a driver,
of a motor vehicle: |
| 15 | | criminal sexual assault,
predatory criminal sexual assault |
| 16 | | of a child,
aggravated criminal sexual
assault, criminal |
| 17 | | sexual abuse, aggravated criminal sexual abuse, juvenile
|
| 18 | | pimping, soliciting for a juvenile prostitute, promoting |
| 19 | | juvenile prostitution as described in subdivision (a)(1), |
| 20 | | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code |
| 21 | | of 1961 or the Criminal Code of 2012, and the manufacture, |
| 22 | | sale or
delivery of controlled substances or instruments |
| 23 | | used for illegal drug use
or abuse in which case the |
| 24 | | driver's driving privileges shall be suspended
for one |
| 25 | | year;
|
| 26 | | 30. Has been convicted a second or subsequent time for |
|
| | HB5501 | - 2083 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any
combination of the offenses named in paragraph 29 of |
| 2 | | this subsection,
in which case the person's driving |
| 3 | | privileges shall be suspended for 5
years;
|
| 4 | | 31. Has refused to submit to a test as
required by |
| 5 | | Section 11-501.6 of this Code or Section 5-16c of the Boat |
| 6 | | Registration and Safety Act or has submitted to a test |
| 7 | | resulting in
an alcohol concentration of 0.08 or more or |
| 8 | | any amount of a drug, substance, or
compound resulting |
| 9 | | from the unlawful use or consumption of cannabis as listed
|
| 10 | | in the Cannabis Control Act, a controlled substance as |
| 11 | | listed in the Illinois
Controlled Substances Act, an |
| 12 | | intoxicating compound as listed in the Use of
Intoxicating |
| 13 | | Compounds Act, or methamphetamine as listed in the |
| 14 | | Methamphetamine Control and Community Protection Act, in |
| 15 | | which case the penalty shall be
as prescribed in Section |
| 16 | | 6-208.1;
|
| 17 | | 32. Has been convicted of Section 24-1.2 of the |
| 18 | | Criminal Code of
1961 or the Criminal Code of 2012 |
| 19 | | relating to the aggravated discharge of a firearm if the |
| 20 | | offender was
located in a motor vehicle at the time the |
| 21 | | firearm was discharged, in which
case the suspension shall |
| 22 | | be for 3 years;
|
| 23 | | 33. Has as a driver, who was less than 21 years of age |
| 24 | | on the date of
the offense, been convicted a first time of |
| 25 | | a violation of paragraph (a) of
Section 11-502 of this |
| 26 | | Code or a similar provision of a local ordinance;
|
|
| | HB5501 | - 2084 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 34. Has committed a violation of Section 11-1301.5 of |
| 2 | | this Code or a similar provision of a local ordinance;
|
| 3 | | 35. Has committed a violation of Section 11-1301.6 of |
| 4 | | this Code or a similar provision of a local ordinance;
|
| 5 | | 36. Is under the age of 21 years at the time of arrest |
| 6 | | and has been
convicted of not less than 2 offenses against |
| 7 | | traffic regulations governing
the movement of vehicles |
| 8 | | committed within any 24-month period. No revocation
or |
| 9 | | suspension shall be entered more than 6 months after the |
| 10 | | date of last
conviction;
|
| 11 | | 37. Has committed a violation of subsection (c) of |
| 12 | | Section 11-907 of this
Code that resulted in damage to the |
| 13 | | property of another or the death or injury of another;
|
| 14 | | 38. Has been convicted of a violation of Section 6-20 |
| 15 | | of the Liquor
Control Act of 1934 or a similar provision of |
| 16 | | a local ordinance and the person was an occupant of a motor |
| 17 | | vehicle at the time of the violation;
|
| 18 | | 39. Has committed a second or subsequent violation of |
| 19 | | Section
11-1201 of this Code;
|
| 20 | | 40. Has committed a violation of subsection (a-1) of |
| 21 | | Section 11-908 of
this Code; |
| 22 | | 41. Has committed a second or subsequent violation of |
| 23 | | Section 11-605.1 of this Code, a similar provision of a |
| 24 | | local ordinance, or a similar violation in any other state |
| 25 | | within 2 years of the date of the previous violation, in |
| 26 | | which case the suspension shall be for 90 days; |
|
| | HB5501 | - 2085 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 42. Has committed a violation of subsection (a-1) of |
| 2 | | Section 11-1301.3 of this Code or a similar provision of a |
| 3 | | local ordinance;
|
| 4 | | 43. Has received a disposition of court supervision |
| 5 | | for a violation of subsection (a), (d), or (e) of Section |
| 6 | | 6-20 of the Liquor
Control Act of 1934 or a similar |
| 7 | | provision of a local ordinance and the person was an |
| 8 | | occupant of a motor vehicle at the time of the violation, |
| 9 | | in which case the suspension shall be for a period of 3 |
| 10 | | months;
|
| 11 | | 44.
Is under the age of 21 years at the time of arrest |
| 12 | | and has been convicted of an offense against traffic |
| 13 | | regulations governing the movement of vehicles after |
| 14 | | having previously had his or her driving privileges
|
| 15 | | suspended or revoked pursuant to subparagraph 36 of this |
| 16 | | Section; |
| 17 | | 45.
Has, in connection with or during the course of a |
| 18 | | formal hearing conducted under Section 2-118 of this Code: |
| 19 | | (i) committed perjury; (ii) submitted fraudulent or |
| 20 | | falsified documents; (iii) submitted documents that have |
| 21 | | been materially altered; or (iv) submitted, as his or her |
| 22 | | own, documents that were in fact prepared or composed for |
| 23 | | another person; |
| 24 | | 46. Has committed a violation of subsection (j) of |
| 25 | | Section 3-413 of this Code;
|
| 26 | | 47. Has committed a violation of subsection (a) of |
|
| | HB5501 | - 2086 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 11-502.1 of this Code; |
| 2 | | 48. Has submitted a falsified or altered medical |
| 3 | | examiner's certificate to the Secretary of State or |
| 4 | | provided false information to obtain a medical examiner's |
| 5 | | certificate; |
| 6 | | 49. Has been convicted of a violation of Section |
| 7 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to |
| 8 | | another, in which case the driving privileges of the |
| 9 | | person shall be suspended for 12 months; or |
| 10 | | 50. Has committed a violation of subsection (b-5) of |
| 11 | | Section 12-610.2 that resulted in great bodily harm, |
| 12 | | permanent disability, or disfigurement, in which case the |
| 13 | | driving privileges of the person shall be suspended for 12 |
| 14 | | months.; or 50 |
| 15 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
| 16 | | and 27 of this
subsection, license means any driver's license, |
| 17 | | any traffic ticket issued when
the person's driver's license |
| 18 | | is deposited in lieu of bail, a suspension
notice issued by the |
| 19 | | Secretary of State, a duplicate or corrected driver's
license, |
| 20 | | a probationary driver's license, or a temporary driver's |
| 21 | | license. |
| 22 | | (b) If any conviction forming the basis of a suspension or
|
| 23 | | revocation authorized under this Section is appealed, the
|
| 24 | | Secretary of State may rescind or withhold the entry of the |
| 25 | | order of suspension
or revocation, as the case may be, |
| 26 | | provided that a certified copy of a stay
order of a court is |
|
| | HB5501 | - 2087 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | filed with the Secretary of State. If the conviction is
|
| 2 | | affirmed on appeal, the date of the conviction shall relate |
| 3 | | back to the time
the original judgment of conviction was |
| 4 | | entered and the 6-month limitation
prescribed shall not apply.
|
| 5 | | (c) 1. Upon suspending or revoking the driver's license or |
| 6 | | permit of
any person as authorized in this Section, the |
| 7 | | Secretary of State shall
immediately notify the person in |
| 8 | | writing of the revocation or suspension.
The notice to be |
| 9 | | deposited in the United States mail, postage prepaid,
to the |
| 10 | | last known address of the person.
|
| 11 | | 2. If the Secretary of State suspends the driver's license
|
| 12 | | of a person under subsection 2 of paragraph (a) of this |
| 13 | | Section, a
person's privilege to operate a vehicle as an |
| 14 | | occupation shall not be
suspended, provided an affidavit is |
| 15 | | properly completed, the appropriate fee
received, and a permit |
| 16 | | issued prior to the effective date of the
suspension, unless 5 |
| 17 | | offenses were committed, at least 2 of which occurred
while |
| 18 | | operating a commercial vehicle in connection with the driver's
|
| 19 | | regular occupation. All other driving privileges shall be |
| 20 | | suspended by the
Secretary of State. Any driver prior to |
| 21 | | operating a vehicle for
occupational purposes only must submit |
| 22 | | the affidavit on forms to be
provided by the Secretary of State |
| 23 | | setting forth the facts of the person's
occupation. The |
| 24 | | affidavit shall also state the number of offenses
committed |
| 25 | | while operating a vehicle in connection with the driver's |
| 26 | | regular
occupation. The affidavit shall be accompanied by the |
|
| | HB5501 | - 2088 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | driver's license.
Upon receipt of a properly completed |
| 2 | | affidavit, the Secretary of State
shall issue the driver a |
| 3 | | permit to operate a vehicle in connection with the
driver's |
| 4 | | regular occupation only. Unless the permit is issued by the
|
| 5 | | Secretary of State prior to the date of suspension, the |
| 6 | | privilege to drive
any motor vehicle shall be suspended as set |
| 7 | | forth in the notice that was
mailed under this Section. If an |
| 8 | | affidavit is received subsequent to the
effective date of this |
| 9 | | suspension, a permit may be issued for the remainder
of the |
| 10 | | suspension period.
|
| 11 | | The provisions of this subparagraph shall not apply to any |
| 12 | | driver
required to possess a CDL for the purpose of operating a |
| 13 | | commercial motor vehicle.
|
| 14 | | Any person who falsely states any fact in the affidavit |
| 15 | | required
herein shall be guilty of perjury under Section 6-302 |
| 16 | | and upon conviction
thereof shall have all driving privileges |
| 17 | | revoked without further rights.
|
| 18 | | 3. At the conclusion of a hearing under Section 2-118 of |
| 19 | | this Code,
the Secretary of State shall either rescind or |
| 20 | | continue an order of
revocation or shall substitute an order |
| 21 | | of suspension; or, good
cause appearing therefor, rescind, |
| 22 | | continue, change, or extend the
order of suspension. If the |
| 23 | | Secretary of State does not rescind the order,
the Secretary |
| 24 | | may upon application,
to relieve undue hardship (as defined by |
| 25 | | the rules of the Secretary of State), issue
a restricted |
| 26 | | driving permit granting the privilege of driving a motor
|
|
| | HB5501 | - 2089 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | vehicle between the petitioner's residence and petitioner's |
| 2 | | place of
employment or within the scope of the petitioner's |
| 3 | | employment-related duties, or to
allow the petitioner to |
| 4 | | transport himself or herself, or a family member of the
|
| 5 | | petitioner's household to a medical facility, to receive |
| 6 | | necessary medical care, to allow the petitioner to transport |
| 7 | | himself or herself to and from alcohol or drug
remedial or |
| 8 | | rehabilitative activity recommended by a licensed service |
| 9 | | provider, or to allow the petitioner to transport himself or |
| 10 | | herself or a family member of the petitioner's household to |
| 11 | | classes, as a student, at an accredited educational |
| 12 | | institution, or to allow the petitioner to transport children, |
| 13 | | elderly persons, or persons with disabilities who do not hold |
| 14 | | driving privileges and are living in the petitioner's |
| 15 | | household to and from daycare. The
petitioner must demonstrate |
| 16 | | that no alternative means of
transportation is reasonably |
| 17 | | available and that the petitioner will not endanger
the public |
| 18 | | safety or welfare.
|
| 19 | | (A) If a person's license or permit is revoked or |
| 20 | | suspended due to 2
or more convictions of violating |
| 21 | | Section 11-501 of this Code or a similar
provision of a |
| 22 | | local ordinance or a similar out-of-state offense, or |
| 23 | | Section 9-3 of the Criminal Code of 1961 or the Criminal |
| 24 | | Code of 2012, where the use of alcohol or other drugs is |
| 25 | | recited as an element of the offense, or a similar |
| 26 | | out-of-state offense, or a combination of these offenses, |
|
| | HB5501 | - 2090 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | arising out
of separate occurrences, that person, if |
| 2 | | issued a restricted driving permit,
may not operate a |
| 3 | | vehicle unless it has been equipped with an ignition
|
| 4 | | interlock device as defined in Section 1-129.1.
|
| 5 | | (B) If a person's license or permit is revoked or |
| 6 | | suspended 2 or more
times due to any combination of: |
| 7 | | (i) a single conviction of violating Section
|
| 8 | | 11-501 of this Code or a similar provision of a local |
| 9 | | ordinance or a similar
out-of-state offense or Section |
| 10 | | 9-3 of the Criminal Code of 1961 or the Criminal Code |
| 11 | | of 2012, where the use of alcohol or other drugs is |
| 12 | | recited as an element of the offense, or a similar |
| 13 | | out-of-state offense; or |
| 14 | | (ii) a statutory summary suspension or revocation |
| 15 | | under Section
11-501.1; or |
| 16 | | (iii) a suspension under Section 6-203.1; |
| 17 | | arising out of
separate occurrences; that person, if |
| 18 | | issued a restricted driving permit, may
not operate a |
| 19 | | vehicle unless it has been
equipped with an ignition |
| 20 | | interlock device as defined in Section 1-129.1. |
| 21 | | (B-5) If a person's license or permit is revoked or |
| 22 | | suspended due to a conviction for a violation of |
| 23 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
| 24 | | of Section 11-501 of this Code, or a similar provision of a |
| 25 | | local ordinance or similar out-of-state offense, that |
| 26 | | person, if issued a restricted driving permit, may not |
|
| | HB5501 | - 2091 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | operate a vehicle unless it has been equipped with an |
| 2 | | ignition interlock device as defined in Section 1-129.1. |
| 3 | | (C)
The person issued a permit conditioned upon the |
| 4 | | use of an ignition interlock device must pay to the |
| 5 | | Secretary of State DUI Administration Fund an amount
not |
| 6 | | to exceed $30 per month. The Secretary shall establish by |
| 7 | | rule the amount
and the procedures, terms, and conditions |
| 8 | | relating to these fees. |
| 9 | | (D) If the
restricted driving permit is issued for |
| 10 | | employment purposes, then the prohibition against |
| 11 | | operating a motor vehicle that is not equipped with an |
| 12 | | ignition interlock device does not apply to the operation |
| 13 | | of an occupational vehicle owned or
leased by that |
| 14 | | person's employer when used solely for employment |
| 15 | | purposes. For any person who, within a 5-year period, is |
| 16 | | convicted of a second or subsequent offense under Section |
| 17 | | 11-501 of this Code, or a similar provision of a local |
| 18 | | ordinance or similar out-of-state offense, this employment |
| 19 | | exemption does not apply until either a one-year period |
| 20 | | has elapsed during which that person had his or her |
| 21 | | driving privileges revoked or a one-year period has |
| 22 | | elapsed during which that person had a restricted driving |
| 23 | | permit which required the use of an ignition interlock |
| 24 | | device on every motor vehicle owned or operated by that |
| 25 | | person. |
| 26 | | (E) In each case the Secretary may issue a
restricted |
|
| | HB5501 | - 2092 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | driving permit for a period deemed appropriate, except |
| 2 | | that all
permits shall expire no later than 2 years from |
| 3 | | the date of issuance. A
restricted driving permit issued |
| 4 | | under this Section shall be subject to
cancellation, |
| 5 | | revocation, and suspension by the Secretary of State in |
| 6 | | like
manner and for like cause as a driver's license |
| 7 | | issued under this Code may be
cancelled, revoked, or |
| 8 | | suspended; except that a conviction upon one or more
|
| 9 | | offenses against laws or ordinances regulating the |
| 10 | | movement of traffic
shall be deemed sufficient cause for |
| 11 | | the revocation, suspension, or
cancellation of a |
| 12 | | restricted driving permit. The Secretary of State may, as
|
| 13 | | a condition to the issuance of a restricted driving |
| 14 | | permit, require the
applicant to participate in a |
| 15 | | designated driver remedial or rehabilitative
program. The |
| 16 | | Secretary of State is authorized to cancel a restricted
|
| 17 | | driving permit if the permit holder does not successfully |
| 18 | | complete the program.
|
| 19 | | (F) A person subject to the provisions of paragraph 4 |
| 20 | | of subsection (b) of Section 6-208 of this Code may make |
| 21 | | application for a restricted driving permit at a hearing |
| 22 | | conducted under Section 2-118 of this Code after the |
| 23 | | expiration of 5 years from the effective date of the most |
| 24 | | recent revocation or after 5 years from the date of |
| 25 | | release from a period of imprisonment resulting from a |
| 26 | | conviction of the most recent offense, whichever is later, |
|
| | HB5501 | - 2093 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | provided the person, in addition to all other requirements |
| 2 | | of the Secretary, shows by clear and convincing evidence: |
| 3 | | (i) a minimum of 3 years of uninterrupted |
| 4 | | abstinence from alcohol and the unlawful use or |
| 5 | | consumption of cannabis under the Cannabis Control |
| 6 | | Act, a controlled substance under the Illinois |
| 7 | | Controlled Substances Act, an intoxicating compound |
| 8 | | under the Use of Intoxicating Compounds Act, or |
| 9 | | methamphetamine under the Methamphetamine Control and |
| 10 | | Community Protection Act; and |
| 11 | | (ii) the successful completion of any |
| 12 | | rehabilitative treatment and involvement in any |
| 13 | | ongoing rehabilitative activity that may be |
| 14 | | recommended by a properly licensed service provider |
| 15 | | according to an assessment of the person's alcohol or |
| 16 | | drug use under Section 11-501.01 of this Code. |
| 17 | | In determining whether an applicant is eligible for a |
| 18 | | restricted driving permit under this subparagraph (F), the |
| 19 | | Secretary may consider any relevant evidence, including, |
| 20 | | but not limited to, testimony, affidavits, records, and |
| 21 | | the results of regular alcohol or drug tests. Persons |
| 22 | | subject to the provisions of paragraph 4 of subsection (b) |
| 23 | | of Section 6-208 of this Code and who have been convicted |
| 24 | | of more than one violation of paragraph (3), paragraph |
| 25 | | (4), or paragraph (5) of subsection (a) of Section 11-501 |
| 26 | | of this Code shall not be eligible to apply for a |
|
| | HB5501 | - 2094 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | restricted driving permit under this subparagraph (F). |
| 2 | | A restricted driving permit issued under this |
| 3 | | subparagraph (F) shall provide that the holder may only |
| 4 | | operate motor vehicles equipped with an ignition interlock |
| 5 | | device as required under paragraph (2) of subsection (c) |
| 6 | | of Section 6-205 of this Code and subparagraph (A) of |
| 7 | | paragraph 3 of subsection (c) of this Section. The |
| 8 | | Secretary may revoke a restricted driving permit or amend |
| 9 | | the conditions of a restricted driving permit issued under |
| 10 | | this subparagraph (F) if the holder operates a vehicle |
| 11 | | that is not equipped with an ignition interlock device, or |
| 12 | | for any other reason authorized under this Code. |
| 13 | | A restricted driving permit issued under this |
| 14 | | subparagraph (F) shall be revoked, and the holder barred |
| 15 | | from applying for or being issued a restricted driving |
| 16 | | permit in the future, if the holder is convicted of a |
| 17 | | violation of Section 11-501 of this Code, a similar |
| 18 | | provision of a local ordinance, or a similar offense in |
| 19 | | another state. |
| 20 | | (c-3) In the case of a suspension under paragraph 43 of |
| 21 | | subsection (a), reports received by the Secretary of State |
| 22 | | under this Section shall, except during the actual time the |
| 23 | | suspension is in effect, be privileged information and for use |
| 24 | | only by the courts, police officers, prosecuting authorities, |
| 25 | | the driver licensing administrator of any other state, the |
| 26 | | Secretary of State, or the parent or legal guardian of a driver |
|
| | HB5501 | - 2095 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | under the age of 18. However, beginning January 1, 2008, if the |
| 2 | | person is a CDL holder, the suspension shall also be made |
| 3 | | available to the driver licensing administrator of any other |
| 4 | | state, the U.S. Department of Transportation, and the affected |
| 5 | | driver or motor
carrier or prospective motor carrier upon |
| 6 | | request.
|
| 7 | | (c-4) In the case of a suspension under paragraph 43 of |
| 8 | | subsection (a), the Secretary of State shall notify the person |
| 9 | | by mail that his or her driving privileges and driver's |
| 10 | | license will be suspended one month after the date of the |
| 11 | | mailing of the notice.
|
| 12 | | (c-5) The Secretary of State may, as a condition of the |
| 13 | | reissuance of a
driver's license or permit to an applicant |
| 14 | | whose driver's license or permit has
been suspended before he |
| 15 | | or she reached the age of 21 years pursuant to any of
the |
| 16 | | provisions of this Section, require the applicant to |
| 17 | | participate in a
driver remedial education course and be |
| 18 | | retested under Section 6-109 of this
Code.
|
| 19 | | (d) This Section is subject to the provisions of the |
| 20 | | Driver License
Compact.
|
| 21 | | (e) The Secretary of State shall not issue a restricted |
| 22 | | driving permit to
a person under the age of 16 years whose |
| 23 | | driving privileges have been suspended
or revoked under any |
| 24 | | provisions of this Code.
|
| 25 | | (f) In accordance with 49 C.F.R. 384, the Secretary of |
| 26 | | State may not issue a restricted driving permit for the |
|
| | HB5501 | - 2096 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | operation of a commercial motor vehicle to a person holding a |
| 2 | | CDL whose driving privileges have been suspended, revoked, |
| 3 | | cancelled, or disqualified under any provisions of this Code. |
| 4 | | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; |
| 5 | | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. |
| 6 | | 8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
|
| 7 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
|
| 8 | | Sec. 6-508. Commercial Driver's License (CDL); |
| 9 | | qualification (CDL) - qualification standards.
|
| 10 | | (a) Testing.
|
| 11 | | (1) General. No person shall be issued an original or |
| 12 | | renewal CDL
unless that person is
domiciled in this State |
| 13 | | or is applying for a non-domiciled CDL under Sections |
| 14 | | 6-509 and 6-510 of this Code. The Secretary shall cause to |
| 15 | | be administered such
tests as the Secretary deems |
| 16 | | necessary to meet the requirements of 49 CFR
C.F.R. Part |
| 17 | | 383, subparts F, G, H, and J.
|
| 18 | | (1.5) Effective July 1, 2014, no person shall be |
| 19 | | issued an original CDL or an upgraded CDL that requires a |
| 20 | | skills test unless that person has held a CLP, for a |
| 21 | | minimum of 14 calendar days, for the classification of |
| 22 | | vehicle and endorsement, if any, for which the person is |
| 23 | | seeking a CDL. |
| 24 | | (2) Third party testing. The Secretary of State may |
| 25 | | authorize a
"third party tester", pursuant to 49 CFR |
|
| | HB5501 | - 2097 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | C.F.R. 383.75 and 49 CFR C.F.R. 384.228 and 384.229, to |
| 2 | | administer the
skills test or tests specified by the |
| 3 | | Federal Motor Carrier Safety
Administration pursuant to |
| 4 | | the
Commercial Motor Vehicle Safety Act of 1986 and any |
| 5 | | appropriate federal rule.
|
| 6 | | (3)(i) Effective February 7, 2020, unless the person |
| 7 | | is exempted by 49 CFR 380.603, no person shall be issued an |
| 8 | | original (first time issuance) CDL, an upgraded CDL or a |
| 9 | | school bus (S), passenger (P), or hazardous Materials (H) |
| 10 | | endorsement unless the person has successfully completed |
| 11 | | entry-level driver training (ELDT) taught by a training |
| 12 | | provider listed on the federal Training Provider Registry. |
| 13 | | (ii) Persons who obtain a CLP before February 7, 2020 |
| 14 | | are not required to complete ELDT if the person obtains a |
| 15 | | CDL before the CLP or renewed CLP expires. |
| 16 | | (iii) Except for persons seeking the H endorsement, |
| 17 | | persons must complete the theory and behind-the-wheel |
| 18 | | (range and public road) portions of ELDT within one year |
| 19 | | of completing the first portion. |
| 20 | | (iv) The Secretary shall adopt rules to implement this |
| 21 | | subsection.
|
| 22 | | (b) Waiver of Skills Test. The Secretary of State may |
| 23 | | waive the skills
test specified in this Section for a driver |
| 24 | | applicant for a commercial driver license
who meets the |
| 25 | | requirements of 49 CFR C.F.R. 383.77.
The Secretary of State |
| 26 | | shall waive the skills tests specified in this Section for a |
|
| | HB5501 | - 2098 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | driver applicant who has military commercial motor vehicle |
| 2 | | experience, subject to the requirements of 49 CFR C.F.R. |
| 3 | | 383.77.
|
| 4 | | (b-1) No person shall be issued a CDL unless the person |
| 5 | | certifies to the Secretary one of the following types of |
| 6 | | driving operations in which he or she will be engaged: |
| 7 | | (1) non-excepted interstate; |
| 8 | | (2) non-excepted intrastate; |
| 9 | | (3) excepted interstate; or |
| 10 | | (4) excepted intrastate. |
| 11 | | (b-2) (Blank). |
| 12 | | (c) Limitations on issuance of a CDL. A CDL shall not be |
| 13 | | issued to a person while the person is
subject to a |
| 14 | | disqualification from driving a commercial motor vehicle, or
|
| 15 | | unless otherwise permitted by this Code, while the person's |
| 16 | | driver's
license is suspended, revoked, or cancelled in
any |
| 17 | | state, or any territory or province of Canada; nor may a CLP or |
| 18 | | CDL be issued
to a person who has a CLP or CDL issued by any |
| 19 | | other state, or foreign
jurisdiction, nor may a CDL be issued |
| 20 | | to a person who has an Illinois CLP unless the person first |
| 21 | | surrenders all of these
licenses or permits. However, a person |
| 22 | | may hold an Illinois CLP and an Illinois CDL providing the CLP |
| 23 | | is necessary to train or practice for an endorsement or |
| 24 | | vehicle classification not present on the current CDL. No CDL |
| 25 | | shall be issued to or renewed for a person who does not
meet |
| 26 | | the requirement of 49 CFR 391.41(b)(11). The requirement may |
|
| | HB5501 | - 2099 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be met with
the aid of a hearing aid.
|
| 2 | | (c-1) The Secretary may issue a CDL with a school bus |
| 3 | | driver endorsement
to allow a person to drive the type of bus |
| 4 | | described in subsection (d-5) of
Section 6-104 of this Code. |
| 5 | | The CDL with a school bus driver endorsement may be
issued only |
| 6 | | to a person meeting the following requirements:
|
| 7 | | (1) the person has submitted his or her fingerprints |
| 8 | | to the Illinois
State Police in the form and manner
|
| 9 | | prescribed by the Illinois State Police. These
|
| 10 | | fingerprints shall be checked against the fingerprint |
| 11 | | records
now and hereafter filed in the Illinois State |
| 12 | | Police and
Federal Bureau of Investigation criminal |
| 13 | | history records databases;
|
| 14 | | (2) the person has passed a written test, administered |
| 15 | | by the Secretary of
State, on charter bus operation, |
| 16 | | charter bus safety, and certain special
traffic laws
|
| 17 | | relating to school buses determined by the Secretary of |
| 18 | | State to be relevant to
charter buses, and submitted to a |
| 19 | | review of the driver applicant's driving
habits by the |
| 20 | | Secretary of State at the time the written test is given;
|
| 21 | | (3) the person has demonstrated physical fitness to |
| 22 | | operate school buses
by
submitting the results of a |
| 23 | | medical examination, including tests for drug
use; and
|
| 24 | | (4) the person has not been convicted of committing or |
| 25 | | attempting
to commit any
one or more of the following |
| 26 | | offenses: (i) those offenses defined in
Sections 8-1.2, |
|
| | HB5501 | - 2100 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, |
| 2 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, |
| 3 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
|
| 4 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, |
| 5 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, |
| 6 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, |
| 7 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, |
| 8 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1, |
| 9 | | 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, |
| 10 | | 12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, |
| 11 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5, |
| 12 | | 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, |
| 13 | | 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, |
| 14 | | 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, |
| 15 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, |
| 16 | | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in |
| 17 | | subsection (b) of Section 8-1, and in subdivisions (a)(1), |
| 18 | | (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) |
| 19 | | of Section 12-3.05, and in subsection (a) and subsection |
| 20 | | (b), clause (1), of Section
12-4, and in subsection (A), |
| 21 | | clauses (a) and (b), of Section 24-3, and those offenses |
| 22 | | contained in Article 29D of the Criminal Code of 1961 or |
| 23 | | the Criminal Code of 2012; (ii) those offenses defined in |
| 24 | | the
Cannabis Control Act except those offenses defined in |
| 25 | | subsections (a) and
(b) of Section 4, and subsection (a) |
| 26 | | of Section 5 of the Cannabis Control
Act; (iii) those |
|
| | HB5501 | - 2101 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | offenses defined in the Illinois Controlled Substances
|
| 2 | | Act; (iv) those offenses defined in the Methamphetamine |
| 3 | | Control and Community Protection Act; (v) any offense |
| 4 | | committed or attempted in any other state or against
the |
| 5 | | laws of the United States, which if committed or attempted |
| 6 | | in this
State would be punishable as one or more of the |
| 7 | | foregoing offenses; (vi)
the offenses defined in Sections |
| 8 | | 4.1 and 5.1 of the Wrongs to Children Act or Section |
| 9 | | 11-9.1A of the Criminal Code of 1961 or the Criminal Code |
| 10 | | of 2012; (vii) those offenses defined in Section 6-16 of |
| 11 | | the Liquor Control Act of
1934; and (viii) those offenses |
| 12 | | defined in the Methamphetamine Precursor Control Act.
|
| 13 | | The Illinois State Police shall charge
a fee for |
| 14 | | conducting the criminal history records check, which shall be
|
| 15 | | deposited into the State Police Services Fund and may not |
| 16 | | exceed the actual
cost of the records check.
|
| 17 | | (c-2) The Secretary shall issue a CDL with a school bus |
| 18 | | endorsement to allow a person to drive a school bus as defined |
| 19 | | in this Section. The CDL shall be issued according to the |
| 20 | | requirements outlined in 49 CFR C.F.R. 383. A person may not |
| 21 | | operate a school bus as defined in this Section without a |
| 22 | | school bus endorsement. The Secretary of State may adopt rules |
| 23 | | consistent with Federal guidelines to implement this |
| 24 | | subsection (c-2).
|
| 25 | | (d) (Blank).
|
| 26 | | (Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21; |
|
| | HB5501 | - 2102 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised |
| 2 | | 10-12-21.)
|
| 3 | | (625 ILCS 5/11-212)
|
| 4 | | Sec. 11-212. Traffic and pedestrian stop statistical |
| 5 | | study.
|
| 6 | | (a) Whenever a State or local law enforcement officer |
| 7 | | issues a
uniform traffic citation or warning citation for an |
| 8 | | alleged
violation of the Illinois Vehicle Code, he or she |
| 9 | | shall
record at least the following:
|
| 10 | | (1) the name, address, gender, and
the officer's |
| 11 | | subjective determination of the race of
the person
|
| 12 | | stopped; the person's race shall be selected from the |
| 13 | | following list:
American Indian or Alaska Native, Asian, |
| 14 | | Black or African American, Hispanic or Latino, Native |
| 15 | | Hawaiian or Other Pacific Islander, or White;
|
| 16 | | (2) the alleged traffic violation that led to the
stop |
| 17 | | of the motorist;
|
| 18 | | (3) the make and year of the vehicle
stopped;
|
| 19 | | (4) the date and time of the stop, beginning when the |
| 20 | | vehicle was stopped and ending when the driver is free to |
| 21 | | leave or taken into physical custody;
|
| 22 | | (5) the location of the traffic stop; |
| 23 | | (5.5) whether or not a consent search contemporaneous |
| 24 | | to the stop was requested of the vehicle, driver, |
| 25 | | passenger, or passengers; and, if so, whether consent was |
|
| | HB5501 | - 2103 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | given or denied;
|
| 2 | | (6) whether or not a search contemporaneous to the |
| 3 | | stop was conducted of
the
vehicle, driver, passenger, or |
| 4 | | passengers; and, if so, whether it was with
consent or by |
| 5 | | other means; |
| 6 | | (6.2) whether or not a police dog performed a sniff of |
| 7 | | the vehicle; and, if so, whether or not the dog alerted to |
| 8 | | the presence of contraband; and, if so, whether or not an |
| 9 | | officer searched the vehicle; and, if so, whether or not |
| 10 | | contraband was discovered; and, if so, the type and amount |
| 11 | | of contraband; |
| 12 | | (6.5) whether or not contraband was found during a |
| 13 | | search; and, if so, the type and amount of contraband |
| 14 | | seized; and
|
| 15 | | (7) the name and badge number of the issuing officer.
|
| 16 | | (b) Whenever a State or local law enforcement officer |
| 17 | | stops a
motorist for an alleged violation of the Illinois |
| 18 | | Vehicle Code
and does not issue a uniform traffic citation or
|
| 19 | | warning citation for an alleged violation of the Illinois
|
| 20 | | Vehicle Code, he or she shall complete a uniform stop card, |
| 21 | | which includes
field
contact cards, or any other existing form |
| 22 | | currently used by law enforcement
containing
information |
| 23 | | required pursuant to this Act,
that records
at least the |
| 24 | | following:
|
| 25 | | (1) the name, address, gender,
and
the officer's |
| 26 | | subjective determination of the race of the person
|
|
| | HB5501 | - 2104 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | stopped; the person's race shall be selected from the |
| 2 | | following list:
American Indian or Alaska Native, Asian, |
| 3 | | Black or African American, Hispanic or Latino, Native |
| 4 | | Hawaiian or Other Pacific Islander, or White;
|
| 5 | | (2) the reason that led to the stop of the
motorist;
|
| 6 | | (3) the make and year of the vehicle
stopped;
|
| 7 | | (4) the date and time of the stop, beginning when the |
| 8 | | vehicle was stopped and ending when the driver is free to |
| 9 | | leave or taken into physical custody;
|
| 10 | | (5) the location of the traffic stop; |
| 11 | | (5.5) whether or not a consent search contemporaneous |
| 12 | | to the stop was requested of the vehicle, driver, |
| 13 | | passenger, or passengers; and, if so, whether consent was |
| 14 | | given or denied;
|
| 15 | | (6) whether or not a search contemporaneous to the |
| 16 | | stop was conducted of
the
vehicle, driver, passenger, or |
| 17 | | passengers; and, if so, whether it was with
consent or by |
| 18 | | other means; |
| 19 | | (6.2) whether or not a police dog performed a sniff of |
| 20 | | the vehicle; and, if so, whether or not the dog alerted to |
| 21 | | the presence of contraband; and, if so, whether or not an |
| 22 | | officer searched the vehicle; and, if so, whether or not |
| 23 | | contraband was discovered; and, if so, the type and amount |
| 24 | | of contraband; |
| 25 | | (6.5) whether or not contraband was found during a |
| 26 | | search; and, if so, the type and amount of contraband |
|
| | HB5501 | - 2105 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | seized; and
|
| 2 | | (7) the name and badge number of the issuing
officer.
|
| 3 | | (b-5) For purposes of this subsection (b-5), "detention" |
| 4 | | means all frisks, searches, summons, and arrests. Whenever a |
| 5 | | law enforcement officer subjects a pedestrian to detention in |
| 6 | | a public place, he or she shall complete a uniform pedestrian |
| 7 | | stop card, which includes any existing form currently used by |
| 8 | | law enforcement containing all the information required under |
| 9 | | this Section, that records at least the following: |
| 10 | | (1) the gender, and the officer's subjective |
| 11 | | determination of the race of the person stopped; the |
| 12 | | person's race shall be selected from the following list: |
| 13 | | American Indian or Alaska Native, Asian, Black or African |
| 14 | | American, Hispanic or Latino, Native Hawaiian or Other |
| 15 | | Pacific Islander, or White; |
| 16 | | (2) all the alleged reasons that led to the stop of the |
| 17 | | person; |
| 18 | | (3) the date and time of the stop; |
| 19 | | (4) the location of the stop; |
| 20 | | (5) whether or not a protective pat down or frisk was |
| 21 | | conducted of the person; and, if so, all the alleged |
| 22 | | reasons that led to the protective pat down or frisk, and |
| 23 | | whether it was with consent or by other means; |
| 24 | | (6) whether or not contraband was found during the |
| 25 | | protective pat down or frisk; and, if so, the type and |
| 26 | | amount of contraband seized; |
|
| | HB5501 | - 2106 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (7) whether or not a search beyond a protective pat |
| 2 | | down or frisk was conducted of the person or his or her |
| 3 | | effects; and, if so, all the alleged reasons that led to |
| 4 | | the search, and whether it was with consent or by other |
| 5 | | means; |
| 6 | | (8) whether or not contraband was found during the |
| 7 | | search beyond a protective pat down or frisk; and, if so, |
| 8 | | the type and amount of contraband seized; |
| 9 | | (9) the disposition of the stop, such as a warning, a |
| 10 | | ticket, a summons, or an arrest; |
| 11 | | (10) if a summons or ticket was issued, or an arrest |
| 12 | | made, a record of the violations, offenses, or crimes |
| 13 | | alleged or charged; and |
| 14 | | (11) the name and badge number of the officer who |
| 15 | | conducted the detention. |
| 16 | | This subsection (b-5) does not apply to searches or |
| 17 | | inspections for compliance authorized under the Fish and |
| 18 | | Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, |
| 19 | | or searches or inspections during routine security screenings |
| 20 | | at facilities or events. |
| 21 | | (c) The Illinois Department of Transportation shall |
| 22 | | provide a
standardized law
enforcement data compilation form |
| 23 | | on its website.
|
| 24 | | (d) Every law enforcement agency shall, by March 1 with |
| 25 | | regard to data collected during July through December of the |
| 26 | | previous calendar year and by August 1 with regard to data |
|
| | HB5501 | - 2107 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | collected during January through June of the current calendar |
| 2 | | year, compile the data described in subsections (a), (b), and |
| 3 | | (b-5) on
the
standardized law enforcement data compilation |
| 4 | | form provided by the Illinois
Department
of Transportation and |
| 5 | | transmit the data to the Department.
|
| 6 | | (e) The Illinois Department of Transportation shall |
| 7 | | analyze the data
provided
by law
enforcement agencies required |
| 8 | | by this Section and submit a report of the
previous year's
|
| 9 | | findings to the
Governor, the General Assembly, the Racial |
| 10 | | Profiling Prevention and Data Oversight Board, and each law |
| 11 | | enforcement agency no later than
July 1
of each year. The |
| 12 | | Illinois Department of
Transportation may contract with
an |
| 13 | | outside entity for the analysis of the data provided. In |
| 14 | | analyzing the data
collected
under this Section, the analyzing |
| 15 | | entity shall scrutinize the data for evidence
of statistically
|
| 16 | | significant aberrations. The following list, which
is |
| 17 | | illustrative, and not exclusive, contains examples of areas in |
| 18 | | which
statistically
significant aberrations may be found:
|
| 19 | | (1) The percentage of minority drivers, passengers, or |
| 20 | | pedestrians being stopped in a
given
area
is substantially |
| 21 | | higher than the proportion of the overall population in or
|
| 22 | | traveling
through the area that the minority constitutes.
|
| 23 | | (2) A substantial number of false stops including |
| 24 | | stops not resulting in
the
issuance of a traffic ticket or |
| 25 | | the making of an arrest.
|
| 26 | | (3) A disparity between the proportion of citations |
|
| | HB5501 | - 2108 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | issued to minorities
and
proportion of minorities in the |
| 2 | | population.
|
| 3 | | (4) A disparity among the officers of the same law |
| 4 | | enforcement agency with
regard to the number of minority |
| 5 | | drivers, passengers, or pedestrians being stopped in a |
| 6 | | given
area.
|
| 7 | | (5) A disparity between the frequency of searches |
| 8 | | performed on minority
drivers or pedestrians
and the |
| 9 | | frequency of searches performed on non-minority drivers or |
| 10 | | pedestrians.
|
| 11 | | (f) Any law enforcement officer identification information |
| 12 | | and driver or pedestrian
identification information
that is
|
| 13 | | compiled by any law enforcement agency or the Illinois |
| 14 | | Department of
Transportation
pursuant to this Act for
the |
| 15 | | purposes of fulfilling the requirements of this Section shall |
| 16 | | be
confidential and exempt
from
public inspection and copying, |
| 17 | | as provided under Section 7 of the Freedom of
Information
Act,
|
| 18 | | and the information shall not be transmitted to anyone except |
| 19 | | as needed to
comply with
this Section. This Section shall not |
| 20 | | exempt those materials that, prior to the
effective date of |
| 21 | | this
amendatory Act of the 93rd General Assembly, were |
| 22 | | available under the Freedom
of
Information Act. This |
| 23 | | subsection (f) shall not preclude law enforcement agencies |
| 24 | | from reviewing data to perform internal reviews.
|
| 25 | | (g) Funding to implement this Section shall come from |
| 26 | | federal highway
safety
funds available to Illinois, as |
|
| | HB5501 | - 2109 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | directed by the Governor.
|
| 2 | | (h) The Illinois Criminal Justice Information Authority, |
| 3 | | in consultation with
law enforcement agencies, officials, and |
| 4 | | organizations, including Illinois
chiefs of police,
the |
| 5 | | Illinois State Police, the Illinois Sheriffs Association, and |
| 6 | | the
Chicago Police
Department, and community groups and other |
| 7 | | experts, shall undertake a study to
determine the best use of |
| 8 | | technology to collect, compile, and analyze the
traffic stop
|
| 9 | | statistical study data required by this Section. The |
| 10 | | Department shall report
its findings
and recommendations to |
| 11 | | the Governor and the General Assembly by March 1, 2022. |
| 12 | | (h-1) The Traffic and Pedestrian Stop Data Use and |
| 13 | | Collection Task Force is hereby created. |
| 14 | | (1) The Task Force shall undertake a study to |
| 15 | | determine the best use of technology to collect, compile, |
| 16 | | and analyze the traffic stop statistical study data |
| 17 | | required by this Section. |
| 18 | | (2) The Task Force shall be an independent Task Force |
| 19 | | under the Illinois Criminal Justice Information Authority |
| 20 | | for administrative purposes, and shall consist of the |
| 21 | | following members: |
| 22 | | (A) 2 academics or researchers who have studied |
| 23 | | issues related to traffic or pedestrian stop data |
| 24 | | collection and have education or expertise in |
| 25 | | statistics; |
| 26 | | (B) one professor from an Illinois university who |
|
| | HB5501 | - 2111 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (4) The Task Force shall report its findings and |
| 2 | | recommendations to the Governor and the General Assembly |
| 3 | | by March 1, 2022 and every 3 years after. |
| 4 | | (h-5) For purposes of this Section: |
| 5 | | (1) "American Indian or Alaska Native" means a person |
| 6 | | having origins in any of the original peoples of North and |
| 7 | | South America, including Central America, and who |
| 8 | | maintains tribal affiliation or community attachment. |
| 9 | | (2) "Asian" means a person having origins in any of |
| 10 | | the original peoples of the Far East, Southeast Asia, or |
| 11 | | the Indian subcontinent, including, but not limited to, |
| 12 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
| 13 | | the Philippine Islands, Thailand, and Vietnam. |
| 14 | | (2.5) "Badge" means an officer's department issued |
| 15 | | identification number associated with his or her position |
| 16 | | as a police officer with that department. |
| 17 | | (3) "Black or African American" means a person having |
| 18 | | origins in any of the black racial groups of Africa. |
| 19 | | (4) "Hispanic or Latino" means a person of Cuban, |
| 20 | | Mexican, Puerto Rican, South or Central American, or other |
| 21 | | Spanish culture or origin, regardless of race. |
| 22 | | (5) "Native Hawaiian or Other Pacific Islander" means |
| 23 | | a person having origins in any of the original peoples of |
| 24 | | Hawaii, Guam, Samoa, or other Pacific Islands. |
| 25 | | (6) "White" means a person having origins in any of |
| 26 | | the original peoples of Europe, the Middle East, or North |
|
| | HB5501 | - 2112 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Africa. |
| 2 | | (i) (Blank).
|
| 3 | | (Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22; |
| 4 | | 102-538, eff. 8-20-21; revised 9-21-21.)
|
| 5 | | (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
|
| 6 | | Sec. 11-907. Operation of vehicles and streetcars on |
| 7 | | approach of authorized
emergency
vehicles. |
| 8 | | (a) Upon the immediate approach of an authorized emergency |
| 9 | | vehicle
making use of audible and visual signals meeting the |
| 10 | | requirements of this
Code or a police vehicle properly and |
| 11 | | lawfully making use of an audible
or visual signal:
|
| 12 | | (1) the driver of every other vehicle
shall yield the |
| 13 | | right-of-way and shall immediately drive to a position
|
| 14 | | parallel to, and as close as possible to, the right-hand |
| 15 | | edge or curb of
the highway clear of any intersection and |
| 16 | | shall, if necessary to permit
the safe passage of the |
| 17 | | emergency vehicle, stop and remain
in such position until |
| 18 | | the authorized emergency vehicle has passed, unless
|
| 19 | | otherwise directed by a police officer; and
|
| 20 | | (2) the operator of every streetcar shall
immediately |
| 21 | | stop such
car clear of any intersection and keep it in such |
| 22 | | position until the
authorized emergency vehicle has |
| 23 | | passed, unless otherwise
directed by
a police officer.
|
| 24 | | (b) This Section shall not operate to relieve the driver |
| 25 | | of an
authorized emergency vehicle from the duty to drive with |
|
| | HB5501 | - 2113 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | due regard for the
safety of all persons using the highway.
|
| 2 | | (c) Upon approaching a stationary authorized emergency |
| 3 | | vehicle, when the
authorized emergency vehicle is giving a |
| 4 | | signal by displaying alternately
flashing
red, red and white, |
| 5 | | blue, or red and blue lights or amber or yellow warning
lights, |
| 6 | | a
person who drives an approaching vehicle shall:
|
| 7 | | (1) proceeding with due caution, yield the |
| 8 | | right-of-way by making a
lane change into a lane not |
| 9 | | adjacent to that of the authorized
emergency vehicle, if |
| 10 | | possible with due regard to safety and traffic
conditions, |
| 11 | | if on a highway having at least 4 lanes with not less
than |
| 12 | | 2 lanes proceeding in the same direction as the |
| 13 | | approaching
vehicle; or
|
| 14 | | (2) if changing lanes would be impossible or unsafe, |
| 15 | | proceeding with due caution, reduce the speed of the |
| 16 | | vehicle,
maintaining a safe speed for road conditions and |
| 17 | | leaving a safe distance until safely past the stationary |
| 18 | | emergency vehicles.
|
| 19 | | The visual signal specified under this subsection (c) |
| 20 | | given by an authorized emergency vehicle is an indication to |
| 21 | | drivers of approaching vehicles that a hazardous condition is |
| 22 | | present when circumstances are not immediately clear. Drivers |
| 23 | | of vehicles approaching a stationary emergency vehicle in any |
| 24 | | lane shall heed the warning of the signal, reduce the speed of |
| 25 | | the vehicle, proceed with due caution, maintain a safe speed |
| 26 | | for road conditions, be prepared to stop, and leave a safe |
|
| | HB5501 | - 2114 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | distance until safely passed the stationary emergency vehicle. |
| 2 | | As used in this subsection (c), "authorized emergency |
| 3 | | vehicle"
includes any vehicle authorized by law to be equipped |
| 4 | | with oscillating,
rotating, or flashing lights under Section |
| 5 | | 12-215 of this Code, while the owner
or operator of the vehicle |
| 6 | | is engaged in his or her official duties.
|
| 7 | | (d) A person who violates subsection (c) of this Section |
| 8 | | commits a business
offense punishable by a fine of not less |
| 9 | | than $250 or more than $10,000 for a first violation, and a |
| 10 | | fine of not less than $750 or more than $10,000 for a second or |
| 11 | | subsequent violation. It is a factor in
aggravation if the |
| 12 | | person committed the offense while in violation of Section
|
| 13 | | 11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the |
| 14 | | penalties authorized by this subsection (d) for a violation of |
| 15 | | subsection (c) of this Section that results in the death of
|
| 16 | | another person does not preclude imposition of appropriate |
| 17 | | additional civil or criminal penalties. A person who violates |
| 18 | | subsection (c) and the violation results in damage to another |
| 19 | | vehicle commits a Class A misdemeanor. A person who violates |
| 20 | | subsection (c) and the violation results in the injury or |
| 21 | | death of another person commits a Class 4 felony.
|
| 22 | | (e) If a violation of subsection (c) of this Section |
| 23 | | results in damage to
the
property of another person, in |
| 24 | | addition to any other penalty imposed,
the person's driving |
| 25 | | privileges shall be suspended for a fixed
period of not less |
| 26 | | than 90 days and not more than one year.
|
|
| | HB5501 | - 2115 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (f) If a violation of subsection (c) of this Section |
| 2 | | results in injury to
another
person, in addition to any other |
| 3 | | penalty imposed,
the person's driving privileges shall be |
| 4 | | suspended for a fixed period of not
less
than 180
days and not |
| 5 | | more than 2 years.
|
| 6 | | (g) If a violation of subsection (c) of this Section |
| 7 | | results in the death of
another person, in addition to any |
| 8 | | other penalty imposed,
the person's driving privileges shall |
| 9 | | be suspended for 2 years.
|
| 10 | | (h) The Secretary of State shall, upon receiving a record |
| 11 | | of a judgment
entered against a person under subsection (c) of |
| 12 | | this Section:
|
| 13 | | (1) suspend the person's driving privileges for the |
| 14 | | mandatory period; or
|
| 15 | | (2) extend the period of an existing suspension by the |
| 16 | | appropriate
mandatory period.
|
| 17 | | (i) The Scott's Law Fund shall be a special fund in the |
| 18 | | State treasury. Subject to appropriation by the General |
| 19 | | Assembly and approval by the Director, the Director of the |
| 20 | | State Police shall use all moneys in the Scott's Law Fund in |
| 21 | | the Department's discretion to fund the production of |
| 22 | | materials to educate drivers on approaching stationary |
| 23 | | authorized emergency vehicles, to hire off-duty Department of |
| 24 | | State Police for enforcement of this Section, and for other |
| 25 | | law enforcement purposes the Director deems necessary in these |
| 26 | | efforts. |
|
| | HB5501 | - 2116 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (j) For violations of this Section issued by a county or |
| 2 | | municipal police officer, the assessment shall be deposited |
| 3 | | into the county's or municipality's Transportation Safety |
| 4 | | Highway Hire-back Fund. The county shall use the moneys in its |
| 5 | | Transportation Safety Highway Hire-back Fund to hire off-duty |
| 6 | | county police officers to monitor construction or maintenance |
| 7 | | zones in that county on highways other than interstate |
| 8 | | highways. The county, in its discretion, may also use a |
| 9 | | portion of the moneys in its Transportation Safety Highway |
| 10 | | Hire-back Fund to purchase equipment for county law |
| 11 | | enforcement and fund the production of materials to educate |
| 12 | | drivers on construction zone safe driving habits and |
| 13 | | approaching stationary authorized emergency vehicles. |
| 14 | | (k) In addition to other penalties imposed by this |
| 15 | | Section, the court may order a person convicted of a violation |
| 16 | | of subsection (c) to perform community service as determined |
| 17 | | by the court. |
| 18 | | (Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; |
| 19 | | 102-338, eff. 1-1-22; revised 9-21-21.)
|
| 20 | | (625 ILCS 5/11-1201.1)
|
| 21 | | Sec. 11-1201.1. Automated railroad crossing enforcement |
| 22 | | system.
|
| 23 | | (a) For the purposes of this Section, an automated |
| 24 | | railroad grade crossing
enforcement system is a system in a |
| 25 | | municipality or county operated by a governmental agency that |
|
| | HB5501 | - 2117 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | produces a recorded image of a motor vehicle's violation of a |
| 2 | | provision of this Code or local ordinance and is designed to |
| 3 | | obtain a clear recorded image of the vehicle and vehicle's |
| 4 | | license plate. The recorded image must also display the time, |
| 5 | | date, and location of the violation. |
| 6 | | As used in this Section, "recorded images" means images |
| 7 | | recorded by an automated railroad grade crossing enforcement |
| 8 | | system on: |
| 9 | | (1) 2 or more photographs; |
| 10 | | (2) 2 or more microphotographs; |
| 11 | | (3) 2 or more electronic images; or |
| 12 | | (4) a video recording showing the motor vehicle and, |
| 13 | | on at least one image or portion of the recording, clearly |
| 14 | | identifying the registration plate or digital registration |
| 15 | | plate number of the motor vehicle.
|
| 16 | | (b) The Illinois
Commerce Commission may, in cooperation |
| 17 | | with a
local law enforcement agency, establish in any county |
| 18 | | or municipality an automated
railroad grade crossing |
| 19 | | enforcement system at any railroad grade crossing equipped |
| 20 | | with a crossing gate designated by local authorities. Local |
| 21 | | authorities desiring the establishment of an automated |
| 22 | | railroad crossing enforcement system must initiate the process |
| 23 | | by enacting a local ordinance requesting the creation of such |
| 24 | | a system. After the ordinance has been enacted, and before any |
| 25 | | additional steps toward the establishment of the system are |
| 26 | | undertaken, the local authorities and the Commission must |
|
| | HB5501 | - 2118 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | agree to a plan for obtaining, from any combination of |
| 2 | | federal, State, and local funding sources, the moneys required |
| 3 | | for the purchase and installation of any necessary equipment.
|
| 4 | | (b-1) (Blank).)
|
| 5 | | (c) For each violation of Section 11-1201 of this Code or a |
| 6 | | local ordinance recorded by an automated railroad grade |
| 7 | | crossing enforcement system, the county or municipality having |
| 8 | | jurisdiction shall issue a written notice of the violation to |
| 9 | | the registered owner of the vehicle as the alleged violator. |
| 10 | | The notice shall be delivered to the registered owner of the |
| 11 | | vehicle, by mail, no later than 90 days after the violation. |
| 12 | | The notice shall include: |
| 13 | | (1) the name and address of the registered owner of |
| 14 | | the vehicle; |
| 15 | | (2) the registration number of the motor vehicle |
| 16 | | involved in the violation; |
| 17 | | (3) the violation charged; |
| 18 | | (4) the location where the violation occurred; |
| 19 | | (5) the date and time of the violation; |
| 20 | | (6) a copy of the recorded images; |
| 21 | | (7) the amount of the civil penalty imposed and the |
| 22 | | date by which the civil penalty should be paid; |
| 23 | | (8) a statement that recorded images are evidence of a |
| 24 | | violation of a railroad grade crossing; |
| 25 | | (9) a warning that failure to pay the civil penalty or |
| 26 | | to contest liability in a timely manner is an admission of |
|
| | HB5501 | - 2121 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (i) If any part or parts of this Section are held by a |
| 2 | | court of competent
jurisdiction to be unconstitutional, the |
| 3 | | unconstitutionality shall not affect
the validity of the |
| 4 | | remaining parts of this Section. The General Assembly
hereby |
| 5 | | declares that it would have passed the remaining parts of this |
| 6 | | Section
if it had known that the other part or parts of this |
| 7 | | Section would be declared
unconstitutional.
|
| 8 | | (j) Penalty. A civil fine of
$250 shall be imposed for a |
| 9 | | first violation of this Section, and a civil fine of $500 shall |
| 10 | | be
imposed for a second or subsequent violation of this |
| 11 | | Section.
|
| 12 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; |
| 13 | | revised 11-24-21.)
|
| 14 | | (625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
|
| 15 | | Sec. 13-108. Hearing on complaint against official testing |
| 16 | | station or official portable emissions testing company; |
| 17 | | suspension or
revocation of permit. If it appears to the |
| 18 | | Department, either through its own investigation or
upon |
| 19 | | charges verified under oath, that any of the provisions of |
| 20 | | this
Chapter or the rules and regulations of the Department, |
| 21 | | are being violated,
the Department, shall, after notice to the |
| 22 | | person, firm, or corporation
charged with such violation, |
| 23 | | conduct a hearing. At least 10 days prior to
the date of such |
| 24 | | hearing the Department shall cause to be served upon the
|
| 25 | | person, firm, or corporation charged with such violation, a |
|
| | HB5501 | - 2122 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | copy of such
charge or charges by registered mail or by the |
| 2 | | personal service thereof,
together with a notice specifying |
| 3 | | the time and place of such hearing. At
the time and place |
| 4 | | specified in such notice, the person, firm, or corporation
|
| 5 | | charged with such violation shall be given an opportunity to |
| 6 | | appear in
person or by counsel and to be heard by the Secretary |
| 7 | | of Transportation or
an officer or employee of the Department |
| 8 | | designated in writing by him to
conduct such hearing. If it |
| 9 | | appears from the hearing that such person, firm,
or |
| 10 | | corporation is guilty of the charge preferred against the |
| 11 | | person, firm, or corporation him or it, the
Secretary of |
| 12 | | Transportation may order the permit suspended or revoked, and
|
| 13 | | the bond forfeited. Any such revocation or suspension shall |
| 14 | | not be a bar to
subsequent arrest and prosecution for |
| 15 | | violation of this Chapter.
|
| 16 | | (Source: P.A. 102-566, eff. 1-1-22; revised 11-24-21.)
|
| 17 | | (625 ILCS 5/13-109.1)
|
| 18 | | Sec. 13-109.1. Annual emission inspection tests;
|
| 19 | | standards; penalties;
funds. |
| 20 | | (a) For each diesel powered vehicle that (i) is registered |
| 21 | | for a gross
weight of
more than 16,000 pounds, (ii) is |
| 22 | | registered within an affected area, and
(iii) is a 2 year
or |
| 23 | | older model year, an annual emission
inspection test
shall be |
| 24 | | conducted at an official testing station or by an official |
| 25 | | portable emissions testing company certified by the Illinois
|
|
| | HB5501 | - 2123 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department
of Transportation to perform
diesel emission |
| 2 | | inspections pursuant to the standards set forth in
subsection
|
| 3 | | (b) of this
Section. This annual emission inspection test may |
| 4 | | be conducted in conjunction
with a
semi-annual safety test.
|
| 5 | | (a-5) (Blank).
|
| 6 | | (b) Diesel emission inspections conducted under this |
| 7 | | Chapter 13 shall be
conducted in accordance with the Society |
| 8 | | of Automotive Engineers Recommended
Practice J1667
|
| 9 | | "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel |
| 10 | | Powered
Vehicles" and the cutpoint standards set forth in the |
| 11 | | United States
Environmental Protection Agency guidance
|
| 12 | | document "Guidance to States on Smoke Opacity Cutpoints to be |
| 13 | | used with the
SAE J1667 In-Use Smoke Test Procedure". Those |
| 14 | | procedures and standards, as
now in effect, are made a part of |
| 15 | | this Code, in the same manner as though they
were set out in |
| 16 | | full in this Code.
|
| 17 | | Notwithstanding the above cutpoint standards, for motor |
| 18 | | vehicles that are
model years 1973 and
older, until
December |
| 19 | | 31,
2002, the level of peak smoke opacity shall not exceed 70 |
| 20 | | percent. Beginning
January
1, 2003, for motor vehicles that |
| 21 | | are model years 1973 and older, the level of
peak smoke
opacity |
| 22 | | shall not exceed 55 percent.
|
| 23 | | (c) If the annual emission inspection under subsection (a) |
| 24 | | reveals
that the vehicle is not in compliance with
the
diesel |
| 25 | | emission standards set forth in subsection (b) of this |
| 26 | | Section, the
operator of the
official
testing station or |
|
| | HB5501 | - 2124 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | official portable emissions testing company shall issue a |
| 2 | | warning notice requiring correction of the
violation. The |
| 3 | | correction shall be made and the vehicle submitted to an
|
| 4 | | emissions retest at an official testing station or official |
| 5 | | portable emissions testing company certified by the Department |
| 6 | | to
perform diesel emission inspections within 30 days from the |
| 7 | | issuance of the
warning notice requiring correction of the |
| 8 | | violation.
|
| 9 | | If, within 30 days from the issuance of the warning |
| 10 | | notice, the vehicle is
not in compliance with the diesel
|
| 11 | | emission standards set forth in subsection (b) as determined |
| 12 | | by an emissions
retest at an official testing station or |
| 13 | | through an official portable emissions testing company, the |
| 14 | | certified emissions testing operator or the Department shall |
| 15 | | place the vehicle out-of-service in
accordance with the rules |
| 16 | | promulgated by the Department. Operating a vehicle
that has |
| 17 | | been placed out-of-service under this subsection (c) is a |
| 18 | | petty
offense punishable by a $1,000 fine.
The vehicle must |
| 19 | | pass a diesel emission inspection at an official testing
|
| 20 | | station before it is again placed in service.
The Secretary of |
| 21 | | State, Illinois State Police, and other law enforcement
|
| 22 | | officers shall enforce this Section.
No emergency vehicle, as |
| 23 | | defined in Section 1-105, may be placed out-of-service
|
| 24 | | pursuant to this Section.
|
| 25 | | The Department, an official testing station, or an |
| 26 | | official portable emissions testing company may issue a |
|
| | HB5501 | - 2125 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | certificate of
waiver subsequent to a reinspection of a |
| 2 | | vehicle that failed the emissions
inspection. Certificate of |
| 3 | | waiver shall be issued upon determination that
documented |
| 4 | | proof demonstrates that emissions repair costs for the |
| 5 | | noncompliant
vehicle of at least $3,000 have been spent in an |
| 6 | | effort to achieve
compliance with the emission standards set |
| 7 | | forth in subsection (b). The
Department of Transportation |
| 8 | | shall adopt rules for the implementation of this
subsection |
| 9 | | including standards of documented proof as well as the |
| 10 | | criteria by
which a waiver shall be granted.
|
| 11 | | (c-5) (Blank).
|
| 12 | | (d) (Blank).
|
| 13 | | (Source: P.A. 102-538, eff. 8-20-21; 102-566, eff. 1-1-22; |
| 14 | | revised 10-12-21.)
|
| 15 | | (625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
|
| 16 | | Sec. 15-102. Width of vehicles.
|
| 17 | | (a) On Class III and non-designated State and local |
| 18 | | highways, the total
outside width of any vehicle or load |
| 19 | | thereon shall not exceed 8 feet 6 inches.
|
| 20 | | (b) Except during those times when, due to insufficient |
| 21 | | light or unfavorable
atmospheric conditions, persons and |
| 22 | | vehicles on the highway are not clearly
discernible at a |
| 23 | | distance of 1000 feet, the following vehicles may exceed
the 8 |
| 24 | | feet 6 inch limitation during the period from a half hour |
| 25 | | before
sunrise to a half hour after sunset:
|
|
| | HB5501 | - 2126 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) Loads of hay, straw or other similar farm products |
| 2 | | provided that the
load is not more than 12 feet wide.
|
| 3 | | (2) Implements of husbandry being transported on |
| 4 | | another vehicle and the
transporting vehicle while loaded.
|
| 5 | | The following requirements apply to the transportation |
| 6 | | on another vehicle
of an implement of husbandry wider than |
| 7 | | 8 feet 6 inches on the National System
of Interstate and |
| 8 | | Defense Highways or other highways in the system of State
|
| 9 | | highways:
|
| 10 | | (A) The driver of a vehicle transporting an |
| 11 | | implement of husbandry
that exceeds 8 feet 6 inches in |
| 12 | | width shall obey all traffic laws and shall
check the |
| 13 | | roadways prior to making a movement in order to ensure |
| 14 | | that adequate
clearance is available for the movement. |
| 15 | | It is prima facie evidence that the
driver of a vehicle |
| 16 | | transporting an implement of husbandry has failed to |
| 17 | | check
the roadway prior to making a movement if the |
| 18 | | vehicle is involved in a
collision with a bridge, |
| 19 | | overpass, fixed structure, or properly placed traffic
|
| 20 | | control device or if the vehicle blocks traffic due
to |
| 21 | | its inability to proceed because of a bridge, |
| 22 | | overpass, fixed structure, or
properly placed traffic |
| 23 | | control device.
|
| 24 | | (B) Flags shall be displayed so as to wave freely |
| 25 | | at the extremities of
overwidth objects and at the |
| 26 | | extreme ends of all protrusions, projections, and
|
|
| | HB5501 | - 2127 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | overhangs. All flags shall be clean, bright red flags |
| 2 | | with no advertising,
wording, emblem, or insignia |
| 3 | | inscribed upon them and at least 18 inches square.
|
| 4 | | (C) "OVERSIZE LOAD" signs are mandatory on the |
| 5 | | front and rear of all
vehicles with loads over 10 feet |
| 6 | | wide. These signs must have 12-inch high
black letters |
| 7 | | with a 2-inch stroke on a yellow sign that is 7 feet |
| 8 | | wide by 18
inches high.
|
| 9 | | (D) One civilian escort vehicle is required for a |
| 10 | | load that exceeds 14
feet 6 inches in width and 2 |
| 11 | | civilian escort vehicles are required for a
load that |
| 12 | | exceeds 16 feet in width on the National System of |
| 13 | | Interstate and
Defense Highways or other highways in |
| 14 | | the system of State highways.
|
| 15 | | (E) The requirements for a civilian escort vehicle |
| 16 | | and driver are as
follows:
|
| 17 | | (1) The civilian escort vehicle shall be a |
| 18 | | vehicle not exceeding a gross vehicle weight |
| 19 | | rating of 26,000 pounds that is
designed to afford |
| 20 | | clear and unobstructed vision to both front and |
| 21 | | rear.
|
| 22 | | (2) The escort vehicle driver must be properly |
| 23 | | licensed to operate
the vehicle.
|
| 24 | | (3) While in use, the escort vehicle must be |
| 25 | | equipped with illuminated
rotating, oscillating, |
| 26 | | or flashing amber lights or flashing amber strobe |
|
| | HB5501 | - 2128 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | lights
mounted on top that are of sufficient |
| 2 | | intensity to be visible at 500 feet in
normal |
| 3 | | sunlight.
|
| 4 | | (4) "OVERSIZE LOAD" signs are mandatory on all |
| 5 | | escort vehicles. The
sign on an escort vehicle |
| 6 | | shall have 8-inch high black letters on a yellow
|
| 7 | | sign that is 5 feet wide by 12 inches high.
|
| 8 | | (5) When only one escort vehicle is required |
| 9 | | and it is operating on a
two-lane highway, the |
| 10 | | escort vehicle shall travel approximately 300 feet |
| 11 | | ahead
of the load. The rotating, oscillating, or |
| 12 | | flashing lights or flashing amber
strobe lights |
| 13 | | and an "OVERSIZE LOAD" sign shall be displayed on |
| 14 | | the escort
vehicle and shall be visible from the |
| 15 | | front. When only one escort vehicle is
required |
| 16 | | and it is operating on a multilane divided |
| 17 | | highway, the escort vehicle
shall travel |
| 18 | | approximately 300 feet behind the load and the |
| 19 | | sign and lights
shall be visible from the rear.
|
| 20 | | (6) When 2 escort vehicles are required, one |
| 21 | | escort shall travel
approximately 300 feet ahead |
| 22 | | of the load and the second escort shall travel
|
| 23 | | approximately 300 feet behind the load. The |
| 24 | | rotating, oscillating, or flashing
lights or |
| 25 | | flashing amber strobe lights and an "OVERSIZE |
| 26 | | LOAD" sign shall be
displayed on the escort |
|
| | HB5501 | - 2130 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with an illuminated rotating, oscillating, or flashing |
| 2 | | amber
light or lights or a flashing amber strobe light |
| 3 | | or lights mounted on the rear
of the load that are of |
| 4 | | sufficient intensity to be visible at 500 feet in
|
| 5 | | normal sunlight.
|
| 6 | | (G) When a flashing amber light is required on the |
| 7 | | transport vehicle
under load and it is operating on a |
| 8 | | two-lane highway, the transport vehicle
shall display |
| 9 | | to the rear at least one rotating, oscillating, or |
| 10 | | flashing light
or a flashing amber strobe light and an |
| 11 | | "OVERSIZE LOAD" sign. When a flashing
amber light is |
| 12 | | required on the transport vehicle under load and it is |
| 13 | | operating
on a multilane divided highway, the sign and |
| 14 | | light shall be visible from the
rear.
|
| 15 | | (H) Maximum speed shall be 45 miles per hour on all |
| 16 | | such moves or 5
miles per hour above the posted minimum |
| 17 | | speed limit, whichever is greater, but
the vehicle |
| 18 | | shall not at any time exceed the posted maximum speed |
| 19 | | limit.
|
| 20 | | (3) Portable buildings designed and used for |
| 21 | | agricultural and livestock
raising operations that are not |
| 22 | | more than 14 feet wide and with not more
than a one-foot 1 |
| 23 | | foot overhang along the left side of the hauling vehicle. |
| 24 | | However,
the buildings shall not be transported more than |
| 25 | | 10 miles and not on any
route that is part of the National |
| 26 | | System of Interstate and Defense Highways.
|
|
| | HB5501 | - 2132 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | roadway of the State if the vehicle is being operated between a |
| 2 | | roadway permitted under subsection (d-1) and: |
| 3 | | (1) the location where the recreational vehicle is |
| 4 | | garaged; |
| 5 | | (2) the destination of the recreational vehicle; or |
| 6 | | (3) a facility for food, fuel, repair, services, or |
| 7 | | rest.
|
| 8 | | (e) A vehicle and load traveling upon the National System |
| 9 | | of Interstate
and Defense Highways or any other highway in the |
| 10 | | system of State highways
that has been designated as a Class I |
| 11 | | or Class II highway by the
Department, or any street or highway |
| 12 | | designated by local authorities, may have a total outside |
| 13 | | width of 8 feet 6
inches, provided that certain safety devices |
| 14 | | that the Department
determines as necessary for the safe and |
| 15 | | efficient operation of motor
vehicles shall not be included in |
| 16 | | the calculation of width.
|
| 17 | | Section 5-35 of the Illinois Administrative Procedure Act |
| 18 | | relating to
procedures for rulemaking shall not apply to the |
| 19 | | designation of highways under
this paragraph (e).
|
| 20 | | (f) Mirrors required by Section 12-502 of this Code may |
| 21 | | project up to 14 inches beyond each side of
a bus and up to 6 |
| 22 | | inches beyond each
side
of any other vehicle, and that |
| 23 | | projection shall not be deemed a
violation of the width |
| 24 | | restrictions of this Section.
|
| 25 | | (g) Any person who is convicted of violating this Section |
| 26 | | is subject to
the penalty as provided in paragraph (b) of |
|
| | HB5501 | - 2136 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | From 180 miles to 270 miles |
$100.00 |
| |
|
| 2 | | For more than 270 miles |
$125.00 |
| |
|
| 3 | | Permits issued under this Section shall be for a vehicle, |
| 4 | | or vehicle
combination and load not exceeding legal weights, ; |
| 5 | | and, in the case of the
limited continuous operation, shall be |
| 6 | | for the same vehicle, vehicle
combination, or like load.
|
| 7 | | Escort requirements shall be as prescribed in the |
| 8 | | Department's rules and
regulations. Fees for the Illinois |
| 9 | | State Police vehicle escort, when required, shall
be in |
| 10 | | addition to the permit fees.
|
| 11 | | (Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)
|
| 12 | | (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
|
| 13 | | (Text of Section before amendment by P.A. 101-652)
|
| 14 | | Sec. 16-103. Arrest outside county where violation |
| 15 | | committed.
|
| 16 | | Whenever a defendant is arrested upon a warrant charging a |
| 17 | | violation of
this Act in a county other than that in which such |
| 18 | | warrant was issued, the
arresting officer, immediately upon |
| 19 | | the request of the defendant, shall
take such defendant before |
| 20 | | a circuit judge or associate circuit judge in
the county in |
| 21 | | which the arrest was made who shall admit the defendant to
bail |
| 22 | | for his appearance before the court named in the warrant. On |
| 23 | | taking
such bail, the circuit judge or associate circuit judge |
| 24 | | shall certify such
fact on the warrant and deliver the warrant |
| 25 | | and undertaking of bail or
other security, or the drivers |
|
| | HB5501 | - 2137 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | license of such defendant if deposited,
under the law relating |
| 2 | | to such licenses, in lieu of such security, to the
officer |
| 3 | | having charge of the defendant. Such officer shall then |
| 4 | | immediately
discharge the defendant from arrest and without |
| 5 | | delay deliver such warrant
and such undertaking of bail, or |
| 6 | | other security or drivers license to the
court before which |
| 7 | | the defendant is required to appear.
|
| 8 | | (Source: P.A. 77-1280.)
|
| 9 | | (Text of Section after amendment by P.A. 101-652)
|
| 10 | | Sec. 16-103. Arrest outside county where violation |
| 11 | | committed.
|
| 12 | | Whenever a defendant is arrested upon a warrant charging a |
| 13 | | violation of
this Act in a county other than that in which such |
| 14 | | warrant was issued, the
arresting officer, immediately upon |
| 15 | | the request of the defendant, shall
take such defendant before |
| 16 | | a circuit judge or associate circuit judge in
the county in |
| 17 | | which the arrest was made who shall admit the defendant to
|
| 18 | | pretrial release for his appearance before the court named in |
| 19 | | the warrant. On setting the conditions of pretrial release, |
| 20 | | the circuit judge or associate circuit judge shall certify |
| 21 | | such
fact on the warrant and deliver the warrant and |
| 22 | | conditions of pretrial release, or the drivers license of such |
| 23 | | defendant if deposited,
under the law relating to such |
| 24 | | licenses, in lieu of such security, to the
officer having |
| 25 | | charge of the defendant. Such officer shall then immediately
|
|
| | HB5501 | - 2138 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | discharge the defendant from arrest and without delay deliver |
| 2 | | such warrant
and such acknowledgment by the defendant of his |
| 3 | | or her receiving the conditions of pretrial release or drivers |
| 4 | | license to the
court before which the defendant is required to |
| 5 | | appear.
|
| 6 | | (Source: P.A. 101-652, eff. 1-1-23; revised 11-24-21.)
|
| 7 | | (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
|
| 8 | | Sec. 16-105. Disposition of fines and forfeitures.
|
| 9 | | (a) Except as provided in Section 15-113 of this Act and |
| 10 | | except those amounts subject to disbursement by the circuit
|
| 11 | | clerk under the Criminal and Traffic Assessment Act, fines and |
| 12 | | penalties
recovered under the provisions of Chapters 3 through |
| 13 | | 17 and 18b inclusive of this
Code shall be paid and used as |
| 14 | | follows:
|
| 15 | | 1. For offenses committed upon a highway within the |
| 16 | | limits of a
city, village, or incorporated town or under |
| 17 | | the jurisdiction of any
park district, to the treasurer of |
| 18 | | the particular city, village,
incorporated town, or park |
| 19 | | district, if the violator was arrested by the
authorities |
| 20 | | of the city, village, incorporated town, or park district,
|
| 21 | | provided the police officers and officials of cities, |
| 22 | | villages,
incorporated towns, and park districts shall |
| 23 | | seasonably prosecute for all
fines and penalties under |
| 24 | | this Code. If the violation is prosecuted by
the |
| 25 | | authorities of the county, any fines or penalties |
|
| | HB5501 | - 2139 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | recovered shall be
paid to the county treasurer, except |
| 2 | | that fines and penalties recovered from violations |
| 3 | | arrested by the Illinois State Police shall be remitted to |
| 4 | | the State Treasurer for deposit into the State Police Law |
| 5 | | Enforcement Administration Fund. Provided further that if |
| 6 | | the violator was
arrested by the Illinois State Police, |
| 7 | | fines and penalties recovered under the
provisions of |
| 8 | | paragraph (a) of Section 15-113 of this Code or paragraph |
| 9 | | (e)
of Section 15-316 of this Code shall be remitted |
| 10 | | Illinois to the State Treasurer who shall
deposit the |
| 11 | | amount so remitted in the special fund in the State |
| 12 | | treasury
known as the Road Fund except that if the |
| 13 | | violation is prosecuted by the
State's Attorney, 10% of |
| 14 | | the fine or penalty recovered shall be paid to
the State's |
| 15 | | Attorney as a fee of his office and the balance shall be |
| 16 | | remitted to the State Treasurer Illinois
for remittance to |
| 17 | | and
deposit by the State Treasurer as hereinabove |
| 18 | | provided.
|
| 19 | | 2. Except as provided in paragraph 4, for offenses |
| 20 | | committed upon any
highway outside the limits of a
city, |
| 21 | | village, incorporated town, or park district, to the |
| 22 | | county
treasurer of the county where the offense was |
| 23 | | committed except if such
offense was committed on a |
| 24 | | highway maintained by or under the
supervision of a |
| 25 | | township, township district, or a road district to the
|
| 26 | | Treasurer thereof for deposit in the road and bridge fund |
|
| | HB5501 | - 2140 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of such
township or other district, except that fines and |
| 2 | | penalties recovered from violations arrested by the |
| 3 | | Illinois State Police shall be remitted to the State |
| 4 | | Treasurer for deposit into the State Police Law |
| 5 | | Enforcement Administration Fund; provided, that fines and |
| 6 | | penalties recovered
under the provisions of paragraph (a) |
| 7 | | of Section 15-113, paragraph (d) of
Section 3-401, or |
| 8 | | paragraph (e) of Section 15-316 of this Code shall
be |
| 9 | | remitted Illinois to the State Treasurer
who shall deposit |
| 10 | | the amount so remitted in the special fund in the State
|
| 11 | | treasury known as the Road Fund except that if the |
| 12 | | violation is prosecuted
by the State's Attorney, 10% of |
| 13 | | the fine or penalty recovered shall be paid
to the State's |
| 14 | | Attorney as a fee of his office and the balance shall be |
| 15 | | remitted
to the State Treasurer Illinois for remittance to |
| 16 | | and deposit
by the State Treasurer as hereinabove |
| 17 | | provided.
|
| 18 | | 3. Notwithstanding subsections 1 and 2 of this |
| 19 | | paragraph, for violations
of overweight and overload |
| 20 | | limits found in Sections 15-101 through 15-203
of this |
| 21 | | Code, which are committed upon the highways belonging to |
| 22 | | the Illinois
State Toll Highway Authority, fines and |
| 23 | | penalties shall be remitted to
the Illinois State Toll |
| 24 | | Highway Authority for deposit with the State Treasurer
|
| 25 | | into that special fund known as the Illinois State Toll |
| 26 | | Highway Authority
Fund, except that if the violation is |
|
| | HB5501 | - 2141 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | prosecuted by the State's Attorney,
10% of the fine or |
| 2 | | penalty recovered shall be paid to the State's Attorney
as |
| 3 | | a fee of his office and the balance shall be remitted to |
| 4 | | the Illinois
State Toll Highway Authority for remittance |
| 5 | | to and deposit by the State
Treasurer as hereinabove |
| 6 | | provided.
|
| 7 | | 4. With regard to violations of overweight and |
| 8 | | overload limits found in
Sections 15-101 through 15-203 of |
| 9 | | this Code committed by operators of vehicles
registered as |
| 10 | | Special Hauling Vehicles, for offenses committed upon a |
| 11 | | highway
within the limits of a city, village, or |
| 12 | | incorporated town or under the
jurisdiction of any park |
| 13 | | district, all fines and penalties shall be paid over
or |
| 14 | | retained as required in paragraph 1. However, with regard |
| 15 | | to the above
offenses committed by operators of vehicles |
| 16 | | registered as Special Hauling
Vehicles upon any highway |
| 17 | | outside the limits of a city, village, incorporated
town, |
| 18 | | or park district, fines and penalties shall be paid over |
| 19 | | or retained by
the entity having jurisdiction over the |
| 20 | | road or highway upon which the offense
occurred, except |
| 21 | | that if the violation is prosecuted by the State's |
| 22 | | Attorney,
10% of the fine or penalty recovered shall be |
| 23 | | paid to the State's Attorney as a
fee of his office.
|
| 24 | | (b) Failure, refusal, or neglect on the part of any |
| 25 | | judicial or other
officer or employee receiving or having |
| 26 | | custody of any such fine or
forfeiture either before or after a |
|
| | HB5501 | - 2143 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 3.1. The person is under the influence of any |
| 2 | | intoxicating compound or
combination of intoxicating |
| 3 | | compounds to a degree that renders the person
incapable of |
| 4 | | safely operating a snowmobile;
|
| 5 | | 4. The person is under the combined influence of |
| 6 | | alcohol and any other
drug or drugs or intoxicating |
| 7 | | compound or compounds to a degree that
renders that person |
| 8 | | incapable of safely
operating a snowmobile;
|
| 9 | | 4.3. The person who is not a CDL holder has a |
| 10 | | tetrahydrocannabinol concentration in the person's whole |
| 11 | | blood or other bodily substance at which driving a motor |
| 12 | | vehicle is prohibited under
subdivision (7) of subsection |
| 13 | | (a) of
Section 11-501 of the Illinois Vehicle Code; |
| 14 | | 4.5. The person who is a CDL holder has any amount of a |
| 15 | | drug, substance, or
compound in the person's breath, |
| 16 | | blood, other bodily substance, or urine resulting from the |
| 17 | | unlawful use or consumption of cannabis listed in the |
| 18 | | Cannabis Control Act; or |
| 19 | | 5. There is any amount of a drug, substance, or |
| 20 | | compound in that person's
breath, blood, other bodily |
| 21 | | substance, or urine resulting from the unlawful use or |
| 22 | | consumption
of a controlled substance listed in the
|
| 23 | | Illinois Controlled Substances Act, methamphetamine as |
| 24 | | listed in the Methamphetamine Control and Community |
| 25 | | Protection Act, or intoxicating compound listed in the
use
|
| 26 | | of Intoxicating Compounds Act.
|
|
| | HB5501 | - 2144 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b) The fact that a person charged with violating this |
| 2 | | Section is or has
been legally entitled to use alcohol, other |
| 3 | | drug or drugs, any
intoxicating
compound or compounds, or any |
| 4 | | combination of them does not constitute a
defense against a |
| 5 | | charge of violating this Section.
|
| 6 | | (c) Every person convicted of violating this Section or a |
| 7 | | similar
provision of a local ordinance is guilty of a
Class A |
| 8 | | misdemeanor, except as otherwise provided in this Section.
|
| 9 | | (c-1) As used in this Section, "first time offender" means |
| 10 | | any person who has not had a previous conviction or been |
| 11 | | assigned supervision for violating this Section or a similar |
| 12 | | provision of a local ordinance, or any person who has not had a |
| 13 | | suspension imposed under subsection (e) of Section 5-7.1. |
| 14 | | (c-2) For purposes of this Section, the following are |
| 15 | | equivalent to a conviction: |
| 16 | | (1) a forfeiture of bail or collateral deposited to |
| 17 | | secure a defendant's appearance in court when forfeiture |
| 18 | | has not been vacated; or |
| 19 | | (2) the failure of a defendant to appear for trial.
|
| 20 | | (d) Every person convicted of violating this Section is |
| 21 | | guilty of a
Class 4 felony if:
|
| 22 | | 1. The person has a previous conviction under this |
| 23 | | Section;
|
| 24 | | 2. The offense results in personal injury where a |
| 25 | | person other than the
operator suffers great bodily harm |
| 26 | | or permanent disability or disfigurement,
when the |
|
| | HB5501 | - 2145 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | violation was a proximate cause of the injuries.
A person |
| 2 | | guilty of a Class 4 felony under this paragraph 2, if |
| 3 | | sentenced to a
term of imprisonment, shall be sentenced to |
| 4 | | not less than one year nor more
than
12 years; or
|
| 5 | | 3. The offense occurred during a period in which the |
| 6 | | person's privileges
to
operate a snowmobile are revoked or |
| 7 | | suspended, and the revocation or
suspension was for a |
| 8 | | violation of this Section or was imposed under Section
|
| 9 | | 5-7.1.
|
| 10 | | (e) Every person convicted of violating this Section is |
| 11 | | guilty
of a
Class 2 felony if the offense results in the death |
| 12 | | of a person.
A person guilty of a Class 2 felony under this |
| 13 | | subsection (e), if sentenced
to
a term of imprisonment, shall |
| 14 | | be sentenced to a term of not less than 3 years
and not more |
| 15 | | than 14 years.
|
| 16 | | (e-1) Every person convicted of violating this Section or |
| 17 | | a similar
provision of a local ordinance who had a child under |
| 18 | | the age of 16 on board the
snowmobile at the time of offense |
| 19 | | shall be subject to a mandatory minimum fine
of $500 and shall |
| 20 | | be subject to a mandatory minimum of 5 days of community
|
| 21 | | service in a program benefiting children. The assignment under |
| 22 | | this subsection
shall not be subject to suspension nor shall |
| 23 | | the person be eligible for
probation in order to reduce the |
| 24 | | assignment.
|
| 25 | | (e-2) Every person found guilty of violating this Section, |
| 26 | | whose operation
of
a snowmobile while in violation of this |
|
| | HB5501 | - 2146 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section proximately caused any incident
resulting in an |
| 2 | | appropriate emergency response, shall be liable for the |
| 3 | | expense
of an emergency response as provided in subsection (i) |
| 4 | | of Section 11-501.01 of the Illinois Vehicle Code.
|
| 5 | | (e-3) In addition to any other penalties and liabilities, |
| 6 | | a person who is
found guilty of violating this Section, |
| 7 | | including any person placed on court
supervision, shall be |
| 8 | | fined $100, payable to the circuit clerk, who shall
distribute |
| 9 | | the money to the law enforcement agency that made the arrest or |
| 10 | | as provided in subsection (c) of Section 10-5 of the Criminal |
| 11 | | and Traffic Assessment Act if the arresting agency is a State |
| 12 | | agency, unless more than one agency is responsible for the |
| 13 | | arrest, in which case the amount shall be remitted to each unit |
| 14 | | of government equally. Any moneys received by a law |
| 15 | | enforcement agency under
this subsection (e-3) shall be used |
| 16 | | to purchase law enforcement equipment or to
provide law |
| 17 | | enforcement training that will assist in the prevention of |
| 18 | | alcohol
related criminal violence throughout the State. Law |
| 19 | | enforcement equipment shall
include, but is not limited to, |
| 20 | | in-car video cameras, radar and laser speed
detection devices, |
| 21 | | and alcohol breath testers.
|
| 22 | | (f) In addition to any criminal penalties imposed, the
|
| 23 | | Department of Natural Resources shall suspend the
snowmobile |
| 24 | | operation privileges of
a person convicted or found guilty of |
| 25 | | a misdemeanor under this
Section for a period of one
year, |
| 26 | | except that first-time offenders are exempt from
this |
|
| | HB5501 | - 2147 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | mandatory one-year one year suspension.
|
| 2 | | (g) In addition to any criminal penalties imposed, the |
| 3 | | Department of Natural
Resources shall suspend for a period of |
| 4 | | 5 years the snowmobile operation
privileges of any person |
| 5 | | convicted or found guilty of a felony under this
Section.
|
| 6 | | (Source: P.A. 102-145, eff. 7-23-21; revised 8-5-21.)
|
| 7 | | (Text of Section after amendment by P.A. 101-652) |
| 8 | | Sec. 5-7. Operating a snowmobile while under the influence |
| 9 | | of alcohol or
other drug or drugs, intoxicating compound or |
| 10 | | compounds, or a combination of
them; criminal penalties; |
| 11 | | suspension of operating privileges. |
| 12 | | (a) A person may not operate or be in actual physical |
| 13 | | control of a
snowmobile within this State
while:
|
| 14 | | 1. The alcohol concentration in that person's blood, |
| 15 | | other bodily substance, or breath is a
concentration at |
| 16 | | which driving a motor vehicle is prohibited under
|
| 17 | | subdivision (1) of subsection (a) of
Section 11-501 of the |
| 18 | | Illinois Vehicle Code;
|
| 19 | | 2. The person is under the influence of alcohol;
|
| 20 | | 3. The person is under the influence of any other drug |
| 21 | | or combination of
drugs to a degree that renders that |
| 22 | | person incapable of safely operating a
snowmobile;
|
| 23 | | 3.1. The person is under the influence of any |
| 24 | | intoxicating compound or
combination of intoxicating |
| 25 | | compounds to a degree that renders the person
incapable of |
|
| | HB5501 | - 2148 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | safely operating a snowmobile;
|
| 2 | | 4. The person is under the combined influence of |
| 3 | | alcohol and any other
drug or drugs or intoxicating |
| 4 | | compound or compounds to a degree that
renders that person |
| 5 | | incapable of safely
operating a snowmobile;
|
| 6 | | 4.3. The person who is not a CDL holder has a |
| 7 | | tetrahydrocannabinol concentration in the person's whole |
| 8 | | blood or other bodily substance at which driving a motor |
| 9 | | vehicle is prohibited under
subdivision (7) of subsection |
| 10 | | (a) of
Section 11-501 of the Illinois Vehicle Code; |
| 11 | | 4.5. The person who is a CDL holder has any amount of a |
| 12 | | drug, substance, or
compound in the person's breath, |
| 13 | | blood, other bodily substance, or urine resulting from the |
| 14 | | unlawful use or consumption of cannabis listed in the |
| 15 | | Cannabis Control Act; or |
| 16 | | 5. There is any amount of a drug, substance, or |
| 17 | | compound in that person's
breath, blood, other bodily |
| 18 | | substance, or urine resulting from the unlawful use or |
| 19 | | consumption
of a controlled substance listed in the
|
| 20 | | Illinois Controlled Substances Act, methamphetamine as |
| 21 | | listed in the Methamphetamine Control and Community |
| 22 | | Protection Act, or intoxicating compound listed in the
use
|
| 23 | | of Intoxicating Compounds Act.
|
| 24 | | (b) The fact that a person charged with violating this |
| 25 | | Section is or has
been legally entitled to use alcohol, other |
| 26 | | drug or drugs, any
intoxicating
compound or compounds, or any |
|
| | HB5501 | - 2149 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | combination of them does not constitute a
defense against a |
| 2 | | charge of violating this Section.
|
| 3 | | (c) Every person convicted of violating this Section or a |
| 4 | | similar
provision of a local ordinance is guilty of a
Class A |
| 5 | | misdemeanor, except as otherwise provided in this Section.
|
| 6 | | (c-1) As used in this Section, "first time offender" means |
| 7 | | any person who has not had a previous conviction or been |
| 8 | | assigned supervision for violating this Section or a similar |
| 9 | | provision of a local ordinance, or any person who has not had a |
| 10 | | suspension imposed under subsection (e) of Section 5-7.1. |
| 11 | | (c-2) For purposes of this Section, the following are |
| 12 | | equivalent to a conviction: |
| 13 | | (1) a violation of the terms of pretrial release when |
| 14 | | the court has not relieved the defendant of complying with |
| 15 | | the terms of pretrial release; or |
| 16 | | (2) the failure of a defendant to appear for trial.
|
| 17 | | (d) Every person convicted of violating this Section is |
| 18 | | guilty of a
Class 4 felony if:
|
| 19 | | 1. The person has a previous conviction under this |
| 20 | | Section;
|
| 21 | | 2. The offense results in personal injury where a |
| 22 | | person other than the
operator suffers great bodily harm |
| 23 | | or permanent disability or disfigurement,
when the |
| 24 | | violation was a proximate cause of the injuries.
A person |
| 25 | | guilty of a Class 4 felony under this paragraph 2, if |
| 26 | | sentenced to a
term of imprisonment, shall be sentenced to |
|
| | HB5501 | - 2150 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | not less than one year nor more
than
12 years; or
|
| 2 | | 3. The offense occurred during a period in which the |
| 3 | | person's privileges
to
operate a snowmobile are revoked or |
| 4 | | suspended, and the revocation or
suspension was for a |
| 5 | | violation of this Section or was imposed under Section
|
| 6 | | 5-7.1.
|
| 7 | | (e) Every person convicted of violating this Section is |
| 8 | | guilty
of a
Class 2 felony if the offense results in the death |
| 9 | | of a person.
A person guilty of a Class 2 felony under this |
| 10 | | subsection (e), if sentenced
to
a term of imprisonment, shall |
| 11 | | be sentenced to a term of not less than 3 years
and not more |
| 12 | | than 14 years.
|
| 13 | | (e-1) Every person convicted of violating this Section or |
| 14 | | a similar
provision of a local ordinance who had a child under |
| 15 | | the age of 16 on board the
snowmobile at the time of offense |
| 16 | | shall be subject to a mandatory minimum fine
of $500 and shall |
| 17 | | be subject to a mandatory minimum of 5 days of community
|
| 18 | | service in a program benefiting children. The assignment under |
| 19 | | this subsection
shall not be subject to suspension nor shall |
| 20 | | the person be eligible for
probation in order to reduce the |
| 21 | | assignment.
|
| 22 | | (e-2) Every person found guilty of violating this Section, |
| 23 | | whose operation
of
a snowmobile while in violation of this |
| 24 | | Section proximately caused any incident
resulting in an |
| 25 | | appropriate emergency response, shall be liable for the |
| 26 | | expense
of an emergency response as provided in subsection (i) |
|
| | HB5501 | - 2151 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of Section 11-501.01 of the Illinois Vehicle Code.
|
| 2 | | (e-3) In addition to any other penalties and liabilities, |
| 3 | | a person who is
found guilty of violating this Section, |
| 4 | | including any person placed on court
supervision, shall be |
| 5 | | fined $100, payable to the circuit clerk, who shall
distribute |
| 6 | | the money to the law enforcement agency that made the arrest or |
| 7 | | as provided in subsection (c) of Section 10-5 of the Criminal |
| 8 | | and Traffic Assessment Act if the arresting agency is a State |
| 9 | | agency, unless more than one agency is responsible for the |
| 10 | | arrest, in which case the amount shall be remitted to each unit |
| 11 | | of government equally. Any moneys received by a law |
| 12 | | enforcement agency under
this subsection (e-3) shall be used |
| 13 | | to purchase law enforcement equipment or to
provide law |
| 14 | | enforcement training that will assist in the prevention of |
| 15 | | alcohol
related criminal violence throughout the State. Law |
| 16 | | enforcement equipment shall
include, but is not limited to, |
| 17 | | in-car video cameras, radar and laser speed
detection devices, |
| 18 | | and alcohol breath testers.
|
| 19 | | (f) In addition to any criminal penalties imposed, the
|
| 20 | | Department of Natural Resources shall suspend the
snowmobile |
| 21 | | operation privileges of
a person convicted or found guilty of |
| 22 | | a misdemeanor under this
Section for a period of one
year, |
| 23 | | except that first-time offenders are exempt from
this |
| 24 | | mandatory one-year one year suspension.
|
| 25 | | (g) In addition to any criminal penalties imposed, the |
| 26 | | Department of Natural
Resources shall suspend for a period of |
|
| | HB5501 | - 2152 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 5 years the snowmobile operation
privileges of any person |
| 2 | | convicted or found guilty of a felony under this
Section.
|
| 3 | | (Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21; |
| 4 | | revised 8-5-21.)
|
| 5 | | Section 585. The Clerks of Courts Act is amended by |
| 6 | | changing Section 27.1b as follows:
|
| 7 | | (705 ILCS 105/27.1b) |
| 8 | | (Section scheduled to be repealed on January 1, 2024) |
| 9 | | Sec. 27.1b. Circuit court clerk fees. Notwithstanding any |
| 10 | | other provision of law, all fees charged by the clerks of the |
| 11 | | circuit court for the services described in this Section shall |
| 12 | | be established, collected, and disbursed in accordance with |
| 13 | | this Section. Except as otherwise specified in this Section, |
| 14 | | all fees under this Section shall be paid in advance and |
| 15 | | disbursed by each clerk on a monthly basis. In a county with a |
| 16 | | population of over 3,000,000, units of local government and |
| 17 | | school districts shall not be required to pay fees under this |
| 18 | | Section in advance and the clerk shall instead send an |
| 19 | | itemized bill to the unit of local government or school |
| 20 | | district, within 30 days of the fee being incurred, and the |
| 21 | | unit of local government or school district shall be allowed |
| 22 | | at least 30 days from the date of the itemized bill to pay; |
| 23 | | these payments shall be disbursed by each clerk on a monthly |
| 24 | | basis. Unless otherwise specified in this Section, the amount |
|
| | HB5501 | - 2153 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of a fee shall be determined by ordinance or resolution of the |
| 2 | | county board and remitted to the county treasurer to be used |
| 3 | | for purposes related to the operation of the court system in |
| 4 | | the county. In a county with a population of over 3,000,000, |
| 5 | | any amount retained by the clerk of the circuit court or |
| 6 | | remitted to the county treasurer shall be subject to |
| 7 | | appropriation by the county board. |
| 8 | | (a) Civil cases. The fee for filing a complaint, petition, |
| 9 | | or other pleading initiating a civil action shall be as set |
| 10 | | forth in the applicable schedule under this subsection in |
| 11 | | accordance with case categories established by the Supreme |
| 12 | | Court in schedules. |
| 13 | | (1) SCHEDULE 1: not to exceed a total of $366 in a |
| 14 | | county with a population of 3,000,000 or more and not to |
| 15 | | exceed $316 in any other county, except as applied to |
| 16 | | units of local government and school districts in counties |
| 17 | | with more than 3,000,000 inhabitants an amount not to |
| 18 | | exceed $190 through December 31, 2021 and $184 on and |
| 19 | | after January 1, 2022. The fees collected under this |
| 20 | | schedule shall be disbursed as follows: |
| 21 | | (A) The clerk shall retain a sum, in an amount not |
| 22 | | to exceed $55 in a county with a population of |
| 23 | | 3,000,000 or more and in an amount not to exceed $45 in |
| 24 | | any other county determined by the clerk with the |
| 25 | | approval of the Supreme Court, to be used for court |
| 26 | | automation, court document storage, and administrative |
|
| | HB5501 | - 2154 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | purposes. |
| 2 | | (B) The clerk shall remit up to $21 to the State |
| 3 | | Treasurer. The State Treasurer shall deposit the |
| 4 | | appropriate amounts, in accordance with the clerk's |
| 5 | | instructions, as follows: |
| 6 | | (i) up to $10, as specified by the Supreme |
| 7 | | Court in accordance with Part 10A of Article II of |
| 8 | | the Code of Civil Procedure, into the Mandatory |
| 9 | | Arbitration Fund; |
| 10 | | (ii) $2 into the Access to Justice Fund; and |
| 11 | | (iii) $9 into the Supreme Court Special |
| 12 | | Purposes Fund. |
| 13 | | (C) The clerk shall remit a sum to the County |
| 14 | | Treasurer, in an amount not to exceed $290 in a county |
| 15 | | with a population of 3,000,000 or more and in an amount |
| 16 | | not to exceed $250 in any other county, as specified by |
| 17 | | ordinance or resolution passed by the county board, |
| 18 | | for purposes related to the operation of the court |
| 19 | | system in the county. |
| 20 | | (2) SCHEDULE 2: not to exceed a total of $357 in a |
| 21 | | county with a population of 3,000,000 or more and not to |
| 22 | | exceed $266 in any other county, except as applied to |
| 23 | | units of local government and school districts in counties |
| 24 | | with more than 3,000,000 inhabitants an amount not to |
| 25 | | exceed $190 through December 31, 2021 and $184 on and |
| 26 | | after January 1, 2022. The fees collected under this |
|
| | HB5501 | - 2155 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | schedule shall be disbursed as follows: |
| 2 | | (A) The clerk shall retain a sum, in an amount not |
| 3 | | to exceed $55 in a county with a population of |
| 4 | | 3,000,000 or more and in an amount not to exceed $45 in |
| 5 | | any other county determined by the clerk with the |
| 6 | | approval of the Supreme Court, to be used for court |
| 7 | | automation, court document storage, and administrative |
| 8 | | purposes. |
| 9 | | (B) The clerk shall remit up to $21 to the State |
| 10 | | Treasurer. The State Treasurer shall deposit the |
| 11 | | appropriate amounts, in accordance with the clerk's |
| 12 | | instructions, as follows: |
| 13 | | (i) up to $10, as specified by the Supreme |
| 14 | | Court in accordance with Part 10A of Article II of |
| 15 | | the Code of Civil Procedure, into the Mandatory |
| 16 | | Arbitration Fund; |
| 17 | | (ii) $2 into the Access to Justice Fund: and |
| 18 | | (iii) $9 into the Supreme Court Special |
| 19 | | Purposes Fund. |
| 20 | | (C) The clerk shall remit a sum to the County |
| 21 | | Treasurer, in an amount not to exceed $281 in a county |
| 22 | | with a population of 3,000,000 or more and in an amount |
| 23 | | not to exceed $200 in any other county, as specified by |
| 24 | | ordinance or resolution passed by the county board, |
| 25 | | for purposes related to the operation of the court |
| 26 | | system in the county. |
|
| | HB5501 | - 2156 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) SCHEDULE 3: not to exceed a total of $265 in a |
| 2 | | county with a population of 3,000,000 or more and not to |
| 3 | | exceed $89 in any other county, except as applied to units |
| 4 | | of local government and school districts in counties with |
| 5 | | more than 3,000,000 inhabitants an amount not to exceed |
| 6 | | $190 through December 31, 2021 and $184 on and after |
| 7 | | January 1, 2022. The fees collected under this schedule |
| 8 | | shall be disbursed as follows: |
| 9 | | (A) The clerk shall retain a sum, in an amount not |
| 10 | | to exceed $55 in a county with a population of |
| 11 | | 3,000,000 or more and in an amount not to exceed $22 in |
| 12 | | any other county determined by the clerk with the |
| 13 | | approval of the Supreme Court, to be used for court |
| 14 | | automation, court document storage, and administrative |
| 15 | | purposes. |
| 16 | | (B) The clerk shall remit $11 to the State |
| 17 | | Treasurer. The State Treasurer shall deposit the |
| 18 | | appropriate amounts in accordance with the clerk's |
| 19 | | instructions, as follows: |
| 20 | | (i) $2 into the Access to Justice Fund; and |
| 21 | | (ii) $9 into the Supreme Court Special |
| 22 | | Purposes Fund. |
| 23 | | (C) The clerk shall remit a sum to the County |
| 24 | | Treasurer, in an amount not to exceed $199 in a county |
| 25 | | with a population of 3,000,000 or more and in an amount |
| 26 | | not to exceed $56 in any other county, as specified by |
|
| | HB5501 | - 2157 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ordinance or resolution passed by the county board, |
| 2 | | for purposes related to the operation of the court |
| 3 | | system in the county. |
| 4 | | (4) SCHEDULE 4: $0. |
| 5 | | (b) Appearance. The fee for filing an appearance in a |
| 6 | | civil action, including a cannabis civil law action under the |
| 7 | | Cannabis Control Act, shall be as set forth in the applicable |
| 8 | | schedule under this subsection in accordance with case |
| 9 | | categories established by the Supreme Court in schedules. |
| 10 | | (1) SCHEDULE 1: not to exceed a total of $230 in a |
| 11 | | county with a population of 3,000,000 or more and not to |
| 12 | | exceed $191 in any other county, except as applied to |
| 13 | | units of local government and school districts in counties |
| 14 | | with more than 3,000,000 inhabitants an amount not to |
| 15 | | exceed $75. The fees collected under this schedule shall |
| 16 | | be disbursed as follows: |
| 17 | | (A) The clerk shall retain a sum, in an amount not |
| 18 | | to exceed $50 in a county with a population of |
| 19 | | 3,000,000 or more and in an amount not to exceed $45 in |
| 20 | | any other county determined by the clerk with the |
| 21 | | approval of the Supreme Court, to be used for court |
| 22 | | automation, court document storage, and administrative |
| 23 | | purposes. |
| 24 | | (B) The clerk shall remit up to $21 to the State |
| 25 | | Treasurer. The State Treasurer shall deposit the |
| 26 | | appropriate amounts, in accordance with the clerk's |
|
| | HB5501 | - 2158 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | instructions, as follows: |
| 2 | | (i) up to $10, as specified by the Supreme |
| 3 | | Court in accordance with Part 10A of Article II of |
| 4 | | the Code of Civil Procedure, into the Mandatory |
| 5 | | Arbitration Fund; |
| 6 | | (ii) $2 into the Access to Justice Fund; and |
| 7 | | (iii) $9 into the Supreme Court Special |
| 8 | | Purposes Fund. |
| 9 | | (C) The clerk shall remit a sum to the County |
| 10 | | Treasurer, in an amount not to exceed $159 in a county |
| 11 | | with a population of 3,000,000 or more and in an amount |
| 12 | | not to exceed $125 in any other county, as specified by |
| 13 | | ordinance or resolution passed by the county board, |
| 14 | | for purposes related to the operation of the court |
| 15 | | system in the county. |
| 16 | | (2) SCHEDULE 2: not to exceed a total of $130 in a |
| 17 | | county with a population of 3,000,000 or more and not to |
| 18 | | exceed $109 in any other county, except as applied to |
| 19 | | units of local government and school districts in counties |
| 20 | | with more than 3,000,000 inhabitants an amount not to |
| 21 | | exceed $75. The fees collected under this schedule shall |
| 22 | | be disbursed as follows: |
| 23 | | (A) The clerk shall retain a sum, in an amount not |
| 24 | | to exceed $50 in a county with a population of |
| 25 | | 3,000,000 or more and in an amount not to exceed $10 in |
| 26 | | any other county determined by the clerk with the |
|
| | HB5501 | - 2159 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | approval of the Supreme Court, to be used for court |
| 2 | | automation, court document storage, and administrative |
| 3 | | purposes. |
| 4 | | (B) The clerk shall remit $9 to the State |
| 5 | | Treasurer, which the State Treasurer shall deposit |
| 6 | | into the Supreme Court Special Purposes Fund. |
| 7 | | (C) The clerk shall remit a sum to the County |
| 8 | | Treasurer, in an amount not to exceed $71 in a county |
| 9 | | with a population of 3,000,000 or more and in an amount |
| 10 | | not to exceed $90 in any other county, as specified by |
| 11 | | ordinance or resolution passed by the county board, |
| 12 | | for purposes related to the operation of the court |
| 13 | | system in the county. |
| 14 | | (3) SCHEDULE 3: $0. |
| 15 | | (b-5) Kane County and Will County. In Kane County and Will |
| 16 | | County civil cases, there is an additional fee of up to $30 as |
| 17 | | set by the county board under Section 5-1101.3 of the Counties |
| 18 | | Code to be paid by each party at the time of filing the first |
| 19 | | pleading, paper, or other appearance; provided that no |
| 20 | | additional fee shall be required if more than one party is |
| 21 | | represented in a single pleading, paper, or other appearance. |
| 22 | | Distribution of fees collected under this subsection (b-5) |
| 23 | | shall be as provided in Section 5-1101.3 of the Counties Code. |
| 24 | | (c) Counterclaim or third party complaint. When any |
| 25 | | defendant files a counterclaim or third party complaint, as |
| 26 | | part of the defendant's answer or otherwise, the defendant |
|
| | HB5501 | - 2160 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall pay a filing fee for each counterclaim or third party |
| 2 | | complaint in an amount equal to the filing fee the defendant |
| 3 | | would have had to pay had the defendant brought a separate |
| 4 | | action for the relief sought in the counterclaim or third |
| 5 | | party complaint, less the amount of the appearance fee, if |
| 6 | | any, that the defendant has already paid in the action in which |
| 7 | | the counterclaim or third party complaint is filed. |
| 8 | | (d) Alias summons. The clerk shall collect a fee not to |
| 9 | | exceed $6 in a county with a population of 3,000,000 or more |
| 10 | | and not to exceed $5 in any other county for each alias summons |
| 11 | | or citation issued by the clerk, except as applied to units of |
| 12 | | local government and school districts in counties with more |
| 13 | | than 3,000,000 inhabitants an amount not to exceed $5 for each |
| 14 | | alias summons or citation issued by the clerk. |
| 15 | | (e) Jury services. The clerk shall collect, in addition to |
| 16 | | other fees allowed by law, a sum not to exceed $212.50, as a |
| 17 | | fee for the services of a jury in every civil action not |
| 18 | | quasi-criminal in its nature and not a proceeding for the |
| 19 | | exercise of the right of eminent domain and in every other |
| 20 | | action wherein the right of trial by jury is or may be given by |
| 21 | | law. The jury fee shall be paid by the party demanding a jury |
| 22 | | at the time of filing the jury demand. If the fee is not paid |
| 23 | | by either party, no jury shall be called in the action or |
| 24 | | proceeding, and the action or proceeding shall be tried by the |
| 25 | | court without a jury. |
| 26 | | (f) Change of venue. In connection with a change of venue: |
|
| | HB5501 | - 2161 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) The clerk of the jurisdiction from which the case |
| 2 | | is transferred may charge a fee, not to exceed $40, for the |
| 3 | | preparation and certification of the record; and |
| 4 | | (2) The clerk of the jurisdiction to which the case is |
| 5 | | transferred may charge the same filing fee as if it were |
| 6 | | the commencement of a new suit. |
| 7 | | (g) Petition to vacate or modify. |
| 8 | | (1) In a proceeding involving a petition to vacate or |
| 9 | | modify any final judgment or order filed within 30 days |
| 10 | | after the judgment or order was entered, except for an |
| 11 | | eviction case, small claims case, petition to reopen an |
| 12 | | estate, petition to modify, terminate, or enforce a |
| 13 | | judgment or order for child or spousal support, or |
| 14 | | petition to modify, suspend, or terminate an order for |
| 15 | | withholding, the fee shall not exceed $60 in a county with |
| 16 | | a population of 3,000,000 or more and shall not exceed $50 |
| 17 | | in any other county, except as applied to units of local |
| 18 | | government and school districts in counties with more than |
| 19 | | 3,000,000 inhabitants an amount not to exceed $50. |
| 20 | | (2) In a proceeding involving a petition to vacate or |
| 21 | | modify any final judgment or order filed more than 30 days |
| 22 | | after the judgment or order was entered, except for a |
| 23 | | petition to modify, terminate, or enforce a judgment or |
| 24 | | order for child or spousal support, or petition to modify, |
| 25 | | suspend, or terminate an order for withholding, the fee |
| 26 | | shall not exceed $75. |
|
| | HB5501 | - 2162 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (3) In a proceeding involving a motion to vacate or |
| 2 | | amend a final order, motion to vacate an ex parte |
| 3 | | judgment, judgment of forfeiture, or "failure to appear" |
| 4 | | or "failure to comply" notices sent to the Secretary of |
| 5 | | State, the fee shall equal $40. |
| 6 | | (h) Appeals preparation. The fee for preparation of a |
| 7 | | record on appeal shall be based on the number of pages, as |
| 8 | | follows: |
| 9 | | (1) if the record contains no more than 100 pages, the |
| 10 | | fee shall not exceed $70 in a county with a population of |
| 11 | | 3,000,000 or more and shall not exceed $50 in any other |
| 12 | | county; |
| 13 | | (2) if the record contains between 100 and 200 pages, |
| 14 | | the fee shall not exceed $100; and |
| 15 | | (3) if the record contains 200 or more pages, the |
| 16 | | clerk may collect an additional fee not to exceed 25 cents |
| 17 | | per page. |
| 18 | | (i) Remands. In any cases remanded to the circuit court |
| 19 | | from the Supreme Court or the appellate court for a new trial, |
| 20 | | the clerk shall reinstate the case with either its original |
| 21 | | number or a new number. The clerk shall not charge any new or |
| 22 | | additional fee for the reinstatement. Upon reinstatement, the |
| 23 | | clerk shall advise the parties of the reinstatement. Parties |
| 24 | | shall have the same right to a jury trial on remand and |
| 25 | | reinstatement that they had before the appeal, and no |
| 26 | | additional or new fee or charge shall be made for a jury trial |
|
| | HB5501 | - 2163 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | after remand. |
| 2 | | (j) Garnishment, wage deduction, and citation. In |
| 3 | | garnishment affidavit, wage deduction affidavit, and citation |
| 4 | | petition proceedings: |
| 5 | | (1) if the amount in controversy in the proceeding is |
| 6 | | not more than $1,000, the fee may not exceed $35 in a |
| 7 | | county with a population of 3,000,000 or more and may not |
| 8 | | exceed $15 in any other county, except as applied to units |
| 9 | | of local government and school districts in counties with |
| 10 | | more than 3,000,000 inhabitants an amount not to exceed |
| 11 | | $15; |
| 12 | | (2) if the amount in controversy in the proceeding is |
| 13 | | greater than $1,000 and not more than $5,000, the fee may |
| 14 | | not exceed $45 in a county with a population of 3,000,000 |
| 15 | | or more and may not exceed $30 in any other county, except |
| 16 | | as applied to units of local government and school |
| 17 | | districts in counties with more than 3,000,000 inhabitants |
| 18 | | an amount not to exceed $30; and |
| 19 | | (3) if the amount in controversy in the proceeding is |
| 20 | | greater than $5,000, the fee may not exceed $65 in a county |
| 21 | | with a population of 3,000,000 or more and may not exceed |
| 22 | | $50 in any other county, except as applied to units of |
| 23 | | local government and school districts in counties with |
| 24 | | more than 3,000,000 inhabitants an amount not to exceed |
| 25 | | $50. |
| 26 | | (j-5) Debt collection. In any proceeding to collect a debt |
|
| | HB5501 | - 2164 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | subject to the exception in item (ii) of subparagraph (A-5) of |
| 2 | | paragraph (1) of subsection (z) of this Section, the circuit |
| 3 | | court shall order and the clerk shall collect from each |
| 4 | | judgment debtor a fee of: |
| 5 | | (1) $35 if the amount in controversy in the proceeding |
| 6 | | is not more than $1,000; |
| 7 | | (2) $45 if the amount in controversy in the proceeding |
| 8 | | is greater than $1,000 and not more than $5,000; and |
| 9 | | (3) $65 if the amount in controversy in the proceeding |
| 10 | | is greater than $5,000. |
| 11 | | (k) Collections. |
| 12 | | (1) For all collections made of others, except the |
| 13 | | State and county and except in maintenance or child |
| 14 | | support cases, the clerk may collect a fee of up to 2.5% of |
| 15 | | the amount collected and turned over. |
| 16 | | (2) In child support and maintenance cases, the clerk |
| 17 | | may collect an annual fee of up to $36 from the person |
| 18 | | making payment for maintaining child support records and |
| 19 | | the processing of support orders to the State of Illinois |
| 20 | | KIDS system and the recording of payments issued by the |
| 21 | | State Disbursement Unit for the official record of the |
| 22 | | Court. This fee is in addition to and separate from |
| 23 | | amounts ordered to be paid as maintenance or child support |
| 24 | | and shall be deposited into a Separate Maintenance and |
| 25 | | Child Support Collection Fund, of which the clerk shall be |
| 26 | | the custodian, ex officio, to be used by the clerk to |
|
| | HB5501 | - 2165 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | maintain child support orders and record all payments |
| 2 | | issued by the State Disbursement Unit for the official |
| 3 | | record of the Court. The clerk may recover from the person |
| 4 | | making the maintenance or child support payment any |
| 5 | | additional cost incurred in the collection of this annual |
| 6 | | fee. |
| 7 | | (3) The clerk may collect a fee of $5 for |
| 8 | | certifications made to the Secretary of State as provided |
| 9 | | in Section 7-703 of the Illinois Vehicle Code, and this |
| 10 | | fee shall be deposited into the Separate Maintenance and |
| 11 | | Child Support Collection Fund. |
| 12 | | (4) In proceedings
to foreclose the lien of delinquent |
| 13 | | real estate taxes, State's Attorneys
shall receive a fee |
| 14 | | of 10%
of the total amount realized from the sale of real |
| 15 | | estate sold in the
proceedings. The clerk shall collect |
| 16 | | the fee from the total amount realized from
the sale of the |
| 17 | | real estate sold in the proceedings and remit to the |
| 18 | | County Treasurer to be credited to the earnings of the |
| 19 | | Office of the State's Attorney. |
| 20 | | (l) Mailing. The fee for the clerk mailing documents shall |
| 21 | | not exceed $10 plus the cost of postage. |
| 22 | | (m) Certified copies. The fee for each certified copy of a |
| 23 | | judgment, after the first copy, shall not exceed $10. |
| 24 | | (n) Certification, authentication, and reproduction. |
| 25 | | (1) The fee for each certification or authentication |
| 26 | | for taking the acknowledgment of a deed or other |
|
| | HB5501 | - 2166 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | instrument in writing with the seal of office shall not |
| 2 | | exceed $6. |
| 3 | | (2) The fee for reproduction of any document contained |
| 4 | | in the clerk's files shall not exceed: |
| 5 | | (A) $2 for the first page; |
| 6 | | (B) 50 cents per page for the next 19 pages; and |
| 7 | | (C) 25 cents per page for all additional pages. |
| 8 | | (o) Record search. For each record search, within a |
| 9 | | division or municipal district, the clerk may collect a search |
| 10 | | fee not to exceed $6 for each year searched. |
| 11 | | (p) Hard copy. For each page of hard copy print output, |
| 12 | | when case records are maintained on an automated medium, the |
| 13 | | clerk may collect a fee not to exceed $10 in a county with a |
| 14 | | population of 3,000,000 or more and not to exceed $6 in any |
| 15 | | other county, except as applied to units of local government |
| 16 | | and school districts in counties with more than 3,000,000 |
| 17 | | inhabitants an amount not to exceed $6. |
| 18 | | (q) Index inquiry and other records. No fee shall be |
| 19 | | charged for a single plaintiff and defendant index inquiry or |
| 20 | | single case record inquiry when this request is made in person |
| 21 | | and the records are maintained in a current automated medium, |
| 22 | | and when no hard copy print output is requested. The fees to be |
| 23 | | charged for management records, multiple case records, and |
| 24 | | multiple journal records may be specified by the Chief Judge |
| 25 | | pursuant to the guidelines for access and dissemination of |
| 26 | | information approved by the Supreme Court. |
|
| | HB5501 | - 2167 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (r) Performing a marriage. There shall be a $10 fee for |
| 2 | | performing a marriage in court. |
| 3 | | (s) Voluntary assignment. For filing each deed of |
| 4 | | voluntary assignment, the clerk shall collect a fee not to |
| 5 | | exceed $20. For recording a deed of voluntary assignment, the |
| 6 | | clerk shall collect a fee not to exceed 50 cents for each 100 |
| 7 | | words. Exceptions filed to claims presented to an assignee of |
| 8 | | a debtor who has made a voluntary assignment for the benefit of |
| 9 | | creditors shall be considered and treated, for the purpose of |
| 10 | | taxing costs therein, as actions in which the party or parties |
| 11 | | filing the exceptions shall be considered as party or parties |
| 12 | | plaintiff, and the claimant or claimants as party or parties |
| 13 | | defendant, and those parties respectively shall pay to the |
| 14 | | clerk the same fees as provided by this Section to be paid in |
| 15 | | other actions. |
| 16 | | (t) Expungement petition. The clerk may collect a fee not |
| 17 | | to exceed $60 for each expungement petition filed and an |
| 18 | | additional fee not to exceed $4 for each certified copy of an |
| 19 | | order to expunge arrest records. |
| 20 | | (u) Transcripts of judgment. For the filing of a |
| 21 | | transcript of judgment, the clerk may collect the same fee as |
| 22 | | if it were the commencement of a new suit. |
| 23 | | (v) Probate filings. |
| 24 | | (1) For each account (other than one final account) |
| 25 | | filed in the estate of a decedent, or ward, the fee shall |
| 26 | | not exceed $25. |
|
| | HB5501 | - 2168 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) For filing a claim in an estate when the amount |
| 2 | | claimed is greater than $150 and not more than $500, the |
| 3 | | fee shall not exceed $40 in a county with a population of |
| 4 | | 3,000,000 or more and shall not exceed $25 in any other |
| 5 | | county; when the amount claimed is greater than $500 and |
| 6 | | not more than $10,000, the fee shall not exceed $55 in a |
| 7 | | county with a population of 3,000,000 or more and shall |
| 8 | | not exceed $40 in any other county; and when the amount |
| 9 | | claimed is more than $10,000, the fee shall not exceed $75 |
| 10 | | in a county with a population of 3,000,000 or more and |
| 11 | | shall not exceed $60 in any other county; except the court |
| 12 | | in allowing a claim may add to the amount allowed the |
| 13 | | filing fee paid by the claimant. |
| 14 | | (3) For filing in an estate a claim, petition, or |
| 15 | | supplemental proceeding based upon an action seeking |
| 16 | | equitable relief including the construction or contest of |
| 17 | | a will, enforcement of a contract to make a will, and |
| 18 | | proceedings involving testamentary trusts or the |
| 19 | | appointment of testamentary trustees, the fee shall not |
| 20 | | exceed $60. |
| 21 | | (4) There shall be no fee for filing in an estate: (i) |
| 22 | | the appearance of any person for the purpose of consent; |
| 23 | | or (ii) the appearance of an executor, administrator, |
| 24 | | administrator to collect, guardian, guardian ad litem, or |
| 25 | | special administrator. |
| 26 | | (5) For each jury demand, the fee shall not exceed |
|
| | HB5501 | - 2169 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | $137.50. |
| 2 | | (6) For each certified copy of letters of office, of |
| 3 | | court order, or other certification, the fee shall not |
| 4 | | exceed
$2 per page. |
| 5 | | (7) For each exemplification, the fee shall not exceed |
| 6 | | $2, plus the fee for certification. |
| 7 | | (8) The executor, administrator, guardian, petitioner, |
| 8 | | or other interested person or his or her attorney shall |
| 9 | | pay the cost of publication by the clerk directly to the |
| 10 | | newspaper. |
| 11 | | (9) The person on whose behalf a charge is incurred |
| 12 | | for witness, court reporter, appraiser, or other |
| 13 | | miscellaneous fees shall pay the same directly to the |
| 14 | | person entitled thereto. |
| 15 | | (10) The executor, administrator, guardian, |
| 16 | | petitioner, or other interested person or his or her |
| 17 | | attorney shall pay to the clerk all postage charges |
| 18 | | incurred by the clerk in mailing petitions, orders, |
| 19 | | notices, or other documents pursuant to the provisions of |
| 20 | | the Probate Act of 1975. |
| 21 | | (w) Corrections of numbers. For correction of the case |
| 22 | | number, case title, or attorney computer identification |
| 23 | | number, if required by rule of court, on any document filed in |
| 24 | | the clerk's office, to be charged against the party that filed |
| 25 | | the document, the fee shall not exceed $25. |
| 26 | | (x) Miscellaneous. |
|
| | HB5501 | - 2170 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) Interest earned on any fees collected by the clerk |
| 2 | | shall be turned over to the county general fund as an |
| 3 | | earning of the office. |
| 4 | | (2) For any check, draft, or other bank instrument |
| 5 | | returned to the clerk for non-sufficient funds, account |
| 6 | | closed, or payment stopped, the clerk shall collect a fee |
| 7 | | of $25. |
| 8 | | (y) Other fees. Any fees not covered in this Section shall |
| 9 | | be set by rule or administrative order of the circuit court |
| 10 | | with the approval of the Administrative Office of the Illinois |
| 11 | | Courts. The clerk of the circuit court may provide services in |
| 12 | | connection with the operation of the clerk's office, other |
| 13 | | than those services mentioned in this Section, as may be |
| 14 | | requested by the public and agreed to by the clerk and approved |
| 15 | | by the Chief Judge. Any charges for additional services shall |
| 16 | | be as agreed to between the clerk and the party making the |
| 17 | | request and approved by the Chief Judge. Nothing in this |
| 18 | | subsection shall be construed to require any clerk to provide |
| 19 | | any service not otherwise required by law. |
| 20 | | (y-5) Unpaid fees. Unless a court ordered payment schedule |
| 21 | | is implemented or the fee
requirements of this Section are |
| 22 | | waived under a court order, the clerk of
the circuit court may |
| 23 | | add to any unpaid fees and costs under this Section a |
| 24 | | delinquency
amount equal to 5% of the unpaid fees that remain |
| 25 | | unpaid after 30 days, 10% of
the unpaid fees that remain unpaid |
| 26 | | after 60 days, and 15% of the unpaid fees
that remain unpaid |
|
| | HB5501 | - 2171 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | after 90 days. Notice to those parties may be made by
signage |
| 2 | | posting or publication. The additional delinquency amounts |
| 3 | | collected under this Section shall
be deposited into the |
| 4 | | Circuit Court Clerk Operations and Administration Fund and |
| 5 | | used to defray additional administrative costs incurred by the |
| 6 | | clerk of the
circuit court in collecting unpaid fees and |
| 7 | | costs. |
| 8 | | (z) Exceptions. |
| 9 | | (1) No fee authorized by this Section shall apply to: |
| 10 | | (A) police departments or other law enforcement |
| 11 | | agencies. In this Section, "law enforcement agency" |
| 12 | | means: an agency of the State or agency of a unit of |
| 13 | | local government which is vested by law or ordinance |
| 14 | | with the duty to maintain public order and to enforce |
| 15 | | criminal laws or ordinances; the Attorney General; or |
| 16 | | any State's Attorney; |
| 17 | | (A-5) any unit of local government or school |
| 18 | | district, except in counties having a population of |
| 19 | | 500,000 or more the county board may by resolution set |
| 20 | | fees for units of local government or school districts |
| 21 | | no greater than the minimum fees applicable in |
| 22 | | counties with a population less than 3,000,000; |
| 23 | | provided however, no fee may be charged to any unit of |
| 24 | | local government or school district in connection with |
| 25 | | any action which, in whole or in part, is: (i) to |
| 26 | | enforce an ordinance; (ii) to collect a debt; or (iii) |
|
| | HB5501 | - 2172 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | under the Administrative Review Law; |
| 2 | | (B) any action instituted by the corporate |
| 3 | | authority of a municipality with more than 1,000,000 |
| 4 | | inhabitants under Section 11-31-1 of the Illinois |
| 5 | | Municipal Code and any action instituted under |
| 6 | | subsection (b) of Section 11-31-1 of the Illinois |
| 7 | | Municipal Code by a private owner or tenant of real |
| 8 | | property within 1,200 feet of a dangerous or unsafe |
| 9 | | building seeking an order compelling the owner or |
| 10 | | owners of the building to take any of the actions |
| 11 | | authorized under that subsection; |
| 12 | | (C) any commitment petition or petition for an |
| 13 | | order authorizing the administration of psychotropic |
| 14 | | medication or electroconvulsive therapy under the |
| 15 | | Mental Health and Developmental Disabilities Code; |
| 16 | | (D) a petitioner in any order of protection |
| 17 | | proceeding, including, but not limited to, fees for |
| 18 | | filing, modifying, withdrawing, certifying, or |
| 19 | | photocopying petitions for orders of protection, |
| 20 | | issuing alias summons, any related filing service, or |
| 21 | | certifying, modifying, vacating, or photocopying any |
| 22 | | orders of protection; or |
| 23 | | (E) proceedings for the appointment of a |
| 24 | | confidential intermediary under the Adoption Act. |
| 25 | | (2) No fee other than the filing fee contained in the |
| 26 | | applicable schedule in subsection (a) shall be charged to |
|
| | HB5501 | - 2173 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any person in connection with an adoption proceeding. |
| 2 | | (3) Upon good cause shown, the court may waive any |
| 3 | | fees associated with a special needs adoption. The term |
| 4 | | "special needs adoption" has the meaning provided by the |
| 5 | | Illinois Department of Children and Family Services. |
| 6 | | (aa) This Section is repealed on January 1, 2024.
|
| 7 | | (Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; |
| 8 | | 102-278, eff. 8-6-21; 102-558, eff. 8-20-21; revised |
| 9 | | 10-13-21.)
|
| 10 | | Section 590. The Criminal and Traffic Assessment Act is |
| 11 | | amended by changing Section 15-70 as follows:
|
| 12 | | (705 ILCS 135/15-70)
|
| 13 | | (Section scheduled to be repealed on January 1, 2024) |
| 14 | | Sec. 15-70. Conditional assessments. In addition to |
| 15 | | payments under one of the Schedule of Assessments 1 through 13 |
| 16 | | of this Act, the court shall also order payment of any of the |
| 17 | | following conditional assessment amounts for each sentenced |
| 18 | | violation in the case to which a conditional assessment is |
| 19 | | applicable, which shall be collected and remitted by the Clerk |
| 20 | | of the Circuit Court as provided in this Section: |
| 21 | | (1) arson, residential arson, or aggravated arson, |
| 22 | | $500 per conviction to the State Treasurer for deposit |
| 23 | | into the Fire Prevention Fund; |
| 24 | | (2) child pornography under Section 11-20.1 of the |
|
| | HB5501 | - 2174 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Criminal Code of 1961 or the Criminal Code of 2012, $500 |
| 2 | | per conviction, unless more than one agency is responsible |
| 3 | | for the arrest in which case the amount shall be remitted |
| 4 | | to each unit of government equally: |
| 5 | | (A) if the arresting agency is an agency of a unit |
| 6 | | of local government, $500 to the treasurer of the unit |
| 7 | | of local government for deposit into the unit of local |
| 8 | | government's General Fund, except that if the Illinois |
| 9 | | State Police provides digital or electronic forensic |
| 10 | | examination assistance, or both, to the arresting |
| 11 | | agency then $100 to the State Treasurer for deposit |
| 12 | | into the State Crime Laboratory Fund; or |
| 13 | | (B) if the arresting agency is the Illinois State |
| 14 | | Police, $500 to the State Treasurer for deposit into |
| 15 | | the State Crime Laboratory Fund; |
| 16 | | (3)
crime laboratory drug analysis for a drug-related |
| 17 | | offense involving possession or delivery of cannabis or |
| 18 | | possession or delivery of a controlled substance as |
| 19 | | defined in the Cannabis Control Act, the Illinois |
| 20 | | Controlled Substances Act, or the Methamphetamine Control |
| 21 | | and Community Protection Act, $100 reimbursement for |
| 22 | | laboratory analysis, as set forth in subsection (f) of |
| 23 | | Section 5-9-1.4 of the Unified Code of Corrections; |
| 24 | | (4)
DNA analysis, $250 on each conviction in which it |
| 25 | | was used to the State Treasurer for deposit into the State |
| 26 | | Crime Laboratory Fund as set forth in Section 5-9-1.4 of |
|
| | HB5501 | - 2175 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Unified Code of Corrections; |
| 2 | | (5)
DUI analysis, $150 on each sentenced violation in |
| 3 | | which it was used as set forth in subsection (f) of Section |
| 4 | | 5-9-1.9 of the Unified Code of Corrections; |
| 5 | | (6) drug-related
offense involving possession or |
| 6 | | delivery of cannabis or possession or delivery
of a |
| 7 | | controlled substance, other than methamphetamine, as |
| 8 | | defined in the Cannabis Control Act
or the Illinois |
| 9 | | Controlled Substances Act, an amount not less than
the |
| 10 | | full street value of the cannabis or controlled substance |
| 11 | | seized for each conviction to be disbursed as follows: |
| 12 | | (A) 12.5% of the street value assessment shall be |
| 13 | | paid into the Youth Drug Abuse Prevention Fund, to be |
| 14 | | used by the Department of Human Services for the |
| 15 | | funding of programs and services for drug-abuse |
| 16 | | treatment, and prevention and education services; |
| 17 | | (B) 37.5% to the county in which the charge was |
| 18 | | prosecuted, to be deposited into the county General |
| 19 | | Fund; |
| 20 | | (C) 50% to the treasurer of the arresting law |
| 21 | | enforcement agency of the municipality or county, or |
| 22 | | to the State Treasurer if the arresting agency was a |
| 23 | | state agency, to be deposited as provided in |
| 24 | | subsection (c) of Section 10-5; |
| 25 | | (D) if the arrest was made in combination with |
| 26 | | multiple law enforcement agencies, the clerk shall |
|
| | HB5501 | - 2176 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | equitably allocate the portion in subparagraph (C) of |
| 2 | | this paragraph (6) among the law enforcement agencies |
| 3 | | involved in the arrest; |
| 4 | | (6.5) Kane County or Will County, in felony, |
| 5 | | misdemeanor, local or county ordinance, traffic, or |
| 6 | | conservation cases, up to $30 as set by the county board |
| 7 | | under Section 5-1101.3 of the Counties Code upon the entry |
| 8 | | of a judgment of conviction, an order of supervision, or a |
| 9 | | sentence of probation without entry of judgment under |
| 10 | | Section 10 of the Cannabis Control Act, Section 410 of the |
| 11 | | Illinois Controlled Substances Act, Section 70 of the |
| 12 | | Methamphetamine Control and Community Protection Act, |
| 13 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of |
| 14 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
| 15 | | Section 10-102 of the Illinois Alcoholism and Other Drug |
| 16 | | Dependency Act, or Section 10 of the Steroid Control Act; |
| 17 | | except in local or county ordinance, traffic, and |
| 18 | | conservation cases, if fines are paid in full without a |
| 19 | | court appearance, then the assessment shall not be imposed |
| 20 | | or collected. Distribution of assessments collected under |
| 21 | | this paragraph (6.5) shall be as provided in Section |
| 22 | | 5-1101.3 of the Counties Code; |
| 23 | | (7) methamphetamine-related
offense involving |
| 24 | | possession or delivery of methamphetamine or any salt of |
| 25 | | an optical isomer of methamphetamine or possession of a |
| 26 | | methamphetamine manufacturing material as set forth in |
|
| | HB5501 | - 2177 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 10 of the Methamphetamine Control and Community |
| 2 | | Protection Act with the intent to manufacture a substance |
| 3 | | containing methamphetamine or salt of an optical isomer of |
| 4 | | methamphetamine, an amount not less than
the full street |
| 5 | | value of the methamphetamine or salt of an optical isomer |
| 6 | | of methamphetamine or methamphetamine manufacturing |
| 7 | | materials seized for each conviction to be disbursed as |
| 8 | | follows: |
| 9 | | (A) 12.5% of the street value assessment shall be |
| 10 | | paid into the Youth Drug Abuse Prevention Fund, to be |
| 11 | | used by the Department of Human Services for the |
| 12 | | funding of programs and services for drug-abuse |
| 13 | | treatment, and prevention and education services; |
| 14 | | (B) 37.5% to the county in which the charge was |
| 15 | | prosecuted, to be deposited into the county General |
| 16 | | Fund; |
| 17 | | (C) 50% to the treasurer of the arresting law |
| 18 | | enforcement agency of the municipality or county, or |
| 19 | | to the State Treasurer if the arresting agency was a |
| 20 | | state agency, to be deposited as provided in |
| 21 | | subsection (c) of Section 10-5; |
| 22 | | (D) if the arrest was made in combination with |
| 23 | | multiple law enforcement agencies, the clerk shall |
| 24 | | equitably allocate the portion in subparagraph (C) of |
| 25 | | this paragraph (6) among the law enforcement agencies |
| 26 | | involved in the arrest; |
|
| | HB5501 | - 2178 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (8)
order of protection violation under Section 12-3.4 |
| 2 | | of the Criminal Code of 2012, $200 for each conviction to |
| 3 | | the county treasurer for deposit into the Probation and |
| 4 | | Court Services Fund for implementation of a domestic |
| 5 | | violence surveillance program and any other assessments or |
| 6 | | fees imposed under Section 5-9-1.16 of the Unified Code of |
| 7 | | Corrections; |
| 8 | | (9)
order of protection violation, $25 for each |
| 9 | | violation to the State Treasurer, for deposit into the |
| 10 | | Domestic Violence Abuser Services Fund; |
| 11 | | (10)
prosecution by the State's Attorney of a: |
| 12 | | (A) petty or business offense, $4 to the county |
| 13 | | treasurer of which $2 deposited into the State's |
| 14 | | Attorney Records Automation Fund and $2 into the |
| 15 | | Public Defender Records Automation Fund; |
| 16 | | (B) conservation or traffic offense, $2 to the |
| 17 | | county treasurer for deposit into the State's Attorney |
| 18 | | Records Automation Fund; |
| 19 | | (11) speeding in a construction zone violation, $250 |
| 20 | | to the State Treasurer for deposit into the Transportation |
| 21 | | Safety Highway Hire-back Fund, unless (i) the violation |
| 22 | | occurred on a highway other than an interstate highway and |
| 23 | | (ii) a county police officer wrote the ticket for the |
| 24 | | violation, in which case to the county treasurer for |
| 25 | | deposit into that county's Transportation Safety Highway |
| 26 | | Hire-back Fund; |
|
| | HB5501 | - 2179 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (12) supervision disposition on an offense under the |
| 2 | | Illinois Vehicle Code or similar provision of a local |
| 3 | | ordinance, 50 cents, unless waived by the court, into the |
| 4 | | Prisoner Review Board Vehicle and Equipment Fund; |
| 5 | | (13) victim and offender are family or household |
| 6 | | members as defined in Section 103 of the Illinois Domestic |
| 7 | | Violence Act of 1986 and offender pleads guilty
or no |
| 8 | | contest to or is convicted of murder, voluntary |
| 9 | | manslaughter,
involuntary manslaughter, burglary, |
| 10 | | residential burglary, criminal trespass
to residence, |
| 11 | | criminal trespass to vehicle, criminal trespass to land,
|
| 12 | | criminal damage to property, telephone harassment, |
| 13 | | kidnapping, aggravated
kidnaping, unlawful restraint, |
| 14 | | forcible detention, child abduction,
indecent solicitation |
| 15 | | of a child, sexual relations between siblings,
|
| 16 | | exploitation of a child, child pornography, assault, |
| 17 | | aggravated assault,
battery, aggravated battery, heinous |
| 18 | | battery, aggravated battery of a
child, domestic battery, |
| 19 | | reckless conduct, intimidation, criminal sexual
assault, |
| 20 | | predatory criminal sexual assault of a child, aggravated |
| 21 | | criminal
sexual assault, criminal sexual abuse,
aggravated |
| 22 | | criminal sexual abuse, violation of an order of |
| 23 | | protection,
disorderly conduct, endangering the life or |
| 24 | | health of a child, child
abandonment, contributing to |
| 25 | | dependency or neglect of child, or cruelty to
children and |
| 26 | | others, $200 for each sentenced violation to the State |
|
| | HB5501 | - 2180 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Treasurer
for deposit as follows: (i) for sexual assault, |
| 2 | | as defined in Section 5-9-1.7 of the Unified Code of |
| 3 | | Corrections, when
the offender and victim are family |
| 4 | | members, one-half to the Domestic Violence
Shelter and |
| 5 | | Service Fund, and one-half to the Sexual Assault Services |
| 6 | | Fund;
(ii) for the remaining offenses to the Domestic |
| 7 | | Violence Shelter and Service
Fund; |
| 8 | | (14)
violation of Section 11-501 of the Illinois |
| 9 | | Vehicle Code, Section 5-7 of the Snowmobile Registration |
| 10 | | and Safety Act, Section 5-16 of the Boat Registration and |
| 11 | | Safety Act, or a similar provision, whose operation of a |
| 12 | | motor vehicle, snowmobile, or watercraft while in |
| 13 | | violation of Section 11-501, Section 5-7 of the Snowmobile |
| 14 | | Registration and Safety Act, Section 5-16 of the Boat |
| 15 | | Registration and Safety Act, or a similar provision |
| 16 | | proximately caused an incident resulting in an appropriate |
| 17 | | emergency response, $1,000 maximum to the public agency |
| 18 | | that provided an emergency response related to the |
| 19 | | person's violation, or as provided in subsection (c) of |
| 20 | | Section 10-5 if the arresting agency was a State agency, |
| 21 | | unless more than one agency was responsible for the |
| 22 | | arrest, in which case the amount shall be remitted to each |
| 23 | | unit of government equally; |
| 24 | | (15)
violation of Section 401, 407, or 407.2 of the |
| 25 | | Illinois Controlled Substances Act that proximately caused |
| 26 | | any incident resulting in an appropriate drug-related |
|
| | HB5501 | - 2181 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | emergency response, $1,000 as reimbursement for the |
| 2 | | emergency response to the law enforcement agency that
made |
| 3 | | the arrest, or as provided in subsection (c) of Section |
| 4 | | 10-5 if the arresting agency was a State agency, unless |
| 5 | | more than one agency was responsible for the arrest, in |
| 6 | | which case the amount shall be remitted to each unit of |
| 7 | | government equally; |
| 8 | | (16)
violation of reckless driving, aggravated |
| 9 | | reckless driving, or driving 26 miles per hour or more in |
| 10 | | excess of the speed limit that triggered an emergency |
| 11 | | response, $1,000 maximum reimbursement for the emergency |
| 12 | | response to be distributed in its entirety to a public |
| 13 | | agency that provided an emergency response related to the |
| 14 | | person's violation, or as provided in subsection (c) of |
| 15 | | Section 10-5 if the arresting agency was a State agency, |
| 16 | | unless more than one agency was responsible for the |
| 17 | | arrest, in which case the amount shall be remitted to each |
| 18 | | unit of government equally; |
| 19 | | (17) violation based upon each plea of guilty, |
| 20 | | stipulation of facts, or finding of guilt resulting in a |
| 21 | | judgment of conviction or order of supervision for an |
| 22 | | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of |
| 23 | | the Criminal Code of 2012 that results in the imposition |
| 24 | | of a fine, to be distributed as follows:
|
| 25 | | (A) $50 to the county treasurer for deposit into |
| 26 | | the Circuit Court Clerk Operation and Administrative |
|
| | HB5501 | - 2182 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Fund to cover the costs in administering this |
| 2 | | paragraph (17);
|
| 3 | | (B) $300 to the State Treasurer who shall deposit |
| 4 | | the portion as follows:
|
| 5 | | (i) if the arresting or investigating agency |
| 6 | | is the Illinois State
Police, into the State |
| 7 | | Police Law Enforcement Administration Fund;
|
| 8 | | (ii) if the arresting or investigating agency |
| 9 | | is the Department of
Natural Resources, into the |
| 10 | | Conservation Police Operations Assistance Fund;
|
| 11 | | (iii) if the arresting or investigating agency |
| 12 | | is the Secretary of State,
into the Secretary of |
| 13 | | State Police Services Fund;
|
| 14 | | (iv) if the arresting or investigating agency |
| 15 | | is the Illinois Commerce
Commission, into the |
| 16 | | Transportation Regulatory Fund; or
|
| 17 | | (v) if more than one of the State agencies in |
| 18 | | this subparagraph (B) is the arresting or |
| 19 | | investigating agency, then equal shares with the |
| 20 | | shares deposited as provided in the applicable |
| 21 | | items (i) through (iv) of this subparagraph (B); |
| 22 | | and |
| 23 | | (C) the remainder for deposit into the Specialized |
| 24 | | Services for Survivors of Human Trafficking Fund;
|
| 25 | | (18) weapons violation under Section 24-1.1, 24-1.2, |
| 26 | | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code |
|
| | HB5501 | - 2183 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of 2012, $100 for each conviction to the State Treasurer |
| 2 | | for deposit into the Trauma Center Fund; and
|
| 3 | | (19) violation of subsection (c) of Section 11-907 of |
| 4 | | the Illinois Vehicle Code, $250 to the State Treasurer for |
| 5 | | deposit into the Scott's Law Fund, unless a county or |
| 6 | | municipal police officer wrote the ticket for the |
| 7 | | violation, in which case to the county treasurer for |
| 8 | | deposit into that county's or municipality's |
| 9 | | Transportation Safety Highway Hire-back Fund to be used as |
| 10 | | provided in subsection (j) of Section 11-907 of the |
| 11 | | Illinois Vehicle Code. |
| 12 | | (Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20; |
| 13 | | 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff. |
| 14 | | 8-20-21; revised 10-13-21.)
|
| 15 | | Section 595. The Juvenile Court Act of 1987 is amended by |
| 16 | | setting forth and renumbering multiple versions of Section |
| 17 | | 1-4.2 and by changing Sections 1-7, 1-8, 2-10, 2-28, 5-501, |
| 18 | | and 5-901 as follows:
|
| 19 | | (705 ILCS 405/1-4.2) |
| 20 | | Sec. 1-4.2. Trauma-sensitive transport. |
| 21 | | (a) The Department of Children and Family Services shall |
| 22 | | ensure the provision of trauma-sensitive transport to minors |
| 23 | | placed in its care
in accordance with this Act. |
| 24 | | Notwithstanding any other law to the contrary, no minor shall |
|
| | HB5501 | - 2184 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be
subjected to restraints, as defined in Section 4e of the |
| 2 | | Children and Family Services Act, during the provision of any |
| 3 | | transportation services
provided or arranged by the Department |
| 4 | | of Children and Family Services or its contractual assigns. |
| 5 | | (b) The Department of Children and Family Services' |
| 6 | | application to the court for approval of an individualized |
| 7 | | trauma-sensitive
transportation plan must include a copy of |
| 8 | | the plan developed in accordance with Section 4e of the |
| 9 | | Children
and Family Services Act and the written approval of |
| 10 | | the Department as required by paragraph (2) of subsection (e) |
| 11 | | of
Section 4e of the Children and Family Services Act. |
| 12 | | (c) When considering whether to approve the individualized |
| 13 | | trauma-sensitive transportation plan, the court shall
consider |
| 14 | | the minor's best interest and the following additional |
| 15 | | factors: the reason for the transport, the
type of placement |
| 16 | | the minor is being transported from and to, the anticipated |
| 17 | | length of travel, the
clinical needs of the minor, including |
| 18 | | any medical or emotional needs, any available less restrictive
|
| 19 | | alternatives, and any other factor the court deems relevant. |
| 20 | | The court may require amendments to the
minor's |
| 21 | | trauma-sensitive individualized transportation plan based on |
| 22 | | written findings of fact that the
plan, as written, is not in |
| 23 | | the minor's best interest.
|
| 24 | | (Source: P.A. 102-649, eff. 8-27-21.)
|
| 25 | | (705 ILCS 405/1-4.3)
|
|
| | HB5501 | - 2185 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 1-4.3 1-4.2. Special immigrant minor. |
| 2 | | (a) The court hearing a case under this Act has |
| 3 | | jurisdiction to make the findings necessary to enable a minor |
| 4 | | who has been adjudicated a ward of the court to petition the |
| 5 | | United States Citizenship and Immigration Services for |
| 6 | | classification as a special immigrant juvenile under 8 U.S.C. |
| 7 | | 1101(a)(27)(J). A minor for whom the court finds under |
| 8 | | subsection (b) shall remain under the jurisdiction of the |
| 9 | | court until his or her special immigrant juvenile petition is |
| 10 | | filed with the United States Citizenship and Immigration |
| 11 | | Services, or its successor agency. |
| 12 | | (b) If a motion requests findings regarding Special |
| 13 | | Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and |
| 14 | | the evidence, which may consist solely of, but is not limited |
| 15 | | to, a declaration of the minor, supports the findings, the |
| 16 | | court shall issue an order that includes the following |
| 17 | | findings: |
| 18 | | (1) the minor is: |
| 19 | | (i) declared a dependent of the court; or |
| 20 | | (ii) legally committed to, or placed under the |
| 21 | | custody of, a State agency or department, or an |
| 22 | | individual or entity appointed by the court; |
| 23 | | (2) that reunification of the minor with one or both |
| 24 | | of the minor's parents is not viable due to abuse, |
| 25 | | neglect, abandonment, or other similar basis; and |
| 26 | | (3) that it is not in the best interest of the minor to |
|
| | HB5501 | - 2186 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be returned to the minor's or parent's previous country of |
| 2 | | nationality or last habitual residence. |
| 3 | | (c) For purposes of this Section: |
| 4 | | "Abandonment" means, but is not limited to, the failure of |
| 5 | | a parent or legal guardian to maintain a reasonable degree of |
| 6 | | interest, concern, or responsibility for the welfare of his or |
| 7 | | her minor child or ward. "Abandonment" includes the definition |
| 8 | | of "dependency" provided in Section 2-4. |
| 9 | | "Abuse" has the meaning provided in Section 2-3. |
| 10 | | "Neglect" has the meaning provided in Section 2-3.
|
| 11 | | (Source: P.A. 102-259, eff. 8-6-21; revised 11-18-21.)
|
| 12 | | (705 ILCS 405/1-7)
|
| 13 | | (Text of Section before amendment by P.A. 101-652) |
| 14 | | Sec. 1-7. Confidentiality of juvenile law enforcement and |
| 15 | | municipal ordinance violation records.
|
| 16 | | (A) All juvenile law enforcement records which have not |
| 17 | | been expunged are confidential and may never be disclosed to |
| 18 | | the general public or otherwise made widely available. |
| 19 | | Juvenile law enforcement records may be obtained only under |
| 20 | | this Section and Section 1-8 and Part 9 of Article V of this |
| 21 | | Act, when their use is needed for good cause and with an order |
| 22 | | from the juvenile court, as required by those not authorized |
| 23 | | to retain them. Inspection, copying, and disclosure of |
| 24 | | juvenile law enforcement records maintained by law
enforcement |
| 25 | | agencies or records of municipal ordinance violations |
|
| | HB5501 | - 2187 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | maintained by any State, local, or municipal agency that |
| 2 | | relate to a minor who has been investigated, arrested, or |
| 3 | | taken
into custody before his or her 18th birthday shall be |
| 4 | | restricted to the
following:
|
| 5 | | (0.05) The minor who is the subject of the juvenile |
| 6 | | law enforcement record, his or her parents, guardian, and |
| 7 | | counsel. |
| 8 | | (0.10) Judges of the circuit court and members of the |
| 9 | | staff of the court designated by the judge. |
| 10 | | (0.15) An administrative adjudication hearing officer |
| 11 | | or members of the staff designated to assist in the |
| 12 | | administrative adjudication process. |
| 13 | | (1) Any local, State, or federal law enforcement |
| 14 | | officers or designated law enforcement staff of any
|
| 15 | | jurisdiction or agency when necessary for the discharge of |
| 16 | | their official
duties during the investigation or |
| 17 | | prosecution of a crime or relating to a
minor who has been |
| 18 | | adjudicated delinquent and there has been a previous |
| 19 | | finding
that the act which constitutes the previous |
| 20 | | offense was committed in
furtherance of criminal |
| 21 | | activities by a criminal street gang, or, when necessary |
| 22 | | for the discharge of its official duties in connection |
| 23 | | with a particular investigation of the conduct of a law |
| 24 | | enforcement officer, an independent agency or its staff |
| 25 | | created by ordinance and charged by a unit of local |
| 26 | | government with the duty of investigating the conduct of |
|
| | HB5501 | - 2188 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | law enforcement officers. For purposes of
this Section, |
| 2 | | "criminal street gang" has the meaning ascribed to it in
|
| 3 | | Section 10 of the Illinois Streetgang Terrorism Omnibus |
| 4 | | Prevention Act.
|
| 5 | | (2) Prosecutors, public defenders, probation officers, |
| 6 | | social workers, or other
individuals assigned by the court |
| 7 | | to conduct a pre-adjudication or
pre-disposition |
| 8 | | investigation, and individuals responsible for supervising
|
| 9 | | or providing temporary or permanent care and custody for |
| 10 | | minors under
the order of the juvenile court, when |
| 11 | | essential to performing their
responsibilities.
|
| 12 | | (3) Federal, State, or local prosecutors, public |
| 13 | | defenders, probation officers, and designated staff:
|
| 14 | | (a) in the course of a trial when institution of |
| 15 | | criminal proceedings
has been permitted or required |
| 16 | | under Section 5-805;
|
| 17 | | (b) when institution of criminal proceedings has |
| 18 | | been permitted or required under Section 5-805 and the |
| 19 | | minor is the
subject
of a proceeding to determine the |
| 20 | | amount of bail;
|
| 21 | | (c) when criminal proceedings have been permitted
|
| 22 | | or
required under Section 5-805 and the minor is the |
| 23 | | subject of a
pre-trial
investigation, pre-sentence |
| 24 | | investigation, fitness hearing, or proceedings
on an |
| 25 | | application for probation; or
|
| 26 | | (d) in the course of prosecution or administrative |
|
| | HB5501 | - 2189 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | adjudication of a violation of a traffic, boating, or |
| 2 | | fish and game law, or a county or municipal ordinance. |
| 3 | | (4) Adult and Juvenile Prisoner Review Board.
|
| 4 | | (5) Authorized military personnel.
|
| 5 | | (5.5) Employees of the federal government authorized |
| 6 | | by law. |
| 7 | | (6) Persons engaged in bona fide research, with the |
| 8 | | permission of the
Presiding Judge and the chief executive |
| 9 | | of the respective
law enforcement agency; provided that |
| 10 | | publication of such research results
in no disclosure of a |
| 11 | | minor's identity and protects the confidentiality
of the |
| 12 | | minor's record.
|
| 13 | | (7) Department of Children and Family Services child |
| 14 | | protection
investigators acting in their official |
| 15 | | capacity.
|
| 16 | | (8) The appropriate school official only if the agency |
| 17 | | or officer believes that there is an imminent threat of |
| 18 | | physical harm to students, school personnel, or others who |
| 19 | | are present in the school or on school grounds. |
| 20 | | (A) Inspection and copying
shall be limited to |
| 21 | | juvenile law enforcement records transmitted to the |
| 22 | | appropriate
school official or officials whom the |
| 23 | | school has determined to have a legitimate educational |
| 24 | | or safety interest by a local law enforcement agency |
| 25 | | under a reciprocal reporting
system established and |
| 26 | | maintained between the school district and the local |
|
| | HB5501 | - 2190 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | law
enforcement agency under Section 10-20.14 of the |
| 2 | | School Code concerning a minor
enrolled in a school |
| 3 | | within the school district who has been arrested or |
| 4 | | taken
into custody for any of the following offenses:
|
| 5 | | (i) any violation of Article 24 of the |
| 6 | | Criminal Code of
1961 or the Criminal Code of |
| 7 | | 2012;
|
| 8 | | (ii) a violation of the Illinois Controlled |
| 9 | | Substances Act;
|
| 10 | | (iii) a violation of the Cannabis Control Act;
|
| 11 | | (iv) a forcible felony as defined in Section |
| 12 | | 2-8 of the Criminal Code
of 1961 or the Criminal |
| 13 | | Code of 2012; |
| 14 | | (v) a violation of the Methamphetamine Control |
| 15 | | and Community Protection Act;
|
| 16 | | (vi) a violation of Section 1-2 of the |
| 17 | | Harassing and Obscene Communications Act; |
| 18 | | (vii) a violation of the Hazing Act; or |
| 19 | | (viii) a violation of Section 12-1, 12-2, |
| 20 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, |
| 21 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the |
| 22 | | Criminal Code of 1961 or the Criminal Code of |
| 23 | | 2012. |
| 24 | | The information derived from the juvenile law |
| 25 | | enforcement records shall be kept separate from and |
| 26 | | shall not become a part of the official school record |
|
| | HB5501 | - 2191 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of that child and shall not be a public record. The |
| 2 | | information shall be used solely by the appropriate |
| 3 | | school official or officials whom the school has |
| 4 | | determined to have a legitimate educational or safety |
| 5 | | interest to aid in the proper rehabilitation of the |
| 6 | | child and to protect the safety of students and |
| 7 | | employees in the school. If the designated law |
| 8 | | enforcement and school officials deem it to be in the |
| 9 | | best interest of the minor, the student may be |
| 10 | | referred to in-school or community-based social |
| 11 | | services if those services are available. |
| 12 | | "Rehabilitation services" may include interventions by |
| 13 | | school support personnel, evaluation for eligibility |
| 14 | | for special education, referrals to community-based |
| 15 | | agencies such as youth services, behavioral healthcare |
| 16 | | service providers, drug and alcohol prevention or |
| 17 | | treatment programs, and other interventions as deemed |
| 18 | | appropriate for the student. |
| 19 | | (B) Any information provided to appropriate school |
| 20 | | officials whom the school has determined to have a |
| 21 | | legitimate educational or safety interest by local law |
| 22 | | enforcement officials about a minor who is the subject |
| 23 | | of a current police investigation that is directly |
| 24 | | related to school safety shall consist of oral |
| 25 | | information only, and not written juvenile law |
| 26 | | enforcement records, and shall be used solely by the |
|
| | HB5501 | - 2192 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | appropriate school official or officials to protect |
| 2 | | the safety of students and employees in the school and |
| 3 | | aid in the proper rehabilitation of the child. The |
| 4 | | information derived orally from the local law |
| 5 | | enforcement officials shall be kept separate from and |
| 6 | | shall not become a part of the official school record |
| 7 | | of the child and shall not be a public record. This |
| 8 | | limitation on the use of information about a minor who |
| 9 | | is the subject of a current police investigation shall |
| 10 | | in no way limit the use of this information by |
| 11 | | prosecutors in pursuing criminal charges arising out |
| 12 | | of the information disclosed during a police |
| 13 | | investigation of the minor. For purposes of this |
| 14 | | paragraph, "investigation" means an official |
| 15 | | systematic inquiry by a law enforcement agency into |
| 16 | | actual or suspected criminal activity. |
| 17 | | (9) Mental health professionals on behalf of the |
| 18 | | Department of
Corrections or the Department of Human |
| 19 | | Services or prosecutors who are
evaluating, prosecuting, |
| 20 | | or investigating a potential or actual petition
brought
|
| 21 | | under the Sexually Violent Persons Commitment Act relating |
| 22 | | to a person who is
the
subject of juvenile law enforcement |
| 23 | | records or the respondent to a petition
brought under the |
| 24 | | Sexually Violent Persons Commitment Act who is the subject |
| 25 | | of
the
juvenile law enforcement records sought.
Any |
| 26 | | juvenile law enforcement records and any information |
|
| | HB5501 | - 2193 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | obtained from those juvenile law enforcement records under |
| 2 | | this
paragraph (9) may be used only in sexually violent |
| 3 | | persons commitment
proceedings.
|
| 4 | | (10) The president of a park district. Inspection and |
| 5 | | copying shall be limited to juvenile law enforcement |
| 6 | | records transmitted to the president of the park district |
| 7 | | by the Illinois State Police under Section 8-23 of the |
| 8 | | Park District Code or Section 16a-5 of the Chicago Park |
| 9 | | District Act concerning a person who is seeking employment |
| 10 | | with that park district and who has been adjudicated a |
| 11 | | juvenile delinquent for any of the offenses listed in |
| 12 | | subsection (c) of Section 8-23 of the Park District Code |
| 13 | | or subsection (c) of Section 16a-5 of the Chicago Park |
| 14 | | District Act. |
| 15 | | (11) Persons managing and designated to participate in |
| 16 | | a court diversion program as designated in subsection (6) |
| 17 | | of Section 5-105. |
| 18 | | (12) The Public Access Counselor of the Office of the |
| 19 | | Attorney General, when reviewing juvenile law enforcement |
| 20 | | records under its powers and duties under the Freedom of |
| 21 | | Information Act. |
| 22 | | (13) Collection agencies, contracted or otherwise |
| 23 | | engaged by a governmental entity, to collect any debts due |
| 24 | | and owing to the governmental entity. |
| 25 | | (B)(1) Except as provided in paragraph (2), no law |
| 26 | | enforcement
officer or other person or agency may knowingly |
|
| | HB5501 | - 2194 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | transmit to the Department of
Corrections, the Illinois State |
| 2 | | Police, or the Federal
Bureau of Investigation any fingerprint |
| 3 | | or photograph relating to a minor who
has been arrested or |
| 4 | | taken into custody before his or her 18th birthday,
unless the |
| 5 | | court in proceedings under this Act authorizes the |
| 6 | | transmission or
enters an order under Section 5-805 permitting |
| 7 | | or requiring the
institution of
criminal proceedings.
|
| 8 | | (2) Law enforcement officers or other persons or agencies |
| 9 | | shall transmit
to the Illinois State Police copies of |
| 10 | | fingerprints and descriptions
of all minors who have been |
| 11 | | arrested or taken into custody before their
18th birthday for |
| 12 | | the offense of unlawful use of weapons under Article 24 of
the |
| 13 | | Criminal Code of 1961 or the Criminal Code of 2012, a Class X |
| 14 | | or Class 1 felony, a forcible felony as
defined in Section 2-8 |
| 15 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or a |
| 16 | | Class 2 or greater
felony under the Cannabis Control Act, the |
| 17 | | Illinois Controlled Substances Act, the Methamphetamine |
| 18 | | Control and Community Protection Act,
or Chapter 4 of the |
| 19 | | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal |
| 20 | | Identification Act. Information reported to the Department |
| 21 | | pursuant
to this Section may be maintained with records that |
| 22 | | the Department files
pursuant to Section 2.1 of the Criminal |
| 23 | | Identification Act. Nothing in this
Act prohibits a law |
| 24 | | enforcement agency from fingerprinting a minor taken into
|
| 25 | | custody or arrested before his or her 18th birthday for an |
| 26 | | offense other than
those listed in this paragraph (2).
|
|
| | HB5501 | - 2195 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (C) The records of law enforcement officers, or of an |
| 2 | | independent agency created by ordinance and charged by a unit |
| 3 | | of local government with the duty of investigating the conduct |
| 4 | | of law enforcement officers, concerning all minors under
18 |
| 5 | | years of age must be maintained separate from the records of |
| 6 | | arrests and
may not be open to public inspection or their |
| 7 | | contents disclosed to the
public. For purposes of obtaining |
| 8 | | documents under this Section, a civil subpoena is not an order |
| 9 | | of the court. |
| 10 | | (1) In cases where the law enforcement, or independent |
| 11 | | agency, records concern a pending juvenile court case, the |
| 12 | | party seeking to inspect the records shall provide actual |
| 13 | | notice to the attorney or guardian ad litem of the minor |
| 14 | | whose records are sought. |
| 15 | | (2) In cases where the records concern a juvenile |
| 16 | | court case that is no longer pending, the party seeking to |
| 17 | | inspect the records shall provide actual notice to the |
| 18 | | minor or the minor's parent or legal guardian, and the |
| 19 | | matter shall be referred to the chief judge presiding over |
| 20 | | matters pursuant to this Act. |
| 21 | | (3) In determining whether the records should be |
| 22 | | available for inspection, the court shall consider the |
| 23 | | minor's interest in confidentiality and rehabilitation |
| 24 | | over the moving party's interest in obtaining the |
| 25 | | information. Any records obtained in violation of this |
| 26 | | subsection (C) shall not be admissible in any criminal or |
|
| | HB5501 | - 2196 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | civil proceeding, or operate to disqualify a minor from |
| 2 | | subsequently holding public office or securing employment, |
| 3 | | or operate as a forfeiture of any public benefit, right, |
| 4 | | privilege, or right to receive any license granted by |
| 5 | | public authority.
|
| 6 | | (D) Nothing contained in subsection (C) of this Section |
| 7 | | shall prohibit
the inspection or disclosure to victims and |
| 8 | | witnesses of photographs
contained in the records of law |
| 9 | | enforcement agencies when the
inspection and disclosure is |
| 10 | | conducted in the presence of a law enforcement
officer for the |
| 11 | | purpose of the identification or apprehension of any person
|
| 12 | | subject to the provisions of this Act or for the investigation |
| 13 | | or
prosecution of any crime.
|
| 14 | | (E) Law enforcement officers, and personnel of an |
| 15 | | independent agency created by ordinance and charged by a unit |
| 16 | | of local government with the duty of investigating the conduct |
| 17 | | of law enforcement officers, may not disclose the identity of |
| 18 | | any minor
in releasing information to the general public as to |
| 19 | | the arrest, investigation
or disposition of any case involving |
| 20 | | a minor.
|
| 21 | | (F) Nothing contained in this Section shall prohibit law |
| 22 | | enforcement
agencies from communicating with each other by |
| 23 | | letter, memorandum, teletype, or
intelligence alert bulletin |
| 24 | | or other means the identity or other relevant
information |
| 25 | | pertaining to a person under 18 years of age if there are
|
| 26 | | reasonable grounds to believe that the person poses a real and |
|
| | HB5501 | - 2197 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | present danger
to the safety of the public or law enforcement |
| 2 | | officers. The information
provided under this subsection (F) |
| 3 | | shall remain confidential and shall not
be publicly disclosed, |
| 4 | | except as otherwise allowed by law.
|
| 5 | | (G) Nothing in this Section shall prohibit the right of a |
| 6 | | Civil Service
Commission or appointing authority of any |
| 7 | | federal government, state, county or municipality
examining |
| 8 | | the character and fitness of an applicant for employment with |
| 9 | | a law
enforcement agency, correctional institution, or fire |
| 10 | | department
from obtaining and examining the
records of any law |
| 11 | | enforcement agency relating to any record of the applicant
|
| 12 | | having been arrested or taken into custody before the |
| 13 | | applicant's 18th
birthday.
|
| 14 | | (G-5) Information identifying victims and alleged victims |
| 15 | | of sex offenses shall not be disclosed or open to the public |
| 16 | | under any circumstances. Nothing in this Section shall |
| 17 | | prohibit the victim or alleged victim of any sex offense from |
| 18 | | voluntarily disclosing his or her own identity. |
| 19 | | (H) The changes made to this Section by Public Act 98-61 |
| 20 | | apply to law enforcement records of a minor who has been |
| 21 | | arrested or taken into custody on or after January 1, 2014 (the |
| 22 | | effective date of Public Act 98-61). |
| 23 | | (H-5) Nothing in this Section shall require any court or |
| 24 | | adjudicative proceeding for traffic, boating, fish and game |
| 25 | | law, or municipal and county ordinance violations to be closed |
| 26 | | to the public. |
|
| | HB5501 | - 2198 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (I) Willful violation of this Section is a Class C |
| 2 | | misdemeanor and each violation is subject to a fine of $1,000. |
| 3 | | This subsection (I) shall not apply to the person who is the |
| 4 | | subject of the record. |
| 5 | | (J) A person convicted of violating this Section is liable |
| 6 | | for damages in the amount of $1,000 or actual damages, |
| 7 | | whichever is greater. |
| 8 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
| 9 | | (Text of Section after amendment by P.A. 101-652)
|
| 10 | | Sec. 1-7. Confidentiality of juvenile law enforcement and |
| 11 | | municipal ordinance violation records.
|
| 12 | | (A) All juvenile law enforcement records which have not |
| 13 | | been expunged are confidential and may never be disclosed to |
| 14 | | the general public or otherwise made widely available. |
| 15 | | Juvenile law enforcement records may be obtained only under |
| 16 | | this Section and Section 1-8 and Part 9 of Article V of this |
| 17 | | Act, when their use is needed for good cause and with an order |
| 18 | | from the juvenile court, as required by those not authorized |
| 19 | | to retain them. Inspection, copying, and disclosure of |
| 20 | | juvenile law enforcement records maintained by law
enforcement |
| 21 | | agencies or records of municipal ordinance violations |
| 22 | | maintained by any State, local, or municipal agency that |
| 23 | | relate to a minor who has been investigated, arrested, or |
| 24 | | taken
into custody before his or her 18th birthday shall be |
| 25 | | restricted to the
following:
|
|
| | HB5501 | - 2199 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (0.05) The minor who is the subject of the juvenile |
| 2 | | law enforcement record, his or her parents, guardian, and |
| 3 | | counsel. |
| 4 | | (0.10) Judges of the circuit court and members of the |
| 5 | | staff of the court designated by the judge. |
| 6 | | (0.15) An administrative adjudication hearing officer |
| 7 | | or members of the staff designated to assist in the |
| 8 | | administrative adjudication process. |
| 9 | | (1) Any local, State, or federal law enforcement |
| 10 | | officers or designated law enforcement staff of any
|
| 11 | | jurisdiction or agency when necessary for the discharge of |
| 12 | | their official
duties during the investigation or |
| 13 | | prosecution of a crime or relating to a
minor who has been |
| 14 | | adjudicated delinquent and there has been a previous |
| 15 | | finding
that the act which constitutes the previous |
| 16 | | offense was committed in
furtherance of criminal |
| 17 | | activities by a criminal street gang, or, when necessary |
| 18 | | for the discharge of its official duties in connection |
| 19 | | with a particular investigation of the conduct of a law |
| 20 | | enforcement officer, an independent agency or its staff |
| 21 | | created by ordinance and charged by a unit of local |
| 22 | | government with the duty of investigating the conduct of |
| 23 | | law enforcement officers. For purposes of
this Section, |
| 24 | | "criminal street gang" has the meaning ascribed to it in
|
| 25 | | Section 10 of the Illinois Streetgang Terrorism Omnibus |
| 26 | | Prevention Act.
|
|
| | HB5501 | - 2200 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (2) Prosecutors, public defenders, probation officers, |
| 2 | | social workers, or other
individuals assigned by the court |
| 3 | | to conduct a pre-adjudication or
pre-disposition |
| 4 | | investigation, and individuals responsible for supervising
|
| 5 | | or providing temporary or permanent care and custody for |
| 6 | | minors under
the order of the juvenile court, when |
| 7 | | essential to performing their
responsibilities.
|
| 8 | | (3) Federal, State, or local prosecutors, public |
| 9 | | defenders, probation officers, and designated staff:
|
| 10 | | (a) in the course of a trial when institution of |
| 11 | | criminal proceedings
has been permitted or required |
| 12 | | under Section 5-805;
|
| 13 | | (b) when institution of criminal proceedings has |
| 14 | | been permitted or required under Section 5-805 and the |
| 15 | | minor is the
subject
of a proceeding to determine the |
| 16 | | conditions of pretrial release;
|
| 17 | | (c) when criminal proceedings have been permitted
|
| 18 | | or
required under Section 5-805 and the minor is the |
| 19 | | subject of a
pre-trial
investigation, pre-sentence |
| 20 | | investigation, fitness hearing, or proceedings
on an |
| 21 | | application for probation; or
|
| 22 | | (d) in the course of prosecution or administrative |
| 23 | | adjudication of a violation of a traffic, boating, or |
| 24 | | fish and game law, or a county or municipal ordinance. |
| 25 | | (4) Adult and Juvenile Prisoner Review Board.
|
| 26 | | (5) Authorized military personnel.
|
|
| | HB5501 | - 2202 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (i) any violation of Article 24 of the |
| 2 | | Criminal Code of
1961 or the Criminal Code of |
| 3 | | 2012;
|
| 4 | | (ii) a violation of the Illinois Controlled |
| 5 | | Substances Act;
|
| 6 | | (iii) a violation of the Cannabis Control Act;
|
| 7 | | (iv) a forcible felony as defined in Section |
| 8 | | 2-8 of the Criminal Code
of 1961 or the Criminal |
| 9 | | Code of 2012; |
| 10 | | (v) a violation of the Methamphetamine Control |
| 11 | | and Community Protection Act;
|
| 12 | | (vi) a violation of Section 1-2 of the |
| 13 | | Harassing and Obscene Communications Act; |
| 14 | | (vii) a violation of the Hazing Act; or |
| 15 | | (viii) a violation of Section 12-1, 12-2, |
| 16 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, |
| 17 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the |
| 18 | | Criminal Code of 1961 or the Criminal Code of |
| 19 | | 2012. |
| 20 | | The information derived from the juvenile law |
| 21 | | enforcement records shall be kept separate from and |
| 22 | | shall not become a part of the official school record |
| 23 | | of that child and shall not be a public record. The |
| 24 | | information shall be used solely by the appropriate |
| 25 | | school official or officials whom the school has |
| 26 | | determined to have a legitimate educational or safety |
|
| | HB5501 | - 2203 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | interest to aid in the proper rehabilitation of the |
| 2 | | child and to protect the safety of students and |
| 3 | | employees in the school. If the designated law |
| 4 | | enforcement and school officials deem it to be in the |
| 5 | | best interest of the minor, the student may be |
| 6 | | referred to in-school or community-based social |
| 7 | | services if those services are available. |
| 8 | | "Rehabilitation services" may include interventions by |
| 9 | | school support personnel, evaluation for eligibility |
| 10 | | for special education, referrals to community-based |
| 11 | | agencies such as youth services, behavioral healthcare |
| 12 | | service providers, drug and alcohol prevention or |
| 13 | | treatment programs, and other interventions as deemed |
| 14 | | appropriate for the student. |
| 15 | | (B) Any information provided to appropriate school |
| 16 | | officials whom the school has determined to have a |
| 17 | | legitimate educational or safety interest by local law |
| 18 | | enforcement officials about a minor who is the subject |
| 19 | | of a current police investigation that is directly |
| 20 | | related to school safety shall consist of oral |
| 21 | | information only, and not written juvenile law |
| 22 | | enforcement records, and shall be used solely by the |
| 23 | | appropriate school official or officials to protect |
| 24 | | the safety of students and employees in the school and |
| 25 | | aid in the proper rehabilitation of the child. The |
| 26 | | information derived orally from the local law |
|
| | HB5501 | - 2204 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | enforcement officials shall be kept separate from and |
| 2 | | shall not become a part of the official school record |
| 3 | | of the child and shall not be a public record. This |
| 4 | | limitation on the use of information about a minor who |
| 5 | | is the subject of a current police investigation shall |
| 6 | | in no way limit the use of this information by |
| 7 | | prosecutors in pursuing criminal charges arising out |
| 8 | | of the information disclosed during a police |
| 9 | | investigation of the minor. For purposes of this |
| 10 | | paragraph, "investigation" means an official |
| 11 | | systematic inquiry by a law enforcement agency into |
| 12 | | actual or suspected criminal activity. |
| 13 | | (9) Mental health professionals on behalf of the |
| 14 | | Department of
Corrections or the Department of Human |
| 15 | | Services or prosecutors who are
evaluating, prosecuting, |
| 16 | | or investigating a potential or actual petition
brought
|
| 17 | | under the Sexually Violent Persons Commitment Act relating |
| 18 | | to a person who is
the
subject of juvenile law enforcement |
| 19 | | records or the respondent to a petition
brought under the |
| 20 | | Sexually Violent Persons Commitment Act who is the subject |
| 21 | | of
the
juvenile law enforcement records sought.
Any |
| 22 | | juvenile law enforcement records and any information |
| 23 | | obtained from those juvenile law enforcement records under |
| 24 | | this
paragraph (9) may be used only in sexually violent |
| 25 | | persons commitment
proceedings.
|
| 26 | | (10) The president of a park district. Inspection and |
|
| | HB5501 | - 2205 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | copying shall be limited to juvenile law enforcement |
| 2 | | records transmitted to the president of the park district |
| 3 | | by the Illinois State Police under Section 8-23 of the |
| 4 | | Park District Code or Section 16a-5 of the Chicago Park |
| 5 | | District Act concerning a person who is seeking employment |
| 6 | | with that park district and who has been adjudicated a |
| 7 | | juvenile delinquent for any of the offenses listed in |
| 8 | | subsection (c) of Section 8-23 of the Park District Code |
| 9 | | or subsection (c) of Section 16a-5 of the Chicago Park |
| 10 | | District Act. |
| 11 | | (11) Persons managing and designated to participate in |
| 12 | | a court diversion program as designated in subsection (6) |
| 13 | | of Section 5-105. |
| 14 | | (12) The Public Access Counselor of the Office of the |
| 15 | | Attorney General, when reviewing juvenile law enforcement |
| 16 | | records under its powers and duties under the Freedom of |
| 17 | | Information Act. |
| 18 | | (13) Collection agencies, contracted or otherwise |
| 19 | | engaged by a governmental entity, to collect any debts due |
| 20 | | and owing to the governmental entity. |
| 21 | | (B)(1) Except as provided in paragraph (2), no law |
| 22 | | enforcement
officer or other person or agency may knowingly |
| 23 | | transmit to the Department of
Corrections, the Illinois State |
| 24 | | Police, or the Federal
Bureau of Investigation any fingerprint |
| 25 | | or photograph relating to a minor who
has been arrested or |
| 26 | | taken into custody before his or her 18th birthday,
unless the |
|
| | HB5501 | - 2206 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | court in proceedings under this Act authorizes the |
| 2 | | transmission or
enters an order under Section 5-805 permitting |
| 3 | | or requiring the
institution of
criminal proceedings.
|
| 4 | | (2) Law enforcement officers or other persons or agencies |
| 5 | | shall transmit
to the Illinois State Police copies of |
| 6 | | fingerprints and descriptions
of all minors who have been |
| 7 | | arrested or taken into custody before their
18th birthday for |
| 8 | | the offense of unlawful use of weapons under Article 24 of
the |
| 9 | | Criminal Code of 1961 or the Criminal Code of 2012, a Class X |
| 10 | | or Class 1 felony, a forcible felony as
defined in Section 2-8 |
| 11 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or a |
| 12 | | Class 2 or greater
felony under the Cannabis Control Act, the |
| 13 | | Illinois Controlled Substances Act, the Methamphetamine |
| 14 | | Control and Community Protection Act,
or Chapter 4 of the |
| 15 | | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal |
| 16 | | Identification Act. Information reported to the Department |
| 17 | | pursuant
to this Section may be maintained with records that |
| 18 | | the Department files
pursuant to Section 2.1 of the Criminal |
| 19 | | Identification Act. Nothing in this
Act prohibits a law |
| 20 | | enforcement agency from fingerprinting a minor taken into
|
| 21 | | custody or arrested before his or her 18th birthday for an |
| 22 | | offense other than
those listed in this paragraph (2).
|
| 23 | | (C) The records of law enforcement officers, or of an |
| 24 | | independent agency created by ordinance and charged by a unit |
| 25 | | of local government with the duty of investigating the conduct |
| 26 | | of law enforcement officers, concerning all minors under
18 |
|
| | HB5501 | - 2207 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | years of age must be maintained separate from the records of |
| 2 | | arrests and
may not be open to public inspection or their |
| 3 | | contents disclosed to the
public. For purposes of obtaining |
| 4 | | documents under this Section, a civil subpoena is not an order |
| 5 | | of the court. |
| 6 | | (1) In cases where the law enforcement, or independent |
| 7 | | agency, records concern a pending juvenile court case, the |
| 8 | | party seeking to inspect the records shall provide actual |
| 9 | | notice to the attorney or guardian ad litem of the minor |
| 10 | | whose records are sought. |
| 11 | | (2) In cases where the records concern a juvenile |
| 12 | | court case that is no longer pending, the party seeking to |
| 13 | | inspect the records shall provide actual notice to the |
| 14 | | minor or the minor's parent or legal guardian, and the |
| 15 | | matter shall be referred to the chief judge presiding over |
| 16 | | matters pursuant to this Act. |
| 17 | | (3) In determining whether the records should be |
| 18 | | available for inspection, the court shall consider the |
| 19 | | minor's interest in confidentiality and rehabilitation |
| 20 | | over the moving party's interest in obtaining the |
| 21 | | information. Any records obtained in violation of this |
| 22 | | subsection (C) shall not be admissible in any criminal or |
| 23 | | civil proceeding, or operate to disqualify a minor from |
| 24 | | subsequently holding public office or securing employment, |
| 25 | | or operate as a forfeiture of any public benefit, right, |
| 26 | | privilege, or right to receive any license granted by |
|
| | HB5501 | - 2208 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | public authority.
|
| 2 | | (D) Nothing contained in subsection (C) of this Section |
| 3 | | shall prohibit
the inspection or disclosure to victims and |
| 4 | | witnesses of photographs
contained in the records of law |
| 5 | | enforcement agencies when the
inspection and disclosure is |
| 6 | | conducted in the presence of a law enforcement
officer for the |
| 7 | | purpose of the identification or apprehension of any person
|
| 8 | | subject to the provisions of this Act or for the investigation |
| 9 | | or
prosecution of any crime.
|
| 10 | | (E) Law enforcement officers, and personnel of an |
| 11 | | independent agency created by ordinance and charged by a unit |
| 12 | | of local government with the duty of investigating the conduct |
| 13 | | of law enforcement officers, may not disclose the identity of |
| 14 | | any minor
in releasing information to the general public as to |
| 15 | | the arrest, investigation
or disposition of any case involving |
| 16 | | a minor.
|
| 17 | | (F) Nothing contained in this Section shall prohibit law |
| 18 | | enforcement
agencies from communicating with each other by |
| 19 | | letter, memorandum, teletype, or
intelligence alert bulletin |
| 20 | | or other means the identity or other relevant
information |
| 21 | | pertaining to a person under 18 years of age if there are
|
| 22 | | reasonable grounds to believe that the person poses a real and |
| 23 | | present danger
to the safety of the public or law enforcement |
| 24 | | officers. The information
provided under this subsection (F) |
| 25 | | shall remain confidential and shall not
be publicly disclosed, |
| 26 | | except as otherwise allowed by law.
|
|
| | HB5501 | - 2209 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (G) Nothing in this Section shall prohibit the right of a |
| 2 | | Civil Service
Commission or appointing authority of any |
| 3 | | federal government, state, county or municipality
examining |
| 4 | | the character and fitness of an applicant for employment with |
| 5 | | a law
enforcement agency, correctional institution, or fire |
| 6 | | department
from obtaining and examining the
records of any law |
| 7 | | enforcement agency relating to any record of the applicant
|
| 8 | | having been arrested or taken into custody before the |
| 9 | | applicant's 18th
birthday.
|
| 10 | | (G-5) Information identifying victims and alleged victims |
| 11 | | of sex offenses shall not be disclosed or open to the public |
| 12 | | under any circumstances. Nothing in this Section shall |
| 13 | | prohibit the victim or alleged victim of any sex offense from |
| 14 | | voluntarily disclosing his or her own identity. |
| 15 | | (H) The changes made to this Section by Public Act 98-61 |
| 16 | | apply to law enforcement records of a minor who has been |
| 17 | | arrested or taken into custody on or after January 1, 2014 (the |
| 18 | | effective date of Public Act 98-61). |
| 19 | | (H-5) Nothing in this Section shall require any court or |
| 20 | | adjudicative proceeding for traffic, boating, fish and game |
| 21 | | law, or municipal and county ordinance violations to be closed |
| 22 | | to the public. |
| 23 | | (I) Willful violation of this Section is a Class C |
| 24 | | misdemeanor and each violation is subject to a fine of $1,000. |
| 25 | | This subsection (I) shall not apply to the person who is the |
| 26 | | subject of the record. |
|
| | HB5501 | - 2210 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (J) A person convicted of violating this Section is liable |
| 2 | | for damages in the amount of $1,000 or actual damages, |
| 3 | | whichever is greater. |
| 4 | | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; |
| 5 | | revised 10-13-21.)
|
| 6 | | (705 ILCS 405/1-8)
|
| 7 | | (Text of Section before amendment by P.A. 101-652) |
| 8 | | Sec. 1-8. Confidentiality and accessibility of juvenile |
| 9 | | court records.
|
| 10 | | (A) A juvenile adjudication shall never be considered a |
| 11 | | conviction nor shall an adjudicated individual be considered a |
| 12 | | criminal. Unless expressly allowed by law, a juvenile |
| 13 | | adjudication shall not operate to impose upon the individual |
| 14 | | any of the civil disabilities ordinarily imposed by or |
| 15 | | resulting from conviction. Unless expressly allowed by law, |
| 16 | | adjudications shall not prejudice or disqualify the individual |
| 17 | | in any civil service application or appointment, from holding |
| 18 | | public office, or from receiving any license granted by public |
| 19 | | authority. All juvenile court records which have not been |
| 20 | | expunged are sealed and may never be disclosed to the general |
| 21 | | public or otherwise made widely available. Sealed juvenile |
| 22 | | court records may be obtained only under this Section and |
| 23 | | Section 1-7 and Part 9 of Article V of this Act, when their use |
| 24 | | is needed for good cause and with an order from the juvenile |
| 25 | | court. Inspection and copying of juvenile court records |
|
| | HB5501 | - 2211 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | relating to a minor
who is the subject of a proceeding under |
| 2 | | this Act shall be restricted to the
following:
|
| 3 | | (1) The minor who is the subject of record, his or her |
| 4 | | parents, guardian,
and counsel.
|
| 5 | | (2) Law enforcement officers and law enforcement |
| 6 | | agencies when such
information is essential to executing |
| 7 | | an arrest or search warrant or other
compulsory process, |
| 8 | | or to conducting an ongoing investigation
or relating to a |
| 9 | | minor who
has been adjudicated delinquent and there has |
| 10 | | been a previous finding that
the act which constitutes the |
| 11 | | previous offense was committed in furtherance
of criminal |
| 12 | | activities by a criminal street gang.
|
| 13 | | Before July 1, 1994, for the purposes of this Section, |
| 14 | | "criminal street
gang" means any ongoing
organization, |
| 15 | | association, or group of 3 or more persons, whether formal |
| 16 | | or
informal, having as one of its primary activities the |
| 17 | | commission of one or
more criminal acts and that has a |
| 18 | | common name or common identifying sign,
symbol or specific |
| 19 | | color apparel displayed, and whose members individually
or |
| 20 | | collectively engage in or have engaged in a pattern of |
| 21 | | criminal activity.
|
| 22 | | Beginning July 1, 1994, for purposes of this Section, |
| 23 | | "criminal street
gang" has the meaning ascribed to it in |
| 24 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus |
| 25 | | Prevention Act.
|
| 26 | | (3) Judges, hearing officers, prosecutors, public |
|
| | HB5501 | - 2212 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | defenders, probation officers, social
workers, or other
|
| 2 | | individuals assigned by the court to conduct a |
| 3 | | pre-adjudication or pre-disposition
investigation, and |
| 4 | | individuals responsible for supervising
or providing |
| 5 | | temporary or permanent care and custody for minors under |
| 6 | | the order of the juvenile court when essential to |
| 7 | | performing their
responsibilities.
|
| 8 | | (4) Judges, federal, State, and local prosecutors, |
| 9 | | public defenders, probation officers, and designated |
| 10 | | staff:
|
| 11 | | (a) in the course of a trial when institution of |
| 12 | | criminal proceedings
has been permitted or required |
| 13 | | under Section 5-805;
|
| 14 | | (b) when criminal proceedings have been permitted
|
| 15 | | or
required under Section 5-805 and a minor is the |
| 16 | | subject of a
proceeding to
determine the amount of |
| 17 | | bail;
|
| 18 | | (c) when criminal proceedings have been permitted
|
| 19 | | or
required under Section 5-805 and a minor is the |
| 20 | | subject of a
pre-trial
investigation, pre-sentence |
| 21 | | investigation or fitness hearing, or
proceedings on an |
| 22 | | application for probation; or
|
| 23 | | (d) when a minor becomes 18 years of age or older, |
| 24 | | and is the subject
of criminal proceedings, including |
| 25 | | a hearing to determine the amount of
bail, a pre-trial |
| 26 | | investigation, a pre-sentence investigation, a fitness
|
|
| | HB5501 | - 2213 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | hearing, or proceedings on an application for |
| 2 | | probation.
|
| 3 | | (5) Adult and Juvenile Prisoner Review Boards.
|
| 4 | | (6) Authorized military personnel.
|
| 5 | | (6.5) Employees of the federal government authorized |
| 6 | | by law. |
| 7 | | (7) Victims, their subrogees and legal |
| 8 | | representatives; however, such
persons shall have access |
| 9 | | only to the name and address of the minor and
information |
| 10 | | pertaining to the disposition or alternative adjustment |
| 11 | | plan
of the juvenile court.
|
| 12 | | (8) Persons engaged in bona fide research, with the |
| 13 | | permission of the
presiding judge of the juvenile court |
| 14 | | and the chief executive of the agency
that prepared the |
| 15 | | particular records; provided that publication of such
|
| 16 | | research results in no disclosure of a minor's identity |
| 17 | | and protects the
confidentiality of the record.
|
| 18 | | (9) The Secretary of State to whom the Clerk of the |
| 19 | | Court shall report
the disposition of all cases, as |
| 20 | | required in Section 6-204 of the Illinois
Vehicle Code. |
| 21 | | However, information reported relative to these offenses |
| 22 | | shall
be privileged and available only to the Secretary of |
| 23 | | State, courts, and police
officers.
|
| 24 | | (10) The administrator of a bonafide substance abuse |
| 25 | | student
assistance program with the permission of the |
| 26 | | presiding judge of the
juvenile court.
|
|
| | HB5501 | - 2214 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (11) Mental health professionals on behalf of the |
| 2 | | Department of
Corrections or the Department of Human |
| 3 | | Services or prosecutors who are
evaluating, prosecuting, |
| 4 | | or investigating a potential or actual petition
brought
|
| 5 | | under the Sexually Violent Persons Commitment Act relating |
| 6 | | to a person who is the
subject of
juvenile court records or |
| 7 | | the respondent to a petition brought under
the
Sexually |
| 8 | | Violent Persons Commitment Act, who is the subject of |
| 9 | | juvenile
court records
sought. Any records and any |
| 10 | | information obtained from those records under this
|
| 11 | | paragraph (11) may be used only in sexually violent |
| 12 | | persons commitment
proceedings.
|
| 13 | | (12) Collection agencies, contracted or otherwise |
| 14 | | engaged by a governmental entity, to collect any debts due |
| 15 | | and owing to the governmental entity. |
| 16 | | (A-1) Findings and exclusions of paternity entered in |
| 17 | | proceedings occurring under Article II of this Act shall be |
| 18 | | disclosed, in a manner and form approved by the Presiding |
| 19 | | Judge of the Juvenile Court, to the Department of Healthcare |
| 20 | | and Family Services when necessary to discharge the duties of |
| 21 | | the Department of Healthcare and Family Services under Article |
| 22 | | X of the Illinois Public Aid Code. |
| 23 | | (B) A minor who is the victim in a juvenile proceeding |
| 24 | | shall be
provided the same confidentiality regarding |
| 25 | | disclosure of identity as the
minor who is the subject of |
| 26 | | record.
|
|
| | HB5501 | - 2215 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (C)(0.1) In cases where the records concern a pending |
| 2 | | juvenile court case, the requesting party seeking to inspect |
| 3 | | the juvenile court records shall provide actual notice to the |
| 4 | | attorney or guardian ad litem of the minor whose records are |
| 5 | | sought. |
| 6 | | (0.2) In cases where the juvenile court records concern a |
| 7 | | juvenile court case that is no longer pending, the requesting |
| 8 | | party seeking to inspect the juvenile court records shall |
| 9 | | provide actual notice to the minor or the minor's parent or |
| 10 | | legal guardian, and the matter shall be referred to the chief |
| 11 | | judge presiding over matters pursuant to this Act. |
| 12 | | (0.3) In determining whether juvenile court records should |
| 13 | | be made available for inspection and whether inspection should |
| 14 | | be limited to certain parts of the file, the court shall |
| 15 | | consider the minor's interest in confidentiality and |
| 16 | | rehabilitation over the requesting party's interest in |
| 17 | | obtaining the information. The State's Attorney, the minor, |
| 18 | | and the minor's parents, guardian, and counsel shall at all |
| 19 | | times have the right to examine court files and records. |
| 20 | | (0.4) Any records obtained in violation of this Section |
| 21 | | shall not be admissible in any criminal or civil proceeding, |
| 22 | | or operate to disqualify a minor from subsequently holding |
| 23 | | public office, or operate as a forfeiture of any public |
| 24 | | benefit, right, privilege, or right to receive any license |
| 25 | | granted by public authority.
|
| 26 | | (D) Pending or following any adjudication of delinquency |
|
| | HB5501 | - 2216 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for
any offense defined
in Sections 11-1.20 through 11-1.60 or |
| 2 | | 12-13 through 12-16 of the Criminal Code of 1961 or the |
| 3 | | Criminal Code of 2012,
the victim of any such offense shall |
| 4 | | receive the
rights set out in Sections 4 and 6 of the Bill of
|
| 5 | | Rights for Victims and Witnesses of Violent Crime Act; and the
|
| 6 | | juvenile who is the subject of the adjudication, |
| 7 | | notwithstanding any other
provision of this Act, shall be |
| 8 | | treated
as an adult for the purpose of affording such rights to |
| 9 | | the victim.
|
| 10 | | (E) Nothing in this Section shall affect the right of a |
| 11 | | Civil Service
Commission or appointing authority of the |
| 12 | | federal government, or any state, county, or municipality
|
| 13 | | examining the character and fitness of
an applicant for |
| 14 | | employment with a law enforcement
agency, correctional |
| 15 | | institution, or fire department to
ascertain
whether that |
| 16 | | applicant was ever adjudicated to be a delinquent minor and,
|
| 17 | | if so, to examine the records of disposition or evidence which |
| 18 | | were made in
proceedings under this Act.
|
| 19 | | (F) Following any adjudication of delinquency for a crime |
| 20 | | which would be
a felony if committed by an adult, or following |
| 21 | | any adjudication of delinquency
for a violation of Section |
| 22 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the |
| 23 | | Criminal Code of 2012, the State's Attorney shall ascertain
|
| 24 | | whether the minor respondent is enrolled in school and, if so, |
| 25 | | shall provide
a copy of the dispositional order to the |
| 26 | | principal or chief administrative
officer of the school. |
|
| | HB5501 | - 2217 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Access to the dispositional order shall be limited
to the |
| 2 | | principal or chief administrative officer of the school and |
| 3 | | any school
counselor designated by him or her.
|
| 4 | | (G) Nothing contained in this Act prevents the sharing or
|
| 5 | | disclosure of information or records relating or pertaining to |
| 6 | | juveniles
subject to the provisions of the Serious Habitual |
| 7 | | Offender Comprehensive
Action Program when that information is |
| 8 | | used to assist in the early
identification and treatment of |
| 9 | | habitual juvenile offenders.
|
| 10 | | (H) When a court hearing a proceeding under Article II of |
| 11 | | this Act becomes
aware that an earlier proceeding under |
| 12 | | Article II had been heard in a different
county, that court |
| 13 | | shall request, and the court in which the earlier
proceedings |
| 14 | | were initiated shall transmit, an authenticated copy of the |
| 15 | | juvenile court
record, including all documents, petitions, and |
| 16 | | orders filed and the
minute orders, transcript of proceedings, |
| 17 | | and docket entries of the court.
|
| 18 | | (I) The Clerk of the Circuit Court shall report to the |
| 19 | | Illinois
State
Police, in the form and manner required by the |
| 20 | | Illinois State Police, the
final disposition of each minor who |
| 21 | | has been arrested or taken into custody
before his or her 18th |
| 22 | | birthday for those offenses required to be reported
under |
| 23 | | Section 5 of the Criminal Identification Act. Information |
| 24 | | reported to
the Department under this Section may be |
| 25 | | maintained with records that the
Department files under |
| 26 | | Section 2.1 of the Criminal Identification Act.
|
|
| | HB5501 | - 2218 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (J) The changes made to this Section by Public Act 98-61 |
| 2 | | apply to juvenile law enforcement records of a minor who has |
| 3 | | been arrested or taken into custody on or after January 1, 2014 |
| 4 | | (the effective date of Public Act 98-61). |
| 5 | | (K) Willful violation of this Section is a Class C |
| 6 | | misdemeanor and each violation is subject to a fine of $1,000. |
| 7 | | This subsection (K) shall not apply to the person who is the |
| 8 | | subject of the record. |
| 9 | | (L) A person convicted of violating this Section is liable |
| 10 | | for damages in the amount of $1,000 or actual damages, |
| 11 | | whichever is greater. |
| 12 | | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; |
| 13 | | revised 10-12-21.)
|
| 14 | | (Text of Section after amendment by P.A. 101-652)
|
| 15 | | Sec. 1-8. Confidentiality and accessibility of juvenile |
| 16 | | court records.
|
| 17 | | (A) A juvenile adjudication shall never be considered a |
| 18 | | conviction nor shall an adjudicated individual be considered a |
| 19 | | criminal. Unless expressly allowed by law, a juvenile |
| 20 | | adjudication shall not operate to impose upon the individual |
| 21 | | any of the civil disabilities ordinarily imposed by or |
| 22 | | resulting from conviction. Unless expressly allowed by law, |
| 23 | | adjudications shall not prejudice or disqualify the individual |
| 24 | | in any civil service application or appointment, from holding |
| 25 | | public office, or from receiving any license granted by public |
|
| | HB5501 | - 2219 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | authority. All juvenile court records which have not been |
| 2 | | expunged are sealed and may never be disclosed to the general |
| 3 | | public or otherwise made widely available. Sealed juvenile |
| 4 | | court records may be obtained only under this Section and |
| 5 | | Section 1-7 and Part 9 of Article V of this Act, when their use |
| 6 | | is needed for good cause and with an order from the juvenile |
| 7 | | court. Inspection and copying of juvenile court records |
| 8 | | relating to a minor
who is the subject of a proceeding under |
| 9 | | this Act shall be restricted to the
following:
|
| 10 | | (1) The minor who is the subject of record, his or her |
| 11 | | parents, guardian,
and counsel.
|
| 12 | | (2) Law enforcement officers and law enforcement |
| 13 | | agencies when such
information is essential to executing |
| 14 | | an arrest or search warrant or other
compulsory process, |
| 15 | | or to conducting an ongoing investigation
or relating to a |
| 16 | | minor who
has been adjudicated delinquent and there has |
| 17 | | been a previous finding that
the act which constitutes the |
| 18 | | previous offense was committed in furtherance
of criminal |
| 19 | | activities by a criminal street gang.
|
| 20 | | Before July 1, 1994, for the purposes of this Section, |
| 21 | | "criminal street
gang" means any ongoing
organization, |
| 22 | | association, or group of 3 or more persons, whether formal |
| 23 | | or
informal, having as one of its primary activities the |
| 24 | | commission of one or
more criminal acts and that has a |
| 25 | | common name or common identifying sign,
symbol or specific |
| 26 | | color apparel displayed, and whose members individually
or |
|
| | HB5501 | - 2220 - | LRB102 24698 AMC 33937 b |
|
|
|
| 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, public |
| 8 | | defenders, probation officers, social
workers, or other
|
| 9 | | individuals assigned by the court to conduct a |
| 10 | | pre-adjudication or pre-disposition
investigation, and |
| 11 | | individuals responsible for supervising
or providing |
| 12 | | temporary or permanent care and custody for minors under |
| 13 | | the order of the juvenile court when essential to |
| 14 | | performing their
responsibilities.
|
| 15 | | (4) Judges, federal, State, and local prosecutors, |
| 16 | | public defenders, probation officers, and designated |
| 17 | | staff:
|
| 18 | | (a) in the course of a trial when institution of |
| 19 | | criminal proceedings
has been permitted or required |
| 20 | | under Section 5-805;
|
| 21 | | (b) when criminal proceedings have been permitted
|
| 22 | | or
required under Section 5-805 and a minor is the |
| 23 | | subject of a
proceeding to
determine the conditions of |
| 24 | | pretrial release;
|
| 25 | | (c) when criminal proceedings have been permitted
|
| 26 | | or
required under Section 5-805 and a minor is the |
|
| | HB5501 | - 2221 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | subject of a
pre-trial
investigation, pre-sentence |
| 2 | | investigation or fitness hearing, or
proceedings on an |
| 3 | | application for probation; or
|
| 4 | | (d) when a minor becomes 18 years of age or older, |
| 5 | | and is the subject
of criminal proceedings, including |
| 6 | | a hearing to determine the conditions of pretrial |
| 7 | | release, a pre-trial investigation, a pre-sentence |
| 8 | | investigation, a fitness
hearing, or proceedings on an |
| 9 | | application for probation.
|
| 10 | | (5) Adult and Juvenile Prisoner Review Boards.
|
| 11 | | (6) Authorized military personnel.
|
| 12 | | (6.5) Employees of the federal government authorized |
| 13 | | by law. |
| 14 | | (7) Victims, their subrogees and legal |
| 15 | | representatives; however, such
persons shall have access |
| 16 | | only to the name and address of the minor and
information |
| 17 | | pertaining to the disposition or alternative adjustment |
| 18 | | plan
of the juvenile court.
|
| 19 | | (8) Persons engaged in bona fide research, with the |
| 20 | | permission of the
presiding judge of the juvenile court |
| 21 | | and the chief executive of the agency
that prepared the |
| 22 | | particular records; provided that publication of such
|
| 23 | | research results in no disclosure of a minor's identity |
| 24 | | and protects the
confidentiality of the record.
|
| 25 | | (9) The Secretary of State to whom the Clerk of the |
| 26 | | Court shall report
the disposition of all cases, as |
|
| | HB5501 | - 2222 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | required in Section 6-204 of the Illinois
Vehicle Code. |
| 2 | | However, information reported relative to these offenses |
| 3 | | shall
be privileged and available only to the Secretary of |
| 4 | | State, courts, and police
officers.
|
| 5 | | (10) The administrator of a bonafide substance abuse |
| 6 | | student
assistance program with the permission of the |
| 7 | | presiding judge of the
juvenile court.
|
| 8 | | (11) Mental health professionals on behalf of the |
| 9 | | Department of
Corrections or the Department of Human |
| 10 | | Services or prosecutors who are
evaluating, prosecuting, |
| 11 | | or investigating a potential or actual petition
brought
|
| 12 | | under the Sexually Violent Persons Commitment Act relating |
| 13 | | to a person who is the
subject of
juvenile court records or |
| 14 | | the respondent to a petition brought under
the
Sexually |
| 15 | | Violent Persons Commitment Act, who is the subject of |
| 16 | | juvenile
court records
sought. Any records and any |
| 17 | | information obtained from those records under this
|
| 18 | | paragraph (11) may be used only in sexually violent |
| 19 | | persons commitment
proceedings.
|
| 20 | | (12) Collection agencies, contracted or otherwise |
| 21 | | engaged by a governmental entity, to collect any debts due |
| 22 | | and owing to the governmental entity. |
| 23 | | (A-1) Findings and exclusions of paternity entered in |
| 24 | | proceedings occurring under Article II of this Act shall be |
| 25 | | disclosed, in a manner and form approved by the Presiding |
| 26 | | Judge of the Juvenile Court, to the Department of Healthcare |
|
| | HB5501 | - 2223 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and Family Services when necessary to discharge the duties of |
| 2 | | the Department of Healthcare and Family Services under Article |
| 3 | | X of the Illinois Public Aid Code. |
| 4 | | (B) A minor who is the victim in a juvenile proceeding |
| 5 | | shall be
provided the same confidentiality regarding |
| 6 | | disclosure of identity as the
minor who is the subject of |
| 7 | | record.
|
| 8 | | (C)(0.1) In cases where the records concern a pending |
| 9 | | juvenile court case, the requesting party seeking to inspect |
| 10 | | the juvenile court records shall provide actual notice to the |
| 11 | | attorney or guardian ad litem of the minor whose records are |
| 12 | | sought. |
| 13 | | (0.2) In cases where the juvenile court records concern a |
| 14 | | juvenile court case that is no longer pending, the requesting |
| 15 | | party seeking to inspect the juvenile court records shall |
| 16 | | provide actual notice to the minor or the minor's parent or |
| 17 | | legal guardian, and the matter shall be referred to the chief |
| 18 | | judge presiding over matters pursuant to this Act. |
| 19 | | (0.3) In determining whether juvenile court records should |
| 20 | | be made available for inspection and whether inspection should |
| 21 | | be limited to certain parts of the file, the court shall |
| 22 | | consider the minor's interest in confidentiality and |
| 23 | | rehabilitation over the requesting party's interest in |
| 24 | | obtaining the information. The State's Attorney, the minor, |
| 25 | | and the minor's parents, guardian, and counsel shall at all |
| 26 | | times have the right to examine court files and records. |
|
| | HB5501 | - 2224 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (0.4) Any records obtained in violation of this Section |
| 2 | | shall not be admissible in any criminal or civil proceeding, |
| 3 | | or operate to disqualify a minor from subsequently holding |
| 4 | | public office, or operate as a forfeiture of any public |
| 5 | | benefit, right, privilege, or right to receive any license |
| 6 | | granted by public authority.
|
| 7 | | (D) Pending or following any adjudication of delinquency |
| 8 | | for
any offense defined
in Sections 11-1.20 through 11-1.60 or |
| 9 | | 12-13 through 12-16 of the Criminal Code of 1961 or the |
| 10 | | Criminal Code of 2012,
the victim of any such offense shall |
| 11 | | receive the
rights set out in Sections 4 and 6 of the Bill of
|
| 12 | | Rights for Victims and Witnesses of Violent Crime Act; and the
|
| 13 | | juvenile who is the subject of the adjudication, |
| 14 | | notwithstanding any other
provision of this Act, shall be |
| 15 | | treated
as an adult for the purpose of affording such rights to |
| 16 | | the victim.
|
| 17 | | (E) Nothing in this Section shall affect the right of a |
| 18 | | Civil Service
Commission or appointing authority of the |
| 19 | | federal government, or any state, county, or municipality
|
| 20 | | examining the character and fitness of
an applicant for |
| 21 | | employment with a law enforcement
agency, correctional |
| 22 | | institution, or fire department to
ascertain
whether that |
| 23 | | applicant was ever adjudicated to be a delinquent minor and,
|
| 24 | | if so, to examine the records of disposition or evidence which |
| 25 | | were made in
proceedings under this Act.
|
| 26 | | (F) Following any adjudication of delinquency for a crime |
|
| | HB5501 | - 2225 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | which would be
a felony if committed by an adult, or following |
| 2 | | any adjudication of delinquency
for a violation of Section |
| 3 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the |
| 4 | | Criminal Code of 2012, the State's Attorney shall ascertain
|
| 5 | | whether the minor respondent is enrolled in school and, if so, |
| 6 | | shall provide
a copy of the dispositional order to the |
| 7 | | principal or chief administrative
officer of the school. |
| 8 | | Access to the dispositional order shall be limited
to the |
| 9 | | principal or chief administrative officer of the school and |
| 10 | | any school
counselor designated by him or her.
|
| 11 | | (G) Nothing contained in this Act prevents the sharing or
|
| 12 | | disclosure of information or records relating or pertaining to |
| 13 | | juveniles
subject to the provisions of the Serious Habitual |
| 14 | | Offender Comprehensive
Action Program when that information is |
| 15 | | used to assist in the early
identification and treatment of |
| 16 | | habitual juvenile offenders.
|
| 17 | | (H) When a court hearing a proceeding under Article II of |
| 18 | | this Act becomes
aware that an earlier proceeding under |
| 19 | | Article II had been heard in a different
county, that court |
| 20 | | shall request, and the court in which the earlier
proceedings |
| 21 | | were initiated shall transmit, an authenticated copy of the |
| 22 | | juvenile court
record, including all documents, petitions, and |
| 23 | | orders filed and the
minute orders, transcript of proceedings, |
| 24 | | and docket entries of the court.
|
| 25 | | (I) The Clerk of the Circuit Court shall report to the |
| 26 | | Illinois
State
Police, in the form and manner required by the |
|
| | HB5501 | - 2226 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois State Police, the
final disposition of each minor who |
| 2 | | has been arrested or taken into custody
before his or her 18th |
| 3 | | birthday for those offenses required to be reported
under |
| 4 | | Section 5 of the Criminal Identification Act. Information |
| 5 | | reported to
the Department under this Section may be |
| 6 | | maintained with records that the
Department files under |
| 7 | | Section 2.1 of the Criminal Identification Act.
|
| 8 | | (J) The changes made to this Section by Public Act 98-61 |
| 9 | | apply to juvenile law enforcement records of a minor who has |
| 10 | | been arrested or taken into custody on or after January 1, 2014 |
| 11 | | (the effective date of Public Act 98-61). |
| 12 | | (K) Willful violation of this Section is a Class C |
| 13 | | misdemeanor and each violation is subject to a fine of $1,000. |
| 14 | | This subsection (K) shall not apply to the person who is the |
| 15 | | subject of the record. |
| 16 | | (L) A person convicted of violating this Section is liable |
| 17 | | for damages in the amount of $1,000 or actual damages, |
| 18 | | whichever is greater. |
| 19 | | (Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21; |
| 20 | | 102-538, eff. 8-20-21; revised 10-12-21.)
|
| 21 | | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
|
| 22 | | Sec. 2-10. Temporary custody hearing. At the appearance of |
| 23 | | the
minor before the court at the temporary custody hearing, |
| 24 | | all
witnesses present shall be examined before the court in |
| 25 | | relation to any
matter connected with the allegations made in |
|
| | HB5501 | - 2227 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the petition.
|
| 2 | | (1) If the court finds that there is not probable cause to |
| 3 | | believe
that the minor is abused, neglected or dependent it |
| 4 | | shall release
the minor and dismiss the petition.
|
| 5 | | (2) If the court finds that there is probable cause to |
| 6 | | believe that
the minor is abused, neglected or dependent, the |
| 7 | | court shall state in writing
the factual basis supporting its |
| 8 | | finding and the minor, his or her parent,
guardian, custodian |
| 9 | | and other persons able to give relevant testimony
shall be |
| 10 | | examined before the court. The Department of Children and
|
| 11 | | Family Services shall give testimony concerning indicated |
| 12 | | reports of abuse
and neglect, of which they are aware through |
| 13 | | the central registry,
involving the minor's parent, guardian |
| 14 | | or custodian. After such
testimony, the court may, consistent |
| 15 | | with
the health,
safety and best interests of the minor,
enter |
| 16 | | an order that the minor shall be released
upon the request of |
| 17 | | parent, guardian or custodian if the parent, guardian
or |
| 18 | | custodian appears to take custody. If it is determined that a |
| 19 | | parent's, guardian's, or custodian's compliance with critical |
| 20 | | services mitigates the necessity for removal of the minor from |
| 21 | | his or her home, the court may enter an Order of Protection |
| 22 | | setting forth reasonable conditions of behavior that a parent, |
| 23 | | guardian, or custodian must observe for a specified period of |
| 24 | | time, not to exceed 12 months, without a violation; provided, |
| 25 | | however, that the 12-month period shall begin anew after any |
| 26 | | violation. "Custodian" includes the Department of Children and |
|
| | HB5501 | - 2228 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Family Services, if it has been given custody of the child, or |
| 2 | | any other agency of the State which has been given custody or |
| 3 | | wardship of the child. If it is
consistent with the health, |
| 4 | | safety and best interests of the
minor, the
court may also |
| 5 | | prescribe shelter care and
order that the minor be kept in a |
| 6 | | suitable place designated by the court or in
a shelter care |
| 7 | | facility designated by the Department of Children and Family
|
| 8 | | Services or a licensed child welfare
agency; however, on and |
| 9 | | after January 1, 2015 (the effective date of Public Act |
| 10 | | 98-803) and before January 1, 2017, a minor charged with a
|
| 11 | | criminal offense under the Criminal Code of 1961 or the |
| 12 | | Criminal Code of 2012 or adjudicated delinquent
shall not be |
| 13 | | placed in the custody of or committed to the Department of
|
| 14 | | Children and Family Services by any court, except a minor less |
| 15 | | than 16
years of age and committed to the Department of |
| 16 | | Children and Family Services
under Section 5-710 of this Act |
| 17 | | or a minor for whom an independent
basis of
abuse, neglect, or |
| 18 | | dependency exists; and on and after January 1, 2017, a minor |
| 19 | | charged with a
criminal offense under the Criminal Code of |
| 20 | | 1961 or the Criminal Code of 2012 or adjudicated delinquent
|
| 21 | | shall not be placed in the custody of or committed to the |
| 22 | | Department of
Children and Family Services by any court, |
| 23 | | except a minor less than 15 years of age and committed to the |
| 24 | | Department of Children and Family Services
under Section 5-710 |
| 25 | | of this Act or a minor for whom an independent
basis of
abuse, |
| 26 | | neglect, or dependency exists.
An independent basis exists |
|
| | HB5501 | - 2229 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | when the allegations or adjudication of abuse, neglect, or |
| 2 | | dependency do not arise from the same facts, incident, or |
| 3 | | circumstances which give rise to a charge or adjudication of |
| 4 | | delinquency.
|
| 5 | | In placing the minor, the Department or other
agency |
| 6 | | shall, to the extent
compatible with the court's order, comply |
| 7 | | with Section 7 of the Children and
Family Services Act.
In |
| 8 | | determining
the health, safety and best interests of the minor |
| 9 | | to prescribe shelter
care, the court must
find that it is a |
| 10 | | matter of immediate and urgent necessity for the safety
and |
| 11 | | protection
of the minor or of the person or property of another |
| 12 | | that the minor be placed
in a shelter care facility or that he |
| 13 | | or she is likely to flee the jurisdiction
of the court, and |
| 14 | | must further find that reasonable efforts have been made or
|
| 15 | | that, consistent with the health, safety and best interests of
|
| 16 | | the minor, no efforts reasonably can be made to
prevent or |
| 17 | | eliminate the necessity of removal of the minor from his or her
|
| 18 | | home. The court shall require documentation from the |
| 19 | | Department of Children and
Family Services as to the |
| 20 | | reasonable efforts that were made to prevent or
eliminate the |
| 21 | | necessity of removal of the minor from his or her home or the
|
| 22 | | reasons why no efforts reasonably could be made to prevent or |
| 23 | | eliminate the
necessity of removal. When a minor is placed in |
| 24 | | the home of a relative, the
Department of Children and Family |
| 25 | | Services shall complete a preliminary
background review of the |
| 26 | | members of the minor's custodian's household in
accordance |
|
| | HB5501 | - 2230 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with Section 4.3 of the Child Care Act of 1969 within 90 days |
| 2 | | of
that placement. If the minor is ordered placed in a shelter |
| 3 | | care facility of
the Department of Children and
Family |
| 4 | | Services or a licensed child welfare agency, the court shall, |
| 5 | | upon
request of the appropriate Department or other agency, |
| 6 | | appoint the
Department of Children and Family Services |
| 7 | | Guardianship Administrator or
other appropriate agency |
| 8 | | executive temporary custodian of the minor and the
court may |
| 9 | | enter such other orders related to the temporary custody as it
|
| 10 | | deems fit and proper, including the provision of services to |
| 11 | | the minor or
his family to ameliorate the causes contributing |
| 12 | | to the finding of probable
cause or to the finding of the |
| 13 | | existence of immediate and urgent necessity. |
| 14 | | Where the Department of Children and Family Services |
| 15 | | Guardianship Administrator is appointed as the executive |
| 16 | | temporary custodian, the Department of Children and Family |
| 17 | | Services shall file with the court and serve on the parties a |
| 18 | | parent-child visiting plan, within 10 days, excluding weekends |
| 19 | | and holidays, after the appointment. The parent-child visiting |
| 20 | | plan shall set out the time and place of visits, the frequency |
| 21 | | of visits, the length of visits, who shall be present at the |
| 22 | | visits, and where appropriate, the minor's opportunities to |
| 23 | | have telephone and mail communication with the parents. |
| 24 | | Where the Department of Children and Family Services |
| 25 | | Guardianship Administrator is
appointed as the executive |
| 26 | | temporary custodian, and when the child has siblings in care,
|
|
| | HB5501 | - 2231 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the Department of Children and Family Services shall file with |
| 2 | | the court and serve on the
parties a sibling placement and |
| 3 | | contact plan within 10 days, excluding weekends and
holidays, |
| 4 | | after the appointment. The sibling placement and contact plan |
| 5 | | shall set forth
whether the siblings are placed together, and |
| 6 | | if they are not placed together, what, if any,
efforts are |
| 7 | | being made to place them together. If the Department has |
| 8 | | determined that it is
not in a child's best interest to be |
| 9 | | placed with a sibling, the Department shall document in
the |
| 10 | | sibling placement and contact plan the basis for its |
| 11 | | determination. For siblings placed
separately, the sibling |
| 12 | | placement and contact plan shall set the time and place for |
| 13 | | visits,
the frequency of the visits, the length of visits, who |
| 14 | | shall be present for the visits, and
where appropriate, the |
| 15 | | child's opportunities to have contact with their siblings in |
| 16 | | addition to
in person contact. If the Department determines it |
| 17 | | is not in the best interest of a sibling to
have contact with a |
| 18 | | sibling, the Department shall document in the sibling |
| 19 | | placement and
contact plan the basis for its determination. |
| 20 | | The sibling placement and contact plan shall
specify a date |
| 21 | | for development of the Sibling Contact Support Plan, under |
| 22 | | subsection (f) of Section 7.4 of the Children and Family |
| 23 | | Services Act, and shall remain in effect until the Sibling |
| 24 | | Contact Support Plan is developed. |
| 25 | | For good cause, the court may waive the requirement to |
| 26 | | file the parent-child visiting plan or the sibling placement |
|
| | HB5501 | - 2232 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and contact plan, or extend the time for filing either plan. |
| 2 | | Any party may, by motion, request the court to review the |
| 3 | | parent-child visiting plan to determine whether it is |
| 4 | | reasonably calculated to expeditiously facilitate the |
| 5 | | achievement of the permanency goal. A party may, by motion, |
| 6 | | request the court to review the parent-child visiting plan or |
| 7 | | the sibling placement and contact plan to determine whether it |
| 8 | | is consistent with the minor's best interest. The court may |
| 9 | | refer the parties to mediation where available. The frequency, |
| 10 | | duration, and locations of visitation shall be measured by the |
| 11 | | needs of the child and family, and not by the convenience of |
| 12 | | Department personnel. Child development principles shall be |
| 13 | | considered by the court in its analysis of how frequent |
| 14 | | visitation should be, how long it should last, where it should |
| 15 | | take place, and who should be present. If upon motion of the |
| 16 | | party to review either plan and after receiving evidence, the |
| 17 | | court determines that the parent-child visiting plan is not |
| 18 | | reasonably calculated to expeditiously facilitate the |
| 19 | | achievement of the permanency goal or that the restrictions |
| 20 | | placed on parent-child contact or sibling placement or contact |
| 21 | | are contrary to the child's best interests, the court shall |
| 22 | | put in writing the factual basis supporting the determination |
| 23 | | and enter specific findings based on the evidence. The court |
| 24 | | shall enter an order for the Department to implement changes |
| 25 | | to the parent-child visiting plan or sibling placement or |
| 26 | | contact plan, consistent with the court's findings. At any |
|
| | HB5501 | - 2233 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | stage of proceeding, any party may by motion request the court |
| 2 | | to enter any orders necessary to implement the parent-child |
| 3 | | visiting plan, sibling placement or contact plan or |
| 4 | | subsequently developed Sibling Contact Support Plan. Nothing |
| 5 | | under this subsection (2) shall restrict the court from |
| 6 | | granting discretionary authority to the Department to increase |
| 7 | | opportunities for additional parent-child contacts or sibling |
| 8 | | contacts, without further court orders. Nothing in this |
| 9 | | subsection (2) shall restrict the Department from immediately |
| 10 | | restricting or terminating parent-child contact or sibling |
| 11 | | contacts, without either amending the parent-child visiting |
| 12 | | plan or the sibling contact plan or obtaining a court order, |
| 13 | | where the Department or its assigns reasonably believe there |
| 14 | | is an immediate need to protect the child's health, safety, |
| 15 | | and welfare. Such restrictions or terminations must be based |
| 16 | | on available facts to the Department and its assigns when |
| 17 | | viewed in light of the surrounding circumstances and shall |
| 18 | | only occur on an individual case-by-case basis. The Department |
| 19 | | shall file with the court and serve on the parties any |
| 20 | | amendments to the plan within 10 days, excluding weekends and |
| 21 | | holidays, of the change of the visitation. |
| 22 | | Acceptance of services shall not be considered an |
| 23 | | admission of any
allegation in a petition made pursuant to |
| 24 | | this Act, nor may a referral of
services be considered as |
| 25 | | evidence in any proceeding pursuant to this Act,
except where |
| 26 | | the issue is whether the Department has made reasonable
|
|
| | HB5501 | - 2234 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | efforts to reunite the family. In making its findings that it |
| 2 | | is
consistent with the health, safety and best
interests of |
| 3 | | the minor to prescribe shelter care, the court shall state in
|
| 4 | | writing (i) the factual basis supporting its findings |
| 5 | | concerning the
immediate and urgent necessity for the |
| 6 | | protection of the minor or of the person
or property of another |
| 7 | | and (ii) the factual basis supporting its findings that
|
| 8 | | reasonable efforts were made to prevent or eliminate the |
| 9 | | removal of the minor
from his or her home or that no efforts |
| 10 | | reasonably could be made to prevent or
eliminate the removal |
| 11 | | of the minor from his or her home. The
parents, guardian, |
| 12 | | custodian, temporary custodian and minor shall each be
|
| 13 | | furnished a copy of such written findings. The temporary |
| 14 | | custodian shall
maintain a copy of the court order and written |
| 15 | | findings in the case record
for the child. The order together |
| 16 | | with the court's findings of fact in
support thereof shall be |
| 17 | | entered of record in the court.
|
| 18 | | Once the court finds that it is a matter of immediate and |
| 19 | | urgent necessity
for the protection of the minor that the |
| 20 | | minor be placed in a shelter care
facility, the minor shall not |
| 21 | | be returned to the parent, custodian or guardian
until the |
| 22 | | court finds that such placement is no longer necessary for the
|
| 23 | | protection of the minor.
|
| 24 | | If the child is placed in the temporary custody of the |
| 25 | | Department of
Children
and Family
Services for his or her |
| 26 | | protection, the court shall admonish the parents,
guardian,
|
|
| | HB5501 | - 2235 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | custodian or responsible relative that the parents must |
| 2 | | cooperate with the
Department of Children and Family Services, |
| 3 | | comply
with the terms of the service plans, and correct the |
| 4 | | conditions which require
the child to be in care, or risk |
| 5 | | termination of their parental
rights. The court shall ensure, |
| 6 | | by inquiring in open court of each parent, guardian, custodian |
| 7 | | or responsible relative, that the parent, guardian, custodian |
| 8 | | or responsible relative has had the opportunity to provide the |
| 9 | | Department with all known names, addresses, and telephone |
| 10 | | numbers of each of the minor's living maternal and paternal |
| 11 | | adult relatives, including, but not limited to, grandparents, |
| 12 | | aunts, uncles, and siblings. The court shall advise the |
| 13 | | parents, guardian, custodian or responsible relative to inform |
| 14 | | the Department if additional information regarding the minor's |
| 15 | | adult relatives becomes available.
|
| 16 | | (3) If prior to the shelter care hearing for a minor |
| 17 | | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is |
| 18 | | unable to serve notice on the
party respondent, the shelter |
| 19 | | care hearing may proceed ex parte. A shelter
care order from an |
| 20 | | ex parte hearing shall be endorsed with the date and
hour of |
| 21 | | issuance and shall be filed with the clerk's office and |
| 22 | | entered of
record. The order shall expire after 10 days from |
| 23 | | the time it is issued
unless before its expiration it is |
| 24 | | renewed, at a hearing upon appearance
of the party respondent, |
| 25 | | or upon an affidavit of the moving party as to all
diligent |
| 26 | | efforts to notify the party respondent by notice as herein
|
|
| | HB5501 | - 2236 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | prescribed. The notice prescribed shall be in writing and |
| 2 | | shall be
personally delivered to the minor or the minor's |
| 3 | | attorney and to the last
known address of the other person or |
| 4 | | persons entitled to notice. The
notice shall also state the |
| 5 | | nature of the allegations, the nature of the
order sought by |
| 6 | | the State, including whether temporary custody is sought,
and |
| 7 | | the consequences of failure to appear and shall contain a |
| 8 | | notice
that the parties will not be entitled to further |
| 9 | | written notices or publication
notices of proceedings in this |
| 10 | | case, including the filing of an amended
petition or a motion |
| 11 | | to terminate parental rights, except as required by
Supreme |
| 12 | | Court Rule 11; and shall explain the
right of
the parties and |
| 13 | | the procedures to vacate or modify a shelter care order as
|
| 14 | | provided in this Section. The notice for a shelter care |
| 15 | | hearing shall be
substantially as follows:
|
| 16 | | NOTICE TO PARENTS AND CHILDREN
|
| 17 | | OF SHELTER CARE HEARING
|
| 18 | | On ................ at ........., before the Honorable |
| 19 | | ................,
(address:) ................., the State |
| 20 | | of Illinois will present evidence
(1) that (name of child |
| 21 | | or children) ....................... are abused,
neglected |
| 22 | | or dependent for the following reasons:
|
| 23 | | ..............................................
and (2) |
| 24 | | whether there is "immediate and urgent necessity" to |
| 25 | | remove the child
or children from the responsible |
| 26 | | relative.
|
|
| | HB5501 | - 2239 - | LRB102 24698 AMC 33937 b |
|
|
|
| 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 |
| 19 | | the minor
taken into custody is a person described in |
| 20 | | subsection (3) of Section
5-105 may the minor be
kept or |
| 21 | | detained in a detention home or county or municipal jail. This
|
| 22 | | Section shall 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 |
|
| | HB5501 | - 2240 - | LRB102 24698 AMC 33937 b |
|
|
|
| 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 |
| 12 | | the same time the probation department shall prepare a report
|
| 13 | | on the minor. If a parent, guardian or custodian does not |
| 14 | | appear at such
rehearing, the judge may enter an order |
| 15 | | prescribing that the minor be kept
in a suitable place |
| 16 | | designated by the Department of Children and Family
Services |
| 17 | | or a licensed child welfare agency.
|
| 18 | | (9) Notwithstanding any other provision of this
Section |
| 19 | | any 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:
|
|
| | HB5501 | - 2241 - | LRB102 24698 AMC 33937 b |
|
|
|
| 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 |
| 5 | | the 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 |
| 12 | | and Family Services
or a child welfare agency or other |
| 13 | | service provider have been successful in
eliminating the |
| 14 | | need for temporary custody and the child can be cared for |
| 15 | | at
home 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. If the
|
| 19 | | minor is being restored to the custody of a parent, legal |
| 20 | | custodian, or guardian who lives
outside of Illinois, and an |
| 21 | | Interstate Compact has been requested and refused, the court |
| 22 | | may order the
Department of Children and Family Services to |
| 23 | | arrange for an assessment of the minor's
proposed living |
| 24 | | arrangement and for ongoing monitoring of the health, safety, |
| 25 | | and best
interest of the minor and compliance with any order of |
| 26 | | protective supervision entered in
accordance with Section 2-20 |
|
| | HB5501 | - 2242 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or 2-25.
|
| 2 | | The clerk shall set the matter for hearing not later than |
| 3 | | 14 days after
such motion is filed. In the event that the court |
| 4 | | modifies or vacates a
temporary custody order but does not |
| 5 | | vacate its finding of probable cause,
the court may order that |
| 6 | | appropriate services be continued or initiated in
behalf of |
| 7 | | the minor and his or her family.
|
| 8 | | (10) When the court finds or has found that there is |
| 9 | | probable cause to
believe a minor is an abused minor as |
| 10 | | described in subsection (2) of Section
2-3
and that there is an |
| 11 | | immediate and urgent necessity for the abused minor to be
|
| 12 | | placed in shelter care, immediate and urgent necessity shall |
| 13 | | be presumed for
any other minor residing in the same household |
| 14 | | as the abused minor provided:
|
| 15 | | (a) Such other minor is the subject of an abuse or |
| 16 | | neglect petition
pending before the court; and
|
| 17 | | (b) A party to the petition is seeking shelter care |
| 18 | | for such other minor.
|
| 19 | | Once the presumption of immediate and urgent necessity has |
| 20 | | been raised, the
burden of demonstrating the lack of immediate |
| 21 | | and urgent necessity shall be on
any party that is opposing |
| 22 | | shelter care for the other minor.
|
| 23 | | (11) The changes made to this Section by Public Act 98-61 |
| 24 | | apply to a minor who has been
arrested or taken into custody on |
| 25 | | or after January 1, 2014 (the effective date
of Public Act |
| 26 | | 98-61). |
|
| | HB5501 | - 2243 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (12) After the court has placed a minor in the care of a |
| 2 | | temporary custodian pursuant to this Section, any party may |
| 3 | | file a motion requesting the court to grant the temporary |
| 4 | | custodian the authority to serve as a surrogate decision maker |
| 5 | | for the minor under the Health Care Surrogate Act for purposes |
| 6 | | of making decisions pursuant to paragraph (1) of subsection |
| 7 | | (b) of Section 20 of the Health Care Surrogate Act. The court |
| 8 | | may grant the motion if it determines by clear and convincing |
| 9 | | evidence that it is in the best interests of the minor to grant |
| 10 | | the temporary custodian such authority. In making its |
| 11 | | determination, the court shall weigh the following factors in |
| 12 | | addition to considering the best interests factors listed in |
| 13 | | subsection (4.05) of Section 1-3 of this Act: |
| 14 | | (a) the efforts to identify and locate the respondents |
| 15 | | and adult family members of the minor and the results of |
| 16 | | those efforts; |
| 17 | | (b) the efforts to engage the respondents and adult |
| 18 | | family members of the minor in decision making on behalf |
| 19 | | of the minor; |
| 20 | | (c) the length of time the efforts in paragraphs (a) |
| 21 | | and (b) have been ongoing; |
| 22 | | (d) the relationship between the respondents and adult |
| 23 | | family members and the minor; |
| 24 | | (e) medical testimony regarding the extent to which |
| 25 | | the minor is suffering and the impact of a delay in |
| 26 | | decision-making on the minor; and |
|
| | HB5501 | - 2244 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (f) any other factor the court deems relevant. |
| 2 | | If the Department of Children and Family Services is the |
| 3 | | temporary custodian of the minor, in addition to the |
| 4 | | requirements of paragraph (1) of subsection (b) of Section 20 |
| 5 | | of the Health Care Surrogate Act, the Department shall follow |
| 6 | | its rules and procedures in exercising authority granted under |
| 7 | | this subsection. |
| 8 | | (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; |
| 9 | | revised 10-14-21.)
|
| 10 | | (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
|
| 11 | | Sec. 2-28. Court review.
|
| 12 | | (1) The court may require any legal custodian or guardian |
| 13 | | of the person
appointed under this Act to report periodically |
| 14 | | to the court or may cite
him into court and require him or his |
| 15 | | agency, to make a full and
accurate report of his or its doings |
| 16 | | in behalf of the minor. The
custodian or guardian, within 10 |
| 17 | | days after such citation, or earlier if the court determines |
| 18 | | it to be necessary to protect the health, safety, or welfare of |
| 19 | | the minor, shall make
the report, either in writing verified |
| 20 | | by affidavit or orally under oath
in open court, or otherwise |
| 21 | | as the court directs. Upon the hearing of
the report the court |
| 22 | | may remove the custodian or guardian and appoint
another in |
| 23 | | his stead or restore the minor to the custody of his parents
or |
| 24 | | former guardian or custodian. However, custody of the minor |
| 25 | | shall
not be restored to any parent, guardian, or legal |
|
| | HB5501 | - 2245 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | custodian in any case
in which the minor is found to be |
| 2 | | neglected or abused under Section 2-3 or
dependent under |
| 3 | | Section 2-4 of this
Act, unless the minor can be cared for at |
| 4 | | home without endangering the
minor's health or safety and it |
| 5 | | is in the best interests of the minor, and
if such neglect,
|
| 6 | | abuse, or dependency is found by the court under paragraph (1)
|
| 7 | | of Section 2-21 of
this Act to have come about due to the acts |
| 8 | | or omissions or both of such
parent, guardian,
or legal |
| 9 | | custodian, until such time as an investigation is made as |
| 10 | | provided in
paragraph (5) and a hearing is held on the issue of |
| 11 | | the fitness of such parent,
guardian, or legal custodian to |
| 12 | | care for the minor and the court enters an order
that such |
| 13 | | parent, guardian, or legal custodian is fit to care for the |
| 14 | | minor.
|
| 15 | | (1.5) The public agency that is the custodian or guardian |
| 16 | | of the minor shall file a written report with the court no |
| 17 | | later than 15 days after a minor in the agency's care remains: |
| 18 | | (1) in a shelter placement beyond 30 days; |
| 19 | | (2) in a psychiatric hospital past the time when the |
| 20 | | minor is clinically ready for discharge or beyond medical |
| 21 | | necessity for the minor's health; or |
| 22 | | (3) in a detention center or Department of Juvenile |
| 23 | | Justice facility solely because the public agency cannot |
| 24 | | find an appropriate placement for the minor. |
| 25 | | The report shall explain the steps the agency is taking to |
| 26 | | ensure the minor is placed appropriately, how the minor's |
|
| | HB5501 | - 2246 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | needs are being met in the minor's shelter placement, and if a |
| 2 | | future placement has been identified by the Department, why |
| 3 | | the anticipated placement is appropriate for the needs of the |
| 4 | | minor and the anticipated placement date. |
| 5 | | (1.6) Within 35 days after placing a child in its care in a |
| 6 | | qualified residential treatment program, as defined by the |
| 7 | | federal Social Security Act, the Department of Children and |
| 8 | | Family Services shall file a written report with the court and |
| 9 | | send copies of the report to all parties. Within 20 days of the |
| 10 | | filing of the report, the court shall hold a hearing to |
| 11 | | consider the Department's report and determine whether |
| 12 | | placement of the child in a qualified residential treatment |
| 13 | | program provides the most effective and appropriate level of |
| 14 | | care for the child in the least restrictive environment and if |
| 15 | | the placement is consistent with the short-term and long-term |
| 16 | | goals for the child, as specified in the permanency plan for |
| 17 | | the child. The court shall approve or disapprove the |
| 18 | | placement. If applicable, the requirements of Sections 2-27.1 |
| 19 | | and 2-27.2 must also be met.
The Department's written report |
| 20 | | and the court's written determination shall be included in and |
| 21 | | made part of the case plan for the child. If the child remains |
| 22 | | placed in a qualified residential treatment program, the |
| 23 | | Department shall submit evidence at each status and permanency |
| 24 | | hearing: |
| 25 | | (1) demonstrating that on-going assessment of the |
| 26 | | strengths and needs of the child continues to support the |
|
| | HB5501 | - 2247 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | determination that the child's needs cannot be met through |
| 2 | | placement in a foster family home, that the placement |
| 3 | | provides the most effective and appropriate level of care |
| 4 | | for the child in the least restrictive, appropriate |
| 5 | | environment, and that the placement is consistent with the |
| 6 | | short-term and long-term permanency goal for the child, as |
| 7 | | specified in the permanency plan for the child; |
| 8 | | (2) documenting the specific treatment or service |
| 9 | | needs that should be met for the child in the placement and |
| 10 | | the length of time the child is expected to need the |
| 11 | | treatment or services; and |
| 12 | | (3) the efforts made by the agency to prepare the |
| 13 | | child to return home or to be placed with a fit and willing |
| 14 | | relative, a legal guardian, or an adoptive parent, or in a |
| 15 | | foster family home. |
| 16 | | (2) The first permanency hearing shall be
conducted by the |
| 17 | | judge. Subsequent permanency hearings may be
heard by a judge |
| 18 | | or by hearing officers appointed or approved by the court in
|
| 19 | | the manner set forth in Section 2-28.1 of this Act.
The initial |
| 20 | | hearing shall be held (a) within 12 months from the date
|
| 21 | | temporary
custody was taken, regardless of whether an |
| 22 | | adjudication or dispositional hearing has been completed |
| 23 | | within that time frame, (b) if the parental rights of both |
| 24 | | parents have been
terminated in accordance with the procedure |
| 25 | | described in subsection (5) of
Section 2-21, within
30 days of |
| 26 | | the order for termination of parental rights and appointment |
|
| | HB5501 | - 2248 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of
a guardian with power to consent to adoption, or (c) in |
| 2 | | accordance with
subsection
(2) of Section 2-13.1. Subsequent |
| 3 | | permanency hearings
shall be held every 6 months
or more |
| 4 | | frequently if necessary in the court's determination following |
| 5 | | the
initial permanency hearing, in accordance with the |
| 6 | | standards set forth in this
Section, until the court |
| 7 | | determines that the plan and goal have been achieved.
Once the |
| 8 | | plan and goal have been achieved, if the minor remains in |
| 9 | | substitute
care, the case shall be reviewed at least every 6 |
| 10 | | months thereafter, subject to
the provisions of this Section, |
| 11 | | unless the minor is placed in the guardianship
of a suitable |
| 12 | | relative or other person and the court determines that further
|
| 13 | | monitoring by the court does not further the health, safety or |
| 14 | | best interest of
the child and that this is a stable permanent |
| 15 | | placement.
The permanency hearings must occur within the time |
| 16 | | frames set forth in this
subsection and may not be delayed in |
| 17 | | anticipation of a report from any source or due to the agency's |
| 18 | | failure to timely file its written report (this
written report |
| 19 | | means the one required under the next paragraph and does not
|
| 20 | | mean the service plan also referred to in that paragraph).
|
| 21 | | The public agency that is the custodian or guardian of the |
| 22 | | minor, or another
agency responsible for the minor's care, |
| 23 | | shall ensure that all parties to the
permanency hearings are |
| 24 | | provided a copy of the most recent
service plan prepared |
| 25 | | within the prior 6 months
at least 14 days in advance of the |
| 26 | | hearing. If not contained in the agency's service plan, the
|
|
| | HB5501 | - 2249 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | agency shall also include a report setting forth (i) any |
| 2 | | special
physical, psychological, educational, medical, |
| 3 | | emotional, or other needs of the
minor or his or her family |
| 4 | | that are relevant to a permanency or placement
determination |
| 5 | | and (ii) for any minor age 16 or over, a written description of
|
| 6 | | the programs and services that will enable the minor to |
| 7 | | prepare for independent
living. If not contained in the |
| 8 | | agency's service plan, the agency's report shall specify if a |
| 9 | | minor is placed in a licensed child care facility under a |
| 10 | | corrective plan by the Department due to concerns impacting |
| 11 | | the minor's safety and well-being. The report shall explain |
| 12 | | the steps the Department is taking to ensure the safety and |
| 13 | | well-being of the minor and that the minor's needs are met in |
| 14 | | the facility. The agency's written report must detail what |
| 15 | | progress or lack of
progress the parent has made in correcting |
| 16 | | the conditions requiring the child
to be in care; whether the |
| 17 | | child can be returned home without jeopardizing the
child's |
| 18 | | health, safety, and welfare, and if not, what permanency goal |
| 19 | | is
recommended to be in the best interests of the child, and |
| 20 | | why the other
permanency goals are not appropriate. The |
| 21 | | caseworker must appear and testify
at the permanency hearing. |
| 22 | | If a permanency hearing has not previously been
scheduled by |
| 23 | | the court, the moving party shall move for the setting of a
|
| 24 | | permanency hearing and the entry of an order within the time |
| 25 | | frames set forth
in this subsection.
|
| 26 | | At the permanency hearing, the court shall determine the |
|
| | HB5501 | - 2250 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | future status
of the child. The court shall set one of the |
| 2 | | following permanency goals:
|
| 3 | | (A) The minor will be returned home by a specific date |
| 4 | | within 5
months.
|
| 5 | | (B) The minor will be in short-term care with a
|
| 6 | | continued goal to return home within a period not to |
| 7 | | exceed one
year, where the progress of the parent or |
| 8 | | parents is substantial giving
particular consideration to |
| 9 | | the age and individual needs of the minor.
|
| 10 | | (B-1) The minor will be in short-term care with a |
| 11 | | continued goal to return
home pending a status hearing. |
| 12 | | When the court finds that a parent has not made
reasonable |
| 13 | | efforts or reasonable progress to date, the court shall |
| 14 | | identify
what actions the parent and the Department must |
| 15 | | take in order to justify a
finding of reasonable efforts |
| 16 | | or reasonable progress and shall set a status
hearing to |
| 17 | | be held not earlier than 9 months from the date of |
| 18 | | adjudication nor
later than 11 months from the date of |
| 19 | | adjudication during which the parent's
progress will again |
| 20 | | be reviewed.
|
| 21 | | (C) The minor will be in substitute care pending court
|
| 22 | | determination on termination of parental rights.
|
| 23 | | (D) Adoption, provided that parental rights have been |
| 24 | | terminated or
relinquished.
|
| 25 | | (E) The guardianship of the minor will be transferred |
| 26 | | to an individual or
couple on a permanent basis provided |
|
| | HB5501 | - 2251 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | that goals (A) through (D) have
been deemed inappropriate |
| 2 | | and not in the child's best interests. The court shall |
| 3 | | confirm that the Department has discussed adoption, if |
| 4 | | appropriate, and guardianship with the caregiver prior to |
| 5 | | changing a goal to guardianship.
|
| 6 | | (F) The minor over age 15 will be in substitute care |
| 7 | | pending
independence. In selecting this permanency goal, |
| 8 | | the Department of Children and Family Services may provide |
| 9 | | services to enable reunification and to strengthen the |
| 10 | | minor's connections with family, fictive kin, and other |
| 11 | | responsible adults, provided the services are in the |
| 12 | | minor's best interest. The services shall be documented in |
| 13 | | the service plan.
|
| 14 | | (G) The minor will be in substitute care because he or |
| 15 | | she cannot be
provided for in a home environment due to |
| 16 | | developmental
disabilities or mental illness or because he |
| 17 | | or she is a danger to self or
others, provided that goals |
| 18 | | (A) through (D) have been deemed inappropriate and not in |
| 19 | | the child's best interests.
|
| 20 | | In selecting any permanency goal, the court shall indicate |
| 21 | | in writing the
reasons the goal was selected and why the |
| 22 | | preceding goals were deemed inappropriate and not in the |
| 23 | | child's best interest.
Where the court has selected a |
| 24 | | permanency goal other than (A), (B), or (B-1),
the
Department |
| 25 | | of Children and Family Services shall not provide further
|
| 26 | | reunification services, except as provided in paragraph (F) of |
|
| | HB5501 | - 2253 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | into consideration the nature and extent of the |
| 2 | | relationship, and whether ongoing contact is in |
| 3 | | the subject child's best interest, including |
| 4 | | long-term emotional interest, as compared with the |
| 5 | | legal and emotional benefit of permanence;
|
| 6 | | (4) The child has lived with the relative or |
| 7 | | foster parent for at least one year; and
|
| 8 | | (5) The relative or foster parent currently caring |
| 9 | | for the child is willing and capable of providing the |
| 10 | | child with a stable and permanent environment. |
| 11 | | The court shall set a
permanency
goal that is in the best |
| 12 | | interest of the child. In determining that goal, the court |
| 13 | | shall consult with the minor in an age-appropriate manner |
| 14 | | regarding the proposed permanency or transition plan for the |
| 15 | | minor. The court's determination
shall include the following |
| 16 | | factors:
|
| 17 | | (1) Age of the child.
|
| 18 | | (2) Options available for permanence, including both |
| 19 | | out-of-state and in-state placement options.
|
| 20 | | (3) Current placement of the child and the intent of |
| 21 | | the family regarding
adoption.
|
| 22 | | (4) Emotional, physical, and mental status or |
| 23 | | condition of the child.
|
| 24 | | (5) Types of services previously offered and whether |
| 25 | | or not
the services were successful and, if not |
| 26 | | successful, the reasons the services
failed.
|
|
| | HB5501 | - 2254 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (6) Availability of services currently needed and |
| 2 | | whether the services
exist.
|
| 3 | | (7) Status of siblings of the minor.
|
| 4 | | The court shall consider (i) the permanency goal contained |
| 5 | | in the service
plan, (ii) the appropriateness of the
services |
| 6 | | contained in the plan and whether those services have been
|
| 7 | | provided, (iii) whether reasonable efforts have been made by |
| 8 | | all
the parties to the service plan to achieve the goal, and |
| 9 | | (iv) whether the plan
and goal have been achieved. All |
| 10 | | evidence
relevant to determining these questions, including |
| 11 | | oral and written reports,
may be admitted and may be relied on |
| 12 | | to the extent of their probative value.
|
| 13 | | The court shall make findings as to whether, in violation |
| 14 | | of Section 8.2 of the Abused and Neglected Child Reporting |
| 15 | | Act, any portion of the service plan compels a child or parent |
| 16 | | to engage in any activity or refrain from any activity that is |
| 17 | | not reasonably related to remedying a condition or conditions |
| 18 | | that gave rise or which could give rise to any finding of child |
| 19 | | abuse or neglect. The services contained in the service plan |
| 20 | | shall include services reasonably related to remedy the |
| 21 | | conditions that gave rise to removal of the child from the home |
| 22 | | of his or her parents, guardian, or legal custodian or that the |
| 23 | | court has found must be remedied prior to returning the child |
| 24 | | home. Any tasks the court requires of the parents, guardian, |
| 25 | | or legal custodian or child prior to returning the child home, |
| 26 | | must be reasonably related to remedying a condition or |
|
| | HB5501 | - 2255 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | conditions that gave rise to or which could give rise to any |
| 2 | | finding of child abuse or neglect. |
| 3 | | If the permanency goal is to return home, the court shall |
| 4 | | make findings that identify any problems that are causing |
| 5 | | continued placement of the children away from the home and |
| 6 | | identify what outcomes would be considered a resolution to |
| 7 | | these problems. The court shall explain to the parents that |
| 8 | | these findings are based on the information that the court has |
| 9 | | at that time and may be revised, should additional evidence be |
| 10 | | presented to the court. |
| 11 | | The court shall review the Sibling Contact Support Plan |
| 12 | | developed or modified under subsection (f) of Section 7.4 of |
| 13 | | the Children and Family Services Act, if applicable. If the |
| 14 | | Department has not convened a meeting to
develop or modify a |
| 15 | | Sibling Contact Support Plan, or if the court finds that the |
| 16 | | existing Plan
is not in the child's best interest, the court |
| 17 | | may enter an order requiring the Department to
develop, modify |
| 18 | | or implement a Sibling Contact Support Plan, or order |
| 19 | | mediation. |
| 20 | | If the goal has been achieved, the court shall enter |
| 21 | | orders that are
necessary to conform the minor's legal custody |
| 22 | | and status to those findings.
|
| 23 | | If, after receiving evidence, the court determines that |
| 24 | | the services
contained in the plan are not reasonably |
| 25 | | calculated to facilitate achievement
of the permanency goal, |
| 26 | | the court shall put in writing the factual basis
supporting |
|
| | HB5501 | - 2256 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the determination and enter specific findings based on the |
| 2 | | evidence.
The court also shall enter an order for the |
| 3 | | Department to develop and
implement a new service plan or to |
| 4 | | implement changes to the current service
plan consistent with |
| 5 | | the court's findings. The new service plan shall be filed
with |
| 6 | | the court and served on all parties within 45 days of the date |
| 7 | | of the
order. The court shall continue the matter until the new |
| 8 | | service plan is
filed. Except as authorized by subsection |
| 9 | | (2.5) of this Section and as otherwise specifically authorized |
| 10 | | by law, the court is not empowered under this Section to order |
| 11 | | specific placements, specific services, or specific service |
| 12 | | providers to be included in the service plan.
|
| 13 | | A guardian or custodian appointed by the court pursuant to |
| 14 | | this Act shall
file updated case plans with the court every 6 |
| 15 | | months.
|
| 16 | | Rights of wards of the court under this Act are |
| 17 | | enforceable against
any public agency by complaints for relief |
| 18 | | by mandamus filed in any
proceedings brought under this Act.
|
| 19 | | (2.5) If, after reviewing the evidence, including evidence |
| 20 | | from the Department, the court determines that the minor's |
| 21 | | current or planned placement is not necessary or appropriate |
| 22 | | to facilitate achievement of the permanency goal, the court |
| 23 | | shall put in writing the factual basis supporting its |
| 24 | | determination and enter specific findings based on the |
| 25 | | evidence. If the court finds that the minor's current or |
| 26 | | planned placement is not necessary or appropriate, the court |
|
| | HB5501 | - 2257 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | may enter an order directing the Department to implement a |
| 2 | | recommendation by the minor's treating clinician or a |
| 3 | | clinician contracted by the Department to evaluate the minor |
| 4 | | or a recommendation made by the Department. If the Department |
| 5 | | places a minor in a placement under an order entered under this |
| 6 | | subsection (2.5), the Department has the authority to remove |
| 7 | | the minor from that placement when a change in circumstances |
| 8 | | necessitates the removal to protect the minor's health, |
| 9 | | safety, and best interest. If the Department determines |
| 10 | | removal is necessary, the Department shall notify the parties |
| 11 | | of the planned placement change in writing no later than 10 |
| 12 | | days prior to the implementation of its determination unless |
| 13 | | remaining in the placement poses an imminent risk of harm to |
| 14 | | the minor, in which case the Department shall notify the |
| 15 | | parties of the placement change in writing immediately |
| 16 | | following the implementation of its decision. The Department |
| 17 | | shall notify others of the decision to change the minor's |
| 18 | | placement as required by Department rule. |
| 19 | | (3) Following the permanency hearing, the court shall |
| 20 | | enter a written order
that includes the determinations |
| 21 | | required under subsection (2) of this
Section and sets forth |
| 22 | | the following:
|
| 23 | | (a) The future status of the minor, including the |
| 24 | | permanency goal, and
any order necessary to conform the |
| 25 | | minor's legal custody and status to such
determination; or
|
| 26 | | (b) If the permanency goal of the minor cannot be |
|
| | HB5501 | - 2258 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | achieved immediately,
the specific reasons for continuing |
| 2 | | the minor in the care of the Department of
Children and |
| 3 | | Family Services or other agency for short term placement, |
| 4 | | and the
following determinations:
|
| 5 | | (i) (Blank).
|
| 6 | | (ii) Whether the services required by the court
|
| 7 | | and by any service plan prepared within the prior 6 |
| 8 | | months
have been provided and (A) if so, whether the |
| 9 | | services were reasonably
calculated to facilitate the |
| 10 | | achievement of the permanency goal or (B) if not
|
| 11 | | provided, why the services were not provided.
|
| 12 | | (iii) Whether the minor's current or planned |
| 13 | | placement is necessary, and appropriate to the
plan |
| 14 | | and goal, recognizing the right of minors to the least |
| 15 | | restrictive (most
family-like) setting available and |
| 16 | | in close proximity to the parents' home
consistent |
| 17 | | with the health, safety, best interest and special |
| 18 | | needs of the
minor and, if the minor is placed |
| 19 | | out-of-state, whether the out-of-state
placement |
| 20 | | continues to be appropriate and consistent with the |
| 21 | | health, safety,
and best interest of the minor.
|
| 22 | | (iv) (Blank).
|
| 23 | | (v) (Blank).
|
| 24 | | (4) The minor or any person interested in the minor may |
| 25 | | apply to the
court for a change in custody of the minor and the |
| 26 | | appointment of a new
custodian or guardian of the person or for |
|
| | HB5501 | - 2259 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the restoration of the minor
to the custody of his parents or |
| 2 | | former guardian or custodian.
|
| 3 | | When return home is not selected as the permanency goal:
|
| 4 | | (a) The Department, the minor, or the current
foster |
| 5 | | parent or relative
caregiver seeking private guardianship |
| 6 | | may file a motion for private
guardianship of the minor. |
| 7 | | Appointment of a guardian under this Section
requires |
| 8 | | approval of the court.
|
| 9 | | (b) The State's Attorney may file a motion to |
| 10 | | terminate parental rights of
any parent who has failed to |
| 11 | | make reasonable efforts to correct the conditions
which |
| 12 | | led to the removal of the child or reasonable progress |
| 13 | | toward the return
of the child, as defined in subdivision |
| 14 | | (D)(m) of Section 1 of the Adoption Act
or for whom any |
| 15 | | other unfitness ground for terminating parental rights as
|
| 16 | | defined in subdivision (D) of Section 1 of the Adoption |
| 17 | | Act exists. |
| 18 | | When parental rights have been terminated for a |
| 19 | | minimum of 3 years and the child who is the subject of the |
| 20 | | permanency hearing is 13 years old or older and is not |
| 21 | | currently placed in a placement likely to achieve |
| 22 | | permanency, the Department of
Children and Family Services |
| 23 | | shall make reasonable efforts to locate parents whose |
| 24 | | rights have been terminated, except when the Court |
| 25 | | determines that those efforts would be futile or |
| 26 | | inconsistent with the subject child's best interests. The |
|
| | HB5501 | - 2260 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Department of
Children and Family Services shall assess |
| 2 | | the appropriateness of the parent whose rights have been |
| 3 | | terminated, and shall, as appropriate, foster and support |
| 4 | | connections between the parent whose rights have been |
| 5 | | terminated and the youth. The Department of
Children and |
| 6 | | Family Services shall document its determinations and |
| 7 | | efforts to foster connections in the child's case plan.
|
| 8 | | Custody of the minor shall not be restored to any parent, |
| 9 | | guardian, or legal
custodian in any case in which the minor is |
| 10 | | found to be neglected or abused
under Section 2-3 or dependent |
| 11 | | under Section 2-4 of this Act, unless the
minor can be cared |
| 12 | | for at home
without endangering his or her health or safety and |
| 13 | | it is in the best
interest of the minor,
and if such neglect, |
| 14 | | abuse, or dependency is found by the court
under paragraph (1) |
| 15 | | of Section 2-21 of this Act to have come
about due to the acts |
| 16 | | or omissions or both of such parent, guardian, or legal
|
| 17 | | custodian, until such time as an investigation is made as |
| 18 | | provided in
paragraph (5) and a hearing is held on the issue of |
| 19 | | the health,
safety, and
best interest of the minor and the |
| 20 | | fitness of such
parent, guardian, or legal custodian to care |
| 21 | | for the minor and the court
enters an order that such parent, |
| 22 | | guardian, or legal custodian is fit to
care for the minor. If a |
| 23 | | motion is filed to modify or
vacate a private guardianship |
| 24 | | order and return the child to a parent, guardian, or legal |
| 25 | | custodian, the
court may order the Department of Children and |
| 26 | | Family Services to assess the minor's current and
proposed |
|
| | HB5501 | - 2261 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | living arrangements and to provide ongoing monitoring of the |
| 2 | | health, safety, and best interest
of the minor during the |
| 3 | | pendency of the motion to assist the court in making that |
| 4 | | determination. In the event that the minor has attained 18 |
| 5 | | years
of age and the guardian or custodian petitions the court |
| 6 | | for an order
terminating his guardianship or custody, |
| 7 | | guardianship or custody shall
terminate automatically 30 days |
| 8 | | after the receipt of the petition unless
the court orders |
| 9 | | otherwise. No legal custodian or guardian of the
person may be |
| 10 | | removed without his consent until given notice and an
|
| 11 | | opportunity to be heard by the court.
|
| 12 | | When the court orders a child restored to the custody of |
| 13 | | the parent or
parents, the court shall order the parent or |
| 14 | | parents to cooperate with the
Department of Children and |
| 15 | | Family Services and comply with the terms of an
after-care |
| 16 | | plan, or risk the loss of custody of the child and possible
|
| 17 | | termination of their parental rights. The court may also enter |
| 18 | | an order of
protective supervision in accordance with Section |
| 19 | | 2-24.
|
| 20 | | If the minor is being restored to the custody of a parent, |
| 21 | | legal custodian, or guardian who lives
outside of Illinois, |
| 22 | | and an Interstate Compact has been requested and refused, the |
| 23 | | court may order the
Department of Children and Family Services |
| 24 | | to arrange for an assessment of the minor's
proposed living |
| 25 | | arrangement and for ongoing monitoring of the health, safety, |
| 26 | | and best
interest of the minor and compliance with any order of |
|
| | HB5501 | - 2262 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | protective supervision entered in
accordance with Section |
| 2 | | 2-24. |
| 3 | | (5) Whenever a parent, guardian, or legal custodian files |
| 4 | | a motion for
restoration of custody of the minor, and the minor |
| 5 | | was adjudicated
neglected, abused, or dependent as a result of |
| 6 | | physical abuse,
the court shall cause to be
made an |
| 7 | | investigation as to whether the movant has ever been charged
|
| 8 | | with or convicted of any criminal offense which would indicate |
| 9 | | the
likelihood of any further physical abuse to the minor. |
| 10 | | Evidence of such
criminal convictions shall be taken into |
| 11 | | account in determining whether the
minor can be cared for at |
| 12 | | home without endangering his or her health or safety
and |
| 13 | | fitness of the parent, guardian, or legal custodian.
|
| 14 | | (a) Any agency of this State or any subdivision |
| 15 | | thereof shall cooperate
co-operate with the agent of the |
| 16 | | court in providing any information
sought in the |
| 17 | | investigation.
|
| 18 | | (b) The information derived from the investigation and |
| 19 | | any
conclusions or recommendations derived from the |
| 20 | | information shall be
provided to the parent, guardian, or |
| 21 | | legal custodian seeking restoration
of custody prior to |
| 22 | | the hearing on fitness and the movant shall have
an |
| 23 | | opportunity at the hearing to refute the information or |
| 24 | | contest its
significance.
|
| 25 | | (c) All information obtained from any investigation |
| 26 | | shall be confidential
as provided in Section 5-150 of this |
|
| | HB5501 | - 2263 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Act.
|
| 2 | | (Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21; |
| 3 | | 102-489, eff. 8-20-21; revised 10-14-21.)
|
| 4 | | (705 ILCS 405/5-501)
|
| 5 | | (Text of Section before amendment by P.A. 102-654)
|
| 6 | | Sec. 5-501. Detention or shelter care hearing. At the |
| 7 | | appearance of the minor before the court at the detention or |
| 8 | | shelter
care hearing,
the court shall receive all relevant |
| 9 | | information and evidence, including
affidavits concerning the |
| 10 | | allegations made in the petition. Evidence used by
the court |
| 11 | | in its findings or stated in or offered in connection with this
|
| 12 | | Section may be by way of proffer based on reliable information |
| 13 | | offered by the
State or minor. All evidence shall be |
| 14 | | admissible if it is relevant and
reliable regardless of |
| 15 | | whether it would be admissible under the rules of
evidence |
| 16 | | applicable at a trial. No hearing may be held unless the minor |
| 17 | | is
represented by counsel and no hearing shall be held until |
| 18 | | the minor has had adequate opportunity to consult with |
| 19 | | counsel.
|
| 20 | | (1) If the court finds that there is not probable cause to |
| 21 | | believe that the
minor is a delinquent minor, it shall release |
| 22 | | the minor and dismiss the
petition.
|
| 23 | | (2) If the court finds that there is probable cause to |
| 24 | | believe that the
minor is a
delinquent minor, the minor, his or |
| 25 | | her parent, guardian, custodian and other
persons able to give |
|
| | HB5501 | - 2264 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | relevant testimony may be examined before the court. The
court |
| 2 | | may also consider any evidence by way of proffer based upon |
| 3 | | reliable
information offered by the State or the minor. All |
| 4 | | evidence, including
affidavits, shall be admissible if it is |
| 5 | | relevant and reliable regardless of
whether it would be |
| 6 | | admissible under the rules of evidence applicable at trial.
|
| 7 | | After such evidence is presented, the court may enter an order |
| 8 | | that the minor
shall be released upon the request of a parent, |
| 9 | | guardian or legal custodian if
the parent, guardian or |
| 10 | | custodian appears to take custody.
|
| 11 | | If the court finds that it is a matter of immediate and |
| 12 | | urgent necessity for
the protection of the minor or of the |
| 13 | | person or property of another that the
minor be detained or |
| 14 | | placed in a
shelter care facility or that he or she is likely |
| 15 | | to flee the jurisdiction of
the court, the court may prescribe |
| 16 | | detention or shelter care and order that the
minor be kept in a |
| 17 | | suitable place designated by the court or in a shelter care
|
| 18 | | facility designated by the Department of Children and Family |
| 19 | | Services or a
licensed child welfare agency; otherwise it |
| 20 | | shall release the minor from
custody. If the court prescribes |
| 21 | | shelter care, then in placing the minor, the
Department or |
| 22 | | other agency shall, to the extent compatible with the court's
|
| 23 | | order, comply with Section 7 of the Children and Family |
| 24 | | Services Act. In
making the determination of the existence of |
| 25 | | immediate and urgent necessity,
the court shall consider among |
| 26 | | other matters: (a) the nature and seriousness of
the alleged |
|
| | HB5501 | - 2265 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | offense; (b) the minor's record of delinquency offenses,
|
| 2 | | including whether the minor has delinquency cases pending; (c) |
| 3 | | the minor's
record of willful failure to appear following the |
| 4 | | issuance of a summons or
warrant; (d) the availability of |
| 5 | | non-custodial alternatives, including the
presence of a |
| 6 | | parent, guardian or other responsible relative able and |
| 7 | | willing
to provide supervision and care for the minor and to |
| 8 | | assure his or her
compliance with a summons. If the minor is |
| 9 | | ordered placed in a shelter care
facility of a licensed child |
| 10 | | welfare agency, the court shall, upon request of
the agency, |
| 11 | | appoint the appropriate agency executive temporary custodian |
| 12 | | of the
minor and the court may enter such other orders related |
| 13 | | to the temporary
custody of the minor as it deems fit and |
| 14 | | proper.
|
| 15 | | The order together with the court's findings of fact in |
| 16 | | support of the order
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 |
| 19 | | minor be placed in a shelter care
facility, the minor shall not |
| 20 | | be returned to the parent, custodian or guardian
until the |
| 21 | | court finds that the placement is no longer necessary for the
|
| 22 | | protection of the minor.
|
| 23 | | (3) Only when there is reasonable cause to believe that |
| 24 | | the minor taken
into custody is a delinquent minor may the |
| 25 | | minor be kept or detained in a
facility authorized for |
| 26 | | juvenile detention. This Section shall in no way be
construed |
|
| | HB5501 | - 2266 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to limit
subsection (4).
|
| 2 | | (4) (a) Minors 12 years of age or older must be kept |
| 3 | | separate from confined
adults and may not at any time be kept |
| 4 | | in the same cell, room or yard with
confined adults. This |
| 5 | | paragraph (4): (a) shall only apply to confinement pending an |
| 6 | | adjudicatory hearing
and
shall not exceed 40 hours, excluding |
| 7 | | Saturdays, Sundays, and court designated
holidays. To accept |
| 8 | | or hold minors during this time period, county jails shall
|
| 9 | | comply with all monitoring standards adopted
by the Department |
| 10 | | of Corrections and training standards approved by the
Illinois |
| 11 | | Law Enforcement Training Standards Board.
|
| 12 | | (b) To accept or hold minors, 12 years of age or older, |
| 13 | | after the time
period prescribed in clause (a) of subsection |
| 14 | | (4) of this Section but not
exceeding 7
days including |
| 15 | | Saturdays, Sundays, and holidays, pending an adjudicatory
|
| 16 | | hearing, county jails shall comply with all temporary |
| 17 | | detention standards adopted
by
the Department of Corrections |
| 18 | | and training standards approved by the Illinois
Law |
| 19 | | Enforcement Training Standards Board.
|
| 20 | | (c) To accept or hold minors 12 years of age or older, |
| 21 | | after the time
period prescribed in clause (a) and (b), of this |
| 22 | | subsection, county jails shall
comply with all county juvenile |
| 23 | | detention standards adopted by the Department of Juvenile |
| 24 | | Justice.
|
| 25 | | (5) If the minor is not brought before a judicial officer |
| 26 | | within the time
period as specified in Section 5-415, the |
|
| | HB5501 | - 2267 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | minor must immediately be released
from
custody.
|
| 2 | | (6) If neither the parent, guardian, or legal custodian |
| 3 | | appears within 24
hours to take custody of a minor released |
| 4 | | from detention or shelter care, then
the clerk of the court |
| 5 | | shall set the matter for rehearing not later than 7 days
after |
| 6 | | the original order and shall issue a summons directed to the |
| 7 | | parent,
guardian, or legal custodian to appear. At the same |
| 8 | | time the probation
department shall prepare a report on the |
| 9 | | minor. If a parent, guardian, or legal
custodian does not |
| 10 | | appear at such rehearing, the judge may enter an order
|
| 11 | | prescribing that the minor be kept in a suitable place |
| 12 | | designated by the
Department of Human Services or a licensed |
| 13 | | child welfare agency.
The time during which a minor is in |
| 14 | | custody after being released upon the
request of a parent, |
| 15 | | guardian, or legal custodian shall be considered as time
spent |
| 16 | | in detention for purposes of scheduling the trial.
|
| 17 | | (7) Any party, including the State, the temporary |
| 18 | | custodian, an agency
providing services to the minor or family |
| 19 | | under a service plan pursuant to
Section 8.2 of the Abused and |
| 20 | | Neglected Child Reporting Act, foster parent, or
any of their |
| 21 | | representatives, may file a
motion to modify or vacate a |
| 22 | | temporary custody order or vacate a detention or
shelter care |
| 23 | | order on any of the following grounds:
|
| 24 | | (a) It is no longer a matter of immediate and urgent |
| 25 | | necessity that the
minor remain in detention or shelter |
| 26 | | care; or
|
|
| | HB5501 | - 2268 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b) There is a material change in the circumstances of |
| 2 | | the natural family
from which the minor was removed; or
|
| 3 | | (c) A person, including a parent, relative, or legal |
| 4 | | guardian, is capable
of assuming temporary custody of the |
| 5 | | minor; or
|
| 6 | | (d) Services provided by the Department of Children |
| 7 | | and Family Services
or a
child welfare agency or other |
| 8 | | service provider have been successful in
eliminating the |
| 9 | | need for temporary custody.
|
| 10 | | The clerk shall set the matter for hearing not later than |
| 11 | | 14 days after such
motion is filed. In the event that the court |
| 12 | | modifies or vacates a temporary
order but does not vacate its |
| 13 | | finding of probable cause, the court may order
that |
| 14 | | appropriate services be continued or initiated on in behalf of |
| 15 | | the minor and
his or her family.
|
| 16 | | (8) Whenever a petition has been filed under Section |
| 17 | | 5-520, the court can,
at
any time prior to trial or sentencing, |
| 18 | | order that the minor be placed in
detention or a shelter care |
| 19 | | facility after the court conducts a hearing and
finds that the |
| 20 | | conduct and behavior of the minor may endanger the health,
|
| 21 | | person, welfare, or property of himself or others or that the |
| 22 | | circumstances
of his or her home environment may endanger his |
| 23 | | or her health, person, welfare,
or property.
|
| 24 | | (Source: P.A. 98-685, eff. 1-1-15.)
|
| 25 | | (Text of Section after amendment by P.A. 102-654)
|
|
| | HB5501 | - 2269 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Sec. 5-501. Detention or shelter care hearing. At the |
| 2 | | appearance of the minor before the court at the detention or |
| 3 | | shelter
care hearing,
the court shall receive all relevant |
| 4 | | information and evidence, including
affidavits concerning the |
| 5 | | allegations made in the petition. Evidence used by
the court |
| 6 | | in its findings or stated in or offered in connection with this
|
| 7 | | Section may be by way of proffer based on reliable information |
| 8 | | offered by the
State or minor. All evidence shall be |
| 9 | | admissible if it is relevant and
reliable regardless of |
| 10 | | whether it would be admissible under the rules of
evidence |
| 11 | | applicable at a trial. No hearing may be held unless the minor |
| 12 | | is
represented by counsel and no hearing shall be held until |
| 13 | | the minor has had adequate opportunity to consult with |
| 14 | | counsel.
|
| 15 | | (1) If the court finds that there is not probable cause to |
| 16 | | believe that the
minor is a delinquent minor, it shall release |
| 17 | | the minor and dismiss the
petition.
|
| 18 | | (2) If the court finds that there is probable cause to |
| 19 | | believe that the
minor is a
delinquent minor, the minor, his or |
| 20 | | her parent, guardian, custodian and other
persons able to give |
| 21 | | relevant testimony may be examined before the court. The
court |
| 22 | | may also consider any evidence by way of proffer based upon |
| 23 | | reliable
information offered by the State or the minor. All |
| 24 | | evidence, including
affidavits, shall be admissible if it is |
| 25 | | relevant and reliable regardless of
whether it would be |
| 26 | | admissible under the rules of evidence applicable at trial.
|
|
| | HB5501 | - 2270 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | After such evidence is presented, the court may enter an order |
| 2 | | that the minor
shall be released upon the request of a parent, |
| 3 | | guardian or legal custodian if
the parent, guardian or |
| 4 | | custodian appears to take custody.
|
| 5 | | If the court finds that it is a matter of immediate and |
| 6 | | urgent necessity for
the protection of the minor or of the |
| 7 | | person or property of another that the
minor be detained or |
| 8 | | placed in a
shelter care facility or that he or she is likely |
| 9 | | to flee the jurisdiction of
the court, the court may prescribe |
| 10 | | detention or shelter care and order that the
minor be kept in a |
| 11 | | suitable place designated by the court or in a shelter care
|
| 12 | | facility designated by the Department of Children and Family |
| 13 | | Services or a
licensed child welfare agency; otherwise it |
| 14 | | shall release the minor from
custody. If the court prescribes |
| 15 | | shelter care, then in placing the minor, the
Department or |
| 16 | | other agency shall, to the extent compatible with the court's
|
| 17 | | order, comply with Section 7 of the Children and Family |
| 18 | | Services Act. In
making the determination of the existence of |
| 19 | | immediate and urgent necessity,
the court shall consider among |
| 20 | | other matters: (a) the nature and seriousness of
the alleged |
| 21 | | offense; (b) the minor's record of delinquency offenses,
|
| 22 | | including whether the minor has delinquency cases pending; (c) |
| 23 | | the minor's
record of willful failure to appear following the |
| 24 | | issuance of a summons or
warrant; (d) the availability of |
| 25 | | non-custodial alternatives, including the
presence of a |
| 26 | | parent, guardian or other responsible relative able and |
|
| | HB5501 | - 2271 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | willing
to provide supervision and care for the minor and to |
| 2 | | assure his or her
compliance with a summons. If the minor is |
| 3 | | ordered placed in a shelter care
facility of a licensed child |
| 4 | | welfare agency, the court shall, upon request of
the agency, |
| 5 | | appoint the appropriate agency executive temporary custodian |
| 6 | | of the
minor and the court may enter such other orders related |
| 7 | | to the temporary
custody of the minor as it deems fit and |
| 8 | | proper.
|
| 9 | | If the court Court prescribes detention, and the minor is |
| 10 | | a youth in care of the Department of Children and Family |
| 11 | | Services, a hearing shall be held every 14 days to determine |
| 12 | | whether there is an urgent and immediate necessity to detain |
| 13 | | the minor for the protection of the person or property of |
| 14 | | another. If urgent and immediate necessity is not found on the |
| 15 | | basis of the protection of the person or property of another, |
| 16 | | the minor shall be released to the custody of the Department of |
| 17 | | Children and Family Services. If the court Court prescribes |
| 18 | | detention based on the minor being likely to flee the |
| 19 | | jurisdiction, and the minor is a youth in care of the |
| 20 | | Department of Children and Family Services, a hearing shall be |
| 21 | | held every 7 days for status on the location of shelter care |
| 22 | | placement by the Department of Children and Family Services. |
| 23 | | Detention shall not be used as a shelter care placement for |
| 24 | | minors in the custody or guardianship of the Department of |
| 25 | | Children and Family Services. |
| 26 | | The order together with the court's findings of fact in |
|
| | HB5501 | - 2272 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | support of the order
shall
be entered
of record in the court.
|
| 2 | | Once the court finds that it is a matter of immediate and |
| 3 | | urgent necessity
for the protection of the minor that the |
| 4 | | minor be placed in a shelter care
facility, the minor shall not |
| 5 | | be returned to the parent, custodian or guardian
until the |
| 6 | | court finds that the placement is no longer necessary for the
|
| 7 | | protection of the minor.
|
| 8 | | (3) Only when there is reasonable cause to believe that |
| 9 | | the minor taken
into custody is a delinquent minor may the |
| 10 | | minor be kept or detained in a
facility authorized for |
| 11 | | juvenile detention. This Section shall in no way be
construed |
| 12 | | to limit
subsection (4).
|
| 13 | | (4) (a) Minors 12 years of age or older must be kept |
| 14 | | separate from confined
adults and may not at any time be kept |
| 15 | | in the same cell, room or yard with
confined adults. This |
| 16 | | paragraph (4): (a) shall only apply to confinement pending an |
| 17 | | adjudicatory hearing
and
shall not exceed 40 hours, excluding |
| 18 | | Saturdays, Sundays, and court designated
holidays. To accept |
| 19 | | or hold minors during this time period, county jails shall
|
| 20 | | comply with all monitoring standards adopted
by the Department |
| 21 | | of Corrections and training standards approved by the
Illinois |
| 22 | | Law Enforcement Training Standards Board.
|
| 23 | | (b) To accept or hold minors, 12 years of age or older, |
| 24 | | after the time
period prescribed in clause (a) of subsection |
| 25 | | (4) of this Section but not
exceeding 7
days including |
| 26 | | Saturdays, Sundays, and holidays, pending an adjudicatory
|
|
| | HB5501 | - 2273 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | hearing, county jails shall comply with all temporary |
| 2 | | detention standards adopted
by
the Department of Corrections |
| 3 | | and training standards approved by the Illinois
Law |
| 4 | | Enforcement Training Standards Board.
|
| 5 | | (c) To accept or hold minors 12 years of age or older, |
| 6 | | after the time
period prescribed in clause (a) and (b), of this |
| 7 | | subsection, county jails shall
comply with all county juvenile |
| 8 | | detention standards adopted by the Department of Juvenile |
| 9 | | Justice.
|
| 10 | | (5) If the minor is not brought before a judicial officer |
| 11 | | within the time
period as specified in Section 5-415, the |
| 12 | | minor must immediately be released
from
custody.
|
| 13 | | (6) If neither the parent, guardian, or legal custodian |
| 14 | | appears within 24
hours to take custody of a minor released |
| 15 | | from detention or shelter care, then
the clerk of the court |
| 16 | | shall set the matter for rehearing not later than 7 days
after |
| 17 | | the original order and shall issue a summons directed to the |
| 18 | | parent,
guardian, or legal custodian to appear. At the same |
| 19 | | time the probation
department shall prepare a report on the |
| 20 | | minor. If a parent, guardian, or legal
custodian does not |
| 21 | | appear at such rehearing, the judge may enter an order
|
| 22 | | prescribing that the minor be kept in a suitable place |
| 23 | | designated by the
Department of Human Services or a licensed |
| 24 | | child welfare agency.
The time during which a minor is in |
| 25 | | custody after being released upon the
request of a parent, |
| 26 | | guardian, or legal custodian shall be considered as time
spent |
|
| | HB5501 | - 2274 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in detention for purposes of scheduling the trial.
|
| 2 | | (7) Any party, including the State, the temporary |
| 3 | | custodian, an agency
providing services to the minor or family |
| 4 | | under a service plan pursuant to
Section 8.2 of the Abused and |
| 5 | | Neglected Child Reporting Act, foster parent, or
any of their |
| 6 | | representatives, may file a
motion to modify or vacate a |
| 7 | | temporary custody order or vacate a detention or
shelter care |
| 8 | | order on any of the following grounds:
|
| 9 | | (a) It is no longer a matter of immediate and urgent |
| 10 | | necessity that the
minor remain in detention or shelter |
| 11 | | care; or
|
| 12 | | (b) There is a material change in the circumstances of |
| 13 | | the natural family
from which the minor was removed; or
|
| 14 | | (c) A person, including a parent, relative, or legal |
| 15 | | guardian, is capable
of assuming temporary custody of the |
| 16 | | minor; or
|
| 17 | | (d) Services provided by the Department of Children |
| 18 | | and Family Services
or a
child welfare agency or other |
| 19 | | service provider have been successful in
eliminating the |
| 20 | | need for temporary custody.
|
| 21 | | The clerk shall set the matter for hearing not later than |
| 22 | | 14 days after such
motion is filed. In the event that the court |
| 23 | | modifies or vacates a temporary
order but does not vacate its |
| 24 | | finding of probable cause, the court may order
that |
| 25 | | appropriate services be continued or initiated on in behalf of |
| 26 | | the minor and
his or her family.
|
|
| | HB5501 | - 2275 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (8) Whenever a petition has been filed under Section |
| 2 | | 5-520, the court can,
at
any time prior to trial or sentencing, |
| 3 | | order that the minor be placed in
detention or a shelter care |
| 4 | | facility after the court conducts a hearing and
finds that the |
| 5 | | conduct and behavior of the minor may endanger the health,
|
| 6 | | person, welfare, or property of himself or others or that the |
| 7 | | circumstances
of his or her home environment may endanger his |
| 8 | | or her health, person, welfare,
or property.
|
| 9 | | (Source: P.A. 102-654, eff. 1-1-23; revised 11-24-21.)
|
| 10 | | (705 ILCS 405/5-901)
|
| 11 | | Sec. 5-901. Court file.
|
| 12 | | (1) The Court file with respect to proceedings under this
|
| 13 | | Article shall consist of the petitions, pleadings, victim |
| 14 | | impact statements,
process,
service of process, orders, writs |
| 15 | | and docket entries reflecting hearings held
and judgments and |
| 16 | | decrees entered by the court. The court file shall be
kept |
| 17 | | separate from other records of the court.
|
| 18 | | (a) The file, including information identifying the |
| 19 | | victim or alleged
victim of any sex
offense, shall be |
| 20 | | disclosed only to the following parties when necessary for
|
| 21 | | discharge of their official duties:
|
| 22 | | (i) A judge of the circuit court and members of the |
| 23 | | staff of the court
designated by the judge;
|
| 24 | | (ii) Parties to the proceedings and their |
| 25 | | attorneys;
|
|
| | HB5501 | - 2276 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (iii) Victims and their attorneys, except in cases |
| 2 | | of multiple victims
of
sex offenses in which case the |
| 3 | | information identifying the nonrequesting
victims |
| 4 | | shall be redacted;
|
| 5 | | (iv) Probation officers, law enforcement officers |
| 6 | | or prosecutors or
their
staff;
|
| 7 | | (v) Adult and juvenile Prisoner Review Boards.
|
| 8 | | (b) The Court file redacted to remove any information |
| 9 | | identifying the
victim or alleged victim of any sex |
| 10 | | offense shall be disclosed only to the
following parties |
| 11 | | when necessary for discharge of their official duties:
|
| 12 | | (i) Authorized military personnel;
|
| 13 | | (ii) Persons engaged in bona fide research, with |
| 14 | | the permission of the
judge of the juvenile court and |
| 15 | | the chief executive of the agency that prepared
the
|
| 16 | | particular recording: provided that publication of |
| 17 | | such research results in no
disclosure of a minor's |
| 18 | | identity and protects the confidentiality of the
|
| 19 | | record;
|
| 20 | | (iii) The Secretary of State to whom the Clerk of |
| 21 | | the Court shall report
the disposition of all cases, |
| 22 | | as required in Section 6-204 or Section 6-205.1
of the |
| 23 | | Illinois
Vehicle Code. However, information reported |
| 24 | | relative to these offenses shall
be privileged and |
| 25 | | available only to the Secretary of State, courts, and |
| 26 | | police
officers;
|
|
| | HB5501 | - 2277 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (iv) The administrator of a bonafide substance |
| 2 | | abuse student
assistance program with the permission |
| 3 | | of the presiding judge of the
juvenile court;
|
| 4 | | (v) Any individual, or any public or private |
| 5 | | agency or institution,
having
custody of the juvenile |
| 6 | | under court order or providing educational, medical or
|
| 7 | | mental health services to the juvenile or a |
| 8 | | court-approved advocate for the
juvenile or any |
| 9 | | placement provider or potential placement provider as
|
| 10 | | determined by the court.
|
| 11 | | (2) (Reserved). |
| 12 | | (3) A minor who is the victim or alleged victim in a |
| 13 | | juvenile proceeding
shall be
provided the same confidentiality |
| 14 | | regarding disclosure of identity as the
minor who is the |
| 15 | | subject of record.
Information identifying victims and alleged |
| 16 | | victims of sex offenses,
shall not be disclosed or open to |
| 17 | | public inspection under any circumstances.
Nothing in this |
| 18 | | Section shall prohibit the victim or alleged victim of any sex
|
| 19 | | offense from voluntarily disclosing his or her identity.
|
| 20 | | (4) Relevant information, reports and records shall be |
| 21 | | made available to the
Department of
Juvenile Justice when a |
| 22 | | juvenile offender has been placed in the custody of the
|
| 23 | | Department of Juvenile Justice.
|
| 24 | | (4.5) Relevant information, reports and records, held by |
| 25 | | the Department of Juvenile Justice, including social |
| 26 | | investigation, psychological and medical records, of any |
|
| | HB5501 | - 2278 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | juvenile offender, shall be made available to any county |
| 2 | | juvenile detention facility upon written request by the |
| 3 | | Superintendent or Director of that juvenile detention |
| 4 | | facility, to the Chief Records Officer of the Department of |
| 5 | | Juvenile Justice where the subject youth is or was in the |
| 6 | | custody of the Department of Juvenile Justice and is |
| 7 | | subsequently ordered to be held in a county juvenile detention |
| 8 | | facility. |
| 9 | | (5) Except as otherwise provided in this subsection (5), |
| 10 | | juvenile court
records shall not be made available to the |
| 11 | | general public
but may be inspected by representatives of |
| 12 | | agencies, associations and news
media or other properly |
| 13 | | interested persons by general or special order of
the court. |
| 14 | | The State's Attorney, the minor, his or her parents, guardian |
| 15 | | and
counsel
shall at all times have the right to examine court |
| 16 | | files and records.
|
| 17 | | (a) The
court shall allow the general public to have |
| 18 | | access to the name, address, and
offense of a minor
who is |
| 19 | | adjudicated a delinquent minor under this Act under either |
| 20 | | of the
following circumstances:
|
| 21 | | (i) The
adjudication of
delinquency was based upon |
| 22 | | the
minor's
commission of first degree murder, attempt |
| 23 | | to commit first degree
murder, aggravated criminal |
| 24 | | sexual assault, or criminal sexual assault; or
|
| 25 | | (ii) The court has made a finding that the minor |
| 26 | | was at least 13 years
of
age
at the time the act was |
|
| | HB5501 | - 2279 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | committed and the adjudication of delinquency was |
| 2 | | based
upon the minor's commission of: (A)
an act in |
| 3 | | furtherance of the commission of a felony as a member |
| 4 | | of or on
behalf of a criminal street
gang, (B) an act |
| 5 | | involving the use of a firearm in the commission of a
|
| 6 | | felony, (C) an act that would be a Class X felony |
| 7 | | offense
under or
the minor's second or subsequent
|
| 8 | | Class 2 or greater felony offense under the Cannabis |
| 9 | | Control Act if committed
by an adult,
(D) an act that |
| 10 | | would be a second or subsequent offense under Section |
| 11 | | 402 of
the Illinois Controlled Substances Act if |
| 12 | | committed by an adult, (E) an act
that would be an |
| 13 | | offense under Section 401 of the Illinois Controlled
|
| 14 | | Substances Act if committed by an adult, or (F) an act |
| 15 | | that would be an offense under the Methamphetamine |
| 16 | | Control and Community Protection Act if committed by |
| 17 | | an adult.
|
| 18 | | (b) The court
shall allow the general public to have |
| 19 | | access to the name, address, and offense
of a minor who is |
| 20 | | at least 13 years of age at
the time the offense
is |
| 21 | | committed and who is convicted, in criminal proceedings
|
| 22 | | permitted or required under Section 5-805, under either of
|
| 23 | | the following
circumstances:
|
| 24 | | (i) The minor has been convicted of first degree |
| 25 | | murder, attempt
to commit first degree
murder, |
| 26 | | aggravated criminal sexual
assault, or criminal sexual |
|
| | HB5501 | - 2280 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | assault,
|
| 2 | | (ii) The court has made a finding that the minor |
| 3 | | was at least 13 years
of age
at the time the offense |
| 4 | | was committed and the conviction was based upon the
|
| 5 | | minor's commission of: (A)
an offense in
furtherance |
| 6 | | of the commission of a felony as a member of or on |
| 7 | | behalf of a
criminal street gang, (B) an offense
|
| 8 | | involving the use of a firearm in the commission of a |
| 9 | | felony, (C)
a Class X felony offense under the |
| 10 | | Cannabis Control Act or a second or
subsequent Class 2 |
| 11 | | or
greater felony offense under the Cannabis Control |
| 12 | | Act, (D) a
second or subsequent offense under Section |
| 13 | | 402 of the Illinois
Controlled Substances Act, (E) an |
| 14 | | offense under Section 401 of the Illinois
Controlled |
| 15 | | Substances Act, or (F) an offense under the |
| 16 | | Methamphetamine Control and Community Protection Act.
|
| 17 | | (6) Nothing in this Section shall be construed to limit |
| 18 | | the use of an
adjudication of delinquency as
evidence in any |
| 19 | | juvenile or criminal proceeding, where it would otherwise be
|
| 20 | | admissible under the rules of evidence, including, but not |
| 21 | | limited to, use as
impeachment evidence against any witness, |
| 22 | | including the minor if he or she
testifies.
|
| 23 | | (7) Nothing in this Section shall affect the right of a |
| 24 | | Civil Service
Commission or appointing authority examining the |
| 25 | | character and fitness of
an applicant for a position as a law |
| 26 | | enforcement officer to ascertain
whether that applicant was |
|
| | HB5501 | - 2281 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ever adjudicated to be a delinquent minor and,
if so, to |
| 2 | | examine the records or evidence which were made in
proceedings |
| 3 | | under this Act.
|
| 4 | | (8) Following any adjudication of delinquency for a crime |
| 5 | | which would be
a felony if committed by an adult, or following |
| 6 | | any adjudication of delinquency
for a violation of Section |
| 7 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the |
| 8 | | Criminal Code of 2012, the State's Attorney shall ascertain
|
| 9 | | whether the minor respondent is enrolled in school and, if so, |
| 10 | | shall provide
a copy of the sentencing order to the principal |
| 11 | | or chief administrative
officer of the school. Access to such |
| 12 | | juvenile records shall be limited
to the principal or chief |
| 13 | | administrative officer of the school and any school
counselor |
| 14 | | designated by him or her.
|
| 15 | | (9) Nothing contained in this Act prevents the sharing or
|
| 16 | | disclosure of information or records relating or pertaining to |
| 17 | | juveniles
subject to the provisions of the Serious Habitual |
| 18 | | Offender Comprehensive
Action Program when that information is |
| 19 | | used to assist in the early
identification and treatment of |
| 20 | | habitual juvenile offenders.
|
| 21 | | (10) (Reserved). |
| 22 | | (11) The Clerk of the Circuit Court shall report to the |
| 23 | | Illinois
State
Police, in the form and manner required by the |
| 24 | | Illinois State Police, the
final disposition of each minor who |
| 25 | | has been arrested or taken into custody
before his or her 18th |
| 26 | | birthday for those offenses required to be reported
under |
|
| | HB5501 | - 2282 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Section 5 of the Criminal Identification Act. Information |
| 2 | | reported to
the Illinois
State
Police Department under this |
| 3 | | Section may be maintained with records that the Illinois
State
|
| 4 | | Police
Department files under Section 2.1 of the Criminal |
| 5 | | Identification Act.
|
| 6 | | (12) Information or records may be disclosed to the |
| 7 | | general public when the
court is conducting hearings under |
| 8 | | Section 5-805 or 5-810.
|
| 9 | | (13) The changes made to this Section by Public Act 98-61 |
| 10 | | apply to juvenile court records of a minor who has been |
| 11 | | arrested or taken into custody on or after January 1, 2014 (the |
| 12 | | effective date of Public Act 98-61). |
| 13 | | (Source: P.A. 102-197, eff. 7-30-21; 102-320, eff. 8-6-21; |
| 14 | | 102-538, eff. 8-20-21; revised 10-12-21.)
|
| 15 | | Section 600. The Court of Claims Act is amended by |
| 16 | | changing Section 22 as follows:
|
| 17 | | (705 ILCS 505/22) (from Ch. 37, par. 439.22)
|
| 18 | | Sec. 22. Every claim cognizable by the court and not |
| 19 | | otherwise sooner
barred by law shall be forever barred from |
| 20 | | prosecution therein unless it
is filed with the clerk of the |
| 21 | | court within the time set forth as follows:
|
| 22 | | (a) All claims arising out of a contract must be filed |
| 23 | | within 5
years after it first accrues, saving to minors, |
| 24 | | and persons under legal
disability at the time the claim |
|
| | HB5501 | - 2283 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | accrues, in which cases the claim must be
filed within 5 |
| 2 | | years from the time the disability ceases.
|
| 3 | | (b) All claims cognizable against the State by vendors |
| 4 | | of goods or services
under the Illinois Public Aid Code
|
| 5 | | must be filed file within one year after the accrual of the |
| 6 | | cause of action, as provided
in Section 11-13 of that |
| 7 | | Code.
|
| 8 | | (c) All claims arising under paragraph (c) of Section |
| 9 | | 8 of this Act
must
be automatically heard by the court
|
| 10 | | within 120
days
after the person
asserting such
claim is |
| 11 | | either issued a certificate of innocence from the circuit |
| 12 | | court as provided in Section 2-702 of the Code of Civil |
| 13 | | Procedure, or is granted a pardon by the Governor, |
| 14 | | whichever occurs later,
without the person asserting the |
| 15 | | claim being required to file a petition under Section 11 |
| 16 | | of this Act, except as otherwise provided by the Crime |
| 17 | | Victims Compensation Act.
Any claims filed by the claimant |
| 18 | | under paragraph (c) of Section 8 of this Act must be filed |
| 19 | | within 2 years after the person asserting such claim is |
| 20 | | either issued a certificate of innocence as provided in |
| 21 | | Section 2-702 of the Code of Civil Procedure, or is |
| 22 | | granted a pardon by the Governor, whichever occurs later.
|
| 23 | | (d) All claims arising under paragraph (f) of Section |
| 24 | | 8 of this Act must
be filed within the time set forth in |
| 25 | | Section 3 of the Line of Duty Compensation Act.
|
| 26 | | (e) All claims arising under paragraph (h) of Section |
|
| | HB5501 | - 2284 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 8 of this Act must
be filed within one year of the date of |
| 2 | | the death of the guardsman or
militiaman as provided in |
| 3 | | Section 3 of the Illinois National Guardsman's
|
| 4 | | Compensation Act.
|
| 5 | | (f) All claims arising under paragraph (g) of Section |
| 6 | | 8 of this Act must
be filed within one year of the crime on |
| 7 | | which a claim is based as
provided in Section 6.1 of the |
| 8 | | Crime Victims Compensation Act.
|
| 9 | | (g) All claims arising from the Comptroller's refusal |
| 10 | | to issue a
replacement warrant pursuant to Section 10.10 |
| 11 | | of the State Comptroller Act
must be filed within 5 years |
| 12 | | after the date of the Comptroller's refusal.
|
| 13 | | (h) All other claims must be filed within 2 years |
| 14 | | after it first accrues,
saving to minors, and persons |
| 15 | | under legal disability at the time the claim
accrues, in |
| 16 | | which case the claim must be filed within 2 years from the |
| 17 | | time
the disability ceases.
|
| 18 | | (i) The changes made by Public Act 86-458 apply to all
|
| 19 | | warrants issued within the 5-year period preceding August |
| 20 | | 31, 1989 (the effective date of Public Act 86-458).
The |
| 21 | | changes made to this Section by Public Act 100-1124 apply |
| 22 | | to claims pending on November 27, 2018 (the effective date |
| 23 | | of Public Act 100-1124) and to claims filed thereafter.
|
| 24 | | (j) All time limitations established under this Act |
| 25 | | and the rules
promulgated under this Act shall be binding |
| 26 | | and jurisdictional, except upon
extension authorized by |
|
| | HB5501 | - 2285 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | law or rule and granted pursuant to a motion timely filed.
|
| 2 | | (Source: P.A. 102-558, eff. 8-20-21; revised 11-24-21.)
|
| 3 | | Section 605. The Criminal Code of 2012 is amended by |
| 4 | | changing Sections 12-7.1, 24-3, and 24-8 as follows:
|
| 5 | | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
|
| 6 | | Sec. 12-7.1. Hate crime.
|
| 7 | | (a) A person commits hate crime when, by reason of the |
| 8 | | actual or
perceived race, color, creed, religion, ancestry, |
| 9 | | gender, sexual orientation,
physical or mental disability, |
| 10 | | citizenship, immigration status, or national origin of another |
| 11 | | individual or
group of individuals, regardless of the |
| 12 | | existence of any other motivating
factor or factors, he or she |
| 13 | | commits assault, battery, aggravated assault, intimidation, |
| 14 | | stalking, cyberstalking, misdemeanor
theft, criminal trespass |
| 15 | | to residence, misdemeanor criminal damage
to property, |
| 16 | | criminal trespass to vehicle, criminal trespass to real |
| 17 | | property,
mob action, disorderly conduct, transmission of |
| 18 | | obscene messages, harassment by telephone, or harassment |
| 19 | | through electronic
communications as these crimes are defined |
| 20 | | in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, |
| 21 | | 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs |
| 22 | | (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs |
| 23 | | (a)(2) and (a)(5) of Section 26.5-3 of this Code,
|
| 24 | | respectively.
|
|
| | HB5501 | - 2286 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (b) Except as provided in subsection (b-5), hate crime is |
| 2 | | a Class 4
felony for a first offense and a Class 2 felony for a |
| 3 | | second or subsequent
offense.
|
| 4 | | (b-5) Hate crime is a Class 3 felony for a first offense |
| 5 | | and a Class 2
felony for a second or subsequent offense if |
| 6 | | committed:
|
| 7 | | (1) in, or upon the exterior or grounds of, a church, |
| 8 | | synagogue, mosque, or other building, structure, or place
|
| 9 | | identified or associated with a particular religion or |
| 10 | | used for religious worship or other religious purpose;
|
| 11 | | (2) in a cemetery, mortuary, or other facility used |
| 12 | | for the purpose of
burial or memorializing the dead;
|
| 13 | | (3) in a school or other educational facility, |
| 14 | | including an administrative facility or public or private |
| 15 | | dormitory facility of or associated with the school or |
| 16 | | other educational facility;
|
| 17 | | (4) in a public park or an ethnic or religious |
| 18 | | community center;
|
| 19 | | (5) on the real property comprising any location |
| 20 | | specified in
clauses (1) through (4) of this subsection |
| 21 | | (b-5); or
|
| 22 | | (6) on a public way within 1,000 feet of the real |
| 23 | | property comprising any
location specified in clauses (1) |
| 24 | | through (4) of this subsection (b-5).
|
| 25 | | (b-10) Upon imposition of any sentence,
the trial
court |
| 26 | | shall also either order restitution paid to the victim
or |
|
| | HB5501 | - 2287 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | impose a fine in an amount to be determined by the court based |
| 2 | | on the severity of the crime and the injury or damages suffered |
| 3 | | by the victim. In addition, any order of probation or
|
| 4 | | conditional discharge entered following a conviction or an |
| 5 | | adjudication of
delinquency shall include a condition that the |
| 6 | | offender perform public or
community service of no less than |
| 7 | | 200 hours if that service is established in
the county where |
| 8 | | the offender was convicted of hate crime. In addition, any |
| 9 | | order of probation or
conditional discharge entered following |
| 10 | | a conviction or an adjudication of
delinquency shall include a |
| 11 | | condition that the offender enroll in an educational program |
| 12 | | discouraging hate crimes involving the protected class |
| 13 | | identified in subsection (a) that gave rise to the offense the |
| 14 | | offender committed. The educational program must be attended |
| 15 | | by the offender in-person and may be administered, as |
| 16 | | determined by the court, by a university, college, community |
| 17 | | college, non-profit organization, the Illinois Holocaust and |
| 18 | | Genocide Commission, or any other organization that provides |
| 19 | | educational programs discouraging hate crimes, except that |
| 20 | | programs administered online or that can otherwise be attended |
| 21 | | remotely are prohibited. The court may also
impose any other |
| 22 | | condition of probation or conditional discharge under this
|
| 23 | | Section. If the court sentences the offender to imprisonment |
| 24 | | or periodic imprisonment for a violation of this Section, as a |
| 25 | | condition of the offender's mandatory supervised release, the |
| 26 | | court shall require that the offender perform public or |
|
| | HB5501 | - 2288 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | community service of no less than 200 hours and enroll in an |
| 2 | | educational program discouraging hate crimes involving the |
| 3 | | protected class
identified in subsection (a) that gave rise to |
| 4 | | the offense the offender committed.
|
| 5 | | (c) Independent of any criminal prosecution or the result
|
| 6 | | of a criminal prosecution, any
person suffering injury to his |
| 7 | | or her person, damage to his or her property, intimidation as |
| 8 | | defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section |
| 9 | | 12-6 of this Code, stalking as defined in Section 12-7.3 of |
| 10 | | this Code, cyberstalking as defined in Section 12-7.5 of this |
| 11 | | Code, disorderly conduct as defined in paragraph (a)(1), |
| 12 | | (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code, |
| 13 | | transmission of obscene messages as defined in Section 26.5-1 |
| 14 | | of this Code, harassment by telephone as defined in Section |
| 15 | | 26.5-2 of this Code, or harassment through electronic |
| 16 | | communications as defined in paragraphs (a)(2) and (a)(5) of |
| 17 | | Section 26.5-3 of this Code as a result
of a hate crime may |
| 18 | | bring a civil action for damages, injunction
or other |
| 19 | | appropriate relief. The court may award actual damages, |
| 20 | | including
damages for emotional distress, as well as punitive |
| 21 | | damages. The court may impose a civil penalty up to $25,000 for |
| 22 | | each violation of this subsection (c). A judgment in favor of a |
| 23 | | person who brings a civil action under this subsection (c) |
| 24 | | shall include
attorney's fees and costs. After consulting with |
| 25 | | the local State's Attorney, the Attorney General may bring a |
| 26 | | civil action in the name of the People of the State for an |
|
| | HB5501 | - 2290 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | than a traffic offense or adjudged
delinquent.
|
| 2 | | (c) Sells or gives any firearm to any narcotic addict.
|
| 3 | | (d) Sells or gives any firearm to any person who has |
| 4 | | been convicted of a
felony under the laws of this or any |
| 5 | | other jurisdiction.
|
| 6 | | (e) Sells or gives any firearm to any person who has |
| 7 | | been a patient in a
mental institution within the past 5 |
| 8 | | years. In this subsection (e): |
| 9 | | "Mental institution" means any hospital, |
| 10 | | institution, clinic, evaluation facility, mental |
| 11 | | health center, or part thereof, which is used |
| 12 | | primarily for the care or treatment of persons with |
| 13 | | mental illness. |
| 14 | | "Patient in a mental institution" means the person |
| 15 | | was admitted, either voluntarily or involuntarily, to |
| 16 | | a mental institution for mental health treatment, |
| 17 | | unless the treatment was voluntary and solely for an |
| 18 | | alcohol abuse disorder and no other secondary |
| 19 | | substance abuse disorder or mental illness.
|
| 20 | | (f) Sells or gives any firearms to any person who is a |
| 21 | | person with an intellectual disability.
|
| 22 | | (g) Delivers any firearm, incidental to a sale, |
| 23 | | without withholding delivery of the firearm
for at least |
| 24 | | 72 hours after application for its purchase has been made, |
| 25 | | or
delivers a stun gun or taser, incidental to a sale,
|
| 26 | | without withholding delivery of the stun gun or taser for
|
|
| | HB5501 | - 2291 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | at least 24 hours after application for its purchase has |
| 2 | | been made.
However,
this paragraph (g) does not apply to: |
| 3 | | (1) the sale of a firearm
to a law enforcement officer if |
| 4 | | the seller of the firearm knows that the person to whom he |
| 5 | | or she is selling the firearm is a law enforcement officer |
| 6 | | or the sale of a firearm to a person who desires to |
| 7 | | purchase a firearm for
use in promoting the public |
| 8 | | interest incident to his or her employment as a
bank |
| 9 | | guard, armed truck guard, or other similar employment; (2) |
| 10 | | a mail
order sale of a firearm from a federally licensed |
| 11 | | firearms dealer to a nonresident of Illinois under which |
| 12 | | the firearm
is mailed to a federally licensed firearms |
| 13 | | dealer outside the boundaries of Illinois; (3) (blank); |
| 14 | | (4) the sale of a
firearm to a dealer licensed as a federal |
| 15 | | firearms dealer under Section 923
of the federal Gun |
| 16 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or |
| 17 | | sale of any rifle, shotgun, or other long gun to a resident |
| 18 | | registered competitor or attendee or non-resident |
| 19 | | registered competitor or attendee by any dealer licensed |
| 20 | | as a federal firearms dealer under Section 923 of the |
| 21 | | federal Gun Control Act of 1968 at competitive shooting |
| 22 | | events held at the World Shooting Complex sanctioned by a |
| 23 | | national governing body. For purposes of transfers or |
| 24 | | sales under subparagraph (5) of this paragraph (g), the |
| 25 | | Department of Natural Resources shall give notice to the |
| 26 | | Illinois State Police at least 30 calendar days prior to |
|
| | HB5501 | - 2292 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any competitive shooting events at the World Shooting |
| 2 | | Complex sanctioned by a national governing body. The |
| 3 | | notification shall be made on a form prescribed by the |
| 4 | | Illinois State Police. The sanctioning body shall provide |
| 5 | | a list of all registered competitors and attendees at |
| 6 | | least 24 hours before the events to the Illinois State |
| 7 | | Police. Any changes to the list of registered competitors |
| 8 | | and attendees shall be forwarded to the Illinois State |
| 9 | | Police as soon as practicable. The Illinois State Police |
| 10 | | must destroy the list of registered competitors and |
| 11 | | attendees no later than 30 days after the date of the |
| 12 | | event. Nothing in this paragraph (g) relieves a federally |
| 13 | | licensed firearm dealer from the requirements of |
| 14 | | conducting a NICS background check through the Illinois |
| 15 | | Point of Contact under 18 U.S.C. 922(t). For purposes of |
| 16 | | this paragraph (g), "application" means when the buyer and |
| 17 | | seller reach an agreement to purchase a firearm.
For |
| 18 | | purposes of this paragraph (g), "national governing body" |
| 19 | | means a group of persons who adopt rules and formulate |
| 20 | | policy on behalf of a national firearm sporting |
| 21 | | organization.
|
| 22 | | (h) While holding any license
as a dealer,
importer, |
| 23 | | manufacturer or pawnbroker
under the federal Gun Control |
| 24 | | Act of 1968,
manufactures, sells or delivers to any |
| 25 | | unlicensed person a handgun having
a barrel, slide, frame |
| 26 | | or receiver which is a die casting of zinc alloy or
any |
|
| | HB5501 | - 2293 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | other nonhomogeneous metal which will melt or deform at a |
| 2 | | temperature
of less than 800 degrees Fahrenheit. For |
| 3 | | purposes of this paragraph, (1)
"firearm" is defined as in |
| 4 | | the Firearm Owners Identification Card Act; and (2)
|
| 5 | | "handgun" is defined as a firearm designed to be held
and |
| 6 | | fired by the use of a single hand, and includes a |
| 7 | | combination of parts from
which such a firearm can be |
| 8 | | assembled.
|
| 9 | | (i) Sells or gives a firearm of any size to any person |
| 10 | | under 18 years of
age who does not possess a valid Firearm |
| 11 | | Owner's Identification Card.
|
| 12 | | (j) Sells or gives a firearm while engaged in the |
| 13 | | business of selling
firearms at wholesale or retail |
| 14 | | without being licensed as a federal firearms
dealer under |
| 15 | | Section 923 of the federal Gun Control Act of 1968 (18 |
| 16 | | U.S.C.
923). In this paragraph (j):
|
| 17 | | A person "engaged in the business" means a person who |
| 18 | | devotes time,
attention, and
labor to
engaging in the |
| 19 | | activity as a regular course of trade or business with the
|
| 20 | | principal objective of livelihood and profit, but does not |
| 21 | | include a person who
makes occasional repairs of firearms |
| 22 | | or who occasionally fits special barrels,
stocks, or |
| 23 | | trigger mechanisms to firearms.
|
| 24 | | "With the principal objective of livelihood and |
| 25 | | profit" means that the
intent
underlying the sale or |
| 26 | | disposition of firearms is predominantly one of
obtaining |
|
| | HB5501 | - 2294 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | livelihood and pecuniary gain, as opposed to other |
| 2 | | intents, such as
improving or liquidating a personal |
| 3 | | firearms collection; however, proof of
profit shall not be |
| 4 | | required as to a person who engages in the regular and
|
| 5 | | repetitive purchase and disposition of firearms for |
| 6 | | criminal purposes or
terrorism.
|
| 7 | | (k) Sells or transfers ownership of a firearm to a |
| 8 | | person who does not display to the seller or transferor of |
| 9 | | the firearm either: (1) a currently valid Firearm Owner's |
| 10 | | Identification Card that has previously been issued in the |
| 11 | | transferee's name by the Illinois State Police under the |
| 12 | | provisions of the Firearm Owners Identification Card Act; |
| 13 | | or (2) a currently valid license to carry a concealed |
| 14 | | firearm that has previously been issued in the |
| 15 | | transferee's name by the
Illinois State Police under the |
| 16 | | Firearm Concealed Carry Act. This paragraph (k) does not |
| 17 | | apply to the transfer of a firearm to a person who is |
| 18 | | exempt from the requirement of possessing a Firearm |
| 19 | | Owner's Identification Card under Section 2 of the Firearm |
| 20 | | Owners Identification Card Act. For the purposes of this |
| 21 | | Section, a currently valid Firearm Owner's Identification |
| 22 | | Card or license to carry a concealed firearm means receipt |
| 23 | | of an approval number issued in accordance with subsection |
| 24 | | (a-10) of Section subsection 3 or Section 3.1 of the |
| 25 | | Firearm Owners Identification Card Act. |
| 26 | | (1) In addition to the other requirements of this |
|
| | HB5501 | - 2295 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | paragraph (k), all persons who are not federally |
| 2 | | licensed firearms dealers must also have complied with |
| 3 | | subsection (a-10) of Section 3 of the Firearm Owners |
| 4 | | Identification Card Act by determining the validity of |
| 5 | | a purchaser's Firearm Owner's Identification Card. |
| 6 | | (2) All sellers or transferors who have complied |
| 7 | | with the requirements of subparagraph (1) of this |
| 8 | | paragraph (k) shall not be liable for damages in any |
| 9 | | civil action arising from the use or misuse by the |
| 10 | | transferee of the firearm transferred, except for |
| 11 | | willful or wanton misconduct on the part of the seller |
| 12 | | or transferor. |
| 13 | | (l) Not
being entitled to the possession of a firearm, |
| 14 | | delivers the
firearm, knowing it to have been stolen or |
| 15 | | converted. It may be inferred that
a person who possesses |
| 16 | | a firearm with knowledge that its serial number has
been |
| 17 | | removed or altered has knowledge that the firearm is |
| 18 | | stolen or converted. |
| 19 | | (B) Paragraph (h) of subsection (A) does not include |
| 20 | | firearms sold within 6
months after enactment of Public
Act |
| 21 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| 22 | | nor is any
firearm legally owned or
possessed by any citizen or |
| 23 | | purchased by any citizen within 6 months after the
enactment |
| 24 | | of Public Act 78-355 subject
to confiscation or seizure under |
| 25 | | the provisions of that Public Act. Nothing in
Public Act |
| 26 | | 78-355 shall be construed to prohibit the gift or trade of
any |
|
| | HB5501 | - 2296 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | firearm if that firearm was legally held or acquired within 6 |
| 2 | | months after
the enactment of that Public Act.
|
| 3 | | (C) Sentence.
|
| 4 | | (1) Any person convicted of unlawful sale or delivery |
| 5 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
| 6 | | or (h) of subsection (A) commits a Class
4
felony.
|
| 7 | | (2) Any person convicted of unlawful sale or delivery |
| 8 | | of firearms in violation of
paragraph (b) or (i) of |
| 9 | | subsection (A) commits a Class 3 felony.
|
| 10 | | (3) Any person convicted of unlawful sale or delivery |
| 11 | | of firearms in violation of
paragraph (a) of subsection |
| 12 | | (A) commits a Class 2 felony.
|
| 13 | | (4) Any person convicted of unlawful sale or delivery |
| 14 | | of firearms in violation of
paragraph (a), (b), or (i) of |
| 15 | | subsection (A) in any school, on the real
property |
| 16 | | comprising a school, within 1,000 feet of the real |
| 17 | | property comprising
a school, at a school related |
| 18 | | activity, or on or within 1,000 feet of any
conveyance |
| 19 | | owned, leased, or contracted by a school or school |
| 20 | | district to
transport students to or from school or a |
| 21 | | school related activity,
regardless of the time of day or |
| 22 | | time of year at which the offense
was committed, commits a |
| 23 | | Class 1 felony. Any person convicted of a second
or |
| 24 | | subsequent violation of unlawful sale or delivery of |
| 25 | | firearms in violation of paragraph
(a), (b), or (i) of |
| 26 | | subsection (A) in any school, on the real property
|
|
| | HB5501 | - 2297 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | comprising a school, within 1,000 feet of the real |
| 2 | | property comprising a
school, at a school related |
| 3 | | activity, or on or within 1,000 feet of any
conveyance |
| 4 | | owned, leased, or contracted by a school or school |
| 5 | | district to
transport students to or from school or a |
| 6 | | school related activity,
regardless of the time of day or |
| 7 | | time of year at which the offense
was committed, commits a |
| 8 | | Class 1 felony for which the sentence shall be a
term of |
| 9 | | imprisonment of no less than 5 years and no more than 15 |
| 10 | | years.
|
| 11 | | (5) Any person convicted of unlawful sale or delivery |
| 12 | | of firearms in violation of
paragraph (a) or (i) of |
| 13 | | subsection (A) in residential property owned,
operated, or |
| 14 | | managed by a public housing agency or leased by a public |
| 15 | | housing
agency as part of a scattered site or mixed-income |
| 16 | | development, in a public
park, in a
courthouse, on |
| 17 | | residential property owned, operated, or managed by a |
| 18 | | public
housing agency or leased by a public housing agency |
| 19 | | as part of a scattered site
or mixed-income development, |
| 20 | | on the real property comprising any public park,
on the |
| 21 | | real
property comprising any courthouse, or on any public |
| 22 | | way within 1,000 feet
of the real property comprising any |
| 23 | | public park, courthouse, or residential
property owned, |
| 24 | | operated, or managed by a public housing agency or leased |
| 25 | | by a
public housing agency as part of a scattered site or |
| 26 | | mixed-income development
commits a
Class 2 felony.
|
|
| | HB5501 | - 2298 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (6) Any person convicted of unlawful sale or delivery |
| 2 | | of firearms in violation of
paragraph (j) of subsection |
| 3 | | (A) commits a Class A misdemeanor. A second or
subsequent |
| 4 | | violation is a Class 4 felony. |
| 5 | | (7) Any person convicted of unlawful sale or delivery |
| 6 | | of firearms in violation of paragraph (k) of subsection |
| 7 | | (A) commits a Class 4 felony, except that a violation of |
| 8 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
| 9 | | not be punishable as a crime or petty offense. A third or |
| 10 | | subsequent conviction for a violation of paragraph (k) of |
| 11 | | subsection (A) is a Class 1 felony.
|
| 12 | | (8) A person 18 years of age or older convicted of |
| 13 | | unlawful sale or delivery of firearms in violation of |
| 14 | | paragraph (a) or (i) of subsection (A), when the firearm |
| 15 | | that was sold or given to another person under 18 years of |
| 16 | | age was used in the commission of or attempt to commit a |
| 17 | | forcible felony, shall be fined or imprisoned, or both, |
| 18 | | not to exceed the maximum provided for the most serious |
| 19 | | forcible felony so committed or attempted by the person |
| 20 | | under 18 years of age who was sold or given the firearm. |
| 21 | | (9) Any person convicted of unlawful sale or delivery |
| 22 | | of firearms in violation of
paragraph (d) of subsection |
| 23 | | (A) commits a Class 3 felony. |
| 24 | | (10) Any person convicted of unlawful sale or delivery |
| 25 | | of firearms in violation of paragraph (l) of subsection |
| 26 | | (A) commits a Class 2 felony if the delivery is of one |
|
| | HB5501 | - 2299 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | firearm. Any person convicted of unlawful sale or delivery |
| 2 | | of firearms in violation of paragraph (l) of subsection |
| 3 | | (A) commits a Class 1 felony if the delivery is of not less |
| 4 | | than 2 and not more than 5 firearms at the
same time or |
| 5 | | within a one-year one year period. Any person convicted of |
| 6 | | unlawful sale or delivery of firearms in violation of |
| 7 | | paragraph (l) of subsection (A) commits a Class X felony |
| 8 | | for which he or she shall be sentenced
to a term of |
| 9 | | imprisonment of not less than 6 years and not more than 30
|
| 10 | | years if the delivery is of not less than 6 and not more |
| 11 | | than 10 firearms at the
same time or within a 2-year 2 year |
| 12 | | period. Any person convicted of unlawful sale or delivery |
| 13 | | of firearms in violation of paragraph (l) of subsection |
| 14 | | (A) commits a Class X felony for which he or she shall be |
| 15 | | sentenced
to a term of imprisonment of not less than 6 |
| 16 | | years and not more than 40
years if the delivery is of not |
| 17 | | less than 11 and not more than 20 firearms at the
same time |
| 18 | | or within a 3-year 3 year period. Any person convicted of |
| 19 | | unlawful sale or delivery of firearms in violation of |
| 20 | | paragraph (l) of subsection (A) commits a Class X felony |
| 21 | | for which he or she shall be sentenced
to a term of |
| 22 | | imprisonment of not less than 6 years and not more than 50
|
| 23 | | years if the delivery is of not less than 21 and not more |
| 24 | | than 30 firearms at the
same time or within a 4-year 4 year |
| 25 | | period. Any person convicted of unlawful sale or delivery |
| 26 | | of firearms in violation of paragraph (l) of subsection |
|
| | HB5501 | - 2300 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (A) commits a Class X felony for which he or she shall be |
| 2 | | sentenced
to a term of imprisonment of not less than 6 |
| 3 | | years and not more than 60
years if the delivery is of 31 |
| 4 | | or more firearms at the
same time or within a 5-year 5 year |
| 5 | | period. |
| 6 | | (D) For purposes of this Section:
|
| 7 | | "School" means a public or private elementary or secondary |
| 8 | | school,
community college, college, or university.
|
| 9 | | "School related activity" means any sporting, social, |
| 10 | | academic, or
other activity for which students' attendance or |
| 11 | | participation is sponsored,
organized, or funded in whole or |
| 12 | | in part by a school or school district.
|
| 13 | | (E) A prosecution for a violation of paragraph (k) of |
| 14 | | subsection (A) of this Section may be commenced within 6 years |
| 15 | | after the commission of the offense. A prosecution for a |
| 16 | | violation of this Section other than paragraph (g) of |
| 17 | | subsection (A) of this Section may be commenced within 5 years |
| 18 | | after the commission of the offense defined in the particular |
| 19 | | paragraph.
|
| 20 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 21 | | revised 10-12-21.)
|
| 22 | | (720 ILCS 5/24-8)
|
| 23 | | Sec. 24-8. Firearm evidence.
|
| 24 | | (a) Upon recovering a firearm from the possession
of |
| 25 | | anyone who is not permitted by federal or State
law
to possess |
|
| | HB5501 | - 2301 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a firearm, a law enforcement agency shall
use the best |
| 2 | | available information, including a firearms trace when |
| 3 | | necessary,
to determine how and from whom the person gained
|
| 4 | | possession of the firearm.
Upon recovering a firearm that was |
| 5 | | used in the commission of any offense
classified as a felony or |
| 6 | | upon recovering a firearm that appears to have been
lost, |
| 7 | | mislaid,
stolen, or
otherwise unclaimed, a law enforcement |
| 8 | | agency shall use the best
available
information, including a |
| 9 | | firearms trace, to determine prior
ownership of
the firearm.
|
| 10 | | (b) Law enforcement shall, when appropriate, use the |
| 11 | | National
Tracing Center of the
Federal
Bureau of Alcohol, |
| 12 | | Tobacco and Firearms and the National Crime Information Center |
| 13 | | of the Federal Bureau of Investigation in complying with |
| 14 | | subsection (a) of
this Section.
|
| 15 | | (c) Law enforcement agencies shall use the Illinois State |
| 16 | | Police Law Enforcement Agencies Data System (LEADS) Gun File |
| 17 | | to enter all
stolen, seized, or recovered firearms as |
| 18 | | prescribed by LEADS regulations and
policies. |
| 19 | | (d) Whenever a law enforcement agency recovers a fired |
| 20 | | cartridge case at a crime scene or has reason to believe that |
| 21 | | the recovered fired cartridge case is related to or associated |
| 22 | | with the commission of a crime, the law enforcement agency |
| 23 | | shall submit the evidence to the National Integrated |
| 24 | | Ballistics Information Network (NIBIN) or an Illinois State |
| 25 | | Police laboratory for NIBIN processing. Whenever a law |
| 26 | | enforcement agency seizes or recovers a semiautomatic firearm |
|
| | HB5501 | - 2302 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | that is deemed suitable to be entered into the NIBIN that was: |
| 2 | | (i) unlawfully possessed, (ii) used for any unlawful purpose, |
| 3 | | (iii) recovered from the scene of a crime, (iv) is reasonably |
| 4 | | believed to have been used or associated with the commission |
| 5 | | of a crime, or (v) is acquired by the law enforcement agency as |
| 6 | | an abandoned or discarded firearm, the law enforcement agency |
| 7 | | shall submit the evidence to the NIBIN or an Illinois State |
| 8 | | Police laboratory for NIBIN processing.
When practicable, all |
| 9 | | NIBIN-suitable evidence and NIBIN-suitable test fires from |
| 10 | | recovered firearms shall be entered into the NIBIN within 2 |
| 11 | | business days of submission to Illinois State Police |
| 12 | | laboratories that have NIBIN access or another NIBIN site. |
| 13 | | Exceptions to this may occur if the evidence in question |
| 14 | | requires analysis by other forensic disciplines. The Illinois |
| 15 | | State Police laboratory, submitting agency, and relevant court |
| 16 | | representatives shall determine whether the request for |
| 17 | | additional analysis outweighs the 2 business-day requirement.
|
| 18 | | Illinois State Police laboratories that do not have NIBIN |
| 19 | | access shall submit NIBIN-suitable evidence and test fires to |
| 20 | | an Illinois State Police laboratory with NIBIN access. Upon |
| 21 | | receipt at the laboratory with NIBIN access, when practicable, |
| 22 | | the evidence and test fires shall be entered into the NIBIN |
| 23 | | within 2 business days. Exceptions to this 2 business-day |
| 24 | | requirement may occur if the evidence in question requires |
| 25 | | analysis by other forensic disciplines. The Illinois State |
| 26 | | Police laboratory, submitting agency, and relevant court |
|
| | HB5501 | - 2303 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | representatives shall determine whether the request for |
| 2 | | additional analysis outweighs the 2 business-day requirement.
|
| 3 | | Nothing in this Section shall be interpreted to conflict with |
| 4 | | standards and policies for NIBIN sites as promulgated by the |
| 5 | | federal Bureau of Alcohol, Tobacco, Firearms and Explosives or |
| 6 | | successor agencies.
|
| 7 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 8 | | revised 10-14-21.)
|
| 9 | | Section 610. The Cannabis Control Act is amended by |
| 10 | | changing Section 8 as follows:
|
| 11 | | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
|
| 12 | | Sec. 8. Except as otherwise provided in the Cannabis |
| 13 | | Regulation and Tax Act and the Industrial Hemp Act, it is |
| 14 | | unlawful for any person knowingly to produce the Cannabis
|
| 15 | | sativa plant or to possess such plants unless production or |
| 16 | | possession
has been authorized pursuant to the provisions of |
| 17 | | Section 11 or 15.2 of the Act.
Any person who violates this |
| 18 | | Section with respect to production or possession of:
|
| 19 | | (a) Not more than 5 plants is guilty of a civil |
| 20 | | violation punishable by a minimum fine of $100 and a |
| 21 | | maximum fine of $200. The proceeds of the fine are payable |
| 22 | | to the clerk of the circuit court. Within 30 days after the |
| 23 | | deposit of the fine, the clerk shall distribute the |
| 24 | | proceeds of the fine as follows: |
|
| | HB5501 | - 2304 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (1) $10 of the fine to the circuit clerk and $10 of |
| 2 | | the fine to the law enforcement agency that issued the |
| 3 | | citation; the proceeds of each $10 fine distributed to |
| 4 | | the circuit clerk and each $10 fine distributed to the |
| 5 | | law enforcement agency that issued the citation for |
| 6 | | the violation shall be used to defer the cost of |
| 7 | | automatic expungements under paragraph (2.5) of |
| 8 | | subsection (a) of Section 5.2 of the Criminal |
| 9 | | Identification Act; |
| 10 | | (2) $15 to the county to fund drug addiction |
| 11 | | services; |
| 12 | | (3) $10 to the Office of the State's Attorneys |
| 13 | | Appellate Prosecutor for use in training programs; |
| 14 | | (4) $10 to the State's Attorney; and |
| 15 | | (5) any remainder of the fine to the law |
| 16 | | enforcement agency that issued the citation for the |
| 17 | | violation. |
| 18 | | With respect to funds designated for the Illinois |
| 19 | | State Police, the moneys shall be remitted by the circuit |
| 20 | | court clerk to the State Treasurer Illinois within one |
| 21 | | month after receipt for deposit into the State Police |
| 22 | | Operations Assistance Fund. With respect to funds |
| 23 | | designated for the Department of Natural Resources, the |
| 24 | | Department of Natural Resources shall deposit the moneys |
| 25 | | into the Conservation Police Operations Assistance Fund.
|
| 26 | | (b) More than 5, but not more than 20 plants, is guilty
|
|
| | HB5501 | - 2305 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of a Class 4 felony.
|
| 2 | | (c) More than 20, but not more than 50 plants, is
|
| 3 | | guilty of a Class 3 felony.
|
| 4 | | (d) More than 50, but not more than 200 plants, is |
| 5 | | guilty of a Class 2 felony for which
a fine not to exceed |
| 6 | | $100,000 may be imposed and for which liability for
the |
| 7 | | cost of conducting the investigation and eradicating such |
| 8 | | plants may be
assessed. Compensation for expenses incurred |
| 9 | | in the enforcement of this
provision shall be transmitted |
| 10 | | to and deposited in the treasurer's office
at the level of |
| 11 | | government represented by the Illinois law enforcement
|
| 12 | | agency whose officers or employees conducted the |
| 13 | | investigation or caused
the arrest or arrests leading to |
| 14 | | the prosecution, to be subsequently made
available to that |
| 15 | | law enforcement agency as expendable receipts for use in
|
| 16 | | the enforcement of laws regulating controlled substances |
| 17 | | and cannabis. If
such seizure was made by a combination of |
| 18 | | law enforcement personnel
representing different levels of |
| 19 | | government, the court levying the
assessment shall |
| 20 | | determine the allocation of such assessment. The proceeds
|
| 21 | | of assessment awarded to the State treasury shall be |
| 22 | | deposited in a special
fund known as the Drug Traffic |
| 23 | | Prevention Fund. |
| 24 | | (e) More than 200 plants is guilty of a Class 1 felony |
| 25 | | for which
a fine not to exceed $100,000 may be imposed and |
| 26 | | for which liability for
the cost of conducting the |
|
| | HB5501 | - 2306 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | investigation and eradicating such plants may be
assessed. |
| 2 | | Compensation for expenses incurred in the enforcement of |
| 3 | | this
provision shall be transmitted to and deposited in |
| 4 | | the treasurer's office
at the level of government |
| 5 | | represented by the Illinois law enforcement
agency whose |
| 6 | | officers or employees conducted the investigation or |
| 7 | | caused
the arrest or arrests leading to the prosecution, |
| 8 | | to be subsequently made
available to that law enforcement |
| 9 | | agency as expendable receipts for use in
the enforcement |
| 10 | | of laws regulating controlled substances and cannabis. If
|
| 11 | | such seizure was made by a combination of law enforcement |
| 12 | | personnel
representing different levels of government, the |
| 13 | | court levying the
assessment shall determine the |
| 14 | | allocation of such assessment. The proceeds
of assessment |
| 15 | | awarded to the State treasury shall be deposited in a |
| 16 | | special
fund known as the Drug Traffic Prevention Fund.
|
| 17 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 18 | | 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; revised |
| 19 | | 10-14-21.)
|
| 20 | | Section 615. The Illinois Controlled Substances Act is |
| 21 | | amended by changing Sections 102 and 316 as follows:
|
| 22 | | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) |
| 23 | | Sec. 102. Definitions. As used in this Act, unless the |
| 24 | | context
otherwise requires:
|
|
| | HB5501 | - 2307 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (a) "Addict" means any person who habitually uses any |
| 2 | | drug, chemical,
substance or dangerous drug other than alcohol |
| 3 | | so as to endanger the public
morals, health, safety or welfare |
| 4 | | or who is so far addicted to the use of a
dangerous drug or |
| 5 | | controlled substance other than alcohol as to have lost
the |
| 6 | | power of self control with reference to his or her addiction.
|
| 7 | | (b) "Administer" means the direct application of a |
| 8 | | controlled
substance, whether by injection, inhalation, |
| 9 | | ingestion, or any other
means, to the body of a patient, |
| 10 | | research subject, or animal (as
defined by the Humane |
| 11 | | Euthanasia in Animal Shelters Act) by:
|
| 12 | | (1) a practitioner (or, in his or her presence, by his |
| 13 | | or her authorized agent),
|
| 14 | | (2) the patient or research subject pursuant to an |
| 15 | | order, or
|
| 16 | | (3) a euthanasia technician as defined by the Humane |
| 17 | | Euthanasia in
Animal Shelters Act.
|
| 18 | | (c) "Agent" means an authorized person who acts on behalf |
| 19 | | of or at
the direction of a manufacturer, distributor, |
| 20 | | dispenser, prescriber, or practitioner. It does not
include a |
| 21 | | common or contract carrier, public warehouseman or employee of
|
| 22 | | the carrier or warehouseman.
|
| 23 | | (c-1) "Anabolic Steroids" means any drug or hormonal |
| 24 | | substance,
chemically and pharmacologically related to |
| 25 | | testosterone (other than
estrogens, progestins, |
| 26 | | corticosteroids, and dehydroepiandrosterone),
and includes:
|
|
| | HB5501 | - 2308 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (i) 3[beta],17-dihydroxy-5a-androstane, |
| 2 | | (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, |
| 3 | | (iii) 5[alpha]-androstan-3,17-dione, |
| 4 | | (iv) 1-androstenediol (3[beta], |
| 5 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
| 6 | | (v) 1-androstenediol (3[alpha], |
| 7 | | 17[beta]-dihydroxy-5[alpha]-androst-1-ene), |
| 8 | | (vi) 4-androstenediol |
| 9 | | (3[beta],17[beta]-dihydroxy-androst-4-ene), |
| 10 | | (vii) 5-androstenediol |
| 11 | | (3[beta],17[beta]-dihydroxy-androst-5-ene), |
| 12 | | (viii) 1-androstenedione |
| 13 | | ([5alpha]-androst-1-en-3,17-dione), |
| 14 | | (ix) 4-androstenedione |
| 15 | | (androst-4-en-3,17-dione), |
| 16 | | (x) 5-androstenedione |
| 17 | | (androst-5-en-3,17-dione), |
| 18 | | (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- |
| 19 | | hydroxyandrost-4-en-3-one), |
| 20 | | (xii) boldenone (17[beta]-hydroxyandrost- |
| 21 | | 1,4,-diene-3-one), |
| 22 | | (xiii) boldione (androsta-1,4- |
| 23 | | diene-3,17-dione), |
| 24 | | (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 |
| 25 | | [beta]-hydroxyandrost-4-en-3-one), |
| 26 | | (xv) clostebol (4-chloro-17[beta]- |
|
| | HB5501 | - 2309 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | hydroxyandrost-4-en-3-one), |
| 2 | | (xvi) dehydrochloromethyltestosterone (4-chloro- |
| 3 | | 17[beta]-hydroxy-17[alpha]-methyl- |
| 4 | | androst-1,4-dien-3-one), |
| 5 | | (xvii) desoxymethyltestosterone |
| 6 | | (17[alpha]-methyl-5[alpha] |
| 7 | | -androst-2-en-17[beta]-ol)(a.k.a., madol), |
| 8 | | (xviii) [delta]1-dihydrotestosterone (a.k.a. |
| 9 | | '1-testosterone') (17[beta]-hydroxy- |
| 10 | | 5[alpha]-androst-1-en-3-one), |
| 11 | | (xix) 4-dihydrotestosterone (17[beta]-hydroxy- |
| 12 | | androstan-3-one), |
| 13 | | (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- |
| 14 | | 5[alpha]-androstan-3-one), |
| 15 | | (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- |
| 16 | | hydroxyestr-4-ene), |
| 17 | | (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- |
| 18 | | 1[beta],17[beta]-dihydroxyandrost-4-en-3-one), |
| 19 | | (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], |
| 20 | | 17[beta]-dihydroxyandrost-1,4-dien-3-one), |
| 21 | | (xxiv) furazabol (17[alpha]-methyl-17[beta]- |
| 22 | | hydroxyandrostano[2,3-c]-furazan), |
| 23 | | (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, |
| 24 | | (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- |
| 25 | | androst-4-en-3-one), |
| 26 | | (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- |
|
| | HB5501 | - 2310 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | dihydroxy-estr-4-en-3-one), |
| 2 | | (xxviii) mestanolone (17[alpha]-methyl-17[beta]- |
| 3 | | hydroxy-5-androstan-3-one), |
| 4 | | (xxix) mesterolone (1amethyl-17[beta]-hydroxy- |
| 5 | | [5a]-androstan-3-one), |
| 6 | | (xxx) methandienone (17[alpha]-methyl-17[beta]- |
| 7 | | hydroxyandrost-1,4-dien-3-one), |
| 8 | | (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- |
| 9 | | dihydroxyandrost-5-ene), |
| 10 | | (xxxii) methenolone (1-methyl-17[beta]-hydroxy- |
| 11 | | 5[alpha]-androst-1-en-3-one), |
| 12 | | (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- |
| 13 | | dihydroxy-5a-androstane, |
| 14 | | (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy |
| 15 | | -5a-androstane, |
| 16 | | (xxxv) 17[alpha]-methyl-3[beta],17[beta]- |
| 17 | | dihydroxyandrost-4-ene), |
| 18 | | (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- |
| 19 | | methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), |
| 20 | | (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- |
| 21 | | hydroxyestra-4,9(10)-dien-3-one), |
| 22 | | (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- |
| 23 | | hydroxyestra-4,9-11-trien-3-one), |
| 24 | | (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- |
| 25 | | hydroxyandrost-4-en-3-one), |
| 26 | | (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- |
|
| | HB5501 | - 2312 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | (liii) normethandrolone (17[alpha]-methyl-17[beta]- |
| 2 | | hydroxyestr-4-en-3-one), |
| 3 | | (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- |
| 4 | | 2-oxa-5[alpha]-androstan-3-one), |
| 5 | | (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- |
| 6 | | dihydroxyandrost-4-en-3-one), |
| 7 | | (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- |
| 8 | | 17[beta]-hydroxy-(5[alpha]-androstan-3-one), |
| 9 | | (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- |
| 10 | | (5[alpha]-androst-2-eno[3,2-c]-pyrazole), |
| 11 | | (lviii) stenbolone (17[beta]-hydroxy-2-methyl- |
| 12 | | (5[alpha]-androst-1-en-3-one), |
| 13 | | (lix) testolactone (13-hydroxy-3-oxo-13,17- |
| 14 | | secoandrosta-1,4-dien-17-oic acid lactone), (lx) testosterone (17[beta]-hydroxyandrost- 4-en-3-one), (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- diethyl-17[beta]-hydroxygon- 4,9,11-trien-3-one), (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 11-trien-3-one).
|
| 23 | |
Any person who is otherwise la |
| 24 | | wfully in possession of an anabolic
steroid, or who otherw |
| 25 | | ise lawfully manufactures, distributes, dispenses,
delivers, o |
| 26 | | r possesses with intent to deliver an anabolic steroid, |
|
| | HB5501 | - 2313 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | which
anabolic steroid is expressly intended for and lawfully |
| 2 | | allowed to be
administered through implants to livestock or o |
| 3 | | ther nonhuman species, and
which is approved by the Sec |
| 4 | | retary of Health and Human Services for such
administration, an |
| 5 | | d which the person intends to administer or have
administe |
| 6 | | red through such implants, shall not be considered to be in
una |
| 7 | | uthorized possession or to unlawfully manufacture, distrib |
| 8 | | ute, dispense,
deliver, or possess with intent to deliver |
| 9 | | such anabolic steroid for
purposes of thi |
| 10 | | s Act.
(d) "Administration" |
| 11 | | means the Drug Enforcement Administration,
United States Dep |
| 12 | | artment of Justice, or its successor a |
| 13 | | gency.
(d-5) "Clinical Director, Prescr |
| 14 | | iption Monitoring Program" means a Department of Human Servic |
| 15 | | es administrative employee licensed to either prescribe or disp |
| 16 | | ense controlled substances who shall run the clinical aspects |
| 17 | | of the Department of Human Services Prescription Monitoring Pr |
| 18 | | ogram and its Prescription Information |
| 19 | | Library. (d-10) "Compounding" means the |
| 20 | | preparation and mixing of components, excluding flavorin |
| 21 | | gs, (1) as the result of a prescriber's prescription drug or |
| 22 | | der or initiative based on the prescriber-patient-pharmacist |
| 23 | | relationship in the course of professional practice or |
| 24 | | (2) for the purpose of, or incident to, research, teaching, or |
| 25 | | chemical analysis and not for sale or dispensing. "Compounding |
| 26 | | " includes the preparation of drugs or devices in anticipation |
|
| | HB5501 | - 2314 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of receiving prescription drug orders based on routine, reg |
| 2 | | ularly observed dispensing patterns. Commercially available |
| 3 | | products may be compounded for dispensing to individual pa |
| 4 | | tients only if both of the following conditions are met: (i) |
| 5 | | the commercial product is not reasonably available from norma |
| 6 | | l distribution channels in a timely manner to meet the pa |
| 7 | | tient's needs and (ii) the prescribing practitioner has |
| 8 | | requested that the drug be comp |
| 9 | | ounded. (e) "Control" means to add a d |
| 10 | | rug or other substance, or immediate
precursor, to a Schedule |
| 11 | | whether by
transfer from another Schedule or othe |
| 12 | | rwise.
(f) "Controlled Substance" me |
| 13 | | ans (i) a drug, substance, immediate
precursor, or syntheti |
| 14 | | c drug in the Schedules of Article II of this Act or (ii) a d |
| 15 | | rug or other substance, or immediate precursor, designated as |
| 16 | | a controlled substance by the Department through administrati |
| 17 | | ve rule. The term does not include distilled spirits, wine, m |
| 18 | | alt beverages, or tobacco, as those terms are
defined or used in |
| 19 | | the Liquor Control Act of 1934 and the Tobacco Products Tax
Act of |
| 20 | | 1995.
(f-5) "Controlled substance analog" means a substance: (1) the chemical structure |
| 22 | | of which is substantially similar to the chemical |
| 23 | | structure of a controlled substance in Schedule I or II; (2) which has a |
| 25 | | stimulant, depressant, or hallucinogenic effect on the c |
| 26 | | entral nervous system that is substantially similar to or g |
|
| | HB5501 | - 2315 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | reater than the stimulant, depressant, or hallucinog |
| 2 | | enic effect on the central nervous system of a controlled |
| 3 | | substance in Schedule I or II; or (3) with respect to a par |
| 5 | | ticular person, which such person represents or in |
| 6 | | tends to have a stimulant, depressant, or hallucinog |
| 7 | | enic effect on the central nervous system that is substanti |
| 8 | | ally similar to or greater than the stimulant, depressant |
| 9 | | , or hallucinogenic effect on the central nervous system of |
| 10 | | a controlled substance in Schedule I |
| 11 | | or II. (g) "Counterfeit substance" mea |
| 12 | | ns a controlled substance, which, or
the container or |
| 13 | | labeling of which, without authorization bears the
trade |
| 14 | | mark, trade name, or other identifying mark, imprint, number |
| 15 | | or
device, or any likeness thereof, of a manufacturer, distr |
| 16 | | ibutor, or
dispenser other than the person who in fact man |
| 17 | | ufactured, distributed,
or dispensed the subs |
| 18 | | tance.
(h) "Deliver" or "delivery" mean |
| 19 | | s the actual, constructive or
attempted transfer of possession |
| 20 | | of a controlled substance, with or
without consideration, |
| 21 | | whether or not there is an agency relationship.
"Deliver" or " |
| 22 | | delivery" does not include
the donation of drugs to the extent permitted |
| 23 | |
under the Illinois Drug Reuse Opportunity Progra |
| 24 | | m Act.
(i) "Department" means the Il |
| 25 | | linois Department of Human Services (as
successor to the De |
| 26 | | partment of Alcoholism and Substance Abuse) or its successor a |
|
| | HB5501 | - 2316 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | gency.
(j) (B |
| 2 | | lank).
(k) "Department of Correction |
| 3 | | s" means the Department of Corrections
of the State of Illinois or its successor a |
| 4 | | gency.
(l) "Department of Financial an |
| 5 | | d Professional Regulation" means the Department
of Financial a |
| 6 | | nd Professional Regulation of the State of Illinois or its successor a |
| 7 | | gency.
(m) "Depressant" means any drug |
| 8 | | that (i) causes an overall depression of central nervous sys |
| 9 | | tem functions, (ii) causes impaired consciousness and aw |
| 10 | | areness, and (iii) can be habit-forming or lead to a substance abuse problem, inc |
| 11 | | luding, but not limited to, alcoho |
| 12 | | l, cannabis and its active principles and their analogs, |
| 13 | | benzodiazepines and their analogs, barbiturates and their ana |
| 14 | | logs, opioids (natural and synthetic) and their analogs, and c |
| 15 | | hloral hydrate and similar sedative hypnotic |
| 16 | | s.
(n) (B |
| 17 | | lank).
(o) "Director" means the Direc |
| 18 | | tor of the Illinois State Police or his or her designated a |
| 19 | | gents.
(p) "Dispense" means to deliver |
| 20 | | a controlled substance to an
ultimate user or research sub |
| 21 | | ject by or pursuant to the lawful order of
a prescriber, |
| 22 | | including the prescribing, administering, packaging,
labeling |
| 23 | | , or compounding necessary to prepare the substance for that
del |
| 24 | | ivery.
(q) "Dispenser" means a practitioner who disp |
| 25 | | enses.
(r) "Distribute" means |
| 26 | | to deliver, other than by administering or
dispensing, a controlled subs |
|
| | HB5501 | - 2317 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | tance.
(s) "Distributor" means a person who distri |
| 2 | | butes.
(t) "Drug" means (1) substances |
| 3 | | recognized as drugs in the official
United States Pharmacop |
| 4 | | oeia, Official Homeopathic Pharmacopoeia of the
United St |
| 5 | | ates, or official National Formulary, or any supplement to a |
| 6 | | ny
of them; (2) substances intended for use in diagnosis, cure, |
| 7 | | mitigation,
treatment, or prevention of disease in man or anim |
| 8 | | als; (3) substances
(other than food) intended to affect the st |
| 9 | | ructure of any function of
the body of man or animals and (4) s |
| 10 | | ubstances intended for use as a
component of any article specif |
| 11 | | ied in clause (1), (2), or (3) of this
subsection. It does no |
| 12 | | t include devices or their components, parts, or
access |
| 13 | | ories.
(t-3) "Electronic health |
| 14 | | record" or "EHR" means an electronic record of health-related information on an individual that is created, gather |
| 16 | | ed, managed, and consulted by authorized health care clinicians and |
| 17 | | staff. (t-3.5) "Electronic health reco |
| 18 | | rd system" or "EHR system" means any computer-based system o |
| 19 | | r combination of federally certified Health IT Modules (define |
| 20 | | d at 42 CFR 170.102 or its successor) used as a repository for |
| 21 | | electronic health records and accessed or updated by |
| 22 | | a prescriber or authorized surrogate in the ordinary co |
| 23 | | urse of his or her medical practice. For purposes of conn |
| 24 | | ecting to the Prescription Information Library maintained by |
| 25 | | the Bureau of Pharmacy and Clinical Support Systems or its su |
| 26 | | ccessor, an EHR system may connect to the Prescription Infor |
|
| | HB5501 | - 2318 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | mation Library directly or through all or part of a computer p |
| 2 | | rogram or system that is a federally certified Health IT Mo |
| 3 | | dule maintained by a third party and used by the EHR syst |
| 4 | | em to secure access to the d |
| 5 | | atabase. (t-4) "Emergency medical s |
| 6 | | ervices personnel" has the meaning ascribed to it in the Emerge |
| 7 | | ncy Medical Services (EMS) Syst |
| 8 | | ems Act. (t-5) "Euthanasia agency" means
|
| 9 | | an entity certified by the Department of Financial and Profe |
| 10 | | ssional Regulation for the
purpose of animal euthanasia th |
| 11 | | at holds an animal control facility license or
animal
shelte |
| 12 | | r license under the Animal Welfare Act. A euthanasia agency |
| 13 | | is
authorized to purchase, store, possess, and utilize S |
| 14 | | chedule II nonnarcotic and
Schedule III nonnarcotic drugs for |
| 15 | | the sole purpose of animal eutha |
| 16 | | nasia.
(t-10) "Euthanasia drugs" mea |
| 17 | | ns Schedule II or Schedule III substances
(nonnarcotic contr |
| 18 | | olled substances) that are used by a euthanasia agency |
| 19 | | for
the purpose of animal eutha |
| 20 | | nasia.
(u) "Good faith" means the pres |
| 21 | | cribing or dispensing of a controlled
substance by a practiti |
| 22 | | oner in the regular course of professional
treatment to or for a |
| 23 | | ny person who is under his or her treatment for a
pathology or |
| 24 | | condition other than that individual's physical or
psycho |
| 25 | | logical dependence upon or addiction to a controlled sub |
| 26 | | stance,
except as provided herein: and application of the term |
|
| | HB5501 | - 2319 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to a pharmacist
shall mean the dispensing of a controlled |
| 2 | | substance pursuant to the
prescriber's order which in the pr |
| 3 | | ofessional judgment of the pharmacist
is lawful. The pha |
| 4 | | rmacist shall be guided by accepted professional
standards, |
| 5 | | including, but not limited to, the following, in making the
judgment:
(1) lack of consistency of |
| 7 | | prescriber-patient relationship,
(2) frequency of prescrip |
| 9 | | tions for same drug by one prescriber for
large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages (rec |
| 12 | | ognizing that there may be clinical circumstances where m |
| 13 | | ore or less than the usual dose may be used legitimately),
(5) unusual geographic |
| 15 | | distances between patient, pharmacist and
prescriber,
(6) consistent prescribing of habit-forming |
| 17 | | drugs.
(u-0.5) "Hallucinogen" means a |
| 18 | | drug that causes markedly altered sensory perception leadin |
| 19 | | g to hallucinations of an |
| 20 | | y type. (u-1) "Home infusion services" |
| 21 | | means services provided by a pharmacy in
compounding solutions |
| 22 | | for direct administration to a patient in a private
residence, long |
| 23 | | -term care facility, or hospice setting by means o |
| 24 | | f parenteral,
intravenous, intramuscular, subcutaneous, or intraspinal inf |
| 25 | | usion.
(u-5) "Illinois State Police |
| 26 | | " means the Illinois State
Police or its successor |
|
| | HB5501 | - 2320 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | agency. (v) "Immediate precursor" means a substance:
(1) which the Department h |
| 3 | | as found to be and by rule designated as
being a principal |
| 4 | | compound used, or produced primarily for use, in the
m |
| 5 | | anufacture of a controlled substance;
(2) which is an immediate |
| 7 | | chemical intermediary used or likely to
be used in the manu |
| 8 | | facture of such controlled substance; and
(3) the control of whic |
| 10 | | h is necessary to prevent, curtail or limit
the manu |
| 11 | | facture of such controlled subs |
| 12 | | tance.
(w) "Instructional activities" m |
| 13 | | eans the acts of teaching, educating
or instructing by prac |
| 14 | | titioners using controlled substances within
educational facili |
| 15 | | ties approved by the State Board of Education or
its successor a |
| 16 | | gency.
(x) "Local authorities" mea |
| 17 | | ns a duly organized State, County or
Municipal peace unit or police |
| 18 | | force.
(y) "Look-alike substance" means |
| 19 | | a substance, other than a controlled
substance which |
| 20 | | (1) by overall dosage unit appearance, including shape,
col |
| 21 | | or, size, markings or lack thereof, taste, consistency, or any |
| 22 | | other
identifying physical characteristic of the substanc |
| 23 | | e, would lead a reasonable
person to believe that the |
| 24 | | substance is a controlled substance, or (2) is
expressly or i |
| 25 | | mpliedly represented to be a controlled substance or is
distr |
| 26 | | ibuted under circumstances which would lead a reasonable |
|
| | HB5501 | - 2322 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | nces by persons authorized to dispense and
distribute contro |
| 2 | | lled substances under this Act, provided that such action
wou |
| 3 | | ld be deemed to be carried out in good faith under subsec |
| 4 | | tion (u) if the
substances involved were controlled subst |
| 5 | | ances.
Nothing in this subsection (y |
| 6 | | ) or in this Act prohibits the manufacture,
preparation, |
| 7 | | propagation, compounding, processing, packaging, advertising |
| 8 | |
or distribution of a drug or drugs by any person registered |
| 9 | | pursuant to
Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. |
| 10 | | 360).
(y-1) "Mail-order pharmacy |
| 11 | | " means a pharmacy that is located in a state
of the Un |
| 12 | | ited States that delivers, dispenses or
distributes, throug |
| 13 | | h the United States Postal Service or other common
carrier, |
| 14 | | to Illinois residents, any substance which requires a prescri |
| 15 | | ption.
(z) "Manufacture" means th |
| 16 | | e production, preparation, propagation,
compounding, con |
| 17 | | version or processing of a controlled substance other th |
| 18 | | an methamphetamine, either
directly or indirectly, by ext |
| 19 | | raction from substances of natural origin,
or independ |
| 20 | | ently by means of chemical synthesis, or by a combination |
| 21 | | of
extraction and chemical synthesis, and includes any packa |
| 22 | | ging or
repackaging of the substance or labeling of its contai |
| 23 | | ner, except that
this term does not include:
(1) by an ultimat |
| 25 | | e user, the preparation or compounding of a
controlled su |
| 26 | | bstance for his or her own use;
(2) by a practitioner, or h |
| 2 | | is or her authorized agent under his or her
sup |
| 3 | | ervision, the preparation, compounding, packaging, o |
| 4 | | r labeling of a
controlled substance:
(a) as an incident to h |
| 6 | | is or her administering or dispensing of a
controlled |
| 7 | | substance in the course of his or her professional practice; or
(b) as an incident to la |
| 9 | | wful research, teaching or chemical
analysis and not for sale; or
(3) the packaging, repacka |
| 11 | | ging, or labeling of
drugs only to the extent permitted und |
| 12 | | er the
Illinois Drug Reuse Opportunity Progra |
| 13 | | m Act.
(z-1) (Bl |
| 14 | | ank).
(z-5) "Medication shopping" me |
| 15 | | ans the conduct prohibited under subsection (a) of Section 314.5 of t |
| 16 | | his Act. (z-10) "Mid-level practitio |
| 17 | | ner" means (i) a physician assistant who has been delega |
| 18 | | ted authority to prescribe through a written delegation o |
| 19 | | f authority by a physician licensed to practice medicine |
| 20 | | in all of its branches, in accordance with Section 7.5 |
| 21 | | of the Physician Assistant Practice Act of 1987, (ii) an ad |
| 22 | | vanced practice registered nurse who has been delegated author |
| 23 | | ity to prescribe through a written delegation of authority |
| 24 | | by a physician licensed to practice medicine in all of its |
| 25 | | branches or by a podiatric physician, in accordance with Sectio |
| 26 | | n 65-40 of the Nurse Practice Act, (iii) an advanced |
|
| | HB5501 | - 2324 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | practice registered nurse certified as a nurse practitioner, |
| 2 | | nurse midwife, or clinical nurse specialist who has been gran |
| 3 | | ted authority to prescribe by a hospital affiliate in accordance w |
| 4 | | ith Section 65-45 of the Nurse Practice Act, (iv) an an |
| 5 | | imal euthanasia agency, or (v) a prescribing psycho |
| 6 | | logist. (aa) "Narcotic drug" means any |
| 7 | | of the following, whether produced
directly or indirectly by |
| 8 | | extraction from substances of vegetable origin,
or independ |
| 9 | | ently by means of chemical synthesis, or by a combination |
| 10 | | of
extraction and chemical synthesis:
(1) opium, opiates, derivat |
| 12 | | ives of opium and opiates, including their isomers, esters |
| 13 | | , ethers, salts, and salts of isomers, esters, and ethers, |
| 14 | | whenever the existence of such isomers, esters, ethers, an |
| 15 | | d salts is possible within the specific chemical des |
| 16 | | ignation; however the term "narcotic drug" does no |
| 17 | | t include the isoquinoline alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except c |
| 21 | | oca leaves and extracts of coca leaves from which substa |
| 22 | | ntially all of the cocaine and ecgonine, and their isome |
| 23 | | rs, derivatives and salts, have been removed;
(5) cocaine, its salts, opti |
| 25 | | cal and geometric isomers, and salts of isomers; (6) ecgonine, its derivati |
|
| | HB5501 | - 2325 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ves, their salts, isomers, and salts of isomers; (7) any compound, mix |
| 3 | | ture, or preparation which contains any quantity of any of |
| 4 | | the substances referred to in subparagraphs (1) throu |
| 5 | | gh (6). (bb) "Nurse" means a registere |
| 6 | | d nurse licensed under the
Nurse Practic |
| 7 | | e Act.
(cc) (B |
| 8 | | lank).
(dd) "Opiate" means any sub |
| 9 | | stance having an addiction forming or
addiction sustaining lia |
| 10 | | bility similar to morphine or being capable of
conversion in |
| 11 | | to a drug having addiction forming or addiction sustaining
liab |
| 12 | | ility.
(ee) "Opium poppy" means the pl |
| 13 | | ant of the species Papaver
somniferum L., except its |
| 14 | | seeds.
(ee-5) "Oral dosage" means a t |
| 15 | | ablet, capsule, elixir, or solution or other liquid form |
| 16 | | of medication intended for administration by mouth, but the te |
| 17 | | rm does not include a form of medication intended for buccal, s |
| 18 | | ublingual, or transmucosal administ |
| 19 | | ration. (ff) "Parole and Pardon Board" m |
| 20 | | eans the Parole and Pardon Board of
the State of Illinois or its successor a |
| 21 | | gency.
(gg) "Person" means an |
| 22 | | y individual, corporation, mail-order pharmacy,
government or g |
| 23 | | overnmental subdivision or agency, business trust, est |
| 24 | | ate,
trust, partnership or association, or any other e |
| 25 | | ntity.
(hh) "Pharmacist" means any per |
| 26 | | son who holds a license or certificate of
registration as |
|
| | HB5501 | - 2326 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a registered pharmacist, a local registered pharmacist |
| 2 | |
or a registered assistant pharmacist under the Pharmacy Practic |
| 3 | | e Act.
(ii) "Pharmacy" means any sto |
| 4 | | re, ship or other place in which
pharmacy is authorized |
| 5 | | to be practiced under the Pharmacy Practic |
| 6 | | e Act.
(ii-5) "Pharmacy shopping" me |
| 7 | | ans the conduct prohibited under subsection (b) of Section 314.5 of t |
| 8 | | his Act. (ii-10) "Physician" (except |
| 9 | | when the context otherwise requires) means a person licensed t |
| 10 | | o practice medicine in all of its br |
| 11 | | anches. (jj) "Poppy straw" means all p |
| 12 | | arts, except the seeds, of the opium
poppy, after m |
| 13 | | owing.
(kk) "Practitioner" means a phys |
| 14 | | ician licensed to practice medicine in all
its branches, denti |
| 15 | | st, optometrist, podiatric physician,
veterinarian, scientific |
| 16 | | investigator, pharmacist, physician assistant,
advanced |
| 17 | | practice registered nurse,
licensed practical
nurse, registere |
| 18 | | d nurse, emergency medical services personnel, hospital, l |
| 19 | | aboratory, or pharmacy, or other
person licensed, registe |
| 20 | | red, or otherwise lawfully permitted by the
United States or |
| 21 | | this State to distribute, dispense, conduct research
with res |
| 22 | | pect to, administer or use in teaching or chemical analysis, |
| 23 | | a
controlled substance in the course of professional practice or res |
| 24 | | earch.
(ll) "Pre-printed pre |
| 25 | | scription" means a written prescription upon which
the designat |
| 26 | | ed drug has been indicated prior to the time of issuance; the ter |
|
| | HB5501 | - 2327 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | m does not mean a written prescription that is individuall |
| 2 | | y generated by machine or computer in the prescriber's o |
| 3 | | ffice.
(mm) "Prescriber" means a phys |
| 4 | | ician licensed to practice medicine in all
its branc |
| 5 | | hes, dentist, optometrist, prescribing psychologist license |
| 6 | | d under Section 4.2 of the Clinical Psychologist Licen |
| 7 | | sing Act with prescriptive authority delegated under S |
| 8 | | ection 4.3 of the Clinical Psychologist Licensing Ac |
| 9 | | t, podiatric physician, or
veterinarian who issues a prescript |
| 10 | | ion, a physician assistant who
issues a
prescription for |
| 11 | | a controlled substance
in accordance
with Section 303.05, a |
| 12 | | written delegation, and a written collaborative agreement req |
| 13 | | uired under Section 7.5
of the
Physician Assistant Practic |
| 14 | | e Act of 1987, an advanced practice registered
nurse w |
| 15 | | ith prescriptive authority delegated under Section 65-40 of the |
| 16 | | Nurse Practice Act and in accordance with Section 303.05, a |
| 17 | | written delegation,
and a written
collaborative agreement under |
| 18 | | Section 65-35 of the Nurse Practice Act, an advanced |
| 19 | | practice registered nurse certified as a nurse practitioner, |
| 20 | | nurse midwife, or clinical nurse specialist who has been gran |
| 21 | | ted authority to prescribe by a hospital affiliate in accordance w |
| 22 | | ith Section 65-45 of the Nurse Practice Act and in accor |
| 23 | | dance with Section 303.05, or an advanced practice registered |
| 24 | | nurse certified as a nurse practitioner, nurse midwife, or cli |
| 25 | | nical nurse specialist who has full practice authority pursuant to |
| 26 | | Section 65-43 of the Nurse Practic |
|
| | HB5501 | - 2328 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | e Act.
(nn) "Prescription" means a wr |
| 2 | | itten, facsimile, or oral order, or an electronic order tha |
| 3 | | t complies with applicable federal requirements,
of
a phys |
| 4 | | ician licensed to practice medicine in all its branches,
denti |
| 5 | | st, podiatric physician or veterinarian for any controlled
su |
| 6 | | bstance, of an optometrist in accordance with Section 15.1 |
| 7 | | of the Illinois Optometric Practice Act of 1987, of a prescri |
| 8 | | bing psychologist licensed under Section 4.2 of the Clinical |
| 9 | | Psychologist Licensing Act with prescriptive authority delegate |
| 10 | | d under Section 4.3 of the Clinical Psychologist Licensing Act |
| 11 | | , of a physician assistant for a
controlled substance
in accor |
| 12 | | dance with Section 303.05, a written delegation, and a writt |
| 13 | | en collaborative agreement required under
Section 7.5 of the
Ph |
| 14 | | ysician Assistant Practice Act of 1987, of an advanced prac |
| 15 | | tice registered
nurse with prescriptive authority delegated under |
| 16 | | Section 65-40 of the Nurse Practice Act who issues a pre |
| 17 | | scription for a
controlled substance in accordance
with |
| 18 | |
Section 303.05, a written delegation, and a written col |
| 19 | | laborative agreement under Section 65-35 of the Nurse Pr |
| 20 | | actice Act, of an advanced practice registered nurse certifie |
| 21 | | d as a nurse practitioner, nurse midwife, or clinical nur |
| 22 | | se specialist who has been granted authority to prescribe |
| 23 | | by a hospital affiliate in accordance with Section 65-45 of the |
| 24 | | Nurse Practice Act and in accordance with Section 303.05 when |
| 25 | | required by law, or of an advanced practice registered |
| 26 | | nurse certified as a nurse practitioner, nurse midwife, or cli |
|
| | HB5501 | - 2329 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | nical nurse specialist who has full practice authority pursuant to |
| 2 | | Section 65-43 of the Nurse Practic |
| 3 | | e Act.
(nn-5) "Prescription Informati |
| 4 | | on Library" (PIL) means an electronic library that contains rep |
| 5 | | orted controlled substan |
| 6 | | ce data. (nn-10) "Prescription Monitorin |
| 7 | | g Program" (PMP) means the entity that collects, tracks, a |
| 8 | | nd stores reported data on controlled substances and select |
| 9 | | drugs pursuant to Secti |
| 10 | | on 316. (oo) "Production" or "p |
| 11 | | roduce" means manufacture, planting,
cultivating, growing, or |
| 12 | | harvesting of a controlled substance other than methamphet |
| 13 | | amine.
(pp) "Registrant" means every |
| 14 | | person who is required to register
under Section 302 of thi |
| 15 | | s Act.
(qq) "Registry number" means t |
| 16 | | he number assigned to each person
authorized to handle contr |
| 17 | | olled substances under the laws of the United
States and of this |
| 18 | | State.
(qq-5) "Secretary" means, as th |
| 19 | | e context requires, either the Secretary of the Departme |
| 20 | | nt or the Secretary of the Department of Financial and Profes |
| 21 | | sional Regulation, and the Secretary's designated |
| 22 | | agents. (rr) "State" includes the State |
| 23 | | of Illinois and any state, district,
commonwealth, territory, i |
| 24 | | nsular possession thereof, and any area
subject to the leg |
| 25 | | al authority of the United States of Am |
| 26 | | erica.
(rr-5) "Stimulant" means a |
|
| | HB5501 | - 2330 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ny drug that (i) causes an overall excitation of central nervo |
| 2 | | us system functions, (ii) causes impaired consciousness and a |
| 3 | | wareness, and (iii) can be habit-forming or lead to a substance abuse problem, inc |
| 4 | | luding, but not limited to, amphe |
| 5 | | tamines and their analogs, methylphenidate and its analogs, |
| 6 | | cocaine, and phencyclidine and its a |
| 7 | | nalogs. (rr-10) "Synthetic drug" includ |
| 8 | | es, but is not limited to, any synthetic cannabinoids or pip |
| 9 | | erazines or any synthetic cathinones as provided for in Sche |
| 10 | | dule I. (ss) "Ultimate user" means a per |
| 11 | | son who lawfully possesses a
controlled substance for his or her |
| 12 | | own use or for the use of a member of his or her
household |
| 13 | | or for administering to an animal owned by him or her or |
| 14 | | by a member
of his or her |
| 15 | | household.
(Source: P.A. 101-666, eff. 1-1-22; 102-389 |
| 16 | | , eff. 1-1-22; 102-538, eff. 8-20-21; revised 9-22-21.)
(720 ILCS 570/316)
Sec. 316. Prescription Monitoring Program. (a) The Department must |
| 20 | | provide for a
Prescription Monitoring Program for Schedule II, |
| 21 | | III, IV, and V controlled substances that includes th |
| 22 | | e following components and requirements:
(1) The
dispenser mu |
| 24 | | st transmit to the
central repository, in a form a |
| 25 | | nd manner specified by the Department, the following information:
(A) The recipient's name and address.
(B) The recipient's date of birth and gender.
(C) The nation |
| 4 | | al drug code number of the controlled
substance
dispensed.
(D) The date t |
| 6 | | he controlled substance is dispensed.
(E) The quantity o |
| 8 | | f the controlled substance dispensed and days supply.
(F) The dispenser's Unit |
| 10 | | ed States Drug Enforcement Administration
registration number.
(G) The presc |
| 12 | | riber's United States Drug Enforcement Administration
registration number.
(H) The date |
| 14 | | s the controlled substance prescription is filled. (I) The payment |
| 16 | | type used to purchase the controlled substance (i.e. M |
| 17 | | edicaid, cash, third party insurance). (J) The patient location c |
| 19 | | ode (i.e. home, nursing home, outpatient, etc.) for the c |
| 20 | | ontrolled substances other than those filled at a retail pharmacy. (K) Any addition |
| 22 | | al information that may be required by the departme |
| 23 | | nt by administrative rule, including but not limited to |
| 24 | | information required for compliance with the criteri |
| 25 | | a for electronic reporting of the American Society for |
| 26 | | Automation and Pharmacy or its successor. (2) The information requir |
| 2 | | ed to be transmitted under this Section must be
transmitted |
| 3 | | not later than the end of the business day on which |
| 4 | | a
controlled substance is dispensed, or at such other time |
| 5 | | as may be required by the Department by administrative rule.
(3) A dispenser must transmi |
| 7 | | t the information required under this Section
by:
(3.5) The requirements of par |
| 9 | | agraphs (1), (2), and (3)
of this subsection also apply to |
| 10 | | opioid treatment programs that are
licensed or certified |
| 11 | | by the Department of Human Services'
Division of Su |
| 12 | | bstance Use Prevention and Recovery and are
auth |
| 13 | | orized by the federal Drug Enforcement Administration to
p |
| 14 | | rescribe Schedule II, III, IV, or V controlled substances fo |
| 15 | | r
the treatment of opioid use disorders. Opioid treatment
|
| 16 | | programs shall attempt to obtain written patient consent, |
| 17 | | shall document attempts to obtain the written conse |
| 18 | | nt, and shall not transmit information without patie |
| 19 | | nt
consent. Documentation obtained under this paragraph |
| 20 | | shall not be utilized for law
enforcement purposes, as prosc |
| 21 | | ribed under 42 CFR 2,
as amended by 42 U.S.C. 290dd-2. Tr |
| 22 | | eatment of a patient
shall not be conditioned upon his or her written consent. (A) an electronic |
| 24 | | device compatible with the receiving device of the
central repository;
(B) a computer diskette;
(C) a magnetic tape; or
(D) a pharmacy univer |
| 2 | | sal claim form or Pharmacy Inventory Control form.
(3.5) The requirements of par |
| 4 | | agraphs (1), (2), and (3)
of this subsection also apply to |
| 5 | | opioid treatment programs that are
licensed or certified |
| 6 | | by the Department of Human Services'
Division of Su |
| 7 | | bstance Use Prevention and Recovery and are
auth |
| 8 | | orized by the federal Drug Enforcement Administration to
p |
| 9 | | rescribe Schedule II, III, IV, or V controlled substances fo |
| 10 | | r
the treatment of opioid use disorders. Opioid treatment
|
| 11 | | programs shall attempt to obtain written patient consent, |
| 12 | | shall document attempts to obtain the written conse |
| 13 | | nt, and shall not transmit information without patie |
| 14 | | nt
consent. Documentation obtained under this paragraph |
| 15 | | shall not be utilized for law
enforcement purposes, as prosc |
| 16 | | ribed under 42 CFR 2,
as amended by 42 U.S.C. 290dd-2. Tr |
| 17 | | eatment of a patient
shall not be conditioned upon his or her written consent. (4) The Department may im |
| 19 | | pose a civil fine of up to $100 per day for willful fa |
| 20 | | ilure to report controlled substance dispensing to t |
| 21 | | he Prescription Monitoring Program. The fine shall be calc |
| 22 | | ulated on no more than the number of days from the time the |
| 23 | | report was required to be made until the time the problem |
| 24 | | was resolved, and shall be payable to the Prescription Monitoring Pr |
| 25 | | ogram.
(a-5) Notwithstanding |
| 26 | | subsection (a), a licensed veterinarian is exempt from the repo |
|
| | HB5501 | - 2334 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rting requirements of this Section. If a person who is presenti |
| 2 | | ng an animal for treatment is suspected of fraudulentl |
| 3 | | y obtaining any controlled substance or prescription for a |
| 4 | | controlled substance, the licensed veterinarian shall repo |
| 5 | | rt that information to the local law enforcement |
| 6 | | agency. (b) The Department, b |
| 7 | | y rule, may include in the Prescription Monitoring Program |
| 8 | | certain other select drugs that are not included in Sched |
| 9 | | ule II, III, IV, or V. The Prescription Monitoring Program doe |
| 10 | | s not apply to
controlled substance prescriptions as exempted under Secti |
| 11 | | on
313.
(c) The collection of data on |
| 12 | | select drugs and scheduled substances by the Prescription Moni |
| 13 | | toring Program may be used as a tool for addressing oversight requi |
| 14 | | rements of long-term care institutions as set forth by |
| 15 | | Public Act 96-1372. Long-term care pharmacies shall t |
| 16 | | ransmit patient medication profiles to the Prescription Mon |
| 17 | | itoring Program monthly or more frequently as established by administrativ |
| 18 | | e rule. (d) The Department of Huma |
| 19 | | n Services shall appoint a full-time Clinical Director of t |
| 20 | | he Prescription Monitoring |
| 21 | | Program. (e) ( |
| 22 | | Blank). (f) Within one year of January 1 |
| 23 | | , 2018 (the effective date of Public Act 100-564), the De |
| 24 | | partment shall adopt rules requiring all Electronic Health Re |
| 25 | | cords Systems to interface with the Prescription Monitoring P |
| 26 | | rogram application program on or before January 1, 2021 to ensu |
|
| | HB5501 | - 2335 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | re that all providers have access to specific patient recor |
| 2 | | ds during the treatment of their patients. These rules shall a |
| 3 | | lso address the electronic integration of pharmacy rec |
| 4 | | ords with the Prescription Monitoring Program to allow for |
| 5 | | faster transmission of the information required under this Sec |
| 6 | | tion. The Department shall establish actions to be taken if |
| 7 | | a prescriber's Electronic Health Records System does not effe |
| 8 | | ctively interface with the Prescription Monitoring Program within the required t |
| 9 | | imeline. (g) The Department, in consulta |
| 10 | | tion with the Prescription Monitoring Program Advisory Co |
| 11 | | mmittee, shall adopt rules allowing licensed prescribe |
| 12 | | rs or pharmacists who have registered to access the Prescrip |
| 13 | | tion Monitoring Program to authorize a licensed or non-licensed |
| 14 | | designee employed in that licensed prescriber's office o |
| 15 | | r a licensed designee in a licensed pharmacist's pharmacy wh |
| 16 | | o has received training in the federal Health Insurance Port |
| 17 | | ability and Accountability Act and 42 CFR 2 to consult t |
| 18 | | he Prescription Monitoring Program on their behalf. The rule |
| 19 | | s shall include reasonable parameters concerning a practitione |
| 20 | | r's authority to authorize a designee, and the eligibility of a |
| 21 | | person to be selected as a designee. In this subsection (g), "p |
| 22 | | harmacist" shall include a clinical pharmacist employed by an |
| 23 | | d designated by a Medicaid Managed Care Organization providin |
| 24 | | g services under Article V of the Illinois Public Aid Code |
| 25 | | under a contract with the Department of Healthcare and Fa |
| 26 | | mily Services for the sole purpose of clinical review of se |
|
| | HB5501 | - 2336 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rvices provided to persons covered by the entity under |
| 2 | | the contract to determine compliance with subsections (a) a |
| 3 | | nd (b) of Section 314.5 of this Act. A managed care enti |
| 4 | | ty pharmacist shall notify prescribers of review |
| 5 | | activities.(Source: P.A. 101-81, eff. 7-12-19; 101-414, |
| 6 | | eff. 8-16-19; 102-527, eff. 8-20-21; revised 11-24-21.)
Section 620. The Prevention |
| 8 | | of Tobacco Use by
Persons under 21 Years of Age and Sale a |
| 9 | | nd Distribution of Tobacco Products Act is amended by changing Section 1 as follows:
(720 ILCS 675/1) (from Ch. 23, par. 2357)
Sec. 1. Prohibition on |
| 12 | | sale of tobacco products, electronic cigarettes, and altern |
| 13 | | ative nicotine products to persons under 21 years of age; prohi |
| 14 | | bition on the distribution of tobacco product samples, electro |
| 15 | | nic cigarette samples, and alternative nicotine product sam |
| 16 | | ples to any person; use of identification cards; vendin |
| 17 | | g machines; lunch
wagons; out-of-package sales.
(a) No person shall sell, buy
|
| 19 | | for, distribute samples of or furnish any tobacco product |
| 20 | | , electronic cigarette, or alternative nicotine product to an |
| 21 | | y person under 21 years |
| 22 | | of age. (a-5) No person under 16 years o |
| 23 | | f
age may sell any tobacco product, electronic cigarette, or al |
| 24 | | ternative nicotine product at a retail
establishment selling to |
|
| | HB5501 | - 2337 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | bacco products, electronic
cigarettes, or alternative nicotine |
| 2 | | products. This subsection does not apply
to a sales clerk in a f |
| 3 | | amily-owned business which can prove that the sales |
| 4 | |
clerk
is in fact a son or daughter of the |
| 5 | | owner.
(a-5.1) Before selling, off |
| 6 | | ering for sale, giving, or
furnishing a tobacco product |
| 7 | | , electronic cigarette, or alternative nicotine product to
|
| 8 | | another person, the person selling, offering for sale, giving, |
| 9 | |
or furnishing the tobacco product, electronic cigarette, or al |
| 10 | | ternative nicotine product shall
verify that the person is at least 21 years of age by: (1) examining from any perso |
| 12 | | n that appears to be under
30 years of age a government |
| 13 | | -issued photographic
identification that establishes |
| 14 | | the person to be 21 years
of age or older; or (2) for sales of to |
| 16 | | bacco products, electronic cigarettes, or alternative nico |
| 17 | | tine products made through the
Internet or other remote sa |
| 18 | | les methods, performing an age
verification through an in |
| 19 | | dependent, third party age
verification service that comp |
| 20 | | ares information available
from public records to the perso |
| 21 | | nal information entered by
the person during the orderin |
| 22 | | g process that establishes the
person is 21 years of age or |
| 23 | | older. (a-6) No person under 21 years of |
| 24 | | age in the furtherance or facilitation of obtaining any t |
| 25 | | obacco product,
electronic cigarette, or alternative nicotin |
| 26 | | e product shall display or use a false or forged identificatio |
|
| | HB5501 | - 2338 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | n card or transfer, alter, or deface an identificatio |
| 2 | | n card.
(a-7) |
| 3 | | (Blank). (a-8) A person shall not distribu |
| 4 | | te without charge samples of any tobacco product, altern |
| 5 | | ative nicotine product, or electronic cigarette to any other |
| 6 | | person, regardless of age, except for smokeless tobacco in an adult-only facility. This subsection (a-8) does not |
| 8 | | apply to the distribution of a tobacco product, electronic |
| 9 | | cigarette, or alternative nicotine product sample in any adult-only fa |
| 10 | | cility. (a-9) For the purpose of this Section: "Adult-only facility" means |
| 12 | | a facility or restricted area (whether open-air or en |
| 13 | | closed) where the operator ensures or has a reasonable ba |
| 14 | | sis to believe (such as by checking identification as requi |
| 15 | | red under State law, or by checking the identification of |
| 16 | | any person appearing to be under the age of 30) that no |
| 17 | | person under legal age is present. A facility or r |
| 18 | | estricted area need not be permanently restricted to person |
| 19 | | s under 21 years of age to constitute an adult-only fa |
| 20 | | cility, provided that the operator ensures or has a reason |
| 21 | | able basis to believe that no person under 21 years of age i |
| 22 | | s present during the event or time period in question. "Alternative nicotine p |
| 24 | | roduct" means a product or device not consisting of |
| 25 | | or containing tobacco that provides for the ingestion |
| 26 | | into the body of nicotine, whether by chewing, smoki |
|
| | HB5501 | - 2339 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ng, absorbing, dissolving, inhaling, snorting, sniffi |
| 2 | | ng, or by any other means. "Alternative nicotine |
| 3 | | product" does not include: cigarettes as defined in Sect |
| 4 | | ion 1 of the Cigarette Tax Act and tobacco products as defined in |
| 5 | | Section 10-5 of the Tobacco Products Tax Act of |
| 6 | | 1995; tobacco product and electronic cigarette as defin |
| 7 | | ed in this Section; or any product approved by the U |
| 8 | | nited States Food and Drug Administration for sale as a tob |
| 9 | | acco cessation product, as a tobacco dependence pro |
| 10 | | duct, or for other medical purposes, and is being markete |
| 11 | | d and sold solely for that approved purpose. "Electronic cigarette" means: (1) any device that |
| 14 | | employs a battery or other
mechanism to heat a solution |
| 15 | | or substance to produce a
vapor or aerosol intended for inhalation; (2) any cartridge or |
| 17 | | container of a solution or
substance intended to be use |
| 18 | | d with or in the device or to
refill the device; or (3) any solution or su |
| 20 | | bstance, whether or not it
contains nicotine intended for use in the device.
"Electronic cigarette" in |
| 22 | | cludes, but is not limited to, any
electronic nicotine d |
| 23 | | elivery system, electronic cigar,
electronic cigarillo, e |
| 24 | | lectronic pipe, electronic hookah,
vape pen, or simi |
| 25 | | lar product or device, any components
or parts that can be |
| 26 | | used to build the product or device, and any componen |
|
| | HB5501 | - 2340 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | t, part, or accessory of a device used during the operat |
| 2 | | ion of the device, even if the part or accessory was so |
| 3 | | ld separately.
"Electronic cigarette" does not include |
| 4 | | : cigarettes as defined in
Section 1 of the Cigarette Ta |
| 5 | | x Act; tobacco product and alternative nicotine product a |
| 6 | | s defined in this Section; any product approved by the U |
| 7 | | nited States Food and Drug Administration for sale as a tob |
| 8 | | acco cessation product, as a tobacco dependence pro |
| 9 | | duct, or for other medical purposes, and is being markete |
| 10 | | d and sold solely for that approved purpose; any asth |
| 11 | | ma
inhaler prescribed by a physician for that condition |
| 12 | | and is being marketed and sold solely for that approve |
| 13 | | d purpose; any device that meets the definition of ca |
| 14 | | nnabis paraphernalia under Section 1-10 of the Cannabis |
| 15 | | Regulation and Tax Act; or any cannabis product sold by |
| 16 | | a dispensing organization pursuant to the Cannabis Reg |
| 17 | | ulation and Tax Act or the Compassionate Use of Medical Cannabis
Program Act. "Lunch wagon" means a m |
| 19 | | obile vehicle
designed and constructed to transport food a |
| 20 | | nd from which food is sold to the
general public. "Nicotine" means any form |
| 22 | | of the chemical nicotine, including any salt or complex, |
| 23 | | regardless of whether the chemical is naturally or synthetically derived.
"Tobacco product" means any |
| 25 | | product containing or made
from tobacco that is inten |
| 26 | | ded for human consumption,
whether smoked, heated, ch |
|
| | HB5501 | - 2341 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ewed, absorbed, dissolved,
inhaled, snorted, sniffed, or in |
| 2 | | gested by any other means,
including, but not limited to, |
| 3 | | cigarettes, cigars, little
cigars, chewing tobacco, pipe |
| 4 | | tobacco, snuff, snus, and any other smokeless tobacco prod |
| 5 | | uct which contains tobacco that is finely cut, ground, powd |
| 6 | | ered, or leaf and intended to be placed in the oral |
| 7 | | cavity.
"Tobacco product" includes any component, part, |
| 8 | | or
accessory of a tobacco product, whether or not sold
sep |
| 9 | | arately. "Tobacco product" does not include: an alter |
| 10 | | native nicotine product as defined in this Section; or |
| 11 | | any product
that has been approved by the United States Fo |
| 12 | | od and Drug
Administration for sale as a tobacco cessa |
| 13 | | tion product, as a tobacco dependence product, or
for othe |
| 14 | | r medical purposes, and is being marketed and sold solely for that approved p |
| 15 | | urpose. (b) Tobacco products, |
| 16 | | electronic cigarettes, and alternative nicotine products may |
| 17 | | be sold through a vending machine
only if such tobacco produc |
| 18 | | ts, electronic cigarettes, and alternative nicotine products ar |
| 19 | | e not placed together with any non-tobacco product, other th |
| 20 | | an matches, in the vending machine and the vending machine |
| 21 | | is in
any of the following locations:
(1) (Blank).
(2) Places to which persons |
| 24 | | under 21 years of age are not permitted access at any time.
(3) Places where alcoho |
| 26 | | lic beverages are sold and consumed on the
premises and ve |
|
| | HB5501 | - 2342 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | nding machine operation is under the direct supervision of the owner or manager.
(4) (Blank).
(5) (Blank).
(c) ( |
| 5 | | Blank).
(d) The sale or distribution |
| 6 | | by any person of a tobacco product as defined in this Section, including, |
| 7 | | but not limited to, a single or loose cigarette, that |
| 8 | | is not contained within a sealed container, pack, or |
| 9 | | package as provided by the manufacturer, which container, |
| 10 | | pack, or package bears the health warning required by federal law, is prohi |
| 11 | | bited.
(e) It is not a violation of this |
| 12 | | Act for a person under 21 years of age to purchase a t |
| 13 | | obacco product, electronic cigarette, or alternative nicotine p |
| 14 | | roduct if the person under the age of 21 purchases or is |
| 15 | | given the tobacco product, electronic cigarette, or alternati |
| 16 | | ve nicotine product in any of its forms from a retail s |
| 17 | | eller of tobacco products, electronic cigarettes, or alternati |
| 18 | | ve nicotine products or an employee of the retail seller pursu |
| 19 | | ant to a plan or action to investigate, patrol, or otherwise c |
| 20 | | onduct a "sting operation" or enforcement action against |
| 21 | | a retail seller of tobacco products, electronic cigarette |
| 22 | | s, or alternative nicotine products or a person employed by th |
| 23 | | e retail seller of tobacco products, electronic cigarette |
| 24 | | s, or alternative nicotine products or on any premises |
| 25 | | authorized to sell tobacco products, electronic cigarette |
| 26 | | s, or alternative nicotine products to determine if to |
|
| | HB5501 | - 2343 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | bacco products, electronic cigarettes, or alternative nicotine |
| 2 | | products are being sold or given to persons under 21 years of ag |
| 3 | | e if the "sting operation" or enforcement action is app |
| 4 | | roved by, conducted by, or conducted on behalf of the Illinoi |
| 5 | | s State Police, the county sheriff, a municipal police dep |
| 6 | | artment, the Department of Revenue, the Department of Public |
| 7 | | Health, or a local health department. The results of any stin |
| 8 | | g operation or enforcement action, including the name of the c |
| 9 | | lerk, shall be provided to the retail seller within 7 busines |
| 10 | | s days. (f) No person shall honor or ac |
| 11 | | cept any discount, coupon, or other benefit or reduction in |
| 12 | | price that is inconsistent with 21 CFR 1140, subsequent U |
| 13 | | nited States Food and Drug Administration industry guidance, |
| 14 | | or any rules adopted under 21 C |
| 15 | | FR 1140. (g) Any peace officer or dul |
| 16 | | y authorized member of the Illinois State Police, a coun |
| 17 | | ty sheriff's department, a municipal police department, the |
| 18 | | Department of Revenue, the Department of Public Health, a local |
| 19 | | health department, or the Department of Human Services, upon |
| 20 | | discovering a violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this Section or a violation of the Preven |
| 22 | | ting Youth Vaping Act, may seize any tobacco products, alterna |
| 23 | | tive nicotine products, or electronic cigarettes of the spec |
| 24 | | ific type involved in that violation that are located at t |
| 25 | | hat place of business. The tobacco products, alternative nicoti |
| 26 | | ne products, or electronic cigarettes so seized are s |
|
| | HB5501 | - 2344 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ubject to confiscation and for |
| 2 | | feiture. (h) If, within 60 days after an |
| 3 | | y seizure under subsection (g), a person having any prope |
| 4 | | rty interest in the seized property is charged with an offen |
| 5 | | se under this Section or a violation of the Preventing Youth |
| 6 | | Vaping Act, the court that renders judgment upon the charge s |
| 7 | | hall, within 30 days after the judgment, conduct a forfe |
| 8 | | iture hearing to determine whether the seized tobacco product |
| 9 | | s or electronic cigarettes were part of the inventory locate |
| 10 | | d at the place of business when a violation of subsection (a), (a-5), ( |
| 11 | | a-5.1), (a-8), (b), or (d) of this Section or a v |
| 12 | | iolation of the Preventing Youth Vaping Act occurred and |
| 13 | | whether any seized tobacco products or electronic cigarettes |
| 14 | | were of a type involved in that violation. The hearing shall |
| 15 | | be commenced by a written petition by the State, wh |
| 16 | | ich shall include material allegations of fact, the name a |
| 17 | | nd address of every person determined by the State to have an |
| 18 | | y property interest in the seized property, a representation |
| 19 | | that written notice of the date, time, and place of the hearin |
| 20 | | g has been mailed to every such person by certified mail at leas |
| 21 | | t 10 days before the date, and a request for forfeiture. Every s |
| 22 | | uch person may appear as a party and present evidence at t |
| 23 | | he hearing. The quantum of proof required shall be a preponde |
| 24 | | rance of the evidence, and the burden of proof shall be o |
| 25 | | n the State. If the court determines that the seized property |
| 26 | | was subject to forfeiture, an order of forfeiture and disposit |
|
| | HB5501 | - 2345 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ion of the seized property shall be entered and the propert |
| 2 | | y shall be received by the prosecuting office, who shall effect its dest |
| 3 | | ruction. (i) If a seizure under subsectio |
| 4 | | n (g) is not followed by a charge under subsection (a), (a-5), (a- |
| 5 | | 5.1), (a-8), (b), or (d) of this Section or under the Pr |
| 6 | | eventing Youth Vaping Act, or if the prosecution of the charge |
| 7 | | is permanently terminated or indefinitely discontinu |
| 8 | | ed without any judgment of conviction or acquittal: (1) the prosecuting office m |
| 10 | | ay commence in the circuit court an in rem proceed |
| 11 | | ing for the forfeiture and destruction of any seized toba |
| 12 | | cco products or electronic cigarettes; and (2) any person having an |
| 14 | | y property interest in the seized tobacco products or |
| 15 | | electronic cigarettes may commence separate civil proceedi |
| 16 | | ngs in the manner provided |
| 17 | | by law. (j) After the Department of Reve |
| 18 | | nue has seized any tobacco product, nicotine product, or electr |
| 19 | | onic cigarette as provided in subsection (g) and a person havin |
| 20 | | g any property interest in the seized property has not been cha |
| 21 | | rged with an offense under this Section or a violation of t |
| 22 | | he Preventing Youth Vaping Act, the Department of Reven |
| 23 | | ue must hold a hearing and determine whether the seized tob |
| 24 | | acco products, alternative nicotine products, or electronic c |
| 25 | | igarettes were part of the inventory located at the place of bu |
| 26 | | siness when a violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this Section or a violation of the P |
| 2 | | reventing Youth Vaping Act occurred and whether any seized to |
| 3 | | bacco product, alternative nicotine product, or electron |
| 4 | | ic cigarette was of a type involved in that violation. The D |
| 5 | | epartment of Revenue shall give not less than 20 days' notice of |
| 6 | | the time and place of the hearing to the owner of the proper |
| 7 | | ty, if the owner is known, and also to the person in whose p |
| 8 | | ossession the property was found if that person is known and i |
| 9 | | f the person in possession is not the owner of the property. If |
| 10 | | neither the owner nor the person in possession of the propert |
| 11 | | y is known, the Department of Revenue must cause publication of |
| 12 | | the time and place of the hearing to be made at least |
| 13 | | once each week for 3 weeks successively in a newspaper of |
| 14 | | general circulation in the county where the hearing is to b |
| 15 | | e held. If, as the result of the |
| 16 | | hearing, the Department of Revenue determines that the tob |
| 17 | | acco products, alternative nicotine products, or the electron |
| 18 | | ic cigarettes were part of the inventory located at th |
| 19 | | e place of business when a violation of subsection (a), (a-5), (a- |
| 20 | | 5.1), (a-8), (b), or (d) of this Section or a violati |
| 21 | | on of the Preventing Youth Vaping Act at the time of seizure, |
| 22 | | the Department of Revenue must enter an order declaring the to |
| 23 | | bacco product, alternative nicotine product, or electronic |
| 24 | | cigarette confiscated and forfeited to the State, to be held by |
| 25 | | the Department of Revenue for disposal by it as provided in Section |
| 26 | | 10-58 of the Tobacco Products Tax Act of 1995. The Depar |
|
| | HB5501 | - 2347 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | tment of Revenue must give notice of the order to the owner of |
| 2 | | the property, if the owner is known, and also to the pers |
| 3 | | on in whose possession the property was found if that person is |
| 4 | | known and if the person in possession is not the owner of th |
| 5 | | e property. If neither the owner nor the person in possession |
| 6 | | of the property is known, the Department of Revenue must caus |
| 7 | | e publication of the order to be made at least once each week f |
| 8 | | or 3 weeks successively in a newspaper of general circulati |
| 9 | | on in the county where the hearin |
| 10 | | g was held. (Source: P.A. 101-2, eff. 7-1-19; 102-538, |
| 11 | | eff. 8-20-21; 102-575, eff. 1-1-22; revised 10-20-21.)
Section 625. The Code of Cri |
| 13 | | minal Procedure of 1963 is amended by changing Sections 106D-1, 107-4, |
| 14 | | 109-1, 110-1, 110-3, 110-5, 112A-14, 112A-20, and 112A-23 and by renumbering Section 123 as follows:
(725 ILCS 5/106D-1)
|
| 17 | |
(Text of Section before amendment by P.A. 101-652) Sec. 106D-1. Defendant's ap |
| 19 | | pearance by closed circuit television and video conference.
(a) Whenever the appearance in |
| 21 | | person in court, in either a civil or criminal proceeding, is re |
| 22 | | quired of anyone held in a place of custody or confinement opera |
| 23 | | ted by the State or any of its political subdivisio |
| 24 | | ns, including counties and municipalities, the chief judge |
|
| | HB5501 | - 2352 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | r
State, the United States Department of Defense, or any p |
| 2 | | olice force whose members, by statute, are granted and aut |
| 3 | | horized to exercise powers similar to those conferred upon |
| 4 | | any peace officer employed by a law enforcement agency of this State.
(3) "Fresh pursuit" means |
| 6 | | the immediate pursuit of a person who is
endeavoring to avoid arrest.
(4) "Law enforcement agency |
| 8 | | " means a municipal police department or
county
sheriff's office of this |
| 9 | | State.
(a-3) Any peace officer emp |
| 10 | | loyed by a law enforcement agency of this State
may con |
| 11 | | duct temporary questioning pursuant to Section 107-14 of this Co |
| 12 | | de and
may make arrests in any jurisdiction within this St |
| 13 | | ate: (1) if the officer is
engaged in the investigation |
| 14 | | of criminal activity that occurred in the officer's
pr |
| 15 | | imary jurisdiction and the temporary questioning or arrest rela |
| 16 | | tes to, arises from, or is conducted pursuant to that in |
| 17 | | vestigation; or (2) if the officer, while on duty as a
peace o |
| 18 | | fficer, becomes personally aware of the immediate commission |
| 19 | | of a felony
or misdemeanor violation of the laws of this Sta |
| 20 | | te; or (3) if
the officer, while on duty as a peace o |
| 21 | | fficer, is requested by an
appropriate State or local law enfo |
| 22 | | rcement official to render aid or
assistance to the request |
| 23 | | ing law enforcement agency that is outside the
officer's prima |
| 24 | | ry jurisdiction; or (4) in accordance with Section 2605-580 of |
| 25 | | the Illinois State Police Law of the
Civil Administrative Code |
| 26 | | of Illinois. While acting pursuant to this subsection, an
offi |
|
| | HB5501 | - 2353 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | cer has the same authority as within his or her
own jurisd |
| 2 | | iction.
(a-7) The law enforceme |
| 3 | | nt agency of the county or municipality in which any
arrest |
| 4 | | is made under this Section shall be immediately notified of the
|
| 5 | | arrest.
(b) Any peace officer of ano |
| 6 | | ther State who enters this State in
fresh
pursuit and cont |
| 7 | | inues within this State in fresh pursuit of a person in
order t |
| 8 | | o arrest him on the ground that he has committed an offense |
| 9 | | in the
other State has the same authority to arrest and hol |
| 10 | | d the person in custody
as peace officers of this State have t |
| 11 | | o arrest and hold a person in custody
on the ground that he h |
| 12 | | as committed an offense in this |
| 13 | | State.
(c) If an arrest is made in thi |
| 14 | | s State by a peace officer of
another
State in accordance w |
| 15 | | ith the provisions of this Section he shall without
unneces |
| 16 | | sary delay take the person arrested before the circuit court |
| 17 | | of the
county in which the arrest was made. Such court shall |
| 18 | | conduct a hearing for
the purpose of determining the lawful |
| 19 | | ness of the arrest. If the court
determines that the arrest |
| 20 | | was lawful it shall commit the person arrested,
to await |
| 21 | | for a reasonable time the issuance of an extradition warra |
| 22 | | nt by
the Governor of this State, or admit him to bail for |
| 23 | | such purpose. If the
court determines that the arrest was unlaw |
| 24 | | ful it shall discharge the perso |
| 25 | | n
arrested.
(Source: P.A. 102-538, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652) Sec. 107-4. Arrest b |
| 3 | | y peace officer from other jurisdiction.
(a) As used in this Section:
(1) "State" means any Stat |
| 6 | | e of the United States and the District of
Columbia.
(2) "Peace Officer" means a |
| 8 | | ny peace officer or member of any duly
organized State, |
| 9 | | County, or Municipal peace unit, any police force of anothe |
| 10 | | r
State, the United States Department of Defense, or any p |
| 11 | | olice force whose members, by statute, are granted and aut |
| 12 | | horized to exercise powers similar to those conferred upon |
| 13 | | any peace officer employed by a law enforcement agency of this State.
(3) "Fresh pursuit" means |
| 15 | | the immediate pursuit of a person who is
endeavoring to avoid arrest.
(4) "Law enforcement agency |
| 17 | | " means a municipal police department or
county
sheriff's office of this |
| 18 | | State.
(a-3) Any peace officer emp |
| 19 | | loyed by a law enforcement agency of this State
may con |
| 20 | | duct temporary questioning pursuant to Section 107-14 of this Co |
| 21 | | de and
may make arrests in any jurisdiction within this St |
| 22 | | ate: (1) if the officer is
engaged in the investigation |
| 23 | | of criminal activity that occurred in the officer's
pr |
| 24 | | imary jurisdiction and the temporary questioning or arrest rela |
| 25 | | tes to, arises from, or is conducted pursuant to that in |
| 26 | | vestigation; or (2) if the officer, while on duty as a
peace o |
|
| | HB5501 | - 2355 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fficer, becomes personally aware of the immediate commission |
| 2 | | of a felony
or misdemeanor violation of the laws of this Sta |
| 3 | | te; or (3) if
the officer, while on duty as a peace o |
| 4 | | fficer, is requested by an
appropriate State or local law enfo |
| 5 | | rcement official to render aid or
assistance to the request |
| 6 | | ing law enforcement agency that is outside the
officer's prima |
| 7 | | ry jurisdiction; or (4) in accordance with Section 2605-580 of |
| 8 | | the Illinois State Police Law of the
Civil Administrative Code |
| 9 | | of Illinois. While acting pursuant to this subsection, an
offi |
| 10 | | cer has the same authority as within his or her
own jurisd |
| 11 | | iction.
(a-7) The law enforceme |
| 12 | | nt agency of the county or municipality in which any
arrest |
| 13 | | is made under this Section shall be immediately notified of the
|
| 14 | | arrest.
(b) Any peace officer of ano |
| 15 | | ther State who enters this State in
fresh
pursuit and cont |
| 16 | | inues within this State in fresh pursuit of a person in
order t |
| 17 | | o arrest him on the ground that he has committed an offense |
| 18 | | in the
other State has the same authority to arrest and hol |
| 19 | | d the person in custody
as peace officers of this State have t |
| 20 | | o arrest and hold a person in custody
on the ground that he h |
| 21 | | as committed an offense in this |
| 22 | | State.
(c) If an arrest is made in thi |
| 23 | | s State by a peace officer of
another
State in accordance w |
| 24 | | ith the provisions of this Section he shall without
unneces |
| 25 | | sary delay take the person arrested before the circuit court |
| 26 | | of the
county in which the arrest was made. Such court shall |
|
| | HB5501 | - 2356 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | conduct a hearing for
the purpose of determining the lawful |
| 2 | | ness of the arrest. If the court
determines that the arrest |
| 3 | | was lawful it shall commit the person arrested,
to await |
| 4 | | for a reasonable time the issuance of an extradition warra |
| 5 | | nt by
the Governor of this State, or admit him to pretrial re |
| 6 | | lease for such purpose. If the
court determines that the ar |
| 7 | | rest was unlawful it shall discharge the perso |
| 8 | | n
arrested.
(Source: P.A. 101-652, eff. 1-1-23; 102-538, |
| 9 | | eff. 8-20-21; revised 10-20-21.)
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
(Text of Section before amendment by P.A. 101-652)
Sec. 109-1. Person arrested.
(a) A person arrested with or |
| 14 | | without a warrant shall be taken without
unnecessary delay b |
| 15 | | efore the nearest and most accessible judge
in that county, ex |
| 16 | | cept when such county is a participant in a
regional jail auth |
| 17 | | ority, in which event such person may be taken to the
nearest |
| 18 | | and most accessible judge, irrespective of the county where |
| 19 | | such
judge presides,
and a charge shall be filed.
Whenever a p |
| 20 | | erson arrested either with or without a warrant is required
to |
| 21 | | be taken
before a judge, a charge
may be filed against such person |
| 22 | | by way of a two-way closed circuit
television system |
| 23 | | , except that a hearing to deny bail to the defendant may
|
| 24 | | not be conducted by way of closed circuit tele |
| 25 | | vision.
(a-5) A person charged with a |
|
| | HB5501 | - 2358 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | elease. (c) The court may issue |
| 2 | | an order of protection in accordance with
the provisions of Article 112A of thi |
| 3 | | s Code.
(d) At the initial appear |
| 4 | | ance of a defendant in any criminal proceeding, the court mu |
| 5 | | st advise the defendant in open court that any foreign n |
| 6 | | ational who is arrested or detained has the right to ha |
| 7 | | ve notice of the arrest or detention given to his |
| 8 | | or her country's consular representatives and the right |
| 9 | | to communicate with those consular representatives if the n |
| 10 | | otice has not already been provided. The court must make a wri |
| 11 | | tten record of so advising the de |
| 12 | | fendant. (e) If consular notific |
| 13 | | ation is not provided to a defendant before his or her firs |
| 14 | | t appearance in court, the court shall grant any reasonable re |
| 15 | | quest for a continuance of the proceedings to allow co |
| 16 | | ntact with the defendant's consulate. Any delay caused by the gr |
| 17 | | anting of the request by a defendant shall temporarily suspend |
| 18 | | for the time of the delay the period within which a person sh |
| 19 | | all be tried as prescribed by subsections (a), (b), or (e) of Sectio |
| 20 | | n 103-5 of this Code and on the day of the expiration |
| 21 | | of delay the period shall continue at the point at which it was |
| 22 | | suspended. (Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, eff. 1-1-18.) |
| 24 | |
(Text of Section after amendment by P.A. 101-652)
Sec. 109-1. Person arrested; re |
|
| | HB5501 | - 2359 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | lease from law enforcement custody and court appearance; geogra |
| 2 | | phical constraints prevent in-person appearances.
(a) A person arrested with o |
| 4 | | r without a warrant for an offense for which pretrial r |
| 5 | | elease may be denied under paragraphs (1) through (6) of Section 11 |
| 6 | | 0-6.1 shall be taken without
unnecessary delay b |
| 7 | | efore the nearest and most accessible judge
in that county, ex |
| 8 | | cept when such county is a participant in a
regional jail auth |
| 9 | | ority, in which event such person may be taken to the
nearest |
| 10 | | and most accessible judge, irrespective of the county where |
| 11 | | such
judge presides,
and a charge shall be filed.
Whenever a p |
| 12 | | erson arrested either with or without a warrant is required
to |
| 13 | | be taken
before a judge, a charge
may be filed against such person |
| 14 | | by way of a two-way closed circuit
television system |
| 15 | | , except that a hearing to deny pretrial release to the defenda |
| 16 | | nt may
not be conducted by way of closed circuit tele |
| 17 | | vision.
(a-1) Law enforcement shall i |
| 18 | | ssue a citation in lieu of custodial arrest, upon proper |
| 19 | | identification, for those accused of traffic and Class B |
| 20 | | and C criminal misdemeanor offenses, or of petty and busi |
| 21 | | ness offenses, who pose no obvious threat to the community or |
| 22 | | any person, or who have no obvious medical or mental health |
| 23 | | issues that pose a risk to their own safety. Those rel |
| 24 | | eased on citation shall be scheduled into court within 2 |
| 25 | | 1 days. (a-3) A person arrested with o |
| 26 | | r without a warrant for an offense for which pretrial rele |
|
| | HB5501 | - 2360 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ase may not be denied may, except as otherwise provided in thi |
| 2 | | s Code, be released by the officer without appearing bef |
| 3 | | ore a judge. The releasing officer shall issue the person a s |
| 4 | | ummons to appear within 21 days. A presumption in favor of pretrial release shall be by applied by an arresting officer in |
| 6 | | the exercise of his or her discretion under this S |
| 7 | | ection. (a-5) A person charged with a |
| 8 | | n offense shall be allowed counsel at the hearing at which pret |
| 9 | | rial release is determined under Article 110 of this Code |
| 10 | | . If the defendant desires counsel for his or her initial a |
| 11 | | ppearance but is unable to obtain counsel, the court shall ap |
| 12 | | point a public defender or licensed attorney at law of this Sta |
| 13 | | te to represent him or her for purposes of that |
| 14 | | hearing. (b) Upon initial appearance of |
| 15 | | a person before the court, the judge shall:
(1) inform the defendant of |
| 17 | | the charge against him and shall provide him
with a copy of the charge;
(2) advise the defendant o |
| 19 | | f his right to counsel and if indigent shall
appoint a p |
| 20 | | ublic defender or licensed attorney at law of this |
| 21 | | State to
represent him in accordance with the provisions of S |
| 22 | | ection 113-3 of this
Code;
(3) schedule a prelimin |
| 24 | | ary hearing in appropriate cases;
(4) admit the defend |
| 26 | | ant to pretrial release in accordance with the provisions of
Article 110 110/5 of this Code, or upon verified peti |
| 2 | | tion of the State, proceed with the setting of a detent |
| 3 | | ion hearing as provided in Section 110-6.1; and
(5) order Order the co |
| 5 | | nfiscation of the person's passport or impose travel r |
| 6 | | estrictions on a defendant arrested for first degree murder |
| 7 | | or other violent crime as defined in Section 3 of the R |
| 8 | | ights of Crime Victims and Witnesses Act, if the judg |
| 9 | | e determines, based on the factors in Section 110-5 of |
| 10 | | this Code, that this will reasonably ensure the appea |
| 11 | | rance of the defendant and compliance by the defend |
| 12 | | ant with all conditions of r |
| 13 | | elease. (c) The court may issue |
| 14 | | an order of protection in accordance with
the provisions of |
| 15 | | Article 112A of this Code. Crime victims shall be given notice |
| 16 | | by the State's Attorney's office of this hearing as re |
| 17 | | quired in paragraph (2) of subsection (b) of Section 4.5 of t |
| 18 | | he Rights of Crime Victims and Witnesses Act and shall be inf |
| 19 | | ormed of their opportunity at this hearing to obtain an order o |
| 20 | | f protection under Article 112A of this |
| 21 | | Code.
(d) At the initial appear |
| 22 | | ance of a defendant in any criminal proceeding, the court mu |
| 23 | | st advise the defendant in open court that any foreign n |
| 24 | | ational who is arrested or detained has the right to ha |
| 25 | | ve notice of the arrest or detention given to his |
| 26 | | or her country's consular representatives and the right |
|
| | HB5501 | - 2362 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to communicate with those consular representatives if the n |
| 2 | | otice has not already been provided. The court must make a wri |
| 3 | | tten record of so advising the de |
| 4 | | fendant. (e) If consular notific |
| 5 | | ation is not provided to a defendant before his or her firs |
| 6 | | t appearance in court, the court shall grant any reasonable re |
| 7 | | quest for a continuance of the proceedings to allow co |
| 8 | | ntact with the defendant's consulate. Any delay caused by the gr |
| 9 | | anting of the request by a defendant shall temporarily suspend |
| 10 | | for the time of the delay the period within which a person sh |
| 11 | | all be tried as prescribed by subsection subsections (a), (b), or (e) |
| 12 | | of Section 103-5 of this Code and on the day of the expi |
| 13 | | ration of delay the period shall continue at the point at which it was sus |
| 14 | | pended. (f) At the hearing at which cond |
| 15 | | itions of pretrial release are determined, the person charged |
| 16 | | shall be present in person rather than by video phone or an |
| 17 | | y other form of electronic communication, unless the physica |
| 18 | | l health and safety of the person would be endangered by |
| 19 | | appearing in court or the accused waives the right to be present in |
| 20 | | person. (g) Defense counsel shall be giv |
| 21 | | en adequate opportunity to confer with the defendant Defendant prior to any hearing in which conditions of release or the detention of the defen |
| 23 | | dant Defendant is to be considered, wit |
| 24 | | h a physical accommodation made to facilitate attorney/client co |
| 25 | | nsultation. (Source: P.A. 100-1, eff. 1-1-18; 101-652 |
| 26 | | , eff. 1-1-23; revised 11-24-21.)
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
|
| 2 | |
(Text of Section before amendment by P.A. 101-652)
Sec. 110-1. Definitions. (a) "Security" is that which is |
| 5 | | required to be
pledged to insure the payment o |
| 6 | | f bail.
(b) "Sureties" encompasses th |
| 7 | | e monetary and nonmonetary requirements
set by the court as con |
| 8 | | ditions for release either before or after
conviction. "Sur |
| 9 | | ety" is one who executes a bail bond and binds himself to pay |
| 10 | |
the bail if the person in custody fails to comply with all conditions of
the bai |
| 11 | | l bond.
(c) The phrase "for which a |
| 12 | | sentence of imprisonment, without
conditional and revocable re |
| 13 | | lease, shall be imposed by law as a consequence
of conviction" |
| 14 | | means an offense for which a sentence of imprisonment,
w |
| 15 | | ithout probation, periodic imprisonment or conditional discharg |
| 16 | | e, is
required by law upon conv |
| 17 | | iction.
(d) "Real and present threat to |
| 18 | | the physical safety of any person or
persons", as used in this |
| 19 | | Article, includes a threat to the community,
person, persons or class |
| 20 | | of persons.
(Source: P.A. 85-892.) |
| 21 | |
(Text of Section after amendment by P.A. 101-652)
Sec. 110-1. Definitions. As used in this Article: (a) ( |
| 24 | | Blank).
(b) "Sureties" encompasses th |
|
| | HB5501 | - 2364 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | e monetary and nonmonetary requirements
set by the court as con |
| 2 | | ditions for release either before or after
conv |
| 3 | | iction.
(c) The phrase "for which a |
| 4 | | sentence of imprisonment, without
conditional and revocable re |
| 5 | | lease, shall be imposed by law as a consequence
of conviction" |
| 6 | | means an offense for which a sentence of imprisonment,
w |
| 7 | | ithout probation, periodic imprisonment or conditional discharg |
| 8 | | e, is
required by law upon conv |
| 9 | | iction.
(d) (Blank).) (e) "Willful flight" means |
| 11 | | planning or attempting to intentionally evade prosecution by |
| 12 | | concealing oneself. Simple past non-appearance in court alone |
| 13 | | is not evidence of future intent to evade pr |
| 14 | | osecution.
(Source: P.A. 101-652, eff. 1-1-23; revised 11-24-21.)
(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
|
| 16 | |
(Text of Section before amendment by P.A. 101-652)
Sec. 110-3. Issuance of warrant. Upon failure to comply with any condition of a bail bond or recognizance,
the court having jurisdiction at the ti |
| 20 | | me of such failure may, in addition
to any other action provid |
| 21 | | ed by law, issue a warrant for the arrest of the
person at |
| 22 | | liberty on bail or his own recognizance.
The contents of such a |
| 23 | | warrant shall be the same as required for an arrest
warrant is |
| 24 | | sued upon complaint. When a defendant is at liberty on bail or |
| 25 | |
his own recognizance on a
felony charge and fails to appear |
|
| | HB5501 | - 2365 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | in court as directed, the court shall
issue a warrant for the ar |
| 2 | | rest of such person. Such warrant shall be noted
with a dire |
| 3 | | ctive to peace officers to arrest the person and hold such
|
| 4 | | person without bail and to deliver such person before the court |
| 5 | | for further
proceedings. A defendant who is arrested or surren |
| 6 | | ders within 30 days of
the issuance of such warrant shall not |
| 7 | | be bailable in the case in question
unless he shows by the pre |
| 8 | | ponderance of the evidence that his failure to
appear was not i |
| 9 | | ntentional.
(Source: P.A. 86-298; 86-984; 86-1028; revised 12-13-21.) |
| 10 | |
(Text of Section after amendment by P.A. 101-652)
Sec. 110-3. Options for warrant alternatives. (a) Upon failure to comply with |
| 13 | | any condition of pretrial release or recognizance,
the court |
| 14 | | having jurisdiction at the time of such failure may, on its own |
| 15 | | motion or upon motion from the State, issue an order to show |
| 16 | | cause as to why he or she shall not be subject to revocation o |
| 17 | | f pretrial release, or for sanctions, as provided in Section 11 |
| 18 | | 0-6. Nothing in this Section prohibits the court fr |
| 19 | | om issuing a warrant under subsection (c) upon failure to co |
| 20 | | mply with any condition of pretrial release or recog |
| 21 | | nizance. (b) The order issued by the c |
| 22 | | ourt shall state the facts alleged to constitute the hearing |
| 23 | | to show cause or otherwise why the person is subject to revocat |
| 24 | | ion of pretrial release. A certified copy of the order shall be |
| 25 | | served upon the person at least 48 hours in advance of the scheduled |
|
| | HB5501 | - 2366 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | hearing. (c) If the person does not app |
| 2 | | ear at the hearing to show cause or absconds, the court may |
| 3 | | , in addition
to any other action provided by law, issue a war |
| 4 | | rant for the arrest of the
person at liberty on pretrial relea |
| 5 | | se.
The contents of such a warrant shall be the same as requ |
| 6 | | ired for an arrest
warrant issued upon complaint and may mod |
| 7 | | ify any previously imposed conditions placed upon the pe |
| 8 | | rson, rather than revoking pretrial release or issuing a |
| 9 | | warrant for the person in accordance with the requirements in |
| 10 | | subsections (d) and (e) of Section 110-5. When a defendant |
| 11 | | is at liberty on pretrial release or
his own recognizance on a
|
| 12 | | felony charge and fails to appear in court as directed, the cou |
| 13 | | rt may
issue a warrant for the arrest of such person after his o |
| 14 | | r her failure to appear at the show for cause hearing as provi |
| 15 | | ded in this Section. Such warrant shall be noted
with a dire |
| 16 | | ctive to peace officers to arrest the person and hold su |
| 17 | | ch
person without pretrial release and to deliver such p |
| 18 | | erson before the court for further
proc |
| 19 | | eedings. (d) If the order as described in subsection (b) Subsection B is issued, a failure to appear s |
| 21 | | hall not be recorded until the defendant Defendant fails to app |
| 22 | | ear at the hearing to show cause. For the purpose of any |
| 23 | | risk assessment or future evaluation of risk of willful fl |
| 24 | | ight or risk of failure to appear, a non-appearance in court |
| 25 | | cured by an appearance at the hearing to show cause shall not |
| 26 | | be considered as evidence of future likelihood of appearanc |
|
| | HB5501 | - 2367 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | e in court.
(Source: P.A. 101-652, eff. 1-1-23; revised 12-13-21.)
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-5. Determining the amo |
| 5 | | unt of bail and conditions of release.
(a) In determining the |
| 7 | | amount of monetary bail or conditions of release, if
any,
wh |
| 8 | | ich will reasonably assure the appearance of a defendant as req |
| 9 | | uired or
the safety of any other person or the community and th |
| 10 | | e likelihood of
compliance by the
defendant with all the con |
| 11 | | ditions of bail, the court shall, on the
basis of availa |
| 12 | | ble information, take into account such matters as the
natur |
| 13 | | e and circumstances of the offense charged, whether the evid |
| 14 | | ence
shows that as part of the offense there was a use of vio |
| 15 | | lence or threatened
use of violence, whether the offense inv |
| 16 | | olved corruption of public
officials or employees, whether |
| 17 | | there was physical harm or threats of physical
harm to a |
| 18 | | ny
public official, public employee, judge, prosecutor, juror o |
| 19 | | r witness,
senior citizen, child, or person with a disabili |
| 20 | | ty, whether evidence shows that
during the offense or durin |
| 21 | | g the arrest the defendant possessed or used a
firearm, machi |
| 22 | | ne gun, explosive or metal piercing ammunition or explosive
b |
| 23 | | omb device or any military or paramilitary armament,
whether t |
| 24 | | he evidence
shows that the offense committed was related t |
| 25 | | o or in furtherance of the
criminal activities of an organized |
|
| | HB5501 | - 2368 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | gang or was motivated by the defendant's
membership in or |
| 2 | | allegiance to an organized gang,
the condition of the
vic |
| 3 | | tim, any written statement submitted by the victim or proffe |
| 4 | | r or
representation by the State regarding the
impact which th |
| 5 | | e alleged criminal conduct has had on the victim and the
vict |
| 6 | | im's concern, if any, with further contact with the defe |
| 7 | | ndant if
released on bail, whether the offense was based on |
| 8 | | racial, religious,
sexual orientation or ethnic hatred,
the l |
| 9 | | ikelihood of the filing of a greater charge, the likelihood o |
| 10 | | f
conviction, the sentence applicable upon conviction, the weig |
| 11 | | ht of the evidence
against such defendant, whether there exist |
| 12 | | s motivation or ability to
flee, whether there is any verificat |
| 13 | | ion as to prior residence, education,
or family ties in |
| 14 | | the local jurisdiction, in another county,
state or foreig |
| 15 | | n country, the defendant's employment, financial resou |
| 16 | | rces,
character and mental condition, past conduct, prior use |
| 17 | | of alias names or
dates of birth, and length of residence in |
| 18 | | the community,
the consent of the defendant to periodic drug |
| 19 | | testing in accordance with
Section 110-6.5,
whether a for |
| 20 | | eign national defendant is lawfully admitted in the United
Stat |
| 21 | | es of America, whether the government of the foreign nationa |
| 22 | | l
maintains an extradition treaty with the United States by wh |
| 23 | | ich the foreign
government will extradite to the United State |
| 24 | | s its national for a trial for
a crime allegedly committed in |
| 25 | | the United States, whether the defendant is
currently subject t |
| 26 | | o deportation or exclusion under the immigration laws of
the |
|
| | HB5501 | - 2369 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | United States, whether the defendant, although a United Sta |
| 2 | | tes citizen,
is considered under the law of any foreign state a |
| 3 | | national of that state
for the purposes of extradition or non-extradition to the United States,
the amount of unrecovered pr |
| 5 | | oceeds lost as a result of
the alleged offense, the
source |
| 6 | | of bail funds tendered or sought to be tendered for bail,
wh |
| 7 | | ether from the totality of the court's consideration,
the loss |
| 8 | | of funds posted or sought to be posted for bail will not deter |
| 9 | | the
defendant from flight, whether the evidence shows that t |
| 10 | | he defendant is
engaged in significant
possession, man |
| 11 | | ufacture, or delivery of a controlled substance or cannabis, |
| 12 | |
either individually or in consort with others,
whether |
| 13 | | at the time of the offense
charged he or she was on bond or pre-trial release pending trial, probation,
periodic i |
| 15 | | mprisonment or conditional discharge pursuant to this Code or |
| 16 | | the
comparable Code of any other state or federal jurisdiction |
| 17 | | , whether the
defendant is on bond or
pre-trial release |
| 18 | | pending the imposition or execution of sentence or appeal o |
| 19 | | f
sentence for any offense under the laws of Illinois or |
| 20 | | any other state or
federal jurisdiction, whether the defendant |
| 21 | | is under parole, aftercare release, mandatory
supervised rel |
| 22 | | ease, or
work release from the Illinois Department of Correcti |
| 23 | | ons or Illinois Department of Juvenile Justice or any penal
|
| 24 | | institution or corrections department of any state or |
| 25 | | federal
jurisdiction, the defendant's record of convictions, |
| 26 | | whether the defendant has been
convicted of a misdemean |
|
| | HB5501 | - 2370 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | or or ordinance offense in Illinois or similar
offense |
| 2 | | in other state or federal jurisdiction within the 10 years
pr |
| 3 | | eceding the current charge or convicted of a felony in Illin |
| 4 | | ois, whether
the defendant was convicted of an offense i |
| 5 | | n another state or federal
jurisdiction that would
be a felon |
| 6 | | y if committed in Illinois within the 20 years preceding the
|
| 7 | | current charge or has been convicted of such felony and rele |
| 8 | | ased from the
penitentiary within 20 years preceding the curren |
| 9 | | t charge if a
penitentiary sentence was imposed in Illinois |
| 10 | | or other state or federal
jurisdiction, the defendant's record |
| 11 | | s of juvenile adjudication of delinquency in any
jurisdiction |
| 12 | | , any record of appearance or failure to appear by
the defen |
| 13 | | dant at
court proceedings, whether there was flight to av |
| 14 | | oid arrest or
prosecution, whether the defendant escaped or
at |
| 15 | | tempted to escape to avoid arrest, whether the defendant refu |
| 16 | | sed to
identify himself or herself, or whether there was a refu |
| 17 | | sal by the defendant to be
fingerprinted as required by law |
| 18 | | . Information used by the court in its
findings or stated i |
| 19 | | n or
offered in connection with this Section may be by way of p |
| 20 | | roffer based upon
reliable information offered by the State |
| 21 | | or defendant.
All evidence shall be admissible if it is releva |
| 22 | | nt and
reliable regardless of whether it would be admissible u |
| 23 | | nder the rules of
evidence applicable at criminal trials.
If t |
| 24 | | he State presents evidence that the offense committed by the d |
| 25 | | efendant
was related to or in furtherance of the criminal activ |
| 26 | | ities of an organized
gang or was motivated by the de |
|
| | HB5501 | - 2371 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fendant's membership in or allegiance to an
organized gang, a |
| 2 | | nd if the court determines that the evidence may be
subs |
| 3 | | tantiated, the court shall prohibit the defendant from associa |
| 4 | | ting with
other members of the organized gang as a condition o |
| 5 | | f bail or release.
For the purposes of this Section,
"organ |
| 6 | | ized gang" has the meaning ascribed to it in Section 10 |
| 7 | | of the Illinois
Streetgang Terrorism Omnibus Preventi |
| 8 | | on Act.
(a-5) There shall be a presumpt |
| 9 | | ion that any conditions of release imposed shall be non-moneta |
| 10 | | ry in nature and the court shall impose the least restrictive |
| 11 | | conditions or combination of conditions necessary to reasonabl |
| 12 | | y assure the appearance of the defendant for further court pr |
| 13 | | oceedings and protect the integrity of
the judicial proceedi |
| 14 | | ngs from a specific threat to a witness or
participant. |
| 15 | | Conditions of release may include, but not be limited to, e |
| 16 | | lectronic home monitoring, curfews, drug counseling, stay-away o |
| 17 | | rders, and in-person reporting. The court shal |
| 18 | | l consider the defendant's socio-economic circumstance when set |
| 19 | | ting conditions of release or imposing monetar |
| 20 | | y bail. (b) The amount of bail shall be:
(1) Sufficient to |
| 22 | | assure compliance with the conditions set forth in the
bail |
| 23 | | bond, which shall include the defendant's curr |
| 24 | | ent address with a written
admonishment to the defendant |
| 25 | | that he or she must comply with the provisions of
Section 110-12 regarding any change in his or her address. The de |
|
| | HB5501 | - 2372 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fendant's
address shall at all times remain a matter of pu |
| 2 | | blic record with the clerk
of the court.
(2) Not oppressive.
(3) Considerate of th |
| 5 | | e financial ability of the accused.
(4) When a person is c |
| 7 | | harged with a drug related offense involving
possession |
| 8 | | or delivery of cannabis or possession or delivery of |
| 9 | | a
controlled substance as defined in the Cannabis |
| 10 | | Control Act,
the Illinois Controlled Substances Act, or t |
| 11 | | he Methamphetamine Control and Community Protection Act, th |
| 12 | | e full street value
of the drugs seized shall be considered |
| 13 | | . "Street value" shall be
determined by the court on the |
| 14 | | basis of a proffer by the State based upon
reliable inform |
| 15 | | ation of a law enforcement official contained in a writt |
| 16 | | en
report as to the amount seized and such proffer may be u |
| 17 | | sed by the court as
to the current street value of the |
| 18 | | smallest unit of the drug |
| 19 | | seized.
(b-5) Upon the filing of a wri |
| 20 | | tten request demonstrating reasonable cause, the State's Attorn |
| 21 | | ey may request a source of bail hearing either before or after |
| 22 | | the posting of any funds.
If the hearing is granted, before th |
| 23 | | e posting of any bail, the accused must file a written notice |
| 24 | | requesting that the court conduct a source of bail h |
| 25 | | earing. The notice must be accompanied by justifying affidav |
| 26 | | its stating the legitimate and lawful source of funds for bail. |
|
| | HB5501 | - 2373 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | At the hearing, the court shall inquire into any matter |
| 2 | | s stated in any justifying affidavits, and may also inquire i |
| 3 | | nto matters appropriate to the determination which shall includ |
| 4 | | e, but are not limited to, the following: (1) the background, |
| 6 | | character, reputation, and relationship to the accused of any surety; and (2) the source of any mone |
| 8 | | y or property deposited by any surety, and whether |
| 9 | | any such money or property constitutes the fruits of cri |
| 10 | | minal or unlawful conduct; and (3) the source of any mone |
| 12 | | y posted as cash bail, and whether any such money constitu |
| 13 | | tes the fruits of criminal or unlawful conduct; and (4) the background, |
| 15 | | character, reputation, and relationship to the accused |
| 16 | | of the person posting cash bail. Upon setting the hearing, the |
| 18 | | court shall examine, under oath, any persons who may possess material information. The State's Attorney has a right |
| 20 | | to attend the hearing, to call witnesses and to examine any w |
| 21 | | itness in the proceeding. The court shall, upon reques |
| 22 | | t of the State's Attorney, continue the proceedings for a reas |
| 23 | | onable period to allow the State's Attorney to investigat |
| 24 | | e the matter raised in any testimony or affidavit.
If the he |
| 25 | | aring is granted after the accused has posted bail, the cou |
| 26 | | rt shall conduct a hearing consistent with this subsection (b-5 |
|
| | HB5501 | - 2374 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ). At the conclusion of the hearing, the court must issue an |
| 2 | | order either approving or disapproving th |
| 3 | | e bail.
(c) When a person is charged wit |
| 4 | | h an offense punishable by fine only the
amount of the bail s |
| 5 | | hall not exceed double the amount of the maximum p |
| 6 | | enalty.
(d) When a person has been convic |
| 7 | | ted of an offense and only a fine has
been imposed the amount of |
| 8 | | the bail shall not exceed double the amount of
th |
| 9 | | e fine.
(e) The State may appeal |
| 10 | | any order granting bail or setting
a given amount f |
| 11 | | or bail. (f) When a person is charged wi |
| 12 | | th a violation of an order of protection under Section 12-3.4 or 1 |
| 13 | | 2-30 of the Criminal Code of 1961 or the Criminal Code o |
| 14 | | f 2012 or when a person is charged with domestic battery, ag |
| 15 | | gravated domestic battery, kidnapping, aggravated kidn |
| 16 | | aping, unlawful restraint, aggravated unlawful restraint, stal |
| 17 | | king, aggravated stalking, cyberstalking, harassment by tel |
| 18 | | ephone, harassment through electronic communications, or |
| 19 | | an attempt to commit first degree murder committed against an i |
| 20 | | ntimate partner regardless whether an order of protection h |
| 21 | | as been issued against the person, (1) whether the alleged in |
| 23 | | cident involved harassment or abuse, as defined in the Illi |
| 24 | | nois Domestic Violence Act of 1986; (2) whether the person |
| 26 | | has a history of domestic violence, as defined in the |
|
| | HB5501 | - 2375 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Illinois Domestic Violence Act, or a history of other criminal acts; (3) based on the mental health of the person; (4) whether the person has |
| 4 | | a history of violating the orders of any court or governmental entity; (5) whether the person has |
| 6 | | been, or is, potentially a threat to any other person; (6) whether the person has a |
| 8 | | ccess to deadly weapons or a history of using deadly weapons; (7) whether the perso |
| 10 | | n has a history of abusing alcohol or any controlled substance; (8) based on the severity of |
| 12 | | the alleged incident that is the basis of the alleged o |
| 13 | | ffense, including, but not limited to, the duration of |
| 14 | | the current incident, and whether the alleged incident inv |
| 15 | | olved the use of a weapon, physical injury, sexual ass |
| 16 | | ault, strangulation, abuse during the alleged victim's pr |
| 17 | | egnancy, abuse of pets, or forcible entry to gain access to the alleged victim; (9) whether a separat |
| 19 | | ion of the person from the alleged victim or a termi |
| 20 | | nation of the relationship between the person and the a |
| 21 | | lleged victim has recently occurred or is pending; (10) whether the person |
| 23 | | has exhibited obsessive or controlling behaviors |
| 24 | | toward the alleged victim, including, but not limited to, |
| 25 | | stalking, surveillance, or isolation of the alleged victim |
| 26 | | or victim's family member or members; (11) whether the person |
| 2 | | has expressed suicidal or homicidal ideations; (12) based on any in |
| 4 | | formation contained in the complaint and any police rep |
| 5 | | orts, affidavits, or other documents accompanying the complain |
| 6 | | t, the court may, in its discretio |
| 7 | | n, order the respondent to undergo a risk assessment eval |
| 8 | | uation using a recognized, evidence-based instrument conducted |
| 9 | | by an Illinois Department of Human Services approved partner |
| 10 | | abuse intervention program provider, pretrial service, probation |
| 11 | | , or parole agency. These agencies shall have access to su |
| 12 | | mmaries of the defendant's criminal history, which shall not in |
| 13 | | clude victim interviews or information, for the risk evaluation |
| 14 | | . Based on the information collected from the 12 points to be co |
| 15 | | nsidered at a bail hearing under this subsection (f), the resu |
| 16 | | lts of any risk evaluation conducted and the other circumsta |
| 17 | | nces of the violation, the court may order that the person, |
| 18 | | as a condition of bail, be placed under electronic surveilla |
| 19 | | nce as provided in Section 5-8A-7 of the Unified Code of |
| 20 | | Corrections. Upon making a determination whether or not t |
| 21 | | o order the respondent to undergo a risk assessment evalua |
| 22 | | tion or to be placed under electronic surveillance and risk a |
| 23 | | ssessment, the court shall document in the record the court' |
| 24 | | s reasons for making those determinations. The cost of the e |
| 25 | | lectronic surveillance and risk assessment shall be paid |
| 26 | | by, or on behalf, of the defendant. As used in this subsecti |
|
| | HB5501 | - 2377 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | on (f), "intimate partner" means a spouse or a current or former |
| 2 | | partner in a cohabitation or dating rel |
| 3 | | ationship.
(Source: P.A. 99-143, eff. 7-27-15; 100-1 |
| 4 | | , eff. 1-1-18; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652) Sec. 110-5. Determining the amo |
| 7 | | unt of bail and conditions of release.
(a) In determining which or conditions of pretrial release, if
any,
which will reason |
| 10 | | ably assure the appearance of a defendant as required or
the saf |
| 11 | | ety of any other person or the community and the likel |
| 12 | | ihood of
compliance by the
defendant with all the condition |
| 13 | | s of pretrial release, the court shall, on the
basis of availa |
| 14 | | ble information, take into account such matters as: (1) the
nature and ci |
| 16 | | rcumstances of the offense charged; (2) the weight of the evi |
| 18 | | dence against the eligible defendant, except that |
| 19 | | the court may consider the admissibility of any evidence sought to be excluded; (3) the history and chara |
| 21 | | cteristics of the eligible defendant, including: (A) the eligible defen |
| 23 | | dant's character, physical and mental condition |
| 24 | | , family ties, employment, financial resources, |
| 25 | | length of residence in the community, community ties |
|
| | HB5501 | - 2378 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | , past relating to drug or alcohol abuse, conduct, his |
| 2 | | tory criminal history, and record concerning appearance at court proceedings; and (B) whether, at the time |
| 4 | | of the current offense or arrest, the eligible d |
| 5 | | efendant was on probation, parole, or on other release |
| 6 | | pending trial, sentencing, appeal, or completion of sen |
| 7 | | tence for an offense under federal law, or the law of this or any other state; (4) the nature and serious |
| 9 | | ness of the specific, real and present threat to any person |
| 10 | | that would be posed by the eligible defendant's release, if applicable, |
| 11 | | ; as required under paragraph (7.5) of Sectio |
| 12 | | n 4 of the Rights of Crime Victims and Witnesses Act; and (5) the nature and |
| 14 | | seriousness of the risk of obstructing or attempting to obs |
| 15 | | truct the criminal justice process that would be posed b |
| 16 | | y the eligible defendant's release, if applicable. (b) The court shall impo |
| 18 | | se any conditions that are mandatory under Section 110-10 |
| 19 | | . The court may impose any conditions that are permissible under Section 110-10. |
| 20 | |
(b-5) When a person is charged wi |
| 21 | | th a violation of an order of protection under Section 12-3.4 or 1 |
| 22 | | 2-30 of the Criminal Code of 1961 or the Criminal Code o |
| 23 | | f 2012 or when a person is charged with domestic battery, ag |
| 24 | | gravated domestic battery, kidnapping, aggravated kidn |
| 25 | | aping, unlawful restraint, aggravated unlawful restraint, stal |
| 26 | | king, aggravated stalking, cyberstalking, harassment by tel |
|
| | HB5501 | - 2379 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ephone, harassment through electronic communications, or |
| 2 | | an attempt to commit first degree murder committed against an i |
| 3 | | ntimate partner regardless whether an order of protection h |
| 4 | | as been issued against the person, (1) whether the alleged in |
| 6 | | cident involved harassment or abuse, as defined in the Illi |
| 7 | | nois Domestic Violence Act of 1986; (2) whether the person |
| 9 | | has a history of domestic violence, as defined in the |
| 10 | | Illinois Domestic Violence Act, or a history of other criminal acts; (3) based on the mental health of the person; (4) whether the person has |
| 13 | | a history of violating the orders of any court or governmental entity; (5) whether the person has |
| 15 | | been, or is, potentially a threat to any other person; (6) whether the person has a |
| 17 | | ccess to deadly weapons or a history of using deadly weapons; (7) whether the perso |
| 19 | | n has a history of abusing alcohol or any controlled substance; (8) based on the severity of |
| 21 | | the alleged incident that is the basis of the alleged o |
| 22 | | ffense, including, but not limited to, the duration of |
| 23 | | the current incident, and whether the alleged incident inv |
| 24 | | olved the use of a weapon, physical injury, sexual ass |
| 25 | | ault, strangulation, abuse during the alleged victim's pr |
| 26 | | egnancy, abuse of pets, or forcible entry to gain access to the alleged victim; (9) whether a separation of |
| 2 | | the person from the victim of abuse or a termination of th |
| 3 | | e relationship between the person and the victim of abuse h |
| 4 | | as recently occurred or is pending; (10) whether the person |
| 6 | | has exhibited obsessive or controlling behaviors t |
| 7 | | oward the victim of abuse, including, but not limited to, |
| 8 | | stalking, surveillance, or isolation of the victim of abuse |
| 9 | | or victim's family member or members; (11) whether the person |
| 11 | | has expressed suicidal or homicidal ideations; (11.5) any other factors dee |
| 13 | | med by the court to have a reasonable bearing upon the |
| 14 | | defendant's propensity or reputation for violent, abusive |
| 15 | | or assaultive behavior, or lack of that behavior. (c) In cases of stalking or |
| 17 | | aggravated stalking under Section 12-7.3 or 12-7.4 of the |
| 18 | | Criminal Code of 2012, the court may consider the following additional factors: (1) Any evidence of the |
| 20 | | defendant's prior criminal history indicative of viol |
| 21 | | ent, abusive or assaultive behavior, or lack of that |
| 22 | | behavior. The evidence may include testimony or docu |
| 23 | | ments received in juvenile proceedings, criminal, quasi-c |
| 24 | | riminal, civil commitment, domestic relations or other proceedings; (2) Any evidence of the |
| 26 | | defendant's psychological, psychiatric or other similar so |
|
| | HB5501 | - 2381 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | cial history that tends to indicate a violent, abusive, or |
| 2 | | assaultive nature, or lack of any such history; . (3) The nature of the threat |
| 4 | | which is the basis of the charge against the defendant; (4) Any statements mad |
| 6 | | e by, or attributed to the defendant, together with the |
| 7 | | circumstances surrounding them; (5) The age and physic |
| 9 | | al condition of any person allegedly assaulted by the defendant; (6) Whether the defendant i |
| 11 | | s known to possess or have access to any weapon or weapons; (7) Any other factors dee |
| 13 | | med by the court to have a reasonable bearing upon the |
| 14 | | defendant's propensity or reputation for violent, abusive |
| 15 | | or assaultive behavior, or lack of that behavior. (d) The Court may use |
| 17 | | a regularly validated risk assessment tool to aid its de |
| 18 | | termination of appropriate conditions of release as provided for in S |
| 19 | | ection 110-6.4. Risk assessment tools may not be used |
| 20 | | as the sole basis to deny pretrial release. If a risk as |
| 21 | | sessment tool is used, the defendant's counsel shall be provide |
| 22 | | d with the information and scoring system of the risk assessm |
| 23 | | ent tool used to arrive at the determination. The defe |
| 24 | | ndant retains the right to challenge the validity of a risk a |
| 25 | | ssessment tool used by the court and to present evidence r |
| 26 | | elevant to the defendant's challenge. (e) If a person remains in pretr |
| 2 | | ial detention after his or her pretrial conditions hearing |
| 3 | | after having been ordered released with pretrial conditio |
| 4 | | ns, the court shall hold a hearing to determine the reason f |
| 5 | | or continued detention. If the reason for continu |
| 6 | | ed detention is due to the unavailability or the defendant' |
| 7 | | s ineligibility for one or more pretrial conditions previous |
| 8 | | ly ordered by the court or directed by a pretrial services agen |
| 9 | | cy, the court shall reopen the conditions of release hearing t |
| 10 | | o determine what available pretrial conditions exist that |
| 11 | | will reasonably assure the appearance of a defendant as req |
| 12 | | uired or the safety of any other person and the likelihood of c |
| 13 | | ompliance by the defendant with all the conditions of pretrial release. |
| 14 | | The inability of the defendant Defendant to pay for |
| 15 | | a condition of release or any other ineligibility for a con |
| 16 | | dition of pretrial release shall not be used as a just |
| 17 | | ification for the pretrial detention of that defendant Defendant. (f) Prior to the defendant's f |
| 19 | | irst appearance, the Court shall appoint the public defender |
| 20 | | or a licensed attorney at law of this State to represent the defendant |
| 21 | | Defendant for purposes of that hearing, unless |
| 22 | | the defendant has obtained licensed counsel for themselves. (g) Electronic monitorin |
| 24 | | g, GPS monitoring, or home confinement can only be imposed as a condition of pretrial release if a no less restricti |
| 26 | | ve condition of release or combination of less restrictive |
|
| | HB5501 | - 2383 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | condition of release would reasonably ensure the appearance |
| 2 | | of the defendant for later hearings or protect an identifia |
| 3 | | ble person or persons from imminent threat of serious physical harm. (h) If the court imposes |
| 5 | | electronic monitoring, GPS monitoring, or home confinement, th |
| 6 | | e court shall set forth in the record the basis for its fin |
| 7 | | ding. A defendant shall be given custodial credit for each day |
| 8 | | he or she was subjected to that program, at the same rate desc |
| 9 | | ribed in subsection (b) of Section 5-4.5-100 of the Unified Code of Corrections unified code of correction. (i) If electronic monitorin |
| 12 | | g, GPS monitoring, or home confinement is imposed, the cour |
| 13 | | t shall determine every 60 days if no less restricti |
| 14 | | ve condition of release or combination of less restrictive c |
| 15 | | onditions of release would reasonably ensure the appearance, o |
| 16 | | r continued appearance, of the defendant for later hearings |
| 17 | | or protect an identifiable person or persons from imminent |
| 18 | | threat of serious physical harm. If the court finds that |
| 19 | | there are less restrictive conditions of release, the |
| 20 | | court shall order that the condition be removed. This subsecti |
| 21 | | on takes effect January 1, 2022. (j) Crime Victims shall be g |
| 23 | | iven notice by the State's Attorney's office of this hearing as |
| 24 | | required in paragraph (1) of subsection (b) of Section 4.5 of t |
| 25 | | he Rights of Crime Victims and Witnesses Act and shall be inf |
| 26 | | ormed of their opportunity at this hearing to obtain an order o |
|
| | HB5501 | - 2384 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | f protection under Article 112A of |
| 2 | | this Code.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, |
| 3 | | eff. 6-25-21; 102-558, eff. 8-20-21; revised 12-15-21.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic vio |
| 6 | | lence order of protection; remedies.
(a) ( |
| 8 | | Blank).
(b) The court may order any of t |
| 9 | | he remedies listed in this subsection (b).
The remedies lis |
| 10 | | ted in this subsection (b) shall be in addition to other |
| 11 | | civil
or criminal remedies available to petitioner.
(1) Prohibition of abu |
| 13 | | se. Prohibit respondent's harassment,
interfere |
| 14 | | nce with personal liberty, intimidation of a dependent, |
| 15 | | physical
abuse, or willful deprivation, as defined in this |
| 16 | | Article, if such abuse has
occurred or otherwise appe |
| 17 | | ars likely to occur if not prohibited.
(2) Grant of exclusiv |
| 19 | | e possession of residence. Prohibit respondent
from en |
| 20 | | tering or remaining in any residence, household, or p |
| 21 | | remises of the petitioner,
including one owned or leased by |
| 22 | | respondent, if petitioner has a right
to occupancy thereo |
| 23 | | f. The grant of exclusive possession of the residence, ho |
| 24 | | usehold, or premises
shall not affect title to real proper |
| 25 | | ty, nor shall the court be limited by
the standard set forth in |
|
| | HB5501 | - 2385 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | subsection (c-2) of Section 501 of the Illinois M |
| 2 | | arriage and
Dissolution of Marriage Act.
(A) Right to occupanc |
| 4 | | y. A party has a right to occupancy of a
residence or |
| 5 | | household if it is
solely or jointly owned or leased b |
| 6 | | y that party, that party's spouse, a
person with a |
| 7 | | legal duty to support that party or a minor child in th |
| 8 | | at
party's care, or by any person or entity other th |
| 9 | | an the opposing party that
authorizes that party's o |
| 10 | | ccupancy (e.g., a domestic violence shelter).
Standards |
| 11 | | set forth in subparagraph (B) shall not preclude equitable relief.
(B) Presumption of har |
| 13 | | dships. If petitioner and respondent
each has t |
| 14 | | he right to occupancy of a residence or household, t |
| 15 | | he court
shall balance (i) the hardships to respond |
| 16 | | ent and any minor child or
dependent adult in respon |
| 17 | | dent's care resulting from entry of this remedy |
| 18 | | with (ii)
the hardships to petitioner and any minor c |
| 19 | | hild or dependent adult in
petitioner's care resulting |
| 20 | | from continued exposure to the risk of abuse (shoul |
| 21 | | d
petitioner remain at the residence or household) or |
| 22 | | from loss of possession
of the residence or household ( |
| 23 | | should petitioner leave to avoid the risk
of abuse). Wh |
| 24 | | en determining the balance of hardships, the court sh |
| 25 | | all also
take into account the accessibility of t |
| 26 | | he residence or household.
Hardships need not be balan |
|
| | HB5501 | - 2386 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ced if respondent does not have a right to occupancy.
The balance of hard |
| 3 | | ships is presumed to favor possession by
petitioner |
| 4 | | unless the presumption is rebutted by a preponderanc |
| 5 | | e of the
evidence, showing that the hardships t |
| 6 | | o respondent substantially outweigh
the hardships t |
| 7 | | o petitioner and any minor child or dependent adult |
| 8 | | in petitioner's
care. The court, on the request o |
| 9 | | f petitioner or on its own motion,
may order respo |
| 10 | | ndent to provide suitable, accessible, alternate hous |
| 11 | | ing
for petitioner instead of
excluding respondent |
| 12 | | from a mutual residence or household.
(3) Stay away order and addi |
| 14 | | tional prohibitions.
Order respondent to stay away fr |
| 15 | | om petitioner or any other person
protected by the |
| 16 | | domestic violence order of protection, or prohibit r |
| 17 | | espondent from entering
or remaining present at pet |
| 18 | | itioner's school, place of employment, or other
spec |
| 19 | | ified places at times when petitioner is present, or both |
| 20 | | , if
reasonable, given
the balance of hardships. Hardship |
| 21 | | s need not be balanced for the court
to enter a stay away |
| 22 | | order or prohibit entry
if respondent has no right to enter the premises.
(A) If a domestic vi |
| 24 | | olence order of protection grants petitioner e |
| 25 | | xclusive possession
of the residence, prohibits re |
| 26 | | spondent from entering the residence,
or orders re |
|
| | HB5501 | - 2387 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | spondent to stay away from petitioner or other
protect |
| 2 | | ed persons, then the court may allow respondent access |
| 3 | | to the
residence to remove items of clothing a |
| 4 | | nd personal adornment
used exclusively by responde |
| 5 | | nt, medications, and other items as the court directs. |
| 6 | |
The right to access shall be exercised on only one occ |
| 7 | | asion as the court directs
and in the presence of an agr |
| 8 | | eed-upon adult third party or law enforcement officer.
(B) When the petitioner |
| 10 | | and the respondent attend the same public, private, or no |
| 11 | | n-public elementary, middle, or high school |
| 12 | | , the court when issuing a domestic violence order o |
| 13 | | f protection and providing relief shall consider th |
| 14 | | e severity of the act, any continuing physical dange |
| 15 | | r or emotional distress to the petitioner, the educat |
| 16 | | ional rights guaranteed to the petitioner and responde |
| 17 | | nt under federal and State law, the availability of a |
| 18 | | transfer of the respondent to another school, a change o |
| 19 | | f placement or a change of program of the respondent |
| 20 | | , the expense, difficulty, and educational disruption |
| 21 | | that would be caused by a transfer of the respondent |
| 22 | | to another school, and any other relevant facts of the |
| 23 | | case. The court may order that the respondent not atte |
| 24 | | nd the public, private, or non-public elementary, middl |
| 25 | | e, or high school attended by the petitioner, order th |
| 26 | | at the respondent accept a change of placemen |
|
| | HB5501 | - 2388 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | t or change of program, as determined by the sch |
| 2 | | ool district or private or non-public school, or |
| 3 | | place restrictions on the respondent's movements wit |
| 4 | | hin the school attended by the petitioner. The resp |
| 5 | | ondent bears the burden of proving by a prepondera |
| 6 | | nce of the evidence that a transfer, change of placemen |
| 7 | | t, or change of program of the respondent is not avai |
| 8 | | lable. The respondent also bears the burden of prod |
| 9 | | uction with respect to the expense, difficulty, and e |
| 10 | | ducational disruption that would be caused by a tra |
| 11 | | nsfer of the respondent to another school. A transfe |
| 12 | | r, change of placement, or change of program is not una |
| 13 | | vailable to the respondent solely on the ground th |
| 14 | | at the respondent does not agree with the schoo |
| 15 | | l district's or private or non-public school's transfe |
| 16 | | r, change of placement, or change of program or sol |
| 17 | | ely on the ground that the respondent fails or refus |
| 18 | | es to consent or otherwise does not take an actio |
| 19 | | n required to effectuate a transfer, change of placem |
| 20 | | ent, or change of program. When a court orders a respon |
| 21 | | dent to stay away from the public, private, or non-pub |
| 22 | | lic school attended by the petitioner and the respond |
| 23 | | ent requests a transfer to another attendance cent |
| 24 | | er within the respondent's school district or private or no |
| 25 | | n-public school, the school district or private or non |
| 26 | | -public school shall have sole discretion t |
|
| | HB5501 | - 2389 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | o determine the attendance center to which the respond |
| 2 | | ent is transferred. If the court order results |
| 3 | | in a transfer of the minor respondent to another atte |
| 4 | | ndance center, a change in the respondent's pla |
| 5 | | cement, or a change of the respondent's program, the p |
| 6 | | arents, guardian, or legal custodian of the res |
| 7 | | pondent is responsible for transportation and other |
| 8 | | costs associated with the transfer or change. (C) The court may order |
| 10 | | the parents, guardian, or legal custodian of a minor |
| 11 | | respondent to take certain actions or to refrain from |
| 12 | | taking certain actions to ensure that the respondent c |
| 13 | | omplies with the order. If the court orders a tra |
| 14 | | nsfer of the respondent to another school, the p |
| 15 | | arents, guardian, or legal custodian of the res |
| 16 | | pondent is responsible for transportation and other |
| 17 | | costs associated with the change of school by the respondent. (4) Counseling. Require or r |
| 19 | | ecommend the respondent to undergo
counseling for a specif |
| 20 | | ied duration with a social worker, psychologi |
| 21 | | st,
clinical psychologist, psychiatrist, family service ag |
| 22 | | ency, alcohol or
substance abuse program, mental health |
| 23 | | center guidance counselor, agency
providing services to el |
| 24 | | ders, program designed for domestic violence
abusers, or |
| 25 | | any other guidance service the court deems appropriat |
| 26 | | e. The court may order the respondent in any intimate part |
|
| | HB5501 | - 2390 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ner relationship to report to an Illinois Department o |
| 2 | | f Human Services protocol approved partner abuse i |
| 3 | | ntervention program for an assessment and to follow all recommended treatment.
(5) Physical care and posse |
| 5 | | ssion of the minor child. In order to protect
the minor |
| 6 | | child from abuse, neglect, or unwarranted separation from t |
| 7 | | he person
who has been the minor child's primary caretake |
| 8 | | r, or to otherwise protect the
well-being of the minor chil |
| 9 | | d, the court may do either or both of the following:
(i) |
| 10 | | grant petitioner physical care or possession of the min |
| 11 | | or child, or both, or
(ii) order respondent to return a min |
| 12 | | or child to, or not remove a minor child
from, the physical |
| 13 | | care of a parent or person in loco parentis.
If the respondent is charged |
| 15 | | with abuse
(as defined in Section 112A-3 of this Code) of |
| 16 | | a minor child, there shall be a
rebuttable presumption that |
| 17 | | awarding physical care to respondent would not
be |
| 18 | | in the minor child's best interest.
(6) Temporary allocation of |
| 20 | | parental responsibilities and significant decision-maki |
| 21 | | ng responsibilities.
Award temporary significant decision-making responsibility to petitioner in accordance with |
| 23 | | this Section,
the Illinois Marriage
and Dissolution of |
| 24 | | Marriage Act, the Illinois Parentage Act of 2015 |
| 25 | | ,
and this State's Uniform Child-Custody
Jurisdiction and Enforcement Act.
If the respondent
is charged |
|
| | HB5501 | - 2392 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | e. No order for parenting time
shall refer merely to the |
| 2 | | term "reasonable parenting time". Petitioner may deny resp |
| 3 | | ondent access to the minor child if, when
respondent a |
| 4 | | rrives for parenting time, respondent is under the influen |
| 5 | | ce of drugs
or alcohol and constitutes a threat to the safe |
| 6 | | ty and well-being of
petitioner or petitioner's min |
| 7 | | or children or is behaving in a violent or abusive manne |
| 8 | | r. If necessary to protect any member of petitioner's famil |
| 9 | | y or
household from future abuse, respondent shall be |
| 10 | | prohibited from coming to
petitioner's residence t |
| 11 | | o meet the minor child for parenting time, and the petiti |
| 12 | | oner and respondent
shall submit to the court their reco |
| 13 | | mmendations for reasonable
alternative arrangements for par |
| 14 | | enting time. A person may be approved to
supervise parent |
| 15 | | ing time only after filing an affidavit accepti |
| 16 | | ng
that responsibility and acknowledging accountability to the court.
(8) Removal or concealmen |
| 18 | | t of minor child.
Prohibit respondent from
removing a min |
| 19 | | or child from the State or concealing the child within the
State.
(9) Order to appear. Order t |
| 21 | | he respondent to
appear in court, alone
or with a mino |
| 22 | | r child, to prevent abuse, neglect, removal or concealme |
| 23 | | nt of
the child, to return the child to the custody or car |
| 24 | | e of the petitioner, or
to permit any court-ordered inter |
| 25 | | view or examination of the child or the
respondent.
(10) Possession of personal p |
|
| | HB5501 | - 2393 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | roperty. Grant petitioner exclusive
possession of |
| 2 | | personal property and, if respondent has possession or
con |
| 3 | | trol, direct respondent to promptly make it available to petitioner, if:
(i) petitioner, bu |
| 5 | | t not respondent, owns the property; or
(ii) the petitio |
| 7 | | ner and respondent own the property jointly; shar |
| 8 | | ing it would risk
abuse of petitioner by respondent or |
| 9 | | is impracticable; and the balance of
hardships favo |
| 10 | | rs temporary possession by petitioner.
If petitioner's sole |
| 12 | | claim to ownership of the property is that it is
marit |
| 13 | | al property, the court may award petitioner temporary po |
| 14 | | ssession
thereof under the standards of subparagraph (ii) o |
| 15 | | f this paragraph only if
a proper proceeding has bee |
| 16 | | n filed under the Illinois Marriage and
Dissolution |
| 17 | | of Marriage Act, as now or hereafter amended.
No order under this provi |
| 19 | | sion shall affect title to property.
(11) Protection of proper |
| 21 | | ty. Forbid the respondent from taking,
transferring |
| 22 | | , encumbering, concealing, damaging, or otherwise disposi |
| 23 | | ng of
any real or personal property, except as explicitl |
| 24 | | y authorized by the
court, if:
(i) petitioner, bu |
| 26 | | t not respondent, owns the property; or
(ii) the petitio |
| 2 | | ner and respondent own the property jointly,
and the b |
| 3 | | alance of hardships favors granting this remedy.
If petitioner's sole |
| 5 | | claim to ownership of the property is that it is
marit |
| 6 | | al property, the court may grant petitioner relief under |
| 7 | | subparagraph
(ii) of this paragraph only if a proper proce |
| 8 | | eding has been filed under the
Illinois Marriage and Disso |
| 9 | | lution of Marriage Act, as now or hereafter amended.
The court may furthe |
| 11 | | r prohibit respondent from improperly using the
financia |
| 12 | | l or other resources of an aged member of the family or h |
| 13 | | ousehold
for the profit or advantage of respondent or of any other person.
(11.5) Protection of animals. |
| 15 | | Grant the petitioner the exclusive care, custody, or co |
| 16 | | ntrol of any animal owned, possessed, leased, kept, or hel |
| 17 | | d by either the petitioner or the respondent or a m |
| 18 | | inor child residing in the residence or household of ei |
| 19 | | ther the petitioner or the respondent and order the respon |
| 20 | | dent to stay away from the animal and forbid t |
| 21 | | he respondent from taking, transferring, encumberin |
| 22 | | g, concealing, harming, or otherwise disposing of the animal.
(12) Order for payment of sup |
| 24 | | port. Order
respondent to pay temporary
support for the |
| 25 | | petitioner or any child in the petitioner's care or over wh |
| 26 | | om the petitioner has been allocated parental responsibilit |
|
| | HB5501 | - 2395 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | y, when the respondent has a legal obligation to support |
| 2 | | that person,
in accordance with the Illinois Marriage a |
| 3 | | nd Dissolution
of Marriage Act, which shall govern, among |
| 4 | | other matters, the amount of
support, payment through th |
| 5 | | e clerk and withholding of income to secure
payment. An o |
| 6 | | rder for child support may be granted to a petitioner with |
| 7 | |
lawful physical care of a child, or an order or agreem |
| 8 | | ent for
physical care of a child, prior to entry of an or |
| 9 | | der allocating significant decision-making responsibility.
|
| 10 | | Such a support order shall expire upon entry of a valid |
| 11 | | order allocating parental responsibility differently |
| 12 | | and vacating petitioner's significant decision-ma |
| 13 | | king responsibility unless otherwise provided in the order.
(13) Order for payment of l |
| 15 | | osses. Order
respondent to pay petitioner
for losses suff |
| 16 | | ered as a direct result of the abuse. Such losses shall
i |
| 17 | | nclude, but not be limited to, medical expenses, lost |
| 18 | | earnings or other
support, repair or replacement of |
| 19 | | property damaged or taken, reasonable
attorney's fees, |
| 20 | | court costs, and moving or other travel expenses, inclu |
| 21 | | ding
additional reasonable expenses for temporary shelter and restaurant meals.
(i) Losses affecting fa |
| 23 | | mily needs. If a party is entitled to seek
main |
| 24 | | tenance, child support, or property distribution from |
| 25 | | the other party
under the Illinois Marriage and Disso |
| 26 | | lution of Marriage Act, as now or
hereafter am |
|
| | HB5501 | - 2396 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ended, the court may order respondent to reimburse peti |
| 2 | | tioner's
actual losses, to the extent that s |
| 3 | | uch reimbursement would be "appropriate
temporary |
| 4 | | relief", as authorized by subsection (a)(3) of
Section 501 of that Act.
(ii) Recovery of ex |
| 6 | | penses. In the case of an improper concealment
or rem |
| 7 | | oval of a minor child, the court may order respon |
| 8 | | dent to pay the reasonable
expenses incurred or to be |
| 9 | | incurred in the search for and recovery of the
minor |
| 10 | | child, including, but not limited to, legal |
| 11 | | fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry |
| 13 | | . Prohibit the respondent from entering or
remaining in |
| 14 | | the residence or household while the respondent is under t |
| 15 | | he
influence of alcohol or drugs and constitutes |
| 16 | | a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession. (A) A person who |
| 19 | | is subject to an existing domestic violence order |
| 20 | | of protection issued under this Code may not law |
| 21 | | fully possess weapons or a Firearm Owner's Identificat |
| 22 | | ion Card under Section 8.2 of the Firearm Owners Identification Card Act. (B) Any firearm |
| 24 | | s in the
possession of the respondent, except as provi |
| 25 | | ded in subparagraph (C) of this paragraph (14.5), sha |
| 26 | | ll be ordered by the court to be turned
over to a p |
|
| | HB5501 | - 2397 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | erson with a valid Firearm Owner's Identification Card fo |
| 2 | | r safekeeping. The court shall issue an order that |
| 3 | | the respondent comply with Section 9.5 of the Firearm |
| 4 | | Owners Identification Card Act.
Illinois (C) If the respon |
| 6 | | dent is a peace officer as defined in Section 2-13 of
|
| 7 | | the
Criminal Code of 2012, the court shall order tha |
| 8 | | t any firearms used by the
respondent in the performance |
| 9 | | of his or her duties as a
peace officer be su |
| 10 | | rrendered to
the chief law enforcement executive |
| 11 | | of the agency in which the respondent is
employed, who |
| 12 | | shall retain the firearms for safekeeping for th |
| 13 | | e duration of the domestic violence order of protection.
(D) Upon expiration of |
| 15 | | the period of safekeeping, if the firearms or Firearm O |
| 16 | | wner's Identification Card cannot be returned to res |
| 17 | | pondent because respondent cannot be located, fails |
| 18 | | to respond to requests to retrieve the firearms, or i |
| 19 | | s not lawfully eligible to possess a firearm, upon p |
| 20 | | etition from the local law enforcement agency, the cou |
| 21 | | rt may order the local law enforcement agency to des |
| 22 | | troy the firearms, use the firearms for training |
| 23 | | purposes, or for any other application as deemed ap |
| 24 | | propriate by the local law enforcement agency; or t |
| 25 | | hat the firearms be turned over to a third party w |
| 26 | | ho is lawfully eligible to possess firearms, an |
|
| | HB5501 | - 2398 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | d who does not reside with respondent. (15) Prohibition of access |
| 3 | | to records. If a domestic violence order of protection |
| 4 | |
prohibits respondent from having contact with the minor |
| 5 | | child,
or if petitioner's address is omitted under subsection ( |
| 6 | | b) of
Section 112A-5 of this Code, or if necessary to |
| 7 | | prevent abuse or wrongful removal or
concealment of a mi |
| 8 | | nor child, the order shall deny respondent access to, an |
| 9 | | d
prohibit respondent from inspecting, obtaining, or attemp |
| 10 | | ting to
inspect or obtain, school or any other records of |
| 11 | | the minor child
who is in the care of petitioner.
(16) Order for payment o |
| 13 | | f shelter services. Order respondent to
reimburse a s |
| 14 | | helter providing temporary housing and counseling services |
| 15 | | to
the petitioner for the cost of the services, as ce |
| 16 | | rtified by the shelter
and deemed reasonable by the court.
(17) Order for injunctive |
| 18 | | relief. Enter injunctive relief necessary
or appropriat |
| 19 | | e to prevent further abuse of a family or household member o |
| 20 | | r
to effectuate one of the granted remedies, if s |
| 21 | | upported by the balance of
hardships. If the harm to be p |
| 22 | | revented by the injunction is abuse or any
other harm that |
| 23 | | one of the remedies listed in paragraphs (1) through |
| 24 | | (16)
of this subsection is designed to prevent, no furthe |
| 25 | | r evidence is necessary
to establish that the harm is an irreparable injury.
(18) Telephone services. (A) Unless a condition |
| 2 | | described in subparagraph (B) of this paragraph ex |
| 3 | | ists, the court may, upon request by the petitioner, |
| 4 | | order a wireless telephone service provider to tran |
| 5 | | sfer to the petitioner the right to continue to use a t |
| 6 | | elephone number or numbers indicated by the pe |
| 7 | | titioner and the financial responsibility associated w |
| 8 | | ith the number or numbers, as set forth in subparagraph |
| 9 | | (C) of this paragraph. In this paragraph (18), th |
| 10 | | e term "wireless telephone service provider" mean |
| 11 | | s a provider of commercial mobile service as def |
| 12 | | ined in 47 U.S.C. 332. The petitioner may request the |
| 13 | | transfer of each telephone number that the petitioner, |
| 14 | | or a minor child in his or her custody, uses. The cler |
| 15 | | k of the court shall serve the order on the wireless te |
| 16 | | lephone service provider's agent for service of proces |
| 17 | | s provided to the Illinois Commerce Commission. The |
| 18 | | order shall contain all of the following: (i) The name and b |
| 20 | | illing telephone number of the account holder |
| 21 | | including the name of the wireless telephone se |
| 22 | | rvice provider that serves the account. (ii) Each tel |
| 24 | | ephone number that will be transferred. (iii) A statement t |
| 26 | | hat the provider transfers to the petitioner all fi |
|
| | HB5501 | - 2400 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | nancial responsibility for and right to the u |
| 2 | | se of any telephone number transferred under this paragraph. (B) A wireless teleph |
| 4 | | one service provider shall terminate the respondent's |
| 5 | | use of, and shall transfer to the petitioner use o |
| 6 | | f, the telephone number or numbers indicated i |
| 7 | | n subparagraph (A) of this paragraph unless it notifies |
| 8 | | the petitioner, within 72 hours after it receives |
| 9 | | the order, that one of the following applies: (i) The account hol |
| 11 | | der named in the order has terminated the account. (ii) A difference i |
| 13 | | n network technology would prevent or impair the fu |
| 14 | | nctionality of a device on a network if the transfer occurs. (iii) The transfer w |
| 16 | | ould cause a geographic or other limitation on ne |
| 17 | | twork or service provision to the petitioner. (iv) Another te |
| 19 | | chnological or operational issue would preven |
| 20 | | t or impair the use of the telephone number if the transfer occurs. (C) The petiti |
| 22 | | oner assumes all financial responsibility for a |
| 23 | | nd right to the use of any telephone number transferre |
| 24 | | d under this paragraph. In this paragraph, "financia |
| 25 | | l responsibility" includes monthly service costs and |
| 26 | | costs associated with any mobile device associated with the number. (D) A wireless tele |
| 2 | | phone service provider may apply to the petitioner |
| 3 | | its routine and customary requirements for |
| 4 | | establishing an account or transferring a numbe |
| 5 | | r, including requiring the petitioner to provid |
| 6 | | e proof of identification, financial information, and customer preferences.
(E) Except for willf |
| 8 | | ul or wanton misconduct, a wireless telephone servi |
| 9 | | ce provider is immune from civil liability for its a |
| 10 | | ctions taken in compliance with a court order issued under this paragraph. (F) All wireless serv |
| 12 | | ice providers that provide services to residential cust |
| 13 | | omers shall provide to the Illinois Commerce Commissi |
| 14 | | on the name and address of an agent for service of |
| 15 | | orders entered under this paragraph (18). Any change i |
| 16 | | n status of the registered agent must be reporte |
| 17 | | d to the Illinois Commerce Commission within 30 days of such change. (G) The Illinois |
| 19 | | Commerce Commission shall maintain the list of registe |
| 20 | | red agents for service for each wireless telepho |
| 21 | | ne service provider on the Commission's website. The C |
| 22 | | ommission may consult with wireless telephone service |
| 23 | | providers and the Circuit Court Clerks on the manner |
| 24 | | in which this information is provided and dis |
| 25 | | played. (c) Relevant factors; findings.
(1) In determining whether t |
|
| | HB5501 | - 2402 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | o grant a
specific remedy, other than payment of support |
| 2 | | , the
court shall consider relevant factors, includin |
| 3 | | g, but not limited to, the
following:
(i) the nature, frequen |
| 5 | | cy, severity, pattern, and consequences of the
resp |
| 6 | | ondent's past abuse of the petitioner or any f |
| 7 | | amily or household
member, including the concealment |
| 8 | | of his or her location in order to evade
service of |
| 9 | | process or notice, and the likelihood of danger of fut |
| 10 | | ure abuse to
petitioner or
any member of petitioner's |
| 11 | | or respondent's family or household; and
(ii) the danger th |
| 13 | | at any minor child will be abused or neglected or
imp |
| 14 | | roperly relocated from the jurisdiction, improperly c |
| 15 | | oncealed within the
State, or improperly separate |
| 16 | | d from the child's primary caretaker.
(2) In comparing relative |
| 18 | | hardships resulting to the parties from loss
of possessi |
| 19 | | on of the family home, the court shall consider relevant
f |
| 20 | | actors, including, but not limited to, the following:
(i) availability, ac |
| 22 | | cessibility, cost, safety, adequacy, location, an |
| 23 | | d other
characteristics of alternate housing for each |
| 24 | | party and any minor child or
dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the |
|
| | HB5501 | - 2403 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | relationship of the party, and any minor
child or depe |
| 2 | | ndent adult in the party's care, to family, school, church,
and community.
(3) Subject to the excepti |
| 4 | | ons set forth in paragraph (4) of this
subsection (c) |
| 5 | | , the court shall make its findings in an official record o |
| 6 | | r in
writing, and shall at a minimum set forth the following:
(i) That the court has |
| 8 | | considered the applicable relevant factors
described |
| 9 | | in paragraphs (1) and (2) of this subsection (c).
(ii) Whether the conduct |
| 11 | | or actions of respondent, unless
prohibited, will lik |
| 12 | | ely cause irreparable harm or continued abuse.
(iii) Whether it |
| 14 | | is necessary to grant the requested relief in orde |
| 15 | | r
to protect petitioner or other alleged abused persons.
(4) (Blank).
(5) Never marr |
| 18 | | ied parties. No rights or responsibilities for a m |
| 19 | | inor
child born outside of marriage attach to a putative |
| 20 | | father until a father and
child relationship has been esta |
| 21 | | blished under the Illinois Parentage Act of
1984, the Illin |
| 22 | | ois Parentage Act of 2015, the Illinois Public Aid Cod |
| 23 | | e, Section 12 of the Vital Records Act, the Juvenile Cour |
| 24 | | t Act of 1987, the Probate Act of 1975, the Uniform Inte |
| 25 | | rstate Family Support Act, the Expedited Child Support |
| 26 | | Act of 1990, any judicial, administrative, or oth |
|
| | HB5501 | - 2404 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | er act of another state or territory, any other statut |
| 2 | | e of this State, or by any foreign nation establi |
| 3 | | shing the father and child relationship, any other p |
| 4 | | roceeding substantially in conformity with the federal P |
| 5 | | ersonal Responsibility and Work Opportunity Reconciliation |
| 6 | | Act of 1996, or when both parties appeared in open cou |
| 7 | | rt or at an administrative hearing acknowledging |
| 8 | | under oath or admitting by affirmation the exist |
| 9 | | ence of a father and child relationship. Absent such an |
| 10 | | adjudication, no putative father shall be granted
tempor |
| 11 | | ary allocation of parental responsibilities, including par |
| 12 | | enting time with the minor child, or
physical care
and poss |
| 13 | | ession of the minor child, nor shall
an order of paymen |
| 14 | | t for support of the minor child be e |
| 15 | | ntered.
(d) Balance of hardships; fin |
| 16 | | dings. If the court finds that the balance
of hardships does n |
| 17 | | ot support the granting of a remedy governed by
paragraph (2), ( |
| 18 | | 3), (10), (11), or (16) of
subsection (b) of this Secti |
| 19 | | on,
which may require such balancing, the court's findings s |
| 20 | | hall so
indicate and shall include a finding as to whethe |
| 21 | | r granting the remedy will
result in hardship to responden |
| 22 | | t that would substantially outweigh the hardship
to petitioner
f |
| 23 | | rom denial of the remedy. The findings shall be an official record or in
w |
| 24 | | riting.
(e) Denial of remedies. Denial |
| 25 | | of any remedy shall not be based, in
whole or in part, on evidence that:
(1) respondent has cause fo |
|
| | HB5501 | - 2405 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | r any use of force, unless that cause
satisfies the standa |
| 2 | | rds for justifiable use of force provided by Article
7 of the Criminal Code of 2012;
(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of another, provided
that, if petit |
| 6 | | ioner utilized force, such force was justifiable under
Arti |
| 7 | | cle 7 of the Criminal Code of 2012;
(4) petitioner did not act in sel |
| 9 | | f-defense or defense of another;
(5) petitioner left the |
| 11 | | residence or household to avoid further abuse
by respondent;
(6) petitioner did |
| 13 | | not leave the residence or household to avoid further
abuse by respondent; or
(7) conduct by any family o |
| 15 | | r household member excused the abuse by
respondent, unle |
| 16 | | ss that same conduct would have excused such abuse if the
p |
| 17 | | arties had not been family or househo |
| 18 | | ld members.
(Source: P.A. 101-81, eff. 7-12-19; 102-237 |
| 19 | | , eff. 1-1-22; 102-538, eff. 8-20-21; revised 11-2-21.)
(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
Sec. 112A-20. Duration and ext |
| 22 | | ension of final protective orders.
(a) (Bl |
| 24 | | ank).
(b) A final protective order |
| 25 | | shall remain in effect as follows:
(1) if entered during pre-trial release, until disposition, withdrawal,
or d |
| 3 | | ismissal of the underlying charge; if, however, t |
| 4 | | he case is continued as an
independent cause of action, t |
| 5 | | he order's duration may be for a fixed period
of time not to exceed 2 years;
(2) if in effect in conjunct |
| 7 | | ion with a bond forfeiture warrant, until
final dispositi |
| 8 | | on or an additional period
of time not
exceeding 2 years; |
| 9 | | no domestic violence order of
protection, however, shall be |
| 10 | | terminated by a dismissal that is accompanied
by the iss |
| 11 | | uance of a bond forfeiture warrant;
(3) until 2 years a |
| 13 | | fter the expiration of any supervision, conditional disc |
| 14 | | harge,
probation, periodic imprisonment, parole, after |
| 15 | | care release, or mandatory supervised release for d |
| 16 | | omestic violence orders of protection and civil no contact orders;
(4) until 2 years after the |
| 18 | | date set by the court for expiration of any sentence of
i |
| 19 | | mprisonment and subsequent parole, aftercare release, or ma |
| 20 | | ndatory supervised release
for domestic violence orders |
| 21 | | of protection and civil no contact orders;
(5) permanent for a stal |
| 23 | | king no contact order if a judgment of conviction for stalking is entered; or (6) permanent for a civ |
| 25 | | il no contact order at the victim's request if a judgment |
| 26 | | of conviction for criminal sexual assault, aggravate |
|
| | HB5501 | - 2407 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | d criminal sexual assault, criminal sexual abuse, ex |
| 2 | | cluding a conviction under subsection (c) of Section 11-1. |
| 3 | | 50 of the Criminal Code of 2012, or aggravated criminal sexual abuse is e |
| 4 | | ntered. (c) Computation of time. |
| 5 | | The duration of a domestic violence order of protection s |
| 6 | | hall
not be reduced by the duration of any prior domestic violence order of prot |
| 7 | | ection.
(d) Law enforcement records |
| 8 | | . When a protective order expires
upon the occurrence of a sp |
| 9 | | ecified event, rather than upon a specified date
as prov |
| 10 | | ided in subsection (b), no expiration date shall be entere |
| 11 | | d in
Illinois State Police records. To remove the protective |
| 12 | | order from
those records, either the petitioner or the re |
| 13 | | spondent shall request the clerk of the court to file a
certifie |
| 14 | | d copy of an order stating that the specified event has occur |
| 15 | | red or
that the protective order has been vacated or modified |
| 16 | | with the sheriff, and the
sheriff shall direct that law en |
| 17 | | forcement records shall be promptly
corrected in accordance with the filed |
| 18 | | order.
(e) Extension of Orders. Any |
| 19 | | domestic violence order of
protection or civil no contact |
| 20 | | order that expires 2 years after the expiration of the |
| 21 | | defendant's sentence under paragraph (2), (3), or (4) of |
| 22 | | subsection (b) of Section 112A-20 of this Article may be exte |
| 23 | | nded one or more times, as required. The petitioner, petitioner |
| 24 | | 's counsel, or the State's Attorney on the petitioner's behalf |
| 25 | | shall file the motion for an extension of the final protec |
| 26 | | tive order in the criminal case and serve the motion in acc |
|
| | HB5501 | - 2408 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ordance with Supreme Court Rules 11 and 12. The court shall |
| 2 | | transfer the motion to the appropriate court or divisi |
| 3 | | on for consideration under subsection (e) of Section 22 |
| 4 | | 0 of the Illinois Domestic Violence Act of 1986, subsection |
| 5 | | (c) of Section 216 of the Civil No Contact Order Act, or subsec |
| 6 | | tion (c) of Section 105 of the Stalking No Contact Order as appro |
| 7 | | priate.
(f) Termination date. Any fi |
| 8 | | nal protective order which would expire on a
court holiday s |
| 9 | | hall instead expire at the close of the next court busine |
| 10 | | ss day.
(g) Statement of purpose. The |
| 11 | | practice of dismissing or suspending a
criminal prosecution |
| 12 | | in exchange for issuing a protective order
undermines the purpo |
| 13 | | ses of this Article. This Section shall not be
construed as encouraging tha |
| 14 | | t practice.
(Source: P.A. 102-184, eff. 1-1-22; 102-538, |
| 15 | | eff. 8-20-21; revised 10-20-21.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
(Text of Section before amendment by P.A. 101-652) Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A v |
| 20 | | iolation of any protective order,
whether issued in a civil, quasi-criminal proceeding, shall be
enforced by a
criminal court when:
(1) The respondent commits t |
| 23 | | he crime of violation of a domestic violence order of
prot |
| 24 | | ection pursuant to Section 12-3.4 or 12-30 of the Cr |
| 25 | | iminal Code of
1961 or the Criminal Code of 2012, by
having knowingly violated:
(i) remedies described in paragraph paragraphs (1), (2), (3), (14),
or
( |
| 3 | | 14.5)
of subsection (b) of Section 112A-14 of this Code,
(ii) a remedy, which i |
| 5 | | s substantially similar to the remedies
authorized
under paragraph paragraphs (1), (2), (3), (14), or ( |
| 7 | | 14.5) of subsection (b) of Section 214
of the Illinoi |
| 8 | | s Domestic Violence Act of 1986, in a valid ord |
| 9 | | er of protection,
which is authorized under the laws of another state, tr |
| 10 | | ibe, or United States
territory, or
(iii) any other remedy |
| 12 | | when the act
constitutes a crime against the protected |
| 13 | | parties as defined by the Criminal
Code of 1961 or the Criminal Code of 2012.
Prosecution for a violat |
| 15 | | ion of a domestic violence order of protection shall
not |
| 16 | | bar concurrent prosecution for any other crime, includi |
| 17 | | ng any crime
that may have been committed at the ti |
| 18 | | me of the violation of the domestic violence order
of protection; or
(2) The respondent |
| 20 | | commits the crime of child abduction pursuant
to Section 10-5 of the Criminal Code of 1961 or the Criminal Code of |
| 22 | | 2012, by having knowingly violated:
(i) remedies described in paragraph paragraphs (5), (6), or (8) of subsection
(b |
| 25 | | )
of
Section 112A-14 of this Code, or
(ii) a remedy, which i |
|
| | HB5501 | - 2410 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | s substantially similar to the remedies
authorized
under paragraph paragraphs (1),
(5), (6), or (8) of sub |
| 3 | | section (b) of Section 214
of the Illinois Domestic |
| 4 | | Violence Act of 1986, in a valid domestic violence ord |
| 5 | | er of protection,
which is authorized under the laws of another state, tr |
| 6 | | ibe, or United States
territory.
(3) The respondent commits t |
| 8 | | he crime of violation of a civil no contact order wh |
| 9 | | en the respondent violates Section 12-3.8 of the Criminal |
| 10 | | Code of 2012.
Prosecution for a violation of a civil no c |
| 11 | | ontact order shall not bar concurrent prosecution for any |
| 12 | | other crime, including any crime that may have been co |
| 13 | | mmitted at the time of the violation of the civil no contact order. (4) The respondent commits t |
| 15 | | he crime of violation of a stalking no contact order wh |
| 16 | | en the respondent violates Section 12-3.9 of the Criminal |
| 17 | | Code of 2012.
Prosecution for a violation of a stalking |
| 18 | | no contact order shall not bar concurrent prosecution for |
| 19 | | any other crime, including any crime that may have been co |
| 20 | | mmitted at the time of the violation of the stalking no contact |
| 21 | | order. (b) When violation is contemp |
| 22 | | t of court. A violation of any valid protective order, wh |
| 23 | | ether issued in a civil or criminal
proceeding, may be enforced |
| 24 | | through civil or criminal contempt procedures,
as appr |
| 25 | | opriate, by any court with jurisdiction, regardless where the |
| 26 | | act or
acts which violated the protective order were committed |
|
| | HB5501 | - 2411 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | , to the extent
consistent with the venue provisions of this |
| 2 | | Article. Nothing in this
Article shall preclude any Illinoi |
| 3 | | s court from enforcing any valid protective order issued |
| 4 | | in another state. Illinois courts may enforce protective or |
| 5 | | ders through both criminal prosecution and contempt proceeding |
| 6 | | s,
unless the action which is second in time is barred by |
| 7 | | collateral estoppel
or the constitutional prohibition against double jeopardy.
(1) In a contempt proceedin |
| 9 | | g where the petition for a rule to show
cause sets |
| 10 | | forth facts evidencing an immediate danger that th |
| 11 | | e
respondent will flee the jurisdiction, conceal a child, |
| 12 | | or inflict physical
abuse on the petitioner or minor child |
| 13 | | ren or on dependent adults in
petitioner's care, the cour |
| 14 | | t may order the
attachment of the respondent without pr |
| 15 | | ior service of the rule to show
cause or the petition for a |
| 16 | | rule to show cause. Bond shall be set unless
specifically denied in writing.
(2) A petition for a rule t |
| 18 | | o show cause for violation of a protective order shall |
| 19 | | be treated as an expedited proc |
| 20 | | eeding.
(c) Violation of custo |
| 21 | | dy, allocation of parental responsibility, or support order |
| 22 | | s. A violation of remedies
described in paragraph paragraphs (5), (6), (8), or (9) of subsection (b) of Section
112A-14 of |
| 24 | | this Code may be enforced by any remedy provided by Sec |
| 25 | | tion 607.5 of
the Illinois Marriage and Dissolution of M |
| 26 | | arriage Act. The court may
enforce any order for support issu |
|
| | HB5501 | - 2413 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | e of Criminal Procedure of 1963 shall |
| 2 | | be void. (f) Circumstances. The court, w |
| 3 | | hen determining whether or not a
violation of a protective ord |
| 4 | | er has occurred, shall not require
physical manifestations of |
| 5 | | abuse on the person of the |
| 6 | | victim.
(g) Penalties.
(1) Except as provide |
| 8 | | d in paragraph (3) of this
subsection (g), where the court |
| 9 | | finds the commission of a crime or contempt of
court under subsection subsections (a) or (b) of this Section |
| 11 | | , the penalty shall be
the penalty that generally a |
| 12 | | pplies in such criminal or contempt
proceedings, and may |
| 13 | | include one or more of the following: incarceration,
payme |
| 14 | | nt of restitution, a fine, payment of attorneys' fe |
| 15 | | es and costs, or
community service.
(2) The court shall |
| 17 | | hear and take into account evidence of any factors
in |
| 18 | | aggravation or mitigation before deciding an appropriate p |
| 19 | | enalty under
paragraph (1) of this subsection (g).
(3) To the extent perm |
| 21 | | itted by law, the court is encouraged to:
(i) increase the penalty |
| 23 | | for the knowing violation of
any protective order o |
| 24 | | ver any penalty previously imposed by any court
for res |
| 25 | | pondent's violation of any protective order or penal st |
| 26 | | atute
involving petitioner as victim and respondent as defendant;
(ii) impose a m |
| 2 | | inimum penalty of 24 hours imprisonment for responden |
| 3 | | t's
first violation of any protective order; and
(iii) impose a m |
| 5 | | inimum penalty of 48 hours imprisonment for
respond |
| 6 | | ent's second or subsequent violation of a protective order unless the court explicit |
| 8 | | ly finds that an increased penalty or that
period of impris |
| 9 | | onment would be manifestly unjust.
(4) In addition to any oth |
| 11 | | er penalties imposed for a violation of a protective o |
| 12 | | rder, a criminal court may consider evidence of any
violations of a protective order:
(i) to increase, revok |
| 14 | | e, or modify the bail bond on an underlying
criminal |
| 15 | | charge pursuant to Section 110-6 of this Code;
(ii) to revoke or mod |
| 17 | | ify an order of probation, conditional discharge, o |
| 18 | | r
supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or mod |
| 20 | | ify a sentence of periodic imprisonment, pursuant
to Section 5-7-2 of the Unified Code of C |
| 22 | | orrections.
(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652) Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A v |
|
| | HB5501 | - 2415 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | iolation of any protective order,
whether issued in a civil, quasi-criminal proceeding, shall be
enforced by a
criminal court when:
(1) The respondent commits t |
| 4 | | he crime of violation of a domestic violence order of
prot |
| 5 | | ection pursuant to Section 12-3.4 or 12-30 of the Cr |
| 6 | | iminal Code of
1961 or the Criminal Code of 2012, by
having knowingly violated:
(i) remedies described in paragraph paragraphs (1), (2), (3), (14),
or
( |
| 9 | | 14.5)
of subsection (b) of Section 112A-14 of this Code,
(ii) a remedy, which i |
| 11 | | s substantially similar to the remedies
authorized
under paragraph paragraphs (1), (2), (3), (14), or ( |
| 13 | | 14.5) of subsection (b) of Section 214
of the Illinoi |
| 14 | | s Domestic Violence Act of 1986, in a valid ord |
| 15 | | er of protection,
which is authorized under the laws of another state, tr |
| 16 | | ibe, or United States
territory, or
(iii) any other remedy |
| 18 | | when the act
constitutes a crime against the protected |
| 19 | | parties as defined by the Criminal
Code of 1961 or the Criminal Code of 2012.
Prosecution for a violat |
| 21 | | ion of a domestic violence order of protection shall
not |
| 22 | | bar concurrent prosecution for any other crime, includi |
| 23 | | ng any crime
that may have been committed at the ti |
| 24 | | me of the violation of the domestic violence order
of protection; or
(2) The respondent |
| 26 | | commits the crime of child abduction pursuant
to Section 10-5 of the Criminal Code of 1961 or the Criminal Code of |
| 2 | | 2012, by having knowingly violated:
(i) remedies described in paragraph paragraphs (5), (6), or (8) of subsection
(b |
| 5 | | )
of
Section 112A-14 of this Code, or
(ii) a remedy, which i |
| 7 | | s substantially similar to the remedies
authorized
under paragraph paragraphs (1),
(5), (6), or (8) of sub |
| 9 | | section (b) of Section 214
of the Illinois Domestic |
| 10 | | Violence Act of 1986, in a valid domestic violence ord |
| 11 | | er of protection,
which is authorized under the laws of another state, tr |
| 12 | | ibe, or United States
territory.
(3) The respondent commits t |
| 14 | | he crime of violation of a civil no contact order wh |
| 15 | | en the respondent violates Section 12-3.8 of the Criminal |
| 16 | | Code of 2012.
Prosecution for a violation of a civil no c |
| 17 | | ontact order shall not bar concurrent prosecution for any |
| 18 | | other crime, including any crime that may have been co |
| 19 | | mmitted at the time of the violation of the civil no contact order. (4) The respondent commits t |
| 21 | | he crime of violation of a stalking no contact order wh |
| 22 | | en the respondent violates Section 12-3.9 of the Criminal |
| 23 | | Code of 2012.
Prosecution for a violation of a stalking |
| 24 | | no contact order shall not bar concurrent prosecution for |
| 25 | | any other crime, including any crime that may have been co |
| 26 | | mmitted at the time of the violation of the stalking no contact |
|
| | HB5501 | - 2417 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | order. (b) When violation is contemp |
| 2 | | t of court. A violation of any valid protective order, wh |
| 3 | | ether issued in a civil or criminal
proceeding, may be enforced |
| 4 | | through civil or criminal contempt procedures,
as appr |
| 5 | | opriate, by any court with jurisdiction, regardless where the |
| 6 | | act or
acts which violated the protective order were committed |
| 7 | | , to the extent
consistent with the venue provisions of this |
| 8 | | Article. Nothing in this
Article shall preclude any Illinoi |
| 9 | | s court from enforcing any valid protective order issued |
| 10 | | in another state. Illinois courts may enforce protective or |
| 11 | | ders through both criminal prosecution and contempt proceeding |
| 12 | | s,
unless the action which is second in time is barred by |
| 13 | | collateral estoppel
or the constitutional prohibition against double jeopardy.
(1) In a contempt proceedin |
| 15 | | g where the petition for a rule to show
cause sets |
| 16 | | forth facts evidencing an immediate danger that th |
| 17 | | e
respondent will flee the jurisdiction, conceal a child, |
| 18 | | or inflict physical
abuse on the petitioner or minor child |
| 19 | | ren or on dependent adults in
petitioner's care, the cour |
| 20 | | t may order the
attachment of the respondent without pr |
| 21 | | ior service of the rule to show
cause or the petition for a |
| 22 | | rule to show cause. Bond shall be set unless
specifically denied in writing.
(2) A petition for a rule t |
| 24 | | o show cause for violation of a protective order shall |
| 25 | | be treated as an expedited proc |
| 26 | | eeding.
(c) Violation of custo |
|
| | HB5501 | - 2419 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | eeding.
(e-5) If a civil no contact orde |
| 2 | | r entered under subsection (6) of Section 112A-20 of the Cod |
| 3 | | e of Criminal Procedure of 1963 conflicts with an order issue |
| 4 | | d pursuant to the Juvenile Court Act of 1987 or the Illinois M |
| 5 | | arriage and Dissolution of Marriage Act, the conflicting ord |
| 6 | | er issued under subsection (6) of Section 112A-20 of the Cod |
| 7 | | e of Criminal Procedure of 1963 shall |
| 8 | | be void. (f) Circumstances. The court, w |
| 9 | | hen determining whether or not a
violation of a protective ord |
| 10 | | er has occurred, shall not require
physical manifestations of |
| 11 | | abuse on the person of the |
| 12 | | victim.
(g) Penalties.
(1) Except as provide |
| 14 | | d in paragraph (3) of this
subsection (g), where the court |
| 15 | | finds the commission of a crime or contempt of
court under subsection subsections (a) or (b) of this Section |
| 17 | | , the penalty shall be
the penalty that generally a |
| 18 | | pplies in such criminal or contempt
proceedings, and may |
| 19 | | include one or more of the following: incarceration,
payme |
| 20 | | nt of restitution, a fine, payment of attorneys' fe |
| 21 | | es and costs, or
community service.
(2) The court shall |
| 23 | | hear and take into account evidence of any factors
in |
| 24 | | aggravation or mitigation before deciding an appropriate p |
| 25 | | enalty under
paragraph (1) of this subsection (g).
(3) To the extent perm |
|
| | HB5501 | - 2420 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | itted by law, the court is encouraged to:
(i) increase the penalty |
| 3 | | for the knowing violation of
any protective order o |
| 4 | | ver any penalty previously imposed by any court
for res |
| 5 | | pondent's violation of any protective order or penal st |
| 6 | | atute
involving petitioner as victim and respondent as defendant;
(ii) impose a m |
| 8 | | inimum penalty of 24 hours imprisonment for responden |
| 9 | | t's
first violation of any protective order; and
(iii) impose a m |
| 11 | | inimum penalty of 48 hours imprisonment for
respond |
| 12 | | ent's second or subsequent violation of a protective order unless the court explicit |
| 14 | | ly finds that an increased penalty or that
period of impris |
| 15 | | onment would be manifestly unjust.
(4) In addition to any oth |
| 17 | | er penalties imposed for a violation of a protective o |
| 18 | | rder, a criminal court may consider evidence of any
violations of a protective order:
(i) to modify the cond |
| 20 | | itions of pretrial release on an underlying
criminal |
| 21 | | charge pursuant to Section 110-6 of this Code;
(ii) to revoke or mod |
| 23 | | ify an order of probation, conditional discharge, o |
| 24 | | r
supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or mod |
| 26 | | ify a sentence of periodic imprisonment, pursuant
to Section 5-7-2 of the Unified Code of C |
| 2 | | orrections.
(Source: P.A. 101-652, eff. 1-1-23; 102-184 |
| 3 | | , eff. 1-1-22; 102-558, eff. 8-20-21; revised 10-12-21.)
(725 ILCS 5/122-9) (This Section may contain tex |
| 6 | | t from a Public Act with a delayed effective date) Sec. 122-9 123. Motion to resentence by the People. (a) The purpose of sentencing i |
| 9 | | s to advance public safety through punishment, rehabilitation |
| 10 | | , and restorative justice. By providing a means to reevaluate |
| 11 | | a sentence after some time has passed, the General Assem |
| 12 | | bly intends to provide the State's Attorney and the court w |
| 13 | | ith another tool to ensure that these purposes are a |
| 14 | | chieved. (b) At any time upon the rec |
| 15 | | ommendation of the State's Attorney of the county in which th |
| 16 | | e defendant was sentenced, the State's Attorney may petition t |
| 17 | | he sentencing court or the sentencing court's successor to rese |
| 18 | | ntence the offender if the original sentence no longer advances |
| 19 | | the interests of justice. The sentencing court or the senten |
| 20 | | cing court's successor may resentence the offender if it finds |
| 21 | | that the original sentence no longer advances the interests of justice. (c) Upon the receipt of a peti |
| 23 | | tion for resentencing, the court may resentence the defendant in |
| 24 | | the same manner as if the offender had not previously been s |
| 25 | | entenced; however, the new sentence, if any, may not b |
|
| | HB5501 | - 2422 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | e greater than the initial sentence. (d) The court may consid |
| 3 | | er postconviction factors, including, but not limited to, |
| 4 | | the inmate's disciplinary record and record of rehabili |
| 5 | | tation while incarcerated; evidence that reflects whe |
| 6 | | ther age, time served, and diminished physical condition |
| 7 | | , if any, have reduced the inmate's risk for future violence; |
| 8 | | and evidence that reflects changed circumstances since the in |
| 9 | | mate's original sentencing such that the inmate's continu |
| 10 | | ed incarceration no longer serves the interests of justice. |
| 11 | | Credit shall be given for time served. (e) Victims shall be afforded |
| 13 | | all rights as outlined in the Rights of Crime Victims and Witnesses Act. (f) A resentencing under this Se |
| 15 | | ction shall not reopen the defendant's conviction to challeng |
| 16 | | es that would otherwise be barred. (g) Nothing in this Section s |
| 18 | | hall be construed to limit the power of the Governor under t |
| 19 | | he Constitution to grant a reprieve, commutation of sentence, |
| 20 | | or pardon.
(Source: P.A. 102-102, eff. 1-1-22; revised 9-29-21.)
Section 630. The Rights of Crime |
| 22 | | Victims and Witnesses Act is amended by changing Section 4.5 as follows:
(725 ILCS 120/4.5)
(Text of Section before amendment by P.A. 101-652) Sec. 4.5. Procedures to imp |
| 2 | | lement the rights of crime victims. To afford
crime |
| 3 | | victims their rights, law enforcement, prosecutors, judges, an |
| 4 | | d
corrections will provide information, as appropriate, of the following
proc |
| 5 | | edures:
(a) At the request of the cri |
| 6 | | me victim, law enforcement authorities
investigating the case s |
| 7 | | hall provide notice of the status of the investigation,
except |
| 8 | | where the State's Attorney determines that disclosure |
| 9 | | of such
information would unreasonably interfere with the inve |
| 10 | | stigation, until such
time as the alleged assailant is appreh |
| 11 | | ended or the investigation is |
| 12 | | closed.
(a-5) When law enforcement a |
| 13 | | uthorities reopen a closed case to resume investigating, they s |
| 14 | | hall provide notice of the reopening of the case, except |
| 15 | | where the State's Attorney determines that disclosure |
| 16 | | of such information would unreasonably interfere with the investi |
| 17 | | gation. (b) The office of the State's Attorney:
(1) shall provide |
| 19 | | notice of the filing of an information, the return of an
in |
| 20 | | dictment, or the
filing of a petition to adjudicate a m |
| 21 | | inor as a delinquent for a violent
crime;
(2) shall provide timely not |
| 23 | | ice of the date, time, and place of court proceedings; |
| 24 | | of any change in the date, time, and place of cou |
| 25 | | rt proceedings; and of any cancellation of court pr |
| 26 | | oceedings. Notice shall be provided in sufficient time, |
|
| | HB5501 | - 2424 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | wherever possible, for the victim to
make arrangements |
| 2 | | to attend or to prevent an unnecessary appearance at court proceedings;
(3) or victim advoca |
| 4 | | te personnel shall provide information of social
service |
| 5 | | s and financial assistance available for victims of crime |
| 6 | | , including
information of how to apply for these services and assistance;
(3.5) or victim advoca |
| 8 | | te personnel shall provide information about available |
| 9 | | victim services, including referrals to programs, cou |
| 10 | | nselors, and agencies that assist a victim to deal with trauma, loss, and grief; (4) shall assist in |
| 12 | | having any stolen or other personal property held by
law e |
| 13 | | nforcement authorities for evidentiary or other purposes re |
| 14 | | turned as
expeditiously as possible, pursuant to the pro |
| 15 | | cedures set out in Section 115-9
of the Code of Criminal Procedure of 1963;
(5) or victim advoca |
| 17 | | te personnel shall provide appropriate employer
intercessi |
| 18 | | on services to ensure that employers of victims will c |
| 19 | | ooperate with
the criminal justice system in order to mini |
| 20 | | mize an employee's loss of pay and
other benefits resulting from court appearances;
(6) shall provide, whenever |
| 22 | | possible, a secure waiting
area during court proceed |
| 23 | | ings that does not require victims to be in close
|
| 24 | | proximity to defendants or juveniles accused of a violent |
| 25 | | crime, and their
families and friends;
(7) shall provide notice |
|
| | HB5501 | - 2425 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to the crime victim of the right to have a
trans |
| 2 | | lator present at all court proceedings and, in compliance |
| 3 | | with the federal Americans
with Disabilities Act of 1990, t |
| 4 | | he right to communications access through a
sign langua |
| 5 | | ge interpreter or by other means;
(8) (blank);
(8.5) shall inform the |
| 8 | | victim of the right to be present at all court proceeding |
| 9 | | s, unless the victim is to testify and the court de |
| 10 | | termines that the victim's testimony would be materially af |
| 11 | | fected if the victim hears other testimony at trial; (9) shall inform the v |
| 13 | | ictim of the right to have present at all court
proceeding |
| 14 | | s, subject to the rules of evidence and confidential |
| 15 | | ity, an advocate and other support
person of the victim's choice; (9.3) shall inform the vic |
| 17 | | tim of the right to retain an attorney, at the
victi |
| 18 | | m's own expense, who, upon written notice filed with |
| 19 | | the clerk of the
court and State's Attorney, is to rece |
| 20 | | ive copies of all notices, motions, and
court orders filed |
| 21 | | thereafter in the case, in the same manner as if the victim |
| 22 | |
were a named party in the case;
(9.5) shall inform the v |
| 24 | | ictim of (A) the victim's right under Section 6 of this |
| 25 | | Act to make a statement at the sentencing hearing; (B) |
| 26 | | the right of the victim's spouse, guardian, parent, grandp |
|
| | HB5501 | - 2426 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | arent, and other immediate family and household members u |
| 2 | | nder Section 6 of this Act to present a statement a |
| 3 | | t sentencing; and (C) if a presentence report is to be |
| 4 | | prepared, the right of the victim's spouse, guardian, pare |
| 5 | | nt, grandparent, and other immediate family and h |
| 6 | | ousehold members to submit information to the preparer |
| 7 | | of the presentence report about the effect the offense has |
| 8 | | had on the victim and the person; (10) at the sentencing shall |
| 10 | | make a good faith attempt to explain
the minimum amoun |
| 11 | | t of time during which the defendant may actually be
p |
| 12 | | hysically imprisoned. The Office of the State's Attorne |
| 13 | | y shall further notify
the crime victim of the right to |
| 14 | | request from the Prisoner Review Board
or Department of Ju |
| 15 | | venile Justice information concerning the release of the defendant;
(11) shall request restit |
| 17 | | ution at sentencing and as part of a plea agreem |
| 18 | | ent if the victim requests restitution;
(12) shall, upon the court |
| 20 | | entering a verdict of not guilty by reason of insanity |
| 21 | | , inform the victim of the notification services availa |
| 22 | | ble from the Department of Human Services, including the s |
| 23 | | tatewide telephone number, under subparagraph (d)(2) of this Section;
(13) shall provide notic |
| 25 | | e within a reasonable time after receipt of notice from
the |
| 26 | | custodian, of the release of the defendant on bail or pe |
|
| | HB5501 | - 2427 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rsonal recognizance
or the release from detention of a minor who has been detained;
(14) shall explain in |
| 3 | | nontechnical language the details of any plea or verd |
| 4 | | ict of
a defendant, or any adjudication of a juvenile as a delinquent;
(15) shall make all reasonab |
| 6 | | le efforts to consult with the crime victim before the Offi |
| 7 | | ce of
the State's Attorney makes an offer of a plea bargain |
| 8 | | to the defendant or
enters into negotiations with the defen |
| 9 | | dant concerning a possible plea
agreement, and shall consi |
| 10 | | der the written statement, if prepared
prior to entering i |
| 11 | | nto a plea agreement. The right to consult with the prose |
| 12 | | cutor does not include the right to veto a plea agreement o |
| 13 | | r to insist the case go to trial. If the State's Attorney |
| 14 | | has not consulted with the victim prior to making an o |
| 15 | | ffer or entering into plea negotiations with the defendant, |
| 16 | | the Office of the State's Attorney shall notify the |
| 17 | | victim of the offer or the negotiations within 2 busines |
| 18 | | s days and confer with the victim;
(16) shall provide notice o |
| 20 | | f the ultimate disposition of the cases arising from
an ind |
| 21 | | ictment or an information, or a petition to have a |
| 22 | | juvenile adjudicated
as a delinquent for a violent crime;
(17) shall provide notice |
| 24 | | of any appeal taken by the defendant and informa |
| 25 | | tion
on how to contact the appropriate agency handling the |
| 26 | | appeal, and how to request notice of any hearing, oral a |
|
| | HB5501 | - 2428 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rgument, or decision of an appellate court;
(18) shall provide timely |
| 3 | | notice of any request for post-conviction review fi |
| 4 | | led by the
defendant under Article 122 of the Code of Crimi |
| 5 | | nal Procedure of 1963, and of
the date, time and place of |
| 6 | | any hearing concerning the petition. Whenever
possible, n |
| 7 | | otice of the hearing shall be given within 48 hours of the |
| 8 | | court's scheduling of the hearing; and
(19) shall forward a copy |
| 10 | | of any statement presented under Section 6 to the
Prisoner |
| 11 | | Review Board or Department of Juvenile Justice to |
| 12 | | be considered in making a determination
under Section 3-2.5-85 or subsection (b) of Section 3-3-8 of the Unified Code of Corre |
| 14 | | ctions.
(c) The court shall ensure tha |
| 15 | | t the rights of the victim are af |
| 16 | | forded. (c-5) The following procedures s |
| 17 | | hall be followed to afford victims the rights guaranteed by Art |
| 18 | | icle I, Section 8.1 of the Illinois Constitution: (1) Written notice. A vic |
| 20 | | tim may complete a written notice of intent to assert rights |
| 21 | | on a form prepared by the Office of the Attorney General |
| 22 | | and provided to the victim by the State's Attorney. |
| 23 | | The victim may at any time provide a revised written notice |
| 24 | | to the State's Attorney. The State's Attorney shall fi |
| 25 | | le the written notice with the court. At the beginning |
| 26 | | of any court proceeding in which the right of a victim may |
|
| | HB5501 | - 2429 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be at issue, the court and prosecutor shall review the w |
| 2 | | ritten notice to determine whether the victim has asserte |
| 3 | | d the right that may be at issue. (2) Victim's retained atto |
| 5 | | rney. A victim's attorney shall file an entry of appearan |
| 6 | | ce limited to assertion of the victim's rights. Upon |
| 7 | | the filing of the entry of appearance and service on th |
| 8 | | e State's Attorney and the defendant, the attorney i |
| 9 | | s to receive copies of all notices, motions and court orde |
| 10 | | rs filed thereafter in the case. (3) Standing. The victim |
| 12 | | has standing to assert the rights enumerated in subsection |
| 13 | | (a) of Article I, Section 8.1 of the Illinois Constitutio |
| 14 | | n and the statutory rights under Section 4 of this A |
| 15 | | ct in any court exercising jurisdiction over the crimi |
| 16 | | nal case. The prosecuting attorney, a victim, or the vict |
| 17 | | im's retained attorney may assert the victim's rights. The |
| 18 | | defendant in the criminal case has no standing to assert a |
| 19 | | right of the victim in any court proceeding, including on appeal. (4) Assertion of and enforcement of rights. (A) The prosecuti |
| 22 | | ng attorney shall assert a victim's right or request |
| 23 | | enforcement of a right by filing a motion or by ora |
| 24 | | lly asserting the right or requesting enforcement in |
| 25 | | open court in the criminal case outside the presence of |
| 26 | | the jury. The prosecuting attorney shall consu |
|
| | HB5501 | - 2430 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | lt with the victim and the victim's attorney |
| 2 | | regarding the assertion or enforcement of a right. I |
| 3 | | f the prosecuting attorney decides not to assert or enf |
| 4 | | orce a victim's right, the prosecuting attorney shal |
| 5 | | l notify the victim or the victim's attorney in su |
| 6 | | fficient time to allow the victim or the victim's attor |
| 7 | | ney to assert the right or to seek enforcement of a right. (B) If the prosecut |
| 9 | | ing attorney elects not to assert a victim's right o |
| 10 | | r to seek enforcement of a right, the victim or the vi |
| 11 | | ctim's attorney may assert the victim's right or requ |
| 12 | | est enforcement of a right by filing a motion or by ora |
| 13 | | lly asserting the right or requesting enforcement in |
| 14 | | open court in the criminal case outside the presence of the jury. (C) If the prosecuting a |
| 16 | | ttorney asserts a victim's right or seeks enforcement |
| 17 | | of a right, and the court denies the assertion |
| 18 | | of the right or denies the request for enforcement |
| 19 | | of a right, the victim or victim's attorney may f |
| 20 | | ile a motion to assert the victim's right or to reques |
| 21 | | t enforcement of the right within 10 days of the court' |
| 22 | | s ruling. The motion need not demonstrate th |
| 23 | | e grounds for a motion for reconsideration. The court s |
| 24 | | hall rule on the merits of the motion. (D) The court shall tak |
| 26 | | e up and decide any motion or request asserting o |
|
| | HB5501 | - 2431 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | r seeking enforcement of a victim's right without del |
| 2 | | ay, unless a specific time period is specified by law o |
| 3 | | r court rule. The reasons for any decision denying t |
| 4 | | he motion or request shall be clearly stated on the record. (5) Violation of rights and remedies. (A) If the court determ |
| 7 | | ines that a victim's right has been violated, the |
| 8 | | court shall determine the appropriate remedy for the |
| 9 | | violation of the victim's right by hearing from t |
| 10 | | he victim and the parties, considering all factors |
| 11 | | relevant to the issue, and then awarding appropriate relief to the victim. (A-5) Consideration of |
| 13 | | an issue of a substantive nature or an issue that imp |
| 14 | | licates the constitutional or statutory right of a vi |
| 15 | | ctim at a court proceeding labeled as a status hearing |
| 16 | | shall constitute a per se violation of a victim's right. (B) The appropriate |
| 18 | | remedy shall include only actions necessary to provi |
| 19 | | de the victim the right to which the victim wa |
| 20 | | s entitled and may include reopening previously held p |
| 21 | | roceedings; however, in no event shall the court vacat |
| 22 | | e a conviction. Any remedy shall be tailored to provide |
| 23 | | the victim an appropriate remedy without violating a |
| 24 | | ny constitutional right of the defendant. In no e |
| 25 | | vent shall the appropriate remedy be a new trial, damages, or costs. (6) Right to be heard. Whene |
|
| | HB5501 | - 2432 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ver a victim has the right to be heard, the court shall al |
| 2 | | low the victim to exercise the right in any reasonable manner the victim chooses. (7) Right to attend trial. A |
| 4 | | party must file a written motion to exclude a victim f |
| 5 | | rom trial at least 60 days prior to the date set for trial. |
| 6 | | The motion must state with specificity the reason exclusion |
| 7 | | is necessary to protect a constitutional right of the |
| 8 | | party, and must contain an offer of proof. The court shall |
| 9 | | rule on the motion within 30 days. If the motion is gr |
| 10 | | anted, the court shall set forth on the record the fact |
| 11 | | s that support its finding that the victim's testimony will |
| 12 | | be materially affected if the victim hears other testimony at trial. (8) Right to have advocate |
| 14 | | and support person present at court proceedings. (A) A party who intend |
| 16 | | s to call an advocate as a witness at trial must se |
| 17 | | ek permission of the court before the subpoena is issu |
| 18 | | ed. The party must file a written motion at least 90 d |
| 19 | | ays before trial that sets forth specifically the issu |
| 20 | | es on which the advocate's testimony is sought and a |
| 21 | | n offer of proof regarding (i) the content of the an |
| 22 | | ticipated testimony of the advocate; and (ii) the rel |
| 23 | | evance, admissibility, and materiality of the antici |
| 24 | | pated testimony. The court shall consider the motion a |
| 25 | | nd make findings within 30 days of the filing of the mot |
| 26 | | ion. If the court finds by a preponderance of |
|
| | HB5501 | - 2433 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the evidence that: (i) the anticipated testimony is no |
| 2 | | t protected by an absolute privilege; and (ii) the anti |
| 3 | | cipated testimony contains relevant, admissible, and |
| 4 | | material evidence that is not available through other |
| 5 | | witnesses or evidence, the court shall issue a subpoena |
| 6 | | requiring the advocate to appear to testify at |
| 7 | | an in camera hearing. The prosecuting attorney and the |
| 8 | | victim shall have 15 days to seek appellate rev |
| 9 | | iew before the advocate is required to testif |
| 10 | | y at an ex parte in camera proceeding. The prosecuting att |
| 12 | | orney, the victim, and the advocate's attorney shall b |
| 13 | | e allowed to be present at the ex parte in cam |
| 14 | | era proceeding. If, after conducting the ex parte in |
| 15 | | camera hearing, the court determines that due proc |
| 16 | | ess requires any testimony regarding confidential or |
| 17 | | privileged information or communications, the |
| 18 | | court shall provide to the prosecuting attorney, the |
| 19 | | victim, and the advocate's attorney a written memorand |
| 20 | | um on the substance of the advocate's testimony. The |
| 21 | | prosecuting attorney, the victim, and the advocate's a |
| 22 | | ttorney shall have 15 days to seek appellate revie |
| 23 | | w before a subpoena may be issued for the advocat |
| 24 | | e to testify at trial. The presence of the prosecutin |
| 25 | | g attorney at the ex parte in camera proceeding does |
| 26 | | not make the substance of the advocate's testimon |
|
| | HB5501 | - 2434 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | y that the court has ruled inadmissible subject to discovery. (B) If a victim has as |
| 3 | | serted the right to have a support person present at |
| 4 | | the court proceedings, the victim shall provide the nam |
| 5 | | e of the person the victim has chosen to be the vict |
| 6 | | im's support person to the prosecuting attorney, wi |
| 7 | | thin 60 days of trial. The prosecuting attorney sha |
| 8 | | ll provide the name to the defendant. If the def |
| 9 | | endant intends to call the support person as a witne |
| 10 | | ss at trial, the defendant must seek permission of the |
| 11 | | court before a subpoena is issued. The defendant mus |
| 12 | | t file a written motion at least 45 days prio |
| 13 | | r to trial that sets forth specifically the issues o |
| 14 | | n which the support person will testify and an offer o |
| 15 | | f proof regarding: (i) the content of the anticipate |
| 16 | | d testimony of the support person; and (ii) the rel |
| 17 | | evance, admissibility, and materiality of the anticipated testimony. If the prosecuting at |
| 19 | | torney intends to call the support person as a |
| 20 | | witness during the State's case-in-chief, the prosecu |
| 21 | | ting attorney shall inform the court of this int |
| 22 | | ent in the response to the defendant's written motion |
| 23 | | . The victim may choose a different person to be th |
| 24 | | e victim's support person. The court may allow the |
| 25 | | defendant to inquire about matters outside the scope |
| 26 | | of the direct examination during cross-examinatio |
|
| | HB5501 | - 2435 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | n. If the court allows the defendant to do so, t |
| 2 | | he support person shall be allowed to remain in the c |
| 3 | | ourtroom after the support person has testified |
| 4 | | . A defendant who fails to question the support person |
| 5 | | about matters outside the scope of direct exam |
| 6 | | ination during the State's case-in-chief waives |
| 7 | | the right to challenge the presence of the support pe |
| 8 | | rson on appeal. The court shall allow the support pers |
| 9 | | on to testify if called as a witness in the defendant's case-in-chief or the State's rebuttal. If the court does |
| 12 | | not allow the defendant to inquire about matters outsi |
| 13 | | de the scope of the direct examination, the support |
| 14 | | person shall be allowed to remain in the courtroom af |
| 15 | | ter the support person has been called by the defe |
| 16 | | ndant or the defendant has rested. The court shall a |
| 17 | | llow the support person to testify in the State's rebuttal. If the prosecuting a |
| 19 | | ttorney does not intend to call the support person in the State's |
| 20 | | case-in-chief, the court shall verify with |
| 21 | | the support person whether the support person, if |
| 22 | | called as a witness, would testify as set forth in t |
| 23 | | he offer of proof. If the court finds that the suppo |
| 24 | | rt person would testify as set forth in the offer of p |
| 25 | | roof, the court shall rule on the relevance, materia |
| 26 | | lity, and admissibility of the anticipated testimon |
|
| | HB5501 | - 2436 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | y. If the court rules the anticipated testimony is a |
| 2 | | dmissible, the court shall issue the subpoena. The su |
| 3 | | pport person may remain in the courtroom after the su |
| 4 | | pport person testifies and shall be allowed to testify in rebuttal. If the court excludes t |
| 6 | | he victim's support person during the State's case-in- |
| 7 | | chief, the victim shall be allowed to choose another su |
| 8 | | pport person to be present in court. If the victim fails to |
| 10 | | designate a support person within 60 days of t |
| 11 | | rial and the defendant has subpoenaed the support perso |
| 12 | | n to testify at trial, the court may exclude the sup |
| 13 | | port person from the trial until the support pers |
| 14 | | on testifies. If the court excludes the support pe |
| 15 | | rson the victim may choose another person as a support person. (9) Right to notice and hea |
| 17 | | ring before disclosure of confidential or privileged in |
| 18 | | formation or records. A defendant who seeks to subpoen |
| 19 | | a records of or concerning the victim that are confidential |
| 20 | | or privileged by law must seek permission of the co |
| 21 | | urt before the subpoena is issued. The defendant must fi |
| 22 | | le a written motion and an offer of proof regarding the re |
| 23 | | levance, admissibility and materiality of the records |
| 24 | | . If the court finds by a preponderance of the evidence |
| 25 | | that: (A) the records are not protected by an absolute pri |
| 26 | | vilege and (B) the records contain relevant, admissible, |
|
| | HB5501 | - 2437 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and material evidence that is not available through other |
| 2 | | witnesses or evidence, the court shall issue a subpoena |
| 3 | | requiring a sealed copy of the records be delivered to t |
| 4 | | he court to be reviewed in camera. If, after conducting |
| 5 | | an in camera review of the records, the court determines |
| 6 | | that due process requires disclosure of any portion of th |
| 7 | | e records, the court shall provide copies of what it |
| 8 | | intends to disclose to the prosecuting attorney and th |
| 9 | | e victim. The prosecuting attorney and the victim |
| 10 | | shall have 30 days to seek appellate review before the re |
| 11 | | cords are disclosed to the defendant. The disclosure of co |
| 12 | | pies of any portion of the records to the prosecuting |
| 13 | | attorney does not make the records subject to discovery. (10) Right to notice of |
| 15 | | court proceedings. If the victim is not present at a co |
| 16 | | urt proceeding in which a right of the victim is at issu |
| 17 | | e, the court shall ask the prosecuting attorney whether |
| 18 | | the victim was notified of the time, place, and purpose o |
| 19 | | f the court proceeding and that the victim had a righ |
| 20 | | t to be heard at the court proceeding. If the court determi |
| 21 | | nes that timely notice was not given or that the victim w |
| 22 | | as not adequately informed of the nature of the court proce |
| 23 | | eding, the court shall not rule on any substantive issues, |
| 24 | | accept a plea, or impose a sentence and shall continu |
| 25 | | e the hearing for the time necessary to notify the vic |
| 26 | | tim of the time, place and nature of the court proceeding |
|
| | HB5501 | - 2438 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | . The time between court proceedings shall not be attri |
| 2 | | butable to the State under Section 103-5 of the Code of Criminal Procedure of 1963. (11) Right to timely disposit |
| 4 | | ion of the case. A victim has the right to timely dispos |
| 5 | | ition of the case so as to minimize the stress, cost, a |
| 6 | | nd inconvenience resulting from the victim's involvement i |
| 7 | | n the case. Before ruling on a motion to continue trial |
| 8 | | or other court proceeding, the court shall inquire into |
| 9 | | the circumstances for the request for the delay and, |
| 10 | | if the victim has provided written notice of the assertio |
| 11 | | n of the right to a timely disposition, and whether the vic |
| 12 | | tim objects to the delay. If the victim objects, the p |
| 13 | | rosecutor shall inform the court of the victim's objectio |
| 14 | | ns. If the prosecutor has not conferred with the victim |
| 15 | | about the continuance, the prosecutor shall inform th |
| 16 | | e court of the attempts to confer. If the court finds the |
| 17 | | attempts of the prosecutor to confer with the victim were |
| 18 | | inadequate to protect the victim's right to be heard |
| 19 | | , the court shall give the prosecutor at least 3 but not mo |
| 20 | | re than 5 business days to confer with the victim. In rulin |
| 21 | | g on a motion to continue, the court shall consider the |
| 22 | | reasons for the requested continuance, the number and l |
| 23 | | ength of continuances that have been granted, the victim's |
| 24 | | objections and procedures to avoid further delays. If a c |
| 25 | | ontinuance is granted over the victim's objection, the |
| 26 | | court shall specify on the record the reasons for the cont |
|
| | HB5501 | - 2439 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | inuance and the procedures that have been or will be taken to avoid further delays. (12) Right to Restitution. (A) If the victim |
| 4 | | has asserted the right to restitution and the amount |
| 5 | | of restitution is known at the time of sentencing, |
| 6 | | the court shall enter the judgment of restitution at the time of sentencing. (B) If the victim |
| 8 | | has asserted the right to restitution and the amount o |
| 9 | | f restitution is not known at the time of sentenc |
| 10 | | ing, the prosecutor shall, within 5 days after sentenci |
| 11 | | ng, notify the victim what information and documentat |
| 12 | | ion related to restitution is needed and that the inf |
| 13 | | ormation and documentation must be provided to the |
| 14 | | prosecutor within 45 days after sentencing. |
| 15 | | Failure to timely provide information and documentat |
| 16 | | ion related to restitution shall be deemed a waiver of |
| 17 | | the right to restitution. The prosecutor shall fil |
| 18 | | e and serve within 60 days after sentencing a propose |
| 19 | | d judgment for restitution and a notice that includes |
| 20 | | information concerning the identity of any victim |
| 21 | | s or other persons seeking restitution, whether |
| 22 | | any victim or other person expressly declines restitut |
| 23 | | ion, the nature and amount of any damages to |
| 24 | | gether with any supporting documentation, a restitut |
| 25 | | ion amount recommendation, and the names of any co-defendants and their case numbers. Within 30 days aft |
|
| | HB5501 | - 2441 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | onable likelihood that the information will be stated in court at the sentencing. (D) The State's Attor |
| 3 | | ney must advise the victim that the victim must maint |
| 4 | | ain the confidentiality of the report and other informat |
| 5 | | ion. Any dissemination of the report or informatio |
| 6 | | n that was not stated at a court proceeding con |
| 7 | | stitutes indirect criminal contempt of court. (14) Appellate relief. If |
| 9 | | the trial court denies the relief requested, the victim, |
| 10 | | the victim's attorney, or the prosecuting attorney may fil |
| 11 | | e an appeal within 30 days of the trial court's ruling. Th |
| 12 | | e trial or appellate court may stay the court proceedings |
| 13 | | if the court finds that a stay would not violate a c |
| 14 | | onstitutional right of the defendant. If the appella |
| 15 | | te court denies the relief sought, the reasons for the deni |
| 16 | | al shall be clearly stated in a written opinion. In any appe |
| 17 | | al in a criminal case, the State may assert as error the c |
| 18 | | ourt's denial of any crime victim's right in the proc |
| 19 | | eeding to which the appeal relates. (15) Limitation on appellat |
| 21 | | e relief. In no case shall an appellate court provide |
| 22 | | a new trial to remedy the violation of a victim's right. (16) The right to be rea |
| 24 | | sonably protected from the accused throughout the crimin |
| 25 | | al justice process and the right to have the safety of t |
| 26 | | he victim and the victim's family considered in denying or |
|
| | HB5501 | - 2442 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fixing the amount of bail, determining whether to release |
| 2 | | the defendant, and setting conditions of release after |
| 3 | | arrest and conviction. A victim of domestic violence, a s |
| 4 | | exual offense, or stalking may request the entry of a prot |
| 5 | | ective order under Article 112A of the Code of Criminal Procedure o |
| 6 | | f 1963. (d) Procedures after the imposition of sentence. (1) The Prisoner Review Boar |
| 8 | | d shall inform a victim or any other
concerned citizen, up |
| 9 | | on written request, of the prisoner's release on pa |
| 10 | | role,
mandatory supervised release, electronic detention, w |
| 11 | | ork release, international transfer or exchange, or by the |
| 12 | |
custodian, other than the Department of Juvenile Justic |
| 13 | | e, of the discharge of any individual who was adjudicate |
| 14 | | d a delinquent
for a crime from State custody and by the |
| 15 | | sheriff of the appropriate
county of any such person's f |
| 16 | | inal discharge from county custody.
The Prisoner Review Bo |
| 17 | | ard, upon written request, shall provide to a victim or
any |
| 18 | | other concerned citizen a recent photograph of any per |
| 19 | | son convicted of a
felony, upon his or her release from cu |
| 20 | | stody.
The Prisoner
Review Board, upon written request, sh |
| 21 | | all inform a victim or any other
concerned citizen whe |
| 22 | | n feasible at least 7 days prior to the prisoner's releas |
| 23 | | e
on furlough of the times and dates of such furlough. U |
| 24 | | pon written request by
the victim or any other conc |
| 25 | | erned citizen, the State's Attorney shall notify
the pe |
| 26 | | rson once of the times and dates of release of a pris |
|
| | HB5501 | - 2443 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | oner sentenced to
periodic imprisonment. Notification |
| 2 | | shall be based on the most recent
information as to the v |
| 3 | | ictim's or other concerned citizen's residence or other |
| 4 | |
location available to the notifying authority.
(2) When the defendant |
| 6 | | has been committed to the Department of
Human Services pursuant to Se |
| 7 | | ction 5-2-4 or any other
provision of the Un |
| 8 | | ified Code of Corrections, the victim may request to be |
| 9 | |
notified by the releasing authority of the approval by the co |
| 10 | | urt of an on-grounds pass, a supervised off-gro |
| 11 | | unds pass, an unsupervised off-grounds pass, or condition |
| 12 | | al release; the release on an off-grounds pass; the return from |
| 13 | | an off-grounds pass; transfer to another facility; co |
| 14 | | nditional release; escape; death; or final dischar |
| 15 | | ge from State
custody. The Department of Human Services sh |
| 16 | | all establish and maintain a statewide telephone number to |
| 17 | | be used by victims to make notification requests under |
| 18 | | these provisions and shall publicize this telephone number |
| 19 | | on its website and to the State's Attorney of each county.
(3) In the event of an esca |
| 21 | | pe from State custody, the Department of
Corrections or |
| 22 | | the Department of Juvenile Justice immediately shall notify |
| 23 | | the Prisoner Review Board of the escape
and the Prisoner |
| 24 | | Review Board shall notify the victim. The notification sh |
| 25 | | all
be based upon the most recent information as to the v |
| 26 | | ictim's residence or other
location available to the Board. |
|
| | HB5501 | - 2444 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | When no such information is available, the
Board shall m |
| 2 | | ake all reasonable efforts to obtain the information and ma |
| 3 | | ke
the notification. When the escapee is apprehended, the |
| 4 | | Department of
Corrections or the Department of Juvenile |
| 5 | | Justice immediately shall notify the Prisoner Review |
| 6 | | Board and the Board
shall notify the victim.
(4) The victim of the crime |
| 8 | | for which the prisoner has been sentenced
has the right to |
| 9 | | register with the Prisoner Review Board's victim registry |
| 10 | | . Victims registered with the Board shall receive reasonab |
| 11 | | le written notice not less than 30 days prior to th |
| 12 | | e
parole hearing or target aftercare release date. The vict |
| 13 | | im has the right to submit a victim statement for con |
| 14 | | sideration by the Prisoner Review Board or the Departm |
| 15 | | ent of Juvenile Justice in writing, on film, videotape, or |
| 16 | | other electronic means, or in the form of a recording prio |
| 17 | | r to the parole hearing or target aftercare release date, |
| 18 | | or in person at the parole hearing or aftercare rele |
| 19 | | ase protest hearing, or by calling the toll-free number est |
| 20 | | ablished in subsection (f) of this Section. The
victim |
| 21 | | shall be notified within 7 days after the prisoner |
| 22 | | has been granted
parole or aftercare release and shall b |
| 23 | | e informed of the right to inspect the registry of par |
| 24 | | ole
decisions, established under subsection (g) of Section 3-3-5 of the Unified
Code of Corrections. The provisions |
| 26 | | of this paragraph (4) are subject to the
Open Parole Heari |
|
| | HB5501 | - 2445 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ngs Act. Victim statements provided to the Board |
| 2 | | shall be confidential and privileged, including any st |
| 3 | | atements received prior to January 1, 2020 (the ef |
| 4 | | fective date of Public Act 101-288), except if the state |
| 5 | | ment was an oral statement made by the victim at a hearing open to the public.
(4-1) The crime victim |
| 7 | | has the right to submit a victim statement for considerat |
| 8 | | ion by the Prisoner Review Board or the Department of Juven |
| 9 | | ile Justice prior to or at a hearing to determine t |
| 10 | | he conditions of mandatory supervised release of a person |
| 11 | | sentenced to a determinate sentence or at a hearing |
| 12 | | on revocation of mandatory supervised release of a person |
| 13 | | sentenced to a determinate sentence. A victim statement ma |
| 14 | | y be submitted in writing, on film, videotape, or other e |
| 15 | | lectronic means, or in the form of a recording, or orally a |
| 16 | | t a hearing, or by calling the toll-free number established |
| 17 | | in subsection (f) of this Section. Victim statements prov |
| 18 | | ided to the Board shall be confidential and privileged |
| 19 | | , including any statements received prior to January 1, 2 |
| 20 | | 020 (the effective date of Public Act 101-288), except if |
| 21 | | the statement was an oral statement made by the victi |
| 22 | | m at a hearing open to the public. (4-2) The crime victim |
| 24 | | has the right to submit a victim statement to the |
| 25 | | Prisoner Review Board for consideration at an executive cl |
| 26 | | emency hearing as provided in Section 3-3-13 of the Unifi |
|
| | HB5501 | - 2446 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ed Code of Corrections. A victim statement may be subm |
| 2 | | itted in writing, on film, videotape, or other electronic |
| 3 | | means, or in the form of a recording prior to a hearing, or |
| 4 | | orally at a hearing, or by calling the toll-free number est |
| 5 | | ablished in subsection (f) of this Section. Victim statem |
| 6 | | ents provided to the Board shall be confidential and |
| 7 | | privileged, including any statements received pri |
| 8 | | or to January 1, 2020 (the effective date of Public Act 101 |
| 9 | | -288), except if the statement was an oral stateme |
| 10 | | nt made by the victim at a hearing open to the public. (5) If a statement is pres |
| 12 | | ented under Section 6, the Prisoner Review Board or Depa |
| 13 | | rtment of Juvenile Justice
shall inform the victim of any o |
| 14 | | rder of discharge pursuant
to Section 3-2.5-85 or 3-3-8 of the Unified Code of Corrections.
(6) At the written or oral re |
| 17 | | quest of the victim of the crime for which the
prisoner wa |
| 18 | | s sentenced or the State's Attorney of the county where th |
| 19 | | e person seeking parole or aftercare release was prose |
| 20 | | cuted, the Prisoner Review Board or Department of Juvenil |
| 21 | | e Justice shall notify the victim and the State's Attorn |
| 22 | | ey of the county where the person seeking parole or afterc |
| 23 | | are release was prosecuted of
the death of the prisoner if |
| 24 | | the prisoner died while on parole or aftercare relea |
| 25 | | se or mandatory
supervised release.
(7) When a defendant who |
|
| | HB5501 | - 2447 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | has been committed to the Department of
Corrections, |
| 2 | | the Department of Juvenile Justice, or the Department of |
| 3 | | Human Services is released or discharged and
subsequently c |
| 4 | | ommitted to the Department of Human Services as a sexua |
| 5 | | lly
violent person and the victim had requested to be |
| 6 | | notified by the releasing
authority of the defendan |
| 7 | | t's discharge, conditional release, death, or esca |
| 8 | | pe from State custody, the releasing
authority shall pr |
| 9 | | ovide to the Department of Human Services such inform |
| 10 | | ation
that would allow the Department of Human Services to contact the victim.
(8) When a defendant h |
| 12 | | as been convicted of a sex offense as defined in Sec |
| 13 | | tion 2 of the Sex Offender Registration Act and has been s |
| 14 | | entenced to the Department of Corrections or the Departmen |
| 15 | | t of Juvenile Justice, the Prisoner Review Board or |
| 16 | | the Department of Juvenile Justice shall notify the victim |
| 17 | | of the sex offense of the prisoner's eligibility for re |
| 18 | | lease on parole, aftercare release,
mandatory supe |
| 19 | | rvised release, electronic detention, work release, |
| 20 | | international transfer or exchange, or by the
custodi |
| 21 | | an of the discharge of any individual who was adjudica |
| 22 | | ted a delinquent
for a sex offense from State custody |
| 23 | | and by the sheriff of the appropriate
county of any suc |
| 24 | | h person's final discharge from county custody. The notific |
| 25 | | ation shall be made to the victim at least 30 days, wheneve |
| 26 | | r possible, before release of the sex of |
|
| | HB5501 | - 2448 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fender. (e) The officials named in thi |
| 2 | | s Section may satisfy some or all of their
obligations to |
| 3 | | provide notices and other information through participation |
| 4 | | in a
statewide victim and witness notification system e |
| 5 | | stablished by the Attorney
General under Section 8.5 of th |
| 6 | | is Act.
(f) The Prisoner Review Board
shall e |
| 7 | | stablish a toll-free number that may be accessed by the |
| 8 | | crime victim to present a victim statement to the Board in |
| 9 | | accordance with paragraphs (4), (4-1), and (4-2) of subs |
| 10 | | ection (d).
(Source: P.A. 101-81, eff. 7-12-19; 101-288 |
| 11 | | , eff. 1-1-20; 102-22, eff. 6-25-21; 102-558, eff. 8-20-21; revised 12-13-21.)
(Text of Section after amendment by P.A. 101-652) Sec. 4.5. Procedures to imp |
| 15 | | lement the rights of crime victims. To afford
crime |
| 16 | | victims their rights, law enforcement, prosecutors, judges, an |
| 17 | | d
corrections will provide information, as appropriate, of the following
proc |
| 18 | | edures:
(a) At the request of the cri |
| 19 | | me victim, law enforcement authorities
investigating the case s |
| 20 | | hall provide notice of the status of the investigation,
except |
| 21 | | where the State's Attorney determines that disclosure |
| 22 | | of such
information would unreasonably interfere with the inve |
| 23 | | stigation, until such
time as the alleged assailant is appreh |
| 24 | | ended or the investigation is |
| 25 | | closed.
(a-5) When law enforcement a |
|
| | HB5501 | - 2449 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | uthorities reopen a closed case to resume investigating, they s |
| 2 | | hall provide notice of the reopening of the case, except |
| 3 | | where the State's Attorney determines that disclosure |
| 4 | | of such information would unreasonably interfere with the investi |
| 5 | | gation. (b) The office of the State's Attorney:
(1) shall provide |
| 7 | | notice of the filing of an information, the return of an
in |
| 8 | | dictment, or the
filing of a petition to adjudicate a m |
| 9 | | inor as a delinquent for a violent
crime;
(2) shall provide timely not |
| 11 | | ice of the date, time, and place of court proceedings; |
| 12 | | of any change in the date, time, and place of cou |
| 13 | | rt proceedings; and of any cancellation of court pr |
| 14 | | oceedings. Notice shall be provided in sufficient time, |
| 15 | | wherever possible, for the victim to
make arrangements |
| 16 | | to attend or to prevent an unnecessary appearance at court proceedings;
(3) or victim advoca |
| 18 | | te personnel shall provide information of social
service |
| 19 | | s and financial assistance available for victims of crime |
| 20 | | , including
information of how to apply for these services and assistance;
(3.5) or victim advoca |
| 22 | | te personnel shall provide information about available |
| 23 | | victim services, including referrals to programs, cou |
| 24 | | nselors, and agencies that assist a victim to deal with trauma, loss, and grief; (4) shall assist in |
| 26 | | having any stolen or other personal property held by
law e |
|
| | HB5501 | - 2451 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ictim of the right to have present at all court
proceeding |
| 2 | | s, subject to the rules of evidence and confidential |
| 3 | | ity, an advocate and other support
person of the victim's choice; (9.3) shall inform the vic |
| 5 | | tim of the right to retain an attorney, at the
victi |
| 6 | | m's own expense, who, upon written notice filed with |
| 7 | | the clerk of the
court and State's Attorney, is to rece |
| 8 | | ive copies of all notices, motions, and
court orders filed |
| 9 | | thereafter in the case, in the same manner as if the victim |
| 10 | |
were a named party in the case;
(9.5) shall inform the v |
| 12 | | ictim of (A) the victim's right under Section 6 of this |
| 13 | | Act to make a statement at the sentencing hearing; (B) |
| 14 | | the right of the victim's spouse, guardian, parent, grandp |
| 15 | | arent, and other immediate family and household members u |
| 16 | | nder Section 6 of this Act to present a statement a |
| 17 | | t sentencing; and (C) if a presentence report is to be |
| 18 | | prepared, the right of the victim's spouse, guardian, pare |
| 19 | | nt, grandparent, and other immediate family and h |
| 20 | | ousehold members to submit information to the preparer |
| 21 | | of the presentence report about the effect the offense has |
| 22 | | had on the victim and the person; (10) at the sentencing shall |
| 24 | | make a good faith attempt to explain
the minimum amoun |
| 25 | | t of time during which the defendant may actually be
p |
| 26 | | hysically imprisoned. The Office of the State's Attorne |
|
| | HB5501 | - 2452 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | y shall further notify
the crime victim of the right to |
| 2 | | request from the Prisoner Review Board
or Department of Ju |
| 3 | | venile Justice information concerning the release of the defendant;
(11) shall request restit |
| 5 | | ution at sentencing and as part of a plea agreem |
| 6 | | ent if the victim requests restitution;
(12) shall, upon the court |
| 8 | | entering a verdict of not guilty by reason of insanity |
| 9 | | , inform the victim of the notification services availa |
| 10 | | ble from the Department of Human Services, including the s |
| 11 | | tatewide telephone number, under subparagraph (d)(2) of this Section;
(13) shall provide notic |
| 13 | | e within a reasonable time after receipt of notice from
the |
| 14 | | custodian, of the release of the defendant on pr |
| 15 | | etrial release or personal recognizance
or the release fro |
| 16 | | m detention of a minor who has been detained;
(14) shall explain in |
| 18 | | nontechnical language the details of any plea or verd |
| 19 | | ict of
a defendant, or any adjudication of a juvenile as a delinquent;
(15) shall make all reasonab |
| 21 | | le efforts to consult with the crime victim before the Offi |
| 22 | | ce of
the State's Attorney makes an offer of a plea bargain |
| 23 | | to the defendant or
enters into negotiations with the defen |
| 24 | | dant concerning a possible plea
agreement, and shall consi |
| 25 | | der the written statement, if prepared
prior to entering i |
| 26 | | nto a plea agreement. The right to consult with the prose |
|
| | HB5501 | - 2453 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | cutor does not include the right to veto a plea agreement o |
| 2 | | r to insist the case go to trial. If the State's Attorney |
| 3 | | has not consulted with the victim prior to making an o |
| 4 | | ffer or entering into plea negotiations with the defendant, |
| 5 | | the Office of the State's Attorney shall notify the |
| 6 | | victim of the offer or the negotiations within 2 busines |
| 7 | | s days and confer with the victim;
(16) shall provide notice o |
| 9 | | f the ultimate disposition of the cases arising from
an ind |
| 10 | | ictment or an information, or a petition to have a |
| 11 | | juvenile adjudicated
as a delinquent for a violent crime;
(17) shall provide notice |
| 13 | | of any appeal taken by the defendant and informa |
| 14 | | tion
on how to contact the appropriate agency handling the |
| 15 | | appeal, and how to request notice of any hearing, oral a |
| 16 | | rgument, or decision of an appellate court;
(18) shall provide timely |
| 18 | | notice of any request for post-conviction review fi |
| 19 | | led by the
defendant under Article 122 of the Code of Crimi |
| 20 | | nal Procedure of 1963, and of
the date, time and place of |
| 21 | | any hearing concerning the petition. Whenever
possible, n |
| 22 | | otice of the hearing shall be given within 48 hours of the |
| 23 | | court's scheduling of the hearing;
(19) shall forward a copy |
| 25 | | of any statement presented under Section 6 to the
Prisoner |
| 26 | | Review Board or Department of Juvenile Justice to |
|
| | HB5501 | - 2454 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | be considered in making a determination
under Section 3-2.5-85 or subsection (b) of Section 3-3-8 of the Unified Code of Corrections;
(20) shall, within a reasonable time, offer to
|
| 4 | | meet with the crime victim regarding the decision of the
|
| 5 | | State's Attorney not to charge an offense, and shall meet
|
| 6 | | with the victim, if the victim agrees. The victim has a
|
| 7 | | right to have an attorney, advocate, and other support
|
| 8 | | person of the victim's choice attend this meeting with the
|
| 9 | | victim; and (21) shall give the crime v |
| 11 | | ictim timely notice of any decision not to pursue charges |
| 12 | | and consider the safety of the victim when deciding how to give such |
| 13 | | notice. (c) The court shall ensure tha |
| 14 | | t the rights of the victim are af |
| 15 | | forded. (c-5) The following procedures s |
| 16 | | hall be followed to afford victims the rights guaranteed by Art |
| 17 | | icle I, Section 8.1 of the Illinois Constitution: (1) Written notice. A vic |
| 19 | | tim may complete a written notice of intent to assert rights |
| 20 | | on a form prepared by the Office of the Attorney General |
| 21 | | and provided to the victim by the State's Attorney. |
| 22 | | The victim may at any time provide a revised written notice |
| 23 | | to the State's Attorney. The State's Attorney shall fi |
| 24 | | le the written notice with the court. At the beginning |
| 25 | | of any court proceeding in which the right of a victim may |
| 26 | | be at issue, the court and prosecutor shall review the w |
|
| | HB5501 | - 2455 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ritten notice to determine whether the victim has asserte |
| 2 | | d the right that may be at issue. (2) Victim's retained atto |
| 4 | | rney. A victim's attorney shall file an entry of appearan |
| 5 | | ce limited to assertion of the victim's rights. Upon |
| 6 | | the filing of the entry of appearance and service on th |
| 7 | | e State's Attorney and the defendant, the attorney i |
| 8 | | s to receive copies of all notices, motions and court orde |
| 9 | | rs filed thereafter in the case. (3) Standing. The victim |
| 11 | | has standing to assert the rights enumerated in subsection |
| 12 | | (a) of Article I, Section 8.1 of the Illinois Constitutio |
| 13 | | n and the statutory rights under Section 4 of this A |
| 14 | | ct in any court exercising jurisdiction over the crimi |
| 15 | | nal case. The prosecuting attorney, a victim, or the vict |
| 16 | | im's retained attorney may assert the victim's rights. The |
| 17 | | defendant in the criminal case has no standing to assert a |
| 18 | | right of the victim in any court proceeding, including on appeal. (4) Assertion of and enforcement of rights. (A) The prosecuti |
| 21 | | ng attorney shall assert a victim's right or request |
| 22 | | enforcement of a right by filing a motion or by ora |
| 23 | | lly asserting the right or requesting enforcement in |
| 24 | | open court in the criminal case outside the presence of |
| 25 | | the jury. The prosecuting attorney shall consu |
| 26 | | lt with the victim and the victim's attorney |
|
| | HB5501 | - 2456 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | regarding the assertion or enforcement of a right. I |
| 2 | | f the prosecuting attorney decides not to assert or enf |
| 3 | | orce a victim's right, the prosecuting attorney shal |
| 4 | | l notify the victim or the victim's attorney in su |
| 5 | | fficient time to allow the victim or the victim's attor |
| 6 | | ney to assert the right or to seek enforcement of a right. (B) If the prosecut |
| 8 | | ing attorney elects not to assert a victim's right o |
| 9 | | r to seek enforcement of a right, the victim or the vi |
| 10 | | ctim's attorney may assert the victim's right or requ |
| 11 | | est enforcement of a right by filing a motion or by ora |
| 12 | | lly asserting the right or requesting enforcement in |
| 13 | | open court in the criminal case outside the presence of the jury. (C) If the prosecuting a |
| 15 | | ttorney asserts a victim's right or seeks enforcem |
| 16 | | ent of a right, unless the prosecuting attorney objec |
| 17 | | ts or the trial court does not allow it, the victim or |
| 18 | | the victim's attorney may be heard regarding the pro |
| 19 | | secuting attorney's motion or may file a simultaneous m |
| 20 | | otion to assert or request enforcement of the victim |
| 21 | | 's right. If the victim or the victim's attorney was |
| 22 | | not allowed to be heard at the hearing regarding |
| 23 | | the prosecuting attorney's motion, and the co |
| 24 | | urt denies the prosecuting attorney's assertion |
| 25 | | of the right or denies the request for enforcement |
| 26 | | of a right, the victim or victim's attorney may f |
|
| | HB5501 | - 2458 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | der Section 5 of this Act; and (iii) |
| 3 | | have the authority to make recommendations to em |
| 4 | | ployees and offices of the State of Illinois to r |
| 5 | | espond more effectively to the needs of crime vi |
| 6 | | ctims, including regarding the violation of the rights of a crime victim. (F) Crime victims' righ |
| 8 | | ts may also be asserted by
filing a complaint fo |
| 9 | | r mandamus, injunctive, or
declaratory relief in the |
| 10 | | jurisdiction in which the
victim's right is being violated |
| 11 | | or where the crime is
being prosecuted. For comp |
| 12 | | laints or motions filed by or on behalf of the victim |
| 13 | | , the clerk of court shall waive
filing fees that woul |
| 14 | | d otherwise be owed by the victim
for any court |
| 15 | | filing with the purpose of enforcing crime victims' r |
| 16 | | ights. If the court denies the relief
sought by the v |
| 17 | | ictim, the reasons for the denial shall
be clearly s |
| 18 | | tated on the record in the transcript of
the proceedi |
| 19 | | ngs, in a written opinion, or in the
docket entry, and |
| 20 | | the victim may appeal the circuit
court's decision t |
| 21 | | o the appellate court. The court
shall issue prompt |
| 22 | | rulings regarding victims' rights.
Proceedings seeking |
| 23 | | to enforce victims' rights shall
not be stayed or sub |
| 24 | | ject to unreasonable delay via
continuances. (5) Violation of rights and remedies. (A) If the court determ |
|
| | HB5501 | - 2459 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ines that a victim's right has been violated, the |
| 2 | | court shall determine the appropriate remedy for the |
| 3 | | violation of the victim's right by hearing from t |
| 4 | | he victim and the parties, considering all factors |
| 5 | | relevant to the issue, and then awarding appropriate relief to the victim. (A-5) Consideration of |
| 7 | | an issue of a substantive nature or an issue that imp |
| 8 | | licates the constitutional or statutory right of a vi |
| 9 | | ctim at a court proceeding labeled as a status hearing |
| 10 | | shall constitute a per se violation of a victim's right. (B) The appropriate |
| 12 | | remedy shall include only actions necessary to provi |
| 13 | | de the victim the right to which the victim was entit |
| 14 | | led. Remedies may include, but are not limited to: i |
| 15 | | njunctive relief requiring the victim's right t |
| 16 | | o be afforded; declaratory judgment recognizing |
| 17 | | or clarifying the victim's rights; a writ of mandamus; |
| 18 | | and may include reopening previously held proceed |
| 19 | | ings; however, in no event shall the court vacate a co |
| 20 | | nviction. Any remedy shall be tailored to provide |
| 21 | | the victim an appropriate remedy without violating a |
| 22 | | ny constitutional right of the defendant. In no e |
| 23 | | vent shall the appropriate remedy to the victim be a new trial or damages. The court shall impose a |
| 25 | | mandatory training course provided by the Attorney Gene |
| 26 | | ral for the employee under item (ii) of subparagraph (E) of |
|
| | HB5501 | - 2461 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | evance, admissibility, and materiality of the antici |
| 2 | | pated testimony. The court shall consider the motion a |
| 3 | | nd make findings within 30 days of the filing of the mot |
| 4 | | ion. If the court finds by a preponderance of |
| 5 | | the evidence that: (i) the anticipated testimony is no |
| 6 | | t protected by an absolute privilege; and (ii) the anti |
| 7 | | cipated testimony contains relevant, admissible, and |
| 8 | | material evidence that is not available through other |
| 9 | | witnesses or evidence, the court shall issue a subpoena |
| 10 | | requiring the advocate to appear to testify at |
| 11 | | an in camera hearing. The prosecuting attorney and the |
| 12 | | victim shall have 15 days to seek appellate rev |
| 13 | | iew before the advocate is required to testif |
| 14 | | y at an ex parte in camera proceeding. The prosecuting att |
| 16 | | orney, the victim, and the advocate's attorney shall b |
| 17 | | e allowed to be present at the ex parte in cam |
| 18 | | era proceeding. If, after conducting the ex parte in |
| 19 | | camera hearing, the court determines that due proc |
| 20 | | ess requires any testimony regarding confidential or |
| 21 | | privileged information or communications, the |
| 22 | | court shall provide to the prosecuting attorney, the |
| 23 | | victim, and the advocate's attorney a written memorand |
| 24 | | um on the substance of the advocate's testimony. The |
| 25 | | prosecuting attorney, the victim, and the advocate's a |
| 26 | | ttorney shall have 15 days to seek appellate revie |
|
| | HB5501 | - 2462 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | w before a subpoena may be issued for the advocat |
| 2 | | e to testify at trial. The presence of the prosecutin |
| 3 | | g attorney at the ex parte in camera proceeding does |
| 4 | | not make the substance of the advocate's testimon |
| 5 | | y that the court has ruled inadmissible subject to discovery. (B) If a victim has as |
| 7 | | serted the right to have a support person present at |
| 8 | | the court proceedings, the victim shall provide the nam |
| 9 | | e of the person the victim has chosen to be the vict |
| 10 | | im's support person to the prosecuting attorney, wi |
| 11 | | thin 60 days of trial. The prosecuting attorney sha |
| 12 | | ll provide the name to the defendant. If the def |
| 13 | | endant intends to call the support person as a witne |
| 14 | | ss at trial, the defendant must seek permission of the |
| 15 | | court before a subpoena is issued. The defendant mus |
| 16 | | t file a written motion at least 45 days prio |
| 17 | | r to trial that sets forth specifically the issues o |
| 18 | | n which the support person will testify and an offer o |
| 19 | | f proof regarding: (i) the content of the anticipate |
| 20 | | d testimony of the support person; and (ii) the rel |
| 21 | | evance, admissibility, and materiality of the anticipated testimony. If the prosecuting at |
| 23 | | torney intends to call the support person as a |
| 24 | | witness during the State's case-in-chief, the prosecu |
| 25 | | ting attorney shall inform the court of this int |
| 26 | | ent in the response to the defendant's written motion |
|
| | HB5501 | - 2463 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | . The victim may choose a different person to be th |
| 2 | | e victim's support person. The court may allow the |
| 3 | | defendant to inquire about matters outside the scope |
| 4 | | of the direct examination during cross-examinatio |
| 5 | | n. If the court allows the defendant to do so, t |
| 6 | | he support person shall be allowed to remain in the c |
| 7 | | ourtroom after the support person has testified |
| 8 | | . A defendant who fails to question the support person |
| 9 | | about matters outside the scope of direct exam |
| 10 | | ination during the State's case-in-chief waives |
| 11 | | the right to challenge the presence of the support pe |
| 12 | | rson on appeal. The court shall allow the support pers |
| 13 | | on to testify if called as a witness in the defendant's case-in-chief or the State's rebuttal. If the court does |
| 16 | | not allow the defendant to inquire about matters outsi |
| 17 | | de the scope of the direct examination, the support |
| 18 | | person shall be allowed to remain in the courtroom af |
| 19 | | ter the support person has been called by the defe |
| 20 | | ndant or the defendant has rested. The court shall a |
| 21 | | llow the support person to testify in the State's rebuttal. If the prosecuting a |
| 23 | | ttorney does not intend to call the support person in the State's |
| 24 | | case-in-chief, the court shall verify with |
| 25 | | the support person whether the support person, if |
| 26 | | called as a witness, would testify as set forth in t |
|
| | HB5501 | - 2464 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | he offer of proof. If the court finds that the suppo |
| 2 | | rt person would testify as set forth in the offer of p |
| 3 | | roof, the court shall rule on the relevance, materia |
| 4 | | lity, and admissibility of the anticipated testimon |
| 5 | | y. If the court rules the anticipated testimony is a |
| 6 | | dmissible, the court shall issue the subpoena. The su |
| 7 | | pport person may remain in the courtroom after the su |
| 8 | | pport person testifies and shall be allowed to testify in rebuttal. If the court excludes t |
| 10 | | he victim's support person during the State's case-in- |
| 11 | | chief, the victim shall be allowed to choose another su |
| 12 | | pport person to be present in court. If the victim fails to |
| 14 | | designate a support person within 60 days of t |
| 15 | | rial and the defendant has subpoenaed the support perso |
| 16 | | n to testify at trial, the court may exclude the sup |
| 17 | | port person from the trial until the support pers |
| 18 | | on testifies. If the court excludes the support pe |
| 19 | | rson the victim may choose another person as a support person. (9) Right to notice and hea |
| 21 | | ring before disclosure of confidential or privileged information or records. (A) A defendant who seek |
| 23 | | s to subpoena testimony or records of or conc |
| 24 | | erning the victim that are confidential or privileged b |
| 25 | | y law must seek permission of the court before th |
| 26 | | e subpoena is issued. The defendant must file a writ |
|
| | HB5501 | - 2465 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ten motion and an offer of proof regarding the re |
| 2 | | levance, admissibility and materiality of the testimony |
| 3 | | or records. If the court finds by a preponderance of the evidence that: (i) the testimony or |
| 5 | | records are not protected by an absolute privilege and (ii) the te |
| 7 | | stimony or records contain relevant, admissible, |
| 8 | | and material evidence that is not available |
| 9 | | through other witnesses or evidence, the co |
| 10 | | urt shall issue a subpoena requiring the witnes |
| 11 | | s to appear in camera or a sealed copy of the r |
| 12 | | ecords be delivered to the court to be revi |
| 13 | | ewed in camera. If, after conducting an in ca |
| 14 | | mera review of the witness statement or records, |
| 15 | | the court determines that due process requires d |
| 16 | | isclosure of any potential testimony or any portion |
| 17 | | of the records, the court shall provide cop |
| 18 | | ies of the records that it intends to disclose t |
| 19 | | o the prosecuting attorney and the victim. The pr |
| 20 | | osecuting attorney and the victim shall have 30 day |
| 21 | | s to seek appellate review before the records are d |
| 22 | | isclosed to the defendant, used in any court p |
| 23 | | roceeding, or disclosed to anyone or in any |
| 24 | | way that would subject the testimony or rec |
| 25 | | ords to public review. The disclosure of co |
| 26 | | pies of any portion of the testimony or records t |
|
| | HB5501 | - 2466 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | o the prosecuting attorney under this Section |
| 2 | | does not make the records subject to discovery or |
| 3 | | required to be provided to the defendant. (B) A prosecuting atto |
| 5 | | rney who seeks to subpoena information or records conc |
| 6 | | erning the victim that are confidential or privileged |
| 7 | | by law must first request the written consent of the c |
| 8 | | rime victim. If the victim does not provide such writte |
| 9 | | n consent, including where necessary the appropriate si |
| 10 | | gned document required for waiving privilege, the prose |
| 11 | | cuting attorney must serve the subpoena at least 2 |
| 12 | | 1 days prior to the date a response or appearanc |
| 13 | | e is required to allow the subject of the subpoena time |
| 14 | | to file a motion to quash or request a hearing. The |
| 15 | | prosecuting attorney must also send a written notice |
| 16 | | to the victim at least 21 days prior to the response d |
| 17 | | ate to allow the victim to file a motion or request a |
| 18 | | hearing. The notice to the victim shall inform the vict |
| 19 | | im (i) that a subpoena has been issued for confident |
| 20 | | ial information or records concerning the victim, (i |
| 21 | | i) that the victim has the right to request a hearing |
| 22 | | prior to the response date of the subpoena, and (iii) h |
| 23 | | ow to request the hearing. The notice to the victim sh |
| 24 | | all also include a copy of the subpoena. If requeste |
| 25 | | d, a hearing regarding the subpoena shall occur before |
| 26 | | information or records are provided to the prosecuting attorney. (10) Right to notice of |
| 2 | | court proceedings. If the victim is not present at a co |
| 3 | | urt proceeding in which a right of the victim is at issu |
| 4 | | e, the court shall ask the prosecuting attorney whether |
| 5 | | the victim was notified of the time, place, and purpose o |
| 6 | | f the court proceeding and that the victim had a righ |
| 7 | | t to be heard at the court proceeding. If the court determi |
| 8 | | nes that timely notice was not given or that the victim w |
| 9 | | as not adequately informed of the nature of the court proce |
| 10 | | eding, the court shall not rule on any substantive issues, |
| 11 | | accept a plea, or impose a sentence and shall continu |
| 12 | | e the hearing for the time necessary to notify the vic |
| 13 | | tim of the time, place and nature of the court proceeding |
| 14 | | . The time between court proceedings shall not be attri |
| 15 | | butable to the State under Section 103-5 of the Code of Criminal Procedure of 1963. (11) Right to timely disposit |
| 17 | | ion of the case. A victim has the right to timely dispos |
| 18 | | ition of the case so as to minimize the stress, cost, a |
| 19 | | nd inconvenience resulting from the victim's involvement i |
| 20 | | n the case. Before ruling on a motion to continue trial |
| 21 | | or other court proceeding, the court shall inquire into |
| 22 | | the circumstances for the request for the delay and, |
| 23 | | if the victim has provided written notice of the assertio |
| 24 | | n of the right to a timely disposition, and whether the vic |
| 25 | | tim objects to the delay. If the victim objects, the p |
| 26 | | rosecutor shall inform the court of the victim's objectio |
|
| | HB5501 | - 2468 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ns. If the prosecutor has not conferred with the victim |
| 2 | | about the continuance, the prosecutor shall inform th |
| 3 | | e court of the attempts to confer. If the court finds the |
| 4 | | attempts of the prosecutor to confer with the victim were |
| 5 | | inadequate to protect the victim's right to be heard |
| 6 | | , the court shall give the prosecutor at least 3 but not mo |
| 7 | | re than 5 business days to confer with the victim. In rulin |
| 8 | | g on a motion to continue, the court shall consider the |
| 9 | | reasons for the requested continuance, the number and l |
| 10 | | ength of continuances that have been granted, the victim's |
| 11 | | objections and procedures to avoid further delays. If a c |
| 12 | | ontinuance is granted over the victim's objection, the |
| 13 | | court shall specify on the record the reasons for the cont |
| 14 | | inuance and the procedures that have been or will be taken to avoid further delays. (12) Right to Restitution. (A) If the victim |
| 17 | | has asserted the right to restitution and the amount |
| 18 | | of restitution is known at the time of sentencing, |
| 19 | | the court shall enter the judgment of restitution at the time of sentencing. (B) If the victim |
| 21 | | has asserted the right to restitution and the amount o |
| 22 | | f restitution is not known at the time of sentenc |
| 23 | | ing, the prosecutor shall, within 5 days after sentenci |
| 24 | | ng, notify the victim what information and documentat |
| 25 | | ion related to restitution is needed and that the inf |
| 26 | | ormation and documentation must be provided to the |
|
| | HB5501 | - 2469 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | prosecutor within 45 days after sentencing. |
| 2 | | Failure to timely provide information and documentat |
| 3 | | ion related to restitution shall be deemed a waiver of |
| 4 | | the right to restitution. The prosecutor shall fil |
| 5 | | e and serve within 60 days after sentencing a propose |
| 6 | | d judgment for restitution and a notice that includes |
| 7 | | information concerning the identity of any victim |
| 8 | | s or other persons seeking restitution, whether |
| 9 | | any victim or other person expressly declines restitut |
| 10 | | ion, the nature and amount of any damages to |
| 11 | | gether with any supporting documentation, a restitut |
| 12 | | ion amount recommendation, and the names of any co-defendants and their case numbers. Within 30 days aft |
| 14 | | er receipt of the proposed judgment for restitution, th |
| 15 | | e defendant shall file any objection to the propose |
| 16 | | d judgment, a statement of grounds for the objection, |
| 17 | | and a financial statement. If the defendant does not fi |
| 18 | | le an objection, the court may enter the judgment for r |
| 19 | | estitution without further proceedings. If the defend |
| 20 | | ant files an objection and either party requests |
| 21 | | a hearing, the court shall schedule a hearing. (13) Access to presentence reports. (A) The victim |
| 24 | | may request a copy of the presentence report prepared |
| 25 | | under the Unified Code of Corrections from the Stat |
| 26 | | e's Attorney. The State's Attorney shall redact the fo |
|
| | HB5501 | - 2471 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | onstitutional right of the defendant. If the appella |
| 2 | | te court denies the relief sought, the reasons for the deni |
| 3 | | al shall be clearly stated in a written opinion. In any appe |
| 4 | | al in a criminal case, the State may assert as error the c |
| 5 | | ourt's denial of any crime victim's right in the proc |
| 6 | | eeding to which the appeal relates. (15) Limitation on appellat |
| 8 | | e relief. In no case shall an appellate court provide |
| 9 | | a new trial to remedy the violation of a victim's right. (16) The right to be rea |
| 11 | | sonably protected from the accused throughout the crimin |
| 12 | | al justice process and the right to have the safety of t |
| 13 | | he victim and the victim's family considered in determin |
| 14 | | ing whether to release the defendant, and setting conditio |
| 15 | | ns of release after arrest and conviction. A victim of d |
| 16 | | omestic violence, a sexual offense, or stalking may request |
| 17 | | the entry of a protective order under Article 112A of the |
| 18 | | Code of Criminal Procedure o |
| 19 | | f 1963. (d) Procedures after the imposition of sentence. (1) The Prisoner Review Boar |
| 21 | | d shall inform a victim or any other
concerned citizen, up |
| 22 | | on written request, of the prisoner's release on pa |
| 23 | | role,
mandatory supervised release, electronic detention, w |
| 24 | | ork release, international transfer or exchange, or by the |
| 25 | |
custodian, other than the Department of Juvenile Justic |
| 26 | | e, of the discharge of any individual who was adjudicate |
|
| | HB5501 | - 2472 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | d a delinquent
for a crime from State custody and by the |
| 2 | | sheriff of the appropriate
county of any such person's f |
| 3 | | inal discharge from county custody.
The Prisoner Review Bo |
| 4 | | ard, upon written request, shall provide to a victim or
any |
| 5 | | other concerned citizen a recent photograph of any per |
| 6 | | son convicted of a
felony, upon his or her release from cu |
| 7 | | stody.
The Prisoner
Review Board, upon written request, sh |
| 8 | | all inform a victim or any other
concerned citizen whe |
| 9 | | n feasible at least 7 days prior to the prisoner's releas |
| 10 | | e
on furlough of the times and dates of such furlough. U |
| 11 | | pon written request by
the victim or any other conc |
| 12 | | erned citizen, the State's Attorney shall notify
the pe |
| 13 | | rson once of the times and dates of release of a pris |
| 14 | | oner sentenced to
periodic imprisonment. Notification |
| 15 | | shall be based on the most recent
information as to the v |
| 16 | | ictim's or other concerned citizen's residence or other |
| 17 | |
location available to the notifying authority.
(2) When the defendant |
| 19 | | has been committed to the Department of
Human Services pursuant to Se |
| 20 | | ction 5-2-4 or any other
provision of the Un |
| 21 | | ified Code of Corrections, the victim may request to be |
| 22 | |
notified by the releasing authority of the approval by the co |
| 23 | | urt of an on-grounds pass, a supervised off-gro |
| 24 | | unds pass, an unsupervised off-grounds pass, or condition |
| 25 | | al release; the release on an off-grounds pass; the return from |
| 26 | | an off-grounds pass; transfer to another facility; co |
|
| | HB5501 | - 2473 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | nditional release; escape; death; or final dischar |
| 2 | | ge from State
custody. The Department of Human Services sh |
| 3 | | all establish and maintain a statewide telephone number to |
| 4 | | be used by victims to make notification requests under |
| 5 | | these provisions and shall publicize this telephone number |
| 6 | | on its website and to the State's Attorney of each county.
(3) In the event of an esca |
| 8 | | pe from State custody, the Department of
Corrections or |
| 9 | | the Department of Juvenile Justice immediately shall notify |
| 10 | | the Prisoner Review Board of the escape
and the Prisoner |
| 11 | | Review Board shall notify the victim. The notification sh |
| 12 | | all
be based upon the most recent information as to the v |
| 13 | | ictim's residence or other
location available to the Board. |
| 14 | | When no such information is available, the
Board shall m |
| 15 | | ake all reasonable efforts to obtain the information and ma |
| 16 | | ke
the notification. When the escapee is apprehended, the |
| 17 | | Department of
Corrections or the Department of Juvenile |
| 18 | | Justice immediately shall notify the Prisoner Review |
| 19 | | Board and the Board
shall notify the victim.
(4) The victim of the crime |
| 21 | | for which the prisoner has been sentenced
has the right to |
| 22 | | register with the Prisoner Review Board's victim registry |
| 23 | | . Victims registered with the Board shall receive reasonab |
| 24 | | le written notice not less than 30 days prior to th |
| 25 | | e
parole hearing or target aftercare release date. The vict |
| 26 | | im has the right to submit a victim statement for con |
|
| | HB5501 | - 2474 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | sideration by the Prisoner Review Board or the Departm |
| 2 | | ent of Juvenile Justice in writing, on film, videotape, or |
| 3 | | other electronic means, or in the form of a recording prio |
| 4 | | r to the parole hearing or target aftercare release date, |
| 5 | | or in person at the parole hearing or aftercare rele |
| 6 | | ase protest hearing, or by calling the toll-free number est |
| 7 | | ablished in subsection (f) of this Section. The
victim |
| 8 | | shall be notified within 7 days after the prisoner |
| 9 | | has been granted
parole or aftercare release and shall b |
| 10 | | e informed of the right to inspect the registry of par |
| 11 | | ole
decisions, established under subsection (g) of Section 3-3-5 of the Unified
Code of Corrections. The provisions |
| 13 | | of this paragraph (4) are subject to the
Open Parole Heari |
| 14 | | ngs Act. Victim statements provided to the Board |
| 15 | | shall be confidential and privileged, including any st |
| 16 | | atements received prior to January 1, 2020 (the ef |
| 17 | | fective date of Public Act 101-288), except if the state |
| 18 | | ment was an oral statement made by the victim at a hearing open to the public.
(4-1) The crime victim |
| 20 | | has the right to submit a victim statement for considerat |
| 21 | | ion by the Prisoner Review Board or the Department of Juven |
| 22 | | ile Justice prior to or at a hearing to determine t |
| 23 | | he conditions of mandatory supervised release of a person |
| 24 | | sentenced to a determinate sentence or at a hearing |
| 25 | | on revocation of mandatory supervised release of a person |
| 26 | | sentenced to a determinate sentence. A victim statement ma |
|
| | HB5501 | - 2475 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | y be submitted in writing, on film, videotape, or other e |
| 2 | | lectronic means, or in the form of a recording, or orally a |
| 3 | | t a hearing, or by calling the toll-free number established |
| 4 | | in subsection (f) of this Section. Victim statements prov |
| 5 | | ided to the Board shall be confidential and privileged |
| 6 | | , including any statements received prior to January 1, 2 |
| 7 | | 020 (the effective date of Public Act 101-288), except if |
| 8 | | the statement was an oral statement made by the victi |
| 9 | | m at a hearing open to the public. (4-2) The crime victim |
| 11 | | has the right to submit a victim statement to the |
| 12 | | Prisoner Review Board for consideration at an executive cl |
| 13 | | emency hearing as provided in Section 3-3-13 of the Unifi |
| 14 | | ed Code of Corrections. A victim statement may be subm |
| 15 | | itted in writing, on film, videotape, or other electronic |
| 16 | | means, or in the form of a recording prior to a hearing, or |
| 17 | | orally at a hearing, or by calling the toll-free number est |
| 18 | | ablished in subsection (f) of this Section. Victim statem |
| 19 | | ents provided to the Board shall be confidential and |
| 20 | | privileged, including any statements received pri |
| 21 | | or to January 1, 2020 (the effective date of Public Act 101 |
| 22 | | -288), except if the statement was an oral stateme |
| 23 | | nt made by the victim at a hearing open to the public. (5) If a statement is pres |
| 25 | | ented under Section 6, the Prisoner Review Board or Depa |
| 26 | | rtment of Juvenile Justice
shall inform the victim of any o |
|
| | HB5501 | - 2476 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rder of discharge pursuant
to Section 3-2.5-85 or 3-3-8 of the Unified Code of Corrections.
(6) At the written or oral re |
| 4 | | quest of the victim of the crime for which the
prisoner wa |
| 5 | | s sentenced or the State's Attorney of the county where th |
| 6 | | e person seeking parole or aftercare release was prose |
| 7 | | cuted, the Prisoner Review Board or Department of Juvenil |
| 8 | | e Justice shall notify the victim and the State's Attorn |
| 9 | | ey of the county where the person seeking parole or afterc |
| 10 | | are release was prosecuted of
the death of the prisoner if |
| 11 | | the prisoner died while on parole or aftercare relea |
| 12 | | se or mandatory
supervised release.
(7) When a defendant who |
| 14 | | has been committed to the Department of
Corrections, |
| 15 | | the Department of Juvenile Justice, or the Department of |
| 16 | | Human Services is released or discharged and
subsequently c |
| 17 | | ommitted to the Department of Human Services as a sexua |
| 18 | | lly
violent person and the victim had requested to be |
| 19 | | notified by the releasing
authority of the defendan |
| 20 | | t's discharge, conditional release, death, or esca |
| 21 | | pe from State custody, the releasing
authority shall pr |
| 22 | | ovide to the Department of Human Services such inform |
| 23 | | ation
that would allow the Department of Human Services to contact the victim.
(8) When a defendant h |
| 25 | | as been convicted of a sex offense as defined in Sec |
| 26 | | tion 2 of the Sex Offender Registration Act and has been s |
|
| | HB5501 | - 2477 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | entenced to the Department of Corrections or the Departmen |
| 2 | | t of Juvenile Justice, the Prisoner Review Board or |
| 3 | | the Department of Juvenile Justice shall notify the victim |
| 4 | | of the sex offense of the prisoner's eligibility for re |
| 5 | | lease on parole, aftercare release,
mandatory supe |
| 6 | | rvised release, electronic detention, work release, |
| 7 | | international transfer or exchange, or by the
custodi |
| 8 | | an of the discharge of any individual who was adjudica |
| 9 | | ted a delinquent
for a sex offense from State custody |
| 10 | | and by the sheriff of the appropriate
county of any suc |
| 11 | | h person's final discharge from county custody. The notific |
| 12 | | ation shall be made to the victim at least 30 days, wheneve |
| 13 | | r possible, before release of the sex of |
| 14 | | fender. (e) The officials named in thi |
| 15 | | s Section may satisfy some or all of their
obligations to |
| 16 | | provide notices and other information through participation |
| 17 | | in a
statewide victim and witness notification system e |
| 18 | | stablished by the Attorney
General under Section 8.5 of th |
| 19 | | is Act.
(f) The Prisoner Review Board
shall e |
| 20 | | stablish a toll-free number that may be accessed by the |
| 21 | | crime victim to present a victim statement to the Board in |
| 22 | | accordance with paragraphs (4), (4-1), and (4-2) of subs |
| 23 | | ection (d).
(Source: P.A. 101-81, eff. 7-12-19; 101-288 |
| 24 | | , eff. 1-1-20; 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff. 8-20-21; revised 12-13-21.)
Section 635. The Privacy of |
| 2 | | Child Victims of Criminal Sexual Offenses Act is amended |
| 3 | | by changing Section 3 as follows:
(725 ILCS 190/3) (from Ch. 38, par. 1453)
Sec. 3. Confidentiality of |
| 6 | | Law Enforcement and Court Records. Notwithstanding any |
| 7 | | other law to the contrary, inspection and copying of
law enfo |
| 8 | | rcement records maintained by any law enforcement agency or |
| 9 | | all circuit
court records maintained by any circuit clerk rel |
| 10 | | ating to any investigation
or proceeding pertaining to a crimi |
| 11 | | nal sexual offense, by any person, except a
judge, state's a |
| 12 | | ttorney, assistant state's attorney, Attorney General, A |
| 13 | | ssistant Attorney General, psychologist,
psychiatrist, soci |
| 14 | | al worker, doctor, parent, parole agent, aftercare spec |
| 15 | | ialist, probation officer,
defendant, defendant's
attor |
| 16 | | ney, advocate, or victim's attorney (as defined in Section 3 of the Illin |
| 17 | | ois Rights of Crime Victims and Witnesses Act) in |
| 18 | | any criminal proceeding or investigation related thereto, shal |
| 19 | | l
be restricted to exclude the identity of any child who is |
| 20 | | a victim of such
criminal sexual offense or alleged crimin |
| 21 | | al sexual offense unless a court order is issued autho |
| 22 | | rizing the removal of such restriction as provided under th |
| 23 | | is Section of a particular case record or particular records |
| 24 | | of cases maintained by any circuit court clerk. A court may, |
| 25 | | for
the child's protection and for good cause shown, pro |
|
| | HB5501 | - 2479 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | hibit any person or
agency present in court from further disclosing the child's id |
| 2 | | entity.
A court may prohibit such di |
| 3 | | sclosure only after giving notice and a hearing to all affect |
| 4 | | ed parties. In determining whether to prohibit disclosure of |
| 5 | | the minor's identity, the court shall consider: (1) the best interest of the child; and (2) whether such non |
| 8 | | disclosure would further a compelling State in |
| 9 | | terest. When a criminal sexual offense |
| 10 | | is committed or alleged to have been
committed by a schoo |
| 11 | | l district employee or any individual contractually employed by |
| 12 | | a school district, a copy of the criminal history record i |
| 13 | | nformation relating to the investigation of the offense o |
| 14 | | r alleged offense shall be
transmitted to the superintendent |
| 15 | | of schools
of the district immediately upon request or if |
| 16 | | the law enforcement agency knows that a school district e |
| 17 | | mployee or any individual contractually employed by a school |
| 18 | | district has committed or is alleged to have committed a cr |
| 19 | | iminal sexual offense, the superintendent of schools
of the dis |
| 20 | | trict shall be immediately provided a copy of the criminal hi |
| 21 | | story record information. The copy of the criminal histor |
| 22 | | y record information to be provided under this Section shall e |
| 23 | | xclude the identity of the child victim. The superintenden |
| 24 | | t shall be restricted from
revealing the identity of the victi |
| 25 | | m. Nothing in this Article precludes or may be used to preclud |
| 26 | | e a mandated reporter from reporting child abuse or child neg |
|
| | HB5501 | - 2481 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any circuit clerk relating to any investigation or proceedin |
| 2 | | g pertaining to a criminal sexual offense, by any perso |
| 3 | | n, except a judge, State's Attorney, Assistant State's A |
| 4 | | ttorney, Attorney General, Assistant Attorney General, psycholo |
| 5 | | gist, psychiatrist, social worker, doctor, parole agent, after |
| 6 | | care specialist, probation officer, defendant, defendan |
| 7 | | t's attorney, advocate, or victim's attorney (as
defined in |
| 8 | | Section 3 of the Illinois Rights of Crime Victims and Witn |
| 9 | | esses Act) in any criminal proceeding or investigatio |
| 10 | | n related thereto shall be restricted to exclude the identity o |
| 11 | | f any adult victim of such criminal sexual offense or alleg |
| 12 | | ed criminal sexual offense unless a court order is issued autho |
| 13 | | rizing the removal of such restriction as provided under th |
| 14 | | is Section of a particular case record or particular records |
| 15 | | of cases maintained by any circuit cour |
| 16 | | t clerk. A court may, for the adult v |
| 17 | | ictim's protection and for good cause shown, prohibit any p |
| 18 | | erson or agency present in court from further disclosing the |
| 19 | | adult victim's identity. A court may prohibit such disclosur |
| 20 | | e only after giving notice and a hearing to all affected parti |
| 21 | | es. In determining whether to prohibit disclosure of the adult victim's identi |
| 22 | | ty, the court shall consider: (1) the best interest of the adult victim; and (2) whether such non |
| 25 | | disclosure would further a compelling Stat |
| 26 | | e interest.
(Source: P.A. 102-652, eff. 1-1-22; revised 11-24-21.)
Section 645. The Sexual Assault |
| 2 | | Evidence Submission Act is amended by changing Section 50 as follows:
(725 ILCS 202/50) Sec. 50. Sexual assault evidence tracking system. (a) On June 26, 2018, the Sexual |
| 6 | | Assault Evidence Tracking and Reporting Commission issued it |
| 7 | | s report as required under Section 43. It is the intention |
| 8 | | of the General Assembly in enacting the provisions of this a |
| 9 | | mendatory Act of the 101st General Assembly to implement |
| 10 | | the recommendations of the Sexual Assault Evidence Tracking an |
| 11 | | d Reporting Commission set forth in that report in a manner |
| 12 | | that utilizes the current resources of law enforcement agen |
| 13 | | cies whenever possible and that is adaptable to changing technologies and circum |
| 14 | | stances. (a-1) Due to the complex natu |
| 15 | | re of a statewide tracking system for sexual assault |
| 16 | | evidence and
to ensure all stakeholders, including, but not lim |
| 17 | | ited to, victims and their designees, health care facilities, |
| 18 | | law enforcement agencies, forensic labs, and State's Attorne |
| 19 | | ys offices are integrated, the Commission recommended the |
| 20 | | purchase of an
electronic off-the-shelf tracking system. |
| 21 | | The system must be able to communicate with all
stakeholders a |
| 22 | | nd provide real-time information to a victim or his or her |
| 23 | | designee on the status
of the evidence that was collected. T |
| 24 | | he sexual assault evidence tracking system must: (1) be electronic and web-based; (2) be administered by the Illinois State Police; (3) have help desk availability at all times; (4) ensure the law e |
| 5 | | nforcement agency contact information is accessible t |
| 6 | | o the
victim or his or her designee through the tracking s |
| 7 | | ystem, so there is contact
information for questions; (5) have the option fo |
| 9 | | r external connectivity to evidence management syste |
| 10 | | ms,
laboratory information management systems, or oth |
| 11 | | er electronic data
systems already in existence by |
| 12 | | any of the stakeholders to minimize additional
burdens or tasks on stakeholders; (6) allow for the vict |
| 14 | | im to opt in for automatic notifications when status |
| 15 | | updates are
entered in the system, if the system allows; (7) include at each st |
| 17 | | ep in the process, a brief explanation of the general |
| 18 | | purpose of that
step and a general indication of how |
| 19 | | long the step may take to complete; (8) contain minimum fields f |
| 21 | | or tracking and reporting, as follows: (A) for sexual assault evidence kit vendor fields: (i) each sexual e |
| 24 | | vidence kit identification number provided to each health care
facility; and (ii) the date the se |
| 26 | | xual evidence kit was sent to the health care
facility. (B) for health care
facility fields: (i) the date s |
| 3 | | exual assault evidence was collected; and (ii) the date notifi |
| 5 | | cation was made to the law enforcement agenc |
| 6 | | y that the sexual assault evidence was collected. (C) for law enforcement agency fields: (i) the date the l |
| 9 | | aw enforcement agency took possession of the sexual |
| 10 | | assault evidence from the health care facilit |
| 11 | | y,
another law enforcement agency, or victim if he or |
| 12 | | she did not go through a health care facility; (ii) the law en |
| 14 | | forcement agency complaint number; (iii) if the law enf |
| 16 | | orcement agency that takes possession of the sexu |
| 17 | | al assault evidence from a health care facility |
| 18 | | is not the law enforcement agency
with jurisdi |
| 19 | | ction in which the offense occurred, the date when |
| 20 | | the law enforcement agency
notified the law |
| 21 | | enforcement agency having jurisdiction that the |
| 22 | | agency has sexual assault evidence required under |
| 23 | | subsection (c) of Section 20 of the Sexual Assault Incident Procedure Act; (iv) an indication i |
| 25 | | f the victim consented for analysis of the sexual assault evidence; (v) if the victim di |
|
| | HB5501 | - 2485 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | d not consent for analysis of the sexual assault e |
| 2 | | vidence, the date
on which the law enforcement ag |
| 3 | | ency is no longer required to store the sexual assault evidence; (vi) a mechani |
| 5 | | sm for the law enforcement agency to document why t |
| 6 | | he sexual assault evidence was not
submitted to th |
| 7 | | e laboratory for analysis, if applicable; (vii) the date t |
| 9 | | he law enforcement agency received the sexual ass |
| 10 | | ault evidence results back from the laboratory; (viii) the date sta |
| 12 | | tutory notifications were made to the vict |
| 13 | | im or documentation of why notification
was not made; and (ix) the date |
| 15 | | the law enforcement agency turned over the case |
| 16 | | information to the State's
Attorney office, if applicable. (D) for forensic lab fields: (i) the date the |
| 19 | | sexual assault evidence is received from the law |
| 20 | | enforcement agency by the forensic lab
for analysis; (ii) the laborato |
| 22 | | ry case number, visible to the law enforcement a |
| 23 | | gency and State's Attorney office; and (iii) the date th |
| 25 | | e laboratory completes the analysis of the sexual assault evidence. (E) for State's Attorney office fields: (i) the date t |
| 2 | | he State's Attorney office received the sexual ass |
| 3 | | ault evidence results from the laboratory, if
applicable; and (ii) the disposition or status of th |
| 5 | | e case. (a-2) The Commission also devel |
| 6 | | oped guidelines for secure electronic access to a tracking
syst |
| 7 | | em for a victim, or his or her designee to access inform |
| 8 | | ation on the status of the evidence
collected. The Comm |
| 9 | | ission recommended minimum guidelines in order to
safegu |
| 10 | | ard confidentiality of the information contained within this |
| 11 | | statewide tracking
system. These recommendations are that t |
| 12 | | he sexual assault evidence tracking system must: (1) allow for secur |
| 14 | | e access, controlled by an administering body who can rest |
| 15 | | rict user
access and allow different permissions based on t |
| 16 | | he need of that particular user
and health care |
| 17 | | facility users may include out-of-state border hospi |
| 18 | | tals, if
authorized by the Illinois State Police to obt |
| 19 | | ain this State's kits from vendor; (2) provide for users, other |
| 21 | | than victims, the ability to provide for any individual wh |
| 22 | | o
is granted access to the program their own unique user ID and password; (3) provide for a mechanism |
| 24 | | for a victim to enter the system and only access
his or her own information; (4) enable a sexual assault |
| 26 | | evidence to be tracked and identified through the unique s |
|
| | HB5501 | - 2488 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | lity has collected sexual assault evidence; (B) unreleased sexua |
| 3 | | l assault evidence that is being stored by the law enfo |
| 4 | | rcement agency has met the minimum
storage requirement by law; and (C) timelines as require |
| 6 | | d by law are not met for a particular case, if not
otherwise docu |
| 7 | | mented. (b) The Illinois State P |
| 8 | | olice may develop rules to implement a sexual assault evi |
| 9 | | dence tracking system that conforms with subsections (a-1) and (a-2) of this Section. The Illinois State Police shall design t |
| 11 | | he criteria for the sexual assault evidence tracking sys |
| 12 | | tem so that, to the extent reasonably possible, the system can |
| 13 | | use existing technologies and products, including, but |
| 14 | | not limited to, currently available tracking systems. T |
| 15 | | he sexual assault evidence tracking system shall be operationa |
| 16 | | l and shall begin tracking and reporting sexual assault evide |
| 17 | | nce no later than one year after the effective date of this a |
| 18 | | mendatory Act of the 101st General Assembly. The Illin |
| 19 | | ois State Police may adopt additional rules as it deems ne |
| 20 | | cessary to ensure that the sexual assault evidence trackin |
| 21 | | g system continues to be a useful tool for law enfo |
| 22 | | rcement. (c) A treatment hospital, |
| 23 | | a treatment hospital with approved pediatric transfer, an out-of-state hospital approved by the Department of Public Heal |
| 25 | | th to receive transfers of Illinois sexual assault survivors |
| 26 | | , or an approved pediatric health care facility defined i |
|
| | HB5501 | - 2489 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | n Section 1a of the Sexual Assault Survivors Emergency Treatmen |
| 2 | | t Act shall participate in the sexual assault evidence tracking |
| 3 | | system created under this Section and in accordance with rule |
| 4 | | s adopted under subsection (b), including, but not limited to |
| 5 | | , the collection of sexual assault evidence and providing |
| 6 | | information regarding that evidence, including, but not limit |
| 7 | | ed to, providing notice to law enforcement that the evidence has been co |
| 8 | | llected. (d) The operations of the sexual |
| 9 | | assault evidence tracking system shall be funded by moneys app |
| 10 | | ropriated for that purpose from the State Crime Laboratory Fund |
| 11 | | and funds provided to the Illinois State Police through asset |
| 12 | | forfeiture, together with such other funds as the General Assembly may appr |
| 13 | | opriate. (e) To ensure that the sexual |
| 14 | | assault evidence tracking system is operational, the Illino |
| 15 | | is State Police may adopt emergency rules to implement the |
| 16 | | provisions of this Section under subsection (ff) of Section |
| 17 | | 5-45 of the Illinois Administrative Proced |
| 18 | | ure Act. (f) Information, including, bu |
| 19 | | t not limited to, evidence and records in the sexual assault e |
| 20 | | vidence tracking system is exempt from disclosure under the Freedom of Infor |
| 21 | | mation Act.
(Source: P.A. 101-377, eff. 8-16-19; 102-22, |
| 22 | | eff. 6-25-21; 102-523, eff. 8-20-21; 102-538, eff. 8-20-21; revised 10-20-21.)
Section 650. The Sexual Assault |
| 25 | | Incident Procedure Act is amended by changing Section 35 as follows:
(725 ILCS 203/35)
Sec. 35. Release of information. (a) Upon the request of the victi |
| 4 | | m who has consented to the release of sexual assault evi |
| 5 | | dence for testing, the law enforcement agency having jurisdicti |
| 6 | | on shall notify the victim about the Illinois State Poli |
| 7 | | ce sexual assault evidence tracking system and provide th |
| 8 | | e following information in writing: (1) the date the sexual as |
| 10 | | sault evidence was sent to an Illinois State Police forensi |
| 11 | | c laboratory or designated laboratory; (2) test results provi |
| 13 | | ded to the law enforcement agency by an Illinois State Pol |
| 14 | | ice forensic laboratory or designated laboratory, including, but not limited to: (A) whether a DNA pro |
| 16 | | file was obtained from the testing of the sexual |
| 17 | | assault evidence from the victim's case; (B) whether the DNA |
| 19 | | profile developed from the sexual assault evidence has |
| 20 | | been searched against the DNA Index System or any state or federal DNA database; (C) whether an |
| 22 | | association was made to an individual whose DNA prof |
| 23 | | ile is consistent with the sexual assault evidence |
| 24 | | DNA profile,
provided that disclosure would not imped |
| 25 | | e or compromise an ongoing investigation; and (D) whether any drugs w |
| 2 | | ere detected in a urine or blood sample analyzed f |
| 3 | | or drug facilitated sexual assault and information about any drugs detected. (b) The information listed in p |
| 5 | | aragraph (1) of subsection (a) of this Section shall be provi |
| 6 | | ded to the victim within 7 days of the transfer of the eviden |
| 7 | | ce to the laboratory. The information listed in paragraph (2) |
| 8 | | of subsection (a) of this Section shall be provided to the v |
| 9 | | ictim within 7 days of the receipt of the information by |
| 10 | | the law enforcement agency having jurisdiction. (c) At the time the sexual as |
| 12 | | sault evidence is released for testing, the victim shall be pr |
| 13 | | ovided written information by the law enforcement agency |
| 14 | | having jurisdiction or the hospital providing emergency service |
| 15 | | s and forensic services to the victim informing him or h |
| 16 | | er of the right to request information under subsection (a) of t |
| 17 | | his Section. A victim may designate another person |
| 18 | | or agency to receive this information. (d) The victim or the victim's d |
| 20 | | esignee shall keep the law enforcement agency having jurisdic |
| 21 | | tion informed of the name, address, telephone number, and emai |
| 22 | | l address of the person to whom the information should be pr |
| 23 | | ovided, and any changes of the name, address, telephone number |
| 24 | | , and email address, if an email address is |
| 25 | | available.
(Source: P.A. 102-22, eff. 6-25-21; 102-538, |
| 26 | | eff. 8-20-21; revised 10-20-21.)
Section 655. The Unified Code of |
| 2 | | Corrections is amended by changing Sections 3-2-2, 3-3-14, 3-6-7.2, 3-14-1, 5-4-1, 5-4-3a, 5-5-3, 5-9-1.4, and 5-9-1.9 |
| 4 | | and the heading of Article 3 of Chapter III as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and duties of the Department.
(1) In addition |
| 8 | | to the powers, duties, and responsibilities which are
othe |
| 9 | | rwise provided by law, the Department shall have the following powers:
(a) To accept persons commit |
| 11 | | ted to it by the courts of this State for
care, custody, treatme |
| 12 | | nt, and rehabilitation, and to accept fe |
| 13 | | deral prisoners and aliens over whom the Office of the Fe |
| 14 | | deral Detention Trustee is authorized to exercise the fede |
| 15 | | ral detention function for limited purposes and periods of time.
(b) To develop and maintai |
| 17 | | n reception and evaluation units for purposes
of |
| 18 | | analyzing the custody and rehabilitation needs of pers |
| 19 | | ons committed to
it and to assign such persons to instituti |
| 20 | | ons and programs under its control
or transfer them to other |
| 21 | | appropriate agencies. In consultation with the
De |
| 22 | | partment of Alcoholism and Substance Abuse (now the Depa |
| 23 | | rtment of Human
Services), the Department of Corrections
s |
| 24 | | hall develop a master plan for the screening and evaluati |
|
| | HB5501 | - 2493 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | on of persons
committed to its custody who have alcohol o |
| 2 | | r drug abuse problems, and for
making appropriate t |
| 3 | | reatment available to such persons; the Department
s |
| 4 | | hall report to the General Assembly on such plan not late |
| 5 | | r than April 1,
1987. The maintenance and implementa |
| 6 | | tion of such plan shall be contingent
upon the availability of funds.
(b-1) To create and implem |
| 8 | | ent, on January 1, 2002, a pilot
program to
esta |
| 9 | | blish the effectiveness of pupillometer technology (the |
| 10 | | measurement of the
pupil's
reaction to light) as an alter |
| 11 | | native to a urine test for purposes of screening
and evalu |
| 12 | | ating
persons committed to its custody who have alcohol o |
| 13 | | r drug problems. The
pilot program shall require the pup |
| 14 | | illometer technology to be used in at
least one Department |
| 15 | | of
Corrections facility. The Director may expand the p |
| 16 | | ilot program to include an
additional facility or
fac |
| 17 | | ilities as he or she deems appropriate.
A minimum of 4,000 |
| 18 | | tests shall be included in the pilot program.
The
Dep |
| 19 | | artment must report to the
General Assembly on the
effec |
| 20 | | tiveness of the program by January 1, 2003.
(b-5) To develop, in cons |
| 22 | | ultation with the Illinois State Police, a
program for tr |
| 23 | | acking and evaluating each inmate from commitment through |
| 24 | | release
for recording his or her gang affiliations, activities, or ranks.
(c) To maintain and adminis |
| 26 | | ter all State correctional institutions and
facilitie |
|
| | HB5501 | - 2494 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | s under its control and to establish new ones as needed. |
| 2 | | Pursuant
to its power to establish new institutions and |
| 3 | | facilities, the Department
may, with the written approval |
| 4 | | of the Governor, authorize the Department of
Central Ma |
| 5 | | nagement Services to enter into an agreement of the type
d |
| 6 | | escribed in subsection (d) of Section 405-300 of the
Depart |
| 7 | | ment
of Central Management Services Law. The Depart |
| 8 | | ment shall
designate those institutions which
shall constit |
| 9 | | ute the State Penitentiary System. The Department of Juven |
| 10 | | ile Justice shall maintain and administer all State |
| 11 | | youth centers pursuant to subsection (d) of Section 3-2.5-20.
Pursuant to its power to |
| 13 | | establish new institutions and facilities, the
De |
| 14 | | partment may authorize the Department of Central Manageme |
| 15 | | nt Services to
accept bids from counties and municipali |
| 16 | | ties for the construction,
remodeling, or conversion of a |
| 17 | | structure to be leased to the Department of
Correctio |
| 18 | | ns for the purposes of its serving as a correctional inst |
| 19 | | itution
or facility. Such construction, remodeling, or |
| 20 | | conversion may be financed
with revenue bonds issued |
| 21 | | pursuant to the Industrial Building Revenue Bond
Act by th |
| 22 | | e municipality or county. The lease specified in a bid |
| 23 | | shall be
for a term of not less than the time needed to ret |
| 24 | | ire any revenue bonds
used to finance the project, but no |
| 25 | | t to exceed 40 years. The lease may
grant to the State |
| 26 | | the option to purchase the structure outright.
Upon receipt of the bids, |
| 2 | | the Department may certify one or more of the
bids and sha |
| 3 | | ll submit any such bids to the General Assembly for approv |
| 4 | | al.
Upon approval of a bid by a constitutional majority of |
| 5 | | both houses of the
General Assembly, pursuant to joint res |
| 6 | | olution, the Department of Central
Management Services m |
| 7 | | ay enter into an agreement with the county or
municipality pursuant to such bid.
(c-5) To build and |
| 9 | | maintain regional juvenile detention centers and to
charge |
| 10 | | a per diem to the counties as established by the Departm |
| 11 | | ent to defray
the costs of housing each minor in a center. In th |
| 12 | | is subsection (c-5),
"juvenile
detention center" |
| 13 | | means a facility to house minors during pendency of trial |
| 14 | | who
have been transferred from proceedings under the Juv |
| 15 | | enile Court Act of 1987 to
prosecutions under the crim |
| 16 | | inal laws of this State in accordance with Section
5-805 of |
| 17 | | the Juvenile Court Act of 1987, whether the transfer |
| 18 | | was by operation
of
law or permissive under that Sect |
| 19 | | ion. The Department shall designate the
counties to |
| 20 | | be served by each regional juvenile detention center.
(d) To develop and mai |
| 22 | | ntain programs of control, rehabilitation, and
employment o |
| 23 | | f committed persons within its institutions.
(d-5) To provide a pre-relea |
| 25 | | se job preparation program for inmates at Illinois adult correctional centers.
(d-10) To provide |
|
| | HB5501 | - 2496 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | educational and visitation opportunities to committed perso |
| 2 | | ns within its institutions through temporary access to conten |
| 3 | | t-controlled tablets that may be provided as a priv |
| 4 | | ilege to committed persons to induce or reward compliance. (e) To establish a system o |
| 6 | | f supervision and guidance of committed persons
in the community.
(f) To establish in cooperat |
| 8 | | ion with the Department of Transportation
to supply a suff |
| 9 | | icient number of prisoners for use by the Department of
|
| 10 | | Transportation to clean up the trash and garbage along S |
| 11 | | tate, county,
township, or municipal highways as desig |
| 12 | | nated by the Department of
Transportation. The Departm |
| 13 | | ent of Corrections, at the request of the
Department of Tra |
| 14 | | nsportation, shall furnish such prisoners at least
annually |
| 15 | | for a period to be agreed upon between the Director of
Cor |
| 16 | | rections and the Secretary of Transportation. The pris |
| 17 | | oners used on this
program shall be selected by the |
| 18 | | Director of Corrections on whatever basis
he deems proper |
| 19 | | in consideration of their term, behavior and earned eli |
| 20 | | gibility
to participate in such program - where they wil |
| 21 | | l be outside of the prison
facility but still in the cu |
| 22 | | stody of the Department of Corrections. Prisoners
convict |
| 23 | | ed of first degree murder, or a Class X felony, or arm |
| 24 | | ed violence, or
aggravated kidnapping, or criminal |
| 25 | | sexual assault, aggravated criminal sexual
abuse or a |
| 26 | | subsequent conviction for criminal sexual abuse, or forcib |
|
| | HB5501 | - 2497 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | le
detention, or arson, or a prisoner adjudged a Habi |
| 2 | | tual Criminal shall not be
eligible for selection to partici |
| 3 | | pate in such program. The prisoners shall
remain as priso |
| 4 | | ners in the custody of the Department of Corrections |
| 5 | | and such
Department shall furnish whatever security is ne |
| 6 | | cessary. The Department of
Transportation shall furnish tr |
| 7 | | ucks and equipment for the highway cleanup
program and |
| 8 | | personnel to supervise and direct the program. Neither the |
| 9 | |
Department of Corrections nor the Department of Transp |
| 10 | | ortation shall replace
any regular employee with a prisoner.
(g) To maintain records of p |
| 12 | | ersons committed to it and to establish
programs of research, statisti |
| 13 | | cs, and planning.
(h) To investigate th |
| 15 | | e grievances of any person committed to the
Departme |
| 16 | | nt and to inquire into any alleged misconduct by employees |
| 17 | |
or committed persons; and for
these purposes it may issu |
| 18 | | e subpoenas and compel the attendance of witnesses
and the |
| 19 | | production of writings and papers, and may examine under |
| 20 | | oath any
witnesses who may appear before it; to also inve |
| 21 | | stigate alleged violations
of a parolee's or releasee |
| 22 | | 's conditions of parole or release; and for this
purpose |
| 23 | | it may issue subpoenas and compel the attendance of witne |
| 24 | | sses and
the production of documents only if there is r |
| 25 | | eason to believe that such
procedures would provide evi |
| 26 | | dence that such violations have occurred.
If any person fails to ob |
| 2 | | ey a subpoena issued under this subsection,
the Directo |
| 3 | | r may apply to any circuit court to secure compliance with |
| 4 | | the
subpoena. The failure to comply with the order of th |
| 5 | | e court issued in
response thereto shall be punishable as contempt of court.
(i) To appoint and remov |
| 7 | | e the chief administrative officers, and
administe |
| 8 | | r
programs of training and development of personnel of |
| 9 | | the Department. Personnel
assigned by the Department |
| 10 | | to be responsible for the
custody and control of committed |
| 11 | | persons or to investigate the alleged
misconduct of comm |
| 12 | | itted persons or employees or alleged violations of |
| 13 | | a
parolee's or releasee's conditions of parole shall be |
| 14 | | conservators of the peace
for those purposes, and shall ha |
| 15 | | ve the full power of peace officers outside
of the facil |
| 16 | | ities of the Department in the protection, arrest, retaking,
and reconfining of committed persons or where the |
| 18 | | exercise of such power
is necessary to the investiga |
| 19 | | tion of such misconduct or violations. This subsection |
| 20 | | shall not apply to persons committed to the Department of |
| 21 | | Juvenile Justice under the Juvenile Court Act of 1987 on aftercare release.
(j) To cooperate with othe |
| 23 | | r departments and agencies and with local
communit |
| 24 | | ies for the development of standards and programs for bette |
| 25 | | r
correctional services in this State.
(k) To administer all mo |
|
| | HB5501 | - 2502 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | position of management or
leadership; and
(iii) are actively |
| 3 | | and personally engaged in directing, ordering,
|
| 4 | | authorizing, or requesting commission of criminal |
| 5 | | acts by others, which are
punishable as a felony, in |
| 6 | | furtherance of streetgang related activity both |
| 7 | |
within and outside of the Department of Corrections.
"Streetgang", "gang", and "st |
| 9 | | reetgang related" have the meanings ascribed to
them in |
| 10 | | Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention
Act.
(s) To operate a super-max |
| 12 | | imum security institution, in order to
manage and |
| 13 | |
supervise inmates who are disruptive or dangerous and |
| 14 | | provide for the safety
and security of the staff and the other inmates.
(t) To monitor any unpriv |
| 16 | | ileged conversation or any unprivileged
communication, whet |
| 17 | | her in person or by mail, telephone, or other means,
bet |
| 18 | | ween an inmate who, before commitment to the Department, wa |
| 19 | | s a member of an
organized gang and any other person without |
| 20 | | the need to show cause or satisfy
any other requirement o |
| 21 | | f law before beginning the monitoring, except as
cons |
| 22 | | titutionally required. The monitoring may be by video, |
| 23 | | voice, or other
method of recording or by any oth |
| 24 | | er means. As used in this subdivision (1)(t),
"organ |
| 25 | | ized gang" has the meaning ascribed to it in Section 10 |
| 26 | | of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
As used in this subdivi |
| 2 | | sion (1)(t), "unprivileged conversation" or
"unprivile |
| 3 | | ged communication" means a conversation or communication th |
| 4 | | at is not
protected by any privilege recognized by law or b |
| 5 | | y decision, rule, or order of
the Illinois Supreme Court.
(u) To establish a Women's and Ch |
| 7 | | ildren's Pre-release Community
Supervision
Program fo |
| 8 | | r the purpose of providing housing and services to e |
| 9 | | ligible female
inmates, as determined by the Department, a |
| 10 | | nd their newborn and young
children.
(u-5) To issue an order, w |
| 12 | | henever a person committed to the Department absconds or a |
| 13 | | bsents himself or herself, without authority to do so, fr |
| 14 | | om any facility or program to which he or she is assi |
| 15 | | gned. The order shall be certified by the Direc |
| 16 | | tor, the Supervisor of the Apprehension Unit, or any per |
| 17 | | son duly designated by the Director, with the seal of t |
| 18 | | he Department affixed. The order shall be directed to a |
| 19 | | ll sheriffs, coroners, and police officers, or to any part |
| 20 | | icular person named in the order. Any order issued pu |
| 21 | | rsuant to this subdivision (1)(u-5) shall be sufficient |
| 22 | | warrant for the officer or person named in the order |
| 23 | | to arrest and deliver the committed person to the proper |
| 24 | | correctional officials and shall be executed the same as criminal process. (u-6) To appoint a point o |
| 26 | | f contact person who shall
receive suggestions, complaints |
|
| | HB5501 | - 2504 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | , or other requests to the
Department from visitors to |
| 2 | | Department institutions or
facilities and from other members of the public. (v) To do all other acts |
| 4 | | necessary to carry out the provisions
of this C |
| 5 | | hapter.
(2) The Department of Corre |
| 6 | | ctions shall by January 1, 1998, consider
building and operati |
| 7 | | ng a correctional facility within 100 miles of a county of
o |
| 8 | | ver 2,000,000 inhabitants, especially a facility designed to h |
| 9 | | ouse juvenile
participants in the impact incarceration p |
| 10 | | rogram.
(3) When the Department l |
| 11 | | ets bids for contracts for medical
services to be provid |
| 12 | | ed to persons committed to Department facilities by
a health |
| 13 | | maintenance organization, medical service corporation, or o |
| 14 | | ther
health care provider, the bid may only be let to a hea |
| 15 | | lth care provider
that has obtained an irrevocable letter of |
| 16 | | credit or performance bond
issued by a company whose bonds h |
| 17 | | ave an investment grade or higher rating by a bond rating
organi |
| 18 | | zation.
(4) When the Department lets b |
| 19 | | ids for
contracts for food or commissary services to |
| 20 | | be provided to
Department facilities, the bid may only be l |
| 21 | | et to a food or commissary
services provider that has obtaine |
| 22 | | d an irrevocable letter of
credit or performance bond issue |
| 23 | | d by a company whose bonds have an investment grade or high |
| 24 | | er rating by a bond rating organi |
| 25 | | zation.
(5) On and after the date 6 mo |
| 26 | | nths after August 16, 2013 (the effective date of Public Act 98-488), as provided in the Executive Order 1 (2012) Impl |
| 2 | | ementation Act, all of the powers, duties, rights, and respons |
| 3 | | ibilities related to State healthcare purchasing under this |
| 4 | | Code that were transferred from the Department of Correc |
| 5 | | tions to the Department of Healthcare and Family Services by Ex |
| 6 | | ecutive Order 3 (2005) are transferred back to the Departmen |
| 7 | | t of Corrections; however, powers, duties, rights, and respons |
| 8 | | ibilities related to State healthcare purchasing under this C |
| 9 | | ode that were exercised by the Department of Corrections be |
| 10 | | fore the effective date of Executive Order 3 (2005) but th |
| 11 | | at pertain to individuals resident in facilities operated by |
| 12 | | the Department of Juvenile Justice are transferred to the Department of Juveni |
| 13 | | le Justice. (Source: P.A. 101-235, eff. 1-1-20; 102-350, |
| 14 | | eff. 8-13-21; 102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised 10-15-21.)
(730 ILCS 5/Ch. III Art. 3 heading) ARTICLE 3. PRISONER REVIEW PAROLE AND PARDON BOARD
(730 ILCS 5/3-3-14) Sec. 3-3-14. Procedure for medical release. (a) Definitions. : (1) As used in this Section, |
| 22 | | "medically incapacitated" means that an inmate h |
| 23 | | as any diagnosable medical condition, including deme |
| 24 | | ntia and severe, permanent medical or cognitive disability |
|
| | HB5501 | - 2507 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | n inmate's spouse, parent, guardian, grandparent, aunt or |
| 2 | | uncle, sibling, child over the age of eighteen years, or |
| 3 | | attorney. If the initial application is made by someone |
| 4 | | other than the inmate, the inmate, or if the inmate is they are medically unable to consent, the guardian or f |
| 6 | | amily member designated to represent the inmate's their int |
| 7 | | erests must consent to the application at the time of the institutional hearing. (2) Application materials |
| 9 | | shall be maintained on the Prisoner Review Board's website and , the Department of Corrections' website, and maint |
| 11 | | ained in a clearly visible place within the law library |
| 12 | | and the infirmary of every penal institution and facility |
| 13 | | operated by the Department of Corrections. (3) The initial application |
| 15 | | need not be notarized, can be sent via email or facsi |
| 16 | | mile, and must contain the following information: (i) the inmate's name |
| 18 | | and Illinois Department of Corrections number; (ii) the inmate's diagnosis; (iii) a statement that t |
| 21 | | he inmate meets one of the following diagnostic criteria: (A) (a) the |
| 23 | | inmate is suffering from a terminal illness; (B) (b) the inmate |
| 25 | | has been diagnosed with a condition that will result in
|
| 26 | | medical incapacity within the next 6 months; or (C) (c) the i |
| 2 | | nmate has become medically incapacitated subsequent to
|
| 3 | | sentencing due to illness or injury. (4) Upon receiving the inm |
| 5 | | ate's initial application, the Board shall order the De |
| 6 | | partment of Corrections to have a physician or nurse practi |
| 7 | | tioner evaluate the inmate and create a written evaluat |
| 8 | | ion within ten days of the Board's order. The evaluation |
| 9 | | shall include but need not be limited to: (i) a concise stateme |
| 11 | | nt of the inmate's medical diagnosis, including prognosis,
|
| 12 | | likelihood of recovery, and pr |
| 13 | | imary symptoms, to include incapacitation; and (ii) a statement conf |
| 15 | | irming or denying that the inmate meets one of the criteria
|
| 16 | | stated in subsection (b) of this S |
| 17 | | ection. (d) Institutional hearing. No pu |
| 18 | | blic institutional hearing is required for consideration o |
| 19 | | f a petition, but shall be granted at the request of the pet |
| 20 | | itioner. The inmate may be represented by counsel and may pres |
| 21 | | ent witnesses to the Board members. Hearings shall be g |
| 22 | | overned by the Open Parole Heari |
| 23 | | ngs Act. (e) Voting procedure. Petiti |
| 24 | | ons shall be considered by three-member panels, and decisio |
| 25 | | ns shall be made by simple m |
| 26 | | ajority. (f) Consideration. In consider |
|
| | HB5501 | - 2510 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the receipt of the initial application, the Prisoner Review Boa |
| 2 | | rd shall conduct a hearing if a hearing is requested and ren |
| 3 | | der a decision granting or denying the petitioner's request for |
| 4 | | release. (i) Nothing in this statute s |
| 5 | | hall preclude a petitioner from seeking alternative forms of re |
| 6 | | lease, including clemency, relief from the sentencing court, post-conviction relief, or any other legal |
| 8 | | remedy. (j) This act applies r |
| 9 | | etroactively, and shall be applicable to all currently incarcerated people in I |
| 10 | | llinois. (k) Data report. The Departm |
| 11 | | ent of Corrections and the Prisoner Review Board shall |
| 12 | | release a report annually published on their websites |
| 13 | | that reports the following information about the Medical Release Program: (1) The number of applic |
| 15 | | ations for medical release received by the Board |
| 16 | | in the preceding year, and information about those applications, including: (i) demographic data about the indi |
| 18 | | vidual, including race or e |
| 19 | | thnicity, gender, age, and institution; (ii) the highest clas |
| 21 | | s of offense for which the individual is incarcerated; (iii) the relationsh |
| 23 | | ip of the applicant to the person completing the application; (iv) whether the applica |
| 25 | | nt had applied for medical release before and been denied, and, if so, when; (v) whether the person |
|
| | HB5501 | - 2514 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | with suitable clothing and procure necessary
transportation |
| 2 | | for him to his designated place of residence and
employment. |
| 3 | | It may provide such person with a grant of money for travel and
|
| 4 | | expenses which may be paid in installments. The amount o |
| 5 | | f the money grant
shall be determined by the Depa |
| 6 | | rtment.
(a-1) The Department shall, befo |
| 7 | | re a wrongfully imprisoned person, as defined in Section 3- |
| 8 | | 1-2 of this Code, is discharged from the Department, p |
| 9 | | rovide him or her with any documents necessary after dis |
| 10 | | charge. (a-2) The Department of Cor |
| 11 | | rections may establish and maintain, in any institution
it ad |
| 12 | | ministers, revolving funds to be known as "Travel and Allowance |
| 13 | | s Revolving
Funds". These revolving funds shall be used for ad |
| 14 | | vancing travel and expense
allowances to committed, paroled, |
| 15 | | and discharged prisoners. The moneys
paid into such rev |
| 16 | | olving funds shall be from appropriations to the Department
f |
| 17 | | or Committed, Paroled, and Discharged Pri |
| 18 | | soners.
(a-3) Upon release of a person |
| 19 | | who is eligible to vote on parole, mandatory release, final |
| 20 | | discharge, or pardon, the Department shall provide the perso |
| 21 | | n with a form that informs him or her that his or her voting rig |
| 22 | | hts have been restored and a voter registration application. |
| 23 | | The Department shall have available voter registration app |
| 24 | | lications in the languages provided by the Illinois State Bo |
| 25 | | ard of Elections. The form that informs the person that h |
| 26 | | is or her rights have been restored shall include the following information: (1) All voting rights are |
| 2 | | restored upon release from the Department's custody. (2) A person who is eligibl |
| 4 | | e to vote must register in order to be able t |
| 5 | | o vote. The Department of Correcti |
| 6 | | ons shall confirm that the person received the voter regist |
| 7 | | ration application and has been informed that his or h |
| 8 | | er voting rights have been re |
| 9 | | stored. (a-4) Prior to release of a p |
| 10 | | erson on parole, mandatory supervised release, final discharge, |
| 11 | | or pardon, the Department shall screen every person for Medica |
| 12 | | id eligibility. Officials of the correctional institu |
| 13 | | tion or facility where the committed person is assigned shall |
| 14 | | assist an eligible person to complete a Medicaid application |
| 15 | | to ensure that the person begins receiving benefits as soon as |
| 16 | | possible after his or her release. The application must inc |
| 17 | | lude the eligible person's address associated with his or her r |
| 18 | | esidence upon release from the facility. If the residence |
| 19 | | is temporary, the eligible person must notify the Department o |
| 20 | | f Human Services of his or her change in address upon transition to permanent h |
| 21 | | ousing. (b) ( |
| 22 | | Blank).
(c) Except as otherwise |
| 23 | | provided in this Code, the Department shall
establish pro |
| 24 | | cedures to provide written notification of any release |
| 25 | | of any
person who has been convicted of a felony to the State |
| 26 | | 's Attorney
and sheriff of the county from which the offen |
|
| | HB5501 | - 2516 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | der was committed, and the
State's Attorney and sheriff of |
| 2 | | the county into which the offender is to be
paroled or rele |
| 3 | | ased. Except as otherwise provided in this Code, the
|
| 4 | | Department shall establish procedures to provide written noti |
| 5 | | fication to
the proper law enforcement agency for any municipa |
| 6 | | lity of any release of any
person who has been convicted of a f |
| 7 | | elony if the arrest of the offender or the
commission of the |
| 8 | | offense took place in the municipality, if the offender is |
| 9 | | to
be paroled or released into the municipality, or if t |
| 10 | | he offender resided in the
municipality at the time of the commi |
| 11 | | ssion of the offense. If a person
convicted of a felony wh |
| 12 | | o is in the custody of the Department of Corrections or
on paro |
| 13 | | le or mandatory supervised release informs the Department t |
| 14 | | hat he or she
has resided, resides, or will
reside at an |
| 15 | | address that is a housing facility owned, managed,
opera |
| 16 | | ted, or leased by a public housing agency, the Department must |
| 17 | | send
written notification of that information to the public |
| 18 | | housing agency that
owns, manages, operates, or leases the hous |
| 19 | | ing facility. The written
notification shall, when possible, |
| 20 | | be given at least 14 days before release of
the perso |
| 21 | | n from custody, or as soon thereafter as possible. The wri |
| 22 | | tten notification shall be provided electronically if the |
| 23 | | State's Attorney, sheriff, proper law enforcement agency, or |
| 24 | | public housing agency has provided the Department with an acc |
| 25 | | urate and up to date email ad |
| 26 | | dress.
(c-1) |
|
| | HB5501 | - 2518 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | any violation reports and dispositions. (6) The name and contact in |
| 3 | | formation for the assigned parole agent and parole supe |
| 4 | | rvisor.
This information shall be pro |
| 5 | | vided within 3 days of the person becoming a resident of the facility.
(c-10) If a person on paro |
| 7 | | le or mandatory supervised release becomes a resident of a faci |
| 8 | | lity licensed or regulated by the Department of Public Health, |
| 9 | | the Illinois Department of Public Aid, or the Illinois Departm |
| 10 | | ent of Human Services, the Department of Corrections shall pr |
| 11 | | ovide written notification of such residence to the following: (1) The Prisoner Review Board. (2) The
chief of |
| 14 | | police and sheriff in the municipality and county in whic |
| 15 | | h the licensed facility is located. The notification shall be pro |
| 17 | | vided within 3 days of the person becoming a resident of the fac |
| 18 | | ility.
(d) Upon the release of a c |
| 19 | | ommitted person on parole, mandatory
supervised release, final discharge |
| 20 | | , or pardon, the Department shall provide
su |
| 21 | | ch person with information concerning programs and services of |
| 22 | | the
Illinois Department of Public Health to ascertain wh |
| 23 | | ether such person has
been exposed to the human immunodef |
| 24 | | iciency virus (HIV) or any identified
causative agent of |
| 25 | | Acquired Immunodeficiency Syndrome |
| 26 | | (AIDS).
(e) Upon the release of a c |
|
| | HB5501 | - 2519 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ommitted person on parole, mandatory supervised
release, final |
| 2 | | discharge, pardon, or who has been wrongfully imprisoned, t |
| 3 | | he Department shall verify the released person's full name, |
| 4 | | date of birth, and social security number. If verification is |
| 5 | | made by the Department by obtaining a certified copy of t |
| 6 | | he released person's birth certificate and the released person |
| 7 | | 's social security card or other documents authorized by the |
| 8 | | Secretary, the Department shall provide the birth certificat |
| 9 | | e and social security card or other documents authorized by the |
| 10 | | Secretary to the released person. If verification by the D |
| 11 | | epartment is done by means other than obtaining a certified cop |
| 12 | | y of the released person's birth certificate and the release |
| 13 | | d person's social security card or other documents author |
| 14 | | ized by the Secretary, the Department shall complete a verifi |
| 15 | | cation form, prescribed by the Secretary of State, and shall |
| 16 | | provide that verification form to the released pe |
| 17 | | rson.
(f) Forty-five days prior to th |
| 18 | | e scheduled discharge of a person committed to the cu |
| 19 | | stody of the Department of Corrections, the Department shall give the person: (1) who is otherwise uninsur |
| 21 | | ed an opportunity to apply for health care coverage in |
| 22 | | cluding medical assistance under Article V of the I |
| 23 | | llinois Public Aid Code in accordance with subsection (b) of |
| 24 | | Section 1-8.5 of the Illinois Public Aid C |
| 25 | | ode, and the Department of Corrections shall provide ass |
| 26 | | istance with completion of the application for health care |
|
| | HB5501 | - 2521 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | is Section. (Source: P.A. 101-351, eff. 1-1-20; 101-442 |
| 2 | | , eff. 1-1-20; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff. 1-1-22; revised 10-15-21.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penal |
| 7 | | ty is
sought under hearing procedures otherwise specified |
| 8 | | , after a
determination of guilt, a hearing shall be he |
| 9 | | ld to impose the sentence.
However, prior to the imposition of |
| 10 | | sentence on an individual being
sentenced for an offense |
| 11 | | based upon a charge for a violation of Section
11-501 of the |
| 12 | | Illinois Vehicle Code or a similar provision of a local
ordi |
| 13 | | nance, the individual must undergo a professional evaluation |
| 14 | | to
determine if an alcohol or other drug abuse problem exist |
| 15 | | s and the extent
of such a problem. Programs conducting |
| 16 | | these evaluations shall be
licensed by the Department of Human |
| 17 | | Services. However, if the individual is
not a resident of Illin |
| 18 | | ois, the court
may, in its discretion, accept an evaluation f |
| 19 | | rom a program in the state of
such individual's residen |
| 20 | | ce. The court shall make a specific finding about whether the |
| 21 | | defendant is eligible for participation in a Department impac |
| 22 | | t incarceration program as provided in Section 5-8-1.1 or 5-8-1 |
| 23 | | .3, and if not, provide an explanation as to why a sentence |
| 24 | | to impact incarceration is not an appropriate sentence. The c |
| 25 | | ourt may in its sentencing order recommend a defendant for pl |
|
| | HB5501 | - 2523 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | t. The court shall allow a victim to make an oral statemen |
| 2 | | t if the victim is present in the courtroom and requests |
| 3 | | to make an oral or written statement. An oral or writ |
| 4 | | ten statement includes the victim or a representative |
| 5 | | of the victim reading the written statement. The court may |
| 6 | | allow persons impacted by the crime who are not victi |
| 7 | | ms under subsection (a) of Section 3 of the Rights of Crime |
| 8 | | Victims and Witnesses Act to present an oral or written s |
| 9 | | tatement. A victim and any person making an oral statem |
| 10 | | ent shall not be put under oath or subject to cross-e |
| 11 | | xamination. All statements offered under this paragraph
(7 |
| 12 | | ) shall become part of the record of the court. In this
p |
| 13 | | aragraph (7), "victim of a violent crime" means a person wh |
| 14 | | o is a victim of a violent crime for which the defendant |
| 15 | | has been convicted after a bench or jury trial or a per |
| 16 | | son who is the victim of a violent crime with which the def |
| 17 | | endant was charged and the defendant has been convicted u |
| 18 | | nder a plea agreement of a crime that is not a violent crim |
| 19 | | e as defined in subsection (c) of 3 of the Rights of Crime Victims and Witnesses Act; (7.5) afford a qualified |
| 21 | | person affected by: (i) a violation of Section 405, 4 |
| 22 | | 05.1, 405.2, or 407 of the Illinois Controlled Substa |
| 23 | | nces Act or a violation of Section 55 or Section 65 of t |
| 24 | | he Methamphetamine Control and Community Protection Act |
| 25 | | ; or (ii) a Class 4 felony violation of Section 11-14, 11-1 |
| 26 | | 4.3 except as described in subdivisions (a)(2)(A) and (a)(2)(B), 11-15, |
|
| | HB5501 | - 2524 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 11-17, 11-18, 11-18.1, or 11-19 of the Cr |
| 2 | | iminal Code of 1961 or the Criminal Code of 2012, comm |
| 3 | | itted by the defendant the opportunity to make a statemen |
| 4 | | t concerning the impact on the qualified person and to off |
| 5 | | er evidence in aggravation or mitigation; provided that |
| 6 | | the statement and evidence offered in aggravation or |
| 7 | | mitigation shall first be prepared in writing in co |
| 8 | | njunction with the State's Attorney before it may be presen |
| 9 | | ted orally at the hearing. Sworn testimony offered by the q |
| 10 | | ualified person is subject to the defendant's right to cross-examine. All statements and evidence offered under |
| 12 | | this paragraph (7.5) shall become part of the record of th |
| 13 | | e court. In this paragraph (7.5), "qualified person" means |
| 14 | | any person who: (i) lived or worked within the territor |
| 15 | | ial jurisdiction where the offense took place when the offe |
| 16 | | nse took place; or (ii) is familiar with various public pla |
| 17 | | ces within the territorial jurisdiction where the offense t |
| 18 | | ook place when the offense took place. "Qualified person" |
| 19 | | includes any peace officer or any member of any duly o |
| 20 | | rganized State, county, or municipal peace officer unit a |
| 21 | | ssigned to the territorial jurisdiction where the offense t |
| 22 | | ook place when the offense took place;
(8) in cases of reckless ho |
| 24 | | micide afford the victim's spouse,
guardians, parents |
| 25 | | or other immediate family members an opportunity to make
oral statements;
(9) in cases involving a fel |
|
| | HB5501 | - 2525 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ony sex offense as defined under the Sex
Offender
Manageme |
| 2 | | nt Board Act, consider the results of the sex offender eva |
| 3 | | luation
conducted pursuant to Section 5-3-2 of this Act; and
(10) make a finding of w |
| 5 | | hether a motor vehicle was used in the commission of |
| 6 | | the offense for which the defendant is being sen |
| 7 | | tenced. (b) All sentences shall be impos |
| 8 | | ed by the judge based upon his
independent assessment of the el |
| 9 | | ements specified above and any agreement
as to sentence reached |
| 10 | | by the parties. The judge who presided at the
trial or the judg |
| 11 | | e who accepted the plea of guilty shall impose the
sente |
| 12 | | nce unless he is no longer sitting as a judge in that court. |
| 13 | | Where
the judge does not impose sentence at the same time |
| 14 | | on all defendants
who are convicted as a result of being inv |
| 15 | | olved in the same offense, the
defendant or the State |
| 16 | | 's Attorney may advise the sentencing court of the
dispositi |
| 17 | | on of any other defendants who have been sen |
| 18 | | tenced.
(b-1) In imposing a sentence o |
| 19 | | f imprisonment or periodic imprisonment for a Class 3 or |
| 20 | | Class 4 felony for which a sentence of probation or conditional |
| 21 | | discharge is an available sentence, if the defendant has no p |
| 22 | | rior sentence of probation or conditional discharge and no prio |
| 23 | | r conviction for a violent crime, the defendant shall not be |
| 24 | | sentenced to imprisonment before review and consideration o |
| 25 | | f a presentence report and determination and explanation of wh |
| 26 | | y the particular evidence, information, factor in aggravation, |
|
| | HB5501 | - 2526 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | factual finding, or other reasons support a sentencing determi |
| 2 | | nation that one or more of the factors under subsection (a) of Section 5-6-1 of this Code apply and that probation or condi |
| 4 | | tional discharge is not an appropriate se |
| 5 | | ntence. (c) In imposing a sentence for |
| 6 | | a violent crime or for an offense of
operating or being in phy |
| 7 | | sical control of a vehicle while under the
influence of alco |
| 8 | | hol, any other drug or any combination thereof, or a
si |
| 9 | | milar provision of a local ordinance, when such offense resul |
| 10 | | ted in the
personal injury to someone other than the defend |
| 11 | | ant, the trial judge shall
specify on the record the particu |
| 12 | | lar evidence, information, factors in
mitigation and aggrava |
| 13 | | tion or other reasons that led to his sentencing
determination |
| 14 | | . The full verbatim record of the sentencing hearing shall be
f |
| 15 | | iled with the clerk of the court and shall be a public |
| 16 | | record.
(c-1) In imposing a sentence for |
| 17 | | the offense of aggravated kidnapping for
ransom, hom |
| 18 | | e invasion, armed robbery, aggravated vehicular hijacking, |
| 19 | |
aggravated discharge of a firearm, or armed violence w |
| 20 | | ith a category I weapon
or category II weapon,
the trial judge |
| 21 | | shall make a finding as to whether the conduct leading to
|
| 22 | | conviction for the offense resulted in great bodily harm to a vi |
| 23 | | ctim, and
shall enter that finding and the basis for that finding in the |
| 24 | | record.
(c-1.5) Notwithstanding any oth |
| 25 | | er provision of law to the contrary, in imposing a sentence fo |
| 26 | | r an offense that requires a mandatory minimum sentence of i |
|
| | HB5501 | - 2527 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | mprisonment, the court may instead sentence the offender |
| 2 | | to probation, conditional discharge, or a lesser ter |
| 3 | | m of imprisonment it deems appropriate if: (1) the offense invo |
| 4 | | lves the use or possession of drugs, retail theft, or driving o |
| 5 | | n a revoked license due to unpaid financial obligations; (2 |
| 6 | | ) the court finds that the defendant does not pose a risk to |
| 7 | | public safety; and (3) the interest of justice requires imp |
| 8 | | osing a term of probation, conditional discharge, or a lesser |
| 9 | | term of imprisonment. The court must state on the recor |
| 10 | | d its reasons for imposing probation, conditional disc |
| 11 | | harge, or a lesser term of impri |
| 12 | | sonment. (c-2) If the defendant is sente |
| 13 | | nced to prison, other than when a sentence of
natural life imp |
| 14 | | risonment or a sentence of death is imposed, at the time
the sen |
| 15 | | tence is imposed the judge shall
state on the record in open co |
| 16 | | urt the approximate period of time the defendant
will serve i |
| 17 | | n custody according to the then current statutory rules an |
| 18 | | d
regulations for sentence credit found in Section 3-6-3 and o |
| 19 | | ther related
provisions of this Code. This statement is int |
| 20 | | ended solely to inform the
public, has no legal effect on the d |
| 21 | | efendant's actual release, and may not be
relied on by the defendant on |
| 22 | | appeal.
The judge's statement, to be g |
| 23 | | iven after pronouncing the sentence, other than
when the sent |
| 24 | | ence is imposed for one of the offenses enumerated in paragraph
(a)(4) of |
| 25 | | Section 3-6-3, shall include the fol |
| 26 | | lowing:
"The purpose of this statement |
|
| | HB5501 | - 2528 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | is to inform the public of the actual period
of time this defen |
| 2 | | dant is likely to spend in prison as a result of this
sente |
| 3 | | nce. The actual period of prison time served is determined b |
| 4 | | y the
statutes of Illinois as applied to this sentence by |
| 5 | | the Illinois Department of
Corrections and
the Illinois Priso |
| 6 | | ner Review Board. In this case, assuming the defendant
|
| 7 | | receives all of his or her sentence credit, the period of estim |
| 8 | | ated actual
custody is ... years and ... months, less up to |
| 9 | | 180 days additional earned sentence credit. If the defendant, |
| 10 | | because of his or
her own misconduct or failure to com |
| 11 | | ply with the institutional regulations,
does not receive thos |
| 12 | | e credits, the actual time served in prison will be
longe |
| 13 | | r. The defendant may also receive an additional one-half da |
| 14 | | y sentence
credit for each day of participation in vocational, |
| 15 | | industry, substance abuse,
and educational programs as provided for by Illinois stat |
| 16 | | ute."
When the sentence is impos |
| 17 | | ed for one of the offenses enumerated in paragraph
(a)(2) of Section 3-6-3, other than first degree murder, and the offense |
| 19 | | was
committed on or after June 19, 1998, and when the senten |
| 20 | | ce is imposed for
reckless homicide as defined in subsection (e) o |
| 21 | | f Section 9-3 of the Criminal
Code of 1961 or the Cr |
| 22 | | iminal Code of 2012 if the offense was committed on or after Jan |
| 23 | | uary 1, 1999,
and when the sentence is imposed for aggravated d |
| 24 | | riving under the influence
of alcohol, other drug or drugs, o |
| 25 | | r intoxicating compound or compounds, or
any combina |
| 26 | | tion thereof as defined in subparagraph (F) of paragraph (1) of |
|
| | HB5501 | - 2529 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | |
subsection (d) of Section 11-501 of the Illinois Vehicle Code |
| 2 | | , and when
the sentence is imposed for aggravated arson if th |
| 3 | | e offense was committed
on or after July 27, 2001 (the ef |
| 4 | | fective date of Public Act 92-176), and when
the sentence |
| 5 | | is imposed for aggravated driving under the influence of alc |
| 6 | | ohol,
other drug or drugs, or intoxicating compound or com |
| 7 | | pounds, or any combination
thereof as defined in subparagra |
| 8 | | ph (C) of paragraph (1) of subsection (d) of
Section 11-501 of |
| 9 | | the Illinois Vehicle Code committed on or after January 1, 2 |
| 10 | | 011 (the effective date of Public Act 96-1230), the judge's
st |
| 11 | | atement, to be given after pronouncing the sentence, shall include the
fol |
| 12 | | lowing:
"The purpose of this statement |
| 13 | | is to inform the public of the actual period
of time this defen |
| 14 | | dant is likely to spend in prison as a result of this
sente |
| 15 | | nce. The actual period of prison time served is determined b |
| 16 | | y the
statutes of Illinois as applied to this sentence by |
| 17 | | the Illinois Department of
Corrections and
the Illinois Priso |
| 18 | | ner Review Board. In this case,
the defendant is entitled to |
| 19 | | no more than 4 1/2 days of sentence credit for
each month |
| 20 | | of his or her sentence of imprisonment. Therefore, this def |
| 21 | | endant
will serve at least 85% of his or her sentence. Assumin |
| 22 | | g the defendant
receives 4 1/2 days credit for each month o |
| 23 | | f his or her sentence, the period
of estimated actual cu |
| 24 | | stody is ... years and ... months. If the defendant,
because of |
| 25 | | his or her own misconduct or failure to comply with the |
| 26 | |
institutional regulations receives lesser credit, the actual |
|
| | HB5501 | - 2530 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | time served in
prison will be l |
| 2 | | onger."
When a sentence of impriso |
| 3 | | nment is imposed for first degree murder and
the offense was |
| 4 | | committed on or after June 19, 1998, the judge's statement,
to |
| 5 | | be given after pronouncing the sentence, shall include the fol |
| 6 | | lowing:
"The purpose of this statement |
| 7 | | is to inform the public of the actual period
of time this defen |
| 8 | | dant is likely to spend in prison as a result of this
sente |
| 9 | | nce. The actual period of prison time served is determined b |
| 10 | | y the
statutes of Illinois as applied to this sentence by |
| 11 | | the Illinois Department
of Corrections and the Illinois Priso |
| 12 | | ner Review Board. In this case, the
defendant is not ent |
| 13 | | itled to sentence credit. Therefore, this defendant
wil |
| 14 | | l serve 100% of his or her sen |
| 15 | | tence."
When the sentencing order |
| 16 | | recommends placement in a substance abuse program for a |
| 17 | | ny offense that results in incarceration
in a Department of Co |
| 18 | | rrections facility and the crime was
committed on or af |
| 19 | | ter September 1, 2003 (the effective date of Public Act
93-35 |
| 20 | | 4), the judge's
statement, in addition to any other judge's sta |
| 21 | | tement required under this
Section, to be given after prono |
| 22 | | uncing the sentence, shall include the
fol |
| 23 | | lowing:
"The purpose of this statement |
| 24 | | is to inform the public of
the actual period of time this defen |
| 25 | | dant is likely to spend in
prison as a result of this sent |
| 26 | | ence. The actual period of
prison time served is determined b |
|
| | HB5501 | - 2531 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | y the statutes of Illinois as
applied to this sentence by |
| 2 | | the Illinois Department of
Corrections and the Illinois Pris |
| 3 | | oner Review Board. In this
case, the defendant shall receive |
| 4 | | no earned sentence credit under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a |
| 6 | | substance abuse treatment program or receives a waiver from t |
| 7 | | he Director of Corrections pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing |
| 9 | | hearing and as part of the presentence investigation under Section 5- |
| 10 | | 3-1, the court shall inquire of the defendant whether |
| 11 | | the defendant is currently serving in or is a veteran of the |
| 12 | | Armed Forces of the United States.
If the defendant is curr |
| 13 | | ently serving in the Armed Forces of the United States or is a v |
| 14 | | eteran of the Armed Forces of the United States and has been di |
| 15 | | agnosed as having a mental illness by a qualified psychiatris |
| 16 | | t or clinical psychologist or physician, the court may: (1) order that the officer |
| 18 | | preparing the presentence report consult with the U |
| 19 | | nited States Department of Veterans Affairs, Illino |
| 20 | | is Department of Veterans' Affairs, or another agen |
| 21 | | cy or person with suitable knowledge or experience for th |
| 22 | | e purpose of providing the court with information r |
| 23 | | egarding treatment options available to the defendant, inc |
| 24 | | luding federal, State, and local programming; and (2) consider the treatm |
| 26 | | ent recommendations of any diagnosing or treating m |
|
| | HB5501 | - 2532 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ental health professionals together with the treatmen |
| 2 | | t options available to the defendant in imposing sentence. For the purposes of this subsecti |
| 4 | | on (c-4), "qualified psychiatrist" means a reputable phys |
| 5 | | ician licensed in Illinois to practice medicine in all its bra |
| 6 | | nches, who has specialized in the diagnosis and treatment of me |
| 7 | | ntal and nervous disorders for a period of not less than 5 |
| 8 | | years. (c-6) In imposing a sente |
| 9 | | nce, the trial judge shall specify, on the record, the par |
| 10 | | ticular evidence and other reasons which led to his or her |
| 11 | | determination that a motor vehicle was used in the commission of the o |
| 12 | | ffense. (c-7) In imposing a sentence |
| 13 | | for a Class 3 or 4 felony, other than a violent crime as d |
| 14 | | efined in Section 3 of the Rights of Crime Victims and Witn |
| 15 | | esses Act, the court shall determine and indicate in the se |
| 16 | | ntencing order whether the defendant has 4 or more or fewer than |
| 17 | | 4 months remaining on his or her sentence accounting for time |
| 18 | | served. (d) When the defendant is comm |
| 19 | | itted to the Department of
Corrections, the State's Attorney |
| 20 | | shall and counsel for the defendant
may file a statement with |
| 21 | | the clerk of the court to be transmitted to
the department |
| 22 | | , agency or institution to which the defendant is
committed t |
| 23 | | o furnish such department, agency or institution with the
fact |
| 24 | | s and circumstances of the offense for which the person was
c |
| 25 | | ommitted together with all other factual information accessibl |
| 26 | | e to them
in regard to the person prior to his commitme |
|
| | HB5501 | - 2533 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | nt relative to his habits,
associates, disposition and reputati |
| 2 | | on and any other facts and
circumstances which may aid |
| 3 | | such department, agency or institution
during its custody of suc |
| 4 | | h person. The clerk shall within 10 days after
receiving any |
| 5 | | such statements transmit a copy to such department, agency
or |
| 6 | | institution and a copy to the other party, provided, howev |
| 7 | | er, that
this shall not be cause for delay in conveying the |
| 8 | | person to the
department, agency or institution to which he has been com |
| 9 | | mitted.
(e) The clerk of the c |
| 10 | | ourt shall transmit to the department,
agency or institu |
| 11 | | tion, if any, to which the defendant is committed, the
following:
(1) the sentence imposed;
(2) any statement by |
| 14 | | the court of the basis for imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance a |
| 18 | | buse treatment eligibility screening and assessment of |
| 19 | | the defendant by an agent designated by the State of Illi |
| 20 | | nois to provide assessment services for the Illinois courts;
(4) the number of days, i |
| 22 | | f any, which the defendant has been in
custody and for whic |
| 23 | | h he is entitled to credit against the sentence,
which inf |
| 24 | | ormation shall be provided to the clerk by the sheriff;
(4.1) any finding of gre |
| 26 | | at bodily harm made by the court with respect
to an offens |
|
| | HB5501 | - 2535 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | nor and both houses of the General Assembly the following information: (1) the extent of the |
| 3 | | backlog of cases awaiting testing or awaiting DNA analysis by the Illinois State Police that Department, including, but not limi |
| 5 | | ted to, those tests conducted under Section 5-4-3, as of June 30 of the previous fiscal ye |
| 7 | | ar, with the backlog being defined as all cases awaiting f |
| 8 | | orensic testing whether in the physical custody of the I |
| 9 | | llinois State Police or in the physical custody of local |
| 10 | | law enforcement, provided that the Illinois State Police |
| 11 | | have written notice of any evidence in the physical custod |
| 12 | | y of local law enforcement prior to June 1 of that year; and (2) what measures have b |
| 14 | | een and are being taken to reduce that backlog |
| 15 | | and the estimated costs or expenditures in do |
| 16 | | ing so. (b) The information reported u |
| 17 | | nder this Section shall be made available to the public, at t |
| 18 | | he time it is reported, on the official website web site of the Illinois State |
| 19 | | Police.
(c) Beginning January 1, 2016, |
| 20 | | the Illinois State Police shall quarterly report on the s |
| 21 | | tatus of the processing of biology submitted to the Illinois S |
| 22 | | tate Police Laboratory for analysis. The report shall be sub |
| 23 | | mitted to the Governor and the General Assembly, and shall |
| 24 | | be posted on the Illinois State Police website. The report s |
| 25 | | hall include the following for each Illinois State Police L |
| 26 | | aboratory location and any laboratory to which the Illinois S |
|
| | HB5501 | - 2537 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ies of testing (e.g., drug chemistry, firearms/toolmark, f |
| 2 | | ootwear/tire track, latent prints, toxicology, and trace chemistry analysis): (A) The number of a |
| 4 | | ssignments received in the preceding quarter. (B) The number of as |
| 6 | | signments completed in the preceding quarter. (C) The number of assignments awaiting waiting analysis. (D) The number of cas |
| 10 | | es entered in the National Integrated Ballistic Information Network (NIBIN). (E) The number of inv |
| 12 | | estigative leads developed from National Integrated Bal |
| 13 | | listic Information Network (NIBIN) analysis. (4) For the Combined DNA In |
| 15 | | dex System (CODIS), report both total assignment a |
| 16 | | nd sexual assault or abuse assignment (as defined by t |
| 17 | | he Sexual Assault Evidence Submission Act) figures for s |
| 18 | | ubparagraphs (D), (E), and (F) of this paragraph (4): (A) The number of new of |
| 20 | | fender samples received in the preceding quarter. (B) The number of of |
| 22 | | fender samples uploaded to CODIS in the preceding quarter. (C) The number of |
| 24 | | offender samples awaiting analysis. (D) The number of |
| 26 | | unknown DNA case profiles uploaded to CODIS in the preceding quarter. (E) The number of C |
| 2 | | ODIS hits in the preceding quarter. (F) The number of for |
| 4 | | ensic evidence submissions submitted to confirm a previously reported CODIS hit. (5) For each category of tes |
| 6 | | ting, report the number of trained forensic scientists |
| 7 | | and the number of forensic scientists in training. As used in this subsect |
| 9 | | ion (c), "completed" means completion of both the analys |
| 10 | | is of the evidence and the provision of the results to the |
| 11 | | submitting law enforcement agency. (d) The provisions of this subse |
| 13 | | ction (d), other than this sentence, are inoperative on and |
| 14 | | after January 1, 2019 or 2 years after the effective date of |
| 15 | | this amendatory Act of the 99th General Assembly, whichever |
| 16 | | is later. In consultation with and subject to the approva |
| 17 | | l of the Chief Procurement Officer, the Illinois State Polic |
| 18 | | e may obtain contracts for services, commodities, and equipme |
| 19 | | nt to assist in the timely completion of biology, drug che |
| 20 | | mistry, firearms/toolmark, footwear/tire track, latent print |
| 21 | | s, toxicology, microscopy, trace chemistry, and Combine |
| 22 | | d DNA Index System (CODIS) analysis. Contracts to support the d |
| 23 | | elivery of timely forensic science services are not subjec |
| 24 | | t to the provisions of the Illinois Procurement Code, except for Sections |
| 25 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 o |
| 26 | | f that Code, provided that the Chief Procurement Of |
|
| | HB5501 | - 2540 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ection 401.1 or 407 of the
Illinois Controlled Substan |
| 2 | | ces Act, or a violation of subdivision (c)(1.5) of
Sec |
| 3 | | tion 401 of that Act which relates to more than 5 grams |
| 4 | | of a substance
containing fentanyl or an analog thereof.
(D-5) A violation of subdivi |
| 6 | | sion (c)(1) of
Section 401 of the Illinois Controlled Subst |
| 7 | | ances Act which relates to 3 or more grams of a substan |
| 8 | | ce
containing heroin or an analog thereof. (E) (Blank).
(F) A Class 1 or greater |
| 11 | | felony if the offender had been convicted
of a Class 1 or |
| 12 | | greater felony, including any state or federal conv |
| 13 | | iction for an offense that contained, at the time it was co |
| 14 | | mmitted, the same elements as an offense now (the date of t |
| 15 | | he offense committed after the prior Class 1 or greater fel |
| 16 | | ony) classified as a Class 1 or greater felony, within 10 |
| 17 | | years of the date on which the
offender
committed the offe |
| 18 | | nse for which he or she is being sentenced, except as
oth |
| 19 | | erwise provided in Section 40-10 of the Substance Use Disorder Act.
(F-3) A Class 2 or gre |
| 21 | | ater felony sex offense or felony firearm offense if the o |
| 22 | | ffender had been convicted of a Class 2 or greater felo |
| 23 | | ny, including any state or federal conviction for an offe |
| 24 | | nse that contained, at the time it was committed, the same |
| 25 | | elements as an offense now (the date of the offense committ |
| 26 | | ed after the prior Class 2 or greater felony) classifi |
|
| | HB5501 | - 2541 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ed as a Class 2 or greater felony, within 10 years of the |
| 2 | | date on which the offender committed the offense fo |
| 3 | | r which he or she is being sentenced, except as otherwise provi |
| 4 | | ded in Section 40-10 of the Substance Use Disorder Act. (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of the Criminal Code of 1961 or |
| 7 | | the Criminal Code of 2012 for which imprisonment is prescribed in those Sections. (G) Residential burglary, ex |
| 9 | | cept as otherwise provided in Section 40-10
of the Substance Use Disorder Act.
(H) Criminal sexual assault.
(I) Aggravated batt |
| 12 | | ery of a senior citizen as described in Section 12-4. |
| 13 | | 6 or subdivision (a)(4) of Section 12-3.05 of the Cr |
| 14 | | iminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if |
| 16 | | the offense was related to the activities of an
organized gang.
Before July 1, 1994 |
| 18 | | , for the purposes of this paragraph, "organized
gang" me |
| 19 | | ans an association of 5 or more persons, with an e |
| 20 | | stablished hierarchy,
that encourages members of the associ |
| 21 | | ation to perpetrate crimes or provides
support to the memb |
| 22 | | ers of the association who do commit crimes.
Beginning July 1, 1994 |
| 24 | | , for the purposes of this paragraph,
"organized gang" has |
| 25 | | the meaning ascribed to it in Section 10 of the Illinois
St |
| 26 | | reetgang Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent |
| 3 | | conviction for the offense of hate crime
when the underly |
| 4 | | ing offense upon which the hate crime is based is felony
ag |
| 5 | | gravated
assault or felony mob action.
(M) A second or subsequent |
| 7 | | conviction for the offense of institutional
vandalism if |
| 8 | | the damage to the property exceeds $300.
(N) A Class 3 felony vio |
| 10 | | lation of paragraph (1) of subsection (a) of
Secti |
| 11 | | on 2 of the Firearm Owners Identification Card Act.
(O) A violation of Section 12- |
| 13 | | 6.1 or 12-6.5 of the Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragrap |
| 15 | | h (1), (2), (3), (4), (5), or (7) of
subsection (a)
of Se |
| 16 | | ction 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012.
(P-5) A violation of parag |
| 18 | | raph (6) of subsection (a) of
Section 11-20.1 of the Cr |
| 19 | | iminal Code of 1961 or the
Criminal Code of 2012 if th |
| 20 | | e victim is a household or
family member of the defendant. (Q) A violation of subsection (b) |
| 22 | | or (b-5) of Section 20-1, Section 20-1.2, or Section 20 |
| 23 | | -1.3 of the Criminal Code of
1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code of
1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violat |
| 3 | | ion of Section 6-303 of the Illinois Vehicle Code |
| 4 | | committed while his or her driver's license, permit, or pri |
| 5 | | vilege was revoked because of a violation of Section 9-3 of |
| 6 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
| 7 | | relating to the offense of reckless homicide, or a sim |
| 8 | | ilar provision of a law of another state.
(V)
A violation of paragrap |
| 10 | | h (4) of subsection (c) of Section 11-20.1B or paragrap |
| 11 | | h (4) of subsection (c) of Section 11-20.3 of the Criminal |
| 12 | | Code of 1961, or paragraph (6) of subsection (a) of Section 11-20.1 of the Criminal Code of 2012 when the victim is |
| 14 | | under 13 years of age and the defendant has previously bee |
| 15 | | n convicted under the laws of this State or any other sta |
| 16 | | te of the offense of child pornography, aggravated chi |
| 17 | | ld pornography, aggravated criminal sexual abuse, aggravate |
| 18 | | d criminal sexual assault, predatory criminal sexual ass |
| 19 | | ault of a child, or any of the offenses formerly kno |
| 20 | | wn as rape, deviate sexual assault, indecent liberties w |
| 21 | | ith a child, or aggravated indecent liberties with a child |
| 22 | | where the victim was under the age of 18 years or an off |
| 23 | | ense that is substantially equivalent to those offenses. (W) A violation of Section 24-3.5 of the Criminal Code of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) |
|
| | HB5501 | - 2545 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | community service shall be imposed for a
violation of paragraph (c) |
| 2 | | of Section 6-303 of the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in par |
| 5 | | agraphs (4.3) and (4.8) of this subsection (c), a
minimum |
| 6 | | of
100 hours of community service shall be imposed for a s |
| 7 | | econd violation of
Section 6-303
of the Illinois Vehicle Code.
(4.3) A minimum term of impr |
| 9 | | isonment of 30 days or 300 hours of community
service, as dete |
| 10 | | rmined by the court, shall
be imposed for a second violation of |
| 11 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
(4.4) Except as provided in par |
| 13 | | agraphs
(4.5), (4.6), and (4.9) of this
subsection (c), a
mi |
| 14 | | nimum term of imprisonment of 30 days or 300 hours of community |
| 15 | | service, as
determined by the court, shall
be imposed |
| 16 | |
for a third or subsequent violation of Section 6-303 of the |
| 17 | | Illinois Vehicle
Code. The court may give credit toward th |
| 18 | | e fulfillment of community service hours for participation in a |
| 19 | | ctivities and treatment as determined by court services.
(4.5) A minimum term of impris |
| 21 | | onment of 30 days
shall be imposed for a third violation of |
| 22 | | subsection (c) of
Section 6-303 of the Illinois Vehicle Code.
(4.6) Except as provided i |
| 24 | | n paragraph (4.10) of this subsection (c), a minimum term o |
| 25 | | f imprisonment of 180 days shall be imposed for a
fourth |
| 26 | | or subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
(4.7) A minimum term of impris |
| 2 | | onment of not less than 30 consecutive days, or 300 hours of c |
| 3 | | ommunity service, shall be imposed for a violation of subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, as provided |
| 5 | | in subsection (b-5) of that Section.
(4.8) A mandatory prison sente |
| 7 | | nce shall be imposed for a second violation of subsection (a-5) of |
| 8 | | Section 6-303 of the Illinois Vehicle Code, as provided in subs |
| 9 | | ection (c-5) of that Section. The person's driving privi |
| 10 | | leges shall be revoked for a period of not less than 5 years f |
| 11 | | rom the date of his or her release from prison.
(4.9) A mandatory prison sente |
| 13 | | nce of not less than 4 and not more than 15 years shall be imp |
| 14 | | osed for a third violation of subsection (a-5) of Section 6-3 |
| 15 | | 03 of the Illinois Vehicle Code, as provided in subsection (d-2.5) of that Section. The person's driving privileges shall be |
| 17 | | revoked for the remainder of his or her life.
(4.10) A mandatory prison sen |
| 19 | | tence for a Class 1 felony shall be imposed, and the perso |
| 20 | | n shall be eligible for an extended term sentence, for a four |
| 21 | | th or subsequent violation of subsection (a-5) of Section 6-3 |
| 22 | | 03 of the Illinois Vehicle Code, as provided in subsection (d-3.5) of that Section. The person's driving privileges shall be |
| 24 | | revoked for the remainder of his or her life.
(5) The court may sentence a cor |
| 26 | | poration or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under |
| 4 | | Section 5-5-6 of this Code.
(5.1) In addition to any ot |
| 6 | | her penalties imposed, and except as provided in paragrap |
| 7 | | h (5.2) or (5.3), a person
convicted of violating subsection (c) of S |
| 8 | | ection 11-907 of the Illinois
Vehicle Code shall have hi |
| 9 | | s or her driver's license, permit, or privileges
suspended fo |
| 10 | | r at least 90 days but not more than one year, if the violation |
| 11 | |
resulted in damage to the property of another person.
(5.2) In addition to any ot |
| 13 | | her penalties imposed, and except as provided in paragraph (5 |
| 14 | | .3), a person convicted
of violating subsection (c) of Section 11 |
| 15 | | -907 of the Illinois Vehicle Code
shall have his or her |
| 16 | | driver's license, permit, or privileges suspended for at
least |
| 17 | | 180 days but not more than 2 years, if the violation res |
| 18 | | ulted in injury
to
another person.
(5.3) In addition to any other p |
| 20 | | enalties imposed, a person convicted of violating subsection (c) of S |
| 21 | | ection
11-907 of the Illinois Vehicle Code shall have hi |
| 22 | | s or her driver's license,
permit, or privileges suspended for |
| 23 | | 2 years, if the violation resulted in the
death of another person.
(5.4) In addition to any other p |
| 25 | | enalties imposed, a person convicted of violating Section 3-7 |
| 26 | | 07 of the Illinois Vehicle Code shall have his or her dr |
|
| | HB5501 | - 2549 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ntest held at the athletic facility. For the purposes of
th |
| 2 | | is paragraph (11), "sports official" means a person at an ath |
| 3 | | letic contest
who enforces the rules of the contest, suc |
| 4 | | h as an umpire or referee; "athletic facility" means an indoo |
| 5 | | r or outdoor playing field or recreational area where sports |
| 6 | | activities are conducted;
and "coach" means a person re |
| 7 | | cognized as a coach by the sanctioning
authority that conducted the sporting event. (12) A person may not rece |
| 9 | | ive a disposition of court supervision for a
violation of Sect |
| 10 | | ion 5-16 of the Boat Registration and Safety Act if |
| 11 | | that
person has previously received a disposition of court supe |
| 12 | | rvision for a
violation of that Section.
(13) A person convicted of or p |
| 14 | | laced on court supervision for an assault or aggravated assau |
| 15 | | lt when the victim and the offender are family or household mem |
| 16 | | bers as defined in Section 103 of the Illinois Domestic Violenc |
| 17 | | e Act of 1986 or convicted of domestic battery or aggravat |
| 18 | | ed domestic battery may be required to attend a Partner Abuse |
| 19 | | Intervention Program under protocols set forth by the Il |
| 20 | | linois Department of Human Services under such terms and conditi |
| 21 | | ons imposed by the court. The costs of such classes shall be paid by the of |
| 22 | | fender.
(d) In any case in which a sent |
| 23 | | ence originally imposed is vacated,
the case shall be remande |
| 24 | | d to the trial court. The trial court shall
hold a hearing under Section |
| 25 | | 5-4-1 of this Code
which may include evidence of t |
| 26 | | he defendant's life, moral character and
occupation during t |
|
| | HB5501 | - 2550 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | he time since the original sentence was passed. The
tri |
| 2 | | al court shall then impose sentence upon the defendant. The |
| 3 | | trial
court may impose any sentence which could have been imp |
| 4 | | osed at the
original trial subject to Section 5-5-4 of this Code |
| 5 | | .
If a sentence is vacated on appeal or on collateral attack |
| 6 | | due to the
failure of the trier of fact at trial to determine |
| 7 | | beyond a reasonable doubt
the
existence of a fact (othe |
| 8 | | r than a prior conviction) necessary to increase the
punishm |
| 9 | | ent for the offense beyond the statutory maximum otherw |
| 10 | | ise applicable,
either the defendant may be re-sentenced |
| 11 | | to a term within the range otherwise
provided or, if the |
| 12 | | State files notice of its intention to again seek the
extend |
| 13 | | ed sentence, the defendant shall be afforded a new |
| 14 | | trial.
(e) In cases where prosecuti |
| 15 | | on for
aggravated criminal sexual abuse under Section 11-1.60 or 1 |
| 16 | | 2-16 of the
Criminal Code of 1961 or the Criminal Code of |
| 17 | | 2012 results in conviction of a defendant
who was a family m |
| 18 | | ember of the victim at the time of the commission of th |
| 19 | | e
offense, the court shall consider the safety and welfare of t |
| 20 | | he victim and
may impose a sentence of probation only where:
(1) the court fi |
| 22 | | nds (A) or (B) or both are appropriate:
(A) the defendant is |
| 24 | | willing to undergo a court approved counseling
program |
| 25 | | for a minimum duration of 2 years; or
(B) the defendant is w |
|
| | HB5501 | - 2552 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | scribed to them in Section 11-0.1 of the Criminal Code o |
| 2 | | f
2012.
(f) ( |
| 3 | | Blank).
(g) Whenever a defendant is con |
| 4 | | victed of an offense under Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 1 |
| 5 | | 1-1.60,
11-14, 11-14.3, 11-14.4 except for an offen |
| 6 | | se that involves keeping a place of juvenile prostitution, 11-15, 11-15.1, |
| 7 | | 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, |
| 8 | |
12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Cr |
| 9 | | iminal Code of 1961 or the Criminal Code of 2012,
the defen |
| 10 | | dant shall undergo medical testing to
determine whether the |
| 11 | | defendant has any sexually transmissible disease,
including |
| 12 | | a test for infection with human immunodeficiency virus (HI |
| 13 | | V) or
any other identified causative agent of acquired immunode |
| 14 | | ficiency syndrome
(AIDS). Any such medical test shall be perfo |
| 15 | | rmed only by appropriately
licensed medical practitioners and |
| 16 | | may include an analysis of any bodily
fluids as well as an exam |
| 17 | | ination of the defendant's person.
Except as otherwise provi |
| 18 | | ded by law, the results of such test shall be kept
strictly c |
| 19 | | onfidential by all medical personnel involved in the test |
| 20 | | ing and must
be personally delivered in a sealed envelope to |
| 21 | | the judge of the court in which
the conviction was entered for |
| 22 | | the judge's inspection in camera. Acting in
accordance with |
| 23 | | the best interests of the victim and the public, the judge
sh |
| 24 | | all have the discretion to determine to whom, if anyone, the res |
| 25 | | ults of the
testing may be revealed. The court shall notify |
| 26 | | the defendant
of the test results. The court shall
also noti |
|
| | HB5501 | - 2553 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fy the victim if requested by the victim, and if the victim is |
| 2 | | under
the age of 15 and if requested by the victim's parents or |
| 3 | | legal guardian, the
court shall notify the victim's parent |
| 4 | | s or legal guardian of the test
results.
The court shall |
| 5 | | provide information on the availability of HIV testing
and c |
| 6 | | ounseling at Department of Public Health facilities to all part |
| 7 | | ies to
whom the results of the testing are revealed and shall d |
| 8 | | irect the State's
Attorney to provide the information to the v |
| 9 | | ictim when possible.
The court shall order that the cost of a |
| 10 | | ny such test
shall be paid by the county and may be taxed as c |
| 11 | | osts against the convicted
def |
| 12 | | endant.
(g-5) When an inmate |
| 13 | | is tested for an airborne communicable disease, as
determined |
| 14 | | by the Illinois Department of Public Health, including, but not
limited to, tuberculosis, the results of the test shall be
p |
| 16 | | ersonally delivered by the warden or his or her designee in a se |
| 17 | | aled envelope
to the judge of the court in which the inmate m |
| 18 | | ust appear for the judge's
inspection in camera if requeste |
| 19 | | d by the judge. Acting in accordance with the
best interests |
| 20 | | of those in the courtroom, the judge shall have the discretio |
| 21 | | n
to determine what if any precautions need to be taken to p |
| 22 | | revent transmission
of the disease in the cou |
| 23 | | rtroom.
(h) Whenever a defendant is con |
| 24 | | victed of an offense under Section 1 or 2
of the Hypodermic Syr |
| 25 | | inges and Needles Act, the defendant shall undergo
medical te |
| 26 | | sting to determine whether the defendant has been exposed to hu |
|
| | HB5501 | - 2554 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | man
immunodeficiency virus (HIV) or any other identified c |
| 2 | | ausative agent of
acquired immunodeficiency syndrome (AIDS). Ex |
| 3 | | cept as otherwise provided by
law, the results of such t |
| 4 | | est shall be kept strictly confidential by all
medical personn |
| 5 | | el involved in the testing and must be personally delivered i |
| 6 | | n a
sealed envelope to the judge of the court in which the conv |
| 7 | | iction was entered
for the judge's inspection in camera. Act |
| 8 | | ing in accordance with the best
interests of the public |
| 9 | | , the judge shall have the discretion to determine to
whom, if |
| 10 | | anyone, the results of the testing may be revealed. The court |
| 11 | | shall
notify the defendant of a positive test showing a |
| 12 | | n infection with the human
immunodeficiency virus (HIV |
| 13 | | ). The court shall provide information on the
availability of |
| 14 | | HIV testing and counseling at Department of Public Health
fa |
| 15 | | cilities to all parties to whom the results of the testing are |
| 16 | | revealed and
shall direct the State's Attorney to provide the |
| 17 | | information to the victim when
possible. The court shall order |
| 18 | | that the cost of any
such test shall be paid by the county |
| 19 | | and may be taxed as costs against the
convicted def |
| 20 | | endant.
(i) All fines and penalties impo |
| 21 | | sed under this Section for any violation
of Chapters 3, 4, |
| 22 | | 6, and 11 of the Illinois Vehicle Code, or a similar
provision |
| 23 | | of a local ordinance, and any violation
of the Child Pass |
| 24 | | enger Protection Act, or a similar provision of a local
ordinan |
| 25 | | ce, shall be collected and disbursed by the circuit
clerk as p |
| 26 | | rovided under the Criminal and Traffic Assessme |
|
| | HB5501 | - 2555 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | nt Act.
(j) In cases when prosecution fo |
| 2 | | r any violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11- |
| 3 | | 6, 11-8,
11-9, 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, |
| 4 | | 11-16, 11-17, 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 1 |
| 6 | | 2-14, 12-14.1, 12-15, or
12-16 of the
Criminal Co |
| 7 | | de of 1961 or the Criminal Code of 2012, any violation |
| 8 | | of the Illinois Controlled Substances Act,
any violation of th |
| 9 | | e Cannabis Control Act, or any violation of the Methampheta |
| 10 | | mine Control and Community Protection Act results in convicti |
| 11 | | on, a
disposition of court supervision, or an order of probatio |
| 12 | | n granted under
Section 10 of the Cannabis Control Act, S |
| 13 | | ection 410 of the Illinois
Controlled Substances |
| 14 | | Act, or Section 70 of the Methamphetamine Control and Com |
| 15 | | munity Protection Act of a defendant, the court shall determin |
| 16 | | e whether the
defendant is employed by a facility or center |
| 17 | | as defined under the Child Care
Act of 1969, a public or priva |
| 18 | | te elementary or secondary school, or otherwise
works with chil |
| 19 | | dren under 18 years of age on a daily basis. When a defendant |
| 20 | |
is so employed, the court shall order the Clerk of the C |
| 21 | | ourt to send a copy of
the judgment of conviction or order of s |
| 22 | | upervision or probation to the
defendant's employer by certifie |
| 23 | | d mail.
If the employer of the defendant is a school, the Clerk |
| 24 | | of the Court shall
direct the mailing of a copy of the judgment |
| 25 | | of conviction or order of
supervision or probation t |
| 26 | | o the appropriate regional superintendent of schools.
The |
|
| | HB5501 | - 2556 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | regional superintendent of schools shall notify the State |
| 2 | | Board of
Education of any notification under this subs |
| 3 | | ection.
(j-5) A defendant at least 17 yea |
| 4 | | rs of age who is convicted of a felony and
who has not been |
| 5 | | previously convicted of a misdemeanor or felony and who |
| 6 | | is
sentenced to a term of imprisonment in the Illinois Depar |
| 7 | | tment of Corrections
shall as a condition of his or her sentenc |
| 8 | | e be required by the court to attend
educational cours |
| 9 | | es designed to prepare the defendant for a high school diploma |
| 10 | |
and to work toward a high school diploma or to work |
| 11 | | toward passing high school equivalency testing or to work towa |
| 12 | | rd
completing a vocational training program offered by the Depa |
| 13 | | rtment of
Corrections. If a defendant fails to complet |
| 14 | | e the educational training
required by his or her s |
| 15 | | entence during the term of incarceration, the Prisoner
Review B |
| 16 | | oard shall, as a condition of mandatory supervised release, req |
| 17 | | uire the
defendant, at his or her own expense, to pursue a cou |
| 18 | | rse of study toward a high
school diploma or passage of high sc |
| 19 | | hool equivalency testing. The Prisoner Review Board |
| 20 | | shall
revoke the mandatory supervised release of a defendant wh |
| 21 | | o wilfully fails to
comply with this subsection (j-5) up |
| 22 | | on his or her release from confinement in a
penal institution |
| 23 | | while serving a mandatory supervised release term; how |
| 24 | | ever,
the inability of the defendant after making a good faith |
| 25 | | effort to obtain
financial aid or pay for the educational trai |
| 26 | | ning shall not be deemed a wilful
failure to comply. The P |
|
| | HB5501 | - 2557 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | risoner Review Board shall recommit the defendant
whose mandato |
| 2 | | ry supervised release term has been revoked under this subsection
|
| 3 | | (j-5) as provided in Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school d |
| 5 | | iploma or has successfully passed high school equivalency testing. T |
| 6 | | his subsection (j-5) does not apply to a defendant who is |
| 7 | | determined by
the court to be a person with a development |
| 8 | | al disability or otherwise mentally incapable of
completing the |
| 9 | | educational or vocational p |
| 10 | | rogram.
(k) (Blank).
(l) (A) Except as provided
in p |
| 12 | | aragraph (C) of subsection (l), whenever a defendant,
who is |
| 13 | | an alien as defined by the Immigration and Nationality Act, is |
| 14 | | convicted
of any felony or misdemeanor offense, the court afte |
| 15 | | r sentencing the defendant
may, upon motion of the State's |
| 16 | | Attorney, hold sentence in abeyance and remand
the defen |
| 17 | | dant to the custody of the Attorney General of
the United State |
| 18 | | s or his or her designated agent to be deported when:
(1) a final order of d |
| 20 | | eportation has been issued against the defendant
pursuan |
| 21 | | t to proceedings under the Immigration and Nationality Act, and
(2) the deportation |
| 23 | | of the defendant would not deprecate the seriousness
of t |
| 24 | | he defendant's conduct and would not be inconsistent with the ends of
justice.
Otherwise, the defendant shall b |
| 26 | | e sentenced as provided in this Chapter V.
(B) If the defendant has al |
| 2 | | ready been sentenced for a felony or
misdemeanor
offense, or ha |
| 3 | | s been placed on probation under Section 10 of the Cannabis
Co |
| 4 | | ntrol Act,
Section 410 of the Illinois Controlled Substances |
| 5 | | Act, or Section 70 of the Methamphetamine Control and Com |
| 6 | | munity Protection Act, the court
may, upon motion of the State |
| 7 | | 's Attorney to suspend the
sentence imposed, commit the defen |
| 8 | | dant to the custody of the Attorney General
of the United State |
| 9 | | s or his or her designated agent when:
(1) a final order of d |
| 11 | | eportation has been issued against the defendant
pursuan |
| 12 | | t to proceedings under the Immigration and Nationality Act, and
(2) the deportation |
| 14 | | of the defendant would not deprecate the seriousness
of t |
| 15 | | he defendant's conduct and would not be inconsistent with the ends of
justice.
(C) This subsection (l) does |
| 17 | | not apply to offenders who are subject to the
provisions of p |
| 18 | | aragraph (2) of subsection (a) of Section 3-6-3.
(D) Upon motion of the State' |
| 20 | | s Attorney, if a defendant sentenced under
this Section retu |
| 21 | | rns to the jurisdiction of the United States, the defendant
s |
| 22 | | hall be recommitted to the custody of the county from whic |
| 23 | | h he or she was
sentenced.
Thereafter, the defendant s |
| 24 | | hall be brought before the sentencing court, which
may im |
| 25 | | pose any sentence that was available under Section 5-5-3 at the time of
initial sentencing. In addition, the defen |
|
| | HB5501 | - 2559 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | dant shall not be eligible for
additional earned sentenc |
| 2 | | e credit as provided under
Section 3-6-3.
(m) A person convicted of crimi |
| 4 | | nal defacement of property under Section
21-1.3 of the Cr |
| 5 | | iminal Code of 1961 or the Criminal Code of 2012, in which t |
| 6 | | he property damage exceeds $300
and the property damaged is a |
| 7 | | school building, shall be ordered to perform
community service |
| 8 | | that may include cleanup, removal, or painting over the
defa |
| 9 | | cement.
(n) The court may senten |
| 10 | | ce a person convicted of a violation of Section
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12- |
| 12 | | 4.4a, of the Criminal Code of 1961 or the Criminal Cod |
| 13 | | e of 2012 (i) to an impact
incarceration program if the person |
| 14 | | is otherwise eligible for that program
under Section 5-8-1.1, |
| 15 | | (ii) to community service, or (iii) if the person has a substanc |
| 16 | | e use disorder, as defined
in the Substance Use Disorder A |
| 17 | | ct, to a treatment program
licensed under t |
| 18 | | hat Act. (o) Whenever a person is con |
| 19 | | victed of a sex offense as defined in Section 2 of the Sex Offe |
| 20 | | nder Registration Act, the defendant's driver's license or |
| 21 | | permit shall be subject to renewal on an annual basis in acco |
| 22 | | rdance with the provisions of license renewal established by the Secretary |
| 23 | | of State.
(Source: P.A. 101-81, eff. 7-12-19; 102-168, |
| 24 | | eff. 7-27-21; 102-531, eff. 1-1-22; revised 10-12-21.)
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
Sec. 5-9-1.4. (a) "C |
| 2 | | rime laboratory" means any not-for-profit
laboratory registered |
| 3 | | with the Drug Enforcement Administration of the
United Sta |
| 4 | | tes Department of Justice, substantially funded by a unit |
| 5 | | or
combination of units of local government or the State of |
| 6 | | Illinois, which
regularly employs at least one person |
| 7 | | engaged in the analysis
of controlled substances, cannabis, me |
| 8 | | thamphetamine, or steroids for criminal justice
agencies in cri |
| 9 | | minal matters and provides testimony with respect to such
examin |
| 10 | | ations.
(b) ( |
| 11 | | Blank).
(c) In addition to any other di |
| 12 | | sposition made pursuant to the provisions
of the Juvenile Co |
| 13 | | urt Act of 1987, any minor adjudicated delinquent for an
offens |
| 14 | | e
which if committed by an adult would constitute a violati |
| 15 | | on of the Cannabis
Control Act, the Illinois Cont |
| 16 | | rolled Substances Act, the Methamphetamine Control and Commun |
| 17 | | ity Protection Act, or the Steroid Control
Act shall be |
| 18 | | required to pay a criminal laboratory analysis assessment of $ |
| 19 | | 100
for each
adjudication.
Upon verified petition of the mi |
| 20 | | nor, the court may suspend payment of
all or part of the asses |
| 21 | | sment if it finds that the minor does not have the ability
|
| 22 | | to pay the assessment.
The parent, guardian, or legal custodian |
| 23 | | of the minor may pay
some or all of such assessment on the minor's |
| 24 | | behalf.
(d) All criminal laboratory ana |
| 25 | | lysis fees provided for by this Section shall
be collected by |
| 26 | | the clerk of the court and forwarded to the appropriate
crime l |
|
| | HB5501 | - 2561 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | aboratory fund as provided in subsecti |
| 2 | | on (f).
(e) Crime laboratory fun |
| 3 | | ds shall be established as follows:
(1) Any unit of local go |
| 5 | | vernment which maintains a crime laboratory may
establi |
| 6 | | sh a crime laboratory fund within the office of the county or municipal treasurer.
(2) Any combination of units |
| 8 | | of local government which maintains a crime
labora |
| 9 | | tory may establish a crime laboratory fund within the offi |
| 10 | | ce of the
treasurer of the county where the crime laboratory is situated.
(3) The State Crime Laborat |
| 12 | | ory Fund is hereby
created as a special fund in the State |
| 13 | | Treasury. Notwithstanding any other provision of l |
| 14 | | aw to the contrary, and in addition to any other transfe |
| 15 | | rs that may be provided by law, on August 20, 2021 (the effective d |
| 16 | | ate of Public Act 102-505) this amendator |
| 17 | | y Act of the 102nd General Assembly, or as soon thereaft |
| 18 | | er as practical, the State Comptroller shall direct and |
| 19 | | the State Treasurer shall transfer the remaining balance f |
| 20 | | rom the State Offender DNA Identification System
Fund into |
| 21 | | the State Crime Laboratory Fund. Upon completion of the tr |
| 22 | | ansfer, the State Offender DNA Identification System
|
| 23 | | Fund is dissolved, and any future deposits due to tha |
| 24 | | t Fund and any outstanding obligations or liabilities of t |
| 25 | | hat Fund shall pass to the State Crime Laboratory |
| 26 | | Fund.
(f) The analysis assessment prov |
|
| | HB5501 | - 2562 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ided for in subsection (c) of this
Section shall be forw |
| 2 | | arded to the office of the treasurer of the unit of
local gov |
| 3 | | ernment that performed the analysis if that unit of local
go |
| 4 | | vernment has established a crime laboratory fund, or to the S |
| 5 | | tate Crime
Laboratory Fund if the analysis was performed by a |
| 6 | | laboratory operated by
the Illinois State Police. If the a |
| 7 | | nalysis was performed by a crime
laboratory funded by a com |
| 8 | | bination of units of local government, the
analysis assessment |
| 9 | | shall be forwarded to the treasurer of the
county where the cr |
| 10 | | ime laboratory is situated if a crime laboratory fund
ha |
| 11 | | s been established in that county. If the unit of local go |
| 12 | | vernment or
combination of units of local government h |
| 13 | | as not established a crime
laboratory fund, then the an |
| 14 | | alysis assessment shall be forwarded to the State
Crime Laborator |
| 15 | | y Fund.
(g) Moneys deposited into a cri |
| 16 | | me laboratory fund created pursuant to paragraph
paragraphs (1 |
| 17 | | ) or (2) of subsection (e) of this Section shall be in
additi |
| 18 | | on to any allocations made pursuant to existing law and s |
| 19 | | hall be
designated for the exclusive use of the crime laboratory |
| 20 | | . These uses may
include, but are not limited to, the following:
(1) costs incurred |
| 22 | | in providing analysis for controlled substances i |
| 23 | | n
connection with criminal investigations conducted within this State;
(2) purchase and maintenan |
| 25 | | ce of equipment for use in performing analyses; and
(3) continuing education, training, and professional development of
forensic
scient |
| 2 | | ists regularly employed by these labora |
| 3 | | tories.
(h) Moneys deposited in the S |
| 4 | | tate Crime Laboratory Fund created pursuant
to paragraph (3) |
| 5 | | of subsection (d) of this Section shall be used by S |
| 6 | | tate
crime laboratories as designated by the Director of the Ill |
| 7 | | inois State Police. These
funds shall be in addition to any al |
| 8 | | locations made pursuant to existing law
and shall be designate |
| 9 | | d for the exclusive use of State crime laboratories or for t |
| 10 | | he sexual assault evidence tracking system created under Sectio |
| 11 | | n 50 of the Sexual Assault Evidence Submission Act.
Th |
| 12 | | ese uses may include those enumerated in subsection (g) of th |
| 13 | | is Section.
(Source: P.A. 101-377, eff. 8-16-19; 102-505, |
| 14 | | eff. 8-20-21; 102-538, eff. 8-20-21; revised 10-12-21.)
(730 ILCS 5/5-9-1.9)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-f |
| 18 | | or-profit laboratory substantially
funded by a single un |
| 19 | | it or combination of units of local government or the
State |
| 20 | | of
Illinois that regularly employs at least one person enga |
| 21 | | ged in the DUI
analysis of blood, other bodily substance, and |
| 22 | | urine for criminal justice agencies in criminal matters
a |
| 23 | | nd provides testimony with respect to such examin |
| 24 | | ations.
"DUI analysis" means an analys |
| 25 | | is of blood, other bodily substance, or urine for purpose |
|
| | HB5501 | - 2564 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | s of
determining whether a violation of Section 11-501 of the |
| 2 | | Illinois Vehicle Code
has oc |
| 3 | | curred.
(b) ( |
| 4 | | Blank).
(c) In addition to any other |
| 5 | | disposition made under the provisions of
the Juvenile Co |
| 6 | | urt Act of 1987, any minor adjudicated delinquent for an offens |
| 7 | | e
which if committed by an adult would constitute a violation of S |
| 8 | | ection 11-501
of the Illinois Vehicle Code shall |
| 9 | | pay a crime laboratory DUI analysis assessment
of $150 fo |
| 10 | | r each adjudication. Upon verified petition of the minor, the |
| 11 | |
court may suspend payment of all or part of the assessment |
| 12 | | if it finds
that the minor does not have the ability to pay th |
| 13 | | e assessment. The parent, guardian,
or legal custodian of the |
| 14 | | minor may pay some or all of the assessment on the minor's
|
| 15 | | behalf.
(d) All crime laboratory DUI ana |
| 16 | | lysis assessments provided for by this Section
shall
be col |
| 17 | | lected by the clerk of the court and forwarded to the approp |
| 18 | | riate crime
laboratory DUI fund as provided in subsecti |
| 19 | | on (f).
(e) Crime laboratory fun |
| 20 | | ds shall be established as follows:
(1) A unit of local governm |
| 22 | | ent that maintains a crime laboratory may
establish a |
| 23 | | crime laboratory DUI fund within the office of the county or
municipal treasurer.
(2) Any combination of unit |
| 25 | | s of local government that maintains a crime
labora |
| 26 | | tory may establish a crime laboratory DUI fund within the |
|
| | HB5501 | - 2565 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | office of the
treasurer of the county where the crime laboratory is situated.
(3) ( |
| 3 | | Blank).
(f) The analysis assessment prov |
| 4 | | ided for in subsection (c) of this Section
shall be forw |
| 5 | | arded to the office of the treasurer of the unit of local
gov |
| 6 | | ernment that performed the analysis if that unit of local go |
| 7 | | vernment has
established a crime laboratory DUI fund, or remit |
| 8 | | ted to the State Treasurer for deposit
into the State Cr |
| 9 | | ime Laboratory Fund if the analysis was
performed by a
|
| 10 | | laboratory operated by the Illinois State Police. If the a |
| 11 | | nalysis was
performed by a crime laboratory funded by a com |
| 12 | | bination of units of local
government, the analysis assessment |
| 13 | | shall be forwarded to the treasurer of the county
where the cr |
| 14 | | ime laboratory is situated if a crime laboratory DUI fund ha |
| 15 | | s been
established in that county. If the unit of local go |
| 16 | | vernment or combination of
units of local government h |
| 17 | | as not established a crime laboratory DUI fund, then
the an |
| 18 | | alysis assessment shall be remitted to the State Treasurer |
| 19 | | for deposit into
the State Crime Laborator |
| 20 | | y Fund.
(g) Moneys deposited into a |
| 21 | | crime laboratory DUI fund created under
paragraphs (1) and (2) |
| 22 | | of subsection (e) of this Section shall be in addition
to any |
| 23 | | allocations made pursuant to existing law and shall be design |
| 24 | | ated for
the exclusive use of the crime laboratory. These use |
| 25 | | s may include, but are not
limited to, the following:
(1) Costs incurred in |
|
| | HB5501 | - 2566 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | providing analysis for DUI investigations conducted
within this State.
(2) Purchase and maintenan |
| 3 | | ce of equipment for use in performing analyses.
(3) Continuing education, |
| 5 | | training, and professional development of
forensic scient |
| 6 | | ists regularly employed by these labora |
| 7 | | tories.
(h) Moneys deposited in the St |
| 8 | | ate Crime Laboratory Fund
shall be used by
State crime laborat |
| 9 | | ories as designated by the Director of the Illinois State Police |
| 10 | | . These
funds shall be in addition to any allocations made acc |
| 11 | | ording to existing law
and shall be designated for the ex |
| 12 | | clusive use of State crime laboratories.
These uses may i |
| 13 | | nclude those enumerated in subsection (g) of this |
| 14 | | Section. (i) Notwithstanding any oth |
| 15 | | er provision of law to the contrary and in addition to any o |
| 16 | | ther transfers that may be provided by law, on June 17, 2021 (the effecti |
| 17 | | ve date of Public Act 102-16) this amendatory Act of the 102nd Gene |
| 18 | | ral Assembly, or as soon thereafter as practi |
| 19 | | cal, the State Comptroller shall direct and the State Tr |
| 20 | | easurer shall transfer the remaining balance from the Stat |
| 21 | | e Police DUI Fund into the State Police Operations Assistanc |
| 22 | | e Fund. Upon completion of the transfer, the State Police DUI |
| 23 | | Fund is dissolved, and any future deposits due to tha |
| 24 | | t Fund and any outstanding obligations or liabilities of t |
| 25 | | hat Fund shall pass to the State Police Operations Assist |
| 26 | | ance Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-145, |
|
| | HB5501 | - 2567 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | eff. 7-23-21; 102-538, eff. 8-20-21; revised 10-20-21.)
Section 660. The Sex Offender |
| 3 | | Community Notification Law is amended by changing Section 121 as follows:
(730 ILCS 152/121) Sec. 121. Notification regarding juvenile offenders. (a) The Illinois State Poli |
| 7 | | ce and any law enforcement agency having
jurisdiction may, in the Illinois State Poli |
| 8 | | ce's Department's or agency's di |
| 9 | | scretion, only provide
the
information specified in subsection |
| 10 | | (b) of Section 120 of this Act, with respect to an adjudicat |
| 11 | | ed
juvenile delinquent, to any person when that person's saf |
| 12 | | ety may be compromised
for some
reason related to the juvenile sex o |
| 13 | | ffender. (b) The local law enforcement |
| 14 | | agency having jurisdiction to register the juvenile sex offende |
| 15 | | r shall ascertain from the juvenile sex offender whether th |
| 16 | | e juvenile sex offender is enrolled in school; and if so, shall |
| 17 | | provide a copy of the sex offender registration form only |
| 18 | | to the principal or chief administrative officer of the schoo |
| 19 | | l and any school counselor designated by him or her. The regis |
| 20 | | tration form shall be kept separately from any and all sc |
| 21 | | hool records maintained on behalf of the juvenile sex |
| 22 | | offender.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, |
| 23 | | eff. 8-20-21; revised 10-18-21.)
Section 665. The Murderer an |
| 2 | | d Violent Offender Against Youth Registration Act is amended by |
| 3 | | changing Sections 85, 95, 100, and 105 as follows:
(730 ILCS 154/85) Sec. 85. Murderer and Viol |
| 6 | | ent Offender Against Youth Database. (a) The Illinois State Police
sh |
| 8 | | all establish and maintain a Statewide Murderer and Viol |
| 9 | | ent Offender Against Youth Database for
the
purpose of ide |
| 10 | | ntifying violent offenders against youth and making that in |
| 11 | | formation
available to the persons specified in Section 95. The |
| 12 | |
Database shall be created from the Law Enforcement Ag |
| 13 | | encies Data System (LEADS)
established under Section 6 of the |
| 14 | | Intergovernmental Missing Child Recovery Act
of 1984. The I |
| 15 | | llinois State Police shall examine its LEADS database for
per |
| 16 | | sons registered as violent offenders against youth under t |
| 17 | | his Act and
shall identify those who are violent offenders a |
| 18 | | gainst youth and shall add all the
information, including ph |
| 19 | | otographs if available, on those violent offenders agai |
| 20 | | nst youth to
the Statewide Murderer and Violent Offender Against Youth
D |
| 21 | | atabase. (b) The Illinois State Police |
| 22 | | must make the information contained in
the
Statewide Mur |
| 23 | | derer and Violent Offender Against Youth Database accessible o |
| 24 | | n the Internet by means of a
hyperlink
labeled "Murderer an |
| 25 | | d Violent Offender Against Youth Information" on the Illinois State Police's Department's World Wide Web home
page. The |
| 2 | | Illinois State Police must update that information as it deems
ne |
| 3 | | cessary. The Illinois State Police may |
| 4 | | require that a person who seeks access to
the violent offender |
| 5 | | against youth
information submit biographical informatio |
| 6 | | n about himself or
herself before
permitting access to the viol |
| 7 | | ent offender against youth information. The Illinois State Po |
| 8 | | lice must promulgate rules
in accordance with the Illinois Ad |
| 9 | | ministrative Procedure
Act to implement this
subsection
(b)
an |
| 10 | | d those rules must include procedures to ensure that the info |
| 11 | | rmation in the
database is a |
| 12 | | ccurate. (c) The Illinois State Polic |
| 13 | | e must develop and conduct training to educate all thos |
| 14 | | e entities involved in the Murderer and Violent Offender |
| 15 | | Against Youth Registration P |
| 16 | | rogram.
(d) The Illinois State Police |
| 17 | | shall commence the duties prescribed in the Murderer and Viol |
| 18 | | ent Offender Against Youth Registration Act within 12 months a |
| 19 | | fter the effective date of th |
| 20 | | is Act.
(e) The Illinois State Police |
| 21 | | shall collect and annually report, on or before December 31 o |
| 22 | | f each year, the following information, making it publicly |
| 23 | | accessible on the Illinois State Police website: (1) the number of registrants; (2) the number of registrant |
| 26 | | s currently registered for each offense requiring registration; and (3) biographical data, such |
| 2 | | as age of the registrant, race of the registrant, and age of |
| 3 | | the victim. (Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)
(730 ILCS 154/95)
Sec. 95. Community notific |
| 6 | | ation of violent offenders against youth. (a) The sheriff of the county, |
| 8 | | except Cook County, shall disclose to the
following the nam |
| 9 | | e, address, date of birth, place of employment, schoo |
| 10 | | l
attended, and offense
or adjudication of all violent offend |
| 11 | | ers against youth required to register under Section 10 of
this Act:
(1) The boards of instituti |
| 13 | | ons of higher education or other appropriate
administrative offices of each nonpu |
| 14 | | blic non-public institution of highe |
| 15 | | r education
located in the county where the violent |
| 16 | | offender against youth is required to register, r |
| 17 | | esides,
is employed, or is attending an institution of higher education; and
(2) School boards of publi |
| 19 | | c school districts and the principal or other
appropriate |
| 20 | | administrative officer of each nonpublic school locat |
| 21 | | ed in the
county where the violent offender against youth |
| 22 | | is required to register or is employed; and
(3) Child care facilities l |
| 24 | | ocated in the county
where the violent offender against you |
| 25 | | th is required to register or is employed; and (4) Libraries located in th |
| 2 | | e
county where the violent offender against youth is |
| 3 | | required to register or is e |
| 4 | | mployed. (a-2) The sheriff of Cook Co |
| 5 | | unty shall disclose to the following the name,
addres |
| 6 | | s, date of birth, place of employment, school attended, and |
| 7 | | offense
or
adjudication of
all violent offenders against youth |
| 8 | | required to register under Section 10 of this Act:
(1) School boards of publi |
| 10 | | c school districts and the principal or other
appropriate |
| 11 | | administrative officer of each nonpublic school located |
| 12 | | within the
region of Cook County, as those public scho |
| 13 | | ol districts and nonpublic schools
are identified in LEA |
| 14 | | DS, other than the City of Chicago, where the violent |
| 15 | | offender against youth
is required to register or is employed; and
(2) Child care facilities lo |
| 17 | | cated within the region of Cook
County, as those child care |
| 18 | | facilities are identified in LEADS, other than
the |
| 19 | | City of Chicago, where the violent offender against youth |
| 20 | | is required to register or is
employed; and
(3) The boards of instituti |
| 22 | | ons of higher education or other appropriate
administrative offices of each nonpu |
| 23 | | blic non-public institution of highe |
| 24 | | r education
located in the county, other than the City of |
| 25 | | Chicago, where the violent offender against youth
is requ |
| 26 | | ired to register, resides, is employed, or attendin |
|
| | HB5501 | - 2572 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | g an institution
of
higher
education; and (4) Libraries
located in |
| 3 | | the county, other than the City of Chicago, where the viol |
| 4 | | ent offender against youth
is required to register, r |
| 5 | | esides, is employed, or is attending an institution
of
higher
ed |
| 6 | | ucation. (a-3) The Chicago Police Depart |
| 7 | | ment shall disclose to the following the
name, addres |
| 8 | | s, date of birth, place of employment, school attended, and
|
| 9 | | offense
or adjudication
of all violent offenders against youth |
| 10 | | required to register under Section 10 of this Act:
(1) School boards of publi |
| 12 | | c school districts and the principal or other
appropriate |
| 13 | | administrative officer of each nonpublic school located in |
| 14 | | the
police district where the violent offender against you |
| 15 | | th is required to register or is
employed if the offender |
| 16 | | is required to register or is employed in the
City of Chicago; and
(2) Child care facili |
| 18 | | ties located in the police district where the
violent |
| 19 | | offender against youth is required to register or is e |
| 20 | | mployed if the offender is
required to register or |
| 21 | | is employed in the City of Chicago; and
(3) The boards of instituti |
| 23 | | ons of higher education or other appropriate
administrative offices of each nonpu |
| 24 | | blic non-public institution of highe |
| 25 | | r education
located in the police district where the viol |
| 26 | | ent offender against youth is required to register |
|
| | HB5501 | - 2573 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ,
resides, is employed, or attending an institution of hi |
| 2 | | gher education in the
City of
Chicago; and (4) Libraries located in the |
| 4 | | police district where the
violent offender against youth |
| 5 | | is required to register or is employed if the offender is
|
| 6 | | required to register or is employed in the City of |
| 7 | | Chicago. (a-4) The Illinois State Poli |
| 8 | | ce shall provide a list of violent offenders against youth
r |
| 9 | | equired to register to the Illinois Department of Children and Family
S |
| 10 | | ervices. (b) The Illinois State Poli |
| 11 | | ce and any law enforcement agency may
disclose, in the Illinois State Poli |
| 12 | | ce's Department's or agency's discretion, |
| 13 | | the following information
to any person likely to encounter |
| 14 | | a violent offender against youth:
(1) The offender's name, address, and date of birth.
(2) The offense for which the offender was convicted.
(3) The offender' |
| 18 | | s photograph or other such information that will help
ide |
| 19 | | ntify the violent offender against youth.
(4) Offender employment info |
| 21 | | rmation, to protect public |
| 22 | | safety. (c) The name, address, dat |
| 23 | | e of birth, and offense or adjudication for violent offenders |
| 24 | | against youth required to register under Section 10 of |
| 25 | | this
Act shall be open to inspection by the public as provi |
| 26 | | ded in this Section.
Every municipal police department s |
|
| | HB5501 | - 2574 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | hall make available at its headquarters
the information on all |
| 2 | | violent offenders against youth who are required to register |
| 3 | | in the
municipality under this Act. The sheriff shall
also ma |
| 4 | | ke available at his or her headquarters the information on all |
| 5 | | violent offenders against youth who are required to register u |
| 6 | | nder this Act and who live in
unincorporated areas of the |
| 7 | | county. Violent offender against youth information must be |
| 8 | | made
available for public inspection to any person, no later t |
| 9 | | han 72 hours or 3
business days from the date of the request.
T |
| 10 | | he request must be made in person, in writing, or by telephone. |
| 11 | |
Availability must include giving the inquirer access to a
faci |
| 12 | | lity where the information may be copied. A department or she |
| 13 | | riff
may charge a fee, but the fee may not exceed the a |
| 14 | | ctual costs of
copying the information. An inquirer mu |
| 15 | | st be allowed to copy this information
in his or her own han |
| 16 | | dwriting. A department or sheriff must allow access to
the |
| 17 | | information during normal public working hours.
The she |
| 18 | | riff or a municipal police department may publish the
photog |
| 19 | | raphs of violent offenders against youth where any victim was |
| 20 | | 13 years of age or younger
and who are required to register in |
| 21 | | the municipality or county under this Act in a newspa |
| 22 | | per or magazine of general circulation in
the municipality or |
| 23 | | county or may disseminate the photographs of those violent |
| 24 | | offenders against youth on the Internet or on television. The |
| 25 | | law enforcement agency may
make available the informatio |
| 26 | | n on all violent offenders against youth residing within any |
|
| | HB5501 | - 2575 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | county. (d) The Illinois State Poli |
| 2 | | ce and any law enforcement agency having
jurisdiction may, in the Illinois State Poli |
| 3 | | ce's Department's or agency's discret |
| 4 | | ion, place the
information specified in subsection (b) on the Internet or in
o |
| 5 | | ther media.
(Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)
(730 ILCS 154/100)
Sec. 100. Notification regarding juvenile offenders. (a) The Illinois State Poli |
| 9 | | ce and any law enforcement agency having
jurisdiction may, in the Illinois State Poli |
| 10 | | ce's Department's or agency's di |
| 11 | | scretion, only provide
the
information specified in subsecti |
| 12 | | on (b) of Section 95, with respect to an adjudicated
juvenile |
| 13 | | delinquent, to any person when that person's safety may be c |
| 14 | | ompromised
for some
reason related to the juvenile violent offender agains |
| 15 | | t youth. (b) The local law enforcement |
| 16 | | agency having jurisdiction to register the juvenile violent of |
| 17 | | fender against youth shall ascertain from the juvenile viol |
| 18 | | ent offender against youth whether the juvenile violent |
| 19 | | offender against youth is enrolled in school; and if so, s |
| 20 | | hall provide a copy of the violent offender against youth reg |
| 21 | | istration form only to the principal or chief administrative |
| 22 | | officer of the school and any school counselor desi |
| 23 | | gnated by him or her. The registration form shall be kept s |
| 24 | | eparately from any and all school records maintained on beha |
| 25 | | lf of the juvenile violent offender agai |
|
| | HB5501 | - 2579 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ram nobis and coram vobis, bills of review, and bills
in the nat |
| 2 | | ure of bills of review are abolished. All relief heretofore
|
| 3 | | obtainable and the grounds for such relief heretofore availa |
| 4 | | ble,
whether by any of the foregoing remedies or otherwise, s |
| 5 | | hall be
available in every case, by proceedings hereunder, r |
| 6 | | egardless of the
nature of the order or judgment from which |
| 7 | | relief is sought or of the
proceedings in which it was entered. |
| 8 | | Except as provided in the Illinois Parentage Act of 2015, the |
| 9 | | re shall be no distinction
between actions and other proceeding |
| 10 | | s, statutory or otherwise, as to
availability of relief, grounds for relief, or the relief obta |
| 12 | | inable.
(b) The petition must be filed |
| 13 | | in the same proceeding in which the
order or judgment |
| 14 | | was entered but is not a continuation thereof. The
petition must be supporte |
| 15 | | d by an affidavit or other appropriate sh |
| 16 | | owing as
to matters not of record. A petition to reopen a f |
| 17 | | oreclosure proceeding must include as parties to the petition, |
| 18 | | but is not limited to, all parties in the original action |
| 19 | | in addition to the current record title holders of the proper |
| 20 | | ty, current occupants, and any individual or entity that had |
| 21 | | a recorded interest in the property before the filing of the pet |
| 22 | | ition. All parties to the petition shall be notified
as provided b |
| 23 | | y rule.
(b-5) A movant may present a me |
| 24 | | ritorious claim under this Section if the allegations in the |
| 25 | | petition establish each of the following by a preponderance of the evidence: (1) the movant was convicted of a forcible felony; (2) the movant's partic |
| 2 | | ipation in the offense was related to him or her previous |
| 3 | | ly having been a victim of domestic violence as perpetrated by an intimate partner; (3) no evidence of dom |
| 5 | | estic violence against the movant was presented at the movant's sentencing hearing; (4) the movant was unaware o |
| 7 | | f the mitigating nature of the evidence of the domest |
| 8 | | ic violence at the time of sentencing and could not have l |
| 9 | | earned of its significance sooner through diligence; and (5) the new evidence of dom |
| 11 | | estic violence against the movant is material and noncu |
| 12 | | mulative to other evidence offered at the sentencing |
| 13 | | hearing, and is of such a conclusive character that |
| 14 | | it would likely change the sentence imposed by the original trial court. Nothing in this subsection (b-5) shall prevent a movant from applying for any other relief |
| 17 | | under this Section or any other law otherwise available to him or her. As used in this subsection (b-5): "Domestic violence" means a |
| 20 | | buse as defined in Section 103
of the Illinois Domestic Violence Act of 1986. "Forcible felony" has the me |
| 22 | | aning ascribed to the term in
Section 2-8 of the Criminal Code of 2012. "Intimate partner" means a |
| 24 | | spouse or former spouse, persons
who have or allegedly h |
| 25 | | ave had a child in common, or persons who
have or have |
| 26 | | had a dating or engagement relati |
|
| | HB5501 | - 2581 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | onship. (b-10) A movant may present a me |
| 2 | | ritorious claim under this Section if the allegations in the |
| 3 | | petition establish each of the following by a preponderance of the evidence: (A) she was convicted of a forcible felony; (B) her participation i |
| 6 | | n the offense was a direct result of her suffering from post-partum depression or post-partum psychosis; (C) no evidence of post-partum depression or post-partum psychosis was presen |
| 10 | | ted by a qualified medical person at trial or sentencing, or both; (D) she was unaware of th |
| 12 | | e mitigating nature of the evidence or, if aware, was at |
| 13 | | the time unable to present this defense due to suffering from po |
| 14 | | st-partum depression or post-partum psychosis, o |
| 15 | | r, at the time of trial or sentencing, neither was a recogn |
| 16 | | ized mental illness and as such, she was unable to receive proper treatment;
and (E) evidence of post-partum depre |
| 18 | | ssion or post-partum psychosis as suffered by |
| 19 | | the person is material and noncumulative to other evide |
| 20 | | nce offered at the time of trial or sentencing, and |
| 21 | | it is of such a conclusive character that it would likely c |
| 22 | | hange the sentence imposed by the original court. Nothing in this subsection (b- |
| 24 | | 10) prevents a person from applying for any other relief under |
| 25 | | this Article or any other law otherwise available to her. As used in this subsection (b-10): "Post-partum depression" m |
| 2 | | eans a mood disorder which strikes many women during and a |
| 3 | | fter pregnancy and usually occurs during pregnancy |
| 4 | | and up to 12 months after delivery. This depression can include anxiety disorders. "Post-partum psychosis |
| 6 | | " means an extreme form of post-partum depression which |
| 7 | | can occur during pregnancy and up to 12 months after |
| 8 | | delivery. This can include losing touch with reality, dist |
| 9 | | orted thinking, delusions, auditory and visual |
| 10 | | hallucinations, paranoia, hyperactivity and rapid speech, o |
| 11 | | r mania. (c) Except as provided in Secti |
| 12 | | on 20b of the Adoption Act and Section
2-32 of the Juvenile Court Act of 1987, or in a petition based
upon Section 116-3 of the Code of Criminal Procedure of 1963 or subsection (b-10 |
| 15 | | ) of this Section, or in a motion to vacate and expunge conv |
| 16 | | ictions under the Cannabis Control Act as provided by subsection |
| 17 | | (i) of Section 5.2 of the Criminal Identification Act, the |
| 18 | | petition
must be filed not later than 2 years after the entry |
| 19 | | of the order or judgment.
Time during which the person see |
| 20 | | king relief is under legal disability or
duress or the ground |
| 21 | | for relief is fraudulently concealed shall be excluded
in |
| 22 | | computing the period of 2 |
| 23 | | years.
(c-5) Any individual may at an |
| 24 | | y time file a petition and institute proceedings under this Section, if his or her final order or judgment, which was entered |
| 26 | | based on a plea of guilty or nolo contendere, has potential |
|
| | HB5501 | - 2583 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | consequences under federal immigrati |
| 2 | | on law. (d) The filing of a petition u |
| 3 | | nder this Section does not affect the
order or judgment, or suspend its ope |
| 4 | | ration.
(e) Unless lack of jurisdiction |
| 5 | | affirmatively appears from the
record proper, the vacation or m |
| 6 | | odification of an order or judgment
pursuant to the provision |
| 7 | | s of this Section does not affect the right,
title, or int |
| 8 | | erest in or to any real or personal property of any person,
n |
| 9 | | ot a party to the original action, acquired for value after |
| 10 | | the entry
of the order or judgment but before the filing of th |
| 11 | | e petition, nor
affect any right of any person not a party to |
| 12 | | the original action under
any certificate of sale issue |
| 13 | | d before the filing of the petition,
pursuant to a sale based |
| 14 | | on the order or judgment. When a petition is filed pursuant t |
| 15 | | o this Section to reopen a foreclosure proceeding, notwith |
| 16 | | standing the provisions of Section 15-1701 of this Code, |
| 17 | | the purchaser or successor purchaser of real property subject |
| 18 | | to a foreclosure sale who was not a party to the mortgage |
| 19 | | foreclosure proceedings is entitled to remain in possession |
| 20 | | of the property until the foreclosure action is defeated or |
| 21 | | the previously foreclosed defendant redeems from the foreclo |
| 22 | | sure sale if the purchaser has been in possession of the property for more than 6 m |
| 23 | | onths.
(f) Nothing contained in this Se |
| 24 | | ction affects any existing right to
relief from a void order or |
| 25 | | judgment, or to employ any existing method
to procure t |
| 26 | | hat relief.
(Source: P.A. 101-27, eff. 6-25-19; 101-411, |
|
| | HB5501 | - 2584 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | eff. 8-16-19; 102-639, eff. 8-27-21; revised 11-24-21.)
(735 ILCS 5/21-103)
|
| 3 | |
(Text of Section before amendment by P.A. 101-652) Sec. 21-103. Notice by publication.
(a) Previous notice shal |
| 6 | | l be given of the intended application by
publishing a notice |
| 7 | | thereof in some newspaper published in the municipality
in w |
| 8 | | hich the person resides if the municipality is in a coun |
| 9 | | ty with a
population under 2,000,000, or if the person does no |
| 10 | | t reside
in a municipality in a county with a population |
| 11 | | under 2,000,000,
or if no newspaper is published in the mun |
| 12 | | icipality or if the person resides
in a county with a populat |
| 13 | | ion of 2,000,000 or more, then in some newspaper
publish |
| 14 | | ed in the county where the person resides, or if no news |
| 15 | | paper
is published in that county, then in some convenient n |
| 16 | | ewspaper published
in this State. The notice shall be inserte |
| 17 | | d for 3 consecutive weeks after filing, the
first insertion to |
| 18 | | be at least 6 weeks before the return day upon which
the pe |
| 19 | | tition is to be heard, and shall be signed by the petitioner o |
| 20 | | r, in
case of a minor, the minor's parent or guardian, and shal |
| 21 | | l set
forth the return day of court on which the petition i |
| 22 | | s to be heard and the
name sought to be a |
| 23 | | ssumed.
(b) The publication requireme |
| 24 | | nt of subsection (a) shall not be
required in any applic |
| 25 | | ation for a change of name involving a minor if,
before |
|
| | HB5501 | - 2585 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | making judgment under this Article, reasonable notice and |
| 2 | | opportunity
to be heard is given to any parent whose par |
| 3 | | ental rights have not been
previously terminated and to a |
| 4 | | ny person who has physical custody of the
child. If any of thes |
| 5 | | e persons are outside this State, notice and
opportunity to be |
| 6 | | heard shall be given under Section 21-104.
(b-3) The publication requireme |
| 8 | | nt of subsection (a) shall not be required in any applic |
| 9 | | ation for a change of name involving a person who has received |
| 10 | | a judgment for dissolution of marriage or declaration of |
| 11 | | invalidity of marriage and wishes to change his or her name t |
| 12 | | o resume the use of his or her former or maid |
| 13 | | en name. (b-5) Upon motion, the court may |
| 14 | | issue an order directing that the notice and publication r |
| 15 | | equirement be waived for a change of name involving a person |
| 16 | | who files with the court a written declaration that the person |
| 17 | | believes that publishing notice of the name change would |
| 18 | | put the person at risk of physical harm or discriminatio |
| 19 | | n. The person must provide evidence to support the claim that |
| 20 | | publishing notice of the name change would put the person a |
| 21 | | t risk of physical harm or discrimi |
| 22 | | nation. (c) The Director of the Illinois |
| 23 | | State Police or his or her designee may apply to the
circuit co |
| 24 | | urt
for an order directing that the notice and publication re |
| 25 | | quirements of
this Section be waived if the Director or his or h |
| 26 | | er designee certifies that
the name change being sought is int |
|
| | HB5501 | - 2586 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ended to protect a witness during and
following a criminal investigation or proc |
| 2 | | eeding.
(c-1) The court may enter a |
| 3 | | written order waiving the publication requirement of subsection (a) if: (i) the petitioner is 18 years of age or older; and (ii) concurrent with th |
| 6 | | e petition, the petitioner files with the court a stateme |
| 7 | | nt, verified under oath as provided under Section 1-109 of |
| 8 | | this Code, attesting that the petitioner is or has been a |
| 9 | | person protected under the Illinois Domestic Violence Ac |
| 10 | | t of 1986, the Stalking No Contact Order Act, the Civil No |
| 11 | | Contact Order Act, Article 112A of the Code of Cri |
| 12 | | minal Procedure of 1963, a condition of bail under subs |
| 13 | | ections (b) through (d) of Section 110-10 of the Code of C |
| 14 | | riminal Procedure of 1963, or a similar provision of |
| 15 | | a law in another state or jurisdiction. The petitioner may attach to th |
| 17 | | e statement any supporting documents, including relevant court orders. (c-2) If the petitioner files |
| 19 | | a statement attesting that disclosure of the petition |
| 20 | | er's address would put the petitioner or any member of |
| 21 | | the petitioner's family or household at risk or reveal the |
| 22 | | confidential address of a shelter for domestic violence vi |
| 23 | | ctims, that address may be omitted from all documents fil |
| 24 | | ed with the court, and the petitioner may designate an alternative address for service. (c-3) Court administrator |
| 26 | | s may allow domestic abuse advocates, rape crisis advocate |
|
| | HB5501 | - 2587 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | s, and victim advocates to assist petitioners in the prepara |
| 2 | | tion of name changes under subsection (c-1). (c-4) If the publication requ |
| 4 | | irements of subsection (a) have been waived, the circuit |
| 5 | | court shall enter an order impounding th |
| 6 | | e case. (d) The maximum rate charged f |
| 7 | | or publication of a notice under this Section may not exceed |
| 8 | | the lowest classified rate paid by commercial users for compara |
| 9 | | ble space in the newspaper in which the notice appears |
| 10 | | and shall include all cash discounts, multiple insertion disco |
| 11 | | unts, and similar benefits extended to the newspaper's regular |
| 12 | | customers. (Source: P.A. 101-81, eff. 7-12-19; 101-203 |
| 13 | | , eff. 1-1-20; 102-538, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 21-103. Notice by publication.
(a) Previous notice shal |
| 17 | | l be given of the intended application by
publishing a notice |
| 18 | | thereof in some newspaper published in the municipality
in w |
| 19 | | hich the person resides if the municipality is in a coun |
| 20 | | ty with a
population under 2,000,000, or if the person does no |
| 21 | | t reside
in a municipality in a county with a population |
| 22 | | under 2,000,000,
or if no newspaper is published in the mun |
| 23 | | icipality or if the person resides
in a county with a populat |
| 24 | | ion of 2,000,000 or more, then in some newspaper
publish |
| 25 | | ed in the county where the person resides, or if no news |
|
| | HB5501 | - 2588 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | paper
is published in that county, then in some convenient n |
| 2 | | ewspaper published
in this State. The notice shall be inserte |
| 3 | | d for 3 consecutive weeks after filing, the
first insertion to |
| 4 | | be at least 6 weeks before the return day upon which
the pe |
| 5 | | tition is to be heard, and shall be signed by the petitioner o |
| 6 | | r, in
case of a minor, the minor's parent or guardian, and shal |
| 7 | | l set
forth the return day of court on which the petition i |
| 8 | | s to be heard and the
name sought to be a |
| 9 | | ssumed.
(b) The publication requireme |
| 10 | | nt of subsection (a) shall not be
required in any applic |
| 11 | | ation for a change of name involving a minor if,
before |
| 12 | | making judgment under this Article, reasonable notice and |
| 13 | | opportunity
to be heard is given to any parent whose par |
| 14 | | ental rights have not been
previously terminated and to a |
| 15 | | ny person who has physical custody of the
child. If any of thes |
| 16 | | e persons are outside this State, notice and
opportunity to be |
| 17 | | heard shall be given under Section 21-104.
(b-3) The publication requireme |
| 19 | | nt of subsection (a) shall not be required in any applic |
| 20 | | ation for a change of name involving a person who has received |
| 21 | | a judgment for dissolution of marriage or declaration of |
| 22 | | invalidity of marriage and wishes to change his or her name t |
| 23 | | o resume the use of his or her former or maid |
| 24 | | en name. (b-5) Upon motion, the court may |
| 25 | | issue an order directing that the notice and publication r |
| 26 | | equirement be waived for a change of name involving a person |
|
| | HB5501 | - 2589 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | who files with the court a written declaration that the person |
| 2 | | believes that publishing notice of the name change would |
| 3 | | put the person at risk of physical harm or discriminatio |
| 4 | | n. The person must provide evidence to support the claim that |
| 5 | | publishing notice of the name change would put the person a |
| 6 | | t risk of physical harm or discrimi |
| 7 | | nation. (c) The Director of the Illinois |
| 8 | | State Police or his or her designee may apply to the
circuit co |
| 9 | | urt
for an order directing that the notice and publication re |
| 10 | | quirements of
this Section be waived if the Director or his or h |
| 11 | | er designee certifies that
the name change being sought is int |
| 12 | | ended to protect a witness during and
following a criminal investigation or proc |
| 13 | | eeding.
(c-1) The court may enter a |
| 14 | | written order waiving the publication requirement of subsection (a) if: (i) the petitioner is 18 years of age or older; and (ii) concurrent with th |
| 17 | | e petition, the petitioner files with the court a stateme |
| 18 | | nt, verified under oath as provided under Section 1-109 of |
| 19 | | this Code, attesting that the petitioner is or has been a |
| 20 | | person protected under the Illinois Domestic Violence Ac |
| 21 | | t of 1986, the Stalking No Contact Order Act, the Civil No |
| 22 | | Contact Order Act, Article 112A of the Code of Cri |
| 23 | | minal Procedure of 1963, a condition of pretrial rel |
| 24 | | ease under subsections (b) through (d) of Section 110- |
| 25 | | 10 of the Code of Criminal Procedure of 1963, or a sim |
| 26 | | ilar provision of a law in another state or jurisdiction. The petitioner may attach to th |
| 2 | | e statement any supporting documents, including relevant court orders. (c-2) If the petitioner files |
| 4 | | a statement attesting that disclosure of the petition |
| 5 | | er's address would put the petitioner or any member of |
| 6 | | the petitioner's family or household at risk or reveal the |
| 7 | | confidential address of a shelter for domestic violence vi |
| 8 | | ctims, that address may be omitted from all documents fil |
| 9 | | ed with the court, and the petitioner may designate an alternative address for service. (c-3) Court administrator |
| 11 | | s may allow domestic abuse advocates, rape crisis advocate |
| 12 | | s, and victim advocates to assist petitioners in the prepara |
| 13 | | tion of name changes under subsection (c-1). (c-4) If the publication requ |
| 15 | | irements of subsection (a) have been waived, the circuit |
| 16 | | court shall enter an order impounding th |
| 17 | | e case. (d) The maximum rate charged f |
| 18 | | or publication of a notice under this Section may not exceed |
| 19 | | the lowest classified rate paid by commercial users for compara |
| 20 | | ble space in the newspaper in which the notice appears |
| 21 | | and shall include all cash discounts, multiple insertion disco |
| 22 | | unts, and similar benefits extended to the newspaper's regular |
| 23 | | customers. (Source: P.A. 101-81, eff. 7-12-19; 101-203 |
| 24 | | , eff. 1-1-20; 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; revised 10-12-21.)
Section 680. The Eminent Domain |
| 2 | | Act is amended by setting forth, renumbering, and changing mul |
| 3 | | tiple versions of Section 25-5-80 as follows:
(735 ILCS 30/25-5-80) (Section scheduled to be repealed on April 2, 2024) Sec. 25-5-80. Quick-take; |
| 7 | | City of Woodstock; Madison Street, South Street, and Lake Avenue. (a) Quick-take proceedings un |
| 9 | | der Article 20 may be used for a period of no more than 2 years after Ap |
| 10 | | ril 2, 2021 (the effective date of Public Act 101-665) this amendatory Act of the 101st General Assembly by Will |
| 12 | | County for the acquisition of the following described prope |
| 13 | | rty for the purpose of the 80th Avenue Improvements project:
Route: 80th Avenue (CH 83) Section: 06-00122-16-FB County: Will Job No.: R-55-001-97 Parcel No.: 0001A
Station 76+09.95 To Station 80+90.00 Index No.: 19-09-02-400-012
Parcel 0001A
That part of the Southeas |
| 22 | | t Quarter of the Southeast Quarter of Section 2, all in T |
|
| | HB5501 | - 2592 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ownship
35 North, Range 12 East of the Third Principal |
| 2 | | Meridian, in Will County, Illinois, bearings
and dista |
| 3 | | nces based on the Illinois Sate Plane Coordinate Syste |
| 4 | | m, East Zone, NAD 83
(2011 Adjustment) with a combined sc |
| 5 | | ale factor of 0.9999641157 described as follows:
Commencing at the southeast |
| 7 | | corner of said Section 2; thence North 01 degree 44 minu |
| 8 | | tes
58 seconds West on the east line of said Southeast |
| 9 | | Quarter, 69.28 feet to the north right of
way line of 19 |
| 10 | | 1st Street as described in Document No. R94-114863; |
| 11 | | thence South 88
degrees 15 minutes 02 seconds West, on sai |
| 12 | | d north right of way line, 50.29 feet to the
west right of w |
| 13 | | ay line of 80th Avenue per Document No. R66-13830, and |
| 14 | | to the Point of
Beginning; thence continuing South 88 deg |
| 15 | | rees 15 minutes 02 seconds West, on said
north right of |
| 16 | | way line, 10.14 feet to an angle point in said north right |
| 17 | | of way line; thence
South 43 degrees 24 minutes 14 seconds |
| 18 | | West, on said north right of way line, 27.67 feet
to an |
| 19 | | angle point in said north right of way line; thence Sout |
| 20 | | h 88 degrees 24 minutes 14
seconds West, on said north |
| 21 | | right of way line, 1038.30 feet; thence North 01 degree 3 |
| 22 | | 6
minutes 18 seconds West, 6.27 feet; thence North 87 deg |
| 23 | | rees 57 minutes 50 seconds
East, 930.35 feet to a poi |
| 24 | | nt 63.00 feet North of, as measured perpendicular |
| 25 | | to, the south
line of said Southeast Quarter; thence Nort |
|
| | HB5501 | - 2594 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ownship
35 North, Range 12 East of the Third Principal |
| 2 | | Meridian, in Will County, Illinois, bearings
and dista |
| 3 | | nces based on the Illinois Sate Plane Coordinate Syste |
| 4 | | m, East Zone, NAD 83
(2011 Adjustment) with a combined sc |
| 5 | | ale factor of 0.9999641157 described as follows:
Beginning at the intersectio |
| 7 | | n of the north line of the Southeast Quarter of said South |
| 8 | | east
Quarter with the west right of way line of 80 |
| 9 | | th Avenue per Document No. R66-13830;
thence South 01 de |
| 10 | | gree 44 minutes 58 seconds East, on said west right of wa |
| 11 | | y line, 89.60
feet; thence South 88 degrees 15 minutes 2 |
| 12 | | 9 seconds West, 6.78 feet; thence North 02
degrees 31 minu |
| 13 | | tes 36 seconds West, 89.63 feet to the north line of the |
| 14 | | Southeast Quarter
of said Southeast Quarter; thence Nort |
| 15 | | h 88 degrees 26 minutes 40 seconds East, on said
north line, |
| 16 | | 8.00 feet to the Point of Beginning.
Said parcel containing 0.015 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0001TE-A
Station 88+00.00 To Station 88+89.64 Index No.: 19-09-02-400-012
Parcel 0001TE-A
That part of the Southeas |
| 3 | | t Quarter of the Southeast Quarter of Section 2, all in T |
| 4 | | ownship
35 North, Range 12 East of the Third Principal |
| 5 | | Meridian, in Will County, Illinois, bearings
and dista |
| 6 | | nces based on the Illinois Sate Plane Coordinate Syste |
| 7 | | m, East Zone, NAD 83
(2011 Adjustment) with a combined sc |
| 8 | | ale factor of 0.9999641157 described as follows:
Beginning at a point on the n |
| 10 | | orth line of the Southeast Quarter of said Southeast Quart |
| 11 | | er
that is 88.00 feet West of, the east line of said Sout |
| 12 | | heast Quarter, as measured on said
north line; thence Sout |
| 13 | | h 02 degrees 31 minutes 36 seconds East, 89.63 feet; |
| 14 | | thence South
88 degrees 15 minutes 29 seconds West, |
| 15 | | 5.00 feet; thence North 02 degrees 31 minutes
36 secon |
| 16 | | ds West, 89.65 feet to the north line of the Southeast |
| 17 | | Quarter of said Southeast
Quarter; thence North 88 deg |
| 18 | | rees 26 minutes 40 seconds East, on said north line, |
| 19 | | 5.00
feet to the Point of Beginning.
Said parcel containing 0.010 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0001TE-B
Station 82+99.90 To Station 88+00.00 Index No.: 19-09-02-400-012
Parcel 0001TE-B
That part of the Southeas |
| 8 | | t Quarter of the Southeast Quarter of Section 2, all in T |
| 9 | | ownship
35 North, Range 12 East of the Third Principal |
| 10 | | Meridian, in Will County, Illinois, bearings
and dista |
| 11 | | nces based on the Illinois Sate Plane Coordinate Syste |
| 12 | | m, East Zone, NAD 83
(2011 Adjustment) with a combined sc |
| 13 | | ale factor of 0.9999641157 described as follows:
Commencing at the Southeast |
| 15 | | corner of said Section 2; thence North 01 degree 44
minut |
| 16 | | es 58 seconds West, on the east line of said Southeast |
| 17 | | Quarter, 69.28 feet to the
north right of way line of 19 |
| 18 | | 1st Street as described in Document No. R94-114863; |
| 19 | | thence
South 88 degrees 15 minutes 02 seconds West, on sai |
| 20 | | d north right of way line, 50.29 feet
to the west right of w |
| 21 | | ay line of 80th Avenue per Document No. R66-13830; thence N |
| 22 | | orth 03
degrees 28 minutes 04 seconds West, on said west |
| 23 | | right of way line, 670.74 feet to the
Point of Beginning; |
|
| | HB5501 | - 2598 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | m, East Zone, NAD 83
(2011 Adjustment) with a combined sc |
| 2 | | ale factor of 0.9999641157 described as follows:
Commencing at the Southeast |
| 4 | | corner of said Section 2; thence North 01 degree 44
minut |
| 5 | | es 58 seconds West, on the east line of said Southeast |
| 6 | | Quarter, 69.28 feet to the
north right of way line of 19 |
| 7 | | 1st Street as described in Document No. R94-114863; |
| 8 | | thence
South 88 degrees 15 minutes 02 seconds West, on sai |
| 9 | | d north right of way line, 50.29 feet
to the west right of w |
| 10 | | ay line of 80th Avenue per Document No. R66-13830; thence N |
| 11 | | orth 03
degrees 28 minutes 04 seconds West, on said west |
| 12 | | right of way line, 460.75 feet to the
Point of Beginning; |
| 13 | | thence South 88 degrees 15 minutes 26 seconds West, 20.89 fe |
| 14 | | et to
the west line of the East 85.00 feet of said Southeas |
| 15 | | t Quarter; thence South 01 degree 44
minutes 58 second |
| 16 | | s East, on said west line, 90.00 feet; thence South 88 deg |
| 17 | | rees 15
minutes 28 seconds West, 10.00 feet to the west line |
| 18 | | of the East 95.00 feet of said
Southeast Quarter; thence |
| 19 | | South 01 degree 44 minutes 58 seconds East, on said west |
| 20 | |
line, 304.58 feet; thence South 50 degrees 35 minutes 39 |
| 21 | | seconds West, 6.32 feet to the
west line of the East 100 |
| 22 | | .00 feet of said Southeast Quarter; thence North 01 de |
| 23 | | gree 44
minutes 58 seconds West, on said west line, 31 |
| 24 | | 3.44 feet; thence North 88 degrees 15
minutes 28 seconds Ea |
| 25 | | st, 10.00 feet to the west line of the east 90.00 feet |
|
| | HB5501 | - 2600 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Range 12 East of the Third Principal Meridian, in Will Coun |
| 2 | | ty, Illinois,
bearings and distances based on the Illin |
| 3 | | ois State Plane Coordinate System, East Zone,
NAD 8 |
| 4 | | 3 (2011 Adjustment) with a combined scale factor of |
| 5 | | 0.9999641157 described as
follows:
Commencing at the southwest |
| 7 | | corner of said Section 1; thence North 01 degree 44
minut |
| 8 | | es 58 seconds West, on the west line of said Southwest |
| 9 | | Quarter, 68.94 feet to the
north right of way line of 19 |
| 10 | | 1st Street as described in Document No. R94-114861; |
| 11 | | thence
North 88 degrees 15 minutes 02 seconds East, on sai |
| 12 | | d north right of way line, 50.33 feet to
the east right of w |
| 13 | | ay line of 80th Avenue per Document No. R66-13830, and |
| 14 | | to the Point of
Beginning; thence North 00 degrees 15 m |
| 15 | | inutes 19 seconds East, on said east right of way
line, 991 |
| 16 | | .07 feet to an angle point in said east right of way line; |
| 17 | | thence North 01 degree 44
minutes 58 seconds West, on sa |
| 18 | | id east right of way line, 291.11 feet to the north lin |
| 19 | | e of the
South 2/3rd of an acre, of the northwest quarter |
| 20 | | of said Southwest Quarter; thence North 88
degrees 30 minut |
| 21 | | es 01 second East, on said north line, 27.00 feet to the ea |
| 22 | | st line of the
West 112.00 feet of said Southwest Quarter; |
| 23 | | thence South 01 degree 44 minutes 58
seconds East, on sa |
| 24 | | id east line, 195.59 feet; thence South 88 degrees 15 minu |
| 25 | | tes 27
seconds West, 16.00 feet to the east line of t |
|
| | HB5501 | - 2601 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | he West 96.00 feet of said Southwest
Quarter; thence Sou |
| 2 | | th 01 degree 44 minutes 58 seconds East, on said east line, |
| 3 | | 240.00
feet; thence South 88 degrees 15 minutes 27 seco |
| 4 | | nds West, 5.00 feet to the east line of
the West 91 |
| 5 | | .00 feet of said Southwest Quarter; thence South 01 de |
| 6 | | gree 44 minutes 58
seconds East, on said east line, 15 |
| 7 | | 1.34 feet; thence South 88 degrees 15 minutes 36
seconds We |
| 8 | | st, 11.00 feet to the east line of the West 80.00 feet |
| 9 | | of said Southwest
Quarter; thence South 01 degree 44 minute |
| 10 | | s 58 seconds East, on said east line, 323.66
feet; thence N |
| 11 | | orth 88 degrees 15 minutes 29 seconds East, 5.00 feet to |
| 12 | | the east line of the
West 85.00 feet of said Southwes |
| 13 | | t Quarter; thence South 01 degree 44 minutes 58
second |
| 14 | | s East, on said east line, 251.00 feet; thence North 88 deg |
| 15 | | rees 15 minutes 08
seconds East, 6.00 feet; thence Sou |
| 16 | | th 24 degrees 56 minute 10 seconds East, 124.46 feet
to t |
| 17 | | he north line of the South 75.00 feet of said Southwes |
| 18 | | t Quarter; thence North 88
degrees 29 minutes 57 seconds |
| 19 | | East, on said north line, 376.67 feet; thence South 84
deg |
| 20 | | rees 46 minutes 29 seconds East, 183.57 feet to a poi |
| 21 | | nt 53.50 feet North of, as
measured perpendicular |
| 22 | | to, the south line of said Southwest Quarter; thence Sou |
| 23 | | th 01
degree 30 minutes 03 seconds East, 2.85 feet to the |
| 24 | | north right of way line of 191st Street
as described in Docu |
| 25 | | ment No. R94-114861; thence South 88 degrees 24 m |
| 26 | | inutes 33 seconds West, on said north right of way line, 618 |
|
| | HB5501 | - 2603 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 0.9999641157 described as
follows:
Commencing at the southwest |
| 3 | | corner of said Section 1; thence North 01 degrees 44
minut |
| 4 | | es 58 seconds West, on the west line of said Southwest |
| 5 | | Quarter, 68.94 feet to the
north right of way line of 19 |
| 6 | | 1st Street as described in Document No. R94-114861; |
| 7 | | thence
North 88 degrees 15 minutes 02 seconds East, on sai |
| 8 | | d north right of way line, 50.33 feet to
the east right of w |
| 9 | | ay line of 80th Avenue per Document No. R66-13830; thence N |
| 10 | | orth 00
degrees 15 minutes 19 seconds East, on said east |
| 11 | | right of way line, 502.11 feet; thence
North 88 degrees 1 |
| 12 | | 5 minutes 36 seconds East, 12.10 feet to the Point of Be |
| 13 | | ginning; thence
continuing North 88 degrees 15 minutes 36 s |
| 14 | | econds East, 11.00 feet to the west line of the
East 91 |
| 15 | | .00 feet of said Southwest Quarter; thence South 01 de |
| 16 | | gree 44 minutes 58
seconds East, on said east line, 38 |
| 17 | | 1.94 feet; thence South 88 degrees 15 minutes 08
seconds W |
| 18 | | est, 6.00 feet to the east line of the West 85.00 feet |
| 19 | | of said Southwest Quarter;
thence North 01 degree 44 minute |
| 20 | | s 58 seconds West, on said east line, 251.00 feet;
thence S |
| 21 | | outh 88 degrees 15 minutes 29 seconds West, 5.00 feet to |
| 22 | | the east line of the
West 80.00 feet of said Southwes |
| 23 | | t Quarter; thence North 01 degree 44 minutes 58
second |
| 24 | | s West, on said east line, 130.94 feet to the Point of Beginning.
Said parcel containing 0.068 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0002TE-B
Sta |
| 7 | | tion 3023+00.64 To Station 3025+99.98 Index No.: 19-09-01-300-024
Parcel 0002TE-B
That part of the Southwes |
| 11 | | t Quarter of the Southwest Quarter of Section 1, also 2/3rd |
| 12 | | s of
an acre off the south end of the Northwest Quarter o |
| 13 | | f the Southwest Quarter of Section 1,
Township 35 North, |
| 14 | | Range 12 East of the Third Principal Meridian, in Will Coun |
| 15 | | ty, Illinois,
bearings and distances based on the Illin |
| 16 | | ois State Plane Coordinate System, East Zone,
NAD 8 |
| 17 | | 3 (2011 Adjustment) with a combined scale factor of |
| 18 | | 0.9999641157 described as
follows:
Commencing at the southwest |
| 20 | | corner of said Section 1; thence North 88 degrees 29
minut |
| 21 | | es 57 seconds East, on the south line of said Southwest Qu |
| 22 | | arter, 698.65 feet; thence
North 01 degree 30 minutes 03 s |
|
| | HB5501 | - 2605 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | econds West, perpendicular to said south line, 50.65 feet |
| 2 | |
to the north right of way line of 191st Street as |
| 3 | | described in Document No. R94-114861,
and to the |
| 4 | | Point of Beginning; thence continuing North 01 degree 3 |
| 5 | | 0 minutes 03 seconds
West, 2.85 feet; thence North 88 deg |
| 6 | | rees 13 minutes 47 seconds East, 299.34 feet;
thence Sou |
| 7 | | th 01 degree 30 minutes 03 seconds East, 4.00 feet to the |
| 8 | | north right of way
line of 191st Street per Document No. R2003-260494; thence South 88 degrees 29 minutes
57 seconds |
| 10 | | West, on said north right of way line, 133.46 feet to the |
| 11 | | west line of said
Document No. R2003-260494; thence Sout |
| 12 | | h 88 degrees 24 minutes 33 seconds West, on
the north |
| 13 | | right of way line of 191st Street per Document No. R94-11 |
| 14 | | 4861, a distance of
165.89 feet to the Point of Beginning.
Said parcel containing 0.023 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0003
Station 88+89.50 To Station 91+36.65 Index No.: 19-09-02-402-003
Parcel 0003
That part of Outlot A in 80th A |
| 2 | | venue Industrial Center in the east half of the South |
| 3 | | east
Quarter of Section 2, Township 35 North, Range 12 E |
| 4 | | ast of the Third Principal Meridian,
according to the pla |
| 5 | | t thereof recorded May 27, 1976 as Document No. R1976-0157 |
| 6 | | 68,
Township of Frankfort, Will County, Illinois, bearings |
| 7 | | and distances based on the Illinois
Sate Plane Coordinate |
| 8 | | System, East Zone, NAD 83 (2011 Adjustment) with |
| 9 | | a combined
scale factor of 0.9999641157 described as follows:
Beginning at the southeast corne |
| 11 | | r of said Outlot A; thence South 88 degrees 26 minutes
40 |
| 12 | | seconds West, on the south line of said Outlot A, 38.00 fee |
| 13 | | t; thence North 22 degrees
20 minutes 14 seconds East, 66.1 |
| 14 | | 6 feet to the west line of the East 11.00 feet of said |
| 15 | |
Outlot A; thence North 01 degree 44 minutes 58 second |
| 16 | | s West, on said west line, 159.51
feet to a point 27.00 |
| 17 | | feet South of, as measured perpendicular to, the south |
| 18 | | right of way
line of 189th Street; thence South 88 deg |
| 19 | | rees 26 minutes 40 seconds West, parallel with
said sout |
| 20 | | h right of way line, 39.00 feet; thence North 01 degree 4 |
| 21 | | 4 minutes 58 seconds
West, parallel with the east line of sa |
| 22 | | id Outlot A, 27.00 feet to the south right of way line of
|
| 23 | | 189th Street; thence North 88 degrees 26 minutes 40 seconds |
| 24 | | East, on said south right of
way line, 50.00 feet to the e |
| 25 | | ast line of said Outlot A; thence South 01 degree 44 minute |
|
| | HB5501 | - 2608 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 38.00 feet to the Point of
Beginning; thence continuing S |
| 2 | | outh 88 degrees 26 minutes 40 seconds West, on said
sou |
| 3 | | th line, 5.00 feet; thence North 01 degrees 44 minutes 58 s |
| 4 | | econds West, parallel with
the east line of said Outlot A, |
| 5 | | a distance of 60.49 feet; thence North 88 degrees 26minu |
| 6 | | tes
40 seconds East, 27.00 feet to the west line of the East |
| 7 | | 16.00 feet of said Outlot A; thence
North 01 degree 44 m |
| 8 | | inutes 58 seconds West, on said west line, 159.51 feet to a |
| 9 | | point
27.00 feet South of, as measured perpendicular to, t |
| 10 | | he south right of way line of 189th
Street; thence Nort |
| 11 | | h 88 degrees 26 minutes 40 seconds East, parallel to sai |
| 12 | | d south right of
way line, 5.00 feet to the west line of t |
| 13 | | he East 11.00 feet of said Outlot A; thence South 01
de |
| 14 | | gree 44 minutes 58 seconds East, on said west line, 15 |
| 15 | | 9.51 feet; thence South 22
degrees 20 minutes 14 secon |
| 16 | | ds West, 66.16 feet to the Point of Beginning. Said parcel containing 0.044 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0004A
Station 89+10.59 To Station 91+36.89 Index No.: 19-09-01-301-001
Parcel 0004A
That part of Lot 1 in |
| 2 | | Panduit Corp Planned Unit Development Subdivision, bein |
| 3 | | g a
subdivision in part of the Southwest Quarter of Sec |
| 4 | | tion 1, Township 35 North, Range 12
East of the Third Pri |
| 5 | | ncipal Meridian, according to the plat thereof recorded A |
| 6 | | ugust 31, 2012
as Document No. R2012-096238, in Will Coun |
| 7 | | ty, Illinois, bearings and distances based on
the Illi |
| 8 | | nois Sate Plane Coordinate System, East Zone, NAD 8 |
| 9 | | 3 (2011 Adjustment) with a
combined scale factor of |
| 10 | | 0.9999641157 described as follows:
Beginning at the southwest |
| 12 | | corner of said lot; thence North 01 degree 44 minutes 58 |
| 13 | |
seconds West, on the west line of said lot, 226.18 feet; |
| 14 | | thence North 88 degrees 15
minutes 33 seconds East, 10.00 fe |
| 15 | | et to the east line of the West 10.00 feet of said lot; |
| 16 | |
thence South 01 degree 44 minutes 58 seconds East, on sa |
| 17 | | id east line, 186.95 feet;
thence North 88 degrees 15 minu |
| 18 | | tes 28 seconds East, 17.00 feet to the east line of the
We |
| 19 | | st 27.00 feet of said lot; thence South 01 degree 44 minute |
| 20 | | s 58 seconds East, on said
east line, 39.35 feet to the sout |
| 21 | | h line of said lot; thence South 88 degrees 30 minutes 01
|
| 22 | | second West, on said south line, 27.00 feet to the Point of Beginning.
Said parcel containing 0.067 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0004B
Station 92+15.00 To Station 99+94.90 Index No.: 19-09-01-301-001
Parcel 0004B
That part of Lot 1 in |
| 9 | | Panduit Corp Planned Unit Development Subdivision, bein |
| 10 | | g a
subdivision in part of the Southwest Quarter of Sec |
| 11 | | tion 1, Township 35 North, Range 12
East of the Third Pri |
| 12 | | ncipal Meridian, according to the plat thereof recorded A |
| 13 | | ugust 31, 2012
as Document No. R2012-096238, in Will Coun |
| 14 | | ty, Illinois, bearings and distances based on
the Illi |
| 15 | | nois Sate Plane Coordinate System, East Zone, NAD 8 |
| 16 | | 3 (2011 Adjustment) with a
combined scale factor of |
| 17 | | 0.9999641157 described as follows:
Beginning at the northwest |
| 19 | | corner of said lot; thence North 88 degrees 32 minutes 27
|
| 20 | | seconds East, on the north line of said lot, 53.09 feet; |
| 21 | | thence South 02 degrees 19 minutes
11 seconds West, 586.19 |
| 22 | | feet to a point 20.00 feet East of, as measured perpendi |
|
| | HB5501 | - 2612 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ncipal Meridian, according to the plat thereof recorded A |
| 2 | | ugust 31, 2012
as Document No. R2012-096238, in Will Coun |
| 3 | | ty, Illinois, bearings and distances based on
the Illi |
| 4 | | nois Sate Plane Coordinate System, East Zone, NAD 8 |
| 5 | | 3 (2011 Adjustment) with a
combined scale factor of |
| 6 | | 0.9999641157 described as follows:
Commencing at the southwest |
| 8 | | corner of said lot; thence North 01 degree 44 minutes 58 |
| 9 | |
seconds West, on the west line of said lot, 226.18 feet |
| 10 | | to the Point of Beginning; thence
continuing North 01 deg |
| 11 | | rees 44 minutes 58 seconds West, on said west line, 7 |
| 12 | | 8.11 feet;
thence North 88 degrees 15 minutes 02 secon |
| 13 | | ds East, 9.00 feet; thence South 50 degrees
58 minutes 14 |
| 14 | | seconds East, 27.73 feet; thence North 88 degrees 15 minu |
| 15 | | tes 33 seconds
East, 25.00 feet to the east line of the We |
| 16 | | st 55.00 feet of said lot; thence South 01 degree
44 minute |
| 17 | | s 58 seconds East, on said east line, 60.00 feet; thence S |
| 18 | | outh 88 degrees 15
minutes 33 seconds West, 40.00 feet to |
| 19 | | the east line of the West 15.00 feet of said lot;
thence |
| 20 | | South 01 degree 44 minutes 58 seconds East, on said east |
| 21 | | line, 186.94 feet;
thence South 88 degrees 15 minutes 28 |
| 22 | | second West, 5.00 feet to the east line of the
West 10.0 |
| 23 | | 0 feet of said lot; thence North 01 degree 44 minutes 58 |
| 24 | | seconds West, on said
east line, 186.95 feet; thence Sout |
| 25 | | h 88 degrees 15 minutes 33 seconds West, 10.00 feet
to the Point of Beginning.
Said parcel containing 0.105 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0005
Station 92+02.49 To Station 99+94.90 Index No.: 19-09-02-402-003
Parcel 0005
That part of Outlot A in 80th A |
| 10 | | venue Industrial Center in the east half of the South |
| 11 | | east
Quarter of Section 2, Township 35 North, Range 12 E |
| 12 | | ast of the Third Principal Meridian,
according to the pla |
| 13 | | t thereof recorded May 27, 1976 as Document No. R1976-0157 |
| 14 | | 68,
Township of Frankfort, Will County, Illinois, bearings |
| 15 | | and distances based on the Illinois
Sate Plane Coordinate |
| 16 | | System, East Zone, NAD 83 (2011 Adjustment) with |
| 17 | | a combined
scale factor of 0.9999641157 described as follows:
Beginning at the northeast cor |
| 19 | | ner of said Outlot A, said northeast corner being the
int |
| 20 | | ersection of the east line of said Outlot A with the |
| 21 | | south right of way line of Interstate 80;
thence Sout |
|
| | HB5501 | - 2614 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | h 05 degrees 42 minutes 13 seconds East, on the east lin |
| 2 | | e of said Outlot A,
526.56 feet to an angle point in said |
| 3 | | east line; thence South 01 degree 44 minutes 58
second |
| 4 | | s East, on said east line, 266.93 feet to the north right of |
| 5 | | way line of 189th Street;
thence South 88 degrees 26 m |
| 6 | | inutes 40 seconds West, on said north right of way line,
5 |
| 7 | | 0.00 feet; thence North 01 degree 44 minutes 58 seconds Wes |
| 8 | | t, parallel with said east
line, 32.00 feet; thence Nort |
| 9 | | h 88 degrees 26 minutes 40 seconds East, parallel with sai |
| 10 | | d
north right of way line, 37.00 feet to the west line of t |
| 11 | | he East 13.00 feet of said Outlot A;
thence North 01 de |
| 12 | | gree 44 minutes 58 seconds West, on said west line, 27 |
| 13 | | 9.26 feet;
thence South 88 degrees 15 minutes 02 second |
| 14 | | s West, 22.00 feet; thence North 01
degree 43 minutes 58 |
| 15 | | seconds West, 238.59 feet; thence North 04 degrees 43 minut |
| 16 | | es 36
seconds West, 197.47 feet; thence North 01 degree 5 |
| 17 | | 4 minutes 17 seconds West, 45.18
feet to the north line of s |
| 18 | | aid Outlot A; thence North 88 degrees 31 minutes 27 seconds |
| 19 | |
East, on said north line, 9.00 feet to the Point of Beginning.
Said parcel containing 0.321 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0006
Station 102+41.97 To Station 115+07.14 Index No.: 19-09-01-100-013
Parcel 0006
The West 60 acres (Except the Eas |
| 5 | | t 40 acres thereof) of the south half of the Northwest
Quar |
| 6 | | ter of Section 1, Township 35 North, Range 12 East of the |
| 7 | | Third Principal Meridian, in
Will County, Illinois.
Excepting therefrom that |
| 9 | | part described for street purposes by Plat of Dedication a |
| 10 | | nd
ordinance approving the same record as Document R2002-010141.
Also excepting therefrom that pa |
| 12 | | rt taken for Interstate 80 in Case 66 G 1592H the Lis
Pende |
| 13 | | s of which was recorded as Document R66-13830.
Said parcel containing 16.618 acres, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0007TE
Station 110+41.32 To Station 110+49.57 Index No.: 19-09-02-203-003
Parcel 0007TE
That part of Lot 9 in Mercur |
| 3 | | y Business Center, being a subdivision of part of th |
| 4 | | e Southeast
Quarter of the Northeast Quarter of Section 2 |
| 5 | | , Township 35 North, Range 12 East of the
Third Principal |
| 6 | | Meridian, according to the plat thereof recorded Augus |
| 7 | | t 26, 1994 as
Document No. R94-82441, in Will Coun |
| 8 | | ty, Illinois, bearings and distances based on the
Illin |
| 9 | | ois State Plane Coordinate System, East Zone, NAD 8 |
| 10 | | 3 (2011 Adjustment) with a
combined scaled factor of |
| 11 | | 0.9999641157 described as follows:
Commencing at the southeast |
| 13 | | corner of said lot; thence South 84 degrees 03 minutes 06
|
| 14 | | seconds West, on the south line of said lot, 74.77 feet |
| 15 | | to the Point of Beginning; thence
continuing South 84 deg |
| 16 | | rees 03 minutes 06 seconds West, on said south line, 4 |
| 17 | | 4.50 feet;
thence North 05 degrees 56 minutes 54 seconds W |
| 18 | | est, perpendicular to said south line,
5.00 feet; thence N |
| 19 | | orth 84 degrees 03 minutes 06 seconds East, parallel w |
| 20 | | ith said south
line, 44.50 feet; thence South 05 degrees 5 |
| 21 | | 6 minutes 54 seconds East, perpendicular to
said south li |
| 22 | | ne, 5.00 feet to the Point of Beginning.
Said parcel containing 0.005 ac |
| 2 | | re (223 square feet), more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0008TE-A
St |
| 8 | | ation 118+98.39 To Station 120+86.46 Index No.: 19-09-02-205-034
Parcel 0008TE-A
That part of Lot 1 in Speedwa |
| 12 | | y Tinley Park Subdivision, being a consolidation of Parce |
| 13 | | ls 1,
2 and 3 in the north half of Section 2, Township 35 N |
| 14 | | orth, Range 12 East of the Third
Principal Meridian, acc |
| 15 | | ording to the plat thereof recorded March 1, 2016, as Document N |
| 16 | | o.
R2016-015413, all in Will County, Illinois beari |
| 17 | | ngs and distances based on the Illinois State
Plane Coordin |
| 18 | | ate System, East Zone, NAD 83 (2011 Adjustment) with |
| 19 | | a combined scale
factor of 0.9999641157 described as follows:
Commencing at the northeast |
| 21 | | corner of said lot; thence South 01 degree 45 minutes 01 |
| 22 | |
seconds East, on the east line of said lot, 235.96 feet |
|
| | HB5501 | - 2618 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to the Point of Beginning; thence
continuing South 01 d |
| 2 | | egree 45 minutes 01 second East, on said east line, 106.00 |
| 3 | | feet to
an angle point in said east line; thence Sout |
| 4 | | h 88 degrees 30 minutes 13 seconds West, on
said east l |
| 5 | | ine, 9.00 feet to an angle point in said east line; thence |
| 6 | | South 01 degree 45
minutes 01 second East, on said east li |
| 7 | | ne, 82.11 feet to an angle point in said east line;
|
| 8 | | thence South 88 degrees 30 minutes 13 seconds West, on |
| 9 | | said east line, 5.00 feet; thence
North 01 degree 45 minute |
| 10 | | s 01 second West, parallel with said east line, 82.11 fee |
| 11 | | t;
thence South 88 degrees 30 minutes 13 seconds West, 1 |
| 12 | | 0.00 feet; thence North 01
degree 45 minutes 01 second Wes |
| 13 | | t, parallel with said east line, 106.00 feet; thence Nort |
| 14 | | h
88 degrees 14 minutes 59 seconds East, 24.00 feet to the Point of Beginning.
Said parcel containing 0.068 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0008TE-B
St |
| 21 | | ation 115+88.46 To Station 116+03.46 Index No.: 19-09-02-205-034
Parcel 0008TE-B
That part of Lot 1 in Speedwa |
| 2 | | y Tinley Park Subdivision, being a consolidation of Parce |
| 3 | | ls 1,
2 and 3 in the north half of Section 2, Township 35 N |
| 4 | | orth, Range 12 East of the Third
Principal Meridian, acc |
| 5 | | ording to the plat thereof recorded March 1, 2016, as Document N |
| 6 | | o.
R2016-015413, all in Will County, Illinois beari |
| 7 | | ngs and distances based on the Illinois State
Plane Coordin |
| 8 | | ate System, East Zone, NAD 83 (2011 Adjustment) with |
| 9 | | a combined scale
factor of 0.9999641157 described as follows:
Beginning at the southeast |
| 11 | | corner of said lot; thence South 88 degrees 30 minutes 13
|
| 12 | | seconds West, on the south line of said lot, 15.00 feet; |
| 13 | | thence North 43 degrees 22
minutes 36 seconds East, 21.1 |
| 14 | | 7 feet to the east line of said lot; thence South 01 d |
| 15 | | egree 45
minutes 01 second East, on said east line, |
| 16 | | 15.00 feet to the Point of Beginning.
Said parcel containing 0.003 ac |
| 18 | | re (112 square feet), more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0009
Station 115+92.91 To Station 122+04.37 Index No.: 19-09-01-101-009
Parcel 0009
That part of Lot 9 in Hickory C |
| 5 | | reek Corporate Center Unit 2, being a subdivision of that |
| 6 | | part
of the north half of the Northwest Quarter of Sec |
| 7 | | tion 1, Township 35 North, Range 12 East
of the Third Pri |
| 8 | | ncipal Meridian, according to the plat thereof recorded Oc |
| 9 | | tober 31, 2001 as
Document No. R2001-148202 and amended by |
| 10 | | Certificate of Correction Numbers R2001-
157981, R2001-161607 |
| 11 | | and R2001-161608, in Will County, Illinois, bearings |
| 12 | | and distances
based on the Illinois State Plane Coordinate |
| 13 | | System, East Zone, NAD 83 (2011
Adjustment) with |
| 14 | | a combined scale factor of 0.9999641157 described as follows:
Beginning at the northwest |
| 16 | | corner of said lot; thence North 88 degrees 36 minutes 17
|
| 17 | | seconds East, on the north line of said lot, 15.70 feet; |
| 18 | | thence South 01 degree 45 minutes
01 second East, 575.55 |
| 19 | | feet to a point 5.00 feet Northeasterly of, as meas |
| 20 | | ured
perpendicular to, the southwesterly line of said lot; |
| 21 | | thence South 46 degrees 35 minutes 11
seconds East, parall |
| 22 | | el with said southwesterly line, 40.81 feet; thence Sout |
| 23 | | h 00 degrees 00
minutes 00 seconds East, 6.88 feet to said |
|
| | HB5501 | - 2622 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | System, East Zone, NAD 83 (2011
Adjustment) with |
| 2 | | a combined scale factor of 0.9999641157 described as follows:
Commencing at the southeast |
| 4 | | corner of said lot; thence South 88 degrees 35 minutes 00 |
| 5 | |
seconds West, 264.49 feet to the Point of Beginning; |
| 6 | | thence continuing South 88 degrees
35 minutes 00 seconds |
| 7 | | West, on said south line, 45.50 feet to the southwesterl |
| 8 | | y line of
said lot; thence North 46 degrees 35 minutes 1 |
| 9 | | 1 seconds West, 8.21 feet; thence North 00
degrees 00 min |
| 10 | | utes 00 seconds East, 5.21 feet to a point 11.00 |
| 11 | | feet North of, as measured
perpendicular to, the south line |
| 12 | | of said lot; thence North 88 degrees 35 minutes 00
second |
| 13 | | s East, parallel with said south line, 48.31 feet; thence S |
| 14 | | outh 16 degrees 07
minutes 24 seconds East, 11.37 feet to the Point of Beginning.
Said parcel containing 0.012 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0009TE-B
Sta |
| 21 | | tion 2013+44.28 To Station 2013+90.28 Index No.: 19-09-01-101-009
Parcel 0009TE-B
That part of Lot 9 in Hickory C |
| 3 | | reek Corporate Center Unit 2, being a subdivision of that |
| 4 | | part
of the north half of the Northwest Quarter of Sec |
| 5 | | tion 1, Township 35 North, Range 12 East
of the Third Pri |
| 6 | | ncipal Meridian, according to the plat thereof recorded Oc |
| 7 | | tober 31, 2001 as
Document No. R2001-148202 and amended by |
| 8 | | Certificate of Correction Numbers R2001-
157981, R2001-161607 |
| 9 | | and R2001-161608, in Will County, Illinois, bearings |
| 10 | | and distances
based on the Illinois State Plane Coordinate |
| 11 | | System, East Zone, NAD 83 (2011
Adjustment) with |
| 12 | | a combined scale factor of 0.9999641157 described as follows:
Commencing at the southeast |
| 14 | | corner of said lot; thence South 88 degrees 35 minutes 00
s |
| 15 | | econds West, on said south line, 35.00 feet to the |
| 16 | | Point of Beginning; thence continuing
South 88 degrees 35 m |
| 17 | | inutes 00 seconds West, on said south line, 46.00 feet; |
| 18 | | thence
North 01 degrees 25 minutes 00 seconds West, 5.00 fee |
| 19 | | t to the north line of the South
5.00 feet of said lot; |
| 20 | | thence North 88 degrees 35 minutes 00 seconds East, on sa |
| 21 | | id north
line, 46.00 feet; thence South 01 degree 25 min |
| 22 | | utes 00 seconds East, 5.00 feet to the
Point of Beginning.
Said parcel containing 0.005 ac |
|
| | HB5501 | - 2626 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a combined scale factor of 0.9999641157 described as follows:
Commencing at the southwest |
| 3 | | corner of said lot; thence North 01 degree 48 minutes 13 |
| 4 | |
seconds West, on the west line of said lot, 88.63 feet |
| 5 | | to the Point of Beginning; thence
continuing North 01 de |
| 6 | | gree 48 minutes 13 seconds West, on said west line, 127.27 |
| 7 | | feet to
an angle point in said west line; thence Nor |
| 8 | | th 01 degree 04 minutes 30 seconds East, on
said west lin |
| 9 | | e, 199.86 feet to an angle point in said west line; thence |
| 10 | | North 01 degree 42
minutes 21 seconds West, on said west lin |
| 11 | | e, 156.34 feet to an angle point in said west line;
|
| 12 | | thence North 43 degrees 31 minutes 05 seconds East, on a |
| 13 | | northwesterly line of said lot,
70.43 feet to the north line |
| 14 | | of said lot; thence North 88 degrees 39 minutes 56 seconds |
| 15 | |
East, on said north line, 613.66 feet; thence South 01 de |
| 16 | | gree 20 minutes 04 seconds East,
perpendicular to said nor |
| 17 | | th line, 5.00 feet; thence South 87 degrees 05 minutes 13
|
| 18 | | seconds West, 232.71 feet; thence South 86 degrees 35 minut |
| 19 | | es 31 seconds West,
357.63 feet; thence South 50 degrees 5 |
| 20 | | 0 minutes 19 seconds West, 56.86 feet; thence
South 07 deg |
| 21 | | rees 02 minutes 04 seconds West, 130.48 feet; thence Sout |
| 22 | | h 00 degrees 00
minutes 30 seconds East, 344.94 feet; |
| 23 | | thence South 88 degrees 15 minutes 04 seconds
West, |
| 24 | | 7.78 feet to the Point of Beginning.
Said parcel containing 0.376 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0010TE
Station 122+29.00 To Station 127+72.90 Index No.: 19-09-01-101-007
Parcel 0010TE
That part of Lot 10 in Hickory C |
| 10 | | reek Corporate Center Unit 2, being a subdivision of that |
| 11 | |
part of the north half of the Northwest Quarter of Sec |
| 12 | | tion 1, Township 35 North, Range 12
East of the Third Pri |
| 13 | | ncipal Meridian, according to the plat thereof recorded Oc |
| 14 | | tober 31,
2001 as Document No. R2001-148202 and amended by |
| 15 | | Certificate of Correction Numbers
R2001-157981, R2001-161607 |
| 16 | | and R2001-161608, in Will County, Illinois, bearings |
| 17 | | and
distances based on the Illinois State Plane Coordinate |
| 18 | | System, East Zone, NAD 83 (2011
Adjustment) with |
| 19 | | a combined scale factor of 0.9999641157 described as follows:
Commencing at the southwest |
| 21 | | corner of said lot; thence North 01 degree 48 minutes 13 |
| 22 | |
seconds West, on the west line of said lot, 29.63 feet |
|
| | HB5501 | - 2628 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | to the Point of Beginning; thence
continuing North 01 de |
| 2 | | gree 48 minutes 13 seconds West, on said west line, 5 |
| 3 | | 9.00 feet;
thence North 88 degrees 15 minutes 04 secon |
| 4 | | ds East, 7.78 feet; thence North 00 degree
00 minutes 30 se |
| 5 | | conds West, 344.94; thence North 07 degrees 02 minutes 04 |
| 6 | | seconds
East, 130.48 feet; thence North 50 degrees 50 minu |
| 7 | | tes 19 seconds East, 10.14 feet;
thence South 01 degree 4 |
| 8 | | 4 minutes 33 seconds East, 72.90 feet; thence South 18 deg |
| 9 | | rees
40 minutes 18 seconds East, 68.68 feet; thence Sou |
| 10 | | th 01 degree 44 minutes 34 seconds
East, 134.29 feet; |
| 11 | | thence South 13 degrees 46 minutes 54 seconds West, 18 |
| 12 | | 6.82 feet;
thence South 01 degree 44 minutes 30 second |
| 13 | | s East, 27.00 feet; thence North 88 degrees
15 minutes 04 |
| 14 | | seconds East, 39.81 feet; thence South 01 degree 48 minu |
| 15 | | tes 13 seconds
East, 64.00 feet; thence South 88 degrees 1 |
| 16 | | 5 minutes 04 seconds West, 40.28 feet;
thence North 01 d |
| 17 | | egree 45 minutes 01 second West, 5.00 feet; thence Sout |
| 18 | | h 88 degrees
15 minutes 04 seconds West, 15.73 feet to the Point of Beginning.
Said parcel containing 0.435 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0011TE
Station 123+22.42 To Station 125+60.84 Index No.: 19-09-02-205-025
Parcel 0011TE
That part of Lot 31 in Tinley C |
| 4 | | rossings Corporate Center, Phase 3, a resubdivision of |
| 5 | | part
of the north half of Section 2, Township 35 North, |
| 6 | | Range 12 East of the Third Principal
Meridian, according to |
| 7 | | the plat thereof recorded February 27, 2001 as Document No.
|
| 8 | | R2001-021137, all in Will County, Illinois, bearings |
| 9 | | and distances based on the Illinois
State Plane Coordinate |
| 10 | | System, East Zone, NAD 83 (2011 Adjustment) with |
| 11 | | a combined
scale factor of 0.9999641157 described as follows:
Beginning at the southeas |
| 13 | | t corner of said lot, said southeast corner being on the |
| 14 | | west right
of way line of 80th Avenue; thence South 88 deg |
| 15 | | rees 15 minutes 09 seconds West, on a
south line of said l |
| 16 | | ot, 16.00 feet to the west line of the East 16.00 feet of |
| 17 | | said lot; thence
North 01 degree 45 minutes 01 second West |
| 18 | | , on said west line, 47.30 feet; thence North
88 degrees 1 |
| 19 | | 4 minutes 59 seconds East, 12.00 feet to the west line of |
| 20 | | the East 4.00 feet of
said lot; thence North 01 degree 45 |
| 21 | | minutes 01 second West, on said west line, 142.42
feet; |
| 22 | | thence South 88 degrees 14 minutes 59 seconds West, 5.00 fe |
| 23 | | et to the west line of
the East 9.00 feet of said lot; |
|
| | HB5501 | - 2630 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | thence North 01 degree 45 minutes 01 second West, on s |
| 2 | | aid
west line, 48.70 feet; thence North 88 degrees 14 min |
| 3 | | utes 59 seconds East, 9.00 feet to
the east line of said l |
| 4 | | ot; thence South 01 degree 45 minutes 01 second East, on s |
| 5 | | aid east
line, 238.42 feet to the Point of Beginning.
Said parcel containing 0.041 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0012
Station 126+69.25 To Station 128+28.53 Index No.: 19-09-02-205-010
Parcel 0012
That part of Lot 25 in Tinley |
| 15 | | Crossings Corporate Center Unit 1, being a subdivision of |
| 16 | | part
of the North half of Section 2, Township 35 North, |
| 17 | | Range 12 East of the Third Principal
Meridian, according |
| 18 | | to the Plat of Subdivision thereof recorded October 16, 1998 as
|
| 19 | | Document R98-122885, in Will County, Illinois, beari |
| 20 | | ngs and distances based on the Illinois
State Plane Coordin |
| 21 | | ate System, East Zone, NAD 83 (2011 Adjustment) with |
| 22 | | a combined
scale factor of 0.9999641157 described as follows:
Commencing at the southeast |
| 2 | | corner of said lot; thence North 01 degree 45 minutes 01
sec |
| 3 | | ond West, on the east line of said lot, 98.41 feet to the |
| 4 | | Point of Beginning; thence
South 88 degrees 15 minutes 5 |
| 5 | | 0 seconds West, 6.00 feet; thence North 01 degree 45
minute |
| 6 | | s 01 second West, parallel with said east line, 31.47 fee |
| 7 | | t to a point of curvature;
thence Northwesterly, on a |
| 8 | | 110.00 foot radius curve, concave Southwesterly, 172. |
| 9 | | 12 feet,
the chord of said curve bears North 46 degrees 3 |
| 10 | | 4 minutes 30 seconds West, 155.09 feet
to the south line |
| 11 | | of the North 17.00 feet of said lot, and to a point of |
| 12 | | tangency; thence
South 88 degrees 35 minutes 58 seconds |
| 13 | | West, on said south line, 119.66 feet; thence
South 01 d |
| 14 | | egree 45 minutes 01 second East, 7.00 feet; thence Sout |
| 15 | | h 88 degrees 35
minutes 58 seconds West, parallel with said |
| 16 | | north line, 20.00 feet to the west line of said
lot; |
| 17 | | thence North 01 degree 45 minutes 01 second West, on sai |
| 18 | | d west line, 24.00 feet to
the northwest corner of said lo |
| 19 | | t; thence North 88 degrees 35 minutes 58 seconds East, on
t |
| 20 | | he north line of said lot, 204.99 feet to the northeasterl |
| 21 | | y line of said lot; thence South 46
degrees 34 minute |
| 22 | | s 31 seconds East, on said northeasterly line, 70.93 fee |
| 23 | | t to the east line
of said lot; thence South 01 degree 45 |
| 24 | | minutes 01 second East, on said east line, 107.77
feet to the Point of Beginning.
Said parcel containing 0.152 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0012TE
Station 126+69.25 To Station 128+11.41 Index No.: 19-09-02-205-010
Parcel 0012TE
That part of Lot 25 in Tinley |
| 10 | | Crossings Corporate Center Unit 1, being a subdivision of |
| 11 | | part
of the North half of Section 2, Township 35 North, |
| 12 | | Range 12 East of the Third Principal
Meridian, according |
| 13 | | to the Plat of Subdivision thereof recorded October 16, 1998 as
|
| 14 | | Document R98-122885, in Will County, Illinois, beari |
| 15 | | ngs and distances based on the Illinois
State Plane Coordin |
| 16 | | ate System, East Zone, NAD 83 (2011 Adjustment) with |
| 17 | | a combined
scale factor of 0.9999641157 described as follows:
Commencing at the southeast |
| 19 | | corner of said lot; thence North 01 degree 45 minutes 01
sec |
| 20 | | ond West, on the east line of said lot, 98.41 feet; |
| 21 | | thence South 88 degrees 15 minutes
50 seconds West, |
| 22 | | 6.00 feet to the Point of Beginning; thence continuing S |
|
| | HB5501 | - 2633 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | outh 88 degrees
15 minutes 50 seconds West, 5.00 feet; |
| 2 | | thence North 01 degree 45 minutes 01 second
West, para |
| 3 | | llel with the east line of said lot, 31.47 feet; thence N |
| 4 | | orth 28 degrees 47 minutes
08 seconds West, 72.92 feet; |
| 5 | | thence North 57 degrees 01 minute 36 seconds West, 57.77
fee |
| 6 | | t to the south line of the North 29.00 feet of said lot; |
| 7 | | thence South 88 degrees 35
minutes 58 seconds West, on sai |
| 8 | | d south line, 143.37 feet; thence South 01 degree 45
min |
| 9 | | utes 01 second East, 10.00 feet; thence South 88 degrees 3 |
| 10 | | 5 minutes 58 seconds
West, parallel with the north line of s |
| 11 | | aid lot, 20.00 feet to the west line of said lot; thence
Nor |
| 12 | | th 01 degree 45 minutes 01 second West, on said west line |
| 13 | | , 15.00 feet; thence North
88 degrees 35 minutes 58 secon |
| 14 | | ds East, parallel with the north line of said lot, 20.00 fe |
| 15 | | et;
thence North 01 degree 45 minutes 01 second West, 7.00 |
| 16 | | feet to the south line of the
North 17.00 feet of said lo |
| 17 | | t; thence North 88 degrees 35 minutes 58 seconds East, |
| 18 | | on said
south line, 119.66 feet to a point of curvature; |
| 19 | | thence Southeasterly, on a 110.00 foot
radius curve, con |
| 20 | | cave Southwesterly, 172.12 feet, the chord of said curve |
| 21 | | bears South 46
degrees 34 minutes 30 seconds East, 155.0 |
| 22 | | 9 feet to the west line of the East 6.00 feet of
said lot, a |
| 23 | | nd to a point of tangency; thence South 01 degree 45 minut |
| 24 | | es 01 second East,
on said west line, 31.47 feet to the Point of Beginning.
Said parcel containing 0.093 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0013
Station 95+54.70 To Station 98+85.07 Index No.: 19-09-02-205-028
Parcel 0013
All common areas in the 8021 Con |
| 9 | | dominium, as delineated on a survey of the following
descri |
| 10 | | bed real estate: Lot 30 in Tinley Crossings Co |
| 11 | | rporate Center, Phase 3, a
resubdivision of part of th |
| 12 | | e North half of Section 2, Township 35 North, Range 12 E |
| 13 | | ast of
the Third Principal Meridian, according to the plat |
| 14 | | thereof recorded February 27, 2001 as
Document No. R2001-021137, which survey is attached as Exhibit "B" to the |
| 16 | | Declaration of
Condominium recorded as Document Number R2004-22962, and as amended, all in Will
County, Illinois, be |
| 18 | | arings and distances based on the Illinois State Plane Coo |
| 19 | | rdinate
System, East Zone, NAD 83 (2011 Adjustment) with |
| 20 | | a combined scale factor of
0.9999641157 described as follows:
Beginning at the northeast cor |
| 22 | | ner of said Lot 30; thence South 01 degree 45 minutes 01
sec |
|
| | HB5501 | - 2635 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ond East, on the east line of said lot, 24.00 feet to t |
| 2 | | he south line of the North 24.00 feet
of said lot; thence S |
| 3 | | outh 88 degrees 35 minutes 58 seconds West, on said sout |
| 4 | | h line,
97.77 feet; thence North 87 degrees 12 minutes 48 |
| 5 | | seconds West, 136.96 feet; thence
South 89 degrees 41 minu |
| 6 | | tes 13 seconds West, 52.69 feet to a point of curvature; th |
| 7 | | ence
Westerly, on a 787.00 foot radius curve, concave |
| 8 | | Southerly, 39.84 feet, the chord of said
curve bears Sout |
| 9 | | h 87 degrees 08 minutes 58 seconds West, 39.83 feet to |
| 10 | | the west line of
said lot; thence North 01 degree 45 minute |
| 11 | | s 03 seconds West, on said west line, 13.01
feet to the nor |
| 12 | | thwest corner of said lot; thence Easterly, on the north |
| 13 | | line of said lot, being
an 800.00 foot radius curve, conc |
| 14 | | ave Southerly, 39.91 feet, the chord of said curve bears
N |
| 15 | | orth 87 degrees 10 minutes 13 seconds East, 39.91 feet to a |
| 16 | | point of tangency in said
north line; thence North 88 deg |
| 17 | | rees 35 minutes 58 seconds East, on said north line, 2 |
| 18 | | 86.90
feet to the Point of Beginning.
Said parcel containing 0.142 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0013TE-A
Station 97+87.30 To Station 98+85.18 Index No.: 19-09-02-205-028
Parcel 0013TE-A
All common areas in the 8021 Con |
| 4 | | dominium, as delineated on a survey of the following
descri |
| 5 | | bed real estate: Lot 30 in Tinley Crossings Co |
| 6 | | rporate Center, Phase 3, a
resubdivision of part of th |
| 7 | | e North half of Section 2, Township 35 North, Range 12 E |
| 8 | | ast of
the Third Principal Meridian, according to the plat |
| 9 | | thereof recorded February 27, 2001 as
Document No. R2001-021137, which survey is attached as Exhibit "B" to the |
| 11 | | Declaration of
Condominium recorded as Document Number R2004-22962, and as amended, all in Will
County, Illinois, be |
| 13 | | arings and distances based on the Illinois State Plane Coo |
| 14 | | rdinate
System, East Zone, NAD 83 (2011 Adjustment) with |
| 15 | | a combined scale factor of
0.9999641157 described as follows:
Commencing at the northeast cor |
| 17 | | ner of said Lot 30; thence South 01 degree 45 minutes 01
sec |
| 18 | | ond East, on the east line of said lot, 24.00 feet to the |
| 19 | | Point of Beginning; thence
continuing South 01 degree 45 |
| 20 | | minutes 01 second East, on said east line, 15.00 feet;
|
| 21 | | thence South 88 degrees 35 minutes 58 seconds West, paral |
| 22 | | lel with the north line of said
lot, 30.17 feet; thence Nor |
| 23 | | th 01 degree 24 minutes 02 seconds West, 10.00 feet to t |
|
| | HB5501 | - 2638 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Declaration of
Condominium recorded as Document Number R2004-22962, and as amended, all in Will
County, Illinois, be |
| 3 | | arings and distances based on the Illinois State Plane Coo |
| 4 | | rdinate
System, East Zone, NAD 83 (2011 Adjustment) with |
| 5 | | a combined scale factor of
0.9999641157 described as follows:
Commencing at the northwest cor |
| 7 | | ner of said Lot 30; thence South 01 degree 45 minutes
03 |
| 8 | | seconds East, on the west line of said lot, 13.01 feet; th |
| 9 | | ence Easterly, on a 787.00 foot
radius curve, concave |
| 10 | | Southerly, 16.92 feet, the chord of said curve bears Nort |
| 11 | | h 86
degrees 18 minutes 55 seconds East, 16.92 feet to the |
| 12 | | Point of Beginning; thence
continuing Easterly, on said |
| 13 | | 787.00 foot radius curve, 22.92 feet, the chord of said cu |
| 14 | | rve
bears North 87 degrees 45 minutes 55 seconds East, 2 |
| 15 | | 2.92 feet; thence North 89 degrees
41 minutes 13 second |
| 16 | | s East, 41.67 feet; thence South 01 degree 39 minutes 1 |
| 17 | | 8 seconds
East, 6.00 feet; thence South 89 degrees 41 minu |
| 18 | | tes 10 seconds West, 41.70 feet to a
point of curvature; th |
| 19 | | ence Westerly, on a 781.00 foot radius curve, concave |
| 20 | | Southerly,
22.74 feet, the chord of said curve bears Sout |
| 21 | | h 87 degrees 45 minutes 55 seconds West,
22.74 feet; |
| 22 | | thence North 03 degrees 04 minutes 08 seconds West, |
| 23 | | 6.00 feet to the Point of
Beginning.
Said parcel containing 0.009 ac |
|
| | HB5501 | - 2641 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | and distances based on the Illinois
State Plane Coordinate |
| 2 | | System, East Zone, NAD 83 (2011 Adjustment) with |
| 3 | | a combined
scale factor of 0.9999641157 described as follows:
Commencing at the northeast cor |
| 5 | | ner of said Lot 29; thence Southwesterly, on the northerly |
| 6 | |
line of said lot, being a 800.00 foot radius curve, conca |
| 7 | | ve Southerly, 230.96 feet, the chord
of said curve bears S |
| 8 | | outh 77 degrees 28 minutes 14 seconds West, 230.15 feet |
| 9 | | to the
Point of Beginning; thence South 20 degrees 48 minu |
| 10 | | tes 00 seconds East, 13.00 feet to
the southerly line of t |
| 11 | | he Northerly 13.00 feet of said lot; thence Southwesterl |
| 12 | | y, on said
southerly line, being a 787.00 foot radius curve |
| 13 | | , concave Southerly, 35.99 feet, the chord
of said curve |
| 14 | | bears South 67 degrees 53 minutes 24 seconds West, 3 |
| 15 | | 5.98 feet; thence
North 23 degrees 25 minutes 11 secon |
| 16 | | ds West, 13.00 feet to the northerly line of said lot;
the |
| 17 | | nce Northeasterly, on said northerly line, being a 800.00 |
| 18 | | foot radius curve, concave
Southerly, 36.58 feet, the chord |
| 19 | | of said curve bears North 67 degrees 53 minutes 24
secon |
| 20 | | ds East, 36.58 feet to the Point of Beginning.
Said parcel containing 0.011 acre, more or less.
Route: 80th Avenue (CH 83) Section: 06-00122-16-FP County: Will Job No.: R-55-001-97 Parcel No.: 0015TE
Station 91+38.62 To Station 93+13.16 Index No.: 19-09-02-204-003
Parcel 0015TE
That part of Outlot A in Tinley |
| 7 | | Crossings Corporate Center Unit 1, being a subdivision of |
| 8 | |
part of the North half of Section 2, Township 35 North, |
| 9 | | Range 12 East of the Third Principal
Meridian, according to |
| 10 | | the plat thereof recorded October 16, 1998 as Document No. R98-
122885, all in Will County, Illinois, bearings |
| 12 | | and distances based on the Illinois State Plane
Coordinate |
| 13 | | System, East Zone, NAD 83 (2011 Adjustment) with |
| 14 | | a combined scale factor of
0.9999641157 described as follows:
Beginning at the northeast corne |
| 16 | | r of said Outlot A; thence Southwesterly, on the southe |
| 17 | | rly
line of said Outlot A, being a 900.00 foot radius cur |
| 18 | | ve, concave Southeasterly, 117.40 feet,
the chord of |
| 19 | | said curve bears South 65 degrees 40 minutes 28 seconds We |
| 20 | | st, 117.32 feet
to a point of tangency in said south |
| 21 | | erly line; thence South 61 degrees 56 minutes 15
secon |
| 22 | | ds West, on said southerly line, 63.70 feet; thence Nort |
| 23 | | h 28 degrees 03 minutes 45
seconds West, 9.00 feet to |
|
| | HB5501 | - 2643 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the northerly line of the Southerly 9.00 feet of said |
| 2 | | Outlot A;
thence North 61 degrees 56 minutes 15 secon |
| 3 | | ds East, on said northerly line, 63.70 feet to
a |
| 4 | | point of curvature; thence Northeasterly, on a 909.00 |
| 5 | | foot radius curve, concave
Southeasterly, 93.69 feet, the |
| 6 | | chord of said curve bears North 64 degrees 53 minutes 25
s |
| 7 | | econds East, 93.65 feet to the north line of said Outlot A; |
| 8 | | thence North 88 degrees 35
minutes 58 seconds East, on said |
| 9 | | north line, 26.35 feet to the Point of Beginning.
Said parcel containing 0.035 acre, more o |
| 11 | | r less. (b) This Section is repealed April 2, 202 |
| 12 | | 4 (3 years after the effective
date of Public Act 101-665) this amendatory Act of the 101st General Assembly.
(Source: P.A. 101-665, eff. 4-2-21; revised 11-18-21.)
(735 ILCS 30/25-5-85)
|
| 16 | |
(Section scheduled to be repealed on July 9, 2024) Sec. 25-5-85 25-5-80. Quick-take; City of Woodstock; Madison Street, South Street, and Lake Avenue. (a) Quick-take proceedings un |
| 20 | | der Article 20 may be used for a period of no more than 2 years after J |
| 21 | | uly 9, 2021 (the effective date of Public Act 102-53) this amendatory Act of the 102nd General Assembly by the |
| 23 | | City of Woodstock for the acquisition of the following |
| 24 | | described property for the purpose of widening the right-of-way proximate to the intersection of Madison Street, Sou |
| 2 | | th Street, and Lake Avenue to construct a traffic roundabout:
That part of the north 47.5 feet |
| 4 | | of the south 87.5 feet of Lots 7 and 8 in Block 18 in the Ori |
| 5 | | ginal Town of Centerville, now City of Woodstock, a subdivisio |
| 6 | | n of part of the Southwest Quarter of Section 5, Township 44 |
| 7 | | North, Range 7 East of the Third Principal Meridian, according |
| 8 | | to the plat recorded June 10, 1844, in Book D of Deeds |
| 9 | | , page 201, in the City of Woodstock, McHenry County, Illi |
| 10 | | nois, described as follows using bearings as referenc |
| 11 | | ed to Illinois State Plane Coordinate System, East Zone North |
| 12 | | American Datum 1983 (2011 Adjustment):
Commencing at a 5/8-inch iron p |
| 14 | | ipe found at the southwest corner of said Lot 7; thence Nor |
| 15 | | th 0 degrees 22 minutes 24 seconds West, 40.00 feet on the west |
| 16 | | line of said Lot 7 to the south line of said north 47.5 feet |
| 17 | | of the south 87.5 feet of Lots 7 and 8 for the Point of |
| 18 | | Beginning; thence North 89 degrees 14 minutes 44 seconds E |
| 19 | | ast, 15.06 feet along said south line; thence northwesterly, 27 |
| 20 | | .31 feet on a curve to the right having a radius of 69.42 fee |
| 21 | | t, the chord of said curve bears North 34 degrees 05 minutes 5 |
| 22 | | 2 seconds West, 27.13 feet to the aforesaid west line of Lot 7; |
| 23 | | thence South 0 degrees 22 minutes 24 seconds East, 22.67 feet a |
| 24 | | long said west line to the Point of Beginning.
Said parcel containing 0.003 acr |
| 2 | | e or 145 square feet, more or less.
***
The north 47.5 feet of the south |
| 5 | | 87.5 feet of Lots 7 and 8 in Block 18 in the Original Town o |
| 6 | | f Centerville, now City of Woodstock, a subdivision of part o |
| 7 | | f the Southwest Quarter of Section 5, Township 44 North, |
| 8 | | Range 7 East of the Third Principal Meridian, according to |
| 9 | | the plat recorded June 10, 1844, in Book D of Deeds, page 201, |
| 10 | | situated in the County of McHenry, in the State of Illinois, d |
| 11 | | escribed as follows, using bearings as referenced to Illin |
| 12 | | ois State Plane Coordinate System, East Zone North American Datum 1983 (2011 Adjustment):
Commencing at a 5/8-inch iron p |
| 14 | | ipe found at the southwest corner of said Lot 7; thence Nor |
| 15 | | th 0 degrees 22 minutes 24 seconds West, 62.67 feet along the |
| 16 | | west line of said Lot 7 to the Point of Beginning; thence con |
| 17 | | tinuing North 0 degrees 22 minutes 24 seconds West, 20.41 |
| 18 | | feet along said west line; thence North 89 degrees 42 minu |
| 19 | | tes 37 seconds East, 12.36 feet; thence South 0 degrees 17 minu |
| 20 | | tes 23 seconds East, 29.21 feet; thence South 89 degrees 5 |
| 21 | | 7 minutes 09 seconds East, 26.25 feet; thence South 0 degrees 1 |
| 22 | | 0 minutes 38 seconds West, 13.45 feet to the south line of s |
|
| | HB5501 | - 2648 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | der Article 20 may be used for a period of no more than 2 years after Augu |
| 2 | | st 20, 2021 (the effective date of Public Act 102-564) this amendatory Act of the 102nd General Assembly |
| 4 | | by Moultrie County for the acquisition of the following |
| 5 | | described property for the purpose of replacing a str |
| 6 | | ucture and constructing an associated roadway on Township Road 185A: A part of the Northe |
| 8 | | ast Quarter of Section 11, Township 12 North, Range 6 E |
| 9 | | ast of the Third Principal Meridian located in Moult |
| 10 | | rie County, Illinois, more particularly described as follows: Commencing at the So |
| 12 | | utheast corner of the said Northeast Quarter; thence Nort |
| 13 | | h 88°48'50" West along the South line of said Northeast Q |
| 14 | | uarter, 966.15 feet to the point of beginning; thence N |
| 15 | | orth 00°09'24" West, 13.14 feet to the centerline of pr |
| 16 | | oposed improvement; thence continuing North 00°09'24" W |
| 17 | | est, 30.00 feet to a point being 30 feet distant measure |
| 18 | | d and perpendicular to the North of said centerline; th |
| 19 | | ence North 84°54'18" West, 109.25 feet to a point being 40 |
| 20 | | feet distant measured and perpendicular to and North |
| 21 | | of said centerline; thence parallel with said centerline 16 |
| 22 | | 9.29 feet along a circular curve to the right havin |
| 23 | | g a chord bearing of North 68°09'28" West with a chord l |
| 24 | | ength of 165.14 feet and a radius of 220.12 feet; |
| 25 | | thence parallel with said centerline North 46°09'33" |
| 26 | | West, 296.16 feet: thence parallel with said centerline 7 |
|
| | HB5501 | - 2649 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 3.65 feet along a circular curve to the left havin |
| 2 | | g a chord bearing of North 53°10'55" West with a chord |
| 3 | | length of 73.47 feet and a radius of 300.44 feet to the |
| 4 | | South line of the North 70 acres of the West Half of t |
| 5 | | he said Northeast Quarter; thence North 88°59'47" West al |
| 6 | | ong the South line of said North 70 acres, 620.26 feet; th |
| 7 | | ence South 01°25'31" East, 29.21 feet to the existing South right-of-way line of the East-West public road; thence S |
| 9 | | outh 82°37'17" East, 75.89 feet to the point being 30 |
| 10 | | feet distant measured and perpendicular to the South of t |
| 11 | | he said centerline; thence parallel with said centerline |
| 12 | | North 88°34'29" East, 100 feet; thence South 63°13'29" E |
| 13 | | ast, 42.32 feet to a point being 50 feet distant measure |
| 14 | | d and perpendicular to and South of the said centerline; |
| 15 | | thence parallel with said centerline 109.31 feet along a c |
| 16 | | ircular curve to the right having a chord bearing of So |
| 17 | | uth 89°44'30" East, with a chord length of 109.29 feet and |
| 18 | | a radius of 1859.51 feet; thence North 89°05'34" East,10 |
| 19 | | 0.58 feet to a point being 45 feet distant measured and per |
| 20 | | pendicular to and South of said centerline; thence par |
| 21 | | allel with said centerline South 88°03'29" East, 54.61 |
| 22 | | feet; thence parallel with said centerline 157.54 feet alo |
| 23 | | ng a circular curve to the right having a chord bearing of |
| 24 | | South 67°06'30" East with a chord length of 165.14 feet and |
| 25 | | a radius of 220.12 feet,; thence parallel with said center |
| 26 | | line South 46°09'33" East, 79.94 feet; thence North 43°5 |
|
| | HB5501 | - 2650 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 0'27" East, 5.00 feet to a point being 40 feet distant mea |
| 2 | | sured and perpendicular to and South of said centerline; |
| 3 | | thence parallel with said centerline South 46°09'33" Eas |
| 4 | | t, 161.15 feet to the West line of Southeast Quarter |
| 5 | | of said Northeast Quarter; thence South 01°05'23" East a |
| 6 | | long the West line of said Southeast Quarter of the Northe |
| 7 | | ast Quarter, 87.37 feet to the Southwest corner of sai |
| 8 | | d Southeast Quarter of the Northeast Quarter; thence Eas |
| 9 | | terly along the South line said Northeast Quarter, |
| 10 | | 355.8 feet to the point of beginning.
ALSO, A part of the Northe |
| 13 | | ast Quarter of Section 11, Township 12 North, Range 6 E |
| 14 | | ast of the Third Principal Meridian located in Moult |
| 15 | | rie County, Illinois, more particularly described as follows: Commencing at the So |
| 17 | | utheast corner of the said Northeast Quarter; thence Nort |
| 18 | | h 88°48'50" West along the South line of said Northeast Qua |
| 19 | | rter, 1319.84 feet; thence North 01°11'10" East, 190.97 fee |
| 20 | | t to a point being 40 feet distant measured and perpend |
| 21 | | icular to and North of the centerline of proposed im |
| 22 | | provement and the point of beginning; thence North 43°50 |
| 23 | | '27" East, 50.00 feet to a point being 90 feet distant meas |
| 24 | | ured and perpendicular to and North of said centerline: |
| 25 | | thence parallel with said centerline North 46°09'33" West, |
|
| | HB5501 | - 2651 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | 120.00 feet; thence South 43°50'27" West, 50.00 feet to the propose |
| 2 | | d right-of-way line of proposed improvement |
| 3 | | , said point being 40 feet distant measured and perpendi |
| 4 | | cular to and North of said centerline; thence South |
| 5 | | 46°09'33" East along said proposed right-of-way line, 1 |
| 6 | | 20.00 feet to the point of beginning.
ALSO, A part of the Northe |
| 9 | | ast Quarter of Section 11, Township 12 North, Range 6 E |
| 10 | | ast of the Third Principal Meridian located in Moult |
| 11 | | rie County, Illinois, more particularly described as follows: Commencing at the So |
| 13 | | utheast corner of the said Northeast Quarter; thence Nort |
| 14 | | h 88°48'50" West along the South line of said Northeast Qua |
| 15 | | rter, 1351.98 feet; thence North 01°11'10" East, 1 |
| 16 | | 11.80 feet to the proposed right-of-way line of the propos |
| 17 | | ed improvement, said point being 40 feet distant measure |
| 18 | | d and perpendicular to and South of the centerline of pr |
| 19 | | oposed improvement and the point of beginning; thence par |
| 20 | | allel with said centerline North 46°09'33" West along said propose |
| 21 | | d right-of-way line, 125.00 feet; thence South |
| 22 | | 43°50'27" West along said proposed right-of-way line, 5.0 |
| 23 | | 0 feet to a point being 45 feet distant measured and per |
| 24 | | pendicular to and South of said centerline; thence par |
| 25 | | allel with said centerline North 46°09'33" West along said proposed |
|
| | HB5501 | - 2652 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | right-of-way, 25.00 feet; thence South 43°50 |
| 2 | | '27" West. 35.00 feet to a point being 80 feet distant mea |
| 3 | | sured and perpendicular to and South of said centerline; |
| 4 | | thence parallel with said centerline South 46°09'33 |
| 5 | | " East, 150.00 feet; North 43°50'27" East, 40.00 feet to the point of beginning.
ALSO, A part of the Northe |
| 8 | | ast Quarter of Section 11, Township 12 North, Range 6 E |
| 9 | | ast of the Third Principal Meridian located in Moult |
| 10 | | rie County, Illinois, more particularly described as follows: Commencing at the So |
| 12 | | utheast corner of the said Northeast Quarter; thence Nort |
| 13 | | h 88°48'50" West along the South line of said Northeast Qua |
| 14 | | rter, 1527.33 feet; thence North 01°11'30" East, 2 |
| 15 | | 64.11 feet to the proposed right-of-way line of the propos |
| 16 | | ed improvement, said point being 45 feet distant measure |
| 17 | | d and perpendicular to and South of the centerline of pr |
| 18 | | oposed improvement and the point of beginning; thence par |
| 19 | | allel with said centerline 73.33 feet along a circular |
| 20 | | curve to the left having a chord bearing of North 63°12'22 |
| 21 | | " West with a chord length of 72.94 feet and a radius of |
| 22 | | 215.44 feet; thence South 17°06'20" West, 35.00 fee |
| 23 | | t to a point being 80 feet distant measured and perpendi |
| 24 | | cular to and South of said centerline; thence parallel |
| 25 | | with said centerline 61.41 feet along a circular curve t |
|
| | HB5501 | - 2654 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Page 591 of the Records in the Recorder's Office of |
| 2 | | Macon County, Illinois and described as follows:
Commencing at an Illinois De |
| 4 | | partment of Transportation Vault found at the northwest cor |
| 5 | | ner of Section 8, Township 16 North, Range 3 East of the Th |
| 6 | | ird Principal Meridian per Monument Record recorded |
| 7 | | as Document 1894076 of the records aforesaid; thence, along |
| 8 | | bearings reference to the Illinois State Plane Coor |
| 9 | | dinate System, NAD83 (2011 Adjustment), East Zone, Nort |
| 10 | | h 89 degrees 06 minutes 39 seconds East 1204.57 feet, a |
| 11 | | long the north line of the Northwest Quarter of said |
| 12 | | Section 8; thence South 0 degrees 11 minutes 07 sec |
| 13 | | onds East 7.33 feet to the intersection of the west line |
| 14 | | of the East 108.9 feet of said Lot One (1) with the nort |
| 15 | | h line of said Lot One (1) and the Point of Beginning; |
| 16 | | thence North 87 degrees 53 minutes 06 seconds East 108 |
| 17 | | .90 feet, along said north line, also being the existing |
| 18 | | south right of way line of East Faries Parkway per said |
| 19 | | Book 335, Page 591, to the northeast corner of said L |
| 20 | | ot One (1); thence South 0 degrees 11 minutes 07 seconds E |
| 21 | | ast 389.96 feet, along the east line of said Lot One (1), |
| 22 | | to the southeast corner of said Lot One (1); thence Sout |
| 23 | | h 87 degrees 53 minutes 21 seconds West 108.90 feet, along |
| 24 | | the south line of said Lot One (1), also being the existing |
| 25 | | north right of way line of East Logan Street per said |
|
| | HB5501 | - 2655 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Book 335, Page 591, to the southwest corner of the East |
| 2 | | 108.9 feet of said Lot One (1); thence North 0 degrees |
| 3 | | 11 minutes 07 seconds West 34.92 feet along the west line |
| 4 | | of the East 108.9 feet of said Lot One (1); thence Nort |
| 5 | | h 42 degrees 59 minutes 54 seconds East 85.21 feet; |
| 6 | | thence North 02 degrees 28 minutes 18 seconds East 182 |
| 7 | | .00 feet; thence North 33 degrees 26 minutes 49 secon |
| 8 | | ds West 88.33 feet; thence South 83 degrees 08 minutes 31 |
| 9 | | seconds West 18.43 feet to the west line of the East 108.9 |
| 10 | | feet of said Lot One (1); thence North 0 degrees 11 min |
| 11 | | utes 07 seconds West 39.38 feet, along said west line, |
| 12 | | to the Point of Beginning. Said parcel contains 0.600 acres, more or less.
Temporary Construction Easement A part of the East 108.9 feet |
| 15 | | of Lot One (1) of Westlake 2nd Addition of Outlots to the |
| 16 | | City of Decatur, Illinois, per Plat recorded in Book 335, |
| 17 | | Page 591 of the Records in the Recorder's Office of |
| 18 | | Macon County, Illinois and described as follows:
Commencing at an Illinois De |
| 20 | | partment of Transportation Vault found at the northwest cor |
| 21 | | ner of Section 8, Township 16 North, Range 3 East of the Th |
| 22 | | ird Principal Meridian per Monument Record recorded |
| 23 | | as Document 1894076 of the records aforesaid; thence, along |
| 24 | | bearings reference to the Illinois State Plane Coor |
|
| | HB5501 | - 2656 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | dinate System, NAD83 (2011 Adjustment), East Zone, Nort |
| 2 | | h 89 degrees 06 minutes 39 seconds East 1204.57 feet, a |
| 3 | | long the north line of the Northwest Quarter of said Sect |
| 4 | | ion 8, to the intersection of the northerly extension of |
| 5 | | the west line of the East 108.9 feet of said Lot One (1) wi |
| 6 | | th said north line; thence South 0 degrees 11 minutes |
| 7 | | 07 seconds East 46.71 feet along said northerly extension |
| 8 | | and said west line; thence North 83 degrees 08 minutes 3 |
| 9 | | 1 seconds East 18.43 feet; thence South 33 degrees 26 min |
| 10 | | utes 49 seconds East 12.23 feet to the Point of Beginning |
| 11 | | ; thence continue South 33 degrees 26 minutes 49 secon |
| 12 | | ds East 41.57 feet; thence North 89 degrees 34 minutes 3 |
| 13 | | 7 seconds West 23.33 feet; thence North 0 degrees 41 min |
| 14 | | utes 26 seconds East 34.52 feet to the Point of Beginning. |
| 15 | | Said parcel contains 0.009 acres (403 square feet), more or less.
PARCEL 57a A part of the East one half of t |
| 18 | | he West 446.77 feet of the East 1003.67 feet of Lot One (1) |
| 19 | | and a part of the West 224 feet of the East 556.9 feet of L |
| 20 | | ot One (1) all of Westlake 2nd Addition of Outlots to the |
| 21 | | City of Decatur, Illinois, per Plat recorded in Book 335, |
| 22 | | Page 591 of the Records in the Recorder's Office of |
| 23 | | Macon County, Illinois and described as follows:
Commencing at an Illinois De |
|
| | HB5501 | - 2657 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | partment of Transportation Vault found at the northwest cor |
| 2 | | ner of Section 8, Township 16 North, Range 3 East of the Th |
| 3 | | ird Principal Meridian per Monument Record recorded |
| 4 | | as Document 1894076 of the records aforesaid; thence, along |
| 5 | | bearings reference to the Illinois State Plane Coor |
| 6 | | dinate System, NAD83 (2011 Adjustment), East Zone, Nort |
| 7 | | h 89 degrees 06 minutes 39 seconds East 533.51 feet, a |
| 8 | | long the north line of the Northwest Quarter of said |
| 9 | | Section 8; thence South 0 degrees 11 minutes 07 seco |
| 10 | | nds East 36.17 feet to the intersection of the west line o |
| 11 | | f the East one half of the West 446.77 feet of the East 10 |
| 12 | | 03.67 feet of said Lot One (1) with the existing south |
| 13 | | right of way line of East Faries Parkway per Book 251 |
| 14 | | 5, Page 103 of the records aforesaid and the Point of |
| 15 | | Beginning; thence North 81 degrees 39 minutes 51 seconds |
| 16 | | East 16.50 feet along said existing right of way line; |
| 17 | | thence North 84 degrees 23 minutes 14 seconds East 207.86 |
| 18 | | feet, along said existing right of way line, to interse |
| 19 | | ction of the north line of said Lot One (1) with the west l |
| 20 | | ine of the East 556.9 feet of said Lot One (1); thence Nort |
| 21 | | h 87 degrees 53 minutes 06 seconds East 224.00 feet, a |
| 22 | | long said north line, also being the existing south right |
| 23 | | of way line of East Faries Parkway per said Book 335, Pag |
| 24 | | e 591, to the east line of the West 224 feet of the East |
| 25 | | 556.9 feet of said Lot One (1); thence South 0 degrees |
| 26 | | 11 minutes 07 seconds East 58.03 feet along said east lin |
|
| | HB5501 | - 2658 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | e; thence South 83 degrees 08 minutes 31 seconds West 14 |
| 2 | | 5.41 feet; thence South 86 degrees 40 minutes 37 second |
| 3 | | s West 208.00 feet; thence South 58 degrees 45 minutes 06 s |
| 4 | | econds West 110.93 feet to the west line of the East one ha |
| 5 | | lf of the West 446.77 feet of the East 1003.67 feet of said |
| 6 | | Lot One (1); thence North 0 degrees 11 minutes 07 secon |
| 7 | | ds West 114.00 feet, along said west line, to the Point |
| 8 | | of Beginning. Said parcel contains 0.743 acres, more or less.
Temporary Construction Easement A part of the West 224 feet of |
| 11 | | the East 556.9 feet of Lot One (1) of Westlake 2nd Addition |
| 12 | | of Outlots to the City of Decatur, Illinois, per Plat reco |
| 13 | | rded in Book 335, Page 591 of the Records in the Recorder |
| 14 | | 's Office of Macon County, Illinois and described as follows:
Commencing at an Illinois De |
| 16 | | partment of Transportation Vault found at the northwest cor |
| 17 | | ner of Section 8, Township 16 North, Range 3 East of the Th |
| 18 | | ird Principal Meridian per Monument Record recorded |
| 19 | | as Document 1894076 of the records aforesaid; thence, along |
| 20 | | bearings reference to the Illinois State Plane Coor |
| 21 | | dinate System, NAD83 (2011 Adjustment), East Zone, Nort |
| 22 | | h 89 degrees 06 minutes 39 seconds East 533.51 feet, a |
| 23 | | long the north line of the Northwest Quarter of said Sect |
| 24 | | ion 8, to the intersection of the northerly extension of the |
|
| | HB5501 | - 2661 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ender identifying language in the clerk's records, and the af |
| 2 | | fidavit and issuance shall be kept in the permanent records of th |
| 3 | | e clerk. The affidavit shall be create |
| 4 | | d by the county clerk, may appear on a combined form with the |
| 5 | | form under subsection (b), and shall be substantially as follows: REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE I, .........., state tha |
| 8 | | t I am a named spouse on a marriage license held in th |
| 9 | | is office, that I am still married to the other named spous |
| 10 | | e on that marriage license as of the date of this reque |
| 11 | | st, and hereby request the holder of this record provi |
| 12 | | de me, and only me, with a marriage certificate with any gender-identifying language removed or changed to "spouse". |
| 14 | | I affirm that this change is for purposes of this certi |
| 15 | | fied copy, the change will not be made to permanent rec |
| 16 | | ords, and a record of this request shall be held by t |
| 17 | | he holder of this marriage record. Date.......... Signature... |
| 20 | | ....... (b) If 2 parties currently |
| 21 | | married request a marriage certificate with gender identifier |
| 22 | | s changed, such as "bride" to "groom" or "groom" to "bride", |
| 23 | | both parties shall appear before the clerk, indicate consent, |
| 24 | | and complete an affidavit. If the clerk is technologically ab |
| 25 | | le and the parties desire, the change in gender is pe |
| 26 | | rmanent. The affidavit shall be create |
|
| | HB5501 | - 2662 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | d by the county clerk, may appear on a combined form with the |
| 2 | | form under subsection (a), and shall be substantially as follows: REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE We, ..........[Spouse A] and |
| 5 | | ..........[Spouse B], the still-married named persons on |
| 6 | | a marriage license held in this office as of the date of th |
| 7 | | is request, hereby request the holder of this re |
| 8 | | cord to provide a marriage certificate with gender-identif |
| 9 | | ying terms such as "bride" and "groom" changed as follows: ..........[Name of Spouse |
| 11 | | A] Bride, Groom, or Spouse (select one). ..........[Name of Spouse |
| 13 | | B] Bride, Groom, or Spouse (select one). We affirm that this chan |
| 15 | | ge is for purposes of this certified copy, and the |
| 16 | | change will not be made to permanent records, unless indica |
| 17 | | ted by selecting Yes or No (select one) and a record of thi |
| 18 | | s request shall be held by the holder of this marriage record. Date.......... Signature of Spouse A.......... Signature of Spouse B... |
| 22 | | ....... (c) If a county provides a certi |
| 23 | | fied record, photocopy, or reproduction of an original record |
| 24 | | in lieu of a summary data sheet, the county clerk shall w |
| 25 | | ork with the Department of Public Health to develop a new cert |
| 26 | | ificate that can be issued in lieu of a reproduction of the pri |
|
| | HB5501 | - 2664 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ection described on a Hope Card under Section 219.5, pro |
| 2 | | vided by the petitioner
or resp |
| 3 | | ondent.
(c) Any law enforcement officer |
| 4 | | may make an arrest without warrant if the
officer has reaso |
| 5 | | nable grounds to believe a defendant at liberty under
the |
| 6 | | provisions of subdivision (d)(1) or (d)(2) of Section 110- |
| 7 | | 10 of the Code of
Criminal Procedure of 1963 has violated a co |
| 8 | | ndition of
his or her bail bond or re |
| 9 | | cognizance.
(Source: P.A. 102-481, eff. 1-1-22.)
(Text of Section after amendment by P.A. 101-652)
Sec. 301. Arrest without warrant.
(a) Any law enforcement officer |
| 13 | | may
make an arrest without
warrant if the officer has probable |
| 14 | | cause to believe that the person has
committed or is committin |
| 15 | | g any crime, including but not limited to
violation of an |
| 16 | | order of protection, under Section 12-3.4 or 12-30 of the Cr |
| 17 | | iminal
Code of 1961 or the Criminal Code of 2012, even if the |
| 18 | | crime was not committed in the presence of the
o |
| 19 | | fficer.
(b) The law enforcement office |
| 20 | | r may verify the existence of an order of
protection by teleph |
| 21 | | one or radio communication with his or her law enforcement
age |
| 22 | | ncy or by referring to the copy of the order, or order of prot |
| 23 | | ection described on a Hope Card under Section 219.5, pro |
| 24 | | vided by the petitioner
or resp |
| 25 | | ondent.
(c) Any law enforcement officer |
|
| | HB5501 | - 2665 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | may make an arrest without warrant if the
officer has reaso |
| 2 | | nable grounds to believe a defendant at liberty under
the |
| 3 | | provisions of subdivision (d)(1) or (d)(2) of Section 110- |
| 4 | | 10 of the Code of
Criminal Procedure of 1963 has violated |
| 5 | | a condition of
his or her pretrial release or re |
| 6 | | cognizance.
(Source: P.A. 101-652, eff. 1-1-23; 102-481 |
| 7 | | , eff. 1-1-22; revised 10-14-21.)
Section 695. The Probate |
| 9 | | Act of 1975 is amended by changing Sections 11a-2, 11a-10, and 11a-17 as follows:
(755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)
Sec. 11a-2. "Person with a disability" defined.) "Person with a disability" means a person |
| 13 | |
18 years or older who (a) because of mental deterioration or |
| 14 | | physical
incapacity is not fully able to manage his person or |
| 15 | | estate, or (b) is a person
with mental illness or a p |
| 16 | | erson with a developmental disability and who becaus |
| 17 | | e
of his mental illness or developmental disability is no |
| 18 | | t fully able to manage
his person or estate, or (c) beca |
| 19 | | use of gambling, idleness, debauchery, or
excessive use o |
| 20 | | f intoxicants or drugs, so spends or wastes his estate as to
ex |
| 21 | | pose himself or his family to want or suffering, or (d) is di |
| 22 | | agnosed with fetal alcohol syndrome or fetal alcoh |
| 23 | | ol effects.
(Source: P.A. 99-143, eff. 7-27-15; revised 11-24-21.)
(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
Sec. 11a-10. Procedures preliminary to hearing.
(a) Upon the filing of a pe |
| 4 | | tition pursuant to Section 11a-8, the court shall
set a date and |
| 5 | | place for hearing to take place within 30 days. The court
s |
| 6 | | hall appoint a guardian ad litem to report to the court concer |
| 7 | | ning the
respondent's best interests consistent with the p |
| 8 | | rovisions of this Section,
except that
the appointment of a guar |
| 9 | | dian ad litem shall not be required when
the court determine |
| 10 | | s that such appointment is not necessary for the protect |
| 11 | | ion
of the respondent or a reasonably informed decision on the |
| 12 | | petition.
If the guardian ad litem is not a licensed at |
| 13 | | torney, he or she shall be
qualified,
by
training or experience |
| 14 | | , to work with or advocate for persons with developmental disab |
| 15 | | ilities, the mentally ill, persons with physical disabilitie |
| 16 | | s, the elderly, or persons with a disability due to mental d |
| 17 | | eterioration, depending on the type of disability that is
al |
| 18 | | leged in the petition.
The court may allow the guardian ad litem |
| 19 | | reasonable compensation. The
guardian ad litem may consult wit |
| 20 | | h a person who by training or experience is
qualified t |
| 21 | | o work with persons with a developmental disability, persons wi |
| 22 | | th
mental illness, persons with physical disabilities, or per |
| 23 | | sons with a disability due to
mental deterioration, depending |
| 24 | | on the type of disability that is alleged.
The guardian |
| 25 | | ad litem shall personally observe the respondent prior to th |
| 26 | | e
hearing and shall inform
him orally and in writing of the co |
|
| | HB5501 | - 2667 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ntents of the petition and of his rights, including providi |
| 2 | | ng a copy of the notice of rights required under subsection |
| 3 | | (e).
The guardian ad litem shall also attempt to elicit |
| 4 | | the respondent's position
concerning the adjudication o |
| 5 | | f disability, the proposed guardian, a proposed
change in resi |
| 6 | | dential placement, changes in care that might result from t |
| 7 | | he
guardianship, and other areas of inquiry deemed |
| 8 | | appropriate by the court.
Notwithstanding any provisio |
| 9 | | n in the Mental Health and Developmental Disabilities Confid |
| 10 | | entiality Act or any other law, a guardian ad litem shall hav |
| 11 | | e the right to inspect and copy any medical or mental healt |
| 12 | | h record of the respondent which the guardian ad litem deems ne |
| 13 | | cessary, provided that the information so disclosed shall not |
| 14 | | be utilized for any other purpose nor be redisclosed exc |
| 15 | | ept in connection with the proceedings. At or before the hear |
| 16 | | ing, the guardian ad litem shall file a written report
detaili |
| 17 | | ng his or her observations of the respondent, the responses o |
| 18 | | f the
respondent to any of the inquiries detailed in this S |
| 19 | | ection, the opinion of the
guardian
ad litem or other p |
| 20 | | rofessionals with whom the guardian ad litem consulted
concern |
| 21 | | ing the appropriateness of guardianship, and any other materi |
| 22 | | al issue
discovered by the guardian ad litem. The guardian ad |
| 23 | | litem shall appear at the
hearing and testify as to any issu |
| 24 | | es presented in his or her |
| 25 | | report.
(b) The court (1) may appoint c |
| 26 | | ounsel for the respondent, if the court finds
that the interests |
|
| | HB5501 | - 2668 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | of the respondent will be best served by the appointment,
and |
| 2 | | (2) shall appoint counsel upon the respondent's request or |
| 3 | | if the respondent
takes a position adverse to that of t |
| 4 | | he guardian ad litem. The respondent
shall be permitted to |
| 5 | | obtain the appointment of counsel either at the hearing
or by a |
| 6 | | ny written or oral request communicated to the court prior to |
| 7 | | the
hearing. The summons shall inform the respondent of this |
| 8 | | right to obtain
appointed counsel. The court may allow |
| 9 | | counsel for the respondent reasonable
compen |
| 10 | | sation.
(c) The allocation of guardian |
| 11 | | ad litem fees and costs is within the discretion of the court |
| 12 | | . No legal fees, appointed counsel fees, guardian ad lit |
| 13 | | em fees, or costs shall be assessed against the Office of the |
| 14 | | State Guardian, the public guardian, an adult protective servi |
| 15 | | ces agency, the Department of Children and Family Services, o |
| 16 | | r the agency designated by the Governor under Section 1 of t |
| 17 | | he Protection and Advocacy for Persons with Developmental Disabiliti |
| 18 | | es Act.
(d) The hearing may be held at su |
| 19 | | ch convenient place as the court directs,
including at a facili |
| 20 | | ty in which the respondent r |
| 21 | | esides.
(e) Unless he is the petitione |
| 22 | | r, the respondent shall be personally
served with a copy of the |
| 23 | | petition and a summons not less than 14 days
before the hea |
| 24 | | ring.
The summons shall be printed in large, bold type and shall include the
fol |
| 25 | | lowing:
NOTICE OF RIGHTS OF RESPONDEN |
| 26 | | T
You have been named as a re |
|
| | HB5501 | - 2669 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | spondent in a guardianship petition asking that
you b |
| 2 | | e declared a person with a disability. If the court grants the |
| 3 | | petition, a
guardian will be appointed for you. A copy of th |
| 4 | | e guardianship petition is
attached for your convenie |
| 5 | | nce.
The date an |
| 6 | | d time of the hearing are:
The place where |
| 7 | | the hearing will occur is:
The Judge's name and phone number is:
If a guardian is appointed fo |
| 9 | | r you, the guardian may be given the right to
make all
import |
| 10 | | ant personal decisions for you, such as where you may live, what |
| 11 | | medical
treatment you may receive, what places you may visit, |
| 12 | | and who may visit you. A
guardian may also be given the right |
| 13 | | to control and manage your money and other
property, including y |
| 14 | | our home, if you own one. You may lose the right to make
these decisions for yo |
| 15 | | urself.
You have the following legal rights:
(1) You have the right |
| 17 | | to be present at the court hearing.
(2) You have the right to b |
| 19 | | e represented by a lawyer, either one that you
retain, or one appointed by the Judge.
(3) You have the right to ask |
| 21 | | for a jury of six persons to hear your case.
(4) You have the right |
| 23 | | to present evidence to the court and to confront
and
cross-examine witnesses.
(5) You have the right to a |
| 25 | | sk the Judge to appoint an independent expert
to exami |
| 26 | | ne you and give an opinion about your need for a guardian.
(6) You have the right to ask |
| 2 | | that the court hearing be closed to the
public.
(7) You have the right |
| 4 | | to tell the court whom you prefer to have for your
guardian.
(8) You have the right t |
| 6 | | o ask a judge to find that although you lack some |
| 7 | | capacity to make your own decisions, you can make other d |
| 8 | | ecisions, and therefore it is best for the court to appoi |
| 9 | | nt only a limited guardian f |
| 10 | | or you. You do not have to attend the c |
| 11 | | ourt hearing if you do not want to be there.
If you do not atten |
| 12 | | d, the Judge may appoint a guardian if the Judge finds that
a gu |
| 13 | | ardian would be of benefit to you. The hearing will not be postp |
| 14 | | oned or
canceled if you do not attend. If you are unable to at |
| 15 | | tend the hearing in person or you will suffer harm if you atten |
| 16 | | d, the Judge can decide to hold the hearing at a place that is |
| 17 | | convenient. The Judge can also follow the rule of the Supreme C |
| 18 | | ourt of this State, or its local equivalent, and decid |
| 19 | | e if a video conference is approp |
| 20 | | riate.
IT IS VERY IMPORTANT THAT YOU AT |
| 21 | | TEND THE HEARING IF YOU DO NOT WANT A
GUARDIAN OR IF YOU W |
| 22 | | ANT SOMEONE OTHER THAN THE PERSON NAMED IN THE GUARDIANSHIP
PETI |
| 23 | | TION TO BE YOUR GUARDIAN. IF YOU DO NOT WANT A GUARDIA |
| 24 | | N OR IF YOU HAVE ANY
OTHER PROBLEMS, YOU SHOULD CONTACT AN ATT |
| 25 | | ORNEY OR COME TO COURT AND TELL THE |
| 26 | |
JUDGE.
Service of summons and the |
|
| | HB5501 | - 2671 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | petition may be made by a private person 18
years
of
age or |
| 2 | | over who is not a party to the |
| 3 | | action.
[END OF FORM] . (f) Notice of the time and pla |
| 5 | | ce of the hearing shall be given by the
petitioner by mail or i |
| 6 | | n person to those persons, including the proposed
guardian, |
| 7 | | whose names and addresses
appear in the petition and who do |
| 8 | | not waive notice, not less than 14 days
before th |
| 9 | | e hearing.
(Source: P.A. 102-72, eff. 1-1-22; 102-191 |
| 10 | | , eff. 1-1-22; revised 9-22-21.)
(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
Sec. 11a-17. Duties of personal guardian.
(a) To the extent ordered |
| 14 | | by the court and under the direction of the
court, the guardia |
| 15 | | n of the person shall have custody of the ward and the
ward's |
| 16 | | minor and adult dependent children and shall procure for the |
| 17 | | m and shall
make provision for their support, care, comf |
| 18 | | ort, health, education and
maintenance, and professional servic |
| 19 | | es as are appropriate, but the ward's
spouse may not be d |
| 20 | | eprived of the custody and education of the ward's minor
and |
| 21 | | adult dependent children, without the consent of the spouse, u |
| 22 | | nless the
court finds that the spouse is not a fit and com |
| 23 | | petent person to have that
custody and education. The guardia |
| 24 | | n shall assist the ward in the
development of maximum self-reli |
| 25 | | ance and independence. The guardian of the
person may petit |
|
| | HB5501 | - 2672 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ion the court for an order directing the guardian of t |
| 2 | | he
estate to pay an amount periodically for the provision of |
| 3 | | the services
specified by the court order. If the ward's |
| 4 | | estate is insufficient to
provide for education and the gua |
| 5 | | rdian of the ward's person fails to
provide education, the cour |
| 6 | | t may award the custody of the ward to some
other person fo |
| 7 | | r the purpose of providing education. If a person makes a
se |
| 8 | | ttlement upon or provision for the support or education of a w |
| 9 | | ard, the
court may make an order for the visitation of the war |
| 10 | | d by the person making
the settlement or provision as the cour |
| 11 | | t deems proper. A guardian of the person may not admit a ward t |
| 12 | | o a mental health facility except at the ward's request as pro |
| 13 | | vided in Article IV of the Mental Health and Developmental Di |
| 14 | | sabilities Code and unless the ward has the capacity to co |
| 15 | | nsent to such admission as provided in Article IV of the Menta |
| 16 | | l Health and Developmental Disabilities |
| 17 | | Code.
(a-3) If a guardian of an esta |
| 18 | | te has not been appointed, the guardian of the person may, |
| 19 | | without an order of court, open, maintain, and transfer f |
| 20 | | unds to an ABLE account on behalf of the ward and the ward's |
| 21 | | minor and adult dependent children as specified under |
| 22 | | Section 16.6 of the State Treasur |
| 23 | | er Act. (a-5) If the ward filed a p |
| 24 | | etition for dissolution of marriage under the
Illinois
M |
| 25 | | arriage and Dissolution of Marriage Act before the ward was a |
| 26 | | djudicated a
person with a disability under this Article, |
|
| | HB5501 | - 2673 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | the guardian of the ward's person and estate may
maintain that |
| 2 | |
action for
dissolution of marriage on behalf of the ward. Upo |
| 3 | | n petition by the guardian of the ward's person or estate, t |
| 4 | | he court may authorize and direct a guardian of the ward's |
| 5 | | person or estate to file a petition for dissolution of marriage |
| 6 | | or to file a petition for legal separation or declaration |
| 7 | | of invalidity of marriage under the Illinois Marriage and Diss |
| 8 | | olution of Marriage Act on behalf of the ward if the court fin |
| 9 | | ds by clear and convincing evidence that the relief so |
| 10 | | ught is in the ward's best interests. In making its dete |
| 11 | | rmination, the court shall consider the standards set forth |
| 12 | | in subsection (e) of this |
| 13 | | Section. (a-10) Upon petition by the gua |
| 14 | | rdian of the ward's person or estate, the court may authorize an |
| 15 | | d direct a guardian of the ward's person or estate to consent, |
| 16 | | on behalf of the ward, to the ward's marriage pursuant |
| 17 | | to Part II of the Illinois Marriage and Dissolution of Marriage |
| 18 | | Act if the court finds by clear and convincing evidence t |
| 19 | | hat the marriage is in the ward's best interests. In making it |
| 20 | | s determination, the court shall consider the standards set |
| 21 | | forth in subsection (e) of this Section. Upon presentation of |
| 22 | | a court order authorizing and directing a guardian of the w |
| 23 | | ard's person and estate to consent to the ward's marriage, the |
| 24 | | county clerk shall accept the guardian's application, ap |
| 25 | | pearance, and signature on behalf of the ward for purposes of |
| 26 | | issuing a license to marry under Section 203 of the Illinois M |
|
| | HB5501 | - 2674 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | arriage and Dissolution of Marriag |
| 2 | | e Act.
(b) If the court directs, the gu |
| 3 | | ardian of the person shall file
with the court at intervals |
| 4 | | indicated by the court, a report that
shall state briefl |
| 5 | | y: (1) the current mental, physical, and social
condition |
| 6 | | of the ward and the ward's minor and adult dependent children |
| 7 | | ; (2)
their present living arrangement, and a descriptio |
| 8 | | n and the address of
every residence where they lived during th |
| 9 | | e reporting period and the length
of stay at each place; (3) |
| 10 | | a summary of the medical, educational,
vocational, and other p |
| 11 | | rofessional services given to them; (4) a resume of
the |
| 12 | | guardian's visits with and activities on behalf of the ward and |
| 13 | | the ward's
minor and adult dependent children; (5) a recomme |
| 14 | | ndation as to the need for
continued guardianship; (6) any othe |
| 15 | | r information requested by the court or
useful in the opinion o |
| 16 | | f the guardian. The Office of the State Guardian
shall assist |
| 17 | | the guardian in filing the report when requested by the
guardian |
| 18 | | . The court may take such action as it deems appropriate pursuant
to the |
| 19 | | report.
(c) Absent court order pursuan |
| 20 | | t to the Illinois Power of Attorney Act
directing a guardian |
| 21 | | to exercise powers of the principal under an agency
tha |
| 22 | | t survives disability, the guardian has no power, duty, or lia |
| 23 | | bility
with respect to any personal or health care matters c |
| 24 | | overed by the agency.
This subsection (c) applies to all agenc |
| 25 | | ies, whenever and wherever ex |
| 26 | | ecuted.
(d) A guardian acting as a surr |
|
| | HB5501 | - 2675 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ogate decision maker under the Health
Care Surrogate Act shal |
| 2 | | l have all the rights of a surrogate under that Act
without |
| 3 | | court order including the right to make medical treatment deci |
| 4 | | sions
such as decisions to forgo or withdraw life-sustaining t |
| 5 | | reatment.
Any decisions by the guardian to forgo or withdraw life-sustaining treatment
that are not authorized under the |
| 7 | | Health Care Surrogate Act shall require a
court order. Not |
| 8 | | hing in this Section shall prevent an agent acting under a
po |
| 9 | | wer of attorney for health care from exercising his or her au |
| 10 | | thority under
the Illinois Power of Attorney Act without fur |
| 11 | | ther court order, unless a court
has acted under Section 2-1 |
| 12 | | 0 of the Illinois Power of Attorney Act. If a
guardian is also a |
| 13 | | health care agent for the ward under a valid power of
att |
| 14 | | orney for health care, the guardian acting as agent may ex |
| 15 | | ecute his or her
authority under that act without further court |
| 16 | | order.
(e) Decisions made by a guardian |
| 17 | | on behalf of a ward shall be made in
accordance with t |
| 18 | | he following
standards for decision making. The guardian |
| 19 | | shall consider the ward's current preferences to the extent t |
| 20 | | he ward has the ability to participate in decision making |
| 21 | | when those preferences are known or reasonably ascertainable |
| 22 | | by the guardian. Decisions by the guardian shall con |
| 23 | | form to the ward's current preferences:
(1) unless the guardia |
| 24 | | n reasonably believes that doing
so would result in subs |
| 25 | | tantial harm to the ward's welfare or personal or financial inte |
| 26 | | rests; and
(2) so long as such decisions give substantial w |
|
| | HB5501 | - 2676 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | eight to what the ward, if
competent, would have |
| 2 | | done or intended under the circumstances, taking into
account e |
| 3 | | vidence that includes, but is not limited to, the ward' |
| 4 | | s personal,
philosophical, religious and moral beliefs, and |
| 5 | | ethical values relative to the
decision to be made by the gua |
| 6 | | rdian. Where possible, the guardian shall
determine how |
| 7 | | the ward would have made a decision based on the ward's
previou |
| 8 | | sly expressed preferences, and make decisions in accordance w |
| 9 | | ith the
preferences of the ward. If the ward's wishes are |
| 10 | | unknown and remain unknown
after reasonable efforts to discer |
| 11 | | n them, or if the guardian reasonably believes that a decisi |
| 12 | | on made in conformity with the ward's preferences would result |
| 13 | | in substantial harm to the ward's welfare or personal o |
| 14 | | r financial interests, the decision shall be made on th |
| 15 | | e
basis of the ward's best interests as determined by the gu |
| 16 | | ardian. In
determining the ward's best interests, the guardian |
| 17 | | shall weigh the reason for
and nature of the proposed action, t |
| 18 | | he benefit or necessity of the action, the
possible risks and |
| 19 | | other consequences of the proposed action, and any availa |
| 20 | | ble
alternatives and their risks, consequences and benefits, a |
| 21 | | nd shall take into
account any other information, includi |
| 22 | | ng the views of family and friends, that
the guardian be |
| 23 | | lieves the ward would have considered if able to act for herself
or h |
| 24 | | imself.
(f) Upon petition by any intere |
| 25 | | sted person (including the standby or
short-term guar |
| 26 | | dian), with such notice to interested persons as the court
di |
|
| | HB5501 | - 2677 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | rects and a finding by the court that it is in the best inte |
| 2 | | rests of the
person with a disability, the court may terminate |
| 3 | | or limit the authority of a standby or
short-term guardi |
| 4 | | an or may enter such other orders as the court deems necessa |
| 5 | | ry
to provide for the best interests of the person with a dis |
| 6 | | ability. The petition
for termination or limitation of the |
| 7 | | authority of a standby or short-term
guardian may, but ne |
| 8 | | ed not, be combined with a petition to have another
guardia |
| 9 | | n appointed for the person with a dis |
| 10 | | ability. (g)(1) Unless there is a court |
| 11 | | order to the contrary, the guardian, consistent with |
| 12 | | the standards set forth in subsection (e) of this Section, sh |
| 13 | | all use reasonable efforts to notify the ward's known adult ch |
| 14 | | ildren, who have requested notification and provided contact |
| 15 | | information, of the ward's admission to a hospital, hospice, o |
| 16 | | r palliative care program, the ward's death, and the arrangeme |
| 17 | | nts for the disposition of the ward's remains. (2) If a guardian unreasonabl |
| 19 | | y prevents an adult child, spouse, adult grandchild, parent, or |
| 20 | | adult sibling of the ward from visiting the ward, the court, |
| 21 | | upon a verified petition, may order the guardian to permit v |
| 22 | | isitation between the ward and the adult child, spouse, ad |
| 23 | | ult grandchild, parent, or adult sibling. In making its dete |
| 24 | | rmination, the court shall consider the standards set forth |
| 25 | | in subsection (e) of this Section. The court shall not all |
| 26 | | ow visitation if the court finds that the ward has capacity t |
|
| | HB5501 | - 2679 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a revocable or irrevocable trust, a trust created under a w |
| 2 | | ill or under a transfer on death instrument; a partnership; a |
| 3 | | limited liability company; an association; a joint ventur |
| 4 | | e; a public corporation; a government or governmental |
| 5 | | subdivision; an agency; an instrumentality; a guardian; a cus |
| 6 | | todian designated or to be designated under any state's unifor |
| 7 | | m transfers to minors act; or any other legal entity. inter vivos "Real property" means an int |
| 9 | | erest in realty located in this State capable of being trans |
| 10 | | ferred on the death of th |
| 11 | | e owner. "Residential real estate" me |
| 12 | | ans real property improved with not less than one nor more t |
| 13 | | han 4 residential dwelling units; a residential condomini |
| 14 | | um unit, including but not limited to the common elements allo |
| 15 | | cated to the exclusive use thereof that form an integral part o |
| 16 | | f the condominium unit and any parking unit or units specifie |
| 17 | | d by the declaration to be allocated to a specific resident |
| 18 | | ial condominium unit; or a single tract of agriculture real est |
| 19 | | ate consisting of 40 acres or less which is improved with a sin |
| 20 | | gle family residence. If a declaration of condominium ownership |
| 21 | | provides for individually owned and transferable parkin |
| 22 | | g units, "residential real estate" does not include the |
| 23 | | parking unit of a specific residential condominium unit |
| 24 | | unless the parking unit is included in the legal descrip |
| 25 | | tion of the property being transferred by a transfer on death inst |
| 26 | | rument. "Transfer on death instr |
|
| | HB5501 | - 2680 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ument" means an instrument authorized under |
| 2 | | this Act.
(Source: P.A. 102-68, eff. 1-1-22; 102-558, |
| 3 | | eff. 8-20-21; revised 10-12-21.)
Section 705. The Illinois Power o |
| 5 | | f Attorney Act is amended by changing Sections 4-6 and 4-10 as follows:
(755 ILCS 45/4-6) (from Ch. 110 1/2, par. 804-6)
Sec. 4-6. Revocation an |
| 8 | | d amendment of health care agencies.
(a) Unless the principal e |
| 10 | | lects a delayed revocation period pursuant to subsection (a-5) |
| 11 | | , every health care agency may be revoked by the principal at a |
| 12 | | ny
time, without regard to the principal's mental or physica |
| 13 | | l condition, by
any of the following methods:
1. By being obliterated, burnt, torn, or otherwise destroyed or defaced
in a mann |
| 16 | | er indicating intention to revoke;
2. By a written revocatio |
| 18 | | n of the agency signed and dated by the
principal or pers |
| 19 | | on acting at the direction of the principal, regardl |
| 20 | | ess of whether the written revocation is in an electronic or hard copy format;
3. By an oral or any other e |
| 22 | | xpression of the intent to revoke the agency
in the presenc |
| 23 | | e of a witness 18 years of age or older who signs and dates |
| 24 | | a
writing confirming that such expression of intent was made; or
4. For an electronic healt |
| 2 | | h care agency, by deleting in a manner indicating t |
| 3 | | he intention to revoke. An electronic health |
| 4 | | care agency may be revoked electronically using a generic, techn |
| 5 | | ology-neutral system in which each user is assigned a |
| 6 | | unique identifier that is securely maintained and |
| 7 | | in a manner that meets the regulatory requirements f |
| 8 | | or a digital or electronic signature. Compliance with th |
| 9 | | e standards defined in the Uniform Electronic Transactio |
| 10 | | ns Act or the implementing rules of the Hospital Licens |
| 11 | | ing Act for medical record entry authentication fo |
| 12 | | r author validation of the documentation, content accura |
| 13 | | cy, and completeness meets this s |
| 14 | | tandard. (a-5) A principal may elect a |
| 15 | | 30-day delay of the revocation of the principal' |
| 16 | | s health care agency. If a principal makes this election, |
| 17 | | the principal's revocation shall be delayed for 30 days after |
| 18 | | the principal communicates his or her intent to |
| 19 | | revoke. (b) Every health care agency may |
| 20 | | be amended at any time by a written
amendment signed and |
| 21 | | dated by the principal or person acting at the
direction of the pri |
| 22 | | ncipal.
(c) Any person, other than the a |
| 23 | | gent, to whom a revocation or amendment is
communicated o |
| 24 | | r delivered shall make all reasonable efforts to inform |
| 25 | | the
agent of that fact as promptly a |
| 26 | | s possible.
(Source: P.A. 101-163, eff. 1-1-20; 102-38, |
|
| | HB5501 | - 2682 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | eff. 6-25-21; 102-181, eff. 7-30-21; revised 9-22-21.)
(755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
Sec. 4-10. Statutory short |
| 4 | | form power of attorney for health care.
(a) The form prescribed in th |
| 6 | | is Section (sometimes also referred to in this Act as the
"sta |
| 7 | | tutory health care power") may be used to grant an agent |
| 8 | | powers with
respect to the principal's own health care; but |
| 9 | | the statutory health care
power is not intended to be exclusi |
| 10 | | ve nor to cover delegation of a parent's
power to control |
| 11 | | the health care of a minor child, and no provision of this
Art |
| 12 | | icle shall be construed to invalidate or bar use by the |
| 13 | | principal of any
other or
different form of power of |
| 14 | | attorney for health care. Nonstatutory health
care powe |
| 15 | | rs must be
executed by the principal, designate the agent a |
| 16 | | nd the agent's powers, and
comply with the limitations in Section |
| 17 | | 4-5 of this Article, but they need not be witnessed or
co |
| 18 | | nform in any other respect to the statutory health care power. No specific format is require |
| 20 | | d for the statutory health care power of attorney other than t |
| 21 | | he notice must precede the form. The statutory health care p |
| 22 | | ower may be included in or
combined with any
other form of p |
| 23 | | ower of attorney governing property or other m |
| 24 | | atters.
The signature and execution requ |
| 25 | | irements set forth in this Article are satisfied by: (i) writt |
|
| | HB5501 | - 2683 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | en signatures or initials; or (ii) electronic signatures or computer |
| 2 | | -generated signature codes. Electronic documents unde |
| 3 | | r this Act may be created, signed, or revoked elect |
| 4 | | ronically using a generic, technology-neutral system in whi |
| 5 | | ch each user is assigned a unique identifier that is securely |
| 6 | | maintained and in a manner that meets the regulatory req |
| 7 | | uirements for a digital or electronic signature. Compliance wit |
| 8 | | h the standards defined in the Uniform Electronic Transactio |
| 9 | | ns Act or the implementing rules of the Hospital Licensing Ac |
| 10 | | t for medical record entry authentication for author valida |
| 11 | | tion of the documentation, content accuracy, and completeness meets this st |
| 12 | | andard. (b) The Illinois Statutory Sh |
| 13 | | ort Form Power of Attorney for Health Care shall be substantially as follows:
NOTICE TO THE INDIVIDUAL SIGNING |
| 15 | | THE POWER OF ATTORNEY FOR HEALTH CAR |
| 16 | | E No one can predict when a s |
| 17 | | erious illness or accident might occur. When it does, you may |
| 18 | | need someone else to speak or make health care decisions for you. |
| 19 | | If you plan now, you can increase the chances that the medi |
| 20 | | cal treatment you get will be the treatment y |
| 21 | | ou want. In Illinois, you can choose |
| 22 | | someone to be your "health care agent". Your agent is the perso |
| 23 | | n you trust to make health care decisions for you if you are una |
| 24 | | ble or do not want to make them yourself. These decisio |
| 25 | | ns should be based on your personal values and |
|
| | HB5501 | - 2684 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | wishes. It is important to put your choic |
| 2 | | e of agent in writing. The written form is often called an "a |
| 3 | | dvance directive". You may use this form or another form, as |
| 4 | | long as it meets the legal requirements of Illinois. There are many written and on |
| 5 | | line on-line resources to guide you and y |
| 6 | | our loved ones in having a conversation about these issues. |
| 7 | | You may find it helpful to look at these resources while thi |
| 8 | | nking about and discussing your advance directive.
WHAT ARE THE THINGS I WANT MY |
| 10 | | HEALTH CARE AGENT TO KNOW |
| 11 | | ? The selection of your |
| 12 | | agent should be considered carefully, as your ag |
| 13 | | ent will have the ultimate decision-making authority once this |
| 14 | | document goes into effect, in most instances after you are no lo |
| 15 | | nger able to make your own decisions. While the goal is for yo |
| 16 | | ur agent to make decisions in keeping with your preferen |
| 17 | | ces and in the majority of circumstances that is what happens |
| 18 | | , please know that the law does allow your agent to make dec |
| 19 | | isions to direct or refuse health care interventions or withd |
| 20 | | raw treatment. Your agent will need to think about conver |
| 21 | | sations you have had, your personality, and how you handled im |
| 22 | | portant health care issues in the past. Therefore, it is importa |
| 23 | | nt to talk with your agent and your family about such things as: (i) What is most important to you in your life? (ii) How important is i |
|
| | HB5501 | - 2686 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ians and other health care providers about your condition. (ii) see medical records an |
| 3 | | d approve who else can see them. (iii) give permission for |
| 5 | | medical tests, medicines, surgery, or other treatments. (iv) choose where |
| 7 | | you receive care and which physicians and others provide it. (v) decide to accept, withd |
| 9 | | raw, or decline treatments designed to keep you alive if |
| 10 | | you are near death or not likely to recover. You may ch |
| 11 | | oose to include guidelines and/or restrictions to your agent's authority. (vi) agree or decline to |
| 13 | | donate your organs or your whole body if you have not |
| 14 | | already made this decision yourself. This could includ |
| 15 | | e donation for transplant, research, and/or education. You |
| 16 | | should let your agent know whether you are registered as a |
| 17 | | donor in the First Person Consent registry maintained by |
| 18 | | the Illinois Secretary of State or whether you have agreed |
| 19 | | to donate your whole body for medical research and/or education. (vii) decide what to do w |
| 21 | | ith your remains after you have died, if you have not already made plans. (viii) talk with your other |
| 23 | | loved ones to help come to a decision (but your designated |
| 24 | | agent will have the final say over your other loved ones). Your agent is not automati |
| 26 | | cally responsible for your health care expenses.
WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT |
| 2 | | ? You can pick a family member, bu |
| 3 | | t you do not have to. Your agent will have the responsibility |
| 4 | | to make medical treatment decisions, even if other people |
| 5 | | close to you might urge a different decision. The selection of |
| 6 | | your agent should be done carefully, as he or she will have ulti |
| 7 | | mate decision-making authority for your treatment decisi |
| 8 | | ons once you are no longer able to voice your preferences |
| 9 | | . Choose a family member, friend, or other person who: (i) is at least 18 years old; (ii) knows you well; (iii) you trust to do w |
| 13 | | hat is best for you and is willing to carry out your wishes, |
| 14 | | even if he or she may not agree with your wishes; (iv) would be comfortable ta |
| 16 | | lking with and questioning your physicians and other health care providers; (v) would not be too upset t |
| 18 | | o carry out your wishes if you became very sick; and (vi) can be there for y |
| 20 | | ou when you need it and is willing to accept this important role.
WHAT IF MY AGENT IS NOT AVAILABLE OR IS |
| 22 | | UNWILLING TO MAKE DECISIONS FOR ME |
| 23 | | ? If the person who is your first |
| 24 | | choice is unable to carry out this role, then the second age |
|
| | HB5501 | - 2688 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | nt you chose will make the decisions; if your second agent |
| 2 | | is not available, then the third agent you chose will make the |
| 3 | | decisions. The second and third agents are called your |
| 4 | | successor agents and they function as back-up agents to your |
| 5 | | first choice agent and may act only one at a time and in the order you list them.
WHAT WILL HAPPEN IF I DO NOT |
| 7 | | CHOOSE A HEALTH CARE AGENT |
| 8 | | ? If you become unable to |
| 9 | | make your own health care decisions and have not named |
| 10 | | an agent in writing, your physician and other health care p |
| 11 | | roviders will ask a family member, friend, or guardian to |
| 12 | | make decisions for you. In Illinois, a law directs which of |
| 13 | | these individuals will be consulted. In that law, each of the |
| 14 | | se individuals is called a "surr |
| 15 | | ogate". There are reasons why you may wa |
| 16 | | nt to name an agent rather than rely on a surrogate: (i) The person or people lis |
| 18 | | ted by this law may not be who you would want to make decisions for you. (ii) Some family members or |
| 20 | | friends might not be able or willing to make decisions as you would want them to. (iii) Family members and fri |
| 22 | | ends may disagree with one another about the best decisions. (iv) Under some circumstanc |
| 24 | | es, a surrogate may not be able to make the same kinds of d |
| 25 | | ecisions that an agent can make.
WHAT IF THERE IS NO ONE AVAILABLE |
| 2 | | WHOM I TRUST TO BE MY AGENT? In this situation, it is espec |
| 4 | | ially important to talk to your physician and other health |
| 5 | | care providers and create written guidance about what you wa |
| 6 | | nt or do not want, in case you are ever critically ill a |
| 7 | | nd cannot express your own wishes. You can complete a living will |
| 8 | | . You can also write your wishes down and/or discuss them wi |
| 9 | | th your physician or other health care provider and ask him |
| 10 | | or her to write it down in your chart. You might also want to use written or on |
| 11 | | line on-line resources to guide you through this process.
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT |
| 13 | | ? Follow these instructions af |
| 14 | | ter you have completed the form: (i) Sign the form in front o |
| 16 | | f a witness. See the form for a list of who can and cannot witness it. (ii) Ask the witness to sign it, too. (iii) There is no need to have the form notarized. (iv) Give a copy to your |
| 20 | | agent and to each of your successor agents. (v) Give another copy to your physician. (vi) Take a copy with you when you go to the hospital. (vii) Show it to your fam |
| 24 | | ily and friends and others who care for you.
WHAT IF I CHANGE MY MIND |
| 2 | | ? You may change your mind at |
| 3 | | any time. If you do, tell someone who is at least 18 years old |
| 4 | | that you have changed your mind, and/or destroy your docum |
| 5 | | ent and any copies. If you wish, fill out a new form and make |
| 6 | | sure everyone you gave the old form to has a copy of the n |
| 7 | | ew one, including, but not limited to, your agents and y |
| 8 | | our physicians. If you are concerned you may revoke your power |
| 9 | | of attorney at a time when you may need it the most, you may ini |
| 10 | | tial the box at the end of the form to indicate that you would l |
| 11 | | ike a 30-day waiting period after you voice your inte |
| 12 | | nt to revoke your power of attorney. This means if your agent i |
| 13 | | s making decisions for you during that time, your agent can con |
| 14 | | tinue to make decisions on your behalf. This election is purel |
| 15 | | y optional, and you do not have to choose it. If you do not c |
| 16 | | hoose this option, you can change your mind and revoke the power of attorney at any time.
WHAT IF I DO NOT WANT TO USE THIS FORM |
| 18 | | ? In the event you do not want to |
| 19 | | use the Illinois statutory form provided here, any document you |
| 20 | | complete must be executed by you, designate an agent who is ov |
| 21 | | er 18 years of age and not prohibited from serving as your ag |
| 22 | | ent, and state the agent's powers, but it need not be witness |
| 23 | | ed or conform in any other respect to the statutory health care power. If you have questions about th |
|
| | HB5501 | - 2692 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | I request the person(s) I name below to be my successor heal |
| 2 | | th care agent(s). Only one person at a time can serve as my agen |
| 3 | | t (add another page if you want to add more successor agent nam |
| 4 | | es):......................................................... (Successor agent #1 name, address and phone num |
| 6 | | ber)......................................................... (Successor agent #2 name, address and phone numb |
| 8 | | er)
MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING: (i) Deciding to accept, withdraw, or decline treatment for any physical or mental co |
| 11 | | ndition of mine, including life-and-death decisions. (ii) Agreeing to admit me t |
| 13 | | o or discharge me from any hospital, home, or other insti |
| 14 | | tution, including a mental health facility. (iii) Having complete acces |
| 16 | | s to my medical and mental health records, and sharing t |
| 17 | | hem with others as needed, including after I die. (iv) Carrying out the plan |
| 19 | | s I have already made, or, if I have not done so, making |
| 20 | | decisions about my body or remains, including organ, tiss |
| 21 | | ue or whole body donation, autopsy, cremation, and |
| 22 | | burial. The above grant of power is |
| 23 | | intended to be as broad as possible so that my agent will have |
| 24 | | the authority to make any decision I could make to obtain or te |
| 25 | | rminate any type of health care, including withdrawal of n |
|
| | HB5501 | - 2694 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | reatments may include tube feedings or fluids through a tub |
| 2 | | e, breathing machines, and CPR. In general, in m |
| 3 | | aking decisions concerning life-sustaining treatment, y |
| 4 | | our agent is instructed to consider the relief of suffering, |
| 5 | | the quality as well as the possible extension of your life, and |
| 6 | | your previously expressed wishes. Your agent will weigh the |
| 7 | | burdens versus benefits of proposed treatments in making decisions on your |
| 8 | | behalf. Additional statements con |
| 9 | | cerning the withholding or removal of life-sustaining treat |
| 10 | | ment are described below. These can serve as a guide for your a |
| 11 | | gent when making decisions for you. Ask your physician or health |
| 12 | | care provider if you have any questions about these statement |
| 13 | | s.
SELECT ONLY ONE STATEMENT BELO |
| 14 | | W THAT BEST EXPRESSES YOUR WISHES (optional): .... The quality of my life |
| 16 | | is more important than the length of my life. If I am un |
| 17 | | conscious and my attending physician believes, in accordan |
| 18 | | ce with reasonable medical standards, that I will not wake u |
| 19 | | p or recover my ability to think, communicate with |
| 20 | | my family and friends, and experience my surroundings, I |
| 21 | | do not want treatments to prolong my life or delay my death |
| 22 | | , but I do want treatment or care to make me comfortable and to relieve me of pain. .... Staying alive is more impo |
| 24 | | rtant to me, no matter how sick I am, how much I am |
| 25 | | suffering, the cost of the procedures, or how unlikely my c |
|
| | HB5501 | - 2696 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | PORTION: I am at least 18 years old. |
| 2 | | (check one of the options below): .... I saw the principal sign this document, or .... the principal told me tha |
| 5 | | t the signature or mark on the principal signature line is his o |
| 6 | | r hers. I am not the agent or succes |
| 7 | | sor agent(s) named in this document. I am not related to the pr |
| 8 | | incipal, the agent, or the successor agent(s) by blood, marri |
| 9 | | age, or adoption. I am not the principal's physician, advanced |
| 10 | | practice registered nurse, dentist, podiatric physician, optom |
| 11 | | etrist, psychologist, or a relative of one of those individ |
| 12 | | uals. I am not an owner or operator (or the relative of an |
| 13 | | owner or operator) of the health care facility where the |
| 14 | | principal is a patien |
| 15 | | t or resident.Witness printed n |
| 16 | | ame:.............................................Witness addr |
| 17 | | ess:...........................................Witness signat |
| 18 | | ure:......................Today's date:................................................
|
| 19 | |
(c) The statutory short form po |
| 20 | | wer of attorney for health care (the
"statutory health care po |
| 21 | | wer") authorizes the agent to make any and all
health care |
| 22 | | decisions on behalf of the principal which the principal could |
| 23 | |
make if present and under no disability, subject to any |
| 24 | | limitations on the
granted powers that appear on the face of th |
| 25 | | e form, to be exercised in such
manner as the agent deems cons |
|
| | HB5501 | - 2697 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | istent with the intent and desires of the
principal. The agen |
| 2 | | t will be under no duty to exercise granted powers |
| 3 | | or
to assume control of or responsibility for the princip |
| 4 | | al's health care;
but when granted powers are exercised, the |
| 5 | | agent will be required to use
due care to act for the b |
| 6 | | enefit of the principal in accordance with the
terms of the s |
| 7 | | tatutory health care power and will be liable
for negligent exerci |
| 8 | | se. The agent may act in person or through others
reasonably |
| 9 | | employed by the agent for that purpose
but may not delegat |
| 10 | | e authority to make health care decisions. The agen |
| 11 | | t
may sign and deliver all instruments, negotiate and enter into all
agreements, and do all other acts reasonably necessary |
| 13 | | to implement the
exercise of the powers granted to the ag |
| 14 | | ent. Without limiting the
generality of the foregoing, the s |
| 15 | | tatutory health care power shall include
the following powers, |
| 16 | | subject to any limitations appearing on the face of the form:
(1) The agent is authori |
| 18 | | zed to give consent to and authorize or refuse,
or to wi |
| 19 | | thhold or withdraw consent to, any and all types of medical care,
treatm |
| 20 | | ent, or procedures relating to the ph |
| 21 | | ysical or mental health of the
principal, including any me |
| 22 | | dication program, surgical procedures,
life-sustaining treatment, |
| 23 | | or provision of food and fluids for the principal.
(2) The agent is authorized |
| 25 | | to admit the principal to or discharge the
principal |
| 26 | | from any and all types of hospitals, institutions, hom |
|
| | HB5501 | - 2698 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | es,
residential or nursing facilities, treatment centers, and other health care
institutions providing personal |
| 3 | | care or treatment for any type of physical
or mental condit |
| 4 | | ion. The agent shall have the same right to visit the
pr |
| 5 | | incipal in the hospital or other institution as is granted |
| 6 | | to a spouse or
adult child of the principal, any rule |
| 7 | | of the institution to the contrary
notwithstanding.
(3) The agent is authoriz |
| 9 | | ed to contract for any and all types of health
care serv |
| 10 | | ices and facilities in the name of and on behalf of the |
| 11 | | principal
and to bind the principal to pay for all such se |
| 12 | | rvices and facilities,
and to have and exercise those p |
| 13 | | owers over the principal's property as are
authorized un |
| 14 | | der the statutory property power, to the extent the ag |
| 15 | | ent
deems necessary to pay health care costs; and
the age |
| 16 | | nt shall not be personally liable for any services or car |
| 17 | | e contracted
for on behalf of the principal.
(4) At the principa |
| 19 | | l's expense and subject to reasonable rules of the
healt |
| 20 | | h care provider to prevent disruption of the principal's he |
| 21 | | alth care,
the agent shall have the same right the princip |
| 22 | | al has to examine and copy
and consent to disclosure of a |
| 23 | | ll the principal's medical records that the agent deems
r |
| 24 | | elevant to the exercise of the agent's powers, whether th |
| 25 | | e records
relate to mental health or any other medical cond |
| 26 | | ition and whether they are in
the possession of or ma |
|
| | HB5501 | - 2699 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | intained by any physician, psychiatrist,
psychologist, th |
| 2 | | erapist, hospital, nursing home, or other health care
pro |
| 3 | | vider. The authority under this paragraph (4) applies to a |
| 4 | | ny information governed by the Health Insurance Portability |
| 5 | | and Accountability Act of 1996 ("HIPAA") and regulat |
| 6 | | ions thereunder. The agent serves as the principal's person |
| 7 | | al representative, as that term is defined under HIPAA and regulations thereunder.
(5) The agent is authorized: |
| 9 | | to direct that an autopsy be made pursuant
to Section 2 of |
| 10 | | the Autopsy Act;
to make a disposition of any
part or a |
| 11 | | ll of the principal's body pursuant to the Illinois Anat |
| 12 | | omical Gift
Act, as now or hereafter amended; and to dir |
| 13 | | ect the disposition of the
principal's remains. (6) At any time during whi |
| 15 | | ch there is no executor or administrator appointed for t |
| 16 | | he principal's estate, the agent is authorized to continu |
| 17 | | e to pursue an application or appeal for government benef |
| 18 | | its if those benefits were applied for during the life of the prin |
| 19 | | cipal.
(d) A physician may determine th |
| 20 | | at the principal is unable to make health care decisions for |
| 21 | | himself or herself only if the principal lacks decisional |
| 22 | | capacity, as that term is defined in Section 10 of the Health Care Surrog |
| 23 | | ate Act. (e) If the principal names the |
| 24 | | agent as a guardian on the statutory short form, and i |
| 25 | | f a court decides that the appointment of a guardian will |
| 26 | | serve the principal's best interests and welfare, the court |
|
| | HB5501 | - 2700 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | shall appoint the agent to serve without bond o |
| 2 | | r security. (Source: P.A. 101-81, eff. 7-12-19; 101-163 |
| 3 | | , eff. 1-1-20; 102-38, eff. 6-25-21; 102-181, eff. 7-30-21; revised 9-22-21.)
Section 710. The Illinois Human |
| 5 | | Rights Act is amended by changing Sections 1-103, 2-105, and 6-101 as follows:
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103) Sec. 1-103. General definitions. When used in this Act, unless the
context requires otherwise, the |
| 9 | | term:
(A) Age. "Age" means the chronol |
| 10 | | ogical age of a person who is at least
40 years old, except w |
| 11 | | ith regard to any practice described in Section
2-102, insofar |
| 12 | | as that practice concerns training or apprenticeship
program |
| 13 | | s. In the case of training or apprenticeship programs, for the
purpos |
| 14 | | es of Section 2-102, "age" means the chronological age of |
| 15 | | a person
who is 18 but not yet 40 year |
| 16 | | s old.
(B) Aggrieved party. "Aggrieved |
| 17 | | party" means a person who is alleged
or proved to have been |
| 18 | | injured by a civil rights violation or believes he
or she |
| 19 | | will be injured by a civil rights violation under Article 3 that is
about to |
| 20 | | occur.
(B-5) Arrest record. "Arrest record" means: (1) an arrest not leading to a conviction; (2) a juvenile record; or (3) criminal history |
| 24 | | record information ordered expunged, sealed, or impounde |
|
| | HB5501 | - 2701 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | d under Section 5.2 of the Criminal Identificati |
| 2 | | on Act. (C) Charge. "Charge" means an |
| 3 | | allegation filed with the Department
by an aggrieved |
| 4 | | party or initiated by the Department under its
auth |
| 5 | | ority.
(D) Civil rights violation |
| 6 | | . "Civil rights violation" includes and
shall be limited to on |
| 7 | | ly those specific acts set forth in Sections
2-102, 2-103, 2-105, 3-102, 3 |
| 8 | | -102.1, 3-103, 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, |
| 9 | | 4-103,
5-102, 5A-102, 6-101, 6-101.5, and 6-102 of thi |
| 10 | | s Act.
(E) Commission. "Commissi |
| 11 | | on" means the Human Rights Commission
created by thi |
| 12 | | s Act.
(F) Complaint. "Complaint" means |
| 13 | | the formal pleading filed by
the Department with t |
| 14 | | he Commission following an investigation and
finding of subst |
| 15 | | antial evidence of a civil rights viol |
| 16 | | ation.
(G) Complainant. "Complainant |
| 17 | | " means a person including the
Department who files a charge |
| 18 | | of civil rights violation with the Department or
the Commi |
| 19 | | ssion.
(G-5) Conviction record. |
| 20 | | "Conviction record" means information indicating that a pers |
| 21 | | on has been convicted of a felony, misdemeanor or other c |
| 22 | | riminal offense, placed on probation, fined, imprisoned, or p |
| 23 | | aroled pursuant to any law enforcement or military au |
| 24 | | thority. (H) Department. "Department" mea |
| 25 | | ns the Department of Human Rights
created by thi |
| 26 | | s Act.
(I) Disa |
|
| | HB5501 | - 2702 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | bility. (1) "Disability" means a deter |
| 2 | | minable physical or mental
characteristic of a person, includ |
| 3 | | ing, but not limited to, a determinable
physical characteris |
| 4 | | tic which necessitates the person's use of a guide,
hearing or s |
| 5 | | upport dog, the history of such characteristic, or the
percept |
| 6 | | ion of such characteristic by the person complained agai |
| 7 | | nst, which
may result from disease, injury, congenital condit |
| 8 | | ion of birth or
functional disorder and which characteristic:
(a) For purposes of Arti |
| 10 | | cle 2, is unrelated to the person's ability
to perform the |
| 11 | | duties of a particular job or position and, pursuant to
Section |
| 12 | | 2-104 of this Act, a person's illegal use of |
| 13 | | drugs or alcohol is not a
disability;
(b) For purposes of Arti |
| 15 | | cle 3, is unrelated to the person's ability
to acquire, r |
| 16 | | ent, or maintain a housing accommodation;
(c) For purposes of Ar |
| 18 | | ticle 4, is unrelated to a person's ability to
repay;
(d) For purposes of Ar |
| 20 | | ticle 5, is unrelated to a person's ability to
utilize a |
| 21 | | nd benefit from a place of public accommodation;
(e) For purposes of Ar |
| 23 | | ticle 5, also includes any mental, psychological, or |
| 24 | | developmental disability, including autism spectrum dis |
| 25 | | orders. (2) Discrimination based on di |
| 26 | | sability includes unlawful discrimination against an |
|
| | HB5501 | - 2703 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | individual because of the individual's association with a person with a disa |
| 2 | | bility. (J) Marital status. "Marit |
| 3 | | al status" means the legal status of being
married, singl |
| 4 | | e, separated, divorced, or wi |
| 5 | | dowed.
(J-1) Military status. "Militar |
| 6 | | y status" means a person's status on
active duty in or status |
| 7 | | as a veteran of the armed forces of the United States, sta |
| 8 | | tus as a current member or veteran of any
reserve component |
| 9 | | of the armed forces of the United States, including the U |
| 10 | | nited
States Army Reserve, United States Marine Corps R |
| 11 | | eserve, United States Navy
Reserve, United States Air Force |
| 12 | | Reserve, and United States Coast Guard
Reserve, or status as a |
| 13 | | current member or veteran of the Illinois Army National Guar |
| 14 | | d or Illinois Air National
|
| 15 | | Guard.
(K) National origin. "National |
| 16 | | origin" means the place in which a
person or one of his or her ancestors was |
| 17 | | born.
(K-5) "Order of protection statu |
| 18 | | s" means a person's status as being a person protected un |
| 19 | | der an order of protection issued pursuant to the Illinois Dome |
| 20 | | stic Violence Act of 1986, Article 112A of the Code of Crimi |
| 21 | | nal Procedure of 1963, the Stalking No Contact Order Act, or |
| 22 | | the Civil No Contact Order Act, or an order of protection is |
| 23 | | sued by a court of another |
| 24 | | state. (L) Person. "Person" include |
| 25 | | s one or more individuals, partnerships,
associatio |
| 26 | | ns or organizations, labor organizations, labor unions, joint
|
|
| | HB5501 | - 2704 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | apprenticeship committees, or union labor associations, |
| 2 | | corporations, the
State of Illinois and its instrumentalitie |
| 3 | | s, political subdivisions, units
of local government, legal re |
| 4 | | presentatives, trustees in bankruptcy
or rece |
| 5 | | ivers.
(L-5) Pregnancy. "Pregnancy" me |
| 6 | | ans pregnancy, childbirth, or medical or common conditio |
| 7 | | ns related to pregnancy or chil |
| 8 | | dbirth. (M) Public contract. "Publi |
| 9 | | c contract" includes every contract to which the
S |
| 10 | | tate, any of its political subdivisions, or any municipal corporation is a
|
| 11 | | party.
(N) Religion. "Religion" include |
| 12 | | s all aspects of religious observance
and practice, as well a |
| 13 | | s belief, except that with respect to employers, for
|
| 14 | | the purposes of Article 2, "religion" has the meaning ascribed |
| 15 | | to it in
paragraph (F) of Section 2-101.
(O) Sex. "Sex" means the status of being male or f |
| 17 | | emale.
(O-1) Sexual orientation. |
| 18 | | "Sexual orientation" means actual or
perceived heter |
| 19 | | osexuality, homosexuality, bisexuality, or gender-relate |
| 20 | | d identity,
whether or not traditionally associated with the |
| 21 | | person's designated sex at
birth. "Sexual orientation" does |
| 22 | | not include a physical or sexual attraction to a minor by an |
| 23 | | adult.
(P) Unfavorable military discha |
| 24 | | rge. "Unfavorable military discharge"
includes discharges fr |
| 25 | | om the Armed Forces of the United States, their
Reserve compone |
| 26 | | nts, or any National Guard or Naval Militia which are
class |
|
| | HB5501 | - 2705 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ified as RE-3 or the equivalent thereof, but does not i |
| 2 | | nclude those
characterized as RE-4 or "Dishonor |
| 3 | | able".
(Q) Unlawful discrimination. |
| 4 | | "Unlawful discrimination" means discrimination
against a pe |
| 5 | | rson because of his or her actual or perceived: race, color, |
| 6 | | religion, national origin,
ancestry, age, sex, marital s |
| 7 | | tatus, order of protection status, disability, military s |
| 8 | | tatus, sexual
orientation, pregnancy,
or unfavorable
discharg |
| 9 | | e from military service as those terms are defined in thi |
| 10 | | s Section.
(Source: P.A. 101-81, eff. 7-12-19; 101-221 |
| 11 | | , eff. 1-1-20; 101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; revised 9-29-21.)
(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
Sec. 2-105. Equal Employment |
| 16 | | Opportunities; Affirmative Action.
(A) Public Contracts. Every part |
| 18 | | y to a public contract and every
eligible bidder shall:
(1) Refrain from u |
| 20 | | nlawful discrimination and discrimination based on
citize |
| 21 | | nship status in employment and undertake affirmative ac |
| 22 | | tion to assure
equality of employment opportunity and eli |
| 23 | | minate the effects of past
discrimination;
(2) Comply with the procedur |
| 25 | | es and requirements of the Department's
regulations c |
|
| | HB5501 | - 2706 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | oncerning equal employment opportunities and affirmative action;
(3) Provide such inform |
| 3 | | ation, with respect to its employees and
applicants for emp |
| 4 | | loyment, and assistance as the Department may
reasonably request;
(4) Have written sexual hara |
| 6 | | ssment policies that shall include, at a
minimum, the foll |
| 7 | | owing information: (i) the illegality of
sexual harassme |
| 8 | | nt; (ii) the definition of sexual harassment under State
l |
| 9 | | aw; (iii) a description of sexual harassment, utilizing e |
| 10 | | xamples; (iv) the
vendor's internal complaint process in |
| 11 | | cluding penalties; (v) the legal
recourse, investigative, and complaint process available through the
Departmen |
| 13 | | t and the Commission; (vi) directions on how to |
| 14 | | contact the
Department and Commission; and (vii) protect |
| 15 | | ion against retaliation as
provided by Sections 6-101 and 6- |
| 16 | | 101.5 of this Act. A copy of the policies shall
be provi |
| 17 | | ded to the Department upon request. Additionally, each b |
| 18 | | idder who submits a bid or offer for a State contract unde |
| 19 | | r the Illinois Procurement Code shall have a written c |
| 20 | | opy of the bidder's sexual harassment policy as required u |
| 21 | | nder this paragraph (4). A copy of the policy shall be pr |
| 22 | | ovided to the State agency entering into the contract upon re |
| 23 | | quest.
(B) State Agencies. Every S |
| 24 | | tate executive department, State agency,
board, commission, and instrumentality shall:
(1) Comply with the procedur |
| 26 | | es and requirements of the Department's
regulations c |
|
| | HB5501 | - 2707 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | oncerning equal employment opportunities and affirmative action. ;
(2) Provide such informa |
| 3 | | tion and assistance as the Department may request.
(3) Establish, maintain, |
| 5 | | and carry out a continuing affirmative action
plan consis |
| 6 | | tent with this Act and the regulations of the Department |
| 7 | | designed
to promote equal opportunity for all State re |
| 8 | | sidents in every aspect of
agency personnel policy and |
| 9 | | practice. For purposes of these affirmative
action pl |
| 10 | | ans, the race and national origin categories to be i |
| 11 | | ncluded in the
plans are: American Indian or Alaska Nativ |
| 12 | | e, Asian, Black or African American, Hispanic or Latino, |
| 13 | | Native Hawaiian or Other Pacific Islander. This plan shall
include |
| 15 | | a current detailed status report:
(a) indicating, by each |
| 17 | | position in State service, the number,
percent |
| 18 | | age, and average salary of individuals employed by race |
| 19 | | , national
origin, sex and disability, and any other ca |
| 20 | | tegory that the Department may
require by rule;
(b) identifying |
| 22 | | all positions in which the percentage of the people
|
| 23 | | employed by race, national origin, sex and disabili |
| 24 | | ty, and any other
category that the Department may req |
| 25 | | uire by rule, is less than four-fifths of
the p |
| 26 | | ercentage of each of those components in the State work force;
(c) specifying |
| 2 | | the goals and methods for increasing the percentage |
| 3 | |
by race, national origin, sex, and disability, and a |
| 4 | | ny other category
that the Department may require by rule, in State positions;
(d) indicating pr |
| 6 | | ogress and problems toward meeting equal employment
opp |
| 7 | | ortunity goals, including, if applicable, but not |
| 8 | | limited to, Department
of Central Management Ser |
| 9 | | vices recruitment efforts, publicity, promotions,
and |
| 10 | | use of options designating positions by linguistic abilities;
(e) establishing a num |
| 12 | | erical hiring goal for the employment of
qualified pe |
| 13 | | rsons with disabilities in the agency as a whole, to be |
| 14 | | based
on the proportion of people with work disabili |
| 15 | | ties in the Illinois labor
force as reflected in the m |
| 16 | | ost recent employment data made available by the United States Census Bureau.
(4) If the agency has 1000 |
| 18 | | or more employees, appoint a full-time Equal
Employment Op |
| 19 | | portunity officer, subject to the Department's approval, whose
duties shall include:
(a) Advising the he |
| 21 | | ad of the particular State agency with respect t |
| 22 | | o the
preparation of equal employment opportu |
| 23 | | nity programs, procedures, regulations,
reports, an |
| 24 | | d the agency's affirmative action plan.
(b) Evaluating in wr |
| 26 | | iting each fiscal year the sufficiency of the tota |
|
| | HB5501 | - 2709 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | l
agency program for equal employment opportunity an |
| 2 | | d reporting thereon to
the head of the agency with |
| 3 | | recommendations as to any improvement or
correctio |
| 4 | | n in recruiting, hiring or promotion needed, includin |
| 5 | | g remedial or
disciplinary action with respect to |
| 6 | | managerial or supervisory employees who
have failed |
| 7 | | to cooperate fully or who are in violation of the program.
(c) Making changes in |
| 9 | | recruitment, training and promotion programs
a |
| 10 | | nd in hiring and promotion procedures designed t |
| 11 | | o eliminate
discriminatory practices when authorized.
(d) Evaluating t |
| 13 | | ests, employment policies,
practices, and qualifica |
| 14 | | tions
and reporting to the head of the agency and to th |
| 15 | | e Department any policies,
practices and qualification |
| 16 | | s that have unequal impact by race, national origin |
| 17 | |
as required by Department rule, sex, or disability |
| 18 | | or any other category that
the Department may require |
| 19 | | by rule, and to assist in the recruitment of |
| 20 | | people
in underrepresented classifications. This func |
| 21 | | tion shall be performed in
cooperation with the State Department of Central Management Services.
(e) Making any aggrieved |
| 24 | | employee or applicant for employment aware of
his |
| 25 | | or her remedies under this Act.
In any meeting, i |
|
| | HB5501 | - 2710 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | nvestigation, negotiation, conference, or other
|
| 2 | | proceeding between a State employee and an Equal Emplo |
| 3 | | yment Opportunity
officer, a State employee (1) who is n |
| 4 | | ot covered by a collective bargaining
agreement and |
| 5 | | (2) who is the complaining party or the subject |
| 6 | | of such
proceeding may be accompanied, advised |
| 7 | | and represented by (1) an attorney
licensed to pr |
| 8 | | actice law in the State of Illinois or (2) a rep |
| 9 | | resentative of an
employee organization whose membershi |
| 10 | | p is composed of employees of the State
and of which t |
| 11 | | he employee is a member. A representative of an employe |
| 12 | | e, other
than an attorney, may observe but may no |
| 13 | | t actively participate, or advise the
State employee |
| 14 | | during the course of such meeting, investigation, negotiation,
confere |
| 15 | | nce, or other proceeding. Nothin |
| 16 | | g in this Section shall be
construed to permit any per |
| 17 | | son who is not licensed to practice law in Illinois
to |
| 18 | | deliver any legal services or otherwise engage in |
| 19 | | any activities that would
constitute the unauthor |
| 20 | | ized practice of law. Any representative of an employ |
| 21 | | ee
who is present with the consent of the employee, |
| 22 | | shall not, during or after
termination of the rela |
| 23 | | tionship permitted by this Section with the State
e |
| 24 | | mployee, use or reveal any information obtained during |
| 25 | | the course of the
meeting, investigation, negotiation, conference, or other proceeding without the
|
|
| | HB5501 | - 2711 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | consent of the complaining party and any State employee |
| 2 | | who is the subject of
the proceeding and pursuan |
| 3 | | t to rules and regulations governing confidential |
| 4 | | ity
of such information as promulgated by the |
| 5 | | appropriate State agency.
Intentional or reckless di |
| 6 | | sclosure of information in violation of these
confiden |
| 7 | | tiality requirements shall constitute a Class B misdemeanor.
(5) Establish, maintain, |
| 9 | | and carry out a continuing sexual harassment
prog |
| 10 | | ram that shall include the following:
(a) Develop a writte |
| 12 | | n sexual harassment policy that includes at a
minimum |
| 13 | | the following information: (i) the illegality of s |
| 14 | | exual harassment;
(ii) the definition of sexual harassm |
| 15 | | ent under State law; (iii) a
description of se |
| 16 | | xual harassment, utilizing examples; (iv) the agency's
|
| 17 | | internal complaint process including penaltie |
| 18 | | s; (v) the legal recourse,
investigative, and complaint |
| 19 | | process available through the Department and
the Comm |
| 20 | | ission; (vi) directions on how to contact the Depa |
| 21 | | rtment and
Commission; and (vii) protection against |
| 22 | | retaliation as provided by Section
6-101 of this |
| 23 | | Act. The policy shall be reviewed annually.
(b) Post in a promine |
| 25 | | nt and accessible location and distribute in a
mann |
| 26 | | er to assure notice to all agency employees without exc |
|
| | HB5501 | - 2712 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | eption the
agency's sexual harassment policy. Such doc |
| 2 | | uments may meet, but shall not
exceed, the 6th grade lit |
| 3 | | eracy level. Distribution shall be effectuated withi |
| 4 | | n
90 days of the effective date of this amendatory A |
| 5 | | ct of 1992 and shall occur
annually thereafter.
(c) Provide tra |
| 7 | | ining on sexual harassment prevention and the
agency' |
| 8 | | s sexual harassment policy as a component of all ongoin |
| 9 | | g or new
employee training programs.
(6) Notify the Department 30 |
| 11 | | days before effecting any layoff. Once
notice is given, the following shall occur:
(a) No layoff may be |
| 13 | | effective
earlier than 10 working days after
notice to |
| 14 | | the Department, unless an
emergency layoff situation exists.
(b) The State executive |
| 16 | | department, State agency, board, commission,
or in |
| 17 | | strumentality in which the layoffs are to occur |
| 18 | | must
notify each employee targeted for la |
| 19 | | yoff, the employee's union
representative (if |
| 20 | | applicable), and the State Dislocated Worker Unit at |
| 21 | | the
Department of Commerce and Economic Opportunity.
(c) The State executive |
| 23 | | department, State agency, board, commission,
or in |
| 24 | | strumentality in
which the layoffs are to occur |
| 25 | | must conform to applicable collective
bargaining agreements.
(d) The State executive |
|
| | HB5501 | - 2713 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | department, State agency, board, commission, or
in |
| 2 | | strumentality in which the layoffs are to occur s |
| 3 | | hould notify each employee
targeted for layoff that t |
| 4 | | ransitional assistance may be available to him |
| 5 | | or her
under the Economic Dislocation and Worker |
| 6 | | Adjustment Assistance Act
administered by the |
| 7 | | Department of Commerce and Economic Opportunity. F |
| 8 | | ailure to
give such notice shall not invalidate |
| 9 | | the layoff or postpone its effectiv |
| 10 | | e
date.
As used in this subsection |
| 11 | | (B), "disability" shall be defined in
rules promulgated under t |
| 12 | | he Illinois Administrative
Procedu |
| 13 | | re Act.
(C) Civil Rights Violati |
| 14 | | ons. It is a civil rights violation for any
public contractor or eligible bidder to:
(1) fail to comply with |
| 16 | | the public contractor's or eligible bidder's
dut |
| 17 | | y to refrain from unlawful discrimination and discrimin |
| 18 | | ation based on
citizenship status in employment under |
| 19 | | subsection (A)(1) of this Section; or
(2) fail to comply with |
| 21 | | the public contractor's or eligible bidder's
duties o |
| 22 | | f affirmative action under subsection (A) of this Section, |
| 23 | | provided
however, that the
Department has notified the pub |
| 24 | | lic contractor or eligible bidder in writing
by cert |
| 25 | | ified mail that the public contractor or eligible bidde |
| 26 | | r may not be
in compliance with affirmative action requirem |
|
| | HB5501 | - 2714 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ents of subsection (A). A
minimum
of 60 days to comply w |
| 2 | | ith the requirements shall be afforded to the public
con |
| 3 | | tractor or eligible bidder before the Department |
| 4 | | may issue formal notice of
non-comp |
| 5 | | liance.
(D) As used in this Section: (1) "American Indian or Ala |
| 7 | | ska Native" means a person having origins in any of the ori |
| 8 | | ginal peoples of North and South America, includin |
| 9 | | g Central America, and who maintains tribal affiliation or community attachment. (2) "Asian" means a perso |
| 11 | | n having origins in any of the original peoples of the Fa |
| 12 | | r East, Southeast Asia, or the Indian subcontinent, incl |
| 13 | | uding, but not limited to, Cambodia, China, India, Japan, |
| 14 | | Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. (3) "Black or African Ameri |
| 16 | | can" means a person having origins in any of the black racial groups of Africa. (4) "Hispanic or Latino |
| 18 | | " means a person of Cuban, Mexican, Puerto Rican, South or |
| 19 | | Central American, or other Spanish culture or origin, regardless of race. (5) "Native Hawaiian or Oth |
| 21 | | er Pacific Islander" means a person having origins in any |
| 22 | | of the original peoples of Hawaii, Guam, Samoa, or other Paci |
| 23 | | fic Islands.(Source: P.A. 102-362, eff. 1-1-22; 102-465 |
| 24 | | , eff. 1-1-22; revised 9-22-21.)
(775 ILCS 5/6-101) (from Ch. 68, par. 6-101)
Sec. 6-101. Additional civ |
| 2 | | il rights violations under Articles 2, 4, 5, and 5A. It is a ci |
| 3 | | vil rights
violation for a person, or for 2 or more persons, to conspire, to:
(A) Retaliation. Retaliate a |
| 5 | | gainst a person because he or she has
opposed that which h |
| 6 | | e or she reasonably and in good faith believes to be
unlaw |
| 7 | | ful discrimination, sexual harassment in employment, sexual |
| 8 | |
harassment in elementary, secondary, and higher
educatio |
| 9 | | n, or discrimination based on arrest record, or citizenship status, or work authorization status
in employme |
| 11 | | nt under Articles 2, 4, 5, and 5A, because he or she |
| 12 | | has made a charge, filed a complaint,
testified, assis |
| 13 | | ted, or participated in an investigation, proceeding, or
|
| 14 | | hearing under this Act, or because he or she has reques |
| 15 | | ted, attempted to request, used, or attempted to use a r |
| 16 | | easonable accommodation as allowed by this Act;
(B) Aiding and Abetting; Coercion. Aid, abet, |
| 18 | | compel, or coerce a
person to commit any violation of this Act;
(C) Interference. W |
| 20 | | ilfully interfere with the performance of a duty
or the |
| 21 | | exercise of a power by the Commission or one of its members |
| 22 | | or
representatives or the Department or one of its officers or empl |
| 23 | | oyees.
Definitions. For the purpose |
| 24 | | s of this Section, "sexual
harassment", "citizenship status |
| 25 | | ", and "work authorization status" shall have the same mea |
| 26 | | ning as defined in
Section 2-101 of |
|
| | HB5501 | - 2716 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | this Act.
(Source: P.A. 102-233, eff. 8-2-21; 102-362 |
| 2 | | , eff. 1-1-22; revised 10-12-21.)
Section 715. The Human Traffick |
| 4 | | ing Resource Center Notice Act is amended by changing Section 5 as follows:
(775 ILCS 50/5)
Sec. 5. Posted notice required. (a) Each of the foll |
| 8 | | owing businesses and other establishments shall, upon the |
| 9 | | availability of the model notice described in Section 15 of th |
| 10 | | is Act, post a notice that complies with the requirements of |
| 11 | | this Act in a conspicuous place near the public entrance of |
| 12 | | the establishment, in all
restrooms open to the public, |
| 13 | | or in another conspicuous location in clear view of the |
| 14 | | public and employees where similar notices are customarily posted: (1) On premise consumptio |
| 16 | | n retailer licensees under the Liquor Control Act of 1934 w |
| 17 | | here the sale of alcoholic liquor is the principal
|
| 18 | | business carried on by the licensee at the premises and primary to the
sale of food. (2) Adult entertainment |
| 20 | | facilities, as defined in Section 5-1097.5 of the Counties Code. (3) Primary airports, as de |
| 22 | | fined in Section 47102(16) of Title 49 of the United States Code. (4) Intercity passenger rail or light rail stations. (5) Bus stations. (6) Truck stops. For pu |
| 2 | | rposes of this Act, "truck stop" means a privately-owned |
| 3 | | and operated facility that provides food, fuel, shower or |
| 4 | | other sanitary facilities, and lawful overnight truck parking. (7) Emergency rooms |
| 6 | | within general acute care hospitals, in which case t |
| 7 | | he notice may be posted by electronic means. (8) Urgent care centers, in |
| 9 | | which case the notice may be posted by electronic means. (9) Farm labor contractors. |
| 11 | | For purposes of this Act, "farm labor contractor" means |
| 12 | | : (i) any person who for a fee or other valuable considerat |
| 13 | | ion recruits, supplies, or hires, or transports in con |
| 14 | | nection therewith, into or within the State, any farmwork |
| 15 | | er not of the contractor's immediate family to work fo |
| 16 | | r, or under the direction, supervision, or control of, a |
| 17 | | third person; or (ii) any person who for a fee or ot |
| 18 | | her valuable consideration recruits, supplies, or hires, o |
| 19 | | r transports in connection therewith, into or within the St |
| 20 | | ate, any farmworker not of the contractor's immediate fa |
| 21 | | mily, and who for a fee or other valuable considerati |
| 22 | | on directs, supervises, or controls all or any part of the |
| 23 | | work of the farmworker or who disburses wages to the |
| 24 | | farmworker. However, "farm labor contractor" does not inclu |
| 25 | | de full-time regular employees of food processing co |
| 26 | | mpanies when the employees are engaged in recruiting |
|
| | HB5501 | - 2718 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | for the companies if those employees are not compensated |
| 2 | | according to the number of farmworkers they recruit. (10) Privately-operated job recruitment centers. (11) Massage establishm |
| 5 | | ents. As used in this Act, "massage establishment" means a |
| 6 | | place of business in which any method of massage therapy is |
| 7 | | administered or practiced for compensation. "Massag |
| 8 | | e establishment" does not include: an establishment at wh |
| 9 | | ich persons licensed under the Medical Practice Act of 1 |
| 10 | | 987, the Illinois Physical Therapy Act, or the Naprapat |
| 11 | | hic Practice Act engage in practice under one of those A |
| 12 | | cts; a business owned by a sole licensed massage ther |
| 13 | | apist; or a cosmetology or esthetics salon registered unde |
| 14 | | r the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act |
| 15 | | of 1985. (b) The Department of Trans |
| 16 | | portation shall, upon the availability of the model notice |
| 17 | | described in Section 15 of this Act, post a notice that complie |
| 18 | | s with the requirements of this Act in a conspicuous place n |
| 19 | | ear the public entrance of each roadside rest area or in anoth |
| 20 | | er conspicuous location in clear view of the public and emplo |
| 21 | | yees where similar notices are customarily |
| 22 | | posted.
(c) The owner of a hote |
| 23 | | l or motel shall, upon the availability of the model notice |
| 24 | | described in Section 15 of this Act, post a notice that complie |
| 25 | | s with the requirements of this Act in a conspicuous and accessi |
| 26 | | ble place in or about the premises in clear view of the emplo |
|
| | HB5501 | - 2720 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Corporation Act of 1983 is amended by changing Sections 8.12 and 15.65 as follows:
(805 ILCS 5/8.12) Sec. 8.12. Female, minority, and LGBTQ directors. (a) Findings and purpose. The G |
| 5 | | eneral Assembly finds that women, minorities, and LGBT |
| 6 | | Q people are still largely underrepresented nationally |
| 7 | | in positions of corporate authority, such as serving as a d |
| 8 | | irector on a corporation's board of directors. This l |
| 9 | | ow representation could be contributing to the disparity see |
| 10 | | n in wages made by females and minorities versus their white ma |
| 11 | | le counterparts. Increased representation of these individuals |
| 12 | | as directors on boards of directors for corporations may b |
| 13 | | oost the Illinois economy, improve opportunities for women, mi |
| 14 | | norities, and LGBTQ people in the workplace, and foster an env |
| 15 | | ironment in Illinois where the business community is repres |
| 16 | | entative of our residents. Therefore, it is the intent of the |
| 17 | | General Assembly to gather more data and study this issu |
| 18 | | e within the State so that effective policy changes may be imp |
| 19 | | lemented to eliminate this di |
| 20 | | sparity. (b) As used in this |
| 21 | | Section: "Annual report" means the report |
| 22 | | submitted annually to the Secretary of State pursuant to th |
| 23 | | is Act. "Female" means a person who |
| 24 | | is a citizen or
lawful permanent resident of |
| 25 | | the United States and who self-identifies as a woman, without |
|
| | HB5501 | - 2721 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | regard to the individual's designated sex a |
| 2 | | t birth. "Minority person" means a pers |
| 3 | | on who is a
citizen or lawful permanent resident of the Un |
| 4 | | ited States and who is any of the following races or ethnicities: (1) American Indian or Alaska Nativ |
| 6 | | e (a person
having origins in any of the original |
| 7 | | peoples of North and South America, including Central |
| 8 | | America, and who maintains tribal affiliation or community attachment). (2) Asian (a person having ori |
| 10 | | gins in any of the
original peoples of the Far Ea |
| 11 | | st, Southeast Asia, or the Indian subcontinent, incl |
| 12 | | uding, but not limited to, Cambodia, China, India, Japan, |
| 13 | | Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam). (3) Black or African American (a per |
| 15 | | son having
origins in any of the black racial groups |
| 16 | | of Africa). Terms such as "Haitian" or "Negro" can be used |
| 17 | | in addition to "Black" or "African American". (4) Hispanic or Latino (a person |
| 19 | | of Cuban,
Mexican, Puerto Rican, South or Central |
| 20 | | American, or other Spanish culture or origin, regardless of race). (5) Native Hawaiian or Other P |
| 22 | | acific Islander (a
person having origins in any |
| 23 | | of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands). (6) "Publicly held domest |
| 25 | | ic or foreign corporation" means a corporation with outs |
| 26 | | tanding shares listed on a major United States stock ex |
|
| | HB5501 | - 2722 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | change. (c) Reporting to the Secr |
| 2 | | etary of State. As soon as practical after August 27, 2019 (the effecti |
| 3 | | ve date of Public Act 101-589) this amendator |
| 4 | | y Act of the 101st General Assembly, but no later than Janu |
| 5 | | ary 1, 2021, the following information shall be provided in a c |
| 6 | | orporation's annual report submitted to the Secretary of Sta |
| 7 | | te under this Act and made available by the Secretary of State |
| 8 | | to the public online as it is received: (1) Whether the corp |
| 10 | | oration is a publicly held domestic or foreign corp |
| 11 | | oration with its principal executive office located in Illinois. (2) Where the corporation i |
| 13 | | s a publicly held domestic or foreign corporation with its |
| 14 | | principal executive office located in Illinois, data o |
| 15 | | n specific qualifications, skills, and experience that the |
| 16 | | corporation considers for its board of directors, |
| 17 | | nominees for the board of directors, and executive officers. (3) Where the corporation i |
| 19 | | s a publicly held domestic or foreign corporation with its |
| 20 | | principal executive office located in Illinois, the self-identified gender of each member of its board of directors. (4) Where the corporation i |
| 23 | | s a publicly held domestic or foreign corporation with its |
| 24 | | principal executive office located in Illinois, whether e |
| 25 | | ach member of its board of directors self-identifies as a m |
| 26 | | inority person and, if so, which race or ethnicity to which the member belongs. (5) Where the corporation i |
| 2 | | s a publicly held domestic or foreign corporation with its |
| 3 | | principal executive office located in Illinois, the se |
| 4 | | lf-identified sexual orientation of each member of its board of directors. (6) Where the corporation i |
| 6 | | s a publicly held domestic or foreign corporation with its |
| 7 | | principal executive office located in Illinois, the self- |
| 8 | | identified gender identity of each member of its board of directors. (7) 7 Where the corp |
| 10 | | oration is a publicly held domestic or foreign corp |
| 11 | | oration with its principal executive office located in Illi |
| 12 | | nois, a description of the corporation's process for |
| 13 | | identifying and evaluating nominees for the board of di |
| 14 | | rectors, including whether and, if so, how demographic diversity is considered. (8) 8 Where the corp |
| 16 | | oration is a publicly held domestic or foreign corp |
| 17 | | oration with its principal executive office located in Illi |
| 18 | | nois, a description of the corporation's process for |
| 19 | | identifying and appointing executive officers, includi |
| 20 | | ng whether and, if so, how demographic diversity is considered. (9) 9 Where the corp |
| 22 | | oration is a publicly held domestic or foreign corp |
| 23 | | oration with its principal executive office located in Illi |
| 24 | | nois, a description of the corporation's policies a |
| 25 | | nd practices for promoting diversity, equity, and in |
| 26 | | clusion among its board of directors and executive o |
|
| | HB5501 | - 2724 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | fficers. Information reported unde |
| 2 | | r this subsection shall be updated in each annual report f |
| 3 | | iled with the Secretary of State ther |
| 4 | | eafter. (d) Beginning no later than Marc |
| 5 | | h 1, 2021, and every March 1 thereafter, the University of Ill |
| 6 | | inois Systems shall review the information reported and publ |
| 7 | | ished under subsection (c) and shall publish on its webs |
| 8 | | ite a report that provides aggregate data on the demograp |
| 9 | | hic characteristics of the boards of directors and executiv |
| 10 | | e officers of corporations filing an annual report for the pr |
| 11 | | eceding year along with an individualized rating for each cor |
| 12 | | poration. The report shall also identify strategies for promoti |
| 13 | | ng diversity and inclusion among boards of directors and corporate executive o |
| 14 | | fficers. (e) The University of Illinoi |
| 15 | | s System shall establish a rating system assessing th |
| 16 | | e representation of women, minorities, and LGBTQ people on cor |
| 17 | | porate boards of directors of those corporations that are |
| 18 | | publicly held domestic or foreign corporations with their |
| 19 | | principal executive office located in Illinois based on the |
| 20 | | information gathered under this Section. The rating system s |
| 21 | | hall consider, among other things: compliance with the demogra |
| 22 | | phic reporting obligations in subsection (c); the corporatio |
| 23 | | n's policies and practices for encouraging diversity in recr |
| 24 | | uitment, board membership, and executive appointments; and th |
| 25 | | e demographic diversity of board seats and executive |
| 26 | | positions.
(Source: P.A. 101-589, eff. 8-27-19; 102-223 |
|
| | HB5501 | - 2726 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | tion shall be a party to a statutory merger and
shall be |
| 2 | | the surviving corporation, an additional franchise tax |
| 3 | | at the time
of filing its report following merger, if such |
| 4 | | report discloses that the
amount represented in this State of |
| 5 | | its paid-in capital immediately after
the merger is |
| 6 | | greater than the aggregate of the amounts represented in this
|
| 7 | | State of the paid-in capital of such of the m |
| 8 | | erged corporations as were
authorized to transact business |
| 9 | | in this State at the time of the merger, as
last reported |
| 10 | | by them in any documents, other than annual reports, |
| 11 | | required
by this Act to be filed in the office of the |
| 12 | | Secretary of State; and in
addition, the surviving corpora |
| 13 | | tion shall be liable for a further
additional franchise tax on th |
| 14 | | e paid-in capital of each of the merged
corporation |
| 15 | | s as last reported by them in any document, other than an |
| 16 | | annual
report, required by this Act to be filed with th |
| 17 | | e Secretary
of State, from their taxable year end to the n |
| 18 | | ext succeeding anniversary
month or, in the case |
| 19 | | of a corporation which has established an extended
filing |
| 20 | | month, the extended filing month of the surviving corporati |
| 21 | | on;
however if the taxable year ends within the 2-month pe |
| 22 | | riod immediately
preceding the anniversary month or the ex |
| 23 | | tended filing month of the
surviving corporation, the t |
| 24 | | ax will be computed to the anniversary or,
extended fil |
| 25 | | ing month of the surviving corporation in the next succeeding
calendar year.
(d) An annual franchise tax |
|
| | HB5501 | - 2727 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | payable each year with any
annual report which the corpo |
| 2 | | ration is required by this Act to file.
On or after January 1, 2020 and |
| 4 | | prior to January 1, 2021, the first $30 in liability is exempt |
| 5 | | from the tax imposed under this Section. On or after January 1, |
| 6 | | 2021, the first $1,000 in liability is exempt from the tax imposed under |
| 7 | | this Section. Public Act 101-9(Source: P.A. 101-9, eff. 6-5-19; 102-16, |
| 9 | | eff. 6-17-21; 102-558, eff. 8-20-21; revised 10-21-21.)
Section 725. The Consumer Fr |
| 11 | | aud and Deceptive Business Practices Act is amended by set |
| 12 | | ting forth and renumbering multiple versions of Section 2WWW as follows:
(815 ILCS 505/2WWW) Sec. 2WWW. Termination or e |
| 15 | | arly cancellation fees for deceased persons. (a) Subject to federal law and |
| 17 | | regulation, no provider of telephone, cellular telephone, tel |
| 18 | | evision, Internet, energy, medical alert system, or water servi |
| 19 | | ces shall impose a fee for termination or early cancellation of |
| 20 | | a service contract in the event the customer has dece |
| 21 | | ased before the end of the c |
| 22 | | ontract. (b) Every violation of t |
| 23 | | his Section is an unlawful practice within the meaning o |
| 24 | | f this Act.
(Source: P.A. 102-112, eff. 1-1-22.)
(815 ILCS 505/2XXX)
Sec. 2XXX 2WWW. Disclosure req |
| 3 | | uirements for manufactured homes. (a) A lender, or agent of a lend |
| 5 | | ing company, when offering terms for a mortgage note for the |
| 6 | | purchase of a manufactured home, as defined in the Mobile Home P |
| 7 | | ark Act, that has not been caused to be deemed to be real |
| 8 | | property by satisfying the requirements of the Conveyance and E |
| 9 | | ncumbrance of Manufactured Homes as Real Property and Severance Act, shall disclose: (1) any affiliation be |
| 11 | | tween the landlord and the lending company; (2) that the loan is a chattel loan; (3) that the terms |
| 14 | | of a chattel loan prohibit refinancing; (4) that, depending on wher |
| 16 | | e the consumer affixes the manufactured home (be it property |
| 17 | | owned by the consumer or on certain types of leased la |
| 18 | | nd), the manufactured home may qualify as real propert |
| 19 | | y under the Conveyance and Encumbrance of Manufactured |
| 20 | | Homes as Real Property and Severance Act; and (5) any other reason that prohibits refinancing. (b) A violation of this Secti |
| 23 | | on constitutes an unlawful practice within the meaning o |
| 24 | | f this Act.
(Source: P.A. 102-365, eff. 1-1-22; revised 11-12-21.)
(815 ILCS 505/2YYY)
Sec. 2YYY 2WWW. Deceptive practi |
| 3 | | ces targeting veterans and military members. (a) As used in this |
| 5 | | Section: "Veteran or military benefits se |
| 6 | | rvices" means any services offered or provided to a veteran, |
| 7 | | military member, or family member who is entitled to recei |
| 8 | | ve benefits under federal, State, or local law, policy, or p |
| 9 | | ractice as a result of, at least in part, qualifying milit |
| 10 | | ary service. Such services include assistance in obtaining bene |
| 11 | | fits, increasing benefits, or appealing a decision related |
| 12 | | to obtaining or increasing b |
| 13 | | enefits. "Veteran's services disclosure" |
| 14 | | means providing, in upper case type in size at least as lar |
| 15 | | ge as the type size of the written communication or by voice |
| 16 | | -over, the following statement: "VETERAN AND MILI |
| 17 | | TARY BENEFITS SERVICES ARE AVAILABLE FREE OF CHARGE FROM COUNTY |
| 18 | | VETERAN SERVICE OFFICERS, THE ILLINOIS DEPARTMENT OF VETER |
| 19 | | ANS AFFAIRS, AND FEDERALLY CHARTERED VETERAN SERVICE ORG |
| 20 | | ANIZATIONS. TO LEARN MORE, CONTACT THESE ORGANIZATIONS OR THE I |
| 21 | | LLINOIS ATTORNEY GENERAL'S OFFICE AT 1-800-382-3000.". (b) It is an unlawful practice |
| 23 | | within the meaning of this Act for any person providing ve |
| 24 | | teran or military benefits services to: (1) Fail in any advertising |
| 26 | | to conspicuously disclose a veteran's services disclosur |
|
| | HB5501 | - 2730 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | e when veteran or military benefits services are provided |
| 2 | | in exchange for a benefit or thing of value. (2) Fail to obtain, or to ob |
| 4 | | tain a pending application for, all veteran or |
| 5 | | military benefits services qualifications, certific |
| 6 | | ations, and accreditations required under State or federal law. (3) Fail, when acting as |
| 8 | | a fiduciary for a veteran receiving benefits, to me |
| 9 | | et the responsibilities of fiduciaries under 38 CFR 13.140. (4) Fail, when providing |
| 11 | | representation before the United States Department of Vet |
| 12 | | erans Affairs, to meet the standards of conduct under 38 CFR 14.632. (5) Charge fees or expen |
| 14 | | ses in violation of 38 CFR 14.636 |
| 15 | | or 14.637.
(Source: P.A. 102-386, eff. 1-1-22; revised 11-12-21.)
(815 ILCS 505/2ZZZ)
Sec. 2ZZZ 2WWW. Violations o |
| 18 | | f the Educational Planning Services Consumer Protection Act. A |
| 19 | | ny person who violates the Educational Planning Services Consu |
| 20 | | mer Protection Act commits an unlawful practice within the meaning o |
| 21 | | f this Act.
(Source: P.A. 102-571, eff. 1-1-22; revised 11-12-21.)
Section 730. The Prevaili |
| 23 | | ng Wage Act is amended by changing Section 2 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies |
| 3 | | to the wages of laborers, mechanics and
other workers employ |
| 4 | | ed in any public works, as hereinafter defined, by
any publi |
| 5 | | c body and to anyone under contracts for public works. This |
| 6 | | includes any maintenance, repair, assembly, or disassembly w |
| 7 | | ork performed on equipment whether owned, leased, or |
| 8 | | rented.
As used in this Act, un |
| 9 | | less the context indicates oth |
| 10 | | erwise:
"Public works" means all |
| 11 | | fixed works constructed or demolished by
any public body,
or |
| 12 | | paid for wholly or in part out of public funds. "Public works" |
| 13 | | as
defined herein includes all projects financed in whole
or i |
| 14 | | n part with bonds, grants, loans, or other funds made available |
| 15 | | by or through the State or any of its political subdivisions, |
| 16 | | including but not limited to: bonds issued under the Industria |
| 17 | | l Project Revenue Bond
Act (Article 11, Division 74 of the Ill |
| 18 | | inois Municipal Code), the Industrial
Building Revenue Bond |
| 19 | | Act, the Illinois Finance Authority Act,
the Illinois Sports |
| 20 | | Facilities Authority Act, or the Build Illinois Bond Act; |
| 21 | | loans or other funds made
available pursuant to the Build Il |
| 22 | | linois Act; loans or other funds made available pursuant to |
| 23 | | the Riverfront Development Fund under Section 10-15 of the Riv |
| 24 | | er Edge Redevelopment Zone Act; or funds from the Fund for
Illi |
| 25 | | nois' Future under Section 6z-47 of the State Finance Act, fun |
| 26 | | ds for school
construction under Section 5 of the General |
|
| | HB5501 | - 2732 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | Obligation Bond Act, funds
authorized under Section 3 of th |
| 2 | | e School Construction Bond Act, funds for
school infrastructure un |
| 3 | | der Section 6z-45 of the State Finance Act, and funds
f |
| 4 | | or transportation purposes under Section 4 of the General Obl |
| 5 | | igation Bond
Act. "Public works" also includes (i) all projec |
| 6 | | ts financed in whole or in part
with funds from the Environment |
| 7 | | al Protection Agency under the Illinois Renewable Fuels Develop |
| 8 | | ment Program
Act for which there is no project labor agreemen |
| 9 | | t; (ii) all work performed pursuant to a public private |
| 10 | | agreement under the Public Private Agreements for the Ill |
| 11 | | iana Expressway Act or the Public-Private Agreements for the S |
| 12 | | outh Suburban Airport Act; and (iii) all projects undertaken un |
| 13 | | der a public-private agreement under the Public-Private Partnerships for Transportation Act. "Public works" |
| 15 | | also includes all projects at leased facility property used |
| 16 | | for airport purposes under Section 35 of the Local Government F |
| 17 | | acility Lease Act. "Public works" also includes the constr |
| 18 | | uction of a new wind power facility by a business designated |
| 19 | | as a High Impact Business under Section 5.5(a)(3)(E) and |
| 20 | | the construction of a new utility-scale solar power facility b |
| 21 | | y a business designated as a High Impact Business under Section 5 |
| 22 | | .5(a)(3)(E-5) of the Illinois Enterprise Zone Act.
"P |
| 23 | | ublic works" also includes electric vehicle charging station |
| 24 | | projects financed pursuant to the Electric Vehicle Act and |
| 25 | | renewable energy projects required to pay the prevailing wag |
| 26 | | e pursuant to the Illinois Power Agency Act. "Public works" |
|
| | HB5501 | - 2733 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | does not include work done directly by any public utility co |
| 2 | | mpany, whether or not done under public supervision or direct |
| 3 | | ion, or paid for wholly or in part out of public funds. "P |
| 4 | | ublic works" also includes construction projects performed by a |
| 5 | | third party contracted by any public utility, as described in |
| 6 | | subsection (a) of Section 2.1, in public rights-of-way, as defined |
| 7 | | in Section 21-201 of the Public Utilities Act, whethe |
| 8 | | r or not done under public supervision or direction, or paid fo |
| 9 | | r wholly or in part out of public funds. "Public works" |
| 10 | | also includes construction projects that exceed 15 aggregat |
| 11 | | e miles of new fiber optic cable, performed by a third part |
| 12 | | y contracted by any public utility, as described in subsect |
| 13 | | ion (b) of Section 2.1, in public rights-of-way, as defined in S |
| 14 | | ection 21-201 of the Public Utilities Act, whethe |
| 15 | | r or not done under public supervision or direction, or paid fo |
| 16 | | r wholly or in part out of public funds. "Public works" al |
| 17 | | so includes any corrective action performed pursuant to Titl |
| 18 | | e XVI of the Environmental Protection Act for which payment fr |
| 19 | | om the Underground Storage Tank Fund is requested. "Publ |
| 20 | | ic works" does not include projects undertaken by the owner |
| 21 | | at an owner-occupied single-family residence or at an owne |
| 22 | | r-occupied unit of a multi-family residence. "Public wo |
| 23 | | rks" does not include work performed for soil and wate |
| 24 | | r conservation purposes on agricultural lands, whethe |
| 25 | | r or not done under public supervision or paid for wholly or in |
| 26 | | part out of public funds, done directly by an owner or perso |
|
| | HB5501 | - 2734 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | n who has legal control of those |
| 2 | | lands.
"Construction" means all work |
| 3 | | on public works involving laborers,
workers or mechanics. This |
| 4 | | includes any maintenance, repair, assembly, or disassembly w |
| 5 | | ork performed on equipment whether owned, leased, or |
| 6 | | rented.
"Locality" means the county wh |
| 7 | | ere the physical work upon public works
is performed, excep |
| 8 | | t (1) that if there is not available in the county a
suff |
| 9 | | icient number of competent skilled laborers, workers and |
| 10 | | mechanics
to construct the public works efficiently and properl |
| 11 | | y, "locality"
includes any other county nearest the one in whic |
| 12 | | h the work or
construction is to be performed and from which su |
| 13 | | ch persons may be
obtained in sufficient numbers to perform t |
| 14 | | he work and (2) that, with
respect to contracts for highway w |
| 15 | | ork with the Department of
Transportation of this State, "local |
| 16 | | ity" may at the discretion of the
Secretary of the Depar |
| 17 | | tment of Transportation be construed to include
two or more ad |
| 18 | | jacent counties from which workers may be accessible for
work on such constr |
| 19 | | uction.
"Public body" means the Stat |
| 20 | | e or any officer, board or commission of
the State or an |
| 21 | | y political subdivision or department thereof, or any
institu |
| 22 | | tion supported in whole or in part by public funds,
and in |
| 23 | | cludes every county, city, town,
village, township, school dist |
| 24 | | rict, irrigation, utility, reclamation
improvement or othe |
| 25 | | r district and every other political subdivision,
district or |
| 26 | | municipality of the state whether such political
subdivision |
|
| | HB5501 | - 2735 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | , municipality or district operates under a special charter
|
| 2 | | or not.
"Labor organization" means a |
| 3 | | n organization that is the exclusive representative of an
emplo |
| 4 | | yer's employees recognized or certified pursuant to the National Labor Relatio |
| 5 | | ns Act. The terms "general prevail |
| 6 | | ing rate of hourly wages", "general
prevailing rate of wag |
| 7 | | es" or "prevailing rate of wages" when used in
this Act mean t |
| 8 | | he hourly cash wages plus annualized fringe benefits for t |
| 9 | | raining and
apprenticeship programs approved by the U.S. Depa |
| 10 | | rtment of Labor, Bureau of
Apprenticeship and Training, heal |
| 11 | | th and welfare, insurance, vacations and
pensions paid gen |
| 12 | | erally, in the
locality in which the work is being performe |
| 13 | | d, to employees engaged in
work of a similar character on pu |
| 14 | | blic works.
(Source: P.A. 102-9, eff. 1-1-22; 102-444, |
| 15 | | eff. 8-20-21; 102-673, eff. 11-30-21; revised 12-9-21.)
Section 735. The Unemployment In |
| 17 | | surance Act is amended by changing Section 1900 as follows:
(820 ILCS 405/1900) (from Ch. 48, par. 640)
Sec. 1900. Disclosure of information.
A. Except as provided in |
| 21 | | this Section, information obtained from any
individual or |
| 22 | | employing unit during the administration of this Act shall:
1. be confidential,
2. not be published or open to public inspection,
3. not be used in any cour |
| 2 | | t in any pending action or proceeding,
4. not be admissible in |
| 4 | | evidence in any action or proceeding other than
one arising out of th |
| 5 | | is Act.
B. No finding, determination, decision, ruling, or order (including
any finding of fact, st |
| 7 | | atement or conclusion made therein) issued pursuant
to this |
| 8 | | Act shall be admissible or used in evidence in any action oth |
| 9 | | er than
one arising out of this Act, nor shall it be bindi |
| 10 | | ng or conclusive except
as provided in this Act, nor shall i |
| 11 | | t constitute res judicata, regardless
of whether the action |
| 12 | | s were between the same or related parties or involved
the same |
| 13 | | facts.
C. Any officer or employee of |
| 14 | | this State, any officer or employee of any
entity author |
| 15 | | ized to obtain information pursuant to this Section, and any |
| 16 | |
agent of this State or of such entity
who, except with autho |
| 17 | | rity of
the Director under this Section or as authorized pursuan |
| 18 | | t to subsection P-1, shall disclose information sh |
| 19 | | all be guilty
of a Class B misdemeanor and shall be dis |
| 20 | | qualified from holding any
appointment or employment by the |
| 21 | | State.
D. An individual or his du |
| 22 | | ly authorized agent may be supplied with
information from |
| 23 | | records only to the extent necessary for the proper
pre |
| 24 | | sentation of his claim for benefits or with his existin |
| 25 | | g or prospective
rights to benefits. Discretion to disclos |
| 26 | | e this information belongs
solely to the Director and is n |
|
| | HB5501 | - 2738 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | formation submitted by the State or any
of its politic |
| 2 | | al subdivisions, municipal corporations, instrumentaliti |
| 3 | | es,
or school or community college districts, except for info |
| 4 | | rmation which
specifically identifies an individual cl |
| 5 | | aimant.
H. The Director shall disc |
| 6 | | lose only that information required to be
disclosed under |
| 7 | | Section 303 of the Social Security Act, as amended, including:
1. any information requi |
| 9 | | red to be given the United States Department of
Labor under Section 303(a)(6); and
2. the making available upo |
| 11 | | n request to any agency of the United States
charged |
| 12 | | with the administration of public works or assistance thro |
| 13 | | ugh
public employment, the name, address, ordinary occupation, and employment
status of each recipient of unempl |
| 15 | | oyment compensation, and a statement of
such re |
| 16 | | cipient's right to further compensation under such |
| 17 | | law as required
by Section 303(a)(7); and
3. records to make |
| 19 | | available to the Railroad Retirement Board as
required by Section 303(c)(1); and
4. information that will ass |
| 21 | | ure reasonable cooperation with every agency
of the Unit |
| 22 | | ed States charged with the administration of any unempl |
| 23 | | oyment
compensation law as required by Section 303(c)(2); and
5. information upon req |
| 25 | | uest and on a reimbursable basis to the United
States Dep |
| 26 | | artment of Agriculture and to any State food stamp agency
|
|
| | HB5501 | - 2739 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | concerning any information required to be furnished by Section 303(d); and
6. any wage informa |
| 3 | | tion upon request and on a reimbursable basis
to any St |
| 4 | | ate or local child support enforcement agency required by
Section 303(e); and
7. any information |
| 6 | | required under the income eligibility and
verification sys |
| 7 | | tem as required by Section 303(f); and
8. information that migh |
| 9 | | t be useful in locating an absent parent or that
paren |
| 10 | | t's employer, establishing paternity or establishing, mod |
| 11 | | ifying, or
enforcing child support orders
for the |
| 12 | | purpose of a child support enforcement program
under Title |
| 13 | | IV of the Social Security Act upon the request of
and on a |
| 14 | | reimbursable basis to
the public
agency administering |
| 15 | | the Federal Parent Locator Service as required by
Section 303(h); and
9. information, upon requ |
| 17 | | est, to representatives of any federal, State,
or local g |
| 18 | | overnmental public housing agency with respect to indiv |
| 19 | | iduals who
have signed the appropriate consent form ap |
| 20 | | proved by the Secretary of Housing
and Urban Development a |
| 21 | | nd who are applying for or participating in any |
| 22 | | housing
assistance program administered by the United St |
| 23 | | ates Department of Housing and
Urban Development as required by Section |
| 24 | | 303(i).
I. The Director, upon the req |
| 25 | | uest of a public agency of Illinois, of the
federal government, or of any other state charged with the investigation or
enforce |
|
| | HB5501 | - 2740 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | ment of Section 10-5 of the Criminal Code of 2012 (o |
| 2 | | r a similar
federal law or similar law of another State), may |
| 3 | | furnish the public agency
information regarding the individua |
| 4 | | l specified in the request as to:
1. the current or most |
| 6 | | recent home address of the individual, and
2. the names and add |
| 8 | | resses of the individual's emp |
| 9 | | loyers.
J. Nothing in this Section sh |
| 10 | | all be deemed to interfere with the
disclosure of certain |
| 11 | | records as provided for in Section 1706 or with the
righ |
| 12 | | t to make available to the Internal Revenue Service of the U |
| 13 | | nited
States Department of the Treasury, or the Department |
| 14 | | of Revenue of the
State of Illinois, information obtained under |
| 15 | | this Act. With respect to each benefit claim that appears to |
| 16 | | have been filed other than by the individual in whose name the |
| 17 | | claim was filed or by the individual's authorized agent |
| 18 | | and with respect to which benefits were paid during th |
| 19 | | e prior calendar year, the Director shall annually report to |
| 20 | | the Department of Revenue information that is in the Dir |
| 21 | | ector's possession and may assist in avoiding negative incom |
| 22 | | e tax consequences for the individual in whose name the claim was |
| 23 | | filed.
K. The Department shall make |
| 24 | | available to the Illinois Student Assistance
Commission, up |
| 25 | | on request, information in the possession of the Departmen |
| 26 | | t that
may be necessary or useful to the
Commission in the |
|
| | HB5501 | - 2741 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | collection of defaulted or delinquent student loans which
the Commission admin |
| 2 | | isters.
L. The Department shall m |
| 3 | | ake available to the State Employees'
Retirement Syst |
| 4 | | em, the State Universities Retirement System, the
Teachers |
| 5 | | ' Retirement System of the State of Illinois, and the Depart |
| 6 | | ment of Central Management Services, Risk Management Division, |
| 7 | | upon request,
information in the possession of the Departmen |
| 8 | | t that may be necessary or useful
to the System or the Risk M |
| 9 | | anagement Division for the purpose of determining whether any |
| 10 | | recipient of a
disability benefit from the System or a wor |
| 11 | | kers' compensation benefit from the Risk Management Division is gainfully em |
| 12 | | ployed.
M. This Section shall be app |
| 13 | | licable to the information obtained in the
administrati |
| 14 | | on of the State employment service, except that the Direc |
| 15 | | tor
may publish or release general labor market information a |
| 16 | | nd may furnish
information that he may deem proper to an individual, public offi |
| 17 | | cer, or
public agency of this or any |
| 18 | | other State or the federal government (in
addition to those |
| 19 | | public officers or public agencies specified in this
Section) as he prescribes b |
| 20 | | y Rule.
N. The Director may require s |
| 21 | | uch safeguards as he deems proper to insure
that information |
| 22 | | disclosed pursuant to this Section is used only for the
|
| 23 | | purposes set forth in this S |
| 24 | | ection.
O. Nothing in this Section prohi |
| 25 | | bits communication with an individual or entity through unencry |
| 26 | | pted e-mail or other unencrypted electronic means as long |
|
| | HB5501 | - 2742 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | as the communication does not contain the individual's or en |
| 2 | | tity's name in combination with any one or more of the individu |
| 3 | | al's or entity's entire or partial social security number; |
| 4 | | driver's license or State identification number; credit or |
| 5 | | debit card number; or any required security code, access co |
| 6 | | de, or password that would permit access to further inf |
| 7 | | ormation pertaining to the individual or |
| 8 | | entity.
P. |
| 9 | | (Blank). P-1. With the express writte |
| 10 | | n consent of a claimant or
employing unit and an agreement not |
| 11 | | to publicly disclose, the Director shall provide requeste |
| 12 | | d information related to a claim
to an elected official perfo |
| 13 | | rming constituent services or his or her |
| 14 | | agent.
Q. The Director shall make avail |
| 15 | | able to an elected federal
official the name and address of an |
| 16 | | individual or entity that is located within
the jurisdiction f |
| 17 | | rom which the official was elected and that, for the most
r |
| 18 | | ecently completed calendar year, has reported to the Dep |
| 19 | | artment as paying
wages to workers, where the information will |
| 20 | | be used in connection with the
official duties of the official |
| 21 | | and the official requests the information in
writing, specify |
| 22 | | ing the purposes for which it will be used.
For purposes of t |
| 23 | | his subsection, the use of information in connection with |
| 24 | | the
official duties of an official does not include use of the |
| 25 | | information in
connection with the solicitation of contrib |
| 26 | | utions or expenditures, in money or
in kind, to or on behalf of |
|
| | HB5501 | - 2743 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | a candidate for public or political office or a
political |
| 2 | | party or with respect to a public question, as defined in Section |
| 3 | | 1-3
of the Election Code, or in connection with any com |
| 4 | | mercial solicitation. Any
elected federal official who, i |
| 5 | | n submitting a request for information
covered by this sub |
| 6 | | section, knowingly makes a false statement or fails to
disclose |
| 7 | | a material fact, with the intent to obtain the information fo |
| 8 | | r a
purpose not authorized by this subsection, shall be guilty of a Class B
misde |
| 9 | | meanor.
R. The Director may provide t |
| 10 | | o any State or local child support
agency, upon request an |
| 11 | | d on a reimbursable basis, information that might be
useful in |
| 12 | | locating an absent parent or that parent's employer, |
| 13 | | establishing
paternity, or establishing, modifying, or enforcing child support |
| 14 | | orders.
S. The Department shall m |
| 15 | | ake available to a State's Attorney of this
State or a State' |
| 16 | | s Attorney's investigator,
upon request, the current address |
| 17 | | or, if the current address is
unavailable, current employer inf |
| 18 | | ormation, if available, of a victim of
a felony or a
witne |
| 19 | | ss to a felony or a person against whom an arrest warrant is
outst |
| 20 | | anding.
T. The Director shall make avail |
| 21 | | able to the Illinois State Police, a county sheriff's offi |
| 22 | | ce, or a municipal police department, upon request, any |
| 23 | | information concerning the current address and place of empl |
| 24 | | oyment or former places of employment of a person who is req |
| 25 | | uired to register as a sex offender under the Sex Offender Re |
| 26 | | gistration Act that may be useful in enforcing the registration provisions of t |
|
| | HB5501 | - 2744 - | LRB102 24698 AMC 33937 b |
|
|
|
| 1 | | hat Act. U. The Director shall make in |
| 2 | | formation available to the Department of Healthcare a |
| 3 | | nd Family Services and the Department of Human Services for |
| 4 | | the purpose of determining eligibility for public benefit pro |
| 5 | | grams authorized under the Illinois Public Aid Code and relate |
| 6 | | d statutes administered by those departments, for verify |
| 7 | | ing sources and amounts of income, and for other purposes d |
| 8 | | irectly connected with the administration of those p |
| 9 | | rograms. V. The Director shall make in |
| 10 | | formation available to the State Board of Elections as may be re |
| 11 | | quired by an agreement the State Board of Elections has entered int |
| 12 | | o with a multi-state voter registration list maintenance |
| 13 | | system. W. The Director shall make in |
| 14 | | formation available to the State Treasurer's office and the Dep |
| 15 | | artment of Revenue for the purpose of facilitating complianc |
| 16 | | e with the Illinois Secure Choice Savings Program Act, |
| 17 | | including employer contact information for employers with 25 |
| 18 | | or more employees and any other information the Director |
| 19 | | deems appropriate that is directly related to the administration of this |
| 20 | | program. X. The Director shall make i |
| 21 | | nformation available, upon request, to the Illinois Student Ass |
| 22 | | istance Commission for the purpose of determining eligibilit |
| 23 | | y for the adult vocational community college scholarship progr |
| 24 | | am under Section 65.105 of the Higher Education Student Assistan |
| 25 | | ce Act. Y. Except as required unde |
| 26 | | r State or federal law, or unless otherwise provided for in th |